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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.
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 .


Scuba diving through MPAs with lobsters
Question: If a scuba diver legally enters an area for lobster, proceeds to catch lobster in that area but then is unable to exit the water safely, could they surface swim through a Marine Protected Area (MPA) zone with their catch and exit legally? (Tom)

lobsterdiverCALIFORNIA SPINY LOBSTER. CDFW PHOTO COURTESY OF DEREK STEIN


Answer: Yes, the diver can swim through but should make sure they are clearly not actively hunting for lobsters. For example, if when kicking in on the surface and are right in close to the rocks, they then stop and shine their lights into holes or reach into holes, they may appear to be hunting for lobsters. If they have lobsters in their possession and a warden determines they are attempting to hunt, pursue, catch, capture or kill any lobster, they may be issued a citation for fishing in an MPA.


“Spear fishermen with or without catch shall be allowed to transit through MPAs and MMAs. While transiting MPAs and MMAs that prohibit spearfishing or while in possession of species not identified as allowed for take in the MPA or MMA being transited, spearfishing gear shall be in an unloaded condition, not carried in hand, and the diver shall remain at the surface” (California Code of Regulations Title 14, section 632(a)(8)).


Hunting with an Atlatl (spear thrower)?


Question: Is it legal to use an Atlatl, or spear thrower, to hunt game animals in California? If it is legal, what are the regulations for their use? (Charlie)


Answer: No, a spear thrower is not legal to use. Only methods defined in the 2016-2017 California Mammal Hunting Regulations booklet for the take of small game (CCR Title 14, section 311, on page 26) and for big game (CCR Title 14, section 353, beginning on page 27) may be used.


Personal limits vs boat limits?


Question: When on a boat with a group of fishermen, does the bag limit apply to the boat (as I believe I’ve read in the statutes and have seen on party boats) or does it mean that anyone catching their limit must stop fishing altogether?


I ask because we were ordered off the water when some wardens told us one of our friends could no longer be out there with us since his gear was still in the boat and he was considered to still be fishing. He was the only one with a limit.


Also, since fresh and saltwater regulations are slightly different, where in your regs are the lines of demarcation for San Francisco Bay? (Jerry Z.)


Answer: Boat limits apply to anyone fishing aboard a boat in ocean waters off California or in the San Francisco Bay (CCR Title 14, section 27.60(c)). Boat limits allow fishing by all authorized persons aboard until boat limits of finfish are taken and possessed aboard the vessel. Boat limits do not apply to sturgeon, shellfish or when fishing in inland waters.


“The San Francisco Bay is the waters of San Francisco and San Pablo bays, plus all their tidal bays, sloughs, estuaries and tidal portions of their rivers and streams between the Golden Gate Bridge and the west Carquinez Bridge. For purposes of this section, waters downstream of the Trancas Bridge on the Napa River, downstream of Highway 121 Bridge on Sonoma Creek and downstream of the Payran Street Bridge on the Petaluma River are tidal portions of the Napa River, Sonoma Creek and Petaluma River, respectively” (CCR Title 14, section 27.00).


“Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco Bay and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville” (CCR Title 14, section 1.53).


When fishing in inland waters, bag limits apply to each individual angler and not to the boat as a whole.


Bear skin rug and Alaskan whale bone carving for sale


Question: I have a bear skin rug, along with the head, that was the property of my mother-in-law. We also have a whale bone carving from an Alaskan artist. These are not things we wish to hold on to. Is there any way to sell these items in another state (outside of California) even though we live in California? What are the other options? (Kathy S.)


Answer: Regarding your bear skin rug, it is “unlawful to sell or purchase, or possess for sale, the meat, skin, hide, teeth, claws or other parts of any bear in this state (Fish and Game Code, section 4758). And as far as the whale bone carving, “it is unlawful to sell or purchase a bird or mammal found in the wild in California” (FGC, section 3039). So, if your carving comes from a whale that occurs in California waters, it may not be sold in the state. While neither of these laws apply to transactions taking place entirely outside of California, you are encouraged to consult the U.S. Fish and Wildlife Service to determine if any federal laws may apply.


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Carrie Wilsonis 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 .


Human-powered boats?
Question: I have a question regarding a human-powered boat for duck hunting. I understand from the regulations that sails and motors can’t be used, but paddles and oars can. My boat has a prop for propulsion, but it isn’t gas or battery powered. Instead, it has bike pedals so I power it with my legs. It’s called a drive so would that be considered a motor? I am wondering if the “spirit of the law” originally allowed for the use of human power, but because pedals weren’t thought about when the law was written, they aren’t specifically mentioned under the “letter of the law.” How would this be enforced? Would I be OK to use it? (Doug T.)

regulationsgenerally

REGULATIONS GENERALLY prohibit the take of “any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile.” PHOTO COURTESY OF DAVID A. JONES, DUCKS UNLIMITED


Answer: Your drive may give the impression that your boat is under power, so if you are checked in the field, I would expect that you would be thoroughly inspected to determine the source of propulsion.


Regulations generally prohibit the take of “any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile” (California Code of Regulations Title 14, section 251). However, take is allowed if “the motor of such motorboat, airboat or sailboat has been shut off and/or the sails furled and its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor or is being propelled by paddle, oar or pole.”


Since our regulations don’t define what a “motor” is, courts would interpret the word by looking at the dictionary. Most definitions of motor seem to point to a machine or engine. However, many definitions refer to devices that convert one kind of energy into mechanical energy to produce motion. Given this potential ambiguity, many wildlife officers would likely not cite you for shooting from your human powered boat. But, to avoid the potential of being cited, the California Department of Fish and Wildlife (CDFW) recommends you take the propeller out of the water in addition to being stopped while actively hunting.


Lobster double limits


Question: What form will I need to obtain in order to possess double limits of lobster and what requirements are there? Thank you. (John K.)


Answer: The daily bag and possession limit is seven lobsters. Generally, the law only allows a person to possess a single limit (CCR Title 14, section 1.17). The only exception would be for multi-day trips as authorized under CCR Title 14, section 27.15. This section requires you to submit a Declaration for Multi-Day Fishing Trip to CDFW and to keep a duplicate on the vessel. The trip must be continuous and extend for a period of 12 hours or more on the first and last days of the trip. If you were diving for lobster for 12 hours or more before midnight on the first day of your trip, then you would be able to take your second day’s limit after midnight, as long as your trip extended for at least 12 hours on the second day as well.


The multi-day fishing declaration process is intended to allow persons fishing offshore, on a trip that lasts multiple days, to catch and keep up to three daily limits of finfish, lobster and rock scallops (in Southern California). In addition, no berthing or docking is permitted within five miles of the mainland shore, including Catalina Island. If passengers disembark the vessel to spend time ashore in Avalon, the trip is not continuous and the permit is invalid. This is the intention of the section when it talks about not berthing along the mainland shore.


Are artificial fish scent attractants considered bait?



Question: Are products like artificially scented fish eggs considered “bait” when it comes to areas where the regulations call for artificials only? My guess is they would be considered bait, but what about just plastic salmon egg imitations with no scent? Does scent play into the regulations at all? (Mike S.)


Answer: An artificial lure is “a man-made lure or fly designed to attract fish. This definition does not include any scented or flavored artificial baits.” (CCR Title 14, section 1.11). This means attractants may not be applied to the lure while fishing in waters restricted for artificial lure use.


In addition, some people spray WD-40 on their lures. This substance contains petroleum and is specifically prohibited by law to be deposited or introduced into the waters of the state (Fish and Game Code, section 5650).


Pistol on a wildlife area


Question: Is it legal for me to have a pistol unloaded and locked up in my truck while hunting at a wildlife area for ducks (for example, in the Mendota Wildlife Area)? (David R.)


Answer: Yes, as long as the pistol is securely locked and stowed.


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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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