Is diving to spear rockfish open all year in all parts of CA ocean?

I seem to recall that is the rule, but looking through the Ocean Fishing Regulation I can't find this exact phrase.  Can you help?

I was to understand it is, both freediving and scuba. Check with a dive shop, maybe in Monterey, that teaches freediving and spearfishing, they should know, Ron.

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.

Also read the groundfish regulations: https://wildlife.ca.gov/Fishing/Ocean/Regulations/Groundfish-Summary

 

2. 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.

Not to change the subject, but I've always wondered what the logic is behind this. If a diver enters the water from the shore, I would grant that it's similar to shore-based fishing. But why should a spearfisher be able to go out in a boat and dive all year? It seems to me that non-motorized kayakers would have just as good of a case (if not better) for year-round access...

Not to change the subject, but I've always wondered what the logic is behind this. If a diver enters the water from the shore, I would grant that it's similar to shore-based fishing. But why should a spearfisher be able to go out in a boat and dive all year? It seems to me that non-motorized kayakers would have just as good of a case (if not better) for year-round access...

It was explained to me that it's a law of percentages.  There are simply less spear fishers therefore less impact.
I get your point tho

As a diver I think it is harder to get a fish with a spear than a fisherman with a lure. With a scuba diver you make bubbles and noise, so most fish see you as a predator, (of course with a closed system rebreather you do not make bubbles and many fish think of you as a fish and let you get close). With a freediver you have limited time underwater so it is harder to find your fish and shoot it. And yes, there are less people who dive so less impact.

I always assumed that it was because a spearo could size up her or his catch before taking the shot, thereby reducing the impact on the fishery during the months where the population is sensitive.

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)).

Not to be anal but because regulations can have many ifs or buts, I always want to confirm from another angle.

Does the above mean if I am fishing standing on a jetty like the HMB jetty, I can catch rockfish all year round and keep them?  Two weeks ago I was there; caught a few rockfish but let them all go because I wasn't sure whether I could keep them.  I was aiming for halibuts.

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)).

Not to be anal but because regulations can have many ifs or buts, I always want to confirm from another angle.

Does the above mean if I am fishing standing on a jetty like the HMB jetty, I can catch rockfish all year round and keep them?  Two weeks ago I was there; caught a few rockfish but let them all go because I wasn't sure whether I could keep them.  I was aiming for halibuts.

yes that is still shore-based angling

Not to change the subject, but I've always wondered what the logic is behind this. If a diver enters the water from the shore, I would grant that it's similar to shore-based fishing. But why should a spearfisher be able to go out in a boat and dive all year? It seems to me that non-motorized kayakers would have just as good of a case (if not better) for year-round access...

It's because they had a better lobbist with CDFG's ear. >>>>>>>>>>>>>>>>>>>>>, IMHO of course, nothing factual but I have a feeling. And when the exception first came out for divers, the boat language wasn't in there. Of course that part is from my not so trusty memory. As always I'll allow that I could be wrong.

essrigr wrote:

As a diver I think it is harder to get a fish with a spear than a fisherman with a lure.

Haven’t met Big Jim yet, eh?

Dale L wrote:

It's because they had a better lobbist with CDFG's ear. >>>> nothing factual, but I have a feeling . . . As always I'll allow that I could be wrong.

Less spearos than boat fishers, but better lobby. Feelings. Disclaimer. Yeah - you kids get off my lawn!

essrigr wrote:

As a diver I think it is harder to get a fish with a spear than a fisherman with a lure.

Haven’t met Big Jim yet, eh?

I was thinking the same thing…

I personally think it all comes down to the ability of identification and no by-catch. Can be much more selective on what you are going after. No loss of tackle, fishing line, lures etc... Plus most free divers in cold water are relatively restricted by depth.

I personally think it all comes down to the ability of identification and no by-catch. Can be much more selective on what you are going after. No loss of tackle, fishing line, lures etc... Plus most free divers in cold water are relatively restricted by depth.

Good point, Kris! Thanks for adding that.