Posted by John M. on February 19, 2004 at 14:05:37:
It will come as no great surprise to those of you who spearfish that you've again been left out in the cold... the boon of boat limits is only for fishing with a rod and reel, not for spearfishing.
Below is the answer I received after seeking clarification on this from DFG's General Counsel (attorney):
"Mr. Moore,
Mr. Valentine has asked that I respond to your question regarding the new boat limit that will take effect on March 1, 2004.
As you noted in your question to Mr. Valentine, the boat limit (which is established in California Code of Regulations (CCR), Title 14 section 27.60(e)) will apply to persons who are "angling for finfish." "Angling" is defined in CCR, Title 14 section 1.05 as follows:
"To take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure in its mouth."
Since spearfishing (defined in CCR, Title 14, section 1.76) doesn't involve the use of hook and line with the fish voluntarily taking a bait or lure, it is different than angling. Thus, the boat limit will not apply to spearfishing.
If you have any questions, don't hesitate to call me at (XXXX)
Nathan Goedde"