Tag Archives: fishing

Collecting Roadkill Raptors

American Kestrel (USFWS photo)

American Kestrel (USFWS photo)

Question: What are the rules concerning the use of birds of prey, such as owls, which have been killed by vehicles? I have found several in the local area which seemed to be dead along the side of the road but without evidence of damage to the body. My guess based on where they fell is they are “indirect roadkills.” If I wanted to save these animals for taxidermy or another use, would I need some kind of documentation? If so, what sort of permit would I need? It would be simple to document the finds I have made photographically at the site, but preserving them for inspection later by California Department of Fish and Wildlife (CDFW) would be harder. Thanks for your help with this. (Ken Z., Visalia)

Answer: Under both state and federal law, it is not legal to collect or possess any species of bird that is protected under the U.S. Migratory Bird Treaty Act. This would include all raptors that have been killed by vehicles. There are permits available, under very specific circumstances that allow scientific or educational facilities to salvage these birds. Organizations that believe they may qualify for these permits would be required to obtain both a federal Salvage Permit and state Scientific Collecting Permit. More information on these permits can be found at www.dfg.ca.gov/wildlife/nongame/research_permit/ and www.fws.gov/forms/3-200-10a.pdf.

Another very valuable thing the average citizen can do when they see a potential road kill is to “document the find” in one of the databases such as www.wildlifecrossing.net/california/. If it is near a State Highway, the Department of Transportation keeps records specifically for planning and coordination purposes.


Fishing license and second rod stamp
Question: I have a California sport fishing license but did not pay for the second rod stamp. When I am out ocean fishing on my boat, am I only allowed one rod? I thought since it was the ocean I can have two rods out, even if I did not pay for a second rod stamp. (Anonymous)

Answer: The second rod stamp is only required when fishing in freshwater with two poles. In the ocean, any number of poles and lines generally can be used, with some exceptions. For example, fishing for lingcod, rockfish, greenlings or cabezon is limited to one line with no more than two hooks. Also, when fishing in San Francisco Bay or when fishing for salmon north of Pt. Conception, only one rod/line may be used per person.

Other exceptions exist, such as when pier fishing – only two methods may be used. There are only a few exceptions like these, but I’d recommend reviewing the Gear Restrictions section of the Ocean Sport Fishing Regulations booklet and any regulations for the species you’re pursuing to ensure you’re following the law.


Legal to collect moon jellyfish for personal use?
Question: I am interested in collecting some moon jellyfish just for my personal use but want to be sure it’s legal. They would not be sold or traded. If legal, can I collect them under a basic fishing license or would I be required to have a marine collector’s permit? (Tucker M.)

Answer: Moon jellyfish occurring outside the tide pool zone (1,000 ft. seaward from mean high tide) may be legally taken with a fishing license and the bag limit is 35 (California Code of Regulations Title 14, section 29.05 & 29.05(a)).


Crab pot dimensions?
Question: My son wants to build his own crab pot. I think it’s a great project but I can’t find any official size regulations. He already has line, buoys and bait containers. I found a web page that described a circular pot as measuring 42 inches in diameter, 14 inches deep and weighing 90 pounds. Are those the required dimensions? Can they be bigger/smaller? Any help is appreciated. (Anonymous)

Answer: As long as the trap has “at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap” (CCR, Title 14, section 29.80 (c)), your son is free to construct a pot using any dimensions!

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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 Cal.Outdoors@wildlife.ca.gov.

Drifting for Waterfowl

(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.


Returning female Dungeness crabs
Question: I was surprised to discover the current regulations do not say female Dungeness crabs must be thrown back. Has there been a change in the long standing regulation that required this? Is it now legal to keep the female Dungeness crab, providing all other stipulations are met (size, season, limit, zone)? (Kurt H.)

Answer: Yes! Sport fisherman may keep the female Dungeness crab – commercial fishermen must throw them back. Since the females are often much smaller and less meaty than the males and lack the large claws, many fishermen toss them back so they can reproduce more young for future generations. The larger females that meet the minimum size requirements also carry the most eggs and produce the most offspring, so it’s beneficial for the population to let the females go. However, there is no law that compels you to do so.


How to legally display mountain lions?
Question:I read where Governor Edmund G. Brown Jr. signed into law a bill allowing the mounting and display of these animals in California. Does that mean that mountain lions taken in other states can be brought into California for mounting and display? (Peter B., Los Angeles)

Answer: No, it is still illegal to import mountain lions. Fish and Game Code section 4800, which was enacted via an initiative measure in 1990, provides that mountain lions are specially protected mammals that cannot be taken or possessed except under limited circumstances related to public safety or protection of property. SB 769, which amended the law in 2011, now allows for the possession of a mountain lion carcass, but only if all of the following requirements are met:

1) The lion was legally taken in California;

2) The Department of Fish and Game (DFG) has specifically authorized the possession for the purposes of SB 769; and

3) The carcass is prepared for display, exhibition, or storage, for a bona fide scientific or educational purpose, at a non-profit museum or government-owned facility generally open to the public or at an educational institution, including a public or private postsecondary institution.

Only mountain lions taken for depredation or public safety reasons in accordance with the Fish and Game Code will fall within the SB 769 exception allowing possession of displayed mountain lions.


Yo-yo fishing
Question: I know jug fishing, yo-yo fishing and the use of trotlines with 20+ hooks per line are the norm in the South. I am interested in yo-yo fishing in California for catfish and possibly trying a two-jug trotline with 10 to 12 hooks on the line to catch catfish. My question is: In California, are private (non-commercial) fishermen limited to just one line with three hooks max? In reading the regs, it seems that an extra pole endorsement is just that, for an extra pole, not an extra line. (Mark H., San Bruno)

In regard to yo-yo fishing and trotline fishing, here is an article from 2007 Outdoor Life:http://www.outdoorlife.com/articles/fishing/2007/09/tackle-free-fishing

Answer: You must closely attend your lines at all times and you are limited to two lines with a maximum of three hooks on each line with a two-pole stamp. Otherwise, you must use a single line with three hooks maximum when fishing bait, or three lures per line which could each have three hooks. It is illegal to allow lines to simply fish themselves while attached to a float. For a similar previous question and answer, please go to: http://californiaoutdoors.wordpress.com/2008/11/.

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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.

Night Diving for Scallops?

Scallops (photo by DFG Marine Biologist Derek Stein)

Question:Is it legal to dive for scallops at night? I have found in the regulations where it says that clams may not be taken at night but I cannot find regulations that apply to scallops. Can you help? (George B., Newport Beach)

Answer: Yes, you may dive for scallops at night. The restriction on digging for clams at night does not apply in this situation. The regulations you are looking for are covered under the General Invertebrate provisions in the California Code of Regulations, Title 14, section 29.05, which states in part, “Except as otherwise provided in this article there are no closed hours for any invertebrate.”


Declarations
Question: I am a license agent and last year just two days before the waterfowl season opened, a longtime customer of 25 years came into my store to purchase his license. He had experienced a fire in his home the previous summer and had lost some possessions, including his hunting license evidence. I explained that DFG doesn’t accept declarations any more, and I couldn’t sell him a license. I know he had taken the hunter safety course in the past, and hunted since he was a teenager. What would have been the best course of action for the hunter and a license agent in this situation? What can other longtime experienced hunters do if they find themselves in a similar unfortunate situation? When will DFG accept declarations again? (Kevin Jeffs, Jeffs Sporting Goods, San Gabriel)

Answer: It is unlikely that declarations will be accepted again. However, according to DFG Sport Fishing/Waterfowl/Upland Game Program Analyst Glenn Underwood, there may be something we can do for hunters in this situation. If he applied for waterfowl or big game drawings in the past, we may have his information in our drawing database. The hunter should contact DFG’s License and Revenue Branch at (916) 928-5805 and explain what happened. If they can find proof that he had a hunting license in the past, they can update his hunter education status in the database and he will be able to again purchase a hunting license.


Full-size Cheetah / Leopard taxidermy
Question: My uncle recently passed away and left me in charge of his estate. One of the items he left is a full size Cheetah/ Leopard taxidermy. Is it legal for me to sell it? If not what do you recommend that I do with it? (Michael C., Modesto)

Answer: You are allowed to give it away but you are not allowed to sell or trade it (California Penal Code, section 653o). You might want to contact a museum, service club or local school to see if they may have a use for it.


Using live minnows from a bait shop?
Question: When fishing in a reservoir, can I use live minnows purchased from a bait shop? (Roger L.)

Answer: While moving live fish and/or placing live fish into a different body of water from where they originated is usually illegal in California (CCR, Title 14, section 1.63 and FGC section 6400), there is an exception. Depending upon which district you are fishing, certain species are allowed to be purchased and used as bait, while other species may only be allowed as bait if captured on the specific water you are fishing. Live bait regulations are found starting with Title 14 Section 4.00 of the California Code of Regulations. You should review sections 4.10-4.30 for specific information regarding the species that may be used in your district.


Fishing multiple rods from shore outside San Francisco Bay?
Question: I know that you can use as many rods and hooks as you want outside the Golden Gate, but can I use multiple rods to catch striped bass and halibut from the shore? I already know that only one rod can be used for salmon, rockfish and lingcod. I have heard if you have a striped bass or a halibut in possession, then only one rod can be used. Is this true? (Eddie H.)

Answer: Outside of the Golden Gate, if you are fishing from shore for halibut and striped bass, you can use as many rods and hooks as you want. If you were to catch a species like salmon or rockfish, however, you would have to release it, as only one line may be used for these species.

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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.