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Topic: Regulations: Net required?  (Read 2574 times)

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crash

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Since gaffing is core to this thread I'll ask:  Can one use a kage (Hawaiian kill spear) for the gaff?


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Not according to Carrie Wilson's DFW Q&A column, with the exception of Pacific halibut.

Is there any logic behind this reg? If you're going to gaff a fish what difference could it possibly make whether it's curved or straight?

I don't think logic is necessarily a requirement when making regulations. It certainly doesn't seem like it.

If you search kage and harpoon here it's been discussed before.

Read 28.65 and 28.95 of the regs. If a kage is a gaff, you can use it on ocean and bay waters for everything but sturgeon. If it is a harpoon, you can't except for sharks rays skates and to assist in landing pax Hali.

My personal belief is that harpoons in the regs context has always envisioned a deck mounted harpoon used to target whales, billfish, and sharks, and NOT the handheld straight gaffs we use to assist in landing fish and that we call kages and Hali-poons.

It makes absolutely zero sense that flying gaffs are allowed but straight gaffs are not, and I am not at all certain that Carrie Wilson is correct. But don't be surprised to get a ticket if you do use a kage on something other than the harpoon allowed species.

But yeah, if correct this reg is dumb.
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Tote

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This meets the legal definition of a net, is functional, and can be easily stowed in the hatch.
A net, some plastic coated cable, a few crimps, a small section of pool noodle and a little electrical tape.
I keep it in a stuff sack.

<=>


charles

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Charles


Scurvy

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This meets the legal definition of a net, is functional, and can be easily stowed in the hatch.
A net, some plastic coated cable, a few crimps, a small section of pool noodle and a little electrical tape.
I keep it in a stuff sack.

Ya know, this could be an interesting starting point for a beneficial aid:  Instead of going small w/ this collapsible floating net, why not go big w/ the floating, tethered net, as in something like 40"?  That would be a big, deep net that the incoming Hali wouldn't easily jump out of or over.


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johnz

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This meets the legal definition of a net, is functional, and can be easily stowed in the hatch.
A net, some plastic coated cable, a few crimps, a small section of pool noodle and a little electrical tape.
I keep it in a stuff sack.

Ya know, this could be an interesting starting point for a beneficial aid:  Instead of going small w/ this collapsible floating net, why not go big w/ the floating, tethered net, as in something like 40"?  That would be a big, deep net that the incoming Hali wouldn't easily jump out of or over.


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Why ever net a halibut?   If they are questionable, shake them.  If not gaff them.  Halibut HATE nets. 


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If you need it, Tote has a working prototype!
Live your life, the way you want to be remembered. Don't have any regrets, we only get this one dance to make it count. Start at your eulogy, and work backwards.


Tote

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If you need it, Tote has a working prototype!

THIS^^^^^^^^^^^^   :smt044 :smt044 :smt044 :smt044 :smt044 :smt044 :smt044

Those that are in the know...know.
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scooter

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While we are once again on the subject of gaffs, nets and harpoons

General definition of bow and arrow tackle
1.23. BOW AND ARROW FISHING TACKLE. Such tackle must have the arrow shaft or the point, or both, attached by a line to the bow or to a  shing reel (includes crossbow).


Gear Restrictions
28.95. SPEARS, HARPOONS AND BOW AND ARROW FISHING TACKLE. Spears, harpoons and bow and arrow  fishing tackle may be used for taking all varieties of skates, rays, and sharks, except white sharks. Harpoons may be used to assist in taking Paci c halibut as speci ed in Section 28.20. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip when broadbill sword sh or marlin have been taken. Bow and arrow  fishing tackle may be used to take finfishsh other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, broadbill sword sh and white shark.



So in light of these regulations regarding bow and arrow tackle, could it be used to assist in the landing of a fish already hooked by angling gear? Both are legal methods of take at the same time. Your arrow must be hooked to a line to a bow or reel.


Pacific

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One of those round foldable dashboard covers with a net in it.


rockfish

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but a folding net for $50 and save yourself a fine, or pull a 'Tote' and make a kayak net from cable, floats and an old net bag to stow in the center hatch...
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Rider

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Here's my 2€

I called and asked DFW this exact question and the answer was that every vessel has to have its own net. So each individual kayak has to have its own net. Me personally I wouldn't even chance it.
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Scurvy

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Here's my 2€

I called and asked DFW this exact question and the answer was that every vessel has to have its own net. So each individual kayak has to have its own net. Me personally I wouldn't even chance it.

That's simple enough.  ....And a big 'F'ing powder activated, bow-mounted, rusty-edged, 8' long, blue whale killin' HARPOON for good measure!  ;-).  Never mind if it sinks the boat.


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AlsHobieOutback

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Here, read it for yourself.  Found in section 28.65. of the ocean regs

(d) No gaff hook shall be used to take or assist in landing any finfish shorter than the minimum
size limit. For the purpose of this section a gaff hook is any hook with or without a handle used to
assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily
in its mouth. No person shall take finfish from any boat or other floating device in ocean waters
without having a landing net in possession or available for immediate use to assist in landing undersize
fish
of species having minimum size limits; the opening of any such landing net shall be not less
than eighteen inches in diameter.
I carry my own,

My take on this is if you not landing "undersize finfish" then you don't have to have a net.

No person shall take finfish from any boat or other floating device in ocean waters
without having a landing net in possession or available for immediate use

Note it says take finfish, not undersize finfish. If you are taking finfish you need the net. You may be able to release all undersize finfish you catch without a gaff or a net. The reg says you still have to have a net in possession or available for immediate use.

What about the following phrase: "net in possession or available for immediate use to assist in landing undersize
fish
of species having minimum size limits"?
But, you are forgetting the definition of "take":


1.80. TAKE. Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans
or invertebrates or attempting to do so.

So how does this regulation read if you replace take with the definition:

(d) No gaff hook shall be used to take Hunt, pursue, catch, capture or kill fish or assist in landing any finfish shorter than the minimum
size limit. For the purpose of this section a gaff hook is any hook with or without a handle used to
assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily
in its mouth. No person shall take Hunt, pursue, catch, capture or kill fishfinfish from any boat or other floating device in ocean waters
without having a landing net in possession or available for immediate use to assist in landing undersize
fish
of species having minimum size limits; the opening of any such landing net shall be not less
than eighteen inches in diameter.
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Sailfish

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I always carry a net while kayak fishing, just trying to "understand" the "unclear" wording from the "complicated" regulation!  :smt013
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crash

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I always carry a net while kayak fishing, just trying to "understand" the "unclear" wording from the "complicated" regulation!  :smt013

The part that makes it unclear is including the justification for the regulation " to assist in landing undersize
fish of species having minimum size limits".  If those words are removed, the reg is crystal clear.

It's a lot like adding the "well-regulated militia" language in the 2d amendment to the US constitution.  Adding the purpose for the law in the language of the law itself just leads to confusion and it is best left out.
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