Can I Pick Up Lobsters While Spearfishing?

February 18, 2010

Question: If I am spear fishing during the day and I see a lobster, can I pick it up or will DFG think I’m using my spear gun when I’m really not? (Robert C.)

Answer: Lobsters may only be taken by hand or in baited hoop nets and it is illegal to use or possess any hooked devices while diving or attempting to dive for crustaceans. Given this, if your spear has floppers on the tip when folded out, it is a hooked device and is illegal. Though you may intend to use your spear only for spearing fish and not as a tool to help persuade a shy lobster to come out of the safety of its cozy cave or crevice, you should do your spear fishing and lobster diving on separate dives. When you do dive for lobsters, don’t forget to carry a measuring gauge, too.

you should do your spear fishing and lobster diving on separate dives.

The response said should and not must.

I've seen this done many times. Is it actually illegal?

you should do your spear fishing and lobster diving on separate dives.

The response said should and not must???

I've seen this done many times. Is it actually illegal?

my guess would be if they see a hole in the lobster they can say you used the spear...

Yeah some of these responses are a little vague.  My spear with flopper is not a hook.  Not heading that way anytime soon so don't really have to worry about it. 

Yeah...um...if a spear with a flopper is a hook, and a hook on a stick is a "gaff", then a harpoon with a a with a flopper tip would be a gaff?

 
SMDH at these regs sometimes.