Category Archives: Lobsters

Diving and Spearfishing without a Fishing License

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Question: I live within 500 yards of the point of entry where I go spearfishing. Does that mean that, according to section 7145, I can just keep my fishing license and lobster report cards at home since they’re within the 500-yard limit? I’m about 200 yards or so from the reef where I dive. (Raf C.)

Answer: Lucky you! When fishing and/or taking lobster, you are required to have your license and spiny lobster report card on your person or in your immediate possession. If diving from a boat, they may be kept in the boat, or if diving from shore, they may be kept within 500 yards of the shore (Fish and Game Code, section 7145(a)). In your case, if your license and report card are located 200 yards from shore (where you enter the water), then you’re OK. Don’t forget that prior to your dive you need to record the month, day, location and gear code on the report card. And when you return, you will have to fill in the number of lobster you kept from that location.

Hunting blinds on public property
Question: I am a hunter myself and while walking on a closed road recently, I noticed someone had built a hunting blind about 25-30 yards off the road with tarps, boards and sticks from the surrounding woods. Can a person legally build a hunting blind in the woods on public hunting grounds and then continue to fix it up to use each year? And if that blind is vacant and not being used, can the person who built the blind claim it as his own or is it first come first serve? (Anonymous)

Answer: It is not legal for someone to build a structure and then leave it on public land. That could be considered littering as well as destruction of public property if public resources are damaged in the process. Thus, your follow up question about whether the blind builder can claim ownership is a moot point.

Abalone diving with homemade snorkel
Question: I made my own snorkel using a flexible hose that is about five feet long. No air supplying motor or any device is attached to it. It’s just a long flexible hose with a check valve in it. If I use it while abalone diving, would I be in violation of any regulations? I am aware of the regulation prohibiting the use of SCUBA gear or surface-supplied air. (Chris L.)

Answer: Although this would be legal, using this type of snorkel would be very dangerous because you must be able to displace used air in your snorkel. You could be seriously harmed from breathing from a long snorkel because the air volume in the snorkel makes it difficult to displace exhaled air. Rebreathing used air can cause death or great bodily harm to a diver. This is why you do not see longer snorkels sold by dive shops.

Fishing in isolated ponds
Question: As our creeks dry up, ponds are formed, with some of them at the road culverts. Is it legal to fish these ponds with a pole, by hand or a dip net? (Jeanne G., Portola)

Answer: In intermittent streams like you describe, what appear to be ponds are actually isolated pools. Although not apparent during the dry season, water may still be flowing, out of sight, under the streambed surface. This is often called “intragravel flow.” Because a creek is still a stream and not actually a pond or lake, the same regulations for the stream will still apply. Fish can only be taken from these waters under the regulations currently applicable for that stream, including seasons, limits, methods of take, etc. To view the current sport fishing regulations for inland waters, please go to or pick up a copy of the booklet wherever fishing licenses are sold.

Selling deer hides
Question: I’m a hide tanner and recently asked a butcher about getting deer hides from him. He was worried about giving them to me because he seemed to think that I would need to have a deer tag for every deer hide. Can you tell me what the legalities are concerning deer hides? I would like to make use of the hides that are being thrown away. Also, do you know of any deer hide sources for me? (David C.)

Answer: It is legal to buy and sell (or gift) lawfully taken deer hides (FGC, section 4303). The person receiving the hides is not required to have a hunting license or tag. However, it’s a good idea for both parties involved to keep records of the transactions to protect against false accusations that the hides were acquired illegally.

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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

Can Anglers and Divers Help Fill Another’s Bag Limits?

Divers cannot help one another to fill their bag limits. Only anglers fishing from boats on the ocean can help others fill their limits (CDFW photo by Derek Stein)

Divers cannot help other divers fill their bag limits. Only ocean anglers fishing from boats can keep fishing until all anglers aboard have limits (CDFW photo by Derek Stein)

Question: We do a lot of ocean fishing and spear fishing and have a question: Does an angler or spear fisher have to stop fishing once they reach their bag limit even if they are with another licensed angler or spearfisher without their limit? For example, if I am on my boat fishing for rockfish with a friend and I catch my limit but my licensed friend is having a slow day, can I legally gift him some of my limit and continue fishing? The same with spearfishing. I know in years past I have been on boats where fishing was not stopped until the boat had limits for everyone fishing. This seems like a gray area to me and I just want to make sure I am following legal and ethical methods while diving and fishing. Thank you. (Charlie C.)

Answer: You can help your friends who are having a slow fishing day only if you are fishing from a boat on the ocean. “Boat limits” are allowed only for ocean anglers fishing for finfish while aboard a boat. This does not apply for divers or for people fishing for invertebrates (e.g. lobsters and crab) or for anglers fishing in freshwater lakes and streams. Boat limits mean that all licensed anglers (and anglers under 16) may keep fishing until enough fish have been caught to fill all the anglers’ collective bag limits. It doesn’t matter who caught the fish as long as nobody is over-limit when they depart the boat. This provision is allowed only in this situation for saltwater anglers fishing with hook and line. It does not extend to divers or to shore fishermen or to people fishing in inland waters (California Code of Regulations, Title 14, section 27.60[c]).

GPS collars for training hunting dogs?
Question: I am training hunting dogs for raccoon and pig hunting and need to buy new tracking collars that I can also hunt with. I’ve always used these old radio frequency collars but want to replace them with some good global positioning system (GPS) collars. One of my hunting buddies says he thinks these GPS collars are going to be illegal to hunt with though. Is that true? (Bart H., Merced)

Answer: Yes, it’s true. GPS collars and collars with treeing switches are prohibited when using dogs for the pursuit/take of mammals (CCR Title 14, section 265(d)). GPS retrieval collars employ electronics that utilize satellite transmissions. Collars with treeing switches utilize a mercury switch mechanism that changes the collars’ signal transmission when the dog raises its head toward a treed animal.

How is the high tide line within MPAs determined and enforced?
Question: In MPA zone mapping, who and how determines what is the “mean high tide” boundary? How is this enforceable to determine if you are in the MPA zone or not? (Anonymous)

Answer: The shoreline shown on nautical charts represents the line of contact between the land and water at a selected vertical datum. In areas affected by tidal fluctuations, this is usually the mean high-water line. In confined coastal waters of diminished tidal influence, a mean water level line may be used. The shoreline of interior waters (rivers, lakes) is usually a line representing a specified elevation above a selected datum. A shoreline is symbolized by a heavy line.

Throw nets to catch baitfish in private lakes?
Question: Can I use a throw net to catch baitfish (threadfin shad) in a private lake? I am assuming that since it is a private lake, it should be fine, right? (Daniel B.)

Answer: California Department of Fish and Wildlife (CDFW) fishing regulations generally do not apply in any water that is self-contained without any hydrological connection to state waters, or to any fish that are planted by the owner or person in control of the property. In these waters fishing methods are not governed by CDFW regulations. However, it would be a violation of the law to transport fish alive from the water where they were taken (CCR Title 14, section 1.63).

Can I mount a camera to my rifle scope to record my hunt?
Question: Is there any law against mounting a camera to the scope of a rifle to record my hunting experience? (Anonymous)

Answer: No, there is no law against this as long as there is no light emitted from the camera.

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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 Sea Ducks

Surf Scoter (Photo courtesy of Ducks Unlimited)

Question: I would like to hunt sea ducks and target surf scoters this waterfowl season. Is this legal? If so, how does one know where it is legal to hunt from shore? Also, if hunting from a boat, I know the motor must not be utilized except to retrieve birds. What other guidelines are there for hunting from a boat? (Scott S.)

Answer: Surf scoters and other sea ducks are found along the entire coast but hunting for them is more popular north of the Golden Gate Bridge in northern California (such as Humboldt Bay) and in Oregon and Washington. Hunting from shore is legal provided that the shoreline is not private (unless you have permission to be there). It also must not be in an area covered by one of the numerous ecological reserves, marine reserves, state parks, etc. along the California coast (see Fish and Game Code, section 2016, for the parameters).

The best thing for you to do is select an area you’re interested in hunting and then contact some local hunting clubs or stores for specific tips and recommendations. Be sure the area allows for discharging of firearms and that you will not be hunting on private property or in one of the parks or reserves that do not allow for hunting.

As far as hunting from a boat, you may not hunt or kill birds while “under power”. In order to legally hunt from a boat, the boat may not be moving due to the influence of the motor.

In general, hunting from navigable waters is legal, as long as the person stays in the boat. Exceptions to this would be the same as the legal closures I listed that cover shoreline hunting.

Multi-day permit question
Question: I have a multi-day fishing permit to use on my personal boat. What is considered a 24-hour day for meeting my daily bag/catch limit? For example, if I am lobster fishing and I catch my limit of seven lobsters before 12:00 am, does a multi-day permit qualify me and everybody onboard my boat at 12:01 am to continue fishing through the night to catch our next day’s limit of lobsters? If not, is a day of lobster fishing considered one complete night so that the next limit of seven lobsters can only be taken the following night? Also, do the same rules apply for fishing, and are all daily bag limits on a 24 hour rotation ending at 12:00 am? If not, then when do they end? (Chris P.)

Answer: A Declaration for Multi-Day Fishing Trip requires that the trip is continuous and extends for a period of 12 hours or more on the first and last days of the trip. If you were fishing or diving for lobster for 12 hours or more before midnight (12:00 a.m.) on the first day of your trip, then you would be able to take your second day’s limit after midnight, as long as your trip extended for at least 12 hours on the second day as well.

The multi-day fishing permit is intended to allow persons fishing offshore, on a trip that lasts multiple days, to catch and keep up to three daily limits of finfish, lobster and rock scallops (in Southern California). In addition, no berthing or docking is permitted within five miles of the mainland shore (California Code of Regulations, Title 14, section 27.15).

Rod and reel and crab fishing at the same time?
Question: Can you set crab pots from a boat, and once finished, fish with a pole as long as the fish are in season? Thanks for your help on this question (Craig J.)

Answer: Yes, there’s no fishing regulation that prohibits rod and reel fishing while you’re soaking your crab pot.

Is it legal to post signs on land you do not own?
Question: I’ve been finding some of my favorite hunting areas now have “No Hunting” signs hung on the fence lines. The problem is these signs are being posted by people who don’t even own the land! This has got to be illegal but I’m not sure what the regulations actually say here. Can you offer us some help? (Jack L.)

Answer: It is illegal for someone to post any sign prohibiting trespass or hunting on any land unless authorized by the owner or the person in lawful possession of the property. By the same token it is also unlawful for any person to maliciously tear down, mutilate or destroy any sign, signboard or other notice forbidding hunting or trespass on land (ref. FGC Section 2018.)

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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

Bowfishing in the Surf?


Bowfishing (photo courtesy of Indian Head Ranch)

Question: Is it legal to bowfish in the surf? Regulations say bowfishing is not allowed within 100 yards of the mouth of a stream. I’m guessing on the beach it is ok for finfish, like spotfin croakers? However, I do know some beaches prohibit bowfishing because they consider a bow and arrow a deadly weapon. Do you know which ones? (David T.)

Answer: You should check with your local police or sheriff’s department first to determine if there are any city or county ordinances prohibiting the use of bow and arrow fishing tackle. If not, it is legal to bowfish in the surf under the following conditions: Spears, harpoons and bow and arrow fishing tackle may be used for taking all varieties of skates, rays and sharks, except white sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may be used to take finfish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, broadbill swordfish, white shark, green sturgeon and white sturgeon (California Code of Regulations, Title 14, section 28.95, 27.90 and 27.91).

Can you hunt waterfowl not listed in the regulations?
Question: I know there are quite a few types of ducks that are not listed in the waterfowl regulations (e.g. teal, mergansers, etc.). If a species is not specifically mentioned, does this mean that they can or cannot be hunted? (Joe D.)

Answer: The waterfowl regulations apply to all species of geese, ducks and mergansers. Coots have different regulations. As long as the waterfowl species you wish to take does not have more specific regulations than the general bag limits, then that non-specified waterfowl species can be included in your general bag.

Retrieving game from private property?
Question: Where can I find the regulations on retrieving game that has moved onto another’s property after being shot? I believe that it is legal but I can’t find the regs. (Joe D.)

Answer: There are no regulations which allow you to recover game that ends up on private property. You are expected to retrieve all game you harvest and not to cause wanton waste by failing to recover something you’ve shot, but you must get permission from the landowner to legally enter their property. If you are not able to reach them for permission, you may contact the local game warden or sheriff and request assistance.

Buying diamondback rattlesnakes from Texas for taxidermy?
Question: I want to buy dead western diamondback rattlesnakes for taxidermy from a seller in Texas. From what I read in the regulations, it is OK. The shipper just needs to label the box with the contents. If this is legal, can you please provide the code section regarding buying/importing dead rattlesnakes? (Bryan W.)

Answer: Dead rattlesnakes can be purchased and imported into California (Fish and Game Code, section 2353). You will just need to make sure the shipment comes with a completed Declaration for Entry form identifying what it is and where it’s coming from. This declaration must be submitted to the department or a designated state or federal agency at or immediately prior to the time of entry. Declaration is not required if shipped by common carrier under a bill of lading.

This form may be photocopied. The original copy of the declaration form shall be retained by the person importing the fish or game into the state. One copy shall be mailed to the Department of Fish and Wildlife, 1416 Ninth St., Sacramento, CA 95814, within 24 hours after entering the state. One copy shall be deposited at the point of entry with any state or federal agency or officer, and one copy shall remain with the fish or game if transported by other than owner or common carrier.

“Point of entry” refers to the city or town nearest your point of entry into California.

Lobster hooping from a public pier?
Question: While lobster hooping from a public pier, the maximum number of nets per person is two. Can a person with two nets deployed for crab/lobster simultaneously use a fishing rod for finfish? What about if the person has a fishing license and lobster card? (Steve G.)

Answer: No, the regulations state that people fishing from a public pier can fish with only two “appliances,” so the two hoop nets and one fishing rod for fin fish would total three. You don’t need a fishing license to fish from a public pier, but anyone fishing for lobsters must have a valid lobster report card.

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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

How Well Can Waterfowl See?

Wood duck (Photo © Carrie Wilson)

Wood duck (Photo by Carrie Wilson)

Question: How well can ducks actually see? Can they see color? I know deer see different shades of gray, but what about ducks and geese? (David V.)

Answer: Waterfowl can control the curvature of both the lens and cornea (mammals, including humans, only control the lens). This is basically how birds can see extremely well while flying and while in the act of diving/feeding. In addition, their eyes act independently and they use one at a time to allow for depth-perception since nearly all waterfowl have monocular, not binocular, vision (they can’t stare forward at objects).

Another unique thing about waterfowl is they can see in almost all directions. A few ducks are the exception to the rule, but usually the eye placement allows them to view in many different directions at the same time. Secondly, waterfowl have a very high number of cones (which dictates color vision in humans) which allows them to see sharp images and have color vision where colors are more vivid than humans’ ability. The breadth of color vision is much wider than our own since UV light can be observed by waterfowl (UV light is absorbed by lenses in humans). This allows waterfowl to fly at night or feed in the dark or at low light conditions.

Diving in MPA reserves with game onboard?
Question: If I am on a commercial sport diving boat and we have legally caught lobster on board, may we go into a marine protected area (MPA) to dive and be assured that we will not get a ticket if we are boarded? We would of course have lobster report cards all properly filled out and the lobsters would be of legal size and taken beforehand in a legal area. Can the boat operator be assured that he will not be cited as well? (Rusty B., Montclair)

Answer: If you have lobsters on board your vessel, you may not dive in a marine reserve with gear that can be used to catch lobster (California Code of Regulations, Title 14, section 632 (a)(7) and (8)). A person can’t have their “fishing gear” deployed in the water when anchored or transiting through a marine reserve or other MPA that prohibits fishing for the species you have onboard. Thus, if a diver dives with a game bag and gloves, then it could be argued they have their lobster “fishing gear” in the water. If divers really want to dive in a marine reserve off their boat with catch on board, they should do everything possible to ensure it does not appear they will be pursuing/taking lobster. This would include stowing their completed lobster report card, along with the lobster and dive bags. A diver wearing gloves and diving with a game bag, or anything else that could be used to take fish, lobsters or abalone (a large dive knife or long stick with a hooked device, etc.) would appear to have another purpose in mind besides sightseeing. It would then be up to the wildlife officer to determine the appropriate action.

Are rules for selling on eBay different?
Question: From my understanding, it is illegal to sell deer skulls, deer antlers or deer mounts in the State of California. I know that eBay is based in California and they allow the sale of deer antlers, mounts and deer taxidermy. Obviously, they are receiving money from the online sale of deer parts so how did that come about, and has there been special legislation to cover it? Was this a decision allowed by the California government, California Department of Fish and Wildlife (CDFW) or has it just happened this way? (Nate H.)

Answer: Just because eBay is selling these things or allowing them to be sold, doesn’t mean it’s legal. Fish and Game Code, section 3039 generally prohibits selling or purchasing any part of a bird or mammal found in the wild in California. Complete antlers, whole heads with antlers, antlers mounted for display or antlers in the velvet may not be sold or purchased at any time. However, shed antlers or antlers taken from domestically reared animals that have been manufactured into products or handcrafted items, or that have been cut into blocks or units which are to be handcrafted, may be purchased or sold. Deer hides can also be sold.

Who can validate big game tags?
Question: I have a question regarding who can validate big game tags. In the regulations booklet there is a list of persons who may validate/countersign big game tags, but I noticed there is no mention of County Agricultural Standards Inspectors. Each county has Agricultural and Standards Inspectors and/or Agricultural Biologists and Standards Inspectors who enforce the laws and regulations of California. Would a hunter be within their legal right to have their big game tag countersigned by such a person? (Andy R., Escondido)

Answer: No. Only those people listed in the regulations booklet are authorized to validate big game tags (CCR, Title 14, section 708.6).

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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 and Shooting from a Mountain Bike

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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When Does Fish and Game Become Just Food?

Pintail (Photo courtesy of USFWS)

Pintail (Photo courtesy of USFWS)

Question: I understand that you can’t have multiple limits in your freezer (unless those limits are gifted to a corresponding number of family members living in the same house). My question is when exactly does your catch become just food? If I cook and smoke a duck and then break it down into parts and vacuum seal it into individual meals, or if I smoke some salmon and vacuum seal or can it, does it then stop being game and become food? If not, how and why does this differ from taking advantage of a grocery store sale and buying a couple cases of salmon? Surely there could be more than a limit of salmon in a case. Please be specific about when and why food stops being game. (Kirk G.)

Answer: Regardless of whether they are fresh, frozen, or otherwise preserved, if you have the edible portions of any sport-taken fish or game, they still count toward your possession limit until they are consumed (Fish and Game Code, section 2001 and California Code of Regulations Title 14, section 1.17.) Grocery stores can only sell commercially processed and packaged meats. Possession refers only to sport-taken fish or game species. For any fish or other meat purchased commercially, just keep them in their commercial packaging to easily differentiate between them from any sport-caught fish or game you may have in your possession.

Can licensed anglers fish more rods from a public pier?
Question: I know people without fishing licenses are allowed to fish from public piers with a limit of no more than two rods. But what if I have a valid fishing license and ocean enhancement stamp and still fish on public piers? Since Fish and Wildlife regs allow licensed anglers to fish in ocean waters with an unlimited number of rods, am I allowed to fish with more than two poles while fishing in ocean waters from a pier? (Frank R.)

Answer: No. If a licensed angler is not fishing from a public pier or jetty and not fishing for a species with rod limits (e.g. rockfish, lingcod or salmon), then more than two rods may be used. On public piers though, no person may use more than two rods and lines, two hand lines, or two nets, traps or other appliances used to take crabs (CCR Title 14, section 28.65(b)), regardless of whether they have a fishing license.

Giving pheasants away to other hunters to keep hunting?
Question: While hunting pheasants, once I shoot my limit, can I give one of my birds to another hunter in the group and continue hunting? (Jerry)

Answer: No. Once you reach your bag limit you are finished hunting for the day. You can give your birds away to other hunters but that does not then allow you to continue hunting that day.

Lobster hunting with bait cages while scuba diving?
Question: Can we use bait cages (like what’s used for hoop netting) while scuba diving for lobster? I want to fill a couple of bait cages with bait and put a float on them with a light stick, set them next to a reef, and then come back and check it for lobster feeding off of it. I don’t see it being illegal since there are no hoop nets involved, or traps and no tickle sticks being used. We’re still catching them by hand. (Anonymous)

Answer: Well, you should keep catching them by hand and not use these bait cages. When diving for crustaceans, the law says they may only be taken by hand, so the literal interpretation would say any other method for a diver is illegal (CCR Title 14, section 29.80(a)(1)). The bait cage is an appliance and is prohibited. The regulation reads: “Nets, traps or other applicances may not be used …” (CCR Title 14, section 29.80(a)(2)).

Hunting upland birds and waterfowl at the same time?
Question: If I’m in the field upland bird hunting and a flock of ducks/geese fly overhead, am I allowed to shoot those birds, too? (Robert G.)

Answer: Yes, but only if the season for waterfowl is open in the area, if you have the required state and federal waterfowl stamps affixed to your license, AND you only have steel or other non-toxic shot in your possession.

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