Tag Archives: fishing tackle

Drifting for Ducks

(Photo courtesy of David A. Jones, Ducks Unlimited)

(Photo courtesy of David A. Jones, Ducks Unlimited)

Question: Is it legal to drift down or anchor a boat in a river to hunt for waterfowl? The river is in the “Balance of the State” zone and is surrounded by unincorporated privately owned farmland, with the occasional house or barn visible from the water. I know you cannot discharge a firearm within 150 yards of a dwelling or near a public road, and I know that all motors must be out of the water. Would drifting be considered forward motion? (Anonymous)

Answer: Drifting is not considered “under power.” What you describe would be legal as long as you access the river from a legal access point, and once you’re hunting, your motion is not due to momentum provided by the motor before it was turned off. You must also take into account the retrieval of the birds you take. Should you take a bird that lands on private property that you do not have the authority to access, you run the risk of a hunting trespass for retrieval, or waste of game if you do not retrieve it. Also, you need to remember not to discharge a firearm within 150 yards of an occupied dwelling, and these may be difficult to see from the river. Finally, there may be other state or local ordinances and regulations (such as no shooting zones) or other restrictions that may prevent you from hunting the section of water you want to hunt.

Importing insects?
Question: I would like to start up a business importing exotic dead insects into California to preserve and sell as curiosities. I realize that if they were alive, that’d be easy (No Bueno!), but what about dead ones? I propose to import them dead but not preserved, and then preserve them myself. Would it make a difference if I imported them already preserved? Aside from this sounding like the intro to a bad ‘50s giant bug movie, is what I am proposing to do legal? (Brent G.)

Answer: State fish and wildlife laws don’t prohibit importation or sale of insects, but there are other laws that you may need to be aware of. You should contact the California Department of Food and Agriculture, the U.S. Department of Agriculture and the U.S. Fish and Wildlife Service. Some creatures, although dead, may still contain live eggs within. And if any of the species you propose to import are restricted species, border inspectors will not likely differentiate between whether they are dead or alive.

Compound bow fishing for sharks?
Question: Is it legal to bow hunt sharks? Someone told me a man in California took a 550 pound mako shark with a compound bow. (Robert S.)

Answer: Spears, harpoons and bow and arrow fishing tackle may be used for taking all varieties of skates, rays and sharks, except white sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may also be used to take finfish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, broadbill swordfish and white shark (California Code of Regulations, Title 14, section 28.95).

Regarding crossbows, under hunting regulations, a crossbow is not considered archery equipment. But under fishing regulations, crossbows may be used for bow and arrow fishing tackle. It does not matter what type of bow or crossbow is used under legal bow and arrow fishing, but a line is required to be attached to the bow and the arrow/bolt (CCR, Title 14, section 1.23).

Carrying rifles through a game refuge?
Question: How do I legally travel through a wildlife game refuge on the way to hunting on the other side of the refuge? With bolt action rifles, we take the bolt out so that it’s not a functioning gun anymore. What about with a lever action gun? How can we legally cross through the game refuge? (Erin)

Answer: The possession of firearms is not prohibited “when traveling through any game refuges when the firearms are taken apart or encased and unloaded. When the traveling is done on a route other than a public highway or other public thoroughfare or right of way, notice shall be given to the California Department of Fish and Wildlife (CDFW) at least 24 hours before that traveling. The notice shall give the name and address of the person intending to travel through the refuge, the name of the refuge, the approximate route, and the approximate time when that person intends to travel through the refuge” (Fish and Game Code, section 10506).

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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.

Legal Hitchhiking?

(CDFW Photo by Athena Maguire)

Lingcod hitchhiking on a rockfish caught on a shrimp fly (CDFW Photo by Athena Maguire)

Question: If I am using a legal shrimp fly rig to fish in California waters for rockfish and a legal-sized lingcod bites and holds onto an otherwise legal-sized rockfish, can I legally gaff and possess that legal-sized hitchhiking lingcod? I am assuming the lingcod has not been hooked in the mouth on my shrimp fly rig, but has merely bitten and held on to the rockfish all the way to the surface. Would this be legal? (James O. Peterson)

Answer: Yes. The take of “hitchhiking” lingcod with a gaff is legal as long as the fish is of legal size. Gaff hooks cannot be used to take or assist in landing any finfish shorter than the minimum sizes limit. Gaffs also cannot be used to take salmon, steelhead, sturgeon or striped bass.

What does new mandatory deer hunt reporting mean for hunters?
Question: I’ve noticed the California Department of Fish and Wildlife (CDFW) are now requiring all deer hunters to report their deer tags. Every person who is issued a deer tag must submit a report for the tag either online or by mail after the hunt, even if they did not hunt or did not harvest a deer. Does this new regulation mean that mandatory validation of all deer tags by an authorized individual is no longer the case? If not, why? Doesn’t mandatory reporting cover all circumstances, except for the poacher types? Given that we are required to participate in more and more validation reports, is it possible that down the line this information will be used to close a zone or severely limit tag numbers? Will more and more zones be transformed into draw only, such as what occurred with the B zone a few years ago? (Bill A.)

Answer: The reporting regulation did nothing to change validation requirements. Hunters have always been allowed to transport deer from the kill site to where it’s going to be validated and the tag must still be validated. Many folks are authorized to validate deer tags (see the current California Mammal Hunting Regulations booklet, pp. 2-13 for full list), but if one of those people are not available, the online reporting system will provide a number to at least prove that the tag has been reported.

According to CDFW Wildlife Programs Manager Craig Stowers, this is a harvest report (not a “validation report”). Successful deer hunters have always been required to report their take. However, due to hunter failure to report, tags picked up in the field and never sent in for processing, or even losses in the mail, we know darn well that we don’t get all the successful take reports.

Harvest information is an important component of population estimates, so you are partially correct in that this information is used to set tag quotas. California’s deer populations are stable, but given the high demand for tags, it is highly likely we will see more zones go to draws in the future. There is no system we could design and implement that will allow deer hunters to get any tag they want, whenever they want.

Here’s one example of how the harvest report system could help deer hunters: calculations of the hunter success ratios that so many hunters seem to use to make their hunt selections. Many hunters get tags they don’t use, but we used to include those hunters in the success calculations. This reporting system gives us a handle on that so we can provide tighter, better information than we ever have before.

Two anglers sharing one rod?
Question: If there are two guys with fishing licenses and they are fishing from shore, is it legal for them to share one fishing pole between them? If so, can both anglers continue fishing until they both get their limits of fish? (Kong C.)

Answer: This would be legal, but CDFW recommends that each angler have their own bags or stringers for the fish they catch in order to keep them separate. It is not legal for one person to catch their limit and then to continue fishing to help their friend get their limit. If each person keeps their own fish separate, there will be no confusion if asked by a warden to display the fish they’ve caught.

Eotech or red dot sights?
Question: Can I legally hunt deer in California with my Eotech Holographic sight on a rifle? Since it has a lighted dot but does not project a visible light outside of the viewfinder, I assume it would be legal but want to be sure. (Ken M., Redding)

Answer: As long as the sight does not emit a directional beam of light, then it may be used (Fish and Game Code, section 2005). The problem comes when a light is emitted out away from the rifle or bow sight to give the hunter what some would consider an unfair advantage over the game. A light might also substantially contribute to hunting before or after legal hours.

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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.

Electronic Decoys, Sunrise/Sunset and Bowfishing for Tuna

Gray Lodge Wildlife Area (Photo by Carrie Wilson)

Gray Lodge Wildlife Area (Photo by Carrie Wilson)

Question: I need some clarification regarding electronic waterfowl decoys. My duck blind partner and I are contemplating buying one of the new electronic decoys. These brand new electronic decoys have wings that flap up and down like a real bird. They can either be motorized tug lines that move the decoys, or electronic feet that cause rotation or flapping of the feet, or they may spray water or swim. The wings on these decoys do not spin or rotate in any way but they are electronically powered. Due to how these are operated, our understanding is that these are legal decoys that can be used throughout the entire season. Please clarify so that we know we’ll be on the right side of the law. (Anonymous)

Answer: Some electronic waterfowl decoys are legal to use throughout the season and some may not be used between the start of the waterfowl season and November 30. Here are the differences:

Electronic decoys NOT legal to use between the start of the waterfowl season and Nov. 30: Electronically powered rotating or spinning wing decoys are prohibited during this period. Instead, all rotating or spinning wing decoys must be powered exclusively by the wind. Regulations (California Code of Regulations Title 14, section 507) only prohibit wings and wing-simulated devices that spin or rotate on an axis, if the movement is caused by anything other than natural wind (e.g. decoys with wings that spin by mechanical device and wings that flap and “rotate on a bi-lateral axis”) and they are used before Dec. 1.

Electronic decoys legal to use throughout the season: Decoys that simulate flapping, swimming, quivering, moving or squirting, but do not have rotating or spinning wings, are legal all season long. Examples include: decoys with mechanical feet or heads, wings that ONLY flap, wings that spin only by wind, etc..

The exact language of CCR Title 14, section 507 reads as follows:
Provisions Related to the Taking of Migratory Game Birds.
(c) Prohibition on Electronically or Mechanically-operated Devices.
Electronic or mechanically-operated calling or sound-reproducing devices are prohibited when attempting to take migratory game birds. It is unlawful to use devices that are either electronically-powered, or activated by anything other than natural wind, to directly or indirectly cause rotation of decoy wings or blades that simulate wings, when attempting to take waterfowl between the start of the season and Nov. 30.

In addition, decoys that use flashing lights on the wing are also illegal as lights are illegal to use to assist in taking any game (Fish and Game Code, section 2005).

Sunrise and sunset times
Question: Can you clarify how to determine the correct shooting hours for big game? The California Mammal Hunting Regulations booklet reads, “Hunting and shooting hours for big game, including but not limited to deer, antelope, elk, bear, and wild pig shall be from one-half hour before sunrise to one-half hour after sunset.” Are sunrise and sunset published times for a specific location, or are they when the sun actually rises above the horizon or sinks below the horizon for the exact position where the hunter is standing? I ask because I’ve noticed published times can be quite different from what I am seeing in the sky when I am standing in a mountainous area. If the times are published, where may I find the correct sunrise/sunset tables for a specific location? (Al B.)

Answer: The sunrise and sunset times you should use are either those times printed in the local newspaper for the area where you are hunting, or if you look in the 2014-2015 hunting regulations booklet for waterfowl and upland game, go by the shooting hours times listed on pages 8-9 for the location closest to where you are. Although times will vary slightly, there are many other sources including a GPS which will give the time for your exact location, and many cellular telephones have information available for the closest town or your exact location.

Safety should always be your first priority though. For example, if you’re hunting in a deep canyon with high walls that partially block out the sunlight normally visible at sunrise or sunset, you should adjust your shoot times accordingly to be sure you are not shooting in the darkness.

Bowfishing for tuna?
Question: With all of the tuna hanging around outside Dana Harbor right now, would it be legal to fish for them using bow and arrow fishing gear? (Ryan T.)

Answer: Bow and arrow fishing tackle may be used to take fin fish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, broadbill and white shark. Yes, tuna would be an “other finfish,” but to be legal, the gear must meet the definition of bow and arrow fishing tackle in CCR, Title 14 section 1.23.

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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.

Bowfishing from a Moving Vehicle?

Bowfishing for carp in Big Bear Lake (Photo courtesy of John Poimiroo)

Bowfishing for carp in Big Bear Lake is one of the methods used by water managers to help control the growing invasive carp population. Big Bear is also a popular lake for bowfishing anglers and carp fishing derbies. (Photo courtesy of John Poimiroo)

Question: I get stopped and questioned by officers fairly often while bowfishing. I have been trying to find out more information about the bowfishing regulations but the freshwater sport fishing guide is unclear to me. Is it legal to bowfish from a moving vehicle, like from the bed of a pickup? Is it legal to bowfish in the California Aqueduct or State Water Project? I was told by an officer that it was not. (Justin F.)

Answer: No arrow or crossbow bolt may be released from a bow or crossbow upon or across any highway, road or other way open to vehicular traffic (California Code of Regulations Title 14, section 354(e)). In addition, no person may nock or fit the notch in the end of an arrow to a bowstring or crossbow string in a ready-to-fire position while in or on any vehicle (CCR Title 14, section 354(i)).

Regarding where and what you may take while bowfishing, “bow and arrow fishing is permitted only for the taking of carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey, all year, except in:

• Designated salmon spawning areas (Fish and Game Code, section 1505).

• The Colorado River District where only carp, tilapia, goldfish and mullet may be taken.

• The east fork of the Walker River between Bridgeport Dam and the Nevada state line where only carp may be taken” (CCR Title 14, section 2.25).

Bullfrogs may also be taken by bowfishing under some conditions (CCR Title 14, section 5.05).

Hunting on an Indian reservation?
Question: The Colorado River Indian Tribes (CRIT) Reservation is in deer zone D12 along the Colorado River. D12 maps show that all of this land is legal to hunt with a California hunting license and deer tags right up to the Colorado River. Can I legally hunt on CRIT Reservation land because it is within California D12, or should I stay away from reservation land? (Anonymous)

Answer: A person who is not a tribal member and wishes to hunt on the CRIT Reservation would have to comply with both California and tribal law, which requires a hunting license issued by the CRIT in addition to a California hunting license and deer tag. You should contact the CRIT’s Fish and Game Department and consult the CRIT Natural Resources Code for further information about hunting on this Reservation. CRIT contact information and the CRIT Natural Resources Code is available at http://www.crit-nsn.gov/.

Rules on drones in Marine Protected Areas?
Question: What are the rules regarding drones? Specifically, are there any regulations regarding flying drones in Marine Protected Areas (MPAs)? (Jeanée Natov)

Answer: It is a violation to fly any aircraft, including any airplane or helicopter, less than 1,000 feet above water or land over the Año Nuevo State Reserve, the Farallon Islands Game Refuge, the Point Lobos State Reserve, the California Sea Otter Game Refuge, and Anacapa, San Miguel, Santa Barbara and San Nicolas Islands, except for rescue operations, in case of any emergency, or for scientific or filmmaking purposes under a permit issued by the department after a review of potential biological impacts (Fish and Game Code, section 10501.5).

Federal regulators of the FAA and NOAA also restrict the use of drones. Flying motorized aircraft (except valid law enforcement) is prohibited less than 1000 ft. above any of the four zones of the Monterey Bay National Marine Sanctuary which are listed in Appendix B (Code of Federal Regulations Title 15, section 922.132(a)(6)). Individuals should consult the MPA- specific regulations in section 632 of Title 14 for special restrictions for individual MPAs. There may be additional regulations prohibiting disturbance of nesting and rafting birds offshore that are covered under federal law.

Firearm for self defense during archery season?
Question: During an archery hunt, can a member of your group who is a licensed hunter, but does not have a deer tag, be in possession of a firearm strictly for self-defense? I will be archery hunting for the first time this year and I plan to travel into the backcountry on foot. A friend who will be coming with me has always had reservations about traveling in bear/mountain lion habitat unarmed due to some unfortunate run-ins in his past. (Kevin K.)

Answer: If it helps put you at greater ease, dangerous encounters by hunters with bears and lions are extraordinarily rare. As long as the person is not hunting with archery equipment, does not have a tag, and is simply accompanying you, then he may carry a firearm. You must be in a location where it is legal to carry a firearm, and your friend cannot assist in the take in any way.

With limited exceptions for active or retired peace officers, archery hunters may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery-only tag (CCR Title 14, section 354(h)).

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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.

Shouldn’t Wildlife Officers Display Badges?

Anglers fishing along the popular Owens River during the Eastern Sierra Trout Opener weekend (Photo by Carrie Wilson)

Anglers fishing in the popular Owens River Valley during the Eastern Sierra trout opener weekend (Photo by Carrie Wilson)

Question: During the 2015 Eastern Sierra Trout Opener, I was checked three times by California Department of Fish and Wildlife (CDFW) wardens for license and barbless hooks. I was in compliance each time. On the three contacts the wardens were wearing jackets and hats that did not have any CDFW insignias or badges on them. On two occasions the wardens stated that they were wardens and I could see radio and gun holsters sticking out from under their jackets. They did not show me any credentials or badge. On the other contact the warden pulled open his jacket collar and showed me his lieutenant bars.

My question is what citizen rights do I have to ask to see a badge or credential during a contact, and what is the policy of CDFW for displaying and showing proper credentials when making a contact, not just telling me he’s a warden? I understand the need to be “undercover” before making a contact, but once the contact is made I think more than just saying you are a warden would be necessary. After the third contact where the warden showed me lieutenant bars, this lack of identification was getting a little old and I believe unprofessional. I had no way of identifying these wardens by name or badge number. (Michael M.)

Answer: You have every right to ask to see their credentials. As I’m sure you know, the Eastern Sierra Trout Opener is a very popular event that draws tens of thousands of anglers to the area during that weekend, and you were fishing in a high contact area, so it’s not unusual that you were contacted by wildlife officers, even multiple times. And because that area is so open and highly visible, and because people are easily seen from a long distance away, wildlife officers often wear a cover shirt over their uniforms and a fishing hat to better blend in and look like another angler so that they can more easily watch everyone without being immediately detected. Our goal is to encourage compliance even when anglers don’t see a wildlife officer in the area.

However, if you were uncomfortable with the contact(s) because you could not be sure the person really was a wildlife officer, by all means, you have the right to ask them, or any peace officer who is contacting you in a law enforcement capacity, for their identification. That is definitely a reasonable request and the wildlife officer should not mind showing you their credentials upon request.

By the way, I spoke to the wildlife officer who likely contacted you (at least one of the times!). He welcomed your comments and wanted me to encourage you to request to see his credentials next time and he will be happy to show them to you.

Rifle silencers for a hunter with substantial hearing loss?
Question: I have substantial hearing loss and my doctor recommended surgery to correct my problem. The issue is that my hearing will be very sensitive to noise afterwards and so shooting a rifle could actually damage it greatly. I am wondering if, when hunting, can an exception be made to allow me to use a silencer on my rifle? (Carlos)

Answer: Unfortunately, the answer is no. It is a felony to possess silencers, except for law enforcement and military purposes (California Penal Code, section 33410). Your best bet is to wear hearing protection while hunting. There are many choices out there and some actually enhance your ability to hear ambient noise while minimizing any loud noises, such as gunshots. Wildlife officers use this type of hearing protection during firearms training.

Ab in a Cab?
Question: I found a sub-legal abalone shell in the stomach of a legally caught cabezon. Is a small abalone shell like this legal to possess? My wife likes it and I want her to know it’s legal to possess. (Ken K.)

Answer: Yes!

How many fishing rods in possession at one time?
Question: How many fishing rods can be in one’s possession? I have a second rod stamp but want to know if I can carry more than two rods with me? Although I may be on foot fishing from the bank, I see anglers on the bass tourney TV shows fishing while still having several rods on their boats. What advice do you have? (Joe P., Red Bluff)

Answer: The number of rods in your possession is not the issue, it is the number of lines that you have in the water fishing at one time. You may have as many rods as you wish in your possession – just make sure to use only the number allowed for the species of fish or for the particular waters that you’re fishing.

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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 a Fish Caught on Another Angler’s Line Legal to Keep?

(USFWS photo)

(USFWS photo)

Question: I am hoping you can resolve a question that came up in one of our recent fishing club meetings. On a recent trip to Lake Isabella, I caught a very nice rainbow trout (18 inches long!). The way it was caught is the subject of debate within our club. I was fishing on a pontoon boat and when I landed the fish, it wasn’t on my hook. Apparently, the fish had been hooked by someone else previously, and broke off. I don’t know who or when, but when I reeled the fish in it had a couple of feet of the previous fishing line, with a hook and split shot still attached to it. The previous angler’s hook was still hooked into the fish’s mouth. Somehow the split shot and old line became tangled in my tackle. The fish was landed after a brief fight, netted and added to my bag limit. The question is: Is this considered a legally caught fish? We await your response. (Luiz D.)

Answer: No fish may be retained that did not voluntarily take the bait or lure into its mouth (California Code of Regulations Title 14, section 2.00(c)). Although you accidentally snagged the broken off line from a previous angler, you may have saved that fish from an otherwise slow death. If that old line had instead gotten hung up on a rock or bush, preventing the fish from freely moving around, the fish could have died of a lack of gill movement or starvation. Since your fish had taken an angler’s bait or lure into its mouth, it was legal to keep. The intention of angling is that the fish take a hook in its mouth, and this was accomplished.

If you had instead snagged this fish by impaling or attempting to impale it in any part of its body other than the mouth by use of a hook, hooks, gaff, or other mechanical implements, this would have been illegal (CCR Title 14, section 2.00(b)). This does not include the lawful use of a gaff to land the fish.

Which firearms and ammo can be used for night hunting?
Question: I am having trouble finding a specific section related to which firearms you are allowed to hunt with at night. Word of mouth has always been that only rimfire rifles and shotguns may be used at night. I know that in other states you can use a regular centerfire rifle so I am wondering if we can also use them here. If not, are we only allowed rimfire and shotguns? Also, are there any exceptions for mounting a flashlight to a gun? (Taylor F.)

Answer: If you are in an area where night hunting is legal, you may only take nongame mammals and furbearers. Night hunting is restricted to the method of take allowed for these animals (under CCR Title 14, section 475). You are not restricted related to the use of rimfire, centerfire, or shotgun, except you may only use and possess non lead ammunition in the condor zone and while hunting on all state-owned lands.

For regulations on the use of lights, please check the California Mammal Hunting Regulations booklet (CCR Title 14, section 264 on page 18 and Fish and Game Code, section 2005 on page 20).

Why is abalone season closing during July?
Question: Just curious, why is abalone season closed in July? (Ashton H.)

Answer: The July break in abalone season was instituted to help conserve the resource. Originally, a two-month summer closure was proposed for the recreational abalone season, but it was reduced to one month – July – to avoid the possible negative economic impacts on North Coast areas that rely on tourism. Because weather and ocean conditions are usually better in July, and many people take vacations and visit the North Coast at that time, July was chosen as the summer month to give abalone a “break” from the heavy take that occurs during the summer. This measure is to help California’s red abalone population remain a healthy resource.

Where’s the best beach to watch a grunion run?
Question: Where is the best beach to take my son to in Southern California to see the grunion? I realize it’s a bit of a guess but I would really like him to see them. Do you have any educated guesses? (Jeffrey D.H.)

Answer: You are correct that it really is anyone’s guess where grunion will run ashore since just about any sandy beach in Southern California is fair game to the grunion! But, for a list of known grunion beaches, please visit our Amazing Grunion web page at www.dfg.ca.gov/marine/grunion.asp#hunter (look under Best Locations). Best of luck! I hope you and your son are able to see a grunion run!

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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.

Night Fishing or Sleep Fishing?

(Creative commons photo)

(Creative commons photo)

Question: The other night while camping/fishing at Clear Lake, the whole campground was bombarded by a sting of rangers at 4 a.m. waking up campers with flashlights in our eyes to check fishing licenses. I was in my tent looking through the window at my poles and popped out when I heard someone walking up on our campsite. It was a ranger and he said I was not allowed to sleep with my poles in the water (I wasn’t asleep, but that’s beside the point). My poles were about 6-8 feet from me and he told us that if we wanted to sleep we had to reel them in. Our poles had bells on them and glowsticks. He said we weren’t “actively fishing.” Is this correct? Catfishing at night with a bell on your pole and being woken up by a jingle jingle has always been pretty standard stuff. Can you please clarify this? (Adam S., Lodi)

Answer: The ranger was correct. If you have your hook and line in the water, it must be closely attended. Angling is defined as taking fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such a manner that the fish voluntarily takes the bait or lure in its mouth (California Code of Regulations Title 14, section 1.05). If you are angling with a pole not in your hand, you should be closely attending and watching it and able to immediately grab the rod to reel it in if a fish bites your hook.

The reason for the law is to reduce hooking mortality for fish that swallow a baited hook and then struggle against the line. If the hook is impaled, the line will restrict gill movement. If you were to catch an undersized bass or trout at night, it may not pull hard enough on the line to disturb you from the tent, and then the fish would likely be dead when you checked your line the next morning.

Bottom line … fishing from inside your tent, whether you’re asleep or not, is not considered “actively fishing” or closely attending to your fishing line.

Can restaurants prepare and serve customers’ sport-caught abalone?
Question: I have a question regarding abalone used for commercial restaurant use. Would it be illegal for someone to catch abalone (legally according to current regulations) on their property, and then sell and serve it to customers at their own restaurant located on their property? Are restaurants allowed to sell wild abalone at all? (Katelyn S.)

Answer: No, it is not legal for someone to catch abalone under a California sport fishing license and then serve it as a meal to a paying customer no matter where the restaurant is located. Fish and invertebrates caught under the authority of a sport fishing license may not be bought, sold, traded or bartered (Fish and Game Code, section 7121). Sport-caught abalone may be given away but cannot be sold in any form, even if it’s being made into a meal.

In most cases, sport-caught abalone,may not even be possessed in a restaurant. The only exception would be if the person who lawfully took or otherwise legally possessed the abalone remained present on the premises while the restaurant cook/chef prepared the abalone for consumption by the person who lawfully took it (FGC, section 2015).

Currently, there is no legal commercial fishery for California’s native abalone (FGC, sections 5521 and 5521.5). However, there are licensed abalone aquaculture farms in the state that raise abalone for the commercial market, as well as commercial fish businesses that import wild-caught and aquaculture abalone into California through a special CDFW importation permit. No non-native, live abalone may be imported into California, though.

Bone collector donates preserved specimens to local schools
Question: I am a bone collector. I have been collecting my entire life but have recently been able to clean and preserve specimens at a museum level. I mainly collect local native species that have fallen victim as “road kill” but I also collect on hikes and at the beach. After I clean and preserve a specimen, I donate it to local schools. I was wondering if there might be any licensing available for this kind of work. I would love to have some documentation to share in the event I run into the authorities. I have a biology degree and happily offer all specimens for educational benefit. Thank you for your time and consideration.  (Anonymous)

Answer: To legally do what you are proposing, you will need to have a scientific collecting permit issued through the California Department of Fish and Wildlife (CDFW) to operate as a biological collector for various schools or institutions in need of specimens. See California Code of Regulations Title 14, section 650 for further information. Mountain lions require a special permit. See CCR Title 14, section 251.4

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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.