How to Measure Abalone Correctly to Avoid a Ticket?

Abalone must be measured with a fixed-caliper measuring gauge capable of accurately measuring seven inches (CDFW staff photo)

Abalone must be measured with a fixed-caliper measuring gauge capable of accurately measuring seven inches (CDFW staff photo)

Question: I know a guy who was abalone diving off his kayak recently and took three nice abalone that all measured around nine inches. He was diving for the big abs and so was using a 9-inch gauge, but had his required 7-inch gauge in his goody bag on the kayak. When he finished up and got back to the beach with his tagged abalone and his gauges in his goody bag, there was a wildlife officer waiting there who had been watching him and wrote him a ticket for using a 9-inch gauge instead of a 7-inch gauge. Why did he get a ticket? (Tim S.)

Answer: Abalone divers are required to “… carry a fixed-caliper measuring gauge capable of accurately measuring seven inches” (California Code of Regulations Title 14, section 29.15[f]) and are required to retain any legal-sized abalone they detach and add them to their bag (CCR Title 14, section 29.15[d].) It is fine to use a gauge larger than the required 7-inch gauge to measure over-sized abalone when trophy hunting. The problem occurs when a diver detaches and brings an abalone to the surface, measures it with only a 9-inch gauge, and then rejects it for being smaller than their personal target size even though the abalone may still be of the minimum legal size (seven inches or larger). This practice puts the diver in violation of the above sections and this practice is considered “high-grading.”

To avoid this kind of ticket, divers should not return any abalone before first measuring with a 7-inch gauge to be sure they are smaller than legal size. A 7-inch gauge should be in the immediate vicinity of where the diver surfaces (in hand, float tube or kayak) so that the abalone can be readily measured, and if they then turn out to be short, the diver can then return it to the same location where originally taken. The violation occurs when divers detach and then reject legal-sized abalone because they are seeking only the oversized ones.


Disabled wheelchair-bound hunters?
Question: My dad used to hunt ducks with me every weekend. The last few seasons he had to miss due to becoming disabled and wheelchair-bound. Recently he has talked about hunting the refuges with me this coming season, and has bought an electronic chair. My question is will the electronic chair be allowed onto free roam Type A/B or on Type C areas? Or will it be considered an ATV (which it is not)? He would only be able to do levees or gravel roads. Thanks. (James)

Answer: Many of our wildlife refuges have disabled hunter blinds that would allow your father and one able-bodied hunter to still enjoy waterfowl hunting and accommodate his need for an electronic chair or regular wheelchair. But while he would probably be allowed to free-roam hunt, most refuges with their levees and gravel roads may not be easy to get around in via a wheelchair. ATVs are prohibited. It might be best to call ahead to the refuge where you’d like to hunt to inquire about the conditions available.


Hunting with an arrow rifle?
Question: I have an arrow rifle that’s powered by CO2 high pressured gas that I’ve had for the last 15 years. It’s not a crossbow. I’ve heard it was made for SWAT teams, but I’m not sure. I just think it would be cool to hunt with it but didn’t see anything in your regulations about it. What do you think? Would it be legal? (Wes H.)

Answer: No. The weapon you describe would not be legal for taking fish or wildlife in California.


Bringing black bear claws in from out of state
Question: I recently purchased black bear claws from a licensed store/vendor in Idaho and would like to know if it is legal to bring them back into California. (Anonymous)

Answer: If you buy them legally in another state and have documentation to prove it, you can legally bring them back here so long as you declare their entry into California (Fish and Game Code, section 2353. Assuming they are from a black bear, you cannot sell them once in California though. Even if you decide to later sell them and plan to do so over the Internet … don’t! You could then be charged with a hefty federal Lacey Act violation. Buying or selling black bear parts within California is strictly forbidden, even if the bear was taken out of state.

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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. Please contact her at CalOutdoors@wildlife.ca.gov.

Dropping Dungeness Crab Traps Before the Opener?

Dungeness crabs (CDFW photo by Christy Juhasz)

Dungeness crabs (CDFW photo by Christy Juhasz)

Question: Is it legal to drop Dungeness crab gear prior to opening day? I’ve heard it’s legal to drop gear the day or night before opening day to let it soak overnight. I looked in the Ocean Sport Fishing Regulations booklet but couldn’t find anything indicating whether this is legal or not. If it is legal, how long before opening day can it be dropped? And how early can it be retrieved? (Fred S.)

Answer: Dungeness crab gear may not be set prior to the recreational fishing season opening date, which this year is Saturday, Nov. 1 at 12:01 a.m. (see California Code of Regulations, Title 14, section 29.85(a) and the definition of take in Fish and Game Code section 86.) Anyone setting gear prior to this date and time may be cited for attempting to take crab out of season.


Electronic spinning decoys for doves
Question: I have contacted you before and you have always been very helpful on hunting and fishing questions. This time I have one regarding dove hunting as a friend of mine wants to purchase a battery-powered spinning decoy for dove hunting for the next dove opener. Is it legal to use that type of a powered decoy for doves? They don’t seem to be the smartest of birds and may be too easily attracted to that decoy. Thanks for your help. (Joe A., Antioch)

Answer: There are NO prohibitions on electronic spinning decoys for dove hunting. The prohibitions for electronic vs wind-driven decoys are only for waterfowl from the beginning of the waterfowl season through Nov. 30.

So, tell your buddy he has the thumbs-up to go out and buy a battery-powered spinning decoy to use for dove hunting. Eurasian collared-doves are now open all year with no limits. The season for mourning, white-winged, spotted and ringed turtle doves reopens Nov. 8 and runs through Dec. 22.


Kite fishing?
Question: I live in the San Francisco Bay/Delta region and was wondering if there are any Fish and Game restrictions regarding “kite fishing.” We would like to use these specially modified kites to help us get our lines out farther than the distance we could normally cast them. Outside of local ordinances regarding powerlines and second rod licensing, is there anything that would prevent me from using a kite to get my line further away from the shore into deeper water? (Neil N.)

Answer: There are no specific regulations prohibiting the use of a kite or other windborne device (a helium-filled balloon, for example) to help you to get your line out to where the fish are.

Littering is a concern, however. Anglers have been cited for using a balloon and then releasing the balloon when a fish is hooked, or when the line reaches the desired distance from shore.

As long as you are not releasing (or losing) your kite in the process, there is nothing in Fish and Game regulations that would prevent you from using a kite in this manner. There may be local (city or county) ordinances that pertain to this, however, so please check with local authorities.”


Shotgun hunting for upland game during archery-only deer season?
Question: I have located a number of good band-tailed pigeon roosts in a remote area where I hunt with my A31 late season archery tag. It’s so remote that this year I plan to backpack in and camp in the area. If a friend wants to come with me who does not bow hunt but wants to take their shotgun to take a band-tailed pigeon, would I be allowed to use their shotgun to take band-tail if I left my A31 tag and bow back at camp for a morning? I feel confident this would be legal if we were “car camping” but I am not sure how this would be viewed legally as I will still technically be “in the field” on an archery hunt. (Stephen M.)

Answer: This would be fine once the season for band-tailed pigeons reopens unless you in an area of Los Angeles County where firearms might be prohibited.


Collecting sea palm that’s washed up on the beach?
Question: If I find some sea palm washed up on shore, can I keep it? I know you can’t pick sea palm recreationally, but since this was already dead, I see no harm in gathering. But is it legal? I know you can keep bull kelp when it washes up, so I was wondering if this was similar. (Hank S.)

Answer: The law prohibits cutting or disturbing sea palm (CCR Title 14 section 30.10). While possession of dead sea palm is technically not prohibited, removing live sea palm from the water would likely result in a citation.

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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. Please contact her at CalOutdoors@wildlife.ca.gov.

Gaffing Undersized Shark That’s Biting My Thumb?

Angel Shark (Photo by CDFW Environmental Scientist Derek Stein)

Angel Shark at Santa Barbara Island (Photo by CDFW Environmental Scientist Derek Stein)

Question: I recently went fishing with a friend and hooked into a 4-foot angel shark (which I had mistaken for a large skate). When I got it close to the boat, I reached down to unhook it and release it (still not thinking it was a shark). As I got close to its mouth it thrashed around and bit my thumb pretty good (suddenly I realized I was in the jaws of a shark). The shark wouldn’t release my thumb, and me being in the boat and it still in the water, the only thing I could think of doing at that moment was to gaff it and bring it on board the boat. When I gaffed it we got it on the boat, my friend held it down and used a screwdriver to pry its mouth open. By this time the shark had lost a lot of blood.

The law says it has to be 72 inches and 100 lbs. The shark died and I was wondering if we violated any laws given that it died while we were trying to save my thumb? In this situation, if we didn’t violate any laws could we have kept the dead shark? Please let me know or put me in touch with someone who can answer this question. Thank you very much for your time. (Sean O.)

Answer: Sorry about your thumb, but there are no size or weight limit restrictions for angel sharks. Gaffs may be used to assist in landing any fish that is legal to take and of legal size, but gaffs are not a legal method of take for sharks or any other species. In a case like this where it sounds like your personal safety (thumb) was an issue, you can use whatever means necessary to ensure your safety. Afterwards, when the immediate threat is over, you must abide by current rules and regulations. If the species or size is illegal, you may not possess it. And as in this case, if you caught the shark illegally, you must release it, dead or alive.


Hunting ducks on mountain lakes?
Question: I have always wondered if it was legal to hunt some of the smaller lakes in the Sierra and foothills bordering forest service land. As long as one follows the standard waterfowl protocol, would it be legal? (Derek C.)

Answer: Yes, it would be legal to hunt waterfowl on the lake so long as you are not trespassing on private property or violating some other law such as shooting too close to an occupied dwelling.


Trail cameras – baiting vs attracting?
Question: I want to set a trail camera out on public lands like the National Forests in California and attract wildlife to it. Can I use scents or baits to attract the wildlife for photography reasons only? I’m not hunting in the area. Example would be putting a commercially sold scent on a log or the ground by the trail cameras. What about an apple, salt lick or chunk of chicken? When is a permit needed for trail camera photography on public land? If I have a California trapper license or hunting license, would it make a difference? The intent is still to modify the animals’ behavior for a photo, and that seems to be the issue. (Anonymous)

Answer: Yes, that is the issue. Intentional acts that disrupt any birds’ or mammals’ normal behavior patterns (California Code of Regulations Title 14, section 251.1) or feeding big game mammals (CCR Title 14, section 251.3) is prohibited.

Even if you are not intending to draw an animal in for the purpose of hunting, putting out any type of attractant still falls under the definition of baiting. The definition of “baited area” can be found in the California Code of Regulations Title 14, section 257.5. And under this regulation, the use of any substance (real or artificial) that is capable of attracting an animal to an area, and when used causes the animal to feed (on the substance), is prohibited. Generally, aerosols sprayed into the air are permissible because there is nothing to feed on. But the same products applied to a surface (e.g. tree, brush, rock, etc.) where the animal licks, eats, chews, nibbles, etc. the surface is considered feed and is a violation.


Will CDFW plant fish in private duck club pond?
Question: A pond on our private duck hunting property was accidentally drained in the last year but we will refill it as soon as we can get more water. At that point, can we have the California Department of Fish and Wildlife (CDFW) replant it with fish? (Fishingdude)

Answer: No, CDFW will only plant fish in public waters that are open and available to the public to enjoy. If this is a private pond, you will need to get a private stocking permit from CDFW and then buy fish from a commercial fish farm, which may also stock them for you.

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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. Please contact her at CalOutdoors@wildlife.ca.gov.

Moving Wing Waterfowl Decoys

Mallard drake (Photo ODFW)

Mallard drake (Photo ODFW)

Question: With waterfowl season approaching, I was wondering if you could clarify Regulation 507 regarding duck decoys that move? That regulation specifies moving wings or blades are prohibited until after Nov. 30, but I cannot find a prohibition regarding motor powered decoys that simulate swimming (clamp on propeller), or water movement to simulate feeding (magnate type), or battery powered jerk string. In short, are ONLY moving wing decoys prohibited during the first six weeks of the season? (James Scott, Oakley)

Answer: The prohibition is only for electronically powered spinning wing, or spinning wing simulated devices. There are no prohibitions to any other electronic devices which flap wings, allow the decoy to swim, feed, or cause movement other than the spinning of a wing or wing simulated device.


How to pay an old ticket?
Question: One of my friends received a ticket about five years ago for abalone taken from the Fort Ross area. Afterwards he moved out of state. He recently moved back to California though and would now like to pay his ticket but he does not have any information. How should he go about paying it? How can he find out the amount owed and where should he send payment? Thanks for any help. (James Y.)

Answer: If your friend left the state without paying the fine for the ticket he received, then the court probably issued an arrest warrant for him. Fort Ross is in Sonoma County, so he should contact Sonoma County Superior Court as soon as possible. If contacted by law enforcement prior to doing this and it is determined there is an active warrant, your friend will be cited or arrested for not taking care of his ticket.


Game wardens also lead-free in Condor Zone?
Question: Does a Fish and Wildlife officer’s pistol that he carries in the field contain lead-free ammunition? I ask because if I’m in the woods in the lead-free zone under a carry concealed weapon permit (CCW) and just camping, I must run lead-free, correct? The law should be consistent for everyone. (Dale G.)

Answer: No, the lead ban pertains to hunters. It is illegal to use, or possess with a firearm capable of firing, any projectile containing more than one percent lead by weight while taking or attempting to take big game or nongame within the condor range. This includes centerfire as well as black powder/muzzleloader and rimfire projectiles. Since wildlife officers are not hunting while on duty, their firearms may contain lead ammunition in the condor range. Any people who are not taking or attempting to take wildlife, including CCW holders, may use or possess lead ammunition.


Woodpeckers are driving me crazy!
Question: I’ve got a bunch of woodpeckers that keep pecking at my house and they are driving me crazy! Can I use a pellet gun to haze them and chase them off? Thanks. (Alan H., Ukiah)

Answer: No, woodpeckers are a nongame species so you will have to find a non-lethal method to haze them away from your house. You could try hanging shiny mylar tape like they use in orchards to scare the birds away from the fruit or try posting an owl decoy. You might also try covering the wood with metal mesh hardware cloth.

This is a USFWS question and they do have a permit process for a number of species under federal depredation provisions unless designated a fully protected bird.

For additional tips and information, please check with the University of California Integrated Pest Management Program online at http://www.ipm.ucdavis.edu/PMG/menu.house.html#VERT.


Deployed gear through MPAs
Question: Is it legal to travel through a State Marine Reserve (SMR) on a kayak with fish and non-deployed fishing gear on board? Does “fishing gear deployed” mean having a hook and line in the water? Or does it go so far as to require fishing hooks be removed from any fishing line on board a kayak? The term “deployed” is not defined in the regulations and I am wondering how it is enforced by the officers. (Brian M.)

Answer: Yes, you may travel through a state marine reserve with catch on board as long as no fishing gear is deployed in the water (per Section 632(a)(8) on pg. 52 of the current Ocean Sport Fishing regulations booklet). Deployed means that the gear (hook and line) is in the water. If you wish to remove all doubt, you could remove the hooks, but that is not required by law. Just make sure your gear is out of the water and secured before transiting a state marine reserve, and you will be abiding by the law.

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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. Please contact her at CalOutdoors@wildlife.ca.gov.

Deer Hunting in an Area Closed Following a Fire

Mule deer on scenic hillside (USFWS photo)

Mule deer on scenic hillside (USFWS photo)

Question: My son and I have drawn G37 tags. We have been trying for 15 years to draw this once-in-a-lifetime hunt. My concern is that the U.S. Forest Service (USFS) has closed a big portion of this area because of the Rim Fire and the El Portal Fire. Is there anything that the California Department of Fish and Wildlife (CDFW) can do to get these closed areas open? We don’t want to exchange our tags for the G37 hunt, we would like the USFS to open the closed areas that are in the G37 zone that burned. We and the other hunters would appreciate whatever CDFW can do for us. Thank you. (Dennis and Brent S.)

Answer: Unfortunately, there’s nothing we can do to require them to reopen the burned area. The fire closures are implemented whenever the USFS decides they are warranted. The best we can do is to refer you to the USFS district office so you can talk directly to those making the decisions. That might be your best hope.

And regarding your tags, even if you did want to exchange your tags, there are no refunds for deer tags. There are no exchanges for premium tags either. We can exchange restricted and unrestricted deer tags provided the following: 1) the earliest season for their zone has not already started, 2) tag quota for the tag they want to exchange is not yet filled, 3) tags remain in the zone they want to exchange for, and 4) you pay the current exchange fee. For more details, please check California Code of Regulations Title 14, section 708.14(j).


Shark took my salmon!
Question: While fishing off of Shelter Cove for salmon a while back, a large shark latched onto a salmon hooked on the line. After a few minutes of fight, the shark raised its head out of the water and bit through the salmon it had in its jaws, leaving the salmon head and 6 to 8 inches of flesh. My question is, by regulation, do we have to count the head as one of our take? We kept the head in the fish box and salvaged as much of the flesh as we could so as not to waste resources. (Rick W., Shelter Cove)

Answer: Since you landed the remainder of the salmon, you must count the fish toward your bag limit. However, since the fish was not retained in a whole condition, it would have been illegal to possess since it could not be measured to determine if it met the legal length requirement. So, while salvaging as much of the flesh as you could so as not to waste resources may have been the “right” thing to do, legally, you should have sent the head and remaining carcass back to the ocean to let other marine organisms utilize it. And if you had sent the carcass back down without salvaging the remainder of the fish, it would not count toward your daily bag limit.


How to pay for not returning lobster card?
Question: I did not return my lobster card last season, and I would like to know how/where I can pay my fine so I can get another card for this coming season.

Answer: When you go to purchase your 2014-2015 lobster report card, the clerk should tell you that you need to pay your $20 non-return fee first. After paying this fee, you should be able to purchase your new lobster report card.


Nonlead for all hunting on a wildlife area?
Question: I won a G12 deer tag this year (either sex shotgun only, Gray Lodge Wildlife Area). Because this is a popular waterfowl hunting area, am I legally allowed to use lead slugs or do I need to use nonlead slugs? (Philipp K.)

Answer: Yes, you may use lead slugs. In 2014, the use of lead slugs to hunt on state wildlife areas is not prohibited. However, this may be the last year that you can use lead ammunition for big game at the Gray Lodge Wildlife Area. In 2013, Assembly Bill 711was approved by the Governor and chaptered into law by the Secretary of State. AB 711 added several sections to the Fish and Game Code, one of which (3005.5(b)) requires a complete ban on the use of lead ammunition when taking wildlife for any purposes anywhere in the state by July 1, 2019. This section also requires the Fish and Game Commission to develop a phase-in regulation by July 1, 2015, designed to impose the least burden on California’s hunters while still implementing the intent of the law. (For more information regarding implementation of AB 711, please go to http://www.dfg.ca.gov/wildlife/hunting/lead-free/.)

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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. Please contact her at CalOutdoors@wildlife.ca.gov.

How to Fish the Lobster Opener?

California Spiny Lobster (CDFW photo by Derek Stein)

California Spiny Lobster (CDFW photo by Derek Stein)

Question: I know that lobster season opens at 12:00:01 Sept. 27, 2014. If the hoop wet time is a maximum two hours, can I drop my hoops at 10:15 p.m. Sept. 26, 2014 and pull them after midnight? (George G.)

Answer: No, attempting to take lobsters is “fishing” and so if you drop your hoop nets before the season officially opens, you will be fishing out of season. Lobster season officially opens during the first minute of the first day of the season (12:00:01 a.m., Saturday, Sept. 27). The two hour wet time requirement is designed to require the net to be checked every two hours once it is legally in the water. So this means that even if you legally drop your hoop nets in the water a second after midnight, they must be serviced by 2:00:01 a.m.!


Protocols for packing deer out?
Question: I am preparing for my deer hunt and planning to hike 2½ miles one way into a place to try to harvest my deer. If I am successful I will need to pack the animal back out by myself, and this may be an all-day sucker. If this animal is large enough, I am probably going to have to quarter it and hump it out. If this is the case, do I take the head and antlers out with the tag on them, then make successive trips back in, or how do people normally do this? I don’t want to take the head out and put it in the back of my truck, risking someone might take it, and then bring another load out and find I have no evidence. Do you have a suggested protocol I should follow? Thanks. (Rick L.)

Answer: Most hunters in your situation like to bring a small saw to cut the antlers and skull cap from the head as you are not required to keep the whole head of a deer you legally harvest. The law requires that upon taking a deer, you must immediately fill out the tag completely and attach it to the antlers (or ear if an antlerless hunt) and then keep it for 15 days after the close of the season. In your case, the antlers and skull cap could be placed in your locked car in a box or plastic bag until all your meat is hauled out. Depending upon the type of terrain and the size of the deer, many hunters either take out quarters of their deer, or elect to bone it out in the field.

You might also consider using a game-carrier with wheels so that you can keep your game with you at all times while packing it out. Any wildlife officer that contacts you during this process will likely want to check your tagged antlers, but wildlife officers understand that it isn’t always possible to carry the whole deer to your car in one trip.


Ocean salmon loophole?
Question: There has been a lot of discrepancy recently due to a bit of a loophole in the ocean salmon regulations. I have been given different answers by a number of people and would like to have it clarified. I live in Santa Cruz, and in the past few weeks there have been a lot of incidental salmon catches in shallow water while targeting rockfish or lingcod. Because it is entirely incidental catch, I don’t see a problem keeping it even though it was caught on a barbed hook. As long as it was of legal size and landed with a net, it should be ok. Of course, if you choose to keep it you would have to switch to salmon-legal gear, but until you did keep one, you can’t prevent one from slamming an iron as you’re reeling up. So basically, if I am targeting rockfish using the appropriate gear, and I catch a salmon while doing so, could I land it using the required net, and if it was 24 inches, keep it and then resume fishing with salmon legal gear? (Azure C., Santa Cruz)

Answer: You are incorrect about a loophole. It is unlawful to take salmon (north of Point Conception) with a barbed hook, period. No more than two single-point, single-shank barbless hooks shall be used and no more than one rod per angler when fishing for salmon or fishing from a boat with salmon on board. If an angler hooks a salmon while fishing for rockfish using barbed hooks, the fish must be immediately released.


Auto hook setter legal?
Question: I do a lot of fishing in lakes and the Delta. Can an auto hook-setter be used on local lakes and rivers? Please help! (Anonymous)

Answer: Yes.

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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. Please contact her at CalOutdoors@wildlife.ca.gov.

Deer Hunting From My Porch?

California Mule Deer (CDFW photo)

Question: I have a house on five acres in Northern California and have some really nice bucks on my land. Every day they come within a few feet of my house and graze on my garden and plants. If I purchase an A Zone tag this year, can I legally shoot a deer on my land from my house or porch? My house is situated more than 200 yards from any other property or house and it is outside of the city limits. Thanks. (Brian T.)

Answer: Yes. The safety zone law prohibits shooting within 150 yards of any occupied dwelling without the permission of the occupant. As long as it is otherwise legal to discharge a firearm in this area (e.g. not in the city limits or not prohibited by county ordinance), then go for it!


Can lakes set their own fishing regulations?
Question: The local municipal water district operates a nearby lake that is open to the public for fishing and day use. My question is regarding the regulations set for this lake. The maximum daily catch limit is lower than the limits the California Department of Fish and Wildlife (CDFW) authorizes. Do they have the authority to do this? Who has the ultimate jurisdiction in this matter? (Roger S., Ojai)

Answer: Yes, this is perfectly legal for them to do. Private lake managers can be more restrictive than CDFW regulations but not less restrictive. It is their prerogative to impose more stringent regulations in the interest of better managing their individual waters than what the state requires for managing California’s fisheries statewide.

Sorry, I’m sure this isn’t what you’d hoped to hear. For further clarification, please contact your local game warden.


Trap and release squirrels and possums
Question: I live in a city in Southern California and have an avocado tree in my yard.  Squirrels and possums have been a big problem recently. Can I use a Havahart trap to catch them and then transport them to a more rural location a few miles away? (David S.)

Answer: Yes, most squirrels and possums can be trapped, but tree squirrels will need a depredation permit. When trapping wildlife, traps must be checked every 24 hours and the animals either dispatched or released in the immediate area.

According to CDFW Statewide Wildlife Rehabilitation Coordinator, Nicole Carion, squirrels and possums that have caused property damage can be trapped by legal means (Fish and Game Code, section 4180). All furbearing and nongame mammals that are legal to trap must be immediately euthanized or released (California Code of Regulations Title 14, section 465.5(g)(1)).

Squirrels and possums should not be “relocated” from where they were trapped for many reasons, the most important being to prevent the spread of disease. It is illegal to release, introduce or transplant plants or wildlife (domestic or domesticated species) onto CDFW lands or waters (CCR Title 14, section 550(k)) and plants and animals or their parts taken elsewhere shall not be introduced, liberated, or placed on any National Wildlife Refuge (Federal Code of Regulations, part 27, section 27.52). It is also illegal to release an animal into a California State Park without written authorization from the District Superintendent Superintendent (CCR Title 14, section 431(a)).

Please be very cautious about trapping in the springtime because this is when wild animals have offspring. Trapped nuisance wildlife cannot be taken to wildlife rehabilitators. Although rehabilitation facilities can take in orphaned wildlife, the orphaned animals will have a much higher chance of survival if they are raised by their wild mothers. Often wild animals only take up residence somewhere temporarily during the springtime.

There are many humane options available for keeping out animals seeking shelter in homes and structures on private property. For more information on preventing wildlife access to human food sources, please visit our website at www.dfg.ca.gov/keepmewild/products.html.


How many abalone in the freezer?
Question: I have been an abalone diver for nine years now and always keep my abalone frozen in my freezer to enjoy until the next year’s harvest. I am hearing mixed messages about the rules now and am confused as to whether it’s legal to do that. I might have anywhere between one to 20 abalone in my freezer, all still tagged with the appropriate tag. Please confirm if it is legal to keep an overlimit of tagged abalone in my home. (Bill D.)

Answer: The limit is actually three abalone per day and in possession. This means that legally, one individual can have no more than three abalone in their possession (at the dive site, at home, in your vehicle, in your freezer, etc.) at one time.

You can still give away your abalone to friends or family members living in the same house with you. Each person may have no more than three abalone in their possession at any time.

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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. Please contact her at CalOutdoors@wildlife.ca.gov.