Tag Archives: MPAs

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.

Peace Officer, Archery Hunting and Off-duty Weapon

CPW bow hunter_Tyler Baskfield_22336

A peace officer, whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow, but shall not take or attempt to take deer with the firearm.

Question: My question is about peace officers carrying a handgun while archery hunting. The way I read the Fish and Game Code, it only states that you may carry a firearm capable of being concealed on his or her person, not that it shall or will be concealed. I always carry a backpack while hunting, and I usually carry my off-duty weapon on the waist belt under a pouch. This is not totally concealed, so is it acceptable or is it going to be left to officer discretion in the field? (Ken)

Answer: Yes, this is acceptable, but make sure to carry your peace officer identification to avoid any confusion.

“A peace officer …, whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow …, but shall not take or attempt to take deer with the firearm” (Fish and Game Code, section 4370(b)).


Lifetime fishing license is too long!
Question: I purchased a lifetime fishing license about 10 years ago. What used to be a small piece of paper that I could put in my wallet or keep in my tackle box has grown to where it’s now more than six feet in length. How about giving me a credit card type of license I can recharge every year instead of a new one? This would save a lot of money and be a lot easier to carry. (Michael T.)

Answer
: When lifetime items are renewed online, multiple items (tags, report cards, etc.) ordered together may arrive in one envelope and be printed out together as one long document. This accounts for the document length you describe, but just so you know, you should separate your documents on the dotted line printed between documents to make them more manageable.

According to California Department of Fish and Wildlife (CDFW) Associate Governmental Program Analyst Brent George, our License and Revenue Branch at one time considered a credit card system for lifetime license customers. Although the idea has some merit, they found that given California’s large population, and the overall complexity of sport fishing and hunting privileges available throughout the state, this solution is not practical. CDFW always tries to consider all viable options when developing licensing solutions for California’s hunters and anglers.


Spearfishing in Duxbury Reef State Marine Conservation Area
Question: I have a question regarding fishing regulations as they apply to spearfishing in the Duxbury Reef State Marine Conservation Area. The regulation provides that “take of all living marine resources is prohibited except the recreational take of finfish (California Code of Regulations Title 14, section 632(a)(2)) from shore and abalone.” Can I swim from shore and spearfish? I would assume the answer is yes because one has to swim from shore to dive for abalone, so swimming from shore to spearfish should similarly be allowed. What about using a kayak to get out to the dive spot? Or, what about inner tubes or boogie boards? (Gary R.)

Answer: Although you may swim from shore to take abalone, you may not spearfish in the Duxbury Reef State Marine Conservation Area. Finfish may only be taken from shore in this area (CCR Title 14, section 632(b)(50(B)).


Need a definite schedule for upcoming grunion runs
Question: I grew up in California but now live in New York. I am coming for a visit and would love to bring my kids to see a grunion run. I have your schedule but want to know if it is a definite schedule. I know they follow the full moon cycle but just want to know if there has ever been a time when you predicted the grunion will spawn on a certain day but they did not? (Andrea C., New York)

Answer: Grunion runs will occur on most southern California beaches, but unfortunately for people trying to see the grunion runs, they may not occur every night on the same beaches and may be limited to small areas of any one beach. Sometimes grunion choose not to run on beaches that are known for grunion runs; only they know why. Long story short, there are no guarantees, but as with most fishing efforts, if you don’t try you certainly will not see or catch any fish!

Grunion will spawn somewhere in their range on the days predicted; if they do not show up on one beach, they are usually at another beach. The schedule predicts the best possible times to view the runs, based on years of documentation of their behavior. Beaches that frequently host grunion runs are listed online under What Every Grunion Hunter Should Know > Best locations, on http://www.dfg.ca.gov/marine/grunion.asp#hunter.

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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.

Which Fish Species Can Be Filleted at Sea?

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 species are allowed to be filleted at sea. Please check the 2015 Ocean Sport Fishing Regulations booklet (section 27.65[c] on pages 33-34) for an outline of which species may be filleted at sea while on a boat, and which may not.

Question: I need to get the straight answer regarding filleting game fish while on a boat. In the ocean/bay waters, do I need to keep stripers and leopard sharks intact until I get home or can I keep the fillets in one piece with a one inch or more square of skin left on each fillet? Also, are the rules different for inland waters regarding the filleting of fish? (Howard A.)

Answer: You can find an outline of which species may be filleted at sea while on a boat and which may not under section 27.65(b) and (c) on pages 33-34 in the Ocean Sport Fishing Regulations booklet. Only those listed as allowed to be filleted can be filleted. Striped bass and leopard sharks are not on this list and so may not be filleted at sea.

  • Section 27.65(c): Fish That May Not be Filleted, Steaked or Chunked: No person shall fillet, steak or cut into chunks on any boat or bring ashore as fillets, steaks or chunks the following: any species with a size limit unless a fillet size is otherwise specified in these regulations. California halibut may be filleted or brought ashore as fillets south of Point Arena (Mendocino County).

Since the regulations specify minimum lengths for stripers (18 inches total) and leopard sharks (36 inches total), but no fillet lengths, neither species can be filleted while on a boat or brought ashore as fillets, steaks or chunks.


Hunting with a .22 caliber rimfire in a lead free zone?
Question: I was wondering if you could still hunt with lead .22 caliber rimfire in a lead free zone. I’ve been looking for lead free .22 caliber rimfire rounds and its very slim pickins out there. (Cory S.)

Answer: Although the availability of nonlead ammunition may be improving with time, the California Department of Fish and Wildlife (CDFW) recognizes it can still be hard to find some calibers. It will take additional planning to participate in hunts where nonlead ammunition is required. We encourage hunters who intend to participate in these hunts to plan well ahead to be sure they have legal ammunition. There are a number of lead free .22 rimfire rounds that are manufactured, and stores in the California condor range may be most likely to have them in stock. We recommend searching on the Internet and calling ahead to local retailers. Remember that .22 rimfire is only legal to use when hunting small game and nongame animals. Current law does not require use of nonlead ammunition when taking rabbits or tree squirrels, unless you are hunting on CDFW lands, but nonlead ammunition will be required statewide for all hunting beginning July 1, 2019.


About Marine Life Protection Act (MLPA) web map
Question: I read a journal article recently about California’s Marine Protected Areas (MPA) but cannot locate a website showing exactly where the MPAs are. Do you have anything posted online where I can go or something you can send me? (Jamie)

Answer: Printed MPA guidebooks are available via some of the same vendors that sell fishing licenses so that you can easily obtain them (see http://www.dfg.ca.gov/marine/mpa/guidelocations.asp). If you have problems finding a guidebook, please contact your local CDFW office and ask them to send you one.

If you like the utility of Google Maps, you might appreciate MarineBIOS (see http://map.dfg.ca.gov/marine/ ) a map that you can use to zoom in close on marine protected areas to get a fix on the boundaries. MarineBIOS lets you choose your “basemap.” You can use satellite imagery, a street map or other basemaps, whatever makes the most sense for your situation. (Click on the green basemaps button in the upper left-hand corner of the screen to access these options).

If you have a smartphone or other mobile device with GPS capability, you can use the map on MPAmobile (www.dfg.ca.gov/m/MPA/) to show you where you are in relation to any MPAs, and you can look up information on individual MPAs.

All this information and more is available online at (www.dfg.ca.gov/marine/mpa/). On this web page, in the Popular Resources box to the right, you’ll find the top four big blue buttons lead you to these resources, so these should help you learn where California’s marine protected areas are.

A new Marine Management News blog post also describes resources you can use to learn about MPAs (see https://cdfwmarine.wordpress.com/2015/06/02/mpa-maps/). If all else fails, you can email your MPA questions to AskMPA@wildlife.ca.gov and we will be glad to assist you.

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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.

Bowfishing from a Moving Vehicle?

Bowfishing for carp in Big Bear Lake (Photo courtesy of John Poimiroo)

Bowfishing for carp in Big Bear Lake is one of the methods used by water managers to help control the growing invasive carp population. Big Bear is also a popular lake for bowfishing anglers and carp fishing derbies. (Photo courtesy of John Poimiroo)

Question: I get stopped and questioned by officers fairly often while bowfishing. I have been trying to find out more information about the bowfishing regulations but the freshwater sport fishing guide is unclear to me. Is it legal to bowfish from a moving vehicle, like from the bed of a pickup? Is it legal to bowfish in the California Aqueduct or State Water Project? I was told by an officer that it was not. (Justin F.)

Answer: No arrow or crossbow bolt may be released from a bow or crossbow upon or across any highway, road or other way open to vehicular traffic (California Code of Regulations Title 14, section 354(e)). In addition, 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 position while in or on any vehicle (CCR Title 14, section 354(i)).

Regarding where and what you may take while bowfishing, “bow and arrow fishing is permitted only for the taking of carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey, all year, except in:

• Designated salmon spawning areas (Fish and Game Code, section 1505).

• The Colorado River District where only carp, tilapia, goldfish and mullet may be taken.

• The east fork of the Walker River between Bridgeport Dam and the Nevada state line where only carp may be taken” (CCR Title 14, section 2.25).

Bullfrogs may also be taken by bowfishing under some conditions (CCR Title 14, section 5.05).


Hunting on an Indian reservation?
Question: The Colorado River Indian Tribes (CRIT) Reservation is in deer zone D12 along the Colorado River. D12 maps show that all of this land is legal to hunt with a California hunting license and deer tags right up to the Colorado River. Can I legally hunt on CRIT Reservation land because it is within California D12, or should I stay away from reservation land? (Anonymous)

Answer: A person who is not a tribal member and wishes to hunt on the CRIT Reservation would have to comply with both California and tribal law, which requires a hunting license issued by the CRIT in addition to a California hunting license and deer tag. You should contact the CRIT’s Fish and Game Department and consult the CRIT Natural Resources Code for further information about hunting on this Reservation. CRIT contact information and the CRIT Natural Resources Code is available at http://www.crit-nsn.gov/.


Rules on drones in Marine Protected Areas?
Question: What are the rules regarding drones? Specifically, are there any regulations regarding flying drones in Marine Protected Areas (MPAs)? (Jeanée Natov)

Answer: It is a violation to fly any aircraft, including any airplane or helicopter, less than 1,000 feet above water or land over the Año Nuevo State Reserve, the Farallon Islands Game Refuge, the Point Lobos State Reserve, the California Sea Otter Game Refuge, and Anacapa, San Miguel, Santa Barbara and San Nicolas Islands, except for rescue operations, in case of any emergency, or for scientific or filmmaking purposes under a permit issued by the department after a review of potential biological impacts (Fish and Game Code, section 10501.5).

Federal regulators of the FAA and NOAA also restrict the use of drones. Flying motorized aircraft (except valid law enforcement) is prohibited less than 1000 ft. above any of the four zones of the Monterey Bay National Marine Sanctuary which are listed in Appendix B (Code of Federal Regulations Title 15, section 922.132(a)(6)). Individuals should consult the MPA- specific regulations in section 632 of Title 14 for special restrictions for individual MPAs. There may be additional regulations prohibiting disturbance of nesting and rafting birds offshore that are covered under federal law.


Firearm for self defense during archery season?
Question: During an archery hunt, can a member of your group who is a licensed hunter, but does not have a deer tag, be in possession of a firearm strictly for self-defense? I will be archery hunting for the first time this year and I plan to travel into the backcountry on foot. A friend who will be coming with me has always had reservations about traveling in bear/mountain lion habitat unarmed due to some unfortunate run-ins in his past. (Kevin K.)

Answer: If it helps put you at greater ease, dangerous encounters by hunters with bears and lions are extraordinarily rare. As long as the person is not hunting with archery equipment, does not have a tag, and is simply accompanying you, then he may carry a firearm. You must be in a location where it is legal to carry a firearm, and your friend cannot assist in the take in any way.

With limited exceptions for active or retired peace officers, archery hunters may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery-only tag (CCR Title 14, section 354(h)).

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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.

Stowing Gear through Marine Reserves?

Fishing gear shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area. (Photo by Carrie Wilson)

Fishing gear shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area. (Photo by Carrie Wilson)

Question: I would like a definition of “stowed” in regard to fishing gear while transiting a state marine reserve. The reason I ask is that a sport fisherman reported he was stopped by a patrol boat at the Channel Islands and told he could have been cited for having his rods in the rod holders. He was told he should have had them in his small cuddy.

It does not seem reasonable to require my buddies and I “stow” all our rods and reels in my cabin every time we need to make a move across a state marine reserve. Or when we are at an island, we should not be required to drive six miles out, then whatever distance across, and then back in another six miles … at $4 or more a gallon. All of this would be quite a hardship for those of us fishing from private sport boats just to stow our fishing gear when maneuvering around state marine reserves. (Fred H., Anaheim)

Answer: There is no requirement for equipment to be stowed under the Marine Life Protection Act laws covered in section 632 of the California Code of Regulations Title 14. CCR Title 14, section 632(8) covers the law you are referring to as follows:

Transit or Drifting. Vessels shall be allowed to transit through marine protected areas and marine managed areas with catch onboard. Fishing gear shall not be deployed in the water while transiting through a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area.


How to catch an octopus?
Question: My Italian grandmother asked my brother and me to bring home some fresh octopus so that she can make her favorite pasta dish. The only problem is we don’t know how to catch them. Can you help us out? (Joe K.)

Answer: You will have to be creative on this one. Fortunately, there are no size limits on octopus and the bag limit for each of you is 35 (CCR Title 14, section 29.05(a)). California sport fishing regulations allow you to catch them only by hook and line or with the hands (CCR Title 14, section 29.10(a)). You cannot catch them with traps or spears. The most common way to successfully catch them in California is by hand while diving with snorkel or scuba equipment. It’s also unlawful to use any chemicals, such as bleach, to attempt to disturb octopi from their hiding locations.


Use of electronic calls out of season?
Question: I was wondering if it is legal to use electronic calls for animals and birds out of season for things such as bird watching or scouting? I have heard yes and no from different people, so I want to clarify. Also is it even legal to call with non-electronic calls out of season? (Taylor F.)

Answer: Yes, this would be legal as long as you do not have any methods of take with you. The prohibition against electronic calls only applies when “taking” birds/mammals (Fish and Game Code, section 3012 & CCR Title 14, section 475(b)).


Don’t eat those mussels!
Question: Yesterday we collected a few mussels at low tide at Chicken Ranch Beach with the kids (past the Inverness Yacht Club). They are of a decent size, about 3 to 4 inches, and all black. Are they safe to eat? (Ben)

Answer: Don’t eat those mussels! There is currently an advisory out against consuming sport-taken shellfish in Marin County – please see www.cdph.ca.gov/Pages/NR13-009.aspx . A great Q&A about mussel quarantines is located at www.cdph.ca.gov/Pages/MusselQuarantineFAQ.aspx. The California Department of Public Health shellfish biotoxin information line is (510) 412-4643 or toll-free at (800) 553-4133 – you can check with them at any time to see whether there are advisories in effect for your area. And finally, the California Department of Fish and Wildlife (CDFW) posts advisories on the CDFW website at www.dfg.ca.gov/marine/healthadvisory.asp.

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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.