Category Archives: Waterways

Crab Hawk Traps

Posted on March 22, 2012 | Leave a comment

Crab traps must contain escape ports to allow undersized crabs to freely escape (Dungeness crab photo by Carrie Wilson)

Question: Is the Crab Hawk legal for use in California during open crabbing season? The ads say it is not a trap, and because it opens, crabs would not be damaged should they need to be released. Please clarify this for me and cite the appropriate section in the event you determine it is illegal. (Dennis J.)

Answer: The Crab Hawk traps are indeed traps and are not legal as sold because California state law requires traps to possess escape rings.

According to Department of Fish and Game (DFG) Lt. Dennis McKiver, crab traps are required to have at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap (California Code of Regulations Title 14, section 29.80(c)).

Traps that are not specifically provided for in this section may not be used for crabs or other invertebrates. The Crab Hawk trap is not specifically provided for, nor does it meet standards for crab traps in California, so it is not legal to use in the state.

Fishing Lake Havasu with a California Colorado River stamp?
Question: I am a California resident and get a yearly California license with the Colorado River stamp. I also buy a yearly nonresident Arizona fishing license in that state with no Colorado River stamp. Now the question is can I fish from the Arizona side in the river or launch my boat in Lake Havasu and be legal with what I have, or do I need an Arizona Colorado River stamp in addition to the California one? (John C., Banning)

Answer: Based on your question, it appears you buy the nonresident Arizona license so you can fish from shore in Arizona along boundary waters with California. If that is the case, what you have should be fine. A Colorado River Special Use Stamp is required for anyone fishing from a boat or other floating device on the Colorado River or adjacent waters forming the California-Arizona border. In addition, the holder of a California license must have an Arizona Use Stamp, and the holder of an Arizona license must have a California Use Stamp.

Steel shot required for doves and quail?
Question: In a very heated discussion in a duck blind recently, I was challenged to a bet over whether there is public land that requires the usage of steel shot for doves and quail. We eliminated the obvious like refuges, military bases like Camp Roberts and Hunter Liggett, and areas like the San Luis Wildlife Area.

Can you please clarify this situation or point me in the right direction? My friend feels very strongly that the condor zones have not only changed where we can use lead shot but also those requirements have flown down to other areas. (Don S.)

Answer: There have been no recent changes in the use of lead shot for small game including birds within the condor range.

According to DFG Lt. Todd Tognazzini, steel shot is only required for taking all game/nongame on some military bases, National Wildlife Refuges and Wildlife Areas. Lead shot may be used for taking all game birds (excluding waterfowl, of course) and small game (rabbits and tree squirrels) within the condor range.

Fundraising tags
Question: How do the fundraising tags affect the other big game draw tags? I know we are only allowed two deer tags per season. If someone applies for both deer zone tags and the fundraising open zone deer tag and then by chance is drawn for the open zone deer tag, would the open zone deer tag then be the first deer tag? I want to apply for the fundraising tag but don’t know how it will affect my regular deer tags? (Madrigal A.)

Answer: Hunters are limited to no more that two deer tags each season. According to DFG License Program Analyst Glenn Underwood, if you were fortunate enough to draw the fund raising deer tag, you would have to surrender either your first or second deer tag (your choice) prior to issuance of the open zone deer fund-raising tag.

DFG has a list of frequently asked questions that are similar to the one you asked available at http://www.dfg.ca.gov/licensing/hunting/huntingfaqs.html.

# # #

Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

→ Leave a comment

Posted in Firearms/Ammunition, Fishing, Hunting, Info, Licensing/Permits/Stamps/Report Cards, Methods Of Take, Waterways

Can Boat Captains Tell Passengers to Take Someone’s Fish?

Posted on September 29, 2011 | Leave a comment

"Boat Limits" apply on most partyboat fishing trips (DFG photo by Ed Roberts)

Question: If I purchase a one-day fishing license for a day of deep sea fishing, shouldn’t it entitle me to catch my own fish? I ask because while fishing on a party fishing boat recently, some people got their limits early but kept fishing, and some of us were never able to get our limits. The captain knew some people kept fishing after getting their limits and that some people (like me) had caught only a fraction of my limit. Nevertheless, the captain halted all fishing early and headed the boat back to the dock with many unhappy people. He then told the people with overlimits to take extra fish out of their bags to give people who hadn’t caught much.

Does the captain of the boat have the authority to let some people catch more than their share and then require people who had not caught limits to take these other people’s extra fish to call their own just to fool the wardens if they board the boat for an inspection? When I go fishing, I want to catch my own fish. If I run out of time without getting my limit, I can understand not being able to catch my quota. But when the captain of the boat orders me to stop fishing and take fish caught by others, I think that stinks.

Doesn’t sound right or feel right to me, but that’s what happened. What’s your opinion, or better yet, what does the law say? (Jeffrey Castaline, San Mateo)

Answer: Unfortunately, although this seems like an illegal practice, it is not. When fishing on the ocean, boat limits apply (California Code of Regulations Title 14, section 195(e)). A boat limit for a species or species group is equal to the number of passengers aboard the vessel that are licensed or otherwise authorized to sport fish in ocean waters off California multiplied by the individual daily bag limit authorized for a species or species group. This means that each boat must stop fishing once they have the number of fish on board that collectively equal the number of licensed fishermen on the boat, multiplied by the individual limits. For example, on a boat with 20 licensed fishermen, if the bag limit is 10 fish per person, the boat cannot carry more than 200 fish regardless of who caught them. Each person cannot leave the boat with more than an individual bag limit. That’s why the captain told you to fill the remainder of your bag limit with extra fish caught by other anglers.

Although this is legal under California law, it may not seem satisfying for people expecting to catch and keep only those fish they catch themselves.  Keep in mind though that you are not obligated to take the fish from the Captain. If you don’t mind going in without your limit, the Captain cannot order you to take fish. If that is the case and the wardens are waiting at the harbor, and there is an extra limit of fish on the boat because everyone else who walked off had a limit, the Captain may be in violation.  You could also advise the skipper when you board the boat that you will not be accepting fish, so don’t count you in on the boat limit.

All I can recommend for next time is to check with the boat captain ahead of time to see what their practice is and if you may not be able to catch all of your own fish. If so, you may decide to check around for another boat and captain.

Preparing out-of-state antelope for border check stations?
Question: I will be hunting next month in Nevada for antelope, and according to the regulation regarding transportation of game into California, deer and elk are the only big game animals that this law applies to. The law does not apply to antelope correct? I don’t want to hand the guy my declaration of entry form at the bug station on my way home and have him flip out and call the Department of Fish and Game because my animal is not boned out. (Jack S., Sacramento)

Answer: Antelope don’t appear to be susceptible to chronic wasting disease (CWD), so there are no special restrictions. The law created to keep CWD out of California only applies to deer and elk. If you are worried about this, you can provide the border station with a copy of section 712 of the California Code of Regulations Title 14. For more information, please go to www.dfg.ca.gov/news/issues/cwd_faq.html. 

Fishing the California-Arizona line
Question: If I fish from a boat in Lake Havasu (launched from the Arizona side), do I need a California resident fishing license with a Colorado River stamp or do I need an Arizona license? (Dave Chambers)

Answer: A Colorado River Special Use Stamp is required for anyone fishing from a boat or other floating device on the Colorado River or adjacent waters forming the California-Arizona border. In addition, the holder of a California license must have an Arizona Use Stamp, and the holder of an Arizona license must have a California Use Stamp.

#  #  #

Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

→ Leave a comment

Posted in Bag Limits/ Possession, Fishing, Licensing/Permits/Stamps/Report Cards, Regulations, Transporting Taken Animals, Waterways

Tagged , , , , ,

Turning a Waterski Kneeboard into an Abalone Diving Rig?

Posted on June 23, 2011 | Leave a comment

Red abalone with tealia (Photo by DFG Marine Biologist Derek Stein)

Question:What is the definition of a boat or vessel? I ask because I am altering an old waterski kneeboard into a specialized abalone diving rig with a small anchor so I can accurately place my board closer to abalone. It’s a smaller version of a surfboard. It has no sails, rudders, oars or motor but does have an anchor. The anchor will be a marker for me to follow down on my next breath. I am wondering though if by adding this anchor I am making it into what will be construed to be a vessel? (Devin G.)

Answer: There is no prohibition against using a kneeboard instead of a float tube, which is much more common for abalone. A diver may use an anchor on a float tube or kneeboard if they choose to, but most just tie a line to a piece of kelp to keep the tube in place. What you describe is a legal device to access an abalone diving spot as long as you are not using SCUBA equipment. A kneeboard would not be considered a boat or vessel so you will not need to tag your abalone and fill out your card until you return to shore.

Retaining just one claw when crabbing?
Question: Our fishing club is planning a fishing trip for local crab out of the Santa Monica Bay area. Some people in the group insist we should only keep one claw from each crab so they can be put back to grow another claw and still live. I know with lobsters we are instructed to leave them whole until they are ready for consumption to allow the game warden to verify it’s a legal catch. Is it legal to keep only one claw, or do we need the entire crab to allow the game warden to verify? (Jerry E.)

Answer: You are required to take the whole legal-sized crab to prove your crab is of legal size. Possessing just claws would be a violation because the size of the crabs they came from cannot be determined (Fish and Game Code, section 5508). Crabs also carry a lot of meat in the body. Crab season for all crabs of the genus Cancer (except Dungeness crabs) is open all year. The size limit in Southern California is four inches and the part of the crab that we measure is the main body shell (edge of shell to edge of shell at the widest part).

While crabs may be able to regenerate lost claws under good conditions, crabs with only one claw have a far tougher time fending off predators than if they had both claws for protection. Predators will go after any weakened animal, so just removing a claw may be considered a waste of fish – also a state violation.

A two-day nonresident hunting license to shoot pigs?
Question: My friend is coming to California soon and I’d like to take him out pig hunting. Since we’ll only have a couple of days available to hunt, can he just purchase a two-day nonresident license to cover him on the days we hunt? It seems like a waste to buy a full license for only a few days of hunting. (Jared H., Coalinga)

Answer : Unfortunately, no. The two-day hunting license is only valid for taking resident small game and nongame birds/mammals and is not valid for big game species in California.. Your friend would be required to buy an annual nonresident license and a current nonresident wild pig tag.

Coastal Access?
Question: I have a coastal/waterway access question. If a stream with a state highway marker goes under the Pacific Coast Highway and into a beached cove, can I walk down the center of the stream to the ocean and go for a swim? The land surrounding the stream is private, and the landowners would like to assert that no access to the cove is allowed, even from a boat. (Mike Pinkerton)

Answer: In California land is deeded under flowing stream channels, so you would be trespassing. If the land is posted with no trespassing signs at 1/3 mile intervals, fenced or under cultivation you could be cited for this violation (Penal Code, section 602.8). The water you described is state water and as long as you were floating on the water, such as in a boat, there would be no violation.

# # #

Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

→ Leave a comment

Posted in Abalone, Bag Limits/ Possession, Diving, Fishing, Info, Licensing/Permits/Stamps/Report Cards, Methods Of Take, Recreation, Regulations, Waterways, Wild Pigs

Tagged , , , , , , , , , ,