Diving in MPA Reserves With Game Onboard?

December 4, 2014

Question: If I am on a commercial sport diving boat and we have legally caught lobster on board, may we go into a marine protected area (MPA) to dive and be assured that we will not get a ticket if we are boarded? We would of course have lobster report cards all properly filled out and the lobsters would be of legal size and taken beforehand in a legal area. Can the boat operator be assured that he will not be cited as well? (Rusty B., Montclair)

Answer: If you have lobsters on board your vessel, you may not dive in an MPA with gear that can be used to catch lobster (California Code of Regulations, Title 14, section 632 (a)(7) and (). A person can’t have their “fishing gear” deployed in the water when anchored or transiting through an MPA. Thus, if a diver dives with a game bag and gloves, then it could be argued they have their lobster “fishing gear” in the water. If divers really want to dive in an MPA off their boat with catch on board, they should do everything possible to ensure it does not appear they will be pursuing/taking lobster. This would include stowing their completed lobster report card, along with the lobster and dive bags. A diver wearing gloves and diving with a game bag, or anything else that could be used to take fish, lobsters or abalone (a large dive knife or long stick with a hooked device, etc.) would appear to have another purpose in mind besides sightseeing. It would then be up to the wildlife officer to determine the appropriate action.

What if ones boat is anchored in a SMR, and then lobster free divers deploy a inflatable from the anchored boat, leave the SMR all wet suited up but, fins, mask, and lobster bags are stowed. Once outside the SMR the lobster divers retain legally caught lobster and then ingress back to the anchored boat in the SMR the same way they left. Yes do assume upon returning, the lobster diving equipment, wetsuit and all are stowed away upon arriving back at and on the anchored boat. Okay or not ?

Why would they need or want to anchor in an SMR.  Just looks suspicious, IMO, and I'd hope law enforcement would heavily scrutinize activity such as that.

Why would they need or want to anchor in an SMR.  Just looks suspicious, IMO, and I'd hope law enforcement would heavily scrutinize activity such as that.

No not trying to be suspicious nor want to be but a fact is there are some MPA's, especially down So-Cal way that were targeted by pro MLPA folks for many reasons other than just the purity of why to have or have not an MPA. A lot of these So-Cal MPA's are safe anchorages. Right or wrong about an MPA's location or allowed uses is not the issue I seek. At times I wish to anchor in known safe anchorages, and if that safe anchorage is an SMR or a SMCA that does not allow take then so be it. However I still want to take game in the area and I am will to do so out of the any MPA in question, and I want my boat to be there when I get back right. Seeking to know how I can use the safety of a anchorage that just so happens to be in an non take MPA or full SMR but still take my game else where outside of the MPA, and insure that all in the party are within the regulations.

And to keep the theme here right, replace inflatable with guys on yaks launch from a big boat.

Kind of thinking here is the answer to my question posed relating a boat anchored in a non take MPA and taking game (fish, lobsters, etc.) outside of the non take MPA but transiting through it back to the anchored boat.

Answer: If you have lobsters on board your vessel, you may not dive in an MPA with gear that can be used to catch lobster (California Code of Regulations, Title 14, section 632 (a)(7) and (). A person can’t have their “fishing gear” deployed in the water when anchored or transiting through an MPA. "Transiting through" and the lobster retaining gear "stowed properly" is the "key" if you will, as to why one might not be in violation of the CCR.