Tag Archives: Licenses

What’s the Level of Wildlife Officers’ Search Authority?

CDFW Wildlife Officers have broad search authority. Hunters and anglers are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife.

CDFW Wildlife Officers have broad search authority. People are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife (CDFW photo)

Question: Do California Department of Fish and Wildlife (CDFW) wardens have the authority to search a sportsperson’s truck, boat, cooler, etc. without a warrant or probable cause? If so, how would an abalone check point (for example) not be a blatant violation of the Fourth Amendment of the constitution? I’m all for stopping poachers, but not at the cost of violating what makes our country so special. Thanks. (John McClellan)

Answer: In the hunting and fishing context, wildlife officers are authorized to conduct compliance inspections that would likely require warrants or probable cause in other contexts. Hunting and fishing are highly regulated activities. The fish and wildlife belong to the people of the state and not to any individual. Many states, including California, recognize this and have enacted statutes to allow Wildlife Officers to conduct regulatory inspections when interacting with those who are engaged in hunting and fishing activities. Some of these include:

• Authorization to inspect boats, buildings other than dwellings, and containers that may contain fish or wildlife (Fish and Game Code, section 1006)

• Authorization to “enter and examine any…place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or to board any fishing boat…or vehicle or receptacle containing fish…and may examine any books and records containing any account of fish caught, bought, canned, packed, stored or sold.” (Fish and Game Code, section 7702)

Also, people are required to exhibit upon the demand of a wildlife officer all licenses, tags, wildlife, and any device or apparatus designed to be, and capable of being, used to take wildlife (Fish and Game Code, section 2012)

The courts have consistently upheld these inspection authorities. As for check points, CDFW has used check points for the past 25 years as a focused and effective means of educating resource users and deterring violations of our wildlife laws. In a state as vast as California with a population of over 38 million people and with a staff of only 400 sworn officers, CDFW needs to ensure that the funds and manpower resources we have are put to the most efficient use possible. Conducting checkpoints allows us to contact thousands of people who are using our public trust resources with a handful of officers. For those who are not using our public trust resources, the check points provide us an opportunity to educate them about our state’s wildlife resources and our role in protecting those resources. The courts have established minimum standards that must be followed when we conduct checkpoints, but just like DUI checkpoints, wildlife checkpoints have been upheld by the courts.


Helping friends fill their deer tags?
Question: If a group of friends go hunting for a week, and one of the hunters tags a buck on the first day, can he continue to carry his loaded rifle with him and help his friends fill their tags? If not, can he only help with spotting and drives without a weapon? (Rod P., Napa)

Answer: Once a hunter takes a deer and fills his tag, he may accompany other hunters but cannot assist them in any way in the take of additional deer. In addition, he should leave his rifle behind. Otherwise, if encountered in the field with a rifle or other method of take, wildlife officers may determine the person assisting the hunters is also actively hunting.


Fishing for rockfish and fishing crab snares simultaneously?
Question: Can a kayak/boat angler use one line to take rockfish and then fish a crab snare with another line? In this case, a hand line tied off to his kayak? (Anonymous)

Answer: The law requires that when fishing for rockfish, only one line with no more than two hooks may be used. However, in this case, an angler may also fish for crabs at the same time with a line that attaches to a crab loop trap because these traps will not likely catch rockfish. If approached by a wildlife officer, the angler should be prepared to explain up front that only one line contains two hooks for rockfish and the other line is attached to a crab loop trap. Remember that crab loop traps are restricted to six loops.


Pelagic red crabs
Question: The pelagic red crabs (tuna crabs) are drifting in with the warm El Niño waters and washing up on beaches everywhere. I’d like to use them for bait. Are there any regulations to be aware of? (Andrew S.)

Answer: The limit is 35 pelagic red crabs per day and 35 in possession. There are no size limits and they may be taken only by hand.

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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.

Must Hunters and Anglers Carry CDL with License?

Hunters and anglers should carry photo identification along with appropriate fishing/hunting licenses to properly identify who they are (CDFW photo by Debra Hamilton).

Hunters and anglers should carry photo identification, along with their appropriate hunting/fishing licenses, to properly identify themselves to wildlife officers when asked. (CDFW photo)

Question: While hunting or fishing, besides carrying the appropriate license(s), do I also need to carry my state driver’s license? I would prefer to leave it in my vehicle, but I also want to be sure I am in compliance with the law if I run into a game warden in the field. So my question is do I need to carry photo I.D. with my license? (Anthony B.)

Answer: You will need to verify that you are the person holding your own fishing or hunting license. Though photo identification is not mandated by law, being able to identify yourself properly is. If you cannot appropriately identify who you are, you may see yourself in an extended contact with the wildlife officer. If you’re getting cited for something, the wildlife officer may have to take you to jail until you can be properly identified. The bottom line is even though the law doesn’t state you must have photo identification in possession, it would benefit you greatly to carry photo identification, so you may properly identify who you are to the wildlife officer.


Family crabbing trip
Question: My family plans to take a trip to San Francisco this July. Is red crab season still open or is it open all year? If it is open, please let me in on some rules and regulations, such as the limit and the size? Where can I find more information about crabbing in San Francisco and ask more questions? (Kao X.)

Answer: Take of rock crab is open year-round. Red/yellow/rock crab are species that may be kept in San Francisco Bay (no Dungeness crab may be kept from the Bay, even during the open season). Rock crab and other non-Dungeness crab have a daily bag and possession limit of 35 crab that must measure at least four inches across (see California Code of Regulations Title 14, section 29.85(b) on pg. 50 of the current Ocean Sport Fishing regulations booklet).

There are a variety of piers where people go crabbing in the San Francisco Bay area. Try reviewing piers on the website www.pierfishing.com. A guide that shows the differences between the crab species is available online at www.dfg.ca.gov/marine/dungeness_crab.asp#cancroid.

Be sure to review the above subsection thoroughly for further fishing regulations that pertain to rock crab (bag limit, size limit, etc.). For more information about crab, you can visit our Invertebrate Management Project webpage at www.dfg.ca.gov/marine/invertebrate/crabs.asp.


Transporting cleaned and portioned fish
Question: If I take a long road trip with my boat in tow and catch fish over a few days, my concern is that while I will only have legal quantities in possession, the fish will be cleaned, portioned and vacuum sealed before I return home with my boat in tow. I know it’s legal to clean fish after I am at my vacation home, but in this this situation the quantities of yellowtail, yellowfin, white sea bass, etc. would be impossible to determine even though I am within the possession limits. How would a wildlife officer deal with this situation if I was stopped on the roadtrip home with a cooler full of vacuum sealed fish? (Charlie C.)

Answer: Unless the regulations specifically require that a fish be kept whole until being prepared for immediate consumption, such as lobster and abalone, you may clean and store your fish in any condition you want to, once they are brought ashore. In similar situations, people have chosen to package each fish separately, and retain the carcass, so that if stopped by a wildlife officer, they could show the officer the legal-sized carcasses, which would also aid in identifying the species of fish. That still would be more complicated than if you hadn’t chunked up the fish, but it would be better than a bag of nondescript cubes of fish. If the quantity appeared highly excessive, a wildlife officer might use our Wildlife Forensics Laboratory to determine the exact quantity.


AO tags during rifle season?
Question: Can you use an Archery-Only tag during rifle season if you’re still using archery equipment as your method of take? (Eric C.)

Answer: Yes. The Archery-Only (AO) tag allows hunting with archery equipment only during the archery and general seasons in A, B or D zones and Hunt G10 (military only). You may not possess a firearm or crossbow when hunting under the authority of an AO deer tag, except as otherwise provided.

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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.

Koi-Eating Heron Needs a New Home

Great Blue Heron (USFWS photo)

Great Blue Heron (USFWS photo)

Question: We live in Valley Center (north San Diego County) and had a koi pond with 75 koi. We now have maybe 20 koi. There’s a huge great blue heron that is eating the koi daily. Is there a way for Fish and Wildlife to rehome this bird so that we can save our koi? (Julie Wright)

Answer: Unfortunately, the California Department of Fish and Wildlife (CDFW) does not remove or rehome great blue herons. They are federally protected. Your best bet will be to haze the bird by non-lethal methods and discourage it from hanging around. Try putting wire around and over the top of your pond to keep the heron from easily picking off your remaining fish.

Your fish may also be disappearing due to other unwanted predators. Koi are very enticing menu favorites for a number of other small backyard visitors, including domestic cats and raccoons. Unfortunately, when various small backyard wildlife become nuisance visitors, such as koi-stealing raccoons, or possums under houses, or squirrels in attics, or rattlesnakes in your garage, etc., CDFW cannot usually assist with removal/relocation. For all of these types of animals you would need to contact a pest management company for assistance, or visit UC Integrated Pest Management website for guidance. Their website is www.ipm.ucanr.edu/PMG/PESTNOTES/.

Back to the great blue heron, the USFWS provides guidance and permits for birds causing property damage. This is a common problem at larger live fish facilities, private hatcheries and aquaculture facilities. Check their website at www.fws.gov/migratorybirds/mbpermits.html.


Estimating distance from shore
Question: I have a question that’s a bit off the wall. If I am on the water, how can I accurately estimate when I am around one mile from shore? Assuming great visibility, if I am on a boat and standing 10-20 feet above sea level and I have 8x binoculars, how can I tell if I am less than or more than one mile from shore? I seem to recall someone saying to estimate half to horizon and then half of that. Does that sound correct? (Craig N.)

Answer: Because of swell conditions, it would be nearly impossible to estimate the distance from shore in the method you describe. The most reliable method would be to use a GPS or plotter. You can also use a compass pointed toward known locations on land and triangulate your position fairly accurately on a chart.


Abalone scouting before start time?
Question: I know I cannot start picking abalone until 8 a.m. I usually get to my spot around 7:30 a.m. If I leave all my gear on the beach, can I search the rocks to locate any abs that might be legal, mark the spots with my gloves and then at 8 a.m. go back and get them? Thanks for your assistance. (Larry P., Paradise)

Answer: Abalone may be taken only from 8 a.m. to one half hour after sunset. Take is defined as to “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill (Fish and Game Code, section 86). Searching and locating abalone prior to 8 a.m. as you describe is prohibited because it would fall within this definition of take.


When friends share in a hunt, does everyone need licenses and tags?
Question: Let’s say I plan to go hunting during the regular season and want to bring a friend or family member along, but I’m the only one who actually plans on taking game. Additionally, let’s say that I am the only one in possession of a firearm or archery equipment. Does everyone in my group need to have a hunting license and tag? If no, am I the only one in the group who needs both a license and a tag, and everyone else is okay with just a license? (Jeffrey Y.)

Answer: No one else in your group will need licenses or tags as long as they are only observing and are not carrying a method of take with them.

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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.

Explosive Numbers of Wild Turkeys Causing Havoc

Wild Turkeys (CDFW photo)

Wild Turkeys (CDFW photo)

Question: I live in the San Francisco East Bay and in my neighborhood there has been an explosion in the numbers of wild turkeys roaming freely and they are causing havoc wherever they go! These birds destroy flower beds and yards with their endless search for food. They relieve themselves frequently leaving a mess able to be tracked into peoples’ residences and family vehicles. A small child’s toys may even come into contact with their biological waste. These turkeys travel in large groups. I have even counted two separate groups numbering 25 large turkeys. They don’t have many natural predators except maybe larger dogs, but the turkeys steer clear of those yards. Cats only fear them. The only predator that can make a difference is MAN. Any suggestions? (Jimmy W.)

Answer: There are a few things that you and your neighbors can do. First of all, do whatever you can to discourage them from getting too comfortable on your property and becoming permanent residents. Talk to all of your neighbors to make sure no one is feeding or providing them water (e.g. fountains, dog dishes, bird baths, etc.). Also, make sure no one is leaving pet food out. You and your neighbors can always try hazing them with non-lethal methods, such as a quick spray with a hose or a motion-detecting sprinkler.

To curtail the problems with unwanted droppings under their roosts, remove the areas where they perch or else use bird spikes to make perches inhospitable. You can also try stringing visible lines to disrupt their flight paths. If none of these actions prove effective and the turkeys are causing substantial property damage, and if you’ve exhausted all other methods, your last option may be to contact the California Department of Fish and Wildlife (CDFW) for  issuance of a depredation permit to authorize the lethal removal of the turkeys. Relocating turkeys is not an option.


Can shore anglers use a kayak to drop baited lines over fish?
Question: While my wife and I were camping at Lake Comanche last week we observed two young men arrive in a pickup with a small kayak in the back. As they prepared to fish in the pond section, one of the guys took the kayak out to look for fish using his polarized sunglasses while the other set their rods up on the bank. Once the guy in the kayak found where the fish were hanging out, he went back to the bank and prepared four very large baits. One of the baits looked like roe and three others looked like chicken intestines. He then loaded them one at a time into his kayak and rowed back out to drop the baited lines over the fish he’d found while his friend held the rods on the bank. They repeated this action until all four baited lines were fishing. We didn’t stay around to see what they caught, but when they were leaving in the dark I asked them how they did. Their reply was that they’d caught several fish.

Were these men fishing legally? If not and we observe this action again, should we call CalTIP? (Robert H.)

Answer: Each angler could use bait to fish with two rods if they both had second-rod validations. If one of them handled all four rods while the other dropped the baits, it could be a problem because one person would then be angling with four rods. To comply with the letter of the law, they would have to switch roles after two of the lines were set. They could also only use up to three baited hooks on each line.


What’s wanton waste of fish?
Question: What would be considered deterioration or waste of fish? I understand that leaving them on the shoreline or in a garbage can would be waste, but would it also apply to using the whole fish as fertilizer or something like that? (Zach T.)

Answer: Anglers are expected to make reasonable efforts to retrieve and utilize any fish taken. It is unlawful to cause or permit any deterioration or waste of any fish taken in the waters of this state (California Code of Regulations Title 14, section 1.87). Although most fish taken under the authority of sport fishing licenses are utilized for human consumption, the regulation does not prescribe how fish are to be used.


Sturgeon card required for anglers under 16 years old?
Question: If I am taking fishermen that are under 16 who do not yet need fishing licenses sturgeon fishing, do they need sturgeon tags? (John B., Livermore)

Answer: Yes. Anglers under 16 are exempt only from having to purchase a sport fishing license. However, they must still purchase and carry report cards for any fishery with report card requirements and follow all other sport fishing regulations.

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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.

Late 8 a.m. Start Time for Abalone Unfair

Red abalone feeding on kelp at San Miguel Island (CDFW photo by Derek Stein)

Red abalone feeding on kelp at San Miguel Island (CDFW photo by Derek Stein)

Question: Just a note (complaint) … the start time of 8 a.m. for abalone is very, very unfair. The two lowest tides of the year are in May and June, and you just eliminated them. Rock pickers are put into a shorter collection time and can make even more hurried decisions to take an under-size ab off a rock. You are punishing all rock pickers and putting them in danger by forcing them to dive for abs when they are not good divers (thus, in danger of drowning). The 8 a.m. rule does not adversely affect the divers at all. You already closed off way over half the state of California. There is no way that abalone hunters can wipe out the abalone population. I go rock picking for abalone with six others and we all share these thoughts. (Fred M., San Francisco).

Answer: The California Department of Fish and Wildlife (CDFW) made recommendations to the Fish and Game Commission (Commission) to reduce the take of abalone because recent scuba surveys had shown lower numbers of abalone at popular abalone sites, particularly in Sonoma County.

According to CDFW Marine Environmental Scientist Jerry Kashiwada, the current Abalone Recovery and Management Plan (ARMP) recommends a 25 percent reduction in the take of abalone when the density (number of abalone in a standard area) reaches the low levels seen in the most recent surveys. Density in the Fort Ross area was so low it reached an ARMP “trigger” for closure to allow the abalone population to recover.

Abalone rock pickers

Abalone rock pickers (CDFW photo by K. Joe)

The Commission had a choice between the 8 a.m. start time, reduction of daily limit to two abalone, reduction of the limit on the abalone card, reduction of the season (more closed months), reduction of take for Sonoma and Marin counties or some combination those proposed changes.

The 8 a.m. start time was initially proposed by CDFW wildlife officers who had been seeing large numbers of rock pickers at all low tides and believed that segment of the fishery was unsustainable. The officers observed rock pickers were taking more time to find legal limits, were less likely to get a limit and were removing and returning more short abalone, many of which were unlikely to survive the handling. The later start time also helps officers by eliminating predawn fishing hours when the light is too dim to observe violations. The effect of the new start time was estimated using data from returned abalone report cards, but the actual effect is unknown since it depended on whether many people would shift to later hours. Data from abalone cards returned this year will provide a clearer picture of the effects of the regulation changes.

The timing of low tides is variable from year to year and while the 8:00 a.m. start reduces the number of low tides available, there usually are some days with suitable tides. The lower numbers of abalone being taken by rock pickers may make it easier to find abalone at higher tide levels than in the past. The activities of sport fishermen might not be sufficient to cause extinction of abalone species but they can reduce abalone populations to the point that the abalone are spaced so far apart that their chances of reproducing are very low. At low abalone population levels, many people might stop participating in the fishery because it is too difficult to find abalone. Reducing abalone populations to low levels also makes them more vulnerable to events like the 2011 die-off that affected abalone in much of Sonoma County.

CDFW is currently in the process of developing a Red Abalone Fishery Management Plan and revising sections of the ARMP. For more information, please visit the CDFW Invertebrate Management Project website.


Can a non-hunter carry an unloaded shotgun when with other hunters?
Question: While hunting on a game bird club, can a non-licensed, non-hunter carry an unloaded shotgun while walking with other hunters? (Anonymous)

Answer: While it may not technically violate the law for you to carry an unloaded shotgun without a license, by doing this with others who have ammunition and are taking game, it will likely generate many questions by the wildlife officer contacting you in the field. Whether or not you have a hunting license is not an element of “take.” You may argue you are not taking game, but the officer has sufficient evidence to prove you are. Do you really want to put yourself through the hassle of going to court? Leave the firearm behind if you want to go with your buddies while they are taking game.

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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 Don’t Licenses Run Annually from Date of Purchase?

Licensing photoQuestion: Why do fishing licenses run from Jan. 1 through Dec. 31 every year rather than from the date of purchase? For example, a person buys his/her license Dec. 1 only to find it expires the end of the month. Then by Jan. 1, they must purchase a new license for the full price. Why not let it go for one full year from the date of purchase? Hunting licenses too run from July 1 through June 30 of the next year. I think license sales would greatly improve if they were changed from date of purchase to the next year. Can someone give a rational answer, please? (Alan E., Los Angeles)

Answer: California has considered changing from a calendar-based sport fishing license to a license that is valid for one year from the date of purchase. But while this seems beneficial, when we looked at the issue thoroughly, we realized that changing to a license that is valid for one year from the date of purchase would significantly reduce funding for the California Department of Fish and Wildlife (CDFW).

According to CDFW License Program Analyst Glenn Underwood, several other states have made the change to a license that is valid for one year from the date of purchase, and so we contacted these other states to learn from their experiences. We found states that changed from a calendar year license to a license that is valid for one year from the date of purchase experienced a reduction in license sales from 10 to 30 percent in the three years following implementation. Experts from these states explained license purchasing patterns changed when the license system changed to one year from the date of purchase licenses. Customers tended to wait until the last minute to purchase a license, as they knew it would be valid for one year from that date. Then when their licenses expired, customers again waited to renew until they fished again, creating a gap in licensure. After a few years the sum of the gaps was often greater than a year and a complete license sale was lost.

Changing to a license that is valid for one year from the date of purchase would also reduce federal grant funding. Each state in the country receives federal grant money from the Sport Fish Restoration Act (SFRA) which is funding generated from federal excise tax on sales of sport fishing tackle and motorboat fuels. This program funds critical fish habitat restoration projects throughout the state, providing increased fishing opportunities for California anglers. A tiered system is used to allocate grants to the states. In 2014, California received the maximum grant of $16,287,011, which is five percent of the total available to all the states. Federal SFRA grant amounts are based partially on the number of licenses issued in each state. If California license sales declined by as little as three percent, California’s grant would be reduced to a lower tier and the grant amount would be reduced by approximately $2.7 million to $4.5 million, further reducing CDFW’s ability to manage and protect California’s fisheries.

So, while we realize your license restructuring suggestion is popular, it would create a significant reduction in license revenue and sport fish grant funding for CDFW. The resulting reduction in revenue and grant funding would reduce the CDFW’s ability to manage and protect California’s fisheries; and it would reduce the number of fish CDFW could plant for California anglers.


Live turkey decoys?
Question: Is it legal to use a live turkey as a decoy? I can’t find any regulations on live turkey decoys (Todd W.)

Answer: No. The use of live decoys is prohibited when attempting to take resident game birds (California Code of Regulations Title 14, section 311(l)).


What’s acceptable abalone diving gear?
Question: Regarding equipment that is permissible for abalone harvesting, is a buoyancy compensator (BC) with integrated weight system ok to use for diving for abalone as long as there is NO air tank attached? (John D.)

Answer: Yes, a BC is for your safety and is OK to use as long as no scuba or air supply of any kind is incorporated.


Free diving for sea urchins?
Question: As a free diver, am I legally allowed to harvest sea urchins? If so, do I need a permit? Also, where in San Diego County can I legally dive from shore for sea urchins? (Derek G.)

Answer: Sea urchins are legal to take in California with a sport fishing license. The season is open year-round for all species of urchin and the limit is 35 urchins (CCR Title 14, section 29.05). These regulations can be found in the Ocean Sport Fishing regulation booklet, along with coordinates and regulation summaries for marine protected areas in Southern California that are closed to the take of sea urchins.

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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.

A Right to Fish the Oceans of this Planet without Permission?

Ken Oda fishing on a beach in Marina (Photo by Amanda Menefee)

Ken Oda fishing on San Gregorio Beach, south of Half Moon Bay, CA (Photo by Amanda Menefee)

Question: If I am in need of food for myself and family, would it be a crime to catch fish from the ocean for subsistence without a license, and if so, why? With inland waters I realize that lakes are stocked, policed and maintained and this service has to be paid for via taxes, licenses and fines. That’s understandable.

I am aware of states with coastlines having a mileage limit from shore to international waters, and the area in between is overseen by the Coast Guard. Should it not be a God-given right to fish the oceans and seas of this planet without permission from the powers that be? (Doug P.)

Answer: In California you can legally fish from public ocean piers without a fishing license. Finfish, crabs and lobsters may be found there in different areas. All regulations must still be followed but you can fish without a fishing license in these locations only. There are also two free fishing days per year (July 4 and Sept. 5 this year), allowing people to fish in ocean and inland waters without a license on those two designated days. In addition, any children in your family can fish without a license and be entitled to legal limits until they turn 16, when a license will be required. Except for the opportunities mentioned above, subsistence fishing without a sport fishing license in ocean or freshwater is not allowed.

California waters extend from the shore (high tide line) out to three miles, federal waters stretch from three miles to 200 miles and international waters begin at 200 miles out. All waters out to 200 miles are still patrolled and managed cooperatively with the federal government. Any fish taken outside of 200 miles must still meet all fishing regulations in order to be brought back into U.S. waters, and all fish landed at California ports must additionally meet all California regulations.

Fisheries in all state and federal waters have regulations and many have strict management guidelines to properly manage the take of various species to assure overfishing does not occur which could collapse those and related fisheries. Regulations and limitations of fishing activities and take is imperative, especially in waters of a state populated by 38 million people.


Scouting for abalone out of season?
Question: I belong to a small group of diving enthusiasts and we recently had a debate come up where there are varying opinions on the subject of gauging abalone. One portion of the group is stating that it is perfectly legal to freedive with an abalone gauge out of season and measure abalone with the intent of coming back during the season to retrieve the abs. I believe this would be pursuing or hunting abalone and would be against the rules. I pointed out that the new 8 a.m. rule specifically states you can enter the water but not “be searching for” abalone prior to 8 a.m. This leads me to believe if it is illegal to search for abs during a time when “take” is not permitted, then it would be illegal out of season as well. Can you help us settle this debate? (Brian M., Antioch)

Answer: Yes, it would be legal to dive with an abalone gauge as long as you don’t dive with an abalone iron or other means to detach abalone. As long as there is no attempt to take the abalone, and it is not handled or detached from the rocks, it would be legal.


Driving at night with flashlights to view wildlife?
Question: My wife and I are outdoors lovers and we don’t want to break the law. We often drive back roads or dirt roads in and around Butte County armed with only a flashlight and no weapons to view and enjoy wildlife that wouldn’t be possible to enjoy in the daylight. Is this legal? (Dan, Oroville)

Answer: Yes, as long as you do not have a method of take with you. You may, however, attract the attention of wildlife officers that are on the lookout for poachers using spotlights to find game. These officers may pull you over and detain you to inspect your vehicle to ensure you do not have a method of take.  There are also some vehicle code provisions that prohibit the use of a flashlight or headlight on a public highway if it is shone into oncoming traffic or prevents other vehicles from seeing traffic control devices.


Treble hooks for halibut?
Question: I’m planning to go fishing for halibut and have read that the rig must not exceed two hooks. Can those two hooks be treble hooks?

Answer: Yes, you are not limited to two hooks and so treble hooks may be used (California Code of Regulations Title 14, section 28.65).

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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.