Tag Archives: freshwater fishing

Aggressive Deer Gone Rogue in Local Park

Black-tailed does with young fawns can be very protective of them when they perceive threats (even people with dogs on leashes). When this happens, they may act  quickly and aggressively to drive the threat away (Photo by Carrie Wilson)

Black-tailed does with young fawns can be very protective when they perceive threats and may act quickly and aggressively to drive the threat away (Photo by Carrie Wilson)

Question: I had a weird thing happen the other day. I was walking with my dog in a local Monterey park when a doe deer came right up to us. My dog ran out after her and the next thing I knew I heard yelping and looked out to see the doe standing over my 60 lb. dog, kicking it repeatedly. This cannot be normal! Typically, the deer run away from my dog when he chases them. There’s something wrong with this deer. Can you please come get this rogue deer so that it does not threaten other people in our neighborhood? (Spooked in Monterey)

Answer: While this situation may seem unusual, there is probably nothing wrong with this doe. You should be aware that this is fawning season and it sounds like this doe may have had a young fawn or fawns nearby that it was trying to protect. For California black-tailed deer, fawning season runs roughly April through July, and during this time the does can be very protective and will do all they can to defend their young against predators. These deer may view domestic dogs as a threat even if the dog is being walked by the owner on a leash or even in the owner’s backyard. This doe may have viewed your dog as a potential predator and instinctively acted quickly and aggressively to drive it away from the area in order to protect her fawn(s) against this perceived threat. Does that have lost their fear of people may also act aggressively toward humans who wander too close to their fawns. This is a temporary situation and aggressions usually subside once the fawns become more mobile.

Does will hide their fawns in locations away from other does while they go out foraging. This ensures that the fawns imprint on their mothers and not on another doe. In urban or suburban areas, these fawning sites may quite often be in public parks or secluded backyards where plenty of plant life creates protective cover. Once the fawns become strong enough to travel and can keep up with their mother, the doe will lead them back to where she lives. In the interim, it is best for you and other dog owners this time of year to give any deer you encounter a wide berth and keep your dogs on a leash.

In addition, allowing your dog to chase big game constitutes harassment and you may be cited for it (California Code of Regulations, sections 251.1 and 265).


Fishermen and firearms on boats?
Question: We do not have a concealed carry permit but while camping we keep a loaded pistol in our camper for personal protection. We would prefer not to leave it in the camper while we are out on the boat fishing. Is it legal to carry an unloaded firearm (pistol) on a boat while fishing in the ocean? If so, does it have to be in plain sight or can it be kept in a glove box on the boat? (Lisa G., Granite Bay)

Answer: California Penal Code, section 25400 provides: A person is guilty of carrying a concealed firearm when the person does any of the following:

  1. Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
  2. Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person.
  3. Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

However, the above section does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition (California Penal Code, section 25640).

A summary of firearms laws is available online at http://dfg.ca.gov/enforcement/ under Helpful Information on the right margin.


Out-of-state hunter safety cert valid here?
Question: I recently moved to California from Michigan and am wondering if I will be required to take another hunter safety class to be able to hunt here? Also, during archery season, are you able to hunt from a tree stand or an elevated platform? (Noah S.)

Answer: California has no restrictions against using tree stands. And no, you will not need to take another hunter education course as long as you can show proof that you have passed a hunter education class in Michigan or can produce a valid hunting license issued to you within the last two years. If you cannot produce proof of a hunter ed class or a recent hunting license, you will need to complete another course to get your hunting license. Information regarding hunter education courses in your area is available online at www.dfg.ca.gov/huntered/index.aspx.

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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.

Steelhead vs. Rainbow Trout – What’s the Difference?

Angler with wild Klamath River Steelhead (released).

Angler with wild Klamath River Steelhead (prior to release).

Question: I’d like to try steelhead fishing for the first time on the American River. I will purchase a regular California fishing license and adhere to all regulations, but do I have to purchase the steelhead card if I don’t intend to keep any steelhead? If so, why can’t one be fishing for regular (rainbow) trout in the same river without a steelhead card? (Lilly K.)

Answer: It can be a bit confusing because steelhead trout and rainbow trout are the same fish. Its scientific name is Oncorhynchus mykiss (O. mykiss). Generally speaking, O. mykiss found in land-locked freshwater with no access to the ocean is a rainbow trout and steelhead trout are O. mykiss fish found in anadromous waters, which are waters with unimpeded access to the ocean where they live the majority of their life and come back to freshwater to spawn.

For practical purposes and to facilitate compliance, fishing regulations differentiate between rainbow and steelhead in anadromous waters by a 16-inch size threshold. O. mykiss smaller than 16-inches is a rainbow trout, and bigger than 16-inches is a steelhead. Fishing for steelhead, meaning any O mykiss in excess of 16-inches, in anadromous waters including the Lower American River below Nimbus Dam in Sacramento County, will require purchase of a Steelhead Report Card, even if you practice catch-and-release (California Code of Regulations Title 14, section 5.88).

The report card provides important data to fishery scientists and requires an entry for each day that you fish and statistics on all fish caught and released. Fishing for O. mykiss less than 16-inches does not require a steelhead report card.


Does sardine fishery closure mean no more sardines for live bait?
Question: I heard in the news last week that the sardine fishery will be closing because it’s been overfished. Is this true? If so, how will this impact sport fishermen who rely on sardines for live bait? What about for fishermen who catch them incidentally on hook and line or who target them on sabiki and similar rigs off piers, jetties, etc.? (Steve C.)

Answer: The season for the current directed commercial sardine fishery has closed. There will also be a prohibition for next season for the same fishery due to a declining stock, but the decline is not due to overfishing. Anglers will be happy to know that these closures have no effect on either live bait or recreational take of sardine. These catches are not considered as part of the prohibition on directed commercial take. Currently, there is no limit on the recreational take of Pacific sardine (California Code of Regulations Title 14, section 27.60(b)).

Biomass (population numbers) and commercial catch of Pacific sardine have fluctuated since the early part of last century. Over the past couple of years, the biomass of Pacific sardine has been declining. These fluctuations and the recent decline are primarily due to natural large scale changes in oceanic temperature, and studies show that biomass has fluctuated on a decadal scale for thousands of years. For more information on management of the West Coast Pacific sardine stock, please see the Pacific Fishery Management Council website (www.pcouncil.org/).

For more information about Pacific sardine history, research, and management in California, please visit California Department of Fish and Wildlife’s (CDFW’s) Pacific sardine web site at www.dfg.ca.gov/marine/cpshms/pacificsardine.asp.


Spotting abalone for friends while on probation?
Question: I was cited for an abalone violation for failure to tag immediately out of the water last year (I went up to my car to grab a pen and ran into a ranger). My probation states 12 months of no fishing. Would it be legal to still go out with my buddies and spot abalones for them? I would obviously not carry an abalone iron. (Jingsong W.)

Answer: No. The law defines take as “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill” (FGC, section 86). If you are helping your buddies by spotting abalone for them to harvest, you are pursuing and hunting for abalone, which constitutes take.


Black bear claw necklace?
Question: I have a necklace that contains black bear claws that were legally taken in Wisconsin a couple of generations ago. They were part of a rug until it fell apart from age and moths. I would like to pass it along to my grandson as he is involved in Cub Scout activities. It would be a gift being passed down from one generation to another. Is it legal for him to possess it in California? In keeping with the scouting traditions, I want to make sure we are doing things legally and properly. (Robert S., Texas)

Answer: Yes, you can give this family treasure to your grandson but Fish and Game Code, section 4758, prohibits the sale or purchase of bear parts in California.

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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.

Fishing or Foul Hooking?

The Northern or Florida strain of largemouth bass (LMB) are the best species for stocking in small private ponds. (DFG staff photo of Amanda Menefee by Ken Oda)

Angling is defined to only include the fish voluntarily taking the bait or lure in its mouth. Snagging the fish outside of its mouth is illegal and considered foul hooking (CDFW staff photo of Amanda Menefee by Ken Oda)

Question: When sport fishing for black bass, California Department of Fish and Wildlife (CDFW) regulations say the fish must willingly take the bait in its mouth. However, it doesn’t say if the hook has to be inside the mouth or not. For example, when fishing a multi-hook bait, can the hook go from the outside to the inside of the mouth? As bass often hit these baits while attempting to eat it, the rule seems a little vague. (Randy R.)

Answer: No, this would be considered foul hooking and not legal since the fish is essentially snagged rather than voluntarily trying to eat the lure. Angling is defined in the regulations to only include “such manner that the fish voluntarily takes the bait or lure in its mouth.” The outside of its mouth is not in its mouth (California Code of Regulations Title 14, section 1.05).


Hunting pigs and turkey simultaneously?
Question: There is a bit of a debate going on the Nor-Cal Wild Pig Hunters Facebook group regarding the legality of hunting pigs and turkey simultaneously during turkey season. Is it legal to carry No. 6 shot shells (for turkey) and rifled slugs (for pigs) at the same time while out hunting turkey in an area that holds pigs? Many say it is common practice, others say it is illegal to carry slugs (or any shell holding larger than No. 2 shot) while pursuing turkey. Who’s right? (Mark, San Bruno)

Answer: It would be legal to hunt pigs and turkeys simultaneously because a slug is not shot. A hunter who possesses shot size larger than No. 2 could be cited while turkey hunting, but the regulation limiting shot size that may be possessed when taking turkey does not address slugs.

Methods authorized for taking big game (wild pig) include shotgun slugs, rifle bullets, pistol and revolver bullets, bow and arrow and crossbow (2014-2015 Mammal Hunting Regulation booklet, page 24, section 353).

Methods of take for resident small game (wild turkey) are shotguns 10 gauge or smaller. Shotgun shells may not be used or possessed that contain shot size larger than No. BB, except that shot size larger than No. 2 may not be used or possessed when taking wild turkey (CCR Title 14, section 311(b)).


How can I prove my innocence regarding a fishing citation?
Question: If I am cited by a wildlife officer for a short fish or an overlimit of crustaceans but believe I am innocent, how can I prove it? Do I have to go to court at my own expense to prove my innocence? (Dustan B.)

Answer: If you believe that you are innocent of the violation(s) you were charged with, then yes, you need to appear in court on the date listed on the citation. You will then have the opportunity to enter a plea of guilty, no contest or not guilty. If you enter a plea of not guilty, you will have your opportunity to explain your side of the story to the judge.


Fishing with mosquito fish/guppies for bait?
Question: I live in the Central Valley, Fresno to be exact. In inland waters where mosquito fish are resident, is a person legally able to use “mosquito fishes” as bait (similar to using minnows as bait)? I would already presume transferring them from one body of water to another is prohibited, but what if the body of water is already inhabited by mosquito fish? (John T., Fresno)

Answer: Mosquito fish are not native to California waters but were introduced into California around 1922 to consume and suppress mosquitos and their larvae. Allowable live baits that may be used in the Central District, which includes the Fresno area, can be found in section 4.20 of the 2014-2015 California Freshwater Sport Fishing Regulations booklet (page 17). Legally acquired mosquitofish can be legally used in any body of water for bait except those listed under 4.20(f).

Use and transportation of bait fish is strictly regulated in the Freshwater Fishing Regulations booklet (CCR Title 14, section 4.00) to prevent the inadvertent transfer of a baitfish species from one body of water to another. It’s a good idea to double-check this section of the regulations booklet whenever you are transporting baitfish to your favorite fishing spot.

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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.

 

Wildlife Feeders to Attract Turkeys?

Spring turkey (Photo by Carrie Wilson)

Spring turkey (Photo by Carrie Wilson)

Question: A buddy of mine has a feeder on his ranch that he loads up with feed to attract turkeys to his property. He intends to hunt them once the season opens. I told him this was illegal baiting but he said he would pull the feed out before hunting the area. What do you think? Is this really legal? (Anonymous)

Answer: No. It is illegal to harass any game or nongame bird unless authorized by a regulation or the Fish and Game Code (California Code of Regulations, Title 14, section 251.1). Under this section, “harass” is defined as an intentional act which disrupts an animal’s normal behavior patterns, which includes, but it is not limited to, breeding, feeding and sheltering. Consequently, if your friend’s feeder disrupts the normal behavior pattern of the turkeys, it would be a violation of the law to feed the turkeys even if he/she pulls the feeder out before hunting the area. Also, please note that a person may not take resident game birds, such as turkeys, within 400 yards of any baited area unless an exception in CCR Title 14, section 257.5, has been met.


Legal sturgeon in tow?
Question: While out sturgeon fishing, we noticed a smaller boat with a legal sturgeon in tow. The rope was double hitched and wrapped around the fish just behind the gills. As ropes and snares are now illegal, where does this technique fall into the rules?  (Bill A.)

Answer: If the “double hitch” you saw was a flexible loop made from any material that can be tightened like a noose around any part of the fish, then what you saw was not legal (CCR Title 14, section 5.80(d) and 5.81(a)). The no-snare regulation is to reduce harm to sturgeon. Oversized white sturgeon and all green sturgeon may not be removed from the water and shall be released immediately (CCR Title 14, section 5.80(c) and (e) and 5.81(b)). Legal-sized white sturgeon that anglers choose to release must be released immediately without taking them out of the water

If the person in possession of the fish you saw had not recorded the fish on a Sturgeon Fishing Report Card, it was also illegal under CCR Title 14, section 5.80(f). The tagging requirement is to prevent waste of white sturgeon through “high grading” (releasing a smaller fish when a larger one is caught) as well as to enforce the daily and annual bag limits.

If you see something like this again, I recommend calling the 24-hour Californians Turn in Poachers and Polluters (CalTIP) hotline at (888) 334-2258. Tipsters also can text anonymous information, including photographs, to CalTIP via “tip411” (numerically, 847411). Wildlife officers can respond directly, resulting in an anonymous two-way conversation. Users must start the text message with the word “Caltip”. Phone number line, type: 847411, message line, type: Caltip (followed by the message/tip).


Diving and crabbing at the same time?
Question: I live in Monterey County and freedive/spearfish in the approved areas frequently. I see crab while I’m down on the bottom and have decided maybe I’d like to try and grab a few. I’ve read through the rules and regs and think I have a pretty good idea of what’s expected of me. Would it be possible (and legal) for me to purchase a crab trap, place it out before my spearing, then go dive for a few hours and return to collect it once I’m done diving? It would all be done in one trip and from a kayak. Just a thought. For now I’m just going to get a measuring devise and try my luck by hand.

Answer: Yes, if you are north of Point Argulello (Santa Barbara County), you may legally set traps for crabs and have them fishing while you’re diving. Then after you have finished diving, you may return to collect crabs from the trap. You cannot service traps while still diving because while diving for crustaceans, you are restricted to taking crabs only by hand (CCR Title 14, section 29.80(g)). Note that for hoop nets, the limit between setting and pulling is two hours.


Passengers netting fish?
Question: Can a person net fish for others without having their own California Sport Fishing License?  (Pete)

Answer: Yes, as long as you are referring to using a “landing net” to net another angler’s fish that is unable to use the landing net them self for some obvious reason, then it’s ok. Assisting someone with the use of a landing net in this way would not require a license, but using other types of nets, such as gill nets, seines, dip nets for catching baitfish in the ocean would require a license.

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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.

When the USDA Checks Wild Waterfowl, is it a Bad Sign for Hunters?

Mallard pairQuestion: On the last day of hunting at Modesto Reservoir we had a lady from the United States Department of Agriculture that swabbed our ducks and geese for parasites, etc. I asked her why she was doing this and she smiled at me. So then I said, “Is it that Foster Farms has been having problems with viruses?” She just smiled again and nodded her head.

I can’t help but wonder what Foster Farms is up to but can bet they are up to no good for hunters. They had problems with their chickens in Livingston and other places so I can’t help but wonder if they are trying to tie this to our waterfowl. I think there is a good story here for somebody who wants to take the time to make the phone calls and dig it out! (Ron W.)

Answer: While this is an interesting question, Ron, there’s no conspiracy going on here against waterfowl hunters. I asked Krysta Rogers, Avian Specialist and Environmental Scientist for the California Department of Fish and Wildlife (CDFW), and here’s what she had to say:

“In response to the recent detections of avian influenza in Washington in December 2014, the United States Department of Agriculture and United States Geological Survey, in coordination with state wildlife agencies, initiated active surveillance through swab sampling of hunter-harvested waterfowl in several states, including California. Avian influenza viruses naturally circulate in wild bird populations, primarily in species that are associated with an aquatic habitat. Therefore, monitoring wild waterfowl for avian influenza activity is one of the most efficient surveillance tools for determining what viruses are circulating worldwide. Between 2006 and 2011, CDFW participated in similar surveillance efforts to aid in the detection of avian influenza viruses. As with the previous surveillance, state and federal wildlife agencies do not foresee any impacts to wild waterfowl populations or to hunting.

“Recently, in the western United States, two main viruses have been detected, H5N2 and H5N8. Both viruses have previously been found in other parts of the world. While these viruses are not known to cause significant disease in wild waterfowl, they can cause high mortality in domestic poultry. Surveillance of hunter-harvested waterfowl has resulted in additional detections of these viruses in California, Oregon, Utah and Idaho. The H5N2 virus has been detected in backyard poultry flocks in Washington and Idaho while the H5N8 virus has been detected in a backyard poultry flock in Oregon and a commercial turkey flock in Stanislaus County, California.”


Managing multiple fishing rods on the Sacramento River?
Question: If two anglers are anchored on the Sacramento River bait fishing for sturgeon and both have second rod validations allowing them to fish with four rods collectively, if one person then hooks up, is it legal for the other person to reel in the other three rods while that person is fighting the fish? In other words, is it legal for the person not trying to reel the fish in to clear the other three rods? (Monty R.)

Answer: Yes, provided the anglers are fishing in a location where the second rod validation is operative. Legally, since each fisherman is only authorized to fish with up to two fishing poles, the fisherman trying to bring in the other three poles would have to first secure one of his fishing rods so that it is no longer being used to fish. That would leave two fishing poles to reel in, which would be within the angler’s legal authority to do.


Dead heads
Question: I’ve been up shed hunting and recently have found a couple mountain lion kills. Can I legally take the dead heads? How do I prove it’s a dead head and not a poached deer? (Brice R.)

Answer: You should avoid picking up anything that is fresh but it is not illegal for someone to pick up bleached antlers. In addition, you can sell sheds that you have found but they must have been manufactured into products or handcraft items, or have been cut into blocks or units which are to be handcrafted. You cannot sell whole antlers with heads attached (Fish and Game Code, section 3039(c)).


Selling sea urchin jewelry
Question: Is it legal to use legally harvested/farmed California uni biproducts for jewelry to be sold in retail? I have a local fish market that sells large amounts of the purple urchins they obtain from Catalina Seafood. I obtain the eaten shells and use the spikes for crafts. Is it legal to sell them in California as well as globally? (Alexandra F.)

Answer: Commercially-taken sea urchin spines can be sold in jewelry, but sport-harvested marine resources may not be sold, bartered, traded, etc.

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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.

Hoisting Sturgeon to Pose for Photos?

Oversized white sturgeon that are too large to keep should not be hoisted out of the water for measuring for pictures. The angler may be cited if the fish is too large and the fish is put at risk. Instead, keep the big fish in the water to take your pictures, and then release it to swim away (Photo by Carrie Wilson)

Oversized white sturgeon that are too large to keep should not be hoisted out of the water for measuring or for pictures. The angler may be cited if the fish is too large and the fish is put at risk. Instead, keep the big fish in the water to take your pictures, and then release it to swim away (Photo by Carrie Wilson)

Question: I’ve seen several pictures over the years of anglers hoisting oversized sturgeon out of the water and dragging them back to the dock for pictures. Isn’t it against the law to treat fish that are to be released this way? How should oversized sturgeon be handled, given that the justifiably proud angler would like to get a picture or two before releasing? (Jim J.)

Answer: Regulations for sturgeon have become more protective since 2006, so hopefully you were looking at old-time pictures. There are two important issues here – the regulations and doing what is best for the sturgeon. What follows is only about white sturgeon since green sturgeon are a threatened species and thus may not be taken, possessed or removed from the water. If a green sturgeon is caught, it must be released immediately.

Without regard to fish species, the regulations state that all fish “…less than the legal minimum size or greater than the maximum legal size must be returned immediately to the water from which they were taken” (California Code of Regulations Title 14, section 1.62). Because white sturgeon have a legal minimum size of 40 inches fork length, and a legal maximum size of 60 inches fork length, it is indeed against the law to bring an oversized white sturgeon to a dock (or even into a boat) for pictures. Photographs of oversized white sturgeon may only be taken of fish while still in the water.

Anglers are not prohibited from taking oversized fish out of the water, but the regulations (as part of several special protections for white sturgeCarrie_sturgeon_4421on) also state that, “Any white sturgeon greater than 68 inches fork length may not be removed from the water and shall be released immediately” (CCR Title 14, sections 5.80 and 27.90). These sections give anglers what amounts to an 8-inch margin of error when measuring white sturgeon in the water.

As far as what’s best for any sturgeon that will be released, according to CDFW sturgeon expert Marty Gingras, the answer is clear. “End the fight quickly and keep the sturgeon’s head in the water. Blood-chemistry studies show sturgeon become stressed from the fight and from being removed from the water, and tissue studies show stressed females that survive are less likely to spawn normally.”

Handling these behemoths with care is critical as they are essentially protected broodstock. These large fish will be important to carry California’s sturgeon populations through droughts and other challenges, as well as to build future generations of these incredible fish for tomorrow’s anglers.


How to become a hunting guide?
Question: How can I become a hunting guide? Do I have to have a license or is there a course I need to go through to become a hunting guide? (Billy S.)

Answer: There are no courses or tests to take to become a hunting guide. “Guide” means any person who is engaged in the business of packing or guiding, or who, for compensation, assists another person in taking or attempting to take any bird, mammal, fish, amphibian, or reptile. “Guide” also includes any person who, for profit, transports other persons, their equipment, or both to or from hunting or fishing areas.

The basic requirements are to first fill out an application with the CDFW and pay the license fees. Current cost of an annual resident guide’s license runs $212.70. Employees of the guide who assist in the service are also required to have a Guide Employee Registration license that costs $46.87.

Guides may not have any CDFW violations in their past so applicants may be required to go through a CDFW background check to check for previous violations.

The last requirement is for the guide to purchase and maintain a “performance bond.” The bond assures that any deposit money received from a client to reserve a future trip will be returned in the event that the guide cancels and tries to keep the deposit.


Redeeming gift vouchers?
Question: I received a 2015 annual fishing license as a gift but I’d already bought mine for the year. Can I turn it back in for a refund? I’ve heard that fishing license gift vouchers require the recipient to return to the exact store where the voucher was purchased and present all of their personal information in order to trade the voucher for a legal license? Is this true? (Brent G.)

Answer: No, it’s much easier than that. Gift vouchers can be redeemed for an annual resident sport fishing license anywhere licenses are sold, or online at www.ca.wildlifelicense.com/InternetSales/. While gift vouchers are nonrefundable, they are transferable since they have no customer attached to them until redeemed. Since you received an extra gift voucher, you can give it to a friend or relative and they can redeem it for a resident sport fishing license.

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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.go

When Prohibited Species Are Accidentally Caught?

Garibaldi, California’s state marine fish, are illegal to take (CDFW photo by Dan Gotchall)

Question: I fly fish for calico bass using barbless hooks in the kelp beds off Catalina Island and the coast, and it’s all strictly catch and release. Garibaldi are abundant in this habitat and are very aggressive. When I can see them I can usually avoid catching them. However, rarely one will take my fly inadvertently. Since they are only lightly hooked through the lip, they survive the accidental catch and release. However, it is illegal to “take” garibaldi. Is this considered illegal if caught by accident and then released? How can one avoid catching them? (Rick B.)

Answer: No, it is not considered an illegal action to accidentally catch a prohibited species as long as it is immediately released back into the waters it came from. Intentionally targeting a prohibited species IS illegal, but you do not seem to be doing that.

As for how to avoid catching them, that’s a tricky question. About the only thing you can try would be to use a larger hook (that the garibaldi might have problems taking into their small mouths), but fly fishing generally doesn’t allow for use of larger hooks. You may need to employ a bit of ingenuity to figure out how to reduce the number of garibaldi you end up hooking.


What to do with banded waterfowl?
Question: This past weekend a banded speckled-belly goose was taken at my duck club. I’d like to report this banded bird to the authorities. The time, date and place, as well as the tag number seem obvious to report. Is there any other information needed, and who should I report this band to? (Larry L.)

Answer: Since waterfowl are migratory, the U.S. Geological Survey has the responsibility of collecting and analyzing all banding information. Government and private sector scientists and waterfowl managers tag and monitor migratory waterfowl every year. This banding information helps them to assess population numbers and track their movement patterns. You may also be asked to provide information about weather and any other waterfowl the goose was flying with when taken. Please go to www.reportband.gov to report banded birds.


Capturing largemouth bass for a home aquarium?
Question: One of my friends has a large aquarium and is interested in putting some largemouth bass in it. I would like to know what the regulations are for catching a largemouth bass in a local lake and then transporting it live to his tank. It would never be released into a different body of water, and it would be taken legally. (Azure C.)

Answer: Transporting fish alive from the water where they are taken is prohibited (California Code of Regulations, section 1.63). Laws allowing certain species of live fish to be maintained alive in closed-systems do not authorize possession in home aquariums. Your friend can legally buy bass for his or her aquarium from a licensed aquaculturalist, as long as he or she does not release it into the wild.


Qualifications for a disabled access hunting site?
Question: I have always enjoyed duck hunting but now after several orthopedic surgeries on my hips and knees, I have considerable difficulty in walking. In the outdoors I must use a staff and can go about 100 yards on a level surface before resting. I am not currently confined to the use of a walker, crutches or a wheelchair, however, in the light of my walking disability, would I be eligible to apply for a disabled access hunting site? I have a permanent disabled person parking card and I hold a Lifetime License. (Vivian N., Marysville)

Answer: Yes, you qualify because you possess a permanent disabled parking placard. To hunt at a disabled accessible hunting site, you must have one of the following:

  • a permanent disabled parking placard, and the paperwork from the Department of Motor Vehicles showing that the placard was issued to you;
  • a disabled veteran license plate and the paperwork from the Department of Motor Vehicles showing that the plate was issued to you; or
  • a mobility impaired disabled persons motor vehicle hunting license.

You might also be interested in the special hunts for disabled persons conducted through the California Department of Fish and Wildlife (CDFW) during pheasant season. Information about these hunts can generally be found on our website in the fall prior to the season opener, at https://nrm.dfg.ca.gov/DFGSpecialHunts/Default.aspx.

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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.