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A gaff is illegal to possess on inland waters?

 
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C-Hawk



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PostPosted: Fri May 15, 2009 11:10 am    Post subject: A gaff is illegal to possess on inland waters? Reply with quote

I recieve email articals from California DFG periodically, here's one I recieved today-

CDFG California Outdoors Q&As:

Question: We mainly fish near shore in the North-Central designated
waters, but also fish in the San Francisco Bay and Delta areas. Can you
please let me know when, where and under what circumstances a gaff can
and cannot be used to boat our fish? Thank you. (Mike S.)

Answer: Gaff hooks cannot be used in the landing of any finfish shorter
than their minimum size limit (Section 28.65 [d]). Remember that
you?re required to have a landing net aboard when fishing from a boat
or other floating device to assist in landing any fish that may be
smaller than the minimum size limit for that species. These nets must be
on the boat or immediately available and have an opening size of not
less than 18 inches in diameter.

In inland waters you may not use or even possess a gaff while on the
water or within 100 yards of any river, stream, lake or reservoir
(Section 2.09), except under certain conditions on the Sacramento River
(see Section 2.06).

(For the purpose of this section, a gaff hook 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.)

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C-Hawk



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PostPosted: Fri May 15, 2009 11:12 am    Post subject: Reply with quote

WOW--- I alway keep the gaff on my boat-- I don't use on inlands waters though. I use the net for fresh water fish and salmon.
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Captains Cat



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PostPosted: Fri May 15, 2009 12:12 pm    Post subject: Reply with quote

"a manner that the fish does not take the hook voluntarily in its
mouth"


Now if we could figure out how to get to take them involuntarily, we'd have a real fish catching method!

Charlie Laughing

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dotnmarty



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PostPosted: Fri May 15, 2009 12:52 pm    Post subject: Re: A gaff is illegal to possess on inland waters? Reply with quote

" Gaff hooks cannot be used in the landing of any finfish shorter
than their minimum size limit"

It doesn't say you can't carry it, and it doesn't say you cant use it on legal fish. What am I missing here?

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starcrafttom



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PostPosted: Fri May 15, 2009 2:42 pm    Post subject: Reply with quote

marty read the second paragraph to see what your missing.

Quote:
In inland waters you may not use or even possess a gaff while on the
water or within 100 yards of any river, stream, lake or reservoir
(Section 2.09), except under certain conditions on the Sacramento River
(see Section 2.06).

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C-Hawk



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PostPosted: Fri May 15, 2009 2:42 pm    Post subject: Reply with quote

"In inland waters you may not use or even possess a gaff while on the
water or within 100 yards of any river, stream, lake or reservoir
(Section 2.09), except under certain conditions on the Sacramento River
(see Section 2.06). "

That says you can't carry one.
Ya gotta be a Phily Lawyer to do anything these days--- Hey Pat, ya want to follow us fisherpeople around to make sure we know what we can or cannot do? Wink
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dotnmarty



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PostPosted: Fri May 15, 2009 2:49 pm    Post subject: Reply with quote

See! It's just too complicated for me. I'm stickin' to the Tulalip Bubble.
MartyP
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Captains Cat



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PostPosted: Fri May 15, 2009 3:04 pm    Post subject: Reply with quote

I love the way the way they write laws/regulations. By the "letter" of this one, even if you have one at home in the garage, you're guilty of "posessing" one. It doesn't specify that it has to be in the boat! Shocked

Charlie
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starcrafttom



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PostPosted: Fri May 15, 2009 3:28 pm    Post subject: Reply with quote

marty call me when the bubble starts. I never catch fish there. we can take my boat if you show me how to hook up out there.
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dotnmarty



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PostPosted: Fri May 15, 2009 4:35 pm    Post subject: Reply with quote

Tom- I never catch fish out there either. I just wait until I see lots of guys trolling around there. Then I pick up the pole with the big shiny thing and the barbless hooks and I go out there and bounce it off the bottom. I do fish for salmon, I just don't catch any unless it's on Dwight's boat. I think it's open Friday to Monday noon starting June 5. But, I probably read that wrong too.
MartyP
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starcrafttom



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PostPosted: Fri May 15, 2009 6:43 pm    Post subject: Reply with quote

I will check the regs to make sure you are not leading me astray. Laughing
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thataway



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PostPosted: Fri May 15, 2009 8:21 pm    Post subject: Reply with quote

Thanks for the heads up. We don't carry a net on the C Dory, but do carry a short gaff!
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Sea Angel



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PostPosted: Sat May 16, 2009 4:54 pm    Post subject: Reply with quote

I don't fish, except at the market. I'm confused...

Is this a CA state or NW area state law, or is it federal?

I carry a small net and hook to pickup debris from the Ches. Bay
area waters. I have not seen anything in the VA state regs....

Art

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Sea Wolf



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PostPosted: Sat May 16, 2009 5:48 pm    Post subject: Reply with quote

I think the intent of the regulation is pretty simple:

They don't want fishermen using gaffs on undersized or oversized fish and killing them when they simply have to be released anyway.

I'm sure the argument goes that any fish that can be caught inland is small enough to be handled with a net, unless it an obviously oversized sturgeon, which should also not be gaffed, since it must be released as well.

Thus no gaffs are allowed on board, as some would use them anyway, and in the process kill a fish and release it to die.

Of course, fishing for sharks and some other salt water fish, both in the ocean and in some bays, can be a different matter.

Truthfully, I've kept a gaff on board for the last ten years, secured between the port fuel tank and the hull wall, and covered with a couple of extra fenders. I've never used it on a fish, but find it useful to pick up driftwood, debris, and clear lines from tree branches and stumps in the water. I've been stopped for courtesy examinations several times, and so far no reprimands given.

Joe. Teeth Thumbs Up

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C-Hawk



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PostPosted: Sun May 17, 2009 9:20 pm    Post subject: Reply with quote

Sea Angel wrote:
I don't fish, except at the market. I'm confused...

Is this a CA state or NW area state law, or is it federal?

I carry a small net and hook to pickup debris from the Ches. Bay
area waters. I have not seen anything in the VA state regs....

Art


Art-- Since the artical is from California DFG--- it applies to California only, other states may have similar requirements--- or not.

Roger
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