“Don’t Blame Me … the Fish Did It!”

Lingcod (©Matt Elyash)

Question: Can someone be cited for the inadvertent stomach contents of their catch? As an example, a typical cabezon belly might contain a couple of 3-inch abalone, crabs and/or octopus. Is it a violation to have the abalone (and crabs and octopus if it is in a no-invertebrate take zone) in possession? Another example would be a ling with a big rockfish in his belly. Could the stomach contents place you over the 10 fish RCG complex (rockfish, cabezon and greenlings) possession limit? (Craig G.)

Answer: This situation would be the same as if you caught an undersize or prohibited species unintentionally while fishing. According to Lt. Dennis McKiver, you are required to discard or return to the sea any prohibited species as soon as you discover you have caught a prohibited species. Although you would not be required to remove and inspect the stomach contents of all fish you catch to make sure the fish did not contain a prohibited species, if the fish regurgitates a prohibited species you would not be allowed to retain possession of that prohibited species. You must return it to the ocean even if it is dead.

In your last example, it would be the same as if you had 10 rockfish in possession and continued to fish for lingcod. If you caught a rockfish, you would have an overlimit and would be required to return it to the ocean. Let’s say you were legally fishing for lingcod with two hooks and you caught a lingcod on one hook and a rockfish on the other. You would be required to return the rockfish if you already had a limit in possession. If you are fishing for rockfish and lingcod and you catch a lingcod that contains a rockfish and then you choose to keep the rockfish from the ling’s stomach in your possession, that rockfish becomes part of your rockfish bag limit.

A similar problem occurs when anglers catch surf perch, a species that carries live young. During their spawning season a caught fish may discharge their young as they die or when handled. The angler may then be in possession of more than the 10 surf perch limit of one species, but wardens clearly understand this biological phenomenon.

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Legal to hunt posted lands when inundated with flood waters?

Question: Every waterfowl season, whenever there are heavy rains and flooding, the question comes up as to whether we can hunt lands that are temporarily inundated with flood waters. Can we lawfully go into an area that has been traditionally posted but is now flooded?  (Steve B.)

Answer: According to Capt. Mark Lucero, you can lawfully pass into flooded areas as long as you are not in violation of section 2016 of the Fish and Game Code, which is the hunter trespass section. This section says that if an area is posted with signs forbidding trespass that are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering such lands, then a person may not hunt this property even if the land is temporarily inundated by flood waters.

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Can I catch two limits with a second rod stamp?

Question: I have a second-rod stamp. Does this allow me to catch five fish (trout) per rod or is it per person? (Anthony M.)

Answer: The second-rod stamp only allows for a person in inland waters to fish two rods concurrently. The bag limit remains the same. Fishing two rods just helps you to maybe catch your bag limit quicker! When fishing for trout, make sure you’re not fishing in an area with special regulations requiring only artificial lures, barbless hooks or catch-and-release because the second rod stamp would not be allowed those areas.

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My son just turned 16. Can he hunt the federal youth waterfowl hunt?

Question: I have a question about whether my son is still eligible to hunt the special federal youth waterfowl hunt. He was 15 when the season began but just turned 16 in December. We usually hunt at a club in the Suisun Bay. (Joe P.)

Answer: Unfortunately, the Youth Waterfowl Hunting Days regulations state that “youth hunters must be 15 years of age or younger” at the time the hunt is conducted. I’m afraid your son has outgrown this particular hunting opportunity.

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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 CalOutdoors@dfg.ca.gov.

How does managed hunting benefit deer herds?

California Mule Deer

Question: I am quite concerned about the health of our deer herds and would like to know how proper management of deer hunting will contribute to long-term protection of the herds. I know many people still believe hunting will decimate the herds, but I’ve been told that regulated hunting could also help control the population. What is your take on this?  (Bill B., Susanville)

Answer: Managed hunting of deer is designed to smooth out the highly dynamic population cycles of deer. They are a classic “boom or bust” species in that when habitat conditions are good, deer populations can rise very quickly, but when they are bad (or over-utilized by too many deer), they can crash just as quickly. These crashes usually occur through starvation and/or disease issues.  Managing the population through regulated sport hunting can minimize these types of events.

Another way that managed hunting contributes to herd protection is through the payment of fees for tags and licenses. According to Deer Program Manager Craig Stowers, these funds are used for collection of population, habitat use and movement data, information to monitor and research disease issues, and enforcement of the laws and regulations that are the basis of managed sport hunting. Tag monies are used for habitat projects to benefit deer herds in the state as well.

Although deer are a resource “owned” by all citizens of California, deer management in this state is not supported by general taxes – the license and tag fees are basically “user fees” that are paid for by deer hunters and in turn used to manage the deer resource. Hunters’ dollars fund deer research and habitat work, and hunter harvest helps benefit California’s deer herds by regulating their population cycles.

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Hoop netting for lobsters with panty hose?

Question: While hoop netting lobsters in the past, I have used a piece of old panty hose to keep the bait together. It’s worked well but recently I have been told this is illegal to do because a lobster may get entangled on the hose. This has never happened in the times that I have hoop netted. I’m trying to be legal at all times. Am I breaking the law by using this method? (Doug F.)

Answer: Hoop nets are legal to use to take lobster but traps are not. If hoop nets are modified in any manner that causes the lobster to become entangled or trapped, then the device ceases to be a hoop-net and becomes a trap. The fabric used to make panty hose is known to be an effective trap for lobsters and is not recommended for use on any part of a hoop net when it is used to take lobster.

Hoop nets may contain a bait container but may in no way act to entangle or impede the movement of lobster while it tries to leave the net. If it does, then the device would be illegal, no matter what material is used to construct the bait container.

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Are target shooters limited to the 3-round max shell capacity?

Question: My friends and I were arguing over whether or not recreational shotgun shooters (skeet/trap) are bound in the same way as game hunters by the 3-round maximum shell capacity restriction. I also cannot find any Fish and Game regulations as to whether this holds true for nongame species (such as coyotes). Only game mammals and birds are listed specifically. (Ken)

Answer: Regulations regarding magazine capacity only apply when “taking” game birds and/or mammals (California Code of Regulations Title 14, sections 311, 353 and 507). The 3-round shell restriction does not apply when using a shotgun to take furbearing or nongame species, or when shooting targets, skeet/trap, sporting clays, etc. (CCR Title 14, sections 465 and 475).

Fish and Game Code section 2010 does limit shotguns to no more than six shells when taking “any bird or mammal” and there are Penal Code sections restricting large capacity firearms. Additional information regarding large capacity firearms is available from the Bureau of Firearms Web site at http://ag.ca.gov/firearms/.

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Are duck decoys with flashing LED lights legal?

Question: I have a question about a new duck decoy I’ve found that is not mechanical or a spinning wing type but is one that operates with a string of flashing LED lights on the wings. Nothing on the decoy moves but the flashing lights seem to be an attractant in the early morning. Are these legal to use before Dec. 1? (Mark L.)

Answer: Unfortunately, these decoys may not be used at any time during the waterfowl season because it is unlawful to use any artificial light to assist in the taking of game birds, game mammals or game fish, except in ocean waters or other waters where night fishing is permitted. (FGC, section 2005).

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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 CalOutdoors@dfg.ca.gov.

Can we team dive for lobsters?

Lobster diving is not a team sport (DFG photo courtesy of Derek Stein)

Question: I’ve got a question regarding situations when buddies are diving together for lobsters. Each diver has a license, bag and measuring device but one is experienced and the other is a rookie. The skilled diver gets his limit and finds out the other diver isn’t getting anything. The skilled diver then continues diving with the intention of helping out his buddy, but because they are separated, he puts the overlimit of bugs in his own bag, with the intention to transfer the extras to his buddy while still in the water. In other words, the bugs will be placed in another bag “during the hunt” for when they regroup. Is it legal for one diver to get a second limit of lobsters for his buddy who is having trouble getting his limit? (Jim C., Redondo Beach)

Answer: No. Each diver may only take and possess their own limit (currently seven lobsters), and may not take additional lobsters on any day after taking a limit. Diving is not a team sport in this sense. Once the diver takes game in excess of the legal daily bag limit and they are under his control, he is in possession of an overlimit.

Teaching a new diver to take bugs requires patience and sacrifice. It may take a while for a new diver to learn and get the hang of it, but other divers can’t help to fill his bag in the meantime. The same goes for all other species of fish and game, except for the few species and circumstances where “boat limits” apply (California Code of Regulations, section 27.60(c)).

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Can I hunt with an air rifle and lead pellets in condor country?

Question: I would like to hunt for some critters within the condor area with my .22 cal air rifle and plan to use lead pellets. I have been told that air rifles are not considered firearms and therefore do not fall under the lead ban. Is it true? If not, which law/policy states this information? (Steve Z.)

Answer: Pellet rifles are not considered a firearm, so neither pellet rifles nor their projectiles would be included in the ban. For more questions on non-lead area regulations, please visit the  DFG Web site. 

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Can I fillet fish caught in Mexican waters?

Question: What are the regulations governing the filleting of fish caught in Mexican waters, and where can I find those regulations? (Harold Y.)

Answer: As per Mexican law, fish caught under a Mexican sportfishing license may not be filleted aboard the vessel from which it was caught. According to Department of Fish and Game Lt. Eric Kord, this leaves you the options of traveling out 200 miles to international waters to fillet your fish, or returning to the United States to fillet your fish. Once back in the U.S., if your port of return is in California, then state law would apply to any filleted fish that is possessed on a vessel or brought ashore (CCR Title 14, section 27.65). Any filleted fish on your vessel must meet all size limits, be species authorized for filleting and retain any identification requirements (e.g., skin patch or all skin still attached).

If you choose to fillet your fish in Mexico illegally and transport the fillets back to California, that would be a violation of the federal Lacey Act, which is subject to much steeper fines and penalties (via a formal complaint from a National Oceanic and Atmospheric Administration fisheries agent).

To look up the Mexican laws that apply, please visit Mexico’s National Aquaculture and Fishing Commission (CONAPESCA) Web site.

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Hunting with non-valid tags in possession?

Question: Last fall while hunting with a guide in D6 zone for deer and bear, I shot a nice 300-pound black bear. While getting my bear tag from my backpack, one of the guides saw that I had both my D5 and D6 deer tags as well as my bear tag. He told me that it was illegal to be hunting in one zone (D6), while having a different zone tag (D5) in my possession. Is this true? If I have a legal tag for the zone in which I’m hunting, I can’t see any reason why it would be illegal to have a legal tag with me for another zone. I always keep all of my tags together in my backpack and I’m sure most all hunters do, too. Would you please see if this is a judgment call on the part of the game warden or if there actually is a law that says it’s illegal? (Bill K., Placerville)

Answer: Regulations require only that hunters must have in their possession a current tag valid for the species and the zone in which they are hunting. Possession of another tag issued to the same hunter but valid for another zone or species is not prohibited (CCR Title 14, sections 708, 360 and 361).

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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 CalOutdoors@dfg.ca.gov.