Tag Archives: regulations

Stowing Gear through Marine Reserves?

Posted on May 16, 2013 | Leave a comment
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.

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Posted in Food/Health, Invertebrates, Methods Of Take, Methods Of Take, Tackle, Uncategorized, Wildlife Encounters

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Archery Practice Down a Dirt Road?

Posted on May 9, 2013 | 1 Comment
(Photo by Michigan DNR)

The most important factor to always keep in mind while archery shooting is public safety (Photo by Michigan DNR)

Question: My neighbor who lives a few houses down from me has a 15-year-old son who shoots his BB gun in his backyard. I used to shoot my bow in my backyard until my dad found out it’s illegal. I am 13 and live in the mountains of Southern California (close to San Bernardino) and am hoping it might be legal to practice my archery by shooting down a dirt road? Can you please let me know ASAP? Thanks. (Ashmanger)

Answer: Generally, Fish and Game Code laws only regulate the use of archery equipment or firearms while hunting. However, the same rules for firearms apply to archery equipment in this situation – you may not shoot over or across a road or within 150 yards of a neighbor’s home, barns or outbuildings, even if just archery target shooting (Fish and Game Code, section 3004). If you are on a private road on private property (off the public roadway), no Fish and Game Code law prohibits target practice with your bow and arrow. Beyond this, different counties and communities may have more restrictive ordinances that they enforce so you should check with your local law enforcement office for this information.

The most important factor to always keep in mind is public safety. Well-traveled roads and highways, or even those occasionally traveled, are not appropriate places to shoot. If you were to injure another person or livestock, or damage property, you could be subject to civil and possibly criminal prosecution. While shooting even just off a road may be legal, it may not be safe.

Hooks for salmon in San Francisco Bay?
Question: When fishing for salmon from the bank in the San Francisco Bay with spinning lures, is a single barbless hook ok or does it have to be a barbless circle hook attached to the spinning lure? (Terry D.)

Answer: Barbless circle hooks are only required when fishing with bait and angling by any means other than trolling. Since you’re not using bait, no circle hooks are required, even though you are not trolling. You must be doing both things – using bait, and fishing in a manner that is not trolling – to be required to use barbless circle hooks. In addition, you should be using no more than two single-point, single-shank barbless hooks with your spinning lure (California Code of Regulations Title 14, section 27.80.)

Fishing attractant or pollutant?
Question: I have heard that spraying WD-40 on a fishing lure as a fish attractant works well. Is it legal to use? There seems to be much confusion as to what is actually in WD-40. I would also like to know if the sunscreen I put on before entering the water is hazardous to marine life. (Ray I.)

Answer: It is not legal to spray WD-40 on your fishing lures as an attractant. The same goes for any substance that may be harmful to fish (e.g. sunscreen).WD-40 contains petroleum and is specifically prohibited by law to be deposited or introduced into the waters of the state (Fish and Game Code, section 5650). When it comes to sunscreen, I would just try to use discretion as any foreign substance, even sunscreen, may carry chemicals that may be harmful to fish and other aquatic life if introduced in large enough quantities. General rule of thumb is when applying sunscreen, wait 20 minutes before swimming for it to completely soak into skin so that it is less likely to wash off in the water.

How to determine private vs public property?
Question: How do I find if a body of water is legal to fish out of? I am wondering about a local lake with a public road that leads up to it. There are no private property signs posted anywhere. However, from a boat you can see signs are posted in some of the yards. (Anonymous)

Answer: Even though private property perimeters are required to be either fenced, under cultivation, or posted with no trespassing signs at 1/3 of a mile intervals (Penal Code Section 602.8) so the public knows or can determine correctly if the property is private, it’s best to stay on the safe side. If you can’t find signs specifically prohibiting access, trespassing and fishing, you may want to contact your local sheriff’s office, which should be able to define which waters and properties are public, which are private and where the boundaries are.

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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.

The most important factor to always keep in mind while archery shooting is public safety

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Posted in Archery, Saltwater Fishing, Tackle, Uncategorized

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Bow Hunting for Turkeys

Posted on April 18, 2013 | Leave a comment
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.

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Posted in Hunting, Saltwater Fishing, Turkey, Uncategorized

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