Tag Archives: abalone

Moving Turtles and Other Wildlife Due to Drought

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

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

Question: I live in San Luis Obispo and have a quick question regarding relocating three baby turtles. My wife and I have visited this small pond for quite some time, and due to the drought we are afraid that the turtles will die due to the pond getting smaller and smaller. We know that the California turtle is in danger to become extinct due to the red-eared turtle influx here in California. I need to know if I need a permit to move them off of state land. (Kevin M., SLO)

Answer: While it’s natural to want to help, moving animals is not only illegal, it is potentially detrimental, and your good intentions could have very bad consequences. According to California Department of Fish and Wildlife (CDFW) Statewide Amphibian and Reptile Conservation Coordinator Laura Patterson, many animals, including some turtles, have a natural homing instinct and will not stay where they are transplanted. They may be carrying diseases or parasites that could impact the animals at the release site.

In addition, transplanted animals may be genetically different, and interbreeding with the existing population could produce offspring less adapted to local conditions. At the very least we know that in times like these with very limited resources, they will now compete with the animals already existing at the site, resulting in even worse overcrowding and potentially lowering survival and reproductive success even more than would have happened from the drought conditions.

By law you can take only non-native turtles with a California sport fishing license (California Code of Regulations Title 14, section 5.6), but release into the wild or relocation of an animal (native or non-native) requires a permit from CDFW. In the case of aquatic turtles, the law says it is unlawful to place, plant or cause to be placed or planted, in any of the waters of this state, any live fish, any fresh or salt water animal, or any aquatic plant, whether taken without or within the state, without first submitting it for inspection to, and securing the written permission of, the department (Fish and Game Code, section 6400).

The situation you describe is very unfortunate, but all of California is experiencing a severe to exceptional drought, and many ponds and creeks have already gone dry or are expected to dry by summer’s end throughout the state. This is affecting the state’s wildlife, including many native species that are listed as endangered or threatened under state or federal law.


Abalone and scuba gear?
Question: If I’m out spearfishing with scuba gear, can I leave the scuba gear in the boat to also free dive for abalone? (Anonymous)

Answer: No. Sport divers are prohibited from using scuba or other surface-supplied air equipment to take abalone, and they cannot possess abalone on board any boat, vessel, or floating device in the water containing scuba or surface-supplied air. There is no problem transporting abalone and scuba gear together while on land. Divers working from boats, kayaks, float tubes or other floating devices who wish to use scuba equipment to spear fish or harvest sea urchins, rock scallops or crabs of the genus Cancer, will need to make a separate trip for abalone.


Shooting across a public road with a bow and arrow?
Question: The law says that you cannot shoot across a public road with a firearm or hunt within 150 yards of another home or building without permission, but what about archery? What about target shooting with archery? If there is no law in your community, or unincorporated area of a county that prohibits or limits use of archery, and you want to shoot archery for target practice, does the same distance law apply? (James S.)

Answer: The same rules for firearms apply to archery equipment in this case – you may not shoot across a road or within 150 yards of a neighbor’s home, barns or outbuildings – even if just target shooting (Fish and Game Code, section 3004). In addition to shooting across a roadway, this section also makes it unlawful for any person to intentionally release any arrow or crossbow bolt over or across any public roadway open to the public in an unsafe manner. Beyond this, different counties and communities may have more restrictive ordinances that they enforce so you should check with your local law enforcement office for this information.

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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.

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.

Should Anglers Release Lingcod Females?

Lingcod (photo courtesy of Matt Elyash)

Lingcod (photo courtesy of Matt Elyash)

Question: Last year before the end of rockfish season, I went on a charter boat out of Berkeley. Some of the lingcod caught were females with eggs. When do lingcod spawn and can keeping these females hurt the fishery in the future? Should we as anglers release females like we do for striped bass? I’m glad to see the size limit dropped and the season longer, but I don’t want to be back to where we were before. (Jason Green)

Answer: Lingcod and other groundfish are federally managed. Harvest management plans and stock assessments take into account the removal of both males and females when setting quotas, so fishery managers do factor in the take of females, too.

According to the latest assessment, the lingcod stock has fully recovered from their overfished status. Lingcod don’t get the bends (no swim bladder), so females can be released if handled properly.

In northern and central California, the primary reason for the current closed seasons for lingcod in late fall, winter and spring for boat-based anglers is to protect mature females that have moved inshore to spawn, and to protect the mature males that guard the egg nests.

Lingcod are a species that if handled properly can often be successfully caught and released. However, unless regulations prohibit keeping the fish (e.g. bag and minimum size limits) or the angler is releasing all fish, if it turns out the fish has been improperly handled or is bleeding and may not survive, the fish should be kept. Releasing bleeding females that may not survive in order to keep males instead just wastes fish and is not a good conservation method.

Lingcod generally spawn from November through February. Females do take longer to mature and they grow to a larger size than males. By some estimates, males only grow to 24-26 inches. Females are legal to keep, so keeping an egg-laden female would be up to that fisherman’s personal ethics.

Bottom line … female lingcod are legal to take and so it’s up to the fisherman to decide whether or not they want to.


Can kids under 16 fish alone without a license and an adult present?
Question: Can children under the age of 16 fish without a license, and alone without a licensed adult present? (Jennifer P.)

Answer: Yes. Although no license is required, keep in mind that no matter their age, everyone who fishes must know what the fishing regulations are that apply to the type of fishing they are doing, and have the good judgment to abide by them.


Using SCUBA to photograph abalone divers?
Question: I would like to photograph abalone divers diving but I need to use an air tank to obtain the imagery I want. How can I go about this without getting in trouble with a game warden? (Andrew B., Salt Lake City, UT)

Answer: It is legal for you to photograph abalone freedivers while you are using a tank, as long as you observe a couple of regulations.

The use of SCUBA gear or surface-supplied air while taking abalone is prohibited (California Code of Regulations Title 14, section 29.15(e)). Therefore, if you are using a tank while photographing abalone freedivers, you cannot assist them with taking abalone. You also cannot help them pop abalone off the rocks or spot abalone for them, or do anything else that could be construed as giving assistance in taking abalone.

In addition, under this section the possession of abalone is prohibited aboard a vessel that also contains SCUBA gear or surface supplied air. This means you will have to use a separate boat – you cannot board the same boat the abalone freedivers are using while you are using SCUBA gear.


What to do with a full-size Cheetah / Leopard mount?
Question: My uncle recently passed away and left me in charge of his estate. One of the items he left is a full size Cheetah/ Leopard taxidermy. Is it legal for me to sell it? If not what do you recommend that I do with it? (Michael C., Modesto)

Answer: You are allowed to give it away but you are not allowed to sell or trade it (California Penal Code, section 653o). You might want to contact a museum, service club or local school to see if they may have a use for it.


Crabbing overnight at the beach?
Question: I enjoy crabbing and want to go crabbing overnight at the beach. Is this legal? (Ann N.)

Answer: Yes, as long as the beaches don’t have any city, county or beach curfews, it is legal to go crabbing overnight from most beaches. (CCR Title 14, section 29.05(a)).

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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.