Category Archives: Methods Of Take

Hunting and Shooting from a Mountain Bike

Shooting or taking game from a bicycle is not specifically prohibited by Fish and Game laws. However, shooting a firearm from, upon or across a public road is prohibited (Photo by Sam Soholt of Will Jenkins and provided courtesy of Cogburn Outdoors)

Shooting or taking game from a bicycle is not specifically prohibited by Fish and Game laws. However, shooting a firearm from, upon or across a public road is prohibited (Photo by Sam Soholt of Will Jenkins and provided courtesy of Cogburn Outdoors)

Question: I will soon be taking off to the mountains to do some mountain quail and tree squirrel hunting. In past years, after arriving at hunting camp, most of my hunting was done on foot and so I couldn’t cover much ground in a day. Last year I took my grandson with me to start teaching him a little about gun safety, hunting and camping in the wild. After walking for a while he got tired and wanted to rest. We were walking along a logging road and he told me he wished he had his bicycle with him. This got me to thinking that with a bike I could cover a lot more area, be basically silent, use no fossil fuel and get some much needed exercise to boot. So, for my hunting trip this year I purchased a mountain bicycle and got it geared up with saddle bags and a handle bar gun rack for my shotgun.

Now I’m all ready to go but can’t find any hunting laws, rules or regulations concerning guns and bicycles on logging roads. Here are my questions: Can I legally shoot from my bicycle while stopped with my feet on the ground or do I have to completely dismount the bicycle to shoot?

Can I have a shotgun shell in the chamber while on my bicycle (like while walking) or must I have the chamber empty and action open like when in a motor vehicle?

Can I carry a holstered six shot, black powder pistol with five rounds capped on my bicycle or do all the nipples have to be uncapped as in a motor vehicle? I don’t want to do anything illegal or get into any trouble, so I would appreciate any help with these questions. (K. Broberg)

Answer: Shooting or taking game from a bicycle, whether on it or straddling it, is not specifically prohibited in California Fish and Game laws. However, section 374c of the Penal Code prohibits shooting a firearm from or upon a public road. A logging road is not a highway but it may be a public road depending on multiple factors, including who owns and/or maintains the road. But, in any case it is advisable to always be off any road before shooting even if it is not expressly prohibited by law.

Loaded rifles or shotguns are prohibited in any vehicle or conveyance “while standing on … any way open to the public” (Fish and Game Code, section 2006). In your case the bicycle is a conveyance and the logging road is a way open to the public — assuming it is open to travel by everyone and not just to those having specific permission from the owner. Bicycles may NOT be used in designated Wilderness Areas.

California Department of Fish and Wildlife (CDFW) law does not prohibit carrying a holstered six shot, even in a motor vehicle. The loaded-gun law applies only to rifles and shotguns (Fish and Game Code, section 2006). There are other law enforcement agencies that do have strict laws against carrying loaded guns in vehicles though.


Beach curfews
Question: I happen to live on the beach and enjoy late evening beach walks but rarely do so due to the 10 p.m. beach curfew closing. I’ve heard that despite any beach curfews, you can be on the beach fishing at any hour as long as you have a fishing license and are legally fishing. If this is true I could just bring a surf rod with me at night to walk and have some fun bouncing a lure in the surf. Does that sound reasonable? (Shane S.)

Answer: Local beach curfews are often imposed for public safety and they take precedence over state ocean fishing open hours. While there are no time limitations when fishing for finfish, you must abide by the beach curfew. Sorry!


Roadkill is not food!
Question: A friend recently hit a deer, causing about $1,200 damage to the vehicle. He picked up the deer and put it in his truck to take home for food. He was stopped by a sheriff’s deputy who told him to take the deer out of his vehicle or he would be cited. I heard that it is legal to pick up “roadkill.” Can you please clarify this? (Sandy B.)

Answer: The officer was correct. It is illegal to pick up roadkill wildlife in California. No one may possess wildlife in any form unless the animal was legally taken by a licensed hunter during the hunting season for that species and while using approved harvest methods. Given this, even if the first criteria were true (your friend was a licensed hunter), motor vehicles are not a legal method of take. The next time your friend sees an animal killed on the roadway, he should not attempt to retrieve it for any purpose.


Can you lure a lobster out of a hole with a sardine?
Question: Are you allowed to lure lobsters out of a hole with a piece of sardine in your hand? (David C.)

Answer: Sure, you can give it a try, but I don’t know how successful you’ll be. The law says that skin and scuba divers may take crustaceans by the use of the hands only and may not possess any hooked device while diving or attempting to dive for them (CCR Title 14, section 29.80). There is no prohibition against waving snacks in front of them.

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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.

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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.

Local Gooseneck Barnacles on the Menu?

Close-up of gooseneck barnacles (Pollicipes polymerus) Dr. Dwayne Meadows, NOAA/NMFS/OPR

Close-up of gooseneck barnacles (Dr. Dwayne Meadows, NOAA Collections)

Question: I have a question about gooseneck barnacles. In the Fish and Game regulations it states that gooseneck barnacles cannot be taken or possessed at any time. Can you tell me why? I have spoken with California Department of Fish and Wildlife (CDFW) biologists and they did not know why but suggested I contact you. Currently, the only legal way you can obtain them is by purchasing them in a dish at a high-end restaurant. The barnacles sold in these dishes are imported from Spain. I collect mussels in season and the barnacles are nearly as prolific as the mussels, and in the same locations as the mussels. (Curt H., San Francisco)

Answer: I suspect that as with so many of our regulations, goosenecks were not included with the inverts that can be taken because no one spoke up when the list was made to say, “Hey, people eat goosenecks!” California Code of Regulations Title 14, section 29.05 lists those animals that may be taken within the intertidal zone, and no barnacles (including gooseneck barnacles) are included. These regulations are reviewed and often amended every two years and the Fish and Game Commission could consider adding barnacles to those animals that can be taken. Feel free to contact the Commission with your request (www.fgc.ca.gov/). They would ultimately decide if goosenecks could be added.


Can my estate sell my hunting gear as furniture?
Question: Can my estate sell my collection of all of my old hunting gear that I have collected over the years as a piece of furniture? I have an old hat rack with the following items on it: My father’s old hunting hat and his brother’s old hunting hat, my father’s old hunting coat and his duck strap. On the coat are some old hunting licenses (1930’s and 1940’s), various duck pins, plus 1920 and 1942 Ducks Unlimited pins, and collections of duck bands on a cord. There are also some old pheasant tags/permits in one of the pockets from this same era.

What I’m most proud of is the duck strap that contains nine different species of mounted ducks hanging by their necks. They include: hen shoveler, blue wing teal, gadwall drake, pintail drake, widgeon drake, green wing teal drake, wood duck drake, ring necked duck drake and a small cross-bred duck.Bob Stewart

I am aware that you can’t sell mounted birds by themselves, but as they are part of the piece of furniture, can they be part of the total value and all sold together? All of this vintage hunting stuff belonged to my father and uncle, but I know once I pass on, no one else in my family will have any interest in keeping the stuff. I hope my estate will be able to sell this whole collection of treasures as a piece of furniture so as to not have to break it all up and lose the duck mounts. (Bob S., Modesto)

Answer: What a great collection!! Unfortunately, as you suspected, you cannot sell the ducks. Your best bet would be to sell the other items and donate the ducks. You could perhaps take the ducks out of the collection all together but then donate the strap of birds to the person who buys the other items.


Mobile deer stand
Question: I have a deer stand that lifts up and down using a hydraulic ram mounted in the back of my truck. Is this legal in the state of California? The only way to use it is if the truck is on flat ground and not moving. (Anonymous)

Answer: Unless you qualify for a disabled hunting license, the law prohibits shooting any game bird or mammal from a motor vehicle (Fish and Game Code, section 3002). This provision also applies to a vehicle-mounted deer stand. A legal alternative might be if the stand could be mounted onto a trailer that could then be detached from the vehicle.


Sibiki rig for bait while rock fishing
Question: While fishing for rockfish we would like to have a small rod set up with a sibiki rig to catch bait fish. Do we need to remove the extra hooks and only use two hooks when fishing for bait with rockfish on board? Thanks (Dave P.)

Answer: Yes, when rockfish, lingcod, cabezon or kelp or rock greenling are aboard or in possession, only one line with not more than two hooks may be used (California Code of Regulations Title 14, sections 28.55, 28.27, 28.28 or 28.29, respectively.)

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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.

Dropping Dungeness Crab Traps Before the Opener?

Dungeness crabs (CDFW photo by Christy Juhasz)

Dungeness crabs (CDFW photo by Christy Juhasz)

Question: Is it legal to drop Dungeness crab gear prior to opening day? I’ve heard it’s legal to drop gear the day or night before opening day to let it soak overnight. I looked in the Ocean Sport Fishing Regulations booklet but couldn’t find anything indicating whether this is legal or not. If it is legal, how long before opening day can it be dropped? And how early can it be retrieved? (Fred S.)

Answer: Dungeness crab gear may not be set prior to the recreational fishing season opening date, which this year is Saturday, Nov. 1 at 12:01 a.m. (see California Code of Regulations, Title 14, section 29.85(a) and the definition of take in Fish and Game Code section 86.) Anyone setting gear prior to this date and time may be cited for attempting to take crab out of season.


Electronic spinning decoys for doves
Question: I have contacted you before and you have always been very helpful on hunting and fishing questions. This time I have one regarding dove hunting as a friend of mine wants to purchase a battery-powered spinning decoy for dove hunting for the next dove opener. Is it legal to use that type of a powered decoy for doves? They don’t seem to be the smartest of birds and may be too easily attracted to that decoy. Thanks for your help. (Joe A., Antioch)

Answer: There are NO prohibitions on electronic spinning decoys for dove hunting. The prohibitions for electronic vs wind-driven decoys are only for waterfowl from the beginning of the waterfowl season through Nov. 30.

So, tell your buddy he has the thumbs-up to go out and buy a battery-powered spinning decoy to use for dove hunting. Eurasian collared-doves are now open all year with no limits. The season for mourning, white-winged, spotted and ringed turtle doves reopens Nov. 8 and runs through Dec. 22.


Kite fishing?
Question: I live in the San Francisco Bay/Delta region and was wondering if there are any Fish and Game restrictions regarding “kite fishing.” We would like to use these specially modified kites to help us get our lines out farther than the distance we could normally cast them. Outside of local ordinances regarding powerlines and second rod licensing, is there anything that would prevent me from using a kite to get my line further away from the shore into deeper water? (Neil N.)

Answer: There are no specific regulations prohibiting the use of a kite or other windborne device (a helium-filled balloon, for example) to help you to get your line out to where the fish are.

Littering is a concern, however. Anglers have been cited for using a balloon and then releasing the balloon when a fish is hooked, or when the line reaches the desired distance from shore.

As long as you are not releasing (or losing) your kite in the process, there is nothing in Fish and Game regulations that would prevent you from using a kite in this manner. There may be local (city or county) ordinances that pertain to this, however, so please check with local authorities.”


Shotgun hunting for upland game during archery-only deer season?
Question: I have located a number of good band-tailed pigeon roosts in a remote area where I hunt with my A31 late season archery tag. It’s so remote that this year I plan to backpack in and camp in the area. If a friend wants to come with me who does not bow hunt but wants to take their shotgun to take a band-tailed pigeon, would I be allowed to use their shotgun to take band-tail if I left my A31 tag and bow back at camp for a morning? I feel confident this would be legal if we were “car camping” but I am not sure how this would be viewed legally as I will still technically be “in the field” on an archery hunt. (Stephen M.)

Answer: This would be fine once the season for band-tailed pigeons reopens unless you in an area of Los Angeles County where firearms might be prohibited.


Collecting sea palm that’s washed up on the beach?
Question: If I find some sea palm washed up on shore, can I keep it? I know you can’t pick sea palm recreationally, but since this was already dead, I see no harm in gathering. But is it legal? I know you can keep bull kelp when it washes up, so I was wondering if this was similar. (Hank S.)

Answer: The law prohibits cutting or disturbing sea palm (CCR Title 14 section 30.10). While possession of dead sea palm is technically not prohibited, removing live sea palm from the water would likely result in a citation.

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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.

Hunting in the Rut?

Mule deer in the rut

Mule deer in the rut

Question: You recently said it’s easier to hunt deer during the rut — where do you get your information? Have you compared the buck kill rates in states that allow deer to be hunted during the rut against the deer harvest in California? The buck-to-doe ratio in California is terrible. I don’t believe the deer kill in California would be any higher than in any states that allow the deer harvest during the rut. It is not that easy to hunt deer in other states during the rut. If that were true the deer kill would be huge in those states, rather than their average yearly take.

Also, why does the California Department of Fish and Wildlife (CDFW) require that those hunters that do not harvest a deer in California must still call in or go online to report a non-harvest? If 260,000 licenses are sold and 50,000 hunters report a successful kill, why do the other 210,000 hunters have to report unsuccessful hunts? You already know simply by the successful hunters reports that the rest of the hunters were unsuccessful. What possible information can you gather by asking the unsuccessful hunters to verify an unsuccessful hunt? It is redundant information. (John M.)

Answer: Bucks in rut are much more vulnerable to all forms of predation — including by humans — because all they are interested in is mating and fighting, nothing else. They don’t even eat during that time period because they are so focused on the other activities. Plus, they are usually concentrated in certain places because rut hunting usually occurs on winter ranges for migratory deer.

According to CDFW Game Program Manager Craig Stowers, the reason we don’t do more is because most California deer hunters would prefer a chance to hunt every year instead of having to wait to be drawn for a buck hunt. Our stats show hunter success numbers for late season hunts are much higher than general season hunts, thus requiring fewer hunters in the field to reach harvest goals. To view all of the harvest reports posted online, please go to www.dfg.ca.gov/wildlife/hunting/deer/deerhunt.html.

It would make sense if the other states you are referring to are whitetail states where they are actively trying to reduce populations. That would explain why they actively hunt in the rut.

We ask the success questions because we need to determine more information than just how many deer are killed. We want to know why people were unsuccessful. For example, if they were unsuccessful because they didn’t even go hunting, we need to delete their information from the harvest results to give a true picture of success — those that don’t even try shouldn’t be included in the calculations. We ask other questions like days spent hunting so we can paint a better picture of the amount of time and money hunters spend — all factors we use to justify the continuation of hunting. It’s not just about figuring out how many deer are killed.


Chopped up carp chum?
Question: Is it legal for me to catch carp and then chop it up to use as chum when I go ocean fishing? (Chris S.)

Answer: Yes, carp can be legally used as chum in ocean waters. In inland waters, chumming is legal in only a few freshwater lakes and streams. For a list of acceptable waters, please check section 2.40 in the Freshwater Sport Fishing Regulations booklet.


Is it illegal to have a trout on a stringer?
Question: I know that trout may not be maintained or possessed in a live condition in any container on or attached to any boat, but is it also illegal to have trout on a stringer? We like to keep our catch on a stringer and the stringer in the water to preserve the meat. We do not attempt to keep trout alive with the intent of changing out the smaller ones. We just enjoy a good fish fry. Thank you for any help. (Stas and Holly A., Buena Park)

Answer: Keeping your fish on a stringer in the water is perfectly fine. The fish cannot swim freely when on a stringer, and this method does help to keep them fresh until you’re ready for your fish fry!


Fishing for sanddabs
Question: When fishing for sanddabs, how many hooks can be attached to the line on a single rod? (Len P.)

Answer: You may fish for sanddabs with as many hooks as you like on a single rod, unless rockfish, lingcod or salmon are on the vessel or in possession, in which case special restrictions apply (California Code of Regulations Title 14, section 28.65).

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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.

Why Don’t Some Deer Shed Their Antlers?

Stag1

Deer that don’t shed their antlers are commonly called “stags”. This is usually the result of some kind of injury (or maybe deformity) of the testicles. Weird looking antlers can also result from injury to the antlers while in velvet. (Photo by Carrie Wilson)

Question: I recently heard about a few Southern California bucks that seem to carry their antlers year round. One person I heard from insisted they were mountain biking and repeatedly saw the same deer in January and in May with a 4×3 rack. While I disagreed with the person telling me this, I admitted I am no biologist and didn’t know what they were seeing. Do some deer out here not shed their antlers? I was under the impression that even though nutrition, water and climate might affect when they shed, that deer always shed their antlers. Can you share some info or point us in the right direction to learn more about the antler shedding process here in SoCal? (Al Q.)

Answer: Deer that don’t shed their antlers are commonly called “stags”. This is usually the result of some kind of injury (or maybe deformity) of the testicles. Testosterone plays a role in both antler development and shedding, so injuries can really affect the types of antlers they have. Weird looking antlers can also result from injury to the antlers while in velvet … but those kind usually fall off normally and are replaced the next year with “normal” antlers.

So, this proves there are indeed exceptions to every rule — even biological ones!


Incidental take while spear fishing?
Question: What happens if a spearfishing diver spots a large fish and shoots and spears it without realizing until too late that it’s a giant (black) sea bass or another prohibited species? Then after the fish is speared and brought to the surface, the spearfisher identifies they have a fish they can’t take or possess and promptly returns it to the ocean. Has the spearfisher violated any laws?

A fisherman (angler) who catches a prohibited species while fishing for other species can argue that the take was unintentional/incidental. Could the spearfisher successfully make a similar argument? (Steve H.)

Answer: Spear fishermen are responsible for identifying their targets before they pull the trigger and can be held accountable for shooting a prohibited species. They are also responsible for ensuring that any fish they shoot meets the minimum size limit requirements for that species, again, before they pull the trigger.

A short lingcod or illegal giant sea bass, for example, is unlikely to survive after being shot by a spear fisherman who has the ability to select his target carefully; a short or illegal fish is much more likely to survive being hooked and released by an angler fishing from a boat, who cannot selectively target which individual fish he wishes to catch.

If a diver is unsure about the size or identity of the fish he/she’s aiming at, he/she should choose a different target. Shooting a fish that you’re unsure of could be illegal, and we believe that many spear fishermen would consider it unethical, as well.

All of these same principles also apply to hunters. No one with a rifle, shotgun, spear gun or even bow should pull the trigger unless absolutely 100 percent sure that their intended target is of legal size, species, gender, etc. An accurate (or even lucky) shot made, but with an error in judgment, isn’t worth the repercussions of breaking the very laws enacted to protect the state’s fish and game.


Why the health warnings for brown trout?
Question: In the fishing regulations there are safe eating guidelines for Donner Lake. I am trying to figure out why there are different recommendations for brown trout compared to rainbow trout. The guidelines suggest people eat only one serving of browns vs. seven servings of rainbows. Why? (Tim Worley)

Answer: The recommendations in our regulation booklet are from the Office of Environmental Health Hazard Assessment (OEHHA). The recommendations are probably from actual studies done by OEHHA of mercury levels in edible flesh from these two species from Donner Lake.

According to Dr. William Cox, California Department of Fish and Wildlife (CDFW) Program Manager of Fish Production and Distribution, we do not plant brown trout in Donner and so those fish are essentially wild and older in the system. Therefore, they have been on natural diets and accumulating mercury from the naturally occurring insects and aquatic life that comprises their food chain.

CDFW does plant rainbow trout in Donner as part of what we call a “put-and- take” fishery. For most of their lives those fish are not eating natural feeds, and are generally not piscivorous like the brown trout, so they accumulate much less mercury. Humans, especially children and women of child bearing ages, need to limit their intake of mercury because it can have serious health effects, including death.

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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.

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.