Category Archives: Invertebrates

Casting with a Potato Gun-Style Launcher

(CDFW photo by Sabrina Bell)

(CDFW photo by Sabrina Bell)

Question: Is it legal to use the “Sandblaster Baitcaster” in California? This device is supposed to be great for surf fishing from the beach. It uses compressed air to cast your bait up to 300 yards from shore. See it at their website, www.bunkerupfishin.com/. (Victor H.)

Answer: This line launching device is really just another form of the old “potato guns” that were popular for a while until they were outlawed in public areas. According to California Department of Fish and Wildlife (CDFW) Lt. Dennis McKiver, potato guns are legal under federal law. Under state law, potato guns that use combustion (instead of compressed air) to launch the projectile are “firearms,” and one with a bore of over 0.5 inches is a destructive device.

Pneumatic potato guns like this one use compressed air and are legal as long as they are not used like a weapon (e.g. shot at a person, etc.), so this line launching device would be legal under state and federal laws. However, you should check for local city and county ordinances because some local governments prohibit use of any devices that propel projectiles, and if you intend to use this line launching device on any state beach, you may also want to consult State Parks.

As far as using it to cast a fishing line, nothing in the Fish and Game Code or its implementing regulations prohibit using this compressed air launcher as long as the fishing line is attached to a rod and reel, or a person is brave enough to hold the other end of line in their hands!


What to do when catching invasive fish species?
Question: What should we do when we catch invasive fish in local lakes? Specifically, Balboa Lake in the San Fernando Valley remains warm enough in winter to support some tropical fish. Certain aquarium fishes breed as well as survive in these waters. The problem now are Plecostomus (commonly found in home fish tanks to eat the algae) that have taken over the lake and the Los Angeles River.

A couple of us have caught over 200 since February in one little cove while fishing for carp. We were told by park personnel to kill them (seemed reasonable) but I wanted to make sure they are inedible so that we won’t get into trouble for wasting fish. Please advise. Thanks. (Bill S.)

Answer: From a biological standpoint, CDFW would like to see these invasive fish disposed of (killed) rather then placed back in the system. The law prohibits the waste of any fish taken in waters of the state (California Code of Regulations Title 14, section 1.87). This regulation is intended to encourage people to eat any fish they kill, and to avoid needlessly killing fish. But, any lawful use of fish that are legal for sale by an aquarium or pet store would satisfy the requirements of this regulation, including their use as fertilizer for your garden.

Here’s something that might surprise you … Plecostomus are consumed by humans in some of their native Central and South American waters. Jackson Landers, author of “Eating Aliens: One Man’s Adventures Hunting Invasive Animal Species” includes a recipe for Plecostomus in this book.


Scuba diving for Dungeness crabs?
Question: In a recent column you said that you could not take Dungeness crabs on SCUBA. Did I read that correctly or were you referring to seasons? (Duanne S.)

Answer: I saidwhen Dungeness crab season is open, they may be taken by hand via SCUBA but divers may not possess any hooked device while diving or attempting to dive for them (CCR Title 14, section 29.80(g)).


Sale of pig mount … Is it legal?
Question: My brother harvested a pig about 20 years ago on a private ranch in California and had the head mounted. He wants to sell the mount, but doesn’t want to break the law and can’t get a definitive answer from anyone. Could you help? Thank you as always for your help! (Dave)

Answer: Your brother can give it away but cannot sell or trade it to anyone. With a few exceptions (that don’t apply to your brother), the law prohibits the sale or purchase of any part of a bird or mammal found in the wild in California. (Fish and Game Code, section 3039)


Is there a limit on sand crabs?
Question: Is it legal to catch sand crabs with a fishing license, and if legal, what is the limit? Can sand crabs be taken on all beaches of the state? (Gina N.)

Answer: Yes, it is legal to catch sand crabs with a fishing license statewide wherever fishing is authorized. The limit is 50 crabs per day and in possession (CCR Title 14, section 29.85(d)).

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

Should Anglers Release Lingcod Females?

Lingcod (photo courtesy of Matt Elyash)

Lingcod (photo courtesy of Matt Elyash)

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

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

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

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

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

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

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


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

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


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

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

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

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


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

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


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

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

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

Diving for Lobsters with Hoop Nets

DFG Marine Biologist Travis Buck holds a California spiny lobster caught in a traditional hoop net (DFG photo)

CDFW Marine Environmental Scientest Travis Buck holds a California spiny lobster caught in a traditional hoop net (CDFW photo)

Question: In regards to catching California spiny lobster, the regulations say the following: Both rigid and collapsible hoop nets may be used from piers and boats. When fishing from a boat, five nets per person are allowed with no more than ten traps on a boat. When fishing from a pier, two hoop nets per person are allowed. Divers are limited to catching lobster by (gloved) hand only.

This leads me to my question. Is it legal for a snorkeler/diver/free diver to swim their hoop nets out to the desired location to drop and then retrieve their traps by hand, while floating in the water? This seems like a good option for people who do not own boats to set traps from and for divers when visibility is so poor that it’s impossible to see lobsters to catch by hand. (Joshua)

Answer: No, you cannot legally take fish hoop nets out to a fishing location while free or scuba diving. The law says that when diving for crustaceans (free or scuba diving), you may take crustaceans by the use of hands only (California Code of Regulations Title 14, section 29.80(g)). If you are in the water, you are diving. You can scout where you want to set your nets when diving, but then you need to stop diving and get out of the water to set and retrieve your hoop nets. If you don’t want to buy or borrow a boat, you can set traps from a kayak, a long board or even a stand up paddle board. Just be sure to wear a life jacket if you do!


Property rights via access by ATV down a dry river bed?
Question: During the last week of deer season, I approached a man riding a 4-wheeler who was obviously hunting since he had a rifle case. He was riding down the dry river bed for over a mile where it’s private property on both sides of the river. He argued with me that he had a right to be there as long as he stayed under the high water mark. I told him he could not be there and could not cross private property at all unless if in a boat and didn’t touch the river bar/land. He got huffy with me so I let it go and he proceeded on his way. What is the law when it comes to a river running through private land? (Heather D.)

Answer: This is a very complicated area of the law and will vary based on the characteristics of the waterway, the ownership of the land, the agencies involved and a number of other factors. In other words, before people get on their ATVs thinking they have the right to ride down dry river beds through private property, they should do some research to see exactly who owns or manages the land, what the characteristics of the dry waterway are and be absolutely sure they have a right to be there and won’t be trespassing. All situations are not the same and the laws may vary from place to place.


Pooling crabs?
Question: What is the boat limit for taking crabs other than Dungeness? I plan to have between two and four people (all with fishing licenses) on my private boat and need to know the answer to this question. Thank you very much for your help. (Jay T.)

Answer: You may not pool your crabs since boat limits apply only to finfish and not to invertebrates (CCR Title 14, section 27.60 (c)). With crabs, individual bag and possession limits apply. For crabs of the Cancer genus (excluding Dungeness crabs) including yellow crabs, rock crabs, red crabs and slender crabs, the limit is 35 crabs per person. Each crab must measure a minimum of four inches from edge of shell to edge of shell at the widest part (except there is no minimum size in parts of Humboldt County).


Bow and arrow hunting with a slingshot?
Question: Can a slingshot be used as a bow or crossbow? Would it be legal to hunt with an arrow and slingshot? (Anonymous)

Answer: Yes, a slingshot can be used as a bow or crossbow as long as it can cast a legal hunting arrow (except flu-flu arrows) a horizontal distance of 130 yards, and as long as it meets one of the definitions of bows and crossbows listed in the Title 14 regulations. To be sure your slingshot meets the requirements, please go to http://www.dfg.ca.gov/enforcement/, click on “CA Code of Regulations, including Title 14” and look up Title 14, section 354, subdivisions (a), (b) and (f).

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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.