Is it legal to possess fish and fishing equipment in a Marine Reserve?

In Monterey we have several small State Marine Reserves (SMR's) where NO TAKE is allowed neighboring State Marine Conservation Areas (SMCA's) where fishing is allowed. The issue is whether it is legal to enter a no-take SMR with fishing equipment and fish, so long as the fish were legally caught in an SMCA. The answer is YES, it IS LEGAl so long as fishing gear is not deployed i the SMR. Furthermore, "fishing gear is not delployed" does not require the fisherman to remove their hooks from any rod and line.

Here's the e-mail to/from DFG:

Dear Ms. Petyten,

Is it legal to travel through a State Marine Reserve (SMR) on a kayak with fish and non-deployed fishing gear on-board?

I would like to launch my kayak from the Lovers Point SMR and then paddle to the neighboring Pacific Grove Marine Gardens State Marine Conservation Area (SMCA) where it is legal to fish.

Also, would it make any difference if the there were no fishing hooks attached to my fishing line while paddling through the SMR?

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Hello Brian,
 
Yes, you may travel through a state marine reserve with catch on board as long as no fishing gear is deployed in the water, per Section 632(a)( on pg. 52 of the current Ocean Sport Fishing regulations booklet. Booklets are available wherever sport fishing licenses are sold, at your local CDFW office, and online at www.dfg.ca.gov/marine/oceansportregs.asp.
 
 
yours,
 
Mary Patyten

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Thank you for your prompt reply, Ms. Patyten.

Does "fishing gear deployed" mean having a hook and line in the water? Or does it go so far as to require fishing hooks be removed from any fishing line on-board a kayak? The term "deployed" is not defined in the regulations and I am wondering how it is enforced by the officers.

Thank you for your time

Brian

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Hi again,
 
Deployed means that the gear (hook and line) is in the water. If you wish to remove all doubt, you could remove the hooks, but that is not required by law. Just make sure your gear is out of the water and secured before transiting a state marine reserve, and you will be abiding by the law.
 
yours,
 

Thanks, good to know!