Category Archives: Hunting

Hefty Halibut, Harpoons and Small Boats

(CDFW photo by Dean Troutte)

(CDFW photo by Dean Troutte)

Question: Pacific halibut have become a sought-after sport fish out of Eureka and Trinidad. I have a question about landing large Pacific halibut, particularly in a relatively small boat. Many people use a type of harpoon with a head that comes off and is tethered to the boat. This prevents the fish from heading down while a rope is run through its gills for hauling it aboard. I was told that harpooning them this way was possibly illegal under rules governing harpooning fish. In this case the fish was caught with normal hook and line. The harpoon is used only to land the fish safely, similar to a gaff but more secure. Is this legal? Are there better methods? I have heard many tales of big halibut doing serious damage to fishermen if they are brought aboard too early and without steps taken to control them. All ideas are welcome. (Tom P., Eureka)

Answer: Harpoons cannot be used to “take” halibut, and landing the fish is an integral part of “take.” So just because you get the fish to the surface, it does not mean it has been “taken” until it is landed (secured). Most fish are lost at the surface, so take has not been completed and a harpoon could not be used at this point. Harpoons are only allowed for the actual take of all varieties of skates, rays, and sharks, except white sharks (California Code of Regulations Title 14, section 28.95).

While the use of a harpoon to “take” halibut is not authorized, the use of a “spear” to take halibut is legal, but you have to be “a person floating or swimming in the water” (CCR Title 14, section 28.90). Use of a gaff, including a gaff with a detachable hook, is authorized to land the fish as long as it is legal size. So the best option and the only one that is legal for California is to use a gaff with a detachable hook, sometimes referred to as a flying gaff. The description of a gaff can be found in CCR Title 14 section, 28.65 (d).


Keeping rattlesnakes as pets?
Question: Can rattlesnakes be collected in the wild and kept as pets? I know that no licenses are required to kill them but don’t know if they can be legally kept as pets. (Andrew G., Angels Camp)

Answer: Yes, except for the red diamond rattlesnake where no take is allowed – so be sure you can identify your snakes! Before collecting anything, you should first check with your local animal control agency regarding whether any local laws apply in your area. Under state law, all pit vipers (except for the five other California native rattlesnakes listed in CCR, Title 14 section 671(c)(7)(E)) are restricted species that may not be possessed without a permit. Keeping live, native rattlesnakes (except for the red diamond) is not prohibited by Fish and Game laws. No license is required to take or kill other rattlesnakes in California, but the daily bag and possession limit is two. The take of other species of native reptiles and amphibians requires possession of a sport fishing license. The daily bag and possession limits are provided in CCR, Title 14 section 5.60.


Privately fishing on a commercial charter boat?
Question: My friends and I are having a discussion about crab fishing regulations. If someone operates a crab fishing charter business in the San Francisco Bay area, they are limited to six crabs per person at a minimum size of 6 inches each. Does this mean that any time they fish regardless of whether it is for hire/charter or for personal reasons (family and friends), they can only take six crabs? Or, if they are fishing as a private boater (e.g. not for hire), can they take 10 crab per person instead? (Gerry)

Answer: If they are fishing as a private boater, and not for hire, they are not subject to the restrictions that apply to a charter boat. Since there is always a chance that a warden will check the fishermen on the boat, it is a benefit to everyone if there is a note in your private boat log (if you have one) that reflects that this is not a charter trip, and that the warden is made aware of the circumstances when first contact is made.


Help for new rabbit hunters?
Question: My son and I are new to rabbit hunting. For possession limits, will my 16–year-old son and I each be able to have 10 in possession (20 total) as long as we mark which animals we each harvested? (Dan)

Answer: If hunting for brush, cottontail or pygmy rabbits or varying (snowshoe) hares, bag and possession limits (for each of you) in the aggregate of all species is five per day, 10 in possession. Remember, that’s no more than five for each of you per day and no more than 10 in possession after two days. No need to mark which animals belong to whom as long as you keep each bag separate. However, if you don’t remain together, one person should not be in possession of two limits. If hunting for jack, black-tailed or white-tailed rabbits, the season is open all year and there are no bag or possession limits.

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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 Cal.Outdoors@wildlife.ca.gov.

Scouting with Scuba for Abalone?

(Photo by Derek Stein for CDFW)

Scuba divers cannot assist a free diver in any way when pursuing abalone (CDFW photo by Derek Stein)

Question: Is there any regulation prohibiting a photographer with scuba gear from also scouting out large abalone for a regulation-compliant abalone diver to take? Thanks in advance, and for all you do. (Dave C.)

Answer: The photographer in scuba cannot assist the free diver in any way. The action you describe falls within the definition of “take” under the Fish and Game Code and its regulations (see Fish and Game Code, section 86 and California Code of Regulations Title 14, section 1.80). Both the abalone diver and the photographer with scuba gear may be cited for violating CCR, Title 14 section 29.15(e), which prohibits the use of scuba gear to take abalone.


Ocean whitefish fillet size limit
Question: I noticed in the new ocean sport fishing regulations that ocean whitefish fillets are required to be a minimum length of 6½ inches long and retain the entire skin intact. However, there is no minimum size limit for the whole fish. Why is there a size limit on fillets but not on the whole fish? (Jim Martinez)

Answer: The reason is because previously in the regulations, the basses (kelp, sand and spotted) all had 12 inch minimum total lengths or 6½ inch minimum fillet lengths, and were required to retain 1-inch patches of skin still attached for identification. Ocean whitefish fillets looked so similar to the bass fillets that they too were required to measure a minimum of 6½ inches with skin attached to avoid confusion with the basses. This year though fishery managers increased the minimum lengths of the basses to 14 inches and the minimum fillet lengths to 7½ inches. Because there was no biological reason to increase fillet lengths on the ocean whitefish, scientists chose to leave their minimum fillet lengths at 6½ inches and to require all skin to be left on so that there still could be no mistaking ocean whitefish fillets with fillets of one of the three bass species.


Hunter Ed question regarding a someone with a felony
Question: My father-in-law is interested in big game hunting. Unfortunately for him, he has a non-violent felony conviction which bars him from possessing a firearm. This will allow him to only hunt via archery methods.

Does he still have to take the standard hunter safety course or is there a special class for archery only? I have a feeling he has to take the standard course even though all the firearms questions will have no bearing on his archery tackle pursuit. If he does take and pass the course, may he still hunt during the general deer season using a crossbow with me?

I pride myself on knowing CDFW law well, but this wrinkle throws me for a loop. He is a great guy who just made a bad choice more than 12 years ago. Now that I married his step-daughter and am such an avid hunter, he wants to get in on the fun, but only as the law allows. (Anonymous)

Answer: He will still have to take Hunter Ed, but he will have to find a class that does not use real firearms or have a live-fire requirement in the class. While signing up for the class or else at the very beginning of the class, your father-in-law should notify the instructor immediately of any firearms restrictions he may have. Then the instructor can determine how best to accommodate him during the class. For a list of available hunter education classes in his area, please go to http://www.dfg.ca.gov/licensing/hunting/.

Hunter Ed isn’t just about firearms. It includes all forms of hunting, hunter safety, conservation, ethics, etc. In most cases convicted felons are not restricted from using archery equipment or air rifles but he should check with his parole officer or the court to make sure the conditions of his case do not preclude using these methods of take for hunting.


Practicing spearfishing in rivers?
Question: I know it is not legal to spear fish in rivers. However, if I want to take my spear to the river to practice my technique with no intention of taking any fish, am I abiding by the law? (Zoe D., Trinidad)

Answer: Spearfishing is permitted in some rivers, such as those in the Colorado River District and the Valley District (as authorized under CCR Title 14, section 2.30) but primarily only for a few species of non-game fish. New this year, spearfishing for stripers is now legal in the Valley District. Even if just practicing your techniques, don’t forget your fishing license! Otherwise, the use and possession of a spear within 100 yards of any canal, river, stream, lake or reservoir is specifically prohibited (CCR Title 14, section 2.09).

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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 Cal.Outdoors@wildlife.ca.gov.

Seized Fish and Game … What Happens To It?

Seized overlimit of crappie (CDFW photo)

CDFW game wardens, working from an anonymous tip, apprehended three poachers fishing in Clear Lake and seized 151 crappie (76 over the limit). The trio plead no contest and paid stiff fines in excess of $7,200 (CDFW photo from 2007).

Question: What do the wardens do with the seized abalone, crab, cod, salmon, etc.? You can’t tell me that it gets thrown away! (Austin)

Answer: When unlawfully taken fish or game is seized, it is kept as evidence until the case is settled or until the judge orders it returned. In most cases though, if at all possible and in good condition, seized fish and game is given to the homeless shelters or soup kitchens that allow donations of wild fish and game. Because of inspection requirements, some facilities may not be able to accept these donations. If a suitable facility cannot be found, the evidence is thrown away or destroyed. In some commercial cases involving commercial size loads, the Fish and Game Code allows for this evidence to be sold and the proceeds may be used by the Department.


Shrimp fishing
Question: I would like to do some shrimp fishing but when I read the regulations, they say shrimp traps can’t have an opening larger than a half-inch in diameter in waters south of Point Conception. This makes it impossible to catch any of decent size. Are there different regs for spot prawns which are quite large and could never fit through this size hole? (Jesse Link)

Answer: Your reading of the regulations is correct on the size of the trap opening, and you are also right about the opening size making it impossible to catch large spot prawn. According to California Department of Fish and Wildlife (CDFW) senior marine invertebrate specialist Kristine Barsky, when that regulation was developed, there was no interest in catching spot prawn recreationally. The reason was because they are found so deep (80 to 100 fathoms) and it is time-consuming to raise and lower traps to that depth when the daily bag limit is only 35 shrimp. In more northern states spot prawns are found in shallower water, but off Southern California they stay deep. The opening was kept small to prevent take of short lobster in this area.

As always, you are free to develop suggestions for regulation changes that you may present to the Fish and Game Commission. For more information regarding this process, contact the California Fish and Game Commission at fgc@fgc.ca.gov or visit their website at www.fgc.ca.gov.


Fishing during closed season
Question: In the freshwater regulation hand book under Section 1.38 it states: “CLOSED SEASON. That period during which the taking of fish, amphibians, reptiles, mollusks or crustaceans is prohibited.”

Can a person still fish during a closed season as long they release all the fish they catch? In other words, I would practice catch and release and use barbless hooks to protect the fish from further harm. The regulation restricts the taking of fish, but no fish will be taken. I am very confused. Can you help clarify?. (Robin O.)

Answer: Fishing during a closed season is prohibited, period. Even though you don’t intend to take any fish away with you, the definition of take is to “Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempting to do so” (CCR Title 14, section 1.80). Therefore, despite your best methods, even the attempt to fish is prohibited. There are few exceptions, but the take of crayfish other than with hook and line is authorized under 5.35 (e) when a stream is otherwise closed to fishing.


Max rounds in hunting rifle?
Question: What is the maximum number of rounds you can have in your hunting rifle? I have heard it is five rounds but other people have said the California limit is 10 rounds. What’s the correct answer? (Nick Holly)

Answer: Most rifles hold three to five rounds, but the California penal code allows for up to 10 rounds. There are no California Fish and Game Code sections that address limits on the number of rounds a rifle may hold. Remember the Penal Code prohibits the purchase or sale of any centerfire rifle or magazine that holds more than ten rounds. There are many rifles out there that were purchased long before these laws went into effect that are perfectly legal. Many people own .22 caliber rifles with tube magazine and high capacities. These are not outlawed and can be used for hunting small game.  Many people have carbines and other rifles bought long ago and they too are still legal even with a 30 round magazine.

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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 Cal.Outdoors@wildlife.ca.gov.