Wanted to share my positive interaction with the CDFW online

I often like to bass fish in and around Los Gatos creek and noticed there were 2 conflicting regulations for that creek, so I submitted a message to let the CDFW know about the conflict in regulations.  I was surprised how quickly they responded back with the following message and immediately updated the regulations for 2024 that are live on the CDFW website.  I felt like sharing this positive experience with the department because of how quick they sorted out the issue.

Good afternoon ---,

This is in response to your concern about the regulations in Title 14 7.50(b)(81) and 7.40(b)(47). As you correctly pointed out, the two regulations as written did conflict. Fortunately, staff has been working to address this issue, and updates to the regulations effective 1/1/24 have addressed this issue.

This regulation change amends Section 7.50(b)(81) to the following – “Los Gatos Creek (Santa Clara Co.) upstream of Vasona Lake dam including Lexington Reservoir and all tributaries.” This regulation change replaces “Camden drop” with “Vasona Lake Dam.”

This map highlights the change in regulations. Please disregard the word “proposed” as these changes have been approved and are now considered in effect.

I think barely anyone follows the barbless artificial only rule here (last summer I got a video of someone spearfishing in the creek lol) and especially not in Lake Vasona, so I also asked about adding signage and they responded saying they have passed on the comment to the relevant parties.

Lexington is artificial only and barbless hooks? I live just up the hill and I had no idea. I also would never have imagined that upstream of Vasona dam would be considered "trout waters with special regulations", so I'd have never have looked at that part of the regulation book when fishing there...

Funny enough I thought the same thing and was only looking to get a clarification on the one section of the creek as it holds some good sized bass and carp.  Here is my follow up message I sent on the topic and their exact response:

Hi ---,

Thanks so much for looking into this!  I was wondering as a clarification it looks like the map includes Lake Vasona in the barbless artificial lure only regulation zone.  I know this lake is frequently fished in by children and adults alike going for bass and carp, I don't think I've personally ever heard of anyone catching a trout here, but I do know the water sometimes can hold juvenile rainbow trout.

My question here is: Is the intent to make Lake Vasona require barbless hooks and artificials only? because at the moment there is no signage to explain this at the lake and each time I visit I see many people targeting bass using barbed hooks and live worms.

I suppose I also have the same question about Lake Lexington, as in the past I've seen many folks fishing for spotted bass without knowing about any barbless restrictions and as far as I know there is no signage.

Thanks again,
Brad

Response:

Hi, thank you for your follow up questions.

Yes, the regulations do specify that only artificial lures with barbless hooks may be used in that specified area, which does include both Vasona Lake and Lexington Reservoir. This gear restriction also applies to the area downstream of Lake Vasona Dam, though that area differs in season and in bag limits.

When this subject was presented to the Fish and Game Commission, the rulemaking body for wildlife regulation in California, the following was presented as justification:

Subsection 7.50(b)(81), Los Gatos Creek. o Sections 7.50(b)(81) and 7.40(b)(47) currently conflict. Camden Avenue drop is downstream of Vasona Lake meaning there is an overlap of the trout and steelhead regulations in 2.13 miles of Los Gatos Creek downstream of Vasona Lake. The intent was to protect anadromous fish below barriers and allow for different regulations above barriers where resident trout are present.

Although there is a significant fish barrier at Camden drop structure, steelhead have been observed upstream of the structure in very wet years. The Vasona Lake dam is a complete barrier to anadromy. The regulations should clearly define consistent boundaries and protect our Federally ESA threatened population of Central California Coast steelhead (Oncorhynchus mykiss).

This proposed regulation change would amend Section 7.50(b)(81) to the following – Los Gatos Creek (Santa Clara Co.) upstream of Vasona Lake dam including Lexington Reservoir and all tributaries. This regulation change would be replacing “Camden drop” with “Vasona Lake Dam.”

That information can be found here: https://fgc.ca.gov/Regulations/2023-New-and-Proposed#7.40

If you have further questions about the reasoning for the gear restriction, let me know and I will reach out to someone with more expertise on the topic.

I appreciate your observations about the lack of signage and will pass your concerns on to the appropriate channels. The regulations including the boundary change are up to date in our latest 2024 Freshwater Sport Fishing Regulations Booklet found here: https://wildlife.ca.gov/Fishing/Inland .

Additionally, I would like to ensure you are aware that any member of the public is free to petition the Fish and Game Commission to make regulation changes if you believe they are warranted. You can find the relevant information here: https://fgc.ca.gov/Regulations/Petition-for-Regulation-Change

Please feel free to reach out again with any more questions or concerns. We strive to ensure regulations are both sensible and easy to understand.

I was hoping that the section after upstream of the Camden drop-off would be open year round because I cannot see it ever being possible for a steelhead to get past the 3 large drop-offs.  I'm going to try to see what comes of submitting a regulation change request with some photos of each drop-off, but I'm also fine if it stays only open during the trout season if they do in fact see steelhead getting past these drops.

Yes, it is indeed hard to imagine steelhead (or anything else) getting past those barriers. But, even if that's possible, why the restrictions above Vasona dam? That doesn't make any sense at all to me.

I'd bet that way less than 1 in 10 fisherpeople at Lexington are barbless, and I'd guess about half are fishing bait. I don't usually pay much attention at Vasona, but I'm sure the percentage of people violating the rules is even higher there.

As an aside, I also see people fishing in Almaden Lake (just today, there were half-a-dozen people fishing there). But that ought to be off limits, since its part of Alamitos Creek, although the regulations seem unclear wrt the lake itself...

Good to hear.
Thanks

I was hoping that the section after upstream of the Camden drop-off would be open year round because I cannot see it ever being possible for a steelhead to get past the 3 large drop-offs.  I'm going to try to see what comes of submitting a regulation change request with some photos of each drop-off, but I'm also fine if it stays only open during the trout season if they do in fact see steelhead getting past these drops.

Just curious if anything ever happened on this.

Just tangentially related, but a couple days ago, I was walking on the dam at Lexington Reservoir, and I saw a guy getting ready to fish, but it looked like he was heading for Los Gatos Creek down below the dam. He said that he was targeting trout, and I think I've seen that guy fishing in that area many times, so I'm guessing that he actually catches something once in a while...

I’ve heard the stream below Lexington is good trout water.
As a kid in the ‘70s, some bluegills and small bass made it to my backyard fish pond from Vasona. I had em well-trained to jump for swatted flies out of my fingers. One night a raccoon took advantage of that tameness and left them headless on the edges of my small pond. The horror!