Tag Archives: Licenses

Tracking Wounded Game with an Electronic Device?

California mule deer (CDFW photo)

California mule deer (CDFW photo)

Question: Archery season is starting and before we go out I would like to know if it’s legal to use an electronic tracking device that attaches to an arrow to help track our game. The tracking device separates from the arrow as the arrow contacts the target animal and then enables the hunter to better follow the wounded animal. Are these legal to use? Thanks for any help. (Jared T., Red Bluff)

Answer: No, unfortunately, they are not legal to use. The regulation below restricts the use of computerized or telemetry types of devices to track big game mammals. Because of this, the device you describe is not legal to use in California at this time.

“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. Additionally, no person shall use any motorized, hot-air, or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing until 48 hours after any big game hunting season in the same area. No person shall use at any time or place, without Department approval, any computer, telemetry device or other equipment to locate a big game mammal to which a tracking device is attached.” (California Code of Regulations Title 14, section 251).


Recorded abalone harvest data wrong on abalone report card
Question: After abalone diving in Mendocino last weekend, I didn’t realize until too late that when I tagged my abalone I mistakenly recorded my abalone catch incorrectly on my abalone report card. I recorded them out of order in the wrong column and then used the corresponding wrong tags. This meant I skipped three of the lower numbered tags. The tags are still on the report card and corresponding recording fields on the report card are still empty. Can I go back and use those missed tags for my next trip? (Atsu I.)

Answer: No, the law requires that “Tags shall be used in sequential order, and shall not be removed from the report card until immediately prior to affixing to an abalone. Any tags detached from the report card and not affixed to an abalone shall be considered used and therefore invalid” (CCR Title 14, section 29.16(b)(4)). You are also required to write “Void” on the Abalone Report Card in the spaces you skipped and then dispose of the three corresponding tags. This is because the law also says, “…(5) No person shall possess any used or otherwise invalid abalone tags not attached to an abalone shell.”


Permit required for fishing contests?
Question: Our club would like to hold a halibut derby in San Francisco Bay and we need information on permits. When and where are they needed and what are the requirements? Do we need a permit for a halibut derby in the Bay or are permits only needed for bass fishing? (Mark S.)

Answer: Permits are not required for saltwater fishing contests. Waters of the Pacific Ocean include all of San Francisco and San Pablo Bays west of the Carquinez Bridge (CCR Title 14, section 27.00). As long as all fishing is done in waters west of the Carquinez Bridge, you will not need a fishing contest permit.

Fishing contest permits are required for various fishing contests in freshwater. For information on the requirements when holding fishing contests in inland waters, how to obtain fishing contest permits and for the actual permit application forms, please visit our Fishing Contests, Tournaments and Derbies website.


Do fishing boat passengers need fishing licenses if not fishing?
Question: As an avid fisherman on a private vessel at a slip, I often take friends out hoop netting or fishing. Often these friends are perfectly happy to operate my boat while I tend the fishing line(s) or hoop nets. Do these companions need to have a fishing license as long as we follow the bag limits and limits on nets and lines in the water for a single fisherman? It is often a spur of the moment decision to go out, and sending my guest off to get a license for one or two hours of fishing is inconvenient at best. (Jack Z.)

Answer: It is legal to take non-licensed passengers along to observe you while fishing or hoop netting as long they do not engage at all in any of the actual sport fishing activities. It is only in the commercial fishing industry where those who assist with the boat handling and other tasks need to have their own commercial fishing license.

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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.

Hunting with an Airbow?

Benjamin Pioneer Airbow (www.crossman.com photo)

Benjamin Pioneer Airbow (www.crossman.com photo)

Question: I’ve been learning about the Benjamin Pioneer Airbow and am curious about the legal status of using these for hunting. It seems to be the functional equivalent of a crossbow and so I would think they would be appropriate for general big game seasons where archery is a legal method of take. Does the California Department of Fish and Wildlife (CDFW) have a position on this innovative hunting tool? (Gregory Z.)

Answer: Airbows are essentially airguns that shoot arrows. They are not firearms nor are they (by definition) bows or crossbows (see California Code of Regulations Title 14, section 354). Game mammals and birds may only be taken by the methods listed in CCR Title 14, sections 311, 507 and 354. While firearms, bows and crossbows are all allowable methods of take, the airbow does not fall under any of these definitions, and thus may not be used to take wildlife in California.


Chumming for Pacific halibut?
Question: Is it legal to fish for Pacific halibut using a chum bag? The bag would be independent with no hooks, just a bag of bait on the ocean floor. (Dan R.)

Answer: Yes, chumming is legal in the Ocean and San Francisco Bay District (see CCR Title 14, sections 1.32 and 27.05.). Please be aware that Pacific halibut is managed as a quota fishery and will close once the annual quota is reached. Before engaging in fishing activity, please check our Pacific halibut website for weekly tracking of harvest while the season is open or current closure notifications or call one of the hotlines listed at this site.


License required for frogs, bugs and other insects?
Question: I know I need a license to catch fish, but I was wondering if I need a license to catch dragonfly nymphs, snails or any other kind of water bugs as long as they are not a fish. Do I need a license to catch frogs and tadpoles? I’m going to take my kids to a river and help them explore and I know I’m going to have to help them catch the small water critters. (Pedro A.)

Answer: Thank you for taking the time to ask about the regulations before taking your kids out. Here are the basics: A sport fishing license is required for individuals 16 years of age or older who wish to take fish, amphibians, mollusks, crustaceans, invertebrates or reptiles in California (freshwater or ocean waters).

Remember that tadpoles are baby frogs, and only the amphibians listed in CCR Title 14, section 5.05 may be taken. While technically it is legal to catch (and collect) certain tadpoles under a fishing license, you have to know how to ID them so you don’t accidentally collect a species that is not on the list. The species not in section 5.05 are endangered or threatened species, or species of special concern, and their possession is illegal without a special permit. Also, if you and your kids want to collect and rear the tadpoles to frogs, be aware they must be kept for life or given away because it’s illegal to release them back into the wild after being taken into captivity.

If you are going to actively catch frogs, tadpoles, etc. (amphibians) with your kids, you should first have a fishing license. If the kids do all of the work themselves and they’re under 16, they don’t need a license.

This information is contained in the current Freshwater Fishing Regulation booklet beginning on page 5 which can be found online or at any CDFW license office, bait shops, sporting goods stores or other places where fishing licenses are sold.


Importing mount of a species prohibited to hunt in California?
Question: Is it legal to own a mount of a wild animal that is illegal to hunt in California, but legal in another state? The critter is a sandhill crane that is illegal to hunt in California, but was legally bagged in another state (some 15 states consider these game animals, but not here). Can I bring this mount into California and publicly display it? (James S.)

Answer: Yes, but you should keep all documentation of where it came from and/or hunting licenses with it in case the origin of the mount ever comes into question.

Fish and Game Code, section 2353, requires that you declare the entry into California of any legally taken birds, mammals, fish, reptiles or amphibians. The Declaration for Entry form requires you to put down information such as a hunting license number, game tag number, etc. and indicate the county and state in which the animal was killed. With the exception of animals like a mountain lion or mountain lion mount that cannot be legally imported, you are allowed to import legally acquired wild animals or wild animal mounts and should have documentation of where and how they were acquired as some states allow the sale of wildlife and wildlife mounts, too.

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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.

Archery with Lighted Arrow Nocks

Archery pro, Keli Van Cleave

There are no prohibitions against using lighted nocks so long as they don’t emit a directional beam of light. (Archery Pro Keli Van Cleave)

Question: We are bow hunters and are wondering if there are any regulations against using lighted arrow nocks? They turn on when shot from your bow and stay on until you turn them off. They operate by a small lithium battery and will stay on for many hours if needed. The light makes it easier to follow the path of the arrow once released and will stay on until retrieved from the animal or wherever it ends up. (Joe G., Grass Valley)

Answer: There are no prohibitions against using lighted nocks so long as they don’t emit a directional beam of light. “Notwithstanding the general prohibition of the use of lights in Fish and Game Code section 2005, arrows or crossbow bolts with lighted nocks that do not emit a directional beam of light may be used” (California Code of Regulations, Title 14, section 354(d)). A nock is the slotted portion at the back of the arrow that sits against the bow string and holds the arrow in place until the archer is released.


Fishing with multiple rods in Tomales Bay
Question: In ocean and/or bays, such as Tomales Bay by Lawson’s Landing, is a second rod stamp required? Is a second rod stamp required to catch California halibut with multiple rods in Tomales Bay? (John C., Roseville)

Answer: A second rod stamp is not required to fish with multiple rods in Tomales Bay. A second rod stamp only applies to inland waters defined under CCR Title 14, section 1.53. Restrictions on gear in the ocean pertain to certain areas such as San Francisco Bay and certain species such as groundfish and salmon.


Legal to mount waterfowl to give away?
Question: I was given a few ducks and geese by a hunter in Fresno. These ducks have tags and the hunter provided me with an affidavit stating they were gifted. I don’t have time to mount these anymore. Can I give them away for free since I don’t have a federal permit? Also, I have a few ducks that I mounted for myself but would now like to part with them. Can I give them away for free as well? (Christina T.)

Answer: Yes. And for the gifted ducks and geese, once you are ready to give them away to someone else, you will also need to pass along any paperwork you received with them to the person you are passing the ducks and geese along to (Code of Federal Regulations Title 50, Part 20, sections 20.36-20.40).


How to check a fishing guide has all licenses and insurance?
Question: I’m thinking of hiring a fishing guide for a trip. How can I check to make sure he has all the necessary licenses and insurance? (Barry N.)

Answer: To see if the guide is licensed and in good standing through the California Department of Fish and Wildlife (CDFW), please go to http://www.wildlife.ca.gov/licensing/guide and click on the licensed hunting and fishing guides link. This will provide you with the names of individuals with a valid California Fishing Guide license. The license authorizes them to guide their fishing clients for money or compensation, but will not confirm that they carry insurance or any other credentials. Your best bet will be to ask around about their reputations at a local fishing or sporting goods store or get a referral from past clients. You should also ask the prospective guide to show you proof that they carry insurance and/or any other credentials.


Hoop netting with winch
Question: I have a simple question about recreational hoop netting. Can I use an electrical device like an “Ace Hauler” to aid in the retrieval of my hoop nets? It uses an electrical motor to aid in the work. You just wrap the rope around the wheel and pull. The motor does most of the work. If this is legal, are there any restrictions on the use of such a device? (Karl P.)

Answer: There are no regulations prohibiting the use of manual winches by sportfishers to assist in pulling crab traps or hoop nets. Use of power-driven winches is prohibited north of Point Arguello, but there is an exception for handling crab traps or nets (see CCR Title 14, section 28.70).

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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.

Can Sport-Caught Fish Be Donated to a Food Bank?

Sport-caught fish can be donated to a food bank or soup kitchen as long as they were legally taken, don’t exceed the angler’s bag limit and as long as the food bank or soup kitchen will accept them. Be sure to check with them first! (CDFG photo)

Sport-caught fish can be donated to a food bank or soup kitchen as long as they were legally taken, don’t exceed the angler’s bag limit and as long as the food bank or soup kitchen will accept them. Be sure to check with them first! (CDFG photo)

Question: We often take folks out fishing while they are visiting the area and staying at hotels, bed-and-breakfasts or campsites. Unfortunately, they are often not able to consume all of the fish that they catch. We understand we are allowed to gift fish to friends and family members (as long as each individual does not possess more than one bag limit per person per day).

Are there restrictions on gifting extra fish to local food banks or soup kitchens as long as the food bank would want and accept them? This is a question from a traveler who is interested in planning a future trip. (Jenny O., Santa Cruz)

Answer: Yes, a person is allowed to donate (gift) any fish taken to a food bank or soup kitchen that does not charge money for the fish as long as the fish were legally taken and the daily bag limit was not exceeded. Since every person is only allowed to take or possess one daily bag limit of fish per day, anglers should individually donate their fish to avoid having someone transport more than a possession limit of fish at any time. Since many food banks and soup kitchens no longer accept donations of meat or fish that is not USDA-certified, you may want to check with them in advance.


Airguns and Upland Game Hunting?
Question: My buddy and I are part of the ever increasing population of airgun hunters. We typically take rabbits and ground squirrels, but would like to use these .22 caliber precharged pneumatics for turkey and other upland game, such as quail and dove. While we believe the regulations cover the turkey hunting explicitly, can you confirm if it is also legal to take dove and quail with these firearms? (Jason C., Windsor)

Answer: Resident small game (as listed in California Code of Regulations Title 14, section 257) may be taken with an air rifle firing pellets and powered by compressed air or gas. This includes: wild turkey (must use at least 0.177 caliber or larger), Eurasian collared doves, quail, non-protected squirrels, jack rabbits and cottontails, in addition to the other resident small game species defined in section 257.

Western mourning dove, white-winged dove and band-tailed pigeons are listed as migratory game birds and may not be taken with an air rifle.


Continue diving for fish after abalone limit reached?
Question: Just a quick question now that abalone season is upon us. I took up spearfishing last season and really enjoy it. I know the regulations state that once you reach your limit on abalone you must immediately stop diving. Does this mean stop diving altogether or just for abalone? I guess the question I am asking is can I continue to dive and spearfish after I get my limit of abalone? (Tom R.)

Answer: It is legal to spearfish after harvesting abalone. Abalone divers may take up to three abalone per day, and no more than three abalone may be possessed at any time. Nothing in the regulations requires you to exit the water after harvesting a limit of abalone. However, individuals “taking abalone shall stop detaching abalone when the limit of three is reached” (CCR Title 14, section 29.15(c)). This section also requires abalone divers to retain all legal-sized abalone they detach until they reach the limit.


Crayfish for bait?
Question: I was wondering if you can use crayfish as bait when fishing for freshwater fish, such as bass? (Jerry Y.)

Answer: Generally, crayfish may be used for bait statewide, with some exceptions (see CCR Title 14, sections 4.00 and 5.35). Even though crayfish are allowed as bait for bass fishing in most areas of California, if the crayfish were not caught and used in the same waters from where taken, many lakes prohibit anglers entering lakes with live bait. This is due to the potential for the introduction of exotic species, such as quagga and zebra mussels. There is no way to certify the bait and water holding the bait are free from these species. If you plan on using crayfish brought into a lake, it is important to check ahead of time with the operator of the lake to see if they allow importation of legally acquired bait.


Underwater camera to find trout?
Question: Is it legal to use an underwater camera to look for trout that may be hiding underneath the creek/river bank? Does it matter if it’s used while engaged in the actual activity of trout fishing or when not in possession of a fishing pole? (Jim B., Elk Grove)

Answer: An electronic viewing device, such as an underwater camera, would be legal but a non-electronic viewing device (such as goggles, scuba mask, etc.), would be prohibited for taking fish (California Code of Regulations Title 14, section 2.09). There’s an exception, though, under the provisions of spearfishing (CCR Title 14, section 2.30).

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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.

 

DIY Personal Domoic Acid Testing of Crabs?

Dungeness crabs from San Francisco (photo by Carrie Wilson)

Dungeness crabs from the San Francisco Bay Area (photo by Carrie Wilson)

Question: Is there any kind of domoic acid test kit available that a consumer can use to test his/her own crabs? I would think there would be a lot of interest in this. I love to catch and eat crabs but also hate risking getting sick! (Bob W.)

Answer: If you do a google search you will find some kits that state they will detect domoic acid toxins in shellfish, marine algae and water samples. However, the California Department of Fish and Wildlife (CDFW) cannot comment on the suitability of these products to address your concerns. You can minimize your risk though by following California Department of Public Health (CDPH) advisories. In their recent news release, CDPH advised that meat from Dungeness crabs caught in areas where the advisory has been lifted is safe to consume. However, consumers are advised to not eat the viscera (internal organs, also known as “butter” or “guts”) of crabs.

Crab viscera usually contain much higher levels of domoic acid than crab body meat. When whole crabs are cooked in liquid, domoic acid may leach from the viscera into the cooking liquid. Water or broth used to cook whole crabs should be discarded and not used to prepare dishes such as sauces, broths, soups or stews (i.e. cioppino or gumbo), stocks, roux, dressings or dips.

To check for current health warnings on the consumption of crabs and other shellfish, I suggest you call CDPH’s shellfish hotline at (800) 553-4133 or visit CDPH’s Domoic Acid health information Web page. This information is always up to date and available via a recorded message 24/7.


If I see a mountain lion, who do I call?
Question: What do I do when I see a mountain lion come on my property? Who do I call? (Darren M.)

Answer: If you see a mountain lion come onto your property, you don’t need to call anyone unless the animal is acting aggressively toward you or your family, or if it appears to be sick or diseased. If you feel it is an immediate threat to you, call 911. But mountain lions are usually just looking for deer or other prey animals.

If you do know you have a mountain lion around your home, I suggest you keep small children, pets and other animals in a protective area, especially from early evening through mornings when mountain lions are most active. If the animal is just passing through, as they typically do, you might just watch it and enjoy the unique opportunity you’re being given to actually see one. Most people will never have the chance to see one in their lifetimes.

For more information, please check out our living with mountain lions webpage.


Do blue catfish reproduce in California?
Question: Do blue catfish reproduce in California lakes? If not, why? (Mike M., Anaheim)

Answer: Blue catfish can reproduce if they are mature (which can take 4-7 years) and the right temperatures and other environmental conditions exist. In the wild, they typically prefer a cave habitat where they can construct a nest (eg: under rock ledges, logs, or undercut banks) and it is the male that guards and protects the eggs and young fry. Catfish farmers often place into their ponds containers like old milk cans to help the spawning catfish establish nests so that the eggs are easily retrieved and further nurtured in the hatchery. In California, spawning season is late spring/early summer, as temperatures are warming.


Lifetime license still valid if I move out of state?
Question: I was looking into the Lifetime Hunting/Fishing license. This may be a stupid question but if I leave the state of California and change my residency, do I forfeit the whole lifetime license? I assume I must live in California in order to qualify. (Bill)

Answer: No, you won’t forfeit it. Under the provisions of a Lifetime Hunting or Fishing License, your license is valid for hunting/fishing when you return to visit even if you move out of state. You would be required to buy non-resident tags for big game species but the license is still valid. For more on the benefits and privileges of hunting and fishing lifetime licenses, please visit the department website.


Can you harvest abalone for a handicapped individual?
Question: Just curious if there are any provisions in the abalone regulations to allow someone to assist a handicapped person. For example, if the person is unable to dive for abalone, can someone else harvest the catch for them? (Todd J., Milbrae)

Answer: No, an individual may only take or possess one daily limit of abalone (which is three). A diver could take three abalone one day, record and tag them with their abalone report punch card and tags, and then give them to a disabled person who is not able to dive. Then the following day, the diver may go out to get three more abalone for themselves, and again, report them on the punch card and tag them in accordance with the 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.

Harvesting Sea Urchins before Abalone Start Time

Purple sea urchins and red abalone often occur in the same locations (CDFW photo by Athena Maguire)

Purple sea urchins and red abalone often occur in the same or similar locations but only urchins can be harvested before 8 a.m. (CDFW photo by Athena Maguire)

Question: My question is about the requirement that abalone may not be taken before 8 a.m. This year there are a few good minus tides that bottom out before 8 a.m. Is it legal to be on the abalone grounds to harvest sea urchins prior to 8 a.m., and then go abalone picking after 8 a.m.? (Paul N., San Francisco)

Answer: You can go out before 8 a.m. to harvest urchins, but you cannot take any action that will assist in your later take of abalone. For example, you may not search for abalone or mark the location of any abalone that you encounter while taking urchins. If you choose to dive before 8 a.m., don’t be surprised if you are questioned by a warden. If your activities appear to a warden to be taking or searching for abalone before 8 a.m., then you can be cited.


What to do with inedible harvested non-game animals?
Question: I know that it is illegal to waste harvested game animals, but what about non-edible, non-game animals (such as jackrabbits, rock doves, coyotes, etc.)? What are the legal/ethical guidelines on what to do with these harvested animals? Should they be buried, left in the field, trashed or something else? (Bill S., Rancho Cucamonga)

Answer: Jackrabbits are small game, and if someone is going to kill them recreationally, then they should be used. They certainly are edible and many people hunt them for consumption. There is no standard way to dispose of legally taken non-game mammals. Some non-game animals like crows require retrieval while others don’t. If they are a species that does not require retrieval, ethically, it is up to the individual. Hunters are encouraged to fully utilize all harvested wildlife. However, even if it is a non-game species where retrieval is not required by law, hunters should still make every effort to properly dispose of it. To just let animals lay where they’ve fallen without retrieval or attempts to properly dispose of them reflects badly on the image of those of us who are conscientious and ethical hunters.


Combination of sabiki rig and drop shot rig
Question: I often go sport fishing around Santa Cruz with my kayak. I would like to catch live fish with a sabiki rig with multiple hooks, then use them with a drop shot rig with two hooks to catch rockfish, cabezon, greenling, lingcod and halibut. Is this allowed? (Kota T.)

Answer: Yes, you can use a fishing rod with multiple hooks as long as you don’t take or possess a species which has a more restrictive method of take than the general gear restrictions (e.g. rockfish, cabezon, greenling, lingcod or salmon). If you happen to catch one of these species while using more than two hooks on your line, you must release the fish.

You are limited to no more than one line and two hooks when fishing for rockfish, cabezon, greenling and lingcod, or if these species are in possession. Once you begin fishing for the species that have hook restrictions, you will want to stow the sabiki rig so that it clearly is not in use.


How many turkeys per year?
Question: Can you legally harvest five birds a year by taking three bearded birds during the spring season and two birds during the fall season, or does the three bird limit apply to a full calendar year? (Pete R.)

Answer: You can legally harvest five turkeys in a year but can never possess more than three at one time. So long as you are eating your game regularly, you should not have an issue so be sure to consume or gift your spring birds before the fall season.


Hunter update email from CDFW?
Question: My friend recently received an interesting “hunter update” email directly from the California Department of Fish and Wildlife (CDFW) encouraging her to buy a license and go turkey hunting. Although I already have my hunting and fishing licenses, I am interested in receiving updates from CDFW. How do I get on this mailing list? (Monica B.)

Answer: The email your friend received is part of a larger effort by CDFW to increase outreach and education to California hunters and anglers. In order to receive these updates, reminders and other useful information from the department, you need to update your CDFW license profile on our website and provide us with your email address and communication preferences.

To sign-up, visit our online licenses sales page, click ‘Customer Login/Register’ then ‘Edit Customer Profile.’ If you are a new CDFW customer making your first license purchase online or from a license agent, you will be asked for your email address and communication preferences while creating your profile. Any personal information collected will never be disclosed, made available or used for any purpose other than as specified at the time it was collected, except with the written consent of the subject of the information or as otherwise permitted by law or regulation. Fish and Game Code, section 1050.6 and California Government Code, section 11015.5 prohibit CDFW from selling or sharing your information with any third party.

Purchasing your licenses, tags and report cards online is easier than ever and now comes with the added benefit of timely updates and information from CDFW.

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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.

Clamming at Pismo Beach after 40 years

Pismo clams (Tivela stultorum) in Ventura (CDFW file photo)

Pismo clams (Tivela stultorum) in Ventura (CDFW file photo)

Question: I made a promise to my son 40 years ago to take him clamming at Pismo Beach, and I want to keep that promise. How are the conditions there now and when is the best time to plan a visit? (Jim S, Big Arm, Montana)

Answer: Recent surveys at Pismo Beach indicate there are no legal sized clams there, although there has been some limited legal take of razor clams. I would really like to see you and your son have a successful trip, so there are some other locations further south where you should have luck. Rincon Beach in Santa Barbara County and La Conchita Beach in Ventura County have been producing good numbers of legal sized Pismo clams recently.

Clams that have a size limit and are not retained must be immediately reburied in the area from which dug (California Code of Regulations Title 14, section 29.20 (d)). Clammers must do their share to help to maintain healthy populations of clams for future generations.

Clamming is generally done from November to April during minus tide events. Starting the month of May, potentially harmful plankton blooms can become an issue. The annual mussel shellfish quarantine is from May 1 to Oct. 31, and is in place to protect the public against Paralytic Shellfish Poisoning and domoic acid poisoning, also known as Amnesic Shellfish Poisoning. The May through October quarantine period encompasses more than 99 percent of all Paralytic Shellfish Poisoning illnesses and deaths reported in California since 1927. Even though mussels are a different species, I recommend taking similar precautions and would not recommend harvesting Pismo clams during the annual mussel quarantine.

Please remember that any person 16 years of age or older who is participating in clamming is required to have a valid California sport fishing license. An Ocean Enhancement Stamp is also required for ocean fishing (including clamming) south of Point Arguello (northern Santa Barbara County) except when fishing with a one-day or two-day sport fishing license. The stamp is not required if you purchase a one- or two-day sport fishing license.

For regulations specific to Pismo clams, please go to section 29.40 in the current Ocean Sport Fishing Regulations booklet available online or wherever fishing licenses and sold. Good luck!


Abandoned lobster traps and hoop nets
Question: I am a freediver who dives for lobsters along the Southern California coast. I have concerns about abandoned hoop nets and lobster traps. I can tell that they are abandoned and have been there for a while because some are rusted and old, the rope is frayed, and they are just floating underwater with no buoys attached. Numerous times I have seen these abandoned traps with lobsters and fish that have been trapped inside for days, some alive some dead. Am I allowed to open and free those trapped animals and clean up my dive spots of these abandoned traps? What can I do about those hoop nets that have been cut off/frayed and left under water? I am planning to round up a bunch of freedivers to do an underwater clean up. (Chester L.)

Answer: As long as the trap is clearly abandoned and there is no surface gear associated with it, you can legally both release the animals and remove the traps (you may not keep any lobsters found in the traps). The California Department of Fish and Wildlife (CDFW) recommends and prefers that citizens and fishermen instead report the type and location of lost or abandoned fishing gear to the appropriate CDFW field office so that trained department personnel can retrieve the gear. For a list of CDFW Marine Region offices, please go to: http://www.wildlife.ca.gov/Regions/Marine/Contact.


If duck hasn’t built a nest yet, can I catch and eat it?
Question: Can I catch a mallard duck in my housing community, and eat it, if the duck hasn’t built a nest yet? I live in Huntington Beach. (E.J. Fudd)

Answer: No. Regardless of whether the duck is nesting, you must comply with the Fish and Game Code and all applicable local laws or ordinances. For example, you will need to have a valid hunting license, waterfowl season doesn’t open until October and to take a duck you would need to use a lawful method of take. Since you live in a housing community, firearms are likely not allowed and catching the duck by hand is not a legal method of take.


Fishing and trapping crayfish at the same time
Question: I am just wondering if while I am fishing, I can run my crayfish trap at the same time to catch crayfish. I only have one fishing permit and I don’t have a second rod stamp. I just want to make sure I don’t break any laws. (Eric L.)

Answer: Yes, there are no prohibitions against doing this as long as you can closely monitor your fishing rod the entire 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.