Category Archives: Freshwater Fishing

Ingenious or Illegal?

Red abalone from Santa Cruz Island (Photo by CDFW Marine Biologist Derek Stein)

Red abalone from Santa Cruz Island (Photo by CDFW Marine Biologist Derek Stein)

Question: I am going over abalone laws again for any details that I may have missed and I have one quick question.

Measuring devices: You must have a fixed-arm measuring gauge, capable of spanning an abalone’s shell. It is a violation to take an abalone when not in possession of a gauge, even if the abalone is legal-sized.Ab iron_gauge combo

As you can see in this picture, the gauge is part of the ab iron. Since it has a fixed-arm that is capable of measuring abalone, I assume this gauge is legal. I just wanted to confirm since I am hearing that people are being approached for this type of gauge. Thanks. (Jerry)

Answer: In order for this combination abalone iron / measuring gauge to be legal, it must meet the requirements of both a legal abalone gauge and legal abalone iron.

According to California Department of Fish and Wildlife (CDFW) Lt. Dennis McKiver, the law says every person taking abalone “shall carry a fixed caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell” (California Code of Regulations Title 14, section 29.15(f)).

While the idea of carrying one device seems desirable, it is difficult to determine the absolute legality of this particular device from this photo alone. The important thing to consider is that a legal gauge must be “capable of accurately measuring” and the fixed opposing arms must be “of sufficient length to measure the abalone by placing the gauge over the shell.” If there is any question, the abalone fisherman should carry an additional legal abalone gauge with them.

All divers must carry an abalone gauge that measures seven inches and any abalone removed from the rock that measures seven inches or more must be retained (CCR Title 14, section 29.15(d)). Wildlife officers frequently find people trophy hunting with only nine or 10 inch gauges in their possession and they end up citing many of these individuals for high grading because they are detaching and replacing abalone that are less than nine or 10 inches, but are otherwise legal to take.


Slingbow for game hunting?
Question: Is it legal in California to hunt small and big game with a slingbow, provided it can cast an arrow legal for the game being hunted at least 130 yards? Referring to the California Code of Regulations Title 14, section 354, slingbows do have flexible material (the band), and a string connecting its two ends (of the band) as the nock, to satisfy the legal definition. (Jason L.)

Answer: These slingshot-style bows would not be legal because bows are defined only as longbow, recurve or compound bow (under CCR Title 14, section 354(a)). The slingbow falls under the definition of a crossbow (CCR Title 14, section 354(b)) “or cured latex band” and could be used for hunting under crossbow regulations.


Trout fishing with “dough balls”?
Question: While living back east, we used to use “dough balls” for trout. We made them out of corn meal, flour and water or fish meal, flour and water. Is this a legal bait for trout in California? (Mike)

Answer: Yes, processed foods may be used in California’s inland waters where bait is legal. Therefore, where bait is legal, dough balls would be legal.


Resident sport fishing license still legal after moving out of state?
Question: If I bought a California fishing license earlier in the year but then moved out of state, can I still legally fish with that resident license even if I now have an Idaho address? I’ll be coming back and forth during the year to visit family and am hoping this license will be good at least through the end of the year. (James F., Boise, ID)

Answer: Your resident California sport fishing license is valid through Dec. 31, 2014, even if you move out of state.

“Resident” is defined as: Any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code (Fish and Game Code, section 70).

“Nonresident” is defined as: Any person who has not resided continuously in the State of California for six months immediately prior to the date of his application for a license or permit (FGC, section 57.)

Next year you will need to buy a nonresident sport fishing license to fish in 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.

Nesting Wild Mallards in My Backyard Pool?

Mallard pair

Mallard pair (ODFW photo)

Question: We have a pair of mallard ducks that seem to have taken up residency in our backyard pool and have laid eggs in the surrounding plants. I am afraid that if they hatch they will end up dead because of all the meat eating birds in the area. Why are they doing this? If I can get them to leave, where will they fly off to? I can’t seem to find any help in the town that I live in (Modesto, Calif.). I read your piece in the Modesto Bee and wondered if you had any suggestions of what I could do? (Richard, Modesto)

Answer: Unless ducks are marked with a transmitter, we can only speculate where they are headed. Most likely the ducks in your backyard are a drake and hen pair that need a safe place to build a nest. Backyard pools generally don’t have many predators so ducks often nest nearby them. Once the eggs hatch, they won’t want to hang out in the pool for long because there is no food in the water. At that point, you may want to open your backyard gate so the hen can walk her brood out to a nearby river or other water source.

Since waterfowl are protected by the U.S. Fish and Wildlife Service, you cannot catch and move them yourself. It is a state and federal violation to disturb the nest of any bird, and you can’t take the eggs or move the nest. You might try contacting a permitted local wildlife rehabilitation center to ask for advice, but wildlife rehabbers cannot possess healthy wildlife or relocate the juvenile ducks or their mother. They can only take the ducklings if they are injured or orphaned, and technically they cannot do anything about the situation you’ve described unless the ducklings become injured or orphaned.

If this happens again, try covering the pool and hazing the ducks away before they build their nest. Once the eggs are laid, a person is “technically” powerless to do anything to the nest or eggs.

For a list of permitted wildlife rehab facilities, please go to www.dfg.ca.gov/wildlife/WIL/rehab/facilities.html.


Are hooks with pinched barbs legal for fishing salmon?
Question: I was told that a barbed hook (circle or otherwise) which has had the barb “pinched down” with pliers is by law considered legal for salmon fishing. True or false? (Rick S.)

Answer: True. As long as it is pinched all the way down so there is no barb. It’s safer to just buy barbless hooks or grind off the barbs. Barbless hooks are defined as, “A fish hook from which the barb or barbs have been removed or completely bent closed, or which is manufactured without barbs” (California Code of Regulations Title 14, section 1.19).


Where’s the search authority?
Question: My friend and I disagree about a point of law. If a game warden sees that you are fishing, or have been fishing, or sees your rods and ice chests in the car, can he demand you open the car and open your ice chests? Can he demand you open the trunk also? I think this is fair because we have definitely been fishing and always have less than our limits, but my friend thinks it is an abuse of power to demand we open our trunk or car, which is our private property. If the game warden does have this right, what would happen if we refuse to comply? Thanks! (S. Love, Los Angeles)

Answer: Yes, any wildlife officer can ask for your consent to inspect a vehicle. Whether an officer has the authority to conduct an inspection when consent is not given depends upon the specific circumstances of the contact. Wildlife officers have extensive inspection authorities that are unique to their jobs. For example, it is a crime to refuse to show a wildlife officer “… all licenses, tags, and the birds, mammals, fish, reptiles or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed to be, and capable of being, used to take birds, mammals, fish, reptiles, or amphibians” (Fish and Game Code, section 2012).

Also, wildlife officers are authorized to inspect all receptacles, except the clothing actually worn by a person at the time of inspection, where birds, mammals, fish, reptiles, or amphibians may be stored or placed (FGC, section 1006).


Fishing multiple rods from shore outside San Francisco Bay?
Question: I know that you can use as many rods and hooks as you want outside the Golden Gate, but can I use multiple rods to catch striped bass and halibut from the shore? I already know that only one rod can be used for salmon, rockfish and lingcod. I have heard if you have a striped bass or a halibut in possession, then only one rod can be used. Is this true? (Eddie H.)

Answer: No, that’s not correct. Outside of the Golden Gate, if you are fishing from shore for halibut and striped bass, you can use as many rods and hooks as you want. If you were to catch another species like salmon or rockfish, however, you would have to release it, as only one line may be used for these species.

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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.

Should Anglers Release Lingcod Females?

Lingcod (photo courtesy of Matt Elyash)

Lingcod (photo courtesy of Matt Elyash)

Question: Last year before the end of rockfish season, I went on a charter boat out of Berkeley. Some of the lingcod caught were females with eggs. When do lingcod spawn and can keeping these females hurt the fishery in the future? Should we as anglers release females like we do for striped bass? I’m glad to see the size limit dropped and the season longer, but I don’t want to be back to where we were before. (Jason Green)

Answer: Lingcod and other groundfish are federally managed. Harvest management plans and stock assessments take into account the removal of both males and females when setting quotas, so fishery managers do factor in the take of females, too.

According to the latest assessment, the lingcod stock has fully recovered from their overfished status. Lingcod don’t get the bends (no swim bladder), so females can be released if handled properly.

In northern and central California, the primary reason for the current closed seasons for lingcod in late fall, winter and spring for boat-based anglers is to protect mature females that have moved inshore to spawn, and to protect the mature males that guard the egg nests.

Lingcod are a species that if handled properly can often be successfully caught and released. However, unless regulations prohibit keeping the fish (e.g. bag and minimum size limits) or the angler is releasing all fish, if it turns out the fish has been improperly handled or is bleeding and may not survive, the fish should be kept. Releasing bleeding females that may not survive in order to keep males instead just wastes fish and is not a good conservation method.

Lingcod generally spawn from November through February. Females do take longer to mature and they grow to a larger size than males. By some estimates, males only grow to 24-26 inches. Females are legal to keep, so keeping an egg-laden female would be up to that fisherman’s personal ethics.

Bottom line … female lingcod are legal to take and so it’s up to the fisherman to decide whether or not they want to.


Can kids under 16 fish alone without a license and an adult present?
Question: Can children under the age of 16 fish without a license, and alone without a licensed adult present? (Jennifer P.)

Answer: Yes. Although no license is required, keep in mind that no matter their age, everyone who fishes must know what the fishing regulations are that apply to the type of fishing they are doing, and have the good judgment to abide by them.


Using SCUBA to photograph abalone divers?
Question: I would like to photograph abalone divers diving but I need to use an air tank to obtain the imagery I want. How can I go about this without getting in trouble with a game warden? (Andrew B., Salt Lake City, UT)

Answer: It is legal for you to photograph abalone freedivers while you are using a tank, as long as you observe a couple of regulations.

The use of SCUBA gear or surface-supplied air while taking abalone is prohibited (California Code of Regulations Title 14, section 29.15(e)). Therefore, if you are using a tank while photographing abalone freedivers, you cannot assist them with taking abalone. You also cannot help them pop abalone off the rocks or spot abalone for them, or do anything else that could be construed as giving assistance in taking abalone.

In addition, under this section the possession of abalone is prohibited aboard a vessel that also contains SCUBA gear or surface supplied air. This means you will have to use a separate boat – you cannot board the same boat the abalone freedivers are using while you are using SCUBA gear.


What to do with a full-size Cheetah / Leopard mount?
Question: My uncle recently passed away and left me in charge of his estate. One of the items he left is a full size Cheetah/ Leopard taxidermy. Is it legal for me to sell it? If not what do you recommend that I do with it? (Michael C., Modesto)

Answer: You are allowed to give it away but you are not allowed to sell or trade it (California Penal Code, section 653o). You might want to contact a museum, service club or local school to see if they may have a use for it.


Crabbing overnight at the beach?
Question: I enjoy crabbing and want to go crabbing overnight at the beach. Is this legal? (Ann N.)

Answer: Yes, as long as the beaches don’t have any city, county or beach curfews, it is legal to go crabbing overnight from most beaches. (CCR Title 14, section 29.05(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.

Bowfishing for Carp – Hunting or Fishing?

Bowfishing (photo courtesy of Indian Head Ranch www.indianheadranch.com)

Bowfishing requires a fishing license and the arrow must be attached by a line to the bow or to a fishing reel (photo courtesy of Indian Head Ranch http://www.indianheadranch.com)

Question: If I want to shoot carp with a bow, do I need a hunting license or a fishing license? Are there any regulations regarding seasons, bodies of water, or specific tackle or gear that I should plan to use? (Vern D., Stockton)

Answer: While the practice of bowfishing for carp may seem like a combination of hunting and fishing, it is considered fishing and thus you are required to have a fishing license to do so. Sport fishing regulations permit bow and arrow fishing for the following nongame species only: carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey (for specific areas and exceptions, see California Code of Regulations Title 14, section 2.25 on page 15 of the sport fishing regulations booklet).

Even though California Department of Fish and Wildlife (CDFW) law might allow for bow and arrow fishing in your local area, some lakes and waterways prohibit the possession of bow and arrow equipment. You will need to check with the jurisdiction that runs the body of water (e.g. State Parks, Regional Parks, local county parks, etc.)

When bow and arrow fishing, make sure the tackle has the arrow shaft, the point or both attached by a line to the bow or to a fishing reel. This rule also applies to crossbows (CCR Title 14, section 1.23).


Shooting at varmints from a car roof top?
Question: I know it’s illegal to shoot from your car, but is it legal to park and shoot from the roof of your car for varmints? Thanks. (Harry N.)

Answer: It is always illegal to shoot at a bird or mammal from a car, including from the roof top. The law prohibits possessing a loaded rifle or shotgun in any vehicle which is standing on or along or is being driven on or along any public highway or other way open to the public (Fish and Game Code, section 2006). Loaded guns may be possessed in or on a car only while on private property; however, the law does not allow you to take any bird or mammal from a motor vehicle (CCR Title14, section 251). Remember, the definition of “take” includes any attempt to take, such as shooting at the bird or mammal. Therefore, the only shooting allowed would be target shooting


Fishing for halibut with grunion?
Question: I know that under current regulations grunion can only be caught by hand, I also know that when the grunion come inshore to spawn, the halibut frequently follow along for a feast, and it is a good time to target the flatties. So I am wondering, is it legal for me to take grunion by the legal method (by hand) and then retain them live in a bait bucket to use as live bait for fishing for halibut? Or even more directly, may I take the grunion in legal fashion and hook one up to fish the surf for halibut and other species with rod and reel while the grunion run is in progress? (Martin F.)

Answer: Yes. Grunion may be taken June 1 through March 31 and there is no bag limit. Grunion may be taken by hook and line or by hands. No appliances of any kind may be used on the beach to take them, and no holes may be dug in the sand to entrap them (CCR Title 14, section 29.00). When catching grunion on the beach, we recommend that you wait until after they have spawned and are returning to the ocean to take them.


Can my son carry a BB gun when he comes hunting with me?
Question: When go out hunting I normally take my nine-year-old son. Can my son carry a BB gun legally with him? He will not be using the BB gun to shoot at any wildlife. It mainly gives him that feeling that he is part of the hunting party. Any information you can provide is greatly appreciated. (Jose R. via e-mail)

Answer: I applaud you for introducing your son to the outdoors and including him in your hunting excursions at such a young age! Unless there is a county ordinance prohibiting the discharge of a BB gun or air rifle in the area where you’re hunting, and as long as he is not shooting at wildlife, it should be fine for your son to legally carry his BB gun with you and the rest of your hunting party. Enjoy your time together!

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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.

Can Gifted Fish Get You a Ticket?

(CDFW Photo by Jeff Weaver)

(CDFW Photo by Jeff Weaver)

Question: My husband and some friends and I were fishing in the Eastern Sierras the second day of the trout opener and we all caught some nice fish. As we were leaving the lake to return to our car, one of our friends who had a long drive ahead didn’t want to keep his fish and offered them to us. We already had our limits but he said, “You can have two limits in your possession so just say you caught mine yesterday.” We took the fish but didn’t feel right about it. Was this actually okay? (Mark S., Torrance)

Answer:No, not the way you did it. While you both were allowed to catch a limit of trout on the opening day and another limit on the second day and then have two limits in possession, by accepting his fish like you did, you could have been cited. Here’s why …

Your friend was within his rights to gift you his fish, and you were within your rights to accept them. However, without proof that these fish were actually taken legally by another licensed angler, any wildlife officer you might meet in the parking lot or along the way that you showed your fish to would determine that you and your husband were in possession of an overlimit.

To avoid a misunderstanding like this, the best way to have handled it would have been to ask the angler giving you his additional fish to write you a note clearly stating this. The note should contain the date, his name, address, telephone number and fishing license number so that the note and your story could be verified, if necessary. Otherwise, you would likely be cited for being in possession of too many fish.


Fundraising dinners to the highest bidder?
Question: What is the regulation regarding charity fundraisers and abalone dinners? We are being asked to offer an abalone dinner for six people at a fundraiser and the highest bidder wins. Although different than actually charging a set price for an abalone dinner, is it illegal to accept a “donation” from the highest bidder?  (Scott E., Walnut Creek)

Answer: You can sell a dinner to the highest bidder, but it can’t be sold as an abalone dinner. You cannot advertise or sell a dinner to someone or through an auction that gives the buyer or bidder an expectation they will receive abalone for the money they spend. Even if the money is a donation to charity or to a non-profit organization, promising abalone (in any form) for money is not legal. Sport-caught abalone (or other fish and game) cannot be bought, sold, traded or bartered. You cannot commercialize sport-caught abalone in any way. If you were to buy abalone from a commercial abalone farm, then you could advertise and promote it as an “abalone dinner.”

The only way to legally do what you are proposing is to make the entire dinner “a donation”. As long as everyone going through the meal line is not “required to pay” there is no prohibition from calling it an abalone dinner.


Fishing licenses on mobile phones?
Question: I understand that some fishermen are taking pictures of their fishing licenses with their mobile phone. If a person forgot to bring his or her license, would a picture be acceptable proof of a license? (Les E.)

Answer: No. California law does not recognize an electronic copy or a picture of a sport fishing license. You are required to have your actual sport fishing license in possession while fishing (California Code of Regulations Title 14, section 700 and Fish and Game Code, Sections 1054.2 and 7145(a)) and to present your actual license upon request to any wildlife officier who asks (FGC, section 2012). Fishing and hunting licenses are printed on special waterproof paper to prevent fraudulent duplication. A scanned or digital version of your license on your phone could be easily altered from its original image.

While every angler must have a valid sport fishing license in possession while fishing in California, the law does allow a person diving from a boat to keep the license on the boat, and a person diving from shore may keep the license on shore within 500 yards.


Tree squirrel hunting rifle?
Question:I have question regarding the type of rifle that is allowed to hunt tree squirrels. Can a Benjamin Discovery PCP air rifle be used to hunt tree squirrels during the open season? (Anonymous)

Answer:Yes, any air rifles may be used for all species of resident small game in California (CCR Title 14, section 311(f).) The only restriction is for turkey where the rifle must be at least .177 caliber.

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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.