When Prohibited Species Are Accidentally Caught?

Garibaldi, California’s state marine fish, are illegal to take (CDFW photo by Dan Gotchall)

Question: I fly fish for calico bass using barbless hooks in the kelp beds off Catalina Island and the coast, and it’s all strictly catch and release. Garibaldi are abundant in this habitat and are very aggressive. When I can see them I can usually avoid catching them. However, rarely one will take my fly inadvertently. Since they are only lightly hooked through the lip, they survive the accidental catch and release. However, it is illegal to “take” garibaldi. Is this considered illegal if caught by accident and then released? How can one avoid catching them? (Rick B.)

Answer: No, it is not considered an illegal action to accidentally catch a prohibited species as long as it is immediately released back into the waters it came from. Intentionally targeting a prohibited species IS illegal, but you do not seem to be doing that.

As for how to avoid catching them, that’s a tricky question. About the only thing you can try would be to use a larger hook (that the garibaldi might have problems taking into their small mouths), but fly fishing generally doesn’t allow for use of larger hooks. You may need to employ a bit of ingenuity to figure out how to reduce the number of garibaldi you end up hooking.


What to do with banded waterfowl?
Question: This past weekend a banded speckled-belly goose was taken at my duck club. I’d like to report this banded bird to the authorities. The time, date and place, as well as the tag number seem obvious to report. Is there any other information needed, and who should I report this band to? (Larry L.)

Answer: Since waterfowl are migratory, the U.S. Geological Survey has the responsibility of collecting and analyzing all banding information. Government and private sector scientists and waterfowl managers tag and monitor migratory waterfowl every year. This banding information helps them to assess population numbers and track their movement patterns. You may also be asked to provide information about weather and any other waterfowl the goose was flying with when taken. Please go to www.reportband.gov to report banded birds.


Capturing largemouth bass for a home aquarium?
Question: One of my friends has a large aquarium and is interested in putting some largemouth bass in it. I would like to know what the regulations are for catching a largemouth bass in a local lake and then transporting it live to his tank. It would never be released into a different body of water, and it would be taken legally. (Azure C.)

Answer: Transporting fish alive from the water where they are taken is prohibited (California Code of Regulations, section 1.63). Laws allowing certain species of live fish to be maintained alive in closed-systems do not authorize possession in home aquariums. Your friend can legally buy bass for his or her aquarium from a licensed aquaculturalist, as long as he or she does not release it into the wild.


Qualifications for a disabled access hunting site?
Question: I have always enjoyed duck hunting but now after several orthopedic surgeries on my hips and knees, I have considerable difficulty in walking. In the outdoors I must use a staff and can go about 100 yards on a level surface before resting. I am not currently confined to the use of a walker, crutches or a wheelchair, however, in the light of my walking disability, would I be eligible to apply for a disabled access hunting site? I have a permanent disabled person parking card and I hold a Lifetime License. (Vivian N., Marysville)

Answer: Yes, you qualify because you possess a permanent disabled parking placard. To hunt at a disabled accessible hunting site, you must have one of the following:

  • a permanent disabled parking placard, and the paperwork from the Department of Motor Vehicles showing that the placard was issued to you;
  • a disabled veteran license plate and the paperwork from the Department of Motor Vehicles showing that the plate was issued to you; or
  • a mobility impaired disabled persons motor vehicle hunting license.

You might also be interested in the special hunts for disabled persons conducted through the California Department of Fish and Wildlife (CDFW) during pheasant season. Information about these hunts can generally be found on our website in the fall prior to the season opener, at https://nrm.dfg.ca.gov/DFGSpecialHunts/Default.aspx.

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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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