Category Archives: Lines/Rods/Equipment

Bait Launching with a DIY Spud Gun?

Pneumatic potato guns that use compressed air are legal as long as they are not used like a weapon (e.g. shot at a person, etc.) (Creative Commons photo)

Question: Is the use of bait launchers legal in California? I have seen many videos and DIY plans showing how to build fishing bait launchers. They look pretty much like a potato gun but are used only for propelling the bait past the surf for a chance at the larger fish. They are made of PVC pipe and filled with air, probably from a bike pump. Its only purpose is for getting the fishing bait out farther than one can cast. I would imagine that certain areas would be opposed to their use, but in general, are these legal to use? (Daniel N.)

Answer: Potato-style guns like you are referring to are legal under federal law. However, under state law, potato guns that use combustion (instead of compressed air) to launch the projectile are “firearms,” and one with a bore of over 0.5 inches is a destructive device.

Pneumatic potato guns that use compressed air are legal as long as they are not used like a weapon (e.g. shot at a person, etc.), so this line launching device would be legal under state and federal laws. However, you should check for local city and county ordinances because some local governments prohibit use of any devices that propel projectiles. If you intend to use this line launching device on a state beach, you may also want to consult State Parks. And if you plan to use it to fish within a National Marine Sanctuary, I suggest you check in with that Sanctuary office to be sure they do not prohibit these types of devices.

As far as using it to cast a fishing line, nothing in the Fish and Game Code or its implementing regulations prohibit using this compressed air launcher as long as the fishing line remains attached to a rod and reel, or the person is brave enough to hold the other end of line in their hands!


Catching crabs both inside and outside San Francisco Bay
Question: Let’s say I’m in the ocean at Baker Beach in San Francisco and I catch a Dungeness crab. Then I want to go fishing and crabbing nearby at Ft. Point Pier (just inside the bay) or Aquatic Park. Basically, I don’t want to leave my crabs in the car for hours, and I have one bucket with an aquarium pump to keep all the crabs in. Can I bring the bucket with the crab onto that pier or will a California Department of Fish and Wildlife (CDFW) warden presume I caught it there? And similarly, would leaving it in the parked car be allowed or would they presume it was from that area? (Fred D.)

Answer: “Dungeness crab may not be taken from or possessed if taken from San Francisco Bay and San Pablo Bay, plus all their tidal bays, sloughs and estuaries between the Golden Gate Bridge and Carquinez Bridge” (California Code of Regulations Title 14, section 29.85(a)).

Based upon the scenario you describe of having Dungeness crabs in possession in a prohibited area, you could get into trouble if you have Dungeness crabs on the pier with you or while returning from a prohibited area with fishing equipment. As per Fish and Game Code, section 2000(b): Possession of a bird, mammal, fish, reptile, amphibian, or part of any of those animals, in or on the fields, forests, or waters of this state, or while returning therefrom with fishing or hunting equipment, is prima facie evidence the possessor took the bird, mammal, fish, reptile, or amphibian, or part of that animal.

CDFW recommends that you first fish in the more restrictive area (the Bay), then move outside the Bay to fish for Dungeness crab to avoid any misunderstandings or extra scrutiny by wildlife officers. But, what you describe is not prohibited, and experienced local wildlife officers will be able to tell the difference between freshly caught crab and those that have been in your bucket for hours.


Transporting a compound bow
Question: What are the requirements to legally transport a compound bow? (Antoine R.)

Answer: “No person may nock or fit the notch in the end of an arrow to a bowstring or crossbow string in a ready-to-fire positon while in or on any vehicle” (CCR Title 14, section 354(i)).


Lost fishing license
Question: I purchased a fishing license a couple of months ago but now cannot find it. I do have a picture of it. How can I get a copy of my original? (Dee D.)

Answer: Go to any License Agent or CDFW License Sales Office to buy a duplicate sport fishing license. A small fee is charged for each duplicate validation. If you lose your Abalone Report Card or Sturgeon Fishing Report Card, you can obtain a duplicate from CDFW license sales offices only. You must complete an Abalone Report Card Affidavit (PDF Form) and pay the duplicate fee to replace an Abalone Report Card. You must complete a Sturgeon Fishing Report Card Affidavit (PDF Form) and pay the duplicate fee to replace a Sturgeon Fishing Report Card. Duplicate fees are listed on the license description page.

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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.

What Can Be Collected from Ocean Beaches?

Sea Stars of the California Coast (CDFW photo)

Question: I am an artist and my medium is to work with natural items I find in nature. I was wondering if I am allowed to take items from the beaches near my home. I see people collecting many things but I know that the beaches are protected and I don’t want to take anything that is forbidden. I am particularly interested in the seaweed and colorful algae that washes up after storms. There are also items such as sponges, tree fans, dead crabs, even little animal skulls, and of course drift wood. I would really love to know if I am allowed to collect anything so as not to disrupt the natural process of things. Any information you could offer would really be great. (Aggie M.)

Answer: Aside from state parks and marine protected areas that prohibit take/collecting of marine life within their boundaries, some collecting of beach wrack for personal use is allowed under certain conditions. If any of the algae/kelp you collect will be used for products that will be sold, a commercial Kelp Harvesters License will be required. Please check our website for all of the details regarding kelp and marine algae collection.

Shells that have been discarded by their occupants may be taken as long as you’re doing so in an area where collecting is not prohibited by the governing agency. Wherever you go, you should contact the governing agency to find out what collecting activities are legal for that area. As long as the shells are legally obtained and not sport-taken, they can be used to make art and or jewelry that is sold.

Marine protected area information is available online. Notice that some areas do not allow any “take.” You will find information on this page regarding the areas you may want to avoid.

As far as animal skulls, sea otters and all other marine mammal skulls may not be collected or possessed unless specifically authorized through the federal government (NOAA). If you are selling your artwork, Fish and Game Code, section 3039 generally prohibits selling any parts of a bird or mammal found in the wild in California.


Go ID required on buoys when crab fishing from a pier/dock?
Question: The 2016-2017 Dungeness crab fishing regulations say you have to have a buoy on your crab pot with your GO ID number. Does this requirement apply when you are crabbing off a pier or dock, too? (Judy and John F.)

Answer: Yes, if you already have a fishing license when fishing off a pier or jetty (even where no license is required), then you must fish with buoys marked with your GO ID. It’s OK to use a small net float/buoy instead of a full size buoy if you’d prefer. According to the California Code of Regulations Title 14, section 29.80(c)(3), every recreational “crab trap” except those used by a Commercial Passenger Fishing Vessel (CPFV) “shall be marked with a buoy” with the operator’s GO ID on it. One exception to the GO ID requirement in this scenario would be if the person fishing from a public pier or jetty was not required to have a fishing license and therefore has no GO ID. The trap would still need a buoy attached, but would not need to be marked. Anyone can get a GO ID, even if they have no fishing license or are under age 16. Instructions for getting a GO ID are available on our website.

Baiting turkeys with water?
Question: I have a friend who bow hunts for turkeys and puts a tub of water near his turkey blind. He also places small water tanks in brush areas during deer season and says it’s ok. Is this true? Is it legal to use water as bait? (Dennis B., Palmdale)

Answer: Your friend should be informed that CCR Title 14, section 251.1 prohibits intentional acts that “disrupts an animal’s normal behavior patterns.” This activity is also specifically prohibited on some public lands (CCR Title 14, section 730). This section prohibits hunting for more than 30 minutes within 200 yards of wildlife watering places on public land within the boundary of the California Desert Conservation Area or within ¼ mile of six specified wildlife watering places in Lassen and Modoc Counties. The definition of “watering place” includes man-made watering devices for wildlife.

Lost fishing license
Question: I purchased a fishing license a couple of months ago but now cannot find it. I do have a picture of it. How can I get a copy of my original? (Dee D.)

Answer: Go to any License Agent or CDFW License Sales Office to buy a duplicate sport fishing license. A small fee is charged for each duplicate validation. If you lose your Abalone Report Card or Sturgeon Fishing Report Card, you can obtain a duplicate from CDFW license sales offices only. You must complete an Abalone Report Card Affidavit (PDF Form) and pay the duplicate fee to replace an Abalone Report Card. You must complete a Sturgeon Fishing Report Card Affidavit (PDF Form) and pay the duplicate fee to replace a Sturgeon Fishing Report Card. Duplicate fees are listed on the license description page.

Do licensed fishing guides also need a fishing license?
Question: Is a California licensed fishing guide required to also have an individual sport fishing license? (Tom H.)

Answer: If the guide is just driving the boat and only verbally guiding clients while they fish, then no. However, if the guide does any fishing themselves, then a sport fishing license is also required.

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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.

Cow Decoy for Big Game and Turkey Hunting?

cow-decoy1

(Photo courtesy of Ultimate Predator Gear)

Question: There is a manufacturer of decoys that attach to the front of a bow gun for hunting big game and turkeys. They are similar to the Montana style decoys but with a frontal profile blocking the hunter’s profile wcow-decoy2hile he aims and shoots through the large center hole. The decoys come in the frontal shape of a bovine cow, a turkey, a cow elk, a mule deer and others. Can I use the bovine cow decoy while bow hunting big game such as deer and wild pigs in California? I have heard of great success with this decoy in other states. Also, can the same decoy be used for turkeys? The cow decoy seems to be a much safer alternative for the hunter to avoid being mistaken for game. (Leo H.)

Answer: There are no regulations regarding the use of decoys for big game hunting. However, it is “unlawful to use any mammal (except a dog) or an imitation of a mammal as a blind in approaching or taking game birds” (Fish and Game Code, section 3502).


Stopping crab trap raiders and thieves?
Question: What, if anything, can a recreational crabber do to detect, prevent and/or suppress others from raiding and stealing their crabs during crab season? Not only have I had crabs and crab nets stolen (Bodega Bay area), but thieves have gone so far as to replace a catch with things like rocks and beer bottles? Realizing some of my traps may be unintentionally (some possibly intentionally) cut by vessels traveling at sea, is there anything else one can do? Even with my GO ID number properly marked, California Department of Fish and Wildlife (CDFW) wardens are hard-pressed to enforce applicable laws. I’m thinking of developing an alarm of some sort via microchip to detect changes in depth after they’re set. Do you have any other ideas? (Derek B.)

Answer: Unfortunately, there isn’t a lot we can do in this situation. If you are using hoop nets, they must be checked every two hours or less. So crabbing should be a closely monitored activity, which should help alleviate this problem. You may also want to talk with other crabbers and make arrangements to keep an eye on each other’s traps while out on the water. Otherwise, set your traps when you are planning to be on the water and then fish for other species while your traps are soaking.


Is shooting biodegradable clays still littering?
Question: In a recent column you addressed a question of shooting clay birds being thrown into the ocean. Not sure I like that idea, but that isn’t the issue I have. ALL clay birds today are made of non-toxic, biodegradable material. I love shooting clays and get tired of people who don’t shoot assuming I am “littering” the landscape. Can you please let the public know there is nothing to worry about when it comes to clay birds sold in the stores today? (Linda K.)

Answer: Target shooting and shooting clay pigeons are some of my favorite pastimes. While the clays are supposed to be biodegradable, they break down at different rates depending on the brand. I think the issue is more one of people leaving all of the discards in the fields or areas where they have been used. I think the real issue is even though they may break down eventually, they will still litter the landscape and be viewed as litter when left in public areas. If you’re shooting these on your own property or at a designated shooting range, it’s your choice to leave them where they fall. However, for me, we do much of our shooting on my brother’s property, and although the land is not open to the public, we still pick up everything that we can easily find afterward as a common courtesy, especially since they are all easily seen due to their bright white, orange and lime green colors. Same thing goes for spent shotgun shells. Those don’t break down and will be visible for a long time if left behind.


Maximum lobster hoops?
Question: I know the maximum number of hoop nets that can be fished from a boat is 10. We take a couple of multi-day trips every year and invariably lose one or two during the trip. Can we carry a couple of spares on the boat to replace any we lose? (Larry H.)

Answer: No, unfortunately, you may not. No more than five hoop nets may be possessed or used by a person, not to exceed a total of 10 hoop nets possessed per vessel (CCR Title14, section 29.80(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 CalOutdoors@wildlife.ca.gov.

When to Use a Crossbow?

Crossbows are normally not considered legal "archery" equipment for taking game birds and game mammals during archery-only season. However, there is an exception for those who hold a Disabled Archer Permit. (Photo courtesy of Parker Bows)

Crossbows are not considered legal “archery” equipment and cannot be used during the archery-only seasons for game birds and mammals unless the hunter possesses a valid disabled archer permit. Crossbows can be used during the open seasons for wild turkey hunting (Photo courtesy of Parker Bows)

Question: With turkey season coming up soon and deer season right around the corner, can you please clarify when crossbows may be used for hunting big game and turkeys in California? As I understand it, you can use a crossbow instead of a rifle during rifle season. Is this correct? Can we use crossbows for taking wild turkeys? (Jesse J.)

Answer: It is important to understand that a crossbow is not considered archery equipment. Crossbows cannot be used during the archery seasons for game mammals or game birds unless the hunter possesses a valid disabled archer permit.

Crossbows may be used during the general seasons for deer, pig and game birds. For big game, hunters must use a broad head which will not pass through a hole seven-eighths of an inch in diameter (California Code of Regulation Title 14, section 354)). For wild turkeys, any arrow or crossbow bolt may be used except as prohibited by CCR Title 14, section 354(d) – which addresses explosive or tranquilizing arrowheads.

For additional information regarding archery equipment and crossbow regulations, please check the California Code of Regulations Title 14, section 354. Good luck!


Revamping crab traps with five inch minimum openings?
Question: I have a question on the Dungeness crab regulations. There’s a new requirement this season that crab traps must have a destruct device with an unobstructed opening that is at least five inches in diameter. The regulations also describe ways to meet the requirement using cotton twine with rubber straps. I don’t keep my crab traps more than a few hours in the water. My existing crab traps already have two circular openings that are 4.5 inches in diameter.

Can I simply add one more circular metal/plastic ring, with inside diameter more than five inches, on the top of the crab trap and NOT use the cotton twine method? Basically, I will have a five-inch opening at all times, regardless of whether I lose my gear (crab trap) or not. (Chin D.)

Answer: “Starting Aug. 1, 2016, crab traps shall contain at least one destruct device of a single strand of untreated cotton twine size No. 120 or less that creates an unobstructed escape opening in the top or upper half of the trap of at least five inches in diameter when the destruct attachment material corrodes or fails” (CCR Title 14, section 29.80(c)(2)).

An opening over five inches would satisfy this requirement as long as the permanent opening in the trap is in the upper half of the trap and it provides the same or greater escape dimensions that would be created when or if a self-destruct cotton failed. A trap set with the destruct material in the failed state (i.e. with no destruct material), would satisfy this requirement.


Shooting gophers and ground squirrels on private land?
Question: Do I need a hunting license to shoot gophers and ground squirrels on private land? (Anonymous)

Answer: Yes, if you are taking them for recreational purposes. Gophers and ground squirrels are nongame mammals and may be taken by licensed hunters. However, gophers and ground squirrels that are damaging growing crops or other property may be taken without a hunting license “by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant thereof” (Fish and Game Code, section 4152).


Collecting natural sea water for aquarium?
Question: I have a big saltwater reef aquarium in my home and would like to collect natural sea water for it. What is allowed with regard to collecting natural sea water to use in home aquariums? I live just outside the Sacramento area and am willing to drive north or south but before setting out, I want to know what the rules are or what laws must be followed. Are there any limits on where or how much I can collect? I scuba dive around Monterey a lot and know that most areas are protected and/or are designated reserves, so figured I should ask.

I apologize for the odd question. I’m just hoping to conserve freshwater by using natural saltwater, if it’s possible and makes sense. Initially, I’d like to collect around 300 gallons. Are there are any laws or restrictions that I should be aware of? (Scott F.)

Answer: No, only that collection of seawater is not prohibited as long as you do so outside of marine protected areas. For information and maps of all of the marine protected areas in the state, please check out the CDFW website.

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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.

Scuba Diving through MPAs with Lobsters in Possession

California spiny lobster (CDFW photo by Derek Stein)

California spiny lobster (CDFW photo by Derek Stein)

Question: If a scuba diver legally enters an area for lobster, proceeds to catch lobster in that area but then is unable to exit the water safely, could they surface swim through a Marine Protected Area (MPA) zone with their catch and exit legally? (Tom)

Answer: Yes, the diver can swim through but should make sure they are clearly not actively hunting for lobsters. For example, if when kicking in on the surface and are right in close to the rocks, they then stop and shine their lights into holes or reach into holes, they may appear to be hunting for lobsters. If they have lobsters in their possession and a warden determines they are attempting to hunt, pursue, catch, capture or kill any lobster, they may be issued a citation for fishing in an MPA.

“Spear fishermen with or without catch shall be allowed to transit through MPAs and MMAs. While transiting MPAs and MMAs that prohibit spearfishing or while in possession of species not identified as allowed for take in the MPA or MMA being transited, spearfishing gear shall be in an unloaded condition, not carried in hand, and the diver shall remain at the surface” (California Code of Regulations Title 14, section 632(a)(8)).


Hunting with an Atlatl (spear thrower)?
Question: Is it legal to use an Atlatl, or spear thrower, to hunt game animals in California? If it is legal, what are the regulations for their use? (Charlie)

Answer: No, a spear thrower is not legal to use. Only methods defined in the 2016-2017 California Mammal Hunting Regulations booklet for the take of small game (CCR Title 14, section 311, on page 26) and for big game (CCR Title 14, section 353, beginning on page 27) may be used.


Personal limits vs boat limits?
Question: When on a boat with a group of fishermen, does the bag limit apply to the boat (as I believe I’ve read in the statutes and have seen on party boats) or does it mean that anyone catching their limit must stop fishing altogether?

I ask because we were ordered off the water when some wardens told us one of our friends could no longer be out there with us since his gear was still in the boat and he was considered to still be fishing. He was the only one with a limit.

Also, since fresh and saltwater regulations are slightly different, where in your regs are the lines of demarcation for San Francisco Bay? (Jerry Z.)

Answer: Boat limits apply to anyone fishing aboard a boat in ocean waters off California or in the San Francisco Bay (CCR Title 14, section 27.60(c)). Boat limits allow fishing by all licensed persons aboard until boat limits of finfish are taken and possessed aboard the vessel. Boat limits do not apply to sturgeon, shellfish or when fishing in inland waters.

“The San Francisco Bay is the waters of San Francisco and San Pablo bays, plus all their tidal bays, sloughs, estuaries and tidal portions of their rivers and streams between the Golden Gate Bridge and the west Carquinez Bridge. For purposes of this section, waters downstream of the Trancas Bridge on the Napa River, downstream of Highway 121 Bridge on Sonoma Creek and downstream of the Payran Street Bridge on the Petaluma River are tidal portions of the Napa River, Sonoma Creek and Petaluma River, respectively” (CCR Title 14, section 27.00).

“Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco Bay and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville” (CCR Title 14, section 1.53).

When fishing in inland waters, bag limits apply to each individual angler and not to the boat as a whole.


Bear skin rug and Alaskan whale bone carving for sale
Question: I have a bear skin rug, along with the head, that was the property of my mother-in-law. We also have a whale bone carving from an Alaskan artist. These are not things we wish to hold on to. Is there any way to sell these items in another state (outside of California) even though we live in California? What are the other options? (Kathy S.)

Answer: Regarding your bear skin rug, it is “unlawful to sell or purchase, or possess for sale, the meat, skin, hide, teeth, claws or other parts of any bear in this state (Fish and Game Code, section 4758). And as far as the whale bone carving, “it is unlawful to sell or purchase a bird or mammal found in the wild in California” (FGC, section 3039). So, if your carving comes from a whale that occurs in California waters, it may not be sold in the state. While neither of these laws apply to transactions taking place entirely outside of California, you are encouraged to consult the U.S. Fish and Wildlife Service to determine if any federal laws may apply.

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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.

Human-Powered Boats?

(Photo courtesy of David A. Jones, Ducks Unlimited)

(Photo courtesy of David A. Jones, Ducks Unlimited)

Question: I have a question regarding a human-powered boat for duck hunting. I understand from the regulations that sails and motors can’t be used, but paddles and oars can. My boat has a prop for propulsion, but it isn’t gas or battery powered. Instead, it has bike pedals so I power it with my legs. It’s called a drive so would that be considered a motor? I am wondering if the “spirit of the law” originally allowed for the use of human power, but because pedals weren’t thought about when the law was written, they aren’t specifically mentioned under the “letter of the law.” How would this be enforced? Would I be OK to use it? (Doug T.)

Answer: Your drive may give the impression that your boat is under power, so if you are checked in the field, I would expect that you would be thoroughly inspected to determine the source of propulsion.

Regulations generally prohibit the take of “any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile” (California Code of Regulations Title 14, section 251). However, take is allowed if “the motor of such motorboat, airboat or sailboat has been shut off and/or the sails furled and its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor or is being propelled by paddle, oar or pole.”

Since our regulations don’t define what a “motor” is, courts would interpret the word by looking at the dictionary. Most definitions of motor seem to point to a machine or engine. However, many definitions refer to devices that convert one kind of energy into mechanical energy to produce motion. Given this potential ambiguity, many wildlife officers would likely not cite you for shooting from your human powered boat. But, to avoid the potential of being cited, the California Department of Fish and Wildlife (CDFW) recommends you take the propeller out of the water in addition to being stopped while actively hunting.


Lobster double limits?
Question: What form will I need to obtain in order to possess double limits of lobster and what requirements are there? Thank you. (John K.)

Answer: The daily bag and possession limit is seven lobsters. Generally, the law only allows a person to possess a single limit (CCR Title 14, section 1.17). The only exception would be for multi-day trips as authorized under CCR Title 14, section 27.15. This section requires you to submit a Declaration for Multi-Day Fishing Trip to CDFW and to keep a duplicate on the vessel. The trip must be continuous and extend for a period of 12 hours or more on the first and last days of the trip. If you were diving for lobster for 12 hours or more before midnight on the first day of your trip, then you would be able to take your second day’s limit after midnight, as long as your trip extended for at least 12 hours on the second day as well.

The multi-day fishing declaration process is intended to allow persons fishing offshore, on a trip that lasts multiple days, to catch and keep up to three daily limits of finfish, lobster and rock scallops (in Southern California). In addition, no berthing or docking is permitted within five miles of the mainland shore, including Catalina Island. If passengers disembark the vessel to spend time ashore in Avalon, the trip is not continuous and the permit is invalid. This is the intention of the section when it talks about not berthing along the mainland shore.


Are artificial fish scent attractants considered bait?
Question: Are products like artificially scented fish eggs considered “bait” when it comes to areas where the regulations call for artificials only? My guess is they would be considered bait, but what about just plastic salmon egg imitations with no scent? Does scent play into the regulations at all? (Mike S.)

Answer: An artificial lure is “a man-made lure or fly designed to attract fish. This definition does not include any scented or flavored artificial baits.” (CCR Title 14, section 1.11). This means attractants may not be applied to the lure while fishing in waters restricted for artificial lure use.

In addition, some people spray WD-40 on their lures. This substance contains petroleum and is specifically prohibited by law to be deposited or introduced into the waters of the state (Fish and Game Code, section 5650).


Pistol on a wildlife area?
Question: Is it legal for me to have a pistol unloaded and locked up in my truck while hunting at a wildlife area for ducks (for example, in the Mendota Wildlife Area)? (David R.)

Answer: Yes, as long as the pistol is securely locked and stowed.

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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.