Gaff or Harpoon from a kayak and it legality.

 So I was looking around today for a gaff and harpoons for halibut fishing in the internet and I found an interesting article. In the article a person from the Humboldt area posed the question to CDFW asking if harpoons to land halibut were illegal. CDFW reply was yes it's illegal. At the end of CDFW's reply they stated that the "take" of a fish using a flying gaff is permitted as long as the fish is of legal size. Now I have been fishing since I was young and I can't remember if I have ever heard of a flying gaff. So I looked it up and I was surprised. A flying gaff is more or less a harpoon set up only with a giant detachable hook and barb.  So my question to the group is, 1.) what is the difference and 2.) what are people in the kayak fishing community using?  I personally don't see the difference between a spear tip and detachable hook. In my opinion the spear tip is safer for the boat and angler, but that's my opinion.

CDFW article I am referencing.

https://californiaoutdoorsqas.com/2013/06/06/wrangling-pacific-halibut/

Thanks for the feed back.


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There are several threads here on this topic.  At any rate, the law specifically for pacific halibut has changed since 2013.

Current regs:

§28.20(d)(2) A harpoon, gaff, or net may be used to assist in taking a Pacific halibut that has been legally caught by angling. See Section 28.95 of these regulations for additional restrictions on the use of harpoons.

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The harpoon  is stabbed all the way through the fish and is immediately pulled back out. It has a tip that slides off and stays on the other side of the fish. The tip has a cable on it that you attach to a rope and a buoy. They're used on large halibut that take a while to subdue. Big fish will often swim off and pull the buoy under water. If you're  in a kayak and you stick them with anything like a spear from a gun and try to hold on to them you are in for a ride.   

If you're talking about California halibut, I like to use a short ~2 foot gaff.

Or are you talking about Pacific halibut?


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If you're talking about California halibut, I like to use a short ~2 foot gaff.

Or are you talking about Pacific halibut?


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I would say both. I have the ability to fish for both up here.


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Harpoons can only be used on pacific halibut, skates, rays and sharks. Sections 28.20 and 28.95 in the regs. Furthermore you cannot possess a harpoon within 100 yards of the mouth of any stream north of Ventura county.

Harpoons can only be used on pacific halibut, skates, rays and sharks. Sections 28.20 and 28.95 in the regs. Furthermore you cannot possess a harpoon within 100 yards of the mouth of any stream north of Ventura county.

Lets just say that isn't exactly how I read the regs.  I know that's how DFW read it, but are you really trying to tell me that I can't have a harpoon with me when I am using the porta-can at Albion because I'm within 100 yards of the mouth of the Albion River?

Don't get me started on that no spears within 100 yards of the mouth of a river BS rule.

 

Don't get me started on that no spears within 100 yards of the mouth of a river BS rule.

 

The reg clearly says "in any ocean waters". Somehow that gets ignored by everyone.  Then after a comma, the reg talks about having one aboard a vessel. So "in ocean waters" and "aboard a vessel" are different, mean different things, and clearly don't apply to me taking a dump on shore at Albion.

I'm not really sure why you need a harpoon in the porta-can. The problem is the interpretation of the regs is up to the warden that finds you exiting the thing with a harpoon in your hand. I'd rather not end up in court trying to explain my actions to a judge...I just don't have the time.

I'm not really sure why you need a harpoon in the porta-can. The problem is the interpretation of the regs is up to the warden that finds you exiting the thing with a harpoon in your hand. I'd rather not end up in court trying to explain my actions to a judge...I just don't have the time.

So it doesn't get stolen?  I mean, when you gotta go you gotta go. Also, you're missing the point. This reg doesn't say what DFW says it does and their interpretation is absurd. I've never heard of anyone getting a ticket for launching in the Albion river to go spear fishing, so I don't think the wardens are enforcing the reg as interpreted. They also didn't ever give tickets in eureka or Trinidad for using straight gaffs on Pacific halibut. These men and women are far more reasonable than people give them credit for in 99+% of encounters. It would just be nice if the Q&A column followed suit.

I agree, all of the wardens I have had contact with have always been reasonable. Its too bad the bureaucrats that write the regulations can't write them so that there is no ambiguity. 

I'm not really sure why you need a harpoon in the porta-can.

You never know what you might find in a porta-potty...

Butlerfishing, in that DFW Q&A, I think the "flying gaff" they're refering to is a weighted treble or weighted hook that is tied to a rope, and often used to hoist large fish up onto a pier (or I supposed onto a boat). Not a straight spear-like thing with detachable tip. Many people refer to those as kage sticks...which may or may not be legal (because it's straight instead of curved like a gaff).
But either way, you're better off with a regular gaff or huge net. Just my opinion though.

Butlerfishing, in that DFW Q&A, I think the "flying gaff" they're refering to is a weighted treble or weighted hook that is tied to a rope, and often used to hoist large fish up onto a pier (or I supposed onto a boat). Not a straight spear-like thing with detachable tip. Many people refer to those as kage sticks...which may or may not be legal (because it's straight instead of curved like a gaff).
But either way, you're better off with a regular gaff or huge net. Just my opinion though.

I think a wireman's gaff attached to an A1 buoy is far safer.  It is possibly illegal, since it fits the definition of mousetrap gear.  I have a question in to Carrie Wilson.  It may be that the harpoon attached to the A1 buoy is the best legal way to land a pacific halibut from a kayak.