Pete Thomas Outdoors

Legal to use harpoons when landing large halibut?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: Pacific halibut have become a sought-after sport fish out of Eureka and Trinidad. I have a question about landing large Pacific halibut, particularly in a relatively small boat. Many people use a type of harpoon with a head that comes off and is tethered to the boat. This prevents the fish from heading down while a rope is run through its gills for hauling it aboard. I was told that harpooning them this way was possibly illegal under rules governing harpooning fish. In this case the fish was caught with normal hook and line. The harpoon is used only to land the fish safely, similar to a gaff but more secure. Is this legal? Are there better methods? I have heard many tales of big halibut doing serious damage to fishermen if they are brought aboard too early and without steps taken to control them. All ideas are welcome. (Tom P., Eureka)

Answer: Harpoons cannot be used to "take" halibut, and landing the fish is an integral part of "take." So just because you get the fish to the surface, it does not mean it has been "taken" until it is landed (secured). Most fish are lost at the surface, so take has not been completed and a harpoon could not be used at this point. Harpoons are only allowed for the actual take of all varieties of skates, rays, and sharks, except white sharks (California Code of Regulations Title 14, section 28.95).


Q: Can rattlesnakes be collected in the wild and kept as pets? I know that no licenses are required to kill them but don’t know if they can be legally kept as pets. (Andrew G., Angels Camp)

A: Yes, but first check with your local animal control agency regarding whether any local laws apply in your area. Under state law, all pit vipers, except for the six California native rattlesnakes listed in CCR, Title 14 section 671(c)(7)(E), are restricted species that may not be possessed without a permit. Keeping live, native rattlesnakes is not prohibited by Fish and Game laws. No license is required to take or kill a rattlesnake in California, but the daily bag and possession limit is two. The take of other species of native reptiles and amphibians requires possession of a sport fishing license. The daily bag and possession limits are provided in CCR, Title 14 section 5.60.


Q: My friends and I are having a discussion about crab fishing regulations. If someone operates a crab fishing charter business in the San Francisco Bay area, they are limited to six crabs per person at a minimum size of 6 inches each. Does this mean that any time they fish regardless of whether it is for hire/charter or for personal reasons (family and friends), they can only take six crabs? Or, if they are fishing as a private boater (e.g. not for hire), can they take 10 crab per person instead? (Gerry)

Legal to scout for abalone while scuba diving?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: Is there any regulation prohibiting a photographer with scuba gear from also scouting out large abalone for a regulation-compliant abalone diver to take? Thanks in advance, and for all you do. (Dave C.)

Answer: The photographer in scuba cannot assist the free diver in any way. The action you describe falls within the definition of "take" under the Fish and Game Code and its regulations (see Fish and Game Code, section 86 and California Code of Regulations Title 14, section 1.80). Both the abalone diver and the photographer with scuba gear may be cited for violating CCR, Title 14 section 29.15(e), which prohibits the use of scuba gear to take abalone.


Q: I noticed in the new ocean sport fishing regulations that ocean whitefish fillets are required to be a minimum length of 6½ inches long and retain the entire skin intact. However, there is no minimum size limit for the whole fish. Why is there a size limit on fillets but not on the whole fish? (Jim Martinez)

What is done with fish and game that is seized by wardens?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: What do the wardens do with the seized abalone, crab, cod, salmon, etc.? You can’t tell me that it gets thrown away! (Austin)

Answer: When unlawfully taken fish or game is seized, it is kept as evidence until the case is settled or until the judge orders it returned. In most cases though, if at all possible and in good condition, seized fish and game is given to the homeless shelters or soup kitchens that allow donations of wild fish and game. Because of inspection requirements, some facilities may not be able to accept these donations. If a suitable facility cannot be found, the evidence is thrown away or destroyed. In some commercial cases involving commercial size loads, the Fish and Game Code allows for this evidence to be sold and the proceeds may be used by the Department.


Q: I would like to do some shrimp fishing but when I read the regulations, they say shrimp traps can’t have an opening larger than a half-inch in diameter in waters south of Point Conception. This makes it impossible to catch any of decent size. Are there different regs for spot prawns which are quite large and could never fit through this size hole? (Jesse Link)

Necessary to stow gear while transiting a marine reserve?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: I would like a definition of "stowed" in regard to fishing gear while transiting a state marine reserve. The reason I ask is that a sport fisherman reported he was stopped by a patrol boat at the Channel Islands and told he could have been cited for having his rods in the rod holders. He was told he should have had them in his small cuddy.

It does not seem reasonable to require my buddies and I "stow" all our rods and reels in my cabin every time we need to make a move across a state marine reserve. Or when we are at an island, we should not be required to drive six miles out, then whatever distance across, and then back in another six miles … at $4 or more a gallon. All of this would be quite a hardship for those of us fishing from private sport boats just to stow our fishing gear when maneuvering around state marine reserves. (Fred H., Anaheim)

Answer: There is no requirement for equipment to be stowed under the Marine Life Protection Act laws covered in section 632 of the California Code of Regulations Title 14. CCR Title 14, section 632(8) covers the law you are referring to as follows:

Transit or Drifting. Vessels shall be allowed to transit through marine protected areas and marine managed areas with catch onboard. Fishing gear shall not be deployed in the water while transiting through a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area.


Q: My Italian grandmother asked my brother and me to bring home some fresh octopus so that she can make her favorite pasta dish. The only problem is we don’t know how to catch them. Can you help us out? (Joe K.)

Legal to practice archery by shooting down a dirt road?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: My neighbor who lives a few houses down from me has a 15-year-old son who shoots his BB gun in his backyard. I used to shoot my bow in my backyard until my dad found out it’s illegal. I am 13 and live in the mountains of Southern California (close to San Bernardino) and am hoping it might be legal to practice my archery by shooting down a dirt road? Can you please let me know ASAP? Thanks. (Ashmanger)

Answer: Generally, Fish and Game Code laws only regulate the use of archery equipment or firearms while hunting. However, the same rules for firearms apply to archery equipment in this situation – you may not shoot over or across a road or within 150 yards of a neighbor’s home, barns or outbuildings, even if just archery target shooting (Fish and Game Code, section 3004). If you are on a private road on private property (off the public roadway), no Fish and Game Code law prohibits target practice with your bow and arrow. Beyond this, different counties and communities may have more restrictive ordinances that they enforce so you should check with your local law enforcement office for this information.

The most important factor to always keep in mind is public safety. Well-traveled roads and highways, or even those occasionally traveled, are not appropriate places to shoot. If you were to injure another person or livestock, or damage property, you could be subject to civil and possibly criminal prosecution. While shooting even just off a road may be legal, it may not be safe.

Q: When fishing for salmon from the bank in the San Francisco Bay with spinning lures, is a single barbless hook ok or does it have to be a barbless circle hook attached to the spinning lure? (Terry D.)

A: Barbless circle hooks are only required when fishing with bait and angling by any means other than trolling. Since you’re not using bait, no circle hooks are required, even though you are not trolling. You must be doing both things – using bait, and fishing in a manner that is not trolling – to be required to use barbless circle hooks. In addition, you should be using no more than two single-point, single-shank barbless hooks with your spinning lure (California Code of Regulations Title 14, section 27.80.)


Q: I have heard that using WD-40 as a fish attractant works well. Is it legal to use? There seems to be much confusion as to what is actually in WD-40. I would also like to know if the sunscreen I put on before entering the water is hazardous to marine life. (Ray I.)

Why do turtles sold as pets have a size limit?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: Is there a size limit on the sale of turtles that are sold as pets? (Robert Bruce, Antioch)

Answer: Yes, federal and state laws require that turtles must have a carapace (shell) length of at least 4 inches to be imported, sold or distributed (California Code of Regulations Title 17, section 2612.1). This restriction was brought into effect under the Public Health Services Act by the Food and Drug Administration 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.)


Q: I frequently fish at the Point Arena pier but am not clear on a specific rule. I know you may only have two hooks on one fishing line, but is it legal to use a Sabiki rig with multiple small hooks to catch bait fish? (Steve Lum)

A: When fishing from Point Arena pier, you can use a fishing rod with multiple hooks as long as you don’t have rockfish, cabezon, greenling or lingcod in your possession. If you happen to catch one of these species while using more than two hooks on your line, you must release the fish.

You are limited to no more than one line and two hooks when fishing for rockfish, cabezon, greenling and lingcod, or if these species are in possession. On a public pier, you can use up to two fishing appliances (rod and reel, hoop net, crab trap, etc.) with no restrictions on the number of hooks (unless you are targeting the species mentioned above or have them in your possession).


Q: Are there any regulations prohibiting someone from giving me a bear skull or claws if legally taken either in California or out of state? No money or goods would be exchanged. Would I need to have proof to show where the parts came from or who gave them to me? (Tom H.)

Restrictions on using remote-controlled aircraft in California wildlife reserves?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: I am a conservation advocate and an avid wildlife photographer. Over the last several years, I have been photographing birds and landscape views of Southern California’s wildlife areas. I am interested in expanding this documentation with video, and in particular aerial video taken from a remote-controlled electric helicopter. While I am very aware of the need to not disturb or harass local wildlife, I am wondering if there are regulations that restrict or prohibit the use of RC-aircraft in or around the perimeter of ecological reserves and conservation areas? (Bill K.)

Answer: There is no general prohibition against using radio-controlled "vehicles" in wildlife areas (California Code of Regulations Title 14, section 550). However, in ecological reserves, prohibitions against: 1) disturbing any bird, mammal, etc.; 2) operating vehicles; and 3) operating any type of aircraft or hovercraft without permission may apply (CCR Title 14, sections 630(a)(1) & (a)(4) and (a)(17)). There is also a provision that prohibits the use of 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 48 hours after any big game hunting season in the same area (CCR Title 14, section 251(a)). In addition, a permit could be required if there are concerns your aircraft will " … herd or drive… or disrupt animal’s normal behavior patterns, which includes, but is not limited to breeding, feeding or sheltering …"

Please contact the Regional Manager for the area you intend to visit for information on the application of these laws. For a list of contact numbers available, please go to www.dfg.ca.gov/regions/.

Q: My husband and I are residents of both Humboldt and Sutter counties. We occasionally dive for abalone in Humboldt where we live. If we don’t consume them right away, we freeze them whole in the shell as the local game warden advised us years ago. I also work for a nonprofit hospice in Sutter County and they are having a fundraiser in May at a private house, where many of our staff will prepare appetizers for 100 guests. I want to prepare abalone appetizers from three abalone that we already have tagged and frozen from last season. The event is being professionally catered for the meal and dessert and so they are selling tickets, but no one is paying for or making money from the abalone I want to cook. The abalone is such a minuscule part of the meal. I just want to make sure I am allowed to bring it to an event like this and I was not able to find anything specific about that in the regulations. Please advise. Thank you. (Amy M., RN)

Legal to bow-hunt for turkeys off the side of a highway?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: While bow-hunting for turkeys last week, I saw a flock of hens and jakes on the side of a highway and I got to wondering if it’s legal to hunt off the side of a highway. I know we can’t shoot across a highway, but exactly how many yards or feet away does a bow-hunter have to be? (Rafael O.)

Answer: It is unlawful to discharge a firearm or release an arrow or crossbow bolt over or across any public road or other established way open to the public in an unsafe and reckless manner (Fish and Game Code, section 3004(b)). Definitions for road and roadway can be found in the California Vehicle Code, sections 527 and 530. In addition, most counties have ordinances setting the distance from a public roadway that one must be to lawfully discharge a firearm. Many counties require 150 feet, but this distance varies and you will have to check with the appropriate county’s sheriff’s department to determine the legal distance. It is always unlawful to negligently discharge a firearm, and the discharge of a firearm from or upon a public road or highway is prohibited (California Penal Code, section 374c).

Q: I recently acquired a hand reel (Cuban yoyo). Are there any restrictions on using one? What part of the Fish and Game Code applies to their usage? (Will E.)

A: Yes, these basic hand-held reels are legal to use. Just add some line, tie on your hook, add bait, drop in your line and you’re fishing. It doesn’t get much easier or less expensive than this method. Standard methods apply, so if you are fishing in inland waters (three hooks with bait or three lures with three hooks each) or fishing in the ocean for rockfish (two hooks), you need to follow the hook restrictions as if you had a rod attached. If you do happen to hook a big fish, just be sure you’ll be able to land it!


Q: Can you please clarify the starry flounder regulations in saltwater vs. freshwater? I know that flounder are included in the rockfish-cabezon-greenling regulations in saltwater, with limits and a definite season. However, when they move upstream (east) of the Carquinez Bridge into inland waters, do the same regulations still apply? Or, may they be taken year-round with no limit as they are not mentioned in the freshwater regulations? (Barbara U.)

Legal to hatch and raise wild turkeys?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: If I want to raise a couple of turkeys from eggs that I believe came from partly or mostly wild stock, would I run afoul of California law? They would not be used for any business purposes and would remain on my property. I would prefer to let them roam around my place, which is quite large and full of native habitat, as opposed to keeping them penned up. There are currently no wild turkeys in my area. (Tucker)

Answer: You cannot take eggs from the wild to raise. Nesting birds are given protection from "harassment" while sitting on and incubating their eggs. In addition, wild turkeys cannot be domestically reared and released for propagation or hunting purposes. Only wild trapped turkeys trapped from the wild by the Department may be released into the wild (California Code of Regulations Title 14, section 671.6(b)).

Q: I have a question about fishing for salmon and groundfish off the coast of San Francisco. I understand that only one rod can be used to fish each type. My question is over whether it’s ok to fish for both types of fish at the same time? By this I mean one rod set up for salmon using the "mooching" style of fishing at around 10 feet of water with frozen bait. The other rod would be set up for groundfish using shrimp flies at the bottom of the ocean floor around 85 ft. Your help is much appreciated. (Jason)

Legal to collect raptors that have been killed by vehicles?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: What are the rules concerning the use of birds of prey, such as owls, which have been killed by vehicles? I have found several in the local area which seemed to be dead along the side of the road but without evidence of damage to the body. My guess based on where they fell is they are "indirect roadkills." If I wanted to save these animals for taxidermy or another use, would I need some kind of documentation? If so, what sort of permit would I need? It would be simple to document the finds I have made photographically at the site, but preserving them for inspection later by California Department of Fish and Wildlife would be harder. Thanks for your help with this. (Ken Z., Visalia)

Answer: Under both state and federal law, it is not legal to collect or possess any species of bird that is protected under the U.S. Migratory Bird Treaty Act. This would include all raptors that have been killed by vehicles. There are permits available, under very specific circumstances that allow scientific or educational facilities to salvage these birds. Organizations that believe they may qualify for these permits would be required to obtain both a federal Salvage Permit and state Scientific Collecting Permit. More information on these permits can be found at www.dfg.ca.gov/wildlife/nongame/research_permit/ and www.fws.gov/forms/3-200-10a.pdf.


Q: I have a California sport fishing license but did not pay for the second rod stamp. When I am out ocean fishing on my boat, am I only allowed one rod? I thought since it was the ocean I can have two rods out, even if I did not pay for a second rod stamp. (Anonymous)

A: The second rod stamp is only required when fishing in freshwater with two poles. In the ocean, any number of poles and lines generally can be used, with some exceptions. For example, fishing for lingcod, rockfish, greenlings or cabezon is limited to one line with no more than two hooks. Also, when fishing in San Francisco Bay or when fishing for salmon north of Pt. Conception, only one rod/line may be used per person.

Other exceptions exist, such as when pier fishing – only two methods may be used. There are only a few exceptions like these, but I’d recommend reviewing the Gear Restrictions section of the Ocean Sport Fishing Regulations booklet and any regulations for the species you’re pursuing to ensure you’re following the law.


Q: I am interested in collecting some moon jellyfish just for my personal use but want to be sure it’s legal. They would not be sold or traded. If legal, can I collect them under a basic fishing license or would I be required to have a marine collector’s permit? (Tucker M.)