Category Archives: Pier Fishing

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.

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.

Slingshot Hunting for Grouse and Quail?

Greater Sage Grouse (ODFW photo)

Greater Sage Grouse (ODFW photo)

Question: Is it legal to use a slingshot to hunt grouse and quail during the archery season? I have never seen slingshot listed as legal “archery” equipment nor have I seen anything indicating it is illegal. (David W.)

Answer: No. Slingshots do not fall under the definition of archery equipment as defined in the California Code of Regulations Title 14, section 354 and so would not be legal to use during the archery season.


Shipping trout and venison out of state?
Question: What are the laws on mailing fish to family or friends? A friend of mine took me to Lake Shasta a few years ago, and to return the favor I always bring him some fish on the way home. He is going to be moving to Kansas and I want to send him some of the prized fish. Is it legal to ship them through the mail? I know I can get live lobsters from Maine, but they are a commercial product. My friend also wants to try to send me some venison but we’re not sure of the laws there either. Thank you for your help. (Steve)

Answer: Unfortunately, it is not legal to ship trout outside of California (Fish and Game Code, section 2356.) You also cannot personally transport them to another state, unless you have a nonresident angling license or are on active military duty (in which case you may personally transport no more than one limit of trout across state lines).

Regarding venison mailed across state lines, as long as the animal was taken legally in the state of origin, it can be shipped to a recipient in California for their personal use provided the shipper complies with the following procedures:

Both California (FGC, section 2348) and United States (Lacey Act) laws require that packages containing wildlife and being shipped by common carrier “…shall clearly and conspicuously indicate the following:

(1) The name and address of the shipper.
(2) The name and address of the consignee.
(3) The number and kind of bird, mammal, fish, reptile, and amphibian contained in the package.”

In addition, a Declaration for Entry Form must be filed when importing fish, game, etc. (FGC, section 2353.)

Though it’s not a requirement, it would be a good idea for your friend to include with his venison shipment a copy of his valid hunting license and tags for the deer, along with all information regarding where and when the animal was taken.


Spear fishing options when close to stream outlets?
Question: I know there is a law prohibiting spear fishing in the ocean within 100 yards of a stream outlet. But would it be ok to enter the water from the beach and swim out past 100 yards with our equipment before we start fishing or would we have to find a beach with no outlet at all? (MJH)

Answer: The requirement for divers and spear fishermen to stay away from stream mouths was designed to protect salmon and steelhead that may be entering or exiting a stream. “No person may possess or use a spear within 100 yards of the mouth of any stream in any ocean waters north of Ventura County,” (FGC, section 28.90).

Because the regulation says “no person may possess … within 100 yards,” it would be unlawful to even stand on the beach with a spear in hand if you are within 100 yards of the mouth of a stream. This means that you will need to find an entry point more than 100 yards away from the mouth of the stream to enter the water to go spear fishing.


How many rods on piers and from shore with two-rod stamp?
Question: I’ve gotten conflicting information about the number of rods that can be used on public piers and from shore. I thought only one rod could be used from a public pier and two rods with a license and stamp from shore. However, some friends say two rods from public piers and any number of rods from shore. What’s the correct answer? I’m new to fishing in the ocean in California and I don’t want to get a ticket for something I may have misunderstood. If you could clarify this for me I would deeply appreciate it. Thank you for your time. (Jeanine Q.)

Answer: This is a common point of confusion. To clarify, the two-rod stamp (or second rod validation) applies only to freshwater fishing gear. In saltwater, only two rods (or any two fishing “appliances”, for example one rod and one crab trap, or one rod and one hoop net, etc.) may be used from public piers, and any number of rods may be used when fishing from shore. However, when fishing for groundfish or salmon in the ocean, only one rod with two hooks may be used.

Keep in mind that the law also says that “… lines must be closely attended” (CCR Title 14, section 1.05), so you can use as many lines as they can closely attend. Thus, if you have ten lines spread out over a couple hundred yards, you’d have a tough time convincing a game warden that they are all being closely attended. Make sure all lines can be quickly attended to if you catch a fish.

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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’s the Best Method for Catching Octopuses?

Octopus and shrimp in reef at Anacapa Island (Photo by Derek Stein)

Octopus and shrimp in reef at Anacapa Island (Photo by Derek Stein)

Question: We have a question about catching octopus. Can octopus caught in crab traps be kept? Can sport fishermen use traps to target octopus for sushi or to use for bait? If not traps, can you recommend a better way? Also, are there any seasons, bag limits and/or size limits for octopus? (Nick W.)

Answer: No, traps may not be used to take octopus. They can be taken only by hand or hook-and-line fishing gear and no chemicals of any kind may be used to assist in taking octopus by hand. Octopus may be taken year-round, and up to 35 octopi may be taken per day or possessed at any time. Scuba diving equipment may not be used to take octopus north of Yankee Point, Monterey County (California Code of Regulations Title 14, section 29.05). There are no size limits for octopus.


Legal to hunt with an AK-47?
Question: Is it legal to hunt with a California legal AK-47? I understand I am supposed to use soft point ammunition, but I was wondering if the rifle itself will pose legal issues when it comes to hunting. (James M.)

Answer: If your rifle is one that is legal to possess in California, it would be legal to use for hunting purposes. However, you must have legal ammunition for the area and species you plan to hunt. When hunting big game, center-fire ammunition and soft-nosed or expanding bullets are required. Nonlead projectiles are required when taking bighorn sheep or when hunting any wildlife on a state-managed Wildlife Area or Ecological Reserve.

The laws relating to assault rifles and high-capacity magazine are quite complex. The agency with the most expertise in this area is the California Department of Justice, Firearms Division (note the sections that specifically address assault weapons and high capacity magazines). You can either check their website or call their general information
line at (916) 227-7527.


Trapping Eurasian-collared doves for bird dog training?
Question: Is it legal to trap Eurasian-collared doves? I’ve purchased a bird dog pup and would like to use them for live bird training. If it is legal, do I just need my hunting license or is a trapping license needed? Also, are there any special rules about transporting them live to a field to train with? (Chris R.)

Answer: Eurasian-collared doves are resident game birds and the allowed “methods of take” can be found in the Waterfowl and Upland Game Hunting Regulations booklet under CCR Title 14, section 311 on page 26. Trapping is not an allowable method of take for game birds.


Can guests fish without a license from my private pond?
Question: I recently purchased a home with a private pond. Is it ok for my guests to fish the pond without a fishing license? (Randy N.)

Answer: A sport fishing license is not required for fishing in waters on private property by the owner or the owner’s invitee IF a number of conditions are met. First, those waters must be wholly enclosed by that owner’s real property, and the waters not have a hydrological connection to any permanent or intermittent waterway of the State. Also, an invitee shall not have compensated the owner for such a fishing privilege, nor shall the fish be taken for profit. Otherwise, your guests need fishing licenses. Seasons, bag limits and other California angling regulations apply to all waters on private lands in California, except for the ponds of Registered Aquaculturists.


Sell a moose mount?
Question: Can a person sell a moose mount? I don’t see anything in code or title but thought you may know. (Yvette A. )

Answer: California law does not prohibit the sale of a moose mount because moose are not found in the wild in California. Fish and Game Code, section 3039(a) states, “It is unlawful to sell or purchase a bird or mammal found in the wild in California.”

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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 from Retrieving Deer from Private Property?

Mule deer on scenic hillside (USFWS photo)

Mule deer on scenic hillside (USFWS photo)

Question: Last year I shot a doe with my A31 tag in Los Angeles County (Archery Only-Either Sex). It appeared to be a lethal shot from 22 yards with decent shot placement. I tracked the blood to a privately owned ranch 100 yards away. I stopped tracking it when it appeared she went onto the ranch property. I then approached the ranch manager to get permission to continue tracking my deer. The owner initially agreed but after one of her coworkers talked to her, she retracted her permission (approximately 10 minutes from the time we spoke in her office). She requested that we leave her property at once as she didn’t want people to think they approved of hunting. I didn’t have enough time to locate my deer and left broken-hearted.

I don’t like seeing animals die or suffer for no reason. I would never have shot if I would have known I couldn’t recover her. I believe I did everything legal and correct but it shouldn’t be right that a deer goes to waste because of the bias of a property manager.

Is there anything I could have done to recover my deer? Do I have any rights or is there anyone I could have contacted? I’m still sick over the situation. (Luke G., Loma Linda)

Answer: It’s unfortunate that this happened. Although the law prevents one from wasting the deer, the law does not permit the trespass to retrieve it. Perhaps, if you’d contacted the local game warden, they may have been able to contact the ranch manager or owner for some possible assistance to prevent the deer from going to waste.

According to California Department of Fish and Wildlife (CDFW) Lt. Todd Tognazzini, when archery hunting it is recommended to hunt farther from private property boundaries to avoid this type of problem as deer taken with archery usually travel farther after a lethal wound than those shot with a rifle. Tognazzini says he has never been refused when a fresh and legitimate blood trail is found leaving public land onto private property.


Spear fishing along a jetty without a license?
Question: I know that fishing from a public pier or first seaward public jetty/seawall doesn’t require a state fishing license. Does this also apply if a diver is spearfishing or collecting shellfish along such a jetty? (Jonathan)

Answer: No, the person must physically be on the pier to legally fish without a license. Once the person is off of the pier or most seaward protective boundary (jetty) placed to form a harbor, a fishing license is required. When diving from shore, he or she must be within 500 yards of their license (Fish and Game Code, section 1054.2).


Does a beginner taxidermist need a license?
Question: I am a beginner taxidermist and have done a few pheasants and ducks for myself only but would like to now do some free taxidermy for other people. Will I need a taxidermist license and/or migratory bird permit to mount ducks even if I don’t charge for my services? (Christian T.)

Answer: California does not require a taxidermist license, but the U.S. Fish and Wildlife Service does require a license for migratory waterfowl. A Federal Taxidermy Permit is required to possess migratory birds for taxidermy purposes if you do not otherwise have authorization to possess. For example, a taxidermy permit is required if you would like to taxidermy a friend’s (or customer’s) duck harvested during hunting season. A taxidermy permit is not required if you would like to taxidermy a duck you harvested during hunting season. Further information regarding this federal permit is available on the U.S. Fish and Wildlife website.

I am glad you said you would not keep any of the fish that are not legal to catch or possess. Catching and killing some rockfish does no good.

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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.

Why Tag Large Trophy Trout?

Rainbow Trout _RB097

CDFW’s Eastern Sierras hatcheries, especially Fish Springs, have been placing floy tags on broodstock, or super catchable, fish to inform the public that CDFW is stocking larger fish than the usual two-to-four-pound fish. (CDFW photo)

Question: A friend caught a tagged fish in Deadman’s Creek near Glass Creek in Mono County. The tag was on the top fin of the fish, orange in color, about one inch long and slightly thinner than a spaghetti noodle with black printing on it. The message on the tag read: “CA DFW TROPHY – DO NOT REPORT.” What exactly does this mean? (Paul and Gloria W.)

Answer: This was likely a derby fish from Crowley Lake that migrated upstream. According to California Department of Fish and Wildlife (CDFW) Fisheries Environmental Scientist Nick Buckmaster, “CA DFW-Trophy” floy tags are put on broodstock (or any large trout) that CDFW’s Fish Springs Hatchery releases in an effort to show the fishing public that CDFW does stock fish larger than the usual “catchables.” Many of these fish go to “special waters” for tournaments or events.

According to CDFW Fish Springs Hatchery Manager Matt Norris, who oversees the hatchery that stocks Deadman Creek, we do not have record of any trophy trout being stocked in Deadman Creek, but broodstock have been placed into the Upper Owens River and Crowley Lake (downstream of Deadman Creek). In spring many of our Eastern Sierra rainbow trout move into smaller headwater streams (such as Deadman Creek) to spawn, and this may be the case here.

CDFW’s Eastern Sierras hatcheries, especially Fish Springs, have been placing floy tags on broodstock, or super catchable, fish to inform the public that CDFW is stocking larger fish than the usual two-to-four-pound fish.


Crabbing from jetties?
Question: I have a question regarding crabbing on jetties. I have a valid sports fishing license and I am wondering if I can use more than two rods on the Pillar Point jetty? I’ve always thought there are no limits on the number of rods that can be used for ocean fishing, besides on public piers and special targeted species regulations. I will be mainly using crab snares with six loops. Is a valid fishing license even required to fish on jetties? (John)

Answer: If a jetty meets the definition of a public pier, no license is required but there are gear restrictions. “On public piers, no person shall use more than two rods and lines, two hand lines, or two nets, traps or other appliances used to take crabs” (California Code of Regulations Title 14, section 28.65).

“A public pier is a publicly owned manmade structure that has the following characteristics: is connected, above the mean high tide, to the main coastline or to the landmass of a named and charted natural island; has unrestricted free access for the general public; and has been built or currently functions for the primary purpose of allowing angling access to ocean waters. Additionally, publicly owned jetties or breakwaters that are connected to land, as described above, that have free unrestricted access for the general public and whose purpose it is to form the most seaward protective boundary of an ocean harbor are public piers. Jetties, breakwaters, promenades, sea walls, moles, docks, linings, barriers and other structures that are not the most seaward protective boundary of an ocean harbor, are not public piers” (CCR Title 14, section 1.88.)

In this case, the two outermost jetties at Pillar Point Harbor meet the definition of public piers. The inner jetties do not meet the definition as they are not the most seaward protective boundary, and the harbor district currently does not allow fishing from them.

For any jetties or piers that do not meet the definition of a public pier (as in section 1.88), anglers need a fishing license and are able to use as many lines or other appliances as wanted, per regulations.


Documentation needed to collect and keep antler sheds?
Question: I work on a ranch with a lot of property. Among the wildlife on the property, there are a lot of deer. Whenever I hike around I find antler sheds. I was wondering if it is legal for me to take them, and if so, what documentation would I need to keep them? (Lindy K., Sacramento)

Answer: It is legal to collect antlers that have been naturally shed or dropped by deer or elk in California. No documentation is needed to possess them. Keep in mind that everything in nature is recycled. Many mammals, rodents in particular, gnaw on shed antlers as they are valuable sources of calcium and other micronutrients. Recognize that if you remove it from the field, you are denying that source of nutrient. Next time you find a shed antler, inspect it closely and you will often see teeth marks from these animals. Also, be sure to check local regulations because some areas (e.g. most parks) do not allow collecting of sheds in areas under their jurisdiction. Fish and Game Code, section 3039(c) provides the authority to have them and sell them.

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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.

Clamming at Pismo Beach after 40 years

Pismo clams (Tivela stultorum) in Ventura (CDFW file photo)

Pismo clams (Tivela stultorum) in Ventura (CDFW file photo)

Question: I made a promise to my son 40 years ago to take him clamming at Pismo Beach, and I want to keep that promise. How are the conditions there now and when is the best time to plan a visit? (Jim S, Big Arm, Montana)

Answer: Recent surveys at Pismo Beach indicate there are no legal sized clams there, although there has been some limited legal take of razor clams. I would really like to see you and your son have a successful trip, so there are some other locations further south where you should have luck. Rincon Beach in Santa Barbara County and La Conchita Beach in Ventura County have been producing good numbers of legal sized Pismo clams recently.

Clams that have a size limit and are not retained must be immediately reburied in the area from which dug (California Code of Regulations Title 14, section 29.20 (d)). Clammers must do their share to help to maintain healthy populations of clams for future generations.

Clamming is generally done from November to April during minus tide events. Starting the month of May, potentially harmful plankton blooms can become an issue. The annual mussel shellfish quarantine is from May 1 to Oct. 31, and is in place to protect the public against Paralytic Shellfish Poisoning and domoic acid poisoning, also known as Amnesic Shellfish Poisoning. The May through October quarantine period encompasses more than 99 percent of all Paralytic Shellfish Poisoning illnesses and deaths reported in California since 1927. Even though mussels are a different species, I recommend taking similar precautions and would not recommend harvesting Pismo clams during the annual mussel quarantine.

Please remember that any person 16 years of age or older who is participating in clamming is required to have a valid California sport fishing license. An Ocean Enhancement Stamp is also required for ocean fishing (including clamming) south of Point Arguello (northern Santa Barbara County) except when fishing with a one-day or two-day sport fishing license. The stamp is not required if you purchase a one- or two-day sport fishing license.

For regulations specific to Pismo clams, please go to section 29.40 in the current Ocean Sport Fishing Regulations booklet available online or wherever fishing licenses and sold. Good luck!


Abandoned lobster traps and hoop nets
Question: I am a freediver who dives for lobsters along the Southern California coast. I have concerns about abandoned hoop nets and lobster traps. I can tell that they are abandoned and have been there for a while because some are rusted and old, the rope is frayed, and they are just floating underwater with no buoys attached. Numerous times I have seen these abandoned traps with lobsters and fish that have been trapped inside for days, some alive some dead. Am I allowed to open and free those trapped animals and clean up my dive spots of these abandoned traps? What can I do about those hoop nets that have been cut off/frayed and left under water? I am planning to round up a bunch of freedivers to do an underwater clean up. (Chester L.)

Answer: As long as the trap is clearly abandoned and there is no surface gear associated with it, you can legally both release the animals and remove the traps (you may not keep any lobsters found in the traps). The California Department of Fish and Wildlife (CDFW) recommends and prefers that citizens and fishermen instead report the type and location of lost or abandoned fishing gear to the appropriate CDFW field office so that trained department personnel can retrieve the gear. For a list of CDFW Marine Region offices, please go to: http://www.wildlife.ca.gov/Regions/Marine/Contact.


If duck hasn’t built a nest yet, can I catch and eat it?
Question: Can I catch a mallard duck in my housing community, and eat it, if the duck hasn’t built a nest yet? I live in Huntington Beach. (E.J. Fudd)

Answer: No. Regardless of whether the duck is nesting, you must comply with the Fish and Game Code and all applicable local laws or ordinances. For example, you will need to have a valid hunting license, waterfowl season doesn’t open until October and to take a duck you would need to use a lawful method of take. Since you live in a housing community, firearms are likely not allowed and catching the duck by hand is not a legal method of take.


Fishing and trapping crayfish at the same time
Question: I am just wondering if while I am fishing, I can run my crayfish trap at the same time to catch crayfish. I only have one fishing permit and I don’t have a second rod stamp. I just want to make sure I don’t break any laws. (Eric L.)

Answer: Yes, there are no prohibitions against doing this as long as you can closely monitor your fishing rod the entire 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.