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View Full Version : Bringing fish through a protected area


MajorJohnson
08-25-2009, 09:55 PM
Does anybody have any knowldege/experience regarding how laws are enforced regarding bringing a legally speared fish through a protected area?

For example: If I read the maps correctly there seems to be a protected area extending 1,000 ft from the beach about to the end of the Scripps Pier in La Jolla. If I swim out 1,100 feet, drop down, shoot fish, and swim ashore, I will be emerging from the water in a protected area with speared fish. Will I be hassled by law enforcement who incorrectly assume I must have taken the fish in the protected area? where is the burden of proof. Do they have to prove the shot was within 1,000 ft of shore or do I have to prove it was outside the protected area?

spearthebigones
08-26-2009, 12:52 AM
There are laws allowing the transit of legally caught fish through certain reserves as long as your gear is stowed away and not deployed in the water.

However if law enforcement catches you swimming through a protected zone with your speargun and a fish that is protected in that zone then expect to get more hassled. Expect to get a ticket when caught by a dfg officer.

rojodiablo
08-26-2009, 10:39 AM
Daniel is pretty spot on with this regard. If you have gear deployed, which will mean a speargun loaded, or IMO any polespear inside the SMR's, you will be getting a ticket. When you transit, best bet is to be sure the fishing rods are in holders with the hooks secured, and spearguns need to be unloaded. Since you have NO POSSIBLE way to pass through an SMR when shore diving, you have no option but to go through, with your gear unloaded. The law states you can transit through, and believe me, this is a gray area that is going to be visited, and often.