Tag Archives: firearms

Scouting with Scuba for Abalone?

Posted on May 30, 2013 by | Leave a comment
(Photo by Derek Stein for CDFW)

Scuba divers cannot assist a free diver in any way when pursuing abalone (CDFW photo by Derek Stein)

Question: Is there any regulation prohibiting a photographer with scuba gear from also scouting out large abalone for a regulation-compliant abalone diver to take? Thanks in advance, and for all you do. (Dave C.)

Answer: The photographer in scuba cannot assist the free diver in any way. The action you describe falls within the definition of “take” under the Fish and Game Code and its regulations (see Fish and Game Code, section 86 and California Code of Regulations Title 14, section 1.80). Both the abalone diver and the photographer with scuba gear may be cited for violating CCR, Title 14 section 29.15(e), which prohibits the use of scuba gear to take abalone.

Ocean whitefish fillet size limit
Question: I noticed in the new ocean sport fishing regulations that ocean whitefish fillets are required to be a minimum length of 6½ inches long and retain the entire skin intact. However, there is no minimum size limit for the whole fish. Why is there a size limit on fillets but not on the whole fish? (Jim Martinez)

Answer: The reason is because previously in the regulations, the basses (kelp, sand and spotted) all had 12 inch minimum total lengths or 6½ inch minimum fillet lengths, and were required to retain 1-inch patches of skin still attached for identification. Ocean whitefish fillets looked so similar to the bass fillets that they too were required to measure a minimum of 6½ inches with skin attached to avoid confusion with the basses. This year though fishery managers increased the minimum lengths of the basses to 14 inches and the minimum fillet lengths to 7½ inches. Because there was no biological reason to increase fillet lengths on the ocean whitefish, scientists chose to leave their minimum fillet lengths at 6½ inches and to require all skin to be left on so that there still could be no mistaking ocean whitefish fillets with fillets of one of the three bass species.

Hunter Ed question regarding a someone with a felony
Question: My father-in-law is interested in big game hunting. Unfortunately for him, he has a non-violent felony conviction which bars him from possessing a firearm. This will allow him to only hunt via archery methods.

Does he still have to take the standard hunter safety course or is there a special class for archery only? I have a feeling he has to take the standard course even though all the firearms questions will have no bearing on his archery tackle pursuit. If he does take and pass the course, may he still hunt during the general deer season using a crossbow with me?

I pride myself on knowing CDFW law well, but this wrinkle throws me for a loop. He is a great guy who just made a bad choice more than 12 years ago. Now that I married his step-daughter and am such an avid hunter, he wants to get in on the fun, but only as the law allows. (Anonymous)

Answer: He will still have to take Hunter Ed, but he will have to find a class that does not use real firearms or have a live-fire requirement in the class. While signing up for the class or else at the very beginning of the class, your father-in-law should notify the instructor immediately of any firearms restrictions he may have. Then the instructor can determine how best to accommodate him during the class. For a list of available hunter education classes in his area, please go to http://www.dfg.ca.gov/licensing/hunting/.

Hunter Ed isn’t just about firearms. It includes all forms of hunting, hunter safety, conservation, ethics, etc. In most cases convicted felons are not restricted from using archery equipment or air rifles but he should check with his parole officer or the court to make sure the conditions of his case do not preclude using these methods of take for hunting.

Practicing spearfishing in rivers?
Question: I know it is not legal to spear fish in rivers. However, if I want to take my spear to the river to practice my technique with no intention of taking any fish, am I abiding by the law? (Zoe D., Trinidad)

Answer: Spearfishing is permitted in some rivers, such as those in the Colorado River District and the Valley District (as authorized under CCR Title 14, section 2.30) but primarily only for a few species of non-game fish. New this year, spearfishing for stripers is now legal in the Valley District. Even if just practicing your techniques, don’t forget your fishing license! Otherwise, the use and possession of a spear within 100 yards of any canal, river, stream, lake or reservoir is specifically prohibited (CCR Title 14, section 2.09).

#  #  #

Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at Cal.Outdoors@wildlife.ca.gov.

→ Leave a comment

Posted in Abalone, Fines/Penalties/Citations, Fisheries Management, Freshwater Fishing, Methods Of Take, Methods Of Take, Uncategorized

Tagged , , , , , ,

Seized Fish and Game … What Happens To It?

Posted on May 23, 2013 by | Leave a comment
Seized overlimit of crappie (CDFW photo)

CDFW game wardens, working from an anonymous tip, apprehended three poachers fishing in Clear Lake and seized 151 crappie (76 over the limit). The trio plead no contest and paid stiff fines in excess of $7,200 (CDFW photo from 2007).

Question: What do the wardens do with the seized abalone, crab, cod, salmon, etc.? You can’t tell me that it gets thrown away! (Austin)

Answer: When unlawfully taken fish or game is seized, it is kept as evidence until the case is settled or until the judge orders it returned. In most cases though, if at all possible and in good condition, seized fish and game is given to the homeless shelters or soup kitchens that allow donations of wild fish and game. Because of inspection requirements, some facilities may not be able to accept these donations. If a suitable facility cannot be found, the evidence is thrown away or destroyed. In some commercial cases involving commercial size loads, the Fish and Game Code allows for this evidence to be sold and the proceeds may be used by the Department.

Shrimp fishing
Question: I would like to do some shrimp fishing but when I read the regulations, they say shrimp traps can’t have an opening larger than a half-inch in diameter in waters south of Point Conception. This makes it impossible to catch any of decent size. Are there different regs for spot prawns which are quite large and could never fit through this size hole? (Jesse Link)

Answer: Your reading of the regulations is correct on the size of the trap opening, and you are also right about the opening size making it impossible to catch large spot prawn. According to California Department of Fish and Wildlife (CDFW) senior marine invertebrate specialist Kristine Barsky, when that regulation was developed, there was no interest in catching spot prawn recreationally. The reason was because they are found so deep (80 to 100 fathoms) and it is time-consuming to raise and lower traps to that depth when the daily bag limit is only 35 shrimp. In more northern states spot prawns are found in shallower water, but off Southern California they stay deep. The opening was kept small to prevent take of short lobster in this area.

As always, you are free to develop suggestions for regulation changes that you may present to the Fish and Game Commission. For more information regarding this process, contact the California Fish and Game Commission at fgc@fgc.ca.gov or visit their website at www.fgc.ca.gov.

Fishing during 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.”

Can a person 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?. (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 under 5.35 (e) when a stream is otherwise closed to fishing.

Max rounds in hunting rifle?
Question: What is the maximum number of rounds you can have in your hunting rifle? I have heard it is five rounds but other people have said the California limit is 10 rounds. What’s the correct answer? (Nick Holly)

Answer: Most rifles hold three to five rounds, but the California penal code allows for up to 10 rounds. There are no California Fish and Game Code sections that address limits on the number of rounds a rifle may hold. Remember the Penal Code prohibits the purchase or sale of any centerfire rifle or magazine that holds more than ten rounds. There are many rifles out there that were purchased long before these laws went into effect that are perfectly legal. Many people own .22 caliber rifles with tube magazine and high capacities. These are not outlawed and can be used for hunting small game.  Many people have carbines and other rifles bought long ago and they too are still legal even with a 30 round magazine.

#  #  #

Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at Cal.Outdoors@wildlife.ca.gov.

→ Leave a comment

Posted in Bag Limits/ Possession, Firearms/Ammunition, Invertebrates, Uncategorized

Tagged , , , , , , ,

Turkey Hunting with Extra Ammo

Posted on March 28, 2013 by | Leave a comment
The author with a spring turkey (Carrie Wilson photo)

When hunting spring turkeys, hunters may carry only shotgun shells with loose #2 size shot or smaller (Carrie Wilson photo)

Question: I wonder if you can settle a bet for me and my friends. They told me when hunting for turkeys, it is illegal to also carry shotgun slug ammunition. I disagree because what if someone wants to carry slugs in case they get the chance that a pig might run by. Please set us straight. (Rob, Paso Robles).

Answer: Sorry, your friends are correct! Only shotgun shells with loose #2 size shot or smaller may be in your possession while hunting for turkeys (California Code of Regulations Title 14, section 311(b)). So, if you are hunting turkeys, you cannot carry a slug because it’s not shot loose in the shell. If you are hunting wild pigs with a shotgun using slugs in the California condor range, the slugs must not contain more than 1 percent lead by weight.

Carp by spear gun?
Question: When I was a kid, we used to hunt carp with a spear gun. We’d jump into the creek and get carp up to 21 pounds. It was a lot of fun for a bunch of skinny kids with the fish pulling us all over the pool! Can you please clarify the regulations and let me know if, where, when or even if it is still doable? (Damian L., Modesto)

Answer: It is only legal to spearfish carp in the Colorado River District, parts of the Valley District, parts of the Kern River and in those areas listed in CCR Title 14, section 2.30. It is only legal to spearfish carp in the areas listed in this section.

Carrying a sidearm
Question: I am new to hunting and have a question. I understand that in order to hunt with a handgun, the barrel length needs to be four inches or longer. However, I have a Ruger Super Redhawk Alaskan 454 Casull 2.5 inch barrel. I do not plan to hunt with it, of course, but would like to know if I can carry it as a back up. I do not want to purchase another gun if I already have one. Please help me with my question. (Daniel K., Los Banos)

Answer: Regulations do not restrict you from carrying a sidearm while hunting except when hunting during an “Archery Only Season” for that species or while hunting under the authority of an “Archery Only Tag” during the “General Season” for that species.

And, the four inch barrel length for handguns only applies when hunting for elk and bighorn sheep. Pistols and revolvers with any barrel length using centerfire cartridges with softnose or expanding projectiles may be used to take deer, bear and wild pigs. In the California Condor Zone, all ammunition in your possession must be certified non-lead.

See sections 311, 353, 354, 465, & 475 in the 2012-2013 Mammal Hunting Regulations for specific methods authorized for taking birds and mammals.  These regulations are available online at www.dfg.ca.gov/regulations/.

Transporting baitfishes
Question: I have a question regarding transporting finfish. Is it legal to catch anchovies and shiners by throw net and then transport them to the fishing location? I would like to do this in San Francisco Bay but would not take Bay fish to other waters (or take ocean baitfish into Bay waters.) If it’s all within the Bay, does that still indicate “transporting?” If so, is there a distance limit? For example, can I net baitfish near a marina with parked boats and take them 50 to 100 yards to a legal fishing site? California Department of Fish and Wildlife (CDFW) regs refer only to restrictions on freshwater species but do not refer to saltwater and San Francisco Bay fish. We all just want to play by the rules, so can someone please clarify for us? Thank you. (Gino P., Cotati)

Answer: It is legal to use a Hawaiian-type throw net in the ocean north of Pt. Conception (including San Francisco Bay) to take some species, including anchovies and shiner surfperch. For a complete list of species that may be taken with this gear, please see section 28.80 in the Ocean Sport Fishing regulations.  There is no minimum distance provided in the regulations, and bait fish taken inside San Francisco Bay may be used inside the Bay.

#  #  #

Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at Cal.Outdoors@wildlife.ca.gov.

→ Leave a comment

Posted in Bait, Big Game, Firearms/Ammunition, Fish and Game Code, Freshwater Fishing, Hunting, Methods Of Take, Spear Fishing, Title 14, Turkey, Uncategorized, Upland Game

Tagged , , , , , , , ,