Category Archives: Catch & Release

Bass Fishing Beyond Limits?

Bass anglers competing in a CDFW-permitted fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Bass anglers competing in a CDFW-permitted bass fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Question: I was reading one of your responses to a trout fisherman’s question regarding continuing to fish and practice catch and release after he had five trout on his stringer. The short answer was no, because “…catch-and-release fishing is not legal unless you’re still under your maximum bag limit.” I’m a bass fisherman and if that’s the case, it would seem to conflict with me culling fish once a limit is reached in a tournament. Are we violating the law? (Jim V.)

Answer: You are correct that is most cases once an angler reaches their bag limit they cannot continue fishing. However, a special provision has been made for California Department of Fish and Wildlife (CDFW)-permitted and approved bass fishing tournaments to allow black bass anglers only during the tournament to keep fishing once five fish are in possession (California Code of Regulations Title 14, section 230). They must cull one of these fish immediately upon catching a sixth in order to never be in possession of more than five bass at one time.


Harvesting barnacles attached to floating driftwood?
Question: I read your answer recently about how barnacles cannot be harvested in the intertidal zone. Is there a way of legally obtaining Gooseneck barnacles to eat? When I’m way out in the ocean on a boat, I often see floating logs, driftwood and other debris. If it has been floating for a long time, more often than not I will find there are a large number of Gooseneck barnacles attached to the submerged side. Since they are not being taken from the intertidal zone (1,000 feet of shore), would they be legal to take? (Joe K.)

Answer: Yes, if the barnacles are attached to floating logs or driftwood, it would be legal and the limit would be 35 (CCR Title 15, section 29.05(a)). The only problem now is that for much of the debris off our coast that has been in the water long enough to have large numbers of Gooseneck barnacles, there could be health concerns if the wood originated in Fukashima, Japan, due to the possibility of contact with radioactive materials. You’d want to carefully consider how badly you want to harvest those barnacles!


Hunting with a depredation permit
Question: I have several related questions regarding hunting. If I have a pig depredation permit, can I legally carry a firearm and a bow while hunting deer during the archery season? Does the person who helps me with my pig problem need a hunting license? Lastly, is there an expiration date on a depredation permit? (Bill)

Answer: When deer hunting during an archery season, you may not possess a firearm of any kind.

Regarding the pig depredation permit, if you are listed as one of three allowed designated shooters on the permit, you may remove property-damaging wild pigs under conditions listed on the permit. All depredation permits have an expiration date listed on them. Someone “assisting you” with the depredation permit should also be listed as a designated shooter. No hunting license is required for a person authorized under a depredation permit. The person assisting you has to be at least 21 years old and may not have a conviction of wildlife law in the past 12 months.


Bringing a stuffed polar bear mount into California?
Question: A relative of mine owns a stuffed polar bear which is currently located in Idaho at my uncle’s house. I have another elder relative who would like to take it but is not able to drive that far to pick it up so he asked me to do it. However, I am concerned because I’m not sure about the laws and regulations for this kind of thing for simply picking it up in Idaho and bringing it to California. What are the laws and am I able to do this? (Andrew M.)

Answer: So long as you comply with the declaration requirement in Fish and Game Code, section 2353 and have no intent to import or possess the polar bear for commercial purposes, you are not prohibited from transporting it into California. Importations for commercial purposes, possession with intent to sell, and the sale within California of any part of a polar bear is prohibited (Penal Code, section 653o). In addition, the sale, purchase or possession for sale of any bear or bear part in California is prohibited (Fish and Game Code, section 4758).

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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.

Fishing or Foul Hooking?

The Northern or Florida strain of largemouth bass (LMB) are the best species for stocking in small private ponds. (DFG staff photo of Amanda Menefee by Ken Oda)

Angling is defined to only include the fish voluntarily taking the bait or lure in its mouth. Snagging the fish outside of its mouth is illegal and considered foul hooking (CDFW staff photo of Amanda Menefee by Ken Oda)

Question: When sport fishing for black bass, California Department of Fish and Wildlife (CDFW) regulations say the fish must willingly take the bait in its mouth. However, it doesn’t say if the hook has to be inside the mouth or not. For example, when fishing a multi-hook bait, can the hook go from the outside to the inside of the mouth? As bass often hit these baits while attempting to eat it, the rule seems a little vague. (Randy R.)

Answer: No, this would be considered foul hooking and not legal since the fish is essentially snagged rather than voluntarily trying to eat the lure. Angling is defined in the regulations to only include “such manner that the fish voluntarily takes the bait or lure in its mouth.” The outside of its mouth is not in its mouth (California Code of Regulations Title 14, section 1.05).


Hunting pigs and turkey simultaneously?
Question: There is a bit of a debate going on the Nor-Cal Wild Pig Hunters Facebook group regarding the legality of hunting pigs and turkey simultaneously during turkey season. Is it legal to carry No. 6 shot shells (for turkey) and rifled slugs (for pigs) at the same time while out hunting turkey in an area that holds pigs? Many say it is common practice, others say it is illegal to carry slugs (or any shell holding larger than No. 2 shot) while pursuing turkey. Who’s right? (Mark, San Bruno)

Answer: It would be legal to hunt pigs and turkeys simultaneously because a slug is not shot. A hunter who possesses shot size larger than No. 2 could be cited while turkey hunting, but the regulation limiting shot size that may be possessed when taking turkey does not address slugs.

Methods authorized for taking big game (wild pig) include shotgun slugs, rifle bullets, pistol and revolver bullets, bow and arrow and crossbow (2014-2015 Mammal Hunting Regulation booklet, page 24, section 353).

Methods of take for resident small game (wild turkey) are shotguns 10 gauge or smaller. Shotgun shells may not be used or possessed that contain shot size larger than No. BB, except that shot size larger than No. 2 may not be used or possessed when taking wild turkey (CCR Title 14, section 311(b)).


How can I prove my innocence regarding a fishing citation?
Question: If I am cited by a wildlife officer for a short fish or an overlimit of crustaceans but believe I am innocent, how can I prove it? Do I have to go to court at my own expense to prove my innocence? (Dustan B.)

Answer: If you believe that you are innocent of the violation(s) you were charged with, then yes, you need to appear in court on the date listed on the citation. You will then have the opportunity to enter a plea of guilty, no contest or not guilty. If you enter a plea of not guilty, you will have your opportunity to explain your side of the story to the judge.


Fishing with mosquito fish/guppies for bait?
Question: I live in the Central Valley, Fresno to be exact. In inland waters where mosquito fish are resident, is a person legally able to use “mosquito fishes” as bait (similar to using minnows as bait)? I would already presume transferring them from one body of water to another is prohibited, but what if the body of water is already inhabited by mosquito fish? (John T., Fresno)

Answer: Mosquito fish are not native to California waters but were introduced into California around 1922 to consume and suppress mosquitos and their larvae. Allowable live baits that may be used in the Central District, which includes the Fresno area, can be found in section 4.20 of the 2014-2015 California Freshwater Sport Fishing Regulations booklet (page 17). Legally acquired mosquitofish can be legally used in any body of water for bait except those listed under 4.20(f).

Use and transportation of bait fish is strictly regulated in the Freshwater Fishing Regulations booklet (CCR Title 14, section 4.00) to prevent the inadvertent transfer of a baitfish species from one body of water to another. It’s a good idea to double-check this section of the regulations booklet whenever you are transporting baitfish to your favorite fishing spot.

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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 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.

Ethics of Shooting Birds on the Water or on the Ground?

Wood duck pair (Photo by Carrie Wilson

Wood duck pair (Photo by Carrie Wilson)

Question: Is it lawful to shoot a bird that is on the water, or if I’m field hunting, to shoot a bird that is standing on the ground? I do not consider it sporting, but I was party to a group of hunters that took part in the above actions. Just curious what the official word is on this. (Nick V.)

Answer: It’s not illegal, but it’s certainly not sporting as it violates the Fair Chase Principle. “Fair chase” is the ethical, sportsman-like, lawful pursuit and taking of any free-ranging animal in a manner that does not give the hunter an unfair advantage over such animals. In addition, it can also be unsafe to shoot birds on the ground or on the water because nearby hunters might be in your line of fire.


Is it legal to keep legal-sized fish caught in hoopnets?
Question: If I catch fish in a hoop net while lobster fishing, are they legal to keep provided they meet any size requirements? I have been throwing them back because I’m not sure it is legal to catch them that way. Someone told me they must be caught on fishing line only. What about sea snails and octopus that are caught in my hoops? Can other line-caught sportfish, such as tuna, be used as bait in lobster hoops? Please advise. (Steve G.)

Answer: You were correct to return fish caught in your hoop nets because hoop nets are not a legal method of take. Finfish may only be caught by hook-and-line except in very specific circumstances listed under “Finfish – Gear Restrictions” in the Ocean Sport Fishing Regulations booklet (California Code of Regulations Title 14, section 28.65).

Taking sea snails and octopus caught incidentally in your lobster hoop net is not allowed (CCR Title 14, section 29.10(a)). Any finfish that is legal to take or possess in California may be used as bait in your lobster hoop net.


If license is forgotten, will a photo copy of license do?
Question: My son and I fish from our private boat almost exclusively and keep our sport fishing licenses aboard so they are always present. On rare occasions we will attempt to fish without the boat, and a few times have forgotten to bring our licenses. To prevent us from mistakenly being without our fishing licenses, can we show a photo copy of our licenses or can the California Department of Fish and Wildlife (CDFW) issue more than one copy to a sport fisherman? (Murray C.)

Answer: Good questions, but the answers to both are no. You must have a valid fishing license in your possession when fishing or attempting to take fish, and you must present it to a game warden upon request. Additionally, only one license may be issued to a person per year.


Importing buffalo hides and products?
Question: Are there any restrictions on importing buffalo hides or buffalo art productions into California?

Answer: American buffalo (Bison bison) are considered a domestic breed of bovine (like cattle, goats and sheep) and thus no Fish and Wildlife laws regulate them. American buffalo hides are not restricted by CDFW and so they may be imported or possessed as long as they were obtained legally. However, the live importation of other species of true buffalo (e.g. African Cape Buffalo, etc.) or their hides is restricted by law (CCR Title 14, section 671).


Is it legal to catch carp and trout by hand?
Question: I recently read a post from people saying they had caught carp by hand in a lake. Is this legal in California? I have caught trout by hand in streams when I was younger, but wasn’t sure if that was legal either. Can you please clarify? (Nick)

Answer: There are no freshwater finfish species that can be legally taken by hand from any California lake waters within the state (only exception: a few fish species are allowed to be caught by hand during specific times in a few non-lake areas, as per CCR Title 14, sections 1.76 and 2.30.)


Electronics and hunting?
Question: Is there any law against mounting a camera to the scope of a rifle to record my hunting experience? (Barry N.)

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.

Deer Hunting From My Porch?

California Mule Deer (CDFW photo)

Question: I have a house on five acres in Northern California and have some really nice bucks on my land. Every day they come within a few feet of my house and graze on my garden and plants. If I purchase an A Zone tag this year, can I legally shoot a deer on my land from my house or porch? My house is situated more than 200 yards from any other property or house and it is outside of the city limits. Thanks. (Brian T.)

Answer: Yes. The safety zone law prohibits shooting within 150 yards of any occupied dwelling without the permission of the occupant. As long as it is otherwise legal to discharge a firearm in this area (e.g. not in the city limits or not prohibited by county ordinance), then go for it!


Can lakes set their own fishing regulations?
Question: The local municipal water district operates a nearby lake that is open to the public for fishing and day use. My question is regarding the regulations set for this lake. The maximum daily catch limit is lower than the limits the California Department of Fish and Wildlife (CDFW) authorizes. Do they have the authority to do this? Who has the ultimate jurisdiction in this matter? (Roger S., Ojai)

Answer: Yes, this is perfectly legal for them to do. Private lake managers can be more restrictive than CDFW regulations but not less restrictive. It is their prerogative to impose more stringent regulations in the interest of better managing their individual waters than what the state requires for managing California’s fisheries statewide.

Sorry, I’m sure this isn’t what you’d hoped to hear. For further clarification, please contact your local game warden.


Trap and release squirrels and possums
Question: I live in a city in Southern California and have an avocado tree in my yard.  Squirrels and possums have been a big problem recently. Can I use a Havahart trap to catch them and then transport them to a more rural location a few miles away? (David S.)

Answer: Yes, most squirrels and possums can be trapped, but tree squirrels will need a depredation permit. When trapping wildlife, traps must be checked every 24 hours and the animals either dispatched or released in the immediate area.

According to CDFW Statewide Wildlife Rehabilitation Coordinator, Nicole Carion, squirrels and possums that have caused property damage can be trapped by legal means (Fish and Game Code, section 4180). 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)).

Squirrels and possums should not be “relocated” from where they were trapped for many reasons, the most important being to prevent the spread of disease. It is illegal to release, introduce or transplant plants or wildlife (domestic or domesticated species) onto CDFW lands or waters (CCR Title 14, section 550(k)) and plants and animals or their parts taken elsewhere shall not be introduced, liberated, or placed on any National Wildlife Refuge (Federal Code of Regulations, part 27, section 27.52). It is also illegal to release an animal into a California State Park without written authorization from the District Superintendent Superintendent (CCR Title 14, section 431(a)).

Please be very cautious about trapping in the springtime because this is when wild animals have offspring. Trapped nuisance wildlife cannot be taken to wildlife rehabilitators. Although rehabilitation facilities can take in orphaned wildlife, the orphaned animals will have a much higher chance of survival if they are raised by their wild mothers. Often wild animals only take up residence somewhere temporarily during the springtime.

There are many humane options available for keeping out animals seeking shelter in homes and structures on private property. For more information on preventing wildlife access to human food sources, please visit our website at www.dfg.ca.gov/keepmewild/products.html.


How many abalone in the freezer?
Question: I have been an abalone diver for nine years now and always keep my abalone frozen in my freezer to enjoy until the next year’s harvest. I am hearing mixed messages about the rules now and am confused as to whether it’s legal to do that. I might have anywhere between one to 20 abalone in my freezer, all still tagged with the appropriate tag. Please confirm if it is legal to keep an overlimit of tagged abalone in my home. (Bill D.)

Answer: The limit is actually three abalone per day and in possession. This means that legally, one individual can have no more than three abalone in their possession (at the dive site, at home, in your vehicle, in your freezer, etc.) at one time.

You can still give away your abalone to friends or family members living in the same house with you. Each person may have no more than three abalone in their possession at any time.

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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.

Ethics of Shooting Birds on the Water or on the Ground

Wood duck (USFWS photo)

Wood duck (USFWS photo)

Question: Is it lawful to shoot a bird that is on the water, or if I’m field hunting, to shoot a bird that is standing on the ground? I do not consider it sporting, but I was party to a group of hunters that took part in the above actions. Just curious what the official word is on this. (Nick V.)

Answer: It’s not illegal, but it’s certainly not sporting as it violates the Fair Chase Principle. “Fair chase” is the ethical, sportsman-like, lawful pursuit and taking of any free-ranging animal in a manner that does not give the hunter an unfair advantage over such animals. In addition, it can also be unsafe to shoot birds on the ground or on the water because nearby hunters might be in your line of fire.


Is it legal to keep legal-sized fish caught in hoopnets?
Question: If I catch fish in a hoop net while lobster fishing, are they legal to keep provided they meet any size requirements? I have been throwing them back because I’m not sure it is legal to catch them that way. Someone told me they must be caught on fishing line only. What about sea snails and octopus that are caught in my hoops? Can other line-caught sportfish, such as tuna, be used as bait in lobster hoops? Please advise. (Steve G.)

Answer: You were correct to return fish caught in your hoop nets because hoop nets are not a legal method of take. Finfish may only be caught by hook-and-line except in very specific circumstances listed under “Finfish – Gear Restrictions” in the Ocean Sport Fishing Regulations booklet (California Code of Regulations Title 14, section 28.65).

Taking sea snails and octopus caught incidentally in your lobster hoop net is not allowed (CCR Title 14, section 29.10(a)). Any finfish that is legal to take or possess in California may be used as bait in your lobster hoop net.


If license is forgotten, will a photo copy of license do?
Question: My son and I fish from our private boat almost exclusively and keep our sport fishing licenses aboard so they are always present. On rare occasions we will attempt to fish without the boat, and a few times have forgotten to bring our licenses. To prevent us from mistakenly being without our fishing licenses, can we show a photo copy of our licenses or can the California Department of Fish and Wildlife (CDFW) issue more than one copy to a sport fisherman? (Murray C.)

Answer: Good questions, but the answers to both are no. You must have a valid fishing license in your possession when fishing or attempting to take fish, and you must present it to a game warden upon request. Additionally, only one license may be issued to a person per year.


Importing buffalo hides and products?
Question: Are there any restrictions on importing buffalo hides or buffalo art productions into California?

Answer: American buffalo (Bison bison) are considered a domestic breed of bovine (like cattle, goats and sheep) and thus no Fish and Wildlife laws regulate them. American buffalo hides are not restricted by CDFW and so they may be imported or possessed as long as they were obtained legally. However, the live importation of other species of true buffalo (e.g. African Cape Buffalo, etc.) or their hides is restricted by law (CCR Title 14, section 671).


Is it legal to catch carp and trout by hand?
Question: I recently read a post from people saying they had caught carp by hand in a lake. Is this legal in California? I have caught trout by hand in streams when I was younger, but wasn’t sure if that was legal either. Can you please clarify? (Nick)

Answer: There are no freshwater finfish species that can be legally taken by hand from any California lake waters within the state (only exception: a few fish species are allowed to be caught by hand during specific times in a few non-lake areas, as per CCR Title 14, sections 1.76 and 2.30.)


Electronics and hunting
Question: Is there any law against mounting a camera to the scope of a rifle to record my hunting experience? (Barry N.)

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.

Before Heading Out to Fish for Sturgeon, Check Out the New Regs

(CDFW photo)

(CDFW photo)

Question: What are some of the new sturgeon fishing regulation changes that went into effect Jan. 1? I’ve heard measurement methods, size limits and methods of take are a few of them. What’s new?  (Anonymous)

Answer: Sturgeon must now be measured by fork length, the straight-line distance from the tip of the head to the center of the tail. Tip of the head shall be the most anterior point on the fish with the mouth closed and the fish lying flat on its side (California Code of Regulations, Title 14, Sections 1.62, 5.80, and 27.90). Now no fish less than 40 inches fork length or greater than 60 inches fork length may be taken or possessed (CCR, Title 14, Sections 5.80 and 27.90).

For methods of take, only one single barbless hook may be used on a line when taking sturgeon. Use of a snare to assist in landing or killing any sturgeon is prohibited. A snare is a flexible loop made from any material that can be tightened like a noose around any part of the fish (CCR, Title 14, Sections 5.80 and 27.90).

For more information about the life history of white and green sturgeon, please go to www.dfg.ca.gov/fish/Resources/Sturgeon/

To learn more about the new sturgeon regulations, please go to https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=58288


Night driving with flashlights
Question: My wife and I are outdoors lovers and we don’t want to break the law. We often drive back roads or dirt roads in and around Butte County armed with only a flashlight and no weapons to view and enjoy wildlife that wouldn’t be possible to enjoy in the daylight. Is this legal? (Dan, Oroville)

Answer: Yes, as long as you do not have a method of take with you. You may, however, attract the attention of wildlife officers that are on the lookout for poachers using spotlights to find game. These officers may pull you over and detain you to inspect your vehicle to ensure you do not have a method of take.  There are also some vehicle code provisions that prohibit the use of a flashlight or headlight on a public highway if it is shone into oncoming traffic or prevents other vehicles from seeing traffic control devices


Acquiring fish for a 200 gallon aquarium
Question: I dive and want to collect various marine species to place in a 200 gallon tank at the Boys and Girls Club building in Lompoc. This would be for educational purposes for the children’s after school programs. The fish and invertebrates would be supplied by local divers and fishermen and they would not be undersized. Most species would be released after a brief amount of time. What would the permit fee be? How difficult would it be to obtain? These species would not be for sale. (Rick)

Answer: Fish and Game regulations prohibit transporting live finfish from the water where taken, including the ocean. Shellfish are generally not covered by this regulation. However, returning or placing any live fish (including shellfish) into state waters (stocking) is illegal, especially if the fish is one that has been kept in a private aquarium. This prohibition does not prohibit catch-and-release fishing or the immediate return of undersize fish to the water.

One option, as long as this is truly for educational purposes, you may apply for a scientific collecting permit to be authorized to collect specific species yourself. Go to http://www.dfg.ca.gov/wildlife/nongame/research_permit/ to learn more and see if you qualify.

Otherwise, Fish and Wildlife law does provide for individuals who are licensed to collect live fish for the marine aquaria trade to take and sell certain species of marine organisms. This activity requires you to have a commercial fishing license, and if you use a boat it has to be registered. The total cost for this is approximately $1,000 per year. Information regarding the various license and fees is available online at www.dfg.ca.gov/licensing/commercial/commdescrip.html.

One more option you may find practical is to purchase fish from a pet store that has obtained fish from a licensed Marine Aquaria Collector. The California Department of Fish and Wildlife (CDFW) does not maintain a master list of such stores, but an online search or review of the phone book might help you find what you are looking for to place in the Boys and Girls Club tank.


How far away from the highways and parking lots must I be to shoot?
Question: I hunt the Napa-Sonoma Marsh regularly and have noticed that there are many birds that hang out just outside one of the parking lots off of the highway. My question is how far do I have to be off the highway in order to legally discharge a firearm in pursuit of these birds? (James)

Answer: Firearms setbacks from highways or public roadways are generally established by local governments. You will need to check with the local jurisdiction, which is usually the Sheriff’s Department, regarding distance away from a public roadway. Keep in mind that you can’t shoot across any roads and you are not allowed to shoot within 150 yards of any building or structure without the consent of the owner (Fish and Game Code, section 3004(a) and (b)).

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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.