Category Archives: Methods Of Take

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.

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.

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.

Catching Crabs with a Chicken Leg?

Dungeness crabs (ODFW photo)

Dungeness crabs (ODFW photo)

Question: California regulations stipulate that taking crustaceans by “hook and line” is not a legal method of take. So what about a baited line with no hook (e.g. a chicken leg) with a hand line tied to it? As long as I use my hands to take the crab and not a net, is a baited line allowed to lure the crab within reach? (Patrick M.)

Answer: Ocean sport fishing regulations specify what gear may be used to take saltwater crustaceans, and any “nets, traps or other appliances” not specified in the following section are prohibited methods of take (California Code of Regulations Title 14, section 29.80(a)(2)). A baited line without a hook is not a legal method of take, but here’s an idea … you could tie a chicken leg to a loop trap, or make the chicken leg into a loop trap by attaching up to six loops (slip knots) to the bait, and snare a crab this way. This method of a line attached to a chicken leg would be legal to use! Loop traps may not be used south of Point Arguello (CCR Title 14, section 29.80(e)).


Looking for sustainable and ethical wild game for restaurant
Question: I am a chef and we will open a new, very small, specialized Japanese restaurant in Los Angeles. I am looking for sustainable and ethical wild game. Could you please help me find a hunter that deals with restaurants like ours? (Ni L.)

Answer: It is illegal for anyone to buy, sell or trade any sport-taken wild game meat in California. There are businesses that import “exotic” meats, and they are inspected and regulated by the United States Department of Agriculture (USDA). According to the USDA, “Game meats that do not have a mark of inspection cannot be sold. This is the case for game meat harvested by a recreational hunter. The inspection and processing requirements will not be met and thus the meat cannot be sold.”


Lifetime licenses for a 3-year-old
Question: I just purchased a lifetime fishing license for my 3-year-old son and would like to purchase his lifetime hunting license as well. Do I have to wait until he is old enough to take and pass his hunters safety class first? (Anxious dad)

Answer: Great question! You will be able to purchase the lifetime hunting license now to lock in the price but he will not be able to use it until he completes his hunter safety class. Once you buy the license, our License and Revenue Branch will send you confirmation of your purchase. After your son takes the class (usually at nine years or older) and gives us the certificate showing that he has passed his test, like magic, his profile will show that he has an active lifetime hunting license and he will be able to use it.

Likewise, his lifetime fishing license may not show up in his profile until he turns 16 (when he will need to have a fishing license to fish). If you bought one of the add-on packages that include fishing report cards, he will have access to those before his 16th birthday because the report cards are necessary for anglers of all ages.

Good luck and I hope you have many happy years of hunting and fishing with your son!


Catching bait from the piers and bays
Question: What are the legal methods allowed for catching live bait? I have used sabiki type rigs when fishing for mackerels and sardines, but recently I’ve started fishing the bays. Is it legal to use homemade minnow traps in the bays (e.g. Mission Bay and San Diego Bay) to catch smelts to use for bait, or can I only use those bait nets available at local sport fishing retailers for catching bait fish? I am hoping to catch baits south of Point Conception. (Charles P.)

Answer: Baited traps are not authorized for the take of bait fish south of Point Conception. The only authorized methods of take for bait fish are using dip nets, baited hoop nets not greater than 36 inches in diameter, by hook and line or by hand. “Dip nets of any size and baited hoop nets not greater than 36 inches in diameter may be used to take herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp and squid. Hawaiian-type throw nets may be used north of Point Conception to take such species” (CCR Title 14, section 28.80). When taking other species of bait fish, your hand-held dip net must be not more than six feet in greatest diameter, excluding the handle (CCR Title 14, section 1.42).

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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.

Hoop Netting for Crabs off California Piers

Dungeness crab (DFG photo)

Dungeness crab (DFG photo)

Question: Is it legal to use hoop nets to catch crab off piers in California this time of the year? I thought that I read crab season runs through June. However, the hoop net is a net that people use for catching California spiny lobster too, so do I need the California Spiny Lobster Report Card even though I’m not fishing for lobster? I ask this because someone might think that I intend to fish for lobster if I am operating a hoop net.

Also, I have a fishing license I recently purchased for this year, but in general, does one need a license to operate a crab trap during crab season on a pier in California? (Trevor W.)

Answer: Dungeness are the only crabs with a closed season, and they are found mostly along the northern half of California’s coast. Dungeness crab season varies depending on location, so you should check the regulations once you know where you will be crabbing (see section 29.85 on page 51 of the 2016-2017 Ocean Sportfishing Regulations booklet).

The other crabs belonging to the Cancer genus (yellow crab, rock crab, red crab and slender crab) are found statewide and may be taken year round. You need a sport fishing license to take crab generally, but whenever you are fishing from a public fishing pier, a sport fishing license is not needed. You are limited to two fishing appliances on a public fishing pier, though (two nets, rods, lines, etc.).

As long as you immediately release any lobster that may wander into your net, you do not need a Spiny Lobster Report Card. This means you cannot keep them for any length of time. If you pull one up, it must go right back into the water.

Before taking crab, the California Department of Fish and Wildlife (CDFW) encourages you to check for any health advisories related to domoic acid by calling the California Department of Public Health at 1-800-553-4133.


Using artificial scents as fish attractants?
Question: Are you allowed to use artificial scents applied to lures such as fish oil-based products to attract fish in freshwater lakes of California? What’s the difference between bait and using scents that do not contain food to attract fish? (Dean H.)

Answer: Artificial scents may be applied to lures or baits except in areas with specific artificial lure restrictions. An artificial lure “does not include scented or flavored artificial baits” (California Code of Regulations Title 14, section 1.11). This means attractants may not be applied to the lure while fishing in waters restricted for artificial lure use only. It is very common to use fish oil products and or scents in many areas of the state.


Does a loaded Bandolier make an unloaded gun loaded?
Question: If a gun is unloaded but has a Bandolier attached to the stock containing loaded bullets/shells, is it actually considered to be a loaded gun? (Anonymous)

Answer: No. Loaded gun laws that apply to vehicles on roads open to the public have changed over the years, and there are differences between the Fish and Game Code and the Penal Code. Long guns are considered to be loaded pursuant to Fish and Game Code, section 2006 “when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.” Under the Penal Code, a firearm is also considered to be loaded if there is a round in the magazine that can be loaded into the firing chamber with the firearm’s action. A firearm with rounds in a holder attached to the stock would not be considered loaded under these standards.


Hunting small game with a .22 air rifle?
Question: What are the laws on hunting small game (doves, quail, etc.)? Do I need a hunting license to hunt small game? I live in the Bakersfield area and am wondering if I can hunt doves and quail with a .22 air rifle? (Arnold C.)

Answer: You will need a hunting license to hunt big and small game mammals as well as game birds. If you don’t yet have your license, you will need to take and successfully pass a Hunter Education course. You can find information about the courses, dates and locations of upcoming classes, and you may sign up for a class on our Hunter Education website.

Methods of take for resident small game include “air rifles powered by compressed air or gas and used with any caliber of pellet, except that wild turkey may only be taken with a pellet that is at least 0.177 caliber” (CCR Title 14, section 311(f)). Different methods of take are specified for migratory birds, such as doves. Air rifles or all other rifles are prohibited for the take of migratory birds (CCR Title 14, section 507).

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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.