Tag Archives: abalone

Is a Fish Caught on Another Angler’s Line Legal to Keep?

(USFWS photo)

(USFWS photo)

Question: I am hoping you can resolve a question that came up in one of our recent fishing club meetings. On a recent trip to Lake Isabella, I caught a very nice rainbow trout (18 inches long!). The way it was caught is the subject of debate within our club. I was fishing on a pontoon boat and when I landed the fish, it wasn’t on my hook. Apparently, the fish had been hooked by someone else previously, and broke off. I don’t know who or when, but when I reeled the fish in it had a couple of feet of the previous fishing line, with a hook and split shot still attached to it. The previous angler’s hook was still hooked into the fish’s mouth. Somehow the split shot and old line became tangled in my tackle. The fish was landed after a brief fight, netted and added to my bag limit. The question is: Is this considered a legally caught fish? We await your response. (Luiz D.)

Answer: No fish may be retained that did not voluntarily take the bait or lure into its mouth (California Code of Regulations Title 14, section 2.00(c)). Although you accidentally snagged the broken off line from a previous angler, you may have saved that fish from an otherwise slow death. If that old line had instead gotten hung up on a rock or bush, preventing the fish from freely moving around, the fish could have died of a lack of gill movement or starvation. Since your fish had taken an angler’s bait or lure into its mouth, it was legal to keep. The intention of angling is that the fish take a hook in its mouth, and this was accomplished.

If you had instead snagged this fish by impaling or attempting to impale it in any part of its body other than the mouth by use of a hook, hooks, gaff, or other mechanical implements, this would have been illegal (CCR Title 14, section 2.00(b)). This does not include the lawful use of a gaff to land the fish.


Which firearms and ammo can be used for night hunting?
Question: I am having trouble finding a specific section related to which firearms you are allowed to hunt with at night. Word of mouth has always been that only rimfire rifles and shotguns may be used at night. I know that in other states you can use a regular centerfire rifle so I am wondering if we can also use them here. If not, are we only allowed rimfire and shotguns? Also, are there any exceptions for mounting a flashlight to a gun? (Taylor F.)

Answer: If you are in an area where night hunting is legal, you may only take nongame mammals and furbearers. Night hunting is restricted to the method of take allowed for these animals (under CCR Title 14, section 475). You are not restricted related to the use of rimfire, centerfire, or shotgun, except you may only use and possess non lead ammunition in the condor zone and while hunting on all state-owned lands.

For regulations on the use of lights, please check the California Mammal Hunting Regulations booklet (CCR Title 14, section 264 on page 18 and Fish and Game Code, section 2005 on page 20).


Why is abalone season closing during July?
Question: Just curious, why is abalone season closed in July? (Ashton H.)

Answer: The July break in abalone season was instituted to help conserve the resource. Originally, a two-month summer closure was proposed for the recreational abalone season, but it was reduced to one month – July – to avoid the possible negative economic impacts on North Coast areas that rely on tourism. Because weather and ocean conditions are usually better in July, and many people take vacations and visit the North Coast at that time, July was chosen as the summer month to give abalone a “break” from the heavy take that occurs during the summer. This measure is to help California’s red abalone population remain a healthy resource.


Where’s the best beach to watch a grunion run?
Question: Where is the best beach to take my son to in Southern California to see the grunion? I realize it’s a bit of a guess but I would really like him to see them. Do you have any educated guesses? (Jeffrey D.H.)

Answer: You are correct that it really is anyone’s guess where grunion will run ashore since just about any sandy beach in Southern California is fair game to the grunion! But, for a list of known grunion beaches, please visit our Amazing Grunion web page at www.dfg.ca.gov/marine/grunion.asp#hunter (look under Best Locations). Best of luck! I hope you and your son are able to see a grunion run!

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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.

Night Fishing or Sleep Fishing?

(Creative commons photo)

(Creative commons photo)

Question: The other night while camping/fishing at Clear Lake, the whole campground was bombarded by a sting of rangers at 4 a.m. waking up campers with flashlights in our eyes to check fishing licenses. I was in my tent looking through the window at my poles and popped out when I heard someone walking up on our campsite. It was a ranger and he said I was not allowed to sleep with my poles in the water (I wasn’t asleep, but that’s beside the point). My poles were about 6-8 feet from me and he told us that if we wanted to sleep we had to reel them in. Our poles had bells on them and glowsticks. He said we weren’t “actively fishing.” Is this correct? Catfishing at night with a bell on your pole and being woken up by a jingle jingle has always been pretty standard stuff. Can you please clarify this? (Adam S., Lodi)

Answer: The ranger was correct. If you have your hook and line in the water, it must be closely attended. Angling is defined as taking fish by 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). If you are angling with a pole not in your hand, you should be closely attending and watching it and able to immediately grab the rod to reel it in if a fish bites your hook.

The reason for the law is to reduce hooking mortality for fish that swallow a baited hook and then struggle against the line. If the hook is impaled, the line will restrict gill movement. If you were to catch an undersized bass or trout at night, it may not pull hard enough on the line to disturb you from the tent, and then the fish would likely be dead when you checked your line the next morning.

Bottom line … fishing from inside your tent, whether you’re asleep or not, is not considered “actively fishing” or closely attending to your fishing line.


Can restaurants prepare and serve customers’ sport-caught abalone?
Question: I have a question regarding abalone used for commercial restaurant use. Would it be illegal for someone to catch abalone (legally according to current regulations) on their property, and then sell and serve it to customers at their own restaurant located on their property? Are restaurants allowed to sell wild abalone at all? (Katelyn S.)

Answer: No, it is not legal for someone to catch abalone under a California sport fishing license and then serve it as a meal to a paying customer no matter where the restaurant is located. Fish and invertebrates caught under the authority of a sport fishing license may not be bought, sold, traded or bartered (Fish and Game Code, section 7121). Sport-caught abalone may be given away but cannot be sold in any form, even if it’s being made into a meal.

In most cases, sport-caught abalone,may not even be possessed in a restaurant. The only exception would be if the person who lawfully took or otherwise legally possessed the abalone remained present on the premises while the restaurant cook/chef prepared the abalone for consumption by the person who lawfully took it (FGC, section 2015).

Currently, there is no legal commercial fishery for California’s native abalone (FGC, sections 5521 and 5521.5). However, there are licensed abalone aquaculture farms in the state that raise abalone for the commercial market, as well as commercial fish businesses that import wild-caught and aquaculture abalone into California through a special CDFW importation permit. No non-native, live abalone may be imported into California, though.


Bone collector donates preserved specimens to local schools
Question: I am a bone collector. I have been collecting my entire life but have recently been able to clean and preserve specimens at a museum level. I mainly collect local native species that have fallen victim as “road kill” but I also collect on hikes and at the beach. After I clean and preserve a specimen, I donate it to local schools. I was wondering if there might be any licensing available for this kind of work. I would love to have some documentation to share in the event I run into the authorities. I have a biology degree and happily offer all specimens for educational benefit. Thank you for your time and consideration.  (Anonymous)

Answer: To legally do what you are proposing, you will need to have a scientific collecting permit issued through the California Department of Fish and Wildlife (CDFW) to operate as a biological collector for various schools or institutions in need of specimens. See California Code of Regulations Title 14, section 650 for further information. Mountain lions require a special permit. See CCR Title 14, section 251.4

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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.

Koi-Eating Heron Needs a New Home

Great Blue Heron (USFWS photo)

Great Blue Heron (USFWS photo)

Question: We live in Valley Center (north San Diego County) and had a koi pond with 75 koi. We now have maybe 20 koi. There’s a huge great blue heron that is eating the koi daily. Is there a way for Fish and Wildlife to rehome this bird so that we can save our koi? (Julie Wright)

Answer: Unfortunately, the California Department of Fish and Wildlife (CDFW) does not remove or rehome great blue herons. They are federally protected. Your best bet will be to haze the bird by non-lethal methods and discourage it from hanging around. Try putting wire around and over the top of your pond to keep the heron from easily picking off your remaining fish.

Your fish may also be disappearing due to other unwanted predators. Koi are very enticing menu favorites for a number of other small backyard visitors, including domestic cats and raccoons. Unfortunately, when various small backyard wildlife become nuisance visitors, such as koi-stealing raccoons, or possums under houses, or squirrels in attics, or rattlesnakes in your garage, etc., CDFW cannot usually assist with removal/relocation. For all of these types of animals you would need to contact a pest management company for assistance, or visit UC Integrated Pest Management website for guidance. Their website is www.ipm.ucanr.edu/PMG/PESTNOTES/.

Back to the great blue heron, the USFWS provides guidance and permits for birds causing property damage. This is a common problem at larger live fish facilities, private hatcheries and aquaculture facilities. Check their website at www.fws.gov/migratorybirds/mbpermits.html.


Estimating distance from shore
Question: I have a question that’s a bit off the wall. If I am on the water, how can I accurately estimate when I am around one mile from shore? Assuming great visibility, if I am on a boat and standing 10-20 feet above sea level and I have 8x binoculars, how can I tell if I am less than or more than one mile from shore? I seem to recall someone saying to estimate half to horizon and then half of that. Does that sound correct? (Craig N.)

Answer: Because of swell conditions, it would be nearly impossible to estimate the distance from shore in the method you describe. The most reliable method would be to use a GPS or plotter. You can also use a compass pointed toward known locations on land and triangulate your position fairly accurately on a chart.


Abalone scouting before start time?
Question: I know I cannot start picking abalone until 8 a.m. I usually get to my spot around 7:30 a.m. If I leave all my gear on the beach, can I search the rocks to locate any abs that might be legal, mark the spots with my gloves and then at 8 a.m. go back and get them? Thanks for your assistance. (Larry P., Paradise)

Answer: Abalone may be taken only from 8 a.m. to one half hour after sunset. Take is defined as to “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill (Fish and Game Code, section 86). Searching and locating abalone prior to 8 a.m. as you describe is prohibited because it would fall within this definition of take.


When friends share in a hunt, does everyone need licenses and tags?
Question: Let’s say I plan to go hunting during the regular season and want to bring a friend or family member along, but I’m the only one who actually plans on taking game. Additionally, let’s say that I am the only one in possession of a firearm or archery equipment. Does everyone in my group need to have a hunting license and tag? If no, am I the only one in the group who needs both a license and a tag, and everyone else is okay with just a license? (Jeffrey Y.)

Answer: No one else in your group will need licenses or tags as long as they are only observing and are not carrying a method of take with them.

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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.

Late 8 a.m. Start Time for Abalone Unfair

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: Just a note (complaint) … the start time of 8 a.m. for abalone is very, very unfair. The two lowest tides of the year are in May and June, and you just eliminated them. Rock pickers are put into a shorter collection time and can make even more hurried decisions to take an under-size ab off a rock. You are punishing all rock pickers and putting them in danger by forcing them to dive for abs when they are not good divers (thus, in danger of drowning). The 8 a.m. rule does not adversely affect the divers at all. You already closed off way over half the state of California. There is no way that abalone hunters can wipe out the abalone population. I go rock picking for abalone with six others and we all share these thoughts. (Fred M., San Francisco).

Answer: The California Department of Fish and Wildlife (CDFW) made recommendations to the Fish and Game Commission (Commission) to reduce the take of abalone because recent scuba surveys had shown lower numbers of abalone at popular abalone sites, particularly in Sonoma County.

According to CDFW Marine Environmental Scientist Jerry Kashiwada, the current Abalone Recovery and Management Plan (ARMP) recommends a 25 percent reduction in the take of abalone when the density (number of abalone in a standard area) reaches the low levels seen in the most recent surveys. Density in the Fort Ross area was so low it reached an ARMP “trigger” for closure to allow the abalone population to recover.

Abalone rock pickers

Abalone rock pickers (CDFW photo by K. Joe)

The Commission had a choice between the 8 a.m. start time, reduction of daily limit to two abalone, reduction of the limit on the abalone card, reduction of the season (more closed months), reduction of take for Sonoma and Marin counties or some combination those proposed changes.

The 8 a.m. start time was initially proposed by CDFW wildlife officers who had been seeing large numbers of rock pickers at all low tides and believed that segment of the fishery was unsustainable. The officers observed rock pickers were taking more time to find legal limits, were less likely to get a limit and were removing and returning more short abalone, many of which were unlikely to survive the handling. The later start time also helps officers by eliminating predawn fishing hours when the light is too dim to observe violations. The effect of the new start time was estimated using data from returned abalone report cards, but the actual effect is unknown since it depended on whether many people would shift to later hours. Data from abalone cards returned this year will provide a clearer picture of the effects of the regulation changes.

The timing of low tides is variable from year to year and while the 8:00 a.m. start reduces the number of low tides available, there usually are some days with suitable tides. The lower numbers of abalone being taken by rock pickers may make it easier to find abalone at higher tide levels than in the past. The activities of sport fishermen might not be sufficient to cause extinction of abalone species but they can reduce abalone populations to the point that the abalone are spaced so far apart that their chances of reproducing are very low. At low abalone population levels, many people might stop participating in the fishery because it is too difficult to find abalone. Reducing abalone populations to low levels also makes them more vulnerable to events like the 2011 die-off that affected abalone in much of Sonoma County.

CDFW is currently in the process of developing a Red Abalone Fishery Management Plan and revising sections of the ARMP. For more information, please visit the CDFW Invertebrate Management Project website.


Can a non-hunter carry an unloaded shotgun when with other hunters?
Question: While hunting on a game bird club, can a non-licensed, non-hunter carry an unloaded shotgun while walking with other hunters? (Anonymous)

Answer: While it may not technically violate the law for you to carry an unloaded shotgun without a license, by doing this with others who have ammunition and are taking game, it will likely generate many questions by the wildlife officer contacting you in the field. Whether or not you have a hunting license is not an element of “take.” You may argue you are not taking game, but the officer has sufficient evidence to prove you are. Do you really want to put yourself through the hassle of going to court? Leave the firearm behind if you want to go with your buddies while they are taking game.

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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.

Steelhead vs. Rainbow Trout – What’s the Difference?

Angler with wild Klamath River Steelhead (released).

Angler with wild Klamath River Steelhead (prior to release).

Question: I’d like to try steelhead fishing for the first time on the American River. I will purchase a regular California fishing license and adhere to all regulations, but do I have to purchase the steelhead card if I don’t intend to keep any steelhead? If so, why can’t one be fishing for regular (rainbow) trout in the same river without a steelhead card? (Lilly K.)

Answer: It can be a bit confusing because steelhead trout and rainbow trout are the same fish. Its scientific name is Oncorhynchus mykiss (O. mykiss). Generally speaking, O. mykiss found in land-locked freshwater with no access to the ocean is a rainbow trout and steelhead trout are O. mykiss fish found in anadromous waters, which are waters with unimpeded access to the ocean where they live the majority of their life and come back to freshwater to spawn.

For practical purposes and to facilitate compliance, fishing regulations differentiate between rainbow and steelhead in anadromous waters by a 16-inch size threshold. O. mykiss smaller than 16-inches is a rainbow trout, and bigger than 16-inches is a steelhead. Fishing for steelhead, meaning any O mykiss in excess of 16-inches, in anadromous waters including the Lower American River below Nimbus Dam in Sacramento County, will require purchase of a Steelhead Report Card, even if you practice catch-and-release (California Code of Regulations Title 14, section 5.88).

The report card provides important data to fishery scientists and requires an entry for each day that you fish and statistics on all fish caught and released. Fishing for O. mykiss less than 16-inches does not require a steelhead report card.


Does sardine fishery closure mean no more sardines for live bait?
Question: I heard in the news last week that the sardine fishery will be closing because it’s been overfished. Is this true? If so, how will this impact sport fishermen who rely on sardines for live bait? What about for fishermen who catch them incidentally on hook and line or who target them on sabiki and similar rigs off piers, jetties, etc.? (Steve C.)

Answer: The season for the current directed commercial sardine fishery has closed. There will also be a prohibition for next season for the same fishery due to a declining stock, but the decline is not due to overfishing. Anglers will be happy to know that these closures have no effect on either live bait or recreational take of sardine. These catches are not considered as part of the prohibition on directed commercial take. Currently, there is no limit on the recreational take of Pacific sardine (California Code of Regulations Title 14, section 27.60(b)).

Biomass (population numbers) and commercial catch of Pacific sardine have fluctuated since the early part of last century. Over the past couple of years, the biomass of Pacific sardine has been declining. These fluctuations and the recent decline are primarily due to natural large scale changes in oceanic temperature, and studies show that biomass has fluctuated on a decadal scale for thousands of years. For more information on management of the West Coast Pacific sardine stock, please see the Pacific Fishery Management Council website (www.pcouncil.org/).

For more information about Pacific sardine history, research, and management in California, please visit California Department of Fish and Wildlife’s (CDFW’s) Pacific sardine web site at www.dfg.ca.gov/marine/cpshms/pacificsardine.asp.


Spotting abalone for friends while on probation?
Question: I was cited for an abalone violation for failure to tag immediately out of the water last year (I went up to my car to grab a pen and ran into a ranger). My probation states 12 months of no fishing. Would it be legal to still go out with my buddies and spot abalones for them? I would obviously not carry an abalone iron. (Jingsong W.)

Answer: No. The law defines take as “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill” (FGC, section 86). If you are helping your buddies by spotting abalone for them to harvest, you are pursuing and hunting for abalone, which constitutes take.


Black bear claw necklace?
Question: I have a necklace that contains black bear claws that were legally taken in Wisconsin a couple of generations ago. They were part of a rug until it fell apart from age and moths. I would like to pass it along to my grandson as he is involved in Cub Scout activities. It would be a gift being passed down from one generation to another. Is it legal for him to possess it in California? In keeping with the scouting traditions, I want to make sure we are doing things legally and properly. (Robert S., Texas)

Answer: Yes, you can give this family treasure to your grandson but Fish and Game Code, section 4758, prohibits the sale or purchase of bear parts 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.

Why Don’t Licenses Run Annually from Date of Purchase?

Licensing photoQuestion: Why do fishing licenses run from Jan. 1 through Dec. 31 every year rather than from the date of purchase? For example, a person buys his/her license Dec. 1 only to find it expires the end of the month. Then by Jan. 1, they must purchase a new license for the full price. Why not let it go for one full year from the date of purchase? Hunting licenses too run from July 1 through June 30 of the next year. I think license sales would greatly improve if they were changed from date of purchase to the next year. Can someone give a rational answer, please? (Alan E., Los Angeles)

Answer: California has considered changing from a calendar-based sport fishing license to a license that is valid for one year from the date of purchase. But while this seems beneficial, when we looked at the issue thoroughly, we realized that changing to a license that is valid for one year from the date of purchase would significantly reduce funding for the California Department of Fish and Wildlife (CDFW).

According to CDFW License Program Analyst Glenn Underwood, several other states have made the change to a license that is valid for one year from the date of purchase, and so we contacted these other states to learn from their experiences. We found states that changed from a calendar year license to a license that is valid for one year from the date of purchase experienced a reduction in license sales from 10 to 30 percent in the three years following implementation. Experts from these states explained license purchasing patterns changed when the license system changed to one year from the date of purchase licenses. Customers tended to wait until the last minute to purchase a license, as they knew it would be valid for one year from that date. Then when their licenses expired, customers again waited to renew until they fished again, creating a gap in licensure. After a few years the sum of the gaps was often greater than a year and a complete license sale was lost.

Changing to a license that is valid for one year from the date of purchase would also reduce federal grant funding. Each state in the country receives federal grant money from the Sport Fish Restoration Act (SFRA) which is funding generated from federal excise tax on sales of sport fishing tackle and motorboat fuels. This program funds critical fish habitat restoration projects throughout the state, providing increased fishing opportunities for California anglers. A tiered system is used to allocate grants to the states. In 2014, California received the maximum grant of $16,287,011, which is five percent of the total available to all the states. Federal SFRA grant amounts are based partially on the number of licenses issued in each state. If California license sales declined by as little as three percent, California’s grant would be reduced to a lower tier and the grant amount would be reduced by approximately $2.7 million to $4.5 million, further reducing CDFW’s ability to manage and protect California’s fisheries.

So, while we realize your license restructuring suggestion is popular, it would create a significant reduction in license revenue and sport fish grant funding for CDFW. The resulting reduction in revenue and grant funding would reduce the CDFW’s ability to manage and protect California’s fisheries; and it would reduce the number of fish CDFW could plant for California anglers.


Live turkey decoys?
Question: Is it legal to use a live turkey as a decoy? I can’t find any regulations on live turkey decoys (Todd W.)

Answer: No. The use of live decoys is prohibited when attempting to take resident game birds (California Code of Regulations Title 14, section 311(l)).


What’s acceptable abalone diving gear?
Question: Regarding equipment that is permissible for abalone harvesting, is a buoyancy compensator (BC) with integrated weight system ok to use for diving for abalone as long as there is NO air tank attached? (John D.)

Answer: Yes, a BC is for your safety and is OK to use as long as no scuba or air supply of any kind is incorporated.


Free diving for sea urchins?
Question: As a free diver, am I legally allowed to harvest sea urchins? If so, do I need a permit? Also, where in San Diego County can I legally dive from shore for sea urchins? (Derek G.)

Answer: Sea urchins are legal to take in California with a sport fishing license. The season is open year-round for all species of urchin and the limit is 35 urchins (CCR Title 14, section 29.05). These regulations can be found in the Ocean Sport Fishing regulation booklet, along with coordinates and regulation summaries for marine protected areas in Southern California that are closed to the take of sea urchins.

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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.

Collecting and Returning Tidepool Animals

Sea Stars of the California Coast (CDFW photo)

Sea Stars of the California Coast (CDFW photo)

Question: I have two small daughters that are very much into marine life. I thought it would be exciting for them to catch small critters, fish, etc. and put them into an aquarium at home. I figured they could then return the marine life back to the ocean every few weeks. I looked into this online and it appears that you need to obtain a permit to collect marine life in this fashion. Do you think it is possible for me to obtain the proper permits in order to do this with my kids? If so, do you have any idea how I would go about applying and the general costs? (Charles K.)

Answer: Unfortunately, as nice as this sounds, it is not legal for your daughters to do. Here are three reasons why:

  1. First of all, they cannot transport any finfish from the ocean, period. Moving live finfish from freshwater or ocean waters is illegal.
  1. Second, anything that is not legal to take with a California sport fishing license requires a scientific collecting permit and they wouldn’t qualify for one of these because they are issued only to scientists doing bona fide research or to schools or aquariums where the animals taken will be on display for the public to view.
  1. Third, they can remove invertebrates that are legal to take with a sport fishing license (although if under 16 years old they do not need a license), but nothing can be returned alive to the ocean. If they take them, they need to keep them. This is because there’s always a possibility that fish or invertebrates may have picked up parasites or diseases when kept in private aquariums. We don’t want anything being introduced to fish and invertebrates in the wild.

For the time being, it would be best for your girls to stick with fish and invertebrates that they buy from licensed aquarists or stores that sell aquarium species legally. They can, however, visit most tidepools and enjoy the fish and invertebrates in their natural environments … just don’t take them away from their homes.

Driving on a private road with a loaded gun in the vehicle?
Question:
I know that it is not legal to have a loaded gun in a vehicle when on public roads and in public accessible areas, but what about when on privately owned property where all access is controlled via locked gates? (Scott H.)

Answer: You are correct that it is against the law to carry loaded guns in a vehicle when upon or along a public way (Fish and Game Code, section 2006 and Penal Code 25850). When behind locked gates, however, there are no laws preventing this, although common sense and safety should preclude doing so. Many of the hunting accidents we investigate are caused by people getting into or out of a vehicle with a loaded firearm. Despite this allowance, it is still unlawful to shoot at any game bird or mammal from a motor vehicle, even when on private property (FGC section 3002.)


Cherry picking for the biggest crabs?
Question: I often see Dungeness crab fisherman holding onto crabs in excess of their limit while they continue crabbing. Then after pulling all their pots, they cherry pick the best ones and throw back the extras. Is this legal? Say for example I’m fishing alone and drop three pots. When I retrieve the pots, the first one contains 10 crabs, and I put them all in my fish box. The second pot also has 10 crabs and I also put them all in the box. I pull the last pot, then sort through all the crab and throw back all but the biggest 10 before heading into the harbor. This is how I would prefer to fish but don’t think it would be illegal. Am I correct? (Jesse)

Answer: What you describe is high-grading and is absolutely illegal. Recreational fishermen are limited to 10 Dungeness crabs onboard or in possession. Every crab over the limit that is in the fisherman’s possession, even if just for a short time, could get them cited for possession of an overlimit. Once a limit is in possession, all other crabs must be immediately returned to the water. If the fisherman keeps 10 legal-sized crabs from his first pot, all other crabs in any subsequent pots must be released.

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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.