Tag Archives: crustaceans

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.

How to Fish the Lobster Opener?

California Spiny Lobster (CDFW photo by Derek Stein)

California Spiny Lobster (CDFW photo by Derek Stein)

Question: I know that lobster season opens at 12:00:01 Sept. 27, 2014. If the hoop wet time is a maximum two hours, can I drop my hoops at 10:15 p.m. Sept. 26, 2014 and pull them after midnight? (George G.)

Answer: No, attempting to take lobsters is “fishing” and so if you drop your hoop nets before the season officially opens, you will be fishing out of season. Lobster season officially opens during the first minute of the first day of the season (12:00:01 a.m., Saturday, Sept. 27). The two hour wet time requirement is designed to require the net to be checked every two hours once it is legally in the water. So this means that even if you legally drop your hoop nets in the water a second after midnight, they must be serviced by 2:00:01 a.m.!


Protocols for packing deer out?
Question: I am preparing for my deer hunt and planning to hike 2½ miles one way into a place to try to harvest my deer. If I am successful I will need to pack the animal back out by myself, and this may be an all-day sucker. If this animal is large enough, I am probably going to have to quarter it and hump it out. If this is the case, do I take the head and antlers out with the tag on them, then make successive trips back in, or how do people normally do this? I don’t want to take the head out and put it in the back of my truck, risking someone might take it, and then bring another load out and find I have no evidence. Do you have a suggested protocol I should follow? Thanks. (Rick L.)

Answer: Most hunters in your situation like to bring a small saw to cut the antlers and skull cap from the head as you are not required to keep the whole head of a deer you legally harvest. The law requires that upon taking a deer, you must immediately fill out the tag completely and attach it to the antlers (or ear if an antlerless hunt) and then keep it for 15 days after the close of the season. In your case, the antlers and skull cap could be placed in your locked car in a box or plastic bag until all your meat is hauled out. Depending upon the type of terrain and the size of the deer, many hunters either take out quarters of their deer, or elect to bone it out in the field.

You might also consider using a game-carrier with wheels so that you can keep your game with you at all times while packing it out. Any wildlife officer that contacts you during this process will likely want to check your tagged antlers, but wildlife officers understand that it isn’t always possible to carry the whole deer to your car in one trip.


Ocean salmon loophole?
Question: There has been a lot of discrepancy recently due to a bit of a loophole in the ocean salmon regulations. I have been given different answers by a number of people and would like to have it clarified. I live in Santa Cruz, and in the past few weeks there have been a lot of incidental salmon catches in shallow water while targeting rockfish or lingcod. Because it is entirely incidental catch, I don’t see a problem keeping it even though it was caught on a barbed hook. As long as it was of legal size and landed with a net, it should be ok. Of course, if you choose to keep it you would have to switch to salmon-legal gear, but until you did keep one, you can’t prevent one from slamming an iron as you’re reeling up. So basically, if I am targeting rockfish using the appropriate gear, and I catch a salmon while doing so, could I land it using the required net, and if it was 24 inches, keep it and then resume fishing with salmon legal gear? (Azure C., Santa Cruz)

Answer: You are incorrect about a loophole. It is unlawful to take salmon (north of Point Conception) with a barbed hook, period. No more than two single-point, single-shank barbless hooks shall be used and no more than one rod per angler when fishing for salmon or fishing from a boat with salmon on board. If an angler hooks a salmon while fishing for rockfish using barbed hooks, the fish must be immediately released.


Auto hook setter legal?
Question: I do a lot of fishing in lakes and the Delta. Can an auto hook-setter be used on local lakes and rivers? Please help! (Anonymous)

Answer: Yes.

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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.

Casting with a Potato Gun-Style Launcher

(CDFW photo by Sabrina Bell)

(CDFW photo by Sabrina Bell)

Question: Is it legal to use the “Sandblaster Baitcaster” in California? This device is supposed to be great for surf fishing from the beach. It uses compressed air to cast your bait up to 300 yards from shore. See it at their website, www.bunkerupfishin.com/. (Victor H.)

Answer: This line launching device is really just another form of the old “potato guns” that were popular for a while until they were outlawed in public areas. According to California Department of Fish and Wildlife (CDFW) Lt. Dennis McKiver, potato guns are legal under federal law. Under state law, potato guns that use combustion (instead of compressed air) to launch the projectile are “firearms,” and one with a bore of over 0.5 inches is a destructive device.

Pneumatic potato guns like this one use compressed air and are legal as long as they are not used like a weapon (e.g. shot at a person, etc.), so this line launching device would be legal under state and federal laws. However, you should check for local city and county ordinances because some local governments prohibit use of any devices that propel projectiles, and if you intend to use this line launching device on any state beach, you may also want to consult State Parks.

As far as using it to cast a fishing line, nothing in the Fish and Game Code or its implementing regulations prohibit using this compressed air launcher as long as the fishing line is attached to a rod and reel, or a person is brave enough to hold the other end of line in their hands!


What to do when catching invasive fish species?
Question: What should we do when we catch invasive fish in local lakes? Specifically, Balboa Lake in the San Fernando Valley remains warm enough in winter to support some tropical fish. Certain aquarium fishes breed as well as survive in these waters. The problem now are Plecostomus (commonly found in home fish tanks to eat the algae) that have taken over the lake and the Los Angeles River.

A couple of us have caught over 200 since February in one little cove while fishing for carp. We were told by park personnel to kill them (seemed reasonable) but I wanted to make sure they are inedible so that we won’t get into trouble for wasting fish. Please advise. Thanks. (Bill S.)

Answer: From a biological standpoint, CDFW would like to see these invasive fish disposed of (killed) rather then placed back in the system. The law prohibits the waste of any fish taken in waters of the state (California Code of Regulations Title 14, section 1.87). This regulation is intended to encourage people to eat any fish they kill, and to avoid needlessly killing fish. But, any lawful use of fish that are legal for sale by an aquarium or pet store would satisfy the requirements of this regulation, including their use as fertilizer for your garden.

Here’s something that might surprise you … Plecostomus are consumed by humans in some of their native Central and South American waters. Jackson Landers, author of “Eating Aliens: One Man’s Adventures Hunting Invasive Animal Species” includes a recipe for Plecostomus in this book.


Scuba diving for Dungeness crabs?
Question: In a recent column you said that you could not take Dungeness crabs on SCUBA. Did I read that correctly or were you referring to seasons? (Duanne S.)

Answer: I saidwhen Dungeness crab season is open, they may be taken by hand via SCUBA but divers may not possess any hooked device while diving or attempting to dive for them (CCR Title 14, section 29.80(g)).


Sale of pig mount … Is it legal?
Question: My brother harvested a pig about 20 years ago on a private ranch in California and had the head mounted. He wants to sell the mount, but doesn’t want to break the law and can’t get a definitive answer from anyone. Could you help? Thank you as always for your help! (Dave)

Answer: Your brother can give it away but cannot sell or trade it to anyone. With a few exceptions (that don’t apply to your brother), the law prohibits the sale or purchase of any part of a bird or mammal found in the wild in California. (Fish and Game Code, section 3039)


Is there a limit on sand crabs?
Question: Is it legal to catch sand crabs with a fishing license, and if legal, what is the limit? Can sand crabs be taken on all beaches of the state? (Gina N.)

Answer: Yes, it is legal to catch sand crabs with a fishing license statewide wherever fishing is authorized. The limit is 50 crabs per day and in possession (CCR Title 14, section 29.85(d)).

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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.

When Wild Turkeys Attack

Turkey strut (Photo by Carrie Wilson)

Turkey strut (Photo by Carrie Wilson)

Question: I have lived in a rural area of Woodside for more than 20 years. Although many different species of wild animals wander through our area searching for food, we have never seen wild turkeys. Never until one day about three years ago when two juvenile turkeys and a male pheasant wandered into our neighborhood scavenging for food.

Well, our neighbors began feeding them, and now there are at least two pairs of wild turkeys and 15 chicks between them. I suspect there are more but these were just on our patio last week. And these turkeys can be mean! Recently, one of our neighbors was putting his garbage can out and was attacked by some large male turkeys! He fell down and broke his wrist trying to get away from them.

What can we do to rid our neighborhood of these pests? Can these turkeys be moved to another area? (Floyd B., Woodside)

Answer: Turkeys are now a part of many suburban neighborhoods in California. During the spring breeding season male turkeys can become aggressive, but this breeding behavior should pass.

Most of the complaints the California Department of Fish and Wildlife (CDFW) receives regarding turkeys can be traced to someone feeding the birds. The single most important thing people can do to get rid of nuisance wildlife is to remove ALL potential food sources. If possible, discuss the matter with the neighbors who are feeding the birds, too.

Turkeys are habitat generalists and food opportunists, meaning they can thrive in a wide variety of conditions and can eat many types of foods. Adequate food is available to them naturally and so they do not need to be fed. As with many wild animals, people feed them because they like watching them, but this practice puts them at risk. To help persuade the turkeys to move on, you and your neighbors should remove any cat food, dog food and especially spilled birdseed that might be in the area.

CDFW has used turkey relocation as a tool in the past but found the effectiveness limited. It’s very unlikely that all the turkeys in the area will be successfully trapped as turkeys are quite wary, and often there are plenty of other wild turkeys living in close proximity that will move in to fill any void. Once turkeys are trapped, they must be moved to a new location where they may end up just becoming a problem for someone else. These programs also require substantial resources and money for CDFW to maintain.

Generally, CDFW does not move nuisance wildlife for these reasons. As a last resort, you can get a depredation permit for the lethal removal of the birds, though methods may be limited in suburban areas where discharging firearms is prohibited. Many people don’t want to go this route anyway, and so the most important thing to remember when coexisting with turkeys is to not feed them.

For more information, please refer to previous California Outdoors Q&A columns that pertain to and explain the issues surrounding feeding wildlife (http://californiaoutdoorsqas.com/?s=feeding+wildlife) or to CDFW’s Keep Me Wild campaign (https://www.dfg.ca.gov/keepmewild/turkey.html).


Crab season and whale migration do NOT mix
Question: Is there any way to END crab season for the year due to the early migration of the whales? Recently, there were two whales stuck in crab netting in/near Monterey Bay and it seems absolutely asinine to continue crabbing under these conditions. Whales are a protected species, not humans. We can find something else to eat and the crabs can have an early respite from our carnivorous habits. Can’t something be done to end the crab season earlier? (Deb D., Soquel)

Answer: According to CDFW Senior Environmental Scientist Pete Kalvass, who is one of the Dungeness crab fishery managers, “We appreciate your concern regarding marine mammal interactions with crab gear. The federal government via NOAA is responsible for protecting marine mammals, including whales, and we work with them in trying to minimize these types of interactions with our state managed crab fisheries.

Unfortunately, there is presently no way to guarantee zero interactions short of eliminating these fisheries. As it is, when you consider that there are approximately 150,000 commercial Dungeness crab pots set during the height of the fishery in November and December each season, entanglements are indeed quite rare. Closing a fishery prematurely as you suggest is not a simple proposition and would either take legislation or an extraordinary finding of harm to the mammals, and public hearings, before our Director could act.”

For further information, I suggest you contact one of the NOAA offices or check their website at http://www.westcoast.fisheries.noaa.gov/.

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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.

Should Anglers Release Lingcod Females?

Lingcod (photo courtesy of Matt Elyash)

Lingcod (photo courtesy of Matt Elyash)

Question: Last year before the end of rockfish season, I went on a charter boat out of Berkeley. Some of the lingcod caught were females with eggs. When do lingcod spawn and can keeping these females hurt the fishery in the future? Should we as anglers release females like we do for striped bass? I’m glad to see the size limit dropped and the season longer, but I don’t want to be back to where we were before. (Jason Green)

Answer: Lingcod and other groundfish are federally managed. Harvest management plans and stock assessments take into account the removal of both males and females when setting quotas, so fishery managers do factor in the take of females, too.

According to the latest assessment, the lingcod stock has fully recovered from their overfished status. Lingcod don’t get the bends (no swim bladder), so females can be released if handled properly.

In northern and central California, the primary reason for the current closed seasons for lingcod in late fall, winter and spring for boat-based anglers is to protect mature females that have moved inshore to spawn, and to protect the mature males that guard the egg nests.

Lingcod are a species that if handled properly can often be successfully caught and released. However, unless regulations prohibit keeping the fish (e.g. bag and minimum size limits) or the angler is releasing all fish, if it turns out the fish has been improperly handled or is bleeding and may not survive, the fish should be kept. Releasing bleeding females that may not survive in order to keep males instead just wastes fish and is not a good conservation method.

Lingcod generally spawn from November through February. Females do take longer to mature and they grow to a larger size than males. By some estimates, males only grow to 24-26 inches. Females are legal to keep, so keeping an egg-laden female would be up to that fisherman’s personal ethics.

Bottom line … female lingcod are legal to take and so it’s up to the fisherman to decide whether or not they want to.


Can kids under 16 fish alone without a license and an adult present?
Question: Can children under the age of 16 fish without a license, and alone without a licensed adult present? (Jennifer P.)

Answer: Yes. Although no license is required, keep in mind that no matter their age, everyone who fishes must know what the fishing regulations are that apply to the type of fishing they are doing, and have the good judgment to abide by them.


Using SCUBA to photograph abalone divers?
Question: I would like to photograph abalone divers diving but I need to use an air tank to obtain the imagery I want. How can I go about this without getting in trouble with a game warden? (Andrew B., Salt Lake City, UT)

Answer: It is legal for you to photograph abalone freedivers while you are using a tank, as long as you observe a couple of regulations.

The use of SCUBA gear or surface-supplied air while taking abalone is prohibited (California Code of Regulations Title 14, section 29.15(e)). Therefore, if you are using a tank while photographing abalone freedivers, you cannot assist them with taking abalone. You also cannot help them pop abalone off the rocks or spot abalone for them, or do anything else that could be construed as giving assistance in taking abalone.

In addition, under this section the possession of abalone is prohibited aboard a vessel that also contains SCUBA gear or surface supplied air. This means you will have to use a separate boat – you cannot board the same boat the abalone freedivers are using while you are using SCUBA gear.


What to do with a full-size Cheetah / Leopard mount?
Question: My uncle recently passed away and left me in charge of his estate. One of the items he left is a full size Cheetah/ Leopard taxidermy. Is it legal for me to sell it? If not what do you recommend that I do with it? (Michael C., Modesto)

Answer: You are allowed to give it away but you are not allowed to sell or trade it (California Penal Code, section 653o). You might want to contact a museum, service club or local school to see if they may have a use for it.


Crabbing overnight at the beach?
Question: I enjoy crabbing and want to go crabbing overnight at the beach. Is this legal? (Ann N.)

Answer: Yes, as long as the beaches don’t have any city, county or beach curfews, it is legal to go crabbing overnight from most beaches. (CCR Title 14, section 29.05(a)).

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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.

How to Identify Hatchery vs Wild Trout

Angler with a wild Klamath River Steelhead that was soon released. (DFG Photo)

Angler with a wild Klamath River Steelhead that was soon released. (CDFW Photo)

Question: How do you tell a hatchery trout from a wild trout in Central Valley rivers? The regulations for the Stanislaus River below Goodwin Dam state you can keep two hatchery trout or hatchery steelhead. Hatchery steelhead have clipped adipose fins. If I catch a trout and it has an adipose fin, do I just assume it’s not a hatchery trout? (Judi A.)

Answer: Hatchery trout or hatchery steelhead are those showing a healed adipose fin clip (adipose fin is absent). Unless otherwise provided, all other trout and steelhead must be immediately released. Wild trout or steelhead are those not showing a healed adipose fin clip (adipose fin is present) (California Code of Regulations Title 14, section 7.50).


Squirrels for crabs
Question: Can legally taken California ground squirrels (a non-game mammal) be used for bait in Dungeness crab traps? (Bret H.)

Answer: Yes, ground squirrels can be used as bait, but remember they are also vectors of a number of flea borne diseases, so use caution when handling them.


Hunting around my house
Question: I live in a rural area. Can I legally hunt within 150 yards of my own residence? Can I hunt within 150 yards of anyone else’s if I have their written permission? (Jess K.)

Answer: Yes. These are safety zone restrictions but as long as there are no other local laws or ordinances that prohibit hunting or the discharge of a firearm, then you can hunt within 150 yards of your own residence or any other residence where you have obtained express permission of the owner or person in possession of the premises (FGC section 3004(a). (LED Feb 14)


Catch and release fishing during a closed season
Question: In the freshwater regulation hand book under Section 1.38 it states: “CLOSED SEASON. That period during which the taking of fish, amphibians, reptiles, mollusks or crustaceans is prohibited.” This leads to my question regarding whether a person can still fish during a closed season as long they release all the fish they catch? In other words, I would practice catch and release and use barbless hooks to protect the fish from further harm. The regulation restricts the taking of fish, but no fish will be taken. I am very confused. Can you help clarify? It’s kind of twisted and confusing. (Robin O.)

Answer: Fishing during a closed season is prohibited, period. Even though you don’t intend to take any fish away with you, the definition of take is to “Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempting to do so” (CCR Title 14, section 1.80). Therefore, despite your best methods, even the attempt to fish is prohibited.

There are few exceptions, but the take of crayfish other than with hook and line is authorized when a stream is otherwise closed to fishing (CCR Title 14, section 5.35(e)). Typically, 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 2014-2015 California Freshwater Fishing Regulations booklet (see page 21), as well as online at http://www.dfg.ca.gov/regulations/. Look for subsection (d) of this section for the closed waters to avoid.


Taking crabs by SCUBA
Question: I am heading to the beach this weekend, I bought a fishing license and I am planning to do some SCUBA diving. Can I take a big bag with me and collect up to 35 rock crabs from the ocean using SCUBA? (Jimmy P.)

Answer: Yes. Take of all crabs of the Cancer genus, except Dungeness crabs, but including yellow crabs, rock crabs, red crabs and slender crabs is allowed all year. While using SCUBA, crabs may be taken by hand only with no hooked devices in possession (CCR Title 114, section 29.80(g)).

The limit is 35 and the minimum size is four inches measured by the shortest distance through the body, from edge of shell to edge of shell at the widest part, except there is no minimum size in Fish and Game districts 8 and 9 (around Humboldt Bay). They may be brought to the surface of the water for measuring, but no undersize crabs may be placed in any type of receiver, kept on the person or retained in any person’s possession or under his direct control; all crabs must be measured immediately and any undersize crabs must be released immediately into the water (CCR Title 14, section 29.85 (b)(c)).

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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

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.