Tag Archives: crab fishing

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.

Must Hunters and Anglers Carry CDL with License?

Hunters and anglers should carry photo identification along with appropriate fishing/hunting licenses to properly identify who they are (CDFW photo by Debra Hamilton).

Hunters and anglers should carry photo identification, along with their appropriate hunting/fishing licenses, to properly identify themselves to wildlife officers when asked. (CDFW photo)

Question: While hunting or fishing, besides carrying the appropriate license(s), do I also need to carry my state driver’s license? I would prefer to leave it in my vehicle, but I also want to be sure I am in compliance with the law if I run into a game warden in the field. So my question is do I need to carry photo I.D. with my license? (Anthony B.)

Answer: You will need to verify that you are the person holding your own fishing or hunting license. Though photo identification is not mandated by law, being able to identify yourself properly is. If you cannot appropriately identify who you are, you may see yourself in an extended contact with the wildlife officer. If you’re getting cited for something, the wildlife officer may have to take you to jail until you can be properly identified. The bottom line is even though the law doesn’t state you must have photo identification in possession, it would benefit you greatly to carry photo identification, so you may properly identify who you are to the wildlife officer.

Family crabbing trip
Question: My family plans to take a trip to San Francisco this July. Is red crab season still open or is it open all year? If it is open, please let me in on some rules and regulations, such as the limit and the size? Where can I find more information about crabbing in San Francisco and ask more questions? (Kao X.)

Answer: Take of rock crab is open year-round. Red/yellow/rock crab are species that may be kept in San Francisco Bay (no Dungeness crab may be kept from the Bay, even during the open season). Rock crab and other non-Dungeness crab have a daily bag and possession limit of 35 crab that must measure at least four inches across (see California Code of Regulations Title 14, section 29.85(b) on pg. 50 of the current Ocean Sport Fishing regulations booklet).

There are a variety of piers where people go crabbing in the San Francisco Bay area. Try reviewing piers on the website www.pierfishing.com. A guide that shows the differences between the crab species is available online at www.dfg.ca.gov/marine/dungeness_crab.asp#cancroid.

Be sure to review the above subsection thoroughly for further fishing regulations that pertain to rock crab (bag limit, size limit, etc.). For more information about crab, you can visit our Invertebrate Management Project webpage at www.dfg.ca.gov/marine/invertebrate/crabs.asp.

Transporting cleaned and portioned fish
Question: If I take a long road trip with my boat in tow and catch fish over a few days, my concern is that while I will only have legal quantities in possession, the fish will be cleaned, portioned and vacuum sealed before I return home with my boat in tow. I know it’s legal to clean fish after I am at my vacation home, but in this this situation the quantities of yellowtail, yellowfin, white sea bass, etc. would be impossible to determine even though I am within the possession limits. How would a wildlife officer deal with this situation if I was stopped on the roadtrip home with a cooler full of vacuum sealed fish? (Charlie C.)

Answer: Unless the regulations specifically require that a fish be kept whole until being prepared for immediate consumption, such as lobster and abalone, you may clean and store your fish in any condition you want to, once they are brought ashore. In similar situations, people have chosen to package each fish separately, and retain the carcass, so that if stopped by a wildlife officer, they could show the officer the legal-sized carcasses, which would also aid in identifying the species of fish. That still would be more complicated than if you hadn’t chunked up the fish, but it would be better than a bag of nondescript cubes of fish. If the quantity appeared highly excessive, a wildlife officer might use our Wildlife Forensics Laboratory to determine the exact quantity.

AO tags during rifle season?
Question: Can you use an Archery-Only tag during rifle season if you’re still using archery equipment as your method of take? (Eric C.)

Answer: Yes. The Archery-Only (AO) tag allows hunting with archery equipment only during the archery and general seasons in A, B or D zones and Hunt G10 (military only). You may not possess a firearm or crossbow when hunting under the authority of an AO deer tag, except as otherwise provided.

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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.

Why Not Wolves in California?

Gray wolf captured and GPS-collared by the Oregon Department of Fish and Wildlife (ODFW) (Photo courtesy of ODFW)

Gray wolf captured and GPS-collared by the Oregon Department of Fish and Wildlife (ODFW) (Photo courtesy of ODFW)

Question: Even though gray wolves are slowly expanding back out into their historical ranges, why have they not returned to California? Other western states have them. What makes California different? What’s the status of the wolf planning effort? Is there funding for it? (Emma M.)

Answer: The biggest considerations on natural reestablishment of gray wolves into California are the smaller populations of prey species available (compared to other western states), the growing population of people and the decline in habitat to support them.

According to California Department of Fish and Wildlife (CDFW) Wildlife Program Manager Karen Kovacs, while the gray wolf’s prey species is similar to other western states (deer and elk), California cannot compare with the other states on the numbers of prey animals. In general, wolves in the western states prey on elk. And while some states have hundreds of thousands of elk, our state has less than 10,000 elk. California has more deer than elk, but again, less than what other western states have.

Human population in California is also different. California has more than 38 million people and infrastructure to support that population including highways, development, reservoirs, intensive agriculture, etc., all of which contribute to a loss of deer and elk habitat, hence a loss of potential wolf habitat.

One other difference is that California has very limited information regarding the prior presence of wolves in the state. Very little verifiable information exists, including about two wolves collected in the 1920s. So just how widespread and what those historical numbers are is unknown.

The draft Wolf Plan will address these considerations and other consequences of wolves in California. The wolf planning process with the stakeholder working group is completed. We are in the process of revising the draft based on peer review and the last round of comments from the working group. We anticipate having the revised draft available for public review along with holding two public meetings for additional input to the department. We will then make any necessary changes and finalize the Wolf Plan. Timeframe is late spring or early summer. There is no specific funding identified at the present time.

California has no intention to reintroduce wolves as other states have done. For more information on gray wolves and the work being done in California, please go to: www.dfg.ca.gov/wildlife/nongame/wolf/

Filleting fish onboard vessels?
Question: I want to make sure I have this filleting of fish onboard vessels correct. If I am fishing in San Francisco Bay and catch a 36-inch striped bass and a 48-inch leopard shark, I cannot remove the fillet from either fish until I am off my boat, correct? If so, can I remove the tail, head and fins from the fish? If I move to the Delta District to fish, are the filleting restrictions different? Thank you, as always, for helping to clarify these regulations. (Howard A.)

Answer: Both striped bass and leopard sharks have minimum length requirements and no established minimum fillet lengths, so neither can be filleted until you are back on shore. Heads and tails must also stay attached so that the fish can be measured to confirm they are of legal size, unless the fish is still of legal size after removing the head and tail. No person shall fillet, steak or cut into chunks on any boat or bring ashore as fillets, steaks or chunks any species with a size limit unless a fillet size is otherwise specified (California Code of Regulations Title 14, section 27.65(c)). In addition, no fish may be possessed on a boat or brought ashore in such condition that the size and/or species cannot be determined (Fish and Game Code, sections 5508 and 5509), unless it is being prepared for immediate consumption on the boat.

Can youth hunters earn preference points?
Question: If my 9-year-old daughter has her hunting license, can she apply for preference points for any big game species, even though we know she can’t big game hunt until she is 12? (Shelley D.)

Answer: No. Hunters can only apply in the big game drawing once they are eligible to hunt for big game. Applicants for premium deer license tags, pronghorn antelope license tags, or elk license tags must be at least 12 years of age on or before July 1 of the license year for which they are applying. Youth hunters are not eligible to apply, even if it’s just to earn preference points (CCR Title 14, section 708.11).

Number of rods while fishing with crab snares?
Question: While out crabbing from our boat, my friend and I like to cast crab snares while waiting to check our soaking crab pots. I don’t see any regulations related to the number of rods we can have out when using only snares from a boat. (Paul S.)

Answer: Regulations for crab snares (referred to as crab loop traps in our laws) can be found in CCR, Title 14, section 29.80. Although there is no limit to the number of poles you use, each loop trap is restricted to no more than six loops (snares).

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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.

Returning Fish and Wildlife Back to the Wild

CDFW staff releasing waterfowl after health inspection (CDFW photo)

CDFW Waterfowl Biologist Melanie Weaver releasing a male pintail following a routine health examination (CDFW photo)

Question: If I want to release fish and other shellfishes that I got from the local market into California waters, how do I get permission or a permit? Also, what about birds? Do I need a permit? (Stella T.)

Answer: It is not legal to move and plant live finfish in any waters of California. Same goes for birds or mammals, regardless of where they came from. In addition to the fact that to do so is illegal, it is also not a compassionate gesture to relocate fish and wildlife to new waters or habitats where they are not accustomed or to environments they are not familiar with or already adapted to. Most fish and wildlife will probably not survive under these conditions, and you run the risk of spreading parasites and diseases to healthy ecosystems that may then endanger the health and well-being of native fish and wildlife living in their natural environments.

“It is unlawful to place, 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 law also states that no person having possession or control over any wild animal under this chapter shall intentionally free, or knowingly permit the escape, or release of such an animal, except in accordance with the regulations of the Fish and Game Commission (FGC, section 2121).

Many of the live fish and shellfish found in the local markets are imported into California from other states or countries under an importer’s permit. Besides being illegal, the release of these exotic species into our state waters could devastate the native species with disease or unnatural competition for food or predation. The same would apply to birds and other wildlife.

Turning deceased animals into taxidermy art?
Question: I have a question in regards to acquiring animal remains. If an animal is a legal species to possess and is found as road kill, or is decomposed to bone by nature, how can one go about obtaining the remains legally to use for taxidermy and art? I know this is a sensitive subject since there is no way to prove one “found” an animal, and ethics come into play. But I’m connected to a lot of groups on Facebook from outside of California that have laws allowing people to obtain animal remains that are not from protected species. These pieces are then used and sold as art.

Before continuing with my endeavors though, I want to make sure I can ethically source remains and legal specimens. Or if I can’t just as a citizen, what permits would I need in order to do so? I find it really hard to believe that state laws in Florida vs. California can differ so vastly. And it’s almost impossible to find reliable information on the Internet, so I figured I’d go straight to the source. (Christina G.)

Answer: First of all, any wild bird or mammal (or part thereof) found in California may not be sold (FGC, section 3039). Animals that have been legally taken under the authority of a hunting or fishing license in this state may be preserved through taxidermy consistent with California Department of Fish and Wildlife (CDFW) recordkeeping requirements, but they may not be sold or purchased (California Code of Regulations Title 14, section 695). Road-killed animals generally may not be possessed, with some exceptions for scientific and educational purposes.

Harvesting sea anemone for food?
Question: While eating sea anemone probably seems strange to most Americans they are eaten throughout the world, most notably in Asian countries. When chopped, tossed with flour and fried (think clam strip), it tastes like a cross between crab and clams. Is it legal to harvest sea anemone for food in California? (Brent A., Fort Bragg)

Answer: Sea anemone may not be harvested in the area between the high tide mark and 1,000 feet seaward and lateral to the low tide mark (California Code of Regulations Title 14, section 29.05). In fact, only the following marine invertebrates may be taken in this area:

“Except where prohibited within state marine reserves, state marine parks, state marine conservation areas, or other special closures only the following may be taken: red abalone, limpets, moon snails, turban snails, chiones, clams, cockles, mussels, rock scallops, native oysters, octopuses, squid, crabs, lobsters, shrimp, sand dollars, sea urchins and worms except that no worms may be taken in any mussel bed, unless taken incidental to the harvesting of mussels” (CCR Title 14, section 29.05(b)(1)).

It would be perfectly legal, however, to take 35 sea anemone outside the 1,000 foot intertidal zone, and sea anemone do live outside that zone. A shore picker would have difficulty doing this though unless it was a zone where the intertidal area is very flat.

Any restrictions on crab bait components?
Question: Are there any restrictions on what you can use for crab bait in non-commercial crab traps? (Al and Karen B.)

Answer: No. As long as the bait sources are legal for you to possess, there are no restrictions on what you may use.

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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.

Wildlife Feeders to Attract Turkeys?

Spring turkey (Photo by Carrie Wilson)

Spring turkey (Photo by Carrie Wilson)

Question: A buddy of mine has a feeder on his ranch that he loads up with feed to attract turkeys to his property. He intends to hunt them once the season opens. I told him this was illegal baiting but he said he would pull the feed out before hunting the area. What do you think? Is this really legal? (Anonymous)

Answer: No. It is illegal to harass any game or nongame bird unless authorized by a regulation or the Fish and Game Code (California Code of Regulations, Title 14, section 251.1). Under this section, “harass” is defined as an intentional act which disrupts an animal’s normal behavior patterns, which includes, but it is not limited to, breeding, feeding and sheltering. Consequently, if your friend’s feeder disrupts the normal behavior pattern of the turkeys, it would be a violation of the law to feed the turkeys even if he/she pulls the feeder out before hunting the area. Also, please note that a person may not take resident game birds, such as turkeys, within 400 yards of any baited area unless an exception in CCR Title 14, section 257.5, has been met.

Legal sturgeon in tow?
Question: While out sturgeon fishing, we noticed a smaller boat with a legal sturgeon in tow. The rope was double hitched and wrapped around the fish just behind the gills. As ropes and snares are now illegal, where does this technique fall into the rules?  (Bill A.)

Answer: If the “double hitch” you saw was a flexible loop made from any material that can be tightened like a noose around any part of the fish, then what you saw was not legal (CCR Title 14, section 5.80(d) and 5.81(a)). The no-snare regulation is to reduce harm to sturgeon. Oversized white sturgeon and all green sturgeon may not be removed from the water and shall be released immediately (CCR Title 14, section 5.80(c) and (e) and 5.81(b)). Legal-sized white sturgeon that anglers choose to release must be released immediately without taking them out of the water

If the person in possession of the fish you saw had not recorded the fish on a Sturgeon Fishing Report Card, it was also illegal under CCR Title 14, section 5.80(f). The tagging requirement is to prevent waste of white sturgeon through “high grading” (releasing a smaller fish when a larger one is caught) as well as to enforce the daily and annual bag limits.

If you see something like this again, I recommend calling the 24-hour Californians Turn in Poachers and Polluters (CalTIP) hotline at (888) 334-2258. Tipsters also can text anonymous information, including photographs, to CalTIP via “tip411” (numerically, 847411). Wildlife officers can respond directly, resulting in an anonymous two-way conversation. Users must start the text message with the word “Caltip”. Phone number line, type: 847411, message line, type: Caltip (followed by the message/tip).

Diving and crabbing at the same time?
Question: I live in Monterey County and freedive/spearfish in the approved areas frequently. I see crab while I’m down on the bottom and have decided maybe I’d like to try and grab a few. I’ve read through the rules and regs and think I have a pretty good idea of what’s expected of me. Would it be possible (and legal) for me to purchase a crab trap, place it out before my spearing, then go dive for a few hours and return to collect it once I’m done diving? It would all be done in one trip and from a kayak. Just a thought. For now I’m just going to get a measuring devise and try my luck by hand.

Answer: Yes, if you are north of Point Argulello (Santa Barbara County), you may legally set traps for crabs and have them fishing while you’re diving. Then after you have finished diving, you may return to collect crabs from the trap. You cannot service traps while still diving because while diving for crustaceans, you are restricted to taking crabs only by hand (CCR Title 14, section 29.80(g)). Note that for hoop nets, the limit between setting and pulling is two hours.

Passengers netting fish?
Question: Can a person net fish for others without having their own California Sport Fishing License?  (Pete)

Answer: Yes, as long as you are referring to using a “landing net” to net another angler’s fish that is unable to use the landing net them self for some obvious reason, then it’s ok. Assisting someone with the use of a landing net in this way would not require a license, but using other types of nets, such as gill nets, seines, dip nets for catching baitfish in the ocean would require a license.

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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.

Hunting Sea Ducks

Surf Scoter (Photo courtesy of Ducks Unlimited)

Question: I would like to hunt sea ducks and target surf scoters this waterfowl season. Is this legal? If so, how does one know where it is legal to hunt from shore? Also, if hunting from a boat, I know the motor must not be utilized except to retrieve birds. What other guidelines are there for hunting from a boat? (Scott S.)

Answer: Surf scoters and other sea ducks are found along the entire coast but hunting for them is more popular north of the Golden Gate Bridge in northern California (such as Humboldt Bay) and in Oregon and Washington. Hunting from shore is legal provided that the shoreline is not private (unless you have permission to be there). It also must not be in an area covered by one of the numerous ecological reserves, marine reserves, state parks, etc. along the California coast (see Fish and Game Code, section 2016, for the parameters).

The best thing for you to do is select an area you’re interested in hunting and then contact some local hunting clubs or stores for specific tips and recommendations. Be sure the area allows for discharging of firearms and that you will not be hunting on private property or in one of the parks or reserves that do not allow for hunting.

As far as hunting from a boat, you may not hunt or kill birds while “under power”. In order to legally hunt from a boat, the boat may not be moving due to the influence of the motor.

In general, hunting from navigable waters is legal, as long as the person stays in the boat. Exceptions to this would be the same as the legal closures I listed that cover shoreline hunting.

Multi-day permit question
Question: I have a multi-day fishing permit to use on my personal boat. What is considered a 24-hour day for meeting my daily bag/catch limit? For example, if I am lobster fishing and I catch my limit of seven lobsters before 12:00 am, does a multi-day permit qualify me and everybody onboard my boat at 12:01 am to continue fishing through the night to catch our next day’s limit of lobsters? If not, is a day of lobster fishing considered one complete night so that the next limit of seven lobsters can only be taken the following night? Also, do the same rules apply for fishing, and are all daily bag limits on a 24 hour rotation ending at 12:00 am? If not, then when do they end? (Chris P.)

Answer: A Declaration for Multi-Day Fishing Trip requires that the trip is continuous and extends for a period of 12 hours or more on the first and last days of the trip. If you were fishing or diving for lobster for 12 hours or more before midnight (12:00 a.m.) on the first day of your trip, then you would be able to take your second day’s limit after midnight, as long as your trip extended for at least 12 hours on the second day as well.

The multi-day fishing permit is intended to allow persons fishing offshore, on a trip that lasts multiple days, to catch and keep up to three daily limits of finfish, lobster and rock scallops (in Southern California). In addition, no berthing or docking is permitted within five miles of the mainland shore (California Code of Regulations, Title 14, section 27.15).

Rod and reel and crab fishing at the same time?
Question: Can you set crab pots from a boat, and once finished, fish with a pole as long as the fish are in season? Thanks for your help on this question (Craig J.)

Answer: Yes, there’s no fishing regulation that prohibits rod and reel fishing while you’re soaking your crab pot.

Is it legal to post signs on land you do not own?
Question: I’ve been finding some of my favorite hunting areas now have “No Hunting” signs hung on the fence lines. The problem is these signs are being posted by people who don’t even own the land! This has got to be illegal but I’m not sure what the regulations actually say here. Can you offer us some help? (Jack L.)

Answer: It is illegal for someone to post any sign prohibiting trespass or hunting on any land unless authorized by the owner or the person in lawful possession of the property. By the same token it is also unlawful for any person to maliciously tear down, mutilate or destroy any sign, signboard or other notice forbidding hunting or trespass on land (ref. FGC Section 2018.)

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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.