Tag Archives: crustaceans

Diving and Spearfishing without a Fishing License

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Question: I live within 500 yards of the point of entry where I go spearfishing. Does that mean that, according to section 7145, I can just keep my fishing license and lobster report cards at home since they’re within the 500-yard limit? I’m about 200 yards or so from the reef where I dive. (Raf C.)

Answer: Lucky you! When fishing and/or taking lobster, you are required to have your license and spiny lobster report card on your person or in your immediate possession. If diving from a boat, they may be kept in the boat, or if diving from shore, they may be kept within 500 yards of the shore (Fish and Game Code, section 7145(a)). In your case, if your license and report card are located 200 yards from shore (where you enter the water), then you’re OK. Don’t forget that prior to your dive you need to record the month, day, location and gear code on the report card. And when you return, you will have to fill in the number of lobster you kept from that location.

Hunting blinds on public property
Question: I am a hunter myself and while walking on a closed road recently, I noticed someone had built a hunting blind about 25-30 yards off the road with tarps, boards and sticks from the surrounding woods. Can a person legally build a hunting blind in the woods on public hunting grounds and then continue to fix it up to use each year? And if that blind is vacant and not being used, can the person who built the blind claim it as his own or is it first come first serve? (Anonymous)

Answer: It is not legal for someone to build a structure and then leave it on public land. That could be considered littering as well as destruction of public property if public resources are damaged in the process. Thus, your follow up question about whether the blind builder can claim ownership is a moot point.

Abalone diving with homemade snorkel
Question: I made my own snorkel using a flexible hose that is about five feet long. No air supplying motor or any device is attached to it. It’s just a long flexible hose with a check valve in it. If I use it while abalone diving, would I be in violation of any regulations? I am aware of the regulation prohibiting the use of SCUBA gear or surface-supplied air. (Chris L.)

Answer: Although this would be legal, using this type of snorkel would be very dangerous because you must be able to displace used air in your snorkel. You could be seriously harmed from breathing from a long snorkel because the air volume in the snorkel makes it difficult to displace exhaled air. Rebreathing used air can cause death or great bodily harm to a diver. This is why you do not see longer snorkels sold by dive shops.

Fishing in isolated ponds
Question: As our creeks dry up, ponds are formed, with some of them at the road culverts. Is it legal to fish these ponds with a pole, by hand or a dip net? (Jeanne G., Portola)

Answer: In intermittent streams like you describe, what appear to be ponds are actually isolated pools. Although not apparent during the dry season, water may still be flowing, out of sight, under the streambed surface. This is often called “intragravel flow.” Because a creek is still a stream and not actually a pond or lake, the same regulations for the stream will still apply. Fish can only be taken from these waters under the regulations currently applicable for that stream, including seasons, limits, methods of take, etc. To view the current sport fishing regulations for inland waters, please go to http://www.wildlife.ca.gov/Regulations or pick up a copy of the booklet wherever fishing licenses are sold.

Selling deer hides
Question: I’m a hide tanner and recently asked a butcher about getting deer hides from him. He was worried about giving them to me because he seemed to think that I would need to have a deer tag for every deer hide. Can you tell me what the legalities are concerning deer hides? I would like to make use of the hides that are being thrown away. Also, do you know of any deer hide sources for me? (David C.)

Answer: It is legal to buy and sell (or gift) lawfully taken deer hides (FGC, section 4303). The person receiving the hides is not required to have a hunting license or tag. However, it’s a good idea for both parties involved to keep records of the transactions to protect against false accusations that the hides were acquired illegally.

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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.

Is Boat Captain Responsible for Illegal Acts of Passengers?

Private boatQuestion: A friend of mine took some of his friends’ parents on his boat to go rock picking for abalone. Unknown to my friend, some of the parents picked extra abs and chose the biggest three of the lot to keep. It was clearly illegal and they were cited when they got back to the docks.

Since my friend was just transporting people out to the spot where they could find abalone, was he responsible for what they did once they got off his boat after rock picking? He doesn’t want his boat blacklisted. (Craig)

Answer: Typically, someone in your friend’s situation would not be cited for the violations of the passengers, especially if there is no question of who possessed the abalone. However, if the passengers claimed the abalone were not theirs, or if there were overlimits on board, an officer could cite everyone on the boat for jointly possessing the abalone. In this case, each person who violated the law was responsible for their specific violation. As far as the boat being “blacklisted,” the warden who made the case may pay special attention to this boat in the future because of the actions that took place in the past.

The best advice for your friend is to be educated on the fishing laws that pertain to the activity his passengers are engaging in, and to share this knowledge with the people on his boat.

What’s my recourse for wasted game citation?
Question: Yesterday I was cited for wasted game. My son and I were hunting Eurasian dove at a local feed lot in Southern California. I was approached by the wardens who did all of the normal checks, told us they were watching us from afar, then asked us if we had dropped any birds we didn’t retrieve. I said yes, one in a stagnant pond and one in amongst a herd of cows, which I tried to retrieve but the bird was wounded and flopped away into another pen. He asked why I didn’t retrieve it and I told him I’m broke (bad knees) and couldn’t get through the nasty stuff in the pens. I then sent my son in to push his way through the cows and he retrieved the bird for me in front of the warden. The warden checked to see that it was a Euro, which it was, I put it in my game bag and he still cited me for it. What if any recourse do I have when I go to court? (Jim R., Lake Elsinore)

Answer: Just tell the judge your story. However, since you shot these birds without making sure you were doing so in a location where you could retrieve them, and because your intention had been to let them lay where they landed because they were too difficult to go after, you did intend to leave them where they ended up … that’s “wanton waste” or “wasted game.”

Using a pressure washer to dig up clams?
Question: Can I use a pressure washer to dig geoduck and/or gaper clams? (Vuong M.)

Answer: No. Clams may be taken only on hook and line or with the hands. The only special provisions allowed are for the use of spades, shovels, hoes, rakes or other appliances operated by hand, except spears or gaff hooks (CCR Title 14, sections 29.10(a) and 29.20(c)). Pressure washers are not a legal method of take for mollusks.

Capture and keep rattlesnakes as pets?
Question: Is it legal to capture and keep rattlesnakes as a pet? I know it’s not smart, but is it legal? (Phil C.)

Answer: Yes, except for the red diamond rattlesnake where no take is allowed – so be sure you can identify your snakes! Before collecting anything, you should first check with your local animal control agency and police or sheriff regarding whether any local ordinances apply in your area. Under state law, all pit vipers (except for the five other California native rattlesnakes listed in California Code of Regulations Title 14, section 671(c)(7)(E)) are restricted species that may not be possessed without a permit. Keeping live, native rattlesnakes (except for the red diamond) is not prohibited by Fish and Game laws. No license is required to take or kill other rattlesnakes in California, but the daily bag and possession limit is two. The take of other species of reptiles and amphibians for pets requires possession of a sport fishing license. The daily bag and possession limits are provided in CCR Title 14, sections 5.05 and 5.60. And if you live with the city limits, you might want to check your city ordinances to determine whether possession of a venomous reptile is allowed.

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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.

Bass Fishing Beyond Limits?

Bass anglers competing in a CDFW-permitted fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Bass anglers competing in a CDFW-permitted bass fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Question: I was reading one of your responses to a trout fisherman’s question regarding continuing to fish and practice catch and release after he had five trout on his stringer. The short answer was no, because “…catch-and-release fishing is not legal unless you’re still under your maximum bag limit.” I’m a bass fisherman and if that’s the case, it would seem to conflict with me culling fish once a limit is reached in a tournament. Are we violating the law? (Jim V.)

Answer: You are correct that is most cases once an angler reaches their bag limit they cannot continue fishing. However, a special provision has been made for California Department of Fish and Wildlife (CDFW)-permitted and approved bass fishing tournaments to allow black bass anglers only during the tournament to keep fishing once five fish are in possession (California Code of Regulations Title 14, section 230). They must cull one of these fish immediately upon catching a sixth in order to never be in possession of more than five bass at one time.

Harvesting barnacles attached to floating driftwood?
Question: I read your answer recently about how barnacles cannot be harvested in the intertidal zone. Is there a way of legally obtaining Gooseneck barnacles to eat? When I’m way out in the ocean on a boat, I often see floating logs, driftwood and other debris. If it has been floating for a long time, more often than not I will find there are a large number of Gooseneck barnacles attached to the submerged side. Since they are not being taken from the intertidal zone (1,000 feet of shore), would they be legal to take? (Joe K.)

Answer: Yes, if the barnacles are attached to floating logs or driftwood, it would be legal and the limit would be 35 (CCR Title 15, section 29.05(a)). The only problem now is that for much of the debris off our coast that has been in the water long enough to have large numbers of Gooseneck barnacles, there could be health concerns if the wood originated in Fukashima, Japan, due to the possibility of contact with radioactive materials. You’d want to carefully consider how badly you want to harvest those barnacles!

Hunting with a depredation permit
Question: I have several related questions regarding hunting. If I have a pig depredation permit, can I legally carry a firearm and a bow while hunting deer during the archery season? Does the person who helps me with my pig problem need a hunting license? Lastly, is there an expiration date on a depredation permit? (Bill)

Answer: When deer hunting during an archery season, you may not possess a firearm of any kind.

Regarding the pig depredation permit, if you are listed as one of three allowed designated shooters on the permit, you may remove property-damaging wild pigs under conditions listed on the permit. All depredation permits have an expiration date listed on them. Someone “assisting you” with the depredation permit should also be listed as a designated shooter. No hunting license is required for a person authorized under a depredation permit. The person assisting you has to be at least 21 years old and may not have a conviction of wildlife law in the past 12 months.

Bringing a stuffed polar bear mount into California?
Question: A relative of mine owns a stuffed polar bear which is currently located in Idaho at my uncle’s house. I have another elder relative who would like to take it but is not able to drive that far to pick it up so he asked me to do it. However, I am concerned because I’m not sure about the laws and regulations for this kind of thing for simply picking it up in Idaho and bringing it to California. What are the laws and am I able to do this? (Andrew M.)

Answer: So long as you comply with the declaration requirement in Fish and Game Code, section 2353 and have no intent to import or possess the polar bear for commercial purposes, you are not prohibited from transporting it into California. Importations for commercial purposes, possession with intent to sell, and the sale within California of any part of a polar bear is prohibited (Penal Code, section 653o). In addition, the sale, purchase or possession for sale of any bear or bear part in California is prohibited (Fish and Game Code, section 4758).

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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.

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.

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.