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http://californiaoutdoorsqas.comQuestion: If I am using a 20-foot beach net (the type generally used
inland as bait nets) on an inland water (Mission Bay or San Diego Bay,
in particular) to demonstrate to my kids the kind of nearshore sea life
that is around, am I going to get zinged?
Here are the details: I would be using a 20-foot beach net, or a longer
one if possible. It would be operated by hand with me (a license holder)
on one end and my seven-year-old son on the other to crowd whatever sea
life would be in the particular area. We are not targeting any species
in particular. We would not actually take any sea life, but perhaps
would handle them and observe them in a confined area. Would the
regulations be any different for a non-inland area? (Tim D., San Diego)
Answer: I'm glad you asked first before taking that beach net out to
show your kids what you'd catch. Here's why:
California Code of Regulations (CCR) Title 14, section 28.85 states
that beach nets not over 20 feet in length with meshes at least 7/8 of
an inch in length may be used to take surf smelt north of Point
Conception.
That means you cannot use beach nets or throw nets anywhere south of
Point Conception, and this includes San Diego waters. The area you
describe is not considered inland waters, but even if it was, these nets
are not legal in inland waters anywhere. Beach or throw nets can only be
used under the authority of a Scientific Collecting Permit and these are
issued only for bona fide research, education or collection for approved
public display purposes.
Question: I recently purchased a sport fisher that I hope to use
fishing. It has a very good freezer on board and a friend has stored
some yellowtail and yellowfin tuna he caught in Mexico in it. This fish
was processed and packaged for freezing in convenient meal size portions
before he returned from Mexico. Do I need to remove this fish if I am
using the boat for fishing? (Dave N.)
Answer: In California waters, Fish and Game Code (FGC) sections 5508
and 5509 state you may not possess fish on a boat or bring ashore fish
to a California port unless the size and species can be determined.
Returning to California waters or landing in a California port with fish
in the condition you describe would not meet these criteria. Section
1.17 of the CCR provides that bag and possession limits apply whether
your fish are fresh, frozen or otherwise preserved.
Question: Can shells from farm-reared abalone be sold? (Maria M.,
Sacramento)
Answer: Yes. Commercially raised abalone and their shells may be sold
by the abalone farm. Only those abalone shells taken under the authority
of a sport fishing license may not be traded, bartered or sold.
Therefore, a person off the street could not sell them without proper
commercial licensing pursuant to FGC Section 8030.
Question: I'm trying to find information on the possession of parts of
a bear that I found in the woods that appeared to have died of natural
causes. I have looked over the rules and regs and all pertain to the
"killing/hunting" and possession of it thereafter. Nothing addresses the
possession of bear parts in the manner that I have described, when the
bear died of natural causes. Do I need a permit authorizing the
collection of the skull and claws? (Heather M.)
Answer: Under California Fish and Game law the pieces and parts of an
animal are treated the same as the complete animal, live or dead.
Possession of any piece or part of a bear is legal only if it was
acquired as authorized by law. There is no provision in the law for
taking bears that are already dead, but neither is it specifically
prohibited.
According to retired Department of Fish and Game (DFG) Capt. Phil
Nelms, if you are in possession of a bear (including any or all pieces
and parts) and there is any evidence the bear had only recently been
killed or died, it would be probable cause for a game warden to
investigate the circumstances. If evidence exists that the bear was
taken in violation of the law, you would be subject to prosecution.
However, mere possession of dried and/or desiccated bones, teeth, claws,
etc. generally do not raise undue suspicion, especially in the absence
of any other evidence or information suggesting the bear was taken
illegally.
Keep in mind that buying or selling any part of a bear is illegal in
California and violations are prosecuted as felonies.
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Answer: It is legal for you to photograph abalone freedivers while you are using a tank, as long as......
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Question: I have a question regarding access rights to California waterways. I've noticed no trespassing signs posted on many of......