Tag Archives: ammunition

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.

Blindsided by Fishing Violation

Small California halibut can sometimes be mistaken for other flatfishes (CDFW photo)

Question: While surf fishing for the first time this past November near Santa Monica, my son caught a fish which he thought was a flounder. It was still alive and in a bucket of salt water when a wildlife officer saw it, identified it as a halibut, said it was undersized and released it back into the ocean. We were unaware of species size restrictions so he gave us a handbook. The regulation booklet is a long, dense read to say the least, and complicated unless you fish more actively and are more knowledgeable than we are.

Even though this was a first offense and the fish was still alive, the officer cited my son. He said it would be like a driving violation and we would receive a bail amount notification by mail. That did not happen and now we see that the violation states we must appear this next Wednesday at court in Santa Monica.

When we purchased our licenses nothing was said about regulations or restrictions so we were blindsided by the violation. We had expected to pay a fine but does he need to appear in court? (Craig T.)

Answer: Your son may have a few options. He may call the court at the number listed on the citation to see if the court has a system in place to allow him to “forfeit bail” (pay the fine). He may also be able to look at the court’s website and determine if the court allows for fines to be paid online. He may choose to appear in court and explain his circumstances to the judge. Judges have discretion in these matters and can assess the full fine, reduce or suspend the fine or dismiss the charge altogether. If the court is not set up for either of those first two options, or your son wishes to speak to a judge, he needs to appear in court at the date and time listed on the citation.

We commend you and your son for taking up fishing as a new hobby and despite your unfortunate identification mistake, we hope you will continue. As with any new angler, we recommend you keep a copy of applicable California Sport Fishing Regulations with you while fishing, and perhaps an identification guide that is available in many bait shops or online to assist with learning proper fish ID and the regulations. We recommend the same for new hunters, too.


Donating fish for trip tax write off?
Question: You provided an answer to a question a while back about donating sport caught fish. I know people that go on long range boats out of Southern California often donate their fish when they return to port and get a receipt they can use for a tax deduction. I’m not exactly sure how it works, but I think it’s something like they can deduct the costs incurred in catching the fish they donate, not a deduction for the market value of the fish. The answer to that question could really impact the decisions of long range fishermen on how they deal with their catch, so it might not be a bad idea to look into that question a little further to see if any clarification is needed. I sent a copy of your email to my accountant who also handles the accounts of a lot of Southern California boats to see if he has any input. If I get a response, I’ll let you know. I think it’s worth checking into for sure. (Sherry I.)

Answer: You are correct that sport caught fish may be donated but no monetary value may be placed on sport caught fish. It would violate Fish and Game Code, section 7121. As far as claiming any other tax benefits, you are on the right track in asking an accountant as those decisions would need to be made by the IRS and Franchise Tax Board.


What shotgun capacity for big game, turkeys and waterfowl?
Question: When hunting black bears, pigs, turkeys and waterfowl, what shotgun capacity can I use? (Daniel K.)

Answer: Shotguns capable of holding not more than three shells may be used to take all of the species you mention. For more information, please see sections 311 and 353 in the Hunting Regulations book or look online at http://www.wildlife.ca.gov/Regulations.


Sturgeon sex change?
Question: Someone told me that when a sturgeon reaches a certain size, it will become a female. Is this true? (Chi L.)

Answer: No, not true.

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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.

Sidearm While Duck Hunting?

(Photo courtesy of USFWS)

(Photo courtesy of USFWS)

Question: A friend and I recently had a situation where we found pig tracks at one of the areas where we like to duck hunt. We both found it a little unnerving to be walking in knee to waist high grass armed with only bird shot if a pig were to charge. The area where we are hunting doesn’t explicitly prohibit handguns. We were wondering if California law allows us to carry a handgun, not as a method of take, but rather for defense while hunting waterfowl. I noticed the answer to the question on sidearms while hunting upland game and small game but don’t know if duck hunting has any additional restrictions. Also, if this is allowed, does the ammo in the handgun apply to the nonlead requirement while hunting duck, or is it exempt considering that it is not a method of take? Any help is greatly appreciated. Thanks. (Rhyan P.)

Answer: Unless the area where you’re hunting explicitly prohibits the possession of, or hunting with, handguns, that part should not be a problem. If that is the case, and you feel that your life is in danger, you can shoot the pig. However, you are not authorized to take the carcass unless you have a pig tag and utilized a legal method of take. If you’re hunting in condor country, you must carry nonlead ammunition.


Are crabs with black spots safe to eat?
Question: I just bought two crabs and found one with black spots on the outside shell. I’ve seen these before and usually avoid them, but this time the seller sneaked it into my package. When I called him about it, he said he didn’t know what it is, but it doesn’t permeate the shell. This isn’t true—I’ve seen this stuff on the flesh at the joints. It looks like oil. Can you enlighten me? Besides being ugly, is it unsafe? (Mari V., Berkeley)

Answer: Black spots on the shells of crustaceans are typically composed of melanin, which is the end product of a series of immunological reactions. This means the crab was likely responding to some shell damage that could be caused by physical trauma or a disease agent. In this case, the black spotted crab is probably safe if cooked correctly. However, if the discolored shellfish tissue has an unpleasant taste or texture, or looks or smells unusual, we always recommend not eating it.


Where can I find bail fine information?
Question: How are fines determined and how can someone locate published documentation on fines? (John S., Bakersfield)

Answer: The State Judicial Council publishes the “Uniform Bail and Penalty Schedules” every year. If you perform a web search, most courts will link to the most current edition. The link on our web site  www.courts.ca.gov/documents/july2011_jcbail.pdf is the 2011 edition. Additionally, some fines are mandatory and established by the California legislature. Those can be found in the Fish and Game Code starting with Section 12000. See the California Legislative Information web site http://leginfo.legislature.ca.gov/faces/codes.xhtml to look up the code. With some exceptions for mandatory fines, the uniform bail and penalty schedule is a guideline used by judges. In other words, judges have a great deal of discretion in setting fines and penalties for any violation.


Crossbows for wild pigs?
Question: I am trying to get some clarification on hunting wild pigs with a crossbow. The regulations state that crossbows may be used to take deer and wild pigs only during the regular seasons (California Code Regulations, Title 14, section 353). Since wild pigs can be hunted all year, does that mean that a crossbow can be used (like a firearm) to hunt wild pigs? Can any legal hunter with a hunting license and a pig tag use a crossbow for wild pigs? The regulations have a bit of a gray area here and I would like some clarification please. (Al Q.)

Answer: Yes, wild pigs can be taken year-round with a crossbow.


Importing a water buffalo skull?
Question: I purchased a water buffalo skull with horns in Thailand (Jan 2014). The Thai post office informed me I would need a “customs” form to have it delivered in the U.S. but they did not have them. The skull remains with my son in Thailand.

The skull is clean and dry. There is no remaining material on the skull. The skull was purchased from a buffalo farm for about $60. The animal was not mistreated or tortured. It died a natural death. The farm has a number of skulls for sale.

Can you please tell me what form I need and what I need to do to have it shipped to me here in California? Thank you in advance for your assistance. I enjoy your articles! (Jerry M.)

Answer: California wildlife law does not generally apply to this situation. The U.S. Fish and Wildlife Service would be the contact agency regarding importing parts from a water buffalo into 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.

Moving Wing Waterfowl Decoys

Mallard drake (Photo ODFW)

Mallard drake (Photo ODFW)

Question: With waterfowl season approaching, I was wondering if you could clarify Regulation 507 regarding duck decoys that move? That regulation specifies moving wings or blades are prohibited until after Nov. 30, but I cannot find a prohibition regarding motor powered decoys that simulate swimming (clamp on propeller), or water movement to simulate feeding (magnate type), or battery powered jerk string. In short, are ONLY moving wing decoys prohibited during the first six weeks of the season? (James Scott, Oakley)

Answer: The prohibition is only for electronically powered spinning wing, or spinning wing simulated devices. There are no prohibitions to any other electronic devices which flap wings, allow the decoy to swim, feed, or cause movement other than the spinning of a wing or wing simulated device.


How to pay an old ticket?
Question: One of my friends received a ticket about five years ago for abalone taken from the Fort Ross area. Afterwards he moved out of state. He recently moved back to California though and would now like to pay his ticket but he does not have any information. How should he go about paying it? How can he find out the amount owed and where should he send payment? Thanks for any help. (James Y.)

Answer: If your friend left the state without paying the fine for the ticket he received, then the court probably issued an arrest warrant for him. Fort Ross is in Sonoma County, so he should contact Sonoma County Superior Court as soon as possible. If contacted by law enforcement prior to doing this and it is determined there is an active warrant, your friend will be cited or arrested for not taking care of his ticket.


Game wardens also lead-free in Condor Zone?
Question: Does a Fish and Wildlife officer’s pistol that he carries in the field contain lead-free ammunition? I ask because if I’m in the woods in the lead-free zone under a carry concealed weapon permit (CCW) and just camping, I must run lead-free, correct? The law should be consistent for everyone. (Dale G.)

Answer: No, the lead ban pertains to hunters. It is illegal to use, or possess with a firearm capable of firing, any projectile containing more than one percent lead by weight while taking or attempting to take big game or nongame within the condor range. This includes centerfire as well as black powder/muzzleloader and rimfire projectiles. Since wildlife officers are not hunting while on duty, their firearms may contain lead ammunition in the condor range. Any people who are not taking or attempting to take wildlife, including CCW holders, may use or possess lead ammunition.


Woodpeckers are driving me crazy!
Question: I’ve got a bunch of woodpeckers that keep pecking at my house and they are driving me crazy! Can I use a pellet gun to haze them and chase them off? Thanks. (Alan H., Ukiah)

Answer: No, woodpeckers are a nongame species so you will have to find a non-lethal method to haze them away from your house. You could try hanging shiny mylar tape like they use in orchards to scare the birds away from the fruit or try posting an owl decoy. You might also try covering the wood with metal mesh hardware cloth.

This is a USFWS question and they do have a permit process for a number of species under federal depredation provisions unless designated a fully protected bird.

For additional tips and information, please check with the University of California Integrated Pest Management Program online at http://www.ipm.ucdavis.edu/PMG/menu.house.html#VERT.


Deployed gear through MPAs
Question: Is it legal to travel through a State Marine Reserve (SMR) on a kayak with fish and non-deployed fishing gear on board? Does “fishing gear deployed” mean having a hook and line in the water? Or does it go so far as to require fishing hooks be removed from any fishing line on board a kayak? The term “deployed” is not defined in the regulations and I am wondering how it is enforced by the officers. (Brian M.)

Answer: Yes, you may travel through a state marine reserve with catch on board as long as no fishing gear is deployed in the water (per Section 632(a)(8) on pg. 52 of the current Ocean Sport Fishing regulations booklet). Deployed means that the gear (hook and line) is in the water. If you wish to remove all doubt, you could remove the hooks, but that is not required by law. Just make sure your gear is out of the water and secured before transiting a state marine reserve, and you will be abiding by the law.

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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 in an Area Closed Following a Fire

Mule deer on scenic hillside (USFWS photo)

Mule deer on scenic hillside (USFWS photo)

Question: My son and I have drawn G37 tags. We have been trying for 15 years to draw this once-in-a-lifetime hunt. My concern is that the U.S. Forest Service (USFS) has closed a big portion of this area because of the Rim Fire and the El Portal Fire. Is there anything that the California Department of Fish and Wildlife (CDFW) can do to get these closed areas open? We don’t want to exchange our tags for the G37 hunt, we would like the USFS to open the closed areas that are in the G37 zone that burned. We and the other hunters would appreciate whatever CDFW can do for us. Thank you. (Dennis and Brent S.)

Answer: Unfortunately, there’s nothing we can do to require them to reopen the burned area. The fire closures are implemented whenever the USFS decides they are warranted. The best we can do is to refer you to the USFS district office so you can talk directly to those making the decisions. That might be your best hope.

And regarding your tags, even if you did want to exchange your tags, there are no refunds for deer tags. There are no exchanges for premium tags either. We can exchange restricted and unrestricted deer tags provided the following: 1) the earliest season for their zone has not already started, 2) tag quota for the tag they want to exchange is not yet filled, 3) tags remain in the zone they want to exchange for, and 4) you pay the current exchange fee. For more details, please check California Code of Regulations Title 14, section 708.14(j).


Shark took my salmon!
Question: While fishing off of Shelter Cove for salmon a while back, a large shark latched onto a salmon hooked on the line. After a few minutes of fight, the shark raised its head out of the water and bit through the salmon it had in its jaws, leaving the salmon head and 6 to 8 inches of flesh. My question is, by regulation, do we have to count the head as one of our take? We kept the head in the fish box and salvaged as much of the flesh as we could so as not to waste resources. (Rick W., Shelter Cove)

Answer: Since you landed the remainder of the salmon, you must count the fish toward your bag limit. However, since the fish was not retained in a whole condition, it would have been illegal to possess since it could not be measured to determine if it met the legal length requirement. So, while salvaging as much of the flesh as you could so as not to waste resources may have been the “right” thing to do, legally, you should have sent the head and remaining carcass back to the ocean to let other marine organisms utilize it. And if you had sent the carcass back down without salvaging the remainder of the fish, it would not count toward your daily bag limit.


How to pay for not returning lobster card?
Question: I did not return my lobster card last season, and I would like to know how/where I can pay my fine so I can get another card for this coming season.

Answer: When you go to purchase your 2014-2015 lobster report card, the clerk should tell you that you need to pay your $20 non-return fee first. After paying this fee, you should be able to purchase your new lobster report card.


Nonlead for all hunting on a wildlife area?
Question: I won a G12 deer tag this year (either sex shotgun only, Gray Lodge Wildlife Area). Because this is a popular waterfowl hunting area, am I legally allowed to use lead slugs or do I need to use nonlead slugs? (Philipp K.)

Answer: Yes, you may use lead slugs. In 2014, the use of lead slugs to hunt on state wildlife areas is not prohibited. However, this may be the last year that you can use lead ammunition for big game at the Gray Lodge Wildlife Area. In 2013, Assembly Bill 711was approved by the Governor and chaptered into law by the Secretary of State. AB 711 added several sections to the Fish and Game Code, one of which (3005.5(b)) requires a complete ban on the use of lead ammunition when taking wildlife for any purposes anywhere in the state by July 1, 2019. This section also requires the Fish and Game Commission to develop a phase-in regulation by July 1, 2015, designed to impose the least burden on California’s hunters while still implementing the intent of the law. (For more information regarding implementation of AB 711, please go to http://www.dfg.ca.gov/wildlife/hunting/lead-free/.)

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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.

Catching Limits from Different Waters on the Same Day

When fishing at night, make sure you can still identify your catch. (USFWS photo by Steve Hillebrand)

(USFWS photo by Steve Hillebrand)

Question: I enjoy your weekly newspaper columns and now I have a question that I hope you can answer. When fishing for striped bass at a local lake where there is a 10 fish limit with no size restriction, what happens if on the way home I stop at the Delta to fish for catfish and a wildlife officer checks me out and I have 10 striped bass already? How do I prove I caught them at say New Hogan Lake several miles away and not the Delta? Another thing, if I catch eight striped bass at the lake, can I still catch two more out of the Delta? Thanks for your consideration. You keep writing them and I’ll keep reading them!! (Mark S., Tracy)

Answer: A fisherman could lawfully catch eight striped bass at a lake and then catch two more in Delta waters during the same day for an overall possession of 10 fish. There is nothing in the Fish and Code or regulations to prohibit a person with 10 striped bass from stopping to fish for catfish in the Delta. However, you should expect any wildlife officer who contacts you will conduct a thorough investigation of the source of your fish. I can only suggest you try to keep those fish caught at the lake clearly separate and even stow them away in your car in a separate cooler. Also, if the lake is one where you can get a receipt showing you fished there first, then it helps give you a little more evidence. Because this can be difficult for you to prove, and unless you want to take those fish home before heading out again to the Delta, I suggest you do whatever you can (e.g. pictures or video on your phone) to prove the fish were caught in different waters. Then if a wildlife officer questions you, the situation will be more clear.


Shotgun magazine capacity
Question: I know when bird hunting, you are allowed two shells in the magazine and one in the chamber. Are the rules any different when hunting big game with a shotgun? (Brian H.)

Answer: No, the rules are the same. The law says shotguns capable of holding not more than three shells firing single slugs may be used for the taking of deer, bear and wild pigs. In areas where the discharge of rifles or shotguns with slugs is prohibited by county ordinance, shotguns capable of holding not more than three shells firing size 0 or 00 buckshot may be used for the taking of deer only (California Code of Regulations Title 14, section 353(b)).


Spearfishing for white seabass
Question: As a spear fisherman, could I complete a two fish limit for a boat with two divers? For example, let’s say the other guy gets sick, can I go shoot a second fish for his limit of one? (Alex V.)

Answer: No. Boat limits only apply to anglers (hook and line fishermen). If you speared more than one daily bag limit you could be cited for taking an “overlimit” of fish.


Free fishing group permits
Question: I have some sponsors interested in helping host some fishing events to benefit military men and women who have returned from duty overseas and now have combat-related injuries or disabilities. Can any special provisions be made to waive license fees for the troops during these hosted fishing trips? What about for these veteran individuals who just want to go fishing on their own? Would you be so kind to explain what opportunities there may be and who I would contact? (Randy H., La Granada)

Answer: Yes, there are “Free Group Fishing Permits” available allowing for free fishing under certain conditions and the requirements for these permits are very clear and specific (Fish and Game Code, section 7151 [d-e]). With this approved form, the following persons may fish under this authority:

* Mentally or physically disabled persons
* Active duty military personnel receiving inpatient care in a military or Veteran’s Administration hospital
* Veterans with service connected disabilities

Fish and Game Code, section 7151(d) allows for these special sport fishing permits to be issued to groups of mentally or physically handicapped persons under the care of:

1. A certified federal, state, county, city, or private licensed care center, or
2. Organizations exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code, or
3. Schools or school districts.

Employees of private licensed care centers, tax-exempt organizations, schools or school districts are also exempt from Section 7145 only while assisting physically or mentally disabled persons fishing under the authority of a valid license issued pursuant to this section.

For more on free and reduced-fee fishing licenses, please go to www.dfg.ca.gov/licensing/fishing/sportfishingfreereduced.html. The Free Group Fishing Permit application forms can be obtained through our License and Revenue Branch office in Sacramento.

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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.

Can Gifted Fish Get You a Ticket?

(CDFW Photo by Jeff Weaver)

(CDFW Photo by Jeff Weaver)

Question: My husband and some friends and I were fishing in the Eastern Sierras the second day of the trout opener and we all caught some nice fish. As we were leaving the lake to return to our car, one of our friends who had a long drive ahead didn’t want to keep his fish and offered them to us. We already had our limits but he said, “You can have two limits in your possession so just say you caught mine yesterday.” We took the fish but didn’t feel right about it. Was this actually okay? (Mark S., Torrance)

Answer:No, not the way you did it. While you both were allowed to catch a limit of trout on the opening day and another limit on the second day and then have two limits in possession, by accepting his fish like you did, you could have been cited. Here’s why …

Your friend was within his rights to gift you his fish, and you were within your rights to accept them. However, without proof that these fish were actually taken legally by another licensed angler, any wildlife officer you might meet in the parking lot or along the way that you showed your fish to would determine that you and your husband were in possession of an overlimit.

To avoid a misunderstanding like this, the best way to have handled it would have been to ask the angler giving you his additional fish to write you a note clearly stating this. The note should contain the date, his name, address, telephone number and fishing license number so that the note and your story could be verified, if necessary. Otherwise, you would likely be cited for being in possession of too many fish.


Fundraising dinners to the highest bidder?
Question: What is the regulation regarding charity fundraisers and abalone dinners? We are being asked to offer an abalone dinner for six people at a fundraiser and the highest bidder wins. Although different than actually charging a set price for an abalone dinner, is it illegal to accept a “donation” from the highest bidder?  (Scott E., Walnut Creek)

Answer: You can sell a dinner to the highest bidder, but it can’t be sold as an abalone dinner. You cannot advertise or sell a dinner to someone or through an auction that gives the buyer or bidder an expectation they will receive abalone for the money they spend. Even if the money is a donation to charity or to a non-profit organization, promising abalone (in any form) for money is not legal. Sport-caught abalone (or other fish and game) cannot be bought, sold, traded or bartered. You cannot commercialize sport-caught abalone in any way. If you were to buy abalone from a commercial abalone farm, then you could advertise and promote it as an “abalone dinner.”

The only way to legally do what you are proposing is to make the entire dinner “a donation”. As long as everyone going through the meal line is not “required to pay” there is no prohibition from calling it an abalone dinner.


Fishing licenses on mobile phones?
Question: I understand that some fishermen are taking pictures of their fishing licenses with their mobile phone. If a person forgot to bring his or her license, would a picture be acceptable proof of a license? (Les E.)

Answer: No. California law does not recognize an electronic copy or a picture of a sport fishing license. You are required to have your actual sport fishing license in possession while fishing (California Code of Regulations Title 14, section 700 and Fish and Game Code, Sections 1054.2 and 7145(a)) and to present your actual license upon request to any wildlife officier who asks (FGC, section 2012). Fishing and hunting licenses are printed on special waterproof paper to prevent fraudulent duplication. A scanned or digital version of your license on your phone could be easily altered from its original image.

While every angler must have a valid sport fishing license in possession while fishing in California, the law does allow a person diving from a boat to keep the license on the boat, and a person diving from shore may keep the license on shore within 500 yards.


Tree squirrel hunting rifle?
Question:I have question regarding the type of rifle that is allowed to hunt tree squirrels. Can a Benjamin Discovery PCP air rifle be used to hunt tree squirrels during the open season? (Anonymous)

Answer:Yes, any air rifles may be used for all species of resident small game in California (CCR Title 14, section 311(f).) The only restriction is for turkey where the rifle must be at least .177 caliber.

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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.