California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 1 - Fish, Amphibians and Reptiles
Chapter 4 - Ocean Fishing
Article 1 - Ocean and San Francisco Bay District
Fin Fish-Gear Restrictions
Section 28.90 - Diving, Spearfishing

Universal Citation: 14 CA Code of Regs 28.90

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

Persons who are floating or swimming in the water may use spearfishing gear and skin or SCUBA diving equipment to take fin fish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, or broadbill, except that:

(a) 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.

(b) When spearfishing for or in possession of federal groundfish species or all greenlings of the genus Hexagrammos as authorized pursuant to subsection 27.20(b)(1)(D), in an area or during a season closed to the take of these species, no fishing gear except spearfishing gear may be aboard the vessel or watercraft.

1. Amendment of section and NOTE filed 12-27-2004; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2004, No. 53).
2. Amendment of subsection (b) and NOTE filed 1-18-2007; operative 1-18-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
3. Amendment of first paragraph filed 12-27-2012; operative 1-1-2013 pursuant to Government Code section 11343.4 (Register 2012, No. 52).
4. Amendment of subsection (b) and NOTE filed 3-10-2015; operative 3-10-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 11).
5. Change without regulatory effect amending NOTE filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).
6. Amendment of subsection (b) filed 12-30-2022; operative 1-1-2023 pursuant to Government Code section 11343.4(b)(4)(B) (Register 2022, No. 52).

Note: Authority cited: Sections 200, 265 and 8587.1, Fish and Game Code. Reference: Sections 205 and 7071, Fish and Game Code; and 50 CFR Part 660 , Subpart G.

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