Tag Archives: hunting

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.

Fish Carcasses for Bait?

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

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

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

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

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


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

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


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

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

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


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

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


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

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

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

Rainbow Trout/Steelhead vs Coastal Cutthroat Trout

Steelhead fishing (Photo courtesy of Ken Oda)

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

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

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

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

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

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


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

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


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

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


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

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

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

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

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.

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

When and Where is Nonlead Ammunition Required?

Turkey strut (Photo by Carrie Wilson)

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

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


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

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

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

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


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

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


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

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


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

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


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

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

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

Catching Crabs with a Chicken Leg?

Dungeness crabs (ODFW photo)

Dungeness crabs (ODFW photo)

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

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


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

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


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

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

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

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


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

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

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

“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.