Posted by Melvin Pasley on July 16, 2004 at 11:11:04:
In Reply to: Into the F&G grey area??? posted by seahunt on July 15, 2004 at 11:51:46:
Per the California Marine Regulations of 2004 the following definitions apply to this discussion and bear looking at:
Chapter 1 page 9 para 1.32 CHUMMING: "Placing any material in the water, other than on a hook while angling, for the purpose of attracting fish to a particular area in order that they may be taken."
Chapter 1 page 9 para 1.05 ANGLING: "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 a manner that the fish voluntarily takes the bail or lure in its mouth.”
Note the CHUMMING definition specifies ANGLING and does not include spear guns or pole spears.
So, strictly speaking (and DFG is always strictly speaking) Placing food in a specific location on the ocean floor and then hunting with a over that spot with a spear gun or spear would not be allowed. Just as placing corn in a field and then waiting for the deer to come is not allowed.
It is basically the principal that with a hook the fish may or may not take it, but with a spear gun and bait, you have a definite advantage and you have eliminated the variable of finding the fish first. In short, just as the use of electronics has taken a lot of the guess work out of commercial fishing which in turn has lead to the dramatic decline in fish populations (the element of chance is essentially gone) this method would practically guarantee a success full hunt. Good for you but bad for the survival of the fish population as a whole. Imagine if all spear fishermen adopted this technique. How long would it be before the fish population severaly damaged?
JMHO.
I am not the expert here, but from what I read, your plan would not be allowed.