Hawaiian kage spear gaff revisted

[Zed]

Originally Posted by alanw

There's no videos probably because it's illegal for everything in California except:

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 Pacific halibut as specified in Section 28.20.

Answer: The kage would not be considered a gaff and thus not be legal to use as a gaff from a kayak. A gaff is defined as “… 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” (California Code of Regulations Title 14, section 28.65(d)).

A kage would be considered spearfishing gear and subject to the diving and spearfishing regulations (CCR Title 14, section 28.90). Under these regulations, you would be required to be floating or swimming in the water to use this device to take fin fish, other than those listed in this section.

It can also be considered a spear or harpoon, in which case (under CCR Title 14, section 28.95) if you were not in the water but on a kayak, boat or on the shoreline, it can only be used to take skates, rays and sharks (except white sharks). And the device can’t even be possessed on a boat when swordfish or marlin have been taken.

Per:
Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.