One of our videos on instagram has set off a firestorm of a debate about if cast nets are legal to use in California. There is a lot of miscommunication about the subject and people are fired up about what is correct.
First lets start with the law (Hyperlinked To Reference):
28.80. Dip Nets and Hawaiian Type Throw Nets. Dip nets of any size and baited hoop nets not greater than 36 inches in diameter may be used to take herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp and squid. Hawaiian type throw nets may be used north of Point Conception to take such species.
FishingPiers.Info:
I have seen several spots where this law has been rewritten or the wording changed to try and help make it easier to understand. I even copied one of those incorrect statements over to the instagram comments. So never trust anyone except yourself to read the law and make your own judgements.
Having been called out on the thread for being incorrect I decided to reach out to the California Fish and Wildlife Marine Division to get a better understanding.
Here is their response:
What you described is legal. Cast nets (in the below regulation you referenced are referred to as “Hawaiian type throw nets”) are allowed from piers as long the individual is: 1) North of Point Conception, 2) only taking one of the listed species (anchovies are on the list), and 3) does not have more than one other piece of gear since you can only have two gears types per person on a pier.
FishingPiers.Info:
What is a Hawaii Style Throw Net:
The email back from Fish and Game says that Cast Nets should be considered the same as Hawaii Type Throw Nets
Where are Cast Nets Legal to use:
Cast nets can be used north of Point Conception. For those that have no idea where this is located lets just say it is a 20 miles north from Santa Barbara. This law above only speaks about using cast nets in the Ocean and Bay. I will not try to figure it out for freshwater yet.
What Can You Catch With A Cast Net:
Herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp and squid.
What Size Cast Net Can You Use?
From the law above we can see that Dip nets or Baited Hoop Nets cannot be greater than 36 inches in diameter. However, the size is intentionally left off of the law. I have written back to the Fish and Game to ask if there are any other laws that would limit the size of a cast net. As I get more information I will keep you all posted, but at this time it does not look like there is a size restriction.