Tag Archives: lobsters

How to Fish the Lobster Opener?

California Spiny Lobster (CDFW photo by Derek Stein)

Question: I have some questions about how to best fish the lobster opener. I know that lobster season has a new start time and opens at 6 a.m. on Sept. 30, 2017. If the hoop wet time is a maximum two hours, can I drop my hoops at 4:15 a.m. Sept. 30, 2017 and pull them after the start time of 6 a.m.? (George G.)

Answer: No. Attempting to take lobsters is considered “fishing,” so if you drop your hoop nets before the season officially opens, you will be fishing out of season. The recreational lobster season officially opens at 6 a.m. on the first day of the season. The two hour wet time just means that the net must be checked every two hours once it is legally in the water. So if you legally drop your hoop nets in the water at 6 a.m., they must be serviced by 8 a.m.!

There are also three other new regulations that will go into effect for the 2017-2018 recreational lobster fishing season:

  • Hoop net buoys south of Point Arguello (Santa Barbara County) must now be legibly marked with the operator’s GO ID number for identification and enforcement purposes. Your GO ID number can be found on your sport fishing license and your lobster report card.
  • While diving for crustaceans (including lobsters), divers may be in possession of spearfishing equipment as long as possession of this equipment is otherwise lawful and is not being used to aid in the take of crustaceans (including lobsters).
  • Measuring requirements have been clarified in order to allow for measuring lobster aboard a boat when hoop netting. The change will allow hoop netters to bring spiny lobsters aboard a vessel where they can be measured safely. All lobsters shall be measured immediately and any undersize lobster shall be released immediately into the water. Divers shall measure lobsters while in the water and shall not remove undersized lobsters from the water. Hoop netters may measure lobsters out of the water, but no undersize lobster may be placed in any type of receiver, kept on a person or retained in any person’s possession or under his or her direct control.

These new regulations can be found on pages 36-38 in the 2017-2018 California Saltwater Sport Fishing Regulations booklet available online, at CDFW offices and most tackle shops where fishing licenses are sold.

For more information on the new recreational lobster fishing regulations, please visit our website.


Mouth calls for deer
Question: I am going deer hunting with some friends next week and one of my buddies swears by using deer mouth calls to get their attention. He says they sound like the grunts of bucks during the rut. He says he also sometimes uses predator calls to pique their curiosity. Is it okay to use mouth calls for hunting deer here in California? (Richard T.)

Answer: Yes, as long as the sounds are not generated electronically or amplified.


Record fish caught from private waters
Question: How does the California Department of Fish and Wildlife (CDFW) handle or verify potential record-sized fish when caught from a private lake requiring catch and release (unharmed) of that species? (Jim Stevens)

Answer: CDFW does not keep records of record fish caught from private waters. For consideration for a State Inland Waters Record, the fish must be taken from a water open to the general public for fishing, and certain verifying procedures must be followed. For more information on how to certify a possible state record fish taken by diving or fishing, please check out our Fishing and Diving Records webpage.


Carrying an additional handgun for protection
Question: I am a California police officer. I was drawn for a G1-C4 Late Season Buck tag. I also have a bear tag. I am planning on hunting with my group. As a sworn law enforcement officer, I am allowed to carry a handgun while off-duty as per my department policy and state law. Can I carry my firearm for defense while hunting? Not to be used for hunting, but in case of a bear or other animal attack. We will be hunting with rifles, but the more I read about hunting, the more I hear about the occasional bear attack. (Brian B.)

Answer: Yes, hunters can carry a handgun in addition to their rifle while hunting during a general season. That said, bear attacks are very uncommon.

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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 Over Alfalfa?

Successful pig hunter at Tejon Ranch (CDFW photo)

Question: I know it’s illegal to bait animals to get them to come to you in order to hunt them. However, what about hunting over an alfalfa or corn field? I know some other states allow this and I am wondering if California does, too. (Dakota C.)

Answer: Although feeding big game and hunting over bait is illegal in California, it is legal to hunt over a standing or harvested alfalfa or cornfield. While it is generally prohibited to take resident game birds and mammals from “any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed, or scattered…” (California Code of Regulations Title 14, section 257.5), this regulation includes several exceptions. One exception allows the “taking of resident game birds and mammals on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting.”


Catch and release in MPA
Question: Is it legal to fish catch and release in a no-take State Marine Conservation Area (SMCA) Marine Protected Area (MPA) such as Big River SMCA? Nothing is mentioned in the California Ocean Sport Fishing Regulations booklet. (Robert J.)

Answer: No, it would not be legal to catch and release inside a no-take SMCA or MPA because “take” means to “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill” (Fish and Game Code, section 86).


Why not able to purchase license and harvest report cards together?
Question: I purchase a California fishing license every December for the following year. Then in May I purchase an abalone report card. And then in September I purchase a lobster report card. I purchase all of these online, which is convenient. Still, it’s three transactions I have to remember and three postage charges. Why can’t I purchase my fishing license and harvest report cards in one transaction? (Ben W.)

Answer: Sport fishing licenses and all sport fishing license items become available for purchase on Nov. 15 each year, except for abalone and lobster report cards. While abalone and lobster report cards are not available for sale at the beginning of the year, you do not have to pay for postage on items purchased through the Online License Sales and Service, unless you select expedited shipping.

Abalone Report Cards become available for purchase on March 15. Abalone regulation changes, based on data gathered from the previous year, frequently require changes to the Abalone Report Card. The March 15 date for the start of sales for Abalone Report Cards allows time for changes to be made to the report card and still allows the report card to be available for purchase 45 days prior to the first day of abalone season. For example, the seasonal limit for abalone recently changed from 18 to 12. Therefore, changes were made within the Automated License Data System to reduce the number of lines printed on the report card and the number of abalone tags included with the report card to 12.

Spiny lobster season spans a part of two calendar years and the report card is valid for the entire lobster season. The upcoming lobster season opens Sept. 30, 2017 and closes March 21, 2018. If Spiny Lobster Report Cards for the 2017/18 season were available at the time 2017 sport fishing licenses first became available for sale (Nov.15, 2016), they would have been available for purchase during the 2016/17 lobster season. It is likely that many people would accidently purchase a spiny lobster report card for the wrong year.


Abalone shell pieces for jewelry?
Question: I realize it is illegal to sell abalone shells as jewelry or other artwork if obtained while sport diving under California regulations, but what if the abalone shells or pieces of them are found while beach combing and the shell had already been vacated by natural means? Can these shells be made into jewelry since there is no limit on taking these shells or pieces? (Scott E., Walnut Creek)

Answer: You can generally pick up abalone shells and shell parts for your personal use. However, Marine Reserves, Marine Protected Areas and other prohibited areas do not allow for any shell collecting. Wherever you go, you should contact the controlling agency to find out what collecting activities are legal for that area. As long as the shells are legally obtained and not sport-taken, they can be used to make jewelry that is sold.

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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.

California Camp Meat Act?

(Photo from Creative Commons)

Question: I wonder if you could settle the subject of a discussion. Recently, I mentioned in camp that it was legal in California to kill “camp meat” under certain prescribed rules. For instance, if there were 10 men in camp for 11 days or more (perhaps 11 men, 10 days), then they could kill any one deer for “camp meat.” Such meat must be prepared and consumed in camp and no meat could be removed from the camp’s vicinity. All of my friends flatly stated no such law existed, or ever had.

I am almost certain that such a law was in effect up until at least the 1970s, dating back to the late 1800s. Could you tell me the current standing of said act, correct wording, whether or not it is still in effect, or when rescinded, if it ever was? (Tom W., SoCal)

Answer: We checked Fish and Game Code books from the 1930s, 1940s and 1950s, and they all require a tag when taking deer in California. We couldn’t find any reference to “camp meat” or the ability to kill deer strictly for camp meat purposes. In California, at least, we believe this law never existed.


Lobster limits with a multi-day permit?
Question: What’s the total number of lobsters a recreational fisherman is allowed to possess? A friend contends that with a three-day multi-day permit purchased from the California Department of Fish and Wildlife (CDFW) that the limit is 21 lobsters (three days times seven lobsters). My understanding from reading the regs is that it is never to exceed seven legal-sized lobsters. If so, why do they sell a multi-day permit? (Bill P.)

Answer: Multi-day permits may be issued to fishermen who will be away from the mainland continuously for three or more consecutive days, including a minimum period of 12 hours or more at sea on the first and last days of the trip (California Code of Regulations Title 14, section 27.15). In addition, the permit prohibits berthing or docking within five miles of the mainland shore. The usual lobster bag limit is seven lobsters per person unless the person has secured a multi-day permit prior to their trip. Daily bag limits always apply for these trips. With this permit, if the person is away from the mainland at sea for at least three days, they can take and keep up to three days of lobster bag limits (3 x 7 = 21) like your friend said. The person may then retain those 21 lobsters in their possession but should keep the approved permit with those lobsters until at least two of the bag limits (14) are consumed or gifted.


Why fish Dungeness crabs at 200 feet?
Question: Why in Monterey Bay must we set pots at 200 feet or deeper to catch crab? (Rick B.)

Answer: There are no regulations requiring you to fish your pots at a certain depth, you’ll just need to figure out what that best depth is. Adult, legal-size Dungeness crabs are often found in deeper water. You should check with other crabbers to see what depths they are finding success in. It changes all the time. I just spoke to a commercial crabber this weekend and he’s fishing his traps from 150 to 500 feet.


Live marine rocks for home aquarium?
Question: Is it legal to take any marine life or rocks from the California coastline for use in an in-home aquarium? (James H.)

Answer: Finfish may not be transported alive from the water where taken, except under the authority of a scientific collecting permit or a marine aquaria collector’s permit. The removal of “live rocks” (rocks with living marine organisms attached) is also prohibited in many areas, including federal marine sanctuaries, state marine protected areas and state parks. Also, only the following tidal invertebrates may be taken in any tidepool, where not otherwise prohibited: red abalone, limpets, moon snails, turban snails, chiones, clams, cockles, mussels, rock scallops, native oysters, octopuses, squid, crabs, lobsters, shrimp, sand dollars, sea urchins and worms (except that no worms may be taken in any mussel bed). All legal size limits and possession limits must be followed and a fishing license must be in possession in order to take. All other tidal invertebrates may only be taken outside 1,000 feet seaward from the high tide mark.

Please note that most of the smaller rocks exposed and surrounded by water above mean high tide are within the California Coastal National Monument – where all objects, including rocks, are protected and it is prohibited to collect or remove them or organisms on them.

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

Hoop Netting for Crabs off California Piers

Dungeness crab (DFG photo)

Dungeness crab (DFG photo)

Question: Is it legal to use hoop nets to catch crab off piers in California this time of the year? I thought that I read crab season runs through June. However, the hoop net is a net that people use for catching California spiny lobster too, so do I need the California Spiny Lobster Report Card even though I’m not fishing for lobster? I ask this because someone might think that I intend to fish for lobster if I am operating a hoop net.

Also, I have a fishing license I recently purchased for this year, but in general, does one need a license to operate a crab trap during crab season on a pier in California? (Trevor W.)

Answer: Dungeness are the only crabs with a closed season, and they are found mostly along the northern half of California’s coast. Dungeness crab season varies depending on location, so you should check the regulations once you know where you will be crabbing (see section 29.85 on page 51 of the 2016-2017 Ocean Sportfishing Regulations booklet).

The other crabs belonging to the Cancer genus (yellow crab, rock crab, red crab and slender crab) are found statewide and may be taken year round. You need a sport fishing license to take crab generally, but whenever you are fishing from a public fishing pier, a sport fishing license is not needed. You are limited to two fishing appliances on a public fishing pier, though (two nets, rods, lines, etc.).

As long as you immediately release any lobster that may wander into your net, you do not need a Spiny Lobster Report Card. This means you cannot keep them for any length of time. If you pull one up, it must go right back into the water.

Before taking crab, the California Department of Fish and Wildlife (CDFW) encourages you to check for any health advisories related to domoic acid by calling the California Department of Public Health at 1-800-553-4133.


Using artificial scents as fish attractants?
Question: Are you allowed to use artificial scents applied to lures such as fish oil-based products to attract fish in freshwater lakes of California? What’s the difference between bait and using scents that do not contain food to attract fish? (Dean H.)

Answer: Artificial scents may be applied to lures or baits except in areas with specific artificial lure restrictions. An artificial lure “does not include scented or flavored artificial baits” (California Code of Regulations Title 14, section 1.11). This means attractants may not be applied to the lure while fishing in waters restricted for artificial lure use only. It is very common to use fish oil products and or scents in many areas of the state.


Does a loaded Bandolier make an unloaded gun loaded?
Question: If a gun is unloaded but has a Bandolier attached to the stock containing loaded bullets/shells, is it actually considered to be a loaded gun? (Anonymous)

Answer: No. Loaded gun laws that apply to vehicles on roads open to the public have changed over the years, and there are differences between the Fish and Game Code and the Penal Code. Long guns are considered to be loaded pursuant to Fish and Game Code, section 2006 “when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.” 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. A firearm with rounds in a holder attached to the stock would not be considered loaded under these standards.


Hunting small game with a .22 air rifle?
Question: What are the laws on hunting small game (doves, quail, etc.)? Do I need a hunting license to hunt small game? I live in the Bakersfield area and am wondering if I can hunt doves and quail with a .22 air rifle? (Arnold C.)

Answer: You will need a hunting license to hunt big and small game mammals as well as game birds. If you don’t yet have your license, you will need to take and successfully pass a Hunter Education course. You can find information about the courses, dates and locations of upcoming classes, and you may sign up for a class on our Hunter Education website.

Methods of take for resident small game include “air rifles powered by compressed air or gas and used with any caliber of pellet, except that wild turkey may only be taken with a pellet that is at least 0.177 caliber” (CCR Title 14, section 311(f)). Different methods of take are specified for migratory birds, such as doves. Air rifles or all other rifles are prohibited for the take of migratory birds (CCR Title 14, section 507).

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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.

Why Not a Split Season for California Waterfowl?

Mallard drake (USFWS photo)

Mallard drake (USFWS photo)

Question: Global warming and climate change seem to have seriously affected waterfowl migration patterns. Last year we saw the effects exacerbated as birds delayed migrations from summer nesting grounds until late into the year. So, why do we ignore this change in California and persist in starting our waterfowl season so early in the year? My native state of Texas pushed its waterfowl season opener back into early November. Baja Mexico, just a stone’s throw south of us, has a waterfowl season that runs later and doesn’t close until the end of February. And further south in the Mexican states of Sonora and Sinaloa, the seasons run as late as March.

How about considering a split season? One option our extremely elongated state could employ would be to open waterfowl season in the northern part of the state a month before the southern part of the state. Another option could be to have an early season for a couple of weeks, separated by a two to three week break, and then a late season that runs to the end of February. Other states have split seasons, just like we do for doves in California. This last season’s start and finish dates did not track our modern day weather patterns or the flights of birds. It is time to change the hunting season to match the change in our climate. What will it take to implement such a change? (James P. Hill, San Diego)

Answer: It is difficult to determine the exact cause of delayed migrations for some species or populations. According to California Department of Fish and Wildlife (CDFW) Senior Waterfowl Program Manager Melanie Weaver, California historically has started waterfowl seasons in October to accommodate the early arrival of some duck species, like pintail, that arrive in late August. The peak concentrations do occur from mid-December to January or so, much of that having to do with stormy weather pushing birds further south. Additionally, habitat conditions tend to be more favorable and abundant in northern California, so there is incentive to stay put.

As far as season timing, federal regulations do not allow hunting of most migratory game birds past the last Sunday in January. Currently, we are in what is called the liberal regulations package for all four flyways. This allows California (Pacific Flyway) 107 days while Texas (Central Flyway) is allowed 74 days. California is allowed a longer season and higher bag limits because we have far fewer hunters than the other flyways (this equates to less harvest). CDFW could recommend that the season open in November or later but that would reduce the season length. CDFW has overwhelmingly heard that hunters value a longer season as that allows the greatest opportunity to get out. To be able to hunt past the last Sunday in January would require a change in the federal regulations.


Fishing for cuttlefish?
Question: Can you please tell me if recreational cuttlefish fishing is allowed in Los Angeles County? I am interested specifically in Santa Monica Bay from Playa Vista all the way down to Redondo Beach? (Karim B.)

Answer: Cuttlefish (a cephalopod closely related to squid and octopus) are seldom seen in cool California waters, so it’s unlikely you will encounter them here, thus we have no fishing regulations for them.


Possession of lead shotshell when hunting predators?
Question: Because I am near the state line and often hunt out-of-state, I keep lead ammo in my truck. Is this breaking the law? I understand that it’s against California law to have lead in the field. (Anonymous)

Answer: “It is unlawful to possess any projectile containing lead in excess of the amount allowed … and a firearm capable of firing the projectile while taking or attempting to take wildlife” (California Code of Regulations Title 14, section 250.1). If you are hunting from your vehicle in an area or for a species that requires the use of nonlead ammunition, leave your lead ammunition at home.


Lobster fishing in Santa Monica Bay
Question: Is there a restricted season for taking lobster in Santa Monica Bay? Appreciate any information and rules or regulations you can supply, if there are any. (Danny B.)

Answer: Yes, there is a restricted recreational lobster season in Southern California, not just in Santa Monica Bay. Lobster season is underway now — it always begins the Saturday preceding the first Wednesday in October and ends the first Wednesday after the 15th of March. But commercial take of lobster is always unlawful in Santa Monica Bay.

Some marine protected areas (MPAs) do not permit the take of lobster. There are no MPAs within Santa Monica Bay, but there are some immediately to the north and south of the Bay. You can find MPA regulation information in the regulations booklet, and in greater depth at http://www.wildlife.ca.gov/fishing/ocean/regulations/fishing-map/southern.

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

Scuba Diving through MPAs with Lobsters in Possession

California spiny lobster (CDFW photo by Derek Stein)

California spiny lobster (CDFW photo by Derek Stein)

Question: If a scuba diver legally enters an area for lobster, proceeds to catch lobster in that area but then is unable to exit the water safely, could they surface swim through a Marine Protected Area (MPA) zone with their catch and exit legally? (Tom)

Answer: Yes, the diver can swim through but should make sure they are clearly not actively hunting for lobsters. For example, if when kicking in on the surface and are right in close to the rocks, they then stop and shine their lights into holes or reach into holes, they may appear to be hunting for lobsters. If they have lobsters in their possession and a warden determines they are attempting to hunt, pursue, catch, capture or kill any lobster, they may be issued a citation for fishing in an MPA.

“Spear fishermen with or without catch shall be allowed to transit through MPAs and MMAs. While transiting MPAs and MMAs that prohibit spearfishing or while in possession of species not identified as allowed for take in the MPA or MMA being transited, spearfishing gear shall be in an unloaded condition, not carried in hand, and the diver shall remain at the surface” (California Code of Regulations Title 14, section 632(a)(8)).


Hunting with an Atlatl (spear thrower)?
Question: Is it legal to use an Atlatl, or spear thrower, to hunt game animals in California? If it is legal, what are the regulations for their use? (Charlie)

Answer: No, a spear thrower is not legal to use. Only methods defined in the 2016-2017 California Mammal Hunting Regulations booklet for the take of small game (CCR Title 14, section 311, on page 26) and for big game (CCR Title 14, section 353, beginning on page 27) may be used.


Personal limits vs boat limits?
Question: When on a boat with a group of fishermen, does the bag limit apply to the boat (as I believe I’ve read in the statutes and have seen on party boats) or does it mean that anyone catching their limit must stop fishing altogether?

I ask because we were ordered off the water when some wardens told us one of our friends could no longer be out there with us since his gear was still in the boat and he was considered to still be fishing. He was the only one with a limit.

Also, since fresh and saltwater regulations are slightly different, where in your regs are the lines of demarcation for San Francisco Bay? (Jerry Z.)

Answer: Boat limits apply to anyone fishing aboard a boat in ocean waters off California or in the San Francisco Bay (CCR Title 14, section 27.60(c)). Boat limits allow fishing by all licensed persons aboard until boat limits of finfish are taken and possessed aboard the vessel. Boat limits do not apply to sturgeon, shellfish or when fishing in inland waters.

“The San Francisco Bay is the waters of San Francisco and San Pablo bays, plus all their tidal bays, sloughs, estuaries and tidal portions of their rivers and streams between the Golden Gate Bridge and the west Carquinez Bridge. For purposes of this section, waters downstream of the Trancas Bridge on the Napa River, downstream of Highway 121 Bridge on Sonoma Creek and downstream of the Payran Street Bridge on the Petaluma River are tidal portions of the Napa River, Sonoma Creek and Petaluma River, respectively” (CCR Title 14, section 27.00).

“Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco Bay and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville” (CCR Title 14, section 1.53).

When fishing in inland waters, bag limits apply to each individual angler and not to the boat as a whole.


Bear skin rug and Alaskan whale bone carving for sale
Question: I have a bear skin rug, along with the head, that was the property of my mother-in-law. We also have a whale bone carving from an Alaskan artist. These are not things we wish to hold on to. Is there any way to sell these items in another state (outside of California) even though we live in California? What are the other options? (Kathy S.)

Answer: Regarding your bear skin rug, it is “unlawful to sell or purchase, or possess for sale, the meat, skin, hide, teeth, claws or other parts of any bear in this state (Fish and Game Code, section 4758). And as far as the whale bone carving, “it is unlawful to sell or purchase a bird or mammal found in the wild in California” (FGC, section 3039). So, if your carving comes from a whale that occurs in California waters, it may not be sold in the state. While neither of these laws apply to transactions taking place entirely outside of California, you are encouraged to consult the U.S. Fish and Wildlife Service to determine if any federal laws may apply.

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