From Sportfishing
Fish Report for 5-15-2009
CDFG California Outdoors Q&As: When gifted fish become overlimits
5-15-2009
Marine Management News
Contact: Carrie Wilson, Communications Office, CalOutdoors@dfg.ca.gov .
www.dfg.ca.gov/QandA/2009/20090514.asp ***
Question: My husband and some friends and I were ice fishing in the
Eastern Sierras the second day of the trout opener and we all caught
some nice fish. As we were leaving the ice to return to our car, one of
our friends who had a long drive ahead didn't want to keep his fish
and offered them to us. We already had our limits but he said, "You
can have two limits in your possession so just say you caught mine
yesterday." We took the fish but didn't feel right about it. Was
this actually okay? (Mark S., Torrance)
Answer: No, not the way you did it. While you both were allowed to
catch a limit of trout on the opening day and another limit on the
second day and then have two limits in possession, by accepting his fish
like you did, you could have been cited. Here's why ...
Your friend was within his rights to gift you his fish, and you were
within your rights to accept them. However, without proof that these
fish were actually taken legally by another licensed angler, any game
warden you might meet in the parking lot or along the way that you
showed your fish to would determine that you and your husband were in
possession of an overlimit.
To avoid a misunderstanding like this, the best way to have handled it
would have been to ask the angler giving you his additional fish to
write you a note clearly stating this. The note should contain the date,
his name, address, telephone number and fishing license number so that
the note and your story could be verified, if necessary. Otherwise, you
would likely be cited for being in possession of too many fish.
(Photo: Ice fishing picture available at
www.dfg.ca.gov/QandA/2009/20090514.asp )
Question: We mainly fish near shore in the North-Central designated
waters, but also fish in the San Francisco Bay and Delta areas. Can you
please let me know when, where and under what circumstances a gaff can
and cannot be used to boat our fish? Thank you. (Mike S.)
Answer: Gaff hooks cannot be used in the landing of any finfish shorter
than their minimum size limit (Section 28.65 [d]). Remember that
you're required to have a landing net aboard when fishing from a boat
or other floating device to assist in landing any fish that may be
smaller than the minimum size limit for that species. These nets must be
on the boat or immediately available and have an opening size of not
less than 18 inches in diameter.
In inland waters you may not use or even possess a gaff while on the
water or within 100 yards of any river, stream, lake or reservoir
(Section 2.09), except under certain conditions on the Sacramento River
(see Section 2.06).
(For the purpose of this section, a gaff hook is defined as any hook
with or without a handle used to assist in landing fish or to take fish
in such a manner that the fish does not take the hook voluntarily in its
mouth.)
Question: I have a few small pieces of scrimshaw elephant ivory that my
Grandfather gave me in 1960, and an ivory piece that is actually
fossilized. Is it legal to sell the pieces in California? (Ted C.,
Redding)
Answer: No, it is a misdemeanor to sell ivory in California (Penal Code
Section 653o). According to Game Warden Patrick Foy, this section also
specifically mentions several other species for which it is unlawful to
sell any part thereof. Crocodiles and alligators were recently added to
the list, but will not take effect until Jan 1, 2010.
This law basically says that it is illegal to import into California
for commercial purposes, or to possess with intent to sell, or to sell
within the state, the dead body, or any part or product thereof, of any
polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope,
wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus
monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin
or porpoise (Delphinidae), Spanish lynx or elephant.
Violating any provision of this section makes the person doing so
guilty of a misdemeanor. Violators are subject to a fine of not less
than $1,000 (up to $5,000), up to six months in jail or both -- for each
violation.
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