Category Archives: Lobsters

California Camp Meat Act?

(Photo from Creative Commons)

Question: I wonder if you could settle the subject of a discussion. Recently, I mentioned in camp that it was legal in California to kill “camp meat” under certain prescribed rules. For instance, if there were 10 men in camp for 11 days or more (perhaps 11 men, 10 days), then they could kill any one deer for “camp meat.” Such meat must be prepared and consumed in camp and no meat could be removed from the camp’s vicinity. All of my friends flatly stated no such law existed, or ever had.

I am almost certain that such a law was in effect up until at least the 1970s, dating back to the late 1800s. Could you tell me the current standing of said act, correct wording, whether or not it is still in effect, or when rescinded, if it ever was? (Tom W., SoCal)

Answer: We checked Fish and Game Code books from the 1930s, 1940s and 1950s, and they all require a tag when taking deer in California. We couldn’t find any reference to “camp meat” or the ability to kill deer strictly for camp meat purposes. In California, at least, we believe this law never existed.


Lobster limits with a multi-day permit?
Question: What’s the total number of lobsters a recreational fisherman is allowed to possess? A friend contends that with a three-day multi-day permit purchased from the California Department of Fish and Wildlife (CDFW) that the limit is 21 lobsters (three days times seven lobsters). My understanding from reading the regs is that it is never to exceed seven legal-sized lobsters. If so, why do they sell a multi-day permit? (Bill P.)

Answer: Multi-day permits may be issued to fishermen who will be away from the mainland continuously for three or more consecutive days, including a minimum period of 12 hours or more at sea on the first and last days of the trip (California Code of Regulations Title 14, section 27.15). In addition, the permit prohibits berthing or docking within five miles of the mainland shore. The usual lobster bag limit is seven lobsters per person unless the person has secured a multi-day permit prior to their trip. Daily bag limits always apply for these trips. With this permit, if the person is away from the mainland at sea for at least three days, they can take and keep up to three days of lobster bag limits (3 x 7 = 21) like your friend said. The person may then retain those 21 lobsters in their possession but should keep the approved permit with those lobsters until at least two of the bag limits (14) are consumed or gifted.


Why fish Dungeness crabs at 200 feet?
Question: Why in Monterey Bay must we set pots at 200 feet or deeper to catch crab? (Rick B.)

Answer: There are no regulations requiring you to fish your pots at a certain depth, you’ll just need to figure out what that best depth is. Adult, legal-size Dungeness crabs are often found in deeper water. You should check with other crabbers to see what depths they are finding success in. It changes all the time. I just spoke to a commercial crabber this weekend and he’s fishing his traps from 150 to 500 feet.


Live marine rocks for home aquarium?
Question: Is it legal to take any marine life or rocks from the California coastline for use in an in-home aquarium? (James H.)

Answer: Finfish may not be transported alive from the water where taken, except under the authority of a scientific collecting permit or a marine aquaria collector’s permit. The removal of “live rocks” (rocks with living marine organisms attached) is also prohibited in many areas, including federal marine sanctuaries, state marine protected areas and state parks. Also, only the following tidal invertebrates may be taken in any tidepool, where not otherwise prohibited: red abalone, limpets, moon snails, turban snails, chiones, clams, cockles, mussels, rock scallops, native oysters, octopuses, squid, crabs, lobsters, shrimp, sand dollars, sea urchins and worms (except that no worms may be taken in any mussel bed). All legal size limits and possession limits must be followed and a fishing license must be in possession in order to take. All other tidal invertebrates may only be taken outside 1,000 feet seaward from the high tide mark.

Please note that most of the smaller rocks exposed and surrounded by water above mean high tide are within the California Coastal National Monument – where all objects, including rocks, are protected and it is prohibited to collect or remove them or organisms on 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.

Cow Decoy for Big Game and Turkey Hunting?

cow-decoy1

(Photo courtesy of Ultimate Predator Gear)

Question: There is a manufacturer of decoys that attach to the front of a bow gun for hunting big game and turkeys. They are similar to the Montana style decoys but with a frontal profile blocking the hunter’s profile wcow-decoy2hile he aims and shoots through the large center hole. The decoys come in the frontal shape of a bovine cow, a turkey, a cow elk, a mule deer and others. Can I use the bovine cow decoy while bow hunting big game such as deer and wild pigs in California? I have heard of great success with this decoy in other states. Also, can the same decoy be used for turkeys? The cow decoy seems to be a much safer alternative for the hunter to avoid being mistaken for game. (Leo H.)

Answer: There are no regulations regarding the use of decoys for big game hunting. However, it is “unlawful to use any mammal (except a dog) or an imitation of a mammal as a blind in approaching or taking game birds” (Fish and Game Code, section 3502).


Stopping crab trap raiders and thieves?
Question: What, if anything, can a recreational crabber do to detect, prevent and/or suppress others from raiding and stealing their crabs during crab season? Not only have I had crabs and crab nets stolen (Bodega Bay area), but thieves have gone so far as to replace a catch with things like rocks and beer bottles? Realizing some of my traps may be unintentionally (some possibly intentionally) cut by vessels traveling at sea, is there anything else one can do? Even with my GO ID number properly marked, California Department of Fish and Wildlife (CDFW) wardens are hard-pressed to enforce applicable laws. I’m thinking of developing an alarm of some sort via microchip to detect changes in depth after they’re set. Do you have any other ideas? (Derek B.)

Answer: Unfortunately, there isn’t a lot we can do in this situation. If you are using hoop nets, they must be checked every two hours or less. So crabbing should be a closely monitored activity, which should help alleviate this problem. You may also want to talk with other crabbers and make arrangements to keep an eye on each other’s traps while out on the water. Otherwise, set your traps when you are planning to be on the water and then fish for other species while your traps are soaking.


Is shooting biodegradable clays still littering?
Question: In a recent column you addressed a question of shooting clay birds being thrown into the ocean. Not sure I like that idea, but that isn’t the issue I have. ALL clay birds today are made of non-toxic, biodegradable material. I love shooting clays and get tired of people who don’t shoot assuming I am “littering” the landscape. Can you please let the public know there is nothing to worry about when it comes to clay birds sold in the stores today? (Linda K.)

Answer: Target shooting and shooting clay pigeons are some of my favorite pastimes. While the clays are supposed to be biodegradable, they break down at different rates depending on the brand. I think the issue is more one of people leaving all of the discards in the fields or areas where they have been used. I think the real issue is even though they may break down eventually, they will still litter the landscape and be viewed as litter when left in public areas. If you’re shooting these on your own property or at a designated shooting range, it’s your choice to leave them where they fall. However, for me, we do much of our shooting on my brother’s property, and although the land is not open to the public, we still pick up everything that we can easily find afterward as a common courtesy, especially since they are all easily seen due to their bright white, orange and lime green colors. Same thing goes for spent shotgun shells. Those don’t break down and will be visible for a long time if left behind.


Maximum lobster hoops?
Question: I know the maximum number of hoop nets that can be fished from a boat is 10. We take a couple of multi-day trips every year and invariably lose one or two during the trip. Can we carry a couple of spares on the boat to replace any we lose? (Larry H.)

Answer: No, unfortunately, you may not. No more than five hoop nets may be possessed or used by a person, not to exceed a total of 10 hoop nets possessed per vessel (CCR Title14, section 29.80(b)).

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

Why Not a Split Season for California Waterfowl?

Mallard drake (USFWS photo)

Mallard drake (USFWS photo)

Question: Global warming and climate change seem to have seriously affected waterfowl migration patterns. Last year we saw the effects exacerbated as birds delayed migrations from summer nesting grounds until late into the year. So, why do we ignore this change in California and persist in starting our waterfowl season so early in the year? My native state of Texas pushed its waterfowl season opener back into early November. Baja Mexico, just a stone’s throw south of us, has a waterfowl season that runs later and doesn’t close until the end of February. And further south in the Mexican states of Sonora and Sinaloa, the seasons run as late as March.

How about considering a split season? One option our extremely elongated state could employ would be to open waterfowl season in the northern part of the state a month before the southern part of the state. Another option could be to have an early season for a couple of weeks, separated by a two to three week break, and then a late season that runs to the end of February. Other states have split seasons, just like we do for doves in California. This last season’s start and finish dates did not track our modern day weather patterns or the flights of birds. It is time to change the hunting season to match the change in our climate. What will it take to implement such a change? (James P. Hill, San Diego)

Answer: It is difficult to determine the exact cause of delayed migrations for some species or populations. According to California Department of Fish and Wildlife (CDFW) Senior Waterfowl Program Manager Melanie Weaver, California historically has started waterfowl seasons in October to accommodate the early arrival of some duck species, like pintail, that arrive in late August. The peak concentrations do occur from mid-December to January or so, much of that having to do with stormy weather pushing birds further south. Additionally, habitat conditions tend to be more favorable and abundant in northern California, so there is incentive to stay put.

As far as season timing, federal regulations do not allow hunting of most migratory game birds past the last Sunday in January. Currently, we are in what is called the liberal regulations package for all four flyways. This allows California (Pacific Flyway) 107 days while Texas (Central Flyway) is allowed 74 days. California is allowed a longer season and higher bag limits because we have far fewer hunters than the other flyways (this equates to less harvest). CDFW could recommend that the season open in November or later but that would reduce the season length. CDFW has overwhelmingly heard that hunters value a longer season as that allows the greatest opportunity to get out. To be able to hunt past the last Sunday in January would require a change in the federal regulations.


Fishing for cuttlefish?
Question: Can you please tell me if recreational cuttlefish fishing is allowed in Los Angeles County? I am interested specifically in Santa Monica Bay from Playa Vista all the way down to Redondo Beach? (Karim B.)

Answer: Cuttlefish (a cephalopod closely related to squid and octopus) are seldom seen in cool California waters, so it’s unlikely you will encounter them here, thus we have no fishing regulations for them.


Possession of lead shotshell when hunting predators?
Question: Because I am near the state line and often hunt out-of-state, I keep lead ammo in my truck. Is this breaking the law? I understand that it’s against California law to have lead in the field. (Anonymous)

Answer: “It is unlawful to possess any projectile containing lead in excess of the amount allowed … and a firearm capable of firing the projectile while taking or attempting to take wildlife” (California Code of Regulations Title 14, section 250.1). If you are hunting from your vehicle in an area or for a species that requires the use of nonlead ammunition, leave your lead ammunition at home.


Lobster fishing in Santa Monica Bay
Question: Is there a restricted season for taking lobster in Santa Monica Bay? Appreciate any information and rules or regulations you can supply, if there are any. (Danny B.)

Answer: Yes, there is a restricted recreational lobster season in Southern California, not just in Santa Monica Bay. Lobster season is underway now — it always begins the Saturday preceding the first Wednesday in October and ends the first Wednesday after the 15th of March. But commercial take of lobster is always unlawful in Santa Monica Bay.

Some marine protected areas (MPAs) do not permit the take of lobster. There are no MPAs within Santa Monica Bay, but there are some immediately to the north and south of the Bay. You can find MPA regulation information in the regulations booklet, and in greater depth at http://www.wildlife.ca.gov/fishing/ocean/regulations/fishing-map/southern.

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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.

Scuba Diving through MPAs with Lobsters in Possession

California spiny lobster (CDFW photo by Derek Stein)

California spiny lobster (CDFW photo by Derek Stein)

Question: If a scuba diver legally enters an area for lobster, proceeds to catch lobster in that area but then is unable to exit the water safely, could they surface swim through a Marine Protected Area (MPA) zone with their catch and exit legally? (Tom)

Answer: Yes, the diver can swim through but should make sure they are clearly not actively hunting for lobsters. For example, if when kicking in on the surface and are right in close to the rocks, they then stop and shine their lights into holes or reach into holes, they may appear to be hunting for lobsters. If they have lobsters in their possession and a warden determines they are attempting to hunt, pursue, catch, capture or kill any lobster, they may be issued a citation for fishing in an MPA.

“Spear fishermen with or without catch shall be allowed to transit through MPAs and MMAs. While transiting MPAs and MMAs that prohibit spearfishing or while in possession of species not identified as allowed for take in the MPA or MMA being transited, spearfishing gear shall be in an unloaded condition, not carried in hand, and the diver shall remain at the surface” (California Code of Regulations Title 14, section 632(a)(8)).


Hunting with an Atlatl (spear thrower)?
Question: Is it legal to use an Atlatl, or spear thrower, to hunt game animals in California? If it is legal, what are the regulations for their use? (Charlie)

Answer: No, a spear thrower is not legal to use. Only methods defined in the 2016-2017 California Mammal Hunting Regulations booklet for the take of small game (CCR Title 14, section 311, on page 26) and for big game (CCR Title 14, section 353, beginning on page 27) may be used.


Personal limits vs boat limits?
Question: When on a boat with a group of fishermen, does the bag limit apply to the boat (as I believe I’ve read in the statutes and have seen on party boats) or does it mean that anyone catching their limit must stop fishing altogether?

I ask because we were ordered off the water when some wardens told us one of our friends could no longer be out there with us since his gear was still in the boat and he was considered to still be fishing. He was the only one with a limit.

Also, since fresh and saltwater regulations are slightly different, where in your regs are the lines of demarcation for San Francisco Bay? (Jerry Z.)

Answer: Boat limits apply to anyone fishing aboard a boat in ocean waters off California or in the San Francisco Bay (CCR Title 14, section 27.60(c)). Boat limits allow fishing by all licensed persons aboard until boat limits of finfish are taken and possessed aboard the vessel. Boat limits do not apply to sturgeon, shellfish or when fishing in inland waters.

“The San Francisco Bay is the waters of San Francisco and San Pablo bays, plus all their tidal bays, sloughs, estuaries and tidal portions of their rivers and streams between the Golden Gate Bridge and the west Carquinez Bridge. For purposes of this section, waters downstream of the Trancas Bridge on the Napa River, downstream of Highway 121 Bridge on Sonoma Creek and downstream of the Payran Street Bridge on the Petaluma River are tidal portions of the Napa River, Sonoma Creek and Petaluma River, respectively” (CCR Title 14, section 27.00).

“Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco Bay and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville” (CCR Title 14, section 1.53).

When fishing in inland waters, bag limits apply to each individual angler and not to the boat as a whole.


Bear skin rug and Alaskan whale bone carving for sale
Question: I have a bear skin rug, along with the head, that was the property of my mother-in-law. We also have a whale bone carving from an Alaskan artist. These are not things we wish to hold on to. Is there any way to sell these items in another state (outside of California) even though we live in California? What are the other options? (Kathy S.)

Answer: Regarding your bear skin rug, it is “unlawful to sell or purchase, or possess for sale, the meat, skin, hide, teeth, claws or other parts of any bear in this state (Fish and Game Code, section 4758). And as far as the whale bone carving, “it is unlawful to sell or purchase a bird or mammal found in the wild in California” (FGC, section 3039). So, if your carving comes from a whale that occurs in California waters, it may not be sold in the state. While neither of these laws apply to transactions taking place entirely outside of California, you are encouraged to consult the U.S. Fish and Wildlife Service to determine if any federal laws may apply.

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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.

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