Category Archives: Disposal

Baiting crab traps with rockfish carcasses?

Posted on March 4, 2010 | Leave a comment

Dungeness crabs in a crab trap (DFG photo by Debra Hamilton)

Question: I belong to a popular fishing forum on the Internet, and most of my fellow sport fishermen say that when they bait their crab traps/pots, they can use whatever bait they want. Many people are using the carcasses from regulated game fish, such as rockfish, after the fish have been filleted. During previous salmon seasons, they used salmon carcasses, too. Isn’t there something in the regulations about this subject? If a person saves their fish carcasses in their freezer, for instance, and then goes out and uses those carcasses in their crab traps, isn’t that still considered as “possession”? If I put out crab pots baited with rockfish carcasses, spend the day catching my limit of rockfish and then come back to pull my pots to head back in, I not only have my legal limit of fresh rockfish, but also a bunch of other rockfish carcasses. And what about having those carcasses when a fish isn’t even in season?

I seem to be alone in believing that we need to follow certain rules about using fish as crab bait, and now I am very anxious to clear this up once and for all, with your help. Thank you so much for your time and consideration in this matter. (Cat C., North Fork)

Answer: Generally, portions of the fish that are normally discarded after cleaning do not count toward a possession limit. For example, let’s say you catch 10 rockfish. When you clean them, you end up with 20 fillets and 10 boney carcasses in your possession. Most people would discard the 10 carcasses, minus the fillets, and keep the 20 fillets to eat. The 20 fillets are your possession limit of 10 rockfish. You can keep the 10 carcasses for crab bait and these carcasses would not count as part of your rockfish possession limit.

According to Department of Fish and Game Lieutenant Dennis McKiver, to eliminate any questions or confusion when you go out crabbing and fishing for rockfish, set your crab traps baited with rockfish carcasses first. Then, at the end of the day when you are returning with limits of rockfish, you can pull your crab traps and discard the used rockfish carcasses before returning to port. Otherwise it may look as though you went out and caught a limit of rockfish to use as crab bait and then continued to catch another limit of rockfish to take home. People have been caught and cited for doing this.

Also, make sure that any fish carcasses you use are from legal fish. Many crab fishermen get cited because the carcasses they are using are from undersized salmon, lingcod, cabezon, greenling or other fish with size limits, or from cowcod, canary, yellow-eye or bronze-spotted rockfish or other restricted species. They may tell their friends they got cited by the warden for using a fish carcass as crab bait, but the real story is that they got cited for the illegal take and possession of restricted fish.

Can I collect a deer head with attached antlers from a carcass?
Question: While fishing for steelhead on Carmel River, I came across a 4-point buck that had been dead for at least three months. Given that it was in deep brush, I am guessing a mountain lion had gotten him. Is it legal to take the head with perfect rack and give it to someone as a gift? Not to be sold or re-sold, but as a gift. (Blake, Monterey)

Answer: No, this would not be legal. If the antlers were sheds (naturally detached from the skull), then there would be no problem. However, for any other deer parts, even if this deer was found dead due to predators or natural causes, it is not legal to possess any portions of that animal. Deer may only be possessed if taken by a licensed hunter with a rifle, shotgun, pistol, revolver, muzzleloader or with archery equipment. Otherwise, especially with a deer carcass picked up out of season, It would be impossible for a game warden to know whether this was a deer that had been found dead of natural causes or had been illegally poached.

Can I buy or sell a stuffed rattlesnake or rattlesnake skins?
Question: Is it legal to buy or sell a stuffed rattlesnake or rattlesnake skins in California? (Jody S.)

Answer: No, buying or selling a stuffed rattlesnake or native reptiles of any kind is prohibited. In general, it is also unlawful to capture, collect, intentionally kill or injure, possess, purchase, propagate, sell, transport, import or export any native reptile or amphibian, or part thereof (CCR, Title 14, section 40). In addition, native reptiles may not be sold, possessed, transported, imported, exported or propagated for commercial purposes unless listed under CCR, Section 43(c). Native rattlesnakes are not included among these species and therefore may not be commercialized. The only exception for selling or buying rattlesnakes is if the rattlesnake is albino or albino captive bred (CCR, Title 14, section 43[a][7]) or if collected by a biological supply house authorized to supply research and educational facilities.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. She cannot personally answer everyone’s questions but will select a few to answer in this column each week. Contact her at CalOutdoors@dfg.ca.gov.

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Posted in Bag Limits/ Possession, Bait, Buy/Trade/Sell/Gift, Deer Hunting, Disposal, Fishing, Methods Of Take

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Do we toss our dead fish back to stay legal?

Posted on December 24, 2009 | 1 Comment

 

Weather must always be considered and monitored when going to sea on multiple day fishing trips (Anacapa Island photo by Robert Schwemmer).

Question: We often take three-day fishing trips on a private boat and always get the multi-day fishing trip permits to cover us. The multi-day permits require the trip to be continuous and to extend for a period of 12 hours or more on the first and last days of the trip, and berthing or docking within five miles of the mainland shore is prohibited. Since we do a lot of fishing within five miles of the shore, can we anchor and fish or sleep within five miles of the mainland as long as we don’t berth our boat or touch land or a dock? What do we do if we get our limit and a storm comes in before noon on the last day? Do we throw our dead catch over so we can get to shore safely and still be legal or do we keep them even if technically we’ll then be over the limit? Thank you. (Don F.)

Answer: Anglers can fish within five miles of the mainland, but berthing (anchoring) or docking is prohibited and anglers must disembark at the place of return as stated on the declaration form (California Code of Regulations Title14, section 27.15[b]). These permits were originally designed more to cover people who are fishing many miles offshore for multiple days (like for tuna and the more long range species) who cannot easily get back to the dock each night.

According to Game Warden Jason Chance, every mariner and boat operator is  responsible for planning out their trips in advance – especially trips that will encompass multiple days at sea. If you plan your trip according to weather forecasts, it’s relatively unlikely that you’ll be caught off-guard by a sudden storm. By continuously monitoring your marine radio for ongoing NOAA weather forecasts and hazardous conditions updates, and then Channel 16 for any emergency U.S. Coast Guard announcements, you should not be surprised by changing weather conditions.

Of course, if poor weather conditions appear to be imminent, use your best judgment as to whether to continue or to immediately end your trip. Remember that safety should always come first, and attempting to avoid a ticket is not worth risking lives nor creating what becomes an emergency rescue situation. But be aware that wasting fish (in this case dumping dead fish overboard) is a violation of the law (CCR Title 14, section 1.87), so do not consider this an option.

Is it legal to shoot birds on the water or on the ground?
Question: Regarding waterfowl hunting, I am curious if it is lawful to shoot a bird that is on the water or, if I’m field hunting, to shoot a bird that is standing on the ground. I do not consider it sporting, but I was party to a group of hunters that took part in the above actions. (Nick V.)

Answer: It’s not illegal, but it’s certainly not sporting as it violates the Fair Chase Principle. “Fair chase” is the ethical, sportsman-like, lawful pursuit and taking of any free-ranging animal in a manner that does not give the hunter an unfair advantage over such animals. In addition, it can also be unsafe to shoot birds on the ground or on the water because nearby hunters might be in your line of fire.

Is it legal to keep legal-sized fish caught in hoopnets?
Question: If I catch fish in a hoop net while lobster fishing, are they legal to keep provided they meet any size requirements? I have been throwing them back because I’m not sure it is legal to catch them that way. Someone told me they must be caught on fishing line only. What about sea snails and octopus that are caught in my hoops? Can other line-caught sportfish, such as tuna, be used as bait in lobster hoops? Please advise. Thanks. (Steve G.)

Answer: You were correct to return fish caught in your hoop nets because hoop nets are not a legal method of take. Finfish may only be caught by hook-and-line except in very specific circumstances listed under “Finfish – Gear Restrictions” (pgs. 51-52) in the Ocean Sport Fishing Regulations booklet (CCR Title 14, section 28.65).

Taking sea snails and octopus caught incidentally in your lobster hoop net is not allowed (section 29.10(a), on pg. 52 of the booklet).

Any finfish that is legal to take or possess in California may be used as bait in your lobster hoop net.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. She cannot personally answer everyone’s questions but will select a few to answer in this column each week. Contact her at CalOutdoors@dfg.ca.gov.

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Posted in Bag Limits/ Possession, Disposal, Fishing, Methods Of Take, Methods Of Take, Regulations, Waterfowl

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Monster-Sized Humboldt Squid?

Posted on February 5, 2009 | Leave a comment

(DFG file photo by Carrie Wilson)
Good numbers of Humboldt squid have been showing up off the California coast in recent years. Although there are no bag limits at this time, anglers should be conservation-minded and take only what they can comfortably use. One large jumbo squid can easily feed an entire family for quite a long time.

Question: There’s been a huge population of Humboldt squid showing up off the central California coast in recent years. As aggressive as they are, I am curious what effects they may be having on our game fish populations. These squid are also really fun to catch and it’s easy to get caught up in the frenzy of the fishing when you get into a big school of them. Unfortunately, the result is often boats and their anglers wind up harvesting more than they can handle, and many of these big squid end up going to waste. Should we have bag limits on them? (John P., San Jose)

Answer: Humboldt, or jumbo squid (Dosidicus gigas) have indeed made their return to California waters, and in a big way. They are now being caught on party boats from San Diego to Fort Bragg. Special evening trips that specifically target the squid are catching behemoths ranging from 12 to 40 lbs.
As far as what impact the Humboldt squid may be having on other game fish populations, the jury is still out. The squid’s major prey items include lantern fishes; however, lantern fishes are prey to a lot of other game fishes, so it may be more of a competition aspect rather than strictly a predator-prey aspect. Humboldt squid are more efficient predators in low oxygen environments than fish predators and can out-compete these species. However, they also feed on a wide range of species from northern anchovy, Pacific sardine, Pacific mackerel, juvenile rockfishes, and squid species (including themselves, hence their reputation) so there is great potential to directly affect game fish populations.

According to Senior Marine Biologist and DFG squid expert Dale Sweetnam, “Researchers have been observing the expansion and shallowing of oxygen minimum zones off the West Coast in recent years. It is that environment that Dosidicus flourishes in and is probably the reason that they are still out and about and in no hurry to leave.”

Although there is no limit at this time on the number of Humboldt squid that can be caught, anglers should be conservation-minded and take only what they can comfortably use. Landing reports indicate that large numbers of squid are not only being caught, but also being kept. The DFG is also receiving disturbing reports of a number of fishermen actually then dumping these dead squid when returning to the docks. Not only is this unethical but it also constitutes violations of wanton waste which is willfully wasting the state’s fish resources (CCR Title 14 Section 1.87.)

For everyone who gets the fun opportunity to fish for these enormous mollusks, take only what you plan to use. One large jumbo squid can easily feed an entire family for quite a long time. By being thoughtful and helping to conserve the state’s marine resources, we hope these animals will keep coming back in good numbers for years to come.

If you catch a jumbo squid and do not plan on eating it, please release it back into the water. These monster-sized creatures are a lot of fun to catch and they will usually survive when released, to be caught by another angler on another day.

Is It Legal to Carry but Not Use Lead Bullets When Hunting Big Game?
Question: I’ll be hunting wild boar in Condor Country using lead free ammo in my rifle. Is it legal to have lead bullets in my .44 mag as a back up safety gun while walking in this lead free hunting area? (Mark N., Simi Valley)

Answer: Wild pig are classified as big game. According to Game Warden Todd Tognazzini it is unlawful to possess lead bullets for your handgun while hunting big game. Lead free bullets are available for your .44 magnum and would be required.

Question: I will be steelhead fishing in Oregon and was wondering if I bring home Oregon fish with the appropriate punch card, can I also stop and fish on the way back (in California) and retain a fish using a California punch card? (John S.)

Answer: So let’s say you took one steelhead from the Chetco River in Oregon and then stop off at the Smith River to fish. According to Lt. Dennis McKiver, since the bag and possession limit for the Smith River is one steelhead, you cannot then fish for steelhead in the Smith River while in possession of one steelhead. If you took another steelhead you would be over the possession limit. You will also have to complete and submit a “Declaration of Entry Form” when bringing fish and game in from another state. Having the steelhead recorded on an Oregon Report Card will not be enough. The declaration forms can be found online at www.dfg.ca.gov/enforcement/docs/declaration_form.pdf.

Is It Legal to Hunt Rabbits With a Spot Light?
Question: If I am on my own property, can I hunt rabbits at night with a spot light? (John S.)

Answer: No.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

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Posted in Bag Limits/ Possession, Disposal, Firearms/Ammunition, Fishing, Methods Of Take, Regulations

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