Tag Archives: ocean fishing

Casting with a Potato Gun-Style Launcher

(CDFW photo by Sabrina Bell)

(CDFW photo by Sabrina Bell)

Question: Is it legal to use the “Sandblaster Baitcaster” in California? This device is supposed to be great for surf fishing from the beach. It uses compressed air to cast your bait up to 300 yards from shore. See it at their website, www.bunkerupfishin.com/. (Victor H.)

Answer: This line launching device is really just another form of the old “potato guns” that were popular for a while until they were outlawed in public areas. According to California Department of Fish and Wildlife (CDFW) Lt. Dennis McKiver, potato guns are legal under federal law. Under state law, potato guns that use combustion (instead of compressed air) to launch the projectile are “firearms,” and one with a bore of over 0.5 inches is a destructive device.

Pneumatic potato guns like this one use compressed air and are legal as long as they are not used like a weapon (e.g. shot at a person, etc.), so this line launching device would be legal under state and federal laws. However, you should check for local city and county ordinances because some local governments prohibit use of any devices that propel projectiles, and if you intend to use this line launching device on any state beach, you may also want to consult State Parks.

As far as using it to cast a fishing line, nothing in the Fish and Game Code or its implementing regulations prohibit using this compressed air launcher as long as the fishing line is attached to a rod and reel, or a person is brave enough to hold the other end of line in their hands!


What to do when catching invasive fish species?
Question: What should we do when we catch invasive fish in local lakes? Specifically, Balboa Lake in the San Fernando Valley remains warm enough in winter to support some tropical fish. Certain aquarium fishes breed as well as survive in these waters. The problem now are Plecostomus (commonly found in home fish tanks to eat the algae) that have taken over the lake and the Los Angeles River.

A couple of us have caught over 200 since February in one little cove while fishing for carp. We were told by park personnel to kill them (seemed reasonable) but I wanted to make sure they are inedible so that we won’t get into trouble for wasting fish. Please advise. Thanks. (Bill S.)

Answer: From a biological standpoint, CDFW would like to see these invasive fish disposed of (killed) rather then placed back in the system. The law prohibits the waste of any fish taken in waters of the state (California Code of Regulations Title 14, section 1.87). This regulation is intended to encourage people to eat any fish they kill, and to avoid needlessly killing fish. But, any lawful use of fish that are legal for sale by an aquarium or pet store would satisfy the requirements of this regulation, including their use as fertilizer for your garden.

Here’s something that might surprise you … Plecostomus are consumed by humans in some of their native Central and South American waters. Jackson Landers, author of “Eating Aliens: One Man’s Adventures Hunting Invasive Animal Species” includes a recipe for Plecostomus in this book.


Scuba diving for Dungeness crabs?
Question: In a recent column you said that you could not take Dungeness crabs on SCUBA. Did I read that correctly or were you referring to seasons? (Duanne S.)

Answer: I saidwhen Dungeness crab season is open, they may be taken by hand via SCUBA but divers may not possess any hooked device while diving or attempting to dive for them (CCR Title 14, section 29.80(g)).


Sale of pig mount … Is it legal?
Question: My brother harvested a pig about 20 years ago on a private ranch in California and had the head mounted. He wants to sell the mount, but doesn’t want to break the law and can’t get a definitive answer from anyone. Could you help? Thank you as always for your help! (Dave)

Answer: Your brother can give it away but cannot sell or trade it to anyone. With a few exceptions (that don’t apply to your brother), the law prohibits the sale or purchase of any part of a bird or mammal found in the wild in California. (Fish and Game Code, section 3039)


Is there a limit on sand crabs?
Question: Is it legal to catch sand crabs with a fishing license, and if legal, what is the limit? Can sand crabs be taken on all beaches of the state? (Gina N.)

Answer: Yes, it is legal to catch sand crabs with a fishing license statewide wherever fishing is authorized. The limit is 50 crabs per day and in possession (CCR Title 14, section 29.85(d)).

#  #  #

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.

“Lived to Tell About It!”

OLYMPUS DIGITAL CAMERA

A well camouflaged male cabezon guards his eggs in the nearshore waters off the Mendocino Headlands (Photo by Mark Winscher) Hint: click on the photo for a closer look!

Question: We lived to tell about it! A few weeks ago while surf fishing, I was fortunate to catch a 6 lb. female cabezon off the Mendocino coast. My wife and I poached the meat and the eggs for a sumptuous meal. It tasted great! But then from five to 13 hours afterward we suffered severe vomiting and diarrhea. Unbeknownst to us and all of my fishing friends, the eggs of a cabezon are toxic, no matter how much they are cooked. Even other mammals will not touch the eggs. Eating the meat is okay. We were hospitalized but are now okay, except for a complete future aversion to cabezon eggs! Have you ever heard of this before? A toxicology doctor is writing a paper about us. Thank you so much and I always look forward to reading your column! (Dale J., Oakland)

Cabezon_0014

Dale J. and his cabezon before he consumed her toxic eggs. (Photo courtesy Dale J.)

Answer: Wow, this was news to me and to most people I mentioned it to. Since receiving your letter, I’ve done some research and found that cabezon eggs are indeed poisonous to humans, as well as many other mammals and birds.

The term for fish roe poisoning is ichthyootoxism. People who have eaten the roe and developed symptoms soon afterwards describe: abdominal pain, nausea, vomiting, diarrhea, intense thirst, bitter taste, trouble swallowing, cold sweats, rapid irregular weak pulse, dilated pupils, fainting, chest pain, pale skin, tinnitus, etc. Yikes! In severe cases, muscular cramps, convulsions and coma have occurred. Victims usually recover within five days, but deaths have also been reported.

To most of us, cabezon are a popular game fish and delicious dinner fare. They occur statewide and typically hunker down in rugged rocks and kelp beds in shallow waters less than 100 ft. deep, but may range out to 250 ft. Female cabezon lay their eggs in very shallow water, so the evolution of toxic roe is likely one of their clever adaptations to help protect their eggs from would-be predators. Male cabezon then bravely guard the nests and chase away most threats to their incubating offspring. If the eggs are laid in water too low for the protective dad to guard at low tide, they could be preyed upon by a variety of unsuspecting hungry birds and small mammals.

Famed ichthyologist Dr. Carl Hubbs describes in his article, “Toxicity of the roe of the Cabezon, Scorpaenichthys marmoratus” (California Fish and Game 37: 195-196) that in 1923 he and his wife Laura caught a ripe adult female cabezon and cooked it up for dinner. The two of them ate the roe while Laura’s parents and a young child ate the flesh. Those who consumed the flesh suffered no discomfort, but for Hubbs and his wife, it was another story. He described it as “an unhappy gastronomic experience” and said they “awoke in misery about four hours afterward and were violently ill throughout the rest of the night, with rapidly alternating chills and fever and with frequent vomiting and diarrhea. Both were left very weak in the morning but gradually recovered during the day, with no residual or recurrent symptoms.”

In 1949, a large female cabezon loaded with ripe roe was collected at Scripps Institution Reef. Scientists remembering Hubbs’ experience decided to conduct an experiment to test the toxicity of the roe on 12 rats and two guinea pigs. In addition to their regular food, they were given a cocktail containing the roe mixed with water. Four of the rats and one of the guinea pigs died, and all of the animals exhibited diarrhea and nasal discharge.

Now don’t let the horrors of the toxic symptoms you encountered scare you away from cabezon because they are pretty cool fish. They can grow to more than three feet long, weight more than 25 lbs., and they come in brown, red or green with lots of darker mottling to help with camouflage. Females are larger and usually more greenish while the males are more reddish. Females lay large masses of eggs that may be white, pink, red, maroon or blue-green initially but mature to a more olive color. Cabezon also have smooth skin without scales and they are really fun to catch!

Even better, when filleted, their flesh is usually blue or green but then turns white once cooked. People always ask why their skin and flesh is blue or green and Dr. Milton Love, researcher at U.C. Santa Barbara, wrote in his book, Probably More Than You Want to Know about the Fishes of the Pacific Coast, “The blue color of cabezon flesh is harmless and disappears when the meat is cooked. The color may come from copper-based compounds in the shellfish they consume.” In addition, archeologists have found cabezon remains are common in Native American middens.

Yep, cabezon are cool … just don’t eat their roe!

#  #  #

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.

Should Anglers Release Lingcod Females?

Lingcod (photo courtesy of Matt Elyash)

Lingcod (photo courtesy of Matt Elyash)

Question: Last year before the end of rockfish season, I went on a charter boat out of Berkeley. Some of the lingcod caught were females with eggs. When do lingcod spawn and can keeping these females hurt the fishery in the future? Should we as anglers release females like we do for striped bass? I’m glad to see the size limit dropped and the season longer, but I don’t want to be back to where we were before. (Jason Green)

Answer: Lingcod and other groundfish are federally managed. Harvest management plans and stock assessments take into account the removal of both males and females when setting quotas, so fishery managers do factor in the take of females, too.

According to the latest assessment, the lingcod stock has fully recovered from their overfished status. Lingcod don’t get the bends (no swim bladder), so females can be released if handled properly.

In northern and central California, the primary reason for the current closed seasons for lingcod in late fall, winter and spring for boat-based anglers is to protect mature females that have moved inshore to spawn, and to protect the mature males that guard the egg nests.

Lingcod are a species that if handled properly can often be successfully caught and released. However, unless regulations prohibit keeping the fish (e.g. bag and minimum size limits) or the angler is releasing all fish, if it turns out the fish has been improperly handled or is bleeding and may not survive, the fish should be kept. Releasing bleeding females that may not survive in order to keep males instead just wastes fish and is not a good conservation method.

Lingcod generally spawn from November through February. Females do take longer to mature and they grow to a larger size than males. By some estimates, males only grow to 24-26 inches. Females are legal to keep, so keeping an egg-laden female would be up to that fisherman’s personal ethics.

Bottom line … female lingcod are legal to take and so it’s up to the fisherman to decide whether or not they want to.


Can kids under 16 fish alone without a license and an adult present?
Question: Can children under the age of 16 fish without a license, and alone without a licensed adult present? (Jennifer P.)

Answer: Yes. Although no license is required, keep in mind that no matter their age, everyone who fishes must know what the fishing regulations are that apply to the type of fishing they are doing, and have the good judgment to abide by them.


Using SCUBA to photograph abalone divers?
Question: I would like to photograph abalone divers diving but I need to use an air tank to obtain the imagery I want. How can I go about this without getting in trouble with a game warden? (Andrew B., Salt Lake City, UT)

Answer: It is legal for you to photograph abalone freedivers while you are using a tank, as long as you observe a couple of regulations.

The use of SCUBA gear or surface-supplied air while taking abalone is prohibited (California Code of Regulations Title 14, section 29.15(e)). Therefore, if you are using a tank while photographing abalone freedivers, you cannot assist them with taking abalone. You also cannot help them pop abalone off the rocks or spot abalone for them, or do anything else that could be construed as giving assistance in taking abalone.

In addition, under this section the possession of abalone is prohibited aboard a vessel that also contains SCUBA gear or surface supplied air. This means you will have to use a separate boat – you cannot board the same boat the abalone freedivers are using while you are using SCUBA gear.


What to do with a full-size Cheetah / Leopard mount?
Question: My uncle recently passed away and left me in charge of his estate. One of the items he left is a full size Cheetah/ Leopard taxidermy. Is it legal for me to sell it? If not what do you recommend that I do with it? (Michael C., Modesto)

Answer: You are allowed to give it away but you are not allowed to sell or trade it (California Penal Code, section 653o). You might want to contact a museum, service club or local school to see if they may have a use for it.


Crabbing overnight at the beach?
Question: I enjoy crabbing and want to go crabbing overnight at the beach. Is this legal? (Ann N.)

Answer: Yes, as long as the beaches don’t have any city, county or beach curfews, it is legal to go crabbing overnight from most beaches. (CCR Title 14, section 29.05(a)).

#  #  #

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.

Bowfishing for Carp – Hunting or Fishing?

Bowfishing (photo courtesy of Indian Head Ranch www.indianheadranch.com)

Bowfishing requires a fishing license and the arrow must be attached by a line to the bow or to a fishing reel (photo courtesy of Indian Head Ranch http://www.indianheadranch.com)

Question: If I want to shoot carp with a bow, do I need a hunting license or a fishing license? Are there any regulations regarding seasons, bodies of water, or specific tackle or gear that I should plan to use? (Vern D., Stockton)

Answer: While the practice of bowfishing for carp may seem like a combination of hunting and fishing, it is considered fishing and thus you are required to have a fishing license to do so. Sport fishing regulations permit bow and arrow fishing for the following nongame species only: carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey (for specific areas and exceptions, see California Code of Regulations Title 14, section 2.25 on page 15 of the sport fishing regulations booklet).

Even though California Department of Fish and Wildlife (CDFW) law might allow for bow and arrow fishing in your local area, some lakes and waterways prohibit the possession of bow and arrow equipment. You will need to check with the jurisdiction that runs the body of water (e.g. State Parks, Regional Parks, local county parks, etc.)

When bow and arrow fishing, make sure the tackle has the arrow shaft, the point or both attached by a line to the bow or to a fishing reel. This rule also applies to crossbows (CCR Title 14, section 1.23).


Shooting at varmints from a car roof top?
Question: I know it’s illegal to shoot from your car, but is it legal to park and shoot from the roof of your car for varmints? Thanks. (Harry N.)

Answer: It is always illegal to shoot at a bird or mammal from a car, including from the roof top. The law prohibits possessing a loaded rifle or shotgun in any vehicle which is standing on or along or is being driven on or along any public highway or other way open to the public (Fish and Game Code, section 2006). Loaded guns may be possessed in or on a car only while on private property; however, the law does not allow you to take any bird or mammal from a motor vehicle (CCR Title14, section 251). Remember, the definition of “take” includes any attempt to take, such as shooting at the bird or mammal. Therefore, the only shooting allowed would be target shooting


Fishing for halibut with grunion?
Question: I know that under current regulations grunion can only be caught by hand, I also know that when the grunion come inshore to spawn, the halibut frequently follow along for a feast, and it is a good time to target the flatties. So I am wondering, is it legal for me to take grunion by the legal method (by hand) and then retain them live in a bait bucket to use as live bait for fishing for halibut? Or even more directly, may I take the grunion in legal fashion and hook one up to fish the surf for halibut and other species with rod and reel while the grunion run is in progress? (Martin F.)

Answer: Yes. Grunion may be taken June 1 through March 31 and there is no bag limit. Grunion may be taken by hook and line or by hands. No appliances of any kind may be used on the beach to take them, and no holes may be dug in the sand to entrap them (CCR Title 14, section 29.00). When catching grunion on the beach, we recommend that you wait until after they have spawned and are returning to the ocean to take them.


Can my son carry a BB gun when he comes hunting with me?
Question: When go out hunting I normally take my nine-year-old son. Can my son carry a BB gun legally with him? He will not be using the BB gun to shoot at any wildlife. It mainly gives him that feeling that he is part of the hunting party. Any information you can provide is greatly appreciated. (Jose R. via e-mail)

Answer: I applaud you for introducing your son to the outdoors and including him in your hunting excursions at such a young age! Unless there is a county ordinance prohibiting the discharge of a BB gun or air rifle in the area where you’re hunting, and as long as he is not shooting at wildlife, it should be fine for your son to legally carry his BB gun with you and the rest of your hunting party. Enjoy your time together!

# # #

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.

Salmon Trolling vs Mooching

Don Mah with daughter Tiffany on her first fishing trip (Photo by Tom Mattusch)

Don Mah with daughter Tiffany on her first fishing trip (Photo by Tom Mattusch)

Question: When trolling for salmon between Point Conception and Horse Mountain, are treble hooks allowed on spoons or lures if they are barbless? Or does the two single point, single shank hook regulation apply as if I were bait fishing? The rules are clear regarding when you are not trolling, but they do not seem to elaborate on allowable gear when you ARE trolling. (Rick S.)

Answer: No, you may not use treble hooks for salmon in the area you describe. Only single barbless hooks may be used, and whether trolling or drifting with bait (mooching), you may only use two single barbless hooks per line. The law says, “No more than two (2) single point, single shank barbless hooks shall be used in the ocean north of Point Conception when salmon fishing or fishing from any boat or floating device with salmon on board.” (California Code of Regulations Title 14, section 27.80(a)(2)).

This section does not specifically address trolling or mooching, so it applies to all salmon fishing, including trolling or drifting with bait.


Trout limits while on multiday vacation
Question: My wife and I will be taking a two week vacation and plan to do a lot of trout fishing. Is our 10 fish bag limit the same as 10 fish possession limit? We will be out 10 days, and due to lack of ice in the remote area where we are going, we plan to can our daily limits of fish. Is there anything wrong with this?

I know people who fish and catch their limits daily, and then when they get home they process (can or smoke) the fish each evening in their homes. I know they possess more than a 10 fish limit, but is this legal? If so, why could my wife and I not do the same because when we are out camping in our RV, wouldn’t that be considered our second home? (Eric S.)

Answer: If the people you describe retain more than their allowed possession limits in any form, they are in violation. The law requires that each person may have no more than one legal possession limit in any form, whether it’s fresh, frozen, canned or smoked (CCR Title 14, section 1.17). Possession limits even apply in your home.

In most trout waters, the possession limit is the equivalent of two daily bag limits. There are also special brook trout regulations in many areas so you really need to know the body of water(s) where you will be fishing. Check out sections 7.00 and 7.50(a) in the 2014-2015 Freshwater Sport Fishing Regulations to be sure of the limits you are allowed.


Lost Commercial Fishing Gear
Question: I have a question regarding what appears to be abandoned commercial fishing gear. My three dive buddies and I are all instructors and regularly find lost fishing gear snaring marine life. Generally, they are old lobster traps without any line or buoys still attached. Sometimes the traps still contain live lobsters in them. We have been afraid to touch them.

Can we release lobsters from what looks to be lost gear? Any help you can provide to help us understand what we can and can’t do, and under what rules, would be appreciated. We are tired of just swimming by them. (Randall Krueger, Visalia)

Answer: Thank you for contacting us. Lost fishing gear – both commercial and recreational – sits on the seafloor, gets caught on rocks, and can remain in the marine environment for years, harming habitats and continuing to catch fish and invertebrates.

You cannot keep the lobster caught in the lost traps, but you can let them go and leave the trap doors open so that they no longer trap marine life, then report the location of the lost gear to one of the following organizations.

If you are able, please report sightings of lost recreational and commercial fishing gear (even anonymous reports are accepted) by calling (888) 491-GEAR or visiting www.seadocsociety.org/california-lost-fishing-gear-removal-project/. You may also contact the Ocean Defenders Alliance at (714) 875-5881 or www.oceandefenders.org/.


150 yard safety zone around my own buildings?
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 (Fish and Game Code, section 3004(a)).

#  #  #

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.

Can Fin-clips Identify Different Trout Strains?

(CDFW file photo by Roger Bloom, Heritage and Wild Trout Program)

(CDFW file photo by Roger Bloom, Heritage and Wild Trout Program)

Question: With trout season opening soon, I was thinking about how several years ago I ran across a way to identify what strain a Lake Crowley trout was based on which fins were clipped. Identify as follows: adipose only-Eagle Lake strain, adipose and left ventral-Kamloops (from Junction Reservoir), adipose and right ventral-Coleman, and ventral only-Kamloops or Coleman. No fin clips would indicate a natural spawn and not from a hatchery. And, what hatchery would these plants have come from? Possibly Hot Creek or maybe Fish Springs? I have talked to the driver planting catchables in Silver Lake and learned those plants came from the Fish Springs hatchery. Thanks for any info you can provide. (Ron A.)

Answers: In the mid-1990s, California Department of Fish and Wildlife (CDFW) fisheries biologists applied fin clips to Eastern Sierra trout stocked in Crowley Lake to evaluate their performance, growth, return to creel, etc. The results were very interesting.

According to CDFW Fisheries Program Manager Curtis Milliron who conducted those studies, wild trout were unmarked and at that time both rainbow trout (RT) and browns constituted about 25 percent of the catch of all larger fish caught at Crowley. They did not substantially supplement the average size class, however. The marked trout came from both Fish Springs (Coleman strain RT and Eagle Lake trout) and from Hot Creek Hatchery (Kamloops strain RT).

Coleman strain fish were found to be caught most often by anglers while trolling, while Kamloops were often associated with nearshore angling. Eagle Lake trout (ELT) were found all over the lake, including feeding on large snails right on the lake bottom. Additionally, ELT outlived the other strains, and therefore greatly contributed to the “carryover” population, which are fish that do not get caught in the first year after being stocked and return to anglers at a much larger size.

By about 1999, Milliron discontinued the Crowley Lake trout strain studies but thinks some marked fish may have persisted in the lake for another five years, at most. Today, no similar studies are being conducted, and fin clips to identify the various strains of Eastern Sierra trout are no longer being applied. But, thanks to the findings of the studies, a management plan for Lake Crowley was created, and the lake continues to draw anglers back year after year as one of the most popular and productive trout lakes in the Eastern Sierra.


How many turkeys in possession?
Question: My buddy and I are going out of town on a three-day turkey hunt. If we both get a turkey each day (total of six) and get stopped by a warden on the way home, will we be legal? I heard that you can’t have more than one bird with you at a time, but the regulation states possession limit is three birds per hunter for the season. I want to make sure we are legal. Otherwise I will have to travel back and forth after each successful day and it’s about a two-hour drive each way. Thanks for any information you can give me. (Brent M.)

Answer: You do not have to return home after taking a bird on any one day. The daily bag limit for turkeys during the spring season is one bearded turkey per day and you can take three per season. You may have three bearded turkeys in your possession as long as you only take one per day.


Spearfishing rockfish and lingcod after dark?
Question: Can rockfish and lingcod be taken by spearfishing after dark? (Brian S.)

Answer: Yes, you may spearfish for rockfish and lingcod at night, except in San Francisco Bay (California Code of Regulations Title 14, section 27.56).


Buying skulls from other states
Question: I found someone in Oregon selling a raw coyote skull. I own some flesh-eating dermestid beetles and am interested in buying the skull from them to clean off. Is it legal to buy raw (uncleaned) skulls from other states if it was obtained legally and not from California? I know you can’t purchase almost any part of California fish and game, but can we bring parts in from other states? (Anonymous)

Answer: Yes, as long as the animal was legally taken in another state and is properly imported with a “Declaration for Entry into California form,” then it can be possessed. The same goes for most species, but there are some exceptions, such as bears, mountain lions, and fully protected birds and mammals whose parts cannot be legally possessed in California (Fish and Game Code, section 3039). For a copy of the declaration form, please go to www.dfg.ca.gov/enforcement/entry-declaration.aspx. Remember that deer and other cervid skulls may not be brought into the state unless special rules are followed to prevent the spread of chronic wasting disease (see CCR Title 14, section 712).

# # #

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.

Do Surfperch Fry Count Toward the Daily Limit?

Barred surfperch give birth to live young from March through July. As few as four to as many as 113 young have been counted per female, but the average is 33. Each fry measures about 2.5 in. long at birth (Photo courtesy of Joe Donatini)

Barred surfperch give birth to live young from March through July. As few as four to as many as 113 young have been counted per female, but the average is 33. Each fry measures about 2.5 in. long at birth (Photo courtesy of Joe Donatini)

Question: In Santa Barbara a surf fisherman was seen last week eating baby perch squeezed from a gravid female. How do live fry from perch relate to a daily limit in possession if consumed? Also, if dead fry are expelled from a dying gravid female in an ice chest, do they count toward the daily possession limit of ten? If fish are consumed by surf fisherman while they fish is there a requirement to save the carcass to verify minimum size for species and daily catch limit? The surfperch babies squeezed directly into the upturned mouth is a bit disturbing and prompted me to pose these questions. Thanks. (Hills S., Ventura)

Answer: Disturbing, indeed. The law says the limit is 10 of any one species. Surfperch are livebearers and it is legal for a person to have fish still inside a livebearing species. Technically, fry are not considered individual fish until they are born, so they do not count toward the limit.

(Photo by Richard Gilliam)

Ken Oda fishes for surf perch (Richard Gilliam photo)

However, if the fry are outside the body, then they technically count as a fish. If a female expels fry in a cooler or boat and puts a person over the limit, please return the fry to the water immediately. This will keep you from being over limit and maybe even save a fry or two … or 40.


Shooting barnyard pigeons?
Question: What is the law when it comes to shooting common or barnyard pigeons? After discussing this with a number of friends and hunters, no one seems to have a definitive answer. Can you help? (Jeff S.)

Answer: Barnyard pigeons or “rock doves” are the feral progeny of domesticated pigeons, and their take is not regulated by the Fish and Game Code. While there is no limit for barnyard pigeons, don’t confuse them with bandtail pigeons or racing pigeons. If someone hunting barnyard pigeons outside the bandtail pigeon season accidentally kills a registered racing pigeon, they could be in trouble and cited with a misdemeanor (Fish and Game Code, section 3680). The chance of this happening is very low though.


Automatic fishing pole?
Question: Can a person use an automatic hook set fishing pole? It would be similar to the action of a mouse trap but with an electric latch that would be activated by the user of the pole holder via a push button switch. The electric latch would unhook and that would cause the pole to spring up and hook the fish. The pole holder would be attended to the whole time and the electric latch would have wires to a switch that a person would have in his hands to activate the latch when a bite is noticed, thus having it in hand and fully in control when the latch is released. Does this sound OK? (Roy D.)

Answer: Sure, give it a whirl! There’s nothing in the Fish and Game Code or Title 14 that prohibits the use of an automatic hook set fishing pole as you have described.


Felon as a hunting chaperone?
Question:My wife loves to hunt almost as much as I do. She especially loves duck hunting but is not confident enough to be out there on her own. The problem is I have a felony on my record which prohibits me from being in possession of a firearm. Can I legally just chaperone her as long as I don’t have access to the firearm? (Richard W.)

Answer: I think the answer lies with either your probation officer or the courts. California Fish and Wildlife laws do not address this issue. The best thing you can do is contact either your probation officer or refer to the court documents related to your case for information regarding any restrictions that may apply to you.


Slingbow for bowfishing?
Question: Is it legal to use a slingbow for bowfishing? (Leng M.)

Answer: Yes, a slingbow is legal to use to take a limited number of fish species in freshwater and the ocean. For fishing purposes, the arrow must have a line attached to be legal (California Code of Regulations Title 14, section 1.23). In ocean waters, the slingbow can be used for skates, rays and sharks (CCR Title 14, section 28.95). In freshwater systems, the slingbow may only be used for certain species and in specific areas (CCR Title 14, section 2.25).

#  #  #

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.