fishing regulations: multiple lines and rockfish

Suppose I'm fishing for, say, white seabass, with multiple lines deployed. I catch a rockfish. I keep the rockfish and from then on, I only fish one line. Is this legal?

I've seen several posts here with people insisting that this is illegal and/or unethical. So, I called the DFG office in Monterey this morning to ask about the legal aspects, and here's the response I got:

You can use multiple rods to fish for, say, white seabass, until you actually possess a rockfish, at which point you need to go to a single rod. The only other issue is that your multiple lines all need to meet the rockfish requirements (e.g., no more than 2 hooks per line).

Case closed, if you ask me. But, if you still don't buy it, let's take a look at the regulations. I believe this is the only relevant rule, wrt rockfish that would give you pause:

28.55(d) Method of take: When angling, gear is restricted to not more than two hooks and one line. For purposes of this section, a hook is a single hook, or a double or treble hook with multiple points connected to a common shank.

So, we need to consider the definition of "angling". Again, from the official regulations:

1.05. ANGLING. To take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure in its mouth.

OK, we're almost there... It now boils down to the definition of "take" in the definition of angling. Does "take", in this context, mean "catch" or does it mean "possess"?

What if "take" really does means "catch", that is, once you catch a fish, you've "taken" it, even if you release it?  Suppose I'm fishing for WSB and I'm not using a circle hook. I hook a salmon, and I release it. Then I've broken the law. Or, suppose that I'm fishing for kingfish in January, and I accidentally hook (and release) a rockfish. Then I've also broken the law. This cannot be the correct interpretation. So it seems to me that "take" must mean "possess".

I'm sure this is more than any sane person wants to know. But, I try to follow the rules, and this is a bit subtle, so I want to be sure I got it right.

This is the kinda thread we need in Jan when we can't fish for squat....Not now with red hot WSB going on. Go fish! hahaah but i think take is posses....if you  wanna fish two lines just toss back the RF

There are some of the guys that openly fish 2 rods in NCKA rock fish tournaments till they keep their first rock fish, not their first caught rock fish. I was surprised when I first saw this. I suppose if they are legal they are also ethical.

It does get a little tricky when you are fishing a method that is legal for one thing and illegal for another, and then you catch a non-target species.  As long as you are fishing in a method that is legal, for the fish in your icechest you are all good.  Back to your very first point: If I had multiple lines out, and caught a rockfish... I may keep it if I planned on switching to rockfish anyway... but I wouldn't do it if DFG was watching.  Even if I planned on pulling my other lines right away.  I'm pretty sure they would deem the method of take for that particular fish illegal, regardless of your future intentions. 

the way i interpet the rule, is, if you retain a rock fish while you have two lines in the water, you are in violation of the rule, catch and release all by-catch and you are good, but soon as you want to retain rockfish, you must first reel in your second line, before you have a fish on the first, i was approached by a dfg boat a few years ago off of the fort, they tried to get me for a two line violation, but the second rod in the water was actually my descender, sending back a canary, they huffed and hawed, but left when couldnt call the descender a hook, and since i was properly returning an illegal fish, they left me with a warning to not have a line in the water when descending fish, cameron

OK that is lame....You are sending a fish down in all likely hood using a descender that DFG gave you! 

OK that is lame....You are sending a fish down in all likely hood using a descender that DFG gave you! 

It is lame... I get that they checked you of course... but when they saw you doing a good thing they should have thanked you, not pissed and moaned. 

That is nuts Cameron. Bored wardens I suspect. Geez, have they seen what a party boat does?

I was checked at the beginning of the season last year, off of a pretty remote launch where I had never seen DFG before. They were straight up cool though, knew about the ribbon MLPA nearby, and even complimented me on my fish! I had 2 rods but was only fishing 1, and they didn't mention it.  So they aren't all jerks.

It turns out all this time I have misinterpreted the regs on the whole "multiple line" issue. BUT I did release a salmon I caught on a swimbait this year so I'm going to figure my karma is OK.
I sure wish they would simplify some of the regs and keep them the same long enough for us "good guys" to memorize them.

the way i interpet the rule, is, if you retain a rock fish while you have two lines in the water, you are in violation of the rule, catch and release all by-catch and you are good, but soon as you want to retain rockfish, you must first reel in your second line, before you have a fish on the first

Yes. 

I can't believe people are fishing multiple rods in rockfish tournaments!   

they were actually pretty professional, and it was during a salmon closure year, so i just brushed it off, have had some really great contact with wardens over the years(CA,OR,CO,WY), if you arent a d@#k, they are very nice and informative, but you take a better than thou attitude, all hell will reign down on you, cameron

OK that is lame....You are sending a fish down in all likely hood using a descender that DFG gave you! 

actually it came from O2B, the first time i met him off the sonoma coast in 90ft of water

if you arent a d@#k, they are very nice and informative, but you take a better than thou attitude, all hell will reign down on you,

This has been my experience as well.

I sure wish they would simplify some of the regs and keep them the same long enough for us "good guys" to memorize them.

I'm new to saltwater fishing, and I can't believe how complex the regulations are. I feel like I need a lawyer and ichthyologist in the boat with me (of course, I'd use the lawyer for GWS bait, but that's another story...). There's a lot to be said for simplification.

they were actually pretty professional, and it was during a salmon closure year, so i just brushed it off, have had some really great contact with wardens over the years(CA,OR,CO,WY), if you arent a d@#k, they are very nice and informative, but you take a better than thou attitude, all hell will reign down on you, cameron

OK that is lame....You are sending a fish down in all likely hood using a descender that DFG gave you! 

actually it came from O2B, the first time i met him off the sonoma coast in 90ft of water

oh if it came for Allen then DFG could smell the "cheating and lies" on it! 

This rule is pretty basic:  if you fish with multiple lines in the water you can ONLY keep fish that it's legal to fish multiple lines with.  It's not UNTIL you catch another species and THEN pull up your other lines.  It's DO NOT EVER keep a one-line fish if you have more than one line in the water when you catch it.

I'm not new to saltwater fishing, and maybe if you are and you think you got the OK from DFG on this then you need to question whether you properly explained the situation to someone who is actually an authority on it.

If I saw someone fishing multiple lines and keeping one-line fish in my tournament I'd DQ them on the spot.  Not trying to be a D#$k, just trying to be clear that this is a big no no.   

This rule is pretty basic:  if you fish with multiple lines in the water you can ONLY keep fish that it's legal to fish multiple lines with.  It's not UNTIL you catch another species and THEN pull up your other lines.  It's DO NOT EVER keep a one-line fish if you have more than one line in the water when you catch it.

I'm not new to saltwater fishing, and maybe if you are and you think you got the OK from DFG on this then you need to question whether you properly explained the situation to someone who is actually an authority on it.

If I saw someone fishing multiple lines and keeping one-line fish in my tournament I'd DQ them on the spot.  Not trying to be a D#$k, just trying to be clear that this is a big no no.   

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