AB 859: Hunting: navigable waters.

Existing law makes it unlawful to enter land for the purpose of discharging a firearm or taking or destroying any mammal or bird, including waterfowl, on that land, without having first obtained written permission from the owner, the owners agent, or the person in lawful possession of that land, if either of the following applies: (1) the land belongs to, or is occupied by, another person and is either under cultivation or enclosed by a fence, or (2) there are signs forbidding trespass or hunting or both displayed at intervals not less than 3 to the mile along all exterior boundaries and at all roads and trails entering those lands, including land temporarily inundated by water flowing outside the established banks of a waterway, as specified.

This bill would exempt from those provisions lands inundated by navigable waters temporarily flowing outside the established banks of a river, stream, slough, or other waterway that float a boat, canoe, kayak, or any other watercraft. The bill would also state that these provisions do not restrict the publics right under the California Constitution to use navigable waters for hunting, fishing, or other public purposes. The bill would specify that for the purposes of these provisions navigable waters can include ordinary, seasonal flooding. The bill would also specify that nothing in the above-mentioned provisions permits entry over legally restricted land on waters that are not, in fact, navigable.