Question: Is a person who possesses a medical marijuana card legally prohibited from having a hunting license? If so, are there different hunting licenses required by those who archery hunt vs those who hunt with a firearm? (Mario R.)
Answer: According to California Department of Fish and Wildlife (CDFW) Captain Patrick Foy, fish and wildlife laws don’t prohibit a person with a medical marijuana card from obtaining a hunting license. However, the Fish and Game Code (FGC) and common sense prohibit a person from hunting while under the influence (see FGC, section 3001.) There are also regulations relating to use and possession of marijuana on CDFW lands, including those who are in possession for medicinal purposes (see California Code of Regulations Title 14, section 550(x)(2)).
A California hunting license authorizes a person to hunt with any legal method of take. There are a few specific hunts and tags that require a person to use only archery, but the same hunting license is used. All archery hunters are encouraged to take an archery education class in addition to regular hunter education, but it is not required.
Cooking crab on your boat
Question: I occasionally spend three days (and two nights) aboard my boat (fully self-contained) on Tomales Bay. Is it legal to cook all or part of your day’s limit of crabs or fish while on board as long as you keep the top shells or full-length filleted fish carcasses as proof of size and limits? I’ve never cooked fish or crab aboard my boat but I’ve always wondered if it was legal. (Dennis G., Placerville)
Answer: Yes, this is permissible. Basically, each licensed person on your boat may only be in possession of one limit of crabs or fish at any time. And while in possession, the fish or crabs must be in a state where the species and size can be readily determined. Once they have been prepared for immediate consumption, carcasses and carapaces may be discarded. But a person who chooses to consume any portion of their legal limit of crabs or fish taken on that day may not take additional crabs or fish until the next day. Taking additional crabs or fish on the same day would result in an overlimit.
How many lobster hoop nets?
Question: How many hoop nets can a person use at one time? On piers and jetties the rule is one hoop net and one fishing pole or two hoop nets, right? I want to be sure I am complying with California laws. (Anonymous)
Answer: On designated public piers and jetties, you’re allowed to use no more than two appliances at a time. That means: 1) one rod and one hoop net, 2) two fishing rods, or 3) two hoop nets at a time (see CCR Title 14, section 1.88 at page 25 in the 2016-2017 Ocean Sportfishing Regulations booklet for the definition of “public pier”).
When it comes to hoop nets fished from a nonpublic jetty or boat, “Between Point Arguello, Santa Barbara County and the United States-Mexico border, not more than five hoop nets … shall be possessed by a person when taking spiny lobster or crab, not to exceed a total of 10 hoop nets possessed when taking spiny lobster or crab, per vessel. The owner of the hoop net or person who placed the hoop net into the water shall raise the hoop net to the surface and inspect the contents of the hoop net at intervals not to exceed two hours” (CCR Title 14, section 29.80(b)).
Gun concealed in glove box while archery hunting?
Question: As a concealed carry permit holder, is it legal to have my gun stored in my vehicle (glove box) while archery hunting? (Birgit G.)
Answer: The answer to your question depends upon what you are hunting and whether you are hunting from your vehicle. The general rule is that “archers may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery only tag” (CCR Title 14, section 354(h)). Similarly, during archery season a deer hunter cannot legally “carry, nor have under his or her immediate control, any firearm of any kind” (FGC, section 4370). These provisions would allow you to leave your handgun in your vehicle as long as you are not hunting from your vehicle.
As of Nov. 11, 2016, a different rule went into effect when taking resident small game. Regulations now authorize the “lawful possession of a concealed firearm pursuant to a concealed carry permit” when hunting resident small game during any archery season (CCR Title 14, section 311). (187)