Tag Archives: invertebrates

Deer Hunting in an Area Closed Following a Fire

Mule deer on scenic hillside (USFWS photo)

Mule deer on scenic hillside (USFWS photo)

Question: My son and I have drawn G37 tags. We have been trying for 15 years to draw this once-in-a-lifetime hunt. My concern is that the U.S. Forest Service (USFS) has closed a big portion of this area because of the Rim Fire and the El Portal Fire. Is there anything that the California Department of Fish and Wildlife (CDFW) can do to get these closed areas open? We don’t want to exchange our tags for the G37 hunt, we would like the USFS to open the closed areas that are in the G37 zone that burned. We and the other hunters would appreciate whatever CDFW can do for us. Thank you. (Dennis and Brent S.)

Answer: Unfortunately, there’s nothing we can do to require them to reopen the burned area. The fire closures are implemented whenever the USFS decides they are warranted. The best we can do is to refer you to the USFS district office so you can talk directly to those making the decisions. That might be your best hope.

And regarding your tags, even if you did want to exchange your tags, there are no refunds for deer tags. There are no exchanges for premium tags either. We can exchange restricted and unrestricted deer tags provided the following: 1) the earliest season for their zone has not already started, 2) tag quota for the tag they want to exchange is not yet filled, 3) tags remain in the zone they want to exchange for, and 4) you pay the current exchange fee. For more details, please check California Code of Regulations Title 14, section 708.14(j).


Shark took my salmon!
Question: While fishing off of Shelter Cove for salmon a while back, a large shark latched onto a salmon hooked on the line. After a few minutes of fight, the shark raised its head out of the water and bit through the salmon it had in its jaws, leaving the salmon head and 6 to 8 inches of flesh. My question is, by regulation, do we have to count the head as one of our take? We kept the head in the fish box and salvaged as much of the flesh as we could so as not to waste resources. (Rick W., Shelter Cove)

Answer: Since you landed the remainder of the salmon, you must count the fish toward your bag limit. However, since the fish was not retained in a whole condition, it would have been illegal to possess since it could not be measured to determine if it met the legal length requirement. So, while salvaging as much of the flesh as you could so as not to waste resources may have been the “right” thing to do, legally, you should have sent the head and remaining carcass back to the ocean to let other marine organisms utilize it. And if you had sent the carcass back down without salvaging the remainder of the fish, it would not count toward your daily bag limit.


How to pay for not returning lobster card?
Question: I did not return my lobster card last season, and I would like to know how/where I can pay my fine so I can get another card for this coming season.

Answer: When you go to purchase your 2014-2015 lobster report card, the clerk should tell you that you need to pay your $20 non-return fee first. After paying this fee, you should be able to purchase your new lobster report card.


Nonlead for all hunting on a wildlife area?
Question: I won a G12 deer tag this year (either sex shotgun only, Gray Lodge Wildlife Area). Because this is a popular waterfowl hunting area, am I legally allowed to use lead slugs or do I need to use nonlead slugs? (Philipp K.)

Answer: Yes, you may use lead slugs. In 2014, the use of lead slugs to hunt on state wildlife areas is not prohibited. However, this may be the last year that you can use lead ammunition for big game at the Gray Lodge Wildlife Area. In 2013, Assembly Bill 711was approved by the Governor and chaptered into law by the Secretary of State. AB 711 added several sections to the Fish and Game Code, one of which (3005.5(b)) requires a complete ban on the use of lead ammunition when taking wildlife for any purposes anywhere in the state by July 1, 2019. This section also requires the Fish and Game Commission to develop a phase-in regulation by July 1, 2015, designed to impose the least burden on California’s hunters while still implementing the intent of the law. (For more information regarding implementation of AB 711, please go to http://www.dfg.ca.gov/wildlife/hunting/lead-free/.)

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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.

How to Fish the Lobster Opener?

California Spiny Lobster (CDFW photo by Derek Stein)

California Spiny Lobster (CDFW photo by Derek Stein)

Question: I know that lobster season opens at 12:00:01 Sept. 27, 2014. If the hoop wet time is a maximum two hours, can I drop my hoops at 10:15 p.m. Sept. 26, 2014 and pull them after midnight? (George G.)

Answer: No, attempting to take lobsters is “fishing” and so if you drop your hoop nets before the season officially opens, you will be fishing out of season. Lobster season officially opens during the first minute of the first day of the season (12:00:01 a.m., Saturday, Sept. 27). The two hour wet time requirement is designed to require the net to be checked every two hours once it is legally in the water. So this means that even if you legally drop your hoop nets in the water a second after midnight, they must be serviced by 2:00:01 a.m.!


Protocols for packing deer out?
Question: I am preparing for my deer hunt and planning to hike 2½ miles one way into a place to try to harvest my deer. If I am successful I will need to pack the animal back out by myself, and this may be an all-day sucker. If this animal is large enough, I am probably going to have to quarter it and hump it out. If this is the case, do I take the head and antlers out with the tag on them, then make successive trips back in, or how do people normally do this? I don’t want to take the head out and put it in the back of my truck, risking someone might take it, and then bring another load out and find I have no evidence. Do you have a suggested protocol I should follow? Thanks. (Rick L.)

Answer: Most hunters in your situation like to bring a small saw to cut the antlers and skull cap from the head as you are not required to keep the whole head of a deer you legally harvest. The law requires that upon taking a deer, you must immediately fill out the tag completely and attach it to the antlers (or ear if an antlerless hunt) and then keep it for 15 days after the close of the season. In your case, the antlers and skull cap could be placed in your locked car in a box or plastic bag until all your meat is hauled out. Depending upon the type of terrain and the size of the deer, many hunters either take out quarters of their deer, or elect to bone it out in the field.

You might also consider using a game-carrier with wheels so that you can keep your game with you at all times while packing it out. Any wildlife officer that contacts you during this process will likely want to check your tagged antlers, but wildlife officers understand that it isn’t always possible to carry the whole deer to your car in one trip.


Ocean salmon loophole?
Question: There has been a lot of discrepancy recently due to a bit of a loophole in the ocean salmon regulations. I have been given different answers by a number of people and would like to have it clarified. I live in Santa Cruz, and in the past few weeks there have been a lot of incidental salmon catches in shallow water while targeting rockfish or lingcod. Because it is entirely incidental catch, I don’t see a problem keeping it even though it was caught on a barbed hook. As long as it was of legal size and landed with a net, it should be ok. Of course, if you choose to keep it you would have to switch to salmon-legal gear, but until you did keep one, you can’t prevent one from slamming an iron as you’re reeling up. So basically, if I am targeting rockfish using the appropriate gear, and I catch a salmon while doing so, could I land it using the required net, and if it was 24 inches, keep it and then resume fishing with salmon legal gear? (Azure C., Santa Cruz)

Answer: You are incorrect about a loophole. It is unlawful to take salmon (north of Point Conception) with a barbed hook, period. No more than two single-point, single-shank barbless hooks shall be used and no more than one rod per angler when fishing for salmon or fishing from a boat with salmon on board. If an angler hooks a salmon while fishing for rockfish using barbed hooks, the fish must be immediately released.


Auto hook setter legal?
Question: I do a lot of fishing in lakes and the Delta. Can an auto hook-setter be used on local lakes and rivers? Please help! (Anonymous)

Answer: Yes.

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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.

Fish Parasites – Will Cold Smoking Kill Them?

(CDFW photo by Debra Hamilton)

(CDFW photo by Debra Hamilton)

Question: I recently caught a number of trout that had what I believe to be parasites called “Lernaea” attached to them in various places. I know after reading another posting from this column titled “Parasites and Trout” that these “are killed during cooking, effectively eliminating any possibility of infecting humans eating the fish,” but I am considering smoking them. Would these parasites pose any threat if the trout were cold smoked rather than cooked, or would the curing that takes place eliminate any threat as well? Presumably if they were hot smoked there would be no threat because the fish are then cooked. I appreciate any info you can provide. Thanks. (Keith R.)

Answer: First off, Lernea and other external parasitic copepods of fish are not transmissible to humans.

As far as fish brining and smoking (even hot smoking), according to Dr. William Cox, California Department of Fish and Wildlife (CDFW) Program Manager of Fish Production and Distribution, there are other parasites that warrant more serious consideration, such as anasakine nematodes and human tapeworms. These parasites are not reliably killed by brining, smoking or even freezing. The only way to ensure they are killed is to thoroughly cook your fish. Generally, we are not worried about those parasites in freshwater fish caught in California. But, nematodes are a concern and they are commonly found in saltwater fish of all species.

For any additional questions related to human health issues, please contact the California Department of Public Health www.cdph.ca.gov.


How are deer hunting zones determined?
Question: What is the history of the deer hunting zones in California and how were they formed and decided upon? I assume the decision on the zone boundaries, tag quotas, seasons, etc. involved the Fish and Game Commission, science gathered by wildlife biologists and land managers, the public, etc. When did the random drawing fund-raising tags for big game begin? (Travis B.)

­Answer: California deer zones were originally developed in 1978 to reduce deer hunting pressure in certain areas of the state. Here’s how they came about.

In the late 1940s and early 1950s, there was a tremendous demand for lumber to satisfy a growing demand for housing. Timber harvest created large areas of early successional habitat upon which mule and black-tailed deer thrived. By the 1960s and 1970s, changing land use practices began to change the landscape. Fire suppression, grazing and commercial/residential development projects caused the loss or degradation of deer habitat. With the reduced areas of deer habitat (and land available for hunting), the result meant higher concentrations of hunters in certain areas.

As land use practices changed and deer habitat was lost, by the winter of 1966-67 significant decreases in deer numbers were also observed. These low deer numbers were likely due to a combination of factors including habitat loss and degradation, and severe winter conditions.

Harvest numbers continued to show a downward trend into the 1970s and it was during this time that CDFW began to implement more conservative deer hunting regulations. Fewer deer and intense hunter pressure (particularly on mule deer) required new conservation measures to sustain deer populations. To relieve hunting pressure on mule deer, the decision was made to go to a zone system.

In 1978, CDFW used the best available information (along with the public’s input) to establish hunt zones that reflected the biological needs of the state’s 81 deer herds and their associated habitats. Currently, California has 44 hunt zones with some designated as premium hunts available through a lottery system. The zone/tag quota system currently in place is the result of the changes that began in 1978.


Handing off?
Question: Can two people be in a boat (both with licenses) with one person diving and handing abalone to the other person on the boat? (Janet R.)

Answer: No. Abalone may not be passed to another person until they are tagged and recorded on the abalone report card. “Cardholders … shall not transfer any abalone from his or her immediate possession unless they are first tagged and recorded on the report card” (CCR Title 14, section 29.16(b)(1)). After they are tagged and recorded, the diver can give his or her daily bag limit of abalone to the other person, but the diver cannot take any more abalone that day.


Can mice be used as bait?
Question: Is it legal to use mice as bait for stripers and bass? (Chris M.)

Answer: Despite the fact that there are many artificial lures on the market that look like mice, real mice may not be used in inland waters. Only legally acquired and possessed invertebrates, mollusks, crustaceans, amphibians (except salamanders), fish eggs and treated and processed foods may be used for bait (CCR Title 14, section 4.00). In ocean waters, there are no restrictions on using mice as bait for stripers.

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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.

How to Notify a Wildlife Officer of a Concealed Weapon?

CDFW photo

It’s always a good practice to verbally notify any law enforcement officer that you are carrying a firearm. (CDFW photo by Debra Hamilton)

Question: A while back I was fly fishing for steelhead on the Klamath River. While on the river I was approached by a boat of wildlife officers and asked to present my fishing license and steelhead punch card, and to show that my flies were not barbed. All was good and the officers were very friendly and professional.

At the time, I was also carrying a concealed, unloaded pistol (with rounds in the magazine but not chamber) in my fishing vest (as allowed under California Penal Code, section 25640). I was not asked by the oficers whether I was carrying any firearms, nor did I disclose that I was. I do not have a concealed carry weapon permit, but do carry concealed in accordance with PC 25640.

Here are my questions:

  1. Am I required by law to notify the officers that I am carrying a concealed weapon when stopped?
  2. If I am required by law to notify an officer of a concealed weapon, is there a preferable way for me to do so (e.g., immediately upon engagement)?
  3. If I am not required to notify the warden(s) of my concealed firearm, is it just smart, regardless of the law, to do so anyway?

I have a lot of respect for California Department of Fish and Wildlife (CDFW) officers and appreciate the important work they do. Thank you. (J. Wellington)

Answer: Although it is not required by law, it is always a good practice to notify any law enforcement officer verbally that you are carrying a firearm. This should be done with your hands visible. Tell the officer where the firearm is located and understand that the officer will likely remove it from you during the contact and return it to you when the contact is over. Never make any movement toward the firearm and never conceal your hands.


Selling framed abalone shells?
Question: I’ve been diving for abalone for years. After I get them home, I clean and polish the whole red abalone shell, and they are absolutely beautiful once the process is done. I like to give them away as gifts to friends, family, neighbors and strangers. I know that I cannot profit from any California game/wildlife. I want to build frames out of old barn wood and drift wood and then put the abalone in the middle of the frame. Instead of a painting of a shell in a frame, it would be an actual shell. My question is whether I can sell the frames for money and then gift the shell to the buyer? If I can do this, how do I do it legally for both parties? Thank you for your time and services in the office and out in the field. (Tom M.)

Cleaned and polished red abalone shell (Photo by K. Karpov)

Cleaned and polished red abalone shell (Photo by K. Karpov)

Answer: Great question, but the answer is no. You cannot sell a framed abalone shell even if you say you are only selling the frame and not the attached shell.

“Sell” includes offer or possess for sale, barter, exchange, or trade (Fish and Game Code, section 75). According to CDFW Lt. Dennis McKiver, the only way you could sell the frames legally is if when you are selling the frame, the person buying the frame has no idea that you are offering an abalone shell to go with it. If the person has been made aware that if he buys a frame, you will give him an abalone shell to go with it, then you would be guilty of selling abalone shells.


How many hooks allowed when fishing for ocean bass?
Question: I live in Ventura County and do a lot of ocean fishing. I recently saw a fishing program on TV and the captain of the sport boat was throwing an Alabama rig. This rig had five leadhead jigs on it and each one had a hook. He was fishing around kelp beds and catching calico bass with the rig. Is that type of rig legal in the ocean and how many hooks can you fish with? I know you can only use two hooks when fishing rockfish, but how many hooks can you use to fish for ocean bass? (Randy)

Answer: There is currently no limit on the number of hooks that can be used to take kelp (calico) bass. The number of hooks that can be used in the ocean is restricted when rockfish and salmon fishing (see California Code of Regulations Title 14, section 28.65), or when salmon or rockfish are aboard. If you happen to catch a rockfish, greenling, cabezon or lingcod while fishing for calico bass, it would not be legal to keep them. If you already had any of these species on board, it would also not be legal to fish with more than two hooks.

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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.

Why No Abalone Diving/Picking Before 8:00 a.m.?

Abalone free diver (Photo by Ken Bailey)

Abalone free diver (Photo by Ken Bailey)

Question: Why are abalone divers and pickers now required to wait until 8:00 a.m. to begin? Can divers still go spear fishing at the normal legal start time or take early morning photos, then switch over to abalone diving at 8 a.m.? (Anonymous)

Answer: The new 8:00 a.m. start time is an abalone conservation measure. It reduces the number of low-tide days people will be able to take abalone by rock picking (searching amongst rocks for abalone at low tide). During the spring, many low tides occur much earlier than 8:00 a.m.

This regulation change originated from the concerns of wardens who were witnessing large numbers of fishermen coming each and every low tide and taking large numbers of abalone. In addition to all the legal-sized abalone being taken, people were removing numerous undersized abalone while trying to find legal ones. Because undersized abalone often do not survive being removed and returned, they are likely to die. Thus, the impact on the fishery when this happens is probably much greater than the estimated legal catch (over 200,000 abalone annually in recent years).

Some people were also using the dim light before dawn to hide illegal activities. Wardens believe the later start time will aid them in enforcing regulations by moving early morning abalone fishing activities to hours with better daylight. The effect of the new start time on total catch is uncertain because people could shift to later hours or the days with low tides after 8:00 A.M. Although there may be a reduction in overall take based on the 8:00 A.M. start time, the increased enforcement benefit is clearly going to assist with compliance of the regulations. Once the data from the change has been analyzed, CDFW will be able to evaluate what the overall benefit to the abalone resource was.

Divers wanting to go out before 8 a.m. to spearfish or do underwater photography can do this as long as they don’t have the means of taking abalone or are searching for abalone before the official state time. If their activities appear to a warden to be taking or searching for abalone before 8 a.m., then they can be cited.

Abalone pickers

Wildlife Officers watch from the bluffs for violations by abalone divers and pickers (Photos by K. Joe)


How to stop people who are not obeying the rules?
Question: I was watching two boys catch a lot of trout (at least 40) and they were handling these fish after landing them in the dirt. They would pick and choose which ones to keep and throw back the small ones, most of which soon died. I was appalled by their lack of respect and sportsmanship, and when I approached their father his reply was, “Who are you to say how many we have? We don’t have a full basket!” The last time I needed to call law enforcement to this county park they couldn’t find the park until after the offenders had left. How can we stop these types of people from ruining the opportunities for others? (Gerry)

Answer: The best thing you can do is to record as much information about the location, situation and descriptions of people and the vehicle(s) they are driving (including make, model, color and license plate number). Provide all of this information at your earliest convenience to our CalTIP hotline at 1-888-334-CalTIP(2258). Leave a message if need be, with contact information, and a warden will receive this information. If officers are in the area when you call, they will come. If they are not able to arrive in time to catch the people who are breaking the laws, they will be aware of the situation and looking for the offenders the next time around.


Problems with crows and ravens – depredation permit an option?
Question: Why is there such a limited season on hunting crows? I suspect they are covered under the Migratory Bird Treaty Act, but they are a nuisance species. I run into a number of landowners who have problems with crows with regards to crop damage, etc. Many of these landowners say that based on size, they also have ravens which are also damaging. I know there is a crow hunting season, but what about ravens? I also know “corvids” are very problematic predators for song birds and marbled murrelets on the coast. Can landowners get a depredation permit for either species, and if so, where? (Patrick R., Santa Rosa)

Answer: You just missed the hunting season for American crows, which runs from Dec. 7 through April 9. Ravens cannot be hunted. The regulations allow for landowners to destroy (shoot) crows that are damaging farm fields or other crops (CCR Title 14, section 472(d)).


Lifetime license holder moves out of state
Question: If, while a California resident, I purchase either a lifetime fishing or hunting license, will that license still be valid if I subsequently establish residency in another state? (Greg L., Mission Viejo)

Answer: Yes. You must be a resident to purchase the license, but after it is purchased, it will be valid for use in California for the rest of your life, regardless of where you reside.

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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.

How to Identify Hatchery vs Wild Trout

Angler with a wild Klamath River Steelhead that was soon released. (DFG Photo)

Angler with a wild Klamath River Steelhead that was soon released. (CDFW Photo)

Question: How do you tell a hatchery trout from a wild trout in Central Valley rivers? The regulations for the Stanislaus River below Goodwin Dam state you can keep two hatchery trout or hatchery steelhead. Hatchery steelhead have clipped adipose fins. If I catch a trout and it has an adipose fin, do I just assume it’s not a hatchery trout? (Judi A.)

Answer: Hatchery trout or hatchery steelhead are those showing a healed adipose fin clip (adipose fin is absent). Unless otherwise provided, all other trout and steelhead must be immediately released. Wild trout or steelhead are those not showing a healed adipose fin clip (adipose fin is present) (California Code of Regulations Title 14, section 7.50).


Squirrels for crabs
Question: Can legally taken California ground squirrels (a non-game mammal) be used for bait in Dungeness crab traps? (Bret H.)

Answer: Yes, ground squirrels can be used as bait, but remember they are also vectors of a number of flea borne diseases, so use caution when handling them.


Hunting around my house
Question: I live in a rural area. Can I legally hunt within 150 yards of my own residence? Can I hunt within 150 yards of anyone else’s if I have their written permission? (Jess K.)

Answer: Yes. These are safety zone restrictions but as long as there are no other local laws or ordinances that prohibit hunting or the discharge of a firearm, then you can hunt within 150 yards of your own residence or any other residence where you have obtained express permission of the owner or person in possession of the premises (FGC section 3004(a). (LED Feb 14)


Catch and release fishing during a closed season
Question: In the freshwater regulation hand book under Section 1.38 it states: “CLOSED SEASON. That period during which the taking of fish, amphibians, reptiles, mollusks or crustaceans is prohibited.” This leads to my question regarding whether a person can still fish during a closed season as long they release all the fish they catch? In other words, I would practice catch and release and use barbless hooks to protect the fish from further harm. The regulation restricts the taking of fish, but no fish will be taken. I am very confused. Can you help clarify? It’s kind of twisted and confusing. (Robin O.)

Answer: Fishing during a closed season is prohibited, period. Even though you don’t intend to take any fish away with you, the definition of take is to “Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempting to do so” (CCR Title 14, section 1.80). Therefore, despite your best methods, even the attempt to fish is prohibited.

There are few exceptions, but the take of crayfish other than with hook and line is authorized when a stream is otherwise closed to fishing (CCR Title 14, section 5.35(e)). Typically, crayfish may be taken only by hand, hook and line, dip net or with traps not over three feet in greatest dimension (CCR Title 14, section 5.35). Most crayfish have no limit and the season is open all year. However, Shasta crayfish are protected and so there are specific river and lake closures listed for their protection in the 2014-2015 California Freshwater Fishing Regulations booklet (see page 21), as well as online at http://www.dfg.ca.gov/regulations/. Look for subsection (d) of this section for the closed waters to avoid.


Taking crabs by SCUBA
Question: I am heading to the beach this weekend, I bought a fishing license and I am planning to do some SCUBA diving. Can I take a big bag with me and collect up to 35 rock crabs from the ocean using SCUBA? (Jimmy P.)

Answer: Yes. Take of all crabs of the Cancer genus, except Dungeness crabs, but including yellow crabs, rock crabs, red crabs and slender crabs is allowed all year. While using SCUBA, crabs may be taken by hand only with no hooked devices in possession (CCR Title 114, section 29.80(g)).

The limit is 35 and the minimum size is four inches measured by the shortest distance through the body, from edge of shell to edge of shell at the widest part, except there is no minimum size in Fish and Game districts 8 and 9 (around Humboldt Bay). They may be brought to the surface of the water for measuring, but no undersize crabs may be placed in any type of receiver, kept on the person or retained in any person’s possession or under his direct control; all crabs must be measured immediately and any undersize crabs must be released immediately into the water (CCR Title 14, section 29.85 (b)(c)).

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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

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.