California Outdoors Q & A: Cherry Picking Crabs and Hunting the Wildlife Refuges vs Private Property Question: Recreational Dungeness crab fisherman often seem to hold onto crab in excess of their limit while they are still crabbing, then they cherry pick the best ones and throw back the extras after pulling all their pots. Is this legal? Say for example I'm fishing alone and drop three pots. When I retrieve the pots, the first one contains 10 crab, and I put them all in my fish box. The second pot also has 10 crab and I also put them all in the box. I pull the last pot, then sort through all the crab and throw back all but the biggest 10 before heading into the harbor. This is how I would prefer to fish, but I think it would be illegal since I should never have more than my limit (10 crab per person) aboard. (Jesse)

Answer: What you describe is high-grading and is absolutely illegal. Every crab over the limit that is in the fisherman's possession, even if just for a short time, could get them cited for possession of an over-limit. Once a limit is in possession, all other crabs must be immediately returned to the water. If the fisherman keeps 10 legal-sized crabs from his first pot, all other crabs in any subsequent pots must be released.

Question: I own my boat and have it licensed as a six pack commercial passenger fishing vessel (CPFV). I know that when Dungeness crab fishing, passengers fishing on a CPFV can only take six crabs that must measure six inches minimum. My question is regarding trips that I make with friends and family and no paying passengers. If it's not a commercial trip, can we all take 10 crabs per person measuring a minimum size limit of 5  ? inches like all other recreational crabbers? Would I need to mark my traps with different buoys from those that I use when taking paying passengers out? (Chuck H., Monterey)

Answer: Your boat is still a CPFV even when there are no paying customers aboard. Therefore, since the regulation states six crabs for a commercial passenger vessel, you and your passengers may still take only six crabs per person.

Question: The new license paper is obviously very durable, but it seems to be light sensitive, too. How careful do I need to be to prevent it from changing color and going dark?

Answer: The new ALDS license is both tear-resistant and completely waterproof. This paper has undergone extensive testing and has been in use since May 2009 for online license purchases.

Regarding the sensitivity to light, the paper will:
- Darken if exposed to extreme heat, such as on a dashboard for weeks at a time. However, a darker license is still usable as long as the text and signature is still readable.
- Darken if exposed to temperatures greater than 200 ? F. If this occurs, the license must be replaced. Customers can purchase a duplicate license from any license agent or DFG office.
Licenses should never be heat-laminated as this will destroy the license. This was also the case for the previous license paper.

Question: Is it true that the new fishing license gift vouchers require the recipient to return to the exact store where the voucher was purchased and present all of their personal information in order to trade the voucher for a legal license?

Answer: Gift vouchers can be redeemed for an annual resident sport fishing license at any license agent location. While gift vouchers are non-refundable, they are transferable since they have no customer attached to them until redeemed.

Question: Is it legal to sell unused ammo at a garage sale or flea market? I have ammo that was given to me and I don't own the guns that fire them. They are still in the box and some still have the price tags. I know there is value to somebody who owns these guns. (David S.)

Answer: There are no Fish and Game laws regarding selling ammunition. However, there are some restrictions in the California Penal Code on who can purchase ammunition, and some local governments have restrictions on what items can/can't be sold at garage sales. Our best advice is to contact the Department of Justice, Bureau of Firearms or your local police or sheriff's offices before offering it for sale. The policies may differ from city to city and/or county to county.

Question: Some friends and I are all predator hunters and are confused by the regulations regarding hunting with electronic callers when it pertains to gray fox. Is it legal to shoot a gray fox that responds while I am using an electronic caller? Many hunters believe the code section dealing with electronic callers and non-game animals also pertains to gray fox. I've tried to convince them it only applies to non-game animals, not furbearers. (Jim R.)

Answer: It is not legal to take gray fox that respond to electronic callers because gray fox are considered furbearing mammals (e.g., pine marten, fisher, mink, river otter, gray fox, red fox, kit fox, raccoon, beaver, badger and muskrat as per Fish and Game Code, Section 4000), not non-game species. FGC, Section 3012 states, "It is unlawful to use any recorded or electrically amplified bird or mammal calls or sounds, or recorded or electrically amplified imitations of bird or mammal calls or sounds, to assist in taking any bird or mammal, except non-game birds and non-game mammals as permitted by regulations of the commission." Similar to the section above, a California Code of Regulations section restricting the use of electronically amplified equipment states: "Recorded or electrically amplified bird or mammal calls or sounds or recorded or electrically amplified imitations of bird or mammal calls or sounds may not be used to take any non-game bird or non-game mammal except coyotes, bobcats, American crows and starlings(CCR Title 14, Section 475(b))". This CCR regulation does not apply to your situation, though, because its prohibitions are specific to non-game birds and mammals. Since gray fox are considered furbearing animals, FGC Code, Section 3012 applies and prohibits the take of gray fox with electronic callers.

Question: I have some questions about waterfowl hunting. The waterfowl hunting regs book refers to different wildlife areas and refuges as Type A, B or C Areas. What is this referring to? I know that hunting is only allowed on designated days in the state and federal wildlife refuges and areas, but what about hunting on private land? Can you hunt on any day you choose? (Tim H.)

Answer: According to Department of Fish and Game (DFG) Yolo Bypass Wildlife Area Manager Dave Feliz, DFG Wildlife Areas are classified as Type A, B, or C Areas based on the level of staffing and the public use demand. Type A and B areas are staffed and often defined by the presence of wetland habitats. Type A areas are intensely managed, with extensive vegetation manipulation and water management. Public use is typically very high and carefully managed by the Department. We often staff a hunter check station at these facilities, and physically check all hunters in. All game taken is identified and tabulated. There is a fee to hunt on Type A Wildlife Areas which can be paid daily or the hunter can purchase a Type A annual pass. There is also a fee to hunt on Type B Wildlife Areas. These facilities often do not have a staffed hunter check station. Fees are satisfied with either a Type A or Type B season pass. Hunters will not be able to purchase a daily pass at a Type B hunting area. Type C areas are often unstaffed lands and contain extensive upland habitats. Access is usually on a self-serve basis and no fee is required. Wildlife Areas typically hunt Wednesdays, Saturdays and Sundays during the waterfowl season. It is thought that giving the birds a couple of days off from being hunted allows them to rest or move about freely and feed undisturbed. In effect, the entire Wildlife Area functions as a closed zone and attracts more birds for the next round of hunting. Private wetland owners often respect these traditional hunt days but are under no obligation to do so.

Question: Is it legal while hunting big game to have a spotter guide a hunter to the animals using cell phones or radios? (Frank H.)

Answer: While it's illegal in some states, it's not in California. In states where it is banned, it is because they believe using radios and/or cell phones while big game hunting is not an ethical method of stalking and hunting wildlife. Currently, California has no such law and so radios and cell phones are legal.

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].