Tag Archives: archery

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.

Beach Hunting

(CDFW photo by Melanie Parker)

(CDFW photo by Melanie Parker)

Question: I’ve heard deer and elk are occasionally spotted on a beach in a remote area of Northern California. This beach stretches for several miles and I’m planning to hike it beginning from a public access point. During deer and elk season, what are the regulations regarding hunting from the beach? I will have a harvest tag for the appropriate area and know not to shoot over water or within 150 yards of a dwelling. I believe the State of California owns everything from the mean high tide water line out to three miles, so if it were a low tide, and a deer or elk happened to be below the mean high tide line, could I technically take a shot? Although it’s not likely this scenario would occur, I am curious about the legal and ethical nature of this scenario. (Katie H.)

Answer: There are no California Department of Fish and Wildlife (CDFW) laws prohibiting this, but there could be local firearms closures in place. To determine if firearms or archery equipment would be legal to possess and use in the area you’re interested in hunting, you should contact the local sheriff (if an unincorporated area) or the local police department (if an incorporated area) to confirm. Also, these beaches may very likely be managed by either State Parks (where hunting is prohibited) or Bureau of Land Management (who may have restrictions on hunting near trails, camps and beaches). Therefore, you should also contact the local agency having jurisdiction over where you plan to hunt to be sure hunting is authorized there.


Number of fishing rods used in ocean boat?
Question: If we are fishing on a boat in Monterey, how many fishing rods are allowed? If we already have rockcod aboard, do I need to use one rod? Can I use two rods to target lingcod or halibut if we don’t have rockcod? Can I still use a second rod for bait fishing if rockcod are aboard? (Kenual L.)

Answer: Generally, any number of hooks and lines may be used in ocean waters and bays, but there are exceptions involving certain locations and specific species of fish. When pursuing rockfish, lingcod, cabezon, kelp or rock greenlings, or salmon north of Point Conception, or when any of these species are aboard or in possession, only one line with not more than two hooks may be used (California Code of Regulations Title 14, section 28.65(c)). When rockfish are aboard, you may not use a second rod even if for bait fishing. Instead, plan to fish for bait before fishing for these species. Anglers should read section 28.65 on page 46 of the 2013-2014 Ocean Sport Fishing Regulations booklet before fishing with multiple hooks or lines.


Crabbing in Santa Barbara (Refugio Beach)
Question: I’m planning to head to Refugio Beach in Santa Barbara to do some crabbing. What do I need to get to trap crabs in the water about 100 yards out? What traps can I use since I’m not a commercial fisherman? (Robert M.)

Answer: Crab traps are illegal south of Point Arguello (north of Refugio State Beach), so you may not use traps there. However, you can take crabs by hand or hoop net (CCR Title 14, section 29.80). Hoop nets must be serviced every two hours. You will need a sport fishing license (unless you go on a Free Fishing Day www.dfg.ca.gov/licensing/fishing/freefishdays.html), a measuring gauge to measure the crab and hoop net(s). Since lobster season is currently open, if you catch a California spiny lobster, then as long as you have lobster report card in your possession and the lobster meets the size requirements, you can take lobsters by hoop net also. Any spiny lobsters caught outside of the season or that are too short must be immediately returned to the water. Please make sure you’re familiar with all crab (and lobster) fishing regulations before heading to the beach. The 2013-2014 Ocean Sport Fishing Regulation booklet can be found wherever fishing licenses are sold, or online at www.dfg.ca.gov/marine/sportfishing_regs2013.asp.


Methods of crayfish harvesting?
Question: I was wondering if you can harvest crayfish by free diving for them in lakes and streams using only your hands. (Eddie R.)

Answer: Yes. Crayfish may be taken only by hand, hook and line, dip net or with traps not over three feet in greatest dimension (CCR Title 14, section 5.35). Most crayfish have no limit and the season is open all year. However, Shasta crayfish are protected and so there are specific river and lake closures listed for their protection in the 2013-2014 California Freshwater Fishing Regulations booklet (on page 20), as well as online at www.dfg.ca.gov/regulations/. Look for subsection (d) of this section for the closed waters to avoid.

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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 Cal.Outdoors@wildlife.ca.gov.

Diving for Abalone with Knives and Spear Guns

Red abalone feeding on kelp at San Miguel Island (CDFW photo by Derek Stein)

Red abalone feeding on kelp at San Miguel Island (CDFW photo by Derek Stein)

Question: I plan to head to the coast to try some abalone diving next weekend but need to clarify a few of the abalone regulations before I make the trip. First, I will take all abalone with a legal ab iron but want to also carry a knife. Would this be a problem?

Second, if my buddy and I want to spearfish and take abs on the same day, can we carry our guns while taking the abs or do we have to make separate trips to and from the car?

Finally, if our abs are separated into individual bags (one for mine and one for his), can both bags be clipped onto a single float tube while we finish spear fishing or would that violate the separate possession regulation? Thanks! (Andrew M.)

Answer: You are allowed to carry a knife while diving for abalone but you may not use a knife in place of an abalone iron for taking abalone. The main reason for this rule is because abalone are hemophiliacs, and even the slightest cut to the foot when attempting to remove them from the rocks may cause them to bleed to death. This is a problem especially for abalone short of the legal size limit that must be released. Abalone irons are designed with rounded corners and wider and thicker bases to prevent injuries.

As far as spear guns, you are allowed to carry one while abalone diving (unlike when diving for spiny lobster where this is not legal). Each person’s abalone must be kept in separate identifiable bags, but the bags can both be clipped to the same tube.


Fishing on CSU campuses?
Question: While fishing on a reservoir located on the Cal Poly SLO campus recently, a Cal Poly professor approached us and asked us to leave. This reservoir receives water flow from Lake Santa Margarita where the California Department of Fish and Wildlife (CDFW) stocks the fishery. The reservoir isn’t listed as a regulated fishery with special conditions. I believe it is public land, and licensed California anglers have a right to fish there. The professor disagrees. Who’s right? (Brian H., San Luis Obispo)

Answer: Fishing access to reservoirs is generally controlled by the person or entity that owns the land on which the reservoir is located. According to local CDFW Patrol Lieutenant Todd Tognazzini, Cal Poly may be conducting studies or engaging in other activities on the reservoir that are inconsistent with fishing. The best thing to do is check with the Cal Poly Police Department for clarification. They can probably provide you a current law they would enforce related to fishing there.


Archery during rifle season?
Question: I hunt archery exclusively, though sometimes I am not able to fill my tag. If I don’t fill my tag during the archery season, can I still use my archery tag and hunt during the rifle season? (Jonathan E.)

Answer: It depends upon what type of tag you have. If you have an archery only (AO) tag or a premium archery tag, then it may only be used for archery take. If you have a general zone tag, it may be used with archery equipment during the early archery season, and then with all legal big game methods such as a rifle, crossbow or archery during the later general season.


Gaffing salmon?
Question: Is it legal to use a gaff to land salmon? On a fishing web site I follow, some guys are recommending using a gaff if the net is busy and two fish need to be landed at the same time. I can’t find the section in the saltwater regulation book to answer my question. Can you help? I’m just trying to stay legal. (Ralph C.)

Answer: In ocean waters, gaffs may only be used to land salmon that are of legal size. If a fish is short and a gaff is used, the angler is in violation (CCR Title 14, section 28.65(d)). In inland waters, only anglers fishing from a boat in the Sacramento River main stem below Deschutes Road Bridge can use a gaff (measuring three feet or less) to land legal-sized fish (CCR Title 14, section 2.06). It’s best to release any short salmon as close to the water as possible to give them the best chance for survival.

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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 Cal.Outdoors@wildlife.ca.gov.

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