Kage (Hawaiian Spear Gaff) – Spear or Gaff?

March 24, 2016

The kage (Hawaiian spear gaff) is a popular East Coast fishing gaff used by offshore kayak fishermen to quickly dispatch their fish. (Photos courtesy of Eric McDonald of Deep Blue Kayak Fishing)

Question: Is a kage (Hawaiian spear gaff) legal in California waters? I live in Southern California and I use one to very quickly dispatch legal fish. A kage is easier than a regular gaff, especially since I’m fishing on a kayak. I’m strictly a kayak angler and use my kage more often than a conventional gaff. In case you are unfamiliar with a kage, here are a few links that might help: http://deepbluekayakfishing.com/products/
http://www.scout.com/outdoors/fishing/story/1496518-kage-gaff. (Kevin M.)

Answer: The kage would not be considered a gaff and thus not be legal to use as a gaff from a kayak. A gaff is defined as “… any hook with or without a handle used to assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily in its mouth” (California Code of Regulations Title 14, section 28.65(d)).

A kage would be considered spearfishing gear and subject to the diving and spearfishing regulations (CCR Title 14, section 28.90). Under these regulations, you would be required to be floating or swimming in the water to use this device to take fin fish, other than those listed in this section.

It can also be considered a spear or harpoon, in which case (under CCR Title 14, section 28.95) if you were not in the water but on a kayak, boat or on the shoreline, it can only be used to take skates, rays and sharks (except white sharks). And the device can’t even be possessed on a boat when swordfish or marlin have been taken.

What a crock.

It can also be considered a spear or harpoon, in which case (under CCR Title 14, section 28.95) if you were not in the water but on a kayak, boat or on the shoreline, it can only be used to take skates, rays and sharks (except white sharks). And the device can’t even be possessed on a boat when swordfish or marlin have been taken.

Well, except for the commercial harpoon fishery for swordfish in CA.
Also, I thought it IS now legal to use a harpoon/kage to assist landing pacbutts?

Also, I thought it IS now legal to use a harpoon/kage to assist landing pacbutts?

Me too.

To be consistent with international and federal gear restrictions already in place, state regulations now limit anglers to one rod and no more than two hooks per person to take Pacific halibut. New state regulations will allow the use of a harpoon, gaff or net to assist in taking a Pacific halibut that has been legally caught by angling.

http://www.norcalkayakanglers.com/index.php?topic=64716.0

Why would a kage be considered spear fishing gear. Nobody dives with them and attempts to take fish with them above or below the waves.

The answers Carrie Wilson gives for why kages are illegal is a moving target.

Nets are not listed in §28.65 either. Not a legal method of take so you can't use them to assist in landing a fish.

At least she didn't say "integral part of take" this time. I think my head might have exploded.

I always wondered why I never see anyone using a kage on California videos, now I know.

This reminds me of the fact that on more than one occasion, I’ve been checked by the squirrel chasers out there, and they had people on the boat who were obviously trainees. You could tell some of these guys didn’t know much about much. A theme of California’s overregulatory tendencies is making yourself more policeable for police who aren’t very knowledgeable.