Category Archives: Abalone

Fishing Pacific Halibut with a Buoy from a Kayak?

Landing Pacific halibut from a kayak can be very challenging, especially if not prepared with the right equipment. To ensure success, be sure to plan ahead! (Photo by Eric McDonald)

Question: I wish to target large Pacific halibut from my kayak. I’ve researched several different methods for safely landing a large Pacific halibut from a kayak and have settled on a wireman’s gaff. A wireman’s gaff is a large 18/0 shark hook at the end of a 15-20 foot section of rope. The fish is gaffed with the shark hook and the other end of the rope is normally tied to a cleat – much like a flying gaff. From a kayak, this would be dangerous. Instead, I would tie the other end of the rope to an A1 buoy and throw the buoy overboard. The fish then fights the buoy, tires itself out, and then once tired it can be hauled in and dispatched safely.

My concern is that a hook on a rope attached to a buoy fits the description of “mousetrap gear” in the California Code of Regulations Title 14, section 28.65(f).

“Mousetrap gear prohibited: It is unlawful to use, assist in using, or to possess aboard any vessel, hook-and-line gear commonly termed ‘mouse traps’ constructed of a hook(s) or lure(s), attached to one end of a line that is attached to a float, or floats at the other end, and that when fished, is not attached directly to a person or vessel. Possession of such gear aboard a vessel shall be prima facie evidence that the gear is being used in violation of this regulation.”

Clearly, my intended use is not to fish with the wireman’s gaff as the line is too short to catch anything. The hook is never baited and it is never deployed without first being used to gaff a legally hook-and-line caught fish. Is the use of a wireman’s gaff in this way legal under the regulations? Do you think I would get a ticket if a wireman’s gaff attached to a buoy were in my possession? If it is not legal, is there a way to rig it to make it legal without tying a large agitated fish off to my kayak? (Doug K., Eureka)

Answer: Good question! I think the easiest way for you to make it clear that your device is a gaff and not mousetrap gear would be to rig it so that it couldn’t be used as mousetrap gear. For example, if the hook is tied to a floating rope (e.g. polypropylene) with no weights, it would look like a gaff, whereas if it were tied with clear fishing line it would look like mousetrap gear. If you do this, game wardens will know that your device is a gaff.

“‘Snag’ or ‘gaff’ hooks are hooks with or without handles used to take fish in such manner that the fish does not take the hook voluntarily in its mouth” (Fish and Game Code, section 48).

There is no law that would prohibit your described method of gaffing a Pacific halibut. Many divers use similar devices with floats that detach from their spear guns while spearing large game fish.


Muzzleloaders in a wildlife area?
Question: The wildlife area I hunt states that rifles and pistols are prohibited, so most everyone hunts with shotguns loaded with slugs, or with a bow. Could I legally use a muzzleloader in this area? (Kyle B.)

Answer: Muzzle loading shotguns are legal where shotguns are allowed. When rifles and pistols are prohibited, it’s often due to concerns that bullets may travel too far beyond the targeted game. In these areas, pistols and long guns with rifling in the barrel (including muzzle loading rifles) are prohibited.


Dungeness crab and other health advisories?
Question: What’s the best way to find out when there are health advisories in place to prevent fishing for crabs and other shellfish? (Anonymous)

Answer: Health advisories are usually issued by the California Department of Public Health (CDPH) and can be found several different ways. You can always check our health advisories website. This is updated whenever a new advisory is issued, though unfortunately we do not know much ahead of time when they will be issued. Links to more information about crab and domoic acid is available toward the bottom, in the Additional Information section. You can also call the CDPH shellfish hotline at (800) 553-4133, available 24/7.

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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.

Hunting Over Alfalfa?

Successful pig hunter at Tejon Ranch (CDFW photo)

Question: I know it’s illegal to bait animals to get them to come to you in order to hunt them. However, what about hunting over an alfalfa or corn field? I know some other states allow this and I am wondering if California does, too. (Dakota C.)

Answer: Although feeding big game and hunting over bait is illegal in California, it is legal to hunt over a standing or harvested alfalfa or cornfield. While it is generally prohibited to take resident game birds and mammals from “any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed, or scattered…” (California Code of Regulations Title 14, section 257.5), this regulation includes several exceptions. One exception allows the “taking of resident game birds and mammals on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting.”


Catch and release in MPA
Question: Is it legal to fish catch and release in a no-take State Marine Conservation Area (SMCA) Marine Protected Area (MPA) such as Big River SMCA? Nothing is mentioned in the California Ocean Sport Fishing Regulations booklet. (Robert J.)

Answer: No, it would not be legal to catch and release inside a no-take SMCA or MPA because “take” means to “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill” (Fish and Game Code, section 86).


Why not able to purchase license and harvest report cards together?
Question: I purchase a California fishing license every December for the following year. Then in May I purchase an abalone report card. And then in September I purchase a lobster report card. I purchase all of these online, which is convenient. Still, it’s three transactions I have to remember and three postage charges. Why can’t I purchase my fishing license and harvest report cards in one transaction? (Ben W.)

Answer: Sport fishing licenses and all sport fishing license items become available for purchase on Nov. 15 each year, except for abalone and lobster report cards. While abalone and lobster report cards are not available for sale at the beginning of the year, you do not have to pay for postage on items purchased through the Online License Sales and Service, unless you select expedited shipping.

Abalone Report Cards become available for purchase on March 15. Abalone regulation changes, based on data gathered from the previous year, frequently require changes to the Abalone Report Card. The March 15 date for the start of sales for Abalone Report Cards allows time for changes to be made to the report card and still allows the report card to be available for purchase 45 days prior to the first day of abalone season. For example, the seasonal limit for abalone recently changed from 18 to 12. Therefore, changes were made within the Automated License Data System to reduce the number of lines printed on the report card and the number of abalone tags included with the report card to 12.

Spiny lobster season spans a part of two calendar years and the report card is valid for the entire lobster season. The upcoming lobster season opens Sept. 30, 2017 and closes March 21, 2018. If Spiny Lobster Report Cards for the 2017/18 season were available at the time 2017 sport fishing licenses first became available for sale (Nov.15, 2016), they would have been available for purchase during the 2016/17 lobster season. It is likely that many people would accidently purchase a spiny lobster report card for the wrong year.


Abalone shell pieces for jewelry?
Question: I realize it is illegal to sell abalone shells as jewelry or other artwork if obtained while sport diving under California regulations, but what if the abalone shells or pieces of them are found while beach combing and the shell had already been vacated by natural means? Can these shells be made into jewelry since there is no limit on taking these shells or pieces? (Scott E., Walnut Creek)

Answer: You can generally pick up abalone shells and shell parts for your personal use. However, Marine Reserves, Marine Protected Areas and other prohibited areas do not allow for any shell collecting. Wherever you go, you should contact the controlling 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 jewelry that is sold.

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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.

Using a Dinosaur Blind for Waterfowl Hunting?

(Creative Commons photo)

(Creative Commons photo)

Question: I realize this may sound like a really dumb question or a joke, but I’m honestly being serious. Can I make a plywood cutout of a dinosaur to hide behind so that I can better sneak up on waterfowl? I recently heard about using a plywood cutout of a cow as a way to approach ducks and geese. However, I then saw that this is illegal in California because hunters are not allowed to use something that looks like a mammal to approach waterfowl. Dinosaurs aren’t mammals though so I don’t see why this wouldn’t work, but I just wanted to ask. (Sydney M.)

Answer: Fish and Game Code, section 3502, which is derived from a provision of the Penal Code dating to 1909, prohibits using “any mammal (except a dog) or an imitation of a mammal as a blind in approaching or taking game birds.” Since dinosaurs are not mammals, you will be ok as long as your blind can’t be confused with a mammal.


Is a SUP considered a vessel?
Question: Is a stand-up-paddle (SUP) board considered a vessel when used in the taking of abalone? I ask because I’m wondering if I have to fill out my abalone tag on my SUP before coming to shore. (Jonathan W.)

Answer: No, you may wait until you come ashore to tag and fill out your abalone report card. Although California Code of Regulations Title 14, section 29.16(b)(1) requires that people taking abalone “shall tag any red abalone either immediately upon exiting the water or immediately upon boarding a vessel, whichever occurs first,” it also provides that people “who dive from a non-motorized vessel such as a kayak that is in the water may wait until immediately after disembarking from the non-motorized vessel to tag and record any abalone in possession.”


Still confused about antibiotics in stocked fish
Question: I just read with interest in the Modesto Bee your answer to the question about antibiotics in stocked fish. The answer doesn’t make sense to me. First, you say that hatchery fish are treated with antibiotics when necessary to save their lives and it is done on an as-needed basis. Knowing that hatchery fish number in the tens of thousands, and no individual fish would be pulled out and antibiotics delivered to just those fish, you must be saying, yes, they are treated, right? And then you finish the answer with “none of the stocked fish have antibiotics.” Huh? (Barbara S.)

Answer: Sorry for any confusion. When the fish need to be treated with antibiotics, then they are treated as a group since most ailments would be ones that would affect them all. Antibiotics are only used when necessary to save lives, and there is a good chance that none of the fish raised during a growing cycle were ever treated with antibiotics at all.

Prior to the Federal Drug Administration (FDA) approving (registering) any antibiotics for use in food fish, they set withdrawal times to ensure public safely. Withdrawal times are meant to guarantee that residual antibiotics are either non-detectable, or lower than the FDA’s acceptable limits, prior to the fish being released.

Once all treatments are finished, the fish are held for the required time for the chemicals to work their way out of their bodies. Only after this time can those fish finally be planted and available for human consumption.

Some other agricultural industries have been criticized for using antibiotics as a growth aid. We don’t do that for the fish we supply to our anglers.


Sport fishing on a commercial crab boat?
Question: Can commercial boats sport fish for Dungeness crab during the sport season when the commercial season is closed? (Anonymous)

Answer: Yes, if the commercial vessel is not engaged in any commercial activity (FGC, section 7856(f)), the commercial vessel does not hold a Dungeness crab vessel permit (CCR Title 14, section 132.1(a)), and everyone taking crab or fishing onboard has a sport fishing license and is following sport fishing regulations.

HAPPY THANKSGIVING!

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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.

Ultra-lights and Fixed Wing Aircraft Harassing Wildlife

Ultra-light aircraft cannot be flown lower than 500 ft. from the surface (Creative Commons photo)

Ultra-light aircraft may not be operated at an altitude lower that 500 feet or closer than 500 feet to any person, vessel or structure (Creative Commons photo)

Question: We live around the Imperial Wildlife Area (Wister Unit) and over the past two years we’ve seen an influx of ultra-light air craft flying over the Imperial Wildlife Area, sometimes very low. For example, on June 15 we saw three ultra-light crafts fly from a local airport and circle all of the wildlife area where there’s water, sometimes getting as low as 25 feet. This spooked all of the waterfowl and shore birds, and most of the shore birds were nesting and harassed by this.

I know there are harassment laws in place for this (Fish and Game Code, section 3003.5) as I contacted California Department of Fish and Wildlife (CDFW) wildlife officers, but all of us were uncertain how or if there are any height restrictions for aircraft flying over state wildlife areas. This has also happened during waterfowl season where the ultra-lights were flying within feet of hunters’ spreads of 2,000 or more snow goose decoys.

Can you please help us determine whether there are any height restriction codes prohibiting such activities over state wildlife areas? I have Googled this and have only found Federal Aviation Administration (FAA) results for federal lands and know now that the FAA doesn’t have state wildlife areas listed. (Richard F.)

Answer: While there is no specific section in the Fish and Game Code regarding these low-flying aircraft, section 2009 may apply. This section makes it a misdemeanor to willfully interfere with someone who is engaged in the sport of hunting. Given the circumstances you described, this section could be used to prevent these low-flying aircraft from interfering with hunters on state wildlife areas during the open season.

There are also two regulations that may apply to the actions you describe. “No person shall pursue, drive, herd or take 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). Also, “No person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal’s normal behavior patterns, which includes, but is not limited to breeding, feeding or sheltering” (CCR Title 14, section 251.1). These regulations are punishable as misdemeanors.

Low-flying aircraft are regulated by FAA Federal Aviation Regulations (FARs) and the US Code of Federal Regulations (CFR). Generally, when flying over other than congested areas (i.e. cities, towns or settlements), they may be operated at an altitude not lower than 500 feet above the surface, except when over open water or sparsely populated areas where they may not be operated closer than 500 feet to any person, vessel, vehicle or structure (FARs, CFR Title 14, section 91.119(c)).


Shipping sport-caught fish home
Question: We have chartered a sportfishing party boat for 25 of our out-of-town clients. If they get their daily bag limits and want their fish shipped home via overnight carrier, would each person have to be present at the shipping office with their fish? If so, would each person need to show their fishing license to the clerk at the shipping office? Would each person’s fishing license need to be packed inside the box with the fish being shipped out? Or could someone from our business have each person’s fishing license/ID and just ship everyone’s fish home for them? (Annette T.)

Answer: Each person would need to be present to check their fish into the shipping office because it is unlawful for someone to transport more than one limit of fish (FGC, section 2347). It’s also illegal for someone to ship more than one limit of fish (FGC, section 2346). While each angler will need to be at the shipping office with their fish, they are not legally required to show their fishing license to the shipper, nor do they need to include a copy of their fishing license inside the box containing their fish (but it’s not a bad idea to do so). The carrier may have their own policy on this, but CDFW does not regulate it. The outside of the package containing the fish must clearly and conspicuously indicate the name and address of the shipper, name and address of the consignee and the number and kind of fish inside the package (FGC, section 2348).


Making your own abalone irons
Question: I would like to make my own abalone irons. What are the specifications to do so legally? (Jim B., Oakdale)]

Answer: Abalone irons must be less than 36 inches long, straight or with a curve having a radius of not less than 18 inches, and must not be less than 3/4 inch wide nor less than 1/16 inch thick. All edges must be rounded and free of sharp edges (CCR Title 14, section 29.15[e]).

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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 Required When Packing out Game?

Mule deer around Clear Lake (USFWS photo)

Mule deer around Clear Lake (USFWS photo)

Question: What are the laws on deboning a bear or deer to pack out the meat? I don’t know of any laws saying I cannot debone a deer or bear as long as I am able to prove that the quarters and heads are all part of the same animal. I’m just looking for clarity as I am heading into X9A for my first time and I plan on hiking into deep country on foot. (Brad P.)

Answer: This is a legal practice as long as you can verify what animal the meat belongs to. The only problem that may arise is when people are packing out multiple animals at the same time. If that’s the case, the California Department of Fish and Wildlife (CDFW) asks that hunters keep each animal separate to avoid any misunderstandings.

For deer, you must pack the antlers out with the meat to verify the sex, and the antlers must be tagged. With bears, you must pack the skin and the portion of the head bearing the ears along with the meat so that we can extract a tooth for aging purposes (FGC 4757). You are not required to prove the sex of bears.

In addition, all hunters must comply with Fish and Game Code, section 4304, which prohibits needless waste of any portion of the meat that is usually eaten by humans.


Nontraditional measurement devices?
Question: I am aware that a person must be able to judge the size of their take, but are there any regulations saying what types of devices the person must carry? For example, I recently observed a group that were crabbing and their only means of measurement was a cut zip tie, but it was indeed the correct minimum length. (Katlyn G., Sausalito)

Answer: It varies, but for crab, the only requirement is that the device be capable of accurately measuring the minimum size of the species (California Code of Regulations Title 14, section 29.05(c)). But, sometimes the regulations are very specific about the type of measuring device that is required. Persons taking abalone, for example, “shall carry a fixed-caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell” (CCR Title 14, section 29.15(f)).

An object such as a ruler is capable of accurately measuring rock crab because size limits are “measured by the shortest distance through the body, from edge of shell to edge of shell at the widest part.” For Dungeness crab though, the measurement is “five and three-quarter inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines).” Because of the curvature of the Dungeness carapace, and the need to measure the straight line distance across a curved surface between the points, a measuring device such as a ruler or zip tie is not accurate. CDFW recommends using a fixed or adjustable caliper for Dungeness crab. It does not have to be commercially purchased and we have seen devices cut out of wood or plastic that work fine.


Sale of valley quail during the offseason?
Question: Is it legal to sell pen-raised valley quail during the offseason to be used to train dogs? The pen-raised valley quail will have CDFW tags that I think only cost a few cents each. (Matthew W., Santa Rosa)

Answer: Interesting question since very few people raise California quail and instead raise bob white. However, the answer is yes, they can be sold if they were bred and raised under the authority of a CDFW Domesticated Game Breeder License (see Fish and Game Code, section 3201). The birds will need to be marked with game bird tags to differentiate them from wild birds. These tags are sold to game bird breeders through our License and Revenue Branch for less than four cents each.


Spearfishing with scuba before free diving for abalone?
Question: If I’m out spearfishing with scuba gear, can I leave the scuba gear in the boat to also free dive for abalone? (Anonymous)

Answer: No. Sport divers are prohibited from using scuba or other surface-supplied air equipment to take abalone, and they cannot possess abalone on board any boat, vessel, or floating device in the water containing scuba or surface-supplied air. There is no problem transporting abalone and scuba gear together while on land. Divers working from boats, kayaks, float tubes or other floating devices who wish to use scuba equipment to spear fish or harvest sea urchins, rock scallops or crabs of the genus Cancer, will need to make a separate trip for abalone.

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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.

Crabbing from Shore with a Launcher?

California crab fishermen who is fishing with a crab snare. (Creative Commons photo)

California crab fishermen who is fishing with a crab snare. Crab loop traps (crab snares) may have up to six loops. (Creative Commons photo)

Question: While crabbing from shore with a rod/reel/crab snare, I was not having any luck. I noticed a guy on a paddle board with a crab trap just past my maximum casting distance, and he was catching crabs no problem. Would it be legal to launch a crab snare, attached to the line of a rod and reel, with a catapult, trebuchet, water balloon launcher or similar device? If only I could get it out 10 more feet or so I feel I would have better success. (Ivan M., San Francisco)

Crab loop trap or crab snare (Creative Commons photo)

Crab loop trap or crab snare (Creative Commons photo)

Answer: There are no Fish and Game regulations that prohibit the use of a device to send your terminal gear out to locations beyond where you can cast. However, you might want to check local (city, county, state beach, etc.) ordinances for the beaches where you will be crabbing prior to using one of these devices. Some people use kites or remote controlled boats for this purpose.


Can retired peace officers countersign a deer tag?
Question: I was reviewing the persons authorized to countersign a deer tag recently and was wondering if you could clarify whether peace officers (salaried and non-salaried) are authorized? If so, can retired peace officers also sign off another person’s deer tag? I have been told yes and no by two different wardens. (Mike D., Salinas)

Answer: Retired officers are not authorized to countersign deer tags. The only people authorized to countersign deer tags are those people listed under California Code of Regulations Title 14, section 708.6., which include:

(A) State:
1. Fish and Game Commissioners
2. Employees of the Department of Fish and Game, including Certified
Hunter Education Instructors
3. Employees of the California Department of Forestry and Fire Protection
4. Supervising Plant Quarantine Inspectors
5. Junior, Intermediate and Senior Plant Quarantine Inspectors

(B) Federal:
1. Employees of the Bureau of Land Management
2. Employees of the United States Forest Service
3. Employees of the United States Fish and Wildlife Service
4. All Uniformed Personnel of the National Park Service
5. Commanding Officers of any United States military installation or their
designated personnel for deer taken on their reservation
6. Postmasters and Post Office Station or Branch Manager for deer brought
to their post office

(C) Miscellaneous:
1. County firemen at and above the class of foreman for deer brought into
their station
2. Judges or Justices of all state and United States courts
3. Notaries Public
4. Peace Officers (salaried and non-salaried)
5. Officers authorized to administer oaths
6. Owners, corporate officers, managers or operators of lockers or cold
storage plants for deer brought to their place of business


Question on abalone start time
Question: I know that the start time for abalone diving is now 8 a.m. If it takes me 15 minutes to swim out to the spot I want to start diving for abs, can I enter the water at 7:45 a.m. and not make my first dive until 8 a.m., or does the law mean that there is no entry into the water at all until 8 a.m.? Thanks, (Don C.)

Answer: Abalone may be taken only from 8 a.m. to one-half hour after sunset (CCR Title 14, section 29.15(b)(2)). Although “take” includes the pursuit of abalone, as long as you are just swimming on the surface out to your dive spot and don’t begin your actual searching or diving down for these mollusks until 8 a.m., you would not violate the start time.


What determines wanton waste of fish?
Question: What would be considered deterioration or waste of fish? I understand that leaving them on the shoreline or in a garbage can would be waste, but would it also apply to using the whole fish as fertilizer or something like that? (Zach T.)

Answer: Anglers are expected to make reasonable efforts to retrieve and utilize any fish taken. It is unlawful to cause or permit any deterioration or waste of any fish taken in the waters of this state (CCR Title 14, section 1.87). Although most fish taken under the authority of sport fishing licenses are utilized for human consumption, the regulation does not prescribe how fish are to be used.

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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.

Can Sport-Caught Fish Be Donated to a Food Bank?

Sport-caught fish can be donated to a food bank or soup kitchen as long as they were legally taken, don’t exceed the angler’s bag limit and as long as the food bank or soup kitchen will accept them. Be sure to check with them first! (CDFG photo)

Sport-caught fish can be donated to a food bank or soup kitchen as long as they were legally taken, don’t exceed the angler’s bag limit and as long as the food bank or soup kitchen will accept them. Be sure to check with them first! (CDFG photo)

Question: We often take folks out fishing while they are visiting the area and staying at hotels, bed-and-breakfasts or campsites. Unfortunately, they are often not able to consume all of the fish that they catch. We understand we are allowed to gift fish to friends and family members (as long as each individual does not possess more than one bag limit per person per day).

Are there restrictions on gifting extra fish to local food banks or soup kitchens as long as the food bank would want and accept them? This is a question from a traveler who is interested in planning a future trip. (Jenny O., Santa Cruz)

Answer: Yes, a person is allowed to donate (gift) any fish taken to a food bank or soup kitchen that does not charge money for the fish as long as the fish were legally taken and the daily bag limit was not exceeded. Since every person is only allowed to take or possess one daily bag limit of fish per day, anglers should individually donate their fish to avoid having someone transport more than a possession limit of fish at any time. Since many food banks and soup kitchens no longer accept donations of meat or fish that is not USDA-certified, you may want to check with them in advance.


Airguns and Upland Game Hunting?
Question: My buddy and I are part of the ever increasing population of airgun hunters. We typically take rabbits and ground squirrels, but would like to use these .22 caliber precharged pneumatics for turkey and other upland game, such as quail and dove. While we believe the regulations cover the turkey hunting explicitly, can you confirm if it is also legal to take dove and quail with these firearms? (Jason C., Windsor)

Answer: Resident small game (as listed in California Code of Regulations Title 14, section 257) may be taken with an air rifle firing pellets and powered by compressed air or gas. This includes: wild turkey (must use at least 0.177 caliber or larger), Eurasian collared doves, quail, non-protected squirrels, jack rabbits and cottontails, in addition to the other resident small game species defined in section 257.

Western mourning dove, white-winged dove and band-tailed pigeons are listed as migratory game birds and may not be taken with an air rifle.


Continue diving for fish after abalone limit reached?
Question: Just a quick question now that abalone season is upon us. I took up spearfishing last season and really enjoy it. I know the regulations state that once you reach your limit on abalone you must immediately stop diving. Does this mean stop diving altogether or just for abalone? I guess the question I am asking is can I continue to dive and spearfish after I get my limit of abalone? (Tom R.)

Answer: It is legal to spearfish after harvesting abalone. Abalone divers may take up to three abalone per day, and no more than three abalone may be possessed at any time. Nothing in the regulations requires you to exit the water after harvesting a limit of abalone. However, individuals “taking abalone shall stop detaching abalone when the limit of three is reached” (CCR Title 14, section 29.15(c)). This section also requires abalone divers to retain all legal-sized abalone they detach until they reach the limit.


Crayfish for bait?
Question: I was wondering if you can use crayfish as bait when fishing for freshwater fish, such as bass? (Jerry Y.)

Answer: Generally, crayfish may be used for bait statewide, with some exceptions (see CCR Title 14, sections 4.00 and 5.35). Even though crayfish are allowed as bait for bass fishing in most areas of California, if the crayfish were not caught and used in the same waters from where taken, many lakes prohibit anglers entering lakes with live bait. This is due to the potential for the introduction of exotic species, such as quagga and zebra mussels. There is no way to certify the bait and water holding the bait are free from these species. If you plan on using crayfish brought into a lake, it is important to check ahead of time with the operator of the lake to see if they allow importation of legally acquired bait.


Underwater camera to find trout?
Question: Is it legal to use an underwater camera to look for trout that may be hiding underneath the creek/river bank? Does it matter if it’s used while engaged in the actual activity of trout fishing or when not in possession of a fishing pole? (Jim B., Elk Grove)

Answer: An electronic viewing device, such as an underwater camera, would be legal but a non-electronic viewing device (such as goggles, scuba mask, etc.), would be prohibited for taking fish (California Code of Regulations Title 14, section 2.09). There’s an exception, though, under the provisions of spearfishing (CCR Title 14, section 2.30).

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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.