Category Archives: Lobsters

Bird Feeders May Lure Other Unwanted Wildlife Visitors

than you’d

Wild bird feeders often lure in more than just the intended birds (Creative Commons photo)

Wild bird feeders may be a lure for a lot more unintended wildlife visitors than you’d expect (Photo courtesy of Creative Commons)

Question: Is it okay in California to put bird feeders out to feed wild birds? Assuming it is, if we observe deer eating the seeds intended for birds, are we obligated to remove the bird seed and stop feeding the birds or can we continue to put out seeds for the birds even if the deer are also coming in to consume it? (Mark M.)

Answer: Wild bird feeders are legal to use, but keep in mind that you don’t want the birds to become completely dependent on this artificial food source. If they do become dependent, then if/when this artificial food source becomes unavailable, the birds may have trouble going back to find a natural food source to sustain them.

Which leads into your second question … if you find that the deer are changing their behavior and coming onto your property in pursuit of any spilled bird seed, you should stop feeding the birds until the deer stop coming in. Pretty soon there won’t be any birds, just deer standing around waiting for their handout. It’s either that or move the feeder to a spot the deer can’t get to. It’s never a good idea to start feeding deer.

Another potential problem is that bird feeders can also be a big attractant for black bears who are trying to consume enough calories to support hibernation during winter months when natural food is scarce. The suet (animal fat) used to hold bird seed together in many products is also a dense calorie source which bears can become dependent upon. Knowingly attracting bears with this food source, which can be considered bait, is a citable offense.

Keep in mind, it’s illegal to feed big game (California Code of Regulations Title 14, section 251.3) and unlawful to harass wildlife (causing them to alter their normal behavior). Harassment can include feeding (CCR Title 14, section 251), even if it’s via bird feeders.


Spiny lobster hoop net buoy regs
Question: I read where crab traps need the owner’s GO ID number on the buoys this year. Is this required for lobster hoop nets as well? I did not see it but the locker room lawyers I hang with say the requirement applies to both. (Joe H.)

Answer: For this season, that is not the case. Beginning with the 2017 season, however, this will be required unless the hoop net is deployed from shore. You can get a preview of the adopted regulation changes for sport lobster fishing on the California Fish and Game Commission website.

“Beginning on April 1, 2017, hoop nets used south of Point Arguello shall be marked with a surface buoy. The surface buoy shall be legibly marked to identify the operator’s GO ID number as stated on the operator’s sport fishing license or lobster report card. Hoop nets deployed from persons on shore and manmade structures connected to the shore are not required to be marked with a surface buoy.”


Bear tag on my body?
Question: I have a question about bear hunting. This past season while in camp and talking to wildlife officers , a big bear walked by about 100 yards away. I was about to shoot it when I remembered my tag was in my trailer and not on my body. I got the tag first, then contained my dog, but by then the bear was gone. I could have shot him but didn’t have the tag on me. Did I just save myself a ticket for shooting without my tag in possession or did I just miss the bear? It says on the tag that it must be in immediate possession while hunting. (Rick W.)

Answer: Because you were at your camp and not hunting at the time, you are not expected to have your tag/license on you. However, according to Fish and Game Code, section 4753, “The person to whom a bear tag has been issued shall carry the tag while hunting bear.” So, you did the right thing. Once you would have picked up your firearm, you would have been actively hunting, so therefore required to carry your tag. Also keep in mind that if you were in a designated campground area, many campgrounds have safety zones around them where shooting is not allowed.


Trout fishing at night
Question: Can you clarify the exact rules for trout fishing at night? The regulations aren’t very clear to me when I read them. (Brandon C.)

Answer: In most cases, trout and salmon may not be taken at night. However, some exceptions can be found in the 2016-2017 Freshwater Sport Fishing Regulations handbook on page 16 under CCR Title 14, section 3.00. Night is defined as one hour after sunset to one hour before sunrise.


Mouth calls for deer
Question: My question goes back to deer season. I am wondering if it is ok to use mouth calls for deer hunting here in California. I have found this legal to do in other states. (Richard T.)

Answer: Yes, you can use mouth calls for deer as long as the sounds are not electronically generated or electronically amplified (FGC, section 3012).

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

Human-Powered Boats?

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

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

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

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

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

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


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

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

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


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

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

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


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

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

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

Cooking Crabs Aboard my Boat

Dungeness crab (Photo by Carrie Wilson)

Dungeness crab (Photo by Carrie Wilson)

Question: I occasionally spend three days (and two nights) aboard my boat (fully self-contained) on Tomales Bay. Is it legal to cook all or part of your day’s limit of crabs or fish while on board as long as you keep the top shells or full-length filleted fish carcasses as proof of size and limits? I’ve never cooked fish or crab aboard my boat but I’ve always wondered if it was legal. (Dennis G., Placerville)

Answer: Yes, this is permissible. Basically, each licensed person on your boat may only be in possession of one limit of crabs or fish at any time. And while in possession, the fish or crabs must be in a state where the species and size can be readily determined. Once they have been prepared for immediate consumption, carcasses and carapaces may be discarded. But a person who chooses to consume any portion of their legal limit of crabs or fish taken on that day may not take additional crabs or fish until the next day. Taking additional crabs or fish on the same day would result in an overlimit.


Can medical marijuana card holders hold a hunting license?
Question: Is a person who possesses a medical marijuana card legally prohibited from having a hunting license? If so, are there different hunting licenses required by those who archery hunt vs those who hunt with a firearm? (Mario R.)

Answer: According to California Department of Fish and Wildlife (CDFW) Captain Patrick Foy, fish and wildlife laws don’t prohibit a person with a medical marijuana card from obtaining a hunting license. However, the Fish and Game Code (FGC) and common sense prohibit a person from hunting while under the influence (see FGC, section 3001.) There are also regulations relating to use and possession of marijuana on CDFW lands, including those who are in possession for medicinal purposes (see California Code of Regulations Title 14, section 550(x)(2)).

A California hunting license authorizes a person to hunt with any legal method of take. There are a few specific hunts and tags that require a person to use only archery, but the same hunting license is used. All archery hunters are encouraged to take an archery education class in addition to regular hunter education, but it is not required.


How many lobster hoop nets?
Question: How many hoop nets can a person use at one time? On piers and jetties the rule is one hoop net and one fishing pole or two hoop nets, right? I want to be sure I am complying with California laws. (Anonymous)

Answer: On designated public piers and jetties, you’re allowed to use no more than two appliances at a time. That means: 1) one rod and one hoop net, 2) two fishing rods, or 3) two hoop nets at a time (see CCR Title 14, section 1.88 at page 25 in the 2016-2017 Ocean Sportfishing Regulations booklet for the definition of “public pier”).

When it comes to hoop nets fished from a nonpublic jetty or boat, “Between Point Arguello, Santa Barbara County and the United States-Mexico border, not more than five hoop nets … shall be possessed by a person when taking spiny lobster or crab, not to exceed a total of 10 hoop nets possessed when taking spiny lobster or crab, per vessel. The owner of the hoop net or person who placed the hoop net into the water shall raise the hoop net to the surface and inspect the contents of the hoop net at intervals not to exceed two hours” (CCR Title 14, section 29.80(b)).


Gun concealed in glove box while archery hunting?
Question: As a concealed carry permit holder, is it legal to have my gun stored in my vehicle (glove box) while archery hunting? (Birgit G.)

Answer: The answer to your question depends upon what you are hunting and whether you are hunting from your vehicle. The general rule is that “archers may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery only tag” (CCR Title 14, section 354(h)). Similarly, during archery season a deer hunter cannot legally “carry, nor have under his or her immediate control, any firearm of any kind” (FGC, section 4370). These provisions would allow you to leave your handgun in your vehicle as long as you are not hunting from your vehicle.

As of Nov. 11, 2016, a different rule went into effect when taking resident small game. Regulations now authorize the “lawful possession of a concealed firearm pursuant to a concealed carry permit” when hunting resident small game during any archery season (CCR Title 14, section 311). (187)

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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

Kite Fishing

(CDFW photo by Sabrina Bell)

(CDFW photo by Sabrina Bell)

Question: Can you tell me the regulations regarding using a fishing kite from shore or a pier to catch fish? We use these specially modified kites to help us get our lines out farther than the distance we could normally cast them. (Jenny C.)

Answer: There are no specific regulations prohibiting the use of a kite or other windborne device (a helium-filled balloon, for example) to help you get your line out to where the fish are. However, please be mindful of the environment and remember that any items or materials discarded or abandoned could be considered litter. If, for instance, an angler used a balloon to catch a fish and then released the balloon when the fish was hooked — or when the line reached the desired distance from shore — the angler could be subject to citation.

Also, there may be city or county ordinances that pertain to this, so please check with local authorities.


What to do about raccoons visiting my backyard
Question: I live in a residential area and raccoons have begun visiting my backyard at night. They are using my yard as a rest stop in their nightly urban foraging. Our backyard is landscaped including a grass lawn. I am looking for anything short of cages to discourage them. Is there any non-toxic substance I can spread near their entrance/exit point to discourage their visits? They do not appear to be eating or digging up anywhere in the yard, but they’ve adopted my yard as their restroom. I would appreciate any insight or suggestions you may have. (John W., Elk Grove)

Answer: We see an upsurge in raccoon sightings and reports this time of year because youngsters born in the spring are now independent of their moms and the adults are building up their fat reserves for the winter.

According to California Department of Fish and Wildlife (CDFW) Wildlife Biologist Jeff Cann, you should first remove all attractants from your yard such as pet food, dropped fruit, old garden vegetables, and securely close all garbage cans and compost heap containers. Even water can be an attractant this time of year, so if you have a fountain or fish pond, try to make it off limits (e.g. electric fence or dry it out). If the raccoons are coming in through holes in the fence, block those entry points with wire, wood or some other barrier.

Keep in mind that raccoons are excellent climbers and are capable of gaining access to yards by climbing fences or using overhanging limbs to bypass fences altogether. Cutting overhanging limbs may help to keep them from dropping in. If the raccoons are climbing over your fence, one deterrent could be to line the top with spikes or sharp tack strips. An easy way to do this is via carpet tack strips which are essentially a lot of little nails anchored in wood that carpet installers use to stretch carpet over. If you completely line the top of the fence with these then the raccoons will not use the top board as a transit way either. A “hot wire” from an electric fence charger at the top of the fence will greatly increase the effectiveness of a fence for excluding raccoons but you’ll need to find a way to properly ground it.

While these may all seem like extreme measures, the point here is to make your yard less hospitable than your neighbors so the pesky critters will move on.

If you’re looking for chemical detractors, one option you could try is Capsaicin (a chile pepper extract). It’s registered as a repellent for raccoons and may be useful in deterring trash-raiding raccoons.

A great place for more information on all of this is the University of California Integrated Pest Management Program page on raccoons. Good luck!


Is licorice legal bait?
Question: My brother and I have two burning questions we have been wondering about. Is it legal to use licorice to fish with as bait? Also, we observed a man with a syringe injecting air into his bait worms so they would float off the bottom. Is this legal? (Marcus O.)

Answer: Processed food, such as licorice, are legal under bait regulations for inland waters where bait is legal (California Code of Regulations Title 14, section 4.00). It is also legal to inject air into a fishing worm and many such kits are found at sporting goods outlets. This method can be a very effective way to keep a worm off the bottom of lakes with heavy bottom vegetation.


Can you lure a lobster with a sardine?
Question: Are you allowed to lure lobsters out of a hole with a piece of sardine in your hand? (David C.)

Answer: Sure, you can give it a try, but I don’t know how successful you’ll be. The law says that skin and SCUBA divers may take crustaceans by the use of the hands only and may not possess any hooked device while diving or attempting to dive for them (CCR Title 14, section 29.80). There is no prohibition against waving snacks in front of 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.

Carrie is on vacation. This column was originally published Nov. 20, 2008.

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.

Archery with Lighted Arrow Nocks

Archery pro, Keli Van Cleave

There are no prohibitions against using lighted nocks so long as they don’t emit a directional beam of light. (Archery Pro Keli Van Cleave)

Question: We are bow hunters and are wondering if there are any regulations against using lighted arrow nocks? They turn on when shot from your bow and stay on until you turn them off. They operate by a small lithium battery and will stay on for many hours if needed. The light makes it easier to follow the path of the arrow once released and will stay on until retrieved from the animal or wherever it ends up. (Joe G., Grass Valley)

Answer: There are no prohibitions against using lighted nocks so long as they don’t emit a directional beam of light. “Notwithstanding the general prohibition of the use of lights in Fish and Game Code section 2005, arrows or crossbow bolts with lighted nocks that do not emit a directional beam of light may be used” (California Code of Regulations, Title 14, section 354(d)). A nock is the slotted portion at the back of the arrow that sits against the bow string and holds the arrow in place until the archer is released.


Fishing with multiple rods in Tomales Bay
Question: In ocean and/or bays, such as Tomales Bay by Lawson’s Landing, is a second rod stamp required? Is a second rod stamp required to catch California halibut with multiple rods in Tomales Bay? (John C., Roseville)

Answer: A second rod stamp is not required to fish with multiple rods in Tomales Bay. A second rod stamp only applies to inland waters defined under CCR Title 14, section 1.53. Restrictions on gear in the ocean pertain to certain areas such as San Francisco Bay and certain species such as groundfish and salmon.


Legal to mount waterfowl to give away?
Question: I was given a few ducks and geese by a hunter in Fresno. These ducks have tags and the hunter provided me with an affidavit stating they were gifted. I don’t have time to mount these anymore. Can I give them away for free since I don’t have a federal permit? Also, I have a few ducks that I mounted for myself but would now like to part with them. Can I give them away for free as well? (Christina T.)

Answer: Yes. And for the gifted ducks and geese, once you are ready to give them away to someone else, you will also need to pass along any paperwork you received with them to the person you are passing the ducks and geese along to (Code of Federal Regulations Title 50, Part 20, sections 20.36-20.40).


How to check a fishing guide has all licenses and insurance?
Question: I’m thinking of hiring a fishing guide for a trip. How can I check to make sure he has all the necessary licenses and insurance? (Barry N.)

Answer: To see if the guide is licensed and in good standing through the California Department of Fish and Wildlife (CDFW), please go to http://www.wildlife.ca.gov/licensing/guide and click on the licensed hunting and fishing guides link. This will provide you with the names of individuals with a valid California Fishing Guide license. The license authorizes them to guide their fishing clients for money or compensation, but will not confirm that they carry insurance or any other credentials. Your best bet will be to ask around about their reputations at a local fishing or sporting goods store or get a referral from past clients. You should also ask the prospective guide to show you proof that they carry insurance and/or any other credentials.


Hoop netting with winch
Question: I have a simple question about recreational hoop netting. Can I use an electrical device like an “Ace Hauler” to aid in the retrieval of my hoop nets? It uses an electrical motor to aid in the work. You just wrap the rope around the wheel and pull. The motor does most of the work. If this is legal, are there any restrictions on the use of such a device? (Karl P.)

Answer: There are no regulations prohibiting the use of manual winches by sportfishers to assist in pulling crab traps or hoop nets. Use of power-driven winches is prohibited north of Point Arguello, but there is an exception for handling crab traps or nets (see CCR Title 14, section 28.70).

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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.