Category Archives: Uncategorized

Stowing Gear through Marine Reserves?

Fishing gear shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area. (Photo by Carrie Wilson)

Fishing gear shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area. (Photo by Carrie Wilson)

Question: I would like a definition of “stowed” in regard to fishing gear while transiting a state marine reserve. The reason I ask is that a sport fisherman reported he was stopped by a patrol boat at the Channel Islands and told he could have been cited for having his rods in the rod holders. He was told he should have had them in his small cuddy.

It does not seem reasonable to require my buddies and I “stow” all our rods and reels in my cabin every time we need to make a move across a state marine reserve. Or when we are at an island, we should not be required to drive six miles out, then whatever distance across, and then back in another six miles … at $4 or more a gallon. All of this would be quite a hardship for those of us fishing from private sport boats just to stow our fishing gear when maneuvering around state marine reserves. (Fred H., Anaheim)

Answer: There is no requirement for equipment to be stowed under the Marine Life Protection Act laws covered in section 632 of the California Code of Regulations Title 14. CCR Title 14, section 632(8) covers the law you are referring to as follows:

Transit or Drifting. Vessels shall be allowed to transit through marine protected areas and marine managed areas with catch onboard. Fishing gear shall not be deployed in the water while transiting through a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area.


How to catch an octopus?
Question: My Italian grandmother asked my brother and me to bring home some fresh octopus so that she can make her favorite pasta dish. The only problem is we don’t know how to catch them. Can you help us out? (Joe K.)

Answer: You will have to be creative on this one. Fortunately, there are no size limits on octopus and the bag limit for each of you is 35 (CCR Title 14, section 29.05(a)). California sport fishing regulations allow you to catch them only by hook and line or with the hands (CCR Title 14, section 29.10(a)). You cannot catch them with traps or spears. The most common way to successfully catch them in California is by hand while diving with snorkel or scuba equipment. It’s also unlawful to use any chemicals, such as bleach, to attempt to disturb octopi from their hiding locations.


Use of electronic calls out of season?
Question: I was wondering if it is legal to use electronic calls for animals and birds out of season for things such as bird watching or scouting? I have heard yes and no from different people, so I want to clarify. Also is it even legal to call with non-electronic calls out of season? (Taylor F.)

Answer: Yes, this would be legal as long as you do not have any methods of take with you. The prohibition against electronic calls only applies when “taking” birds/mammals (Fish and Game Code, section 3012 & CCR Title 14, section 475(b)).


Don’t eat those mussels!
Question: Yesterday we collected a few mussels at low tide at Chicken Ranch Beach with the kids (past the Inverness Yacht Club). They are of a decent size, about 3 to 4 inches, and all black. Are they safe to eat? (Ben)

Answer: Don’t eat those mussels! There is currently an advisory out against consuming sport-taken shellfish in Marin County – please see www.cdph.ca.gov/Pages/NR13-009.aspx . A great Q&A about mussel quarantines is located at www.cdph.ca.gov/Pages/MusselQuarantineFAQ.aspx. The California Department of Public Health shellfish biotoxin information line is (510) 412-4643 or toll-free at (800) 553-4133 – you can check with them at any time to see whether there are advisories in effect for your area. And finally, the California Department of Fish and Wildlife (CDFW) posts advisories on the CDFW website at www.dfg.ca.gov/marine/healthadvisory.asp.

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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.

Archery Practice Down a Dirt Road?

(Photo by Michigan DNR)

The most important factor to always keep in mind while archery shooting is public safety (Photo by Michigan DNR)

Question: My neighbor who lives a few houses down from me has a 15-year-old son who shoots his BB gun in his backyard. I used to shoot my bow in my backyard until my dad found out it’s illegal. I am 13 and live in the mountains of Southern California (close to San Bernardino) and am hoping it might be legal to practice my archery by shooting down a dirt road? Can you please let me know ASAP? Thanks. (Ashmanger)

Answer: Generally, Fish and Game Code laws only regulate the use of archery equipment or firearms while hunting. However, the same rules for firearms apply to archery equipment in this situation – you may not shoot over or across a road or within 150 yards of a neighbor’s home, barns or outbuildings, even if just archery target shooting (Fish and Game Code, section 3004). If you are on a private road on private property (off the public roadway), no Fish and Game Code law prohibits target practice with your bow and arrow. Beyond this, different counties and communities may have more restrictive ordinances that they enforce so you should check with your local law enforcement office for this information.

The most important factor to always keep in mind is public safety. Well-traveled roads and highways, or even those occasionally traveled, are not appropriate places to shoot. If you were to injure another person or livestock, or damage property, you could be subject to civil and possibly criminal prosecution. While shooting even just off a road may be legal, it may not be safe.


Hooks for salmon in San Francisco Bay?
Question: When fishing for salmon from the bank in the San Francisco Bay with spinning lures, is a single barbless hook ok or does it have to be a barbless circle hook attached to the spinning lure? (Terry D.)

Answer: Barbless circle hooks are only required when fishing with bait and angling by any means other than trolling. Since you’re not using bait, no circle hooks are required, even though you are not trolling. You must be doing both things – using bait, and fishing in a manner that is not trolling – to be required to use barbless circle hooks. In addition, you should be using no more than two single-point, single-shank barbless hooks with your spinning lure (California Code of Regulations Title 14, section 27.80.)


Fishing attractant or pollutant?
Question: I have heard that spraying WD-40 on a fishing lure as a fish attractant works well. Is it legal to use? There seems to be much confusion as to what is actually in WD-40. I would also like to know if the sunscreen I put on before entering the water is hazardous to marine life. (Ray I.)

Answer: It is not legal to spray WD-40 on your fishing lures as an attractant. The same goes for any substance that may be harmful to fish (e.g. sunscreen).WD-40 contains petroleum and is specifically prohibited by law to be deposited or introduced into the waters of the state (Fish and Game Code, section 5650). When it comes to sunscreen, I would just try to use discretion as any foreign substance, even sunscreen, may carry chemicals that may be harmful to fish and other aquatic life if introduced in large enough quantities. General rule of thumb is when applying sunscreen, wait 20 minutes before swimming for it to completely soak into skin so that it is less likely to wash off in the water.


How to determine private vs public property?
Question: How do I find if a body of water is legal to fish out of? I am wondering about a local lake with a public road that leads up to it. There are no private property signs posted anywhere. However, from a boat you can see signs are posted in some of the yards. (Anonymous)

Answer: Even though private property perimeters are required to be either fenced, under cultivation, or posted with no trespassing signs at 1/3 of a mile intervals (Penal Code Section 602.8) so the public knows or can determine correctly if the property is private, it’s best to stay on the safe side. If you can’t find signs specifically prohibiting access, trespassing and fishing, you may want to contact your local sheriff’s office, which should be able to define which waters and properties are public, which are private and where the boundaries are.

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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 CalOutdoors@wildlife.ca.gov.

The most important factor to always keep in mind while archery shooting is public safety

Why Do Turtles Sold as Pets Have a Size Limit?

Red-eared Slider - Trachemys scripta (CDFW photo by Dave Feliz)

Red-eared Slider – Trachemys scripta (CDFW photo by Dave Feliz)

Question: Is there a size limit on the sale of turtles that are sold as pets? (Robert Bruce, Antioch)

Answer: Yes, federal and state laws require that turtles must have a carapace (shell) length of at least 4 inches to be imported, sold or distributed (California Code of Regulations Title 17, section 2612.1). This restriction was brought into effect under the Public Health Services Act by the Food and Drug Administration (FDA) in 1975 to address the problem of Salmonella infections in children. I have heard this size was determined to help prevent children from putting these small reptiles into their mouths. Prior to the ban there were an estimated 250,000 cases of turtle Salmonellosis in children and infants that were associated with pet turtles in the United States (Source: http://exoticpets.about.com/od/reptilesturtles/a/turtlesales.htm.)


Sabiki rig?
Question: I frequently fish at the Point Arena pier but am not clear on a specific rule. I know you may only have two hooks on one fishing line, but is it legal to use a Sabiki rig with multiple small hooks to catch bait fish? (Steve Lum)

Answer: When fishing from Point Arena pier, you can use a fishing rod with multiple hooks as long as you don’t have rockfish, cabezon, greenling or lingcod in your possession. If you happen to catch one of these species while using more than two hooks on your line, you must release the fish.

If fishing for salmon in ocean waters (or if you have salmon in possession), you are limited to one rod, one line, two barbless hooks (circle hooks required if using bait) maximum per line per person.

You are limited to no more than one line and two hooks when fishing for rockfish, cabezon, greenling and lingcod, or if these species are in possession. On a public pier, you can use up to two fishing appliances (rod and reel, hoop net, crab trap, etc.) with no restrictions on the number of hooks (unless you are targeting the species mentioned above or have them in your possession).


How to legally exchange bear skulls and claws?
Question: Are there any regulations prohibiting someone from giving me a bear skull or claws if legally taken either in California or out of state? No money or goods would be exchanged. Would I need to have proof to show where the parts came from or who gave them to me? (Tom H.)

Answer: No. If the skull or claws were taken from a bear in California, and as long as no money or goods were exchanged for the acquisition, you may legally receive and possess these bear parts. If the bear parts are from a bear taken in another state, then you will need to follow the regulations for sale or gifting of bear parts from that state and submit a “Declaration for Entry” form, available online at http://www.dfg.ca.gov/enforcement/.


Why early stop shooting times for turkeys?
Question: I have been turkey hunting in California for several years and always wondered why the shooting times are limited until only 4 pm. I have heard it protects them so they can return to roost in the evening, but this makes no sense since there is an over-abundance of turkeys in California, more than a lot of other states. Many other states allow turkey hunting until sundown, similar to big game. What’s the reason for this early shooting stop time? (Dave Johannes, Modesto)

Answer: Shooting hours for the spring wild turkey season is always one-half hour before sunrise to 4 p.m. The reason for the early stop time in the spring (versus the stop time of sunset in the fall) is because the spring season occurs during turkey breeding season. Only the toms (and bearded hens) may be taken in the spring to allow the hens to nest successfully. The goal is to maximize the opportunities for hunters to take turkeys while protecting nesting hens. Setting this early shooting stop time gives the birds a break from hunting pressure, allows the toms to return to the roost and the hens to get back to their nests.  Historically, the stop time was 1 p.m., but as wild turkey numbers have flourished, the stop hunting time was moved to 4 p.m.

Turkeys typically roost communally and may have only one or no more than a few trees where they roost at night. They become more vulnerable toward the end of the day as they return to their preferred roost. If the turkeys are disturbed along the way by gun shots, they may select unfamiliar roosting areas, thus making themselves more vulnerable to predation.

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.

Red-eared Slider – Trachemys scripta (CDFW photo by Dave Feliz)
Red-eared Slider - Trachemys scripta (CDFW photo by Dave Feliz)

This is a Red-eared Slider (Trachemys scripta), a common turtle in the pet trade. They compete in the wild with our native Western Pond Turtle, so they should never be released. (CDFW photo by Dave Feliz)