Tag Archives: fishing

Are Green Lobsters Safe to Eat?

(CDFW photo by Derek Stein)


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

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

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


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

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


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

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


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

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

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

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.

“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.

Waterfowl Hybrid Limits?

Pintail drake (USFWS photo)

Pintail drake (USFWS photo)

Question: When hunting waterfowl in California, how do hybrid ducks and geese count toward species limits? For example, the first duck of the day someone shoots looks like a cross between a pintail and a mallard. Would that hunter be within his/her limit to shoot another two pintail? Another example would be if a hunter was within the Special White Fronted Goose Zone and shot a goose with both Canada goose and White Front features. I’ve heard other hunters claim everything from you can consider it the more restricted species, to it’s an “other” duck on a refuge kill card/entry permit, to it’s the species with fewer restrictions. (Andy D.)

Answer: The bird will count towards your daily bag limit, and if it looks like a pintail, it will count towards your pintail limit. Always consider the most conservative approach to your limit even if you think you might have a hybrid. Your best bet would be to consider it the more restricted species.


Halibut fishing out of Tomales Bay during a groundfish closure?
Question: I want to fish for California halibut from a boat out of Tomales Bay near Bird Rock or Elephant Rock or go out of the Gate. I used to fish for them whenever herring, squid or anchovy would come in to spawn during the winter or spring. The halibut would lay in wait as the forage fish came through, usually from January through April or May.

I haven’t done this kind of fishing for a long time (years in fact) because no one wants to go out there in the wintertime when no one else is fishing and we are absolutely alone at sea. My fishing buddy wants to go but is worried that we would be cited for targeting lingcod or rockfish. I told him that as long as we were not keeping anything except the halibut, we would not be cited. We wouldn’t be doing anything wrong. But he repeated that he was worried that we would have no protection against being cited because we were out there during the closed groundfish season.

Can we be cited for targeting groundfish as long we do not keep any incidentally caught groundfish? Or, how about steelhead or Pacific halibut or canary cod or anything else that you are not allowed to keep? (Jerry Z.)

Answer: Warmer ocean water temperatures have made some interesting adjustments to the ocean and fish distribution in recent years. During the summer months when the water warms, more halibut move into Tomales Bay. You know that the sandy bottoms are where the halibut hang out. You indicated fishing the Bird and Elephant Rock areas, so keep in mind there are a lot of underwater rock croppings there. That’s where the rockfish and lingcod hang out.

According to local California Department of Fish and Wildlife (CDFW) Lt. Jim Jones, incidental catch is not a violation. However, once you do catch a species that is prohibited, it’s recommended that you leave that area. If you continue to fish and catch fish you are not targeting, you could be cited.

If you are fishing during a closure (such as now) and start catching lingcod and rockfish, even if you are fishing catch and release, you could receive a citation for targeting those fish, depending on the situation.


Van Duzen River pikeminnow fishing regs?
Question: After a short 35-year hiatus, I have decided to return to sport fishing. I live within walking distance of the Van Duzen River and my friends tell me it is “infested” with pikeminnow, a non-native and destructive predator of salmonid eggs in this watershed. I have tried to read the regulations online but am confused as to the restrictions on this fish in my area. (Tony W.)

Answer: Welcome back! Sacramento pike are a California native species, and although they are natural predators of salmonids, they have coexisted in streams for many years.

For regulations on the Sacramento pikeminnow, please check section “5.95. OTHER SPECIES” on page 27 of the 2016-2017 Freshwater Sport Fishing Regulations handbook. Here it states that other species of fish not included in the species-specific regulations may be taken “in any number and at any time of the year by angling,” except for in the closures and restrictions listed under district special regulations. Specific regulations for the Van Duzen River can be found on page 42 of this regulations booklet (California Code of Regulations Title 14, section 7.50(b)(63)(B)). Sacramento pikeminnow (Ptychocheilus grandis) are also referred to by some as Sacramento squawfish.


Selling skulls?
Question: Is it legal to sell skulls and bones from small mammals such as fox, skunk, raccoon, opossum, coyote, badger and bobcats? (Kayla M.)

Answer: No, it is “unlawful to sell or purchase a bird or mammal found in the wild in California” (Fish and Game Code, section 3039). However, “products or handicraft items made from furbearing mammals and nongame mammals lawfully taken under the authority of a trapping license may be purchased or sold at any time.”

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

Kite Fishing

(CDFW photo by Sabrina Bell)

(CDFW photo by Sabrina Bell)

Question: Can you tell me the regulations regarding using a fishing kite from shore or a pier to catch fish? We use these specially modified kites to help us get our lines out farther than the distance we could normally cast them. (Jenny C.)

Answer: There are no specific regulations prohibiting the use of a kite or other windborne device (a helium-filled balloon, for example) to help you get your line out to where the fish are. However, please be mindful of the environment and remember that any items or materials discarded or abandoned could be considered litter. If, for instance, an angler used a balloon to catch a fish and then released the balloon when the fish was hooked — or when the line reached the desired distance from shore — the angler could be subject to citation.

Also, there may be city or county ordinances that pertain to this, so please check with local authorities.


What to do about raccoons visiting my backyard
Question: I live in a residential area and raccoons have begun visiting my backyard at night. They are using my yard as a rest stop in their nightly urban foraging. Our backyard is landscaped including a grass lawn. I am looking for anything short of cages to discourage them. Is there any non-toxic substance I can spread near their entrance/exit point to discourage their visits? They do not appear to be eating or digging up anywhere in the yard, but they’ve adopted my yard as their restroom. I would appreciate any insight or suggestions you may have. (John W., Elk Grove)

Answer: We see an upsurge in raccoon sightings and reports this time of year because youngsters born in the spring are now independent of their moms and the adults are building up their fat reserves for the winter.

According to California Department of Fish and Wildlife (CDFW) Wildlife Biologist Jeff Cann, you should first remove all attractants from your yard such as pet food, dropped fruit, old garden vegetables, and securely close all garbage cans and compost heap containers. Even water can be an attractant this time of year, so if you have a fountain or fish pond, try to make it off limits (e.g. electric fence or dry it out). If the raccoons are coming in through holes in the fence, block those entry points with wire, wood or some other barrier.

Keep in mind that raccoons are excellent climbers and are capable of gaining access to yards by climbing fences or using overhanging limbs to bypass fences altogether. Cutting overhanging limbs may help to keep them from dropping in. If the raccoons are climbing over your fence, one deterrent could be to line the top with spikes or sharp tack strips. An easy way to do this is via carpet tack strips which are essentially a lot of little nails anchored in wood that carpet installers use to stretch carpet over. If you completely line the top of the fence with these then the raccoons will not use the top board as a transit way either. A “hot wire” from an electric fence charger at the top of the fence will greatly increase the effectiveness of a fence for excluding raccoons but you’ll need to find a way to properly ground it.

While these may all seem like extreme measures, the point here is to make your yard less hospitable than your neighbors so the pesky critters will move on.

If you’re looking for chemical detractors, one option you could try is Capsaicin (a chile pepper extract). It’s registered as a repellent for raccoons and may be useful in deterring trash-raiding raccoons.

A great place for more information on all of this is the University of California Integrated Pest Management Program page on raccoons. Good luck!


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

Answer: Processed food, such as licorice, are legal under bait regulations for inland waters where bait is legal (California Code of Regulations Title 14, section 4.00). It is also legal to inject air into a fishing worm and many such kits are found at sporting goods outlets. This method can be a very effective way to keep a worm off the bottom of lakes with heavy bottom vegetation.


Can you lure a lobster with a sardine?
Question: Are you allowed to lure lobsters out of a hole with a piece of sardine in your hand? (David C.)

Answer: Sure, you can give it a try, but I don’t know how successful you’ll be. The law says that skin and SCUBA divers may take crustaceans by the use of the hands only and may not possess any hooked device while diving or attempting to dive for them (CCR Title 14, section 29.80). There is no prohibition against waving snacks in front of them.

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

Carrie is on vacation. This column was originally published Nov. 20, 2008.

Ultra-lights and Fixed Wing Aircraft Harassing Wildlife

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

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

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

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

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

Answer: While there is no specific section in the Fish and Game Code regarding these low-flying aircraft, section 2009 may apply. This section makes it a misdemeanor to willfully interfere with someone who is engaged in the sport of hunting. Given the circumstances you described, this section could be used to prevent these low-flying aircraft from interfering with hunters on state wildlife areas during the open season.

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

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


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

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


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

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

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

Freezing Fish Onboard My Second Home?

Private boat

Even if your boat is your second home, the law allows the take and possession of only one daily bag limit, unless otherwise authorized (Photo by Carrie Wilson).

Question: I do a lot of offshore fishing between Catalina and the Mexico border. After fishing and catching we spend a couple of days in Avalon or San Diego. Since my boat is my second home, is it legal to then filet my fish and freeze it on board my boat? Also, does the same rule apply to yellow fin tuna as to bluefin tuna? (Mike K.)

Answer: It doesn’t matter that your boat is your second home. The law says, “No more than one daily bag limit of each kind of fish … may be taken or possessed by any one person unless otherwise authorized” (California Code of Regulations Title 14, section 1.17).

For all of the rules on filleting fish on a vessel and a list of which fish may and may not be filleted aboard a vessel, please view section 27.65 on pages 34-35 in the 2016-2017 Ocean Sport Fishing Regulations booklet.

Regarding your questions on filleting and freezing yellow fin and bluefin tunas, CCR Title 14, section 27.65(b)(11) states, “For all species of tuna filleted on any boat or brought ashore as fillets south of a line running due west true from Point Conception, Santa Barbara County (34o27’ N. lat.) each fish must be individually bagged as follows:

A. The bag must be marked with the species’ common name.
B. The fish must be cut into six pieces with all skin attached. These pieces are the four loins, the collar removed as one piece with both pectoral fins attached and intact, and the belly fillet cut to include the vent and with both pelvic fins attached and intact.”

Tunas may be kept whole or in a manner that retains these identifying characteristics.


Pet shop fish for bait?
Question: Is it legal to use rosy red minnows from the pet shop for fishing? I have heard of bait shops selling them mainly out of California. I have also heard they are a mutation and don’t breed so they shouldn’t pose a problem. (Kev H.)

Answer: It is not legal to use aquarium or pet store fish for bait purposes, and they may not be planted in any waters of the state (CCR Title 14, section 227). However, rosy red minnows (a color variant of the fathead minnow) sold by a business with a live freshwater bait fish license issued by the California Department of Fish and Wildlife (CDFW) are legal to use in some parts of the state. Baitfish regulations vary by district. To see if you can use fathead minnows in the place you intend to fish, you should review sections 4.10 to 4.30 on page 17 of the 2016-2017 Freshwater Sport Fishing Regulations booklet.


Hammerless muzzleloader?
Question: I am interested in getting into muzzleloading and recently I came across a hammerless muzzleloader that is being offered by Vortex. My question is whether a hammerless muzzleloader is legal to use for hunting in California? (Chris A.)

Answer: Legal muzzleloaders are defined in CCR Title 14, section 353(c) and are described as “wheellock, matchlock, flintlock or percussion type, including in-line” muzzleloading rifles using black powder or equivalent black powder substitute, including pellets, with a single projectile loaded from the muzzle and at least .40 caliber in designation. With a muzzleloader tag, only open or peep sights are legal 353(h). Whether the muzzleloader has a hammer is irrelevant as long as it falls within the definition above. The Vortex rifle is an “in line” muzzleloading rifle.


Finding info on ocean bottom characteristics and habitats?
Question: Please provide me with a list of central and Southern California beaches that have the sandiest ocean bottoms and the least amount of rock formations. Additionally, if you are able, can you also include a list that has both the sandiest ocean bottoms and least amount of sea kelp? (Kevin R., California Sport Fisherman)

Answer: Yes. There are two resources available that you may want to check for this information.

  • CDFW Fishing Guide. The guide is available in mobile and desktop versions. Both have the same data included. You will find common areas for shore fishing with descriptions of target species and some habitats.
  • CDFW MarineBIOS application. This site includes habitat maps that will be helpful in exploring the sites with the most sand and the least amount of kelp. Start by zooming into your area of interest. Then, in the “layers” section under the “Habitats” group, you will find map layers for shore types, predicted substrate and kelp canopy. Turn on those layers by checking the box next to the descriptions. You can view a legend for each layer by expanding the description using the plus or arrow symbol. Detailed directions for interacting with the map can be found in the “help” section at the top right of the page.
  • Google Earth. This amazing resource also offers bathymetry seafloor mapping data of nearshore bottom substrate for most areas.

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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.