California Department of Fish & Wildlife
Marine Management News

NEWS RELEASE


FOR IMMEDIATE RELEASE - February 18, 2014

California Outdoors Q & A: Can a Private Boat Owner Be Cited for a Passenger's Violation?


Question: I have my own boat and take friends out lobster fishing with me. I always make sure each person has their license and report card. I also make sure each person has their own bag and keeps each lobster they catch separate as they catch them. My question is, if the game warden finds a short lobster in one of their bags, am I held responsible as the boat owner or would the owner of that bag be responsible? Also, do boat limits apply when fishing for lobster? (Jerry E.)

Answer: Lobsters may be brought to the surface of the water for measuring, but no undersize lobster may be brought aboard any boat or retained. All undersize lobsters must be released immediately into the water (California Code of Regulations Title 14, Section 29.90).

If the bag or undersized lobster is claimed by any person aboard the boat, that person would most likely be issued a citation for possession of an undersized lobster. If no one claims the lobster, the game warden can issue citations to everyone aboard the boat (joint possession). Or, since the boat is the property of the skipper, the skipper may be the only one cited because the undersized lobster is possessed aboard the skipper's boat. Of course, prevention is the best solution, so if in doubt, set it free.

Sport fishing boat limits apply only to finfish, not lobster. This means that once a lobster fisherman harvests the daily bag limit of seven, he or she may no longer fish for lobster.


Question: Is it legal to use a rod and reel as a retrieval device for a hoop net? For instance, I would connect an 18-inch hoop net to the line of my rod and reel (without hooks) and this would allow me to cast the net in order to better fish for lobsters from a jetty. Is this OK? (Jeff C.)

Answer: Yes, you may use a rod and reel as a retrieval device for your hoop net. You are not required to pull your net by hand, nor are you prohibited from pulling it using a rod and reel.


Question: If I catch legal-sized sturgeons with eggs, can I sell the eggs because I don't eat them? (Byron M.)

Answer: No. It is illegal to sell any portion of a sturgeon or any fish taken under the authority of a sport fishing license (Fish and Game Code, Section 7121).


Question: In the lead-free condor zone, can I carry a pistol that is loaded with lead ammo for self-defense, with the intention of NEVER using it for hunting purposes? The purpose of carrying it is for self-defense only. Of course I'll be carrying lead-free ammo for my rifles, but I want to know about the side arm. Personally, I carry either a Glock 20 in 10mm or a Ruger 44mag. (Brandon C.)

Answer: You may not use or possess lead ammunition in the condor zone while hunting, even if you have no intention of using the lead ammunition to shoot wildlife. For more information on the non-lead requirements in condor country, please visit the CDFW website.


Question: I received a grizzly bear tooth amongst some of my grandfather's possessions after he passed away. My grandfather grew up here in California and was an amateur geologist and never hunted, so I think he either found or purchased the tooth, although I have no proof. I was wondering if it is legal to possess or sell the tooth here in the state of California. I don't want to break any laws. (Laura J.)

Answer: It is legal for you to possess it but you cannot try to sell it. The sale or purchase of any bear part in California is prohibited (FGC, Section 4758 (a)). Even offering it for sale over the Internet is a federal violation that could make you subject to prosecution under the Lacey Act. You may possess the tooth or give it away, but you may not sell it.

Sounds to me like you have an interesting piece of California's history, as grizzly bears are extinct in the state - Enjoy it!


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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