QUESTION
Why must I purchase a fishing license when it's my right per the constitution?
Asked on Mar 05th, 2017 on Personal Injury - California
More details to this question:
ARTICLE 1 DECLARATION OF RIGHTS: Section 25. The people shall have the right to fish upon and from the public lands of the State and in the waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the State shall ever be sold or transferred without reserving in the people the absolute right to fish thereupon; and no law shall ever be passed making it a crime for the people to enter upon the public lands within this State for the purpose of fishing in any water containing fish that have been planted therein by the State; provided, that the legislature may by statute, provide for the season when and the conditions under which the different species of fish may be taken.
2 ANSWERS
The section you cite says the state legislature can enact laws as to the conditions for fishing. This is very broad language which does justify requiring a permit for which you are charged. Also, in general, it makes sense that the State can charge a fee to maintain a service provided to the public and that broad language giving you the right to do something does not exclude having to pay for it.
Answered on May 23rd, 2017 at 9:21 AM
Monica Cecilia Castillo-Barraza
".the legislature may by statute, provide for the season when and the conditions."
Answered on May 22nd, 2017 at 10:40 AM