Tag Archives: big game hunting

Fish Carcasses for Bait?

Generally in ocean waters, if a fish can be legally possessed, it can be used for bait. However, there are some situations you need to watch out for.

Question: I recently went deep sea fishing and was wondering if the carcass and/or leftovers of fish caught could be used as bait? I cleaned the fillets today and thought that the skin left attached for identification purposes could be frozen and taken back on a future trip to use as an additional attraction attached to my jigs. The head and body after being filleted might also make for good bait. Are either or both of these ideas legal? I know that crab fishermen often use fish carcasses for baiting their traps, but then I also know of others who have been cited for baiting with fish carcasses. What do the regulations say? (Mark B.)

Answer: Generally in ocean waters, if a fish can be legally possessed, it can be used for bait. You may use rockfish carcasses for crab bait, but there are some situations you need to watch out for.

To eliminate any questions or confusion when you go out crabbing and fishing for rockfish, set your crab traps baited with rockfish carcasses first. Then, at the end of the day when you are returning with limits of rockfish, you can pull your crab traps and discard the used rockfish carcasses before returning to port. Otherwise it may look as though you went out and caught a limit of rockfish to use as crab bait and then continued to catch another limit of rockfish to take home. People have been caught and cited for doing this.

Also, make sure that any fish carcasses you use are from fish that are legal to possess. Many crab fishermen get cited because the carcasses they are using are from undersized salmon, lingcod, cabezon, greenling or other fish with size limits, or from cowcod, canary, yelloweye or bronze-spotted rockfish or other restricted species. They may tell their friends they got cited by the warden for using a fish carcass as crab bait, but the real story is that they got cited for the illegal take and possession of restricted fish.


Following the trout planting schedule?
Question: When the trout planting page on your website says plants will occur the week of any Sunday, does that mean the plant occurred in the week before or will occur the week following that Sunday date? Thanks for all of the help for sportsmen in California. (Robert G.)

Answer: When you see this message, it means that those waters are scheduled to be planted some time in that upcoming week (meaning following that Sunday). To learn more about the California Department of Fish and Wildlife’s (CDFW) fish hatchery program and to view the upcoming trout planting schedule in waters throughout the state, please visit our website.


How to lose big game preference points?
Question: I have accrued several preference drawing points over the past years for various species. If I don’t put in for the preference points every year, do I lose all of those that I currently have accrued? (Dick D.)

Answer: No, accumulated preference points are zeroed out if you do not participate in the drawing for that species for five consecutive years. A missed application deadline is considered as not applying. In addition, you can also lose accumulated preference points for each of the species in the following manner:

Deer – when you are drawn for a premium deer tag as your first choice
Elk, Pronghorn Antelope and Bighorn Sheep – when you are drawn for and pay for the tag.


Rockfish size and possession limits?
Question: Is there a size limit for rockfish in California? Also, are lingcod counted in the 10 RCG Complex bag limit? (John S.)

Answer: No, there are no size limits or fillet limits for any rockfish species. Lingcod are counted OUTSIDE of the RCG Complex bag limit of 10 Rockfish, Cabezon and Greenlings in combination. The bag limit for lingcod is two fish per day/in possession. You can find this information in the current Ocean Sport Fishing regulations booklet, in groundfish tables toward the front of the booklet, and online.


Crab pot line length suggestion?
Question: Is there a regulation or suggestion regarding length of line for a second buoy for crab pots? Many individuals add a second buoy that is attached to the main buoy to make it easier to grab the line to hoist the pot. My impression is that this line should be about four to six feet long. I have seen the second buoy line very long such that it could be caught in the boat’s prop very easily. (Ken H., Santa Rosa)

Answer: There are no regulations regarding trailer buoy length at this point in time. My best advice would be to check out this “Best Practices Guide” 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.

Rainbow Trout/Steelhead vs Coastal Cutthroat Trout

Steelhead fishing (Photo courtesy of Ken Oda)

Question: I have a question regarding regulations on non-adipose fin-clipped (“wild”) rainbow trout/steelhead and coastal cutthroat trout in tributaries on the North Coast (e.g. the lagoons in northern Humboldt County). Anglers are not permitted to keep wild rainbow trout/steelhead but are permitted to keep wild coastal cutthroat trout. However, these two species are well known to hybridize and hybrid offspring are reproductively viable.

Hybrids also exhibit a continuous spectrum of phenotypic expression that runs from the rainbow phenotype (few spots below the lateral line, small head, maxillary terminating before the rear of the eye and no throat slashes) to the cutthroat phenotype (heavily spotted including below the lateral line, large head, maxillary extending past the rear of the eye and throat slashes present). These phenotypes are what the California Department of Fish and Wildlife (CDFW) website recommends for identification of the two species, but there is no reference to the basibranchial teeth that are specific to cutthroat.

Therefore, if an angler catches a non-adipose fin-clipped trout that has no throat slashes, no spots below the lateral line, a small head and a maxillary that does not extend beyond the rear of the eye, but has basibranchial teeth, is the angler allowed to keep the trout? The fish described is likely a hybrid “cuttbow.” Alternatively, if an angler catches a trout that outwardly looks like a coastal cutthroat but does not have basibranchial teeth, is the angler allowed to keep the trout? Again, this fish is likely a cuttbow. (Brian P., Sacramento)

Answer: According to CDFW Environmental Program Manager Roger Bloom, it is true that rainbow trout/coastal cutthroat hybrids exist at some low level in sympatric populations. However, based on a recent scientific study, the practice of using phenotypic traits to distinguish hybrids is not very effective. Although the presence of basibranchial teeth are a strong indication of a cutthroat trout lineage, it should not be used exclusively as a definitive sign to retain/harvest a fish.

From a regulatory/enforcement perspective, field identification of coastal cutthroats should be based on commonly agreed upon morphology of red/orange slashes found under the jaw. If there is a question about a fish being a hybrid coastal cutthroat crossed with a rainbow trout, anglers should err on the side of caution. It must have observable red/orange slashes if the trout is to be considered a coastal cutthroat for harvest.

Interestingly, some Central Valley hatchery steelhead may exhibit orange/yellow slashes which could stem from genetic influences via ancestral redband trout. Hence, if an angler encounters an adipose-clipped fish that looks like a rainbow trout but has these characteristics, it can be retained/harvested as there are currently no hatchery coastal cutthroats with clipped adipose fins.


Eating fresh-caught fish while at sea?
Question: Is it legal to eat just-caught fish while still at sea? For example, if I catch a tuna, fillet it into six pieces and later that day have one piece for dinner, would that be a criminal offense under the new fillet rules? (Jim K.)

Answer: No, you are welcome to cook sport-caught fish on a vessel as long as the fish is counted toward the angler’s individual bag limit and the vessel’s boat limit. The fish must also meet the fillet length requirements and any skin patches must be left on until the fish is prepared for immediate consumption (Fish and Game Code, sections 5508 and 5509). Remember, you cannot catch another fish to replace the one that has been eaten once the bag/boat limit has been filled for that type of fish for that day.


Ranching wild pigs on private property?
Question: Are there circumstances under which a California rancher or even a private resident can keep live wild pigs on their property? I haven’t found any regulations that specifically address this. (Mike A.)

Answer: No, it is not lawful for any California resident to possess wild pigs (Sus scrofa) (California Code of Regulations Title 14, section 671(c)(2)(Q)). However, there is an exception for Sus scrofa domestica, also known as the domesticated pig one commonly sees on a farm (CCR Title 14, section 671(c)(2)(Q)(1)).


Crab Hawk
Question: Is it legal to use the device called the “Crabhawk” to fish for Dungeness crabs? (Forrest L., Watsonville)

Answer: This device, which attaches to the end of a fishing line, is not legal in California. For descriptions of legal devices that may be used to take crabs, please check CCR Title 14, section 29.80. The Crabhawk does not meet the regulatory criteria.

An alternative trap that may be attached to the end of a line is the crab loop trap. These have been legal to use in California for many years.

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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 and Where is Nonlead Ammunition Required?

Turkey strut (Photo by Carrie Wilson)

Question: I have a question about airguns. With the new lead ban going into effect, can I still hunt turkeys with lead airgun pellets? Are pellet rifles included in the nonlead ammunition ban? (Bill K., Placerville)

Answer: Since pellet rifles are not firearms, the use of lead projectiles in pellet rifles is not prohibited.


Was there a federal reversal of the ban on lead ammunition?
Question: I heard there was a federal reversal of the ban on use of lead ammunition for hunting on federal lands. How does this affect those of us who hunt on federal lands in California? (Michael H., Yuba City)

Answer: The new administration reversed a January 2017 federal order from the former director of the U.S. Fish and Wildlife Service that would have phased in federal requirements to use nontoxic ammunition (and fishing tackle) on federal lands nationwide. The federal order was separate and independent from California’s effort to phase out the use of lead ammunition. For California hunters, there is no change whether hunting on federal, state or private land. Neither federal action affects the phase-in of California’s prohibition on the use of lead projectiles while taking wildlife in California.

California is currently phasing out the use of lead ammunition for hunting across the state, including while hunting on federal lands. Beginning July 1, 2019, nonlead ammunition will be required when taking any wildlife with a firearm anywhere in California. Until then, non-lead ammunition is required when hunting big game or coyotes in the California condor range with a rifle or pistol. Nonlead ammunition is required when hunting any species on California Department of Fish and Wildlife’s wildlife areas and ecological reserves. When hunting bighorn sheep, or when using a shotgun to hunt waterfowl or upland game birds (except for dove, quail, snipe and any upland game birds taken on licensed game bird clubs) you must use nonlead ammunition. In addition, nonlead shot is required when using a shotgun to take resident small game mammals, furbearing mammals, nongame mammals, nongame birds and any wildlife for depredation purposes.

For more information and details, please check our nonlead ammunition website.


What are the nonlead ammunition requirements on private land?
Question: We enjoy hunting on a friend’s private ranch and would like to know if the nonlead ammunition laws apply to private lands and landowners. This property is not open to public access and is only hunted by family and friends of the landowner. (Samuel P., Paso Robles)

Answer: These laws apply both to public and private lands. Please refer to the previous answer regarding California’s phase-out of lead ammunition and where restrictions apply, as well as CDFW’s nonlead ammunition website.


Will nonlead ammunition be required for target shooting?
Question: When we go out target shooting, are we required to shoot only nonlead ammo? (Anonymous)

Answer: No. You are not required to use nonlead ammunition when target shooting. Use of lead projectiles for target shooting is legal unless CDFW or another government entity has determined otherwise for lands they administer. California’s prohibition on the use of lead projectiles only applies while taking wildlife. For more information and details, please check our nonlead ammunition website.


Nonlead requirements for concealed carry firearms?
Question: I know that nonlead is required for use when hunting, but if I have my concealed carry weapon (CCW) permit and I’m carrying my pistol concealed for my personal protection along with my shotgun, does the pistol have to also contain only nonlead bullets? (Ben W., Merced)

Answer: No. CCR, Title 14 section 250.1(c) provides, “Nothing in this section is intended to prohibit the possession of concealable firearms containing lead ammunition, provided that the firearm is possessed for personal protection and is not used to take or assist in the take of wildlife.” With the exception of ammunition for concealable firearms possessed for personal protection, hunters may not possess lead ammunition along with a firearm capable of firing that ammunition when nonlead ammunition is required.


How will wildlife officers check for compliance??
Question: How will wildlife officers check and confirm that hunters are using nonlead ammunition? (Anonymous)

Answer: All ammunition in a hunter’s possession may be inspected by wildlife officers. In some cases, if a wildlife officer suspects a hunter is in possession of lead ammunition and cannot prove otherwise in the field, he or she may seize a cartridge or bullet for further analysis. Hunters are encouraged to assist in confirming compliance by retaining ammunition boxes or other packaging.

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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.

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.

Catching Crabs with a Chicken Leg?

Dungeness crabs (ODFW photo)

Dungeness crabs (ODFW photo)

Question: California regulations stipulate that taking crustaceans by “hook and line” is not a legal method of take. So what about a baited line with no hook (e.g. a chicken leg) with a hand line tied to it? As long as I use my hands to take the crab and not a net, is a baited line allowed to lure the crab within reach? (Patrick M.)

Answer: Ocean sport fishing regulations specify what gear may be used to take saltwater crustaceans, and any “nets, traps or other appliances” not specified in the following section are prohibited methods of take (California Code of Regulations Title 14, section 29.80(a)(2)). A baited line without a hook is not a legal method of take, but here’s an idea … you could tie a chicken leg to a loop trap, or make the chicken leg into a loop trap by attaching up to six loops (slip knots) to the bait, and snare a crab this way. This method of a line attached to a chicken leg would be legal to use! Loop traps may not be used south of Point Arguello (CCR Title 14, section 29.80(e)).


Looking for sustainable and ethical wild game for restaurant
Question: I am a chef and we will open a new, very small, specialized Japanese restaurant in Los Angeles. I am looking for sustainable and ethical wild game. Could you please help me find a hunter that deals with restaurants like ours? (Ni L.)

Answer: It is illegal for anyone to buy, sell or trade any sport-taken wild game meat in California. There are businesses that import “exotic” meats, and they are inspected and regulated by the United States Department of Agriculture (USDA). According to the USDA, “Game meats that do not have a mark of inspection cannot be sold. This is the case for game meat harvested by a recreational hunter. The inspection and processing requirements will not be met and thus the meat cannot be sold.”


Lifetime licenses for a 3-year-old
Question: I just purchased a lifetime fishing license for my 3-year-old son and would like to purchase his lifetime hunting license as well. Do I have to wait until he is old enough to take and pass his hunters safety class first? (Anxious dad)

Answer: Great question! You will be able to purchase the lifetime hunting license now to lock in the price but he will not be able to use it until he completes his hunter safety class. Once you buy the license, our License and Revenue Branch will send you confirmation of your purchase. After your son takes the class (usually at nine years or older) and gives us the certificate showing that he has passed his test, like magic, his profile will show that he has an active lifetime hunting license and he will be able to use it.

Likewise, his lifetime fishing license may not show up in his profile until he turns 16 (when he will need to have a fishing license to fish). If you bought one of the add-on packages that include fishing report cards, he will have access to those before his 16th birthday because the report cards are necessary for anglers of all ages.

Good luck and I hope you have many happy years of hunting and fishing with your son!


Catching bait from the piers and bays
Question: What are the legal methods allowed for catching live bait? I have used sabiki type rigs when fishing for mackerels and sardines, but recently I’ve started fishing the bays. Is it legal to use homemade minnow traps in the bays (e.g. Mission Bay and San Diego Bay) to catch smelts to use for bait, or can I only use those bait nets available at local sport fishing retailers for catching bait fish? I am hoping to catch baits south of Point Conception. (Charles P.)

Answer: Baited traps are not authorized for the take of bait fish south of Point Conception. The only authorized methods of take for bait fish are using dip nets, baited hoop nets not greater than 36 inches in diameter, by hook and line or by hand. “Dip nets of any size and baited hoop nets not greater than 36 inches in diameter may be used to take herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp and squid. Hawaiian-type throw nets may be used north of Point Conception to take such species” (CCR Title 14, section 28.80). When taking other species of bait fish, your hand-held dip net must be not more than six feet in greatest diameter, excluding the handle (CCR Title 14, section 1.42).

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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.

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.