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California Outdoors: Wildlife feeders, legal sturgeon in tow, diving and crabbing at the same time, passengers netting fish

Wildlife feeders to attract turkeys before the season?

Question: A buddy of mine has a feeder on his ranch that he loads up with feed to attract turkeys to his property. He intends to hunt them once the season opens.

I told him this was illegal baiting but he said he would pull the feed out before hunting the area.

What do you think? Is this really legal? (Anonymous)

Answer: No. It is illegal to harass any game or nongame bird unless authorized by a regulation or the Fish and Game Code (California Code of Regulations, Title 14, section 251.1).

Under this section, “harass” is defined as an intentional act which disrupts an animal’s normal behavior patterns, which includes, but it is not limited to, breeding, feeding and sheltering.

Consequently, if your friend’s feeder disrupts the normal behavior pattern of the turkeys, it would be a violation of the law to feed the turkeys even if he/she pulls the feeder out before hunting the area.

Also, please note that a person may not take resident game birds, such as turkeys, within 400 yards of any baited area unless an exception in CCR Title 14, section 257.5, has been met.

Legal sturgeon in tow?

Question: While out sturgeon fishing, we noticed a smaller boat with a legal sturgeon in tow. The rope was double hitched and wrapped around the fish just behind the gills.

As ropes and snares are now illegal, where does this technique fall into the rules?  (Bill A.)

Answer: If the "double hitch" you saw was a flexible loop made from any material that can be tightened like a noose around any part of the fish, then what you saw was not legal (CCR Title 14, section  5.80(d) and 5.81(a)).

The no-snare regulation is to reduce harm to sturgeon. Oversized white sturgeon and all green sturgeon may not be removed from the water and shall be released immediately (CCR Title 14, section 5.80(c) and (e) and 5.81(b)).

Legal-sized white sturgeon that anglers choose to release must be released immediately without taking them out of the water.

If the person in possession of the fish you saw had not recorded the fish on a Sturgeon Fishing Report Card, it was also illegal under CCR Title 14, section  5.80(f).

The tagging requirement is to prevent waste of white sturgeon through "high grading" (releasing a smaller fish when a larger one is caught) as well as to enforce the daily and annual bag limits.

If you see something like this again, I recommend calling the 24-hour Californians Turn in Poachers and Polluters (CalTIP) hotline at (888) 334-2258.

Tipsters also can text anonymous information, including photographs, to CalTIP via “tip411” (numerically, 847411).

Wildlife officers can respond directly, resulting in an anonymous two-way conversation. Users must start the text message with the word “Caltip.” Phone number line, type: 847411, message line, type: Caltip (followed by the message/tip).

Diving and crabbing at the same time?

Question: I live in Monterey County and freedive/spearfish in the approved areas frequently. I see crab while I'm down on the bottom and have decided maybe I'd like to try and grab a few.

I've read through the rules and regs and think I have a pretty good idea of what's expected of me. Would it be possible (and legal) for me to purchase a crab trap, place it out before my spearing, then go dive for a few hours and return to collect it once I'm done diving?

It would all be done in one trip and from a kayak. Just a thought. For now I'm just going to get a measuring devise and try my luck by hand.
 
Answer: Yes, if you are north of Point Argulello (Santa Barbara County), you may legally set traps for crabs and have them fishing while you're diving. Then after you have finished diving, you may return to collect crabs from the trap.

You cannot service traps while still diving because while diving for crustaceans, you are restricted to taking crabs only by hand (CCR Title 14, section 29.80(g)). Note that for hoop nets, the limit between setting and pulling is two hours.
 
Passengers netting fish?

Question: Can a person net fish for others without having their own California Sport Fishing License?  (Pete)
 
Answer: Yes, as long as you are referring to using a “landing net” to net another angler’s fish that is unable to use the landing net them self for some obvious reason, then it’s OK.

Assisting someone with the use of a landing net in this way would not require a license, but using other types of nets, such as gill nets, seines, dip nets for catching baitfish in the ocean would require a license.

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 [email protected] .

 

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