Legal Question

In my old age, I'm less and less up for hours of hunting but I do enjoy just putting on the wetsuit and go sight seeing in Monterey.  But...  the restrictions on fishing are for boat based anglers.  So if I have a shorty rod and I am swimming around in 60 fow, I presume I can drop a line and pull in a rockfish or lingcod?  The rules are not specific.  I am not boat based.  I am not using spear fishing gear.   Curious as to people's thoughts.

Divers and shore-based anglers are exempt from season and depth restrictions affecting the RCG complex and other federally managed groundfish (sections
27.20(b)(1)(C) and 27.20(b)(1)(D)). Shore-based anglers are fishermen that fish from beaches, banks, piers, jetties, breakwaters, docks, and other manmade
structures connected to the shore. Divers are spear fishermen entering the water either from the shore or from a boat or other floating object. The possession and
transit provisions described for shore-based anglers, and divers are as follows:
• When angling from shore (includes beaches, banks, piers, jetties, breakwaters, docks, and other man−made structures connected to the shore), all
species may be taken and/or possessed year−round (See subsection 27.50(b)(1) for exceptions in the Cowcod Conservation Areas). No vessel or
watercraft (motorized or non−motorized) may be used to assist in the take, transport and/or possession of these species under this provision.
• When diving or spearfishing, as authorized in Section 28.90, all species may be taken and/or possessed year−round (See subsection 27.50(b)(2) for
exceptions in the Cowcod Conservation Areas). When boat−based groundfish fishing is closed, all types of fishing gear, except spearfishing gear, are
prohibited to be aboard the vessel or watercraft (motorized or non−motorized) when taking and/or possessing these species under this provision.

Thanks

Sandwg

It is a thin line, but think that it is all stated there:

Divers are spear fishermen entering the water either from the shore or from a boat or other floating object.

(edit) I *think* you are a diver by that definition.

When boat−based groundfish fishing is closed, all types of fishing gear, except spearfishing gear, are
prohibited to be aboard the vessel or watercraft (motorized or non−motorized) when taking and/or possessing these species under this provision.

I guess you can argue that you are not a vessel or watercraft, but I dont know how far you will get with that defense.

Yeah, more of a theoretical than real.  But I sent in the question to the DFG too.  From the numbers perspective, I don't think there will be this sudden onslaught of freediving anglers any time soon. 

Under water fishing kinda was a fad for awhile
www.scubastick.com
They made a 2 ft stick that extended to 4 ft
Was fun and a great conversation starter on club dives
Out of production ? Only special order I believe
Search for scuba stick and videos pop up but cant find a good picture
I have one and tried it in salt water, and found spear gun easier
Better for fresh water

No.

The regulations are not a model of clarity. "Boat-based" is undefined and is only used in the regulations once, at §27.20(b)(1)(D).  That section says that you can't have angling gear on board a vessel used for spear fishing during a "boat-based" fishing closure.  It doesn't say anything about forbidding boat-based angling during a closure.  No part of the regulations does that, yet somehow "boat-based" entered the lexicon as a proxy for "other than shore based".  It isn't a perfect proxy though, as you've discovered.

The next subparagraph, §27.20(c) is the important subsection:

(c) Closed Season: During any closed season in any Groundfish Management Area, it is unlawful to
take or possess the aforementioned species regardless of depth, except as provided in subsections (b)
(1)(A) through (b)(1)(D) above and sections 27.25 through 27.50 of these regulations.

So it's closed unless subsection (b) allows it.  Subsection (b) does not allow fishing by angling during a closure while swimming, floating, or otherwise - only from shore or structure.

So no.

It would be nice if DFW stopped using "boat-based".  The source of this confusion rests solely on the DFW because of the use of this undefined and unnecessary wordage.

The regulations are not a model of clarity.

Understatement of the year...