California Outdoors for the week of 9/12/2014
Question: A while back I was fly-fishing for steelhead on the Klamath River. While on the river I was approached by a boat of wildlife officers and asked to present my fishing license and steelhead punch card, and to show that my flies were not barbed. All was good and the officers were very friendly and professional.
At the time, I was also carrying a concealed, unloaded pistol (with rounds in the magazine but not the chamber) in my fishing vest (as allowed under California Penal Code, section 25640). I was not asked by the wardens whether I was carrying any firearms, nor did I disclose that I was. I do not have a concealed carry weapon permit, but do carry concealed in accordance with PC 25640.
Here are my questions:
1.Am I required by law to notify the officers that I am carrying a concealed weapon when stopped?
2. If I am required by law to notify an officer of a concealed weapon, is there a preferable way for me to do so (e.g., immediately upon engagement)?
3. If I am not required to notify the warden(s) of my concealed firearm, is it just smart, regardless of the law, to do so anyway?
I have a lot of respect for California Department of Fish and Wildlife officers and appreciate the important work they do. Thank you.
Answer: Although it is not required by law, it is always a good practice to notify any law enforcement officer verbally that you are carrying a firearm. This should be done with your hands visible. Tell the officer where the firearm is located and understand that the officer will likely remove it from you during the contact and return it to you when the contact is over. Never make any movement toward the firearm and never conceal your hands.
Framed abalone shells
Question: I’ve been diving for abalone for years. After I get them home, I clean and polish the whole red abalone shell, and they are absolutely beautiful once the process is done. I like to give them away as gifts to friends, family, neighbors and strangers. I know that I cannot profit from any California game/wildlife. I want to build frames out of old barn wood and driftwood and then put the abalone in the middle of the frame. Instead of a painting of a shell in a frame, it would be an actual shell. My question is whether I can sell the frames for money and then gift the shell to the buyer? If I can do this, how do I do it legally for both parties? Thank you for your time and services in the office and out in the field.
Answer: Great question, but the answer is no. You cannot sell a framed abalone shell even if you say you are only selling the frame and not the attached shell.
“Sell” includes offer or possess for sale, barter, exchange or trade (Fish and Game Code, section 75). According to CDFW Lt. Dennis McKiver, the only way you could sell the frames legally is if, when you are selling the frame, the person buying the frame has no idea that you are offering an abalone shell to go with it. If the person has been made aware that if he buys a frame, you will give him an abalone shell to go with it, then you would be guilty of selling abalone shells.
Ocean bass fishing
Question: I live in Ventura County and do a lot of ocean fishing. I recently saw a fishing program on TV and the captain of the sport boat was throwing an Alabama rig. This rig had five lead head jigs on it and each one had a hook. He was fishing around kelp beds and catching calico bass with the rig. Is that type of rig legal in the ocean and how many hooks can you fish with? I know you can only use two hooks when fishing rockfish, but how many hooks can you use to fish for ocean bass?
Answer: There is currently no limit on the number of hooks that can be used to take kelp (calico) bass. The number of hooks that can be used in the ocean is restricted when rockfish and salmon fishing (see California Code of Regulations Title 14, section 28.65), or when salmon or rockfish are aboard. If you happen to catch a rockfish, greenling, cabezon or lingcod while fishing for calico bass, it would not be legal to keep it. If you already had any of these species on board, it would also not be legal to fish with more than two hooks.
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. Contact her at CalOutdoors@wildlife.ca.gov.
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