Category Archives: Fish and Game Code

Fishing With Glitter May Bring More Than Big Fish

CDFW photo by marine biologist Derek Stein

(CDFW Photo by Marine Scientist Derek Stein)

Question: I have been studying up on different methods of spear fishing while free diving and have read about the use of “glitter” as an attractant for bait fish. I have an idea to sprinkle glitter in the water so that when the bait fish come to investigate, the large game fish will follow and be caught as they attack the bait fish!

What are your views and the legal ramifications of this method? I understand chumming is not legal for taking game animals in our state, but the use of artificial lures is. With my idea the game fish would not be chummed by this method but instead just attracted by the collection of bait fish. If this method actually works, would it be legal? (Theodore G., Stockton)

Answer: You have an innovative idea there. Unfortunately, even if your plan to lure unsuspecting fish to you by sprinkling shiny, sparkling glitter in the water were to work, you could be cited for doing so. Placing glitter in the water is littering and is prohibited under Fish and Game Code, section 5652.

The activity you describe would be considered chumming and chumming is defined as “placing any material in the water, other than on a hook while angling, for the purpose of attracting fish to a particular area in order that they may be taken” (California Code of Regulations Title 14, section 1.32). Chumming in the ocean is allowed (as long as the chum is not considered to be litter), but chumming in freshwater is typically not permissible except in specific areas and for certain fish species (see CCR Title14, section 2.40).

Prohibited from retrieving deer from private property
Question: I recently shot a doe with my A31 tag in Los Angeles County (Archery Only-Either Sex). It appeared to be a lethal shot from 22 yards with decent shot placement. I tracked the blood to a privately owned ranch 100 yards away. I stopped tracking it when it appeared she went onto the ranch property. I then approached the ranch manager to get permission to continue tracking my deer. The owner initially agreed but after one of her coworkers talked to her, she retracted her permission (approximately 10 minutes from the time we spoke in her office). She requested that we leave her property at once as she didn’t want people to think they approved of hunting. I didn’t have enough time to locate my deer and left broken-hearted.

I don’t like seeing animals die or suffer for no reason. I would never have shot if I would have known I couldn’t recover her. I believe I did everything legal and correct but it shouldn’t be right that a deer goes to waste because of the bias of a property manager.

Is there anything I could have done to recover my deer? Do I have any rights or is there anyone I could have contacted? I’m still sick over the situation. (Luke G., Loma Linda)

Answer: It’s unfortunate that this happened. Although the law prevents one from wasting the deer, the law does not permit the trespass to retrieve it. Perhaps, if you’d contacted the local game warden, they may have been able to contact the ranch manager or owner for some possible assistance to prevent the deer from going to waste.

According to California Department of Fish and Wildlife (CDFW) Lt. Todd Tognazzini, when archery hunting it is recommended to hunt farther from private property boundaries to avoid this type of problem as deer taken with archery usually travel farther after a lethal wound than those shot with a rifle. Tognazzini says he has never been refused when a fresh and legitimate blood trail is found leaving public land onto private property.

Where does inland end and ocean begin?
Question: I would like to fish with two rods in the Delta but don’t know whether the regulations are in the freshwater books or in the ocean books. Is the Delta part of the ocean regulations or is it considered inland waters? Where does it change from ocean to inland if considered inland? (Brian S., Felton)

Answer: You can legally fish in the waters of the Delta with a second rod stamp. Inland regulations apply from upstream of the Delta to Carquinez Bridge. The definition of inland waters vs ocean waters is, “Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco and San Pablo bays downstream from the Carquinez Bridge, the tidal portions of rivers and streams flowing into San Francisco and San Pablo bays, and the waters of Elkhorn Slough …” (CCR Title 14, section 1.53).

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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

If Land is Not Posted, Can it be Hunted?

Kids take part in a managed youth hunt with the help of guides and parents on a state wildlife area. (Photo courtesy of MDC)

Question: I have two questions about a recent press release announcing the dove opener. First of all it states: “Hunters must have written permission from the landowner prior to hunting on private land.” I believe this is incorrect. If the property is POSTED, a hunter must have written permission. If it is not posted, there is no requirement for the hunter to know it is private and therefore stay out. The law is written a little odd, but I think this is the agreed interpretation.

My second question is regarding the press release statements, “It is illegal to hunt within 200 yards of an artificial water source for wildlife.” I have never seen this before. What is that statute? My understanding of the law was that a hunter many not park a vehicle or camp with 1/4 mile of an artificial water source and that he could not stay on the water source for more than 30 minutes. However, it’s perfectly legal to hunt right up to and across a guzzler (or other artificial water). (Jim Mathews)

Answer: Regarding your first question, you are correct that hunters don’t always need to have written permission from the landowner to hunt on private lands. Hunters are required to obtain written permission prior to hunting on private land that is fenced, cultivated, or where signs forbidding trespass or hunting are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering those lands (Fish and Game Code, section 2016). However, the California Department of Fish and Wildlife (CDFW) advises hunters to respect the property rights of others. CDFWs hunting regulations booklets all state:

“If the land you hunt on is not your own, it belongs to someone else. Make sure you have a legal right to be there. Contact the owner or person who administers the property, and secure written permission to hunt. A hunting license does not entitle you to enter private property.”

This is always the best practice. Public land managers may restrict hunting activities, too. Unfortunately, one of the most common perpetuations of a negative image of hunting is hunter trespass. Land owners are never pleased to find strangers with guns on their property without permission.

For the entire language of the hunter trespass law, please go to and search using Code = FGC and Section = 2016.

As far as your second question, you are referring to the regulation for Camping Near or Occupying Wildlife Watering Places (California Code of Regulations Title 14, section 730). The regulation does not apply everywhere, and it specifically lists the prohibited activities and the locations where they are prohibited. The press release should have referenced “wildlife watering places” as those are the exact words from the regulation.

Wildlife watering places are defined as: “Waterholes, springs, seeps and man-made watering devices for wildlife such as guzzlers (self-filling, in-the-ground water storage tanks), horizontal wells and small impoundments of less than one surface acre in size.”

“Camping/Occupying” is defined as: “Establishing or inhabiting a camp; resting; picnicking; sleeping; parking or inhabiting any motor vehicle or trailer; hunting; or engaging in any other recreational activity for a period of more than thirty (30) minutes at a given location.”

Under this regulation, hunting is prohibited within 200 yards of the following:

• Any guzzler or horizontal well for wildlife on public land within the State of California.
• Any of the wildlife watering places on public land within the boundary of the California Desert Conservation Area as depicted on the Bureau of Land Management maps of “Calif. Federal Public Lands Responsibility,” “Calif. Desert Conservation Area” and the new “Desert District, B.L.M.”

Hunting is also prohibited within one-quarter mile of the following wildlife watering places:

(A) Butte Well – Lassen County.
(B) Schaffer Well – Lassen County.
(C) Tableland Well – Lassen County.
(D) Table Mountain Well – Lassen County.
(E) Timber Mountain Well – Modoc National Forest, Modoc County.
(F) Belfast Well – Lassen County.

For the entire language of this section, please go to and search using Title = 14 and Section = 730.

Shell collecting prohibited on Newport Beach?
Question: I often walk on the beach in Newport and collect any shells that appear to be in good shape. Recently a city official told me I cannot collect shells on the beach. Are there specific local, state or federal laws or regulations governing the collection of common shells on the beaches of Newport? (Lori, Newport Beach)

Answer: Unless the beach is part of a Marine Protected Area with Title 14 regulations that specifically prohibit collection of shells or nonliving marine resources, Fish and Wildlife laws don’t prohibit shell collection. If a city official told you that you cannot collect shells, then there may be a city ordinance. You should check with the City of Newport Beach.

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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

Peace Officer, Archery Hunting and Off-duty Weapon

CPW bow hunter_Tyler Baskfield_22336

A peace officer, whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow, but shall not take or attempt to take deer with the firearm.

Question: My question is about peace officers carrying a handgun while archery hunting. The way I read the Fish and Game Code, it only states that you may carry a firearm capable of being concealed on his or her person, not that it shall or will be concealed. I always carry a backpack while hunting, and I usually carry my off-duty weapon on the waist belt under a pouch. This is not totally concealed, so is it acceptable or is it going to be left to officer discretion in the field? (Ken)

Answer: Yes, this is acceptable, but make sure to carry your peace officer identification to avoid any confusion.

“A peace officer …, whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow …, but shall not take or attempt to take deer with the firearm” (Fish and Game Code, section 4370(b)).

Lifetime fishing license is too long!
Question: I purchased a lifetime fishing license about 10 years ago. What used to be a small piece of paper that I could put in my wallet or keep in my tackle box has grown to where it’s now more than six feet in length. How about giving me a credit card type of license I can recharge every year instead of a new one? This would save a lot of money and be a lot easier to carry. (Michael T.)

: When lifetime items are renewed online, multiple items (tags, report cards, etc.) ordered together may arrive in one envelope and be printed out together as one long document. This accounts for the document length you describe, but just so you know, you should separate your documents on the dotted line printed between documents to make them more manageable.

According to California Department of Fish and Wildlife (CDFW) Associate Governmental Program Analyst Brent George, our License and Revenue Branch at one time considered a credit card system for lifetime license customers. Although the idea has some merit, they found that given California’s large population, and the overall complexity of sport fishing and hunting privileges available throughout the state, this solution is not practical. CDFW always tries to consider all viable options when developing licensing solutions for California’s hunters and anglers.

Spearfishing in Duxbury Reef State Marine Conservation Area
Question: I have a question regarding fishing regulations as they apply to spearfishing in the Duxbury Reef State Marine Conservation Area. The regulation provides that “take of all living marine resources is prohibited except the recreational take of finfish (California Code of Regulations Title 14, section 632(a)(2)) from shore and abalone.” Can I swim from shore and spearfish? I would assume the answer is yes because one has to swim from shore to dive for abalone, so swimming from shore to spearfish should similarly be allowed. What about using a kayak to get out to the dive spot? Or, what about inner tubes or boogie boards? (Gary R.)

Answer: Although you may swim from shore to take abalone, you may not spearfish in the Duxbury Reef State Marine Conservation Area. Finfish may only be taken from shore in this area (CCR Title 14, section 632(b)(50(B)).

Need a definite schedule for upcoming grunion runs
Question: I grew up in California but now live in New York. I am coming for a visit and would love to bring my kids to see a grunion run. I have your schedule but want to know if it is a definite schedule. I know they follow the full moon cycle but just want to know if there has ever been a time when you predicted the grunion will spawn on a certain day but they did not? (Andrea C., New York)

Answer: Grunion runs will occur on most southern California beaches, but unfortunately for people trying to see the grunion runs, they may not occur every night on the same beaches and may be limited to small areas of any one beach. Sometimes grunion choose not to run on beaches that are known for grunion runs; only they know why. Long story short, there are no guarantees, but as with most fishing efforts, if you don’t try you certainly will not see or catch any fish!

Grunion will spawn somewhere in their range on the days predicted; if they do not show up on one beach, they are usually at another beach. The schedule predicts the best possible times to view the runs, based on years of documentation of their behavior. Beaches that frequently host grunion runs are listed online under What Every Grunion Hunter Should Know > Best locations, on

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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

What’s the Level of Wildlife Officers’ Search Authority?

CDFW Wildlife Officers have broad search authority. Hunters and anglers are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife.

CDFW Wildlife Officers have broad search authority. People are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife (CDFW photo)

Question: Do California Department of Fish and Wildlife (CDFW) wardens have the authority to search a sportsperson’s truck, boat, cooler, etc. without a warrant or probable cause? If so, how would an abalone check point (for example) not be a blatant violation of the Fourth Amendment of the constitution? I’m all for stopping poachers, but not at the cost of violating what makes our country so special. Thanks. (John McClellan)

Answer: In the hunting and fishing context, wildlife officers are authorized to conduct compliance inspections that would likely require warrants or probable cause in other contexts. Hunting and fishing are highly regulated activities. The fish and wildlife belong to the people of the state and not to any individual. Many states, including California, recognize this and have enacted statutes to allow Wildlife Officers to conduct regulatory inspections when interacting with those who are engaged in hunting and fishing activities. Some of these include:

• Authorization to inspect boats, buildings other than dwellings, and containers that may contain fish or wildlife (Fish and Game Code, section 1006)

• Authorization to “enter and examine any…place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or to board any fishing boat…or vehicle or receptacle containing fish…and may examine any books and records containing any account of fish caught, bought, canned, packed, stored or sold.” (Fish and Game Code, section 7702)

Also, people are required to exhibit upon the demand of a wildlife officer all licenses, tags, wildlife, and any device or apparatus designed to be, and capable of being, used to take wildlife (Fish and Game Code, section 2012)

The courts have consistently upheld these inspection authorities. As for check points, CDFW has used check points for the past 25 years as a focused and effective means of educating resource users and deterring violations of our wildlife laws. In a state as vast as California with a population of over 38 million people and with a staff of only 400 sworn officers, CDFW needs to ensure that the funds and manpower resources we have are put to the most efficient use possible. Conducting checkpoints allows us to contact thousands of people who are using our public trust resources with a handful of officers. For those who are not using our public trust resources, the check points provide us an opportunity to educate them about our state’s wildlife resources and our role in protecting those resources. The courts have established minimum standards that must be followed when we conduct checkpoints, but just like DUI checkpoints, wildlife checkpoints have been upheld by the courts.

Helping friends fill their deer tags?
Question: If a group of friends go hunting for a week, and one of the hunters tags a buck on the first day, can he continue to carry his loaded rifle with him and help his friends fill their tags? If not, can he only help with spotting and drives without a weapon? (Rod P., Napa)

Answer: Once a hunter takes a deer and fills his tag, he may accompany other hunters but cannot assist them in any way in the take of additional deer. In addition, he should leave his rifle behind. Otherwise, if encountered in the field with a rifle or other method of take, wildlife officers may determine the person assisting the hunters is also actively hunting.

Fishing for rockfish and fishing crab snares simultaneously?
Question: Can a kayak/boat angler use one line to take rockfish and then fish a crab snare with another line? In this case, a hand line tied off to his kayak? (Anonymous)

Answer: The law requires that when fishing for rockfish, only one line with no more than two hooks may be used. However, in this case, an angler may also fish for crabs at the same time with a line that attaches to a crab loop trap because these traps will not likely catch rockfish. If approached by a wildlife officer, the angler should be prepared to explain up front that only one line contains two hooks for rockfish and the other line is attached to a crab loop trap. Remember that crab loop traps are restricted to six loops.

Pelagic red crabs
Question: The pelagic red crabs (tuna crabs) are drifting in with the warm El Niño waters and washing up on beaches everywhere. I’d like to use them for bait. Are there any regulations to be aware of? (Andrew S.)

Answer: The limit is 35 pelagic red crabs per day and 35 in possession. There are no size limits and they may be taken only by hand.

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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

Must Hunters and Anglers Carry CDL with License?

Hunters and anglers should carry photo identification along with appropriate fishing/hunting licenses to properly identify who they are (CDFW photo by Debra Hamilton).

Hunters and anglers should carry photo identification, along with their appropriate hunting/fishing licenses, to properly identify themselves to wildlife officers when asked. (CDFW photo)

Question: While hunting or fishing, besides carrying the appropriate license(s), do I also need to carry my state driver’s license? I would prefer to leave it in my vehicle, but I also want to be sure I am in compliance with the law if I run into a game warden in the field. So my question is do I need to carry photo I.D. with my license? (Anthony B.)

Answer: You will need to verify that you are the person holding your own fishing or hunting license. Though photo identification is not mandated by law, being able to identify yourself properly is. If you cannot appropriately identify who you are, you may see yourself in an extended contact with the wildlife officer. If you’re getting cited for something, the wildlife officer may have to take you to jail until you can be properly identified. The bottom line is even though the law doesn’t state you must have photo identification in possession, it would benefit you greatly to carry photo identification, so you may properly identify who you are to the wildlife officer.

Family crabbing trip
Question: My family plans to take a trip to San Francisco this July. Is red crab season still open or is it open all year? If it is open, please let me in on some rules and regulations, such as the limit and the size? Where can I find more information about crabbing in San Francisco and ask more questions? (Kao X.)

Answer: Take of rock crab is open year-round. Red/yellow/rock crab are species that may be kept in San Francisco Bay (no Dungeness crab may be kept from the Bay, even during the open season). Rock crab and other non-Dungeness crab have a daily bag and possession limit of 35 crab that must measure at least four inches across (see California Code of Regulations Title 14, section 29.85(b) on pg. 50 of the current Ocean Sport Fishing regulations booklet).

There are a variety of piers where people go crabbing in the San Francisco Bay area. Try reviewing piers on the website A guide that shows the differences between the crab species is available online at

Be sure to review the above subsection thoroughly for further fishing regulations that pertain to rock crab (bag limit, size limit, etc.). For more information about crab, you can visit our Invertebrate Management Project webpage at

Transporting cleaned and portioned fish
Question: If I take a long road trip with my boat in tow and catch fish over a few days, my concern is that while I will only have legal quantities in possession, the fish will be cleaned, portioned and vacuum sealed before I return home with my boat in tow. I know it’s legal to clean fish after I am at my vacation home, but in this this situation the quantities of yellowtail, yellowfin, white sea bass, etc. would be impossible to determine even though I am within the possession limits. How would a wildlife officer deal with this situation if I was stopped on the roadtrip home with a cooler full of vacuum sealed fish? (Charlie C.)

Answer: Unless the regulations specifically require that a fish be kept whole until being prepared for immediate consumption, such as lobster and abalone, you may clean and store your fish in any condition you want to, once they are brought ashore. In similar situations, people have chosen to package each fish separately, and retain the carcass, so that if stopped by a wildlife officer, they could show the officer the legal-sized carcasses, which would also aid in identifying the species of fish. That still would be more complicated than if you hadn’t chunked up the fish, but it would be better than a bag of nondescript cubes of fish. If the quantity appeared highly excessive, a wildlife officer might use our Wildlife Forensics Laboratory to determine the exact quantity.

AO tags during rifle season?
Question: Can you use an Archery-Only tag during rifle season if you’re still using archery equipment as your method of take? (Eric C.)

Answer: Yes. The Archery-Only (AO) tag allows hunting with archery equipment only during the archery and general seasons in A, B or D zones and Hunt G10 (military only). You may not possess a firearm or crossbow when hunting under the authority of an AO deer tag, except as otherwise provided.

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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 from a Moving Vehicle?

Bowfishing for carp in Big Bear Lake (Photo courtesy of John Poimiroo)

Bowfishing for carp in Big Bear Lake is one of the methods used by water managers to help control the growing invasive carp population. Big Bear is also a popular lake for bowfishing anglers and carp fishing derbies. (Photo courtesy of John Poimiroo)

Question: I get stopped and questioned by officers fairly often while bowfishing. I have been trying to find out more information about the bowfishing regulations but the freshwater sport fishing guide is unclear to me. Is it legal to bowfish from a moving vehicle, like from the bed of a pickup? Is it legal to bowfish in the California Aqueduct or State Water Project? I was told by an officer that it was not. (Justin F.)

Answer: No arrow or crossbow bolt may be released from a bow or crossbow upon or across any highway, road or other way open to vehicular traffic (California Code of Regulations Title 14, section 354(e)). In addition, no person may nock or fit the notch in the end of an arrow to a bowstring or crossbow string in a ready-to-fire position while in or on any vehicle (CCR Title 14, section 354(i)).

Regarding where and what you may take while bowfishing, “bow and arrow fishing is permitted only for the taking of carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey, all year, except in:

• Designated salmon spawning areas (Fish and Game Code, section 1505).

• The Colorado River District where only carp, tilapia, goldfish and mullet may be taken.

• The east fork of the Walker River between Bridgeport Dam and the Nevada state line where only carp may be taken” (CCR Title 14, section 2.25).

Bullfrogs may also be taken by bowfishing under some conditions (CCR Title 14, section 5.05).

Hunting on an Indian reservation?
Question: The Colorado River Indian Tribes (CRIT) Reservation is in deer zone D12 along the Colorado River. D12 maps show that all of this land is legal to hunt with a California hunting license and deer tags right up to the Colorado River. Can I legally hunt on CRIT Reservation land because it is within California D12, or should I stay away from reservation land? (Anonymous)

Answer: A person who is not a tribal member and wishes to hunt on the CRIT Reservation would have to comply with both California and tribal law, which requires a hunting license issued by the CRIT in addition to a California hunting license and deer tag. You should contact the CRIT’s Fish and Game Department and consult the CRIT Natural Resources Code for further information about hunting on this Reservation. CRIT contact information and the CRIT Natural Resources Code is available at

Rules on drones in Marine Protected Areas?
Question: What are the rules regarding drones? Specifically, are there any regulations regarding flying drones in Marine Protected Areas (MPAs)? (Jeanée Natov)

Answer: It is a violation to fly any aircraft, including any airplane or helicopter, less than 1,000 feet above water or land over the Año Nuevo State Reserve, the Farallon Islands Game Refuge, the Point Lobos State Reserve, the California Sea Otter Game Refuge, and Anacapa, San Miguel, Santa Barbara and San Nicolas Islands, except for rescue operations, in case of any emergency, or for scientific or filmmaking purposes under a permit issued by the department after a review of potential biological impacts (Fish and Game Code, section 10501.5).

Federal regulators of the FAA and NOAA also restrict the use of drones. Flying motorized aircraft (except valid law enforcement) is prohibited less than 1000 ft. above any of the four zones of the Monterey Bay National Marine Sanctuary which are listed in Appendix B (Code of Federal Regulations Title 15, section 922.132(a)(6)). Individuals should consult the MPA- specific regulations in section 632 of Title 14 for special restrictions for individual MPAs. There may be additional regulations prohibiting disturbance of nesting and rafting birds offshore that are covered under federal law.

Firearm for self defense during archery season?
Question: During an archery hunt, can a member of your group who is a licensed hunter, but does not have a deer tag, be in possession of a firearm strictly for self-defense? I will be archery hunting for the first time this year and I plan to travel into the backcountry on foot. A friend who will be coming with me has always had reservations about traveling in bear/mountain lion habitat unarmed due to some unfortunate run-ins in his past. (Kevin K.)

Answer: If it helps put you at greater ease, dangerous encounters by hunters with bears and lions are extraordinarily rare. As long as the person is not hunting with archery equipment, does not have a tag, and is simply accompanying you, then he may carry a firearm. You must be in a location where it is legal to carry a firearm, and your friend cannot assist in the take in any way.

With limited exceptions for active or retired peace officers, archery hunters may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery-only tag (CCR Title 14, section 354(h)).

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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

Shouldn’t Wildlife Officers Display Badges?

Anglers fishing along the popular Owens River during the Eastern Sierra Trout Opener weekend (Photo by Carrie Wilson)

Anglers fishing in the popular Owens River Valley during the Eastern Sierra trout opener weekend (Photo by Carrie Wilson)

Question: During the 2015 Eastern Sierra Trout Opener, I was checked three times by California Department of Fish and Wildlife (CDFW) wardens for license and barbless hooks. I was in compliance each time. On the three contacts the wardens were wearing jackets and hats that did not have any CDFW insignias or badges on them. On two occasions the wardens stated that they were wardens and I could see radio and gun holsters sticking out from under their jackets. They did not show me any credentials or badge. On the other contact the warden pulled open his jacket collar and showed me his lieutenant bars.

My question is what citizen rights do I have to ask to see a badge or credential during a contact, and what is the policy of CDFW for displaying and showing proper credentials when making a contact, not just telling me he’s a warden? I understand the need to be “undercover” before making a contact, but once the contact is made I think more than just saying you are a warden would be necessary. After the third contact where the warden showed me lieutenant bars, this lack of identification was getting a little old and I believe unprofessional. I had no way of identifying these wardens by name or badge number. (Michael M.)

Answer: You have every right to ask to see their credentials. As I’m sure you know, the Eastern Sierra Trout Opener is a very popular event that draws tens of thousands of anglers to the area during that weekend, and you were fishing in a high contact area, so it’s not unusual that you were contacted by wildlife officers, even multiple times. And because that area is so open and highly visible, and because people are easily seen from a long distance away, wildlife officers often wear a cover shirt over their uniforms and a fishing hat to better blend in and look like another angler so that they can more easily watch everyone without being immediately detected. Our goal is to encourage compliance even when anglers don’t see a wildlife officer in the area.

However, if you were uncomfortable with the contact(s) because you could not be sure the person really was a wildlife officer, by all means, you have the right to ask them, or any peace officer who is contacting you in a law enforcement capacity, for their identification. That is definitely a reasonable request and the wildlife officer should not mind showing you their credentials upon request.

By the way, I spoke to the wildlife officer who likely contacted you (at least one of the times!). He welcomed your comments and wanted me to encourage you to request to see his credentials next time and he will be happy to show them to you.

Rifle silencers for a hunter with substantial hearing loss?
Question: I have substantial hearing loss and my doctor recommended surgery to correct my problem. The issue is that my hearing will be very sensitive to noise afterwards and so shooting a rifle could actually damage it greatly. I am wondering if, when hunting, can an exception be made to allow me to use a silencer on my rifle? (Carlos)

Answer: Unfortunately, the answer is no. It is a felony to possess silencers, except for law enforcement and military purposes (California Penal Code, section 33410). Your best bet is to wear hearing protection while hunting. There are many choices out there and some actually enhance your ability to hear ambient noise while minimizing any loud noises, such as gunshots. Wildlife officers use this type of hearing protection during firearms training.

Ab in a Cab?
Question: I found a sub-legal abalone shell in the stomach of a legally caught cabezon. Is a small abalone shell like this legal to possess? My wife likes it and I want her to know it’s legal to possess. (Ken K.)

Answer: Yes!

How many fishing rods in possession at one time?
Question: How many fishing rods can be in one’s possession? I have a second rod stamp but want to know if I can carry more than two rods with me? Although I may be on foot fishing from the bank, I see anglers on the bass tourney TV shows fishing while still having several rods on their boats. What advice do you have? (Joe P., Red Bluff)

Answer: The number of rods in your possession is not the issue, it is the number of lines that you have in the water fishing at one time. You may have as many rods as you wish in your possession – just make sure to use only the number allowed for the species of fish or for the particular waters that you’re fishing.

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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