Using a speargun instead of a gaff for hitchhiker lings

Lets say that a massive ling decides to hitchhike on one of my lighter weight setups.  Would it be legal to use a speargun instead.  While it may not be as sporting, it would seem to be less risky for a noobie who doesn't want to risk going for a swim.

I can do some research on it and get back to you but I don't think it's legal.

If it's hitching on another lingcod and you're fishing where the limit is one then I'd say no.

Also, having a loaded speargun handy outside of the water while fighting a fish on rod and reel sounds like a disaster waiting to happen.

Try a salmon net.

Thats a great pic.  The hitchhiker has his eyes glued to that hook thinking to himself "now look what Ive done."   

You could use a gaff, which is essentially a speargun without the gun, and with a bent "spear"...

Would it be legal to use a speargun instead?

No.

You have to be IN the water to use a speargun or sling, etc.

You have to be IN the water to use a speargun or sling, etc.

what's the definition of "in the water"? Floating separate from the boat? more than 50% of body is in the water?  what if you dangle your foot in the water.  Is this subject to the "obscenity test", i.e. "I know it when I see it"?

Here is what I've found:

Under CCR Title 14, section 28.95 if you were not in the water but in a kayak, boat or on the shoreline, it can only be used to take skates, rays and sharks (except white sharks).

Here is the link to it...

https://govt.westlaw.com/calregs/Document/I1102D79DEC824BBFBF1CD38F0E8CAE60?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

Just have a big net ready.  No need for a loaded speargun

Here is the link to it...

https://govt.westlaw.com/calregs/Document/I1102D79DEC824BBFBF1CD38F0E8CAE60?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

So is that a yes?

Here is the link to it...

https://govt.westlaw.com/calregs/Document/I1102D79DEC824BBFBF1CD38F0E8CAE60?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

So is that a yes?

No, it's not!

I think it is safer to carry a large net and fish wacker.
I caught several 30" hitchhiker lings using this method.

You can grab this hitchhiker by hand