Dive Zone > Kayak Diving and Spearfishing

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

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bluestar:
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?

essrigr:
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.

tedski:

--- Quote ---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.

--- End quote ---

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

 
--- Quote ---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.
--- End quote ---

NowhereMan:
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...

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