Category Archives: crabs

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 CalOutdoors@wildlife.ca.gov.

What’s the Level of Wildlife Officers’ Search Authority?

CDFW Wildlife Officers have broad search authority. Hunters and anglers are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife.

CDFW Wildlife Officers have broad search authority. People are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife (CDFW photo)

Question: Do California Department of Fish and Wildlife (CDFW) wardens have the authority to search a sportsperson’s truck, boat, cooler, etc. without a warrant or probable cause? If so, how would an abalone check point (for example) not be a blatant violation of the Fourth Amendment of the constitution? I’m all for stopping poachers, but not at the cost of violating what makes our country so special. Thanks. (John McClellan)

Answer: In the hunting and fishing context, wildlife officers are authorized to conduct compliance inspections that would likely require warrants or probable cause in other contexts. Hunting and fishing are highly regulated activities. The fish and wildlife belong to the people of the state and not to any individual. Many states, including California, recognize this and have enacted statutes to allow Wildlife Officers to conduct regulatory inspections when interacting with those who are engaged in hunting and fishing activities. Some of these include:

• Authorization to inspect boats, buildings other than dwellings, and containers that may contain fish or wildlife (Fish and Game Code, section 1006)

• Authorization to “enter and examine any…place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or to board any fishing boat…or vehicle or receptacle containing fish…and may examine any books and records containing any account of fish caught, bought, canned, packed, stored or sold.” (Fish and Game Code, section 7702)

Also, people are required to exhibit upon the demand of a wildlife officer all licenses, tags, wildlife, and any device or apparatus designed to be, and capable of being, used to take wildlife (Fish and Game Code, section 2012)

The courts have consistently upheld these inspection authorities. As for check points, CDFW has used check points for the past 25 years as a focused and effective means of educating resource users and deterring violations of our wildlife laws. In a state as vast as California with a population of over 38 million people and with a staff of only 400 sworn officers, CDFW needs to ensure that the funds and manpower resources we have are put to the most efficient use possible. Conducting checkpoints allows us to contact thousands of people who are using our public trust resources with a handful of officers. For those who are not using our public trust resources, the check points provide us an opportunity to educate them about our state’s wildlife resources and our role in protecting those resources. The courts have established minimum standards that must be followed when we conduct checkpoints, but just like DUI checkpoints, wildlife checkpoints have been upheld by the courts.


Helping friends fill their deer tags?
Question: If a group of friends go hunting for a week, and one of the hunters tags a buck on the first day, can he continue to carry his loaded rifle with him and help his friends fill their tags? If not, can he only help with spotting and drives without a weapon? (Rod P., Napa)

Answer: Once a hunter takes a deer and fills his tag, he may accompany other hunters but cannot assist them in any way in the take of additional deer. In addition, he should leave his rifle behind. Otherwise, if encountered in the field with a rifle or other method of take, wildlife officers may determine the person assisting the hunters is also actively hunting.


Fishing for rockfish and fishing crab snares simultaneously?
Question: Can a kayak/boat angler use one line to take rockfish and then fish a crab snare with another line? In this case, a hand line tied off to his kayak? (Anonymous)

Answer: The law requires that when fishing for rockfish, only one line with no more than two hooks may be used. However, in this case, an angler may also fish for crabs at the same time with a line that attaches to a crab loop trap because these traps will not likely catch rockfish. If approached by a wildlife officer, the angler should be prepared to explain up front that only one line contains two hooks for rockfish and the other line is attached to a crab loop trap. Remember that crab loop traps are restricted to six loops.


Pelagic red crabs
Question: The pelagic red crabs (tuna crabs) are drifting in with the warm El Niño waters and washing up on beaches everywhere. I’d like to use them for bait. Are there any regulations to be aware of? (Andrew S.)

Answer: The limit is 35 pelagic red crabs per day and 35 in possession. There are no size limits and they may be taken only by hand.

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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.

Must Hunters and Anglers Carry CDL with License?

Hunters and anglers should carry photo identification along with appropriate fishing/hunting licenses to properly identify who they are (CDFW photo by Debra Hamilton).

Hunters and anglers should carry photo identification, along with their appropriate hunting/fishing licenses, to properly identify themselves to wildlife officers when asked. (CDFW photo)

Question: While hunting or fishing, besides carrying the appropriate license(s), do I also need to carry my state driver’s license? I would prefer to leave it in my vehicle, but I also want to be sure I am in compliance with the law if I run into a game warden in the field. So my question is do I need to carry photo I.D. with my license? (Anthony B.)

Answer: You will need to verify that you are the person holding your own fishing or hunting license. Though photo identification is not mandated by law, being able to identify yourself properly is. If you cannot appropriately identify who you are, you may see yourself in an extended contact with the wildlife officer. If you’re getting cited for something, the wildlife officer may have to take you to jail until you can be properly identified. The bottom line is even though the law doesn’t state you must have photo identification in possession, it would benefit you greatly to carry photo identification, so you may properly identify who you are to the wildlife officer.


Family crabbing trip
Question: My family plans to take a trip to San Francisco this July. Is red crab season still open or is it open all year? If it is open, please let me in on some rules and regulations, such as the limit and the size? Where can I find more information about crabbing in San Francisco and ask more questions? (Kao X.)

Answer: Take of rock crab is open year-round. Red/yellow/rock crab are species that may be kept in San Francisco Bay (no Dungeness crab may be kept from the Bay, even during the open season). Rock crab and other non-Dungeness crab have a daily bag and possession limit of 35 crab that must measure at least four inches across (see California Code of Regulations Title 14, section 29.85(b) on pg. 50 of the current Ocean Sport Fishing regulations booklet).

There are a variety of piers where people go crabbing in the San Francisco Bay area. Try reviewing piers on the website www.pierfishing.com. A guide that shows the differences between the crab species is available online at www.dfg.ca.gov/marine/dungeness_crab.asp#cancroid.

Be sure to review the above subsection thoroughly for further fishing regulations that pertain to rock crab (bag limit, size limit, etc.). For more information about crab, you can visit our Invertebrate Management Project webpage at www.dfg.ca.gov/marine/invertebrate/crabs.asp.


Transporting cleaned and portioned fish
Question: If I take a long road trip with my boat in tow and catch fish over a few days, my concern is that while I will only have legal quantities in possession, the fish will be cleaned, portioned and vacuum sealed before I return home with my boat in tow. I know it’s legal to clean fish after I am at my vacation home, but in this this situation the quantities of yellowtail, yellowfin, white sea bass, etc. would be impossible to determine even though I am within the possession limits. How would a wildlife officer deal with this situation if I was stopped on the roadtrip home with a cooler full of vacuum sealed fish? (Charlie C.)

Answer: Unless the regulations specifically require that a fish be kept whole until being prepared for immediate consumption, such as lobster and abalone, you may clean and store your fish in any condition you want to, once they are brought ashore. In similar situations, people have chosen to package each fish separately, and retain the carcass, so that if stopped by a wildlife officer, they could show the officer the legal-sized carcasses, which would also aid in identifying the species of fish. That still would be more complicated than if you hadn’t chunked up the fish, but it would be better than a bag of nondescript cubes of fish. If the quantity appeared highly excessive, a wildlife officer might use our Wildlife Forensics Laboratory to determine the exact quantity.


AO tags during rifle season?
Question: Can you use an Archery-Only tag during rifle season if you’re still using archery equipment as your method of take? (Eric C.)

Answer: Yes. The Archery-Only (AO) tag allows hunting with archery equipment only during the archery and general seasons in A, B or D zones and Hunt G10 (military only). You may not possess a firearm or crossbow when hunting under the authority of an AO deer tag, except as otherwise provided.

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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 Not Wolves in California?

Gray wolf captured and GPS-collared by the Oregon Department of Fish and Wildlife (ODFW) (Photo courtesy of ODFW)

Gray wolf captured and GPS-collared by the Oregon Department of Fish and Wildlife (ODFW) (Photo courtesy of ODFW)

Question: Even though gray wolves are slowly expanding back out into their historical ranges, why have they not returned to California? Other western states have them. What makes California different? What’s the status of the wolf planning effort? Is there funding for it? (Emma M.)

Answer: The biggest considerations on natural reestablishment of gray wolves into California are the smaller populations of prey species available (compared to other western states), the growing population of people and the decline in habitat to support them.

According to California Department of Fish and Wildlife (CDFW) Wildlife Program Manager Karen Kovacs, while the gray wolf’s prey species is similar to other western states (deer and elk), California cannot compare with the other states on the numbers of prey animals. In general, wolves in the western states prey on elk. And while some states have hundreds of thousands of elk, our state has less than 10,000 elk. California has more deer than elk, but again, less than what other western states have.

Human population in California is also different. California has more than 38 million people and infrastructure to support that population including highways, development, reservoirs, intensive agriculture, etc., all of which contribute to a loss of deer and elk habitat, hence a loss of potential wolf habitat.

One other difference is that California has very limited information regarding the prior presence of wolves in the state. Very little verifiable information exists, including about two wolves collected in the 1920s. So just how widespread and what those historical numbers are is unknown.

The draft Wolf Plan will address these considerations and other consequences of wolves in California. The wolf planning process with the stakeholder working group is completed. We are in the process of revising the draft based on peer review and the last round of comments from the working group. We anticipate having the revised draft available for public review along with holding two public meetings for additional input to the department. We will then make any necessary changes and finalize the Wolf Plan. Timeframe is late spring or early summer. There is no specific funding identified at the present time.

California has no intention to reintroduce wolves as other states have done. For more information on gray wolves and the work being done in California, please go to: www.dfg.ca.gov/wildlife/nongame/wolf/


Filleting fish onboard vessels?
Question: I want to make sure I have this filleting of fish onboard vessels correct. If I am fishing in San Francisco Bay and catch a 36-inch striped bass and a 48-inch leopard shark, I cannot remove the fillet from either fish until I am off my boat, correct? If so, can I remove the tail, head and fins from the fish? If I move to the Delta District to fish, are the filleting restrictions different? Thank you, as always, for helping to clarify these regulations. (Howard A.)

Answer: Both striped bass and leopard sharks have minimum length requirements and no established minimum fillet lengths, so neither can be filleted until you are back on shore. Heads and tails must also stay attached so that the fish can be measured to confirm they are of legal size, unless the fish is still of legal size after removing the head and tail. No person shall fillet, steak or cut into chunks on any boat or bring ashore as fillets, steaks or chunks any species with a size limit unless a fillet size is otherwise specified (California Code of Regulations Title 14, section 27.65(c)). In addition, no fish may be possessed on a boat or brought ashore in such condition that the size and/or species cannot be determined (Fish and Game Code, sections 5508 and 5509), unless it is being prepared for immediate consumption on the boat.


Can youth hunters earn preference points?
Question: If my 9-year-old daughter has her hunting license, can she apply for preference points for any big game species, even though we know she can’t big game hunt until she is 12? (Shelley D.)

Answer: No. Hunters can only apply in the big game drawing once they are eligible to hunt for big game. Applicants for premium deer license tags, pronghorn antelope license tags, or elk license tags must be at least 12 years of age on or before July 1 of the license year for which they are applying. Youth hunters are not eligible to apply, even if it’s just to earn preference points (CCR Title 14, section 708.11).


Number of rods while fishing with crab snares?
Question: While out crabbing from our boat, my friend and I like to cast crab snares while waiting to check our soaking crab pots. I don’t see any regulations related to the number of rods we can have out when using only snares from a boat. (Paul S.)

Answer: Regulations for crab snares (referred to as crab loop traps in our laws) can be found in CCR, Title 14, section 29.80. Although there is no limit to the number of poles you use, each loop trap is restricted to no more than six loops (snares).

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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.

Returning Fish and Wildlife Back to the Wild

CDFW staff releasing waterfowl after health inspection (CDFW photo)

CDFW Waterfowl Biologist Melanie Weaver releasing a male pintail following a routine health examination (CDFW photo)

Question: If I want to release fish and other shellfishes that I got from the local market into California waters, how do I get permission or a permit? Also, what about birds? Do I need a permit? (Stella T.)

Answer: It is not legal to move and plant live finfish in any waters of California. Same goes for birds or mammals, regardless of where they came from. In addition to the fact that to do so is illegal, it is also not a compassionate gesture to relocate fish and wildlife to new waters or habitats where they are not accustomed or to environments they are not familiar with or already adapted to. Most fish and wildlife will probably not survive under these conditions, and you run the risk of spreading parasites and diseases to healthy ecosystems that may then endanger the health and well-being of native fish and wildlife living in their natural environments.

“It is unlawful to place, or cause to be placed or planted, in any of the waters of this State, any live fish, any fresh or salt water animal, or any aquatic plant, whether taken without or within the State without first submitting it for inspection to, and securing the written permission of, the department” (Fish and Game Code, section 6400). The law also states that no person having possession or control over any wild animal under this chapter shall intentionally free, or knowingly permit the escape, or release of such an animal, except in accordance with the regulations of the Fish and Game Commission (FGC, section 2121).

Many of the live fish and shellfish found in the local markets are imported into California from other states or countries under an importer’s permit. Besides being illegal, the release of these exotic species into our state waters could devastate the native species with disease or unnatural competition for food or predation. The same would apply to birds and other wildlife.


Turning deceased animals into taxidermy art?
Question: I have a question in regards to acquiring animal remains. If an animal is a legal species to possess and is found as road kill, or is decomposed to bone by nature, how can one go about obtaining the remains legally to use for taxidermy and art? I know this is a sensitive subject since there is no way to prove one “found” an animal, and ethics come into play. But I’m connected to a lot of groups on Facebook from outside of California that have laws allowing people to obtain animal remains that are not from protected species. These pieces are then used and sold as art.

Before continuing with my endeavors though, I want to make sure I can ethically source remains and legal specimens. Or if I can’t just as a citizen, what permits would I need in order to do so? I find it really hard to believe that state laws in Florida vs. California can differ so vastly. And it’s almost impossible to find reliable information on the Internet, so I figured I’d go straight to the source. (Christina G.)

Answer: First of all, any wild bird or mammal (or part thereof) found in California may not be sold (FGC, section 3039). Animals that have been legally taken under the authority of a hunting or fishing license in this state may be preserved through taxidermy consistent with California Department of Fish and Wildlife (CDFW) recordkeeping requirements, but they may not be sold or purchased (California Code of Regulations Title 14, section 695). Road-killed animals generally may not be possessed, with some exceptions for scientific and educational purposes.


Harvesting sea anemone for food?
Question: While eating sea anemone probably seems strange to most Americans they are eaten throughout the world, most notably in Asian countries. When chopped, tossed with flour and fried (think clam strip), it tastes like a cross between crab and clams. Is it legal to harvest sea anemone for food in California? (Brent A., Fort Bragg)

Answer: Sea anemone may not be harvested in the area between the high tide mark and 1,000 feet seaward and lateral to the low tide mark (California Code of Regulations Title 14, section 29.05). In fact, only the following marine invertebrates may be taken in this area:

“Except where prohibited within state marine reserves, state marine parks, state marine conservation areas, or other special closures only the following may be taken: red abalone, limpets, moon snails, turban snails, chiones, clams, cockles, mussels, rock scallops, native oysters, octopuses, squid, crabs, lobsters, shrimp, sand dollars, sea urchins and worms except that no worms may be taken in any mussel bed, unless taken incidental to the harvesting of mussels” (CCR Title 14, section 29.05(b)(1)).

It would be perfectly legal, however, to take 35 sea anemone outside the 1,000 foot intertidal zone, and sea anemone do live outside that zone. A shore picker would have difficulty doing this though unless it was a zone where the intertidal area is very flat.


Any restrictions on crab bait components?
Question: Are there any restrictions on what you can use for crab bait in non-commercial crab traps? (Al and Karen B.)

Answer: No. As long as the bait sources are legal for you to possess, there are no restrictions on what you may use.

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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.

Wildlife Feeders to Attract Turkeys?

Spring turkey (Photo by Carrie Wilson)

Spring turkey (Photo by Carrie Wilson)

Question: A buddy of mine has a feeder on his ranch that he loads up with feed to attract turkeys to his property. He intends to hunt them once the season opens. I told him this was illegal baiting but he said he would pull the feed out before hunting the area. What do you think? Is this really legal? (Anonymous)

Answer: No. It is illegal to harass any game or nongame bird unless authorized by a regulation or the Fish and Game Code (California Code of Regulations, Title 14, section 251.1). Under this section, “harass” is defined as an intentional act which disrupts an animal’s normal behavior patterns, which includes, but it is not limited to, breeding, feeding and sheltering. Consequently, if your friend’s feeder disrupts the normal behavior pattern of the turkeys, it would be a violation of the law to feed the turkeys even if he/she pulls the feeder out before hunting the area. Also, please note that a person may not take resident game birds, such as turkeys, within 400 yards of any baited area unless an exception in CCR Title 14, section 257.5, has been met.


Legal sturgeon in tow?
Question: While out sturgeon fishing, we noticed a smaller boat with a legal sturgeon in tow. The rope was double hitched and wrapped around the fish just behind the gills. As ropes and snares are now illegal, where does this technique fall into the rules?  (Bill A.)

Answer: If the “double hitch” you saw was a flexible loop made from any material that can be tightened like a noose around any part of the fish, then what you saw was not legal (CCR Title 14, section 5.80(d) and 5.81(a)). The no-snare regulation is to reduce harm to sturgeon. Oversized white sturgeon and all green sturgeon may not be removed from the water and shall be released immediately (CCR Title 14, section 5.80(c) and (e) and 5.81(b)). Legal-sized white sturgeon that anglers choose to release must be released immediately without taking them out of the water

If the person in possession of the fish you saw had not recorded the fish on a Sturgeon Fishing Report Card, it was also illegal under CCR Title 14, section 5.80(f). The tagging requirement is to prevent waste of white sturgeon through “high grading” (releasing a smaller fish when a larger one is caught) as well as to enforce the daily and annual bag limits.

If you see something like this again, I recommend calling the 24-hour Californians Turn in Poachers and Polluters (CalTIP) hotline at (888) 334-2258. Tipsters also can text anonymous information, including photographs, to CalTIP via “tip411” (numerically, 847411). Wildlife officers can respond directly, resulting in an anonymous two-way conversation. Users must start the text message with the word “Caltip”. Phone number line, type: 847411, message line, type: Caltip (followed by the message/tip).


Diving and crabbing at the same time?
Question: I live in Monterey County and freedive/spearfish in the approved areas frequently. I see crab while I’m down on the bottom and have decided maybe I’d like to try and grab a few. I’ve read through the rules and regs and think I have a pretty good idea of what’s expected of me. Would it be possible (and legal) for me to purchase a crab trap, place it out before my spearing, then go dive for a few hours and return to collect it once I’m done diving? It would all be done in one trip and from a kayak. Just a thought. For now I’m just going to get a measuring devise and try my luck by hand.

Answer: Yes, if you are north of Point Argulello (Santa Barbara County), you may legally set traps for crabs and have them fishing while you’re diving. Then after you have finished diving, you may return to collect crabs from the trap. You cannot service traps while still diving because while diving for crustaceans, you are restricted to taking crabs only by hand (CCR Title 14, section 29.80(g)). Note that for hoop nets, the limit between setting and pulling is two hours.


Passengers netting fish?
Question: Can a person net fish for others without having their own California Sport Fishing License?  (Pete)

Answer: Yes, as long as you are referring to using a “landing net” to net another angler’s fish that is unable to use the landing net them self for some obvious reason, then it’s ok. Assisting someone with the use of a landing net in this way would not require a license, but using other types of nets, such as gill nets, seines, dip nets for catching baitfish in the ocean would require a license.

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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.

Collecting and Returning Tidepool Animals

Sea Stars of the California Coast (CDFW photo)

Sea Stars of the California Coast (CDFW photo)

Question: I have two small daughters that are very much into marine life. I thought it would be exciting for them to catch small critters, fish, etc. and put them into an aquarium at home. I figured they could then return the marine life back to the ocean every few weeks. I looked into this online and it appears that you need to obtain a permit to collect marine life in this fashion. Do you think it is possible for me to obtain the proper permits in order to do this with my kids? If so, do you have any idea how I would go about applying and the general costs? (Charles K.)

Answer: Unfortunately, as nice as this sounds, it is not legal for your daughters to do. Here are three reasons why:

  1. First of all, they cannot transport any finfish from the ocean, period. Moving live finfish from freshwater or ocean waters is illegal.
  1. Second, anything that is not legal to take with a California sport fishing license requires a scientific collecting permit and they wouldn’t qualify for one of these because they are issued only to scientists doing bona fide research or to schools or aquariums where the animals taken will be on display for the public to view.
  1. Third, they can remove invertebrates that are legal to take with a sport fishing license (although if under 16 years old they do not need a license), but nothing can be returned alive to the ocean. If they take them, they need to keep them. This is because there’s always a possibility that fish or invertebrates may have picked up parasites or diseases when kept in private aquariums. We don’t want anything being introduced to fish and invertebrates in the wild.

For the time being, it would be best for your girls to stick with fish and invertebrates that they buy from licensed aquarists or stores that sell aquarium species legally. They can, however, visit most tidepools and enjoy the fish and invertebrates in their natural environments … just don’t take them away from their homes.

Driving on a private road with a loaded gun in the vehicle?
Question:
I know that it is not legal to have a loaded gun in a vehicle when on public roads and in public accessible areas, but what about when on privately owned property where all access is controlled via locked gates? (Scott H.)

Answer: You are correct that it is against the law to carry loaded guns in a vehicle when upon or along a public way (Fish and Game Code, section 2006 and Penal Code 25850). When behind locked gates, however, there are no laws preventing this, although common sense and safety should preclude doing so. Many of the hunting accidents we investigate are caused by people getting into or out of a vehicle with a loaded firearm. Despite this allowance, it is still unlawful to shoot at any game bird or mammal from a motor vehicle, even when on private property (FGC section 3002.)


Cherry picking for the biggest crabs?
Question: I often see Dungeness crab fisherman holding onto crabs in excess of their limit while they continue crabbing. Then after pulling all their pots, they cherry pick the best ones and throw back the extras. Is this legal? Say for example I’m fishing alone and drop three pots. When I retrieve the pots, the first one contains 10 crabs, and I put them all in my fish box. The second pot also has 10 crabs and I also put them all in the box. I pull the last pot, then sort through all the crab and throw back all but the biggest 10 before heading into the harbor. This is how I would prefer to fish but don’t think it would be illegal. Am I correct? (Jesse)

Answer: What you describe is high-grading and is absolutely illegal. Recreational fishermen are limited to 10 Dungeness crabs onboard or in possession. Every crab over the limit that is in the fisherman’s possession, even if just for a short time, could get them cited for possession of an overlimit. Once a limit is in possession, all other crabs must be immediately returned to the water. If the fisherman keeps 10 legal-sized crabs from his first pot, all other crabs in any subsequent pots must be released.

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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.