Tag Archives: archery

Sea Lions Are Eating All My Bait!

The increased abundance of pinnipeds has also resulted in a growing number of negative interactions with humans and incidents of property damage (Photo by Carrie Wilson)

California sea lions and Pacific harbor seals have been federally protected under the Marine Mammal Protection Act since 1972. The increased abundance of pinnipeds has also resulted in a growing number of negative interactions with humans and incidents of property damage (Photo by Carrie Wilson)

Question: Is there anything I can do to deter or discourage sea lions from eating all my crabbing bait? I know that seals and sea lions are protected under the Marine Mammal Protection Act but I’ve heard there are exceptions for recreational fishermen to deter them to prevent damage to private property, including gear and catch. What can I legally do to chase off these seals/sea lions or at least prevent them from chewing up my bait cages and hoop nets? Is it legal to shoot them with paintball guns? (Sam L.)

Answer: California sea lions and Pacific harbor seals have been federally protected under the Marine Mammal Protection Act since 1972, and thus harassing, capturing, killing or attempting to do so is prohibited and carries a hefty fine. According to the National Oceanic and Atmospheric Administration (NOAA), in recent years the populations of these animals have increased dramatically and are now considered healthy and robust.

Unfortunately, with the good often comes the bad – the increased abundance of animals has also resulted in a growing number of negative interactions with humans and incidents of property damage. People seeking legal methods for deterring marine mammals in order to protect their property, fishing gear and catch from damage by sea lions and seals can find recommendations and approved methods on NOAA’s website, http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/deterring_qa.html.

Shooting wrong deer
Question: If you are out hunting and shoot a spike by mistake, what should a person do? What kind of trouble could a hunter get into for that if reported to the California Department of Fish and Wildlife (CDFW)? (Steve C.)

Answer: If you shoot a spike deer by mistake, you should immediately contact your local CDFW office and/or your local wildlife officer to report it and explain what the situation was that caused the mistake. You may still be cited for wrongly harvesting an animal that you are not authorized to take, and if convicted you could lose your deer hunting privileges for the following year in all wildlife violator compact states. If you try to conceal the animal, don’t tag it, take it home or leave it in the field without field dressing it, you may be cited for additional violations that entail higher fines and penalties. And these actions could lead to an extended revocation of your deer hunting privileges in all Wildlife Violator compact states, or may lead to the revocation of all hunting privileges in California and all wildlife violator compact states.

Archery for quail
Question: I am planning on archery hunting for quail this year. Do the same laws from shotgun apply to archery? Does the quail have to be flying before shooting at it? Or if archery hunting, can the quail be standing on the ground or sitting in the trees? (John V.)

Answer: The early archery-only season for quail ended on Sept. 4, but using archery equipment generally allows you to hunt both during the archery-only season (listed under California Code of Regulations Title 14, section 300) and during the general season. Otherwise, the bag and possession limits are the same.

Whether to shoot the birds when flying vs. when they are standing on the ground or roosting in trees is not a legal question but rather an ethical decision that you must make. Under the widely accepted “fair chase” principles that most hunters abide by, shooting upland game birds or waterfowl under conditions other than when they are flying would violate this principal and be considered unethical.

Six months residency requirement
Question: If a taxpayer is considered a California resident for tax purposes and pays about $6000 a year in California income tax, plus California sales tax, but has lived overseas for part of the year, why can’t they purchase a resident fishing license until after they have physically resided in California for six months? Under fishing regs it would be legal to purchase a license in January, leave the country and return in 11 months and the California license is still valid within the same year. What is the point of this rule? (Bob R.)

Answer: While there are many ways the legislature could have defined residency, for purposes of purchasing hunting and fishing licenses, Fish and Game Code section 70 defines a resident as “any person who has resided continuously in the State of California for six months or more immediately prior…” to the date of application for a license or permit. The law also includes specific provisions regarding persons on active duty in the military and persons enrolled in the federal Job Corps. The purpose of this law is to provide criteria to establish residency for the purpose of purchasing hunting and fishing licenses.

According to CDFW License Program Analyst Glenn Underwood, the law does not say that you cannot leave California while you are a resident. However, if you live outside of California, your identification is based outside of California, or you buy resident licenses in another state or country, then you will not be able to purchase a resident California license. Many people attempt to purchase resident licenses in more than one 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.

Fishing With Glitter May Bring More Than Big Fish

CDFW photo by marine biologist Derek Stein

(CDFW Photo by Marine Scientist Derek Stein)

Question: I have been studying up on different methods of spear fishing while free diving and have read about the use of “glitter” as an attractant for bait fish. I have an idea to sprinkle glitter in the water so that when the bait fish come to investigate, the large game fish will follow and be caught as they attack the bait fish!

What are your views and the legal ramifications of this method? I understand chumming is not legal for taking game animals in our state, but the use of artificial lures is. With my idea the game fish would not be chummed by this method but instead just attracted by the collection of bait fish. If this method actually works, would it be legal? (Theodore G., Stockton)

Answer: You have an innovative idea there. Unfortunately, even if your plan to lure unsuspecting fish to you by sprinkling shiny, sparkling glitter in the water were to work, you could be cited for doing so. Placing glitter in the water is littering and is prohibited under Fish and Game Code, section 5652.

The activity you describe would be considered chumming and chumming is defined as “placing any material in the water, other than on a hook while angling, for the purpose of attracting fish to a particular area in order that they may be taken” (California Code of Regulations Title 14, section 1.32). Chumming in the ocean is allowed (as long as the chum is not considered to be litter), but chumming in freshwater is typically not permissible except in specific areas and for certain fish species (see CCR Title14, section 2.40).

Prohibited from retrieving deer from private property
Question: I recently shot a doe with my A31 tag in Los Angeles County (Archery Only-Either Sex). It appeared to be a lethal shot from 22 yards with decent shot placement. I tracked the blood to a privately owned ranch 100 yards away. I stopped tracking it when it appeared she went onto the ranch property. I then approached the ranch manager to get permission to continue tracking my deer. The owner initially agreed but after one of her coworkers talked to her, she retracted her permission (approximately 10 minutes from the time we spoke in her office). She requested that we leave her property at once as she didn’t want people to think they approved of hunting. I didn’t have enough time to locate my deer and left broken-hearted.

I don’t like seeing animals die or suffer for no reason. I would never have shot if I would have known I couldn’t recover her. I believe I did everything legal and correct but it shouldn’t be right that a deer goes to waste because of the bias of a property manager.

Is there anything I could have done to recover my deer? Do I have any rights or is there anyone I could have contacted? I’m still sick over the situation. (Luke G., Loma Linda)

Answer: It’s unfortunate that this happened. Although the law prevents one from wasting the deer, the law does not permit the trespass to retrieve it. Perhaps, if you’d contacted the local game warden, they may have been able to contact the ranch manager or owner for some possible assistance to prevent the deer from going to waste.

According to California Department of Fish and Wildlife (CDFW) Lt. Todd Tognazzini, when archery hunting it is recommended to hunt farther from private property boundaries to avoid this type of problem as deer taken with archery usually travel farther after a lethal wound than those shot with a rifle. Tognazzini says he has never been refused when a fresh and legitimate blood trail is found leaving public land onto private property.

Where does inland end and ocean begin?
Question: I would like to fish with two rods in the Delta but don’t know whether the regulations are in the freshwater books or in the ocean books. Is the Delta part of the ocean regulations or is it considered inland waters? Where does it change from ocean to inland if considered inland? (Brian S., Felton)

Answer: You can legally fish in the waters of the Delta with a second rod stamp. Inland regulations apply from upstream of the Delta to Carquinez Bridge. The definition of inland waters vs ocean waters is, “Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco and San Pablo bays downstream from the Carquinez Bridge, the tidal portions of rivers and streams flowing into San Francisco and San Pablo bays, and the waters of Elkhorn Slough …” (CCR Title 14, section 1.53).

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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.

Peace Officer, Archery Hunting and Off-duty Weapon

CPW bow hunter_Tyler Baskfield_22336

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, but shall not take or attempt to take deer with the firearm.

Question: My question is about peace officers carrying a handgun while archery hunting. The way I read the Fish and Game Code, it only states that you may carry a firearm capable of being concealed on his or her person, not that it shall or will be concealed. I always carry a backpack while hunting, and I usually carry my off-duty weapon on the waist belt under a pouch. This is not totally concealed, so is it acceptable or is it going to be left to officer discretion in the field? (Ken)

Answer: Yes, this is acceptable, but make sure to carry your peace officer identification to avoid any confusion.

“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 …, but shall not take or attempt to take deer with the firearm” (Fish and Game Code, section 4370(b)).

Lifetime fishing license is too long!
Question: I purchased a lifetime fishing license about 10 years ago. What used to be a small piece of paper that I could put in my wallet or keep in my tackle box has grown to where it’s now more than six feet in length. How about giving me a credit card type of license I can recharge every year instead of a new one? This would save a lot of money and be a lot easier to carry. (Michael T.)

: When lifetime items are renewed online, multiple items (tags, report cards, etc.) ordered together may arrive in one envelope and be printed out together as one long document. This accounts for the document length you describe, but just so you know, you should separate your documents on the dotted line printed between documents to make them more manageable.

According to California Department of Fish and Wildlife (CDFW) Associate Governmental Program Analyst Brent George, our License and Revenue Branch at one time considered a credit card system for lifetime license customers. Although the idea has some merit, they found that given California’s large population, and the overall complexity of sport fishing and hunting privileges available throughout the state, this solution is not practical. CDFW always tries to consider all viable options when developing licensing solutions for California’s hunters and anglers.

Spearfishing in Duxbury Reef State Marine Conservation Area
Question: I have a question regarding fishing regulations as they apply to spearfishing in the Duxbury Reef State Marine Conservation Area. The regulation provides that “take of all living marine resources is prohibited except the recreational take of finfish (California Code of Regulations Title 14, section 632(a)(2)) from shore and abalone.” Can I swim from shore and spearfish? I would assume the answer is yes because one has to swim from shore to dive for abalone, so swimming from shore to spearfish should similarly be allowed. What about using a kayak to get out to the dive spot? Or, what about inner tubes or boogie boards? (Gary R.)

Answer: Although you may swim from shore to take abalone, you may not spearfish in the Duxbury Reef State Marine Conservation Area. Finfish may only be taken from shore in this area (CCR Title 14, section 632(b)(50(B)).

Need a definite schedule for upcoming grunion runs
Question: I grew up in California but now live in New York. I am coming for a visit and would love to bring my kids to see a grunion run. I have your schedule but want to know if it is a definite schedule. I know they follow the full moon cycle but just want to know if there has ever been a time when you predicted the grunion will spawn on a certain day but they did not? (Andrea C., New York)

Answer: Grunion runs will occur on most southern California beaches, but unfortunately for people trying to see the grunion runs, they may not occur every night on the same beaches and may be limited to small areas of any one beach. Sometimes grunion choose not to run on beaches that are known for grunion runs; only they know why. Long story short, there are no guarantees, but as with most fishing efforts, if you don’t try you certainly will not see or catch any fish!

Grunion will spawn somewhere in their range on the days predicted; if they do not show up on one beach, they are usually at another beach. The schedule predicts the best possible times to view the runs, based on years of documentation of their behavior. Beaches that frequently host grunion runs are listed online under What Every Grunion Hunter Should Know > Best locations, on http://www.dfg.ca.gov/marine/grunion.asp#hunter.

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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.

What’s the Level of Wildlife Officers’ Search Authority?

CDFW Wildlife Officers have broad search authority. Hunters and anglers are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife.

CDFW Wildlife Officers have broad search authority. People are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife (CDFW photo)

Question: Do California Department of Fish and Wildlife (CDFW) wardens have the authority to search a sportsperson’s truck, boat, cooler, etc. without a warrant or probable cause? If so, how would an abalone check point (for example) not be a blatant violation of the Fourth Amendment of the constitution? I’m all for stopping poachers, but not at the cost of violating what makes our country so special. Thanks. (John McClellan)

Answer: In the hunting and fishing context, wildlife officers are authorized to conduct compliance inspections that would likely require warrants or probable cause in other contexts. Hunting and fishing are highly regulated activities. The fish and wildlife belong to the people of the state and not to any individual. Many states, including California, recognize this and have enacted statutes to allow Wildlife Officers to conduct regulatory inspections when interacting with those who are engaged in hunting and fishing activities. Some of these include:

• Authorization to inspect boats, buildings other than dwellings, and containers that may contain fish or wildlife (Fish and Game Code, section 1006)

• Authorization to “enter and examine any…place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or to board any fishing boat…or vehicle or receptacle containing fish…and may examine any books and records containing any account of fish caught, bought, canned, packed, stored or sold.” (Fish and Game Code, section 7702)

Also, people are required to exhibit upon the demand of a wildlife officer all licenses, tags, wildlife, and any device or apparatus designed to be, and capable of being, used to take wildlife (Fish and Game Code, section 2012)

The courts have consistently upheld these inspection authorities. As for check points, CDFW has used check points for the past 25 years as a focused and effective means of educating resource users and deterring violations of our wildlife laws. In a state as vast as California with a population of over 38 million people and with a staff of only 400 sworn officers, CDFW needs to ensure that the funds and manpower resources we have are put to the most efficient use possible. Conducting checkpoints allows us to contact thousands of people who are using our public trust resources with a handful of officers. For those who are not using our public trust resources, the check points provide us an opportunity to educate them about our state’s wildlife resources and our role in protecting those resources. The courts have established minimum standards that must be followed when we conduct checkpoints, but just like DUI checkpoints, wildlife checkpoints have been upheld by the courts.

Helping friends fill their deer tags?
Question: If a group of friends go hunting for a week, and one of the hunters tags a buck on the first day, can he continue to carry his loaded rifle with him and help his friends fill their tags? If not, can he only help with spotting and drives without a weapon? (Rod P., Napa)

Answer: Once a hunter takes a deer and fills his tag, he may accompany other hunters but cannot assist them in any way in the take of additional deer. In addition, he should leave his rifle behind. Otherwise, if encountered in the field with a rifle or other method of take, wildlife officers may determine the person assisting the hunters is also actively hunting.

Fishing for rockfish and fishing crab snares simultaneously?
Question: Can a kayak/boat angler use one line to take rockfish and then fish a crab snare with another line? In this case, a hand line tied off to his kayak? (Anonymous)

Answer: The law requires that when fishing for rockfish, only one line with no more than two hooks may be used. However, in this case, an angler may also fish for crabs at the same time with a line that attaches to a crab loop trap because these traps will not likely catch rockfish. If approached by a wildlife officer, the angler should be prepared to explain up front that only one line contains two hooks for rockfish and the other line is attached to a crab loop trap. Remember that crab loop traps are restricted to six loops.

Pelagic red crabs
Question: The pelagic red crabs (tuna crabs) are drifting in with the warm El Niño waters and washing up on beaches everywhere. I’d like to use them for bait. Are there any regulations to be aware of? (Andrew S.)

Answer: The limit is 35 pelagic red crabs per day and 35 in possession. There are no size limits and they may be taken only by hand.

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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 from a Moving Vehicle?

Bowfishing for carp in Big Bear Lake (Photo courtesy of John Poimiroo)

Bowfishing for carp in Big Bear Lake is one of the methods used by water managers to help control the growing invasive carp population. Big Bear is also a popular lake for bowfishing anglers and carp fishing derbies. (Photo courtesy of John Poimiroo)

Question: I get stopped and questioned by officers fairly often while bowfishing. I have been trying to find out more information about the bowfishing regulations but the freshwater sport fishing guide is unclear to me. Is it legal to bowfish from a moving vehicle, like from the bed of a pickup? Is it legal to bowfish in the California Aqueduct or State Water Project? I was told by an officer that it was not. (Justin F.)

Answer: No arrow or crossbow bolt may be released from a bow or crossbow upon or across any highway, road or other way open to vehicular traffic (California Code of Regulations Title 14, section 354(e)). In addition, no person may nock or fit the notch in the end of an arrow to a bowstring or crossbow string in a ready-to-fire position while in or on any vehicle (CCR Title 14, section 354(i)).

Regarding where and what you may take while bowfishing, “bow and arrow fishing is permitted only for the taking of carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey, all year, except in:

• Designated salmon spawning areas (Fish and Game Code, section 1505).

• The Colorado River District where only carp, tilapia, goldfish and mullet may be taken.

• The east fork of the Walker River between Bridgeport Dam and the Nevada state line where only carp may be taken” (CCR Title 14, section 2.25).

Bullfrogs may also be taken by bowfishing under some conditions (CCR Title 14, section 5.05).

Hunting on an Indian reservation?
Question: The Colorado River Indian Tribes (CRIT) Reservation is in deer zone D12 along the Colorado River. D12 maps show that all of this land is legal to hunt with a California hunting license and deer tags right up to the Colorado River. Can I legally hunt on CRIT Reservation land because it is within California D12, or should I stay away from reservation land? (Anonymous)

Answer: A person who is not a tribal member and wishes to hunt on the CRIT Reservation would have to comply with both California and tribal law, which requires a hunting license issued by the CRIT in addition to a California hunting license and deer tag. You should contact the CRIT’s Fish and Game Department and consult the CRIT Natural Resources Code for further information about hunting on this Reservation. CRIT contact information and the CRIT Natural Resources Code is available at http://www.crit-nsn.gov/.

Rules on drones in Marine Protected Areas?
Question: What are the rules regarding drones? Specifically, are there any regulations regarding flying drones in Marine Protected Areas (MPAs)? (Jeanée Natov)

Answer: It is a violation to fly any aircraft, including any airplane or helicopter, less than 1,000 feet above water or land over the Año Nuevo State Reserve, the Farallon Islands Game Refuge, the Point Lobos State Reserve, the California Sea Otter Game Refuge, and Anacapa, San Miguel, Santa Barbara and San Nicolas Islands, except for rescue operations, in case of any emergency, or for scientific or filmmaking purposes under a permit issued by the department after a review of potential biological impacts (Fish and Game Code, section 10501.5).

Federal regulators of the FAA and NOAA also restrict the use of drones. Flying motorized aircraft (except valid law enforcement) is prohibited less than 1000 ft. above any of the four zones of the Monterey Bay National Marine Sanctuary which are listed in Appendix B (Code of Federal Regulations Title 15, section 922.132(a)(6)). Individuals should consult the MPA- specific regulations in section 632 of Title 14 for special restrictions for individual MPAs. There may be additional regulations prohibiting disturbance of nesting and rafting birds offshore that are covered under federal law.

Firearm for self defense during archery season?
Question: During an archery hunt, can a member of your group who is a licensed hunter, but does not have a deer tag, be in possession of a firearm strictly for self-defense? I will be archery hunting for the first time this year and I plan to travel into the backcountry on foot. A friend who will be coming with me has always had reservations about traveling in bear/mountain lion habitat unarmed due to some unfortunate run-ins in his past. (Kevin K.)

Answer: If it helps put you at greater ease, dangerous encounters by hunters with bears and lions are extraordinarily rare. As long as the person is not hunting with archery equipment, does not have a tag, and is simply accompanying you, then he may carry a firearm. You must be in a location where it is legal to carry a firearm, and your friend cannot assist in the take in any way.

With limited exceptions for active or retired peace officers, archery hunters may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery-only tag (CCR Title 14, section 354(h)).

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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 in the Surf?


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.