Fish Report for 12-1-2009

California Outdoors Q & A: Fish Bait and Tackle Launcher

12-1-2009
Marine Management News

Contact: Carrie Wilson, Communications Office, CalOutdoors@dfg.ca.gov

California Outdoors Q & A: Fish Bait and Tackle Launcher

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Question: I was just watching a commercial about a guy who invented a "fish bait launcher" that launches your fishing line, tackle and bait out 200-plus yards past the surf. It was invented by a dedicated surf-fisher who became handicapped but refused to give up his favorite sport. It looks a lot like the popular old air cannons that could launch large veggies. This one is just large enough to put some small bait in, and is powered by a 12-volt battery, charger and air compressor. I thought air cannons were made illegal in California, no matter what you use them for. Am I right? (Chris D., Ab diver/fisherman/hunter)

Answer: If the invention meets certain conditions, it may be legal. According to Lt. John Laughlin, if the launcher does not use any rocket-propelled projectiles or projectiles containing any explosive, incendiary material or chemical substances, it is legal. If the propulsion includes an ignition or combustion, it will be in violation of the law. (California Penal Code 12301 [a][6]).

Question: I am a sport fisherman with a boat and will be taking people on a camping trip to Catalina soon. Some of the people want to go lobster hoop netting. I know everyone who's fishing for lobsters needs a lobster card, regardless of age. But what is the rule for people who are just watching and not fishing or assisting in any way? If someone is found to be in violation of the law by fishing or assisting without a lobster card, who is fined? The boat owner or the individual without a card? Thank you for your time and efforts to keep marine life safe. (Jeff)

Answer: Any person fishing for or taking California spiny lobster must have a report card. If they are not assisting, handling the line, pulling the line, baiting the net, shining the light, etc., then they are not fishing or taking spiny lobster and no card is needed.

According to Patrol Lt. Eric Kord, individuals are subject to citation if, upon investigation or observation, they are found to be fishing for or taking spiny lobsters without a lobster card (Section 29.90[d]). The owner of the boat could be cited if lobsters are in possession and no one admits to taking them. In most circumstances, though, the responsible individual is cited for that particular violation.

Question: I found a four-point buck that the local game warden confirmed was a cougar kill. Can I go back in a couple of weeks and get the antlers without getting in trouble? (Angel S.)

Answer: Generally, it's ok to collect shed antlers (antlers dropped naturally each year in the late winter or early spring), but the antlers you are asking about are not sheds and are still attached to a recently killed deer. You may not possess antlers attached to a recently killed deer unless you have taken the deer under the authority of a sport hunting license and the appropriate tag during the deer season. According to Northern California Enforcement Chief Mike Carion, if the animal had been dead a while, the season was over and the meat dried up, it would not be an issue ... but that is not the case here.

Collecting antlers from a recent kill could lead to enforcement issues because the antlers would not be tagged and would likely be attached to a "fresh" skull cap, which is a violation, especially outside of the deer season. If you were to find a deer skeleton (obviously aged) it would be ok to take the bones, including the head with antlers.

Question: I have a question regarding the application to become a fishing guide. I had a hunter trespass citation a long time ago that was honestly unintentional. It was a case of poor mapping and unmarked fence lines. I paid my fine it never went any further. This was many years ago and I have never had any other convictions for any sort of law breaking. Does my single-hunter trespass ticket exclude me from applying for guide status in this state? I am seriously interested in teaching others to care for and respect our outdoor privileges and would love to apply for a guide's license. But I don't want to go through the process and pay all the costs only to be denied at the time my application is reviewed. Thank you for your time. (Doug M.)

Answer: Because your citation was 12 years ago, it was your only citation and you took care of the fines, you should not have a problem getting a guide's license. Applicants are evaluated mostly for recent activity (within five years), or repetitive activity. And for applicants who apply but are denied, any application fees are refunded. .



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12-1-2009
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