Category Archives: Tackle

Can a Private Boat Owner Be Cited for a Passenger’s Violation?

California Spiny Lobsters at San Clemente Island (CDFW photo by Derek Stein)

Question: I have my own boat and take friends out lobster fishing with me. I always make sure each person has their license and report card. I also make sure each person has their own bag and keeps each lobster they catch separate as they catch them. My question is, if the game warden finds a short lobster in one of their bags, am I held responsible as the boat owner or would the owner of that bag be responsible? Also, do boat limits apply when fishing for lobster? (Jerry E.)

Answer: Lobsters may be brought to the surface of the water for measuring, but no undersize lobster may be brought aboard any boat or retained. All undersize lobsters must be released immediately into the water (California Code of Regulations Title 14, section 29.90). If the bag or undersized lobster is claimed by any person aboard the boat, that person would most likely be issued a citation for possession of an undersized lobster.

If no one claims the lobster, the game warden can issue citations to everyone aboard the boat (joint possession). Or, since the boat is the property of the skipper, the skipper may be the only one cited because the undersized lobster is possessed aboard the skipper’s boat. Of course, prevention is the best solution, so if in doubt, set it free.

Sport fishing boat limits apply only to fin fish, not lobster. This means that once a lobster fisherman harvests the daily bag limit of seven, he or she may no longer fish for lobster.


Lead ammo for pistol in condor country?
Question: In the lead-free condor zone, can I carry a pistol that is loaded with lead ammo for self-defense, with the intention of NEVER using it for hunting purposes? The purpose of carrying it is for self-defense only. Of course I’ll be carrying lead-free ammo for my rifles, but I want to know about the side arm. Personally, I carry either a Glock 20 in 10mm or a Ruger 44mag. (Brandon C.)

Answer: You may not use or possess lead ammunition in the condor zone while hunting, even if you have no intention of using the lead ammunition to shoot wildlife. For more information on the non-lead requirements in condor country, please go to www.dfg.ca.gov/wildlife/hunting/condor/.


Selling sturgeon eggs from a legally-taken sturgeon?
Question: If I catch legal-sized sturgeons with eggs, can I sell the eggs because I don’t eat them? (Byron M.)

Answer: No. It is illegal to sell any portion of a sturgeon or any fish taken under the authority of a sport fishing license (Fish and Game Code, section 7121).


Grizzly bear tooth
Question: I received a grizzly bear tooth amongst some of my grandfather’s possessions after he passed away. My grandfather grew up here in California and was an amateur geologist and never hunted, so I think he either found or purchased the tooth, although I have no proof. I was wondering if it is legal to possess or sell the tooth here in the state of California. I don’t want to break any laws. (Laura J.)

Answer: It is legal for you to possess it but you cannot try to sell it. The sale or purchase of any bear part in California is prohibited (FGC, section 4758 (a)). Even offering it for sale over the Internet is a federal violation that could make you subject to prosecution under the Lacey Act. You may possess the tooth or give it away, but you may not sell it.

Sounds to me like you have an interesting piece of California’s history, as grizzly bears are extinct in the state — Enjoy it!


Retrieving hoop nets with rod and reel?
Question: Is it legal to use a rod and reel as a retrieval device for a hoop net? For instance, I would connect an 18-inch hoop net to the line of my rod and reel (without hooks) and this would allow me to cast the net in order to better fish for lobsters from a jetty. Is this OK? (Jeff C.)

Answer: Yes, you may use a rod and reel as a retrieval device for your hoop net. You are not required to pull your net by hand, nor are you prohibited from pulling it using a rod and reel.

#  #  #

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.

For a New Adventure, Try Shrimping!

A coonstripe shrimp, Pandalus danae, caught near Crescent City, California (photo courtesy of J. Bieraugel).

A coonstripe shrimp, Pandalus danae, caught near Crescent City, California
(Photo courtesy of J. Bieraugel).

Question: I have been an avid “crabber” in Northern California for quite a while. For a new adventure I’d like to take up “shrimping” but need some information on where to go, when to go and how to catch shrimp. Is it legal to recreationally catch shrimp? If so, what are the seasons and bag limits? Is there still a viable population of shrimp in California? Thanks for any information to point me in the right direction. (Tony M.)

Answer: You may take any type of ocean shrimp in California waters, but spot prawns are the most desirable and sought after for eating purposes. According to California Department of Fish and Wildlife (CDFW) Environmental Scientist and Invertebrate Specialist Kai Lampson, because California’s spot prawns are found so deep – usually 100 fathoms (600 feet) or more – and the bag limit is only 35, most people are not interested in trapping these shrimp recreationally.

Another option though are the lesser known coonstripe shrimp, also referred to as dock shrimp for their habit of sometimes living around pilings. Unlike spot prawns, coonstripe shrimp inhabit relatively shallow water and can be fished close to shore with lightweight traps. They may occur out to depths of 600 feet, but fishermen often set their traps between 70-150 feet. The sport limit is 20 pounds (9 kilograms) per day and there is no closed season or size limit for the sport fishery. While they range from Sitka, Alaska to (at least) Point Loma in San Diego County, the highest concentrations of coonstripe are found in far northern California, near Crescent City.

Shrimp and prawn traps may be used to take shrimp and prawns only. South of Point Conception, trap openings may not exceed ½ inch in any dimension. For traps fished north of Point Conception, trap openings are limited to five inches in any dimension.

To learn more about fishing for these interesting shellfish, please check out the crustaceans section of the current Ocean Sport Fishing regulations for the regulations, legal gear, limits and other information you will need to know (California Code of Regulations Title 14, sections 29.80 through 29.88).


Carrying a loaded gun in a vehicle on a private road?
Question: I know that it is not legal to have a loaded gun in a vehicle when on public roads and in areas accessible to the public, 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.)


Scattering ashes at sea
Question: A good friend recently passed away and his last wishes were to have his ashes scattered at sea. Are there any laws against this? (Jolene P., Modesto)

Answer:  No laws against it, but a permit to scatter the ashes at sea is required by California law. The permit is called “Application and Permit for Disposition of Human Remains.” Check with the local county health department for rules and permits and any other specific requirements they may have.


Do fish farms pose threats to wild fish and the environment?
Question: I have questions and concerns about fish farms and the fish they produce. Do fish farms pose any major threats to the environment? Are high disease rates in farmed fish due to improper fish management? Is it true that wild fish are healthier to consume than farmed fish? How much do fish farms contribute economically to society and do they provide many jobs? Thanks for any insight. (Julie B.)

Answer: Commercial fish farms are required to have CDFW permits, and if properly sited and operated, they should have no negative impact on the environment. If the farmed fish are allowed to escape and impact wild fish or other aquatic organisms though, then that might be another story and adverse environmental impacts may occur.

One potential problem might be if water discharge from the farm is not properly treated, then there could be impacts to water quality of adjacent receiving stream systems. Fish disease issues can be nearly eliminated at the farms if properly managed.

As far as whether farmed fish or wild fish are better for your health, there is no evidence that farmed fish are less healthy to consume than wild fish. Many people will say wild fish quality is better in most cases. Keep in mind though that the quality of all fish is more likely tied to how the product is handled in the distribution chain (e.g. post-harvest) rather than whether it’s wild or farmed.

While fish farming can certainly create jobs and provide more employment opportunities, harvesting wild fish also creates jobs. It’s hard to say whether one industry creates more jobs than the other.

#  #  #

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.

Elk Range in California

Rocky Mt Elk_Yellowstone_USFWS_Bauer_11440_102.3.18

Rocky Mt. elk from Yellowstone National Park were imported into California in 1966 and released in Kern County (U.S.F.W.S. photo)

Question: Why are there no elk in the central or southern Sierra Nevadas? It seems like ideal habitat comparable to that found in Colorado, but the Rocky Mountain Elk Foundation doesn’t even show it as a historic range for elk. Is there some reason they could not and do not thrive in the high Sierras, or at least the foothills? (Nick C.)

Answer: It’s true that the historic range of elk in California did not include the Sierra Nevada range. According to California Department of Fish and Wildlife (CDFW) Statewide Elk and Antelope Coordinator Joe Hobbs, historically tule elk were found in the Central Valley, coast range and the Sierra foothills, but did not occupy the higher elevation regions of the Sierra Nevada.

Previous studies suggest that the Great Basin, combined with the Sierra Nevada and Cascade ranges, served as a western barrier to the natural movement of Rocky Mountain elk (typically found in Colorado, Idaho, Utah, Wyoming and Montana).

Hobbs also says elk are slowly expanding in California and we have received reports of elk in various parts of the Sierra (Plumas, Sierra and even Tuolumne counties). Currently, California has three subspecies of elk. In addition to the tule elk of the Central Valley and foothills, Roosevelt elk are found in the north coast area and the coastal interior regions, and Rocky Mountain elk reside in northeastern California.

Although the Sierra does seem to be composed of habitat capable of supporting elk, historically this was not the case due to the topography of California. Tule elk were found in the Central Valley and coast range and evolved for utilization of these habitat types and not those found in the higher elevations of the Sierra Nevada. The Great Basin and various mountain ranges prevented the Rocky Mountain elk from dispersing into the western portion of the Sierra Nevada range.


Can female Dungeness crabs be harvested?
Question: May I keep female Dungeness crabs if they are of minimum size? (Larry A.)

Answer: Yes. Recreational crabbers may actually take either male or female Dungeness crab. Males reach a larger size, and thus often contain more meat. Many recreational crabbers let females go as a matter of conservation etiquette to help the population replenish itself. During the first half of the season, the females are often carrying eggs and are often under the size limit as well; they simply don’t reach the larger sizes males do. Only commercial crabbers are restricted from taking female crab.


Can non-hunters carry extra shells for waterfowl hunters?
Question: I have a question about the number of shells a waterfowl hunter may possess while hunting. Is it clarified in the regulations that only hunters are limited to no more than 25 shells in the field during the waterfowl season? If not, a non-hunter could then carry another 25 shells into the field for the hunter to use. (Rick S., Pleasanton)

Answer: Current Fish and Game Commission regulations restrict the number of shot shells that are permitted in the field on some refuges or wildlife areas. The ammunition restriction does not apply to all areas, but in the areas/refuges listed in California Code of Regulations Title 14, Section 551(a), the restrictions are twofold:

1) Hunters may not possess more than 25 shot shells while in the field (CCR Title 14, Section 551[q]); and,

2) Only persons with a valid hunting permit for that day are permitted to possess ammunition in the field (CCR Title14, Section 551[b][4]).

Therefore, a non-hunter cannot pack in extra shells for the hunter.


Hunting and fishing at the same time?
Question: Is it legal for me to hunt and fish at the same time? I would like to be on the boat or shore fishing with a shotgun beside me in case a duck or goose comes into range, and vice versa. If I am more serious about hunting that day, can I have a line in the water? Is this legal as long as I follow all the associated rules/laws? (Mike K.)

Answer: Yes

#  #  #

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.