Category Archives: Small game

Are Green Lobsters Safe to Eat?

(CDFW photo by Derek Stein)


Question: A buddy of mine got two lobsters in San Diego Bay right before the season closed. While he was cleaning them, he noticed green algae on their shells and then found the meat to be white, looking like it was already cooked. Both lobsters were still alive when detailing them. Have you heard any other stories like this? Would they have still been okay to cook and eat? (Ray C., San Diego)

Answer: When you find a lobster with algae on its shell (exoskeleton) it usually means it hasn’t molted in quite a while. This should be nothing to worry about, though. An animal getting ready to molt pulls salts out of its existing shell and creates a soft exoskeleton underneath that will expand with water and salts once the animal molts. Our best guess is that the old exoskeleton may have been overgrown and what your friend encountered (white, cooked-looking meat) could have been the new exoskeleton just under the old. As long as the animal was acting normally and was still alive before it was cooked, there was likely no problem with the meat.

One test seafood businesses use when cooking whole lobsters is whether they curl. The shell should turn to a darker red color and the tail tends to curl (not tightly, but it’s difficult to lay the animal flat). If there’s no curl, discard the animal.


Trapping opossums?
Question: My city neighbor is now renting a home and has taken it upon himself to trap local opossums and release them elsewhere. He says he is taking them to a county road (Dry Creek) but there is no way to verify this. We have lived in our home for 15 years and so we, along with our neighbors, are concerned. We have lived with the possums and raccoons for a lot of years without issues. This tenant intends to exterminate them. Is there anything we can do? (Tyler)

Answer: “All furbearing and nongame mammals that are legal to trap must be immediately euthanized or released” (California Code of Regulations Title 14, section 465.5(g)(1)). So it is not legal to transport opossums elsewhere for release. Possums should not be “relocated” from where they were trapped for many reasons, the most important being to prevent the spread of disease, and immediately releasing the opossums would not take care of the “pest” problem that your neighbor probably wants to solve. There are other options that you could inform your neighbor about though. “Keep me Wild” is a campaign that strives to limit conflicts between wild animals and humans. More information about how your neighbor can avoid problems with opossums may be found at the Keep Me Wild website.


Python skins to make leather goods?
Question: I’m a fashion designer located in New Jersey and I am looking to move my business to California. I’ve heard and read things about Python skin being illegal in California. I was looking for more information on this and whether this is 100 percent true? I currently make leather goods, but with exotic skins. (Michael S.)

Answer: Pythons are on the list of animals, or parts or products thereof, that are illegal to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state (see California Penal Code, section 653o.) Prohibited species include: polar bears, leopards, ocelots, tigers, cheetahs, jaguars, sable antelope, wolves (Canis lupus), zebras, whales, cobras, pythons, sea turtles, colobus monkeys, kangaroos, vicunas, sea otters, free-roaming feral horses, dolphins or porpoises (Delphinidae), Spanish lynxes or elephants.


Fishing with kids and friends
Question: I am taking my daughter and a couple of friends and their dads on our boat this weekend. The girls are all under 16. I have a license but do all of the dads need them, too? Or, can I be the only adult angler? (Eric N.)

Answer: As long as the non-licensed adults on the boat do not assist in any way with fishing, they do not need to have a sport fishing license to ride along with you on your fishing trip. “Every person 16 years of age or older who takes any fish, reptile or amphibian for any purpose other than profit shall first obtain a valid license for that purpose and shall have that license on his or her person or in his or her immediate possession or where otherwise specifically required by law or regulation to be kept when engaged in carrying out any activity authorized by the license” (Fish and Game Code, section 7145).

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

When to Use a Crossbow?

Crossbows are normally not considered legal "archery" equipment for taking game birds and game mammals during archery-only season. However, there is an exception for those who hold a Disabled Archer Permit. (Photo courtesy of Parker Bows)

Crossbows are not considered legal “archery” equipment and cannot be used during the archery-only seasons for game birds and mammals unless the hunter possesses a valid disabled archer permit. Crossbows can be used during the open seasons for wild turkey hunting (Photo courtesy of Parker Bows)

Question: With turkey season coming up soon and deer season right around the corner, can you please clarify when crossbows may be used for hunting big game and turkeys in California? As I understand it, you can use a crossbow instead of a rifle during rifle season. Is this correct? Can we use crossbows for taking wild turkeys? (Jesse J.)

Answer: It is important to understand that a crossbow is not considered archery equipment. Crossbows cannot be used during the archery seasons for game mammals or game birds unless the hunter possesses a valid disabled archer permit.

Crossbows may be used during the general seasons for deer, pig and game birds. For big game, hunters must use a broad head which will not pass through a hole seven-eighths of an inch in diameter (California Code of Regulation Title 14, section 354)). For wild turkeys, any arrow or crossbow bolt may be used except as prohibited by CCR Title 14, section 354(d) – which addresses explosive or tranquilizing arrowheads.

For additional information regarding archery equipment and crossbow regulations, please check the California Code of Regulations Title 14, section 354. Good luck!


Revamping crab traps with five inch minimum openings?
Question: I have a question on the Dungeness crab regulations. There’s a new requirement this season that crab traps must have a destruct device with an unobstructed opening that is at least five inches in diameter. The regulations also describe ways to meet the requirement using cotton twine with rubber straps. I don’t keep my crab traps more than a few hours in the water. My existing crab traps already have two circular openings that are 4.5 inches in diameter.

Can I simply add one more circular metal/plastic ring, with inside diameter more than five inches, on the top of the crab trap and NOT use the cotton twine method? Basically, I will have a five-inch opening at all times, regardless of whether I lose my gear (crab trap) or not. (Chin D.)

Answer: “Starting Aug. 1, 2016, crab traps shall contain at least one destruct device of a single strand of untreated cotton twine size No. 120 or less that creates an unobstructed escape opening in the top or upper half of the trap of at least five inches in diameter when the destruct attachment material corrodes or fails” (CCR Title 14, section 29.80(c)(2)).

An opening over five inches would satisfy this requirement as long as the permanent opening in the trap is in the upper half of the trap and it provides the same or greater escape dimensions that would be created when or if a self-destruct cotton failed. A trap set with the destruct material in the failed state (i.e. with no destruct material), would satisfy this requirement.


Shooting gophers and ground squirrels on private land?
Question: Do I need a hunting license to shoot gophers and ground squirrels on private land? (Anonymous)

Answer: Yes, if you are taking them for recreational purposes. Gophers and ground squirrels are nongame mammals and may be taken by licensed hunters. However, gophers and ground squirrels that are damaging growing crops or other property may be taken without a hunting license “by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant thereof” (Fish and Game Code, section 4152).


Collecting natural sea water for aquarium?
Question: I have a big saltwater reef aquarium in my home and would like to collect natural sea water for it. What is allowed with regard to collecting natural sea water to use in home aquariums? I live just outside the Sacramento area and am willing to drive north or south but before setting out, I want to know what the rules are or what laws must be followed. Are there any limits on where or how much I can collect? I scuba dive around Monterey a lot and know that most areas are protected and/or are designated reserves, so figured I should ask.

I apologize for the odd question. I’m just hoping to conserve freshwater by using natural saltwater, if it’s possible and makes sense. Initially, I’d like to collect around 300 gallons. Are there are any laws or restrictions that I should be aware of? (Scott F.)

Answer: No, only that collection of seawater is not prohibited as long as you do so outside of marine protected areas. For information and maps of all of the marine protected areas in the state, please check out the CDFW website.

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

Hoop Netting for Crabs off California Piers

Dungeness crab (DFG photo)

Dungeness crab (DFG photo)

Question: Is it legal to use hoop nets to catch crab off piers in California this time of the year? I thought that I read crab season runs through June. However, the hoop net is a net that people use for catching California spiny lobster too, so do I need the California Spiny Lobster Report Card even though I’m not fishing for lobster? I ask this because someone might think that I intend to fish for lobster if I am operating a hoop net.

Also, I have a fishing license I recently purchased for this year, but in general, does one need a license to operate a crab trap during crab season on a pier in California? (Trevor W.)

Answer: Dungeness are the only crabs with a closed season, and they are found mostly along the northern half of California’s coast. Dungeness crab season varies depending on location, so you should check the regulations once you know where you will be crabbing (see section 29.85 on page 51 of the 2016-2017 Ocean Sportfishing Regulations booklet).

The other crabs belonging to the Cancer genus (yellow crab, rock crab, red crab and slender crab) are found statewide and may be taken year round. You need a sport fishing license to take crab generally, but whenever you are fishing from a public fishing pier, a sport fishing license is not needed. You are limited to two fishing appliances on a public fishing pier, though (two nets, rods, lines, etc.).

As long as you immediately release any lobster that may wander into your net, you do not need a Spiny Lobster Report Card. This means you cannot keep them for any length of time. If you pull one up, it must go right back into the water.

Before taking crab, the California Department of Fish and Wildlife (CDFW) encourages you to check for any health advisories related to domoic acid by calling the California Department of Public Health at 1-800-553-4133.


Using artificial scents as fish attractants?
Question: Are you allowed to use artificial scents applied to lures such as fish oil-based products to attract fish in freshwater lakes of California? What’s the difference between bait and using scents that do not contain food to attract fish? (Dean H.)

Answer: Artificial scents may be applied to lures or baits except in areas with specific artificial lure restrictions. An artificial lure “does not include scented or flavored artificial baits” (California Code of Regulations Title 14, section 1.11). This means attractants may not be applied to the lure while fishing in waters restricted for artificial lure use only. It is very common to use fish oil products and or scents in many areas of the state.


Does a loaded Bandolier make an unloaded gun loaded?
Question: If a gun is unloaded but has a Bandolier attached to the stock containing loaded bullets/shells, is it actually considered to be a loaded gun? (Anonymous)

Answer: No. Loaded gun laws that apply to vehicles on roads open to the public have changed over the years, and there are differences between the Fish and Game Code and the Penal Code. Long guns are considered to be loaded pursuant to Fish and Game Code, section 2006 “when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.” Under the Penal Code, a firearm is also considered to be loaded if there is a round in the magazine that can be loaded into the firing chamber with the firearm’s action. A firearm with rounds in a holder attached to the stock would not be considered loaded under these standards.


Hunting small game with a .22 air rifle?
Question: What are the laws on hunting small game (doves, quail, etc.)? Do I need a hunting license to hunt small game? I live in the Bakersfield area and am wondering if I can hunt doves and quail with a .22 air rifle? (Arnold C.)

Answer: You will need a hunting license to hunt big and small game mammals as well as game birds. If you don’t yet have your license, you will need to take and successfully pass a Hunter Education course. You can find information about the courses, dates and locations of upcoming classes, and you may sign up for a class on our Hunter Education website.

Methods of take for resident small game include “air rifles powered by compressed air or gas and used with any caliber of pellet, except that wild turkey may only be taken with a pellet that is at least 0.177 caliber” (CCR Title 14, section 311(f)). Different methods of take are specified for migratory birds, such as doves. Air rifles or all other rifles are prohibited for the take of migratory birds (CCR Title 14, section 507).

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

Hunters Should Use Caution with Wild Rabbits

Hunters should use caution when field dressing wild rabbits.

Hunters should use caution when field dressing wild rabbits.

Question: I’d like to try some rabbit hunting but hear they may carry some kind of disease. Is this true? If so, is this anything to be concerned about and what precautions should I take? (Jeff J., Stockton)

Answer: You may be referring to “tularemia,” a bacterial disease that wild rabbits occasionally carry. According to the Centers for Disease Control and Prevention, “tularemia is a disease of animals and humans caused by the bacterium Francisella tularensis. Rabbits, hares and rodents are especially susceptible and often die in large numbers during outbreaks. Humans can become infected through several routes, including tick and deer fly bites, skin contact with infected animals and ingestion of contaminated water. Symptoms vary depending on the route of infection. Although tularemia can be life-threatening, most infections can be treated successfully with antibiotics.”

To be safe, hunters should take precautions by wearing latex gloves when field dressing their rabbits to minimize exposure to the disease. Be sure to properly cool the animal after field dressing it, and to always cook it thoroughly. Tularemia is named after the place where it was discovered – Tulare.


Booyah Boo Rig
Question: I would like to use a Booyah Boo Rig in coastal ocean waters and possibly for stripers in the Sacramento River. It has five places for flashers or grubs but only one will have a hook. The others are just attractants. Would this be ok? Here is a photo of it. (Dave K.)Booyah Rig

Answer: As long as the rig does not exceed the allowable number of hooks (which generally is three hooks or three lures with up to three hooks each for inland waters), it is legal.

Ocean regulations are less restrictive. Generally, any number of lines and hooks may be used but bear in mind that there are hook/line restrictions for some fish species in both inland and ocean waters, so you’d need to read the regulation for each specific species to know for sure.


Can boat owners be cited for their passengers’ fishing violations?
Question: I’m a small recreational boat owner (ocean fishing). If somebody on my boat violates any Fish and Wildlife laws (e.g. hook barb not completely removed for salmon fishing), am I liable in any way for this infraction? What are my legal “game law” responsibilities for my boat guests? (John S.)

Answer: In ocean waters, boat limits apply to all persons on board. “All persons aboard a vessel may be cited where violations involving boat limits are found, including, but not limited to the following violations: A-Overlimits: B-Possession of prohibited species: C-Violation of size limits: D-Fish taken out of season or in closed areas” (California Code of Regulations Title 14, section 27.60). If the issue is illegal gear, the officer will try to determine which person was using it.


Hunting for small game with pellet guns
Question:
I am 21 years old and am wondering if I need a license or any type of permit to carry an air rifle? Do I need a permit or license to hunt small game or for target shooting? To be honest, I don’t like real guns. I just want to go target shooting with my dad and maybe some hunting for small game with my friends. I plan to go camping this summer with some friends to celebrate my 22nd birthday. It would be great to know what the laws are regarding carrying and hunting with pellet guns. Can you please let me know? (Adeh M.)

Answer: You may use a pellet gun for target practice in areas where shooting is allowed. This includes gun ranges, some public lands (e.g. Forest Service or BLM), and private lands where you have permission to be. Many cities and counties do not prohibit the use of pellet guns but you should check in with the local sheriff’s department to be sure.

Resident small game mammals and birds may be taken with air rifles if you first obtain a California hunting license. In order to get a hunting license, you must first pass a Hunter Education course. Some species like upland game birds require an upland game bird validation on your license.

After obtaining a hunting license, you will need to become familiar with the laws and regulations pertaining to small game hunting. These regulations are contained in the current Waterfowl and Upland Game Hunting Regulation booklet. The regulations pertaining to the take of small game regulations begin on page 26. A summary of these regulations can also be found on our website.

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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.

How to Get to Shore when Boat Fishing is Closed?

Kayak fishing1

Kayak fishing (Creative Commons photo)

Question: I’m aware that during the non-boat rockfish season (i.e., winter/spring), anglers are required to either fish from shore or spearfish for these species. My question is in regard to whether using a boat to access an on-shore fishing spot is acceptable. Specifically, can I use my boat or kayak to reach a good shore fishing location, fish from shore and catch my fish, then get back in the boat for the ride home? I wouldn’t be fishing from the boat, but instead using it to transport me to my shore fishing location. Thanks for your help. (Rick R.)

Answer: No, I’m afraid you will need to strap on your hiking boots and walk in to your favorite fishing spots along the coast during the boat-based fishing closures. Arriving by boat would not be legal as each of the groundfish management areas have a specific section stating, “No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision.” Depending upon which groundfish management area you plan to fish in (Northern [27.25], Mendocino [27.30], San Francisco [27.35], Central [27.40] or Southern [27.45]), this regulation can be found under section (c)(3).


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

Answer: Processed foods, such as licorice, are legal under bait regulations for inland waters (found beginning in 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.


Are black mussels from Bodega Bay under quarantine, too?
Question: While we were fishing from the shore in Bodega Bay last weekend I noticed a lot of beautiful black mussels on the rocks. I believe the limit is 10 lbs/person but wanted to make sure it was the safe season to eat them. Are they under quarantine for domoic acid, too? Thank you for your help!!! (Ben L.)

Answer: You are correct that the limit is 10 pounds (in the shell) for California sea mussels and bay mussels in combination (CCR Title 14, section 29.55). Mussels are not currently under quarantine. The California Department of Public Health (CDPH) monitors for natural toxins that occur along the coast that may affect wild mussels. Mussels are regularly quarantined on an annual basis, usually from May through October, because mussels are a particularly high risk species because they have the ability to concentrate toxins very quickly. When dangerous levels of toxin are detected in mussels, CDPH will begin testing other shellfish species as well for these toxins, if samples are readily available. If samples are not easily obtained, or if toxin levels are increasing rapidly, CDPH will issue a press release announcing a special health advisory for the potentially toxic seafood species in the affected area.

To check for real time advisories, go to http://www.dfg.ca.gov/marine/healthadvisory.asp.To check for an advisory or quarantine in advance of any mussel-collecting trip, you can also call the CDPH Biotoxin Information Line at (800) 553-4133. For more information about the annual mussel quarantine, please visit the CDPH website at http://www.cdph.ca.gov/Pages/MusselQuarantineFAQ.aspx.


Can pesky squirrels be relocated?
Question: Is it permissible to relocate pesky squirrels that are destroying or damaging private property? (Fred, Redding)

Answer: No. Small nuisance mammals that are damaging property may be taken by the owner but may not be released alive except in the immediate area. Relocating nuisance wildlife not only relocates the problem but also places the critter into an area where it has no established shelter or food and water source, and could potentially spread disease. A depredation permit may be issued for tree (gray) squirrels, unless it is the gray squirrel season when hunters are allowed a four squirrel bag and possession limit.


Must fishing license be carried while spearfishing?
Question: If I am spearfishing from the shore and return with my take, do I need to have my fishing license on my person or can it be in my car? (William H.)

Answer: Persons diving from a boat or shore may have their license on the boat or within 500 yards on the shore, respectively (Fish and Game Code, section 7145).

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

Hunting and Shooting from a Mountain Bike

Shooting or taking game from a bicycle is not specifically prohibited by Fish and Game laws. However, shooting a firearm from, upon or across a public road is prohibited (Photo by Sam Soholt of Will Jenkins and provided courtesy of Cogburn Outdoors)

Shooting or taking game from a bicycle is not specifically prohibited by Fish and Game laws. However, shooting a firearm from, upon or across a public road is prohibited (Photo by Sam Soholt of Will Jenkins and provided courtesy of Cogburn Outdoors)

Question: I will soon be taking off to the mountains to do some mountain quail and tree squirrel hunting. In past years, after arriving at hunting camp, most of my hunting was done on foot and so I couldn’t cover much ground in a day. Last year I took my grandson with me to start teaching him a little about gun safety, hunting and camping in the wild. After walking for a while he got tired and wanted to rest. We were walking along a logging road and he told me he wished he had his bicycle with him. This got me to thinking that with a bike I could cover a lot more area, be basically silent, use no fossil fuel and get some much needed exercise to boot. So, for my hunting trip this year I purchased a mountain bicycle and got it geared up with saddle bags and a handle bar gun rack for my shotgun.

Now I’m all ready to go but can’t find any hunting laws, rules or regulations concerning guns and bicycles on logging roads. Here are my questions: Can I legally shoot from my bicycle while stopped with my feet on the ground or do I have to completely dismount the bicycle to shoot?

Can I have a shotgun shell in the chamber while on my bicycle (like while walking) or must I have the chamber empty and action open like when in a motor vehicle?

Can I carry a holstered six shot, black powder pistol with five rounds capped on my bicycle or do all the nipples have to be uncapped as in a motor vehicle? I don’t want to do anything illegal or get into any trouble, so I would appreciate any help with these questions. (K. Broberg)

Answer: Shooting or taking game from a bicycle, whether on it or straddling it, is not specifically prohibited in California Fish and Game laws. However, section 374c of the Penal Code prohibits shooting a firearm from or upon a public road. A logging road is not a highway but it may be a public road depending on multiple factors, including who owns and/or maintains the road. But, in any case it is advisable to always be off any road before shooting even if it is not expressly prohibited by law.

Loaded rifles or shotguns are prohibited in any vehicle or conveyance “while standing on … any way open to the public” (Fish and Game Code, section 2006). In your case the bicycle is a conveyance and the logging road is a way open to the public — assuming it is open to travel by everyone and not just to those having specific permission from the owner. Bicycles may NOT be used in designated Wilderness Areas.

California Department of Fish and Wildlife (CDFW) law does not prohibit carrying a holstered six shot, even in a motor vehicle. The loaded-gun law applies only to rifles and shotguns (Fish and Game Code, section 2006). There are other law enforcement agencies that do have strict laws against carrying loaded guns in vehicles though.


Beach curfews
Question: I happen to live on the beach and enjoy late evening beach walks but rarely do so due to the 10 p.m. beach curfew closing. I’ve heard that despite any beach curfews, you can be on the beach fishing at any hour as long as you have a fishing license and are legally fishing. If this is true I could just bring a surf rod with me at night to walk and have some fun bouncing a lure in the surf. Does that sound reasonable? (Shane S.)

Answer: Local beach curfews are often imposed for public safety and they take precedence over state ocean fishing open hours. While there are no time limitations when fishing for finfish, you must abide by the beach curfew. Sorry!


Roadkill is not food!
Question: A friend recently hit a deer, causing about $1,200 damage to the vehicle. He picked up the deer and put it in his truck to take home for food. He was stopped by a sheriff’s deputy who told him to take the deer out of his vehicle or he would be cited. I heard that it is legal to pick up “roadkill.” Can you please clarify this? (Sandy B.)

Answer: The officer was correct. It is illegal to pick up roadkill wildlife in California. No one may possess wildlife in any form unless the animal was legally taken by a licensed hunter during the hunting season for that species and while using approved harvest methods. Given this, even if the first criteria were true (your friend was a licensed hunter), motor vehicles are not a legal method of take. The next time your friend sees an animal killed on the roadway, he should not attempt to retrieve it for any purpose.


Can you lure a lobster out of a hole 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.

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Ingenious or Illegal?

Red abalone from Santa Cruz Island (Photo by CDFW Marine Biologist Derek Stein)

Red abalone from Santa Cruz Island (Photo by CDFW Marine Biologist Derek Stein)

Question: I am going over abalone laws again for any details that I may have missed and I have one quick question.

Measuring devices: You must have a fixed-arm measuring gauge, capable of spanning an abalone’s shell. It is a violation to take an abalone when not in possession of a gauge, even if the abalone is legal-sized.Ab iron_gauge combo

As you can see in this picture, the gauge is part of the ab iron. Since it has a fixed-arm that is capable of measuring abalone, I assume this gauge is legal. I just wanted to confirm since I am hearing that people are being approached for this type of gauge. Thanks. (Jerry)

Answer: In order for this combination abalone iron / measuring gauge to be legal, it must meet the requirements of both a legal abalone gauge and legal abalone iron.

According to California Department of Fish and Wildlife (CDFW) Lt. Dennis McKiver, the law says every person taking abalone “shall carry a fixed caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell” (California Code of Regulations Title 14, section 29.15(f)).

While the idea of carrying one device seems desirable, it is difficult to determine the absolute legality of this particular device from this photo alone. The important thing to consider is that a legal gauge must be “capable of accurately measuring” and the fixed opposing arms must be “of sufficient length to measure the abalone by placing the gauge over the shell.” If there is any question, the abalone fisherman should carry an additional legal abalone gauge with them.

All divers must carry an abalone gauge that measures seven inches and any abalone removed from the rock that measures seven inches or more must be retained (CCR Title 14, section 29.15(d)). Wildlife officers frequently find people trophy hunting with only nine or 10 inch gauges in their possession and they end up citing many of these individuals for high grading because they are detaching and replacing abalone that are less than nine or 10 inches, but are otherwise legal to take.


Slingbow for game hunting?
Question: Is it legal in California to hunt small and big game with a slingbow, provided it can cast an arrow legal for the game being hunted at least 130 yards? Referring to the California Code of Regulations Title 14, section 354, slingbows do have flexible material (the band), and a string connecting its two ends (of the band) as the nock, to satisfy the legal definition. (Jason L.)

Answer: These slingshot-style bows would not be legal because bows are defined only as longbow, recurve or compound bow (under CCR Title 14, section 354(a)). The slingbow falls under the definition of a crossbow (CCR Title 14, section 354(b)) “or cured latex band” and could be used for hunting under crossbow regulations.


Trout fishing with “dough balls”?
Question: While living back east, we used to use “dough balls” for trout. We made them out of corn meal, flour and water or fish meal, flour and water. Is this a legal bait for trout in California? (Mike)

Answer: Yes, processed foods may be used in California’s inland waters where bait is legal. Therefore, where bait is legal, dough balls would be legal.


Resident sport fishing license still legal after moving out of state?
Question: If I bought a California fishing license earlier in the year but then moved out of state, can I still legally fish with that resident license even if I now have an Idaho address? I’ll be coming back and forth during the year to visit family and am hoping this license will be good at least through the end of the year. (James F., Boise, ID)

Answer: Your resident California sport fishing license is valid through Dec. 31, 2014, even if you move out of state.

“Resident” is defined as: Any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code (Fish and Game Code, section 70).

“Nonresident” is defined as: Any person who has not resided continuously in the State of California for six months immediately prior to the date of his application for a license or permit (FGC, section 57.)

Next year you will need to buy a nonresident sport fishing license to fish in California.

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