Answer:  It is legal for you to photograph abalone freedivers while you
are using a tank, as long as you observe a couple of regulations.

According to DFG Associate Marine Biologist Ed Roberts, the California
Code of Regulations Title 14, section 29.15(e) prohibits the use of
SCUBA gear or surface-supplied air while taking abalone. If you are
using a tank while photographing abalone freedivers, you cannot assist
them with taking abalone. You cannot help them pop abalone off the
rocks, or spot abalone for them, or do anything else that could be
construed as giving assistance in taking abalone. In addition, under
this section the possession of abalone is prohibited aboard a vessel
that also contains SCUBA gear or surface supplied air. This means you
will have to use a separate boat - you cannot board the same boat the
abalone freedivers are using while you are using SCUBA gear.


Question: Is it legal to use mice as bait for stripers and bass? (Chris
M.)

Answer:  Despite the fact that there are many artificial lures on the
market that look like mice, real mice may not be used in inland waters.
Only legally acquired and possessed invertebrates, mollusks,
crustaceans, amphibians (except salamanders), fish eggs and treated and
processed foods may be used for bait (CCR Title 14, section 4.00). In
ocean waters, there are no restrictions on using mice as bait for
stripers.


Question:  Are 12-gauge BB shotgun shells considered non-lead? Am I
able to hunt coyotes with them in the lead-free area? I have not been
able to get a clear answer to this question and others regarding the
lead-free area. Per regulations, wardens are able to confiscate
ammunition from hunters, but can I really be fined for using the wrong
ammo if there is no clear information available? Which portion of the
law allows items (including muzzle-loading rifles) to be confiscated
under suspicion of shooting leaded bullets? I am not trying to get
around the law, but I want to understand it so I don't get in trouble by
accident. It seems the law is not well-defined and has caused much
confusion. (Colin K.)

Answer:   Yes, they are considered lead. No, you cannot use them in the
lead free area. The California Fish and Game Commission defines a
“projectile” as any bullet, ball, sabot, slug, buckshot or other
device that is expelled from a firearm through a barrel by force. It is
illegal to use any projectile that contains more than 1 percent lead for
hunting big game or nongame within the affected area. This includes
centerfire as well as blackpowder/muzzle-loader and rimfire projectiles.
Additionally, for hunting nongame, “shot” and “pellets” are
considered projectiles, and lead in these projectiles is prohibited as
well.

Shot made from any material other than lead (e.g., steel, bismuth or
other non-toxic substances) are not prohibited by this law and may be
used in the lead-free zone to take coyotes and other wildlife as
authorized in the regulations.  

Game wardens are authorized to seize not only ammunition but any other
item (including firearms, vehicles, clothing, game, etc.) that may be
necessary for evidence in court. The authority to seize evidence is not
found in the Fish and Game Code but is found within various federal and
state laws and court decisions regarding arrest, search and seizure.

Non-lead ammunition zone information can be found at
www.dfg.ca.gov/wildlife/hunting/condor/. The site is frequently updated
with new information. The site also contains answers to many commonly
asked questions, such as your question regarding the use of BB-size
shot.  

Question: Is it legal to use a treble hook while fishing for rockfish
south of the 40.10 line? (Kevin M.)

Answer: Yes. You may use no more than two hooks (a hook is a single
hook, or a double or treble hook with multiple points connected to a
common shank) and one line (CCR Title14, section 28.55 (d)). If,
however, you have salmon on board, then you may only fish with salmon
gear. Salmon gear consists of no more than two single point, single
shank barbless hooks when fishing for salmon or when salmon are on board
(CCR Title14, section 27.80 (a)(2)).