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Topic:2 rod stamp | Category: Help

Lloyd Costa 4 weeks ago
#6631

Hi all,

I belong to a club that has a private pier. They say that they go by DFG rules.
They have told me that even though I have a 2 stamp card I can only use 1 rod on a
private pier. I can not find that anywhere in the GFG rules. If someone could point
that out to me I would be very thankful.

Thanks for any you can be.
LLOYD

itsaboat 4 weeks ago
#6632

Is it now called California Department of Fish and Wildlife ? - https://www.wildlife.ca.gov/

I am not an expert on the subject, but I do know how to read Laws. Do you have a link to the actual regulations?

From what I understand your 2 stamp card applies to "all" inland waters except those expressly exempt by the Regulations. However, this is private property. Is it gated? Does it have public access? Can someone pull up to the pier in a boat and use it? Are there signs up saying "private property" ?

US law is somewhat similar to Australia. If this pier is available (physically) to the general public and the general public can use it, then it might be public place even though it is privately owned.

However, you are a club member and as such have agreed to the club rules. But a contract (agreement) cannot or should not reduce the affect of Law. But having said that, this club specifically states the club rules are the CDFW Regulations, so your membership agreement would appear to be valid.

The answer to your question is going to come down to whether the pier is actually private property as apposed to a public place. And the exact meaning of "all" within the meaning of the Regulations.

An interesting case heard by the High Court of Australia in 1995 (I think might have been 1994), found that a bank was a public place even though the bank had doors and was closed to the public for most of the time. The Court found that when the bank was open to the public for 6 hours per day, it had no restrictions and any member of the general public could access the bank. Therefore the bank was found to be a public place. For those interested it was a copyright case. The bank staff had a meeting when the bank was closed and music was played. The copyright owner found out that the music had been played and argued it was a public place even though the bank was closed...and won the case.

I think this club is being a bit silly. They would have next to no chance of proving that the pier is private property and it would be very expensive for them to prove it anyway. For example, can anyone apply to join this club or is it by invitation only? If anyone can apply, then the members are general public which would make the pier (and anything else owned by the club) a public place.

If you have a direct link to the Regulations I would be happy to take a closer look...just to satisfy my curiosity if nothing else

itsaboat mate...Life is just a boat and then ya marry one !
Lloyd Costa 4 weeks ago
#6633

Yes,
All of this is private property, it is gated, it does not have public access,. I guess someone could pull up to the boat ramp but could not put their boat on a trailer because they could not bring it in through the locked gate. There are signs all over saying "private property.
I do not have a direct link to the Regulations. I take it you mean THIER regulations ?
Because its a private club they can say these are our rules and you can only use one rod.
I just don't want to be cheated out of using one more rod.

From what I understand your 2 stamp card applies to "all" inland waters except those expressly exempt by the Regulations. However, this is private property. Is it gated? Does it have public access? Can someone pull up to the pier in a boat and use it? Are there signs up saying "private property" ?

itsaboat 4 weeks ago
#6634

I mean the actual Government Regulations.

The club is telling you it is illegal to use 2 rods on a privately owned pier. Ask them for a copy of the law.

The club says they abide by the Regulations. The Regulations say you can use 2 rods. - http://www.eregulations.com/california/fishing/freshwater/fishing-methods-gear-restrictions/

I think there can still be questions raised as to whether the pier is restricted private property or a public place.

itsaboat mate...Life is just a boat and then ya marry one !
Lloyd Costa 3 weeks ago
#6635

Thanks for the reply.

I am almost sure it is restricted private property. There are all kinds signs everywhere . And you need a pass card to get through the gate. And there is 24 hour security.

Thanks for your help.