Are DOTY using a kayak breaking the law and cheating on DOTY?.it looks like it.

I just received an update e mail from CA Fish and Game
and this question was asked.

based on this info, all the rock fish being reported to DOTY that was speared by a person who used a kayak to get to fishing grounds broke the law so those fish should not qualify for DOTY.
am I right?


California Outdoors Q&A: How to Get to Shore when Boat Fishing is Closed?

 

party boat fishing
CDFW photo by E. Roberts
 
Question: I'm aware that during the non-boat rockfish season (i.e., winter/spring), anglers are required to either fish from shore or spearfish for these species. My question is in regard to whether using a boat to access an on-shore fishing spot is acceptable. Specifically, can I use my boat or kayak to reach a good shore fishing location, fish from shore and catch my fish, then get back in the boat for the ride home? I wouldn't be fishing from the boat, but instead using it to transport me to my shore fishing location. Thanks for your help. (Rick R.)
 
Answer: No, I'm afraid you will need to strap on your hiking boots and walk in to your favorite fishing spots along the coast during the boat-based fishing closures. Arriving by boat would not be legal as each of the groundfish management areas have a specific section stating, "No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision." Depending upon which groundfish management area you plan to fish in (Northern [27.25], Mendocino [27.30], San Francisco [27.35], Central [27.40] or Southern [27.45]), this regulation can be found under subsection (c)(3).     

I could be completely wrong, but I think this only applies to this guy's question of using a vessel to reach another area, fish from shore (I'm assuming with hook & line), then transport everything back to his initial launch.  From my understanding, this has always been illegal. 

I believe divers are good as long as they only have spearfishing gear and no rod/reels. 

LMFAO!!!! You had to go there didn't you Luis.

Doh! I got caught!!!

 

Big dummy.

 

(3) When angling from shore (includes beaches, banks, piers, jetties, breakwaters, docks, and other
man-made structures connected to the shore), all species may be taken or possessed year-round. No
vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these
species while angling from shore under this provision.
(4) When diving or spearfishing, as authorized in Section 28.90, all species may be taken or possessed
year-round. Except for spearfishing gear, all other types of fishing gear are prohibited to be
aboard the vessel or watercraft (motorized or non-motorized) while spearfishing for the purpose of
taking or possessing these species under this provision.

 

You can spearfish year round...whether you jump in from shore, from a motorized boat, or from a kayak...

The DFW answer pertains to using a boat/kayak to engage in fishing (with hook and line) from shore...not spearfishing.

 

Sincerely,

Jim

(3) When angling from shore (includes beaches, banks, piers, jetties, breakwaters, docks, and other
man-made structures connected to the shore), all species may be taken or possessed year-round. No
vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these
species while angling from shore under this provision.
(4) When diving or spearfishing, as authorized in Section 28.90, all species may be taken or possessed
year-round. Except for spearfishing gear, all other types of fishing gear are prohibited to be
aboard the vessel or watercraft (motorized or non-motorized) while spearfishing for the purpose of
taking or possessing these species under this provision.

 

 

 

Sincerely,

Jim

I believe the law changed a few years ago in the divers favor and spearfishing is OK year around from shore/yak/boat.

Divers, Shore-based Anglers2:
Open year-round

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.

2.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.

So if you bring a rod out spearfishing during the closed seasons for any reason, then you would be in trouble?  What if I wanted to fish for perch after shooting a few perch? 

fuck it, maybe I will assume that e mail went to spam.

where are those guys that know all the rules now, you have some homework.

thanks for making it clear, that e mail was confusing.

  ... I like Big Jims Response!! BIG DUMMIE!

Yes, it is illegal to use a boat/kayak to reach areas that would otherwise be inaccessible--for the purpose of hook & line fishing (for species that are closed to boat-based fishing). Because you're basically utilizing the boat/kayak as a means to harvest said fish via hook & line.
But in the case of spearfishing, it is legal to harvest rockfish (for example) year-round; from shore or boat/kayak.


[side note: it IS legal to physically swim out to such an area and fish hook & line for species that are closed to boat-based fishing]

So if you can swim out and fish from a remote shore location.  How about just floating along in my PFD and fishing?