Spear Fishing and Section 28.90 of the Regulations

July 2, 2009

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.

I'm not a fan of this rule.

 

Sincerely,

Jim