Question: Over the past few years, I have noticed an increasing number of people attempting to spear corbina while wading in shallow nearshore waters (multiple counties in Southern California). These folks are in the water but not transiting to deeper water. They do not ever swim or float, they are throwing their spears/Hawaiian slings at fish while standing upright upon the bottom. In some cases, they even work in small teams to corral fish by driving them into shallow beach depressions.

I note that the 2013-14 regulations, section 28.90 starts with: "Persons who are floating or swimming in the water may use spearfishing gear and skin or SCUBA diving equipment to take..." So, I guess this question revolves around the definition of the word "swimming" as interpreted by the California Department of Fish and Wildlife (CDFW). Are either of these practices legal?

Answer: The activities you describe are neither swimming nor floating. This activity is allowed only for the take of skates, rays and sharks (California Code of Regulations Title 14, Section 28.95). If they want to spear any other type of fish, they need to be swimming or floating. Corralling the fish with their bodies would be legal if they were swimming or floating.