Tag Archives: spearfishing

How to Get to Shore when Boat Fishing is Closed?

Kayak fishing1

Kayak fishing (Creative Commons photo)

Question: I’m aware that during the non-boat rockfish season (i.e., winter/spring), anglers are required to either fish from shore or spearfish for these species. My question is in regard to whether using a boat to access an on-shore fishing spot is acceptable. Specifically, can I use my boat or kayak to reach a good shore fishing location, fish from shore and catch my fish, then get back in the boat for the ride home? I wouldn’t be fishing from the boat, but instead using it to transport me to my shore fishing location. Thanks for your help. (Rick R.)

Answer: No, I’m afraid you will need to strap on your hiking boots and walk in to your favorite fishing spots along the coast during the boat-based fishing closures. Arriving by boat would not be legal as each of the groundfish management areas have a specific section stating, “No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision.” Depending upon which groundfish management area you plan to fish in (Northern [27.25], Mendocino [27.30], San Francisco [27.35], Central [27.40] or Southern [27.45]), this regulation can be found under section (c)(3).


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

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


Are black mussels from Bodega Bay under quarantine, too?
Question: While we were fishing from the shore in Bodega Bay last weekend I noticed a lot of beautiful black mussels on the rocks. I believe the limit is 10 lbs/person but wanted to make sure it was the safe season to eat them. Are they under quarantine for domoic acid, too? Thank you for your help!!! (Ben L.)

Answer: You are correct that the limit is 10 pounds (in the shell) for California sea mussels and bay mussels in combination (CCR Title 14, section 29.55). Mussels are not currently under quarantine. The California Department of Public Health (CDPH) monitors for natural toxins that occur along the coast that may affect wild mussels. Mussels are regularly quarantined on an annual basis, usually from May through October, because mussels are a particularly high risk species because they have the ability to concentrate toxins very quickly. When dangerous levels of toxin are detected in mussels, CDPH will begin testing other shellfish species as well for these toxins, if samples are readily available. If samples are not easily obtained, or if toxin levels are increasing rapidly, CDPH will issue a press release announcing a special health advisory for the potentially toxic seafood species in the affected area.

To check for real time advisories, go to http://www.dfg.ca.gov/marine/healthadvisory.asp.To check for an advisory or quarantine in advance of any mussel-collecting trip, you can also call the CDPH Biotoxin Information Line at (800) 553-4133. For more information about the annual mussel quarantine, please visit the CDPH website at http://www.cdph.ca.gov/Pages/MusselQuarantineFAQ.aspx.


Can pesky squirrels be relocated?
Question: Is it permissible to relocate pesky squirrels that are destroying or damaging private property? (Fred, Redding)

Answer: No. Small nuisance mammals that are damaging property may be taken by the owner but may not be released alive except in the immediate area. Relocating nuisance wildlife not only relocates the problem but also places the critter into an area where it has no established shelter or food and water source, and could potentially spread disease. A depredation permit may be issued for tree (gray) squirrels, unless it is the gray squirrel season when hunters are allowed a four squirrel bag and possession limit.


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

Answer: Persons diving from a boat or shore may have their license on the boat or within 500 yards on the shore, respectively (Fish and Game Code, section 7145).

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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.

Can Anglers and Divers Help Fill Another’s Bag Limits?

Divers cannot help one another to fill their bag limits. Only anglers fishing from boats on the ocean can help others fill their limits (CDFW photo by Derek Stein)

Divers cannot help other divers fill their bag limits. Only ocean anglers fishing from boats can keep fishing until all anglers aboard have limits (CDFW photo by Derek Stein)

Question: We do a lot of ocean fishing and spear fishing and have a question: Does an angler or spear fisher have to stop fishing once they reach their bag limit even if they are with another licensed angler or spearfisher without their limit? For example, if I am on my boat fishing for rockfish with a friend and I catch my limit but my licensed friend is having a slow day, can I legally gift him some of my limit and continue fishing? The same with spearfishing. I know in years past I have been on boats where fishing was not stopped until the boat had limits for everyone fishing. This seems like a gray area to me and I just want to make sure I am following legal and ethical methods while diving and fishing. Thank you. (Charlie C.)

Answer: You can help your friends who are having a slow fishing day only if you are fishing from a boat on the ocean. “Boat limits” are allowed only for ocean anglers fishing for finfish while aboard a boat. This does not apply for divers or for people fishing for invertebrates (e.g. lobsters and crab) or for anglers fishing in freshwater lakes and streams. Boat limits mean that all licensed anglers (and anglers under 16) may keep fishing until enough fish have been caught to fill all the anglers’ collective bag limits. It doesn’t matter who caught the fish as long as nobody is over-limit when they depart the boat. This provision is allowed only in this situation for saltwater anglers fishing with hook and line. It does not extend to divers or to shore fishermen or to people fishing in inland waters (California Code of Regulations, Title 14, section 27.60[c]).


GPS collars for training hunting dogs?
Question: I am training hunting dogs for raccoon and pig hunting and need to buy new tracking collars that I can also hunt with. I’ve always used these old radio frequency collars but want to replace them with some good global positioning system (GPS) collars. One of my hunting buddies says he thinks these GPS collars are going to be illegal to hunt with though. Is that true? (Bart H., Merced)

Answer: Yes, it’s true. GPS collars and collars with treeing switches are prohibited when using dogs for the pursuit/take of mammals (CCR Title 14, section 265(d)). GPS retrieval collars employ electronics that utilize satellite transmissions. Collars with treeing switches utilize a mercury switch mechanism that changes the collars’ signal transmission when the dog raises its head toward a treed animal.


How is the high tide line within MPAs determined and enforced?
Question: In MPA zone mapping, who and how determines what is the “mean high tide” boundary? How is this enforceable to determine if you are in the MPA zone or not? (Anonymous)

Answer: The shoreline shown on nautical charts represents the line of contact between the land and water at a selected vertical datum. In areas affected by tidal fluctuations, this is usually the mean high-water line. In confined coastal waters of diminished tidal influence, a mean water level line may be used. The shoreline of interior waters (rivers, lakes) is usually a line representing a specified elevation above a selected datum. A shoreline is symbolized by a heavy line.


Throw nets to catch baitfish in private lakes?
Question: Can I use a throw net to catch baitfish (threadfin shad) in a private lake? I am assuming that since it is a private lake, it should be fine, right? (Daniel B.)

Answer: California Department of Fish and Wildlife (CDFW) fishing regulations generally do not apply in any water that is self-contained without any hydrological connection to state waters, or to any fish that are planted by the owner or person in control of the property. In these waters fishing methods are not governed by CDFW regulations. However, it would be a violation of the law to transport fish alive from the water where they were taken (CCR Title 14, section 1.63).


Can I mount a camera to my rifle scope to record my hunt?
Question: Is there any law against mounting a camera to the scope of a rifle to record my hunting experience? (Anonymous)

Answer: No, there is no law against this as long as there is no light emitted from the camera.

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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.

Why Don’t Some Deer Shed Their Antlers?

Stag1

Deer that don’t shed their antlers are commonly called “stags”. This is usually the result of some kind of injury (or maybe deformity) of the testicles. Weird looking antlers can also result from injury to the antlers while in velvet. (Photo by Carrie Wilson)

Question: I recently heard about a few Southern California bucks that seem to carry their antlers year round. One person I heard from insisted they were mountain biking and repeatedly saw the same deer in January and in May with a 4×3 rack. While I disagreed with the person telling me this, I admitted I am no biologist and didn’t know what they were seeing. Do some deer out here not shed their antlers? I was under the impression that even though nutrition, water and climate might affect when they shed, that deer always shed their antlers. Can you share some info or point us in the right direction to learn more about the antler shedding process here in SoCal? (Al Q.)

Answer: Deer that don’t shed their antlers are commonly called “stags”. This is usually the result of some kind of injury (or maybe deformity) of the testicles. Testosterone plays a role in both antler development and shedding, so injuries can really affect the types of antlers they have. Weird looking antlers can also result from injury to the antlers while in velvet … but those kind usually fall off normally and are replaced the next year with “normal” antlers.

So, this proves there are indeed exceptions to every rule — even biological ones!


Incidental take while spear fishing?
Question: What happens if a spearfishing diver spots a large fish and shoots and spears it without realizing until too late that it’s a giant (black) sea bass or another prohibited species? Then after the fish is speared and brought to the surface, the spearfisher identifies they have a fish they can’t take or possess and promptly returns it to the ocean. Has the spearfisher violated any laws?

A fisherman (angler) who catches a prohibited species while fishing for other species can argue that the take was unintentional/incidental. Could the spearfisher successfully make a similar argument? (Steve H.)

Answer: Spear fishermen are responsible for identifying their targets before they pull the trigger and can be held accountable for shooting a prohibited species. They are also responsible for ensuring that any fish they shoot meets the minimum size limit requirements for that species, again, before they pull the trigger.

A short lingcod or illegal giant sea bass, for example, is unlikely to survive after being shot by a spear fisherman who has the ability to select his target carefully; a short or illegal fish is much more likely to survive being hooked and released by an angler fishing from a boat, who cannot selectively target which individual fish he wishes to catch.

If a diver is unsure about the size or identity of the fish he/she’s aiming at, he/she should choose a different target. Shooting a fish that you’re unsure of could be illegal, and we believe that many spear fishermen would consider it unethical, as well.

All of these same principles also apply to hunters. No one with a rifle, shotgun, spear gun or even bow should pull the trigger unless absolutely 100 percent sure that their intended target is of legal size, species, gender, etc. An accurate (or even lucky) shot made, but with an error in judgment, isn’t worth the repercussions of breaking the very laws enacted to protect the state’s fish and game.


Why the health warnings for brown trout?
Question: In the fishing regulations there are safe eating guidelines for Donner Lake. I am trying to figure out why there are different recommendations for brown trout compared to rainbow trout. The guidelines suggest people eat only one serving of browns vs. seven servings of rainbows. Why? (Tim Worley)

Answer: The recommendations in our regulation booklet are from the Office of Environmental Health Hazard Assessment (OEHHA). The recommendations are probably from actual studies done by OEHHA of mercury levels in edible flesh from these two species from Donner Lake.

According to Dr. William Cox, California Department of Fish and Wildlife (CDFW) Program Manager of Fish Production and Distribution, we do not plant brown trout in Donner and so those fish are essentially wild and older in the system. Therefore, they have been on natural diets and accumulating mercury from the naturally occurring insects and aquatic life that comprises their food chain.

CDFW does plant rainbow trout in Donner as part of what we call a “put-and- take” fishery. For most of their lives those fish are not eating natural feeds, and are generally not piscivorous like the brown trout, so they accumulate much less mercury. Humans, especially children and women of child bearing ages, need to limit their intake of mercury because it can have serious health effects, including death.

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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.

Herding and Spearing Fish in Shallow Saltwater

Thornback skate (CDFW photo by Derek Stein)

Thornback skate (CDFW photo by Derek Stein)

Question: Over the past few years, I have noticed an increasing number of people attempting to spear corbina while wading in shallow nearshore waters (multiple counties in Southern California). These folks are in the water but not transiting to deeper water. They do not ever swim or float, they are throwing their spears/Hawaiian slings at fish while standing upright upon the bottom. In some cases, they even work in small teams to corral fish by driving them into shallow beach depressions.

I note that the 2013-14 regulations, section 28.90 starts with: “Persons who are floating or swimming in the water may use spearfishing gear and skin or SCUBA diving equipment to take…” So, I guess this question revolves around the definition of the word “swimming” as interpreted by the California Department of Fish and Wildlife (CDFW). Are either of these practices legal? (Anonymous)

Answer: The activities you describe are neither swimming nor floating. This activity is allowed only for the take of skates, rays and sharks (California Code of Regulations Title 14, section 28.95). If they want to spear any other type of fish, they need to be swimming or floating. Corralling the fish with their bodies would be legal if they were swimming or floating.


How many spider crabs?
Question: We were fishing off the Santa Barbara Pier last weekend and kept catching spider crabs. We wanted to keep them but couldn’t find them mentioned in the regulations and so didn’t know if we could take them. What are the limits or regulations are on spider crabs? (Stan M., Modesto)

Answer: Spider crabs fall under the general section 29.05 in the Ocean Sport Fishing Regulations booklet. Therefore, there are no closed seasons, closed hours or minimum size limits. The bag limit on spider crabs, as well as other invertebrates not covered in more specific laws for which the take is authorized and for which there is not a bag limit otherwise established, is 35.


Calls and sounds to attract a buck?
Question: I have done most of my hunting in other states and am wondering two things. First, can I use a buck grunt, rattle horns together or use a non-electronic doe bleat to attract a buck? Second, does California require deer hunters to wear blaze orange during rifle season? (Colt Wells)

Answer: Yes, buck grunts, rattle horns and doe bleats to attract bucks are legal to use as long as none of these sounds are electronically produced or transmitted. Regarding blaze orange, California fish and wildlife laws do not require hunters to wear blaze orange while hunting deer, but some local rules in some areas, such as military reservations, may require blaze orange to be worn. Even if it is not required, wearing blaze orange does help you to be more visible to other hunters, so it’s a good idea to wear whenever possible for your safety. One thing to note regarding deer, they cannot detect the color orange. To deer, orange looks gray.


Trout possession limits
Question: I know that certain lakes allow the take of five trout per day. I understand if I’m fishing with my son (10 years old), we can take 10 fish. My question is, does it matter who catches how many? Do I have to stop fishing once I have five fish even though between the two of us, we do not have the limit for the day? Does it matter which fishing pole? If his fishing pole catches two fish but I help pull a fish in on his pole for him, does the fish register as my fish or his? Even though he knows how to cast, he is not strong enough to throw as far as I do. Can I cast for him? When he has a bite, can I help him with the fish as long as he is the one reeling it in? I know I am asking a lot of questions but I’ve heard people tell me different things and it’s not listed specifically in the California regulations. Just want to make sure I’m not doing anything wrong when fishing out there. Thanks for your help. (Kyosuke)

Answer: You and your son can each take five fish, and yes, it does matter who catches what. Each person is responsible for their own catches. Once you catch your bag limit, you must stop fishing. While “boat limits” are allowed when fishing on the ocean from a boat, this same practice is not allowed when fishing from shore or when fishing in freshwater. You can offer your son some assistance, but he must do his own 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 Cal.Outdoors@wildlife.ca.gov.

Please do not reply to this e-mail. DFGNews@wildlife.ca.gov is for outgoing messages only and is not checked for incoming mail. For questions about this News Release, contact the individual(s) listed above. Thank you.

Subscribe to CDFW News via e-mail or RSS feed. Go to http://www.dfg.ca.gov/news.

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Ground Squirrels for the BBQ?

Ground squirrels may be taken at any time. However, before tossing one on the barbecue, you should be aware of the possible health dangers (Photo by Carrie Wilson)

California ground squirrels may be taken at any time. However, before tossing one on the barbecue, you should be aware of the possible health dangers (Photo by Carrie Wilson)

Question: I heard there are some concerns with eating ground squirrels in general. Is there some truth to this? If so, why do I see recipes to cook and eat them? Are they like chicken and pork where if you ensure the meat is cooked thoroughly, you should be okay? I like to go squirrel hunting with my son, but since tree squirrels may not be hunted now, ground squirrels are our only option. Any guidance would be helpful! (Highhorse L.)

Answer: Tree squirrel season runs between September  and January. California ground squirrels are not a game animal though, so from a legal standpoint, they have no seasons, bag or possession limits. If taken in the condor zone, ground squirrels must be hunted with non-lead ammunition.

Before attempting to eat them though, according to California Department of Fish and Wildlife (CDFW) veterinarians, there’s a lot we don’t know about diseases in ground squirrels. We do know they carry fleas and are highly susceptible to plague and probably die within a short period of time after exposure to the disease agent.

Also, anyone even thinking of eating ground squirrels should first make sure there is no chemical ground squirrel control going on in the area because ground squirrels are commonly controlled by anticoagulant rodenticides. If the ground squirrel consumes a non-lethal dose, the rodenticide would still persist in their tissues for a few weeks or months.

Be aware that both the Center for Disease Control and Prevention website www.cdc.gov/plague/and the California Department of PublGround_Squirrel_USFWSic Health site www.cdph.ca.gov/healthinfo/discond/Pages/Plague.aspx indicate the greatest risk of acquiring plague is being around infected rodents like ground squirrels due to their fleas. Humans usually get the disease after being bitten by a rodent flea that is carrying the plague bacterium or by handling an animal infected with plague. During the Middle Ages, plague is infamous for killing millions of people in Europe. Today, modern antibiotics are effective in treating plague. Without prompt treatment, the disease can cause serious illness or death.

Plague is endemic everywhere in California, except the southeastern desert and the Central Valley. It is not active everywhere in that range though, so before your hunt I suggest you contact the county public health department in the areas you will be hunting to find out the status and history of plague in those areas. Watch out for the state-protected Mohave ground squirrel found only in the Mojave Desert. They are not legal to take, so be sure you can tell them apart from the California ground squirrel.

If after reading all this you’re still determined to eat ground squirrels, like with all wildlife, make sure they are cooked thoroughly. Proper preparation and cooking is key to avoiding and minimizing exposure to disease. Bon appetit!


Can my kids spearfish for carp?
Question: I have a question concerning spear fishing for carp. When I was a kid, we used to go into the creeks and spear big carp. On the Russian River during the fall, I would see tens of thousands of huge carp congregating. Can I let my kids go into the water with a mask and fins and spear these 10-20+ pound carps? I would think that would be helpful for the river and we can pass the meat out to our multi-cultural friends. (Anonymous)

Answer: Spearfishing for carp is allowed only in the Colorado River District (all year) and in certain areas of the Valley District, Black Butte Lake and the Kern River (from May 1 to Sept. 15) (CCR Title 14, section 2.30).


Why no harvest odds this year?
Question: Why did the Big Game Digest omit the harvest odds for deer this year? Why do they not publish buck-to-doe ratios either? Other states share that information and it’s a lot more helpful than those colorful articles in this year’s booklet. I am afraid to spend my points blindly. (Todd S.)

Answer: The answer has more to do with timing than anything – harvest and ratio data were simply not available when the Big Game Digest was developed. We are still adapting the harvest analysis to the new Automated License Data System (ALDS). Harvest data first has to be entered into the database, and then the analysis takes place. The deer harvest data was posted on-line as soon as it was available at www.dfg.ca.gov/wildlife/hunting/deer/deerhunt.html.


Fishing license when practicing fly fishing?
Question: Will we need a fishing license at Big Bear Lake if we are only fly rod casting in the water? We just want to learn how to cast a fly rod and will be using a fly without a hook on it. (Patrick G., Las Vegas, NV)

Answer: You do not need to have a license if the fly is not capable of hooking a fish.

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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.

Please do not reply to this e-mail. DFGNews@wildlife.ca.gov is for outgoing messages only and is not checked for incoming mail. For questions about this News Release, contact the individual(s) listed above. Thank you.

If White-tailed Deer Stray into California, Can We Shoot?

White-tail deer (Photo courtesy of USFWS)

White-tailed deer (Photo courtesy of USFWS)

Question: If white-tailed deer were to migrate into California from Oregon or Idaho, could they be shot here on sight since there is no season or provision for that species? (Scott H.)

Answer:  No. Since Fish and Game Code, section 3950(a) defines deer as genus Odocoileus, which includes white-tailed deer, white-tailed deer can only be taken under the normal deer hunting provisions for the area in which it wandered.


Spearfishing in the Sacramento River
Question: I live in the Valley District and am wondering if it is legal to spearfish in the Sacramento River? I know there are carp, pikeminnow (squawfish) and western suckers. I’ve been searching online and many people say you can’t spearfish in any fresh water system, including streams, lakes and rivers. I have spearfished in the ocean but not in fresh water yet. I keep hearing different things from people regarding the spearfishing.

Also, is there any recommended equipment for spearfishing? Can homemade or custom-built equipment be legally used for spearfishing? I know the Valley District is only open for a short time (five months) for spearfishing. (J.T. Moua)

Answer: Spearfishing is allowed but there are some restrictions. First of all, please pick up a copy of the 2012-2013 Freshwater Sport Fishing Regulations booklet available free of charge at most stores or DFG offices that sell fishing licenses or online at www.dfg.ca.gov/regulations/. Section 2.30 (page 15) lists the only species that may be taken in the Valley District between May 1 and Sept. 15. For a description of the boundaries for the Valley District, please see section 6.36 (page 27). In addition, you may not spearfish in designated spawning areas. There are no specific definitions regarding the spears that may be used, so you may build your own or buy a custom made spear. For a definition of what regulations constitute spearfishing, please see section 1.76 (page 13).


How many hooks are allowed when sturgeon fishing?
Question: When fishing for sturgeon, how many hooks are allowed?

Answer: Only one single point, single shank, barbless hook may be used on a line when taking sturgeon.


When a sturgeon is accidentally caught on the wrong gear …?
Question: If a legal-sized white sturgeon is caught accidentally on a barbed hook (e.g. while fishing for striped bass), can it be legally kept as long as the angler possesses a sturgeon report card and tag? (Anonymous)

Answer: No, even if accidentally caught, barbed hooks are not an authorized method of take for white sturgeon. Thus, even legal-sized white sturgeon caught on a barbed hook cannot be kept.


What are the rules for sturgeon fishing from a boat?
Question: Once an angler on a boat has legally caught and kept a white sturgeon, must all anglers on that boat switch to barbless hooks?

Answer: No. However, for the rest of that day, the successful sturgeon angler must no longer fish for sturgeon and must immediately release any sturgeon that is accidentally caught.


Sand Souvenirs
Question: I am developing a souvenir that would contain granules of sand from California beaches. I would only require about a half-gallon of sand. Am I able to take sand from a beach and re-sell it as a souvenir to promote the state and its natural resources? (Paul K.)

Answer: Generally, beach sand is not protected by any California Fish and Game law. However, collection of anything (including beach sand) is prohibited in any park or other marine area that has a specific designation and protection in law. In addition, you may want to consider the corrosive nature of beach sand due to its salt content and other unsuitable qualities resulting from decomposition of biotics before using it in your souvenirs. You may find it more beneficial to purchase treated beach sand that is sold in small quantities at many stores that stock landscape and garden supplies.

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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.