Tag Archives: ocean fishing

Shooting Deer Across a Lake?

Photo credit: USFWS

Photo credit: USFWS

Question: Is it legal to shoot my rifle across open water to the other side? Say I am on one side of a lake and see a legal deer on the other side (let’s assume it’s 200 yards, not a good long range shot). Can I shoot across the lake or pond or river? (Larry E.)

Answer: It is never advisable to shoot over water due to the potential for a ricochet. However, it is not illegal under the Fish and Game Code and its implementing regulations as long as both you and the deer are on property where it is legal to hunt and you have permission to hunt the area. Keep in mind though that while shooting deer across a lake may not violate state regulations, there may still be other federal laws or local ordinances that could make this illegal. Be sure to check with local authorities first to ensure no other regulations legally prohibit this practice.


Sport fishing from a commercial boat?
Question: I have a friend with a commercial urchin boat who invited me to come out with him. Would it be legal for me to fish off the boat and to maybe even dive and do some spearfishing from the boat? I would stick to fish and not take any urchin while down diving. (Anonymous)

Answer: No. Under Fish and Game Code, section 7856(f): “A person shall not take or possess a fish on a commercial fishing vessel under a sport fishing license while that vessel is engaged in a commercial fishing activity, including going to or from an area where fish are taken for commercial purposes.”

Commercial boat captains may take friends and family out to fish from their boats when they are NOT engaged in commercial fishing. All commercially caught fish or invertebrates must be off the boat before the boat leaves the harbor for a trip where the captain and passengers will be engaged in sport angling, diving, hoop netting or setting traps for crabs. They must commit to one or the other type of trip ahead of time.


Oh deer, oh road kill
Question: I hit a deer while driving a few nights ago. The dang thing jumped right out in front of my car at the last minute while I was only going 35 mph. It lived but it got me wondering whether I could have legally taken it home. If I field dress a freshly killed deer that’s been accidentally hit by a car, and even if I don’t have a deer tag, I don’t see why I could not take it. Otherwise, it would just rot on the side of the road and go to waste. I’m not a road-kill eater, but if I killed a deer by accident, I wouldn’t mind taking it home and eating it and keeping the skin. (Anonymous)

Answer: Unfortunately, this would not be legal. Road-killed wildlife may not be retained. Only authorized personnel of state and/or local agencies are permitted to dispatch and remove injured or dead animals.

Even if you were a licensed California hunter with the appropriate tags to take the deer, you cannot legally tag that deer and take it home. Deer may only be taken with rifles, shotguns, pistols and revolvers, muzzleloaders and archery equipment. Motor vehicles are not included in this list of legal methods of take.

Although FGC, section 2000.5(a), states the accidental taking of game by a motor vehicle is not a violation of the law, it does not authorize the possession of animals taken by a collision with a vehicle. You may wonder why this is the case since it seems like it would be a waste of a deer to not be able to place a tag on it and perhaps save another from being taken. The reason is that some poachers would use the “collision” excuse to take deer at night with their vehicle and just attach their tag to justify the action.


Using two rods to reach bag limit?
Question: If I am using a two-rod stamp and I have four fish in my bag (daily bag limit is five fish), can I still use two rods or do I have to only fish with one rod as I only need one more fish to reach my limit? (Kyle M.)

Answer: You may continue using two rods in the scenario you describe but once you catch the last fish in your limit, you must immediately pull in the other rod.


Stocking my 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 some areas, including marine sanctuaries and state parks.

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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.

Freezing Fish Onboard My Second Home?

Private boat

Even if your boat is your second home, the law allows the take and possession of only one daily bag limit, unless otherwise authorized (Photo by Carrie Wilson).

Question: I do a lot of offshore fishing between Catalina and the Mexico border. After fishing and catching we spend a couple of days in Avalon or San Diego. Since my boat is my second home, is it legal to then filet my fish and freeze it on board my boat? Also, does the same rule apply to yellow fin tuna as to bluefin tuna? (Mike K.)

Answer: It doesn’t matter that your boat is your second home. The law says, “No more than one daily bag limit of each kind of fish … may be taken or possessed by any one person unless otherwise authorized” (California Code of Regulations Title 14, section 1.17).

For all of the rules on filleting fish on a vessel and a list of which fish may and may not be filleted aboard a vessel, please view section 27.65 on pages 34-35 in the 2016-2017 Ocean Sport Fishing Regulations booklet.

Regarding your questions on filleting and freezing yellow fin and bluefin tunas, CCR Title 14, section 27.65(b)(11) states, “For all species of tuna filleted on any boat or brought ashore as fillets south of a line running due west true from Point Conception, Santa Barbara County (34o27’ N. lat.) each fish must be individually bagged as follows:

A. The bag must be marked with the species’ common name.
B. The fish must be cut into six pieces with all skin attached. These pieces are the four loins, the collar removed as one piece with both pectoral fins attached and intact, and the belly fillet cut to include the vent and with both pelvic fins attached and intact.”

Tunas may be kept whole or in a manner that retains these identifying characteristics.


Pet shop fish for bait?
Question: Is it legal to use rosy red minnows from the pet shop for fishing? I have heard of bait shops selling them mainly out of California. I have also heard they are a mutation and don’t breed so they shouldn’t pose a problem. (Kev H.)

Answer: It is not legal to use aquarium or pet store fish for bait purposes, and they may not be planted in any waters of the state (CCR Title 14, section 227). However, rosy red minnows (a color variant of the fathead minnow) sold by a business with a live freshwater bait fish license issued by the California Department of Fish and Wildlife (CDFW) are legal to use in some parts of the state. Baitfish regulations vary by district. To see if you can use fathead minnows in the place you intend to fish, you should review sections 4.10 to 4.30 on page 17 of the 2016-2017 Freshwater Sport Fishing Regulations booklet.


Hammerless muzzleloader?
Question: I am interested in getting into muzzleloading and recently I came across a hammerless muzzleloader that is being offered by Vortex. My question is whether a hammerless muzzleloader is legal to use for hunting in California? (Chris A.)

Answer: Legal muzzleloaders are defined in CCR Title 14, section 353(c) and are described as “wheellock, matchlock, flintlock or percussion type, including in-line” muzzleloading rifles using black powder or equivalent black powder substitute, including pellets, with a single projectile loaded from the muzzle and at least .40 caliber in designation. With a muzzleloader tag, only open or peep sights are legal 353(h). Whether the muzzleloader has a hammer is irrelevant as long as it falls within the definition above. The Vortex rifle is an “in line” muzzleloading rifle.


Finding info on ocean bottom characteristics and habitats?
Question: Please provide me with a list of central and Southern California beaches that have the sandiest ocean bottoms and the least amount of rock formations. Additionally, if you are able, can you also include a list that has both the sandiest ocean bottoms and least amount of sea kelp? (Kevin R., California Sport Fisherman)

Answer: Yes. There are two resources available that you may want to check for this information.

  • CDFW Fishing Guide. The guide is available in mobile and desktop versions. Both have the same data included. You will find common areas for shore fishing with descriptions of target species and some habitats.
  • CDFW MarineBIOS application. This site includes habitat maps that will be helpful in exploring the sites with the most sand and the least amount of kelp. Start by zooming into your area of interest. Then, in the “layers” section under the “Habitats” group, you will find map layers for shore types, predicted substrate and kelp canopy. Turn on those layers by checking the box next to the descriptions. You can view a legend for each layer by expanding the description using the plus or arrow symbol. Detailed directions for interacting with the map can be found in the “help” section at the top right of the page.
  • Google Earth. This amazing resource also offers bathymetry seafloor mapping data of nearshore bottom substrate for most areas.

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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.

 

Religious Live Fish Releases

Channel catfish (Photo by Dennis McKinney, CDOW)

Channel catfish (Photo by Dennis McKinney, CDOW)

Question: I am looking for a place/beach to release live fish. Our religion says it is very good to release a live fish because you save a life and also you learn to be merciful to all of the lives in the world. I live in Orange County, but any places/beaches in Los Angeles or Orange County works for us. We have friends who get permission in Europe to do this. The government allows them to release only certain fish species in specific areas only. (Joo Pheng, Ooi)

Answer: What you are proposing cannot be authorized in California, even for religious purposes. It is illegal to transport live finfish as well as to release live finfish into waters different from where taken.

According to California Department of Fish and Wildlife (CDFW) Marine Aquaculture Coordinator Kirsten Ramey, prayer animal release can pose a serious risk to natural resources and society through the introduction of non-native and/or invasive species. California currently faces a variety of significant and lasting impacts from introductions of non-native and invasive species in both fresh and coastal waters. Just a few of these impacts include reduced diversity and abundance of native plants and animals (due to competition, predation, parasitism, genetic dilution, introduction of pathogens, smother and loss of habitat to invasive species), threats to public health and safety (via parasites and disease) and increased costs to business, agriculture, landowners and government (for invasive pest treatment and clean up).

One of California’s costly introductions was attributed to the aquarium trade, based on DNA evidence. Caulerpa taxifoli, an invasive algae originally from the Mediterranean Sea, has cost California more than $6 million to eradicate.

In terms of ecological impacts, the introduction of invasive species is thought to be second only to habitat loss in contributing to declining native biodiversity throughout the United States. California has been invaded by many aquatic plants and animals which have altered native ecosystems and taken a toll on recreation, commercial fishing and sensitive native species. For these reasons and more, it is unlawful to place, plant or cause to be placed or planted, in any of the waters of this state, any live fish, any fresh or salt water animal, or any aquatic plant, whether taken without or within the state, without first securing the written permission from CDFW (Fish and Game Code, section 6400).

Since releasing fish into public waters is not legal, here are a couple of other options. You could get involved with CDFW’s Trout in the Classroom program in which instructors and their students set up an aquarium in the classroom to raise fish for an eventual field trip to an approved local stream or river where the fish are released.

Another option might be to contact one of the registered aquaculture farms found on CDFW’s Aquaculture website. These businesses raise different species of fish and have private stocking permits allowing them to plant fish in approved private waters within the state. Perhaps one of these businesses will allow you to assist and plant one of the fish they will be stocking. Good luck!


Using black or blue rockfish for lingcod bait?
Question: Can one use black or blue rock fish as bait to catch lingcod? I have seen people do this but I believe you cannot since rockfish are considered to be a game fish. (John C., Roseville)

Answer: Yes, anglers can take black or blue rockfish that they have caught to send back down on a hook to catch lingcod. However, while those two species do not have minimum size limits, any legal rockfish you use as bait count toward your daily bag limit of rockfish.


License required for a nuisance coyote?
Question: Does someone need a hunting license to shoot a nuisance coyote on their property, or near their property, if they are the legal distance away from a residence to discharge a firearm? (Carol S.)

Answer: Coyotes are classified as nongame mammals in the Fish and Game Code (FGC) and if found to be “injuring growing crops or other property” (FGC section 4152), they can be taken on your property without obtaining a hunting license. However, if a coyote is NOT injuring your property, you will need to obtain a hunting license before taking it (FGC section 3007). Before you do anything though, you should first check with your local Sheriff’s department regarding any city, county, municipality laws and regulations that may apply to be sure this will be legal to do in your area.


Fish and game regulation of groundfish
Question: Current fish and game regulations limit the fishing depth for groundfish in Southern California to 60 fathoms or 360 feet. I need to know how far from the shore line this depth limitation is enforced. I saw from another link on your website that the State of California’s fishing jurisdiction only goes out to three miles from shore. (James J.)

Answer: The depth limit is enforced out to 200 nautical miles from shore. Groundfish are jointly managed by the states and federal government, and the U.S. Exclusive Economic Zone (EEZ) extends from California’s three nautical mile state waters boundary out 200 nautical miles. CDFW is authorized to enforce California laws throughout the EEZ regarding individuals and vessels operating out of California ports. CDFW wildlife officers have also been delegated authority to enforce several federal laws in the EEZ. Also, keep in mind that depth limits may differ depending upon which groundfish management area you are fishing in.

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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.

How to Find Legal Target Shooting Areas?

Target shooting improves one’s shooting skills and accuracy. It is also a great way to introduce someone new to safe gun handling practices and the shooting sports. In this photo, Harry Morse practices his skills at the “Birds Landing Hunting Preserve and Sporting Clays Course” near Fairfield. (Photo by Carrie Wilson)

Target shooting improves one’s shooting skills and accuracy. It is also a great way to introduce someone new to safe gun handling practices and the shooting sports. In this photo, Harry Morse practices his skills at the “Birds Landing Hunting Preserve and Sporting Clays Course” near Fairfield. (Photo by Carrie Wilson)

Question: A friend used to own property just outside the city limits and we were able to legally shoot our rifles on his property. Times have changed though and we now need a new place where we can we still legally shoot our rifles and shotguns for sport. We’re not hunters; we just practice target shooting. How do we go about finding places where we can legally shoot? (Gracie R., Carlsbad)

Answer: Your best bet is to contact the closest Sheriff’s Office that patrols the area where you want to target shoot. The California Department of Fish and Wildlife (CDFW) does not regulate target shooting nor keep track of all the potential target shooting areas available to the public. This issue basically comes down to county shooting ordinances and landowner permission. I think you will find most cities do not allow discharge of firearms within their city limits, so contact the local Sheriff’s Office to see what county areas may be open.

For public areas like U.S. Forest Service (USFS) or Bureau of Land Management (BLM) property, contact the applicable regional station or headquarters that oversees the area. Some USFS or BLM lands may have designated target shooting or plinking areas. They may also have other areas on their properties where target shooting is allowed, but it’s always a good idea to check ahead of time to be sure it is legal with the applicable county as well.

Otherwise, for public and private gun clubs or shooting ranges in your area, you might try http://www.wheretoshoot.org from the National Shooting Sports Foundation website. I’ve used this site often and they make it easy to find a safe and licensed range in your local area to target shoot or to introduce someone new to the shooting sports.


How to prove the sex of a turkey?
Question: Since only tom turkeys are legal to take during the spring season, how do I prove the sex to an inquiring game warden? Must a wing be left on? A beard left on? Both left on? One or the other left on? (G.B.G.)

Answer: The regulations are intended to require that only tom turkeys may be taken during the spring season, but the law specifically states that the turkey must be “bearded” (a bearded turkey is one having a beard visible through the breast feathers). In most cases a beard will distinguish the animal as male, but in some rare incidents hens may also have them.

Keep the beard attached to the carcass until you return to your residence. You may pluck the bird in the field, but remember to keep the beard connected to the body.

Toms and hens can be easily determined by their significant head and wing color differences. If by chance you run across a rare bearded hen, even though the provisions of the law may allow you to take it, we strongly discourage it. Spring is the turkeys’ primary mating and nesting period so hens may not be harvested in order to protect their production


Catching fish with baited fish traps?
Question: Is it legal to use baited fish traps in Southern California? I see in the regulations where it refers to the use of baited traps to catch a variety of fish species in the San Francisco area (California Code of Regulations, section 28.75). Is this the only place where this method of take is allowed? (Corey)

Answer: Baited traps may not be used to take fish in ocean waters off Southern California. This is legal only in San Francisco and San Pablo bays, their tributaries, etc., and in the ocean and bays off of Marin, Sonoma and Mendocino counties for a few specified species of ocean fish. Only hook-and-line or hand may be used to take finfish (per Section 28.65) unless other, specific permissions are provided in regulations listed in the Gear Restrictions section (which begins on pg. 45 of the current California Ocean Sport Fishing regulations booklet).


Spearfishing without a license?
Question: I know it’s legal to fish without a license off public piers, but is there anywhere to go spearfishing without a license? (Keith H., Santa Barbara)

Answer: No, there is usually no place you can spearfish without a license, but there are two free fishing days per year, usually around the Independence Day and Labor Day holidays. On those two days, spearfishing without a license is allowed (bag limits and other regulations still 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.

Selling Tickets for a Fundraiser Serving Abalone?

Red abalone can be shipped out of state only certain conditions. (© Derek Stein)

Sport-taken abalone may not be bought, sold, bartered or traded. To use abalone for a non-profit fundraising dinner, the cost of attending the dinner must be advertised as a requested donation to the organization putting on the dinner (Photo by Derek Stein)

Question: My husband and I dive for abalone in Humboldt where we live. If we don’t consume them right away, we freeze them whole in the shell as the local wildlife officer advised us years ago. I also work for a nonprofit hospice in Sutter County and they will soon have a fundraiser at a private house where many of our staff will prepare appetizers for 100 guests. I want to prepare abalone appetizers from three abalone that we already have tagged and frozen from last season. The event is being professionally catered for the meal and dessert and so they are selling tickets, but no one is paying for or making money from the abalone I want to cook. The abalone is such a minuscule part of the meal. I just want to make sure I am allowed to bring it to an event like this and I was not able to find anything specific about that in the regulations. Please advise. Thank you. (Amy M.)

Answer: Sport-taken abalone may not be bought, sold, bartered or traded (Fish and Game Code, section 7121.) If sport-taken abalone are used for a non-profit fund-raising dinner, then the cost of attending the dinner must be advertised as a requested donation to the organization putting on the dinner. In your situation, if you are just providing a few abalone for an appetizer, and as long as the dinner is not advertised to contain abalone in order to sell more tickets to the fund-raising dinner, then you will not be violating the law.


Are hunters required to wear blaze orange hunting vests?
Question: I recently completed my hunter safety education course, got my license and went hunting with a small group on private land. None of us wore hunter safety orange vests as we were all together at all times and in each others line of sights. I see hunting shows where they sometimes don’t wear the orange hunter vests either. When do you wear the vests? Is it acceptable to not wear them while on private land when you’re with a small group and know where everyone is? Or, do you have to wear blaze orange all the time while hunting? (Joseph L.)

(Photo courtesy of National Shooting Sports Foundation)

(Photo courtesy of National Shooting Sports Foundation)

Answer: Though some states require hunters (especially when hunting upland game) to wear blaze orange all the time while in the field for safety reasons, California Fish and Wildlife laws do not require it. However, keep in mind that some military bases such as Camp Hunter Liggett and Camp Roberts do require blaze orange. It is a good idea to wear this distinctive color whenever possible for your safety as it does help you to stand out. You’ll find that orange is being incorporated more and more into hunting camouflage patterns to provide greater safety. One thing to note for deer hunting, deer cannot detect the color orange. To deer, orange looks gray.


Can local police issue Fish and Game citations?
Question: Can local police issue a violation for no fishing license? (Phil F.)

Answer: Yes, they are authorized to cite people who are breaking fish and wildlife laws but in many cases they will contact the California Department of Fish and Wildlife (CDFW) and turn the case over to our wildlife officers.


Shooting clay pigeons in dove fields when doves out of season?
Question: Is it legal to shoot clay pigeons in the same fields that I use for dove hunting when doves are not in season? (Richard X.)

Answer: Fish and Game laws do not generally cover target practice. However, Fish and Game law does prohibit target practice on most state wildlife areas, except in specifically designated areas that are identified as such. Keep in mind that shooting clay targets produces a lot of litter. Please make sure you have the property owner’s permission before you do it and comply with their requirements regarding cleanup.


Glasses when abalone diving?
Question: I wear reading glasses. I don’t like to take my glasses on the beach or in the water with me because I don’t want them to get scratched. However, without my glasses, I cannot clearly read the new abalone cards. Last season I accidentally used the wrong tag (one that was not in sequential order) because I could not read the numbers. What can I do to make this easier? (Zoe D., Trinidad)

Answer: I can empathize with your frustrations. You may want to consider including non-prescription reading glasses and/or a small magnifying glass in your dive bag or innertube. Either can be purchased at many convenience stores for under $15. At least with these you would not have to risk losing or breaking your prescription glasses and you will be able to comply 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.