Pete Thomas Outdoors

Legal to cook passengers' fish aboard a sportfishing boat?

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 galley cook aboard a sportfishing vessel out of Channel Islands Harbor. We would like to know if it is legal to cook our passengers’ sport-caught fish for them while they are aboard. We get a lot of requests for this and want to know the legality of doing so. Please let us know so we can avoid any legal issues and provide clarity to our valuable passengers. Thank you. (Stephen C.)

Answer: Yes, galley cooks can prepare a fisherman’s sport-caught fish as long as the fisherman is aboard, the fish fillets meet any size requirements (California Code of Regulations Title14, section 27.65) and the fish is not prepared until ready for immediate consumption (Fish and Game Code, section 2015). According to California Department of Fish and Wildlife (CDFW) Lt. Eric Kord, “It would not be legal for the partyboat to hold a bunch of unidentifiable fillets in the galley fridge or an ice chest even if the plan is to cook them for the passengers. That won’t fly. As soon as the skin patch comes off or the fish gets chunked up, it must go onto a frying pan immediately and not be stored elsewhere.”

All bag limits and boat limits continue to apply even if some people’s fish are consumed. This means that those fish removed from people’s possession for preparation and consumption cannot then be replaced that day. Cooked fish still count toward the fisherman’s bag limit and the overall boat limit. Just because the fish was consumed does not mean passengers can then start fishing again to replace the fish if the boat limit has already been reached. If the bag limit is 10 for a fish, and the passenger catches 10, but eats one, the passenger cannot go take an 11th fish that day to replace the one he ate.

This is just CDFW’s part of the answer. The city/county might have their own take on it since you are probably operating under a business license that might have some restrictions regarding food storage and preparation.

Bottom line … you can cook sport caught fish for your passengers as long as the fish is counted toward the angler’s individual bag limit and the boat’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.


Q: There are many manufacturers that are producing a variety of AR-type centerfire and rimfire rifles for hunting. What are the regulations for using an AR-type rifle, rimfire or centerfire for hunting small and big game here in California? (Xoua X.)

Is it legal to use GPS tracking devices on dogs while hunting?

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 dog is often hard to follow when we’re hiking through heavy cover. Is it legal to use GPS tracking devices on dogs while hunting? (Mark M.)

Answer: GPS collars may be used on dogs only when bird hunting but are prohibited when hunting mammals. Electronic dog retrieval collars employing the use of global positioning system equipment (devices that utilize satellite transmissions) are prohibited on dogs used for the pursuit/take of mammals (California Code of Regulations Title 14, section 265(d)(2)).


Q: I have begun to see fishing lures for sale on eBay that are LED-lighted. Are these legal in California? I fish the Sacramento and Feather rivers. (Donna B.)

A: Yes. There are no prohibitions against using LED-lighted lures in either fresh or salt water.

Q: I am an avid bow hunter and spend most of the archery season stalking deer and bear in the deep canyons, and walking from ridgeline to ridgeline carrying nothing but my bow and my two knives.

However, I have not been able to continue my tradition of solo crosscountry hunting trips recently due to the high numbers of marijuana gardens being found and raided in my hunting zone. I am not sure of the ethnicity of the marijuana farmers, but I have family in south Texas and they have told me stories of the Mexican drug cartels kidnapping people and forcing them to go into the wilderness and farm these big marijuana gardens. These people have strict orders to shoot anyone that may cause a threat to the crop.

After hearing this, I stay a whole lot closer to main roads and out of canyons but am still fearful of being confronted by these guys with guns when I just have my bow and the bear deterrent I carry in bear country. My question is why can’t I, being an American citizen, have a firearm in my possession while bow hunting? Doesn’t the Second Amendment give me the right to bear arms? This was just a question that crossed my mind today as I was deer hunting and I hope you can answer it for me. (Vincent W.)

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)

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 carry shotgun slug ammunition when turkey hunting?

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 wonder if you can settle a bet for me and my friends. They told me when hunting for turkeys, it is illegal to also carry shotgun slug ammunition. I disagree because what if someone wants to carry slugs in case they get the chance that a pig might run by. Please set us straight. (Rob, Paso Robles)

Answer: Sorry, your friends are correct! Only shotgun shells with loose #2 size shot or smaller may be in your possession while hunting for turkeys (California Code of Regulations Title 14, section 311(b)). So, if you are hunting turkeys, you cannot carry a slug because it’s not shot loose in the shell. If you are hunting wild pigs with a shotgun using slugs in the California condor range, the slugs must not contain more than 1 percent lead by weight.


Q: When I was a kid, we used to hunt carp with a spear gun. We’d jump into the creek and get carp up to 21 pounds. It was a lot of fun for a bunch of skinny kids with the fish pulling us all over the pool! Can you please clarify the regulations and let me know if, where, when or even if it is still doable? (Damian L., Modesto)

A: It is only legal to spearfish carp in the Colorado River District, parts of the Valley District, parts of the Kern River and in those areas listed in CCR Title 14, section 2.30. It is only legal to spearfish carp in the areas listed in this section.


Q: I am new to hunting and have a question. I understand that in order to hunt with a handgun, the barrel length needs to be four inches or longer. However, I have a Ruger Super Redhawk Alaskan 454 Casull 2.5 inch barrel. I do not plan to hunt with it, of course, but would like to know if I can carry it as a back up. I do not want to purchase another gun if I already have one. Please help me with my question. (Daniel K., Los Banos)

Why do lobster cards run calendar year rather than by season?

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: Why do lobster report cards run calendar year (Jan. to Dec.) instead of from the beginning of the season to the end (Oct. to March)? It seems it would be less labor-intensive and more accurate to receive landing data once a year rather than twice a year, and you wouldn’t be charging fishermen double to be able to fish the full season. (Jack)

Answer: Lobster report cards run calendar year because they have been linked to fishing licenses, which have always run calendar year. The California Department of Fish and Wildlife is not "charging double" because a report card purchased in early January can be used for the last 2-1/2 months of one lobster season, and the first three months of the next lobster season.

However, your question is timely. The Fish and Game Commission is considering changing lobster report cards to run through the season beginning in October with the 2013-2014 lobster season. This is possible with the recent implementation of the Automated License Data System. Under the proposal, the new deadline for the return of seasonal lobster report cards would be April 30. Anyone who fails to return or is late returning their report card by the deadline will be charged a $20 non-return fee when purchasing a lobster report card for the following season. Details and full language of the regulation change proposal are posted at: www.fgc.ca.gov/regulations/2013/. If you’d like to provide comments to the Fish and Game Commission, the deadline is March 5 and you can do so by e-mail at www.fgc.ca.gov/contact/.

One of the main reasons for the institution of a report card was to determine the number of sport fishermen who target lobster and the number of lobsters that are being taken. Nearly 30,000 lobster report cards were sold each year from 2008-2011, and more than 37,000 cards were sold in 2012. By contrast, there are  about 150 active commercial lobster fishermen. CDFW is mandated by state law to manage the lobster resource, which includes both the commercial and recreational lobster fisheries.

The CDFW is currently developing a Lobster Fishery Management Plan.  Details can be found at www.dfg.ca.gov/marine/lobsterfmp/.

For lobster report card data summaries, visit www.dfg.ca.gov/marine/lobsterfmp/lit.asp.


Q: I work for a Southern California county lake and saw a new rig that is being sold in stores known as the "Alabama Rig." It consists of a set-up where you can clip 3-5 lures onto a swivel-type attachment to make it appear like a school of bait fish. I try to stay current with the state freshwater regulations so I can keep fishermen informed as well. I remember seeing in the current state freshwater regulations that there is a maximum two hook set-up per line. Are these "rigs" legal to use? I would greatly appreciate your answer. (Matt T.)

Has President Obama been skeet shooting? See the photo

To the many cynics who doubted that President Obama has, in fact, been skeet shooting, look at the photograph.

The image was captured last August and shows the president displaying solid form while shooting clay targets at Camp David.

This evidence of Obama shooting a shotgun was released by the White House to silence critics who became cynical after Obama answered during a New Republic interview: "Yes, in fact, up at Camp David, we do skeet shooting all the time."

That comment prompted Rep. Marsha Blackburn (R., Tenn.), to challenge the president to a competition, and to predict victory.

In light of the photograph, NPR states: "Perhaps the next question is one Rep. Blackburn would like to ask: 'How good is he?' "

Photo: Pete Souza/The White House

No gun control for these road crews, which use M60 combat tanks to reduce avalanche threat

A lot of people may not realize that M60 tanks are a very effective means of avalanche control.

Washington state road crews use them to fire live rounds at areas where there is heavy snow accumulation and high avalanche danger.

 

They usually do this between midnight and 6 a.m., out of sight of most people. But last week when conditions became unstable on U.S. 2 near the Stevens Pass summit, they closed the roadway in the afternoon and fired their rounds in broad daylight.

Looks like an effective method and, some might say, a very interesting way to make a living.

--The accompanying footage is via HeraldNet.com. Hat tip to Unofficial Networks

Special hunts available in California for first-time hunters?

In support of the California Department of Fish and Game 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 haven’t hunted for pheasant in years but would like to do so and introduce my daughter to the sport. I’ve heard the Department of Fish and Game holds special pheasant hunts for new apprentice and returning hunters and that these hunts are paid for with funds generated by the upland game bird stamps that licensed hunters buy. Can you please provide me some information on this program regarding dates, locations, requirements and how to apply? (James K., Napa)

Answer: DFG holds many special hunts throughout the state specifically for apprentice (first-time) hunters, juniors (15 years and younger), families, women and those who are mobility-impaired. These include hunts for wild turkey, quail, chuckar, pheasant and wild pigs. Planted pheasant hunts are for apprentice hunters only. Newly certified Hunter Education grads are especially encouraged to apply because they will be given priority one time only over others applying through regular drawings. Newly certified hunters just have to type their Hunter Education cert number into the application and their names are automatically added to the "first hunt" roster. Those names will be drawn first, and based upon their preferences, selected for hunts not yet filled prior to those applying through the regular drawings. All hunts that do not include planted pheasants are for wild bird hunts and are not part of the priority selection with the Hunter Education cert.

Special hunts are offered throughout the year. To view the schedule and apply:

1) Go to the DFG hunting page at www.dfg.ca.gov/Hunting/
2) Click the "Online Application for Special Hunts" link in the top right corner
3) Create an account (quick and easy!) or log into an existing account
4) Click the "View Available Hunts" link at the bottom of the next page.
5) A display of all hunts available around the state will pop up, along with the dates, requirements, contact numbers and information about each hunt.
6) Then select the type of hunt you’re interested in.
7) Applicants will be notified shortly by e-mail of which hunt(s) they were successfully selected for.

If an applicant hasn’t already purchased their license, which is a requirement to apply, it will take 24 hours to be entered into DFG’s licensing system so it can be verified through the drawing application.


Q: I am looking forward to doing some crabbing this year. I have a seven loop crab snare but a bait and tackle shop owner told me it was completely illegal to use. Is this true? If so, why? Also, will I need a fishing license to take crabs? (Jeremy H.)