Quote:
Originally Posted by BatRay
Say, if any of you need help interpreting a code section or law, feel free to ask me. I studied criminal justice, including law, for five years, so I have a bit of practice figuring out what the law asks.
|
OK, you're on. These are quotes from the DFG regs.
Quote:
28.90. Diving, Spearfishing. Persons who are floating or swimming in the water may use spearfishing
gear and skin or SCUBA diving equipment to take fin fish other than giant (black) sea bass, garibaldi,
gulf grouper, broomtail grouper, trout, salmon, striped bass or broadbill, except that:
(a) No person may possess or use a spear within 100 yards of the mouth of any stream in any
ocean waters north of Ventura County.
(b) When spearfishing for or in possession of federal groundfish or associated species as
authorized pursuant to sub-sections 27.25(c)(4), 27.30(c)(4), 27.35(c)(4), 27.40(c)(3), 27.45(c)(4)
or 27.50(c)(3), in an area or during a season closed to the take of these species, no fishing gear
except spearfishing gear may be aboard the vessel or watercraft.
28.95. Spears, Harpoons and bow and arrow Fishing Tackle. Spears, harpoons and bow and
arrow fishing tackle may be used for taking all varieties of skates, rays, and sharks, except white
sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream
in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip
when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may be used
to take finfish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout,
salmon, striped bass, broadbill swordfish and white shark.
|
Section 28.90 says that we can spear anything not listed, and marlin are not listed.
Then 28.95 says that we can't have spears aboard a boat on a day when marlin have been taken.
These apparent conflicts have been the subject of arguments on Spearboard and Freedivelist. Representatives of dive clubs say that they have called and written to the DFG and received conflicting answers depending on whom they talked to.
I don't want to shoot a marlin anyway and I've passed one up in Mexico where it is legal as well as in California where its in doubt, but I'd like to know whether its legal.
And BTW, the reg says that you can't have a harpoon on board a boat on a day when a broadbill swordfish is taken, but harpoons are what commercial broadbill fishermen use to take them. I guess that can be explained by the fact that we are reading rules for recreational fishing and we would need a commercial license to harpoon a broadbill anyway, but it sure is confusing to the casual reader.
