Category Archives: Firearms/Ammunition

Sidearm While Duck Hunting?

(Photo courtesy of USFWS)

(Photo courtesy of USFWS)

Question: A friend and I recently had a situation where we found pig tracks at one of the areas where we like to duck hunt. We both found it a little unnerving to be walking in knee to waist high grass armed with only bird shot if a pig were to charge. The area where we are hunting doesn’t explicitly prohibit handguns. We were wondering if California law allows us to carry a handgun, not as a method of take, but rather for defense while hunting waterfowl. I noticed the answer to the question on sidearms while hunting upland game and small game but don’t know if duck hunting has any additional restrictions. Also, if this is allowed, does the ammo in the handgun apply to the nonlead requirement while hunting duck, or is it exempt considering that it is not a method of take? Any help is greatly appreciated. Thanks. (Rhyan P.)

Answer: Unless the area where you’re hunting explicitly prohibits the possession of, or hunting with, handguns, that part should not be a problem. If that is the case, and you feel that your life is in danger, you can shoot the pig. However, you are not authorized to take the carcass unless you have a pig tag and utilized a legal method of take. If you’re hunting in condor country, you must carry nonlead ammunition.


Are crabs with black spots safe to eat?
Question: I just bought two crabs and found one with black spots on the outside shell. I’ve seen these before and usually avoid them, but this time the seller sneaked it into my package. When I called him about it, he said he didn’t know what it is, but it doesn’t permeate the shell. This isn’t true—I’ve seen this stuff on the flesh at the joints. It looks like oil. Can you enlighten me? Besides being ugly, is it unsafe? (Mari V., Berkeley)

Answer: Black spots on the shells of crustaceans are typically composed of melanin, which is the end product of a series of immunological reactions. This means the crab was likely responding to some shell damage that could be caused by physical trauma or a disease agent. In this case, the black spotted crab is probably safe if cooked correctly. However, if the discolored shellfish tissue has an unpleasant taste or texture, or looks or smells unusual, we always recommend not eating it.


Where can I find bail fine information?
Question: How are fines determined and how can someone locate published documentation on fines? (John S., Bakersfield)

Answer: The State Judicial Council publishes the “Uniform Bail and Penalty Schedules” every year. If you perform a web search, most courts will link to the most current edition. The link on our web site  www.courts.ca.gov/documents/july2011_jcbail.pdf is the 2011 edition. Additionally, some fines are mandatory and established by the California legislature. Those can be found in the Fish and Game Code starting with Section 12000. See the California Legislative Information web site http://leginfo.legislature.ca.gov/faces/codes.xhtml to look up the code. With some exceptions for mandatory fines, the uniform bail and penalty schedule is a guideline used by judges. In other words, judges have a great deal of discretion in setting fines and penalties for any violation.


Crossbows for wild pigs?
Question: I am trying to get some clarification on hunting wild pigs with a crossbow. The regulations state that crossbows may be used to take deer and wild pigs only during the regular seasons (California Code Regulations, Title 14, section 353). Since wild pigs can be hunted all year, does that mean that a crossbow can be used (like a firearm) to hunt wild pigs? Can any legal hunter with a hunting license and a pig tag use a crossbow for wild pigs? The regulations have a bit of a gray area here and I would like some clarification please. (Al Q.)

Answer: Yes, wild pigs can be taken year-round with a crossbow.


Importing a water buffalo skull?
Question: I purchased a water buffalo skull with horns in Thailand (Jan 2014). The Thai post office informed me I would need a “customs” form to have it delivered in the U.S. but they did not have them. The skull remains with my son in Thailand.

The skull is clean and dry. There is no remaining material on the skull. The skull was purchased from a buffalo farm for about $60. The animal was not mistreated or tortured. It died a natural death. The farm has a number of skulls for sale.

Can you please tell me what form I need and what I need to do to have it shipped to me here in California? Thank you in advance for your assistance. I enjoy your articles! (Jerry M.)

Answer: California wildlife law does not generally apply to this situation. The U.S. Fish and Wildlife Service would be the contact agency regarding importing parts from a water buffalo into California.

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

When Does Fish and Game Become Just Food?

Pintail (Photo courtesy of USFWS)

Pintail (Photo courtesy of USFWS)

Question: I understand that you can’t have multiple limits in your freezer (unless those limits are gifted to a corresponding number of family members living in the same house). My question is when exactly does your catch become just food? If I cook and smoke a duck and then break it down into parts and vacuum seal it into individual meals, or if I smoke some salmon and vacuum seal or can it, does it then stop being game and become food? If not, how and why does this differ from taking advantage of a grocery store sale and buying a couple cases of salmon? Surely there could be more than a limit of salmon in a case. Please be specific about when and why food stops being game. (Kirk G.)

Answer: Regardless of whether they are fresh, frozen, or otherwise preserved, if you have the edible portions of any sport-taken fish or game, they still count toward your possession limit until they are consumed (Fish and Game Code, section 2001 and California Code of Regulations Title 14, section 1.17.) Grocery stores can only sell commercially processed and packaged meats. Possession refers only to sport-taken fish or game species. For any fish or other meat purchased commercially, just keep them in their commercial packaging to easily differentiate between them from any sport-caught fish or game you may have in your possession.


Can licensed anglers fish more rods from a public pier?
Question: I know people without fishing licenses are allowed to fish from public piers with a limit of no more than two rods. But what if I have a valid fishing license and ocean enhancement stamp and still fish on public piers? Since Fish and Wildlife regs allow licensed anglers to fish in ocean waters with an unlimited number of rods, am I allowed to fish with more than two poles while fishing in ocean waters from a pier? (Frank R.)

Answer: No. If a licensed angler is not fishing from a public pier or jetty and not fishing for a species with rod limits (e.g. rockfish, lingcod or salmon), then more than two rods may be used. On public piers though, no person may use more than two rods and lines, two hand lines, or two nets, traps or other appliances used to take crabs (CCR Title 14, section 28.65(b)), regardless of whether they have a fishing license.


Giving pheasants away to other hunters to keep hunting?
Question: While hunting pheasants, once I shoot my limit, can I give one of my birds to another hunter in the group and continue hunting? (Jerry)

Answer: No. Once you reach your bag limit you are finished hunting for the day. You can give your birds away to other hunters but that does not then allow you to continue hunting that day.


Lobster hunting with bait cages while scuba diving?
Question: Can we use bait cages (like what’s used for hoop netting) while scuba diving for lobster? I want to fill a couple of bait cages with bait and put a float on them with a light stick, set them next to a reef, and then come back and check it for lobster feeding off of it. I don’t see it being illegal since there are no hoop nets involved, or traps and no tickle sticks being used. We’re still catching them by hand. (Anonymous)

Answer: Well, you should keep catching them by hand and not use these bait cages. When diving for crustaceans, the law says they may only be taken by hand, so the literal interpretation would say any other method for a diver is illegal (CCR Title 14, section 29.80(a)(1)). The bait cage is an appliance and is prohibited. The regulation reads: “Nets, traps or other applicances may not be used …” (CCR Title 14, section 29.80(a)(2)).


Hunting upland birds and waterfowl at the same time?
Question: If I’m in the field upland bird hunting and a flock of ducks/geese fly overhead, am I allowed to shoot those birds, too? (Robert G.)

Answer: Yes, but only if the season for waterfowl is open in the area, if you have the required state and federal waterfowl stamps affixed to your license, AND you only have steel or other non-toxic shot in your possession.

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

How to Measure Abalone Correctly to Avoid a Ticket?

Abalone must be measured with a fixed-caliper measuring gauge capable of accurately measuring seven inches (CDFW staff photo)

Abalone must be measured with a fixed-caliper measuring gauge capable of accurately measuring seven inches (CDFW staff photo)

Question: I know a guy who was abalone diving off his kayak recently and took three nice abalone that all measured around nine inches. He was diving for the big abs and so was using a 9-inch gauge, but had his required 7-inch gauge in his goody bag on the kayak. When he finished up and got back to the beach with his tagged abalone and his gauges in his goody bag, there was a wildlife officer waiting there who had been watching him and wrote him a ticket for using a 9-inch gauge instead of a 7-inch gauge. Why did he get a ticket? (Tim S.)

Answer: Abalone divers are required to “… carry a fixed-caliper measuring gauge capable of accurately measuring seven inches” (California Code of Regulations Title 14, section 29.15[f]) and are required to retain any legal-sized abalone they detach and add them to their bag (CCR Title 14, section 29.15[d].) It is fine to use a gauge larger than the required 7-inch gauge to measure over-sized abalone when trophy hunting. The problem occurs when a diver detaches and brings an abalone to the surface, measures it with only a 9-inch gauge, and then rejects it for being smaller than their personal target size even though the abalone may still be of the minimum legal size (seven inches or larger). This practice puts the diver in violation of the above sections and this practice is considered “high-grading.”

To avoid this kind of ticket, divers should not return any abalone before first measuring with a 7-inch gauge to be sure they are smaller than legal size. A 7-inch gauge should be in the immediate vicinity of where the diver surfaces (in hand, float tube or kayak) so that the abalone can be readily measured, and if they then turn out to be short, the diver can then return it to the same location where originally taken. The violation occurs when divers detach and then reject legal-sized abalone because they are seeking only the oversized ones.


Disabled wheelchair-bound hunters?
Question: My dad used to hunt ducks with me every weekend. The last few seasons he had to miss due to becoming disabled and wheelchair-bound. Recently he has talked about hunting the refuges with me this coming season, and has bought an electronic chair. My question is will the electronic chair be allowed onto free roam Type A/B or on Type C areas? Or will it be considered an ATV (which it is not)? He would only be able to do levees or gravel roads. Thanks. (James)

Answer: Many of our wildlife refuges have disabled hunter blinds that would allow your father and one able-bodied hunter to still enjoy waterfowl hunting and accommodate his need for an electronic chair or regular wheelchair. But while he would probably be allowed to free-roam hunt, most refuges with their levees and gravel roads may not be easy to get around in via a wheelchair. ATVs are prohibited. It might be best to call ahead to the refuge where you’d like to hunt to inquire about the conditions available.


Hunting with an arrow rifle?
Question: I have an arrow rifle that’s powered by CO2 high pressured gas that I’ve had for the last 15 years. It’s not a crossbow. I’ve heard it was made for SWAT teams, but I’m not sure. I just think it would be cool to hunt with it but didn’t see anything in your regulations about it. What do you think? Would it be legal? (Wes H.)

Answer: No. The weapon you describe would not be legal for taking fish or wildlife in California.


Bringing black bear claws in from out of state
Question: I recently purchased black bear claws from a licensed store/vendor in Idaho and would like to know if it is legal to bring them back into California. (Anonymous)

Answer: If you buy them legally in another state and have documentation to prove it, you can legally bring them back here so long as you declare their entry into California (Fish and Game Code, section 2353. Assuming they are from a black bear, you cannot sell them once in California though. Even if you decide to later sell them and plan to do so over the Internet … don’t! You could then be charged with a hefty federal Lacey Act violation. Buying or selling black bear parts within California is strictly forbidden, even if the bear was taken out of state.

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

Moving Wing Waterfowl Decoys

Mallard drake (Photo ODFW)

Mallard drake (Photo ODFW)

Question: With waterfowl season approaching, I was wondering if you could clarify Regulation 507 regarding duck decoys that move? That regulation specifies moving wings or blades are prohibited until after Nov. 30, but I cannot find a prohibition regarding motor powered decoys that simulate swimming (clamp on propeller), or water movement to simulate feeding (magnate type), or battery powered jerk string. In short, are ONLY moving wing decoys prohibited during the first six weeks of the season? (James Scott, Oakley)

Answer: The prohibition is only for electronically powered spinning wing, or spinning wing simulated devices. There are no prohibitions to any other electronic devices which flap wings, allow the decoy to swim, feed, or cause movement other than the spinning of a wing or wing simulated device.


How to pay an old ticket?
Question: One of my friends received a ticket about five years ago for abalone taken from the Fort Ross area. Afterwards he moved out of state. He recently moved back to California though and would now like to pay his ticket but he does not have any information. How should he go about paying it? How can he find out the amount owed and where should he send payment? Thanks for any help. (James Y.)

Answer: If your friend left the state without paying the fine for the ticket he received, then the court probably issued an arrest warrant for him. Fort Ross is in Sonoma County, so he should contact Sonoma County Superior Court as soon as possible. If contacted by law enforcement prior to doing this and it is determined there is an active warrant, your friend will be cited or arrested for not taking care of his ticket.


Game wardens also lead-free in Condor Zone?
Question: Does a Fish and Wildlife officer’s pistol that he carries in the field contain lead-free ammunition? I ask because if I’m in the woods in the lead-free zone under a carry concealed weapon permit (CCW) and just camping, I must run lead-free, correct? The law should be consistent for everyone. (Dale G.)

Answer: No, the lead ban pertains to hunters. It is illegal to use, or possess with a firearm capable of firing, any projectile containing more than one percent lead by weight while taking or attempting to take big game or nongame within the condor range. This includes centerfire as well as black powder/muzzleloader and rimfire projectiles. Since wildlife officers are not hunting while on duty, their firearms may contain lead ammunition in the condor range. Any people who are not taking or attempting to take wildlife, including CCW holders, may use or possess lead ammunition.


Woodpeckers are driving me crazy!
Question: I’ve got a bunch of woodpeckers that keep pecking at my house and they are driving me crazy! Can I use a pellet gun to haze them and chase them off? Thanks. (Alan H., Ukiah)

Answer: No, woodpeckers are a nongame species so you will have to find a non-lethal method to haze them away from your house. You could try hanging shiny mylar tape like they use in orchards to scare the birds away from the fruit or try posting an owl decoy. You might also try covering the wood with metal mesh hardware cloth.

This is a USFWS question and they do have a permit process for a number of species under federal depredation provisions unless designated a fully protected bird.

For additional tips and information, please check with the University of California Integrated Pest Management Program online at http://www.ipm.ucdavis.edu/PMG/menu.house.html#VERT.


Deployed gear through MPAs
Question: Is it legal to travel through a State Marine Reserve (SMR) on a kayak with fish and non-deployed fishing gear on board? Does “fishing gear deployed” mean having a hook and line in the water? Or does it go so far as to require fishing hooks be removed from any fishing line on board a kayak? The term “deployed” is not defined in the regulations and I am wondering how it is enforced by the officers. (Brian M.)

Answer: Yes, you may travel through a state marine reserve with catch on board as long as no fishing gear is deployed in the water (per Section 632(a)(8) on pg. 52 of the current Ocean Sport Fishing regulations booklet). Deployed means that the gear (hook and line) is in the water. If you wish to remove all doubt, you could remove the hooks, but that is not required by law. Just make sure your gear is out of the water and secured before transiting a state marine reserve, and you will be abiding by the law.

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

Deer Hunting in an Area Closed Following a Fire

Mule deer on scenic hillside (USFWS photo)

Mule deer on scenic hillside (USFWS photo)

Question: My son and I have drawn G37 tags. We have been trying for 15 years to draw this once-in-a-lifetime hunt. My concern is that the U.S. Forest Service (USFS) has closed a big portion of this area because of the Rim Fire and the El Portal Fire. Is there anything that the California Department of Fish and Wildlife (CDFW) can do to get these closed areas open? We don’t want to exchange our tags for the G37 hunt, we would like the USFS to open the closed areas that are in the G37 zone that burned. We and the other hunters would appreciate whatever CDFW can do for us. Thank you. (Dennis and Brent S.)

Answer: Unfortunately, there’s nothing we can do to require them to reopen the burned area. The fire closures are implemented whenever the USFS decides they are warranted. The best we can do is to refer you to the USFS district office so you can talk directly to those making the decisions. That might be your best hope.

And regarding your tags, even if you did want to exchange your tags, there are no refunds for deer tags. There are no exchanges for premium tags either. We can exchange restricted and unrestricted deer tags provided the following: 1) the earliest season for their zone has not already started, 2) tag quota for the tag they want to exchange is not yet filled, 3) tags remain in the zone they want to exchange for, and 4) you pay the current exchange fee. For more details, please check California Code of Regulations Title 14, section 708.14(j).


Shark took my salmon!
Question: While fishing off of Shelter Cove for salmon a while back, a large shark latched onto a salmon hooked on the line. After a few minutes of fight, the shark raised its head out of the water and bit through the salmon it had in its jaws, leaving the salmon head and 6 to 8 inches of flesh. My question is, by regulation, do we have to count the head as one of our take? We kept the head in the fish box and salvaged as much of the flesh as we could so as not to waste resources. (Rick W., Shelter Cove)

Answer: Since you landed the remainder of the salmon, you must count the fish toward your bag limit. However, since the fish was not retained in a whole condition, it would have been illegal to possess since it could not be measured to determine if it met the legal length requirement. So, while salvaging as much of the flesh as you could so as not to waste resources may have been the “right” thing to do, legally, you should have sent the head and remaining carcass back to the ocean to let other marine organisms utilize it. And if you had sent the carcass back down without salvaging the remainder of the fish, it would not count toward your daily bag limit.


How to pay for not returning lobster card?
Question: I did not return my lobster card last season, and I would like to know how/where I can pay my fine so I can get another card for this coming season.

Answer: When you go to purchase your 2014-2015 lobster report card, the clerk should tell you that you need to pay your $20 non-return fee first. After paying this fee, you should be able to purchase your new lobster report card.


Nonlead for all hunting on a wildlife area?
Question: I won a G12 deer tag this year (either sex shotgun only, Gray Lodge Wildlife Area). Because this is a popular waterfowl hunting area, am I legally allowed to use lead slugs or do I need to use nonlead slugs? (Philipp K.)

Answer: Yes, you may use lead slugs. In 2014, the use of lead slugs to hunt on state wildlife areas is not prohibited. However, this may be the last year that you can use lead ammunition for big game at the Gray Lodge Wildlife Area. In 2013, Assembly Bill 711was approved by the Governor and chaptered into law by the Secretary of State. AB 711 added several sections to the Fish and Game Code, one of which (3005.5(b)) requires a complete ban on the use of lead ammunition when taking wildlife for any purposes anywhere in the state by July 1, 2019. This section also requires the Fish and Game Commission to develop a phase-in regulation by July 1, 2015, designed to impose the least burden on California’s hunters while still implementing the intent of the law. (For more information regarding implementation of AB 711, please go to http://www.dfg.ca.gov/wildlife/hunting/lead-free/.)

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

Casting with a Potato Gun-Style Launcher

(CDFW photo by Sabrina Bell)

(CDFW photo by Sabrina Bell)

Question: Is it legal to use the “Sandblaster Baitcaster” in California? This device is supposed to be great for surf fishing from the beach. It uses compressed air to cast your bait up to 300 yards from shore. See it at their website, www.bunkerupfishin.com/. (Victor H.)

Answer: This line launching device is really just another form of the old “potato guns” that were popular for a while until they were outlawed in public areas. According to California Department of Fish and Wildlife (CDFW) Lt. Dennis McKiver, potato guns are legal under federal law. Under state law, potato guns that use combustion (instead of compressed air) to launch the projectile are “firearms,” and one with a bore of over 0.5 inches is a destructive device.

Pneumatic potato guns like this one use compressed air and are legal as long as they are not used like a weapon (e.g. shot at a person, etc.), so this line launching device would be legal under state and federal laws. However, you should check for local city and county ordinances because some local governments prohibit use of any devices that propel projectiles, and if you intend to use this line launching device on any state beach, you may also want to consult State Parks.

As far as using it to cast a fishing line, nothing in the Fish and Game Code or its implementing regulations prohibit using this compressed air launcher as long as the fishing line is attached to a rod and reel, or a person is brave enough to hold the other end of line in their hands!


What to do when catching invasive fish species?
Question: What should we do when we catch invasive fish in local lakes? Specifically, Balboa Lake in the San Fernando Valley remains warm enough in winter to support some tropical fish. Certain aquarium fishes breed as well as survive in these waters. The problem now are Plecostomus (commonly found in home fish tanks to eat the algae) that have taken over the lake and the Los Angeles River.

A couple of us have caught over 200 since February in one little cove while fishing for carp. We were told by park personnel to kill them (seemed reasonable) but I wanted to make sure they are inedible so that we won’t get into trouble for wasting fish. Please advise. Thanks. (Bill S.)

Answer: From a biological standpoint, CDFW would like to see these invasive fish disposed of (killed) rather then placed back in the system. The law prohibits the waste of any fish taken in waters of the state (California Code of Regulations Title 14, section 1.87). This regulation is intended to encourage people to eat any fish they kill, and to avoid needlessly killing fish. But, any lawful use of fish that are legal for sale by an aquarium or pet store would satisfy the requirements of this regulation, including their use as fertilizer for your garden.

Here’s something that might surprise you … Plecostomus are consumed by humans in some of their native Central and South American waters. Jackson Landers, author of “Eating Aliens: One Man’s Adventures Hunting Invasive Animal Species” includes a recipe for Plecostomus in this book.


Scuba diving for Dungeness crabs?
Question: In a recent column you said that you could not take Dungeness crabs on SCUBA. Did I read that correctly or were you referring to seasons? (Duanne S.)

Answer: I saidwhen Dungeness crab season is open, they may be taken by hand via SCUBA but divers may not possess any hooked device while diving or attempting to dive for them (CCR Title 14, section 29.80(g)).


Sale of pig mount … Is it legal?
Question: My brother harvested a pig about 20 years ago on a private ranch in California and had the head mounted. He wants to sell the mount, but doesn’t want to break the law and can’t get a definitive answer from anyone. Could you help? Thank you as always for your help! (Dave)

Answer: Your brother can give it away but cannot sell or trade it to anyone. With a few exceptions (that don’t apply to your brother), the law prohibits the sale or purchase of any part of a bird or mammal found in the wild in California. (Fish and Game Code, section 3039)


Is there a limit on sand crabs?
Question: Is it legal to catch sand crabs with a fishing license, and if legal, what is the limit? Can sand crabs be taken on all beaches of the state? (Gina N.)

Answer: Yes, it is legal to catch sand crabs with a fishing license statewide wherever fishing is authorized. The limit is 50 crabs per day and in possession (CCR Title 14, section 29.85(d)).

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

Salmon Trolling vs Mooching

Don Mah with daughter Tiffany on her first fishing trip (Photo by Tom Mattusch)

Don Mah with daughter Tiffany on her first fishing trip (Photo by Tom Mattusch)

Question: When trolling for salmon between Point Conception and Horse Mountain, are treble hooks allowed on spoons or lures if they are barbless? Or does the two single point, single shank hook regulation apply as if I were bait fishing? The rules are clear regarding when you are not trolling, but they do not seem to elaborate on allowable gear when you ARE trolling. (Rick S.)

Answer: No, you may not use treble hooks for salmon in the area you describe. Only single barbless hooks may be used, and whether trolling or drifting with bait (mooching), you may only use two single barbless hooks per line. The law says, “No more than two (2) single point, single shank barbless hooks shall be used in the ocean north of Point Conception when salmon fishing or fishing from any boat or floating device with salmon on board.” (California Code of Regulations Title 14, section 27.80(a)(2)).

This section does not specifically address trolling or mooching, so it applies to all salmon fishing, including trolling or drifting with bait.


Trout limits while on multiday vacation
Question: My wife and I will be taking a two week vacation and plan to do a lot of trout fishing. Is our 10 fish bag limit the same as 10 fish possession limit? We will be out 10 days, and due to lack of ice in the remote area where we are going, we plan to can our daily limits of fish. Is there anything wrong with this?

I know people who fish and catch their limits daily, and then when they get home they process (can or smoke) the fish each evening in their homes. I know they possess more than a 10 fish limit, but is this legal? If so, why could my wife and I not do the same because when we are out camping in our RV, wouldn’t that be considered our second home? (Eric S.)

Answer: If the people you describe retain more than their allowed possession limits in any form, they are in violation. The law requires that each person may have no more than one legal possession limit in any form, whether it’s fresh, frozen, canned or smoked (CCR Title 14, section 1.17). Possession limits even apply in your home.

In most trout waters, the possession limit is the equivalent of two daily bag limits. There are also special brook trout regulations in many areas so you really need to know the body of water(s) where you will be fishing. Check out sections 7.00 and 7.50(a) in the 2014-2015 Freshwater Sport Fishing Regulations to be sure of the limits you are allowed.


Lost Commercial Fishing Gear
Question: I have a question regarding what appears to be abandoned commercial fishing gear. My three dive buddies and I are all instructors and regularly find lost fishing gear snaring marine life. Generally, they are old lobster traps without any line or buoys still attached. Sometimes the traps still contain live lobsters in them. We have been afraid to touch them.

Can we release lobsters from what looks to be lost gear? Any help you can provide to help us understand what we can and can’t do, and under what rules, would be appreciated. We are tired of just swimming by them. (Randall Krueger, Visalia)

Answer: Thank you for contacting us. Lost fishing gear – both commercial and recreational – sits on the seafloor, gets caught on rocks, and can remain in the marine environment for years, harming habitats and continuing to catch fish and invertebrates.

You cannot keep the lobster caught in the lost traps, but you can let them go and leave the trap doors open so that they no longer trap marine life, then report the location of the lost gear to one of the following organizations.

If you are able, please report sightings of lost recreational and commercial fishing gear (even anonymous reports are accepted) by calling (888) 491-GEAR or visiting www.seadocsociety.org/california-lost-fishing-gear-removal-project/. You may also contact the Ocean Defenders Alliance at (714) 875-5881 or www.oceandefenders.org/.


150 yard safety zone around my own buildings?
Question: I live in a rural area. Can I legally hunt within 150 yards of my own residence? Can I hunt within 150 yards of anyone else’s if I have their written permission? (Jess K.)

Answer: Yes. These are safety zone restrictions but as long as there are no other local laws or ordinances that prohibit hunting or the discharge of a firearm, then you can hunt within 150 yards of your own residence or any other residence where you have obtained express permission of the owner or person in possession of the premises (Fish and Game Code, section 3004(a)).

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.