Pete Thomas Outdoors

Legal to herd and spear fish in shallow saltwater?

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: Over the past few years, I have noticed an increasing number of people attempting to spear corbina while wading in shallow nearshore waters (multiple counties in Southern California). These folks are in the water but not transiting to deeper water. They do not ever swim or float, they are throwing their spears/Hawaiian slings at fish while standing upright upon the bottom. In some cases, they even work in small teams to corral fish by driving them into shallow beach depressions.

I note that the 2013-14 regulations, section 28.90 starts with: “Persons who are floating or swimming in the water may use spearfishing gear and skin or SCUBA diving equipment to take…” So, I guess this question revolves around the definition of the word “swimming” as interpreted by the California Department of Fish and Wildlife (CDFW). Are either of these practices legal? (Anonymous)

Answer: The activities you describe are neither swimming nor floating. This activity is allowed only for the take of skates, rays and sharks (California Code of Regulations Title 14, section 28.95). If they want to spear any other type of fish, they need to be swimming or floating. Corralling the fish with their bodies would be legal if they were swimming or floating.

Q: We were fishing off the Santa Barbara Pier last weekend and kept catching spider crabs. We wanted to keep them but couldn’t find them mentioned in the regulations and so didn’t know if we could take them. What are the limits or regulations are on spider crabs? (Stan M., Modesto)

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.)

Clarifying some of the regulations for abalone 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: I plan to head to the coast to try some abalone diving next weekend but need to clarify a few of the abalone regulations before I make the trip. First, I will take all abalone with a legal ab iron but want to also carry a knife. Would this be a problem?

Second, if my buddy and I want to spearfish and take abs on the same day, can we carry our guns while taking the abs or do we have to make separate trips to and from the car?

Finally, if our abs are separated into individual bags (one for mine and one for his), can both bags be clipped onto a single float tube while we finish spear fishing or would that violate the separate possession regulation? Thanks! (Andrew M.)

Answer: You are allowed to carry a knife while diving for abalone but you may not use a knife in place of an abalone iron for taking abalone. The main reason for this rule is because abalone are hemophiliacs, and even the slightest cut to the foot when attempting to remove them from the rocks may cause them to bleed to death. This is a problem especially for abalone short of the legal size limit that must be released. Abalone irons are designed with rounded corners and wider and thicker bases to prevent injuries.

As far as spear guns, you are allowed to carry one while abalone diving (unlike when diving for spiny lobster where this is not legal). Each person’s abalone must be kept in separate identifiable bags, but the bags can both be clipped to the same tube.


Q: While fishing on a reservoir located on the Cal Poly SLO campus recently, a Cal Poly professor approached us and asked us to leave. This reservoir receives water flow from Lake Santa Margarita where the California Department of Fish and Wildlife stocks the fishery. The reservoir isn’t listed as a regulated fishery with special conditions. I believe it is public land, and licensed California anglers have a right to fish there. The professor disagrees. Who’s right? (Brian H., San Luis Obispo)

Is it legal to hunt animals on shore from a houseboat?

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: On Lake Shasta, I have heard of incidents where an archer shoots at deer on the shoreline adjacent to a beached houseboat. Is this a violation of Fish and Game Code, section 3004 which forbids the discharge of a deadly weapon within 150 yards of an occupied dwelling, residence or building? In addition, people on houseboats often throw out fruit and salad scraps for the deer to eat, so the deer have become conditioned to looking for an easy meal from houseboaters when they beach the boats. The deer wander down close to the houseboats where unscrupulous archers in houseboats or small aluminum boats prowl the shorelines near the houseboats looking for an easy kill. I can’t believe it’s legal to hunt deer from boats like this. What’s the law? Thanks for all you do. (John D., Shasta County)

Answer: Archery hunting from boats on Lake Shasta is a common practice and perfectly legal provided certain rules are followed. The lake is managed by the U.S. Forest Service and no hunting is allowed around boat ramps, marinas or campgrounds. Houseboats are considered dwellings (per FGC, section 3004), so hunting and discharging a firearm or bow within 150 yards is prohibited unless the hunters have specific permission from the boat’s occupants in advance. Hunting from boats is legal as long as when shooting the boat is not moving under the power or influence of a motor or sails (California Code of Regulations Title 14, section 251(a)(1)). Feeding deer and all big game is illegal, and this includes tossing out fruits and salad scraps for the deer (CCR Title 14, section 251.3). I you see any of this activity going on, please call 1-888-DFG–CALTIP to report violations.


Q: Some friends of mine recently sent me photos of their yellow lab "hunting" fish in a stream. They claim the dog can track and then bite the fish right out of the water. The dog then brings the fish (while still flopping) back up the beach to his master, where the fish then get cleaned and cooked. Apparently, this practice is legal back East where my friends live, so now I’m wondering about California. Can dogs be used/trained to “hunt” fish here? Since this is clearly a kind of "take," is it legal? If so, what kind of license/tag would one need? (Thom C.)

Can time-release fish feeders attract bears to a pond?

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 have a question regarding a fish pond at the house we recently purchased in Tahoe. We aren’t up there all the time so I was thinking about tossing in a time-release fish feeder but do not want to attract bears. It would basically be the flake stuff in a compressed block form. The four goldfish occupying the pond seem to do fine for long periods without food and even survived for several months before we bought the house. They must have been eating bugs, algae or whatever. I’d hate for them to have struggled to survive all that time, and then I come along and think I’m doing a good thing by feeding them, and end up attracting bears.

The house is definitely in bear territory and only a block away from forest area. The fish are located in a pond in the front yard. My question is whether or not a bear is able to smell a time-release Tetramin fish feeder. Is this something to worry about? Any information you can provide would be much appreciated! Thanks. (Liz C., Lake Tahoe)

Answer: Regarding bears’ ability to smell and potentially be attracted to your automatic feeder, according to California Department of Fish and Wildlife Black Bear Program Coordinator Marc Kenyon, the answer is yes. Bears can smell fish food and are attracted to it. What’s worse is if they are attracted to the pond by the smell of the feed, then they may decide to snack on your fish in addition to the fish food.

Kenyon recommends feeding your fish with time-release pellets (feeding blocks). He has done this with his aquarium fish while away on vacation or out in the field, and he claims it worked well for him. These pellets are little disks that you toss into the pond, and over time water dissolves the material that holds it together. This process works slowly, and depending on the size of the pellet, it could last for about a month or two. The benefit to this approach is that because they are submerged, they do not put off any odor into the air, and thus bears won’t be attracted to your pond.


Q: An interesting question came up at the fish cleaning station concerning an actual trip. This was sport fishing, not commercial or commercial passenger. There is one boat that holds three people, including the captain. The scenario is the captain goes out ocean fishing with fisherpersons A and B, and returns with full limits of salmon (six). The captain drops off both people and picks up fisherperson C. Can the boat still fish with two rods under the boat limits rule, or are they limited to one rod as the captain has already caught his fish earlier in the day? The consensus at the table was he would be at risk of a violation. (David G.)

How to differentiate between green and white sturgeon?

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 caught a couple of sturgeon recently that were golden around the edges of the fins. I called them "golden sturgeon" but have never heard of sturgeon being this color. They were 40-45 inches in length. Could they just be young white sturgeon, or are they something else? (Dan)

Answer: According to California Department of Fish and Wildlife Sturgeon Monitoring Program Manager Marty Gingras, California has only green and white sturgeon, and those species have never been hybridized. We’ve never seen or received reports of a white sturgeon that looked golden. A "golden sturgeon" is most likely a green sturgeon that appears a bit golden. Please remember that green sturgeon may not be removed from the water and must be released immediately (California Code of Regulations Title 14, section 5.81(b)).

To differentiate between green and white sturgeon, here are a few quick and easy tips:

    •    Dorsal scutes (bony plates) – Greens have 1-2 dorsal scutes trailing the dorsal fin, but on white sturgeon they are absent.
    •    Vent – Greens have the vent between the pelvic fins, but on white sturgeon it’s found toward the tail.
    •    Belly stripe – Present on greens but absent on white sturgeon.
    •    Scutes along the side – Greens have 23-30 scutes while whites have 38-48.

The first three characteristics above are most readily apparent and should help correctly identify the species. Sometimes the bluntness of the snout and location of barbels is mentioned, but these are variable and somewhat subjective.

You mentioned the fish you caught were 40-45 inches in length and you wondered if they were young. Unfortunately, not much is known about green sturgeon, but white sturgeon of that size are usually 10-15 years old, and quite likely have not yet  spawned for the first time.

For more information on sturgeon, please visit www.dfg.ca.gov/fish/Resources/Sturgeon/.

Q: I would like to use luminocks or nocturnal lighted nocks on my hunting arrows to help better recover arrows after the shot. I’ve heard current laws were being amended to allow the use of lighted nocks on arrows for bowhunting. I plan to hunt for bear and deer but want to be sure they are legal in California? (Carl)

Are sea urchins legal to take in California?

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’m a scuba diver living in Southern California and am hoping you can point me to where I can find information on sea urchins – type of license needed, limits if any, is there an open/closed season, type of sea urchins that may be fished, etc? Is there any place they may not be taken? I have never fished for them and do not know the regulations. (Rod P.)

Answer: Yes, sea urchins are legal to take in California with a sport fishing license. The season is open year-round for all species of urchin and the limit is 35 urchins (California Code of Regulations Title 14, section 29.05). These regulations can be found in the Sport Fishing Regulation Booklet, along with listings of the state beaches and Marine Protected Areas in Southern California that are closed to the take of sea urchins. If you still have questions after reviewing the regulation book, please call your local California Department of Fish and Wildlife office.


Q: Why does a second deer tag cost more than a first deer tag? (Rod P., Napa)

A: The reason is because the second tag is a privilege after the purchase of the first tag and so is sold at a higher fee.


Q: Can anglers catch starry flounder in the San Francisco Bay? If so, can we catch them from a kayak or boat near shore? (Paul R.)

Legal to collect live marine organisms for a home aquarium?

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 explicit regulations concerning the collection of live marine organisms for use in a personal marine aquarium? I am interested in collecting octopus. From what I understand, live fish are not to be taken under any circumstances. But it seems that some other organisms are allowed as long as they do not come from a protected area. I am a marine biology student who wants to have a simple native "tide pool type" of aquarium for my own personal delight. I do have a California sport fishing license. (Cristiana A.)

Answer: Octopus may be collected for a home aquarium and transported live under the authority of a sport fishing license as long as they are exclusively for that person’s personal aquarium display. Maintaining live sport-taken octopus in a home aquarium is not considered public "display" and thus does not fall under the provisions of the marine aquaria pet trade (Fish and Game Code, sections 8596-8597). Transporting live "finfish" (as opposed to mollusks and crustaceans) is prohibited (California Code of Regulations Title 14, section 1.62).

Invertebrates collected under the authority of a sport fishing license may not be used to establish breeding colonies for sale or trade with other people. Any trading, selling or possession for sale or trade of these animals constitutes commercial marine aquaria pet trade activity and requires all parties to hold "marine aquaria collectors permits" authorizing this practice. A marine collector’s permit is also required for any animals on display for the public.

People collecting live marine invertebrates for a home aquarium may do so only under the authority of a sport fishing license, and only those species allowed under a sport fishing license may be taken. In addition, any species with sport fishing restrictions (e.g. bag, size, possession, season limits, methods of take, etc.) are still covered under those regulations, and so collectors must also abide by these laws.


Q: When legally fishing with two rods and you are one fish shy of your limit, can you still fish with two rods or do you need to cut back to just one for the final fish to fill your limit? (Neil M.)

Legal to release pet ducks to the wild?

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 have some ducks that I would like to find a good home for but I’m not sure where to start. They have been pets and I don’t want to eat them or risk giving them to someone else who will eat them. I’d like to release them into the wild and am hoping you can advise where I can do this. I’m willing to donate them someplace as long as I know they won’t get eaten. (Mike)

Answer: I understand you are seeking a good home for your pets, but releasing domestic animals into the wild is a bad plan and often has disastrous results. Typically, domestic animals depend on humans for food and are ill-equipped to take care of themselves in the wild. When released to the wild, many end up starving to death or falling prey to any number of predators.

If the animals do survive, they often become a nuisance in their new home and may cause damage because they tend to seek out people for food. Domestic animals also compete for resources with wildlife, and in some cases may breed with their wild counterparts which reduces the genetic fitness of wildlife populations. There is also a real possibility of introducing domestic diseases to wildlife that have no immunity. This may cause die-offs, sometimes quite massive ones. In addition to all of this, it is also against the law. Any person who willfully abandons an animal is guilty of a misdemeanor under California Penal Code, section 597s.

You might try posting a notice at a local farm or agricultural store because many of these stores regularly sell domestic ducklings. You could also search for petting zoos or small city zoos to see if they may be interested in giving them a good home. If that doesn’t work out, try advertising on the Internet. You might also check with local schools and ask friends.

Bottom line … you have a number of options to explore in your quest to find a new home for your feathered friends, but releasing them into the wild should not be one of the them.


Q: I’ve recently been to a few beaches where I’ve found red abalone shells that have washed up on the shore. I’ve collected a few shell fragments and have made jewelry from them. Friends of mine have shown the items to others and now they want me to make them items as well. My questions is … Is it illegal for me to collect red abalone shells and then make jewelry, then sell them to friends, and so forth? I’ve gotten mixed answers from the Web and have tried to navigate your Website. I have seen no definitive answer. If anyone could respond to this it would be great. (Matt R.)

Legal to use a remote-controlled boat for fishing?

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: In the regs it states, "It is unlawful to take or assist in the taking of any fish in or from this state, by computer-assisted remote fishing." However, I have heard that you can use a remote-controlled boat to tow a line and or bait out as long as the bait and hook are connected to a rod and reel and not to the boat. Is there any truth to this? (Toby M.)

Answer: Most of these remote-controlled boats that people talk about are not powered by computers. They are battery powered. Only remote computer-assisted fishing is prohibited. Even though the remote-controls may employ some computer technology, this law does not prohibit their use as long as the person in control is present at the site. Thus, these types of boats are legal to use so long as the angler maintains control of the hook and line via a fishing rod. Remote-controlled boats are most often used to take hook and line out farther or into tight places that the angler cannot reach by regular casting.

Remember that a legal number of hooks must be used, and in inland waters you are limited to either three hooks or three artificial lures with a maximum of three hooks on each lure (California Code of Regulations Title 14, section 2.00).


Q: My dad and I often hunt together. During archery season and squirrel season, I deer hunt with a bow and he always comes along with me. We were wondering if it’s okay for him to hunt squirrels with a .22 rifle while I deer hunt. (William H.)