Tag Archives: firearms

Possessing Steel and Lead while Hunting Chukar and Quail?

Chukar (CDFW photo)

Question: The ban on hunting with lead ammunition is being phased in. It now includes chukar, while the use of lead will continue to be allowed for quail until the 2019 season. My question is can hunters carry both types of shells (lead and steel) in the field if they are hunting areas where they might reasonably expect to find both species, switching between one and the other depending on what birds they bump? Or must they only possess steel (or bismuth or tungsten or other certified nonlead ammunition) while hunting chukar, and then have to use that ammunition if they run into quail? (Jim M.)

Answer: No. When hunting and targeting two different species, and the possession of lead ammunition is prohibited for one of those regulated species but not the other, you are held to the confines of the most restrictive regulation. In this case, chukar fall under the regulation that says, it is “unlawful to use, or possess with any shotgun capable of firing, any projectile(s) not certified as nonlead…” (California Code of Regulations, section 250.1(d)(2)).

Thus, if you are using your trusty shotgun to hunt both quail and chukar at the same time, steel/nonlead ammo is required.


Shrimp fishing legal?
Question: I have been trying to research whether it is permissible for a recreational license holder to trap for shrimp in the ocean. Can you please help me understand if this is allowed and if there are any restrictions on type of traps, limits, etc. or any other restrictions that I should be aware of? (Kevin B., Santa Barbara)

Answer: Yes, it is legal to take any type of ocean shrimp in California waters, but spot prawns are the most desirable and sought after for eating purposes. However, because California’s spot prawns are found so deep – usually 100 fathoms (600 feet) or more – and the bag limit is only 35, most people are not interested in trapping these shrimp recreationally.

Another option is the lesser known coonstripe shrimp, also referred to as dock shrimp for their habit of sometimes living around pilings. Unlike spot prawns, coonstripe shrimp inhabit relatively shallow water and can be fished close to shore with lightweight traps. They may occur out to depths of 600 feet, but fishermen often set their traps between 70-150 feet. The sport limit is 20 pounds per day (the first 20 pounds taken, regardless of size or condition), and there is no closed season or size limit for the sport fishery. While they range from Sitka, Alaska to (at least) Point Loma in San Diego County, the highest concentrations of coonstripe are found in far northern California, near Crescent City.

Shrimp and prawn traps may be used to take shrimp and prawns only. South of Point Conception, trap openings may not exceed one half-inch in any dimension, effectively prohibiting shrimp and prawn trapping in the region. This requirement is intended to protect juvenile lobster. For For traps fished north of Point Conception, trap openings may not exceed five inches in any dimension.

To learn more about fishing for these interesting shellfish, please check out the crustaceans section of the current Ocean Sport Fishing regulations for the regulations, legal gear, limits and other information you will need to know (CCR Title 14, sections 29.80 through 29.88).


Is lead shot legal or illegal for doves this season?
Question: I keep hearing from tons of folks who are saying that lead shot is illegal for doves this season. I can’t find anything in the regs that say that, except for when hunting on California Department of Fish and Wildlife (CDFW) lands or in the condor zone. The way I read it, lead shot is OK for doves until July 2, 2019. Am I correct or wrong? (Bill K.)

Answer: You are correct. Effective July 1, 2016, nonlead shot is required when taking upland game birds with a shotgun. Exceptions include when hunting dove, quail, snipe; or any game birds taken on licensed game bird clubs. In addition, nonlead shot is now required when using a shotgun to take resident small game mammals, nongame birds, and any wildlife for depredation purposes. For more on the nonlead ammunition implementation, please check our Nonlead Ammunition in California website.


Do smoked fish stored in a freezer count as in possession?
Question: For the regulation of five fish bag limit and ten in possession, do fish that are smoked and retained in freezer count for the latter? (Bob M., Anderson)
Answer: “No more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean named in these regulations may be taken or possessed by any one person unless otherwise authorized; regardless of whether they are fresh, frozen, or otherwise preserved” (CCR Title 14, section 1.17). Trout regulations generally allow possession of double the daily bag limit and is covered in the “unless otherwise authorized” exemption described above. To specifically answer your question, smoked or retained fish in a freezer are part of your possession limit.

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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.

Fishing Pacific Halibut with a Buoy from a Kayak?

Landing Pacific halibut from a kayak can be very challenging, especially if not prepared with the right equipment. To ensure success, be sure to plan ahead! (Photo by Eric McDonald)

Question: I wish to target large Pacific halibut from my kayak. I’ve researched several different methods for safely landing a large Pacific halibut from a kayak and have settled on a wireman’s gaff. A wireman’s gaff is a large 18/0 shark hook at the end of a 15-20 foot section of rope. The fish is gaffed with the shark hook and the other end of the rope is normally tied to a cleat – much like a flying gaff. From a kayak, this would be dangerous. Instead, I would tie the other end of the rope to an A1 buoy and throw the buoy overboard. The fish then fights the buoy, tires itself out, and then once tired it can be hauled in and dispatched safely.

My concern is that a hook on a rope attached to a buoy fits the description of “mousetrap gear” in the California Code of Regulations Title 14, section 28.65(f).

“Mousetrap gear prohibited: It is unlawful to use, assist in using, or to possess aboard any vessel, hook-and-line gear commonly termed ‘mouse traps’ constructed of a hook(s) or lure(s), attached to one end of a line that is attached to a float, or floats at the other end, and that when fished, is not attached directly to a person or vessel. Possession of such gear aboard a vessel shall be prima facie evidence that the gear is being used in violation of this regulation.”

Clearly, my intended use is not to fish with the wireman’s gaff as the line is too short to catch anything. The hook is never baited and it is never deployed without first being used to gaff a legally hook-and-line caught fish. Is the use of a wireman’s gaff in this way legal under the regulations? Do you think I would get a ticket if a wireman’s gaff attached to a buoy were in my possession? If it is not legal, is there a way to rig it to make it legal without tying a large agitated fish off to my kayak? (Doug K., Eureka)

Answer: Good question! I think the easiest way for you to make it clear that your device is a gaff and not mousetrap gear would be to rig it so that it couldn’t be used as mousetrap gear. For example, if the hook is tied to a floating rope (e.g. polypropylene) with no weights, it would look like a gaff, whereas if it were tied with clear fishing line it would look like mousetrap gear. If you do this, game wardens will know that your device is a gaff.

“‘Snag’ or ‘gaff’ hooks are hooks with or without handles used to take fish in such manner that the fish does not take the hook voluntarily in its mouth” (Fish and Game Code, section 48).

There is no law that would prohibit your described method of gaffing a Pacific halibut. Many divers use similar devices with floats that detach from their spear guns while spearing large game fish.


Muzzleloaders in a wildlife area?
Question: The wildlife area I hunt states that rifles and pistols are prohibited, so most everyone hunts with shotguns loaded with slugs, or with a bow. Could I legally use a muzzleloader in this area? (Kyle B.)

Answer: Muzzle loading shotguns are legal where shotguns are allowed. When rifles and pistols are prohibited, it’s often due to concerns that bullets may travel too far beyond the targeted game. In these areas, pistols and long guns with rifling in the barrel (including muzzle loading rifles) are prohibited.


Dungeness crab and other health advisories?
Question: What’s the best way to find out when there are health advisories in place to prevent fishing for crabs and other shellfish? (Anonymous)

Answer: Health advisories are usually issued by the California Department of Public Health (CDPH) and can be found several different ways. You can always check our health advisories website. This is updated whenever a new advisory is issued, though unfortunately we do not know much ahead of time when they will be issued. Links to more information about crab and domoic acid is available toward the bottom, in the Additional Information section. You can also call the CDPH shellfish hotline at (800) 553-4133, available 24/7.

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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.

Backyard Dove Hunting with Judo Point Arrows?

Eurasian Collared Dove (Creative Commons photo)

Question: I am a recently minted homeowner and my neighborhood is overrun by Eurasian doves. For fun, I would like to do some recurve bow hunting for them with judo point arrows when the season opens later this year. I know that the statute states, “No discharge of firearms or any deadly weapon within 150 yards of a residence.” However, can you please tell me if using judo point arrows with flu-flu fletching would be considered deadly? My plan is to hunt from an elevated position such that the arrows strike within my own backyard. (Anonymous)

Answer: Because you would be hunting, the statute would apply to you even if your bow and arrows were not deadly weapons. “It is unlawful for a person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, while within 150 yards of an occupied dwelling house, residence, or other building…, to either hunt or discharge a firearm or other deadly weapon while hunting” (Fish and Game Code, section 3004(a)). To lawfully hunt in your back yard, you would need to get permission from every owner or occupant of dwellings within 150 yards, and then make sure there are no local ordinances or rules that prohibit hunting in your neighborhood, and then make sure your archery equipment complies with California Code of Regulations Title 14, section 354. You will find this section if you go to page 28 in the current California Mammal Hunting Regulations booklet.


Obtaining gaper clams?
Question: I have a question regarding digging for and obtaining gaper clams. I know the daily bag limit is 10 clams per person. Now, I’m pretty sure you know how hard it is to dig for these clams, so if I’m clamming with my friends, can we assist each other to reach our limits? I’m confused because last year while with friends digging for clams, we were checked by a Fish and Wildlife officer. He just checked our licenses, counted the total quantity that my friends and I had acquired and then sent us on our way. However, this year I heard you can’t help each other. Did they change the regulation or was it always that way? I would hate to get a ticket due to ignorance. (Nam T.)

Answer: As long as all of you were in possession of valid fishing licenses, it would be permissible to help each other as long as each person is retrieving their own clams and each person is involved in the entire process of digging for their own clams. Where you could run into a problem is if one person digs up and retrieves more than 10 clams and “shares” his additional catch among the group. Once a person has dug up and possesses a daily bag limit, he or she must stop assisting other members of the group. This is important because if the individual possesses a limit, he or she is no longer able to attempt to take any more.

Before setting out to harvest gaper clams or any other species of shellfish, please first check the California Department of Public Heath shellfish hotline at (800) 553-4133. This recording is available 24/7, is updated frequently and will tell you about any health concerns or health-related harvest closures in effect for shellfish and finfish in California ocean waters.


Fishing with live bait in Lake Mendocino?
Question: Can I buy minnows in Lake County (Clearlake Outdoors) and then use them as bait in Lake Mendocino? I have tried to read the regs but they are soooo confusing. (William W.)

Answer: Remember, the term “minnows” is used for a number of baitfish species. Golden shiner, fathead minnow, red shiner, mosquitofish, longjaw mudsucker and staghorn sculpin are authorized live bait for Lake Mendocino. The regulations you are asking about can be found in the 2017 Freshwater Sport Fishing Regulations booklet under CCR Title 14, section 4.25.


Kelp collecting for a science class?
Question: I am a science teacher planning a unit on photosynthesis, and I’d like to include a few pieces of kelp in the kids’ exploratory activities. They’ll be looking at leaves and at other aquatic algae, too. Before I go collecting, is it even legal to go get some kelp fronds from the beach wrack? If so, where it is legal to collect? (Kelly T., Pacific Grove)

Answer: Take of kelp is legal, as long as you’re not in a Marine Protected Area (MPA) that prohibits the take of kelp. The daily bag limit for recreational harvesters of marine algae is 10 pounds wet weight in the aggregate. Recreational harvesters are prohibited from harvesting or disturbing eelgrass (Zostera species), surfgrass (Phyllospadix species) and sea palm (Postelsia palmaeformis).

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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.

Turkey Hunting with Lead or Nonlead Shot?

Nonlead shot is now required when turkey hunting in California (Photo courtesy of the National Shooting Sports Foundation)

Question: Do I have to use nonlead shot when turkey hunting with a shotgun this spring? (Joe N., Sacramento)

Answer: Yes. Nonlead ammunition is now required statewide when hunting wild turkeys with a shotgun. This applies to both public and private lands (except for licensed game bird clubs), including all national forests, Bureau of Land Management properties and California Department of Fish and Wildlife (CDFW) lands. Private landowners or anyone authorized to hunt on private land must also comply with these regulations.


Moving crab pots that have become navigational hazards?
Question: Can I pick up and remove a crab pot that is a navigational hazard and/or has significant line floating on the surface? (Daniel)

Answer: No, it is unlawful to “disturb, move or damage any trap that belongs to another person that is marked with a buoy identification number or unless the person has written permission in possession from the owner of the trap” (California Code of Regulations Title 14, section 29.80(a)(3) and Fish and Game Code, section 9002).

Instead, you are encouraged to report any crab pot creating a hazard to CDFW or the Coast Guard. The Coast Guard has the authority to remove traps that are in violation of rule 9, which prohibits fishing that impedes the passage of a vessel that can only operate safely in a narrow channel or fairway. These are specifically designated by the sector of the coast guard that operates in that area.


Shooting too close to neighbors’ houses with permission?
Question: My neighbors and I each live on five-acre lots in Calaveras County that back up to open land with no buildings or dwellings. We all like to hunt and have dove and quail on the back sides of our properties that run in conjunction with each other. I noticed that our houses are between 100-140 yards from the area where we like to shoot which is facing away from our homes. We all allow each other to shoot with no problems, but based on of the language of Fish and Game Code, section 3004 it says we should be at least 150 yards away from our homes. Since we are all in agreement regarding shooting from this area, does this regulation make it illegal? (Brendon G.)

Answer: This regulation reads, “It is unlawful for a person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, while within 150 yards of an occupied dwelling house, residence or other building, or within 150 yards of a barn or other outbuilding used in connection with an occupied dwelling house, residence or other building, to either hunt or discharge a firearm or other deadly weapon while hunting” (FGC, section 3004). It appears you would not violate these provisions but you should also contact your local Sheriff’s Department to see if there are any local laws that may apply to your location.


Ocean finfish landing net size requirement?
Question: I understand that the following regulation applies to ocean-going kayaks. It says, “No person shall take finfish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter” (CCR Title 14, section 28.65(d)).

My question has to do with how the diameter is measured on a net that isn’t round. Many nets that are aimed at small craft use are not round and meet the opening size in one direction, for example, 18 inches x 14 inches. Is that legally sufficient or must the minimum diameter at any point be no less than 18 inches? That would push the net size up considerably, and given the limited utility of a net (or a gaff for that matter) from a near-water craft like a kayak or float tube, I’d prefer to carry as little as possible. (Ariel C.)

Answer: The net need not feature a circular opening despite its reference to “diameter,” but the net must be a minimum of 18 inches at its narrowest part. Good luck and tight lines!

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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.

“Butterflying” a Legal Alternative to Traditional Filleting?

Only certain ocean fish are allowed to be filleted at sea. Check section 27.65 (c) in the Ocean Fishing Regulations booklet

Only certain ocean fish are allowed to be filleted at sea. Check section 27.65 (c) in the Ocean Fishing Regulations booklet

Question: As an alternative to traditional filleting, some people will do what they call “butterflying.” This is where fish are filleted but the cut is not completed leaving the fillet connected to the skin and the skin attached to the carcass. Is that technique legal for striped bass and sharks? I believe it’s not permissible to fillet greenlings and cabezon at sea. That is where I have seen this done in the past by deckhands that want to be able to make a buck filleting onboard without violating the regs. The patron just pulls the pieces apart when dockside to separate the fillet from the remainder. I just want to see if perhaps further clarification directly to the individual might help them, should they be a deckhand checking to see if there is some means of cutting fish at sea. This might be worth running by a warden to be sure that the butterfly trick is legit. (John B.)

Answer: It is illegal to possess fish on a boat in such condition that the size and species cannot be determined (Fish and Game Code, sections 5508 and 5509). Fillet laws allow for the fillet of certain species as sea (under California Code of Regulations Title 14, section 27.65) consistent with identification requirements specified in the rule (such as retention of attached skin patches or the entire skin of a rockfish). Other than the provisions allowing for the fillet of certain species, no one should jeopardize the ability to identify the species and size of ocean fish. Striped bass, sharks, greenlings and cabezon may not be filleted at sea. So, if the person filleting your fish at sea, while rolling back and forth, makes a mistake and removes the whole piece of skin, you would be in violation. To be safe, the butterflying can occur once the fish are landed.


Determining when and where a gun is considered “loaded”?
Question: Please clarify the definition of “loaded” that you gave in your column: “Live round in the chamber.” Is it okay to have the clip or magazine loaded if there’s no round in the chamber? (Will B., Palmdale)

Answer: This is a classic example of the answer depending on where you are and what activity you are engaged in. Loaded gun laws applying to vehicles on roads open to the public have changed over the years, and there are differences in the definitions of loaded between the Fish and Game Code and the Penal Code. Long guns are considered to be loaded “when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine” (FGC, section 2006). 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.

So if you are in a vehicle along a public roadway while hunting, the Fish and Game Code does not prohibit rounds in the magazine of the rifle or shotgun, but rounds in the firing chamber would violate Fish and Game Code section 2006. The situation is different when you’re not hunting though. The Penal Code treats a firearm as loaded when a round is in the magazine, and Penal Code section 25850 provides that “a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.”


Fishing with live minnows purchased at a bait shop?
Question: I know it’s illegal to move live finfish, so how can it be legal to use live minnows purchased from a bait shop for sport fishing in inland waters? (Mike R.)

Answer: It depends upon what area of the state the minnows are purchased in and where they are used. The term “minnow” often refers to many different species of small baitfish, some of which belong to the minnow family. Some lakes no longer allow the use of live bait due to possible water contamination (quagga or zebra mussels) in the water containing the bait fish. Depending upon where in the state you plan to use the minnows and, more specifically, which species of minnow (e.g. longjaw mudsucker, fathead minnow, Mississippi silverside, etc.), you will need to check the appropriate baitfish regulations that apply to the specific waters where you intend to fish. Please check sections 4.00 – 4.30 on pages 16-18 in the 2016-2017 Freshwater Sport Fishing Regulations handbook for these regulations.

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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.