Category Archives: Lobsters

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 251.1). 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). 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)). (442)

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

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 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

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:

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

When Bullies Intentionally Harm Wildlife


If while driving you encounter geese or other wildlife crossing the road, give them the right-of-way or risk a fine of $1,000 and six months in jail. (USFWS photo)

Question: I live in an over-55 community in Rio Vista. There are wild turkeys here and Canada geese, which many of us love. Last month someone deliberately ran into turkeys crossing a road to go to their roosting trees. A man who went out every evening to watch them “fly up” saw a car actually speed up to hit them. The driver floored the accelerator and plowed into them instead of slowing down to let them pass. Six were killed. The California Department of Fish and Wildlife (CDFW) was called, and presumably never caught the guy.

A few days ago a golfer in a golf cart plowed into a bunch of geese crossing the golf path. He hit and injured one. The golfer didn’t stop. A woman walking her dog saw it happen and confronted the golfer who said, “Well, the geese shouldn’t be crossing the path.” Yesterday on a main road outside the community a turkey and babies were crossing; eyewitnesses said that instead of slowing down, a car sped up and killed at least the parent.

Many people here are very upset by bullies in vehicles intentionally killing innocent animals. I am making a flier that will go to people on the Nextdoor community email. I want to tell what the legality is about deliberately killing a wild turkey or Canada goose and what the possible consequences might be. I can’t seem to find a clear answer yet and was hoping you could help. (Judith A.)

Answer: Scenarios like you are describing are very disturbing and constitute several violations. The use of a vehicle to take turkeys or geese violates the law because vehicles are not a lawful method of take (California Code of Regulations Title 14, sections 311 (Upland Game/Turkey) and 507 (Migratory Birds/Geese)). Pursuing, driving, herding or taking any bird or mammal from any type of motor-driven vehicle is also prohibited (CCR Title 14, section 251). In addition, no person shall harass, herd or drive any game or non-game birds (CCR Title 14, section 251.1). Violations of Fish and Game Code and Title 14 regulations such as these are generally punishable as misdemeanors, with fines of up to $1,000 and six months in jail (see FGC, section 12002 (a)).

Hopefully, you will not encounter these types of situations again, but if you do try to collect as many details as you can including vehicle type, license plate number, date and time. Then call the 24-hour CalTIP hotline at (888) 334-2258 or send an anonymous text to 847411 (tip411). In the message, text CALTIP followed by a space and then the information. You can even send photos. Remember, you can remain anonymous and may receive an award for your efforts.

How to find “What’s Open and What’s Closed” in ocean waters?
Question: I’ve spent hours on the CDFW website trying to find the season and take limits for halibut. Can you please tell me if you know the answer? (Richard G., Redondo Beach)

Answer: Yes! And next time you have a question like this, here’s the first and best place to check: This is a great resource, so please bookmark this page! You will find a clickable map of California here. Just click on the portion of the state (along the coast) where you’d like to fish and a list will pop up of exactly what’s open and what’s closed in that area. Then, if you click on the species you’re interested in, you will be provided with the basic fishing regulations and requirements for that species.

In your case, since you are from Redondo Beach and are wondering about California halibut, just click on that location and you will find the following information will immediately pop up:

  • California halibut: The recreational fishery for California halibut (Paralichthys californicus) remains open year-round. The daily bag and possession limit is five fish south of Point Sur, Monterey County. The minimum size limit is 22 inches total length.

In addition, if you click on “California halibut” in this reference, you will find a hot link that will take you to an informational page that will provide you with additional life history information and interesting facts about this species. The same is offered for most every other fish species that you will find included on this clickable map. We always keep this site current and up-to-date, so you can count on that!

How do hunters deal with fleas and ticks?
Question: I’m not a hunter but am wondering if there is a concern for hunters having to deal with fleas and/or ticks jumping off a cooling carcass when field dressing the animal? (Kelly B., Los Angeles)

Answer: Many animals have fleas and ticks and hunters are encouraged to protect themselves from bites by using appropriate sprays or products to reduce the chance of bites and diseases like Lyme disease.

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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

Do Lost Crippled Birds Count Toward Bag Limit?

Ethical hunters will make every attempt to find a downed bird and count it to their bag whether they find it or not. (USFWS photo)

Ethical hunters will make every attempt to find a downed bird and count it to their bag whether they find it or not. (USFWS photo)

Question: I was informed that a downed crippled bird that was not recovered, even though a true effort was made to find the downed bird, still counts toward your bag limit. Where is this stated in the regulations? (Aaron W.)

Answer: It is not in regulation. It is an ethical hunter issue. Ethical hunters will make every attempt to find a downed bird. Even if that bird is never located but the hunter knows it was hit, the ethical hunter will still count it towards their bag limit. Ethical hunters do what is right even when they think no one’s looking.

Fishing and retrieving lobster hoop nets
Question: I understand that each person that drops a hoop net must be the same person that retrieves it. How do you monitor this? If we have four people in the boat and 10 nets, are we supposed to somehow mark each net to distinguish whose is whose? (Bill J.)

Answer: The law states that the owner of the hoop net or the 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.

The intent of this law is to require a minimum checking interval of every two hours at least by whoever placed the net in the water and not to cite somebody for pulling up their buddy’s net. Wildlife officers understand if you are working together as a team, but any net placed into the water is your responsibility to raise and inspect every two hours. Depending on someone else to do that for you may result in you receiving a citation if they fail to comply with this requirement.

Yo-yo fishing
Question: I know jug fishing, yo-yo fishing and the use of trotlines with 20+ hooks per line are the norm in the South. I am interested in yo-yo fishing in California for catfish and possibly trying a two-jug trotline with 10 to 12 hooks on the line to catch catfish. My question is: In California, are private (non-commercial) fishermen limited to fish with just one line with three hooks max? In reading the regs, it seems that an extra pole endorsement is just that, for an extra pole, not an extra line. (Mark H., San Bruno)

In regard to yo-yo fishing and trotline fishing, here is an article from 2007 Outdoor Life:

Answer: You must closely attend your lines at all times and you are limited to two lines with a maximum of three hooks on each line with a two-pole stamp. Otherwise, you must use a single line with three hooks maximum when fishing bait, or three lures per line which could each have three hooks. It is illegal to allow lines to simply fish themselves while attached to a float. For a similar previous question and answer, please go to:

Hunting around Lake Shasta
Question: I have a few questions about hunting in northern California by Lake Shasta. I want to go there to hunt for pig and turkey at the same time when the season reopens. Am I allowed to carry ammo for pig and turkey on me at the same time as long as it is all lead-free? Also, I heard something about a limit on how much ammo may be carried on you at one time? I’m not looking to carry hundreds of rounds but did want to have a spare box plus my clips on me. (Kevin F.)

Answer: Yes, it would be legal to hunt pigs and turkeys simultaneously as long as any shotgun shells for pigs are slugs and not shot. A hunter who possesses shot size larger than No. 2 could be cited while turkey hunting, but the regulation limiting shot size that may be possessed when taking turkey does not address slugs.

Methods authorized for taking big game (wild pig) include shotgun slugs, rifle bullets, pistol and revolver bullets, bow and arrow and crossbow (2015-2016 Mammal Hunting Regulation booklet, page 27, section 353).

Methods of take for resident small game (wild turkey) are shotguns 10 gauge or smaller. Shotgun shells may not be used or possessed that contain shot size larger than No. BB, except that shot size larger than No. 2 may not be used or possessed when taking wild turkey (California Code of Regulations Title 14, section 311(b)).

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

Keeping Homes Inhospitable to Nuisance Raccoons

Raccoons are illegal to keep as house pets (USFWS photo)

To prevent raccoons and other nuisance wildlife from taking up residence in and around your house and yard, your best course of action is to concentrate on making your house and yard inhospitable (USFWS photo)

Question: Raccoons come up through the culverts in our neighborhood and are causing a lot of trouble. Last year, there was one that tore a vent off our house and got in the subfloor and tore up our ducts under there. This year one of them attacked my dog in our back yard. The vet bill was very expensive. Can I trap them in live traps and have animal control euthanize them for me? (Kathy C.)

Answer: You can trap them but Animal Control may not want to euthanize them for you. Your best course of action is to concentrate on making your house and yard inhospitable. Bolster up your exterior vents and doors to prevent raccoons and other unwanted wildlife from moving in to use for cover. This also means remove all attractants (dog food, fallen fruit, koi ponds, water fountains, etc.). Even water can be an attractant, especially this year. If you do all of this but continue to have a problem, the law allows that it is legal to kill raccoons at any time when they are causing damage.

Some excellent additional information is available online from the UC Integrated Pest Management Program at

Measuring short lobsters without bringing them onboard
Question: When hoop netting for lobsters from a boat, how are we supposed to bring the nets to the surface and accurately measure the lobsters without pulling the hoop nets onboard? The law states that it is illegal to bring any undersized lobster onboard any vessel, but it is virtually impossible to measure them while hanging over the side of the boat, especially when it’s dark, there’s a swell in the ocean and the boat is bobbing up and down. I’m asking because recently a friend of mine was cited for bringing up his net and placing it on the deck of his boat so he could measure his catch. Can you please clarify this? (Miguel Z.)

Answer: Lobsters cannot be brought onboard boats or kayaks for measuring and must instead be measured at the waterline. Pull up the hoop net, step on the line and lean over and measure it … though I know, easier said than done in the dark and in rough seas.

California spiny lobsters must measure a minimum of three and one-fourth inches along a straight line on the mid-line of the back from the rear edge of the eye socket to the rear edge of the body shell. Lobsters may be brought to the surface for the purpose of measuring, but no undersize lobster may be brought aboard any boat and retained. All must be measured immediately upon being brought to the surface. Any undersize lobster must be released immediately into the water. In addition, spiny lobsters shall be kept in a whole, measurable condition, until being prepared for immediate consumption (California Code of Regulations Title 14, section 29.90).

Transporting migratory game birds
Question: I know the rules state that while bird hunting you must leave a fully feathered wing intact until you get home. When I get back to my trailer at camp (which is considered my second home), can I remove the wings, vacuum seal the bird and freeze it, or do I have to wait until I actually get to my primary home? (Rob D.)

Answer: All birds, including migratory game birds, possessed or transported within California must have a fully feathered wing or head attached until placed into a personal abode or commercial preservation facility or until prepared for immediate consumption. Doves must have a fully feathered wing attached (CCR Title 14, section 251.7(b)).

Waterfowl and other migratory birds that are going to be transported anywhere must have a fully feathered wing or head attached (except for doves, which must have a wing attached). A trailer in camp is not your “abode.”

Selling mounted trophies
Question: I received a collection of museum-quality African game trophies in a divorce settlement and would like to sell them. I recently moved to California but the mounts are still in Alaska. They are not animals that exist in California. Can I sell them on eBay? I want to unload these animals legally. I have read the statutes. I need to know if I can work with someone in Fish and Game, show them the collection, and get their advice. Alaska Fish and Game already gave me an email saying they could be moved to California and sold. (Mary Jane S., Sacramento)

Answer: You should contact the U.S. Fish and Wildlife Service about any mounts that you would like to import to California and sell. The sale of birds or mammals found in the wild in California is prohibited by Fish and Game Code, section 3039. In addition, California Penal Code, section 653o prohibits the importation for commercial purposes, sale and possession with intent to sell a number of African wildlife species that may be in your collection.

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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

Diving and Spearfishing without a Fishing License

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Question: I live within 500 yards of the point of entry where I go spearfishing. Does that mean that, according to section 7145, I can just keep my fishing license and lobster report cards at home since they’re within the 500-yard limit? I’m about 200 yards or so from the reef where I dive. (Raf C.)

Answer: Lucky you! When fishing and/or taking lobster, you are required to have your license and spiny lobster report card on your person or in your immediate possession. If diving from a boat, they may be kept in the boat, or if diving from shore, they may be kept within 500 yards of the shore (Fish and Game Code, section 7145(a)). In your case, if your license and report card are located 200 yards from shore (where you enter the water), then you’re OK. Don’t forget that prior to your dive you need to record the month, day, location and gear code on the report card. And when you return, you will have to fill in the number of lobster you kept from that location.

Hunting blinds on public property
Question: I am a hunter myself and while walking on a closed road recently, I noticed someone had built a hunting blind about 25-30 yards off the road with tarps, boards and sticks from the surrounding woods. Can a person legally build a hunting blind in the woods on public hunting grounds and then continue to fix it up to use each year? And if that blind is vacant and not being used, can the person who built the blind claim it as his own or is it first come first serve? (Anonymous)

Answer: It is not legal for someone to build a structure and then leave it on public land. That could be considered littering as well as destruction of public property if public resources are damaged in the process. Thus, your follow up question about whether the blind builder can claim ownership is a moot point.

Abalone diving with homemade snorkel
Question: I made my own snorkel using a flexible hose that is about five feet long. No air supplying motor or any device is attached to it. It’s just a long flexible hose with a check valve in it. If I use it while abalone diving, would I be in violation of any regulations? I am aware of the regulation prohibiting the use of SCUBA gear or surface-supplied air. (Chris L.)

Answer: Although this would be legal, using this type of snorkel would be very dangerous because you must be able to displace used air in your snorkel. You could be seriously harmed from breathing from a long snorkel because the air volume in the snorkel makes it difficult to displace exhaled air. Rebreathing used air can cause death or great bodily harm to a diver. This is why you do not see longer snorkels sold by dive shops.

Fishing in isolated ponds
Question: As our creeks dry up, ponds are formed, with some of them at the road culverts. Is it legal to fish these ponds with a pole, by hand or a dip net? (Jeanne G., Portola)

Answer: In intermittent streams like you describe, what appear to be ponds are actually isolated pools. Although not apparent during the dry season, water may still be flowing, out of sight, under the streambed surface. This is often called “intragravel flow.” Because a creek is still a stream and not actually a pond or lake, the same regulations for the stream will still apply. Fish can only be taken from these waters under the regulations currently applicable for that stream, including seasons, limits, methods of take, etc. To view the current sport fishing regulations for inland waters, please go to or pick up a copy of the booklet wherever fishing licenses are sold.

Selling deer hides
Question: I’m a hide tanner and recently asked a butcher about getting deer hides from him. He was worried about giving them to me because he seemed to think that I would need to have a deer tag for every deer hide. Can you tell me what the legalities are concerning deer hides? I would like to make use of the hides that are being thrown away. Also, do you know of any deer hide sources for me? (David C.)

Answer: It is legal to buy and sell (or gift) lawfully taken deer hides (FGC, section 4303). The person receiving the hides is not required to have a hunting license or tag. However, it’s a good idea for both parties involved to keep records of the transactions to protect against false accusations that the hides were acquired illegally.

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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