Tag Archives: ocean fishing

Stowing Gear through Marine Reserves?

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.

Bow Hunting for Turkeys

Spring turkeys (Photo by Carrie Wilson)

Spring turkeys (Photo by Carrie Wilson)

Question: While bow hunting for turkeys last week, I saw a flock of hens and jakes on the side of a highway and I got to wondering if it’s legal to hunt off the side of a highway. I know we can’t shoot across a highway, but exactly how many yards or feet away does a bow hunter have to be? (Rafael O.)

Answer: It is unlawful to discharge a firearm or release an arrow or crossbow bolt over or across any public road or other established way open to the public in an unsafe and reckless manner (Fish and Game Code, section 3004(b)). Definitions for road and roadway can be found in the California Vehicle Code, sections 527 and 530. In addition, most counties have ordinances setting the distance from a public roadway that one must be to lawfully discharge a firearm. Many counties require 150 feet, but this distance varies and you will have to check with the appropriate county’s sheriff’s department to determine the legal distance. It is always unlawful to negligently discharge a firearm, and the discharge of a firearm from or upon a public road or highway is prohibited (California Penal Code, section 374c).


Hand reels
Question: I recently acquired a hand reel (Cuban yoyo.) Are there any restrictions on using one? What part of the Fish and Game Code applies to their usage? (Will E.)

Answer: Yes, these basic hand-held reels are legal to use. Just add some line, tie on your hook, add bait, drop in your line and you’re fishing. It doesn’t get much easier or less expensive than this method. Standard methods apply, so if you are fishing in inland waters (three hooks with bait or three lures with three hooks each) or fishing in the ocean for rockfish (two hooks), you need to follow the hook restrictions as if you had a rod attached. If you do happen to hook a big fish, just be sure you’ll be able to land it!


Starry Flounder east of the Carquinez Bridge
Question: Can you please clarify the starry flounder regulations in saltwater vs. freshwater? I know that flounder are included in the rockfish-cabezon-greenling (RCG) regulations in saltwater, with limits and a definite season. However, when they move upstream (east) of the Carquinez Bridge into inland waters, do the same regulations still apply? Or, may they be taken year-round with no limit as they are not mentioned in the freshwater regulations? (Barbara U.)

Answer: According to California Department of Fish and Wildlife (CDFW) Capt. Bob Puccinelli, because the fresh water limits for starry flounder are the same as the ocean limits, the limits would adhere to any closures in ocean waters as well. In other words, when there is an ocean closure (zero limit), there would be a corresponding zero limit in freshwater as well.


Non-lead pellets for squirrels in condor country?
Question: I hunt ground squirrels with pellet guns as I understand they don’t fall into the category of firearms. My question is, do I have to use non-lead pellets? (James T.)

Answer: While not specifically prohibited for pellet guns, the intent of the non-lead ammunition requirement laws is to prevent lead from being introduced into animals that California condors may eat. Ground squirrels could fall into this category but the law does not expressly prohibit lead pellets. Non-lead pellets are available.


Glasses when abalone diving
Question: I wear reading glasses. I don’t like to take my glasses on the beach or in the water with me because I don’t want them to get scratched. However, without my glasses, I cannot clearly read the new abalone cards. Last season I accidentally used the wrong tag (one that was not in sequential order) because I could not read the numbers. What can I do to make this easier? (Zoe D., Trinidad)

Answer: I can empathize with your frustrations. You may want to consider including non-prescription reading glasses and/or a small magnifying glass in your dive bag. Either can be purchased at many convenience stores for under $15. At least with these you would not have to risk losing or breaking your prescription glasses and you will be able to comply with the 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.

Hatching and Raising Wild Turkeys

Wild spring turkeys (Photo by Carrie Wilson)

Wild spring turkeys (Photo by Carrie Wilson)

Question: If I want to raise a couple of turkeys from eggs that I believe came from partly or mostly wild stock, would I run afoul of California law? They would not be used for any business purposes and would remain on my property. I would prefer to let them roam around my place, which is quite large and full of native habitat, as opposed to keeping them penned up. There are currently no wild turkeys in my area. (Tucker)

Answer: You cannot take eggs from the wild to raise. Nesting birds are given protection from “harassment” while sitting on and incubating their eggs. In addition, wild turkeys cannot be domestically reared and released for propagation or hunting purposes. Only wild trapped turkeys trapped from the wild by the Department may be released into the wild (California Code of Regulations Title 14, section 671.6(b)).


Fishing for different species with separate rods?
Question: I have a question about fishing for salmon and groundfish off the coast of San Francisco. I understand that only one rod can be used to fish each type. My question is over whether it’s ok to fish for both types of fish at the same time? By this I mean one rod set up for salmon using the “mooching” style of fishing at around 10 feet of water with frozen bait. The other rod would be set up for groundfish using shrimp flies at the bottom of the ocean floor around 85 ft. Your help is much appreciated. (Jason)

Answer: Nice try! But no, you may use only one rod when targeting salmon or groundfish. You may not use one rod for salmon and one rod for groundfish at the same time. You are also restricted to using only barbless hooks if you have a salmon on your boat, even if you are targeting rockfish at the time (see CCR Title 14, section 27.80.)


Orange hunter vests
Question: I recently completed my hunter safety education course, got my license and went hunting with a small group on private land. None of us wore hunter safety orange vests as we were all together at all times and in each other’s line of sights. I see hunting shows where they sometimes don’t wear the orange hunter vests either. When do you wear the vests? Is it acceptable to not wear them while on private land when you’re with a small group and know where everyone is? Or, do you have to wear orange all the time while hunting? (Joseph L., OIF Vet)

Answer: Though some states require hunters (especially when hunting upland game) to wear blaze orange all the time while in the field for safety reasons, in California we do not require it. It is a good idea to wear this distinctive color whenever possible for your safety as it does help you to stand out, but there is no law requiring it. You’ll find that orange is being incorporated more and more into hunting camouflage patterns to provide greater safety. One thing to note for deer hunting, deer cannot detect the color orange. To deer, orange looks gray.


Where can bluegill be used for bait?
Question: Many times I have seen people on the docks in the Delta catching bluegill for striper bait. Is this permitted for black bass bait in Lake Don Pedro if the bluegill are caught there and not transported from another place? (John and Diane H.)

Answer:  Bluegill may not be used as bait at Lake Don Pedro. California sportfishing regulations for freshwater generally prohibit using live or dead finfish for bait. Although certain species of finfish may be used in the waters where taken, bluegill may only be used in the Colorado River District (see CCR, Title 14, section 4.15(a)) and portions of the Valley and South Central Districts (see CCR, Title 14, section 4.20(d)). While Lake Don Pedro is inside the Valley District (see CCR, Title 14, section 6.36), it is not included as a location where bluegill may be used as bait.

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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.