Jetty Legality

[DarkShadow]

Let's say a jetty is accessible to the public from a certain point.

If you navigate the jetty below the high water/tide line, can you fish the entire jetty even though above it may be private property?

I thought that California law said that you can't own the water. You can only own the land above the high water mark.

Anybody know the law?

[HK_Supermarket]

Not all jetties are public, some can and are private structures. Just like you can't walk past a boat dock gate at low tide and climb up it to fish. Even public jetties can have restricted access for various reasons (like south jetty in MB). If there's a gate or signs for no fishing, just find another spot.
There's plenty of places you can legally fish from in SD. No reason to trespass, you're just asking for an encounter.

From DFG site:
Publicly owned jetties and breakwaters may also be "public piers" but, in addition, must form the most seaward protective boundary of an ocean harbor. Jetties and other structures that are not the most seaward boundary are not public piers.

[Midnightpass]

Crystal Pier is like that… They have some restrictions that regular “Public” piers don’t….

Butch

[Gotfish?]

The law reads "mean high tide line" for beach access. How you determine exactly where that is, I don't know.

https://wadelitigation.com/california-c ... d-to-know/

[jwacky]

The law reads "mean high tide line" for beach access. How you determine exactly where that is, I don't know.

https://wadelitigation.com/california-c ... d-to-know/

The folks at La Jolla Beach & Tennis Club have opinions on that that they'll happily share with you

[DarkShadow]

So, I pulled up the county maps. The specific area is a public easement granted by the good ole U S of A.

"W'ly side line of a Perpetual Right of Way and Easement of the United States of America, per Bk. D-296, pg. 840, and Bk. D-616, pg 199, both of Official Records."

Gotta love literal gate keepers....

[DarkShadow]

Not all jetties are public, some can and are private structures. Just like you can't walk past a boat dock gate at low tide and climb up it to fish...

Yep, but docks are private. So, I understand that you can't fish off of that. I was referring to a non-private jetty/sea wall. Essentially, someone who is fishing the jetty below the high water mark, in legalese, is essentially a boater fishing off those same rocks and are afforded the same rights. I used to have that encounter at Newport Beach all the time when I used to float tube it. Angry home owners telling you that you can't fish their docks, when they don't seem to understand that they don't own the water.

From DFG site:
Publicly owned jetties and breakwaters may also be "public piers" but, in addition, must form the most seaward protective boundary of an ocean harbor. Jetties and other structures that are not the most seaward boundary are not public piers.

Yep, all that means is that unlike a public pier that you don't need a fishing license, jetties that are not considered public piers require you to have a license to fish it. It doesn't mean you *can't* fish it.

[Bendo]

Back in the 1960s Roy’s Bait&Tackle had cards sitting next to the cash register printed with the laws pertaining to beach access for the surf fishermen. That way you could recite the law and penal code numbers for fishing along the coast. I sure have been trying to find one. Just to frame it.

[Carpkiller]

Not all jetties are public, some can and are private structures. Just like you can't walk past a boat dock gate at low tide and climb up it to fish...

Yep, but docks are private. So, I understand that you can't fish off of that. I was referring to a non-private jetty/sea wall. Essentially, someone who is fishing the jetty below the high water mark, in legalese, is essentially a boater fishing off those same rocks and are afforded the same rights. I used to have that encounter at Newport Beach all the time when I used to float tube it. Angry home owners telling you that you can't fish their docks, when they don't seem to understand that they don't own the water.

From DFG site:
Publicly owned jetties and breakwaters may also be "public piers" but, in addition, must form the most seaward protective boundary of an ocean harbor. Jetties and other structures that are not the most seaward boundary are not public piers.

Yep, all that means is that unlike a public pier that you don't need a fishing license, jetties that are not considered public piers require you to have a license to fish it. It doesn't mean you *can't* fish it.

C'mon, man, just tell us which jetty you want to fish. We won't give away your secret spot. Promise.

If the private property is the Navy, then your "You don't own the water" argument doesn't hold water. I can't think of a jetty in the SD area that has private property abutting it.

[Spektrum]

Not all jetties are public, some can and are private structures. Just like you can't walk past a boat dock gate at low tide and climb up it to fish...

Yep, but docks are private. So, I understand that you can't fish off of that. I was referring to a non-private jetty/sea wall. Essentially, someone who is fishing the jetty below the high water mark, in legalese, is essentially a boater fishing off those same rocks and are afforded the same rights. I used to have that encounter at Newport Beach all the time when I used to float tube it. Angry home owners telling you that you can't fish their docks, when they don't seem to understand that they don't own the water.

From DFG site:
Publicly owned jetties and breakwaters may also be "public piers" but, in addition, must form the most seaward protective boundary of an ocean harbor. Jetties and other structures that are not the most seaward boundary are not public piers.

Yep, all that means is that unlike a public pier that you don't need a fishing license, jetties that are not considered public piers require you to have a license to fish it. It doesn't mean you *can't* fish it.

C'mon, man, just tell us which jetty you want to fish. We won't give away your secret spot. Promise.

If the private property is the Navy, then your "You don't own the water" argument doesn't hold water. I can't think of a jetty in the SD area that has private property abutting it.

Glad I wasn’t the only one wondering “is this guy vaguely referring to a navy dock/jetty”

[Midnightpass]

I think if you guys read his post in the LA County forum, you’ll see he’s not talking about SD County…
Butch

[DarkShadow]

Not all jetties are public, some can and are private structures. Just like you can't walk past a boat dock gate at low tide and climb up it to fish...

Yep, but docks are private. So, I understand that you can't fish off of that. I was referring to a non-private jetty/sea wall. Essentially, someone who is fishing the jetty below the high water mark, in legalese, is essentially a boater fishing off those same rocks and are afforded the same rights. I used to have that encounter at Newport Beach all the time when I used to float tube it. Angry home owners telling you that you can't fish their docks, when they don't seem to understand that they don't own the water.

From DFG site:
Publicly owned jetties and breakwaters may also be "public piers" but, in addition, must form the most seaward protective boundary of an ocean harbor. Jetties and other structures that are not the most seaward boundary are not public piers.

Yep, all that means is that unlike a public pier that you don't need a fishing license, jetties that are not considered public piers require you to have a license to fish it. It doesn't mean you *can't* fish it.

C'mon, man, just tell us which jetty you want to fish. We won't give away your secret spot. Promise.

If the private property is the Navy, then your "You don't own the water" argument doesn't hold water. I can't think of a jetty in the SD area that has private property abutting it.

Oh, I wouldn't mess with federal property. I already learned the hard way as a kid that throwing an m80 into one of those mailboxes that we used to have back in the day IS a federal crime. Who knew.



This is a breakwater that the DFW website says we need a valid saltwater stamp to fish. That usually means it's public property.

I was gonna head out today and distribute my "This is public water" pamphlets like a Jehovah's witness but I wasn't in the mood.