Tag Archives: regulations

Rainbow Trout in Anadromous Waters

Rainbow Trout (CDFW photo by Harry Morse)

Rainbow Trout (CDFW photo by Harry Morse)

Question: I have taken up fly fishing again after a long while away. This past weekend I went fishing on the Russian River and caught two rainbows/steelhead (one a hatchery fish and the other a wild fish) and both were about 10 inches long. I am wondering if I have to report fish of that size on my Steelhead Report Card in the future. I recorded them this time out of an abundance of caution, but I don’t want to over-inflate the run estimates needlessly. (Kyle K., Healdsburg)

Answer: It can be a bit confusing because steelhead trout and rainbow trout are the same fish. Its scientific name is Oncorhynchus mykiss (O. mykiss). Generally speaking, rainbow trout are O. mykiss found in land-locked freshwater with no access to the ocean, while steelhead trout are O. mykiss fish found in anadromous waters, which are waters with unimpeded access to the ocean where they live the majority of their life before returning to freshwater to spawn.

For practical purposes and to facilitate compliance, fishing regulations differentiate between rainbow and steelhead in anadromous waters by a 16-inch size threshold. O. mykiss smaller than 16-inches are treated as rainbow trout, and those bigger than 16-inches are treated as steelhead. Fishing for steelhead, meaning any O. mykiss in excess of 16-inches, in anadromous waters will require the purchase of a Steelhead Report Card, even if you practice catch-and-release (California Code of Regulations Title 14, section 5.88).

The report card provides important data to fishery scientists and requires an entry for each day that you fish and statistics on all fish caught and released. Fishing for O. mykiss less than 16-inches does not require a steelhead report card.


Can other law enforcement agencies enforce CDFW regulations?
Question: I am a current sworn recruit in a Southern California Sheriff’s Department Academy. I will be working in a county with a heavy hunting and fishing population and an abundance of wildlife areas. I am just curious, and have been earnestly trying to find the answer on my own accord without luck, about a specific phrase in Fish and Game Code, section 2012. It states:

§ 2012. All licenses, tags, and the birds, mammals, fish, reptiles, or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed to be, and capable of being, used to take birds, mammals, fish, reptiles or amphibians shall be exhibited upon demand to any person authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles or amphibians.

My question is: who are the persons authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles or amphibians? Are local police and county sheriffs authorized by the California Department of Fish and Wildlife (CDFW) to enforce the Fish and Game Code? If it does exist, is there any statute that expresses that authority? (Calen A., M.A.)

Answer: Only CDFW wildlife officers are authorized to enforce the “exhibit upon demand” authority of Fish and Game Code, section 2012. Police officers and county sheriffs are authorized to enforce most hunting and fishing laws but are not authorized to enforce Fish and Game Code Section 2012.

Aside from CDFW wildlife officers, only Rangers and Lifeguards of the Department of Parks and Recreation are authorized to use that law, and then only while on duty in a state park, state beach, state recreation area, state underwater park, state reserve, or other similar facility. Although other law enforcement officers can’t make a formal demand under section 2012 to see someone’s licenses, fish, game, or equipment, they can still enforce fish and game laws and inspect these items if they are in plain view or with the person’s consent.


Discharging a firearm along public roadway
Question: As a firearms instructor and hunting enthusiast, I am continually asked the question, “When hunting and on foot (outside of a vehicle), can you discharge a firearm or other weapon (e.g. compound bow) from or along a public roadway?” Is there a minimum distance from a public roadway? For example, an inhabited structure or barn at 150 yards away? (Don S., Fresno)

Answer: It 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)). Discharging a firearm from or upon a public road or highway is also prohibited (Penal Code, section 374c). In addition, it is a felony to willfully discharge a firearm in a grossly negligent manner that could injure another person (Penal Code, section 246.3). Many cities and counties have also adopted ordinances further restricting where firearms may be fired, so hunters should consult their local law enforcement agency for specific information about the area where they wish to shoot.


Halibut fishing in SF Bay
Question: If I’m trolling for halibut in the San Francisco Bay, can I use another line that has only dodgers and flashers on it without any hooks to attract the fish closer to my boat? I will only have one pole or line with a hook on it. (J.V., Rodeo)

Answer: Yes.

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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.

Peace Officer, Archery Hunting and Off-duty Weapon

CPW bow hunter_Tyler Baskfield_22336

A peace officer, whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow, but shall not take or attempt to take deer with the firearm.

Question: My question is about peace officers carrying a handgun while archery hunting. The way I read the Fish and Game Code, it only states that you may carry a firearm capable of being concealed on his or her person, not that it shall or will be concealed. I always carry a backpack while hunting, and I usually carry my off-duty weapon on the waist belt under a pouch. This is not totally concealed, so is it acceptable or is it going to be left to officer discretion in the field? (Ken)

Answer: Yes, this is acceptable, but make sure to carry your peace officer identification to avoid any confusion.

“A peace officer …, whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow …, but shall not take or attempt to take deer with the firearm” (Fish and Game Code, section 4370(b)).


Lifetime fishing license is too long!
Question: I purchased a lifetime fishing license about 10 years ago. What used to be a small piece of paper that I could put in my wallet or keep in my tackle box has grown to where it’s now more than six feet in length. How about giving me a credit card type of license I can recharge every year instead of a new one? This would save a lot of money and be a lot easier to carry. (Michael T.)

Answer
: When lifetime items are renewed online, multiple items (tags, report cards, etc.) ordered together may arrive in one envelope and be printed out together as one long document. This accounts for the document length you describe, but just so you know, you should separate your documents on the dotted line printed between documents to make them more manageable.

According to California Department of Fish and Wildlife (CDFW) Associate Governmental Program Analyst Brent George, our License and Revenue Branch at one time considered a credit card system for lifetime license customers. Although the idea has some merit, they found that given California’s large population, and the overall complexity of sport fishing and hunting privileges available throughout the state, this solution is not practical. CDFW always tries to consider all viable options when developing licensing solutions for California’s hunters and anglers.


Spearfishing in Duxbury Reef State Marine Conservation Area
Question: I have a question regarding fishing regulations as they apply to spearfishing in the Duxbury Reef State Marine Conservation Area. The regulation provides that “take of all living marine resources is prohibited except the recreational take of finfish (California Code of Regulations Title 14, section 632(a)(2)) from shore and abalone.” Can I swim from shore and spearfish? I would assume the answer is yes because one has to swim from shore to dive for abalone, so swimming from shore to spearfish should similarly be allowed. What about using a kayak to get out to the dive spot? Or, what about inner tubes or boogie boards? (Gary R.)

Answer: Although you may swim from shore to take abalone, you may not spearfish in the Duxbury Reef State Marine Conservation Area. Finfish may only be taken from shore in this area (CCR Title 14, section 632(b)(50(B)).


Need a definite schedule for upcoming grunion runs
Question: I grew up in California but now live in New York. I am coming for a visit and would love to bring my kids to see a grunion run. I have your schedule but want to know if it is a definite schedule. I know they follow the full moon cycle but just want to know if there has ever been a time when you predicted the grunion will spawn on a certain day but they did not? (Andrea C., New York)

Answer: Grunion runs will occur on most southern California beaches, but unfortunately for people trying to see the grunion runs, they may not occur every night on the same beaches and may be limited to small areas of any one beach. Sometimes grunion choose not to run on beaches that are known for grunion runs; only they know why. Long story short, there are no guarantees, but as with most fishing efforts, if you don’t try you certainly will not see or catch any fish!

Grunion will spawn somewhere in their range on the days predicted; if they do not show up on one beach, they are usually at another beach. The schedule predicts the best possible times to view the runs, based on years of documentation of their behavior. Beaches that frequently host grunion runs are listed online under What Every Grunion Hunter Should Know > Best locations, on http://www.dfg.ca.gov/marine/grunion.asp#hunter.

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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.

Which Fish Species Can Be Filleted at Sea?

Only certain ocean fish are allowed to be filleted at sea. Check section 27.65 (c) in the Ocean Fishing Regulations booklet

Only certain ocean fish species are allowed to be filleted at sea. Please check the 2015 Ocean Sport Fishing Regulations booklet (section 27.65[c] on pages 33-34) for an outline of which species may be filleted at sea while on a boat, and which may not.

Question: I need to get the straight answer regarding filleting game fish while on a boat. In the ocean/bay waters, do I need to keep stripers and leopard sharks intact until I get home or can I keep the fillets in one piece with a one inch or more square of skin left on each fillet? Also, are the rules different for inland waters regarding the filleting of fish? (Howard A.)

Answer: You can find an outline of which species may be filleted at sea while on a boat and which may not under section 27.65(b) and (c) on pages 33-34 in the Ocean Sport Fishing Regulations booklet. Only those listed as allowed to be filleted can be filleted. Striped bass and leopard sharks are not on this list and so may not be filleted at sea.

  • Section 27.65(c): Fish That May Not be Filleted, Steaked or Chunked: No person shall fillet, steak or cut into chunks on any boat or bring ashore as fillets, steaks or chunks the following: any species with a size limit unless a fillet size is otherwise specified in these regulations. California halibut may be filleted or brought ashore as fillets south of Point Arena (Mendocino County).

Since the regulations specify minimum lengths for stripers (18 inches total) and leopard sharks (36 inches total), but no fillet lengths, neither species can be filleted while on a boat or brought ashore as fillets, steaks or chunks.


Hunting with a .22 caliber rim fire in a lead free zone?
Question: I was wondering if you could still hunt with lead .22 caliber rimfire in a lead free zone. I’ve been looking for lead free .22 caliber rimfire rounds and its very slim pickins out there. (Cory S.)

Answer: Although the availability of nonlead ammunition may be improving with time, the California Department of Fish and Wildlife (CDFW) recognizes it can still be hard to find some calibers. It will take additional planning to participate in hunts where nonlead ammunition is required. We encourage hunters who intend to participate in these hunts to plan well ahead to be sure they have legal ammunition. There are a number of lead free .22 rimfire rounds that are manufactured, and stores in the California condor range may be most likely to have them in stock. We recommend searching on the Internet and calling ahead to local retailers. Remember that .22 rimfire is only legal to use when hunting small game and nongame animals. Current law does not require use of nonlead ammunition when taking rabbits or tree squirrels, unless you are hunting on CDFW lands, but nonlead ammunition will be required statewide for all hunting beginning July 1, 2019.


About Marine Life Protection Act (MLPA) web map
Question: I read a journal article recently about California’s Marine Protected Areas (MPA) but cannot locate a website showing exactly where the MPAs are. Do you have anything posted online where I can go or something you can send me? (Jamie)

Answer: Printed MPA guidebooks are available via some of the same vendors that sell fishing licenses so that you can easily obtain them (see http://www.dfg.ca.gov/marine/mpa/guidelocations.asp). If you have problems finding a guidebook, please contact your local CDFW office and ask them to send you one.

If you like the utility of Google Maps, you might appreciate MarineBIOS (see http://map.dfg.ca.gov/marine/ ) a map that you can use to zoom in close on marine protected areas to get a fix on the boundaries. MarineBIOS lets you choose your “basemap.” You can use satellite imagery, a street map or other basemaps, whatever makes the most sense for your situation. (Click on the green basemaps button in the upper left-hand corner of the screen to access these options).

If you have a smartphone or other mobile device with GPS capability, you can use the map on MPAmobile (www.dfg.ca.gov/m/MPA/) to show you where you are in relation to any MPAs, and you can look up information on individual MPAs.

All this information and more is available online at (www.dfg.ca.gov/marine/mpa/). On this web page, in the Popular Resources box to the right, you’ll find the top four big blue buttons lead you to these resources, so these should help you learn where California’s marine protected areas are.

A new Marine Management News blog post also describes resources you can use to learn about MPAs (see https://cdfwmarine.wordpress.com/2015/06/02/mpa-maps/). If all else fails, you can email your MPA questions to AskMPA@wildlife.ca.gov and we will be glad to assist you.

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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.

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.

Shouldn’t Wildlife Officers Display Badges?

Anglers fishing along the popular Owens River during the Eastern Sierra Trout Opener weekend (Photo by Carrie Wilson)

Anglers fishing in the popular Owens River Valley during the Eastern Sierra trout opener weekend (Photo by Carrie Wilson)

Question: During the 2015 Eastern Sierra Trout Opener, I was checked three times by California Department of Fish and Wildlife (CDFW) wardens for license and barbless hooks. I was in compliance each time. On the three contacts the wardens were wearing jackets and hats that did not have any CDFW insignias or badges on them. On two occasions the wardens stated that they were wardens and I could see radio and gun holsters sticking out from under their jackets. They did not show me any credentials or badge. On the other contact the warden pulled open his jacket collar and showed me his lieutenant bars.

My question is what citizen rights do I have to ask to see a badge or credential during a contact, and what is the policy of CDFW for displaying and showing proper credentials when making a contact, not just telling me he’s a warden? I understand the need to be “undercover” before making a contact, but once the contact is made I think more than just saying you are a warden would be necessary. After the third contact where the warden showed me lieutenant bars, this lack of identification was getting a little old and I believe unprofessional. I had no way of identifying these wardens by name or badge number. (Michael M.)

Answer: You have every right to ask to see their credentials. As I’m sure you know, the Eastern Sierra Trout Opener is a very popular event that draws tens of thousands of anglers to the area during that weekend, and you were fishing in a high contact area, so it’s not unusual that you were contacted by wildlife officers, even multiple times. And because that area is so open and highly visible, and because people are easily seen from a long distance away, wildlife officers often wear a cover shirt over their uniforms and a fishing hat to better blend in and look like another angler so that they can more easily watch everyone without being immediately detected. Our goal is to encourage compliance even when anglers don’t see a wildlife officer in the area.

However, if you were uncomfortable with the contact(s) because you could not be sure the person really was a wildlife officer, by all means, you have the right to ask them, or any peace officer who is contacting you in a law enforcement capacity, for their identification. That is definitely a reasonable request and the wildlife officer should not mind showing you their credentials upon request.

By the way, I spoke to the wildlife officer who likely contacted you (at least one of the times!). He welcomed your comments and wanted me to encourage you to request to see his credentials next time and he will be happy to show them to you.


Rifle silencers for a hunter with substantial hearing loss?
Question: I have substantial hearing loss and my doctor recommended surgery to correct my problem. The issue is that my hearing will be very sensitive to noise afterwards and so shooting a rifle could actually damage it greatly. I am wondering if, when hunting, can an exception be made to allow me to use a silencer on my rifle? (Carlos)

Answer: Unfortunately, the answer is no. It is a felony to possess silencers, except for law enforcement and military purposes (California Penal Code, section 33410). Your best bet is to wear hearing protection while hunting. There are many choices out there and some actually enhance your ability to hear ambient noise while minimizing any loud noises, such as gunshots. Wildlife officers use this type of hearing protection during firearms training.


Ab in a Cab?
Question: I found a sub-legal abalone shell in the stomach of a legally caught cabezon. Is a small abalone shell like this legal to possess? My wife likes it and I want her to know it’s legal to possess. (Ken K.)

Answer: Yes!


How many fishing rods in possession at one time?
Question: How many fishing rods can be in one’s possession? I have a second rod stamp but want to know if I can carry more than two rods with me? Although I may be on foot fishing from the bank, I see anglers on the bass tourney TV shows fishing while still having several rods on their boats. What advice do you have? (Joe P., Red Bluff)

Answer: The number of rods in your possession is not the issue, it is the number of lines that you have in the water fishing at one time. You may have as many rods as you wish in your possession – just make sure to use only the number allowed for the species of fish or for the particular waters that you’re fishing.

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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.

Is a Fish Caught on Another Angler’s Line Legal to Keep?

(USFWS photo)

(USFWS photo)

Question: I am hoping you can resolve a question that came up in one of our recent fishing club meetings. On a recent trip to Lake Isabella, I caught a very nice rainbow trout (18 inches long!). The way it was caught is the subject of debate within our club. I was fishing on a pontoon boat and when I landed the fish, it wasn’t on my hook. Apparently, the fish had been hooked by someone else previously, and broke off. I don’t know who or when, but when I reeled the fish in it had a couple of feet of the previous fishing line, with a hook and split shot still attached to it. The previous angler’s hook was still hooked into the fish’s mouth. Somehow the split shot and old line became tangled in my tackle. The fish was landed after a brief fight, netted and added to my bag limit. The question is: Is this considered a legally caught fish? We await your response. (Luiz D.)

Answer: No fish may be retained that did not voluntarily take the bait or lure into its mouth (California Code of Regulations Title 14, section 2.00(c)). Although you accidentally snagged the broken off line from a previous angler, you may have saved that fish from an otherwise slow death. If that old line had instead gotten hung up on a rock or bush, preventing the fish from freely moving around, the fish could have died of a lack of gill movement or starvation. Since your fish had taken an angler’s bait or lure into its mouth, it was legal to keep. The intention of angling is that the fish take a hook in its mouth, and this was accomplished.

If you had instead snagged this fish by impaling or attempting to impale it in any part of its body other than the mouth by use of a hook, hooks, gaff, or other mechanical implements, this would have been illegal (CCR Title 14, section 2.00(b)). This does not include the lawful use of a gaff to land the fish.


Which firearms and ammo can be used for night hunting?
Question: I am having trouble finding a specific section related to which firearms you are allowed to hunt with at night. Word of mouth has always been that only rimfire rifles and shotguns may be used at night. I know that in other states you can use a regular centerfire rifle so I am wondering if we can also use them here. If not, are we only allowed rimfire and shotguns? Also, are there any exceptions for mounting a flashlight to a gun? (Taylor F.)

Answer: If you are in an area where night hunting is legal, you may only take nongame mammals and furbearers. Night hunting is restricted to the method of take allowed for these animals (under CCR Title 14, section 475). You are not restricted related to the use of rimfire, centerfire, or shotgun, except you may only use and possess non lead ammunition in the condor zone and while hunting on all state-owned lands.

For regulations on the use of lights, please check the California Mammal Hunting Regulations booklet (CCR Title 14, section 264 on page 18 and Fish and Game Code, section 2005 on page 20).


Why is abalone season closing during July?
Question: Just curious, why is abalone season closed in July? (Ashton H.)

Answer: The July break in abalone season was instituted to help conserve the resource. Originally, a two-month summer closure was proposed for the recreational abalone season, but it was reduced to one month – July – to avoid the possible negative economic impacts on North Coast areas that rely on tourism. Because weather and ocean conditions are usually better in July, and many people take vacations and visit the North Coast at that time, July was chosen as the summer month to give abalone a “break” from the heavy take that occurs during the summer. This measure is to help California’s red abalone population remain a healthy resource.


Where’s the best beach to watch a grunion run?
Question: Where is the best beach to take my son to in Southern California to see the grunion? I realize it’s a bit of a guess but I would really like him to see them. Do you have any educated guesses? (Jeffrey D.H.)

Answer: You are correct that it really is anyone’s guess where grunion will run ashore since just about any sandy beach in Southern California is fair game to the grunion! But, for a list of known grunion beaches, please visit our Amazing Grunion web page at www.dfg.ca.gov/marine/grunion.asp#hunter (look under Best Locations). Best of luck! I hope you and your son are able to see a grunion run!

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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.