Author Archives: California Outdoors

Rainbow Trout/Steelhead vs Coastal Cutthroat Trout

Steelhead fishing (Photo courtesy of Ken Oda)

Question: I have a question regarding regulations on non-adipose fin-clipped (“wild”) rainbow trout/steelhead and coastal cutthroat trout in tributaries on the North Coast (e.g. the lagoons in northern Humboldt County). Anglers are not permitted to keep wild rainbow trout/steelhead but are permitted to keep wild coastal cutthroat trout. However, these two species are well known to hybridize and hybrid offspring are reproductively viable.

Hybrids also exhibit a continuous spectrum of phenotypic expression that runs from the rainbow phenotype (few spots below the lateral line, small head, maxillary terminating before the rear of the eye and no throat slashes) to the cutthroat phenotype (heavily spotted including below the lateral line, large head, maxillary extending past the rear of the eye and throat slashes present). These phenotypes are what the California Department of Fish and Wildlife (CDFW) website recommends for identification of the two species, but there is no reference to the basibranchial teeth that are specific to cutthroat.

Therefore, if an angler catches a non-adipose fin-clipped trout that has no throat slashes, no spots below the lateral line, a small head and a maxillary that does not extend beyond the rear of the eye, but has basibranchial teeth, is the angler allowed to keep the trout? The fish described is likely a hybrid “cuttbow.” Alternatively, if an angler catches a trout that outwardly looks like a coastal cutthroat but does not have basibranchial teeth, is the angler allowed to keep the trout? Again, this fish is likely a cuttbow. (Brian P., Sacramento)

Answer: According to CDFW Environmental Program Manager Roger Bloom, it is true that rainbow trout/coastal cutthroat hybrids exist at some low level in sympatric populations. However, based on a recent scientific study, the practice of using phenotypic traits to distinguish hybrids is not very effective. Although the presence of basibranchial teeth are a strong indication of a cutthroat trout lineage, it should not be used exclusively as a definitive sign to retain/harvest a fish.

From a regulatory/enforcement perspective, field identification of coastal cutthroats should be based on commonly agreed upon morphology of red/orange slashes found under the jaw. If there is a question about a fish being a hybrid coastal cutthroat crossed with a rainbow trout, anglers should err on the side of caution. It must have observable red/orange slashes if the trout is to be considered a coastal cutthroat for harvest.

Interestingly, some Central Valley hatchery steelhead may exhibit orange/yellow slashes which could stem from genetic influences via ancestral redband trout. Hence, if an angler encounters an adipose-clipped fish that looks like a rainbow trout but has these characteristics, it can be retained/harvested as there are currently no hatchery coastal cutthroats with clipped adipose fins.


Eating fresh-caught fish while at sea?
Question: Is it legal to eat just-caught fish while still at sea? For example, if I catch a tuna, fillet it into six pieces and later that day have one piece for dinner, would that be a criminal offense under the new fillet rules? (Jim K.)

Answer: No, you are welcome to cook sport-caught fish on a vessel as long as the fish is counted toward the angler’s individual bag limit and the vessel’s boat limit. The fish must also meet the fillet length requirements and any skin patches must be left on until the fish is prepared for immediate consumption (Fish and Game Code, sections 5508 and 5509). Remember, you cannot catch another fish to replace the one that has been eaten once the bag/boat limit has been filled for that type of fish for that day.


Ranching wild pigs on private property?
Question: Are there circumstances under which a California rancher or even a private resident can keep live wild pigs on their property? I haven’t found any regulations that specifically address this. (Mike A.)

Answer: No, it is not lawful for any California resident to possess wild pigs (Sus scrofa) (California Code of Regulations Title 14, section 671(c)(2)(Q)). However, there is an exception for Sus scrofa domestica, also known as the domesticated pig one commonly sees on a farm (CCR Title 14, section 671(c)(2)(Q)(1)).


Crab Hawk
Question: Is it legal to use the device called the “Crabhawk” to fish for Dungeness crabs? (Forrest L., Watsonville)

Answer: This device, which attaches to the end of a fishing line, is not legal in California. For descriptions of legal devices that may be used to take crabs, please check CCR Title 14, section 29.80. The Crabhawk does not meet the regulatory criteria.

An alternative trap that may be attached to the end of a line is the crab loop trap. These have been legal to use in California for many years.

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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.

Properly Catching and Releasing Fish while Taking Photos?

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

Question: My friends and I are all fly fishermen who promote catch and release fishing rather than taking fish for consumption. Many other fishermen, fishing guides and lodges, as well as most fly fishing magazines also claim to share this philosophy but then publish untold numbers of photos of people holding the fish they’ve caught. Typically these photos reveal the fish being held for quite a few seconds out of water, and clearly their slime barrier is being broken by the clutching hands. I wonder how many fish handled in this way ultimately die from the stress of being caught, held out of water and having their protective coating compromised. While growing up, I was taught if you break the slime barrier, the fish will likely die. Is this true? Moreover, most anglers I know count successful days of fishing as catching (and releasing) as many fish as possible. If you consider the increased probability of a fish dying from being caught and held, multiplied by the number of fish caught, there could be a lot of mortality which goes directly against the point of catch and release. Can you please provide some information on this issue? (David W.)

Answer: While many photo layouts suggest prolonged time out of water, it can obviously vary greatly. According to Senior Environmental Scientist Jeff Weaver, a good rule of thumb is to hold your breath when you lift the fish and get it back into the water before you run out of breath. Wetting hands before handling fish is probably the most effective method to minimize damage to the slime coating. Handling fish with dry hands generally removes at least some areas of this protective barrier, subjecting the fish to increased risk of fungal or other infection (though not necessarily mortality). If extra time is needed to set up the photo or make adjustments to correct for lighting problems, etc. the fish should be retained under water in a net for as much time as possible.

Steelhead (Photo by Ken Oda)

There are four important practices that will help reduce mortality: 1) keep most of the body of the fish in the water while photographing it, particularly the opercula and gills so they remain oxygenated, 2) always hold the fish with wet hands underneath the pectoral fins (near the head) and at the caudal peduncle (narrow part just forward of the caudal or tail fin) to avoid injury to the vital organs in the belly, and 3) assuming you have a fishing partner that will serve as photographer, have them get the camera settings ready and set up the frame of the picture while the fish is retained underwater in a net. Quickly remove the fish from the water for a picture and return it to the net to rest and respirate for some time, then lift it again for another shot (only if necessary to get a good photo), and 4) always recover the fish before releasing it to the point that it can swim of its own accord and remain upright. If necessary, hold the fish with the mouth facing upstream in an area with adequate flow to ensure thorough oxygenation of the gills.


When transporting turkeys home, which parts are required for ID?
Question: What portions of a turkey is a hunter required to retain for identification purposes? I’m not sure that “plucking a turkey in the field but leaving the beard attached” is sufficient to stay legal when transporting. While keeping the beard would certainly help identify, I believe a fully feathered head or wing is the actual requirement. In fact, if a hunter chooses to pluck both wings and leave the “fully feathered head” attached, would that be enough proof for identification purposes? Please advise. (Blake D.)

Answer: Hunters are not required to retain the turkey’s beard. However, “all birds, including migratory game birds, possessed or transported within California must have a fully feathered wing or head attached until placed into a personal abode or commercial preservation facility or when being prepared for immediate consumption” (California Code of Regulations Title 14, section 251.7).

Since the law only authorizes the take of bearded turkeys during the spring season, the California Department of Fish and Wildlife (CDFW) recommends leaving the beard attached during the spring season (CCR Title 14, section 300).


How to properly preserve and transport Pacific halibut?
Question: I’m planning some trips this year to fish for Pacific Halibut. If we should happen to catch one of any size, what is the legal way to transport a fish if it won’t fit in a cooler? Could it be filleted, and if so, when could that be done? I’m very particular about preserving fresh fish properly as soon as it’s caught. (Ross B.)

Answer: You may not fillet your Pacific Halibut when on your boat or before you land the fish (Fish and Game Code sections 5508-5509). Once ashore, there are no restrictions on filleting your fish into the size and conformity you want.


Video recording crab traps?
Question: Are there any regulations or restrictions regarding using video cameras (GoPros) on crab traps or lobster hoop nets? (Josh F.)

Answer: No, there are no fishing regulations that prohibit use of a video camera while 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.

Collecting Moon Jellyfish for Home Aquarium?

Moon Jellies (Photo by Michael Gil – Creative Commons)

Question: I would love to introduce moon jellies into my home saltwater aquarium. Can I collect them myself or do I need to try to buy them? I would not sell or trade them afterwards for something else. If this would be legal, can I collect them under a basic fishing license or would I be required to have a marine collector’s permit? (Tucker M.)

Answer: Moon jellyfish occurring outside the tide pool zone (1,000 ft. seaward from mean high tide) may be legally taken with a fishing license, and the bag limit is 35 (California Code of Regulations Title 14, section 29.05(a)). Anything taken under a sport fishing license in California may never be offered or possessed for sale, barter, exchange or trade.


Steelhead cards when fishing for salmon in anadromous waters??
Question: Do you have to fill out a steelhead card when fishing for salmon in anadromous waters? There’s a debate going on so I need a straight answer. If I am fishing in the American River in Sacramento when steelhead are also present, and I am targeting salmon only, but in a manner in which steelhead are also often taken (like throwing spinners from the bank), do I have to possess and fill out a steelhead report card before fishing even if my intent is only to catch salmon? (James D.)

Answer: No, as long as you do not retain any steelhead caught incidental to your salmon fishing. If you do catch a steelhead by mistake while fishing for salmon, just be sure to immediately release it.


GoPro mounted to my shotgun/rifle while hunting?
Question: Is it legal to mount a GoPro to my shotgun when turkey hunting or rifle while deer or pig hunting? How about when I’m just out shooting? (Derek M.)

Answer: Yes, this is legal when hunting as long as no light is cast out from the camera (even though I know that’s unlikely). There are no restrictions when just target shooting.


Transporting Dungeness crabs
Question: What is required before transporting my Dungeness crabs home? Once crab is caught, measured and brought to shore, how must the crab be transported home? For instance, can it be cooked at a campground, cleaned (i.e. remove bottom shell, gills and viscera) then transported? Or must the crab remain in one piece for transport? (Anonymous)

Answer: “It is unlawful to possess on any boat or to bring ashore any fish (including crabs and lobster) upon which a size or weight limit is prescribed in such a condition that its size or weight cannot be determined” (Fish and Game Code, section 5508). Nothing prohibits you from cooking or cleaning crabs at your campsite before taking them home.


Carrying a holstered pistol for personal protection?
Question: While hiking in our local wilderness areas, is it legal for me to carry a holstered pistol for protection? This could help to protect my family from any threat of dangerous wildlife – either to scare it away or defend ourselves, if needed. (Louis M.)

Answer: While I can understand your safety concerns, the Fish and Game Code and the California Department of Fish and Wildlife (CDFW) generally don’t regulate firearm possession. Instead, we recommend that you consult the Department of Justice’s 2016 Firearms Laws Summary available online. In addition, attacks from wild animals are uncommon.


Boat-based net regulation
Question:
I have been searching for the regulation that requires all boat-based anglers to have a net. I use a kayak to fish in the Monterey Bay and just found out I am supposed to have a net when fishing. I’ve bought a net to take on my fishing adventures since I learned of my error. (Steve L.)

Answer: The regulation you are looking for is CCR Title 14, section 28.65(d), which can be found in the current Ocean Sport Fishing Regulations booklet, Gear Restrictions section on page 45:

“No gaff hook shall be used to take or assist in landing any finfish shorter than the minimum size limit. For the purpose of this section a gaff hook is any hook with or without a handle used to assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily in its mouth. No person shall take finfish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter.”

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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.

When and Where are Turkeys Nesting?

Wild spring turkeys (Photo by Carrie Wilson)

Question: I know that turkeys roost in trees at night and that this is their courtship and nesting season, but where do they nest and for how long? We’re seeing lots of toms running around right now but not many hens. I’ve not found any sitting on nests. When can we expect the newly hatched chicks to be out and on their own? (Dwayne J.)

Answer: In most areas, nests can be found in a shallow dirt depression surrounded by moderately woody vegetation that conceals the nest. Hens look for locations close to food and water and with ample cover to safely conceal the hen and her poults (chicks) once hatched. Hens are very leery of predators, such as coyotes and fox, but do leave the nest unattended for brief periods to feed and drink.

Hens typically lay a clutch of 10 to 12 eggs during a two-week period, usually laying one egg per day. She will incubate her eggs for about 28 days, occasionally turning and rearranging them, until they are ready to hatch.

A newly hatched flock must be ready to leave the nest to feed within 12 to 24 hours. Poults eat insects, berries and seeds while adults will eat anything from acorns and berries to insects and small reptiles. Turkeys usually feed in early morning and in the afternoon.

For more on wild turkeys, please see our “Guide to Hunting Wild Turkeys in California” publication online as well as the National Wild Turkey Federation website.


How to catch spot prawns with only a half-inch trap opening?
Question: I took a look at a few online California Department of Fish and Wildlife (CDFW) articles about traps, mesh sizes, etc. Once I saw that other types of shrimp traps have a logical trap opening size compared to the size of the shrimp, I began to wonder if the regulations might have an error.

Can you verify if there has been some sort of error in defining the half-inch opening of the trap as the mesh size of the trap? If this is the case, the size of the opening of the spot prawn trap should be more in line with other shrimp traps. If the opening of the shrimp traps could be in the 3-5 inch range with an alum hoop as the standard, recreational spot prawn trap fishing would be as enjoyable as lobster hooping. (Geoff H.)

Answer: The trap openings cannot exceed a half-inch as you’ve noted, and the regulation has not changed. “Shrimp and prawn traps may be used to take shrimp and prawns only. Trap openings may not exceed one half-inch in any dimension on traps used south of Point Conception nor five inches in any dimension on traps used north of Point Conception” (California Code of Regulations Title 14, section 29.80(f)). The reason for the difference in opening dimensions is to protect juvenile lobsters (found south of Point Conception) from being incidentally taken in these traps.


Does a licensed fishing guide’s son need a guide fishing license, too?
Question: I’m a licensed fishing guide on the upper Sacramento and Feather rivers. Is it legal for my son to help me on my vessel while I’m guiding? I’m seeing that there is a guide employee permit but in this situation that permit doesn’t seem right. Is there a deckhand permit where he can help me and help other friends in their boats that are guided also? He’s not being paid; he’s just there for the experience. (Michael T.)

Answer: If he is not collecting a fee or accepting tips, then he would not meet the definition of an employee as he is a family member and simply a volunteer. However, if he took any kind of compensation, then he would technically be an employee and subject to those licensing requirements. If he is assisting people by casting or fishing and he’s 16 years old or older, then he will need to have a fishing license.


Kangaroo leather motorcycle gloves
Question: I got my motorcycle gloves back in 2014-2015 and the palm area and parts of the digits incorporate kangaroo leather. I don’t intend to sell them but I’m OK to possess and wear them, right? (Anonymous)

Answer: Yes, you are fine as long as you do not have any intention of selling them. It is illegal to “import into this state for commercial purposes, to possess with intent to sell or to sell within the state, the dead body, or any part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx or elephant” (Penal Code, section 653o).

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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.

Are Green Lobsters Safe to Eat?

(CDFW photo by Derek Stein)


Question: A buddy of mine got two lobsters in San Diego Bay right before the season closed. While he was cleaning them, he noticed green algae on their shells and then found the meat to be white, looking like it was already cooked. Both lobsters were still alive when detailing them. Have you heard any other stories like this? Would they have still been okay to cook and eat? (Ray C., San Diego)

Answer: When you find a lobster with algae on its shell (exoskeleton) it usually means it hasn’t molted in quite a while. This should be nothing to worry about, though. An animal getting ready to molt pulls salts out of its existing shell and creates a soft exoskeleton underneath that will expand with water and salts once the animal molts. Our best guess is that the old exoskeleton may have been overgrown and what your friend encountered (white, cooked-looking meat) could have been the new exoskeleton just under the old. As long as the animal was acting normally and was still alive before it was cooked, there was likely no problem with the meat.

One test seafood businesses use when cooking whole lobsters is whether they curl. The shell should turn to a darker red color and the tail tends to curl (not tightly, but it’s difficult to lay the animal flat). If there’s no curl, discard the animal.


Trapping opossums?
Question: My city neighbor is now renting a home and has taken it upon himself to trap local opossums and release them elsewhere. He says he is taking them to a county road (Dry Creek) but there is no way to verify this. We have lived in our home for 15 years and so we, along with our neighbors, are concerned. We have lived with the possums and raccoons for a lot of years without issues. This tenant intends to exterminate them. Is there anything we can do? (Tyler)

Answer: “All furbearing and nongame mammals that are legal to trap must be immediately euthanized or released” (California Code of Regulations Title 14, section 465.5(g)(1)). So it is not legal to transport opossums elsewhere for release. Possums should not be “relocated” from where they were trapped for many reasons, the most important being to prevent the spread of disease, and immediately releasing the opossums would not take care of the “pest” problem that your neighbor probably wants to solve. There are other options that you could inform your neighbor about though. “Keep me Wild” is a campaign that strives to limit conflicts between wild animals and humans. More information about how your neighbor can avoid problems with opossums may be found at the Keep Me Wild website.


Python skins to make leather goods?
Question: I’m a fashion designer located in New Jersey and I am looking to move my business to California. I’ve heard and read things about Python skin being illegal in California. I was looking for more information on this and whether this is 100 percent true? I currently make leather goods, but with exotic skins. (Michael S.)

Answer: Pythons are on the list of animals, or parts or products thereof, that are illegal to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state (see California Penal Code, section 653o.) Prohibited species include: polar bears, leopards, ocelots, tigers, cheetahs, jaguars, sable antelope, wolves (Canis lupus), zebras, whales, cobras, pythons, sea turtles, colobus monkeys, kangaroos, vicunas, sea otters, free-roaming feral horses, dolphins or porpoises (Delphinidae), Spanish lynxes or elephants.


Fishing with kids and friends
Question: I am taking my daughter and a couple of friends and their dads on our boat this weekend. The girls are all under 16. I have a license but do all of the dads need them, too? Or, can I be the only adult angler? (Eric N.)

Answer: As long as the non-licensed adults on the boat do not assist in any way with fishing, they do not need to have a sport fishing license to ride along with you on your fishing trip. “Every person 16 years of age or older who takes any fish, reptile or amphibian for any purpose other than profit shall first obtain a valid license for that purpose and shall have that license on his or her person or in his or her immediate possession or where otherwise specifically required by law or regulation to be kept when engaged in carrying out any activity authorized by the license” (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.

When and Where is Nonlead Ammunition Required?

Turkey strut (Photo by Carrie Wilson)

Question: I have a question about airguns. With the new lead ban going into effect, can I still hunt turkeys with lead airgun pellets? Are pellet rifles included in the nonlead ammunition ban? (Bill K., Placerville)

Answer: Since pellet rifles are not firearms, the use of lead projectiles in pellet rifles is not prohibited.


Was there a federal reversal of the ban on lead ammunition?
Question: I heard there was a federal reversal of the ban on use of lead ammunition for hunting on federal lands. How does this affect those of us who hunt on federal lands in California? (Michael H., Yuba City)

Answer: The new administration reversed a January 2017 federal order from the former director of the U.S. Fish and Wildlife Service that would have phased in federal requirements to use nontoxic ammunition (and fishing tackle) on federal lands nationwide. The federal order was separate and independent from California’s effort to phase out the use of lead ammunition. For California hunters, there is no change whether hunting on federal, state or private land. Neither federal action affects the phase-in of California’s prohibition on the use of lead projectiles while taking wildlife in California.

California is currently phasing out the use of lead ammunition for hunting across the state, including while hunting on federal lands. Beginning July 1, 2019, nonlead ammunition will be required when taking any wildlife with a firearm anywhere in California. Until then, non-lead ammunition is required when hunting big game or coyotes in the California condor range with a rifle or pistol. Nonlead ammunition is required when hunting any species on California Department of Fish and Wildlife’s wildlife areas and ecological reserves. When hunting bighorn sheep, or when using a shotgun to hunt waterfowl or upland game birds (except for dove, quail, snipe and any upland game birds taken on licensed game bird clubs) you must use nonlead ammunition. In addition, nonlead shot is required when using a shotgun to take resident small game mammals, furbearing mammals, nongame mammals, nongame birds and any wildlife for depredation purposes.

For more information and details, please check our nonlead ammunition website.


What are the nonlead ammunition requirements on private land?
Question: We enjoy hunting on a friend’s private ranch and would like to know if the nonlead ammunition laws apply to private lands and landowners. This property is not open to public access and is only hunted by family and friends of the landowner. (Samuel P., Paso Robles)

Answer: These laws apply both to public and private lands. Please refer to the previous answer regarding California’s phase-out of lead ammunition and where restrictions apply, as well as CDFW’s nonlead ammunition website.


Will nonlead ammunition be required for target shooting?
Question: When we go out target shooting, are we required to shoot only nonlead ammo? (Anonymous)

Answer: No. You are not required to use nonlead ammunition when target shooting. Use of lead projectiles for target shooting is legal unless CDFW or another government entity has determined otherwise for lands they administer. California’s prohibition on the use of lead projectiles only applies while taking wildlife. For more information and details, please check our nonlead ammunition website.


Nonlead requirements for concealed carry firearms?
Question: I know that nonlead is required for use when hunting, but if I have my concealed carry weapon (CCW) permit and I’m carrying my pistol concealed for my personal protection along with my shotgun, does the pistol have to also contain only nonlead bullets? (Ben W., Merced)

Answer: No. CCR, Title 14 section 250.1(c) provides, “Nothing in this section is intended to prohibit the possession of concealable firearms containing lead ammunition, provided that the firearm is possessed for personal protection and is not used to take or assist in the take of wildlife.” With the exception of ammunition for concealable firearms possessed for personal protection, hunters may not possess lead ammunition along with a firearm capable of firing that ammunition when nonlead ammunition is required.


How will wildlife officers check for compliance??
Question: How will wildlife officers check and confirm that hunters are using nonlead ammunition? (Anonymous)

Answer: All ammunition in a hunter’s possession may be inspected by wildlife officers. In some cases, if a wildlife officer suspects a hunter is in possession of lead ammunition and cannot prove otherwise in the field, he or she may seize a cartridge or bullet for further analysis. Hunters are encouraged to assist in confirming compliance by retaining ammunition boxes or other packaging.

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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.

Turkey Hunting with Lead or Nonlead Shot?

Nonlead shot is now required when turkey hunting in California (Photo courtesy of the National Shooting Sports Foundation)

Question: Do I have to use nonlead shot when turkey hunting with a shotgun this spring? (Joe N., Sacramento)

Answer: Yes. Nonlead ammunition is now required statewide when hunting wild turkeys with a shotgun. This applies to both public and private lands (except for licensed game bird clubs), including all national forests, Bureau of Land Management properties and California Department of Fish and Wildlife (CDFW) lands. Private landowners or anyone authorized to hunt on private land must also comply with these regulations.


Moving crab pots that have become navigational hazards?
Question: Can I pick up and remove a crab pot that is a navigational hazard and/or has significant line floating on the surface? (Daniel)

Answer: No, it is unlawful to “disturb, move or damage any trap that belongs to another person that is marked with a buoy identification number or unless the person has written permission in possession from the owner of the trap” (California Code of Regulations Title 14, section 29.80(a)(3) and Fish and Game Code, section 9002).

Instead, you are encouraged to report any crab pot creating a hazard to CDFW or the Coast Guard. The Coast Guard has the authority to remove traps that are in violation of rule 9, which prohibits fishing that impedes the passage of a vessel that can only operate safely in a narrow channel or fairway. These are specifically designated by the sector of the coast guard that operates in that area.


Shooting too close to neighbors’ houses with permission?
Question: My neighbors and I each live on five-acre lots in Calaveras County that back up to open land with no buildings or dwellings. We all like to hunt and have dove and quail on the back sides of our properties that run in conjunction with each other. I noticed that our houses are between 100-140 yards from the area where we like to shoot which is facing away from our homes. We all allow each other to shoot with no problems, but based on of the language of Fish and Game Code, section 3004 it says we should be at least 150 yards away from our homes. Since we are all in agreement regarding shooting from this area, does this regulation make it illegal? (Brendon G.)

Answer: This regulation reads, “It is unlawful for a person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, while within 150 yards of an occupied dwelling house, residence or other building, or within 150 yards of a barn or other outbuilding used in connection with an occupied dwelling house, residence or other building, to either hunt or discharge a firearm or other deadly weapon while hunting” (FGC, section 3004). It appears you would not violate these provisions but you should also contact your local Sheriff’s Department to see if there are any local laws that may apply to your location.


Ocean finfish landing net size requirement?
Question: I understand that the following regulation applies to ocean-going kayaks. It says, “No person shall take finfish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter” (CCR Title 14, section 28.65(d)).

My question has to do with how the diameter is measured on a net that isn’t round. Many nets that are aimed at small craft use are not round and meet the opening size in one direction, for example, 18 inches x 14 inches. Is that legally sufficient or must the minimum diameter at any point be no less than 18 inches? That would push the net size up considerably, and given the limited utility of a net (or a gaff for that matter) from a near-water craft like a kayak or float tube, I’d prefer to carry as little as possible. (Ariel C.)

Answer: The net need not feature a circular opening despite its reference to “diameter,” but the net must be a minimum of 18 inches at its narrowest part. Good luck and tight lines!

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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.