Category Archives: Firearms/Ammunition

Aggressive Deer Gone Rogue in Local Park

Black-tailed does with young fawns can be very protective of them when they perceive threats (even people with dogs on leashes). When this happens, they may act  quickly and aggressively to drive the threat away (Photo by Carrie Wilson)

Black-tailed does with young fawns can be very protective when they perceive threats and may act quickly and aggressively to drive the threat away (Photo by Carrie Wilson)

Question: I had a weird thing happen the other day. I was walking with my dog in a local Monterey park when a doe deer came right up to us. My dog ran out after her and the next thing I knew I heard yelping and looked out to see the doe standing over my 60 lb. dog, kicking it repeatedly. This cannot be normal! Typically, the deer run away from my dog when he chases them. There’s something wrong with this deer. Can you please come get this rogue deer so that it does not threaten other people in our neighborhood? (Spooked in Monterey)

Answer: While this situation may seem unusual, there is probably nothing wrong with this doe. You should be aware that this is fawning season and it sounds like this doe may have had a young fawn or fawns nearby that it was trying to protect. For California black-tailed deer, fawning season runs roughly April through July, and during this time the does can be very protective and will do all they can to defend their young against predators. These deer may view domestic dogs as a threat even if the dog is being walked by the owner on a leash or even in the owner’s backyard. This doe may have viewed your dog as a potential predator and instinctively acted quickly and aggressively to drive it away from the area in order to protect her fawn(s) against this perceived threat. Does that have lost their fear of people may also act aggressively toward humans who wander too close to their fawns. This is a temporary situation and aggressions usually subside once the fawns become more mobile.

Does will hide their fawns in locations away from other does while they go out foraging. This ensures that the fawns imprint on their mothers and not on another doe. In urban or suburban areas, these fawning sites may quite often be in public parks or secluded backyards where plenty of plant life creates protective cover. Once the fawns become strong enough to travel and can keep up with their mother, the doe will lead them back to where she lives. In the interim, it is best for you and other dog owners this time of year to give any deer you encounter a wide berth and keep your dogs on a leash.

In addition, allowing your dog to chase big game constitutes harassment and you may be cited for it (California Code of Regulations, sections 251.1 and 265).


Guns on boat while fishing?
Question: We do not have a concealed carry permit but while camping we keep a loaded pistol in our camper for personal protection. We would prefer not to leave it in the camper while we are out on the boat fishing. Is it legal to carry an unloaded firearm (pistol) on a boat while fishing in the ocean? If so, does it have to be in plain sight or can it be kept in a glove box on the boat? (Lisa G., Granite Bay)

Answer: California Penal Code, section 25400 provides: A person is guilty of carrying a concealed firearm when the person does any of the following:

  1. Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
  2. Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person.
  3. Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

However, the above section does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition (California Penal Code, section 25640).

A summary of firearms laws is available online at http://dfg.ca.gov/enforcement/ under Helpful Information on the right margin.


Out-of-state hunter safety cert valid here?
Question: I recently moved to California from Michigan and am wondering if I will be required to take another hunter safety class to be able to hunt here? Also, during archery season, are you able to hunt from a tree stand or an elevated platform? (Noah S.)

Answer: California has no restrictions against using tree stands. And no, you will not need to take another hunter education course as long as you can show proof that you have passed a hunter education class in Michigan or can produce a valid hunting license issued to you within the last two years. If you cannot produce proof of a hunter ed class or a recent hunting license, you will need to complete another course to get your hunting license. Information regarding hunter education courses in your area is available online at www.dfg.ca.gov/huntered/index.aspx.

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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.

Can Anglers and Divers Help Fill Another’s Bag Limits?

Divers cannot help one another to fill their bag limits. Only anglers fishing from boats on the ocean can help others fill their limits (CDFW photo by Derek Stein)

Divers cannot help other divers fill their bag limits. Only ocean anglers fishing from boats can keep fishing until all anglers aboard have limits (CDFW photo by Derek Stein)

Question: We do a lot of ocean fishing and spear fishing and have a question: Does an angler or spear fisher have to stop fishing once they reach their bag limit even if they are with another licensed angler or spearfisher without their limit? For example, if I am on my boat fishing for rockfish with a friend and I catch my limit but my licensed friend is having a slow day, can I legally gift him some of my limit and continue fishing? The same with spearfishing. I know in years past I have been on boats where fishing was not stopped until the boat had limits for everyone fishing. This seems like a gray area to me and I just want to make sure I am following legal and ethical methods while diving and fishing. Thank you. (Charlie C.)

Answer: You can help your friends who are having a slow fishing day only if you are fishing from a boat on the ocean. “Boat limits” are allowed only for ocean anglers fishing for finfish while aboard a boat. This does not apply for divers or for people fishing for invertebrates (e.g. lobsters and crab) or for anglers fishing in freshwater lakes and streams. Boat limits mean that all licensed anglers (and anglers under 16) may keep fishing until enough fish have been caught to fill all the anglers’ collective bag limits. It doesn’t matter who caught the fish as long as nobody is over-limit when they depart the boat. This provision is allowed only in this situation for saltwater anglers fishing with hook and line. It does not extend to divers or to shore fishermen or to people fishing in inland waters (California Code of Regulations, Title 14, section 27.60[c]).


GPS collars for training hunting dogs?
Question: I am training hunting dogs for raccoon and pig hunting and need to buy new tracking collars that I can also hunt with. I’ve always used these old radio frequency collars but want to replace them with some good global positioning system (GPS) collars. One of my hunting buddies says he thinks these GPS collars are going to be illegal to hunt with though. Is that true? (Bart H., Merced)

Answer: Yes, it’s true. GPS collars and collars with treeing switches are prohibited when using dogs for the pursuit/take of mammals (CCR Title 14, section 265(d)). GPS retrieval collars employ electronics that utilize satellite transmissions. Collars with treeing switches utilize a mercury switch mechanism that changes the collars’ signal transmission when the dog raises its head toward a treed animal.


How is the high tide line within MPAs determined and enforced?
Question: In MPA zone mapping, who and how determines what is the “mean high tide” boundary? How is this enforceable to determine if you are in the MPA zone or not? (Anonymous)

Answer: The shoreline shown on nautical charts represents the line of contact between the land and water at a selected vertical datum. In areas affected by tidal fluctuations, this is usually the mean high-water line. In confined coastal waters of diminished tidal influence, a mean water level line may be used. The shoreline of interior waters (rivers, lakes) is usually a line representing a specified elevation above a selected datum. A shoreline is symbolized by a heavy line.


Throw nets to catch baitfish in private lakes?
Question: Can I use a throw net to catch baitfish (threadfin shad) in a private lake? I am assuming that since it is a private lake, it should be fine, right? (Daniel B.)

Answer: California Department of Fish and Wildlife (CDFW) fishing regulations generally do not apply in any water that is self-contained without any hydrological connection to state waters, or to any fish that are planted by the owner or person in control of the property. In these waters fishing methods are not governed by CDFW regulations. However, it would be a violation of the law to transport fish alive from the water where they were taken (CCR Title 14, section 1.63).


Can I mount a camera to my rifle scope to record my hunt?
Question: Is there any law against mounting a camera to the scope of a rifle to record my hunting experience? (Anonymous)

Answer: No, there is no law against this as long as there is no light emitted from the camera.

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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.

Collecting and Returning Tidepool Animals

Sea Stars of the California Coast (CDFW photo)

Sea Stars of the California Coast (CDFW photo)

Question: I have two small daughters that are very much into marine life. I thought it would be exciting for them to catch small critters, fish, etc. and put them into an aquarium at home. I figured they could then return the marine life back to the ocean every few weeks. I looked into this online and it appears that you need to obtain a permit to collect marine life in this fashion. Do you think it is possible for me to obtain the proper permits in order to do this with my kids? If so, do you have any idea how I would go about applying and the general costs? (Charles K.)

Answer: Unfortunately, as nice as this sounds, it is not legal for your daughters to do. Here are three reasons why:

  1. First of all, they cannot transport any finfish from the ocean, period. Moving live finfish from freshwater or ocean waters is illegal.
  1. Second, anything that is not legal to take with a California sport fishing license requires a scientific collecting permit and they wouldn’t qualify for one of these because they are issued only to scientists doing bona fide research or to schools or aquariums where the animals taken will be on display for the public to view.
  1. Third, they can remove invertebrates that are legal to take with a sport fishing license (although if under 16 years old they do not need a license), but nothing can be returned alive to the ocean. If they take them, they need to keep them. This is because there’s always a possibility that fish or invertebrates may have picked up parasites or diseases when kept in private aquariums. We don’t want anything being introduced to fish and invertebrates in the wild.

For the time being, it would be best for your girls to stick with fish and invertebrates that they buy from licensed aquarists or stores that sell aquarium species legally. They can, however, visit most tidepools and enjoy the fish and invertebrates in their natural environments … just don’t take them away from their homes.

Driving on a private road with a loaded gun in the vehicle?
Question:
I know that it is not legal to have a loaded gun in a vehicle when on public roads and in public accessible areas, but what about when on privately owned property where all access is controlled via locked gates? (Scott H.)

Answer: You are correct that it is against the law to carry loaded guns in a vehicle when upon or along a public way (Fish and Game Code, section 2006 and Penal Code 25850). When behind locked gates, however, there are no laws preventing this, although common sense and safety should preclude doing so. Many of the hunting accidents we investigate are caused by people getting into or out of a vehicle with a loaded firearm. Despite this allowance, it is still unlawful to shoot at any game bird or mammal from a motor vehicle, even when on private property (FGC section 3002.)


Cherry picking for the biggest crabs?
Question: I often see Dungeness crab fisherman holding onto crabs in excess of their limit while they continue crabbing. Then after pulling all their pots, they cherry pick the best ones and throw back the extras. Is this legal? Say for example I’m fishing alone and drop three pots. When I retrieve the pots, the first one contains 10 crabs, and I put them all in my fish box. The second pot also has 10 crabs and I also put them all in the box. I pull the last pot, then sort through all the crab and throw back all but the biggest 10 before heading into the harbor. This is how I would prefer to fish but don’t think it would be illegal. Am I correct? (Jesse)

Answer: What you describe is high-grading and is absolutely illegal. Recreational fishermen are limited to 10 Dungeness crabs onboard or in possession. Every crab over the limit that is in the fisherman’s possession, even if just for a short time, could get them cited for possession of an overlimit. Once a limit is in possession, all other crabs must be immediately returned to the water. If the fisherman keeps 10 legal-sized crabs from his first pot, all other crabs in any subsequent pots must be released.

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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.

Blindsided by Fishing Violation

Small California halibut can sometimes be mistaken for other flatfishes (CDFW photo)

Question: While surf fishing for the first time this past November near Santa Monica, my son caught a fish which he thought was a flounder. It was still alive and in a bucket of salt water when a wildlife officer saw it, identified it as a halibut, said it was undersized and released it back into the ocean. We were unaware of species size restrictions so he gave us a handbook. The regulation booklet is a long, dense read to say the least, and complicated unless you fish more actively and are more knowledgeable than we are.

Even though this was a first offense and the fish was still alive, the officer cited my son. He said it would be like a driving violation and we would receive a bail amount notification by mail. That did not happen and now we see that the violation states we must appear this next Wednesday at court in Santa Monica.

When we purchased our licenses nothing was said about regulations or restrictions so we were blindsided by the violation. We had expected to pay a fine but does he need to appear in court? (Craig T.)

Answer: Your son may have a few options. He may call the court at the number listed on the citation to see if the court has a system in place to allow him to “forfeit bail” (pay the fine). He may also be able to look at the court’s website and determine if the court allows for fines to be paid online. He may choose to appear in court and explain his circumstances to the judge. Judges have discretion in these matters and can assess the full fine, reduce or suspend the fine or dismiss the charge altogether. If the court is not set up for either of those first two options, or your son wishes to speak to a judge, he needs to appear in court at the date and time listed on the citation.

We commend you and your son for taking up fishing as a new hobby and despite your unfortunate identification mistake, we hope you will continue. As with any new angler, we recommend you keep a copy of applicable California Sport Fishing Regulations with you while fishing, and perhaps an identification guide that is available in many bait shops or online to assist with learning proper fish ID and the regulations. We recommend the same for new hunters, too.


Donating fish for trip tax write off?
Question: You provided an answer to a question a while back about donating sport caught fish. I know people that go on long range boats out of Southern California often donate their fish when they return to port and get a receipt they can use for a tax deduction. I’m not exactly sure how it works, but I think it’s something like they can deduct the costs incurred in catching the fish they donate, not a deduction for the market value of the fish. The answer to that question could really impact the decisions of long range fishermen on how they deal with their catch, so it might not be a bad idea to look into that question a little further to see if any clarification is needed. I sent a copy of your email to my accountant who also handles the accounts of a lot of Southern California boats to see if he has any input. If I get a response, I’ll let you know. I think it’s worth checking into for sure. (Sherry I.)

Answer: You are correct that sport caught fish may be donated but no monetary value may be placed on sport caught fish. It would violate Fish and Game Code, section 7121. As far as claiming any other tax benefits, you are on the right track in asking an accountant as those decisions would need to be made by the IRS and Franchise Tax Board.


What shotgun capacity for big game, turkeys and waterfowl?
Question: When hunting black bears, pigs, turkeys and waterfowl, what shotgun capacity can I use? (Daniel K.)

Answer: Shotguns capable of holding not more than three shells may be used to take all of the species you mention. For more information, please see sections 311 and 353 in the Hunting Regulations book or look online at http://www.wildlife.ca.gov/Regulations.


Sturgeon sex change?
Question: Someone told me that when a sturgeon reaches a certain size, it will become a female. Is this true? (Chi L.)

Answer: No, not true.

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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.

Residential Varmint Trapping

Striped skunks (USFWS photo)

Striped skunks (USFWS photo)

Question: I live in Chico across the street from Bidwell Park. Lately I have been plagued with raccoons and skunks on my property. They have been wreaking havoc on my garden, crapping all over my deck and carport, and I think they have been using the pool (WITHOUT a lifeguard on duty which is COMPLETELY UNSAFE!).

I contacted a gentleman who is employed by the USDA and he told me he has been contracted by the County of Butte to trap and euthanize or relocate problem varmints. He explained to me that I can either perform these tasks myself or, for a fee, he will remove and eliminate any problem varmint that I trap on my property. I am located within the City limits of Chico in the County of Butte.

I am writing to you to make sure that I am in compliance with all laws. The last thing I want is to get cited and fined because of a raccoon or a skunk. If the information I received from this person is incorrect, then it would seem that the California Department of Fish and Wildlife (CDFW) and the USDA employee contracted by Butte County need to have a chat and come up with a final call on a situation like this so everyone is reading the same book and getting on the same page. I didn’t know who to go to with this before I acted on it, but you have never steered me wrong in the past. (Dave)

Answer: While the USDA trapper did provide some good information, you are correct to worry about following all the rules because there are lots of them. If you decide to do your own trapping, be aware you are not allowed to relocate any wildlife you catch. If an animal is trapped, it must be quickly killed or released in the immediate area of where the animal was trapped. Driving the animal to a faraway meadow or park away from your house and “relocating” it is not a legal option. Relocating nuisance wildlife not only relocates the problem but also places the critter into an area where it has no established shelter or food and water source, and could potentially spread disease. Also, keep in mind that it is spring time and many adult animals may have babies soon, so causing orphans through trapping should be avoided.

Trapping rules are for public safety and animal welfare reasons. Before venturing into nuisance wildlife trapping, you should read and understand California Code of Regulations Title 14, section 465.5 entitled “Use of traps” available online at www.wildlife.ca.gov/Regulations.


Collecting fish donations to donate to local food banks?
Question: I was wondering if it would be possible (i.e. legal) to put a freezer at boat landings to collect fish donations from anglers on sport and private boats? Donations would be given to local food banks and shelters. (Will E.)

Answer: Although this sounds like a nice idea, existing law doesn’t allow for overlimits of fish, and it would be very difficult for wildlife officers to separate an angler with an overlimit from a person transporting the freezer contents to a food bank. Potential criminal liability would also arise if people deposited fish that were undersized or out of season. A better option might be to post information at the landing encouraging anglers to donate fish directly to the food banks and shelters.


OK to have a firearm onboard while fishing for sturgeon?
Question: We’d like to do some casting and blasting and are interested in shooting target skeet while fishing for sturgeon. Is it legal to possess a firearm, or rather, to have a firearm on my boat while sturgeon fishing? I am not a hunter or a gun guy and I know it is illegal to use a firearm to land a sturgeon. What about having just a pellet gun in the cuddy cabin for non-hunting target practice? Is this legal? (Scott E.)

Answer: There are no CDFW regulations prohibiting you from simply having a firearm on the boat while sturgeon fishing. Your only firearms concerns will be to make sure you won’t be violating any county or city ordinances by possessing firearms and shooting skeet in whatever area you intend to do this. There may be any issue with throwing clay birds, which are coated in paint for visibility, into the water though. “It is unlawful to deposit, permit to pass into, or place where it can pass into the waters of the state … within 150 feet of the high water mark of the waters of the state, any cans, bottles, garbage … rubbish, litter, refuse, waste, debris …” (Fish and Game Code, section 5652).


Catch and release after reaching limit
Question: A friend (not me, really!) asked me if he caught two striped bass while beach fishing, could he continue to fish for striped bass and release any future fish he caught? (Mike B.)

Answer: You (I mean he!) could not continue to target striped bass, but could continue fishing for other species of fish. If you incidentally catch another striper while trying to catch some other species and already have your limit, you must immediately release the striper.

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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.

Sidearm While Duck Hunting?

(Photo courtesy of USFWS)

(Photo courtesy of USFWS)

Question: A friend and I recently had a situation where we found pig tracks at one of the areas where we like to duck hunt. We both found it a little unnerving to be walking in knee to waist high grass armed with only bird shot if a pig were to charge. The area where we are hunting doesn’t explicitly prohibit handguns. We were wondering if California law allows us to carry a handgun, not as a method of take, but rather for defense while hunting waterfowl. I noticed the answer to the question on sidearms while hunting upland game and small game but don’t know if duck hunting has any additional restrictions. Also, if this is allowed, does the ammo in the handgun apply to the nonlead requirement while hunting duck, or is it exempt considering that it is not a method of take? Any help is greatly appreciated. Thanks. (Rhyan P.)

Answer: Unless the area where you’re hunting explicitly prohibits the possession of, or hunting with, handguns, that part should not be a problem. If that is the case, and you feel that your life is in danger, you can shoot the pig. However, you are not authorized to take the carcass unless you have a pig tag and utilized a legal method of take. If you’re hunting in condor country, you must carry nonlead ammunition.


Are crabs with black spots safe to eat?
Question: I just bought two crabs and found one with black spots on the outside shell. I’ve seen these before and usually avoid them, but this time the seller sneaked it into my package. When I called him about it, he said he didn’t know what it is, but it doesn’t permeate the shell. This isn’t true—I’ve seen this stuff on the flesh at the joints. It looks like oil. Can you enlighten me? Besides being ugly, is it unsafe? (Mari V., Berkeley)

Answer: Black spots on the shells of crustaceans are typically composed of melanin, which is the end product of a series of immunological reactions. This means the crab was likely responding to some shell damage that could be caused by physical trauma or a disease agent. In this case, the black spotted crab is probably safe if cooked correctly. However, if the discolored shellfish tissue has an unpleasant taste or texture, or looks or smells unusual, we always recommend not eating it.


Where can I find bail fine information?
Question: How are fines determined and how can someone locate published documentation on fines? (John S., Bakersfield)

Answer: The State Judicial Council publishes the “Uniform Bail and Penalty Schedules” every year. If you perform a web search, most courts will link to the most current edition. The link on our web site  www.courts.ca.gov/documents/july2011_jcbail.pdf is the 2011 edition. Additionally, some fines are mandatory and established by the California legislature. Those can be found in the Fish and Game Code starting with Section 12000. See the California Legislative Information web site http://leginfo.legislature.ca.gov/faces/codes.xhtml to look up the code. With some exceptions for mandatory fines, the uniform bail and penalty schedule is a guideline used by judges. In other words, judges have a great deal of discretion in setting fines and penalties for any violation.


Crossbows for wild pigs?
Question: I am trying to get some clarification on hunting wild pigs with a crossbow. The regulations state that crossbows may be used to take deer and wild pigs only during the regular seasons (California Code Regulations, Title 14, section 353). Since wild pigs can be hunted all year, does that mean that a crossbow can be used (like a firearm) to hunt wild pigs? Can any legal hunter with a hunting license and a pig tag use a crossbow for wild pigs? The regulations have a bit of a gray area here and I would like some clarification please. (Al Q.)

Answer: Yes, wild pigs can be taken year-round with a crossbow.


Importing a water buffalo skull?
Question: I purchased a water buffalo skull with horns in Thailand (Jan 2014). The Thai post office informed me I would need a “customs” form to have it delivered in the U.S. but they did not have them. The skull remains with my son in Thailand.

The skull is clean and dry. There is no remaining material on the skull. The skull was purchased from a buffalo farm for about $60. The animal was not mistreated or tortured. It died a natural death. The farm has a number of skulls for sale.

Can you please tell me what form I need and what I need to do to have it shipped to me here in California? Thank you in advance for your assistance. I enjoy your articles! (Jerry M.)

Answer: California wildlife law does not generally apply to this situation. The U.S. Fish and Wildlife Service would be the contact agency regarding importing parts from a water buffalo into California.

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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.

When Does Fish and Game Become Just Food?

Pintail (Photo courtesy of USFWS)

Pintail (Photo courtesy of USFWS)

Question: I understand that you can’t have multiple limits in your freezer (unless those limits are gifted to a corresponding number of family members living in the same house). My question is when exactly does your catch become just food? If I cook and smoke a duck and then break it down into parts and vacuum seal it into individual meals, or if I smoke some salmon and vacuum seal or can it, does it then stop being game and become food? If not, how and why does this differ from taking advantage of a grocery store sale and buying a couple cases of salmon? Surely there could be more than a limit of salmon in a case. Please be specific about when and why food stops being game. (Kirk G.)

Answer: Regardless of whether they are fresh, frozen, or otherwise preserved, if you have the edible portions of any sport-taken fish or game, they still count toward your possession limit until they are consumed (Fish and Game Code, section 2001 and California Code of Regulations Title 14, section 1.17.) Grocery stores can only sell commercially processed and packaged meats. Possession refers only to sport-taken fish or game species. For any fish or other meat purchased commercially, just keep them in their commercial packaging to easily differentiate between them from any sport-caught fish or game you may have in your possession.


Can licensed anglers fish more rods from a public pier?
Question: I know people without fishing licenses are allowed to fish from public piers with a limit of no more than two rods. But what if I have a valid fishing license and ocean enhancement stamp and still fish on public piers? Since Fish and Wildlife regs allow licensed anglers to fish in ocean waters with an unlimited number of rods, am I allowed to fish with more than two poles while fishing in ocean waters from a pier? (Frank R.)

Answer: No. If a licensed angler is not fishing from a public pier or jetty and not fishing for a species with rod limits (e.g. rockfish, lingcod or salmon), then more than two rods may be used. On public piers though, no person may use more than two rods and lines, two hand lines, or two nets, traps or other appliances used to take crabs (CCR Title 14, section 28.65(b)), regardless of whether they have a fishing license.


Giving pheasants away to other hunters to keep hunting?
Question: While hunting pheasants, once I shoot my limit, can I give one of my birds to another hunter in the group and continue hunting? (Jerry)

Answer: No. Once you reach your bag limit you are finished hunting for the day. You can give your birds away to other hunters but that does not then allow you to continue hunting that day.


Lobster hunting with bait cages while scuba diving?
Question: Can we use bait cages (like what’s used for hoop netting) while scuba diving for lobster? I want to fill a couple of bait cages with bait and put a float on them with a light stick, set them next to a reef, and then come back and check it for lobster feeding off of it. I don’t see it being illegal since there are no hoop nets involved, or traps and no tickle sticks being used. We’re still catching them by hand. (Anonymous)

Answer: Well, you should keep catching them by hand and not use these bait cages. When diving for crustaceans, the law says they may only be taken by hand, so the literal interpretation would say any other method for a diver is illegal (CCR Title 14, section 29.80(a)(1)). The bait cage is an appliance and is prohibited. The regulation reads: “Nets, traps or other applicances may not be used …” (CCR Title 14, section 29.80(a)(2)).


Hunting upland birds and waterfowl at the same time?
Question: If I’m in the field upland bird hunting and a flock of ducks/geese fly overhead, am I allowed to shoot those birds, too? (Robert G.)

Answer: Yes, but only if the season for waterfowl is open in the area, if you have the required state and federal waterfowl stamps affixed to your license, AND you only have steel or other non-toxic shot in your possession.

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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.