Crab hawks illegal ?

I just found this on the DFG site:

"Question: Is the Crab Hawk legal for use in California during open crabbing season? The ads say it is not a trap, and because it opens, crabs would not be damaged should they need to be released. Please clarify this for me and cite the appropriate section in the event you determine it is illegal. (Dennis J.)

Answer: The Crab Hawk traps are indeed traps and are not legal as sold because California state law requires traps to possess escape rings.

According to Department of Fish and Game (DFG) Lt. Dennis McKiver, crab traps are required to have at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap (California Code of Regulations Title 14, section 29.80(c)).

Traps that are not specifically provided for in this section may not be used for crabs or other invertebrates. The Crab Hawk trap is not specifically provided for, nor does it meet standards for crab traps in California, so it is not legal to use in the state."

I love my crab hawk. Out fished snares, even my pots on some days.
 

I might attach escape rings to it.

The DFG must be retarded to not be knowledgable and open-mined to the obvious difference between the Crab Hawk and box style traps they require to have escape rings.

Ask at store you buy them at. Can't be sold here if not legal. Loophole somewhere I 'm sure. I got mine @ sportsman's whorehouse 

Loop hole: Attach loops/"snares" of light # mono to the Crab Hawk.... voila, you have a loop/snare trap, legal by DFG definition. Use light # test for the loop so that if it snags, the loop will break off.

Ask at store you buy them at. Can't be sold here if not legal. Loophole somewhere I 'm sure. I got mine @ sportsman's whorehouse 

you can sell stuff that is "illegal" for a given purpose. Witness barbed apex lures.

I just found this on the DFG site:

"Question: Is the Crab Hawk legal for use in California during open crabbing season? The ads say it is not a trap, and because it opens, crabs would not be damaged should they need to be released. Please clarify this for me and cite the appropriate section in the event you determine it is illegal. (Dennis J.)

Answer: The Crab Hawk traps are indeed traps and are not legal as sold because California state law requires traps to possess escape rings.

According to Department of Fish and Game (DFG) Lt. Dennis McKiver, crab traps are required to have at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap (California Code of Regulations Title 14, section 29.80(c)).

Traps that are not specifically provided for in this section may not be used for crabs or other invertebrates. The Crab Hawk trap is not specifically provided for, nor does it meet standards for crab traps in California, so it is not legal to use in the state."

I love my crab hawk. Out fished snares, even my pots on some days.
 

I might attach escape rings to it.

Do you have a link to direct me to the info on the site?  I cannot find the reference above.

Thanks!

From the 2012 Ocean Sport Fishing Regulations:

29.80. GEAR RESTRICTIONS.
(a) General Provisions:
    (1) Saltwater crustaceans may be taken by hand.
    (2) Nets, traps or other appliances may not be used except as provided in this Section.
    (3) It is unlawful to disturb, move, or damage any trap; or remove any saltwater crustacean from a trap, that belongs to another person without written permission in possession from the owner of the trap.
(b) Hoop nets may be used to take spiny lobsters and all species of crabs. Between Point Arguello, Santa Barbara County, and the United States-Mexico border, not more than five hoop nets, as defined in (b)(1)(A) or (b)(1)(B), shall be possessed by a person when taking spiny lobster or crab, not to exceed a total of 10 hoop nets possessed when taking spiny lobster or crab, per vessel. The owner of the hoop net or person who placed the hoop net into the water shall raise the hoop net to the surface and inspect the contents of the hoop net at intervals not to exceed 2 hours.
    (1) Hoop Net Defined: There are two types of hoop nets allowed for use. They shall be defined as:
        (A) Type A: Fishing gear that is comprised of one to three rigid ring(s), with each ring measuring no greater than 36 inches in inside diameter nor less than 10 inches in inside diameter,
which is/are connected to soft mesh thereby forming a circular-shaped net with an enclosed bottom. Lift lines shall be attached only to the top ring. A second and third rigid ring(s) may be connected by soft mesh to the top ring; however, each ring must be equal in size to or smaller than the ring above it. When the net is being raised the top ring shall be above and parallel to all other rings, with the enclosed bottom portion of the soft mesh even with or hanging below all other rings. All parts of the hoop net shall collapse and lie flat when resting on the ocean floor in such a manner that the gear does not entrap or restrict the free movement of crustaceans until lifted. When suspended from lift lines, the entire hoop net shall measure no taller than 36 inches. The ring material shall not be thicker than one inch in any dimension.
        (B) Type B: Fishing gear that is comprised of two to three rigid rings (not including the bait ring), with each ring measuring no greater than 36 inches in inside diameter and the top ring measuring no less than 15 inches in inside diameter. The upper ring or rings shall be connected to the bottom ring and supported by no more than six rigid support arms, and the assembled frame shall measure no more than 10 inches tall. The rings and support material shall not be thicker than one inch in any dimension. All rings shall be connected by soft mesh, thereby forming a net with an enclosed bottom, and lift lines shall be attached only to the top ring. When suspended from lift lines the enclosed bottom portion of the net shall be even with or hanging below all other rings, and the entire net shall measure no taller than 30 inches. A bait ring may be attached to the net as long as the ring is not part of the rigid frame.
    (2) Any hoop net abandoned or left unchecked for more then 2 hours may be considered abandoned and may be seized by any person authorized to enforce these regulations.
(c) Crab traps shall have at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap.
(d) Crab loop traps may have up to six loops.
(e) Crab trap areas: Crab traps, including crab loop traps, may be used north of Point Arguello to take all species of crabs (see regulations for take of Dungeness crabs in traps from commercial
passenger fishing vessels in Section 29.85, Title 14, CCR).

California only allows certain types of hoops and traps for crabbing. Since the Crab Hawk does not satisfy section 29.80(a)(2), it is illegal.