Tag Archives: hunting

Properly Catching and Releasing Fish while Taking Photos?

(CDFW file photo by Roger Bloom, Heritage and Wild Trout Program)

Question: My friends and I are all fly fishermen who promote catch and release fishing rather than taking fish for consumption. Many other fishermen, fishing guides and lodges, as well as most fly fishing magazines also claim to share this philosophy but then publish untold numbers of photos of people holding the fish they’ve caught. Typically these photos reveal the fish being held for quite a few seconds out of water, and clearly their slime barrier is being broken by the clutching hands. I wonder how many fish handled in this way ultimately die from the stress of being caught, held out of water and having their protective coating compromised. While growing up, I was taught if you break the slime barrier, the fish will likely die. Is this true? Moreover, most anglers I know count successful days of fishing as catching (and releasing) as many fish as possible. If you consider the increased probability of a fish dying from being caught and held, multiplied by the number of fish caught, there could be a lot of mortality which goes directly against the point of catch and release. Can you please provide some information on this issue? (David W.)

Answer: While many photo layouts suggest prolonged time out of water, it can obviously vary greatly. According to Senior Environmental Scientist Jeff Weaver, a good rule of thumb is to hold your breath when you lift the fish and get it back into the water before you run out of breath. Wetting hands before handling fish is probably the most effective method to minimize damage to the slime coating. Handling fish with dry hands generally removes at least some areas of this protective barrier, subjecting the fish to increased risk of fungal or other infection (though not necessarily mortality). If extra time is needed to set up the photo or make adjustments to correct for lighting problems, etc. the fish should be retained under water in a net for as much time as possible.

Steelhead (Photo by Ken Oda)

There are four important practices that will help reduce mortality: 1) keep most of the body of the fish in the water while photographing it, particularly the opercula and gills so they remain oxygenated, 2) always hold the fish with wet hands underneath the pectoral fins (near the head) and at the caudal peduncle (narrow part just forward of the caudal or tail fin) to avoid injury to the vital organs in the belly, and 3) assuming you have a fishing partner that will serve as photographer, have them get the camera settings ready and set up the frame of the picture while the fish is retained underwater in a net. Quickly remove the fish from the water for a picture and return it to the net to rest and respirate for some time, then lift it again for another shot (only if necessary to get a good photo), and 4) always recover the fish before releasing it to the point that it can swim of its own accord and remain upright. If necessary, hold the fish with the mouth facing upstream in an area with adequate flow to ensure thorough oxygenation of the gills.


When transporting turkeys home, which parts are required for ID?
Question: What portions of a turkey is a hunter required to retain for identification purposes? I’m not sure that “plucking a turkey in the field but leaving the beard attached” is sufficient to stay legal when transporting. While keeping the beard would certainly help identify, I believe a fully feathered head or wing is the actual requirement. In fact, if a hunter chooses to pluck both wings and leave the “fully feathered head” attached, would that be enough proof for identification purposes? Please advise. (Blake D.)

Answer: Hunters are not required to retain the turkey’s beard. However, “all birds, including migratory game birds, possessed or transported within California must have a fully feathered wing or head attached until placed into a personal abode or commercial preservation facility or when being prepared for immediate consumption” (California Code of Regulations Title 14, section 251.7).

Since the law only authorizes the take of bearded turkeys during the spring season, the California Department of Fish and Wildlife (CDFW) recommends leaving the beard attached during the spring season (CCR Title 14, section 300).


How to properly preserve and transport Pacific halibut?
Question: I’m planning some trips this year to fish for Pacific Halibut. If we should happen to catch one of any size, what is the legal way to transport a fish if it won’t fit in a cooler? Could it be filleted, and if so, when could that be done? I’m very particular about preserving fresh fish properly as soon as it’s caught. (Ross B.)

Answer: You may not fillet your Pacific Halibut when on your boat or before you land the fish (Fish and Game Code sections 5508-5509). Once ashore, there are no restrictions on filleting your fish into the size and conformity you want.


Video recording crab traps?
Question: Are there any regulations or restrictions regarding using video cameras (GoPros) on crab traps or lobster hoop nets? (Josh F.)

Answer: No, there are no fishing regulations that prohibit use of a video camera while fishing.

# # #

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.

# # #

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

Catching Crabs with a Chicken Leg?

Dungeness crabs (ODFW photo)

Dungeness crabs (ODFW photo)

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

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


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

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


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

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

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

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


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

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

# # #

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.

# # #

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.

# # #

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.

# # #

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.

Cooking Crabs Aboard my Boat

Dungeness crab (Photo by Carrie Wilson)

Dungeness crab (Photo by Carrie Wilson)

Question: I occasionally spend three days (and two nights) aboard my boat (fully self-contained) on Tomales Bay. Is it legal to cook all or part of your day’s limit of crabs or fish while on board as long as you keep the top shells or full-length filleted fish carcasses as proof of size and limits? I’ve never cooked fish or crab aboard my boat but I’ve always wondered if it was legal. (Dennis G., Placerville)

Answer: Yes, this is permissible. Basically, each licensed person on your boat may only be in possession of one limit of crabs or fish at any time. And while in possession, the fish or crabs must be in a state where the species and size can be readily determined. Once they have been prepared for immediate consumption, carcasses and carapaces may be discarded. But a person who chooses to consume any portion of their legal limit of crabs or fish taken on that day may not take additional crabs or fish until the next day. Taking additional crabs or fish on the same day would result in an overlimit.


Can medical marijuana card holders hold a hunting license?
Question: Is a person who possesses a medical marijuana card legally prohibited from having a hunting license? If so, are there different hunting licenses required by those who archery hunt vs those who hunt with a firearm? (Mario R.)

Answer: According to California Department of Fish and Wildlife (CDFW) Captain Patrick Foy, fish and wildlife laws don’t prohibit a person with a medical marijuana card from obtaining a hunting license. However, the Fish and Game Code (FGC) and common sense prohibit a person from hunting while under the influence (see FGC, section 3001.) There are also regulations relating to use and possession of marijuana on CDFW lands, including those who are in possession for medicinal purposes (see California Code of Regulations Title 14, section 550(x)(2)).

A California hunting license authorizes a person to hunt with any legal method of take. There are a few specific hunts and tags that require a person to use only archery, but the same hunting license is used. All archery hunters are encouraged to take an archery education class in addition to regular hunter education, but it is not required.


How many lobster hoop nets?
Question: How many hoop nets can a person use at one time? On piers and jetties the rule is one hoop net and one fishing pole or two hoop nets, right? I want to be sure I am complying with California laws. (Anonymous)

Answer: On designated public piers and jetties, you’re allowed to use no more than two appliances at a time. That means: 1) one rod and one hoop net, 2) two fishing rods, or 3) two hoop nets at a time (see CCR Title 14, section 1.88 at page 25 in the 2016-2017 Ocean Sportfishing Regulations booklet for the definition of “public pier”).

When it comes to hoop nets fished from a nonpublic jetty or boat, “Between Point Arguello, Santa Barbara County and the United States-Mexico border, not more than five hoop nets … shall be possessed by a person when taking spiny lobster or crab, not to exceed a total of 10 hoop nets possessed when taking spiny lobster or crab, per vessel. The owner of the hoop net or person who placed the hoop net into the water shall raise the hoop net to the surface and inspect the contents of the hoop net at intervals not to exceed two hours” (CCR Title 14, section 29.80(b)).


Gun concealed in glove box while archery hunting?
Question: As a concealed carry permit holder, is it legal to have my gun stored in my vehicle (glove box) while archery hunting? (Birgit G.)

Answer: The answer to your question depends upon what you are hunting and whether you are hunting from your vehicle. The general rule is that “archers may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery only tag” (CCR Title 14, section 354(h)). Similarly, during archery season a deer hunter cannot legally “carry, nor have under his or her immediate control, any firearm of any kind” (FGC, section 4370). These provisions would allow you to leave your handgun in your vehicle as long as you are not hunting from your vehicle.

As of Nov. 11, 2016, a different rule went into effect when taking resident small game. Regulations now authorize the “lawful possession of a concealed firearm pursuant to a concealed carry permit” when hunting resident small game during any archery season (CCR Title 14, section 311). (187)

# # #

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