No Spearing at Albion

I guess you can't even have it in Camp. Is this really enforced?

Question: I know there is a law prohibiting spear fishing in the ocean
within 100 yards of a stream or river outlet. Is it 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 regulation you are referencing was designed to protect
salmon and steelhead that are entering or exiting a river. FGC Section
28.90, which refers to diving and spear fishing, states that “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."
 
According to Lieutenant Dennis McKiver, 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.
 

wouldn't chance it

we had a warden go through our crabs there once and made us return one to the water that looked legal by our gauges

point being for something like forbidden gear they're not cutting you that kind of slack for sure

Interesting point, I know there have probably been spears in that campground everyday for years, we used to launch out of there and spear to our hearts content, never even thought about that law eventhough it's been on the books forever,

Wouldn't that include fort ross, stillwater N, anchor bay, bean hollow....  Most of the coves we use have a creek in them that could host steelhead or coho.

Never, ever enforced there.  There are slings all over around that campground.

I'd still be very careful, as I just heard this from my wife on Sunday:

Our nanny's son, a non-English speaking individual, got popped for one ab over the possession limit. He was aware of the 3 per day limit, plus the immediate tagging requirement, but due to language issues and relying on friends for info, he didn't understand that an ab in the freezer was still considered in possession in CA. (Yes, Victoria, in some places if a fish has been fully frozen/smoked/kippered it's considered preserved or consumed, and doesn't count against possession)

The interesting thing is that the possession bust didn't occur at the coast, or at a checkpoint. The possum sheriffs went to the trouble to follow this individuals friends to their Sacramento home. Then the LEOs got his name and address from his friends, then did a search of his house to come up with the single extra ab. I've yet to see the citation, but why do I believe that he's going to have to go to court in Sonoma County, and not Sacramento County

Unintended consequence: This individual is now seriously motivated to complete his ab card in order to spread the cost of the citation over as many snails as possible. Of course, now he knows to gift the abs to his parents, sisters, nieces, friends etc...

There's a budget crunch people, fines are a great way for the government to raise funds...

Scott

We asked a DFG agent while in Big Sur about transiting MLPA zones with fishing gear and fish on board and the guy we spoke to said it was totally kosher so long as you don't stop and fish.  When I asked about encountering a He said She said situation, thinking that I have no real way to prove that I didn't fish in the MLPA zone, he said that it had to be witnessed BY a DFG agent for them to cite you. 

Guess its not really the same situation, but I'd like to think that the same reasoning applies. 

I'd think that if your spearing, you wont accidentally spear a salmon or steelhead would you?   Or is it harder to tell what your shooting underwater than I think?  I know nothing of spearing...

I'm bringing my steel and not giving it a second thought.  I've dove out of every creek mouth in Mendocino county and been checked by wardens at least a dozen times without even a mention of that- including Albion.  Jeez, Little River at Van Damme (steel slinging headquarters of the north coast) is a significant coho and steelhead stream.  They could hand out a hundred tickets a day there.

It's not something to put on your worry list. Believe me.

Just because I'm obsessive, i emailed a CDFG Warden friend who is also a spearfisher about this question.  Here's the response:

Dave,
We enforce the spirit of the law on this one.  The gun should not have bands cocked and should be stored on the kayak until you are clear of the river and river mouth.

Eric