Kayak fishing the Cape - sort of...

Mary's quick!

Hello Mr. Stockwell,
 
You ask: does USING a boat to get to a destination actually change the legality of the activity at that destination?
 
The answer to your question is yes, when using a boat to take groundfish during the closed season. Once the season closes for boat-based anglers, boats cannot legally be used to take or assist in taking groundfish. Please reference Sections 27.25(c)(3), 27.30(c)(3), 27.35(c)(3), 27.40(c)(2) and 27.45(c)(3) if you would like to see this rule spelled out in legal language.
 
yours,
 
Mary Patyten

So I asked again:

Thank you for your rapid reply! 
 
So it would be illegal to ride in a boat from Eureka to Trinidad and fish from shore there?

She's going to end up either deciding that you can NEVER go on a boat AND fish for rockfish, OR that I'm a pain in the ass!     (we already knew that!   )

Wow!  She got back to me before I could finish this followup:

Hello again Mr. Stockwell,
 
You ask: would be illegal to ride in a boat from Eureka to Trinidad and fish from shore there?
 
The answer to your question is yes, if you carry groundfish, groundfish fishing gear, or anything else used to take or assist in the take of groundfish on the boat during a closed season. As I said before, once the season closes for boat-based anglers, boats cannot legally be used to take or assist in taking groundfish. Again, please reference Sections 27.25(c)(3), 27.30(c)(3), 27.35(c)(3), 27.40(c)(2) and 27.45(c)(3) if you would like to see this rule spelled out in legal language.
 
I hope this answers your question,
 
yours,
 
Mary Patyten

I'm a stubborn SOB, because I still don't buy it!  If you're fishing from shore you're fishing from shore - they can't stop me from kayaking to a rock I can walk to.  I'm going down flaming on this one...   

Where's that F*%*ing Braveheart emoticon?!

   "They can take our boating and fishing, but they CAN'T TAKE OUR FREEDOM!!!"  I hope...   

From the regs:

"No vessel or watercraft (motorized or non-motorized) may be
used to assist in taking or possessing these species while angling from shore
under this provision."

"assist in taking or possessing..."  this is vague.  If I can walk to the rock then the boat isn't assisting me in TAKING, it's just another mode of getting there.  It's also not assisting me in possessing, because I could've carried them to the truck by foot.

I'm a firm believer in following the rules, but this rule F$%&*ing sucks!   

Aye, Mary is quick. She seems sound as well. 

I would guess the rule is to prevent people fishing from boats and then, when questioned, saying that they caught them from the shore. I would bet (hope) that if you were fishing from shore when the warden turns up, you'll be OK, even if it's obvious you arrived there by boat (tho' this would still apparently be illegal). But if you're kayaking back in with some grass rockfish and the warden is there to greet you.......you're in trouble.

You could always go pokepoling!

Nice poke-poling shot.     You couldn't do that up here right now and then drive your car onto a fairy and get home, because that would be ILLEGAL!!!

My point in all of this is that the spirit of the law is getting bent over here because no authority can admit that using a kayak to get to a stinking foot-accessible rock is not at all part of the problem facing our resources!  Your point about the law being that way so people can't just lie is such a sad (but true) point about our society.  The real A-holes are lots better liars than they're figuring on!!

Two years ago I caught a break from a warden who knew me and didn't ticket me for not immediately filling out my ab card when I got back on my boat - he didn't even mention anything about the rock I'd just paddled from and where my fishing rod was.  I believe it was obvious to him that the spirit of the law was not being violated.  Hopefully I'll see him again and he won't have been tainted by all the regulations that were never meant for a kayaker who just likes to paddle across tidepools instead of breaking an ankle!