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http://californiaoutdoorsqas.comQuestion: Are there any rules on the numbers of fishing rods someone
can use for ocean fishing? I had a bad experience recently with an
Orange County sheriff who saw me on the Newport Beach jetty fishing with
several poles. He told me I was allowed only two poles. I told him I'd
seen a sign posted at a nearby pier that said, "Maximum limit three
active poles." The officer said the pier was not following the Fish and
Game rules. I told him I thought what applies there also applies here in
Newport since Fish and Game rules apply statewide. I presume sheriffs
can't represent Fish and Game regarding fishing rules and should instead
be catching fugitives, bad guys and drug traffickers and not bothering
fishermen! I didn't want to argue with an officer with a gun, especially
a sheriff who doesn't know the rules, but I felt the officer was
harassing me. (Dandy L., San Bernardino)
Answer: Sheriffs deputies do enforce Department of Fish and Game (DFG)
regulations when they see violations, and in this case, the deputy was
correct. When fishing in the ocean from a public pier or jetty, DFG
regulations allow for only two rods and lines, two hand lines, or two
crab nets, crab traps or other appliances for taking crabs (California
Code of Regulations Title 14, Section 1.88 specifically describes a
jetty as a structure that is connected to land ... and whose purpose is to
form the most seaward protective boundary of an ocean harbor ...). If the
sign on the nearby pier indicated a three-pole maximum, then it was not
a sign that was posted or authorized by the state. City regulations can
be more restrictive than state DFG regulations, but not less
restrictive.
Question: A pond on our private duck hunting property was accidentally
drained in the last year but has now refilled. Can we have DFG replant
it with fish? (Fishingdude)
Answer: DFG will only plant fish in public waters that are open and
available to the public to enjoy. If this is a private pond, you will
need to get a private stocking permit from DFG and then buy fish from a
commercial fish farm, which may also stock them for you.
Question: I've heard that you need to be a certain distance from
highways and roads when hunting. How far away from the roadway do you
need to be before shooting?
Answer: Neither the Fish and Game Code nor the California Penal Code
states a specific distance that hunters or shooters need to be from
roads. Penal Code Section 374(c) most closely addresses this issue as it
states, "Every person who shoots any firearm from or upon a public road
or highway is guilty of a misdemeanor."
In essence, this section makes it unlawful to discharge a gun from the
highway surface. "Highway" as defined in the California Vehicle Code is
a road that is "publicly maintained and open to the use of the public
for purposes of vehicular travel." Bear in mind, however, that local
(e.g. county) ordinances may prohibit the discharge of firearms in
certain areas or within certain distances of roads, and in general, most
cities do not allow shooting within the city limits. You should check
with your county sheriffs office, too.
Certainly the most important factor, regardless of the law, is public
safety. Well- traveled roads and highways are not appropriate places to
shoot. If you were to injure another person or livestock, or damage
property, you would undoubtedly be subject to civil and possibly
criminal prosecution. While shooting just one inch away from a road may
be legal, it may not be safe.
Question: I recently moved to California from Michigan and am wondering
if I will be required to take another hunter safety class to be able to
hunt here? Also, during archery season, are you able to hunt from a tree
stand or an elevated platform? (Noah S.)
Answer:California has no restrictions against using tree stands. And
no, you will not need to take another hunter safety course as long as
you can show proof that you have passed a hunter safety class in
Michigan. If you cannot produce a certificate or proof, you will need to
complete another course to get your hunting license. Information
regarding Hunter Education courses in your area is available online at
www.dfg.ca.gov/huntered/index.aspx.
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Answer: Unfortunately, even if your fish is undersized and going to die anyway, you must still return that fish immediately.......