Tag Archives: fishing tackle

Bait Launching with a DIY Spud Gun?

Pneumatic potato guns that use compressed air are legal as long as they are not used like a weapon (e.g. shot at a person, etc.) (Creative Commons photo)

Question: Is the use of bait launchers legal in California? I have seen many videos and DIY plans showing how to build fishing bait launchers. They look pretty much like a potato gun but are used only for propelling the bait past the surf for a chance at the larger fish. They are made of PVC pipe and filled with air, probably from a bike pump. Its only purpose is for getting the fishing bait out farther than one can cast. I would imagine that certain areas would be opposed to their use, but in general, are these legal to use? (Daniel N.)

Answer: Potato-style guns like you are referring to are legal under federal law. However, under state law, potato guns that use combustion (instead of compressed air) to launch the projectile are “firearms,” and one with a bore of over 0.5 inches is a destructive device.

Pneumatic potato guns that use compressed air are legal as long as they are not used like a weapon (e.g. shot at a person, etc.), so this line launching device would be legal under state and federal laws. However, you should check for local city and county ordinances because some local governments prohibit use of any devices that propel projectiles. If you intend to use this line launching device on a state beach, you may also want to consult State Parks. And if you plan to use it to fish within a National Marine Sanctuary, I suggest you check in with that Sanctuary office to be sure they do not prohibit these types of devices.

As far as using it to cast a fishing line, nothing in the Fish and Game Code or its implementing regulations prohibit using this compressed air launcher as long as the fishing line remains attached to a rod and reel, or the person is brave enough to hold the other end of line in their hands!


Catching crabs both inside and outside San Francisco Bay
Question: Let’s say I’m in the ocean at Baker Beach in San Francisco and I catch a Dungeness crab. Then I want to go fishing and crabbing nearby at Ft. Point Pier (just inside the bay) or Aquatic Park. Basically, I don’t want to leave my crabs in the car for hours, and I have one bucket with an aquarium pump to keep all the crabs in. Can I bring the bucket with the crab onto that pier or will a California Department of Fish and Wildlife (CDFW) warden presume I caught it there? And similarly, would leaving it in the parked car be allowed or would they presume it was from that area? (Fred D.)

Answer: “Dungeness crab may not be taken from or possessed if taken from San Francisco Bay and San Pablo Bay, plus all their tidal bays, sloughs and estuaries between the Golden Gate Bridge and Carquinez Bridge” (California Code of Regulations Title 14, section 29.85(a)).

Based upon the scenario you describe of having Dungeness crabs in possession in a prohibited area, you could get into trouble if you have Dungeness crabs on the pier with you or while returning from a prohibited area with fishing equipment. As per Fish and Game Code, section 2000(b): Possession of a bird, mammal, fish, reptile, amphibian, or part of any of those animals, in or on the fields, forests, or waters of this state, or while returning therefrom with fishing or hunting equipment, is prima facie evidence the possessor took the bird, mammal, fish, reptile, or amphibian, or part of that animal.

CDFW recommends that you first fish in the more restrictive area (the Bay), then move outside the Bay to fish for Dungeness crab to avoid any misunderstandings or extra scrutiny by wildlife officers. But, what you describe is not prohibited, and experienced local wildlife officers will be able to tell the difference between freshly caught crab and those that have been in your bucket for hours.


Transporting a compound bow
Question: What are the requirements to legally transport a compound bow? (Antoine R.)

Answer: “No person may nock or fit the notch in the end of an arrow to a bowstring or crossbow string in a ready-to-fire positon while in or on any vehicle” (CCR Title 14, section 354(i)).


Lost fishing license
Question: I purchased a fishing license a couple of months ago but now cannot find it. I do have a picture of it. How can I get a copy of my original? (Dee D.)

Answer: Go to any License Agent or CDFW License Sales Office to buy a duplicate sport fishing license. A small fee is charged for each duplicate validation. If you lose your Abalone Report Card or Sturgeon Fishing Report Card, you can obtain a duplicate from CDFW license sales offices only. You must complete an Abalone Report Card Affidavit (PDF Form) and pay the duplicate fee to replace an Abalone Report Card. You must complete a Sturgeon Fishing Report Card Affidavit (PDF Form) and pay the duplicate fee to replace a Sturgeon Fishing Report Card. Duplicate fees are listed on the license description page.

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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 are Turkeys Nesting?

Wild spring turkeys (Photo by Carrie Wilson)

Question: I know that turkeys roost in trees at night and that this is their courtship and nesting season, but where do they nest and for how long? We’re seeing lots of toms running around right now but not many hens. I’ve not found any sitting on nests. When can we expect the newly hatched chicks to be out and on their own? (Dwayne J.)

Answer: In most areas, nests can be found in a shallow dirt depression surrounded by moderately woody vegetation that conceals the nest. Hens look for locations close to food and water and with ample cover to safely conceal the hen and her poults (chicks) once hatched. Hens are very leery of predators, such as coyotes and fox, but do leave the nest unattended for brief periods to feed and drink.

Hens typically lay a clutch of 10 to 12 eggs during a two-week period, usually laying one egg per day. She will incubate her eggs for about 28 days, occasionally turning and rearranging them, until they are ready to hatch.

A newly hatched flock must be ready to leave the nest to feed within 12 to 24 hours. Poults eat insects, berries and seeds while adults will eat anything from acorns and berries to insects and small reptiles. Turkeys usually feed in early morning and in the afternoon.

For more on wild turkeys, please see our “Guide to Hunting Wild Turkeys in California” publication online as well as the National Wild Turkey Federation website.


How to catch spot prawns with only a half-inch trap opening?
Question: I took a look at a few online California Department of Fish and Wildlife (CDFW) articles about traps, mesh sizes, etc. Once I saw that other types of shrimp traps have a logical trap opening size compared to the size of the shrimp, I began to wonder if the regulations might have an error.

Can you verify if there has been some sort of error in defining the half-inch opening of the trap as the mesh size of the trap? If this is the case, the size of the opening of the spot prawn trap should be more in line with other shrimp traps. If the opening of the shrimp traps could be in the 3-5 inch range with an alum hoop as the standard, recreational spot prawn trap fishing would be as enjoyable as lobster hooping. (Geoff H.)

Answer: The trap openings cannot exceed a half-inch as you’ve noted, and the regulation has not changed. “Shrimp and prawn traps may be used to take shrimp and prawns only. Trap openings may not exceed one half-inch in any dimension on traps used south of Point Conception nor five inches in any dimension on traps used north of Point Conception” (California Code of Regulations Title 14, section 29.80(f)). The reason for the difference in opening dimensions is to protect juvenile lobsters (found south of Point Conception) from being incidentally taken in these traps.


Does a licensed fishing guide’s son need a guide fishing license, too?
Question: I’m a licensed fishing guide on the upper Sacramento and Feather rivers. Is it legal for my son to help me on my vessel while I’m guiding? I’m seeing that there is a guide employee permit but in this situation that permit doesn’t seem right. Is there a deckhand permit where he can help me and help other friends in their boats that are guided also? He’s not being paid; he’s just there for the experience. (Michael T.)

Answer: If he is not collecting a fee or accepting tips, then he would not meet the definition of an employee as he is a family member and simply a volunteer. However, if he took any kind of compensation, then he would technically be an employee and subject to those licensing requirements. If he is assisting people by casting or fishing and he’s 16 years old or older, then he will need to have a fishing license.


Kangaroo leather motorcycle gloves
Question: I got my motorcycle gloves back in 2014-2015 and the palm area and parts of the digits incorporate kangaroo leather. I don’t intend to sell them but I’m OK to possess and wear them, right? (Anonymous)

Answer: Yes, you are fine as long as you do not have any intention of selling them. It is illegal to “import into this state for commercial purposes, to possess with intent to sell or to sell within the state, the dead body, or any part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx or elephant” (Penal Code, section 653o).

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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.

When to Use a Crossbow?

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

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

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

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

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

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


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

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

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

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


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

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


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

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

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

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

Hoop Netting for Crabs off California Piers

Dungeness crab (DFG photo)

Dungeness crab (DFG photo)

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

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

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

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

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

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


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

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


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

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


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

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

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

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

Importing native snakes to control ground squirrels?

California Ground Squirrel (USFWS photo)

California Ground Squirrel (USFWS photo)

Question: We have a small orange grove in Ventura County that has been overrun by ground squirrels in the past few years. Is there any legal method of “importing” king snakes or gopher snakes onto our property to help control the squirrel population? (Darrell J., Ventura County)

Answer: Unfortunately, we don’t allow the release or relocation of snakes into the wild without specific authorization, and at this time we do not allow it for bio-control such as you are requesting. According to CDFW Amphibian and Reptile Conservation Policy Coordinator Laura Patterson, “We’d have to evaluate what else they may eat that could be sensitive, make sure they’re disease-free and that they are genetically similar to the local snakes.”

If the property where you live is hospitable, we’d assume you have gopher and king snakes there already. However, if they’re not currently there, perhaps the site is just not suitable for them. These snakes naturally occur in most places where the habitat and prey sources can support their survival.

The only circumstances in which we might allow snakes to be relocated would be if there was a development nearby, and the snakes would otherwise be killed by construction. In a case like this, we might allow them to be relocated to another property nearby.


Hunting on property not posted with “No Hunting” signs?
Question: Can I hunt on property that is fenced but not posted with “No Hunting” signs without specific permission from the landowner? (Anonymous)

Answer: No, it is unlawful to trespass onto fenced property for the purpose of discharging any firearm or taking birds or mammals without the written permission of the landowner or other authorized person.

Fish and Game Code regulations specifically state that if property is owned by another person and is either under cultivation or enclosed by a fence, you need written permission (Fish and Game Code, section 2016). This law also applies to land that is not fenced or under cultivation but is posted with no trespassing or no hunting signs. A simple guideline is to respect crops, fences and signs, and in any other circumstance that makes you wonder about hunter access, seek out the landowner and ask for permission. In cases involving publicly owned property (game refuges, state wildlife areas, etc.), specific written permission may or may not be required.


Sea urchin sport harvesting?
Question: I’m looking for confirmation regarding the recreational take of sea urchins. Is it correct that they can be taken with a California sport fishing license as long as they are not taken in marine protected areas? Also, that the daily limit is 35 urchins and size does not matter so I will not be required to carry a measuring gauge like with abalone diving? Is all of this correct? (Dan L.)

Answer: Yes to all above. Sea urchins are legal to take in California with a sport fishing license. The season is open year-round for all species of urchin. The limit is 35 urchins per day/in possession and there is no size limit (California Code of Regulations Title 14, section 29.05). Sea urchins can be taken only on hook and line or with the hands (CCR Title 14, section 29.10). These regulations can be found in the Ocean Sport Fishing Regulations booklet, along with the marine protected areas in California that are closed to the take of sea urchins.


Why can’t hunters buy extra preference points?
Question: I’ve noticed in other states that hunters are allowed to buy preference points. Why can’t hunters in California buy extra preference points like elsewhere? (Noel)

Answer: The California Department of Fish and Wildlife (CDFW) does allow hunters who do not wish to apply for a premium hunt in a specific year to essentially “buy” a preference point by applying in the drawings for a preference point. These are only for deer, elk, antelope or bighorn sheep. Hunters can only obtain one point per year and cannot obtain points for previous years in which they did not apply.

According to Tony Straw from CDFW’s Automated License Data System Unit, CDFW’s Modified Preference Point System was established to reward persistent, unsuccessful applicants and provide a predictability of when a hunter will be drawn for their premium hunt choice, while still providing some opportunity for new hunters.

If a system of “buying extra preference points” was implemented, it would remove the predictability of winning a premium hunt because the number of hunters at the various point values would be inconsistent each year (it would depend upon the number of hunters purchasing additional points). Additionally, the advantage gained by a hunter who consistently applied without success over the years would be significantly reduced in a single year as other hunters at lesser point values purchased additional points.

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

Human-Powered Boats?

(Photo courtesy of David A. Jones, Ducks Unlimited)

(Photo courtesy of David A. Jones, Ducks Unlimited)

Question: I have a question regarding a human-powered boat for duck hunting. I understand from the regulations that sails and motors can’t be used, but paddles and oars can. My boat has a prop for propulsion, but it isn’t gas or battery powered. Instead, it has bike pedals so I power it with my legs. It’s called a drive so would that be considered a motor? I am wondering if the “spirit of the law” originally allowed for the use of human power, but because pedals weren’t thought about when the law was written, they aren’t specifically mentioned under the “letter of the law.” How would this be enforced? Would I be OK to use it? (Doug T.)

Answer: Your drive may give the impression that your boat is under power, so if you are checked in the field, I would expect that you would be thoroughly inspected to determine the source of propulsion.

Regulations generally prohibit the take of “any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile” (California Code of Regulations Title 14, section 251). However, take is allowed if “the motor of such motorboat, airboat or sailboat has been shut off and/or the sails furled and its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor or is being propelled by paddle, oar or pole.”

Since our regulations don’t define what a “motor” is, courts would interpret the word by looking at the dictionary. Most definitions of motor seem to point to a machine or engine. However, many definitions refer to devices that convert one kind of energy into mechanical energy to produce motion. Given this potential ambiguity, many wildlife officers would likely not cite you for shooting from your human powered boat. But, to avoid the potential of being cited, the California Department of Fish and Wildlife (CDFW) recommends you take the propeller out of the water in addition to being stopped while actively hunting.


Lobster double limits?
Question: What form will I need to obtain in order to possess double limits of lobster and what requirements are there? Thank you. (John K.)

Answer: The daily bag and possession limit is seven lobsters. Generally, the law only allows a person to possess a single limit (CCR Title 14, section 1.17). The only exception would be for multi-day trips as authorized under CCR Title 14, section 27.15. This section requires you to submit a Declaration for Multi-Day Fishing Trip to CDFW and to keep a duplicate on the vessel. The trip must be continuous and extend for a period of 12 hours or more on the first and last days of the trip. If you were diving for lobster for 12 hours or more before midnight on the first day of your trip, then you would be able to take your second day’s limit after midnight, as long as your trip extended for at least 12 hours on the second day as well.

The multi-day fishing declaration process is intended to allow persons fishing offshore, on a trip that lasts multiple days, to catch and keep up to three daily limits of finfish, lobster and rock scallops (in Southern California). In addition, no berthing or docking is permitted within five miles of the mainland shore, including Catalina Island. If passengers disembark the vessel to spend time ashore in Avalon, the trip is not continuous and the permit is invalid. This is the intention of the section when it talks about not berthing along the mainland shore.


Are artificial fish scent attractants considered bait?
Question: Are products like artificially scented fish eggs considered “bait” when it comes to areas where the regulations call for artificials only? My guess is they would be considered bait, but what about just plastic salmon egg imitations with no scent? Does scent play into the regulations at all? (Mike S.)

Answer: An artificial lure is “a man-made lure or fly designed to attract fish. This definition does not include any scented or flavored artificial baits.” (CCR Title 14, section 1.11). This means attractants may not be applied to the lure while fishing in waters restricted for artificial lure use.

In addition, some people spray WD-40 on their lures. This substance contains petroleum and is specifically prohibited by law to be deposited or introduced into the waters of the state (Fish and Game Code, section 5650).


Pistol on a wildlife area?
Question: Is it legal for me to have a pistol unloaded and locked up in my truck while hunting at a wildlife area for ducks (for example, in the Mendota Wildlife Area)? (David R.)

Answer: Yes, as long as the pistol is securely locked and stowed.

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