California Department of Fish & Wildlife
Marine Management News


News Release

FOR IMMEDIATE RELEASE - January 17, 2014


California Outdoors Q & A: Catching Lobster on a Hook?


Question: While fishing off the jetty the other day, I caught a large lobster on a baited hook but released it because I think I remember reading that spiny lobsters could not be taken on hook and line. Where can I find this in the regulations? (Gary K.)

Answer: You did the right thing in releasing the lobster, as the only legal methods of take for lobsters are by baited hoop net or by hand. Baited hoop nets are the only appliance that may be used for people fishing from a boat, pier, jetty or shore. Skin and scuba divers may only take crustaceans by hand and may not possess any hooked device while diving or attempting to dive for lobsters (CCR Title 14, Section 29.05.) In addition, spiny lobster report cards are required by everyone fishing for and/or taking lobsters. Be sure to get your annual lobster report card returned to CDFW by January 31! The new Full Season Lobster Report Cards are not due until April 30 following the close of the lobster season.


Question: What if four people got together and all paid the boat fare so that one person in the group could take a long range fishing trip? Three of the people are not anglers. After the trip, all of the fish caught by the one angler would then be split evenly between the four people. Would this be alright or somehow considered selling of fish? (Doug S., Montebello)


Answer: Fish caught under the authority of a sport fishing license may not be bought, sold, traded or bartered (Fish and Game Code, Section 7121). This means if these people all helped pay the fare for another person to take a fishing trip with the expectation of receiving some of the fish caught back in return, that would be illegal. Anglers who lawfully catch fish may always give fish away to whomever they wish, but it is not legal for non-anglers to pay for another person's trip with the understanding or expectation of receiving fish in return for that money.


Question: While fishing, besides carrying the appropriate license, do I also need to have photo identification in possession or can I leave it in my vehicle? (Gino A.)

Answer: You will need to verify that you are the person holding the fishing or hunting license. Though photo identification is not mandated by law, being able to identify yourself properly is. If you cannot appropriately identify who you are, you may see yourself in an extended contact with the game warden. If you're getting cited for something, the game warden may have to take you to jail until you can be properly identified. The bottom line is even though the law doesn't state you must have photo identification in possession, it would benefit you greatly to carry photo identification, so you may properly identify who you are to the game warden. One exception, commercial fishermen do have to carry photo identification.


Question: Is it legal to fish for both lobsters and crab at the same time using hoop nets for the lobster and a crab pot for the crabs? My concern is that when we return to harbor, a game warden may question which method was used to take which species. The crab pot is a Northern California type that is "soaked" for days and has escape ports. The hoop net is a basic hoop net. (Joel S.)

Answer: You may fish for lobsters and crabs at the same time but only with hoop nets or by hand. Crab traps are legal to use in the north but are illegal for sport fishermen to use south of Point Arguello (California Code Regulations Title 14, Section 29.80(e)). While most lobsters occur in Southern California below Point Arguello, for any that do occur north of this point, crab traps may not be used.


Question: I live in an apartment complex that sits on a slough in the San Francisco Bay area. Do I need a fishing license to fish off of the shore while standing on the apartment property with my child, who is under 16? (Dan S.)

Answer: Yes, you will need a license but your child will not. Anyone 16 years or older must possess a valid California fishing license in order to legally fish the public waters of the state. The only exceptions are the two free fishing days offered each year by the state, and fishing from a public pier in ocean waters.


Question: Is the practice of "gifting" still legal? With larger possession limits for waterfowl this year, does the "gifting" limit increase as well? Does gifting apply to mammals and upland game as well as waterfowl? Do you know the specific regulation number? (James S., Oakley)

Answer: Yes, gifting fish and game is legal. There is no "gifting limit." Instead, the amount of game that can be gifted is determined by the possession limit for that species. There are two primary fish and wildlife laws that relate to this practice: Fish and Game Code, Section 2001, which applies to all wildlife, and FGC, Section 3080, which only applies to game birds and game mammals. Waterfowl possession limits can be found in the CCR Title 14, Section 502. Details of these regulation sections can be found online.


Carrie Wilson is a marine biologist with the California Department of Fish and Wildlife. She cannot personally answer everyone's questions but will select a few to answer in this column each week. Contact her at [email protected].


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