Legal Hitchhiking

October 29, 2015

Question: If I am using a legal shrimp fly rig to fish in California waters for rockfish and a legal-sized lingcod bites and holds onto an otherwise legal-sized rockfish, can I legally gaff and possess that legal-sized hitchhiking lingcod? I am assuming the lingcod has not been hooked in the mouth on my shrimp fly rig, but has merely bitten and held on to the rockfish all the way to the surface. Would this be legal? (James O. Peterson)

Answer: Yes. The take of “hitchhiking” lingcod with a gaff is legal as long as the fish is of legal size. Gaff hooks cannot be used to take or assist in landing any finfish shorter than the minimum sizes limit. Gaffs also cannot be used to take salmon, steelhead, sturgeon or striped bass.

October 29, 2015
 Gaffs also cannot be used to take salmon

October 29, 2015
 Gaffs also cannot be used to take salmon

 

September 12, 2013
Question: Is it legal to use a gaff to land salmon? On a fishing web site I follow, some guys are recommending using a gaff if the net is busy and two fish need to be landed at the same time. I can’t find the section in the saltwater regulation book to answer my question. Can you help? I’m just trying to stay legal. (Ralph C.)

Answer: In ocean waters, gaffs may only be used to land salmon that are of legal size. If a fish is short and a gaff is used, the angler is in violation (CCR Title 14, section 28.65(d)). In inland waters, only anglers fishing from a boat in the Sacramento River main stem below Deschutes Road Bridge can use a gaff (measuring three feet or less) to land legal-sized fish (CCR Title 14, section 2.06). It’s best to release any short salmon as close to the water as possible to give them the best chance for survival.

The difference between take and "assist in take". Also where "integral part of take" breaks down.