Tag Archives: archery

Bowfishing in the Surf?

bowfishing_IndianHeadRanch

Bowfishing (photo courtesy of Indian Head Ranch)

Question: Is it legal to bowfish in the surf? Regulations say bowfishing is not allowed within 100 yards of the mouth of a stream. I’m guessing on the beach it is ok for finfish, like spotfin croakers? However, I do know some beaches prohibit bowfishing because they consider a bow and arrow a deadly weapon. Do you know which ones? (David T.)

Answer: You should check with your local police or sheriff’s department first to determine if there are any city or county ordinances prohibiting the use of bow and arrow fishing tackle. If not, it is legal to bowfish in the surf under the following conditions: Spears, harpoons and bow and arrow fishing tackle may be used for taking all varieties of skates, rays and sharks, except white sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may be used to take finfish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, broadbill swordfish, white shark, green sturgeon and white sturgeon (California Code of Regulations, Title 14, section 28.95, 27.90 and 27.91).


Can you hunt waterfowl not listed in the regulations?
Question: I know there are quite a few types of ducks that are not listed in the waterfowl regulations (e.g. teal, mergansers, etc.). If a species is not specifically mentioned, does this mean that they can or cannot be hunted? (Joe D.)

Answer: The waterfowl regulations apply to all species of geese, ducks and mergansers. Coots have different regulations. As long as the waterfowl species you wish to take does not have more specific regulations than the general bag limits, then that non-specified waterfowl species can be included in your general bag.


Retrieving game from private property?
Question: Where can I find the regulations on retrieving game that has moved onto another’s property after being shot? I believe that it is legal but I can’t find the regs. (Joe D.)

Answer: There are no regulations which allow you to recover game that ends up on private property. You are expected to retrieve all game you harvest and not to cause wanton waste by failing to recover something you’ve shot, but you must get permission from the landowner to legally enter their property. If you are not able to reach them for permission, you may contact the local game warden or sheriff and request assistance.


Buying diamondback rattlesnakes from Texas for taxidermy?
Question: I want to buy dead western diamondback rattlesnakes for taxidermy from a seller in Texas. From what I read in the regulations, it is OK. The shipper just needs to label the box with the contents. If this is legal, can you please provide the code section regarding buying/importing dead rattlesnakes? (Bryan W.)

Answer: Dead rattlesnakes can be purchased and imported into California (Fish and Game Code, section 2353). You will just need to make sure the shipment comes with a completed Declaration for Entry form identifying what it is and where it’s coming from. This declaration must be submitted to the department or a designated state or federal agency at or immediately prior to the time of entry. Declaration is not required if shipped by common carrier under a bill of lading.

This form may be photocopied. The original copy of the declaration form shall be retained by the person importing the fish or game into the state. One copy shall be mailed to the Department of Fish and Wildlife, 1416 Ninth St., Sacramento, CA 95814, within 24 hours after entering the state. One copy shall be deposited at the point of entry with any state or federal agency or officer, and one copy shall remain with the fish or game if transported by other than owner or common carrier.

“Point of entry” refers to the city or town nearest your point of entry into California.


Lobster hooping from a public pier?
Question: While lobster hooping from a public pier, the maximum number of nets per person is two. Can a person with two nets deployed for crab/lobster simultaneously use a fishing rod for finfish? What about if the person has a fishing license and lobster card? (Steve G.)

Answer: No, the regulations state that people fishing from a public pier can fish with only two “appliances,” so the two hoop nets and one fishing rod for fin fish would total three. You don’t need a fishing license to fish from a public pier, but anyone fishing for lobsters must have a valid lobster report card.

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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.

Dropping Dungeness Crab Traps Before the Opener?

Dungeness crabs (CDFW photo by Christy Juhasz)

Dungeness crabs (CDFW photo by Christy Juhasz)

Question: Is it legal to drop Dungeness crab gear prior to opening day? I’ve heard it’s legal to drop gear the day or night before opening day to let it soak overnight. I looked in the Ocean Sport Fishing Regulations booklet but couldn’t find anything indicating whether this is legal or not. If it is legal, how long before opening day can it be dropped? And how early can it be retrieved? (Fred S.)

Answer: Dungeness crab gear may not be set prior to the recreational fishing season opening date, which this year is Saturday, Nov. 1 at 12:01 a.m. (see California Code of Regulations, Title 14, section 29.85(a) and the definition of take in Fish and Game Code section 86.) Anyone setting gear prior to this date and time may be cited for attempting to take crab out of season.


Electronic spinning decoys for doves
Question: I have contacted you before and you have always been very helpful on hunting and fishing questions. This time I have one regarding dove hunting as a friend of mine wants to purchase a battery-powered spinning decoy for dove hunting for the next dove opener. Is it legal to use that type of a powered decoy for doves? They don’t seem to be the smartest of birds and may be too easily attracted to that decoy. Thanks for your help. (Joe A., Antioch)

Answer: There are NO prohibitions on electronic spinning decoys for dove hunting. The prohibitions for electronic vs wind-driven decoys are only for waterfowl from the beginning of the waterfowl season through Nov. 30.

So, tell your buddy he has the thumbs-up to go out and buy a battery-powered spinning decoy to use for dove hunting. Eurasian collared-doves are now open all year with no limits. The season for mourning, white-winged, spotted and ringed turtle doves reopens Nov. 8 and runs through Dec. 22.


Kite fishing?
Question: I live in the San Francisco Bay/Delta region and was wondering if there are any Fish and Game restrictions regarding “kite fishing.” We would like to use these specially modified kites to help us get our lines out farther than the distance we could normally cast them. Outside of local ordinances regarding powerlines and second rod licensing, is there anything that would prevent me from using a kite to get my line further away from the shore into deeper water? (Neil N.)

Answer: There are no specific regulations prohibiting the use of a kite or other windborne device (a helium-filled balloon, for example) to help you to get your line out to where the fish are.

Littering is a concern, however. Anglers have been cited for using a balloon and then releasing the balloon when a fish is hooked, or when the line reaches the desired distance from shore.

As long as you are not releasing (or losing) your kite in the process, there is nothing in Fish and Game regulations that would prevent you from using a kite in this manner. There may be local (city or county) ordinances that pertain to this, however, so please check with local authorities.”


Shotgun hunting for upland game during archery-only deer season?
Question: I have located a number of good band-tailed pigeon roosts in a remote area where I hunt with my A31 late season archery tag. It’s so remote that this year I plan to backpack in and camp in the area. If a friend wants to come with me who does not bow hunt but wants to take their shotgun to take a band-tailed pigeon, would I be allowed to use their shotgun to take band-tail if I left my A31 tag and bow back at camp for a morning? I feel confident this would be legal if we were “car camping” but I am not sure how this would be viewed legally as I will still technically be “in the field” on an archery hunt. (Stephen M.)

Answer: This would be fine once the season for band-tailed pigeons reopens unless you in an area of Los Angeles County where firearms might be prohibited.


Collecting sea palm that’s washed up on the beach?
Question: If I find some sea palm washed up on shore, can I keep it? I know you can’t pick sea palm recreationally, but since this was already dead, I see no harm in gathering. But is it legal? I know you can keep bull kelp when it washes up, so I was wondering if this was similar. (Hank S.)

Answer: The law prohibits cutting or disturbing sea palm (CCR Title 14 section 30.10). While possession of dead sea palm is technically not prohibited, removing live sea palm from the water would likely result in a citation.

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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 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.

Helicopter Fishing?

(Photo from Creative Commons)

(Photo from Creative Commons)

Question: You’ve answered readers’ questions several times in the past about the legalities and illegalities of fishing with a remote controlled boat. But my question is about a radio controlled helicopter. I just saw a video on YouTube showing a guy maneuvering his helicopter around a small lake that was dangling a line with a hook and bait on it. The craziest part of this was that he actually caught a sunfish with this rig and the helicopter flew the fish back to him on shore so that he could take it off the hook and release it back into the water. Seems like a great idea but I’m betting it isn’t legal in these parts. What do you say? (Steve C., Chico)

Answer: All fish caught in freshwater must be taken by angling which means 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). Thus, the remote controlled helicopter could be used as a vehicle to take the line out further but the line would need to be directly controlled by the angler. Depending on the location where the “helicopter angler” wants to use it, they should first make sure there are no local ordinances or specific rules imposed by the lake property owner or concessionaire prohibiting this practice and the flying of remote-controlled helicopters.


Bow hunting with a concealed firearm?
Question: When bow hunting in California, can you carry a concealed firearm if you possess a concealed carry permit? (DeWayne T.)

Answer: Unless you are an active or honorably retired peace officer, as specified in Fish and Game Code, section 4370(b), you may not carry a firearm during an archery only (AO) deer season or while using an AO tag, regardless of whether the firearm is concealed. Fish and Game Code, section 4370 requires:

(a) In every area in which deer may lawfully be taken during the general open season, there is an archery season for the taking of deer with bow and arrow. … Except as provided in subdivision (b), a person taking or attempting to take deer during such archery season shall neither carry, nor have under his or her immediate control, any firearm of any kind.

(b) A peace officer … whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow in accordance with subdivision (a), but shall not take or attempt to take deer with the firearm.

AO tags/seasons are only one option though. You can instead choose to hunt during the general season under a general tag with a bow, and then you could carry a firearm. Hunting under the AO authority grants a special opportunity to archers in exchange for leaving the firearm in camp.


Landing a large fish from a pier?
Question: While fishing from a public pier without a fishing license, am I allowed to go down onto the beach to land a big fish that I hooked on the pier? (Pete T.)

Answer: No. A fishing license is required when fishing everywhere except from a public pier. Even if you hooked the fish on the pier and only came down onto the beach to land the fish, you would need a valid license to avoid a potential citation. Purchasing an annual fishing license will make this a non-issue; or you may want to buy a pier net to help you land bigger fish from the pier.


Peacocks
Question:Is it legal to trap wild peacocks? If so, is it legal to sell them? Is it legal to kill wild peacocks? (R. Om)

Answer: Peacocks are not protected by California Fish and Game laws and so the CDFW has no regulations regarding trapping, selling or taking them. Check with your local animal control as peacocks are domestic animals.


Carcass possession limits?
Question: I fish for rockfish out of Santa Barbara and afterwards freeze the carcasses to use for crab bait. I am aware of the daily bag limit for rockfish but have not found any regulations for the leftover carcass (head, body, skin and guts). Are there any possession limits for rockfish carcasses? (Jim P.)

Answer: Although the general rule is once the meat has been removed and consumed or given away and you only have a carcass, it no longer counts as part of your possession. However, even parts of fish are legally considered “fish.” The letter of the law is you may not possess more than a daily bag limit of fish. So, if you catch fish and take them home to clean and you freeze the carcasses for use as bait in the future, be sure you do not take more than a possession limit of carcasses with you when you go crabbing.

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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.

Bowfishing for Carp – Hunting or Fishing?

Bowfishing (photo courtesy of Indian Head Ranch www.indianheadranch.com)

Bowfishing requires a fishing license and the arrow must be attached by a line to the bow or to a fishing reel (photo courtesy of Indian Head Ranch http://www.indianheadranch.com)

Question: If I want to shoot carp with a bow, do I need a hunting license or a fishing license? Are there any regulations regarding seasons, bodies of water, or specific tackle or gear that I should plan to use? (Vern D., Stockton)

Answer: While the practice of bowfishing for carp may seem like a combination of hunting and fishing, it is considered fishing and thus you are required to have a fishing license to do so. Sport fishing regulations permit bow and arrow fishing for the following nongame species only: carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey (for specific areas and exceptions, see California Code of Regulations Title 14, section 2.25 on page 15 of the sport fishing regulations booklet).

Even though California Department of Fish and Wildlife (CDFW) law might allow for bow and arrow fishing in your local area, some lakes and waterways prohibit the possession of bow and arrow equipment. You will need to check with the jurisdiction that runs the body of water (e.g. State Parks, Regional Parks, local county parks, etc.)

When bow and arrow fishing, make sure the tackle has the arrow shaft, the point or both attached by a line to the bow or to a fishing reel. This rule also applies to crossbows (CCR Title 14, section 1.23).


Shooting at varmints from a car roof top?
Question: I know it’s illegal to shoot from your car, but is it legal to park and shoot from the roof of your car for varmints? Thanks. (Harry N.)

Answer: It is always illegal to shoot at a bird or mammal from a car, including from the roof top. The law prohibits possessing a loaded rifle or shotgun in any vehicle which is standing on or along or is being driven on or along any public highway or other way open to the public (Fish and Game Code, section 2006). Loaded guns may be possessed in or on a car only while on private property; however, the law does not allow you to take any bird or mammal from a motor vehicle (CCR Title14, section 251). Remember, the definition of “take” includes any attempt to take, such as shooting at the bird or mammal. Therefore, the only shooting allowed would be target shooting


Fishing for halibut with grunion?
Question: I know that under current regulations grunion can only be caught by hand, I also know that when the grunion come inshore to spawn, the halibut frequently follow along for a feast, and it is a good time to target the flatties. So I am wondering, is it legal for me to take grunion by the legal method (by hand) and then retain them live in a bait bucket to use as live bait for fishing for halibut? Or even more directly, may I take the grunion in legal fashion and hook one up to fish the surf for halibut and other species with rod and reel while the grunion run is in progress? (Martin F.)

Answer: Yes. Grunion may be taken June 1 through March 31 and there is no bag limit. Grunion may be taken by hook and line or by hands. No appliances of any kind may be used on the beach to take them, and no holes may be dug in the sand to entrap them (CCR Title 14, section 29.00). When catching grunion on the beach, we recommend that you wait until after they have spawned and are returning to the ocean to take them.


Can my son carry a BB gun when he comes hunting with me?
Question: When go out hunting I normally take my nine-year-old son. Can my son carry a BB gun legally with him? He will not be using the BB gun to shoot at any wildlife. It mainly gives him that feeling that he is part of the hunting party. Any information you can provide is greatly appreciated. (Jose R. via e-mail)

Answer: I applaud you for introducing your son to the outdoors and including him in your hunting excursions at such a young age! Unless there is a county ordinance prohibiting the discharge of a BB gun or air rifle in the area where you’re hunting, and as long as he is not shooting at wildlife, it should be fine for your son to legally carry his BB gun with you and the rest of your hunting party. Enjoy your time together!

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

Diving for Lobsters with Hoop Nets

DFG Marine Biologist Travis Buck holds a California spiny lobster caught in a traditional hoop net (DFG photo)

CDFW Marine Environmental Scientest Travis Buck holds a California spiny lobster caught in a traditional hoop net (CDFW photo)

Question: In regards to catching California spiny lobster, the regulations say the following: Both rigid and collapsible hoop nets may be used from piers and boats. When fishing from a boat, five nets per person are allowed with no more than ten traps on a boat. When fishing from a pier, two hoop nets per person are allowed. Divers are limited to catching lobster by (gloved) hand only.

This leads me to my question. Is it legal for a snorkeler/diver/free diver to swim their hoop nets out to the desired location to drop and then retrieve their traps by hand, while floating in the water? This seems like a good option for people who do not own boats to set traps from and for divers when visibility is so poor that it’s impossible to see lobsters to catch by hand. (Joshua)

Answer: No, you cannot legally take fish hoop nets out to a fishing location while free or scuba diving. The law says that when diving for crustaceans (free or scuba diving), you may take crustaceans by the use of hands only (California Code of Regulations Title 14, section 29.80(g)). If you are in the water, you are diving. You can scout where you want to set your nets when diving, but then you need to stop diving and get out of the water to set and retrieve your hoop nets. If you don’t want to buy or borrow a boat, you can set traps from a kayak, a long board or even a stand up paddle board. Just be sure to wear a life jacket if you do!


Property rights via access by ATV down a dry river bed?
Question: During the last week of deer season, I approached a man riding a 4-wheeler who was obviously hunting since he had a rifle case. He was riding down the dry river bed for over a mile where it’s private property on both sides of the river. He argued with me that he had a right to be there as long as he stayed under the high water mark. I told him he could not be there and could not cross private property at all unless if in a boat and didn’t touch the river bar/land. He got huffy with me so I let it go and he proceeded on his way. What is the law when it comes to a river running through private land? (Heather D.)

Answer: This is a very complicated area of the law and will vary based on the characteristics of the waterway, the ownership of the land, the agencies involved and a number of other factors. In other words, before people get on their ATVs thinking they have the right to ride down dry river beds through private property, they should do some research to see exactly who owns or manages the land, what the characteristics of the dry waterway are and be absolutely sure they have a right to be there and won’t be trespassing. All situations are not the same and the laws may vary from place to place.


Pooling crabs?
Question: What is the boat limit for taking crabs other than Dungeness? I plan to have between two and four people (all with fishing licenses) on my private boat and need to know the answer to this question. Thank you very much for your help. (Jay T.)

Answer: You may not pool your crabs since boat limits apply only to finfish and not to invertebrates (CCR Title 14, section 27.60 (c)). With crabs, individual bag and possession limits apply. For crabs of the Cancer genus (excluding Dungeness crabs) including yellow crabs, rock crabs, red crabs and slender crabs, the limit is 35 crabs per person. Each crab must measure a minimum of four inches from edge of shell to edge of shell at the widest part (except there is no minimum size in parts of Humboldt County).


Bow and arrow hunting with a slingshot?
Question: Can a slingshot be used as a bow or crossbow? Would it be legal to hunt with an arrow and slingshot? (Anonymous)

Answer: Yes, a slingshot can be used as a bow or crossbow as long as it can cast a legal hunting arrow (except flu-flu arrows) a horizontal distance of 130 yards, and as long as it meets one of the definitions of bows and crossbows listed in the Title 14 regulations. To be sure your slingshot meets the requirements, please go to http://www.dfg.ca.gov/enforcement/, click on “CA Code of Regulations, including Title 14” and look up Title 14, section 354, subdivisions (a), (b) and (f).

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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.