Category Archives: Uncategorized

Ingenious or Illegal?

Red abalone from Santa Cruz Island (Photo by CDFW Marine Biologist Derek Stein)

Red abalone from Santa Cruz Island (Photo by CDFW Marine Biologist Derek Stein)

Question: I am going over abalone laws again for any details that I may have missed and I have one quick question.

Measuring devices: You must have a fixed-arm measuring gauge, capable of spanning an abalone’s shell. It is a violation to take an abalone when not in possession of a gauge, even if the abalone is legal-sized.Ab iron_gauge combo

As you can see in this picture, the gauge is part of the ab iron. Since it has a fixed-arm that is capable of measuring abalone, I assume this gauge is legal. I just wanted to confirm since I am hearing that people are being approached for this type of gauge. Thanks. (Jerry)

Answer: In order for this combination abalone iron / measuring gauge to be legal, it must meet the requirements of both a legal abalone gauge and legal abalone iron.

According to California Department of Fish and Wildlife (CDFW) Lt. Dennis McKiver, the law says every person taking abalone “shall carry a fixed caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell” (California Code of Regulations Title 14, section 29.15(f)).

While the idea of carrying one device seems desirable, it is difficult to determine the absolute legality of this particular device from this photo alone. The important thing to consider is that a legal gauge must be “capable of accurately measuring” and the fixed opposing arms must be “of sufficient length to measure the abalone by placing the gauge over the shell.” If there is any question, the abalone fisherman should carry an additional legal abalone gauge with them.

All divers must carry an abalone gauge that measures seven inches and any abalone removed from the rock that measures seven inches or more must be retained (CCR Title 14, section 29.15(d)). Wildlife officers frequently find people trophy hunting with only nine or 10 inch gauges in their possession and they end up citing many of these individuals for high grading because they are detaching and replacing abalone that are less than nine or 10 inches, but are otherwise legal to take.


Slingbow for game hunting?
Question: Is it legal in California to hunt small and big game with a slingbow, provided it can cast an arrow legal for the game being hunted at least 130 yards? Referring to the California Code of Regulations Title 14, section 354, slingbows do have flexible material (the band), and a string connecting its two ends (of the band) as the nock, to satisfy the legal definition. (Jason L.)

Answer: These slingshot-style bows would not be legal because bows are defined only as longbow, recurve or compound bow (under CCR Title 14, section 354(a)). The slingbow falls under the definition of a crossbow (CCR Title 14, section 354(b)) “or cured latex band” and could be used for hunting under crossbow regulations.


Trout fishing with “dough balls”?
Question: While living back east, we used to use “dough balls” for trout. We made them out of corn meal, flour and water or fish meal, flour and water. Is this a legal bait for trout in California? (Mike)

Answer: Yes, processed foods may be used in California’s inland waters where bait is legal. Therefore, where bait is legal, dough balls would be legal.


Resident sport fishing license still legal after moving out of state?
Question: If I bought a California fishing license earlier in the year but then moved out of state, can I still legally fish with that resident license even if I now have an Idaho address? I’ll be coming back and forth during the year to visit family and am hoping this license will be good at least through the end of the year. (James F., Boise, ID)

Answer: Your resident California sport fishing license is valid through Dec. 31, 2014, even if you move out of state.

“Resident” is defined as: Any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code (Fish and Game Code, section 70).

“Nonresident” is defined as: Any person who has not resided continuously in the State of California for six months immediately prior to the date of his application for a license or permit (FGC, section 57.)

Next year you will need to buy a nonresident sport fishing license to fish in California.

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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.

Protecting Wildlife via Highway Fences

Game fences are installed primarily installed just along traditional migratory routes (USFWS photo of Tule elk bulls)

Game fences are primarily installed along traditional deer and elk migratory routes (Tule elk photo courtesy of USFWS)

Question: I have been hunting deer and elk out of state for years. Every western state I have hunted has installed game fencing adjacent to highways where big game frequents and/or migrates. Why in the heck doesn’t California do this? I live in Grass Valley and Interstate Highway 49 is always being widened, but never does the work include game fencing or game “underpasses.” I have never seen or read any information coming from the California Department of Fish and Wildlife (CDFW) recommending game fencing along California highways. (Sven O.)

Answer: We do install game fencing but don’t do it everywhere. Because game fences are expensive, they are primarily installed just along the major migration routes. If designed incorrectly, they can do much more damage than good. Keep in mind that California has more than 2.3 million miles of paved road and it would be impossible to fence all of that no matter how much funding we had available.

According to CDFW Game Program Manager Craig Stowers, CDFW has instead focused primarily on routes that migratory deer move through as they are highly traditional and tend to move through the same areas year after year. Then once we identify where those areas are (mostly by finding road kills, but we can also identify through tracks in the snow and/or telemetry data), we work with CalTrans to mitigate those losses. CDFW has found lots of traditional migratory route areas in the state.

Some good examples of this kind of game fencing work include the miles of fencing and under crossings on I-395 from Bordertown up to the Inspection Station just south of the intersection of 395/89, fencing and undercrossings on I-395 in the Bass Hill Wildlife Area just south of Susanville, the work done in the Loyalton-Truckee deer herd area and the work we completed last year in the I-280 area (in conjunction with Caltrans and UC Davis). Our job on that one was simply to catch the deer, which we did. Caltrans engineers and wildlife experts from UC Davis analyzed the movement data of those deer in an effort to modify roadside fencing and existing undercrossings to cut down the number of deer hit on I-280. Regardless of location, it is a very expensive and time-consuming effort, not only to determine where to install the fencing and/or undercrossings, but also to build them.


Underwater camera to find trout?
Question: Is it legal to use an underwater camera to look for trout that may be hiding underneath the creek/river bank? Does it matter if it’s used while engaged in the actual activity of trout fishing or when not in possession of a fishing pole? (Jim B., Elk Grove)

Answer: An electronic viewing device, such as an underwater camera, would be legal but a non-electronic viewing device (such as goggles, scuba mask, etc.), would be prohibited for taking fish (California Code of Regulations Title 14, section 2.09). There’s an exception, though, under the provisions of spearfishing (CCR Title 14, section 2.30).


Keeping a skunk for a pet?
Question: I live in Alameda and want to know if it is legal for me to keep a pet skunk? We will, of course, have the stink glands removed for obvious reasons. (Beatrice V.)

Answer: No. Wildlife must remain wild and cannot be owned. Generally, animals found in the wild in California can never be kept as pets. Only people who qualify for a restricted species permit may possess wild animals, like skunks. Keeping wildlife is prohibited by Fish and Game laws (CCR title 14, section 671) and California health laws due to a high incidence of rabies in skunks in California. All wildlife, even skunks, belong to the citizens of California and cannot be held, domesticated…or have their scent glands surgically removed!


Trolling for salmon?
Question: This last weekend while fishing/trolling with my husband for salmon, we had three fish on board and needed one more for the two of us to have limits. My question is – do we need to fish/troll with just one rod as one of us has a limit, or may we fish with two rods until we catch one more fish? (Donna S.)

Answer: You can use two rods until you catch your final fish because boat limits apply in ocean waters. Boat limits are defined as: “When two or more persons that are licensed or otherwise authorized to sport fish in ocean waters … are angling for finfish aboard a vessel…, fishing by all authorized persons aboard may continue until boat limits of finfish are taken and possessed aboard the vessel”.(CCR Title 14, section 27.60(c)).

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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.

Helicopter Fishing?

(Photo from Creative Commons)

(Photo from Creative Commons)

Question: You’ve answered readers’ questions several times in the past about the legalities and illegalities of fishing with a remote controlled boat. But my question is about a radio controlled helicopter. I just saw a video on YouTube showing a guy maneuvering his helicopter around a small lake that was dangling a line with a hook and bait on it. The craziest part of this was that he actually caught a sunfish with this rig and the helicopter flew the fish back to him on shore so that he could take it off the hook and release it back into the water. Seems like a great idea but I’m betting it isn’t legal in these parts. What do you say? (Steve C., Chico)

Answer: All fish caught in freshwater must be taken by angling which means hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such a manner that the fish voluntarily takes the bait or lure in its mouth (California Code of Regulations Title 14, section 1.05). Thus, the remote controlled helicopter could be used as a vehicle to take the line out further but the line would need to be directly controlled by the angler. Depending on the location where the “helicopter angler” wants to use it, they should first make sure there are no local ordinances or specific rules imposed by the lake property owner or concessionaire prohibiting this practice and the flying of remote-controlled helicopters.


Bow hunting with a concealed firearm?
Question: When bow hunting in California, can you carry a concealed firearm if you possess a concealed carry permit? (DeWayne T.)

Answer: Unless you are an active or honorably retired peace officer, as specified in Fish and Game Code, section 4370(b), you may not carry a firearm during an archery only (AO) deer season or while using an AO tag, regardless of whether the firearm is concealed. Fish and Game Code, section 4370 requires:

(a) In every area in which deer may lawfully be taken during the general open season, there is an archery season for the taking of deer with bow and arrow. … Except as provided in subdivision (b), a person taking or attempting to take deer during such archery season shall neither carry, nor have under his or her immediate control, any firearm of any kind.

(b) 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 in accordance with subdivision (a), but shall not take or attempt to take deer with the firearm.

AO tags/seasons are only one option though. You can instead choose to hunt during the general season under a general tag with a bow, and then you could carry a firearm. Hunting under the AO authority grants a special opportunity to archers in exchange for leaving the firearm in camp.


Landing a large fish from a pier?
Question: While fishing from a public pier without a fishing license, am I allowed to go down onto the beach to land a big fish that I hooked on the pier? (Pete T.)

Answer: No. A fishing license is required when fishing everywhere except from a public pier. Even if you hooked the fish on the pier and only came down onto the beach to land the fish, you would need a valid license to avoid a potential citation. Purchasing an annual fishing license will make this a non-issue; or you may want to buy a pier net to help you land bigger fish from the pier.


Peacocks
Question:Is it legal to trap wild peacocks? If so, is it legal to sell them? Is it legal to kill wild peacocks? (R. Om)

Answer: Peacocks are not protected by California Fish and Game laws and so the CDFW has no regulations regarding trapping, selling or taking them. Check with your local animal control as peacocks are domestic animals.


Carcass possession limits?
Question: I fish for rockfish out of Santa Barbara and afterwards freeze the carcasses to use for crab bait. I am aware of the daily bag limit for rockfish but have not found any regulations for the leftover carcass (head, body, skin and guts). Are there any possession limits for rockfish carcasses? (Jim P.)

Answer: Although the general rule is once the meat has been removed and consumed or given away and you only have a carcass, it no longer counts as part of your possession. However, even parts of fish are legally considered “fish.” The letter of the law is you may not possess more than a daily bag limit of fish. So, if you catch fish and take them home to clean and you freeze the carcasses for use as bait in the future, be sure you do not take more than a possession limit of carcasses with you when you go crabbing.

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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.