Tag Archives: spearfishing

How to Fish the Lobster Opener?

California Spiny Lobster (CDFW photo by Derek Stein)

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

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

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

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

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

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


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

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


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

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


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

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

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

Scouting and Hunting from a Paraglider?

It is illegal to scout for big game via a paraglider because using any device capable of flight in order to locate big game during the hunting season is prohibited. (Creative Commons photo)

Question: Is it legal to scout wild game from a non-motorized paraglider? If so, would it also be legal to locate game from the sky and then land and pursue the animals on foot? (Tony A.)

Answer: For scouting big game, this would be illegal because using any device capable of flight in order to locate big game during the hunting season is prohibited. “No person shall pursue, drive, herd, or take any bird or mammal from any type of motor-driven air or land vehicles…. Additionally, no person shall use any motorized, hot-air or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing until 48 hours after any big game hunting season in the same area.” (California Code of Regulations Title 14, section 251)


Carp spearfishing in the Russian River?
Question: I’ve been told that even though the Russian River is a salmon spawning river, I would be allowed to spearfish for carp because the carp are invasive. I need to confirm this from the regulation book though. Can you please help? Is this allowed? (Michael S.)

Answer: No. Spearfishing is only allowed in the waters listed under section 2.30 in the 2017 Freshwater Sport Fishing Regulations booklet (CCR Title 14, section 2.30) beginning on page 12. In fact, even possessing a spear within 100 yards of the Russian River is unlawful (CCR Title 14, section 2.09).


Upgrading to lifetime fishing license?
Question: I’ve already purchased my 2017 sport fishing license. Can I pay the difference and upgrade to a permanent fishing license? (Bob I.)

Answer: Thank you for your interest in a lifetime license. Unfortunately, annual licenses cannot be upgraded to lifetime licenses mid-year. We suggest that you continue to use your annual license for the remainder of the year and purchase a lifetime license at the end of the year, before the new year to avoid any potential lifetime license fee increases.


How many hooks are allowed when fishing Sabiki rigs?
Question: My question is regarding Sabiki rigs. These pre-made rigs are sold with six hooks, and I have read that we are only allowed to use rigs with a max of three hooks. Does the three-hook rule also apply to Sabiki rigs since these rigs (the small ones with No. 12 hooks) are only for catching bait fish instead of game fish? If so, do I need to cut the rig in half? (Andy S.)

Answer: It depends on where you’re fishing and what you’re fishing for. To catch and keep some species of fish you’re required to use a certain number of hooks. If you catch one of these fish on a rig with more hooks than permitted, you’d have to throw it back.

Many species of rockfish, especially blue rockfish, will bite Sabiki rigs. So, even though they are designed to catch bait, they target any fish species that sees them as food. If you have rockfish, cabezon, greenling or lingcod on your boat, you cannot use a full Sabiki rig and must cut all but two hooks off.

Also, if fishing in inland waters, you would be restricted to using three hooks or less.

And remember, it’s not legal to keep chinook salmon if taken with barbed hooks or if using more than two barbless hooks per line if a salmon is in possession. If you have no fish onboard and are trying to catch bait with a Sabiki rig, you would be required to release any such species.

I suggest that you read the Gear Restrictions section of the annual Ocean Sport Fishing Regulations booklet beginning on page 33, and the Fishing Methods and Gear Restrictions section beginning on page 12 of the annual Freshwater Sport Fishing Regulations booklet, to learn more about the regulations of the fish species you expect to encounter.


Maximum number of crab traps allowed per vessel?
Question: We just bought a new boat and would like to start fishing for Dungeness crabs. The sport fishing regulations state that a maximum of 10 hoop nets are allowed for Dungeness crabs per vessel (CCR Title 14, section 29.80). Does this regulation also apply when fishing crab traps south of Point Arena? (Lynard S.)

Answer: No, there are no restrictions on the number of crab traps the average sport crabber can have on a vessel for recreational purposes between Point Arguello, Santa Barbara County and the California-Oregon state line. The same is not true for charter/party boats that take recreational fishermen crabbing. When fishing for Dungeness crabs, the commercial sport fishing boats are restricted to using 60 traps per vessel (CCR Title 14, section 29.85(a)(4)). When fishing south of Point Arguello, hoop nets for crabs are allowed but crab traps are not.

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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.

Spearfishing for White Seabass

Kirby Morejohn and Garo Hachigian_photo by Kirby Morejohn)

Large white seabass taken by spear fishermen Kirby Morejohn and Garo Hachigian (Photo by Kirby Morejohn)

Question: It’s been an ongoing debate among our small spearfishing group and it’s time to ask the authorities. When spearfishing from a boat, if a diver reaches his maximum limit of three white seabass (WSB) for the day and then gifts one of his fish to somebody who does not have a fish, can the person who caught the fish hunt for one more WSB since he now only has two in his possession? (Chester L.)

Answer: No, each spear fisherman (or angler) is allowed to catch and keep up to three white seabass per day, period. If a fisherman chooses to give one away, that’s fine, but they cannot then continue to try to catch another to refill their personal bag limit for the day. That spear fisherman would have to wait until the next day, and if they still had their two WSB in possession, they would only be able to catch one more the next day because three WSB is both the daily bag limit and the possession limit.

There are a couple of exceptions here, though. Anglers/divers who will be out to sea for multiple days can get a multi-day fishing permit that will allow them to keep up to three limits of WSB over three days if they have secured this permit prior to their trip and followed all of the associated regulations under California Code of Regulations Title 14, section 27.15. There is also a one-fish limit between March 15 and June 15 for the take of white seabass south of Point Conception.


Finishing hunt after legal hunting hours?
Question: I hunt with a bow and on some occasions will shoot my game right at sundown and then have to chase my animal sometimes for an hour or more. And then when I find it, I may have to shoot it again. Is it legal to finish off an animal after dark if it was shot during the legal hunting hours? (Geoff M., Camarillo)

Answer: No. Authorized hunting and shooting hours are clearly stated in the regulations as running from one-half hour before sunrise to one-half hour after sunset (CCR Title 14, sections 310, 310.5 and 352). To shoot an animal outside of those authorized hours is illegal.

Whenever possible, try to plan your hunt so that you will not be pushing the envelope right at the end of hunt hours and can leave ample time to track and retrieve the animal during legal hours.


Shooting aggressive ravens?
Question: What are the restrictions on shooting ravens in California? I have personally witnessed ravens killing baby chukar and baby red-tailed hawks. At my home they raid my chickens and steal the eggs. They like to sit on a pole where the remnants of their kill ends up on the ground, including a variety of egg shell bits and baby desert tortoise shells. I have also seen a group of ravens attempting to kill a cat. I know that they became protected at one time, but what is the status now? Can I shoot the ones on and around my property? (David C.)

Answer: No. Ravens, Corvus corax, are protected by both California (Fish and Game Code, section 3513) and federal laws (Title 50-CFR). Ravens may not be taken in California except under the authority of a permit issued by the U.S. Fish and Wildlife Service (USFWS). For more information regarding the availability of permits, please check the USFWS Permits website.


Transporting overlimits?
Question: Can I transport an overlimit of fish carcasses to the dump? For example, three peoples’ fish limits are cleaned at a home location. Then, one person pulls the short straw and gets stuck having to take the combined carcasses by vehicle to the dump. I can see how if they were stopped by law enforcement and they had an overlimit of three peoples’ carcasses carried by one person, an explanation stating that person was dumping three legal limits of carcasses may or may not fly with a warden. Can you please provide some clarity? (Trevor L.)

Answer: The department recommends that the person transporting the carcasses have copies of each person’s fishing licenses, or at least their names and contact information in case the transport and disposal of more than one person’s limit comes into question.

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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.

What’s Required When Packing out Game?

Mule deer around Clear Lake (USFWS photo)

Mule deer around Clear Lake (USFWS photo)

Question: What are the laws on deboning a bear or deer to pack out the meat? I don’t know of any laws saying I cannot debone a deer or bear as long as I am able to prove that the quarters and heads are all part of the same animal. I’m just looking for clarity as I am heading into X9A for my first time and I plan on hiking into deep country on foot. (Brad P.)

Answer: This is a legal practice as long as you can verify what animal the meat belongs to. The only problem that may arise is when people are packing out multiple animals at the same time. If that’s the case, the California Department of Fish and Wildlife (CDFW) asks that hunters keep each animal separate to avoid any misunderstandings.

For deer, you must pack the antlers out with the meat to verify the sex, and the antlers must be tagged. With bears, you must pack the skin and the portion of the head bearing the ears along with the meat so that we can extract a tooth for aging purposes (FGC 4757). You are not required to prove the sex of bears.

In addition, all hunters must comply with Fish and Game Code, section 4304, which prohibits needless waste of any portion of the meat that is usually eaten by humans.


Nontraditional measurement devices?
Question: I am aware that a person must be able to judge the size of their take, but are there any regulations saying what types of devices the person must carry? For example, I recently observed a group that were crabbing and their only means of measurement was a cut zip tie, but it was indeed the correct minimum length. (Katlyn G., Sausalito)

Answer: It varies, but for crab, the only requirement is that the device be capable of accurately measuring the minimum size of the species (California Code of Regulations Title 14, section 29.05(c)). But, sometimes the regulations are very specific about the type of measuring device that is required. Persons taking abalone, for example, “shall carry a fixed-caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell” (CCR Title 14, section 29.15(f)).

An object such as a ruler is capable of accurately measuring rock crab because size limits are “measured by the shortest distance through the body, from edge of shell to edge of shell at the widest part.” For Dungeness crab though, the measurement is “five and three-quarter inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines).” Because of the curvature of the Dungeness carapace, and the need to measure the straight line distance across a curved surface between the points, a measuring device such as a ruler or zip tie is not accurate. CDFW recommends using a fixed or adjustable caliper for Dungeness crab. It does not have to be commercially purchased and we have seen devices cut out of wood or plastic that work fine.


Sale of valley quail during the offseason?
Question: Is it legal to sell pen-raised valley quail during the offseason to be used to train dogs? The pen-raised valley quail will have CDFW tags that I think only cost a few cents each. (Matthew W., Santa Rosa)

Answer: Interesting question since very few people raise California quail and instead raise bob white. However, the answer is yes, they can be sold if they were bred and raised under the authority of a CDFW Domesticated Game Breeder License (see Fish and Game Code, section 3201). The birds will need to be marked with game bird tags to differentiate them from wild birds. These tags are sold to game bird breeders through our License and Revenue Branch for less than four cents each.


Spearfishing with scuba before free diving for abalone?
Question: If I’m out spearfishing with scuba gear, can I leave the scuba gear in the boat to also free dive for abalone? (Anonymous)

Answer: No. Sport divers are prohibited from using scuba or other surface-supplied air equipment to take abalone, and they cannot possess abalone on board any boat, vessel, or floating device in the water containing scuba or surface-supplied air. There is no problem transporting abalone and scuba gear together while on land. Divers working from boats, kayaks, float tubes or other floating devices who wish to use scuba equipment to spear fish or harvest sea urchins, rock scallops or crabs of the genus Cancer, will need to make a separate trip for abalone.

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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.

Slingshot Hunting for Grouse and Quail?

Greater Sage Grouse (ODFW photo)

Greater Sage Grouse (ODFW photo)

Question: Is it legal to use a slingshot to hunt grouse and quail during the archery season? I have never seen slingshot listed as legal “archery” equipment nor have I seen anything indicating it is illegal. (David W.)

Answer: No. Slingshots do not fall under the definition of archery equipment as defined in the California Code of Regulations Title 14, section 354 and so would not be legal to use during the archery season.


Shipping trout and venison out of state?
Question: What are the laws on mailing fish to family or friends? A friend of mine took me to Lake Shasta a few years ago, and to return the favor I always bring him some fish on the way home. He is going to be moving to Kansas and I want to send him some of the prized fish. Is it legal to ship them through the mail? I know I can get live lobsters from Maine, but they are a commercial product. My friend also wants to try to send me some venison but we’re not sure of the laws there either. Thank you for your help. (Steve)

Answer: Unfortunately, it is not legal to ship trout outside of California (Fish and Game Code, section 2356.) You also cannot personally transport them to another state, unless you have a nonresident angling license or are on active military duty (in which case you may personally transport no more than one limit of trout across state lines).

Regarding venison mailed across state lines, as long as the animal was taken legally in the state of origin, it can be shipped to a recipient in California for their personal use provided the shipper complies with the following procedures:

Both California (FGC, section 2348) and United States (Lacey Act) laws require that packages containing wildlife and being shipped by common carrier “…shall clearly and conspicuously indicate the following:

(1) The name and address of the shipper.
(2) The name and address of the consignee.
(3) The number and kind of bird, mammal, fish, reptile, and amphibian contained in the package.”

In addition, a Declaration for Entry Form must be filed when importing fish, game, etc. (FGC, section 2353.)

Though it’s not a requirement, it would be a good idea for your friend to include with his venison shipment a copy of his valid hunting license and tags for the deer, along with all information regarding where and when the animal was taken.


Spear fishing options when close to stream outlets?
Question: I know there is a law prohibiting spear fishing in the ocean within 100 yards of a stream outlet. But would it be ok to enter the water from the beach and swim out past 100 yards with our equipment before we start fishing or would we have to find a beach with no outlet at all? (MJH)

Answer: The requirement for divers and spear fishermen to stay away from stream mouths was designed to protect salmon and steelhead that may be entering or exiting a stream. “No person may possess or use a spear within 100 yards of the mouth of any stream in any ocean waters north of Ventura County,” (FGC, section 28.90).

Because the regulation says “no person may possess … within 100 yards,” it would be unlawful to even stand on the beach with a spear in hand if you are within 100 yards of the mouth of a stream. This means that you will need to find an entry point more than 100 yards away from the mouth of the stream to enter the water to go spear fishing.


How many rods on piers and from shore with two-rod stamp?
Question: I’ve gotten conflicting information about the number of rods that can be used on public piers and from shore. I thought only one rod could be used from a public pier and two rods with a license and stamp from shore. However, some friends say two rods from public piers and any number of rods from shore. What’s the correct answer? I’m new to fishing in the ocean in California and I don’t want to get a ticket for something I may have misunderstood. If you could clarify this for me I would deeply appreciate it. Thank you for your time. (Jeanine Q.)

Answer: This is a common point of confusion. To clarify, the two-rod stamp (or second rod validation) applies only to freshwater fishing gear. In saltwater, only two rods (or any two fishing “appliances”, for example one rod and one crab trap, or one rod and one hoop net, etc.) may be used from public piers, and any number of rods may be used when fishing from shore. However, when fishing for groundfish or salmon in the ocean, only one rod with two hooks may be used.

Keep in mind that the law also says that “… lines must be closely attended” (CCR Title 14, section 1.05), so you can use as many lines as they can closely attend. Thus, if you have ten lines spread out over a couple hundred yards, you’d have a tough time convincing a game warden that they are all being closely attended. Make sure all lines can be quickly attended to if you catch a fish.

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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.

When Prohibited from Retrieving Deer from Private Property?

Mule deer on scenic hillside (USFWS photo)

Mule deer on scenic hillside (USFWS photo)

Question: Last year I shot a doe with my A31 tag in Los Angeles County (Archery Only-Either Sex). It appeared to be a lethal shot from 22 yards with decent shot placement. I tracked the blood to a privately owned ranch 100 yards away. I stopped tracking it when it appeared she went onto the ranch property. I then approached the ranch manager to get permission to continue tracking my deer. The owner initially agreed but after one of her coworkers talked to her, she retracted her permission (approximately 10 minutes from the time we spoke in her office). She requested that we leave her property at once as she didn’t want people to think they approved of hunting. I didn’t have enough time to locate my deer and left broken-hearted.

I don’t like seeing animals die or suffer for no reason. I would never have shot if I would have known I couldn’t recover her. I believe I did everything legal and correct but it shouldn’t be right that a deer goes to waste because of the bias of a property manager.

Is there anything I could have done to recover my deer? Do I have any rights or is there anyone I could have contacted? I’m still sick over the situation. (Luke G., Loma Linda)

Answer: It’s unfortunate that this happened. Although the law prevents one from wasting the deer, the law does not permit the trespass to retrieve it. Perhaps, if you’d contacted the local game warden, they may have been able to contact the ranch manager or owner for some possible assistance to prevent the deer from going to waste.

According to California Department of Fish and Wildlife (CDFW) Lt. Todd Tognazzini, when archery hunting it is recommended to hunt farther from private property boundaries to avoid this type of problem as deer taken with archery usually travel farther after a lethal wound than those shot with a rifle. Tognazzini says he has never been refused when a fresh and legitimate blood trail is found leaving public land onto private property.


Spear fishing along a jetty without a license?
Question: I know that fishing from a public pier or first seaward public jetty/seawall doesn’t require a state fishing license. Does this also apply if a diver is spearfishing or collecting shellfish along such a jetty? (Jonathan)

Answer: No, the person must physically be on the pier to legally fish without a license. Once the person is off of the pier or most seaward protective boundary (jetty) placed to form a harbor, a fishing license is required. When diving from shore, he or she must be within 500 yards of their license (Fish and Game Code, section 1054.2).


Does a beginner taxidermist need a license?
Question: I am a beginner taxidermist and have done a few pheasants and ducks for myself only but would like to now do some free taxidermy for other people. Will I need a taxidermist license and/or migratory bird permit to mount ducks even if I don’t charge for my services? (Christian T.)

Answer: California does not require a taxidermist license, but the U.S. Fish and Wildlife Service does require a license for migratory waterfowl. A Federal Taxidermy Permit is required to possess migratory birds for taxidermy purposes if you do not otherwise have authorization to possess. For example, a taxidermy permit is required if you would like to taxidermy a friend’s (or customer’s) duck harvested during hunting season. A taxidermy permit is not required if you would like to taxidermy a duck you harvested during hunting season. Further information regarding this federal permit is available on the U.S. Fish and Wildlife website.

I am glad you said you would not keep any of the fish that are not legal to catch or possess. Catching and killing some rockfish does no good.

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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.