CALIFORNIA'S ONLY SPORTSMAN'S NEWS SINCE 1953

Carrie Wilson's Blog


DFG Q & A
WONews Column by Carrie Wilson

Carrie Wilson is a marine biologist with the California Department of Fish and Game. She cannot personally answer everyone’s questions but will select a few to answer in this column each week. Contact her at cwilson@dfg.ca.gov.
What can be collected from ocean beaches?
Question: I am an artist and my medium is to work with natural items I find in nature. I was wondering if I am allowed to take items from the beaches near my home. I see people collecting many things but I know that the beaches are protected and I don't want to take anything that is forbidden. I am particularly interested in the seaweed and colorful algae that washes up after storms. There are also items such as sponges, tree fans, dead crabs, even little animal skulls, and of course drift wood. I would really love to know if I am allowed to collect anything so as not to disrupt the natural process of things. Any information you could offer would really be great. (Aggie M.)

starfish
SEA STARS. CDFW file photo

Answer: Aside from state parks and marine protected areas that prohibit take/collecting of marine life within their boundaries, some collecting of beach wrack for personal use is allowed under certain conditions. If any of the algae/kelp you collect will be used for products that will be sold, a commercial Kelp Harvesters License will be required. Please check our website for all of the details regarding kelp and marine algae collection.


Shells that have been discarded by their occupants may be taken as long as you’re doing so in an area where collecting is not prohibited by the governing agency. Wherever you go, you should contact the governing agency to find out what collecting activities are legal for that area. As long as the shells are legally obtained and not sport-taken, they can be used to make art and or jewelry that is sold.


Marine protected area information is available online. Notice that some areas do not allow any "take." You will find information on this page regarding the areas you may want to avoid.


As far as animal skulls, sea otters and all other marine mammal skulls may not be collected or possessed unless specifically authorized through the federal government (NOAA). If you are selling your artwork, Fish and Game Code, section 3039 generally prohibits selling any parts of a bird or mammal found in the wild in California.


GO ID required on buoys when crab fishing from a pier/dock?


Question: The 2016-2017 Dungeness crab fishing regulations say you have to have a buoy on your crab pot with your GO ID number. Does this requirement apply when you are crabbing off a pier or dock, too? (Judy and John F.)


Answer: Yes, if you already have a fishing license when fishing off a pier or jetty (even where no license is required), then you must fish with buoys marked with your GO ID. It’s OK to use a small net float/buoy instead of a full size buoy if you’d prefer. According to the California Code of Regulations Title 14, section 29.80(c)(3), every recreational “crab trap” except those used by a Commercial Passenger Fishing Vessel (CPFV) “shall be marked with a buoy” with the operator’s GO ID on it. One exception to the GO ID requirement in this scenario would be if the person fishing from a public pier or jetty was not required to have a fishing license and therefore has no GO ID. The trap would still need a buoy attached, but would not need to be marked. Anyone can get a GO ID, even if they have no fishing license or are under age 16. Instructions for getting a GO ID are available on our website.


Baiting turkeys with water?


Question: I have a friend who bow hunts for turkeys and puts a tub of water near his turkey blind. He also places small water tanks in brush areas during deer season and says it’s ok. Is this true? Is it legal to use water as bait? (Dennis B., Palmdale)


Answer: Your friend should be informed that CCR Title 14, section 251.1 prohibits intentional acts that “disrupts an animals’s normal behavior patterns.” This activity is also specifically prohibited on some public lands (CCR Title 14, section 730). This section prohibits hunting for more than 30 minutes within 200 yards of wildlife watering places on public land within the boundary of the California Desert Conservation Area or within ¼ mile of six specified wildlife watering places in Lassen and Modoc Counties. The definition of “watering place” includes man-made watering devices for wildlife.


Do licensed fishing guides also need a fishing license?


Question: Is a California licensed fishing guide required to also have an individual sport fishing license? (Tom H.)


Answer: If the guide is just driving the boat and only verbally guiding clients while they fish, then no. However, if the guide does any fishing themselves, then a sport fishing license is also required.


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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 Carrie.Wilson@wildlife.ca.gov .


Rainbow Trout/Steelhead vs Coastal Cutthroat Trout
Question: I have a question regarding regulations on non-adipose fin-clipped (“wild”) rainbow trout/steelhead and coastal cutthroat trout in tributaries on the North Coast (e.g. the lagoons in northern Humboldt County). Anglers are not permitted to keep wild rainbow trout/steelhead but are permitted to keep wild coastal cutthroat trout. However, these two species are well known to hybridize and hybrid offspring are reproductively viable.

Hybrids also exhibit a continuous spectrum of phenotypic expression that runs from the rainbow phenotype (few spots below the lateral line, small head, maxillary terminating before the rear of the eye and no throat slashes) to the cutthroat phenotype (heavily spotted including below the lateral line, large head, maxillary extending past the rear of the eye and throat slashes present). These phenotypes are what the California Department of Fish and Wildlife (CDFW) website recommends for identification of the two species, but there is no reference to the basibranchial teeth that are specific to cutthroat.


Therefore, if an angler catches a non-adipose fin-clipped trout that has no throat slashes, no spots below the lateral line, a small head and a maxillary that does not extend beyond the rear of the eye, but has basibranchial teeth, is the angler allowed to keep the trout? The fish described is likely a hybrid “cuttbow.” Alternatively, if an angler catches a trout that outwardly looks like a coastal cutthroat but does not have basibranchial teeth, is the angler allowed to keep the trout? Again, this fish is likely a cuttbow. (Brian P., Sacramento)


kenssteelheadSTEELHEAD FISHING. PHOTO COURTESY OF KEN ODA


Answer: According to CDFW Environmental Program Manager Roger Bloom, it is true that rainbow trout/coastal cutthroat hybrids exist at some low level in sympatric populations. However, based on a recent scientific study, the practice of using phenotypic traits to distinguish hybrids is not very effective. Although the presence of basibranchial teeth are a strong indication of a cutthroat trout lineage, it should not be used exclusively as a definitive sign to retain/harvest a fish.


From a regulatory/enforcement perspective, field identification of coastal cutthroats should be based on commonly agreed upon morphology of red/orange slashes found under the jaw. If there is a question about a fish being a hybrid coastal cutthroat crossed with a rainbow trout, anglers should err on the side of caution. It must have observable red/orange slashes if the trout is to be considered a coastal cutthroat for harvest.


Interestingly, some Central Valley hatchery steelhead may exhibit orange/yellow slashes which could stem from genetic influences via ancestral redband trout. Hence, if an angler encounters an adipose-clipped fish that looks like a rainbow trout but has these characteristics, it can be retained/harvested as there are currently no hatchery coastal cutthroats with clipped adipose fins.


Eating fresh-caught fish while at sea?


Question: Is it legal to eat just-caught fish while still at sea? For example, if I catch a tuna, fillet it into six pieces and later that day have one piece for dinner, would that be a criminal offense under the new fillet rules? (Jim K.)


Answer: No, you are welcome to cook sport-caught fish on a vessel as long as the fish is counted toward the angler’s individual bag limit and the vessel’s boat limit. The fish must also meet the fillet length requirements and any skin patches must be left on until the fish is prepared for immediate consumption (Fish and Game Code, sections 5508 and 5509). This applies regardless of which species is taken, and includes the new tuna fillet rules. Remember, you cannot catch another fish to replace the one that has been eaten once the bag/boat limit has been filled for that type of fish for that day.


Ranching wild pigs on private property?


Question: Are there circumstances under which a California rancher or even a private resident can keep live wild pigs on their property? I haven’t found any regulations that specifically address this. (Mike A.)


Answer: No, it is not lawful for any California resident to possess wild pigs (Sus scrofa) (California Code of Regulations Title 14, section 671(c)(2)(Q)). However, there is an exception for Sus scrofa domestica, also known as the domesticated pig one commonly sees on a farm (CCR Title 14, section 671(c)(2)(Q)(1)).


Crab Hawk


Question: Is it legal to use the device called the “Crabhawk” to fish for Dungeness crabs? (Forrest L., Watsonville)


Answer: This device, which attaches to the end of a fishing line, is not legal in California. For descriptions of legal devices that may be used to take crabs, please check CCR Title 14, section 29.80. The Crabhawk does not meet the regulatory criteria.

An alternative trap that may be attached to the end of a line is the crab loop trap. These have been legal to use in California for many years.


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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 Carrie.Wilson@wildlife.ca.gov .


Collecting moon jellyfish for home aquarium?
Question: I would love to introduce moon jellies into my home saltwater aquarium. Can I collect them myself or do I need to try to buy them? I would not sell or trade them afterwards for something else. If this would be legal, can I collect them under a basic fishing license or would I be required to have a marine collector’s permit? (Tucker M.)

moonjellies
MOON JELLIES. PHOTO BY MICHAEL GIL – CREATIVE COMMONS

Answer: Moon jellyfish occurring outside the tide pool zone (1,000 ft. seaward from mean high tide) may be legally taken with a fishing license, and the bag limit is 35 (California Code of Regulations Title 14, section 29.05(a)). Anything taken under a sport fishing license in California may never be offered or possessed for sale, barter, exchange or trade.


Steelhead cards when fishing for salmon in anadromous waters?


Question: Do you have to fill out a steelhead card when fishing for salmon in anadromous waters? There’s a debate going on so I need a straight answer. If I am fishing in the American River in Sacramento when steelhead are also present, and I am targeting salmon only, but in a manner in which steelhead are also often taken (like throwing spinners from the bank), do I have to possess and fill out a steelhead report card before fishing even if my intent is only to catch salmon? (James D.)


Answer: No, as long as you do not retain any steelhead caught incidental to your salmon fishing. If you do catch a steelhead by mistake while fishing for salmon, just be sure to immediately release it.


GoPro mounted to my shotgun/rifle while hunting?


Question: Is it legal to mount a GoPro to my shotgun when turkey hunting or rifle while deer or pig hunting? How about when I’m just out shooting? (Derek M.)


Answer: Yes, this is legal when hunting as long as no light is cast out from the camera (even though I know that’s unlikely). There are no restrictions when just target shooting.


Transporting Dungeness crabs


Question: What is required before transporting my Dungeness crabs home? Once crab is caught, measured and brought to shore, how must the crab be transported home? For instance, can it be cooked at a campground, cleaned (i.e. remove bottom shell, gills and viscera) then transported? Or must the crab remain in one piece for transport? (Anonymous)


Answer: “It is unlawful to possess on any boat or to bring ashore any fish (including crabs and lobster) upon which a size or weight limit is prescribed in such a condition that its size or weight cannot be determined” (Fish and Game Code, section 5508). Nothing prohibits you from cooking or cleaning crabs at your campsite before taking them home.


Carrying a holstered pistol for personal protection?


Question: While hiking in our local wilderness areas, is it legal for me to carry a holstered pistol for protection? This could help to protect my family from any threat of dangerous wildlife – either to scare it away or defend ourselves, if needed. (Louis M.)


Answer: While I can understand your safety concerns, the Fish and Game Code and the California Department of Fish and Wildlife (CDFW) generally don’t regulate firearm possession. Instead, we recommend that you consult the Department of Justice’s 2016 Firearms Laws Summary available online. In addition, attacks from wild animals are uncommon.


Boat-based net regulation?


Question: I have been searching for the regulation that requires all boat-based anglers to have a net. I use a kayak to fish in the Monterey Bay and just found out I am supposed to have a net when fishing. I’ve bought a net to take on my fishing adventures since I learned of my error. (Steve L.)


Answer: The regulation you are looking for is CCR Title 14, section 28.65(d), which can be found in the current Ocean Sport Fishing Regulations booklet, Gear Restrictions section on page 45:


“No gaff hook shall be used to take or assist in landing any finfish shorter than the minimum size limit. For the purpose of this section a gaff hook is any hook with or without a handle used to assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily in its mouth. No person shall take finfish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than 18 inches in diameter.”


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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 Carrie.Wilson@wildlife.ca.gov.


Where and when are turkeys nesting?
Question: I know that turkeys roost in trees at night and that this is their courtship and nesting season, but where do they nest and for how long? We’re seeing lots of toms running around right now but not many hens. I’ve not found any sitting on nests. When can we expect the newly hatched chicks to be out and on their own? (Dwayne J.)

carriespringturkeys
SPRING WILD TURKEY. PHOTO BY CARRIE WILSON

Answer: In most areas, nests can be found in a shallow dirt depression surrounded by moderately woody vegetation that conceals the nest. Hens look for locations close to food and water and with ample cover to safely conceal the hen and her poults (chicks) once hatched. Hens are very leery of predators, such as coyotes and fox, but do leave the nest unattended for brief periods to feed and drink.


Hens typically lay a clutch of 10 to 12 eggs during a two-week period, usually laying one egg per day. She will incubate her eggs for about 28 days, occasionally turning and rearranging them, until they are ready to hatch.


A newly hatched flock must be ready to leave the nest to feed within 12 to 24 hours. Poults eat insects, berries and seeds while adults will eat anything from acorns and berries to insects and small reptiles. Turkeys usually feed in early morning and in the afternoon.


For more on wild turkeys, please see our “Guide to Hunting Wild Turkeys in California” publication online as well as the National Wild Turkey Federation website.


How to catch spot prawns with only a half-inch trap opening?


Question: I took a look at a few online California Department of Fish and Wildlife (CDFW) articles about traps, mesh sizes, etc. Once I saw that other types of shrimp traps have a logical trap opening size compared to the size of the shrimp, I began to wonder if the regulations might have an error.


Can you verify if there has been some sort of error in defining the half-inch opening of the trap as the mesh size of the trap? If this is the case, the size of the opening of the spot prawn trap should be more in line with other shrimp traps. If the opening of the shrimp traps could be in the 3-5 inch range with an alum hoop as the standard, recreational spot prawn trap fishing would be as enjoyable as lobster hooping. (Geoff H.)


Answer: The trap openings cannot exceed a half-inch as you’ve noted, and the regulation has not changed. “Shrimp and prawn traps may be used to take shrimp and prawns only. Trap openings may not exceed one half-inch in any dimension on traps used south of Point Conception nor five inches in any dimension on traps used north of Point Conception” (California Code of Regulations Title 14, section 29.80(f)). The reason for the difference in opening dimensions is to protect juvenile lobsters (found south of Point Conception) from being incidentally taken in these traps.


Does a licensed fishing guide’s son need a guide fishing license, too?


Question: I’m a licensed fishing guide on the upper Sacramento and Feather rivers. Is it legal for my son to help me on my vessel while I’m guiding? I’m seeing that there is a guide employee permit but in this situation that permit doesn’t seem right. Is there a deckhand permit where he can help me and help other friends in their boats that are guided also? He’s not being paid; he’s just there for the experience. (Michael T.)


Answer: If he is not collecting a fee or accepting tips, then he would not meet the definition of an employee as he is a family member and simply a volunteer. However, if he took any kind of compensation, then he would technically be an employee and subject to those licensing requirements. If he is assisting people by casting or fishing and he’s 16 years old or older, then he will need to have a fishing license.


Kangaroo leather motorcycle gloves


Question: I got my motorcycle gloves back in 2014-2015 and the palm area and parts of the digits incorporate kangaroo leather. I don’t intend to sell them but I’m OK to possess and wear them, right? (Anonymous)


Answer: Yes, you are fine as long as you do not have any intention of selling them. It is illegal to “import into this state for commercial purposes, to possess with intent to sell or to sell within the state, the dead body, or any part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx or elephant” (Penal Code, section 653o).


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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 Carrie.Wilson@wildlife.ca.gov.


Cow decoy for big game and turkey hunting?
Question: There is a manufacturer of decoys that attach to the front of a bow gun for hunting big game and turkeys. They are similar to the Montana style decoys but with a frontal profile blocking the hunter’s profile while he aims and shoots through the large center hole. The decoys come in the frontal shape of a bovine cow, a turkey, a cow elk, a mule deer and others. Can I use the bovine cow decoy while bow hunting big game such as deer and wild pigs in California? I have heard of great success with this decoy in other states. Also, can the same decoy be used for turkeys? The cow decoy seems to be a much safer alternative for the hunter to avoid being mistaken for game. (Leo H.)

cowdecoy1

cowdecoy2_410
CROSSBOWS ARE NOT considered legal “archery” equipment and cannot be used during the archery-only seasons for game birds and mammals unless the hunter possesses a valid disabled archer permit. Crossbows can be used during the open seasons for wild turkey hunting.PHOTO COURTESY OF PARKER BOW


Answer: There are no regulations regarding the use of decoys for big game hunting. However, it is “unlawful to use any mammal (except a dog) or an imitation of a mammal as a blind in approaching or taking game birds” (Fish and Game Code, section 3502).


Crab net raiders


Question: What, if anything, can a recreational crabber do to detect, prevent and/or suppress others from raiding and stealing their crabs during crab season? Not only have I had crabs and crab nets stolen (Bodega Bay area), but thieves have gone so far as to replace a catch with things like rocks and beer bottles? Realizing some of my traps may be unintentionally (some possibly intentionally) cut by vessels traveling at sea, is there anything else one can do? Even with my GO ID number properly marked, California Department of Fish and Wildlife (CDFW) wardens are hard-pressed to enforce applicable laws. I’m thinking of developing an alarm of some sort via microchip to detect changes in depth after they’re set. Do you have any other ideas? (Derek B.)


Answer: Unfortunately, there isn’t a lot we can do in this situation. If you are using hoop nets, they must be checked every two hours or less. So crabbing should be a closely monitored activity, which should help alleviate this problem. You may also want to talk with other crabbers and make arrangements to keep an eye on each other’s traps while out on the water. Otherwise, set your traps when you are planning to be on the water and then fish for other species while your traps are soaking.


Clay birds


Question: In a recent column you addressed a question of shooting clay birds being thrown into the ocean. Not sure I like that idea, but that isn’t the issue I have. ALL clay birds today are made of non-toxic, biodegradable material. I love shooting clays and get tired of people who don’t shoot assuming I am “littering” the landscape. Can you please let the public know there is nothing to worry about when it comes to clay birds sold in the stores today? (Linda K.)


Answer: Target shooting and shooting clay pigeons are some of my favorite pastimes. While the clays are supposed to be biodegradable, they break down at different rates depending on the brand. I think the issue is more one of people leaving all of the discards in the fields or areas where they have been used. I think the real issue is even though they may break down eventually, they will still litter the landscape and be viewed as litter when left in public areas. If you’re shooting these on your own property or at a designated shooting range, it’s your choice to leave them where they fall. However, for me, we do much of our shooting on my brother’s property, and although the land is not open to the public, we still pick up everything that we can easily find afterward as a common courtesy, especially since they are all easily seen due to their bright white, orange and lime green colors. Same thing goes for spent shotgun shells. Those don’t break down and will be visible for a long time if left behind.


Maximum lobster hoops?



Question: I know the maximum number of hoop nets that can be fished from a boat is 10. We take a couple of multi-day trips every year and invariably lose one or two during the trip. Can we carry a couple of spares on the boat to replace any we lose? (Larry H.)


Answer: No, unfortunately, you may not. No more than five hoop nets may be possessed or used by a person, not to exceed a total of 10 hoop nets possessed per vessel (CCR Title14, section 29.80(b)).


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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 Carrie.Wilson@wildlife.ca.gov .


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