Tag Archives: kelp

Backyard Dove Hunting with Judo Point Arrows?

Eurasian Collared Dove (Creative Commons photo)

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

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


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

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

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


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

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


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

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

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

Dropping Dungeness Crab Traps Before the Opener?

Dungeness crabs (CDFW photo by Christy Juhasz)

Dungeness crabs (CDFW photo by Christy Juhasz)

Question: Is it legal to drop Dungeness crab gear prior to opening day? I’ve heard it’s legal to drop gear the day or night before opening day to let it soak overnight. I looked in the Ocean Sport Fishing Regulations booklet but couldn’t find anything indicating whether this is legal or not. If it is legal, how long before opening day can it be dropped? And how early can it be retrieved? (Fred S.)

Answer: Dungeness crab gear may not be set prior to the recreational fishing season opening date, which this year is Saturday, Nov. 1 at 12:01 a.m. (see California Code of Regulations, Title 14, section 29.85(a) and the definition of take in Fish and Game Code section 86.) Anyone setting gear prior to this date and time may be cited for attempting to take crab out of season.


Electronic spinning decoys for doves
Question: I have contacted you before and you have always been very helpful on hunting and fishing questions. This time I have one regarding dove hunting as a friend of mine wants to purchase a battery-powered spinning decoy for dove hunting for the next dove opener. Is it legal to use that type of a powered decoy for doves? They don’t seem to be the smartest of birds and may be too easily attracted to that decoy. Thanks for your help. (Joe A., Antioch)

Answer: There are NO prohibitions on electronic spinning decoys for dove hunting. The prohibitions for electronic vs wind-driven decoys are only for waterfowl from the beginning of the waterfowl season through Nov. 30.

So, tell your buddy he has the thumbs-up to go out and buy a battery-powered spinning decoy to use for dove hunting. Eurasian collared-doves are now open all year with no limits. The season for mourning, white-winged, spotted and ringed turtle doves reopens Nov. 8 and runs through Dec. 22.


Kite fishing?
Question: I live in the San Francisco Bay/Delta region and was wondering if there are any Fish and Game restrictions regarding “kite fishing.” We would like to use these specially modified kites to help us get our lines out farther than the distance we could normally cast them. Outside of local ordinances regarding powerlines and second rod licensing, is there anything that would prevent me from using a kite to get my line further away from the shore into deeper water? (Neil N.)

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 to get your line out to where the fish are.

Littering is a concern, however. Anglers have been cited for using a balloon and then releasing the balloon when a fish is hooked, or when the line reaches the desired distance from shore.

As long as you are not releasing (or losing) your kite in the process, there is nothing in Fish and Game regulations that would prevent you from using a kite in this manner. There may be local (city or county) ordinances that pertain to this, however, so please check with local authorities.”


Shotgun hunting for upland game during archery-only deer season?
Question: I have located a number of good band-tailed pigeon roosts in a remote area where I hunt with my A31 late season archery tag. It’s so remote that this year I plan to backpack in and camp in the area. If a friend wants to come with me who does not bow hunt but wants to take their shotgun to take a band-tailed pigeon, would I be allowed to use their shotgun to take band-tail if I left my A31 tag and bow back at camp for a morning? I feel confident this would be legal if we were “car camping” but I am not sure how this would be viewed legally as I will still technically be “in the field” on an archery hunt. (Stephen M.)

Answer: This would be fine once the season for band-tailed pigeons reopens unless you in an area of Los Angeles County where firearms might be prohibited.


Collecting sea palm that’s washed up on the beach?
Question: If I find some sea palm washed up on shore, can I keep it? I know you can’t pick sea palm recreationally, but since this was already dead, I see no harm in gathering. But is it legal? I know you can keep bull kelp when it washes up, so I was wondering if this was similar. (Hank S.)

Answer: The law prohibits cutting or disturbing sea palm (CCR Title 14 section 30.10). While possession of dead sea palm is technically not prohibited, removing live sea palm from the water would likely result in a citation.

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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.

What Defines Wanton Waste?

Deer poaching (CDFW photo)

Hunters must make reasonable efforts to retrieve edible portions of game birds and game mammals. After an animal is harvested, no portion of the flesh usually eaten by humans can be left, either through carelessness or neglect, to go needlessly to waste. (CDFW photo)

Question: Is there a place in the regulations that talks about what I’ve heard hunters call “want and waste”? Can you point me in the right direction for the regulations if such a regulation even exists? The question comes up because my hunting partners and I often argue about what is and is not considered edible on a deer. Could I get a ticket because I do not eat the lungs or the liver or heart? Some people I know feel the ribs are not even worth eating. What is the definition of waste? I’ve heard someone say 30 percent can be left in the field but I’ve never seen what the regs say about the specifics of what you could possibly get a ticket for not taking home to eat. (Anonymous)

Answer: In California, hunters must make reasonable efforts to retrieve edible portions of game birds and game mammals. After a hunter has harvested an animal, the law requires that no portion of the flesh usually eaten by humans can be left, either through carelessness or neglect, to go needlessly to waste. Harvesting any deer and detaching or removing from the carcass only the head, hide, antlers or horns while leaving edible parts to needlessly go to waste, is deemed to be “wanton waste” and the hunter can be cited (Fish and Game Code, section 4304). The intent of the law is to prevent trophy hunting and to stop people from taking animals just for mounts.


Why are Dungeness crabs in San Francisco Bay protected?
Question: Why it is illegal to keep Dungeness crabs from San Francisco Bay? (Judy K.)

Answer: San Francisco Bay is an important Dungeness crab nursery area, so that’s the reason this area has always been considered off limits to the take of Dungeness crab by both sport and commercial fishermen.


Baited traps to catch bait fish?
Question: Can baited traps, such as a minnow traps, be used to catch surf smelts, anchovies or sardines to use as bait? I will be fishing in Southern California in Orange, Los Angeles or San Diego counties. (Jackson T.)

Answer: No. Baited traps can be used only for the take of shiner surfperch, Pacific staghorn sculpin and longjaw mud suckers in San Francisco and San Pablo bays and their tributaries, and in the open ocean and the contiguous bays of Mendocino, Sonoma and Marin counties. In addition, traps cannot be over three feet in greatest dimension. Any other species taken must be returned to the water immediately (California Code of Regulations Title 14, section 28.80.)


Access rights through public land?
Question: Can someone hunt on a riverbank that is considered public land if the person entered through a legal public access or had been given permission by another property owner up river? Can the property owner down river run me out? (Anonymous)

Answer: If the riverbank is clearly public land and you accessed it legally, the landowner should not run you out. It is not legal for someone to interfere with a legal hunting activity (Fish and Game Code, section 2009.) The neighboring landowner should not run you out either unless you are on his/her land. Keep in mind that riverbanks and the beds of rivers beneath streams and lakes are often deeded to be “land” in California, and thus you may actually be trespassing. In addition, depending on the location, there may be local ordinances that would prohibit you from hunting in these areas. You might also check with the agency that has jurisdiction over the land or look up their regulations to make sure that hunting is allowed on the public land you are using. There is also the concern of game retrieval. While you may be able to access the river section, should the game you take land on private property that you do not have permission to be on, you could find yourself in a situation where you engage in either hunter trespass, or if you fail to retrieve the animal, waste of game. Both of these situations constitute citable offenses.


Picking seaweed
Question: Is it legal to pick seaweed along the Mendocino coast? (Raymond L.)

Answer: Yes. Generally, up to 10 pounds wet weight per day may be harvested per person (with no more than 10 pounds in possession at any time). Exceptions include the following prohibited species: sea palm, eel grass and surf grass. However, there are marine protected areas (MPAs) where the take of all living marine resources are prohibited (e.g. Point Cabrillo State Marine Reserve, Ten Mile State Marine Reserve, etc.), so be sure you are not in a restricted area before harvesting seaweed. For information about MPAs, please visit www.dfg.ca.gov/marine/mpa/.

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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 Cal.Outdoors@wildlife.ca.gov.