Quote:
Originally Posted by skrilla
Check out page 44, section 28.95 in the new 2014-2015 reg book. 
Section 28.65(d) states no undersize fish may be gaffed and then goes into description of what a gaff actually is. Also states landing net requirements. But nowhere does it say a spear, harpoon, or kage is illegal to use in CA.
If questioned by a warden you can say its a brain spike because essentially a head shot is what you want when using a kage. As stated in a previous post it's purpose is to dispatch the fish BEFORE sinking a gaff into it. |
Yeah, we had a similar conversation about the topic earlier this year up in Norcal. Had to piece together why a Kage was not allowed. Essentially if you go through the regs piece by piece:
28.65. GENERAL
. Except as provided in this article, fin fish may be taken only on hook and line or by hand. Any number of hooks and lines may be used in all ocean waters and bays except:
So it says the only way that you can take any fin fish is by hook and line or by hand, EXCEPT through 28.65 (a)-(f). That's when you get to 28.65(d) -
(d) No gaff hook shall be used to take or assist in landing any finfish shorter than the minimum size limit. For the purpose of this section a gaff hook is any hook with or without a handle used to assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily in its mouth. No person shall take finfish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter.
So you're allowed to use a gaff "hook" to take a fish, as long as it is legal size. But since it doesn't mention spear, harpoon or gun as an "exception" then you aren't allowed to use those in "take". Of course the next question is, "what is take?"
The handbook defines "Take" in 1.80 -
1.80. TAKE. Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempting to do so.
Shove all that bullsh*t together and you would come up with this:
You can only Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempt to do so with hook and line or by hand, or with a gaff or a net (when fishing - spearing is different as described in the DFG Q&A response)
There's no doubt the whole regulation book is confusing and poorly worded. Now, if you were to use a Kage to take a fish and a warden comes up to you, three things could happen:
1. Warden may not know the reg
2. May not care, or
3. May choose to run you roughshod for it.