Question: I'm an avid free diver and spear fisherman, as well as a frequent clammer. While diving for Dungeness crab recently, I noticed a number of enormous clam siphons in the silty mud bottom in 4-8 feet of water. Having previously dug for horseneck clams (Tresus capax) on a number of occasions, it was clear to me that these were horseneck siphons, or "shows". These clams are all well below the low tide line and would thus be impossible to dig in the traditional way. Would it be legal for me to harvest these clams using a homemade PVC "clam gun" to excavate the mud in which they are encased? Looking at the regulations pertaining to horseneck clams, underwater harvest is neither specifically permitted nor forbidden.

Answer: Yes, you can take clams underwater using a "clam gun" as long as you are free diving. The use of scuba is prohibited for the take of clams north of Yankee Point in Monterey County. Scuba can be used south of Yankee Point. You don't say where you plan to dive for clams, but you may like to know that there are gaper clams south of Yankee Point.

Here's what the regulations say:

Invertebrates
29.05. GENERAL.
(d) In all ocean waters skin and Self Contained Underwater Breathing Apparatus [scuba] divers may take invertebrates as provided in this article except that in all ocean waters north of Yankee Point (Monterey Co.), Scuba may be used only to take sea urchins, rock scallops and crabs of the genus Cancer. For the purpose of this section, breathing tubes (snorkels) are not scuba.

29.20. CLAMS GENERAL.
(a) Except as provided in this article, there are no closed seasons, bag limits or size limits on saltwater clams.
(b) Fishing hours: One-half hour before sunrise to one-half hour after sunset.
(c) Special gear provisions: Spades, shovels, hoes, rakes or other appliances operated by hand, except spears or gaff hooks, may be used to take clams. No instrument capable of being used to dig clams may be possessed between one-half hour after sunset and one-half hour before sunrise, on any beach of this state, except tools and implements used in the work of cleaning, repairing or maintaining such beach when possessed by a person authorized by appropriate authority to perform such work.