Tag Archives: Diving

Beginning Bowfishing

        Bowfishing requires no special reels or gear – just a sport fishing license!         (Photo provided courtesy of Indianhead Ranch)

Question: I have been trying to get into the sport of bowfishing but two issues have my parents and I a little puzzled. My dad heard that if you are going to bowfish, you need some kind of special reel on the bow (don’t know whether it was an open face reel or a crank reel). We are also unsure what license I should use. Do we need a hunting or a fishing license to bowfish? (Nicholas M.)

Answer: You will need sport fishing licenses since you will be taking fish and not game. No special reels or gear are required for bowfishing but you must have the arrow shaft or the point, or both, attached by a line to the bow or to a fishing reel (includes crossbow) (California Code of Regulations, section 1.23).

Be sure to check with the governing law enforcement agency for the area where you intend to fish because not all areas of the state (including various federal, state and local parks) are open to bowfishing. Some areas prohibit using this type of fishing gear because they consider it possibly a “deadly weapon.” This has been the case primarily in incorporated city areas. If fishing in freshwater, please read section 2.25 in the Freshwater Sport Fishing Regulations for the list of permitted species and any special water restrictions (CCR Title 14, section 2.25).


Depredation hunting for squirrels?
Question: My uncle has a ranch up in northeastern California and his property has become overrun with ground squirrels. He’s worried about his calves stepping in the holes and breaking their legs. Do we need hunting licenses to help him get rid of these varmints? How can we legally help my uncle control his ground squirrel invasion problem and not get in trouble with a game warden? (Anonymous)

Answer: When taking nongame mammals (like these ground squirrels) for depredation purposes, the landowner must be able to prove damage by the nongame mammal prior to the take. Damage must be proven in order to fall under the parameters of “take” without a license. In addition, the no license requirement only applies to the landowner and their agent. The person “taking” under depredation must show proof in writing they are acting as an agent for the landowner for depredation purposes and they must carry this proof while doing so.

Shooting certain nongame mammals not causing damage may still be allowed by licensed hunters, but all hunters must have written permission of the landowner to hunt on private property.

As always, remember that safe gun handling practices must always be practiced when using a firearm and other laws may apply.


Range finding scopes on compound and crossbows?
Question: There are scopes with range-finding capabilities for compound and crossbows available on the market. Is it legal to have one of these scopes mounted on a bow or crossbow in areas where I am legally allowed to hunt in California? (Tim)

Answer: Scopes with laser rangefinders are not prohibited. Just be sure the device does not project any visible light or electronically intensify light for the purpose of either visibly enhancing an animal or providing a visible point of aim on an animal (CCR Title 14, section 353(i)). These devices may be used only for the take of nongame and furbearing mammals as provided in the Mammal Hunting Regulations (CCR Title 14, section 264.5).


How many rounds of ammo are allowed for an AR-type gun?
Question: When reading DFG regulations, I find a shotgun is limited to three rounds of ammo, but I cannot find anywhere how many rounds of ammo a rifle or AR is limited to. I’d like to know as I want no trouble when I go squirrel hunting with my AR-type gun. (Robert K.)

Answer:  There are no restrictions on the number of rounds a rifle can hold while hunting. According to DFG Lt. Todd Tognazzini, rifles sold in California for the past several years are restricted to a 10-round capacity. This is due to other firearms laws created under the assault weapon ban. However, rifles owned prior to the capacity ban can still be used for hunting as long as ammunition is legal for the area being hunted.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.


Why Shot Shell Limits in Refuges and Wildlife Areas?

Northern California Patrol Chief Mike Carion enjoying a beautiful day of hunting on a Sacramento Valley refuge (DFG photo)

Question: During the four duck limit era, the 25 shot shell limit in refuges and wildlife areas made sense. However, now that the limit is seven ducks, and in some cases the goose count can be six, why aren’t we allowed to carry more shells into the field? Inevitably, that limitation leads to one of us doing the “walk of shame” back to the truck to retrieve another 25 shells for a full day of hunting in a blind. That is not the most fun task given some of the walks at refuges like Little Dry Creek can be more than a mile in one direction. (Russ L.)

Answer: This is a rule that applies to many National Wildlife Refuges (NWR) and Wildlife Areas (WA) in the state. It was put into place to increase effective shooting by waterfowl hunters on public hunting areas, thus ensuring a more enjoyable hunting experience for all hunters on the area. By limiting the amount of ammo a hunter can carry into the field, the goal is to reduce possible unsportsmanlike behavior (e.g. excessive and/or less discriminating shooting) which will improve the hunting experience.

According to Department of Fish and Game (DFG) Waterfowl Biologist Shaun Oldenburger, Los Banos WA established the first shotgun waterfowl shell restrictions in 1977 with a limit of 50 shells per day. In 1978, this regulation was expanded to Kern NWR (25 shells) and in 1979 expanded to nearly all San Joaquin Valley NWRs and WAs (25 shells). Grizzly Island was included in 1980. By 1985, shell restrictions expanded to all Sacramento and San Joaquin Valley NWRs and WAs, and in 1986 San Jacinto was included.

In 1979, when the 25 shotgun shell restrictions were first established in the San Joaquin Valley, the waterfowl season length was 93 days with a seven bird bag. By 1988, waterfowl populations had declined and so the season was reduced to 59 days and four duck bag limits. Still, the primary purpose of the 25 shotgun shell restrictions is to increase both the hunting experience and improve overall shot selection by waterfowl hunters. Daily bag limits will not dictate these restrictions, since removing them may increase the unsportsmanlike behaviors that caused their introduction to begin with.

Fortunately, waterfowl populations in California are currently healthy and so a more liberal bag limit is now in place. Hopefully, with this combination of healthy waterfowl populations and the 25 shotgun shell restrictions in place within the NWRs and WAs throughout the state, hunters are enjoying their hunting experiences now and will continue to do so well into the future!


Scuba to catch Dungeness crabs?
Question: Is it legal to use SCUBA equipment to catch Dungeness crabs? (David B.)

Answer: SCUBA divers may take Dungeness crab using only their hands. No hooked device may be possessed while taking Dungeness crab while diving (California Code of Regulations, section 29.80(g)).


Archery hunting within the city limits?
Question: I hunt using archery and am wondering if it is legal to hunt within city limits, with permission, on a golf course for excess turkey and deer. If so, could you please send me a permission to hunt form that I could use to ask private property owners to sign? (Rev. Mark H.)

Answer: As long as the season is open and you have permission from the property owner, Fish and Game law does not prohibit you from hunting within city limits or on golf courses. According to DFG retired captain Phil Nelms though, many local jurisdictions have enacted ordinances in the interest of public safety that may restrict your ability to hunt in these public areas. Please check with the City Police or County Sheriff to see what, if any, such ordinances may exist in your area. Keep in mind too that any type of firearm or other deadly weapon (archery) may not be discharged within 150 yards of an occupied dwelling (Fish and Game Code, section 3004).

Permission to hunt on private property must consist of a one-on-one agreement between the property owner and the hunter. A sample signatory form can be found on DFG’s website at www.dfg.ca.gov/licensing/pdffiles/FG994.pdf.


Where to find fishing regulations?
Question: I don’t live near any DFG offices and would like to know how I can obtain a copy of the Ocean Sport Fishing Regulations booklet. (Rob B.)

Answer: Regulations are available online at www.dfg.ca.gov/marine/sportfishing_regs2011.asp and from DFG license offices and businesses that sell fishing licenses. To find a distributor in your area, go to www.ca.wildlifelicense.com/InternetSales/OutletSearch/FindOutlet and enter just your city and zip code. You will then be provided with a list of locations in your area that distribute regulation booklets.

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 Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.


Noise Suppressors for Target Shooting or Hunting?

Whether hunting or target shooting, noise suppressors are not legal to use or even possess (Photo: National Shooting Sports Foundation)

Question:Is it legal to use noise suppressors (mistakenly called silencers) on rifles and handguns? I know that porting, venting, flash collars and muzzle brakes are OK to use at target ranges and while legally hunting in California. Can a noise suppressor that is attached to the front end of the barrel, or that slides over the front end of the barrel, be lawfully used at a target range or while legally hunting anywhere in California? (Tony N., Sr.)

Answer: No, stay completely away from silencers. It is a felony for any person, firm or corporation within the state to possess a silencer (California Penal Code, section 12520). Upon conviction, punishment includes imprisonment in the state prison or a fine not to exceed $10,000, or both. A silencer is defined as “… any device or attachment of any kind designed, used or intended for use in silencing, diminishing or muffling the report of a firearm.” This definition and law also applies to any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer (California Penal Code, section 12500).


Beer on a boat?
Question: Why do most, if not all, boats for hire ban taking beer or liquor aboard? I have worked as a deckhand and fully understand the safety concerns, as well as what large amounts of space coolers full of beer for up to 70 people on a half-day trip might take up. What I am wondering though is whether there are any U.S. Coast Guard or Department of Fish and Game (DFG) laws against it that I can quote for people who ask. Many of the anglers I’ve spoken with over the years get angry because they think the boat is just trying to make a buck. (Rob M.)

Answer: There is no Fish and Game law prohibiting alcohol aboard a boat. However, there is a Harbors and Navigation Code law (section 655) that prohibits a person from operating a vessel while intoxicated, similar to the prohibitions for operating a motor vehicle while intoxicated.


Lead in possession on a duck hunting refuge?
Question: Some say if you are duck hunting on a refuge and you have some lead quail loads in the truck (because you’re going quail hunting on the way home in the afternoon), a game warden could ticket you for having lead shot in possession. Other friends say that as long as the lead shot is secured in the truck and not in your actual possession while hunting, then you’re not in violation. It seems to me this situation would be like the 25 shell limit in the field. As far as I know you can have additional shells in your truck as long as you only have 25 or less in your possession while hunting. If you run out then you can return to the truck for more. Who’s right? (Eric M.)

Answer: You are. As long as the lead stays in your truck, you should have no problem.


What to do when an abalone’s shell breaks?
Question: Earlier this season I was diving a low tide looking for big abs. I happened to find a nine-incher. He was really clamped down and a lot stronger than the clickers I’m used to. In the process of popping him off, the shell broke into pieces. Since I did not know the legality of keeping an ab with a broken shell, I had to leave it there. It haunts me every day. Did I do the right thing? (Jesse L.)

Answer: First of all (as you probably now know), before trying to pop any abalone off their substrate, be sure to first insert the abalone iron correctly under the animal to be sure you have the appropriate leverage to pop the animal off without injuring it. If the animal is clamped down too tightly to where you can’t get the ab iron under the animal correctly without harming the animal, then you should leave it alone and come back later once the animal has relaxed and you can remove it properly. A better idea would be to pursue another abalone that is not locked down to the rocks.

Regarding your situation, you did the right thing as the law requires that abalone are in a whole condition and attached to the shell.  It is impossible to measure an abalone with a fractured shell and often the abalone is no longer attached to the shell once you fracture it.  Next time try to leave a clamped down abalone alone and choose another that may be more easily harvested.

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 Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.