Tag Archives: regulations

Nonlead Shot Required for Eurasian Collared-Doves?

Eurasian Collared-Dove (Creative Commons photo)

Question: I am preparing my gear for the Sept. 1 dove opener and am wondering if I have to use nonlead shot for Eurasian collared-doves since they are a nonnative species with no season or limit? Do I have to carry two types of shells – lead and nonlead – to hunt both mourning doves and Eurasian collared-doves on the opener? Help! I am so confused. (Anonymous)

Answer: Thanks for your question. We’ve received many similar questions in recent days. For the 2017 dove season opening statewide Sept. 1, lead shot is permitted for the taking of Eurasian collared-doves, mourning doves and white-winged doves – as long as you are hunting outside of a state wildlife area or ecological reserve.

California is phasing-in the use of nonlead ammunition for hunting. Until July 1, 2019, doves quail and snipe will not be included in the nonlead shot requirements unless hunting on state wildlife areas or ecological reserves where nonlead shot is required for all hunting.  In addition, hunting programs on military bases now require nonlead for all hunting as well.

You are correct in that the Eurasian collared-dove is a non-native species that can be hunted year-round with no daily bag or possession limit. The Eurasian collared-dove is officially defined as a dove and listed as a game bird under Resident Small Game (California Code of Regulations, section 257) and, like all doves, quail and snipe, can be taken with lead shot. Eurasian collared-doves do not count toward your daily bag and possession limit of mourning and white-winged doves.


Determining creek and river boundaries during closed seasons
Question: When a stream, river or creek is closed year-round or has a closed season, how do you determine the boundary between the closed creek, stream or river, and the river it flows into? Water flows can change on a daily basis depending on dam releases, rain, snowmelt etc. I see the regulation for flows from rivers/creeks into lakes (CCR Title 14, section 1.44). I heard from one person that the California Department of Fish and Wildlife (CDFW) told them the boundary was 100 yards, but then another person said the boundary extends 300 yards into the creek or stream. For example, the area where Cottonwood Creek or Battle Creek flows into the Sacramento River in Northern California. (Bryan R.)

Answer: Generally, for areas where a creek flows into a river, the term “mouth” or “confluence” is used to describe the boundary or divide between the two bodies of water. For your example, if a person was floating downstream in Battle Creek, once they passed the location where the channel of Battle Creek ends (which is the mouth or confluence), they would be in the Sacramento River. (For a description of the boundary or divide between an area or body of water, go to CCR Title 14, sections 7.00 and 7.50).

The Fish and Game Commission defines “stream” (which includes rivers) for the purpose of hunting and fishing as, “…a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation” (CCR Title 14, section 1.72).


Saltwater use of dead carp
Question: Many lakes want people to catch and remove carp yet they cannot be disposed of on site, and many people do not eat them. I have used cut carp in the Imperial Valley for catfish and it has amazingly tough skin that sometimes has to be cut off the hook. I would like those properties for shark/ray bait when casting into the surf but do not know about the legality of using carp. Can carp be used as chum or bait in saltwater? Their tough skin may also be a plus as a lobster bait. Can carp be used as bait in freshwater? It they could be used as bait, this might encourage people to remove them from our lakes as they then would then have a viable use. (Jim G.)

Answer: There are no regulations that prohibit the use of dead carp as bait in saltwater. However, the use of fish as bait in freshwater is only allowed in certain locations. To find a complete description of where finfish may be used as bait, see CCR Title 14, sections 4.00 through 4.30 found at http://www.wildlife.ca.gov/Fishing/Inland/2017-Regulations#ch2art3.


Bow hunting during a general season
Question: Is it legal to hunt deer and/or big game in California with a bow during the general season? (Clayton S.)

Answer: Yes, so long as your archery equipment meets the general requirements for “Archery Equipment and Crossbow Regulations” found in the California Mammal Hunting Regulations and CCR Title 14, section 354(c).

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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.

Possessing Steel and Lead while Hunting Chukar and Quail?

Chukar (CDFW photo)

Question: The ban on hunting with lead ammunition is being phased in. It now includes chukar, while the use of lead will continue to be allowed for quail until the 2019 season. My question is can hunters carry both types of shells (lead and steel) in the field if they are hunting areas where they might reasonably expect to find both species, switching between one and the other depending on what birds they bump? Or must they only possess steel (or bismuth or tungsten or other certified nonlead ammunition) while hunting chukar, and then have to use that ammunition if they run into quail? (Jim M.)

Answer: No. When hunting and targeting two different species, and the possession of lead ammunition is prohibited for one of those regulated species but not the other, you are held to the confines of the most restrictive regulation. In this case, chukar fall under the regulation that says, it is “unlawful to use, or possess with any shotgun capable of firing, any projectile(s) not certified as nonlead…” (California Code of Regulations, section 250.1(d)(2)).

Thus, if you are using your trusty shotgun to hunt both quail and chukar at the same time, steel/nonlead ammo is required.


Shrimp fishing legal?
Question: I have been trying to research whether it is permissible for a recreational license holder to trap for shrimp in the ocean. Can you please help me understand if this is allowed and if there are any restrictions on type of traps, limits, etc. or any other restrictions that I should be aware of? (Kevin B., Santa Barbara)

Answer: Yes, it is legal to take any type of ocean shrimp in California waters, but spot prawns are the most desirable and sought after for eating purposes. However, because California’s spot prawns are found so deep – usually 100 fathoms (600 feet) or more – and the bag limit is only 35, most people are not interested in trapping these shrimp recreationally.

Another option is the lesser known coonstripe shrimp, also referred to as dock shrimp for their habit of sometimes living around pilings. Unlike spot prawns, coonstripe shrimp inhabit relatively shallow water and can be fished close to shore with lightweight traps. They may occur out to depths of 600 feet, but fishermen often set their traps between 70-150 feet. The sport limit is 20 pounds per day (the first 20 pounds taken, regardless of size or condition), and there is no closed season or size limit for the sport fishery. While they range from Sitka, Alaska to (at least) Point Loma in San Diego County, the highest concentrations of coonstripe are found in far northern California, near Crescent City.

Shrimp and prawn traps may be used to take shrimp and prawns only. South of Point Conception, trap openings may not exceed one half-inch in any dimension, effectively prohibiting shrimp and prawn trapping in the region. This requirement is intended to protect juvenile lobster. For For traps fished north of Point Conception, trap openings may not exceed five inches in any dimension.

To learn more about fishing for these interesting shellfish, please check out the crustaceans section of the current Ocean Sport Fishing regulations for the regulations, legal gear, limits and other information you will need to know (CCR Title 14, sections 29.80 through 29.88).


Is lead shot legal or illegal for doves this season?
Question: I keep hearing from tons of folks who are saying that lead shot is illegal for doves this season. I can’t find anything in the regs that say that, except for when hunting on California Department of Fish and Wildlife (CDFW) lands or in the condor zone. The way I read it, lead shot is OK for doves until July 2, 2019. Am I correct or wrong? (Bill K.)

Answer: You are correct. Effective July 1, 2016, nonlead shot is required when taking upland game birds with a shotgun. Exceptions include when hunting dove, quail, snipe; or any game birds taken on licensed game bird clubs. In addition, nonlead shot is now required when using a shotgun to take resident small game mammals, nongame birds, and any wildlife for depredation purposes. For more on the nonlead ammunition implementation, please check our Nonlead Ammunition in California website.


Do smoked fish stored in a freezer count as in possession?
Question: For the regulation of five fish bag limit and ten in possession, do fish that are smoked and retained in freezer count for the latter? (Bob M., Anderson)

Answer: “No more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean named in these regulations may be taken or possessed by any one person unless otherwise authorized; regardless of whether they are fresh, frozen, or otherwise preserved” (CCR Title 14, section 1.17). Trout regulations generally allow possession of double the daily bag limit and is covered in the “unless otherwise authorized” exemption described above. To specifically answer your question, smoked or retained fish in a freezer are part of your possession limit.

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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.

Drones for Fishing Offshore

Drone (Photo by USFWS)

Question: I have seen many videos of people using drones to fly their bait out to deeper water. I know drone use is illegal for hunting land animals, but what about for fish? Here is a link to a video of some guys using a drone to fish for tuna. (Mark G.)

Answer: There is currently nothing in the Fish and Game Code or California Code of Regulations Title 14 regulations prohibiting use of drones (or kites or remote control boats) to get your terminal gear out to locations beyond where you can cast. However, drone operators need to comply with all laws applicable to drone use, including restrictions on where they may be operated.


Bag limits for trout and kokanee separate or combined?
Question: I have a question about bag limits for trout and kokanee salmon. In just about every lake I fish, the bag limit is five trout per day. Some of these lakes also contain kokanee salmon, which also have five fish limits. When trout and kokanee occur in the same lake, are their bag limits separate or combined? For example, do two trout AND three kokanee equal one daily bag limit, or could five trout equal one limit and five kokanee equal another bag limit? Could one bag limit be comprised of five trout AND five Kokanee or is the bag limit a total combined limit? I have always assumed it was five per day total no matter what the species. (Ryan H.)

Answer: In 2015, a regulation was adopted by the Fish and Game Commission to expand angler opportunity and define kokanee as an inland salmon, which is exactly what it is. Since kokanee are considered landlocked salmon and not trout (CCR Title14, section 1.57), the bag and possession limits for each species are separate, not combined.


Is it legal to possess a found deer skull with antlers?
Question: I recently found the remains of a dead blacktail deer on public land in northern California. From what I could discern, the buck died of natural causes due to a lion turning him into lunch. Is it legal to retain the skull and antlers from this deer? Clearly, the antlers are not natural sheds and there is not a cancelled tag associated with the antlers. (Mike M.)

Answer: Yes, this would be legal. The Fish and Game Code does not prohibit possession of the dried skull and antlers of a deer that died of natural causes.


Kids and two rods
Question: My nephew (13 years old) will be coming to visit me in the Sierra this month, and I am looking forward to taking him fishing. I’m wondering if he can troll/bait fish with two rods? Would a second rod validation be required? If so, can a second rod validation be purchased without buying a sport fishing license? (Ryan H.)

Answer: Anglers younger than 16 years old are not required to buy a fishing license nor a second rod validation in order to fish with two rods. We are always happy to hear about experienced anglers taking young people out to teach them how to fish. Good luck to both of you and thank you for passing along the tradition!


Will traditional muzzleloaders be required to switch over to nonlead?
Question: I like to hunt with a traditional muzzleloader (1840s era reproduction) that uses round balls. Due to the new law requiring nonlead ammunition, will I be required as of 2019 to use nonlead round balls? (Fred H.)

Answer: Yes. Effective July 1, 2019, nonlead ammunition will be required when taking any wildlife with a firearm anywhere in California. New nonlead forms of traditional ammunition are currently being developed. Nonlead muzzleloading ammunition is readily available with plastic sabots holding copper slugs. The sabot system protects your barrel if that is a concern. For a list of certified nonlead ammunition and for more information on nonlead hunting requirements, please visit our “Nonlead Ammunition in California” website.

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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.

Compliance Requirements with Game Wardens?

Game warden Nicole Kozicki checks a waterfowl hunter’s hunting license

Question: What are the penalties for refusing to cooperate with and speak to a California Department of Fish and Wildlife (CDFW) game warden or to show I.D. upon request? (P.T.)

Answer: You are required to show your hunting or fishing license, tags and/or harvest report cards, proof of identification and any fish or game in your possession upon request. “All licenses, tags, and the birds, mammals, fish, reptiles, or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed to be, and capable of being used to take birds, mammals, fish, reptiles, or amphibians shall be exhibited upon demand to any person authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles, or amphibians” (Fish and Game Code, section 2012). Noncompliance with this regulation is punishable as a misdemeanor.


Are spiny dogfish considered sharks under the sharkfin ban?
Question: I know you can no longer buy shark fin soup at a restaurant. How about spiny dogfish fin soup? Are spiny dogfish included in this ban? (Anonymous)

Answer: Although the name may be confusing, dogfish are actually sharks in the elasmobranch subclass and are covered by Fish and Game Code, section 2021, which prohibits commercial trade of shark fins and products made thereof. A restaurant cannot lawfully sell shark fin soup made from the fins of a dogfish. As used in this section, “shark fin” means the raw, dried, or otherwise processed detached fin or the raw, dried, or otherwise processed detached tail, of an elasmobranch.


Bait balls for chumming?
Question: I have seen a product called Bait Balls advertised from a store where I routinely buy my fishing supplies. Would the use of this product in inland waters be considered chumming? (Nina)

Answer: “Chumming” is the practice of “placing any material in the water, other than on a hook while angling, for the purpose of attracting fish to a particular area in order that they may be taken” (California Code of Regulations Title 14, section 1.32). If this product will be broadcast independently and not used as bait on a hook, then using it would be considered chumming. Chumming is allowed while fishing in saltwater, but it is prohibited in most inland waters.

When fishing in inland waters (as per CCR Title 14, section 2.40), “Chumming is permitted only in:

(a) The Colorado River District, but only the approved bait fishes for this District may be used as chum (see Section 4.15) except in the Salton Sea where corn may also be used.
(b) Carquinez Strait and Suisun Bay and their tributaries and saltwater tributaries.
(c) Sacramento River and tidewater of tributaries downstream from Interstate 80 bridge.
(d) San Joaquin River and tidewater of tributaries downstream from Interstate 5 bridge.”


Fully feathered dove wings required in a permanent camp?
Question: I have a dove possession question that my buddy and I argue about. After a day of hunting doves when we come back to camp, must we leave the wing on if we are spending a week at camp and are going to eat some of the doves that week? I know we must leave the wings on while transporting, but once we are in a permanent camp can the wings be removed? By leaving the wing on, after a couple days the birds develop a foul taste (no pun intended!). To me, they stink, even in the cooler. Last year a game warden came into camp and I forgot to ask him about it. My buddy said, “See, we were lucky!” But were we really? (Jim M.)

Answer: Your doves must retain a fully feathered wing either until you return to your home or until the bird(s) are being prepared for immediate consumption. “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” (CCR Title 14, section 251.7). Camps are NOT considered to be your permanent or personal abode.

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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.

Fishing for Black Bass after Catching a Limit of Stripers?

Striped Bass (Photo courtesy of Ken Oda)

Question: My buddies and I do a fair amount of striper fishing and seem to always debate this question. Am I allowed to keep fishing after keeping a limit of stripers as long as I am fishing for largemouth/smallmouth bass instead? The techniques are similar, so I’m wondering if we could be cited. (Brett M.)

Answer: After catching your limit of striped bass, you can continue fishing for largemouth and smallmouth bass. However, once you have made this switch, you must make sure to immediately release any accidentally caught stripers.


Collecting a road-killed opossum?
Question: I saw an opossum dead on the side of the road yesterday, not playing possum (it was actually dead). I wanted to take it home to keep the bones but I left it there untouched because I didn’t know what the law on collecting was. If I find an animal like that again, can I take it home and process it? If I can’t, is there someone I can talk to who might allow me to keep the bones after the state processes it? (Rachael)

Answer: Road-killed wildlife may not be possessed. “The accidental taking of a bird, mammal, reptile, or amphibian by collision with a motor vehicle while the vehicle is being operated on a road or highway is not a violation of this code” (Fish and Game Commission, section 2000.5). This means it is not illegal to accidentally kill the animal, however, the Fish and Game Code does not authorize possession of wildlife accidentally killed in vehicle collisions. Opossum are classified as non-game mammals that may be hunted with a hunting license (California Code of Regulations Title 14, section 472(a)). The only way for you to legally possess them would be to hunt them or to obtain a scientific collecting permit, if your collection purposes are for scientific research purposes.


Illegal animal imports?
Question: A while back I saw the reply in your column regarding the legality of buying/selling python snake skin. I see kangaroo on the prohibited list. Does this include all species? As I understand it, the Australian government allows the cull of Marcropus giganteus due to gross overpopulation. (Steve B.)

Answer: Yes. California Penal Code section 653o includes all species of kangaroo and provides that it “is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.”


Where can to use two rods in San Francisco Bay?
Question: I’m a little confused about the rules on using two rods when fishing San Francisco Bay. The rules state, “While fishing from the shore in San Francisco and San Pablo bays between the Golden Gate Bridge and the west Carquinez Bridge, you may only use one line with no more than three hooks; you may also use an unlimited number of crab traps. Species-specific gear restrictions (such as for rockfish, lingcod and salmon) do apply when fishing from the shore.”

So, if I’m fishing from Alameda, can I use two rods? The rule says only from between Golden Gate to Carquinez Bridge. Alameda is to the east of the Golden Gate but I’m fishing from the shore in San Francisco Bay. Please let me know. (San S., Alameda)

Answer: The answer to your question is no, but you’ve asked an excellent question. There is a section in our regulations (CCR Title 14, section 27.00) that defines the waters of San Francisco Bay. The waters off Alameda are part of San Francisco Bay pursuant to this definition. This section, as recently amended, includes the following definition:

“The Ocean and San Francisco Bay District consists of the Ocean and San Francisco Bay, as described herein. The Ocean is the open seas adjacent to the coast and islands and the waters of open or enclosed bays contiguous to the ocean, including the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville. 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. …”.

In the San Francisco Bay (as defined above), “only one line with not more than three hooks may be used” (CCR Title 14, section 28.65(a)).

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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 Bring Home Fish Caught Out of State?

(U.S.F.W.S. photo)

Question: Later this year I am planning a trip to fish in the state of Washington. The limits and retention are different. What is the best way to bring fish home from the trip? Is there some paperwork trail that must be kept or some type of certification? (Ross B.)

Answer: Yes. To import fish into California, you are required to complete a declaration of entry form once you reach the California border (Fish and Game Code, section 2353). On this form you will list your fishing license information from Washington, along with the county where the fish were taken. You must deliver one copy of the declaration to the California Department of Food and Agriculture (CDFA) entry station, mail one to the California Department of Fish and Wildlife (CDFW) and keep one for your records. The declaration of entry provides you the paper trail back to the county and state where the fish were legally harvested.


No deer tag, so what can we hunt?
Question: Half of our group drew tags for our favorite hunting zone and half did not. The unlucky ones will be helping with chores, fishing and hunting coyotes. Can we carry a rifle for coyotes while riding with the hunter with a tag? Many times we’ll drop the deer hunter off and then come back to pick them up, meanwhile calling coyotes as a way to kill the time. Is it legal or would it be best to leave the guns at camp and separate the two activities? (Mark)

Answer: This would be legal as long as the coyote hunters are clearly not attempting to hunt, pursue, catch, capture or kill a deer. If your friends are hunting deer and you are hunting coyotes, it’s best to keep the two practices separate. This is especially true during deer season, so the coyote hunters will not appear to be deer hunting without a tag. In addition, as coyote hunters, you cannot engage in driving deer for your friends to shoot because this is considered “take” of deer. Take is defined as, “Hunt, pursue, catch, capture or kill, or the attempt to hunt pursue, catch, capture or kill” (FGC, section 86). If the coyote hunters are involved in any activity which results in the pursuit of deer, they would be in violation.

Keep in mind that coyote hunting methods are often not compatible with deer hunting, so wildlife officers sometimes encounter hunters claiming to hunt coyotes when in fact they are deer hunting and trying to fill a friend’s tag. This is a significant problem in areas where drawing a tag is difficult, such as the X-1 zone, so the officers are watching for this.


Measuring salmon correctly
Question: Salmon fishing can be challenging because it often entails spending all day on the water, with some days not even getting a legal size fish. I was fishing over the weekend and caught a salmon that when laid flat on the deck measured 23-3/4 inches. If I grabbed it by the tail and held onto it, the fish would measure 24-1/4 inches, making it a legal catch. If a warden had checked me, would it have been a legal catch if I squeezed the tail while the game warden was measuring it? (Ralph C., Santa Cruz)

Answer: Since salmon are measured by their total length, this means measured to the longest length from the tip of the nose to the longest point of the tail. Pinching the tail or stretching the fish using gravity or muscle to find the longest possible length is not permissible. The best way to get the longest length is to lay the fish down flat on a flat surface, pinch the mouth shut and then swing the caudal (tail) fin back and forth until you find the longest point.

Some species, such as tunas, are measured by fork length rather than by total length. This measurement is taken from the tip of the mouth to the length inside the fork of the tail. Minimum and maximum size are defined as, “Tip of the head shall be the most anterior point on the fish with the mouth closed and the fish lying flat on its side” (California Code of Regulations Title 14, section 1.62). A diagram showing the correct measurement methods can be found in the 2017-2018 Ocean Sport Fishing Regulations booklet or online.

Keep in mind, fish that are just barely legal can often measure differently between the person’s on deck measuring device and a warden’s device on shore, especially after cleaning/bleeding. I suggest using a bit of caution when keeping a fish that appears to be exactly the legal minimum size as it might come up short when measured later on.

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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.

Targeting Stripers and Sturgeon together in San Francisco Bay

(CDFW photo)

Question: When fishing from a boat in San Francisco Bay, can some anglers target striped bass with barbed hooks while others target sturgeon using barbless hooks? If one angler who is fishing from a boat with a barbless hook legally lands and retains a sturgeon, can all anglers on the boat switch over to target striped bass and continue to use barbed hooks? (Craig. H.)

Answer: There is no regulation that requires all persons fishing aboard a vessel with a sturgeon on board to use barbless hooks. However, the definition of “take” may get anglers in trouble if they are observed fishing in a manner consistent with those methods used to “take” sturgeon. “Take” is defined as “to hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill” (Fish and Game Code, section 86). Game wardens are watching out for people who may be attempting to take sturgeon with barbed hooks, or are trying to circumvent the requirement to purchase a sturgeon report card by saying they are “just striper fishing.” So, be sure that there is no ambiguity over what you are targeting to avoid any questions of intent.


Mouth calls for deer?
Question: My question is regarding deer season. I am wondering if it is ok to use mouth calls for deer hunting here in California. I have found this legal to do in other states but have not heard it mentioned one way or the other here in this state. (Richard T.)

Answer: Yes, you can use mouth calls for deer as long as the sounds are not electronically generated or electronically amplified (Fish and Game Code, section 3012).


Where to fish loop crab snares?
Question: Are there restrictions on where loop crab snares (used with fishing poles) in California can be used? I fish in the southern and central management areas. (Ted B., Oxnard)

Answer: “Crab traps, including crab loop traps, may be used north of Point Arguello, Santa Barbara County, to take all species of crabs….” (CCR Title 14, section 29.80(e)). Make sure the area you’d like to fish is not a Marine Protected Area where take is not allowed.


Marine invertebrates for personal collections
Question: I am a marine biology student who wants to have a simple native “tide pool” type of aquarium for my own personal delight. I have had a tropical salt water reef ecosystem in my home for years but I am also interested in a local cold water reef system. I live in the Orange County area of Southern California and am wondering if it is possible to collect for a non-scientific reason, and if so, what do I need to do? What are the explicit regulations concerning the collection of live marine organisms for use in a personal marine aquarium? From what I understand, live fish are not to be taken under any circumstances. But I am interested in collecting octopus, and it seems that some organisms are allowed as long as they do not come from a protected area. I do have a California sport fishing license. (Cristiana A.)

Answer: Octopus may be collected for a home aquarium and transported live under the authority of a sport fishing license as long as they are exclusively for that person’s personal aquarium display. Maintaining live sport-taken octopus in a home aquarium is not considered public “display” and thus does not fall under the provisions of the marine aquaria pet trade (FGC, sections 8596-8597). Transporting live “finfish” (as opposed to mollusks and crustaceans) is prohibited (CCR Title 14, section 1.62).

Invertebrates collected under the authority of a sport fishing license may not be used to establish breeding colonies for sale or trade with other people. Any trading, selling or possession for sale or trade of these animals constitutes commercial marine aquaria pet trade activity and requires all parties to hold “marine aquaria collectors permits” authorizing this practice. A marine collector’s permit is also required for any animals on display for the public.

People collecting live marine invertebrates for a home aquarium may do so only under the authority of a sport fishing license, and only those species allowed under a sport fishing license may be taken. In addition, any species with sport fishing restrictions (bag, size, possession or season limits, methods of take, etc.) are still covered under those regulations, so collectors must also abide by these laws.

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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.