Spear Fishing Options When Close to Stream Outlets

September 8, 2016

Question: I know there is a law prohibiting spear fishing in the ocean within 100 yards of a stream outlet. But would it be ok to enter the water from the beach and swim out past 100 yards with our equipment before we start fishing or would we have to find a beach with no outlet at all? (MJH)

Answer: The requirement for divers and spear fishermen to stay away from stream mouths was designed to protect salmon and steelhead that may be entering or exiting a stream. “No person may possess or use a spear within 100 yards of the mouth of any stream in any ocean waters north of Ventura County,” (FGC, section 28.90).

Because the regulation says “no person may possess … within 100 yards,” it would be unlawful to even stand on the beach with a spear in hand if you are within 100 yards of the mouth of a stream. This means that you will need to find an entry point more than 100 yards away from the mouth of the stream to enter the water to go spear fishing.

Stupid rule.

 

Lot of rivers/stream outlets where folks use the river to enter the ocean to go diving...Albion is a prime example....and has been used for national spearfishing competitions.   

And they now allow spearfishing IN some rivers so makes no frikkin sense.

 

September 8, 2016

Question: I know there is a law prohibiting spear fishing in the ocean within 100 yards of a stream outlet. But would it be ok to enter the water from the beach and swim out past 100 yards with our equipment before we start fishing or would we have to find a beach with no outlet at all? (MJH)

Answer: The requirement for divers and spear fishermen to stay away from stream mouths was designed to protect salmon and steelhead that may be entering or exiting a stream. “No person may possess or use a spear within 100 yards of the mouth of any stream in any ocean waters north of Ventura County,” (FGC, section 28.90).

Because the regulation says “no person may possess … within 100 yards,” it would be unlawful to even stand on the beach with a spear in hand if you are within 100 yards of the mouth of a stream. This means that you will need to find an entry point more than 100 yards away from the mouth of the stream to enter the water to go spear fishing.

I would certainly argue that "in any ocean waters" refers to the diver possessing the spear, not just the river mouth.  Some of their Q&A's are just random.  The answers are written by a marine biologist. 

Yeah this reg is qualified with "in any ocean waters"

The thing about being on the beach is BS.  You can even be in a boat on top of the water.  The prohibition is about being in the water.

How exactly does it protect salmon if I take my spear gun with me into the porta-can at Albion?

Carrie Wilson blew this one.

Yeah, the regs even say that you can swim through SMRs etc with spearfishing equipment but that guns must not be loaded, not in hand, and you have to stay on surface...

So why the hell couldn't you kayak out of Albion or any other river with your gun on board....

Stupid AF.