Kayak vs. boat based angler

When an area is closed to boat based angling, yet angling from shore or spearfishing is allowed, can I legally spearfish that area from a kayak?
I used to know the answer, but I'm getting forgetful and the dfg website just pisses me off.
Please no guesses.
If you know for sure, pass it on.
Thanks.

I think so Tote. I don't believe there are any restrictions to using a boat to spearfish.

But I'm not a diver so will be curious to see what other people say.

-Eliot

I do not have the exact section but went over it with a warden a few years back.  Rock fishing closed to boats.  Nathan was diving and spearing off the yak.  I was perch fishing.  We were both fine as long as he did not put any fish on my yak.

http://www.dfg.ca.gov/marine/bfregs2012.asp#sf

This seems to say that during the shore or diver only season, you can spearfish from a boat, but may not have fishing gear aboard.  HOWEVER, that's just the way I read it.

2. Divers and shore-based anglers are exempt from season and depth restrictions affecting the RCG complex and other federally managed groundfish. However, when spear fishing during a boat-based closure, only spear fishing gear is allowed aboard any vessel or watercraft. Also, when angling from shore during a boat-based closure, no vessel or watercraft may be used to assist in taking or possessing species included in this table. The following definitions describe boat-based and shore-based anglers, and divers:
 Boat-based anglers are fishermen angling from boats or vessels of any size or any other type of floating object, including kayaks and float tubes.
Shore-based anglers are fishermen angling from beaches, banks, piers, jetties, breakwaters, docks and other manmade structures connected to the shore.
Divers are spear fishermen entering the water either from the shore or from a boat or other floating object.


I think this changed a few years ago when shore-based applied to divers too, the change was that now shore-based applies to hook and line but a diver is always a diver no matter how he gets into the water.

No, you cannot spearfish from a kayak.  You can however use a kayak to get to and from your spearfishing destination/s.   

That is my reading of the appropriate DFG regs.

By the way, DFG is undergoing network updates/changes for the next week, which might interfere with the DFG website.

No, you cannot spearfish from a kayak.  You can however use a kayak to get to and from your spearfishing destination/s.   

That is my reading of the appropriate DFG regs.

By the way, DFG is undergoing network updates/changes for the next week, which might interfere with the DFG website.

What he said. The regs say you can dive from a boat/"floating object", but I wouldn't try to test shooting a fish while sitting on top of a boat. And like was said before- no standard fishing gear is allowed on the boat at all if you've got a 'closed to boat fishing' species on board.

27.25(C)(4), 27.30(C)(4), 27.35(C)(4), 27.40(C)(4) and 27.45(C)(4) specifically allow spearfishing year round in each groundfish management area and each section mentions spearfishing from a vessel as being ok as long as no other fishing gear is aboard.

And yeah 28.90 defines spearfishing as spearing while floating or diving in the water. So you would be breaking the rules to be spearing fish from your kayak during the boat angling season closure. Were the season open however you would fall into 28.95 Spears, Harpoons, and Bow and Arrow Fishing Tackle and you would be within your rights to shoot your speargun wildly into the water.

You might have some angry divers on your hands though

So as I understand things, I can kayak to my spot, anchor or tie off to kelp, jump in the water and blast away.
Even though I said in my question 'spearfish from a kayak' I didn't literally mean it. I meant use it to anchor and get in the water and spearfish. Guess I better mind my p's and q's when dealing with the letter of the law.

So as I understand things, I can kayak to my spot, anchor or tie off to kelp, jump in the water and blast away.

Right-o, just make sure no H&L gear on board.

Shoot em up all year long buddy.

If the viz ain't good up there, come down here.

I know a few areas that might have some fish.

 

 

Sincerely,

Jim

Tote, where are you talking about?

If it's Richardson's Ranch MLPA, I'd be cautious.

Aka: Stewart's point SMCA

Permitted/Prohibited Uses: Take of all living marine resources is prohibited except the following may be taken recreationally from shore only: marine aquatic plants other than sea palm, marine invertebrates, finfish by hook and line, surf smelt by beach net, and species authorized in Section 28.80 of these regulations by handheld dip net.

There is no shore access, unless you trespass, know the land owner or can swim like Fuzz, Rick or Big Jim.

There is also an issue with land ownership.  It was a ranchero not a typical US land patent so my understanding is that the property owner actually owns into he water, not the mean high tide which is typical.

With all that said, when are we going?

I wonder if Ravensblack knows for sure?

Guess I better mind my p's and q's when dealing with the letter of the law.

I interpret Uniform Building Code for a living, you have no idea.....