Tag Archives: abalone

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.

A Right to Fish the Oceans of this Planet without Permission?

Ken Oda fishing on a beach in Marina (Photo by Amanda Menefee)

Ken Oda fishing on San Gregorio Beach, south of Half Moon Bay, CA (Photo by Amanda Menefee)

Question: If I am in need of food for myself and family, would it be a crime to catch fish from the ocean for subsistence without a license, and if so, why? With inland waters I realize that lakes are stocked, policed and maintained and this service has to be paid for via taxes, licenses and fines. That’s understandable.

I am aware of states with coastlines having a mileage limit from shore to international waters, and the area in between is overseen by the Coast Guard. Should it not be a God-given right to fish the oceans and seas of this planet without permission from the powers that be? (Doug P.)

Answer: In California you can legally fish from public ocean piers without a fishing license. Finfish, crabs and lobsters may be found there in different areas. All regulations must still be followed but you can fish without a fishing license in these locations only. There are also two free fishing days per year (July 4 and Sept. 5 this year), allowing people to fish in ocean and inland waters without a license on those two designated days. In addition, any children in your family can fish without a license and be entitled to legal limits until they turn 16, when a license will be required. Except for the opportunities mentioned above, subsistence fishing without a sport fishing license in ocean or freshwater is not allowed.

California waters extend from the shore (high tide line) out to three miles, federal waters stretch from three miles to 200 miles and international waters begin at 200 miles out. All waters out to 200 miles are still patrolled and managed cooperatively with the federal government. Any fish taken outside of 200 miles must still meet all fishing regulations in order to be brought back into U.S. waters, and all fish landed at California ports must additionally meet all California regulations.

Fisheries in all state and federal waters have regulations and many have strict management guidelines to properly manage the take of various species to assure overfishing does not occur which could collapse those and related fisheries. Regulations and limitations of fishing activities and take is imperative, especially in waters of a state populated by 38 million people.


Scouting for abalone out of season?
Question: I belong to a small group of diving enthusiasts and we recently had a debate come up where there are varying opinions on the subject of gauging abalone. One portion of the group is stating that it is perfectly legal to freedive with an abalone gauge out of season and measure abalone with the intent of coming back during the season to retrieve the abs. I believe this would be pursuing or hunting abalone and would be against the rules. I pointed out that the new 8 a.m. rule specifically states you can enter the water but not “be searching for” abalone prior to 8 a.m. This leads me to believe if it is illegal to search for abs during a time when “take” is not permitted, then it would be illegal out of season as well. Can you help us settle this debate? (Brian M., Antioch)

Answer: Yes, it would be legal to dive with an abalone gauge as long as you don’t dive with an abalone iron or other means to detach abalone. As long as there is no attempt to take the abalone, and it is not handled or detached from the rocks, it would be legal.


Driving at night with flashlights to view wildlife?
Question: My wife and I are outdoors lovers and we don’t want to break the law. We often drive back roads or dirt roads in and around Butte County armed with only a flashlight and no weapons to view and enjoy wildlife that wouldn’t be possible to enjoy in the daylight. Is this legal? (Dan, Oroville)

Answer: Yes, as long as you do not have a method of take with you. You may, however, attract the attention of wildlife officers that are on the lookout for poachers using spotlights to find game. These officers may pull you over and detain you to inspect your vehicle to ensure you do not have a method of take.  There are also some vehicle code provisions that prohibit the use of a flashlight or headlight on a public highway if it is shone into oncoming traffic or prevents other vehicles from seeing traffic control devices.


Treble hooks for halibut?
Question: I’m planning to go fishing for halibut and have read that the rig must not exceed two hooks. Can those two hooks be treble hooks?

Answer: Yes, you are not limited to two hooks and so treble hooks may be used (California Code of Regulations Title 14, section 28.65).

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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.

 

How to Measure Abalone Correctly to Avoid a Ticket?

Abalone must be measured with a fixed-caliper measuring gauge capable of accurately measuring seven inches (CDFW staff photo)

Abalone must be measured with a fixed-caliper measuring gauge capable of accurately measuring seven inches (CDFW staff photo)

Question: I know a guy who was abalone diving off his kayak recently and took three nice abalone that all measured around nine inches. He was diving for the big abs and so was using a 9-inch gauge, but had his required 7-inch gauge in his goody bag on the kayak. When he finished up and got back to the beach with his tagged abalone and his gauges in his goody bag, there was a wildlife officer waiting there who had been watching him and wrote him a ticket for using a 9-inch gauge instead of a 7-inch gauge. Why did he get a ticket? (Tim S.)

Answer: Abalone divers are required to “… carry a fixed-caliper measuring gauge capable of accurately measuring seven inches” (California Code of Regulations Title 14, section 29.15[f]) and are required to retain any legal-sized abalone they detach and add them to their bag (CCR Title 14, section 29.15[d].) It is fine to use a gauge larger than the required 7-inch gauge to measure over-sized abalone when trophy hunting. The problem occurs when a diver detaches and brings an abalone to the surface, measures it with only a 9-inch gauge, and then rejects it for being smaller than their personal target size even though the abalone may still be of the minimum legal size (seven inches or larger). This practice puts the diver in violation of the above sections and this practice is considered “high-grading.”

To avoid this kind of ticket, divers should not return any abalone before first measuring with a 7-inch gauge to be sure they are smaller than legal size. A 7-inch gauge should be in the immediate vicinity of where the diver surfaces (in hand, float tube or kayak) so that the abalone can be readily measured, and if they then turn out to be short, the diver can then return it to the same location where originally taken. The violation occurs when divers detach and then reject legal-sized abalone because they are seeking only the oversized ones.


Disabled wheelchair-bound hunters?
Question: My dad used to hunt ducks with me every weekend. The last few seasons he had to miss due to becoming disabled and wheelchair-bound. Recently he has talked about hunting the refuges with me this coming season, and has bought an electronic chair. My question is will the electronic chair be allowed onto free roam Type A/B or on Type C areas? Or will it be considered an ATV (which it is not)? He would only be able to do levees or gravel roads. Thanks. (James)

Answer: Many of our wildlife refuges have disabled hunter blinds that would allow your father and one able-bodied hunter to still enjoy waterfowl hunting and accommodate his need for an electronic chair or regular wheelchair. But while he would probably be allowed to free-roam hunt, most refuges with their levees and gravel roads may not be easy to get around in via a wheelchair. ATVs are prohibited. It might be best to call ahead to the refuge where you’d like to hunt to inquire about the conditions available.


Hunting with an arrow rifle?
Question: I have an arrow rifle that’s powered by CO2 high pressured gas that I’ve had for the last 15 years. It’s not a crossbow. I’ve heard it was made for SWAT teams, but I’m not sure. I just think it would be cool to hunt with it but didn’t see anything in your regulations about it. What do you think? Would it be legal? (Wes H.)

Answer: No. The weapon you describe would not be legal for taking fish or wildlife in California.


Bringing black bear claws in from out of state
Question: I recently purchased black bear claws from a licensed store/vendor in Idaho and would like to know if it is legal to bring them back into California. (Anonymous)

Answer: If you buy them legally in another state and have documentation to prove it, you can legally bring them back here so long as you declare their entry into California (Fish and Game Code, section 2353. Assuming they are from a black bear, you cannot sell them once in California though. Even if you decide to later sell them and plan to do so over the Internet … don’t! You could then be charged with a hefty federal Lacey Act violation. Buying or selling black bear parts within California is strictly forbidden, even if the bear was taken out of state.

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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.

Deer Hunting From My Porch?

California Mule Deer (CDFW photo)

Question: I have a house on five acres in Northern California and have some really nice bucks on my land. Every day they come within a few feet of my house and graze on my garden and plants. If I purchase an A Zone tag this year, can I legally shoot a deer on my land from my house or porch? My house is situated more than 200 yards from any other property or house and it is outside of the city limits. Thanks. (Brian T.)

Answer: Yes. The safety zone law prohibits shooting within 150 yards of any occupied dwelling without the permission of the occupant. As long as it is otherwise legal to discharge a firearm in this area (e.g. not in the city limits or not prohibited by county ordinance), then go for it!


Can lakes set their own fishing regulations?
Question: The local municipal water district operates a nearby lake that is open to the public for fishing and day use. My question is regarding the regulations set for this lake. The maximum daily catch limit is lower than the limits the California Department of Fish and Wildlife (CDFW) authorizes. Do they have the authority to do this? Who has the ultimate jurisdiction in this matter? (Roger S., Ojai)

Answer: Yes, this is perfectly legal for them to do. Private lake managers can be more restrictive than CDFW regulations but not less restrictive. It is their prerogative to impose more stringent regulations in the interest of better managing their individual waters than what the state requires for managing California’s fisheries statewide.

Sorry, I’m sure this isn’t what you’d hoped to hear. For further clarification, please contact your local game warden.


Trap and release squirrels and possums
Question: I live in a city in Southern California and have an avocado tree in my yard.  Squirrels and possums have been a big problem recently. Can I use a Havahart trap to catch them and then transport them to a more rural location a few miles away? (David S.)

Answer: Yes, most squirrels and possums can be trapped, but tree squirrels will need a depredation permit. When trapping wildlife, traps must be checked every 24 hours and the animals either dispatched or released in the immediate area.

According to CDFW Statewide Wildlife Rehabilitation Coordinator, Nicole Carion, squirrels and possums that have caused property damage can be trapped by legal means (Fish and Game Code, section 4180). All furbearing and nongame mammals that are legal to trap must be immediately euthanized or released (California Code of Regulations Title 14, section 465.5(g)(1)).

Squirrels and possums should not be “relocated” from where they were trapped for many reasons, the most important being to prevent the spread of disease. It is illegal to release, introduce or transplant plants or wildlife (domestic or domesticated species) onto CDFW lands or waters (CCR Title 14, section 550(k)) and plants and animals or their parts taken elsewhere shall not be introduced, liberated, or placed on any National Wildlife Refuge (Federal Code of Regulations, part 27, section 27.52). It is also illegal to release an animal into a California State Park without written authorization from the District Superintendent Superintendent (CCR Title 14, section 431(a)).

Please be very cautious about trapping in the springtime because this is when wild animals have offspring. Trapped nuisance wildlife cannot be taken to wildlife rehabilitators. Although rehabilitation facilities can take in orphaned wildlife, the orphaned animals will have a much higher chance of survival if they are raised by their wild mothers. Often wild animals only take up residence somewhere temporarily during the springtime.

There are many humane options available for keeping out animals seeking shelter in homes and structures on private property. For more information on preventing wildlife access to human food sources, please visit our website at www.dfg.ca.gov/keepmewild/products.html.


How many abalone in the freezer?
Question: I have been an abalone diver for nine years now and always keep my abalone frozen in my freezer to enjoy until the next year’s harvest. I am hearing mixed messages about the rules now and am confused as to whether it’s legal to do that. I might have anywhere between one to 20 abalone in my freezer, all still tagged with the appropriate tag. Please confirm if it is legal to keep an overlimit of tagged abalone in my home. (Bill D.)

Answer: The limit is actually three abalone per day and in possession. This means that legally, one individual can have no more than three abalone in their possession (at the dive site, at home, in your vehicle, in your freezer, etc.) at one time.

You can still give away your abalone to friends or family members living in the same house with you. Each person may have no more than three abalone in their possession at any time.

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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.