Category Archives: Waterfowl

Baiting or Habitat Enhancement?

Mule deer on scenic hillside (USFWS photo)

Mule deer on scenic hillside (USFWS photo)

Question: I am an avid outdoorsman here in Southern California. I noticed on a recent scouting trip that someone left a bucket in one of my upland game hunting locations. It had some water in it and it looked like it was placed there to act as a person’s DIY waterhole. I’m not sure if they left it by accident or if they placed it there in the hopes of attracting deer and game birds. Does this count as feeding? I’m fully aware there are prohibitions on feeding and baiting big game, and I am aware there are restrictions on baiting small game like quail, but does leaving your own water count as feeding or baiting? I looked at the regs and I didn’t find a definition of what feeding is, at least in regard to this situation. NGOs build these types of devices all the time as habitat enhancement in areas where big game need access to water. I’d imagine it is done with proper permission and permits, yet I did not want to leave a CalTIP report about a poacher if this was not illegal. (Robert T.)

Answer: As long as the person placing the watering device has permission from the land owner or controlling agency to place it on the property, there should be no issue. However, regulations may prohibit hunting near the watering device if it is on public land (California Code of Regulations Title 14, section 730). This code section prohibits hunting for more than 30 minutes within 200 yards of wildlife watering places on public land within the boundary of the California Desert Conservation Area, or within ¼ mile of six specified wildlife watering places in Lassen and Modoc Counties. The definition of “watering place” includes man-made watering devices for wildlife.


Fishing outside restricted depths?
Question: A while back I read some fishing reports from some partyboats out of Sonoma County who were reporting they had picked up limits of rockfish and lings and were then running out to 220 feet of water to fish trolling gear for salmon. Isn’t this illegal? How do these commercial sportfishing boats get away with it? (Dan F.)

Answer: Yes, that practice would be illegal. Partyboats must abide by the depth restrictions for the groundfish management area where they are fishing. For the area you describe it would be 180 feet, and if groundfish are on the boat, no fishing may occur in deeper water. A partyboat could have gone salmon fishing in 220 feet and then moved to legal depths to catch rockfish inside 180 feet, but not in the manner you describe. If groundfish were caught while fishing the deeper water for salmon, they would have had to be released.


Fishing by Delta farmer’s pumps
Question: I was fishing in a boat on the California Delta yesterday. A farmer’s pump was pumping and the farmer stopped his truck on the levee to tell me that it’s against the law to fish within 100 yards of a running pump. I’ve never heard of that, and I was wondering if the farmer was just blowing smoke. What do you think? (Ken A.)

Answer: The farmer was mistaken, but CCR Title 14, section 2.35 does prohibit taking fish within 250 feet of any fishway; egg-taking station; dam, weir or rack that has a fishway or an egg-taking station; and the upstream side of any fish screen.


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

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


Bear spray for personal protection?
Question: Is bear spray legal for personal protection while deer or pig hunting in California? (Tony B.)

Answer: Yes. And not only is it legal, many people also recommend it!

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

Using a Dinosaur Blind for Waterfowl Hunting?

(Creative Commons photo)

(Creative Commons photo)

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

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


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

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


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

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

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

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

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


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

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

HAPPY THANKSGIVING!

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

Why So Many Blacktail “Stags”?

Stags are male deer that most notably exhibit antler abnormalities, often due to hormonal changes resulting from testicular damage or caused by a birth defect known as “cryptorchidism.” (Photo by Carrie Wilson)

Stags are male deer that most notably exhibit antler abnormalities. Often this is due to hormonal changes resulting from testicular damage or caused by a birth defect known as “cryptorchidism.” (Photo by Carrie Wilson)

Question: While looking through our trail cameras in a particular area this year, we’ve observed that roughly a third of the blacktail bucks are actually stags. I’ve been told that a parasite causes this and so I am curious what the cause might be. I am also concerned with the prevalence of this condition in this herd. Is this something that can take over a herd? Also, are there any exceptions for taking a mature buck that will never grow a fork? (Ian S.)

Answer: By definition, stags are male deer that most notably exhibit antler abnormalities. This is often due to hormonal changes resulting from testicular damage or caused by a birth defect known as “cryptorchidism.” When the normal production of testosterone is altered or diminished, the antler characteristics may morph to look significantly different from those of normal bucks and the animals’ behavior may never change to take them into the seasonal rut. Stags may remain in velvet and not shed their antlers, or the antlers may become misshapen and grow many points. Some stags never grow any points at all.

We are aware of this occurrence and have been taking reports of bucks with underdeveloped or atrophied testicles, primarily from the northwest region of the state. Our wildlife veterinarians are collecting and analyzing samples when they get them, but the cause is still undetermined. We really doubt that it’s due to a parasite but our research continues as a definitive cause has yet to be found.

As far as exceptions for the take of one of these stags without a fork, there are none. Regulations require bucks to have a forked horn or better, and there are no exceptions when filling a buck tag.


Miss Peep is still in my pool and won’t leave
Question: I live in Riverside and rent a house with a pool that a mommy duck and her three ducklings have also been enjoying. I left them alone to do their own thing so that they would hopefully move on when ready. Unfortunately, one disappeared and one drowned even though I put a ramp at the steps of the pool. One duckling (Miss Peep) has survived and grown a lot. Mother duck flew away about two weeks ago but Miss Peep is still hanging out.

My dilemma is the owner of the house is opposed to her staying here and so has instructed the pool guy to “add something” to the water that the pool guy said will make her sink, or possibly drown. I’m very upset by this but am not certain she can fly away yet. She’s about 10-11 weeks old and I’ve never even seen her try. I really want to see her survive and fly away as she is intended. Food is plentiful, with an abundance of crickets in my yard.

Is it illegal to use something in the pool that can harm the duck? We have told the pool guy that she is a protected animal and to not disturb her. Last week my son saw him spraying pool water at her, perhaps as a joke, but it isn’t funny to me. What can I do to protect this little duck and get her off on the right feathered flight? (Dawn F., Riverside)

Answer: The little duck should be nearly ready to fly. The general rule is around 60 days to flight. If the little duck feels safe in your yard with the pool and it has plenty of food, it may not be motivated to fly off right away. Your best course of action would probably be to contact a nearby wildlife rehabilitator near you to ask for assistance.

For a list of approved and licensed rehab facilities, please go to http://www.wildlife.ca.gov/conservation/laboratories/wildlife-investigations/rehab/facilities. Good luck with Miss Peep!


Octopus fishing with PVC tubes?
Question: I’m curious about octopus fishing. I know they are considered mollusks without shells and the only permitted methods of take listed are hook and line and by hand. Are there any other more detailed restrictions I should be aware of regarding octopus? Is the use of scuba permitted? I’ve read about setting out sections of PVC tubes in sandy areas between reefs as a sort of trap. Would it be legal to set these out and then either freedive or scuba down and grab the octopus out of them by hand? (Michael S.)

Answer: You may either freedive or use scuba to take octopus by hand. However, don’t set out any PVC tubes. These would be considered a trap and cannot be used to take octopus.

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

Ultra-lights and Fixed Wing Aircraft Harassing Wildlife

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

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

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

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

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

Answer: While there is no specific section in the Fish and Game Code regarding these low-flying aircraft, section 2009 may apply. This section

makes it a misdemeanor to willfully interfere with someone who is engaged in the sport of hunting. Given the circumstances you described, this section could be used to prevent these low-flying

aircraft from interfering with hunters on state wildlife areas during the open season.

There are also two regulations that may apply to the actions you describe. “No person shall pursue, drive, herd or take any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile” (California Code of Regulations Title 14, section 251). Also, “No person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal’s normal behavior patterns, which includes, but is not limited to breeding, feeding or sheltering” (CCR Title 14, section 251.1). These regulations are punishable as misdemeanors.

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


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

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


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

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

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

Bow Hunting for Spring Turkeys?

Spring tom turkeys in Northern California (Photo by Carrie Wilson)

Spring tom turkeys in Northern California (Photo by Carrie Wilson)

Question: I am interested in bow hunting for turkeys this year but have some questions. Last week I saw a flock of hens and jakes on the side of a highway and I got to wondering if it’s legal to hunt off the side of a highway. I know we can’t shoot across a highway, but exactly how many yards or feet away does a bow hunter have to be? (Rafael O.)

Answer: It is unlawful to discharge a firearm or release an arrow or crossbow bolt over or across any public road or other established way open to the public in an unsafe and reckless manner (Fish and Game Code, section 3004(b)). Definitions for road and roadway can be found in the California Vehicle Code, sections 527 and 530. In addition, most counties have ordinances setting the distance from a public roadway that one must be to lawfully discharge a firearm. Many counties require 150 feet, but this distance varies and you will have to check with the appropriate county’s sheriff’s department to determine the legal distance. It is always unlawful to negligently discharge a firearm, and the discharge of a firearm from or upon a public road or highway is prohibited (California Penal Code, section 374c).


Bringing a speargun into California
Question: I am coming to California from Australia for a diving holiday and wish to bring my own gear, including a spear gun. Do you know what the rules are about bringing one through U.S. customs? (Edward C.)

Answer: The California Department of Fish and Wildlife (CDFW) does not regulate the importation of dive gear, including spear guns. You should check with the Transportation Security Administration (www.tsa.gov) and U.S. Customs (www.cpb.gov) to see if they have any special provisions you must follow.


Live rodents as fishing bait?
Question: I have seen several videos about using live “feeder” mice and rats for bass and trout fishing and was wondering whether they are legal to fish with here in California. I wasn’t able to find any regulations talking about using live mice or rats. If not acceptable to use as a live bait, can they be used if dead/frozen? (Anonymous, Sacramento)

Answer: No. The freshwater fishing regulations do not list mammals as acceptable bait options, so rodents may not be used (California Code of Regulations Title 14, section 4.00.)


Hunting Sandhill cranes?
Question: Does California have any type of hunting opportunities for Sandhill cranes? I have seen a couple of videos in which the hunters state that the meat is great and some say it tastes like steak. I tried to research any regulations for them but wasn’t able to come up with anything. Can you please let me know if they can be hunted here? (Jose G.)

Answer: While some states do authorize the take of Sandhill cranes during waterfowl season, there are currently no hunting opportunities for Sandhill cranes in California.


Kangaroo product ban?
Question: I am the owner of a store that sells kangaroo hide boots and other products made of kangaroo leather. I read in the news that California recently re-instated a ban on the import and sale of kangaroo products. Is this true and if so, what should retailers like me know about the ban? (Anonymous)

Answer: You are correct. The ban on kangaroo products went back into effect Jan. 1, 2016. California Penal Code section 653o prohibits the importation, possession with intent to sell, and sale of any parts of specified animals, including kangaroos. Some common retail products made from kangaroo leather are boots, belts, wallets and soccer cleats.

As you know, California retailers are responsible for knowing the laws and regulations of the state of California and must take the necessary efforts to ensure they do not possess kangaroo products with the intent to sell.

Penal Code section 653o may be enforced by any peace officer in the state, including police officers, sheriff deputies, and wildlife officers. A person who violates section 653o is guilty of a misdemeanor and is subject to a fine between $1,000 and $5,000 and up to six months in jail for each violation.

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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.

Kage (Hawaiian Spear Gaff) – Spear or Gaff?

Kage 1_ Eric Mcdonald

The kage (Hawaiian spear gaff) is a popular East Coast fishing gaff used by offshore kayak fishermen to quickly dispatch their fish. (Photos courtesy of Eric McDonald of Deep Blue Kayak Fishing)

Question: Is a kage (Hawaiian spear gaff) legal in California waters? I live in Southern California and I use one to very quickly dispatch legal fish. A kage is easier than a regular gaff, especially since I’m fishing on a kayak. I’m strictly a kayak angler and use my kage more often than a conventional gaff. In case you are unfamiliar with a kage, here are a few links that might help: http://deepbluekayakfishing.com/products/
http://www.scout.com/outdoors/fishing/story/1496518-kage-gaff. (KeKage 3_ Eric Mcdonaldvin M.)

Answer: The kage would not be considered a gaff and thus not be legal to use as a gaff from a kayak. A gaff is defined as “… any hook with or without a handle used to assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily in its mouth” (California Code of Regulations Title 14, section 28.65(d)).

A kage would be considered spearfishing gear and subject to the diving and spearfishing regulations (CCR Title 14, section 28.90). Under these regulations, you would be required to be floating or swimming in the water to use this device to take fin fish, other thanKage 6_ Eric Mcdonald those listed in this section.

It can also be considered a spear or harpoon, in which case (under CCR Title 14, section 28.95) if you were not in the water but on a kayak, boat or on the shoreline, it can only be used to take skates, rays and sharks (except white sharks). And the device can’t even be possessed on a boat when swordfish or marlin have been taken.


Where to buy a live largemouth bass?
Question: I rent a home on a property that has a pond with some quite large largemouth bass in it. The landlord lets people fish the pond on a catch-and-release basis. I caught one, easily 6-8 pounds, which managed to take the bait and large hook so deep that I could not remove the hook. I thought I had condemned the fish to a slow painful death, so rather than let it suffer, I took the fish. The owner of the pond was very upset when I told him. He said if I had just cut the line the fish would have survived. Do you have any idea where I can buy a large bass to replace the one I killed? (Daniel C.)

Answer: Replacing a fish the size of the one you’ve described is highly unlikely. Most aquaculture facilities only keep black bass up to about three inches due to cannibalism. Regarding replacing the fish though, you can find a list of licensed aquaculturists with locations and products sold (limited to those who elected to be listed) on our website at http://www.wildlife.ca.gov/Aquaculture. Click on the link on the right that says “List of Aquaculturists (PDF).”


Duck blind partner with overlimits
Question: I have an issue with another hunter who was in my duck blind this year. I hunted in a four man blind with three other people. Two were great, but one was being an ass. He had been shooting overlimits of pintails and stuffing them in his backpack and pretending he still didn’t have a limit. If all four of us were in the blind and he shot overlimits of pintails, who would have gotten cited? We repeatedly told him not to do this. I shot and retrieved my own ducks, as did the other two hunters in the blind. We are working on trying to kick him out of the blind next year, but any suggestions on what we should have done this year? (Ken S.)

Answer: The California Department of Fish and Wildlife (CDFW) has a dedicated program and phone number for exactly this reason. CalTIP (Californians Turn in Poachers and Polluters) is a confidential secret witness program that encourages the public to provide factual information leading to the arrest of poachers and polluters.

CalTIP was introduced in California in 1981 in order to give Californians an opportunity to help protect the state’s fish and wildlife resources. The toll free telephone number operates 24 hours a day, seven days a week. You do not have to give your name. If you witness a poaching or polluting incident or any fish and wildlife violation, or have information about such a violation, immediately dial the toll free CalTIP number 1-888- 334-CALTIP (888 334-2258), 24 hours a day, seven days a week. Or you may submit anonymous tips using tip411. This is an Internet-based tool from CitizenObserver.com that enables the public to text message an anonymous tip to wildlife officers and lets the officers respond, creating an anonymous two-way conversation. Anyone with a cell phone may send an anonymous tip to CDFW by texting “CALTIP”, followed by a space and the message, to 847411 (tip411).

If you were hunting on a private club, you can take the matter up with the club manager or owner to begin with. The club should have bylaws prohibiting this unlawful and unethical behavior. If an investigation determines your hunting blind buddy is solely responsible for taking or possessing overlimits, he alone will be cited for those violations.

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

Clamming at Pismo Beach after 40 years

Pismo clams (Tivela stultorum) in Ventura (CDFW file photo)

Pismo clams (Tivela stultorum) in Ventura (CDFW file photo)

Question: I made a promise to my son 40 years ago to take him clamming at Pismo Beach, and I want to keep that promise. How are the conditions there now and when is the best time to plan a visit? (Jim S, Big Arm, Montana)

Answer: Recent surveys at Pismo Beach indicate there are no legal sized clams there, although there has been some limited legal take of razor clams. I would really like to see you and your son have a successful trip, so there are some other locations further south where you should have luck. Rincon Beach in Santa Barbara County and La Conchita Beach in Ventura County have been producing good numbers of legal sized Pismo clams recently.

Clams that have a size limit and are not retained must be immediately reburied in the area from which dug (California Code of Regulations Title 14, section 29.20 (d)). Clammers must do their share to help to maintain healthy populations of clams for future generations.

Clamming is generally done from November to April during minus tide events. Starting the month of May, potentially harmful plankton blooms can become an issue. The annual mussel shellfish quarantine is from May 1 to Oct. 31, and is in place to protect the public against Paralytic Shellfish Poisoning and domoic acid poisoning, also known as Amnesic Shellfish Poisoning. The May through October quarantine period encompasses more than 99 percent of all Paralytic Shellfish Poisoning illnesses and deaths reported in California since 1927. Even though mussels are a different species, I recommend taking similar precautions and would not recommend harvesting Pismo clams during the annual mussel quarantine.

Please remember that any person 16 years of age or older who is participating in clamming is required to have a valid California sport fishing license. An Ocean Enhancement Stamp is also required for ocean fishing (including clamming) south of Point Arguello (northern Santa Barbara County) except when fishing with a one-day or two-day sport fishing license. The stamp is not required if you purchase a one- or two-day sport fishing license.

For regulations specific to Pismo clams, please go to section 29.40 in the current Ocean Sport Fishing Regulations booklet available online or wherever fishing licenses and sold. Good luck!


Abandoned lobster traps and hoop nets
Question: I am a freediver who dives for lobsters along the Southern California coast. I have concerns about abandoned hoop nets and lobster traps. I can tell that they are abandoned and have been there for a while because some are rusted and old, the rope is frayed, and they are just floating underwater with no buoys attached. Numerous times I have seen these abandoned traps with lobsters and fish that have been trapped inside for days, some alive some dead. Am I allowed to open and free those trapped animals and clean up my dive spots of these abandoned traps? What can I do about those hoop nets that have been cut off/frayed and left under water? I am planning to round up a bunch of freedivers to do an underwater clean up. (Chester L.)

Answer: As long as the trap is clearly abandoned and there is no surface gear associated with it, you can legally both release the animals and remove the traps (you may not keep any lobsters found in the traps). The California Department of Fish and Wildlife (CDFW) recommends and prefers that citizens and fishermen instead report the type and location of lost or abandoned fishing gear to the appropriate CDFW field office so that trained department personnel can retrieve the gear. For a list of CDFW Marine Region offices, please go to: http://www.wildlife.ca.gov/Regions/Marine/Contact.


If duck hasn’t built a nest yet, can I catch and eat it?
Question: Can I catch a mallard duck in my housing community, and eat it, if the duck hasn’t built a nest yet? I live in Huntington Beach. (E.J. Fudd)

Answer: No. Regardless of whether the duck is nesting, you must comply with the Fish and Game Code and all applicable local laws or ordinances. For example, you will need to have a valid hunting license, waterfowl season doesn’t open until October and to take a duck you would need to use a lawful method of take. Since you live in a housing community, firearms are likely not allowed and catching the duck by hand is not a legal method of take.


Fishing and trapping crayfish at the same time
Question: I am just wondering if while I am fishing, I can run my crayfish trap at the same time to catch crayfish. I only have one fishing permit and I don’t have a second rod stamp. I just want to make sure I don’t break any laws. (Eric L.)

Answer: Yes, there are no prohibitions against doing this as long as you can closely monitor your fishing rod the entire time.

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