I'll also publish this as a separate thread. Maybe we should make it a sticky.
Dear Mr. Dorman,
Your email was forwarded to me for response, thank you for your interest in shark fishing and White Shark protections.
You are correct that targeting White Sharks is illegal and that if you accidentally hook one, you should release it immediately upon identification. While there are restrictions on certain commercial gear types for White Sharks, CDFW does not have specific recreational gear restrictions to prohibit targeting White Sharks. It is important to note, however, that some municipalities have implemented local codes that may restrict certain gear types in certain areas. You would need to check with the local law enforcement to ensure there are not different rules in your area. Following are more specific responses to your individual questions:
1. Are there any restrictions beyond normal DFW regulations as to the size or type of fishing equipment and leaders that would constitute targeting? No, since it is legal to take other species of shark any legal gear is allowed when shark fishing.
2. Are there any restrictions beyond normal DFW regulations as to the size or type of baits used that would constitute targeting? No, any bait legal to use while shark fishing is allowed.
3. Since we are fishing from shore, mostly at night, it's virtually impossible to identify a fish until you have it in very shallow water or on the sand. If we identify a fish as being a Great White in this situation, are we supposed to cut the lines immediately and then have no further contact with the fish? Correct, you should immediately cut the lines and release a White Shark as soon as you can identify it. Further handling or bringing a White Shark to the boat or shore would be a violation.
4. Wouldn't it be better for the health of the fish to remove the hook and leader from its mouth or untangle the leader from around the fish since many times sharks will turn and twist and get the line wrapped all around them? While it is helpful to cut the leader as close to the hook as possible, or cut the hook itself, the additional handling required to remove the hook completely could be harmful to the shark. Since it is not legal to intentionally land or continue interacting with a White Shark once you have identified it, releasing it in the quickest way possible is the best option. In most cases, the shark will shed the hook quickly and while the hook is still in the shark’s mouth it does not prevent the shark from continuing to feed.
5. If we land a Great White and remove the hook and leader, or if we cut the line close to shore, what do we do if we can see the fish is struggling? We've all caught fish that put up great fights, but required assistance in the surf for a couple of minutes to recuperate before they could swim off on their own. Are we allowed to assist the fish or are we supposed to watch a fish possibly die because we are legally prevented from touching the fish? The most important thing to consider in a situation like this is your own safety. If you find any shark that is beached, whether or not you initially caught it, any efforts to assist it should take into account both potential injuries to the people assisting and to the shark itself.
6. The vast majority of us practice CPR. Catch, Photo, Release. The usual photo is a picture of the person who caught the fish kneeling next to it. Would we be in violation of not releasing the fish immediately if we posed for a photo or are we limited to just a photo taken while we are removing the hook and leader? Yes, this would be a violation. If you intentionally bring a White Shark to the shore or a boat after identifying it or retain a White Shark after landing and identifying it, you would be in violation of take prohibitions. Remember, releasing the shark as quickly as possible is important for its survival.
7. Kayaking out big baits with higher capacity reels and short boat style rods is another question. A number of shark fishermen will do this to target larger/pelagic sharks like Mako and Thresher that don't ordinarily come into shallow water that aren't reachable by hand casting. Is using this type of equipment or technique evidence of targeting? Unless the angler is specifically pursuing a White Shark, then there is nothing in State regulations that would prohibit using a legal shark fishing gear from a kayak to target other shark species that are legal to take.
8. Finally, what about recent activity? Is fishing in a spot where Great Whites have been caught recently evidence of targeting? Wildlife officers have to look at many factors when trying to determine if a person is targeting White Shark. Fishing in an area where White sharks have been seen recently is not in itself proof that the person is targeting a White Shark. If, however, you see a White Shark then actively attempt to catch it or chum for it, then you would be in violation.
Thank you again for your interest and for taking the time and care to ensure that your fishing activities are legal. Please let me know if you have any follow up questions or concerns.
Sincerely,
John Ugoretz
Environmental Program Manager
Pelagic Fisheries and Ecosystem Program
California Department of Fish and Wildlife
1933 Cliff Drive, Suite 9
Santa Barbara, CA 93109
(805) 568-1226
