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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.
Can Sport Caught Fish Be Donated to a Food Bank?
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)

sportcaughtfish
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)

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 Carrie.Wilson@wildlife.ca.gov.


Salmon and rockfish on mixed tackle?
Question: I fish out of Port San Luis. When fishing for salmon in a private boat, as long as I am trolling with barbless hooks, am I allowed to have barbed hooks in my boat? I am asking because we would like to troll for salmon in the morning and rockfish in the afternoon. Last year we didn't know what to do so we fished with salmon gear in the morning, then came back in and swapped for our rockfishing gear. That extra trip cost us two hours of travel time and a lot of extra fuel. When asking around I heard from one guy that I was not allowed to have barbed hooks in the boat while salmon fishing, but then another guy said it was ok to have barbed hooks in the boat as long as I was trolling barbless hooks. What’s the correct answer? (Carl R.)

salmonangler
CDFW PHOTO

Answer: You can have the two types of gear on the boat, but since you’re fishing north of Point Conception, once you begin fishing for salmon or have salmon on board, you can troll using only one line with up to two single-shank, barbless hooks regardless of what you’re fishing for (California Code of Regulations Title14, section 27.80(a)(2)).


You did mention that you’re usually trolling, but if you’re mooching for salmon using bait and not trolling, you’re allowed to use only barbless circle hooks between Point Conception and Horse Mountain.


For complete salmon fishing regulations, please visit our ocean salmon website. For a summary of the recreational groundfish (including rockfish) fishing regulations for 2016, please check our regulation summary tables online. Complete sport fishing regulations are also available online. Regulation booklets are available on this website for download; paper copies are also available at your local California Department of Fish and Wildlife (CDFW) office and wherever sport fishing licenses are sold.


Rather than casting, a remote control boat to take lure out?


Question: Can I use a remote control boat to drop my lure farther out than casting and then bring the remote control boat back to shore while waiting for a bite? The lure is connected to a fishing pole through 50 lb. test braided line. The remote control boat will not be used to assist in pulling the fish out of the water. The lure and the sinker will be lifted off the water while the boat is moving farther off the shore. Once the distance is far enough, then the lure and the sinker will be released and the remote control boat will head back to the shore for battery charging. Is this operation legal? (Lawrence C.)


Answer: Yes. There’s nothing in the Fish and Game Code or Title 14 regulations prohibiting the use of a remotely controlled boat to get your terminal gear out to locations beyond where you can cast. Some people also use kites for this purpose.


Selling a Canadian mounted full size bear?


Question: I purchased a full size mounted black bear from a machine shop owner in 1996. The machinist told me he bought the bear from a store in Canada in 1982 and brought it back to California for display in his shop. He didn’t provide me with any kind of paperwork confirming this. I just bought it by chance when I saw it in his office while having some metal parts fabricated for a job.


I know it’s illegal to kill game in California and sell it for profit, but is it also illegal for me to sell the bear I have that isn’t even from California? I’ve had the bear for about 20 years and now it’s time to pass it to someone else to appreciate. Do you have any advice? The last thing I want to do is unknowingly break a state law and get arrested. (Steve H., Long Beach)


Answer: It is unlawful to sell, buy or possess for sale the meat, skin, hide, teeth, claws or other parts of any bear in this state (FGC, section 4758). Unfortunately, this section applies to all bears, including those lawfully taken out of the state, and this is one of the few violations in the code that may be punished as a felony. In addition, FGC, section 3039 prohibits selling or purchasing any part of a bird or mammal found in the wild in California, and this includes taxidermy mounts. However, for purposes of passing it to someone else to appreciate, you can give your mount away. Your best bet might be to contact a museum, school or service club to see if they might want it.


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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.


Why tag large trophy trout?
Question: A friend caught a tagged fish in Deadman’s Creek near Glass Creek in Mono County. The tag was on the top fin of the fish, orange in color, about one inch long and slightly thinner than a spaghetti noodle with black printing on it. The message on the tag read: “CA DFW TROPHY – DO NOT REPORT.” What exactly does this mean? (Paul and Gloria W.)

rainbowtrout
CDFW’s EASTERN SIERRAS hatcheries, especially Fish Springs, have been placing floy tags on broodstock, or super catchable, fish to inform the public that CDFW is stocking larger fish than the usual two-to-four-pound fish. CDFW photo

Answer: This was likely a derby fish from Crowley Lake that migrated upstream. According to California Department of Fish and Wildlife (CDFW) Fisheries Environmental Scientist Nick Buckmaster, “CA DFW-Trophy" floy tags are put on broodstock (or any large trout) that CDFW's Fish Springs Hatchery releases in an effort to show the fishing public that CDFW does stock fish larger than the usual “catchables.” Many of these fish go to “special waters” for tournaments or events.


According to CDFW Fish Springs Hatchery Manager Matt Norris, who oversees the hatchery that stocks Deadman Creek, we do not have record of any trophy trout being stocked in Deadman Creek, but broodstock have been placed into the Upper Owens River and Crowley Lake (downstream of Deadman Creek). In spring many of our Eastern Sierra rainbow trout move into smaller headwater streams (such as Deadman Creek) to spawn, and this may be the case here.


CDFW’s Eastern Sierras hatcheries, especially Fish Springs, have been placing floy tags on broodstock, or super catchable, fish to inform the public that CDFW is stocking larger fish than the usual two-to-four-pound fish.


Crabbing from jetties


Question: I have a question regarding crabbing on jetties. I have a valid sports fishing license and I am wondering if I can use more than two rods on the Pillar Point jetty? I’ve always thought there are no limits on the number of rods that can be used for ocean fishing, besides on public piers and special targeted species regulations. I will be mainly using crab snares with six loops. Is a valid fishing license even required to fish on jetties? (John)


Answer: If a jetty meets the definition of a public pier, no license is required but there are gear restrictions. “On public piers, no person shall use more than two rods and lines, two hand lines, or two nets, traps or other appliances used to take crabs” (California Code of Regulations Title 14, section 28.65).


“A public pier is a publicly owned manmade structure that has the following characteristics: is connected, above the mean high tide, to the main coastline or to the landmass of a named and charted natural island; has unrestricted free access for the general public; and has been built or currently functions for the primary purpose of allowing angling access to ocean waters. Additionally, publicly owned jetties or breakwaters that are connected to land, as described above, that have free unrestricted access for the general public and whose purpose it is to form the most seaward protective boundary of an ocean harbor are public piers. Jetties, breakwaters, promenades, sea walls, moles, docks, linings, barriers and other structures that are not the most seaward protective boundary of an ocean harbor, are not public piers” (CCR Title 14, section 1.88.)


In this case, the two outermost jetties at Pillar Point Harbor meet the definition of public piers. The inner jetties do not meet the definition as they are not the most seaward protective boundary, and the harbor district currently does not allow fishing from them.


For any jetties or piers that do not meet the definition of a public pier (as in section 1.88), anglers need a fishing license and are able to use as many lines or other appliances as wanted, per regulations.


Documentation needed to collect and keep antler sheds?


Question: I work on a ranch with a lot of property. Among the wildlife on the property, there are a lot of deer. Whenever I hike around I find antler sheds. I was wondering if it is legal for me to take them, and if so, what documentation would I need to keep them? (Lindy K., Sacramento)


Answer: It is legal to collect antlers that have been naturally shed or dropped by deer or elk in California. No documentation is needed to possess them. Keep in mind that everything in nature is recycled. Many mammals, rodents in particular, gnaw on shed antlers as they are valuable sources of calcium and other micronutrients. Recognize that if you remove it from the field, you are denying that source of nutrient. Next time you find a shed antler, inspect it closely and you will often see teeth marks from these animals. Also, be sure to check local regulations because some areas (e.g. most parks) do not allow collecting of sheds in areas under their jurisdiction. Fish and Game Code, section 3039(c) provides the authority to have them and sell 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 Carrie.Wilson@wildlife.ca.gov.


Hunting with drones
Question: What laws apply to big game hunting with camera equipped, radio controlled, drone aircraft? (Terry B.)

rcheliofishing
THE USE OF DRONES to hunt or pursue wildlife is prohibited in California. CREATIVE COMMONS PHOTO

Answer: The use of drones to hunt or pursue wildlife is prohibited in California.


“No person shall pursue, drive, herd, or take any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat, or snowmobile. Additionally, no person shall use any motorized, hot-air, or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing until 48 hours after any big game hunting season in the same area” (California Code of Regulations Title 14, section 251(a)).


The pursuit of birds and mammals by the use of any “motorized water, land or air vehicle” to “pursue, drive or herd any bird or mammal” is also prohibited, with limited exceptions that do not include hunting (Fish and Game Code, section 3003.5). (159)


Transporting legal black bass to my home?


Question: Is it permissible to catch a legal black bass, keep it alive while fishing, and then transport it alive to one's home? (Jim E.)


Answer: While on the water, you can keep the black bass alive either in your live well on the boat or on a stringer in the water from where it was taken. However, you cannot then transport a live fish away from the waters where taken. Once you leave the water, all fish that you are taking with you must be dead (CCR Title 14, section 1.63).


Replacing abalone back to same rock?


Question: If an abalone diver takes a legal-sized abalone, is it legal for him to return it to the same rock if he does not remove more than three abalone during the day? I know some divers that will dive for several hours and may “pop” one to three abalones without damaging them, and keep none of them, returning all of them to the rocks where they were removed. I don’t think there is anything, technically, in the laws that prevents this, but maybe there should be. (Anonymous)


Answer: There is a law prohibiting this both for the health of the abalone and to prevent high-grading. All legal-sized abalone detached must be retained by the person who detaches it. In addition, no undersize abalone may be retained in any person’s possession or under his control. Undersize abalone must be replaced immediately to the same surface of the rock from which detached. (FGC section 29.15[d]).


No person shall take more than 18 abalone during a calendar year (FGC section 29.15[c]). If the diver takes three legal-sized abalone and puts them back, those abalone still count toward both the diver’s daily and yearly limit. This means that divers must still record those abalone on their report card so as to not exceed their yearly limit.


If a wildlife officer sees someone take a large abalone that is obviously larger than seven inches and the person puts the abalone back, this person has just violated section 29.15(d). If that person then doesn’t record the abalone, he is guilty of failing to complete the Abalone Report Card as required. Wildlife officers on the north coast have written several citations for this, usually to trophy hunters looking for that elusive 10-inch abalone. Wildlife officers try to convince people hunting for trophy abalone to measure them before removing them from rocks.


Turtles from pet stores


Question: I know it’s against the law for pet stores to sell baby turtles, as they can carry salmonella and other dangerous bacteria, plus children can swallow and choke on them. The other day I saw something in my local pet store that confused me. The store was offering a free baby turtle with the purchase of their turtle habitat setup – aquarium, gravel, filter, etc. Technically, they weren’t selling baby turtles, but doesn’t this circumvent the intent of the law, which is to protect public health? (Ed R.)


Answer: What you describe wouldn’t violate any California Fish and Game Code or its implementing regulations but would most likely violate federal and state laws designed to protect public health. Turtles are required to have a carapace (shell) length of at least 4 inches to be imported, sold or distributed (CCR Title 17, section 2612.1). This restriction was brought into effect under the Public Health Services Act by the Food and Drug Administration (FDA) in 1975 to address the problem of Salmonella infections in children. I have heard this size was determined to help prevent children from putting these small reptiles into their mouths. Prior to the ban there were an estimated 250,000 cases of turtle Salmonellosis in children and infants that were associated with pet turtles in the United States (Source: http://exoticpets.about.com/od/reptilesturtles/a/turtlesales.htm.)


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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.


DIY Personal Domoic Acid Testing of Crabs?
Question: Is there any kind of Domoic acid test kit available that a consumer can use to test his/her own crabs? I would think there would be a lot of interest in this. I love to catch and eat crabs but also hate risking getting sick! (Bob W.)

carrie_dungenesscrabs
DUNGENESS CRABS FROM the San Francisco Bay Area. Photo by Carrie Wilson

Answer: If you do a google search you will find some kits that state they will detect Domoic acid toxins in shellfish, marine algae and water samples. However, the California Department of Fish and Wildlife (CDFW) cannot comment on the suitability of these products to address your concerns. You can minimize your risk though by following California Department of Public Health (CDPH) advisories. In their recent news release, CDPH advised that meat from Dungeness crabs caught in areas where the advisory has been lifted is safe to consume. However, consumers are advised to not eat the viscera (internal organs, also known as “butter” or “guts”) of crabs.


Crab viscera usually contain much higher levels of domoic acid than the crab body meat. When whole crabs are cooked in liquid, domoic acid may leach from the viscera into the cooking liquid. Water or broth used to cook whole crabs should be discarded and not used to prepare dishes such as sauces, broths, soups or stews (i.e. cioppino or gumbo), stocks, roux, dressings or dips.


To check for current health warnings on the consumption of crabs and other shellfish, I suggest you call CDPH’s shellfish hotline at (800) 553-4133 or visit CDPH’s Domoic Acid health information Web page. This information is always up to date and available via a recorded message 24/7.


If I see a mountain lion, who do I call?


Question: What do I do when I see a mountain lion come on my property? Who do I call? (Darren M.)


Answer: If you see a mountain lion come onto your property, you don't need to call anyone unless the animal is acting aggressively toward you or your family, or if it appears to be sick or diseased. If you feel it is an immediate threat to you, call 911. But mountain lions are usually just looking for deer or other prey animals.


If you do know you have a mountain lion around your home, I suggest you keep small children, pets and other animals in a protective area, especially from early evening through mornings when mountain lions are most active. If the animal is just passing through, as they typically do, you might just watch it and enjoy the unique opportunity you're being given to actually see one. Most people will never have the chance to see one in their lifetimes.


For more information, please check out our living with mountain lions webpage.


Do blue catfish reproduce in California?


Question: Do blue catfish reproduce in California lakes? If not, why? (Mike M., Anaheim)


Answer: Blue catfish can reproduce in lakes provided they have the right cave type of habitats. Spawning blue cats construct nests under overhanging rock ledges along deeply undercut banks and other sheltered places. In lakes that are self-contained where the lake managers purchase the fish from private hatcheries, CDFW cannot be sure if those fish were genetically altered for increased growth. If they were, those fish could be infertile.


Lifetime license still valid if I move out of state?


Question: I was looking into the Lifetime Hunting/Fishing license. This may be a stupid question but if I leave the state of California and change my residency, do I forfeit the whole lifetime license? I assume I must live in California in order to qualify. (Bill)


Answer: No, you won’t forfeit it. Under the provisions of a Lifetime Hunting or Fishing License, your license is valid for hunting/fishing when you return to visit even if you move out of state. You would be required to buy non-resident tags for big game species but the license is still valid. For more on the benefits and privileges of hunting and fishing lifetime licenses, please visit the department website.


Can you harvest abalone for a handicapped individual?


Question: Just curious if there are any provisions in the abalone regulations to allow someone to assist a handicapped person. For example, if the person is unable to dive for abalone, can someone else harvest the catch for them? (Todd J., Milbrae)


Answer: No, an individual may only take or possess one daily limit of abalone (which is three). A diver could take three abalone one day, record and tag them with their abalone report punch card and tags, and then give them to a disabled person who is not able to dive. Then the following day, the diver may go out to get three more abalone for themselves, and again, report them on the punch card and tag them in accordance with the regulations.


There are no restrictions about gifting abalone, but abalone that are given away count toward the giver’s daily bag and annual limits. In addition, anyone who receives abalone as a gift (whether they have a fishing license or not) may only possess one daily bag limit.


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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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