Tag Archives: spearfishing

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.

 

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.

Bow Hunting for Spring Turkeys?

Spring tom turkeys in Northern California (Photo by Carrie Wilson)

Spring tom turkeys in Northern California (Photo by Carrie Wilson)

Question: I am interested in bow hunting for turkeys this year but have some questions. Last week I saw a flock of hens and jakes on the side of a highway and I got to wondering if it’s legal to hunt off the side of a highway. I know we can’t shoot across a highway, but exactly how many yards or feet away does a bow hunter have to be? (Rafael O.)

Answer: It is unlawful to discharge a firearm or release an arrow or crossbow bolt over or across any public road or other established way open to the public in an unsafe and reckless manner (Fish and Game Code, section 3004(b)). Definitions for road and roadway can be found in the California Vehicle Code, sections 527 and 530. In addition, most counties have ordinances setting the distance from a public roadway that one must be to lawfully discharge a firearm. Many counties require 150 feet, but this distance varies and you will have to check with the appropriate county’s sheriff’s department to determine the legal distance. It is always unlawful to negligently discharge a firearm, and the discharge of a firearm from or upon a public road or highway is prohibited (California Penal Code, section 374c).


Bringing a speargun into California
Question: I am coming to California from Australia for a diving holiday and wish to bring my own gear, including a spear gun. Do you know what the rules are about bringing one through U.S. customs? (Edward C.)

Answer: The California Department of Fish and Wildlife (CDFW) does not regulate the importation of dive gear, including spear guns. You should check with the Transportation Security Administration (www.tsa.gov) and U.S. Customs (www.cpb.gov) to see if they have any special provisions you must follow.


Live rodents as fishing bait?
Question: I have seen several videos about using live “feeder” mice and rats for bass and trout fishing and was wondering whether they are legal to fish with here in California. I wasn’t able to find any regulations talking about using live mice or rats. If not acceptable to use as a live bait, can they be used if dead/frozen? (Anonymous, Sacramento)

Answer: No. The freshwater fishing regulations do not list mammals as acceptable bait options, so rodents may not be used (California Code of Regulations Title 14, section 4.00.)


Hunting Sandhill cranes?
Question: Does California have any type of hunting opportunities for Sandhill cranes? I have seen a couple of videos in which the hunters state that the meat is great and some say it tastes like steak. I tried to research any regulations for them but wasn’t able to come up with anything. Can you please let me know if they can be hunted here? (Jose G.)

Answer: While some states do authorize the take of Sandhill cranes during waterfowl season, there are currently no hunting opportunities for Sandhill cranes in California.


Kangaroo product ban?
Question: I am the owner of a store that sells kangaroo hide boots and other products made of kangaroo leather. I read in the news that California recently re-instated a ban on the import and sale of kangaroo products. Is this true and if so, what should retailers like me know about the ban? (Anonymous)

Answer: You are correct. The ban on kangaroo products went back into effect Jan. 1, 2016. California Penal Code section 653o prohibits the importation, possession with intent to sell, and sale of any parts of specified animals, including kangaroos. Some common retail products made from kangaroo leather are boots, belts, wallets and soccer cleats.

As you know, California retailers are responsible for knowing the laws and regulations of the state of California and must take the necessary efforts to ensure they do not possess kangaroo products with the intent to sell.

Penal Code section 653o may be enforced by any peace officer in the state, including police officers, sheriff deputies, and wildlife officers. A person who violates section 653o is guilty of a misdemeanor and is subject to a fine between $1,000 and $5,000 and up to six months in jail for each violation.

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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 Get to Shore when Boat Fishing is Closed?

Kayak fishing1

Kayak fishing (Creative Commons photo)

Question: I’m aware that during the non-boat rockfish season (i.e., winter/spring), anglers are required to either fish from shore or spearfish for these species. My question is in regard to whether using a boat to access an on-shore fishing spot is acceptable. Specifically, can I use my boat or kayak to reach a good shore fishing location, fish from shore and catch my fish, then get back in the boat for the ride home? I wouldn’t be fishing from the boat, but instead using it to transport me to my shore fishing location. Thanks for your help. (Rick R.)

Answer: No, I’m afraid you will need to strap on your hiking boots and walk in to your favorite fishing spots along the coast during the boat-based fishing closures. Arriving by boat would not be legal as each of the groundfish management areas have a specific section stating, “No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision.” Depending upon which groundfish management area you plan to fish in (Northern [27.25], Mendocino [27.30], San Francisco [27.35], Central [27.40] or Southern [27.45]), this regulation can be found under section (c)(3).


Luring fish with licorice for bait?
Question: My brother and I have two burning questions we have been wondering about. Is it legal to fish with licorice as bait? Also, we observed a man with a syringe injecting air into his bait worms so they would float off the bottom. What do you think the purpose was and is this legal to do? (Marcus O.)

Answer: Processed foods, such as licorice, are legal under bait regulations for inland waters (found beginning in California Code of Regulations Title 14, section 4.00). It is also legal to inject air into a fishing worm and many such kits are found at sporting goods outlets. This method can be a very effective way to keep a worm off the bottom of lakes with heavy bottom vegetation.


Are black mussels from Bodega Bay under quarantine, too?
Question: While we were fishing from the shore in Bodega Bay last weekend I noticed a lot of beautiful black mussels on the rocks. I believe the limit is 10 lbs/person but wanted to make sure it was the safe season to eat them. Are they under quarantine for domoic acid, too? Thank you for your help!!! (Ben L.)

Answer: You are correct that the limit is 10 pounds (in the shell) for California sea mussels and bay mussels in combination (CCR Title 14, section 29.55). Mussels are not currently under quarantine. The California Department of Public Health (CDPH) monitors for natural toxins that occur along the coast that may affect wild mussels. Mussels are regularly quarantined on an annual basis, usually from May through October, because mussels are a particularly high risk species because they have the ability to concentrate toxins very quickly. When dangerous levels of toxin are detected in mussels, CDPH will begin testing other shellfish species as well for these toxins, if samples are readily available. If samples are not easily obtained, or if toxin levels are increasing rapidly, CDPH will issue a press release announcing a special health advisory for the potentially toxic seafood species in the affected area.

To check for real time advisories, go to http://www.dfg.ca.gov/marine/healthadvisory.asp.To check for an advisory or quarantine in advance of any mussel-collecting trip, you can also call the CDPH Biotoxin Information Line at (800) 553-4133. For more information about the annual mussel quarantine, please visit the CDPH website at http://www.cdph.ca.gov/Pages/MusselQuarantineFAQ.aspx.


Can pesky squirrels be relocated?
Question: Is it permissible to relocate pesky squirrels that are destroying or damaging private property? (Fred, Redding)

Answer: No. Small nuisance mammals that are damaging property may be taken by the owner but may not be released alive except in the immediate area. Relocating nuisance wildlife not only relocates the problem but also places the critter into an area where it has no established shelter or food and water source, and could potentially spread disease. A depredation permit may be issued for tree (gray) squirrels, unless it is the gray squirrel season when hunters are allowed a four squirrel bag and possession limit.


Must fishing license be carried while spearfishing?
Question: If I am spearfishing from the shore and return with my take, do I need to have my fishing license on my person or can it be in my car? (William H.)

Answer: Persons diving from a boat or shore may have their license on the boat or within 500 yards on the shore, respectively (Fish and Game Code, section 7145).

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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.