Spearfishing for Striped Bass in the Central Valley Lakes and Rivers

 The “Coalition” greatly thanks the F&GC and DFG for advancing an option consideration relating for Spearfishing of Striped Bass in the anadromous rivers and central valley lakes pursuant to the freshwater fishery regulatory ISOR.

 The Valley District consists of all of Butte, Colusa, Glenn, Kern, Kings, Merced, Sacramento, San Joaquin, Solano, Stanislaus, Sutter, Yolo and Yuba counties; Tulare County west of the west boundaries of Sequoia National Forest and Sequoia National Park; Fresno County west of the west boundaries of Sierra and Sequoia National Forests (including all of Pine Flat Lake); Madera County west of the west boundary of the Sierra National Forest; Amador, Calaveras, El Dorado, Mariposa, Nevada, Placer and Tuolumne counties west of Highway 49 (including all of Don Pedro, McClure and New Melones lakes); that portion of Alameda County which is both east of Interstate 680 and north of Interstate 580; and all of Contra Costa County east of Interstate 680 and that portion of Contra Costa County which is both north of Highway 4 and east of Interstate 80; and all of Black Butte Lake. In all 24 Counties.

 205. Any regulation of the commission pursuant to this article which relates to fish, amphibia, and reptiles, may apply to all or any areas, districts, or portion thereof, at the discretion of the commission, and may do any or all of the following as to any or all species or subspecies: (a) Establish, extend, shorten, or abolish open seasons and closed seasons. (b) Establish, change, or abolish bag limits, possession limits, and size limits. (c) Establish and change areas or territorial limits for their taking. (d) Prescribe the manner and the means of taking.

 310. The commission may designate salmon spawning areas. It is unlawful to take salmon in any such spawning area, or within 250 feet of any salmon spawning station.

 315. The commission may at any time close any stream, lake, or other inland waters, or portions thereof, to the taking of any species or subspecies of fish to protect and properly conserve the fish, except for the taking of fish otherwise permitted by this code under a commercial fishing license, for such time as the commission may designate, or until such time as new legislation thereon enacted by the Legislature may become effective.

 The commission may, at any time when facts are presented to the commission which were not presented to the commission at the time of its December meeting held pursuant to Section 209, open any stream, lake, or other inland waters, or portions thereof, to the taking of any species or subspecies of fish for the proper utilization of the fish, for such time as the commission may designate or until such time as new legislation thereon enacted by the Legislature may become effective.  Proper utilization of the fish can include recreational Spearfishing as an approved method of take.

 River Rafting and Swimming, Kayaking, and yes, recreational scuba diving – free diving for crayfish, treasures of the freshwaters, i.e. aluminum cans, sun glasses, wallets, etc, etc, you name it we find it and pull it out! Central valley dive clubs do annual river clean up day events.  And more importantly “Hook & Line” fishing for steelhead, striped bass, black bass, catfish, blue gills…….. all recreational game fish pursuant to the regulations, except salmon fishing……we do not need to redefine section We only need to approve spear fishing for striped bass as well as the other game fish under F&C 2.30 as an allowed method of take in the 1505 areas.

 Spearfishing; although it’s legal to do so.  1505 Ended freshwater river spearfishing because what access was left became unsuitable for success in the constituency opinion, thus the constituency at large has chosen not to engage in the sport today.  As for the lakes in the central valley district, little to no spearfishing occurs because of visibility issues and issues related to the legal access to do so.

 Visibility, freshwater water clarity is everything for having any chance of success and clarity in freshwaters is rare.  The “constituent perception” for any chance of success is everything.  Access – the legal right to do so.

 California Code of Regulations – Excerpts Animals. No person shall molest, hunt, disturb, injure, trap, take, net, poison, harm, or kill any kind of animal or fish, or so attempt, except that fish may be taken other than for commercial purposes in accordance with the state fishing laws and regulations, provided, however, that no person shall use or discharge a “spear” or bow and arrow in the state park system (except in underwater parks or on designated archery ranges). Where hunting in a state recreation area or portion thereof is permitted by regulations herein, so much of this section as is inconsistent therewith shall be deemed inapplicable, provided hunting is conducted in the manner specified.  All lakes in the central valley district are managed by the “States Parks System” or Army Crop of Engineers, BLM, and or other County and Local authorities.

 Federal, State, County and Local agency's do have restrictions that prohibiting Spearfishing.  If isn't stated so as an allowed use, then it is not !  Willingness of the constituency to participate in a fishery that “they” feel that have little to no chance for success because of access, water clarity issues coupled with prohibitions to Spearfishing equates to a non starter.  The sheriff is only half stupid boss, he going to figure it out.  Create what just may turn out to be a “paper only” Spearfishery because we fail to provide the best possible access, the sheriff will know.  Ensuring “we” provide the best access possible within the commissions and departments auspices always “Positions” the Commission and the Department according with the sheriff.

 We can strike line Designated salmon spawning areas (See Fish and Game Code Section 1505) from section 2.30 spear fishing regulation and we add “striped bass” to section 2.30 (b) The Valley District for carp, tilapia, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow, Striped Bass and lamprey and in doing so, spearfishing for striped bass becomes an “allowed method of take ” with access for all.  Remember, we are already allow hook and line fishing in the 1505 designated areas for every game fish including striped bass and the only fish we are not allowed to fish for is salmon.

 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, tilapia, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey, from May 1 through September 15, except that no spearfishing is permitted in:  (1) Shasta and Tehama counties (see Section Section 2.12).Section 2.12  (2) Butte Creek (Butte Co.).  (3) Feather River below Oroville Dam (Butte Co.).  (4) Designated salmon spawning areas (See Fish and Game Code Section 1505).  (c) The Kern River from the Kern-Tulare county line upstream to the Johnsondale Bridge for carp, goldfish, western sucker, hardhead and Sacramento pikeminnow, from May 1 through September 15.  (d) See bullfrogs (Section 5.05).  Allowing spearfishing for Striped Bass would only be an new approved method of take for striped bass in freshwater areas that already allow striped bass take using hook and line recreational fishing. Spearfishing will be a new approved method of take.

 Administrative Procedure Act, Chapter 3.5 (commencing with Section11340) of Part 1 of Division 3 of Title 2 of the Government Code. The commission's adoption of regulations to implement a fishery management plan or plan amendment shall not trigger an additional review process under the California Environmental Quality Act  Striped Bass are managed under an Adaptive Management (FMP) currently; approving an method of take qualifies under Adaptive Management.

 We have shown the Commission has the authority to:  Designate 1505 areas.  Authorize the closing and or opening of designated 1505 areas for take of game fish except salmon.  We have pointed out recreational H&L fishing legally occurs in 1505 areas for striped bass as well as other game fish.  We have shown that spearfishing is an approved and currently practiced method of take.  And we have indicated there are legal access issues (the right to do so) that affect the willingness of the constituency to be engaged.  And we have shown there is no statues or articles that prevent access to 1505 areas for spearfishing of striped bass as well other listed game fish in 1505 areas.  And most importantly if we create a paper only Spearfishery because we fail to provide the best possible access within our powers and the constituency finds their perception for any chances of success are limited and or denied equates to a no actual freshwater Spearfishery occurring in the central valley district.

FISH SPECIESWIEGHT SPEARO'S NAME LOCATION OF KILL DATE OF KILL ALEWIFE3 OZ DUSTIN NOBLE NEBRASKA2004 BASS, LARGEMOUTH 7 LB 8 OZMAC HEARDNEW MEXICO1979 BASS, KENTUCKY SPOTTED 2 LB 12 OZ DUSTIN NOBLE NEBRASKA1999 BASS, ROCK1 LB 4 OZ TERRY ROBBINS NEBRASKA1982 BASS, SMALLMOUTH 5 LB 12 OZ DENNIS GIRARD NEBRASKA1997 BASS, STRIPED35 LB 6 OZLES SAGEARKANSAS2010 BASS, STRIPED HYBRID (WIPER) 12 LB DUSTIN NOBLE NEBRASKA2004 BASS, WHITE3 LB 2 OZ JUNE POPULAR OKLAHOMA1997 BLUEGILL1 LB CHAD HEARNE NEBRASKA2011 BUFFALO, BIGMOUTH 32 LB 4 OZ STEVE THOMPSON MISSOURI1989 BUFFALO, BLACK 27 LB MATTHEW DONELAN NEBRASKA1982 BUFFALO, SMALLMOUTH 42 LB DENNIS CORCORAN TEXAS1985 BULLHEAD, BLACK 1 LB 12 OZ DUSTIN NOBLE NEBRASKA2004 BURBOT16 LB 13 OZDAVE KOCH SOUTH DAKOTA 1987 CARP, COMMON 39 LB 8 OZ JACK SPRINGER ILLINOIS1972 CARP, GRASS31 LB 14 OZ MIKE MCGUIRE ARKANSAS2010 CARPSUCKER, RIVER 12 LB 2 OZ DUSTIN NOBLE NEBRASKA2006 CATFISH, BLUE9 LB 14 OZ DONNA KELLY OKLAHOMA1983 CATFISH, CHANNEL 25 LB 10 OZ ANTHONY NASON NEBRASKA1997 CATFISH, FLATHEAD 65 LB 8 OZJ.E. CUSICKOKLAHOMA1971 CHUB, CREEK4 OZ DUSTIN NOBLE NEBRASKA2003 CHUB, UTAH1 LB 12 OZ SHANE FORRESTER UTAH2005 CRAPPIE, BLACK 2 LB 5 OZ DUSTIN NOBLE NEBRASKA2004 CRAPPIE, WHITE 1 LB DUSTIN NOBLE NEBRASKA2002 DRUM, FRESHWATER 26 LB 4 OZJEFF JETERMISSOURI1994 EUROPEAN RUDD 3 LB 3 OZMIKE BANNEBRASKA2011 GAR, ALIGATOR 104 LB 3 OZKIETH LOVELOUISIANA2011 GAR, LONGNOSE 20 LB DENNIS MICKELSON MISSOURI1988 GAR, SHORTNOSE 4 LB 2 OZ PATRICK ROSE MISSOURI1972 GAR, SPOTTED5 LB 4 OZ DUSTIN NOBLE NEBRASKA2011 GOLDEYE2 LB 12 OZ GEORGE FRITTON NEBRASKA1982 GOLDFISH3 LB 14 OZ KEVIN PATRICK MISSOURI1972 MUSKELLUNG E HYBRID (TIGER MUSKIE) 19 LB 9 OZBRUCE BOYDUTAH2008 PERCH, WHITE4 OZ DUSTIN NOBLE NEBRASKA2006 PERCH, YELLOW 1 LB 14 OZ DUSTIN NOBLE NEBRASKA1980 PIKE, NORTHERN 23 LB 9 OZWES HILLER SOUTH DAKOTA 1988 QUILLBACK5 LB 8 OZ GARY MAUGH ARKANSAS1989 SALMON, KOKANEE 4 LB 2 OZ JOHN WILLIAMS NEBRASKA1971 SAUGER4 LB 12 OZ DAVE GRAVES SOUTH DAKOTA 1985 SHAD, GIZZARD 3 LB 3 OZ DUSTIN NOBLE NEBRASKA2004 SHINER, GOLDEN 3 OZ DUSTIN NOBLE NEBRASKA2000 SUCKER, BLUE3 LB 1 OZJAMES OGANMISSOURI1972 SUCKER, GOLDEN REDHORSE 5 LB 14 OZ GARY MAUGH MISSOURI1979 SUCKER, RIVER REDHORSE 4 LB 12 OZ BETH THOMAS MISSOURI1994 SUCKER, SHORTHEAD REDHORSE 2 LB 14 OZ BONNIE MOHAPP MISSOURI1991 SUCKER, SILVER 6 LB 8 OZ TERRY BRADLEY MISSOURI1986 SUCKER, UTAH5 LBMIKE BANUTAH2008 SUCKER, WHITE 4 LB 13 OZ CHAD HEARNE NEBRASKA2011 SUNFISH (HYBRID) 15 OZ DUSTIN NOBLE NEBRASKA2010 SUNFISH, REDEAR 2 LB MATTHEW EBROM TEXAS2006 SUNFISH, ORANGE SPOTTED.45 OZ DUSTIN NOBLE NEBRASKA2009 SUNFISH, GRENN 9 OZ BRIAN JANUCIK NEBRASKA1999 PUMPKINSEED7 OZ DUSTIN NOBLE NEBRASKA2011 TROUT, BROWN 21 LB 12 OZBRUCE BOYDUTAH1983 TROUT, CUTTHROAT 1 LB 9 OZ RUSSELL SEXTON UTAH2008 TROUT, RAINBOW 9 LB 8 OZPAUL FORNEY SOUTH DAKOTA 1979 TROUT, LAKE33 LBBRUCE BOYDUTAH2008 TROUT, SPLAKE 27 LB 12 OZ MIKE MCGUIRE UTAH2008 WALLEYE14 LB 4 OZ THOMAS REDLIN SOUTH DAKOTA 2010

 We support and ask that option “B” be advanced to the up coming adoption hearing with allowance for spearfishing of Striped Bass and the current listed species of fish under 2.30 within the 1505 designated central valley district area. Coalition Principals Robert Byers-Colusa, Ca. N. dist. Rep. Robert Winn-Colusa, Ca. N. dist. Rep Jason Schmitz- Coalition Organizer Sacramento, Ca. Robert Roth-Lockeford, Ca. Central dist. Rep. Russ Herring-Linden, Ca. SC dist. Rep. Bill Adams-Oakdale, Ca. SC dist. Rep. Kelly Vigil-Taft, Ca. South dist. Rep.