Tag Archives: Trout Fishing

Using a Dinosaur Blind for Waterfowl Hunting?

(Creative Commons photo)

(Creative Commons photo)

Question: I realize this may sound like a really dumb question or a joke, but I’m honestly being serious. Can I make a plywood cutout of a dinosaur to hide behind so that I can better sneak up on waterfowl? I recently heard about using a plywood cutout of a cow as a way to approach ducks and geese. However, I then saw that this is illegal in California because hunters are not allowed to use something that looks like a mammal to approach waterfowl. Dinosaurs aren’t mammals though so I don’t see why this wouldn’t work, but I just wanted to ask. (Sydney M.)

Answer: Fish and Game Code, section 3502, which is derived from a provision of the Penal Code dating to 1909, prohibits using “any mammal (except a dog) or an imitation of a mammal as a blind in approaching or taking game birds.” Since dinosaurs are not mammals, you will be ok as long as your blind can’t be confused with a mammal.


Is a SUP considered a vessel?
Question: Is a stand-up-paddle (SUP) board considered a vessel when used in the taking of abalone? I ask because I’m wondering if I have to fill out my abalone tag on my SUP before coming to shore. (Jonathan W.)

Answer: No, you may wait until you come ashore to tag and fill out your abalone report card. Although California Code of Regulations Title 14, section 29.16(b)(1) requires that people taking abalone “shall tag any red abalone either immediately upon exiting the water or immediately upon boarding a vessel, whichever occurs first,” it also provides that people “who dive from a non-motorized vessel such as a kayak that is in the water may wait until immediately after disembarking from the non-motorized vessel to tag and record any abalone in possession.”


Still confused about antibiotics in stocked fish
Question: I just read with interest in the Modesto Bee your answer to the question about antibiotics in stocked fish. The answer doesn’t make sense to me. First, you say that hatchery fish are treated with antibiotics when necessary to save their lives and it is done on an as-needed basis. Knowing that hatchery fish number in the tens of thousands, and no individual fish would be pulled out and antibiotics delivered to just those fish, you must be saying, yes, they are treated, right? And then you finish the answer with “none of the stocked fish have antibiotics.” Huh? (Barbara S.)

Answer: Sorry for any confusion. When the fish need to be treated with antibiotics, then they are treated as a group since most ailments would be ones that would affect them all. Antibiotics are only used when necessary to save lives, and there is a good chance that none of the fish raised during a growing cycle were ever treated with antibiotics at all.

Prior to the Federal Drug Administration (FDA) approving (registering) any antibiotics for use in food fish, they set withdrawal times to ensure public safely. Withdrawal times are meant to guarantee that residual antibiotics are either non-detectable, or lower than the FDA’s acceptable limits, prior to the fish being released.

Once all treatments are finished, the fish are held for the required time for the chemicals to work their way out of their bodies. Only after this time can those fish finally be planted and available for human consumption.

Some other agricultural industries have been criticized for using antibiotics as a growth aid. We don’t do that for the fish we supply to our anglers.


Sport fishing on a commercial crab boat?
Question: Can commercial boats sport fish for Dungeness crab during the sport season when the commercial season is closed? (Anonymous)

Answer: Yes, if the commercial vessel is not engaged in any commercial activity (FGC, section 7856(f)), the commercial vessel does not hold a Dungeness crab vessel permit (CCR Title 14, section 132.1(a)), and everyone taking crab or fishing onboard has a sport fishing license and is following sport fishing regulations.

HAPPY THANKSGIVING!

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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.

Kite Fishing

(CDFW photo by Sabrina Bell)

(CDFW photo by Sabrina Bell)

Question: Can you tell me the regulations regarding using a fishing kite from shore or a pier to catch fish? We use these specially modified kites to help us get our lines out farther than the distance we could normally cast them. (Jenny C.)

Answer: There are no specific regulations prohibiting the use of a kite or other windborne device (a helium-filled balloon, for example) to help you get your line out to where the fish are. However, please be mindful of the environment and remember that any items or materials discarded or abandoned could be considered litter. If, for instance, an angler used a balloon to catch a fish and then released the balloon when the fish was hooked — or when the line reached the desired distance from shore — the angler could be subject to citation.

Also, there may be city or county ordinances that pertain to this, so please check with local authorities.


What to do about raccoons visiting my backyard
Question: I live in a residential area and raccoons have begun visiting my backyard at night. They are using my yard as a rest stop in their nightly urban foraging. Our backyard is landscaped including a grass lawn. I am looking for anything short of cages to discourage them. Is there any non-toxic substance I can spread near their entrance/exit point to discourage their visits? They do not appear to be eating or digging up anywhere in the yard, but they’ve adopted my yard as their restroom. I would appreciate any insight or suggestions you may have. (John W., Elk Grove)

Answer: We see an upsurge in raccoon sightings and reports this time of year because youngsters born in the spring are now independent of their moms and the adults are building up their fat reserves for the winter.

According to California Department of Fish and Wildlife (CDFW) Wildlife Biologist Jeff Cann, you should first remove all attractants from your yard such as pet food, dropped fruit, old garden vegetables, and securely close all garbage cans and compost heap containers. Even water can be an attractant this time of year, so if you have a fountain or fish pond, try to make it off limits (e.g. electric fence or dry it out). If the raccoons are coming in through holes in the fence, block those entry points with wire, wood or some other barrier.

Keep in mind that raccoons are excellent climbers and are capable of gaining access to yards by climbing fences or using overhanging limbs to bypass fences altogether. Cutting overhanging limbs may help to keep them from dropping in. If the raccoons are climbing over your fence, one deterrent could be to line the top with spikes or sharp tack strips. An easy way to do this is via carpet tack strips which are essentially a lot of little nails anchored in wood that carpet installers use to stretch carpet over. If you completely line the top of the fence with these then the raccoons will not use the top board as a transit way either. A “hot wire” from an electric fence charger at the top of the fence will greatly increase the effectiveness of a fence for excluding raccoons but you’ll need to find a way to properly ground it.

While these may all seem like extreme measures, the point here is to make your yard less hospitable than your neighbors so the pesky critters will move on.

If you’re looking for chemical detractors, one option you could try is Capsaicin (a chile pepper extract). It’s registered as a repellent for raccoons and may be useful in deterring trash-raiding raccoons.

A great place for more information on all of this is the University of California Integrated Pest Management Program page on raccoons. Good luck!


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

Answer: Processed food, such as licorice, are legal under bait regulations for inland waters where bait is legal (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.


Can you lure a lobster with a sardine?
Question: Are you allowed to lure lobsters out of a hole with a piece of sardine in your hand? (David C.)

Answer: Sure, you can give it a try, but I don’t know how successful you’ll be. The law says that skin and SCUBA divers may take crustaceans by the use of the hands only and may not possess any hooked device while diving or attempting to dive for them (CCR Title 14, section 29.80). There is no prohibition against waving snacks in front of them.

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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.

Carrie is on vacation. This column was originally published Nov. 20, 2008.

Antibiotics in Hatchery Fish?

Trout planting_CDFWQuestion: I would like to fish at a local stocked pond. Do the California Department of Fish and Wildlife (CDFW) fish that are stocked there have antibiotics in their systems? Are they fed antibiotics on a routine basis or even on an occasional basis? I just want to be sure any fish I’m catching will be safe to eat. (Connie S., Big Pine)

Answer: CDFW hatchery fish are treated with antibiotics when it is necessary to save their lives. According to Dr. William Cox, CDFW Program Manager of Fish Production and Distribution, this is done on an as-needed basis and using only antibiotics that are approved and registered by the US Food and Drug Administration (FDA) for diseases listed on the label and in fish species approved. This is all done under veterinary prescriptions by CDFW veterinarians. To be approved by the FDA, there are many hurdles to prove human food safety, animal safety and environmental safety. These are all met in the process of becoming registered. So to answer your basic question, none of CDFW’s stocked fish have antibiotics when they are stocked for anglers. They are perfectly safe to eat.


Steel shot for chukars
Question: A friend told me that we are now required to use steel shot when hunting chukars (Red-legged Partridge). Is this a new regulation? Since these are introduced non-native birds, why shouldn’t they be treated similar to the Eurasian doves? Please let me know because I would not want to get a ticket. (Chris J.)

Answer: As you may know, we are in the middle of a transition to nonlead ammunition for all hunting in California. As of July 1, 2016, nonlead ammunition is now required for all hunting on CDFW wildlife areas and ecological reserves and when taking upland game birds with a shotgun, except for dove, quail, snipe and any game birds taken on licensed game bird clubs. In addition, nonlead shot is required when using a shotgun to take resident small game mammals, furbearing mammals, nongame mammals, nongame birds and any wildlife under the authority of a CDFW depredation permit.

In regards specifically to chukar (which are related to Red-legged Partridge but a different species), you are required to use nonlead shot when hunting them with a shotgun from this season on unless you are hunting at a licensed game bird club.

According to CDFW Upland Game Bird Senior Environmental Scientist Karen Fothergill, there is no species-related or ecological reason for the manner in which we are phasing-out lead ammunition. Rather, in order to implement the nonlead legislation in a way that is least disruptive to hunters, we coordinated question and answer sessions at sportsmen’s shows, held meetings with hunting organizations, hosted a series of public workshops throughout the state and sent letters to major ammunition manufacturers before we finalized the implementation plan.

For more information on the laws and phase-out of lead ammunition in California, please visit our website.


Filleting sheephead at sea
Question: I was recently told that I could not fillet a sheephead aboard my vessel since they do not have a minimum fillet length but do have a size limit of 12 inches (California Code of Regulations Title 14, section 27.65).

My question is whether it still applies for a large sheephead if the fillet was longer than the 12-inch size limit? I am assuming the reason for not allowing sheephead to be filleted aboard a vessel is because it is difficult to determine the overall size of the fish from the fillet. However, if the fillet is greater than the minimum size limit for the species, it would seem like there should be some type of exception to the no fillet rule, or perhaps there is another reason I’m not considering?

Answer: Only those species listed as allowed to be filleted may be filleted on a vessel. Since California sheephead have a minimum size limit of 12 inches total length but no fillet length specified in the regulations, they may not be filleted while on any boat or brought ashore as fillets, steaks or chunks (CCR Title 14, section 27.65).

If you think this regulation for California sheephead should be revised to allow for a minimum fillet length allowance, you are welcome to bring a proposal before the California Fish and Game Commission for consideration.


Use of blue tarp with decoys
Question: Can I use a blue tarp and place dove decoys around it? I’m hoping the doves will think the blue tarp is water and will be attracted to fly over or land near the decoys. (Anonymous)

Answer: Sure, you can give it a try!

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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.

 

Retrieving Game After Shoot Time

Waterfowl hunting at dusk (USFWS photo)

Question: This situation happened to me. Five minutes before the end of shooting time I knocked down a snow goose that fell out of range and started swimming. I waded after it in the flooded rice field but couldn’t catch it or get within range until after shooting time ended. In a case like that, do I shoot late or let it go and risk a waste of game citation? Do wardens consider “spirit of the law” as opposed to “letter of the law?” (Jim S.)

Answer: If you are “in hot pursuit” of the goose, you should be able to reach it before the end of shoot time, or at least within a minute or two! Bottom line answer is this: It is illegal to take the bird after legal shoot time. If a warden was watching you pursue the game and shoot late, they would use their judgment as to whether a crime was committed. On the other hand, waste of game only applies when a person does not make a reasonable effort to retrieve. If the hunter tries to catch it and it swims off, it is a reasonable effort. Breaking the law is not a reasonable effort. So, if the hunter doesn’t shoot late, no laws are broken!


Lures with glowing light attractants?
Question:I just saw some new trout lures containing little glow sticks to attract fish. Someone told me that using light to attract fish is illegal and hence these lures are illegal to use. What do you think? (Shawn A.)

Answer: These lures sound as if they are legal. There are no fish and game laws prohibiting using light to attract fish. Lights may be used at night when and where such fishing is allowed, and lights may be used on or as part of any fishing tackle (California Code of Regulations Title 14, section 2.15).


Buying an extra license to keep handy?
Question: Several years ago, I lost my fishing license and could not locate the
duplicate, so I was forced to purchase a new license. About a month later, I found the lost license, and at that point technically had two licenses for the same year (with ocean enhancement validation, etc). I found that having an extra license gave me piece of mind because as I transitioned from my car to a friend’s, to a boat, to a sport fishing charter, I could keep one in my dry box (that goes from car to boat) and another with my fishing gear. Is there any regulation prohibiting me from doing this intentionally? From an economic point of view, it would be worth the extra cost to me to have the extra piece of mind, and I don’t mind that the funds go to an important state program. Can I purchase more than one fishing license so that I can always be sure to have one in my possession, no matter how forgetful I become? (Brent C., Santa Barbara)

Answer: Unfortunately, you cannot purchase more than one license intentionally. However, if your license is lost, you may purchase a duplicate license.

According to California Department of Fish and Wildlife (CDFW) Sport Fishing Program Analyst Glenn Underwood, a person is prohibited from obtaining more than one license, tag, permit, reservation or other entitlement of the same type, except for certain short term licenses (Fish and Game Code, section 1053(1)). This section does allow a person to obtain a duplicate license, tag, permit, reservation or other entitlement upon the loss or destruction of the original with the payment of the duplicate fee.

CDFW has an Automated License Data System (ALDS) that keeps track of the licenses a person has purchased and makes obtaining a duplicate sport fishing or hunting license easy from any license agent. The ALDS enforces license rules regarding the number of licenses a person may possess and will not allow a person to purchase a second annual sport fishing or hunting license.


Starfish hunting
Question: Is it legal to take a starfish off the rocks in the ocean? If it is, do you need a license? (Mike H.)

Answer: Sea stars (starfish) may not be taken off the nearshore rocks in California if they are between the mean high tide line and 1,000 feet seaward of the mean low tide line. Outside of this zone you may take 35 sea stars, and yes, you’ll need a valid fishing license. And if you do still choose to venture out past the 1,000 ft. zone for them, and you’re north of Yankee Point, you can only take them while free diving (CCR Title 14, section 29.05(d)).

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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 Fish the Lobster Opener?

California Spiny Lobster (CDFW photo by Derek Stein)

California Spiny Lobster (CDFW photo by Derek Stein)

Question: I know that lobster season opens at 12:00:01 Sept. 27, 2014. If the hoop wet time is a maximum two hours, can I drop my hoops at 10:15 p.m. Sept. 26, 2014 and pull them after midnight? (George G.)

Answer: No, attempting to take lobsters is “fishing” and so if you drop your hoop nets before the season officially opens, you will be fishing out of season. Lobster season officially opens during the first minute of the first day of the season (12:00:01 a.m., Saturday, Sept. 27). The two hour wet time requirement is designed to require the net to be checked every two hours once it is legally in the water. So this means that even if you legally drop your hoop nets in the water a second after midnight, they must be serviced by 2:00:01 a.m.!


Protocols for packing deer out?
Question: I am preparing for my deer hunt and planning to hike 2½ miles one way into a place to try to harvest my deer. If I am successful I will need to pack the animal back out by myself, and this may be an all-day sucker. If this animal is large enough, I am probably going to have to quarter it and hump it out. If this is the case, do I take the head and antlers out with the tag on them, then make successive trips back in, or how do people normally do this? I don’t want to take the head out and put it in the back of my truck, risking someone might take it, and then bring another load out and find I have no evidence. Do you have a suggested protocol I should follow? Thanks. (Rick L.)

Answer: Most hunters in your situation like to bring a small saw to cut the antlers and skull cap from the head as you are not required to keep the whole head of a deer you legally harvest. The law requires that upon taking a deer, you must immediately fill out the tag completely and attach it to the antlers (or ear if an antlerless hunt) and then keep it for 15 days after the close of the season. In your case, the antlers and skull cap could be placed in your locked car in a box or plastic bag until all your meat is hauled out. Depending upon the type of terrain and the size of the deer, many hunters either take out quarters of their deer, or elect to bone it out in the field.

You might also consider using a game-carrier with wheels so that you can keep your game with you at all times while packing it out. Any wildlife officer that contacts you during this process will likely want to check your tagged antlers, but wildlife officers understand that it isn’t always possible to carry the whole deer to your car in one trip.


Ocean salmon loophole?
Question: There has been a lot of discrepancy recently due to a bit of a loophole in the ocean salmon regulations. I have been given different answers by a number of people and would like to have it clarified. I live in Santa Cruz, and in the past few weeks there have been a lot of incidental salmon catches in shallow water while targeting rockfish or lingcod. Because it is entirely incidental catch, I don’t see a problem keeping it even though it was caught on a barbed hook. As long as it was of legal size and landed with a net, it should be ok. Of course, if you choose to keep it you would have to switch to salmon-legal gear, but until you did keep one, you can’t prevent one from slamming an iron as you’re reeling up. So basically, if I am targeting rockfish using the appropriate gear, and I catch a salmon while doing so, could I land it using the required net, and if it was 24 inches, keep it and then resume fishing with salmon legal gear? (Azure C., Santa Cruz)

Answer: You are incorrect about a loophole. It is unlawful to take salmon (north of Point Conception) with a barbed hook, period. No more than two single-point, single-shank barbless hooks shall be used and no more than one rod per angler when fishing for salmon or fishing from a boat with salmon on board. If an angler hooks a salmon while fishing for rockfish using barbed hooks, the fish must be immediately released.


Auto hook setter legal?
Question: I do a lot of fishing in lakes and the Delta. Can an auto hook-setter be used on local lakes and rivers? Please help! (Anonymous)

Answer: Yes.

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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.

Why Don’t Some Deer Shed Their Antlers?

Stag1

Deer that don’t shed their antlers are commonly called “stags”. This is usually the result of some kind of injury (or maybe deformity) of the testicles. Weird looking antlers can also result from injury to the antlers while in velvet. (Photo by Carrie Wilson)

Question: I recently heard about a few Southern California bucks that seem to carry their antlers year round. One person I heard from insisted they were mountain biking and repeatedly saw the same deer in January and in May with a 4×3 rack. While I disagreed with the person telling me this, I admitted I am no biologist and didn’t know what they were seeing. Do some deer out here not shed their antlers? I was under the impression that even though nutrition, water and climate might affect when they shed, that deer always shed their antlers. Can you share some info or point us in the right direction to learn more about the antler shedding process here in SoCal? (Al Q.)

Answer: Deer that don’t shed their antlers are commonly called “stags”. This is usually the result of some kind of injury (or maybe deformity) of the testicles. Testosterone plays a role in both antler development and shedding, so injuries can really affect the types of antlers they have. Weird looking antlers can also result from injury to the antlers while in velvet … but those kind usually fall off normally and are replaced the next year with “normal” antlers.

So, this proves there are indeed exceptions to every rule — even biological ones!


Incidental take while spear fishing?
Question: What happens if a spearfishing diver spots a large fish and shoots and spears it without realizing until too late that it’s a giant (black) sea bass or another prohibited species? Then after the fish is speared and brought to the surface, the spearfisher identifies they have a fish they can’t take or possess and promptly returns it to the ocean. Has the spearfisher violated any laws?

A fisherman (angler) who catches a prohibited species while fishing for other species can argue that the take was unintentional/incidental. Could the spearfisher successfully make a similar argument? (Steve H.)

Answer: Spear fishermen are responsible for identifying their targets before they pull the trigger and can be held accountable for shooting a prohibited species. They are also responsible for ensuring that any fish they shoot meets the minimum size limit requirements for that species, again, before they pull the trigger.

A short lingcod or illegal giant sea bass, for example, is unlikely to survive after being shot by a spear fisherman who has the ability to select his target carefully; a short or illegal fish is much more likely to survive being hooked and released by an angler fishing from a boat, who cannot selectively target which individual fish he wishes to catch.

If a diver is unsure about the size or identity of the fish he/she’s aiming at, he/she should choose a different target. Shooting a fish that you’re unsure of could be illegal, and we believe that many spear fishermen would consider it unethical, as well.

All of these same principles also apply to hunters. No one with a rifle, shotgun, spear gun or even bow should pull the trigger unless absolutely 100 percent sure that their intended target is of legal size, species, gender, etc. An accurate (or even lucky) shot made, but with an error in judgment, isn’t worth the repercussions of breaking the very laws enacted to protect the state’s fish and game.


Why the health warnings for brown trout?
Question: In the fishing regulations there are safe eating guidelines for Donner Lake. I am trying to figure out why there are different recommendations for brown trout compared to rainbow trout. The guidelines suggest people eat only one serving of browns vs. seven servings of rainbows. Why? (Tim Worley)

Answer: The recommendations in our regulation booklet are from the Office of Environmental Health Hazard Assessment (OEHHA). The recommendations are probably from actual studies done by OEHHA of mercury levels in edible flesh from these two species from Donner Lake.

According to Dr. William Cox, California Department of Fish and Wildlife (CDFW) Program Manager of Fish Production and Distribution, we do not plant brown trout in Donner and so those fish are essentially wild and older in the system. Therefore, they have been on natural diets and accumulating mercury from the naturally occurring insects and aquatic life that comprises their food chain.

CDFW does plant rainbow trout in Donner as part of what we call a “put-and- take” fishery. For most of their lives those fish are not eating natural feeds, and are generally not piscivorous like the brown trout, so they accumulate much less mercury. Humans, especially children and women of child bearing ages, need to limit their intake of mercury because it can have serious health effects, including death.

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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.