Category Archives: Saltwater Fishing

Stowing Gear through Marine Reserves?

Posted on May 16, 2013 | Leave a comment
Fishing gear shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area. (Photo by Carrie Wilson)

Fishing gear shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area. (Photo by Carrie Wilson)

Question: I would like a definition of “stowed” in regard to fishing gear while transiting a state marine reserve. The reason I ask is that a sport fisherman reported he was stopped by a patrol boat at the Channel Islands and told he could have been cited for having his rods in the rod holders. He was told he should have had them in his small cuddy.

It does not seem reasonable to require my buddies and I “stow” all our rods and reels in my cabin every time we need to make a move across a state marine reserve. Or when we are at an island, we should not be required to drive six miles out, then whatever distance across, and then back in another six miles … at $4 or more a gallon. All of this would be quite a hardship for those of us fishing from private sport boats just to stow our fishing gear when maneuvering around state marine reserves. (Fred H., Anaheim)

Answer: There is no requirement for equipment to be stowed under the Marine Life Protection Act laws covered in section 632 of the California Code of Regulations Title 14. CCR Title 14, section 632(8) covers the law you are referring to as follows:

Transit or Drifting. Vessels shall be allowed to transit through marine protected areas and marine managed areas with catch onboard. Fishing gear shall not be deployed in the water while transiting through a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area.

How to catch an octopus?
Question: My Italian grandmother asked my brother and me to bring home some fresh octopus so that she can make her favorite pasta dish. The only problem is we don’t know how to catch them. Can you help us out? (Joe K.)

Answer: You will have to be creative on this one. Fortunately, there are no size limits on octopus and the bag limit for each of you is 35 (CCR Title 14, section 29.05(a)). California sport fishing regulations allow you to catch them only by hook and line or with the hands (CCR Title 14, section 29.10(a)). You cannot catch them with traps or spears. The most common way to successfully catch them in California is by hand while diving with snorkel or scuba equipment. It’s also unlawful to use any chemicals, such as bleach, to attempt to disturb octopi from their hiding locations.

Use of electronic calls out of season?
Question: I was wondering if it is legal to use electronic calls for animals and birds out of season for things such as bird watching or scouting? I have heard yes and no from different people, so I want to clarify. Also is it even legal to call with non-electronic calls out of season? (Taylor F.)

Answer: Yes, this would be legal as long as you do not have any methods of take with you. The prohibition against electronic calls only applies when “taking” birds/mammals (Fish and Game Code, section 3012 & CCR Title 14, section 475(b)).

Don’t eat those mussels!
Question: Yesterday we collected a few mussels at low tide at Chicken Ranch Beach with the kids (past the Inverness Yacht Club). They are of a decent size, about 3 to 4 inches, and all black. Are they safe to eat? (Ben)

Answer: Don’t eat those mussels! There is currently an advisory out against consuming sport-taken shellfish in Marin County – please see www.cdph.ca.gov/Pages/NR13-009.aspx . A great Q&A about mussel quarantines is located at www.cdph.ca.gov/Pages/MusselQuarantineFAQ.aspx. The California Department of Public Health shellfish biotoxin information line is (510) 412-4643 or toll-free at (800) 553-4133 – you can check with them at any time to see whether there are advisories in effect for your area. And finally, the California Department of Fish and Wildlife (CDFW) posts advisories on the CDFW website at www.dfg.ca.gov/marine/healthadvisory.asp.

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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 Cal.Outdoors@wildlife.ca.gov.

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Posted in Uncategorized, Tackle, Methods Of Take, Methods Of Take, Food/Health, Wildlife Encounters, Invertebrates

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Archery Practice Down a Dirt Road?

Posted on May 9, 2013 | 1 Comment
(Photo by Michigan DNR)

The most important factor to always keep in mind while archery shooting is public safety (Photo by Michigan DNR)

Question: My neighbor who lives a few houses down from me has a 15-year-old son who shoots his BB gun in his backyard. I used to shoot my bow in my backyard until my dad found out it’s illegal. I am 13 and live in the mountains of Southern California (close to San Bernardino) and am hoping it might be legal to practice my archery by shooting down a dirt road? Can you please let me know ASAP? Thanks. (Ashmanger)

Answer: Generally, Fish and Game Code laws only regulate the use of archery equipment or firearms while hunting. However, the same rules for firearms apply to archery equipment in this situation – you may not shoot over or across a road or within 150 yards of a neighbor’s home, barns or outbuildings, even if just archery target shooting (Fish and Game Code, section 3004). If you are on a private road on private property (off the public roadway), no Fish and Game Code law prohibits target practice with your bow and arrow. Beyond this, different counties and communities may have more restrictive ordinances that they enforce so you should check with your local law enforcement office for this information.

The most important factor to always keep in mind is public safety. Well-traveled roads and highways, or even those occasionally traveled, are not appropriate places to shoot. If you were to injure another person or livestock, or damage property, you could be subject to civil and possibly criminal prosecution. While shooting even just off a road may be legal, it may not be safe.

Hooks for salmon in San Francisco Bay?
Question: When fishing for salmon from the bank in the San Francisco Bay with spinning lures, is a single barbless hook ok or does it have to be a barbless circle hook attached to the spinning lure? (Terry D.)

Answer: Barbless circle hooks are only required when fishing with bait and angling by any means other than trolling. Since you’re not using bait, no circle hooks are required, even though you are not trolling. You must be doing both things – using bait, and fishing in a manner that is not trolling – to be required to use barbless circle hooks. In addition, you should be using no more than two single-point, single-shank barbless hooks with your spinning lure (California Code of Regulations Title 14, section 27.80.)

Fishing attractant or pollutant?
Question: I have heard that spraying WD-40 on a fishing lure as a fish attractant works well. Is it legal to use? There seems to be much confusion as to what is actually in WD-40. I would also like to know if the sunscreen I put on before entering the water is hazardous to marine life. (Ray I.)

Answer: It is not legal to spray WD-40 on your fishing lures as an attractant. The same goes for any substance that may be harmful to fish (e.g. sunscreen).WD-40 contains petroleum and is specifically prohibited by law to be deposited or introduced into the waters of the state (Fish and Game Code, section 5650). When it comes to sunscreen, I would just try to use discretion as any foreign substance, even sunscreen, may carry chemicals that may be harmful to fish and other aquatic life if introduced in large enough quantities. General rule of thumb is when applying sunscreen, wait 20 minutes before swimming for it to completely soak into skin so that it is less likely to wash off in the water.

How to determine private vs public property?
Question: How do I find if a body of water is legal to fish out of? I am wondering about a local lake with a public road that leads up to it. There are no private property signs posted anywhere. However, from a boat you can see signs are posted in some of the yards. (Anonymous)

Answer: Even though private property perimeters are required to be either fenced, under cultivation, or posted with no trespassing signs at 1/3 of a mile intervals (Penal Code Section 602.8) so the public knows or can determine correctly if the property is private, it’s best to stay on the safe side. If you can’t find signs specifically prohibiting access, trespassing and fishing, you may want to contact your local sheriff’s office, which should be able to define which waters and properties are public, which are private and where the boundaries are.

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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.

The most important factor to always keep in mind while archery shooting is public safety

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Posted in Uncategorized, Saltwater Fishing, Tackle, Archery

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Remote-Controlled Electric Aircraft in California Reserves?

Posted on April 25, 2013 | Leave a comment
Yolo Bypass Wildlife Area (Photo by Robert Sahara)

Yolo Bypass Wildlife Area (Photo by Robert Sahara)

Question: I am a conservation advocate and an avid wildlife photographer. Over the last several years, I have been photographing birds and landscape views of Southern California’s wildlife areas. I am interested in expanding this documentation with video, and in particular aerial video taken from a remote-controlled electric helicopter. While I am very aware of the need to not disturb or harass local wildlife, I am wondering if there are regulations that restrict or prohibit the use of RC-aircraft in or around the perimeter of ecological reserves and conservation areas? (Bill K.)

Answer: There is no general prohibition against using radio-controlled “vehicles” in wildlife areas (California Code of Regulations Title 14, section 550). However, in ecological reserves, prohibitions against: 1) disturbing any bird, mammal, etc.; 2) operating vehicles; and 3) operating any type of aircraft or hovercraft without permission may apply (CCR Title 14, sections 630(a)(1) & (a)(4) and (a)(17)). There is also a provision that prohibits the use of any motorized, hot-air, or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing 48 hours after any big game hunting season in the same area (CCR Title 14, section 251(a)). In addition, a permit could be required if there are concerns your aircraft will “ … herd or drive… or disrupt animal’s normal behavior patterns, which includes, but is not limited to breeding, feeding or sheltering …”

Under federal regulations, this may be illegal if you are using the video for any commercial purpose.  “Under current federal aviation rules, using unmanned aircraft — what commonly are referred to as drones — for commercial purposes is prohibited in the United States.”

Please contact the Regional Manager for the area you intend to visit for information on the application of these laws. For a list of contact numbers available, please go to www.dfg.ca.gov/regions/.

Serving abalone at a fund-raiser?
Question: My husband and I are residents of both Humboldt and Sutter counties. We occasionally dive for abalone in Humboldt where we live. If we don’t consume them right away, we freeze them whole in the shell as the local game warden advised us years ago. I also work for a nonprofit hospice in Sutter County and they are having a fundraiser in May at a private house, where many of our staff will prepare appetizers for 100 guests. I want to prepare abalone appetizers from three abalone that we already have tagged and frozen from last season. The event is being professionally catered for the meal and dessert and so they are selling tickets, but no one is paying for or making money from the abalone I want to cook. The abalone is such a minuscule part of the meal. I just want to make sure I am allowed to bring it to an event like this and I was not able to find anything specific about that in the regulations. Please advise. Thank you. (Amy M., RN)

Answer: Sport-taken abalone may not be bought, sold, bartered or traded (Fish and Game Code, section 7121.) If sport-taken abalone are used for a non-profit fundraising dinner, then the cost of attending the dinner must be advertised as a requested donation to the organization putting on the dinner. In your situation, if you are just providing a few abalone for an appetizer, and as long as the dinner is not advertised to contain abalone in order to sell more tickets to the fund-raising dinner, then I think that would be ok. However, you should contact your local game warden where you will be having the dinner to confirm they are in agreement.

Running dogs with GPS for pigs and coons?
Question: Since bear and bobcat hunting with hounds is now banned in the state of California, can we still use GPS collars on hounds for hunting pigs, coons, etc.? (Dean C.)

Answer: You may use dogs to hunt raccoons and pigs, however, the use of GPS collars is prohibited (CCR Title 14, section 265(d)(2)).

Poke poling – need a license?
Question: Do I need a fishing license to poke pole for monkey-faced eels? (Anonymous)

Answer: Yes, the only exceptions are if you are 15 years old or younger or if you are fishing from a public pier or the most seaward jetty of a public harbor. Otherwise a fishing license is required and all regular fishing regulations apply.

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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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Posted in Abalone, Licensing/Permits/Stamps/Report Cards, Lines/Rods/Equipment, Methods Of Take, Saltwater Fishing, Selling animal parts, Tackle, Uncategorized

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