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Old 08-30-2017, 01:08 PM   #1
Thumper1
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Join Date: Jul 2015
Posts: 25
CA does finfish mean all finfish

I was looking at the laws for Dana point and it says the take of finfish is allowed but does not say anything about pelagic finfish or coastal pelagic finfish. I'm wondering if it says it's ok to take finfish does this mean ALL finfish or only the ones not included in the two sub categories.
Thanks for the input
Thumper
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Old 08-30-2017, 07:15 PM   #2
andrew37
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Join Date: Feb 2014
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Re: CA does finfish mean all finfish

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Originally Posted by Thumper1 View Post
I was looking at the laws for Dana point and it says the take of finfish is allowed but does not say anything about pelagic finfish or coastal pelagic finfish. I'm wondering if it says it's ok to take finfish does this mean ALL finfish or only the ones not included in the two sub categories.
Thanks for the input
Thumper
The short answer to your question is yes, if it just says "fin fish" you can take all fin fish. DFW just uses the other two subcategories (1) to allow or restrict take in areas where they don't want to allow the take of reef fish (I know some MPAs in North County are that way, and I think Pt. Dume is as well -- don't quote me on that, though), or (2) if there are gear restrictions that apply to a particular subset of fish but not others. I think there's a definitions section in the regs that clarifies that, but I'm not 100% sure.

Also, "coastal pelagic species" includes squid, so that gets a little wonky since squid obviously aren't fin fish.

EDIT: found it -- "1.46. Finfish Defined. Finfish are defined as any species of bony fish or cartilaginous fish (sharks, skates and rays). Finfish do not include amphibians, invertebrates, plants or algae."
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