[alanw]

Originally Posted by LawDog

I don't see the legal issue. It speaks of gaffs because there are laws regulating them (when you can use one and the size of the gaff hook). Unless I'm mistaken, the fact that a kage or spear gaff is not mentioned is in favor of the fisherman. As most laws that are vague benefit the party in question. And to top it off the purpose is like that of a brain spike, to dispatch the fish. The term take is used in the regulations and describes the entire act of fishing so you are just moving the brain spike before the landing of the fish but still in the act of the take.

Does anyone see holes in this logic?

I agree with bassmanben's conclusion. Rules always state what you cannot do, and may sometimes give specific exceptions. This one says hook and line or by hand only, and gives only exceptions for use of a gaff and/or a net.