Tag Archives: lobsters

Can a Private Boat Owner Be Cited for a Passenger’s Violation?

California Spiny Lobsters at San Clemente Island (CDFW photo by Derek Stein)

Question: I have my own boat and take friends out lobster fishing with me. I always make sure each person has their license and report card. I also make sure each person has their own bag and keeps each lobster they catch separate as they catch them. My question is, if the game warden finds a short lobster in one of their bags, am I held responsible as the boat owner or would the owner of that bag be responsible? Also, do boat limits apply when fishing for lobster? (Jerry E.)

Answer: Lobsters may be brought to the surface of the water for measuring, but no undersize lobster may be brought aboard any boat or retained. All undersize lobsters must be released immediately into the water (California Code of Regulations Title 14, section 29.90). If the bag or undersized lobster is claimed by any person aboard the boat, that person would most likely be issued a citation for possession of an undersized lobster.

If no one claims the lobster, the game warden can issue citations to everyone aboard the boat (joint possession). Or, since the boat is the property of the skipper, the skipper may be the only one cited because the undersized lobster is possessed aboard the skipper’s boat. Of course, prevention is the best solution, so if in doubt, set it free.

Sport fishing boat limits apply only to fin fish, not lobster. This means that once a lobster fisherman harvests the daily bag limit of seven, he or she may no longer fish for lobster.


Lead ammo for pistol in condor country?
Question: In the lead-free condor zone, can I carry a pistol that is loaded with lead ammo for self-defense, with the intention of NEVER using it for hunting purposes? The purpose of carrying it is for self-defense only. Of course I’ll be carrying lead-free ammo for my rifles, but I want to know about the side arm. Personally, I carry either a Glock 20 in 10mm or a Ruger 44mag. (Brandon C.)

Answer: You may not use or possess lead ammunition in the condor zone while hunting, even if you have no intention of using the lead ammunition to shoot wildlife. For more information on the non-lead requirements in condor country, please go to www.dfg.ca.gov/wildlife/hunting/condor/.


Selling sturgeon eggs from a legally-taken sturgeon?
Question: If I catch legal-sized sturgeons with eggs, can I sell the eggs because I don’t eat them? (Byron M.)

Answer: No. It is illegal to sell any portion of a sturgeon or any fish taken under the authority of a sport fishing license (Fish and Game Code, section 7121).


Grizzly bear tooth
Question: I received a grizzly bear tooth amongst some of my grandfather’s possessions after he passed away. My grandfather grew up here in California and was an amateur geologist and never hunted, so I think he either found or purchased the tooth, although I have no proof. I was wondering if it is legal to possess or sell the tooth here in the state of California. I don’t want to break any laws. (Laura J.)

Answer: It is legal for you to possess it but you cannot try to sell it. The sale or purchase of any bear part in California is prohibited (FGC, section 4758 (a)). Even offering it for sale over the Internet is a federal violation that could make you subject to prosecution under the Lacey Act. You may possess the tooth or give it away, but you may not sell it.

Sounds to me like you have an interesting piece of California’s history, as grizzly bears are extinct in the state — Enjoy it!


Retrieving hoop nets with rod and reel?
Question: Is it legal to use a rod and reel as a retrieval device for a hoop net? For instance, I would connect an 18-inch hoop net to the line of my rod and reel (without hooks) and this would allow me to cast the net in order to better fish for lobsters from a jetty. Is this OK? (Jeff C.)

Answer: Yes, you may use a rod and reel as a retrieval device for your hoop net. You are not required to pull your net by hand, nor are you prohibited from pulling it using a rod and reel.

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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.

Luring Lobsters with Snacks?

California Spiny Lobster (CDFW photo by Derek Stein)

California Spiny Lobster (CDFW photo by Derek Stein)

Question: My friends and I are going to Catalina next weekend to dive for lobsters. We know we have to catch them by hand but are wondering if it’s legal to lure lobsters out of their holes by holding a piece of sardine or squid in your hand? (David C.)

Answer: Sure, you can give it a try, but I don’t know how successful you’ll be. The law says that skin and scuba divers may take crustaceans by the use of the hands only and may not possess any hooked device while diving or attempting to dive for them (California Code of Regulations Title 14, section 29.80). There is no prohibition against waving snacks in front of them.


Tagging sturgeon
Question: We are planning a sturgeon fishing trip on the Delta but want to check in first to find out what the new sturgeon tagging requirements are? I understand there have been some changes this year. (Anonymous)

Answer: As of Jan. 1, 2014, California sturgeon anglers are seeing a small change to sturgeon tags. Sturgeon anglers have been required to tag all retained legal-sized sturgeon for many years. In the past, the date, location and length of the fish caught were recorded on each tag. Now, in addition to legibly and permanently writing the date, time, location and length, the new tags require the angler to physically punch out the date and month printed on each tag.

The bag limit for sturgeon remains at one per day and up to three sturgeon per year. Failure to attach a properly filled out tag to a retained sturgeon is a misdemeanor violation.


Is licorice legal bait?
Question: My brother and I have two burning questions we have been wondering about. Is it legal to use licorice to fish with as bait? Also, we observed a man with a syringe injecting air into his bait worms so they would float off the bottom. Is this legal? (Marcus O.)

Answer: Processed foods, such as licorice, are legal under bait regulations for inland waters (found beginning in CCR Title 14, section 4.00). It is also legal to inject air into a fishing worm and many such kits are found at sporting goods outlets. This method can be a very effective way to keep a worm off the bottom of lakes with heavy bottom vegetation.


Practicing taxidermy
Question: I want to practice taxidermy and am wondering how I can get some animal hides to practice with. Would it be ok for me to purchase a hide from a tannery? If I do, will I have to just use game animals I take during hunting season? (Spencer)

Answer; As far as game animals, only deer hides can be purchased. The only other hides that can be purchased are hides from fur-bearers taken under the authority of a trapper’s license. Remember, California wildlife (even hides and body parts) cannot be legally bought, sold, traded or bartered.

You can practice on any carcasses you can legally possess (e.g. taken legally by another person who gifts it to you, carcass of non-game/furbearing mammals taken under depredation laws, domestic game animals, etc. In addition, you can also buy many hides from species not found in the wild in California from other states.


Must fishing license be carried while spearfishing?
Question: If I am spearfishing from the shore and return with my take, do I need to have my fishing license on my person or can it be in my car? (William H.)

Answer: Persons diving from a boat or shore may have their license on the boat or within 500 yards on the shore, respectively (FGC Section 7145).


Spotlighting for rabbits?
Question: If I am on my own property, can I hunt rabbits at night with a spot light? (John S.)

Answer: No. It is unlawful for any person, or one or more persons, to throw or cast the rays of any spotlight, headlight, or other artificial light on any highway or in any field, woodland, or forest where game mammals, fur-bearing mammals, or nongame mammals are commonly found, or upon any game mammal, fur-bearing mammal, or nongame mammal, while having in his or her possession or under his or her control any firearm or weapon with which that mammal could be killed, even though the mammal is not killed, injured, shot at, or otherwise pursued (Fish and Game Code, Section 2005(b)).

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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.

Beach Hunting

(CDFW photo by Melanie Parker)

(CDFW photo by Melanie Parker)

Question: I’ve heard deer and elk are occasionally spotted on a beach in a remote area of Northern California. This beach stretches for several miles and I’m planning to hike it beginning from a public access point. During deer and elk season, what are the regulations regarding hunting from the beach? I will have a harvest tag for the appropriate area and know not to shoot over water or within 150 yards of a dwelling. I believe the State of California owns everything from the mean high tide water line out to three miles, so if it were a low tide, and a deer or elk happened to be below the mean high tide line, could I technically take a shot? Although it’s not likely this scenario would occur, I am curious about the legal and ethical nature of this scenario. (Katie H.)

Answer: There are no California Department of Fish and Wildlife (CDFW) laws prohibiting this, but there could be local firearms closures in place. To determine if firearms or archery equipment would be legal to possess and use in the area you’re interested in hunting, you should contact the local sheriff (if an unincorporated area) or the local police department (if an incorporated area) to confirm. Also, these beaches may very likely be managed by either State Parks (where hunting is prohibited) or Bureau of Land Management (who may have restrictions on hunting near trails, camps and beaches). Therefore, you should also contact the local agency having jurisdiction over where you plan to hunt to be sure hunting is authorized there.


Number of fishing rods used in ocean boat?
Question: If we are fishing on a boat in Monterey, how many fishing rods are allowed? If we already have rockcod aboard, do I need to use one rod? Can I use two rods to target lingcod or halibut if we don’t have rockcod? Can I still use a second rod for bait fishing if rockcod are aboard? (Kenual L.)

Answer: Generally, any number of hooks and lines may be used in ocean waters and bays, but there are exceptions involving certain locations and specific species of fish. When pursuing rockfish, lingcod, cabezon, kelp or rock greenlings, or salmon north of Point Conception, or when any of these species are aboard or in possession, only one line with not more than two hooks may be used (California Code of Regulations Title 14, section 28.65(c)). When rockfish are aboard, you may not use a second rod even if for bait fishing. Instead, plan to fish for bait before fishing for these species. Anglers should read section 28.65 on page 46 of the 2013-2014 Ocean Sport Fishing Regulations booklet before fishing with multiple hooks or lines.


Crabbing in Santa Barbara (Refugio Beach)
Question: I’m planning to head to Refugio Beach in Santa Barbara to do some crabbing. What do I need to get to trap crabs in the water about 100 yards out? What traps can I use since I’m not a commercial fisherman? (Robert M.)

Answer: Crab traps are illegal south of Point Arguello (north of Refugio State Beach), so you may not use traps there. However, you can take crabs by hand or hoop net (CCR Title 14, section 29.80). Hoop nets must be serviced every two hours. You will need a sport fishing license (unless you go on a Free Fishing Day www.dfg.ca.gov/licensing/fishing/freefishdays.html), a measuring gauge to measure the crab and hoop net(s). Since lobster season is currently open, if you catch a California spiny lobster, then as long as you have lobster report card in your possession and the lobster meets the size requirements, you can take lobsters by hoop net also. Any spiny lobsters caught outside of the season or that are too short must be immediately returned to the water. Please make sure you’re familiar with all crab (and lobster) fishing regulations before heading to the beach. The 2013-2014 Ocean Sport Fishing Regulation booklet can be found wherever fishing licenses are sold, or online at www.dfg.ca.gov/marine/sportfishing_regs2013.asp.


Methods of crayfish harvesting?
Question: I was wondering if you can harvest crayfish by free diving for them in lakes and streams using only your hands. (Eddie R.)

Answer: Yes. 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 2013-2014 California Freshwater Fishing Regulations booklet (on page 20), as well as online at www.dfg.ca.gov/regulations/. Look for subsection (d) of this section for the closed waters to avoid.

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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.