Fish and Game Regulations Rods and Tanks don't mix?

[endorfin]

Just talked to a dive buddy that took his boat to Santa Cruz Isle. He was spending the day diving and fishing. He was boarded by Fish and Game who was doing the usual fish check and they spotted his dive gear, they informed him that you could no longer have fishing gear on a boat with dive gear. I looked on the FG site but can't find anthing on this subject. Can anyone confirm this?

This seems crazy, when I go to the island I try to make a 2 day trip to justify spending $$$ on gas. But now a private boater can't fish for any part of a trip because he has a tank on board??

 

[BrianS]

I'd try calling them and asking why, you could always leave one or the other in a car and come back in to switch.

 

[saintsfan]

I was checked at two harbors two weeks ago and wasnt told anything about it, I always leave 2-5 rods on the boat at all times. as far as going back to get the rods I could just pay the ticket for as much as fuel costs to get over there.

 

[FishcopR131]

I'd check the regs for the area you were in. The rule may be specific to the area and not a State rule. I haven't heard anything on that being a State Reg, but I'll check on it for you. I'm a part-time Florida FWC officer.

"Press hard, 5 copies!"

 

[ghrousseau]

There are depth and season restrictions for the taking of rockcod or rockfish species. Scuba divers do not have the same depth restrictions and seasons are different for different fish.

I think this may be what the Warden was speaking of. I don't think the regulations specifically discuss it, so you may have to contact the regional DFG office.

 

[endorfin]

Yeah, I was pretty surprised to hear this, I've been boarded twice at Catalina since October with dive gear and fishing gear onboard and FG hasn't said a word about this. - YET! Fish and Game officers can makes mistakes like any agency, so I am hoping the officer that boarded my friends boat was making a mistake.

 

[endorfin]

here's more from the guys that got the warning:

the warden gave us the Game regs (regular ones) and said it is detailed there

my guess through conversation with the warden is that there is different
limits for certain fish with a spear vs a rod (maybe people are catching
scallops on their rods? they are vicious)

this rule has been in effect up North for a while now he said

I'll need to read the rules, Rob and I started but the same guy who wrote
the tax code must of wrote the fish and game rules, it makes little sense
and you have to read each line several times, and you still are confused.

 

[Peter McGuinness]

here's more from the guys that got the warning:

the warden gave us the Game regs (regular ones) and said it is detailed there

my guess through conversation with the warden is that there is different
limits for certain fish with a spear vs a rod (maybe people are catching
scallops on their rods? they are vicious)

this rule has been in effect up North for a while now he said

I'll need to read the rules, Rob and I started but the same guy who wrote
the tax code must of wrote the fish and game rules, it makes little sense
and you have to read each line several times, and you still are confused.

well, if this is the rule you mean, it seems pretty clear and simple.

28.90. Diving, Spearfishing. 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, striped bass or broadbill, except that: (a) No 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 or associated species as authorized under authority of Section 27.82(c)(4), 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 non-motorized watercraft.

So it is not the Scuba gear at issue, but whether or not you are also carrying a spear (or speargun). Also, it specifies that the rule only applies when fishing at that time or in that place is prohibited using a rod and line.
The intention is obvious: DFG does not want to catch some deadhead who has been fishing for prohibited species, only to have him point to his spearfishing gear and claim that was how he came by the catch.

From your initial report, it sounds like the DFG warden who spoke to you needs a little more precise education in the regs he is trying to enforce (not an uncommon occurrence, as anyone who has tried to get a pony bottle past a TSA checkpoint will testify).

Peter