Tag Archives: invertebrates

Stowing Gear through Marine Reserves?

Posted on May 16, 2013 | Leave a comment
Fishing gear shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area. (Photo by Carrie Wilson)

Fishing gear shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area. (Photo by Carrie Wilson)

Question: I would like a definition of “stowed” in regard to fishing gear while transiting a state marine reserve. The reason I ask is that a sport fisherman reported he was stopped by a patrol boat at the Channel Islands and told he could have been cited for having his rods in the rod holders. He was told he should have had them in his small cuddy.

It does not seem reasonable to require my buddies and I “stow” all our rods and reels in my cabin every time we need to make a move across a state marine reserve. Or when we are at an island, we should not be required to drive six miles out, then whatever distance across, and then back in another six miles … at $4 or more a gallon. All of this would be quite a hardship for those of us fishing from private sport boats just to stow our fishing gear when maneuvering around state marine reserves. (Fred H., Anaheim)

Answer: There is no requirement for equipment to be stowed under the Marine Life Protection Act laws covered in section 632 of the California Code of Regulations Title 14. CCR Title 14, section 632(8) covers the law you are referring to as follows:

Transit or Drifting. Vessels shall be allowed to transit through marine protected areas and marine managed areas with catch onboard. Fishing gear shall not be deployed in the water while transiting through a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area.

How to catch an octopus?
Question: My Italian grandmother asked my brother and me to bring home some fresh octopus so that she can make her favorite pasta dish. The only problem is we don’t know how to catch them. Can you help us out? (Joe K.)

Answer: You will have to be creative on this one. Fortunately, there are no size limits on octopus and the bag limit for each of you is 35 (CCR Title 14, section 29.05(a)). California sport fishing regulations allow you to catch them only by hook and line or with the hands (CCR Title 14, section 29.10(a)). You cannot catch them with traps or spears. The most common way to successfully catch them in California is by hand while diving with snorkel or scuba equipment. It’s also unlawful to use any chemicals, such as bleach, to attempt to disturb octopi from their hiding locations.

Use of electronic calls out of season?
Question: I was wondering if it is legal to use electronic calls for animals and birds out of season for things such as bird watching or scouting? I have heard yes and no from different people, so I want to clarify. Also is it even legal to call with non-electronic calls out of season? (Taylor F.)

Answer: Yes, this would be legal as long as you do not have any methods of take with you. The prohibition against electronic calls only applies when “taking” birds/mammals (Fish and Game Code, section 3012 & CCR Title 14, section 475(b)).

Don’t eat those mussels!
Question: Yesterday we collected a few mussels at low tide at Chicken Ranch Beach with the kids (past the Inverness Yacht Club). They are of a decent size, about 3 to 4 inches, and all black. Are they safe to eat? (Ben)

Answer: Don’t eat those mussels! There is currently an advisory out against consuming sport-taken shellfish in Marin County – please see www.cdph.ca.gov/Pages/NR13-009.aspx . A great Q&A about mussel quarantines is located at www.cdph.ca.gov/Pages/MusselQuarantineFAQ.aspx. The California Department of Public Health shellfish biotoxin information line is (510) 412-4643 or toll-free at (800) 553-4133 – you can check with them at any time to see whether there are advisories in effect for your area. And finally, the California Department of Fish and Wildlife (CDFW) posts advisories on the CDFW website at www.dfg.ca.gov/marine/healthadvisory.asp.

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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.

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Posted in Food/Health, Invertebrates, Methods Of Take, Methods Of Take, Tackle, Uncategorized, Wildlife Encounters

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Collecting Roadkill Raptors

Posted on April 4, 2013 | Leave a comment
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.

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Posted in crabs, Fish and Game Code, Import/Export, Incidental Take, Invertebrates, Licensing/Permits/Stamps/Report Cards, Lines/Rods/Equipment, Methods Of Take, Tackle, Taxidermy, Uncategorized

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Why Don’t Wardens Release All Poached Animals?

Posted on March 21, 2013 | Leave a comment
Game Warden Kyle Kroll with K-9 detection dog, Buck, and the 57 poached abalone that they seized (Photo by Debra Hamilton for CDFW)

Game Warden Kyle Kroll with K-9 detection dog “Buck” and 54 poached abalone that they seized (Photo courtesy of CDFW)

Question: I support the work of the California Department of Fish and Wildlife (CDFW) and want to congratulate and say thank you for all your services. However, I was watching an episode of “Wild Justice” recently and something didn’t seem right about the way the game wardens carried out a couple of operations. On the show, game wardens busted a poacher with 42 abalone. The wardens spied on a group and knew they were fishing illegally, so why didn’t they stop them when they came back to the beach? Why did the game wardens allow the group to pull the abalones away from the beach and wait? By the time you guys busted the group, all 42 abalone were dead. My 4-year-old daughter couldn’t understand why you didn’t catch the poachers as soon as they hit the beach so the abalone wouldn’t have had to die. Can you please give me an answer so that I can explain it to her? (Christopher R.)

CDFW K-9 detection dog with a poached abalone she seized (Photo by Debra Hamilton for CDFW)

CDFW K-9 detection dog “Coco” with a seized poached abalone (Photo courtesy of CDFW)

Answer:  Wardens are often faced with the dilemma of when to make contact on a poaching case. According to CDFW Lt. Patrick Foy, there are circumstances where a warden can make an excellent poaching case, contact the perpetrator, and return the live animals to the water/or wild. Those cases usually result in a fine. There are other times, such as the one you reference, where an effort needs to be made to prove that the perpetrator’s actions weren’t just a one time occurrence by a person who wasn’t aware of the law. If a warden can document that the perpetrator’s actions were planned, and intended to make a profit poaching wildlife, it is called commercialization. Commercialization cases are difficult to make, but when a warden makes them, they can lead to life-time revocation of fishing privileges, steep fines, and even jail terms. The wardens in the case you watched made the judgment that the loss of 42 abalone was necessary to permanently take the poachers out of business.

Wolves from another state?
Question: Is it legal to hunt and bring a wolf hide from another state into California? (Stephen H.)

Answer: It is legal to bring a wolf hide legally acquired in another state or province into California. You are required to complete a declaration of entry pursuant to section 2353 of the Fish and Game Code when the hide enters the state.

Fishing for crayfish in a stream closed to other fishing?
Question: Can crayfish be taken from a trout/steelhead stream closed to fishing?

Answer: Yes, taking crayfish by legal methods other than hook and line is allowed in streams closed to fishing. (See California Code of Regulations Title 14, section 5.35(e).)

Vintage Native American jewelry?
Question: I realize buying and selling bear claws is prohibited in California, but is there an exception in the law for vintage Native American jewelry? These old pieces often include bear claws in their designs, which are an important part of their culture. (Neil Z., Burbank)

Answer: No. The purchase or sale of the pieces or parts of any bear is prohibited in California. The law does not provide any exception for bear parts used in Native American art or ceremonial pieces of any age (Fish and Game Code, section 4758).

Maximum number of crab traps allowed?
Question: What is the maximum number of crab traps allowed for recreational fishermen? I see a limit of 10 hoop nets but nothing for traps or pots in the regulations. I’m fishing the Bodega and Tomales areas.

Answer: North of Pt. Arguello (just north of Pt. Conception), a recreational fisherman may use any number of crab traps or pots except when fishing from a public fishing pier, where the limit is two fishing appliances, such as crab traps or pots, per person.

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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.

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Posted in Abalone, crabs, Fish and Game Code, Import/Export, Invertebrates, Religious/Cultural Use, Selling animal parts, Title 14, Transporting Taken Animals, Uncategorized

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