Tag Archives: fishing tackle

Do Surfperch Fry Count Toward the Daily Limit?

Barred surfperch give birth to live young from March through July. As few as four to as many as 113 young have been counted per female, but the average is 33. Each fry measures about 2.5 in. long at birth (Photo courtesy of Joe Donatini)

Barred surfperch give birth to live young from March through July. As few as four to as many as 113 young have been counted per female, but the average is 33. Each fry measures about 2.5 in. long at birth (Photo courtesy of Joe Donatini)

Question: In Santa Barbara a surf fisherman was seen last week eating baby perch squeezed from a gravid female. How do live fry from perch relate to a daily limit in possession if consumed? Also, if dead fry are expelled from a dying gravid female in an ice chest, do they count toward the daily possession limit of ten? If fish are consumed by surf fisherman while they fish is there a requirement to save the carcass to verify minimum size for species and daily catch limit? The surfperch babies squeezed directly into the upturned mouth is a bit disturbing and prompted me to pose these questions. Thanks. (Hills S., Ventura)

Answer: Disturbing, indeed. The law says the limit is 10 of any one species. Surfperch are livebearers and it is legal for a person to have fish still inside a livebearing species. Technically, fry are not considered individual fish until they are born, so they do not count toward the limit.

(Photo by Richard Gilliam)

Ken Oda fishes for surf perch (Richard Gilliam photo)

However, if the fry are outside the body, then they technically count as a fish. If a female expels fry in a cooler or boat and puts a person over the limit, please return the fry to the water immediately. This will keep you from being over limit and maybe even save a fry or two … or 40.


Shooting barnyard pigeons?
Question: What is the law when it comes to shooting common or barnyard pigeons? After discussing this with a number of friends and hunters, no one seems to have a definitive answer. Can you help? (Jeff S.)

Answer: Barnyard pigeons or “rock doves” are the feral progeny of domesticated pigeons, and their take is not regulated by the Fish and Game Code. While there is no limit for barnyard pigeons, don’t confuse them with bandtail pigeons or racing pigeons. If someone hunting barnyard pigeons outside the bandtail pigeon season accidentally kills a registered racing pigeon, they could be in trouble and cited with a misdemeanor (Fish and Game Code, section 3680). The chance of this happening is very low though.


Automatic fishing pole?
Question: Can a person use an automatic hook set fishing pole? It would be similar to the action of a mouse trap but with an electric latch that would be activated by the user of the pole holder via a push button switch. The electric latch would unhook and that would cause the pole to spring up and hook the fish. The pole holder would be attended to the whole time and the electric latch would have wires to a switch that a person would have in his hands to activate the latch when a bite is noticed, thus having it in hand and fully in control when the latch is released. Does this sound OK? (Roy D.)

Answer: Sure, give it a whirl! There’s nothing in the Fish and Game Code or Title 14 that prohibits the use of an automatic hook set fishing pole as you have described.


Felon as a hunting chaperone?
Question:My wife loves to hunt almost as much as I do. She especially loves duck hunting but is not confident enough to be out there on her own. The problem is I have a felony on my record which prohibits me from being in possession of a firearm. Can I legally just chaperone her as long as I don’t have access to the firearm? (Richard W.)

Answer: I think the answer lies with either your probation officer or the courts. California Fish and Wildlife laws do not address this issue. The best thing you can do is contact either your probation officer or refer to the court documents related to your case for information regarding any restrictions that may apply to you.


Slingbow for bowfishing?
Question: Is it legal to use a slingbow for bowfishing? (Leng M.)

Answer: Yes, a slingbow is legal to use to take a limited number of fish species in freshwater and the ocean. For fishing purposes, the arrow must have a line attached to be legal (California Code of Regulations Title 14, section 1.23). In ocean waters, the slingbow can be used for skates, rays and sharks (CCR Title 14, section 28.95). In freshwater systems, the slingbow may only be used for certain species and in specific areas (CCR Title 14, section 2.25).

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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.

Diving for Lobsters with Hoop Nets

DFG Marine Biologist Travis Buck holds a California spiny lobster caught in a traditional hoop net (DFG photo)

CDFW Marine Environmental Scientest Travis Buck holds a California spiny lobster caught in a traditional hoop net (CDFW photo)

Question: In regards to catching California spiny lobster, the regulations say the following: Both rigid and collapsible hoop nets may be used from piers and boats. When fishing from a boat, five nets per person are allowed with no more than ten traps on a boat. When fishing from a pier, two hoop nets per person are allowed. Divers are limited to catching lobster by (gloved) hand only.

This leads me to my question. Is it legal for a snorkeler/diver/free diver to swim their hoop nets out to the desired location to drop and then retrieve their traps by hand, while floating in the water? This seems like a good option for people who do not own boats to set traps from and for divers when visibility is so poor that it’s impossible to see lobsters to catch by hand. (Joshua)

Answer: No, you cannot legally take fish hoop nets out to a fishing location while free or scuba diving. The law says that when diving for crustaceans (free or scuba diving), you may take crustaceans by the use of hands only (California Code of Regulations Title 14, section 29.80(g)). If you are in the water, you are diving. You can scout where you want to set your nets when diving, but then you need to stop diving and get out of the water to set and retrieve your hoop nets. If you don’t want to buy or borrow a boat, you can set traps from a kayak, a long board or even a stand up paddle board. Just be sure to wear a life jacket if you do!


Property rights via access by ATV down a dry river bed?
Question: During the last week of deer season, I approached a man riding a 4-wheeler who was obviously hunting since he had a rifle case. He was riding down the dry river bed for over a mile where it’s private property on both sides of the river. He argued with me that he had a right to be there as long as he stayed under the high water mark. I told him he could not be there and could not cross private property at all unless if in a boat and didn’t touch the river bar/land. He got huffy with me so I let it go and he proceeded on his way. What is the law when it comes to a river running through private land? (Heather D.)

Answer: This is a very complicated area of the law and will vary based on the characteristics of the waterway, the ownership of the land, the agencies involved and a number of other factors. In other words, before people get on their ATVs thinking they have the right to ride down dry river beds through private property, they should do some research to see exactly who owns or manages the land, what the characteristics of the dry waterway are and be absolutely sure they have a right to be there and won’t be trespassing. All situations are not the same and the laws may vary from place to place.


Pooling crabs?
Question: What is the boat limit for taking crabs other than Dungeness? I plan to have between two and four people (all with fishing licenses) on my private boat and need to know the answer to this question. Thank you very much for your help. (Jay T.)

Answer: You may not pool your crabs since boat limits apply only to finfish and not to invertebrates (CCR Title 14, section 27.60 (c)). With crabs, individual bag and possession limits apply. For crabs of the Cancer genus (excluding Dungeness crabs) including yellow crabs, rock crabs, red crabs and slender crabs, the limit is 35 crabs per person. Each crab must measure a minimum of four inches from edge of shell to edge of shell at the widest part (except there is no minimum size in parts of Humboldt County).


Bow and arrow hunting with a slingshot?
Question: Can a slingshot be used as a bow or crossbow? Would it be legal to hunt with an arrow and slingshot? (Anonymous)

Answer: Yes, a slingshot can be used as a bow or crossbow as long as it can cast a legal hunting arrow (except flu-flu arrows) a horizontal distance of 130 yards, and as long as it meets one of the definitions of bows and crossbows listed in the Title 14 regulations. To be sure your slingshot meets the requirements, please go to http://www.dfg.ca.gov/enforcement/, click on “CA Code of Regulations, including Title 14” and look up Title 14, section 354, subdivisions (a), (b) and (f).

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

Can a Private Boat Owner Be Cited for a Passenger’s Violation?

California Spiny Lobsters at San Clemente Island (CDFW photo by Derek Stein)

Question: I have my own boat and take friends out lobster fishing with me. I always make sure each person has their license and report card. I also make sure each person has their own bag and keeps each lobster they catch separate as they catch them. My question is, if the game warden finds a short lobster in one of their bags, am I held responsible as the boat owner or would the owner of that bag be responsible? Also, do boat limits apply when fishing for lobster? (Jerry E.)

Answer: Lobsters may be brought to the surface of the water for measuring, but no undersize lobster may be brought aboard any boat or retained. All undersize lobsters must be released immediately into the water (California Code of Regulations Title 14, section 29.90). If the bag or undersized lobster is claimed by any person aboard the boat, that person would most likely be issued a citation for possession of an undersized lobster.

If no one claims the lobster, the game warden can issue citations to everyone aboard the boat (joint possession). Or, since the boat is the property of the skipper, the skipper may be the only one cited because the undersized lobster is possessed aboard the skipper’s boat. Of course, prevention is the best solution, so if in doubt, set it free.

Sport fishing boat limits apply only to fin fish, not lobster. This means that once a lobster fisherman harvests the daily bag limit of seven, he or she may no longer fish for lobster.


Lead ammo for pistol in condor country?
Question: In the lead-free condor zone, can I carry a pistol that is loaded with lead ammo for self-defense, with the intention of NEVER using it for hunting purposes? The purpose of carrying it is for self-defense only. Of course I’ll be carrying lead-free ammo for my rifles, but I want to know about the side arm. Personally, I carry either a Glock 20 in 10mm or a Ruger 44mag. (Brandon C.)

Answer: You may not use or possess lead ammunition in the condor zone while hunting, even if you have no intention of using the lead ammunition to shoot wildlife. For more information on the non-lead requirements in condor country, please go to www.dfg.ca.gov/wildlife/hunting/condor/.


Selling sturgeon eggs from a legally-taken sturgeon?
Question: If I catch legal-sized sturgeons with eggs, can I sell the eggs because I don’t eat them? (Byron M.)

Answer: No. It is illegal to sell any portion of a sturgeon or any fish taken under the authority of a sport fishing license (Fish and Game Code, section 7121).


Grizzly bear tooth
Question: I received a grizzly bear tooth amongst some of my grandfather’s possessions after he passed away. My grandfather grew up here in California and was an amateur geologist and never hunted, so I think he either found or purchased the tooth, although I have no proof. I was wondering if it is legal to possess or sell the tooth here in the state of California. I don’t want to break any laws. (Laura J.)

Answer: It is legal for you to possess it but you cannot try to sell it. The sale or purchase of any bear part in California is prohibited (FGC, section 4758 (a)). Even offering it for sale over the Internet is a federal violation that could make you subject to prosecution under the Lacey Act. You may possess the tooth or give it away, but you may not sell it.

Sounds to me like you have an interesting piece of California’s history, as grizzly bears are extinct in the state — Enjoy it!


Retrieving hoop nets with rod and reel?
Question: Is it legal to use a rod and reel as a retrieval device for a hoop net? For instance, I would connect an 18-inch hoop net to the line of my rod and reel (without hooks) and this would allow me to cast the net in order to better fish for lobsters from a jetty. Is this OK? (Jeff C.)

Answer: Yes, you may use a rod and reel as a retrieval device for your hoop net. You are not required to pull your net by hand, nor are you prohibited from pulling it using a rod and reel.

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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.