Category Archives: Depredation

Any Difference Between Baiting vs. Attractants?

Posted on September 13, 2012 | Leave a comment

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. (Photo by Carrie Wilson)

Question: What are the differences between baiting and attractants? I know baiting is illegal but was curious about attractants. What qualifies something as an attractant? Can you please define and differentiate? (Josh L.)

Answer: There is no difference … bait is an attractant and an attractant is bait.

No specific definition is provided in Fish and Game laws for these terms, but the definition of “baited area” in the California Code of Regulations Title 14, section 257.5 is helpful.

It states in part: “Resident game birds and mammals may not be taken within 400 yards of any baited area. (a) . . . baited area shall mean any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed, or scattered . . . “

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.

In addition, intentional acts that disrupt any birds’ or mammals’ normal behavior patterns (CCR T14, section 251.1) as well as feeding big game mammals (CCR T14, section 251.3) are prohibited.

For the complete regulations, please go to http://dfg.ca.gov/regulations/ to find the California Mammal Hunting Regulations for 2012-2013.

Casting nets for catching own bait?
Question: I want to use a net to cast and catch my own bait rather than continue to buy bait at the stores. Is it legal to do so? I do most of my fishing in lakes and I see shads and minnows I would like to catch. I can’t seem to find any information on the website that relates to catching your own bait and if you could what are the sizes of the nets that I can use. Any information or alternatives in regard to this would really help. (Khanh Vu)

Answer: Unfortunately, the device you describe (commonly called a throw net, casting net or Hawaiian throw net) is not legal to use in freshwater. Approved baitfish may be taken only by hand, with a dip net, or with traps not over three feet in greatest dimension (CCR Title 14, section 4.05. In addition, possession of these nets in inland waters or within 100 yards of any canal, river, stream, lake or reservoir is a violation of state law (CCR Title 14, section 2.09).

Where does inland end and ocean begin?
Question: I would like to fish with two rods in the Delta but don’t know whether the regulations are in the freshwater books or in the ocean books. Is the Delta part of the ocean regulations or is it considered inland waters? Where does it change from ocean to inland if considered inland? (Brian S., Felton)

Answer: You can legally fish in the waters of the Delta with a second rod stamp. Inland regulations apply from upstream of the Delta to Carquinez Bridge. The definition of inland waters vs ocean waters is, “Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco and San Pablo bays downstream from the Carquinez Bridge, the tidal portions of rivers and streams flowing into San Francisco and San Pablo bays, and the waters of Elkhorn Slough …” (CCR Title 14, section 1.53).

Hunting with a 30-30 but dispatching with a .22?
Question: If I hunt deer with a 30-30 cal, can I carry a .22 pistol at the same time (not to shoot deer)? And if I wound a deer with the 30-30 cal, can I kill the wounded deer with the .22 cal? (John D., Ramona)

Answer: Yes, it is legal to carry a .22 caliber rimfire pistol while taking deer during an open rifle season. No, you may not kill a wounded deer with any rimfire cartridge (see California Code of Regulations, Title 14, section 353). If hunting in Condor Country, remember that your pistol ammunition must also be lead-free.

Non-lead Bullets for Squirrels in Condor Country?
Question: If I am a land owner or a land owner’s agent engaged in squirrel depredation in the condor area, do I have to use non-lead bullets? (John B.)

Answer: Yes, even if you are using rimfire ammunition to shoot nongame mammals, the use of projectiles containing lead is prohibited in the condor range. (California Code of Regulations, Title 14, sections 355 and 475.)

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

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Posted in Bait, Depredation, Firearms/Ammunition, Fishing, Freshwater Fishing, Uncategorized

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Raw or Cooked … It Still Counts Towards Your Limit

Posted on March 29, 2012 | 1 Comment

Red abalone from California's North Coast (Photo by DFG Marine Biologist Derek Stein)

Question: I often go to Fort Bragg with a group of friends to get abalone. On the first day we all make our dives, and then in the evening we have abalone and a fish fry. The abalone is all sliced, pounded and breaded. Some always remains uncooked or cooked and not eaten. We go diving again the next day and get our limits again, and then head home that day or the next. I know I may only possess three abalone in the shells. However, what about the abalone I have left over, including the abalone that has been sliced, pounded and breaded for food? Will I be in violation for being over my limit? Do I need to keep the old shells and tags? (Terry L., Nipomo)

Answer: The law states: No more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean named may be taken or possessed by any one person unless otherwise authorized; regardless of whether they are fresh, frozen, or otherwise preserved (California Code of Regulations Title 14, Section 1.17). 

According to Department of Fish and Game (DFG) Lt. Dennis McKiver, even if you have leftover abalone that is pounded, breaded and cooked, it still remains part of your abalone limit until you either eat it or give it away. If you have a partial abalone left over after your first day’s dinner, you would only be allowed to get two abalone the next day. Otherwise you would be over your possession limit. If you have three tagged abalone in their shells and one partial abalone pounded and breaded and you are headed home, you would not only be in violation of being in possession of an over limit, but you would also be in violation of transporting an abalone that has been removed from the shell.

In the future, make sure you eat all of your prepared abalone or else give it away before you get another full limit or head home.

Can I keep a pet dwarf caiman?
Question: I want to keep a pet dwarf caiman and was wondering how I can get a permit to do so. I know a lot about them and how to handle them properly based on what I’ve learned from other gator experts and gator farm workers. I have done a lot of research myself and know to never release a caiman into the wild. (Ian L.)

Answer: Unfortunately, you cannot keep a pet dwarf caiman. California restricts the importation and possession of many species, including all species in the Order Crocodilia. No restricted species may be imported or possessed for pet purposes. For additional information and a list of restricted species, please go to www.dfg.ca.gov/about/wildlife.html and click on “Restricted Species Laws” (PDF).

Starting a business to trap/eradicate wild feral hogs
Question: I am interested in starting a company to focus on trapping / eradicating wild feral hogs. Does California have a permit program for this venture? If so, how can I get information and an application to allow me to do this? Are there any counties that need this service? (Joseph W., Murrietta)

Answer: According to DFG Statewide Wild Pig Program Coordinator Marc Kenyon, a property owner may apply to the DFG for a permit (depredation permit) to kill wild pigs causing damage to their property. This depredation permit contains a section wherein up to three individuals may be listed to act as an “agent” on behalf of the landowner. These agents may kill the pigs for the landowner in the manner specified on the permit. You, as a sole proprietor of a company, could be listed as an agent on this permit at the time it is issued by DFG, and then you would be able to take the pigs as specified in the permit.

Wild pig populations are mostly concentrated around the central coastal counties, ranging from Mendocino to Ventura counties.

Shooting clay pigeons when doves not in season.
Question: Is it legal to shoot clay pigeons in the same fields that I use for dove hunting when doves are not in season? (Richard X.)

Answer: Fish and Game laws do not generally cover target practice. However, Fish and Game law does prohibit target practice on most state wildlife areas, except in specifically designated areas that are identified as such.

Keep in mind that shooting clay targets produces a lot of litter. Please make sure you have the property owner’s permission before you do it and comply with their requirements regarding cleanup.

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 Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

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Posted in Abalone, Depredation, Firearms/Ammunition, Saltwater Fishing

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Can Lizards be Legally Captured and Kept as Pets?

Posted on February 29, 2012 | Leave a comment

Many lizards and other herps, including this Western Fence Lizard, are legal to take under freshwater fishing regulations, even by 8-year-olds! (Photo by Jeff Cann)

Question:My 8-year-old caught a pair of western fence lizards in the park near our house. He brought them home and they’re doing very well in a terrarium in his room. We did some online research to find out how to care for them, and came across several lively debates on the herp forums as to whether it’s even

(Alex Macintyre with his pet lizard)

legal to keep them as pets. Some believe it’s against the law unless you have a collection permit, while others say it’s only illegal to collect and keep threatened or endangered species. My son would like to keep them, but doesn’t want to break any Fish and Game laws! (Kirsten M., Sacramento)

Answer: Lizards are considered herps, and herps fall under the fishing regulations. Herps may be taken in accordance with section 5.60 in the Freshwater Fishing Regulations. A fishing license is required for those 16 and older. Western fence lizards are legal to take but they cannot be traded, bartered or sold, and the bag limit is 25.

Department of Fish and Game (DFG) fishing regulations authorize capture of certain species of amphibians and reptiles for “sport” (i.e. personal use).  There are over 200 species of amphibians and reptiles in California; 86 species are specifically authorized for take in the fishing regulations (plus all species of rattlesnakes). The link to the sport take regulations can be found at www.dfg.ca.gov/regulations/

Definition of “Vessel” to transit through MPAs?
Question: With the MPAs now in effect here in Southern California, I would like a better definition of the word “vessel” specifically related to: “Vessels shall be allowed to transit through marine protected areas and marine managed areas with catch onboard. Fishing gear shall not be deployed in the water while transiting through a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area.”

Does a “vessel” always have to have a motor or can it be a non-motorized kayak, canoe, row boat, float tube, etc.? (Chad C., Poway)

Answer: Yes to all of the examples you present. A vessel under the circumstances you’re asking will be defined as any floating platform that a person can fish from. We even see people here in my local area actively fishing from their surfboards. So by doing so, that surfboard is then considered a “vessel” when it is used in this manner as a fishing platform.

Hunting ducks affected by standing corn?
Question: This past duck season, I hunted at a private club with a guide. We did OK but the birds all seemed to want to go to the club next door. The guide told me that was because the neighbor had corn on his property and the ducks went in there to feed. I asked him if that was baiting, which I thought was illegal. The guide said that the corn they had next door was “standing corn” which was not harvested and left to fall on its own. He said as long as the owner didn’t harvest or “manipulate” the corn, that it was not considered baiting. Is this correct? What are the rules on planting corn and leaving it alone for the ducks? (Luke B.)

Answer: Yes, the guide was correct. Baiting of waterfowl fall under the Code of Federal Regulations (CFR) Title 50, section 20.21(i), available online at http://www.gpoaccess.gov/cfr/index.html.

What to do with a pig that’s rooting through our neighborhood?
Question: We live in a residential subdivision in Gualala in Sonoma County and there is a wild male pig rooting around the homes. This pig is making himself at home and rooting up the unfenced ground around our home. Most everyone who lives around here has had this guy at their home. This is a 2- to 5-acre residential zoning so we cannot shoot him, not that we want to. He follows the same evening route just before sunset. I have no objection to Fish and Game setting a trap box here. We don’t venture around our place after sunset. This pig has been sighted in the past two weeks by about six people. We have weekly garbage service which no doubt is an attraction and our homeowners association has notified its membership. (Jeff W., Gualala)

Answer: First of all I suggest you make sure no garbage or artificial food attractants are being left out to draw the animal into your neighborhood. Talk to your neighbors about this and make sure your homeowners association spreads the word, too.

Homeowners associations differ from place to place, but most are within a designated city limit and most cities impose firearm discharge restrictions for the general populous. Thus, this would make shooting the pig unlawful in most situations. As such, hunting and immediate take are not options. Landowners or your housing association can apply to the Department of Fish and Game for a depredation permit and then contact a local pig removal company or a federal trapper through USDA Wildlife Services (who operate in select California Counties) http://www.aphis.usda.gov/wildlife_damage/ to trap and remove the pig.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

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Posted in Depredation, Fishing, Freshwater Fishing, Marine Protected Areas (MPAs), Saltwater Fishing, Wild Pigs, Wildlife Management

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