Tag Archives: abalone

Why No Abalone Diving/Picking Before 8:00 a.m.?

Abalone free diver (Photo by Ken Bailey)

Abalone free diver (Photo by Ken Bailey)

Question: Why are abalone divers and pickers now required to wait until 8:00 a.m. to begin? Can divers still go spear fishing at the normal legal start time or take early morning photos, then switch over to abalone diving at 8 a.m.? (Anonymous)

Answer: The new 8:00 a.m. start time is an abalone conservation measure. It reduces the number of low-tide days people will be able to take abalone by rock picking (searching amongst rocks for abalone at low tide). During the spring, many low tides occur much earlier than 8:00 a.m.

This regulation change originated from the concerns of wardens who were witnessing large numbers of fishermen coming each and every low tide and taking large numbers of abalone. People were removing numerous undersized abalone while trying to find legal ones. Because undersized abalone often do not survive being removed and returned, they are likely to die. Thus, the impact on the fishery when this happens is probably much greater than the estimated legal catch (over 200,000 abalone annually in recent years).

Some people were also using the dim light before dawn to hide illegal activities. Wardens believe a later start time will ease their biggest concerns, and the Fish and Game Commission decided to choose that option.

Divers wanting to go out before 8 a.m. to spearfish or do underwater photography can do this as long as they don’t have the means of taking abalone or are searching for abalone before the official state time. If their activities appear to a warden to be taking or searching for abalone before 8 a.m., then they can be cited.


How to stop people who are not obeying the rules?
Question: I was watching two boys catch a lot of trout (at least 40) and they were handling these fish after landing them in the dirt. They would pick and choose which ones to keep and throw back the small ones, most of which soon died. I was appalled by their lack of respect and sportsmanship, and when I approached their father his reply was, “Who are you to say how many we have? We don’t have a full basket!” The last time I needed to call law enforcement to this county park they couldn’t find the park until after the offenders had left. How can we stop these types of people from ruining the opportunities for others? (Gerry)

Answer: The best thing you can do is to record as much information about the location, situation and descriptions of people and the vehicle(s) they are driving (including make, model, color and license plate number). Provide all of this information at your earliest convenience to our CalTIP hotline at 1-888-334-CalTIP(2258). Leave a message if need be, with contact information, and a warden will receive this information. If officers are in the area when you call, they will come. If they are not able to arrive in time to catch the people who are breaking the laws, they will be aware of the situation and looking for the offenders the next time around.


Problems with crows and ravens – depredation permit an option?
Question: Why is there such a limited season on hunting crows? I suspect they are covered under the Migratory Bird Treaty Act, but they are a nuisance species. I run into a number of landowners who have problems with crows with regards to crop damage, etc. Many of these landowners say that based on size, they also have ravens which are also damaging. I know there is a crow hunting season, but what about ravens? I also know “corvids” are very problematic predators for song birds and marbled murrelets on the coast. Can landowners get a depredation permit for either species, and if so, where? (Patrick R., Santa Rosa)

Answer: You just missed the hunting season for American crows, which runs from Dec. 7 through April 9. Ravens cannot be hunted. The regulations allow for landowners to destroy (shoot) crows that are damaging farm fields or other crops (CCR Title 14, section 472(d)).


Lifetime license holder moves out of state
Question: If, while a California resident, I purchase either a lifetime fishing or hunting license, will that license still be valid if I subsequently establish residency in another state? (Greg L., Mission Viejo)

Answer: Yes. You must be a resident to purchase the license, but after it is purchased, it will be valid for use in California for the rest of your life, regardless of where you reside.

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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.

Charity Dinner with Donated Game

Celebrity chef Scott Leyseth from the Sportsmens Channel prepares wild game for a charity event to feed the homeless in Sacramento in Novemer 2013 (Photo courtesy of Holly Heyser)

Celebrity Sporting Chef Scott Leyseth from the Sportsmens Channel prepares wild game for a recent charity event in Sacramento to feed the homeless (Photo courtesy of Holly Heyser)

Question: An organization I belong to wants to do a benefit event with donated fish and game meals prepared for the homeless and the hungry. I know that waterfowl regulations are set by the federal government, but wonder if it may be possible to accept donated wild ducks and geese and turn them into a meal for a few hundred. It would be a one-day event to draw attention to a local shelter and help boost the image of us hunter types as charitable people who help to conserve our resources. At some point, someone is going to be over their possession limit to make this happen. Obviously, we won’t charge for the event, and our organization often leaves a generous donation to the facility, but I always thought there was a possession problem. Whaddaya think? (Scott L.)

Answer: Yes, an event like this can be done. A designated person may receive and possess game birds and mammals from multiple donors to give to or prepare for a charitable organization or charitable entity (under Fish and Game Code, section 3080) as long as they have:

1)    Copies of the hunting licenses and validated tags for the species possessed. They must be issued for the current or immediate past license year and signed and dated by the donor confirming the donation.

2)    The charitable organizations or charitable entities receiving and distributing game birds or mammals for charitable or humane purposes, must maintain the documentation described above for one year from the date of disposal.


Fishing license for collecting seaweed?
Question: Is a fishing license required to collect seaweed? (Jane S., Monterey)

Answer: A fishing license is not required to take seaweed but there is a daily bag limit of 10 pounds wet weight in the aggregate. There are three prohibited species that may not be cut or disturbed: eel grass (Zostera), surf grass (Phyllospadix) and sea palm (Postelsia).


Legal shoot time
Question: If you are sitting in your duck blind waiting for legal shooting time, and you have a shotgun loaded and ready to go (in other words shells in the magazine and chamber), can you be cited for hunting before legal shooting time? Some say yes since you’re loaded up and ready to go, so you are technically “hunting” (even if you have the shotgun sitting in the corner of the blind and never touch it until the legal shoot time). Others say it’s legal because you aren’t shooting … so as long as you don’t fire the gun, you’re good. Who’s right? (Eric M.)

Answer: As long as you make no attempt to take a duck, there is no violation for loading your gun as you wait for legal shooting time. However, having a live round in the chamber while you are waiting is not advised for safety reasons.


Abalone reporting
Question: How do I go about reporting my annual abalone harvest take? I just want to find out where I should go on the website to report my abalone harvest. Otherwise, do I have to mail the original in by mail? Please advise. (Richard S.)

Answer: You have two options. You can either report your abalone harvest date online at www.dfg.ca.gov/licensing/harvestreporting, or you can mail your completed Abalone Report Cards to:

California Department of Fish and Wildlife
32330 N. Harbor Drive
Fort Bragg, CA 95437-5554

Cards or card data must be submitted to California Department of Fish and Wildlife (CDFW) by Jan. 31, 2014, even if the card holder did not take or even try to take abalone. If you choose to report online, you must still retain the card for 90 days in case the CDFW requests you to also mail it in. All card data provides information necessary for annual take estimates. If the abalone card return rate is not adequate for catch estimates, the CDFW will consider penalties for failing to return cards.


Fishing for sturgeon
Question: When sturgeon fishing, is it true we cannot use sinkers on leaders or steel leaders? I don’t find these laws stated in the regulations booklet, so are they true? (Mon S., Stockton)

Answer: When fishing for sturgeon, only one single barbless hook may be used on a line (see California Code of Regulations Title 14, sections 5.80 and 27.90.) The use of sinkers or steel leaders while fishing for sturgeon is not prohibited in most waters, but the use of any hook that is attached closer than 18 inches to any weight exceeding one half ounce is prohibited (CCR Title 14, section 2.10(b)(2)). (Exception: Sacramento River from Keswick Dam to the Highway 162 Bridge, no wire leaders may be used and no sturgeon may be taken.)

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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.

Diving for Abalone with Knives and Spear Guns

Red abalone feeding on kelp at San Miguel Island (CDFW photo by Derek Stein)

Red abalone feeding on kelp at San Miguel Island (CDFW photo by Derek Stein)

Question: I plan to head to the coast to try some abalone diving next weekend but need to clarify a few of the abalone regulations before I make the trip. First, I will take all abalone with a legal ab iron but want to also carry a knife. Would this be a problem?

Second, if my buddy and I want to spearfish and take abs on the same day, can we carry our guns while taking the abs or do we have to make separate trips to and from the car?

Finally, if our abs are separated into individual bags (one for mine and one for his), can both bags be clipped onto a single float tube while we finish spear fishing or would that violate the separate possession regulation? Thanks! (Andrew M.)

Answer: You are allowed to carry a knife while diving for abalone but you may not use a knife in place of an abalone iron for taking abalone. The main reason for this rule is because abalone are hemophiliacs, and even the slightest cut to the foot when attempting to remove them from the rocks may cause them to bleed to death. This is a problem especially for abalone short of the legal size limit that must be released. Abalone irons are designed with rounded corners and wider and thicker bases to prevent injuries.

As far as spear guns, you are allowed to carry one while abalone diving (unlike when diving for spiny lobster where this is not legal). Each person’s abalone must be kept in separate identifiable bags, but the bags can both be clipped to the same tube.


Fishing on CSU campuses?
Question: While fishing on a reservoir located on the Cal Poly SLO campus recently, a Cal Poly professor approached us and asked us to leave. This reservoir receives water flow from Lake Santa Margarita where the California Department of Fish and Wildlife (CDFW) stocks the fishery. The reservoir isn’t listed as a regulated fishery with special conditions. I believe it is public land, and licensed California anglers have a right to fish there. The professor disagrees. Who’s right? (Brian H., San Luis Obispo)

Answer: Fishing access to reservoirs is generally controlled by the person or entity that owns the land on which the reservoir is located. According to local CDFW Patrol Lieutenant Todd Tognazzini, Cal Poly may be conducting studies or engaging in other activities on the reservoir that are inconsistent with fishing. The best thing to do is check with the Cal Poly Police Department for clarification. They can probably provide you a current law they would enforce related to fishing there.


Archery during rifle season?
Question: I hunt archery exclusively, though sometimes I am not able to fill my tag. If I don’t fill my tag during the archery season, can I still use my archery tag and hunt during the rifle season? (Jonathan E.)

Answer: It depends upon what type of tag you have. If you have an archery only (AO) tag or a premium archery tag, then it may only be used for archery take. If you have a general zone tag, it may be used with archery equipment during the early archery season, and then with all legal big game methods such as a rifle, crossbow or archery during the later general season.


Gaffing salmon?
Question: Is it legal to use a gaff to land salmon? On a fishing web site I follow, some guys are recommending using a gaff if the net is busy and two fish need to be landed at the same time. I can’t find the section in the saltwater regulation book to answer my question. Can you help? I’m just trying to stay legal. (Ralph C.)

Answer: In ocean waters, gaffs may only be used to land salmon that are of legal size. If a fish is short and a gaff is used, the angler is in violation (CCR Title 14, section 28.65(d)). In inland waters, only anglers fishing from a boat in the Sacramento River main stem below Deschutes Road Bridge can use a gaff (measuring three feet or less) to land legal-sized fish (CCR Title 14, section 2.06). It’s best to release any short salmon as close to the water as possible to give them the best chance for survival.

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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.

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