After getting in contact with the CADFG it is compleatly legal to use a fishing pole underwater in the state of California where spearfishing is allowed. Here is the E-mail reply that I receved from DFG:
Josh: Lt. Liz Schwall asked me to respond to your recent inquiry regarding legal fishing methods.
The use of SCUBA in freshwater is included in the definition of "Spearfishing" on page 9 of the current Freshwater Sport Fishing Regulation Booklet: 1.76. Spearfishing. The taking of fish by spear or hand by persons who are in the water and may be using underwater goggles, face plates, breathing tubes, SCUBA or other artificial underwater breathing device.
And, on page 12 under the heading of "Fishing Methods and Gear Restrictions", see section 2.30. Spearfishing. Spearfishing is permitted only in:
(a) The Colorado River District for carp, tilapia, goldfish and mullet, all year.
(b) The Valley District for carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pike minnow and lamprey, from May 1 through September 15, except that no spearfishing is permitted in:
(1) Shasta and Tehama counties (see Section 2.12).
(2) Butte Creek (Butte Co.).
(3) Feather River below Oroville Dam (Butte Co.).
(4) Designated salmon spawning areas.
(c) The Kern River from the Kern-Tulare county line upstream to the Johnsondale Bridge for carp, goldfish, western sucker, hardhead and Sacramento pike minnow, from May 1 through September 15.
(d) See bullfrogs (Section 5.05).
In the Ocean Sport Fishing Regulations the use of "spear fishing" is more widely allowed, on page 34 see: section 28.65. General. Except as provided in this article, fin fish may be taken only on hook and line or by hand. Any number of hooks and lines may be used in all ocean waters and bays except:
(a) San Francisco and San Pablo bays between the Golden Gate Bridge and the west Carquinez Bridge, where only one line with not more than three hooks may be used.
(b) On public piers, no person shall use more than two rods and lines, two hand lines, or two nets, traps or other appliances used to take crabs.
(c) When rockfish (genus Sebastes) or lingcod (Ophiodon elongatus) are aboard or in possession, where only one line with not more than two hooks may be used pursuant to Sections 28.55 or 28.27, respectively.
(d) No gaff hook shall be used to take or assist in landing any finfish shorter than the minimum size limit. For the purpose of this section a gaff hook is 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. No person shall take finfish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter.
(e) North of Point Conception (34°27'00" N. lat.), where only one rod and line may be used by each angler fishing for salmon, or fishing from any boat or floating device with salmon on board.
(f) Mousetrap gear prohibited: It is unlawful to use, assist in using, or to possess aboard any vessel, hook-and-line gear commonly termed "mouse traps" constructed of a hook(s) or lure(s), attached to one end of a line that is attached to a fl oat, or fl oats at the other end, and that when fi shed, is not attached directly to a person or vessel. Possession of such gear aboard a vessel shall be prima facie evidence that the gear is being used in violation of this regulation.
(g) North of Point Conception to Horse Mountain, Section 27.80(a)(3) applies to each angler fishing for salmon or fishing from any boat or floating device with salmon on board.
And, on page 35 see section 28.90. Diving, Spearfishing. Persons who are floating or swimming in the water may use spearfi shing gear and skin or SCUBA diving equipment to take fi n fi sh other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, striped bass or broadbill, except that:
(a) 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 spearfi shing for or in possession of federal groundfi sh 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 fi shing gear except spearfi shing gear may be aboard the vessel or non-motorized watercraft.
Therefore, in accordance with these regulations you could use a fishing pole while "spear fishing".
You may contact me if you have additional questions regarding Fish and Game laws and regulations in CA.
Phil Nelms
Enforcement Branch
PNelms@dfg.ca.gov
