Category Archives: Saltwater Fishing

Shotgun for Protection When Fishing?

(USFWS photo)

(USFWS photo)

Question: I would like to know if I can carry my 12-gauge shotgun for protection when I’m fishing from the shore. I have a fishing license and the chamber would be empty. Would it be legal? (Aaron A.)

Answer: In many locations along California’s coastline it would be unlawful to have a firearm with you. There are rules specific to state and national parks, wildlife refuges (Fish and Game Code, section 10500(b)) and marine sanctuaries, as well as local and county laws that would make it unlawful to carry a firearm while fishing along the coastline. In order to answer your question, we would need to know where you intend to carry the shotgun. In addition to the locations above, it is unlawful to carry a loaded gun in a public place in an incorporated city (Penal Code, section 25850), e.g. the entire shoreline of San Francisco. Simply having the live ammunition attached to the firearm in any manner constitutes “loaded” for purposes of this section.

Photography in marine protected areas
Question: It is my understanding that on land, CDFW takes care of things in Marine Protected Areas, and in the water, it is the responsibility of NOAA National Marine Sanctuaries. Can one take pictures within the marine protected areas on land or sea and sell them for commercial purposes or does one need a permit? (Lisa W.)

Answer: MPAs are managed by several different agencies, so the answer will vary depending upon the MPA. If the MPA is part of the state park system, you may be required to obtain a permit for commercial photography from the California Film Commission (CCR Title 14, section 4316.) If the MPA is part of a county park, a permit may be required depending on the county. For example, San Mateo and San Francisco counties both require permits for commercial photography in their county parks.

One pig tag for each feral pig taken?
Question: Am I correct in assuming that, similar to deer tags, one must have one pig tag for each feral pig taken, or does the purchase of one pig tag legally allow for taking multiple feral pigs? I saw your comment on a recent feral pig question where you said there is no daily bag limit on feral pigs, but I am assuming that this would mean one would still have to have multiple tags for multiple feral pigs taken over a given time frame. (W.B.)

Answer: Yes, you are correct. Although there is no daily limit for wild pigs, you must possess a tag prior to pig hunting for each pig you intend to take.

Pistachio farmers shooting ravens on my property?
Question: I live about 50 acres away from a pistachio orchard. The owners of that orchard drive around and shoot at the ravens out of their truck. They park in front of my property and shoot at the ravens. I called the sheriff and he said to call Fish and Wildlife since the farmers have a depredation permit and so it’s out of their hands. The farmers also told the sheriff that they are shooting blanks. Since this has started happening, I have found three dead ravens on my property. One was right next to my horses’ watering trough and the other two were out our back door near our barbecue grill.

The orchard owners can see when we are home or away by our vehicles. We live on 10 acres and our house is in the middle of the property. I feel unsafe and creeped out. I came home today to find the third dead raven. Are they allowed to do this? How can I keep them away from my property? Do I have any rights or does their permit supersede my rights? I’ve been taking pictures of the dead ravens. One is even in my freezer. What is my next step? Is there a season they kill the ravens or do they have free rein to do what they want? I have a child and animals and I’m afraid for their safety. (Cindy P.)

Answer: The first place to start is to contact your local wildlife officer to report this. If you don’t have their direct number, contact your local CDFW office. A list can be found on our website at The wildlife officers should be able to look up the conditions of the owners’ permits and make sure they are acting within the parameters allowed by the permit. At a minimum, it is illegal to shoot within 150 yards of any occupied dwelling without the permission of the occupant. There is no open hunting season for ravens.

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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

Hunting Big Game using Cell Phones and Radios?

Hunting while using the assistance of cell phones and radios is legal in California but many don't consider it ethical (USFWS photo)

Hunting while using the assistance of cell phones and radios is legal in California but many don’t consider it ethical (USFWS photo)

Question: Is it legal while hunting big game to have a spotter guide a hunter to the animals using cell phones or radios? (Frank H.)

Answer: While it’s illegal in some states, it’s not in California. In states where it is banned, it is because they believe using radios and/or cell phones while big game hunting is not an ethical method of stalking and hunting wildlife. Currently, California has no such law and so radios and cell phones are legal.

Black Cod – Sable
Question: We occasionally venture offshore for albacore later in the season and are wondering if it is legal to sportfish for black cod or sablefish in deep water. We are talking about 800 feet or deeper waters using deep drop gear. We see commercial fisherman out there long lining for these fish. (Peter C.)

Answer: What you describe is not legal. There are six Recreational Groundfish Management Areas along the coast of California (see page 9 of the 2015-2016 Ocean Sport Fishing Regulations booklet). Depending on the management area, the depths range from approximately 120 feet to 300 feet. The only allowance for a recreational boat to possess groundfish, including sablefish/black cod, in areas deeper than allowed or closed to the take of groundfish, is when that boat is in transit with no fishing gear in the water (California Code of Regulations Title 14, section 27.20(b)). There are a few species exceptions, like Pacific sanddabs, which is why the angler must carefully read the section pertaining to the management area where he/she will be fishing.

Slingbow modification
Question: I have a few questions regarding using slingbows in my area and possible changes to my method. I want to get into slingbow fishing since spearfishing in freshwater is illegal in my area (San Luis Obispo County). Is it legal here in this county? And if so, is it restricted to above the water’s surface or can I shoot fish underwater using snorkel and mask?

Second question … If it is legal to use a crossbow underwater, instead of using arrows, would it be legal to shoot carp with a Hawaiian sling shaft from a slingbow if it’s attached to a line or reel? If not, is it restricted to arrow use only? (Anonymous)

Answer: Using a slingbow or crossbow underwater would constitute spearfishing and would not be legal as spearfishing is defined as “the taking of fish by spear or hand by persons who are in the water and may be using underwater goggles, face plates, breathing tubes, SCUBA or other artificial underwater breathing device” (CCR Title 14, section 1.76).

A slingbow would only be legal as bow and arrow fishing tackle if the arrow is attached to the slingbow by a line or attached fishing reel (CCR Title 14, section 1.23). But, in San Luis Obispo County, all public lakes have ordinances prohibiting possession of bow and arrow fishing tackle on or along these water bodies. So a slingbow with attached line/fishing reel could only be used on private ponds or lakes and only for fish species listed under section 2.25 on page 15 of the current Freshwater Sport Fishing Regulations booklet.

How to stop neighbors from leaving food and water for wildlife?
Question: What can be done legally to stop my neighbors from leaving food and water outside for animals? Raccoons and rats have invaded our homes and yards and are leaving unhealthy feces behind, tearing the fabric on our patio furniture and causing other problems. How can we get them to stop? (Sally S.)

Answer: Many people think they are helping wild animals when they provide food and water for them. However, all they are doing is luring the animals into conflicts with people living in the area. CDFW provides information about the inadvertent negative results on our website (search for “feeding wildlife”). You could start by educating your neighbor about the harm they are doing by providing them some of the information, and then hope that their heart is in the right place and they will stop. If the actions continue, some cities have passed local ordinances that make it illegal to feed wildlife, and CCR Title 14, section 251.1 makes it unlawful to harass wildlife (causing them to alter their normal behavior), which can include feeding them. Hopefully, educating your neighbors will preclude having to get law enforcement personnel involved.

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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

Bass Fishing Beyond Limits?

Bass anglers competing in a CDFW-permitted fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Bass anglers competing in a CDFW-permitted bass fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Question: I was reading one of your responses to a trout fisherman’s question regarding continuing to fish and practice catch and release after he had five trout on his stringer. The short answer was no, because “…catch-and-release fishing is not legal unless you’re still under your maximum bag limit.” I’m a bass fisherman and if that’s the case, it would seem to conflict with me culling fish once a limit is reached in a tournament. Are we violating the law? (Jim V.)

Answer: You are correct that is most cases once an angler reaches their bag limit they cannot continue fishing. However, a special provision has been made for California Department of Fish and Wildlife (CDFW)-permitted and approved bass fishing tournaments to allow black bass anglers only during the tournament to keep fishing once five fish are in possession (California Code of Regulations Title 14, section 230). They must cull one of these fish immediately upon catching a sixth in order to never be in possession of more than five bass at one time.

Harvesting barnacles attached to floating driftwood?
Question: I read your answer recently about how barnacles cannot be harvested in the intertidal zone. Is there a way of legally obtaining Gooseneck barnacles to eat? When I’m way out in the ocean on a boat, I often see floating logs, driftwood and other debris. If it has been floating for a long time, more often than not I will find there are a large number of Gooseneck barnacles attached to the submerged side. Since they are not being taken from the intertidal zone (1,000 feet of shore), would they be legal to take? (Joe K.)

Answer: Yes, if the barnacles are attached to floating logs or driftwood, it would be legal and the limit would be 35 (CCR Title 15, section 29.05(a)). The only problem now is that for much of the debris off our coast that has been in the water long enough to have large numbers of Gooseneck barnacles, there could be health concerns if the wood originated in Fukashima, Japan, due to the possibility of contact with radioactive materials. You’d want to carefully consider how badly you want to harvest those barnacles!

Hunting with a depredation permit
Question: I have several related questions regarding hunting. If I have a pig depredation permit, can I legally carry a firearm and a bow while hunting deer during the archery season? Does the person who helps me with my pig problem need a hunting license? Lastly, is there an expiration date on a depredation permit? (Bill)

Answer: When deer hunting during an archery season, you may not possess a firearm of any kind.

Regarding the pig depredation permit, if you are listed as one of three allowed designated shooters on the permit, you may remove property-damaging wild pigs under conditions listed on the permit. All depredation permits have an expiration date listed on them. Someone “assisting you” with the depredation permit should also be listed as a designated shooter. No hunting license is required for a person authorized under a depredation permit. The person assisting you has to be at least 21 years old and may not have a conviction of wildlife law in the past 12 months.

Bringing a stuffed polar bear mount into California?
Question: A relative of mine owns a stuffed polar bear which is currently located in Idaho at my uncle’s house. I have another elder relative who would like to take it but is not able to drive that far to pick it up so he asked me to do it. However, I am concerned because I’m not sure about the laws and regulations for this kind of thing for simply picking it up in Idaho and bringing it to California. What are the laws and am I able to do this? (Andrew M.)

Answer: So long as you comply with the declaration requirement in Fish and Game Code, section 2353 and have no intent to import or possess the polar bear for commercial purposes, you are not prohibited from transporting it into California. Importations for commercial purposes, possession with intent to sell, and the sale within California of any part of a polar bear is prohibited (Penal Code, section 653o). In addition, the sale, purchase or possession for sale of any bear or bear part in California is prohibited (Fish and Game Code, section 4758).

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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

Fishing With Glitter May Bring More Than Big Fish

CDFW photo by marine biologist Derek Stein

(CDFW Photo by Marine Scientist Derek Stein)

Question: I have been studying up on different methods of spear fishing while free diving and have read about the use of “glitter” as an attractant for bait fish. I have an idea to sprinkle glitter in the water so that when the bait fish come to investigate, the large game fish will follow and be caught as they attack the bait fish!

What are your views and the legal ramifications of this method? I understand chumming is not legal for taking game animals in our state, but the use of artificial lures is. With my idea the game fish would not be chummed by this method but instead just attracted by the collection of bait fish. If this method actually works, would it be legal? (Theodore G., Stockton)

Answer: You have an innovative idea there. Unfortunately, even if your plan to lure unsuspecting fish to you by sprinkling shiny, sparkling glitter in the water were to work, you could be cited for doing so. Placing glitter in the water is littering and is prohibited under Fish and Game Code, section 5652.

The activity you describe would be considered chumming and chumming is defined as “placing any material in the water, other than on a hook while angling, for the purpose of attracting fish to a particular area in order that they may be taken” (California Code of Regulations Title 14, section 1.32). Chumming in the ocean is allowed (as long as the chum is not considered to be litter), but chumming in freshwater is typically not permissible except in specific areas and for certain fish species (see CCR Title14, section 2.40).

Prohibited from retrieving deer from private property
Question: I recently shot a doe with my A31 tag in Los Angeles County (Archery Only-Either Sex). It appeared to be a lethal shot from 22 yards with decent shot placement. I tracked the blood to a privately owned ranch 100 yards away. I stopped tracking it when it appeared she went onto the ranch property. I then approached the ranch manager to get permission to continue tracking my deer. The owner initially agreed but after one of her coworkers talked to her, she retracted her permission (approximately 10 minutes from the time we spoke in her office). She requested that we leave her property at once as she didn’t want people to think they approved of hunting. I didn’t have enough time to locate my deer and left broken-hearted.

I don’t like seeing animals die or suffer for no reason. I would never have shot if I would have known I couldn’t recover her. I believe I did everything legal and correct but it shouldn’t be right that a deer goes to waste because of the bias of a property manager.

Is there anything I could have done to recover my deer? Do I have any rights or is there anyone I could have contacted? I’m still sick over the situation. (Luke G., Loma Linda)

Answer: It’s unfortunate that this happened. Although the law prevents one from wasting the deer, the law does not permit the trespass to retrieve it. Perhaps, if you’d contacted the local game warden, they may have been able to contact the ranch manager or owner for some possible assistance to prevent the deer from going to waste.

According to California Department of Fish and Wildlife (CDFW) Lt. Todd Tognazzini, when archery hunting it is recommended to hunt farther from private property boundaries to avoid this type of problem as deer taken with archery usually travel farther after a lethal wound than those shot with a rifle. Tognazzini says he has never been refused when a fresh and legitimate blood trail is found leaving public land onto private property.

Where does inland end and ocean begin?
Question: I would like to fish with two rods in the Delta but don’t know whether the regulations are in the freshwater books or in the ocean books. Is the Delta part of the ocean regulations or is it considered inland waters? Where does it change from ocean to inland if considered inland? (Brian S., Felton)

Answer: You can legally fish in the waters of the Delta with a second rod stamp. Inland regulations apply from upstream of the Delta to Carquinez Bridge. The definition of inland waters vs ocean waters is, “Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco and San Pablo bays downstream from the Carquinez Bridge, the tidal portions of rivers and streams flowing into San Francisco and San Pablo bays, and the waters of Elkhorn Slough …” (CCR Title 14, section 1.53).

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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

If Land is Not Posted, Can it be Hunted?

Kids take part in a managed youth hunt with the help of guides and parents on a state wildlife area. (Photo courtesy of MDC)

Question: I have two questions about a recent press release announcing the dove opener. First of all it states: “Hunters must have written permission from the landowner prior to hunting on private land.” I believe this is incorrect. If the property is POSTED, a hunter must have written permission. If it is not posted, there is no requirement for the hunter to know it is private and therefore stay out. The law is written a little odd, but I think this is the agreed interpretation.

My second question is regarding the press release statements, “It is illegal to hunt within 200 yards of an artificial water source for wildlife.” I have never seen this before. What is that statute? My understanding of the law was that a hunter many not park a vehicle or camp with 1/4 mile of an artificial water source and that he could not stay on the water source for more than 30 minutes. However, it’s perfectly legal to hunt right up to and across a guzzler (or other artificial water). (Jim Mathews)

Answer: Regarding your first question, you are correct that hunters don’t always need to have written permission from the landowner to hunt on private lands. Hunters are required to obtain written permission prior to hunting on private land that is fenced, cultivated, or where signs forbidding trespass or hunting are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering those lands (Fish and Game Code, section 2016). However, the California Department of Fish and Wildlife (CDFW) advises hunters to respect the property rights of others. CDFWs hunting regulations booklets all state:

“If the land you hunt on is not your own, it belongs to someone else. Make sure you have a legal right to be there. Contact the owner or person who administers the property, and secure written permission to hunt. A hunting license does not entitle you to enter private property.”

This is always the best practice. Public land managers may restrict hunting activities, too. Unfortunately, one of the most common perpetuations of a negative image of hunting is hunter trespass. Land owners are never pleased to find strangers with guns on their property without permission.

For the entire language of the hunter trespass law, please go to and search using Code = FGC and Section = 2016.

As far as your second question, you are referring to the regulation for Camping Near or Occupying Wildlife Watering Places (California Code of Regulations Title 14, section 730). The regulation does not apply everywhere, and it specifically lists the prohibited activities and the locations where they are prohibited. The press release should have referenced “wildlife watering places” as those are the exact words from the regulation.

Wildlife watering places are defined as: “Waterholes, springs, seeps and man-made watering devices for wildlife such as guzzlers (self-filling, in-the-ground water storage tanks), horizontal wells and small impoundments of less than one surface acre in size.”

“Camping/Occupying” is defined as: “Establishing or inhabiting a camp; resting; picnicking; sleeping; parking or inhabiting any motor vehicle or trailer; hunting; or engaging in any other recreational activity for a period of more than thirty (30) minutes at a given location.”

Under this regulation, hunting is prohibited within 200 yards of the following:

• Any guzzler or horizontal well for wildlife on public land within the State of California.
• Any of the wildlife watering places on public land within the boundary of the California Desert Conservation Area as depicted on the Bureau of Land Management maps of “Calif. Federal Public Lands Responsibility,” “Calif. Desert Conservation Area” and the new “Desert District, B.L.M.”

Hunting is also prohibited within one-quarter mile of the following wildlife watering places:

(A) Butte Well – Lassen County.
(B) Schaffer Well – Lassen County.
(C) Tableland Well – Lassen County.
(D) Table Mountain Well – Lassen County.
(E) Timber Mountain Well – Modoc National Forest, Modoc County.
(F) Belfast Well – Lassen County.

For the entire language of this section, please go to and search using Title = 14 and Section = 730.

Shell collecting prohibited on Newport Beach?
Question: I often walk on the beach in Newport and collect any shells that appear to be in good shape. Recently a city official told me I cannot collect shells on the beach. Are there specific local, state or federal laws or regulations governing the collection of common shells on the beaches of Newport? (Lori, Newport Beach)

Answer: Unless the beach is part of a Marine Protected Area with Title 14 regulations that specifically prohibit collection of shells or nonliving marine resources, Fish and Wildlife laws don’t prohibit shell collection. If a city official told you that you cannot collect shells, then there may be a city ordinance. You should check with the City of Newport Beach.

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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

Blue Crabs, Drones to Track Wildlife, Crayfish Traps and Abalone Trips

Portunus xantusii (swimming crab) has been found in recent years residing in Mission Bay, San Diego (CDFW photo by Travis Buck)

Portunus xantusii (swimming crabs) have been reported in Mission Bay, San Diego in recent years. Live crabs show more of a bluish or purplish coloration (CDFW photo by Travis Buck)

Question: I have seen what appears to be blue crabs in the Mission Bay area of San Diego that look like crabs normally found in the southern U.S. What are these? What is the limit, size and permitted way of catching them in California? I cannot seem to find it in the handbook. (Don F.)

Answer: The California Department of Fish and Wildlife (CDFW) has received several reports of blue crabs, Callinectes sapidus, in the Mission Bay area of San Diego. However, none of the reports thus far have been substantiated. According to CDFW Marine Environmental Scientist Travis Buck of San Diego, the crabs you have seen are most likely Portunus xantusii (swimming crab), which are native to Southern California and resemble the East Coast/Gulf of Mexico blue crab.

To harvest these crabs, you will need a California sport fishing license with an ocean enhancement stamp. There is no closed season or minimum size limit, the bag limit is 35 and these crabs may be taken by hand or with a hoop net. No more than five hoop nets may be used per person from a boat and no more than two per person from a pier or jetty. There is a maximum of 10 hoop nets per vessel. Also, divers may not possess any hooked devices while diving for crustaceans, including crabs.

Regulations for these crabs fall under section 29.05, “general regulations for invertebrates,” and 29.80, “gear restrictions for crustaceans,” found on pages 46, 49 and 50 in the current Ocean Sport Fishing Regulations booklet.

Can drones be used to find and track wildlife?
Question: A discussion came up at our rod and gun club the other day about whether there are any official regulations or restrictions regarding hunters using drones to assist in locating and tracking big game and/or other wildlife. I personally can’t believe they would be legal to use but none of us have ever heard any official determination on this subject one way or another. With deer season in full swing and more people now owning drones, I shudder to think that these increasingly sophisticated aerial contraptions might be used by other hunters for wildlife surveillance and even possibly for the driving or tracking of animals that they are hunting. Or conversely, what about anti-hunters using them to spook wildlife and disrupt hunters while they are tracking and stocking their animals? What is the official word on this issue? (Anonymous)

Answer: It is unlawful to use a drone to assist in taking wildlife as you describe, and it would be unlawful to harass legal hunters with a drone (Fish and Game Code, section 2009). It is also unlawful for any person to “… use 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 48 hours before and continuing until 48 hours after any big game hunting season in the same area” (California Code of Regulations Title 14, section 251).

Drone owners/pilots should keep in mind that additional legislation is currently being considered that may further restrict the use of drones in different public and private areas. Drones are already prohibited in National Parks and that list may soon grow, so stay tuned.

Crayfish trap limits?
Question: Had a question about crawfishing that no one can seem to answer for me. My questions are how many traps are allowed per person with a fishing license? I have been told that it’s a limit of 2 but when I look into the California Fish and Game for 2015-2016 Handbook it doesn’t say anything about how many traps are allowed. (William P., Lemoore)

Answer: Crayfish may be harvested year round with a sportfishing license (except for closures listed below) and there are no limits on the number you can possess or take home. Regarding methods of take, crayfish may be taken only by hand, hook and line, dip net or with traps. There is no limit on number of traps, however, they may not be over three feet in greatest dimension. Any other species taken must be returned to the water immediately. Traps need not be closely attended.

For a list of those areas closed to harvest in order to protect the Shasta crayfish, please refer to section 5.35(d) on page 21 of the 2015-2016 California Freshwater Sport Fishing Regulations booklet. In addition, crayfish may not be used for bait in sections of the Pit River (California Code of Regulations Title 14, section 4.30). The season closures in Chapter 3 (District Trout and Salmon Special Regulations) do not apply to crayfish fishing with methods other than hook and line (see sections 7.00 and 7.50(a)(2)).

Multi-day trip for abalone
Question: I’m a rock picker for red abalone. Because of long distance driving I plan to go for a two-day trip. With daily limits of three, I would get three on the 1st day and another three on the 2nd day before driving home. I will then have six abalone in possession. Would this be legal? (Henry)

Answer: No. The bag limit is also the possession limit. You may only legally possess up to three red abalone. You would have to eat or give away all or part of your first day’s limit before you picked more abalone on a subsequent day.

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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

Rainbow Trout in Anadromous Waters

Rainbow Trout (CDFW photo by Harry Morse)

Rainbow Trout (CDFW photo by Harry Morse)

Question: I have taken up fly fishing again after a long while away. This past weekend I went fishing on the Russian River and caught two rainbows/steelhead (one a hatchery fish and the other a wild fish) and both were about 10 inches long. I am wondering if I have to report fish of that size on my Steelhead Report Card in the future. I recorded them this time out of an abundance of caution, but I don’t want to over-inflate the run estimates needlessly. (Kyle K., Healdsburg)

Answer: It can be a bit confusing because steelhead trout and rainbow trout are the same fish. Its scientific name is Oncorhynchus mykiss (O. mykiss). Generally speaking, rainbow trout are O. mykiss found in land-locked freshwater with no access to the ocean, while steelhead trout are O. mykiss fish found in anadromous waters, which are waters with unimpeded access to the ocean where they live the majority of their life before returning to freshwater to spawn.

For practical purposes and to facilitate compliance, fishing regulations differentiate between rainbow and steelhead in anadromous waters by a 16-inch size threshold. O. mykiss smaller than 16-inches are treated as rainbow trout, and those bigger than 16-inches are treated as steelhead. Fishing for steelhead, meaning any O. mykiss in excess of 16-inches, in anadromous waters will require the purchase of a Steelhead Report Card, even if you practice catch-and-release (California Code of Regulations Title 14, section 5.88).

The report card provides important data to fishery scientists and requires an entry for each day that you fish and statistics on all fish caught and released. Fishing for O. mykiss less than 16-inches does not require a steelhead report card.

Can other law enforcement agencies enforce CDFW regulations?
Question: I am a current sworn recruit in a Southern California Sheriff’s Department Academy. I will be working in a county with a heavy hunting and fishing population and an abundance of wildlife areas. I am just curious, and have been earnestly trying to find the answer on my own accord without luck, about a specific phrase in Fish and Game Code, section 2012. It states:

§ 2012. 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 shall be exhibited upon demand to any person authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles or amphibians.

My question is: who are the persons authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles or amphibians? Are local police and county sheriffs authorized by the California Department of Fish and Wildlife (CDFW) to enforce the Fish and Game Code? If it does exist, is there any statute that expresses that authority? (Calen A., M.A.)

Answer: Only CDFW wildlife officers are authorized to enforce the “exhibit upon demand” authority of Fish and Game Code, section 2012. Police officers and county sheriffs are authorized to enforce most hunting and fishing laws but are not authorized to enforce Fish and Game Code Section 2012.

Aside from CDFW wildlife officers, only Rangers and Lifeguards of the Department of Parks and Recreation are authorized to use that law, and then only while on duty in a state park, state beach, state recreation area, state underwater park, state reserve, or other similar facility. Although other law enforcement officers can’t make a formal demand under section 2012 to see someone’s licenses, fish, game, or equipment, they can still enforce fish and game laws and inspect these items if they are in plain view or with the person’s consent.

Discharging a firearm along public roadway
Question: As a firearms instructor and hunting enthusiast, I am continually asked the question, “When hunting and on foot (outside of a vehicle), can you discharge a firearm or other weapon (e.g. compound bow) from or along a public roadway?” Is there a minimum distance from a public roadway? For example, an inhabited structure or barn at 150 yards away? (Don S., Fresno)

Answer: It unlawful to discharge a firearm or release an arrow or crossbow bolt over or across any public road or other established way open to the public in an unsafe and reckless manner (Fish and Game Code, section 3004(b)). Discharging a firearm from or upon a public road or highway is also prohibited (Penal Code, section 374c). In addition, it is a felony to willfully discharge a firearm in a grossly negligent manner that could injure another person (Penal Code, section 246.3). Many cities and counties have also adopted ordinances further restricting where firearms may be fired, so hunters should consult their local law enforcement agency for specific information about the area where they wish to shoot.

Halibut fishing in SF Bay
Question: If I’m trolling for halibut in the San Francisco Bay, can I use another line that has only dodgers and flashers on it without any hooks to attract the fish closer to my boat? I will only have one pole or line with a hook on it. (J.V., Rodeo)

Answer: Yes.

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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