Category Archives: Lines/Rods/Equipment

Why Do Turtles Sold as Pets Have a Size Limit?

Red-eared Slider - Trachemys scripta (CDFW photo by Dave Feliz)

This is a Red-eared Slider (Trachemys scripta), a common turtle in the pet trade. They compete in the wild with our native Western Pond Turtle, so they should never be released. (CDFW photo by Dave Feliz)

Question: Is there a size limit on the sale of turtles that are sold as pets? (Robert Bruce, Antioch)

Answer: Yes, federal and state laws require that turtles must have a carapace (shell) length of at least 4 inches to be imported, sold or distributed (California Code of Regulations Title 17, section 2612.1). This restriction was brought into effect under the Public Health Services Act by the Food and Drug Administration (FDA) in 1975 to address the problem of Salmonella infections in children. I have heard this size was determined to help prevent children from putting these small reptiles into their mouths. Prior to the ban there were an estimated 250,000 cases of turtle Salmonellosis in children and infants that were associated with pet turtles in the United States (Source:
http://exoticpets.about.com/od/reptilesturtles/a/turtlesales.htm
.)


Sabiki rig?
Question: I frequently fish at the Point Arena pier but am not clear on a specific rule. I know you may only have two hooks on one fishing line, but is it legal to use a Sabiki rig with multiple small hooks to catch bait fish? (Steve Lum)

Answer: When fishing from Point Arena pier, you can use a fishing rod with multiple hooks as long as you don’t have rockfish, cabezon, greenling or lingcod in your possession. If you happen to catch one of these species while using more than two hooks on your line, you must release the fish.

You are limited to no more than one line and two hooks when fishing for rockfish, cabezon, greenling and lingcod, or if these species are in possession. On a public pier, you can use up to two fishing appliances (rod and reel, hoop net, crab trap, etc.) with no restrictions on the number of hooks (unless you are targeting the species mentioned above or have them in your possession).


How to legally exchange bear skulls and claws?
Question: Are there any regulations prohibiting someone from giving me a bear skull or claws if legally taken either in California or out of state? No money or goods would be exchanged. Would I need to have proof to show where the parts came from or who gave them to me? (Tom H.)

Answer: No. If the skull or claws were taken from a bear in California, and as long as no money or goods were exchanged for the acquisition, you may legally receive and possess these bear parts. If the bear parts are from a bear taken in another state, then you will need to follow the regulations for sale or gifting of bear parts from that state and submit a “Declaration for Entry” form, available online at http://www.dfg.ca.gov/enforcement/.


Why early stop shooting times for turkeys?
Question: I have been turkey hunting in California for several years and always wondered why the shooting times are limited until only 4 pm. I have heard it protects them so they can return to roost in the evening, but this makes no sense since there is an over-abundance of turkeys in California, more than a lot of other states. Many other states allow turkey hunting until sundown, similar to big game. What’s the reason for this early shooting stop time? (Dave Johannes, Modesto)

Answer: Shooting hours for the spring wild turkey season is always one-half hour before sunrise to 4 p.m. The reason for the early stop time in the spring (versus the stop time of sunset in the fall) is because the spring season occurs during turkey breeding season. Only the toms (and bearded hens) may be taken in the spring to allow the hens to nest successfully. The goal is to maximize the opportunities for hunters to take turkeys while protecting nesting hens. Setting this early shooting stop time gives the birds a break from hunting pressure, allows the toms to return to the roost and the hens to get back to their nests.  Historically, the stop time was 1 p.m., but as wild turkey numbers have flourished, the stop hunting time was moved to 4 p.m.

Turkeys typically roost communally and may have only one or no more than a few trees where they roost at night. They become more vulnerable toward the end of the day as they return to their preferred roost. If the turkeys are disturbed along the way by gun shots, they may select unfamiliar roosting areas, thus making themselves more vulnerable to predation.

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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 Cal.Outdoors@wildlife.ca.gov.

Remote-Controlled Electric Aircraft in California Reserves?

Yolo Bypass Wildlife Area (Photo by Robert Sahara)

Yolo Bypass Wildlife Area (Photo by Robert Sahara)

Question: I am a conservation advocate and an avid wildlife photographer. Over the last several years, I have been photographing birds and landscape views of Southern California’s wildlife areas. I am interested in expanding this documentation with video, and in particular aerial video taken from a remote-controlled electric helicopter. While I am very aware of the need to not disturb or harass local wildlife, I am wondering if there are regulations that restrict or prohibit the use of RC-aircraft in or around the perimeter of ecological reserves and conservation areas? (Bill K.)

Answer: There is no general prohibition against using radio-controlled “vehicles” in wildlife areas (California Code of Regulations Title 14, section 550). However, in ecological reserves, prohibitions against: 1) disturbing any bird, mammal, etc.; 2) operating vehicles; and 3) operating any type of aircraft or hovercraft without permission may apply (CCR Title 14, sections 630(a)(1) & (a)(4) and (a)(17)). There is also a provision that prohibits the use of any motorized, hot-air, or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing 48 hours after any big game hunting season in the same area (CCR Title 14, section 251(a)). In addition, a permit could be required if there are concerns your aircraft will “ … herd or drive… or disrupt animal’s normal behavior patterns, which includes, but is not limited to breeding, feeding or sheltering …”

Under federal regulations, this may be illegal if you are using the video for any commercial purpose.  “Under current federal aviation rules, using unmanned aircraft — what commonly are referred to as drones — for commercial purposes is prohibited in the United States.”

Please contact the Regional Manager for the area you intend to visit for information on the application of these laws. For a list of contact numbers available, please go to www.dfg.ca.gov/regions/.


Serving abalone at a fund-raiser?
Question: My husband and I are residents of both Humboldt and Sutter counties. We occasionally dive for abalone in Humboldt where we live. If we don’t consume them right away, we freeze them whole in the shell as the local game warden advised us years ago. I also work for a nonprofit hospice in Sutter County and they are having a fundraiser in May at a private house, where many of our staff will prepare appetizers for 100 guests. I want to prepare abalone appetizers from three abalone that we already have tagged and frozen from last season. The event is being professionally catered for the meal and dessert and so they are selling tickets, but no one is paying for or making money from the abalone I want to cook. The abalone is such a minuscule part of the meal. I just want to make sure I am allowed to bring it to an event like this and I was not able to find anything specific about that in the regulations. Please advise. Thank you. (Amy M., RN)

Answer: Sport-taken abalone may not be bought, sold, bartered or traded (Fish and Game Code, section 7121.) If sport-taken abalone are used for a non-profit fundraising dinner, then the cost of attending the dinner must be advertised as a requested donation to the organization putting on the dinner. In your situation, if you are just providing a few abalone for an appetizer, and as long as the dinner is not advertised to contain abalone in order to sell more tickets to the fund-raising dinner, then I think that would be ok. However, you should contact your local game warden where you will be having the dinner to confirm they are in agreement.


Running dogs with GPS for pigs and coons?
Question: Since bear and bobcat hunting with hounds is now banned in the state of California, can we still use GPS collars on hounds for hunting pigs, coons, etc.? (Dean C.)

Answer: You may use dogs to hunt raccoons and pigs, however, the use of GPS collars is prohibited (CCR Title 14, section 265(d)(2)).


Poke poling – need a license?
Question: Do I need a fishing license to poke pole for monkey-faced eels? (Anonymous)

Answer: Yes, the only exceptions are if you are 15 years old or younger or if you are fishing from a public pier or the most seaward jetty of a public harbor. Otherwise a fishing license is required and all regular fishing regulations apply.

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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 Roadkill Raptors

American Kestrel (USFWS photo)

American Kestrel (USFWS photo)

Question: What are the rules concerning the use of birds of prey, such as owls, which have been killed by vehicles? I have found several in the local area which seemed to be dead along the side of the road but without evidence of damage to the body. My guess based on where they fell is they are “indirect roadkills.” If I wanted to save these animals for taxidermy or another use, would I need some kind of documentation? If so, what sort of permit would I need? It would be simple to document the finds I have made photographically at the site, but preserving them for inspection later by California Department of Fish and Wildlife (CDFW) would be harder. Thanks for your help with this. (Ken Z., Visalia)

Answer: Under both state and federal law, it is not legal to collect or possess any species of bird that is protected under the U.S. Migratory Bird Treaty Act. This would include all raptors that have been killed by vehicles. There are permits available, under very specific circumstances that allow scientific or educational facilities to salvage these birds. Organizations that believe they may qualify for these permits would be required to obtain both a federal Salvage Permit and state Scientific Collecting Permit. More information on these permits can be found at www.dfg.ca.gov/wildlife/nongame/research_permit/ and www.fws.gov/forms/3-200-10a.pdf.

Another very valuable thing the average citizen can do when they see a potential road kill is to “document the find” in one of the databases such as www.wildlifecrossing.net/california/. If it is near a State Highway, the Department of Transportation keeps records specifically for planning and coordination purposes.


Fishing license and second rod stamp
Question: I have a California sport fishing license but did not pay for the second rod stamp. When I am out ocean fishing on my boat, am I only allowed one rod? I thought since it was the ocean I can have two rods out, even if I did not pay for a second rod stamp. (Anonymous)

Answer: The second rod stamp is only required when fishing in freshwater with two poles. In the ocean, any number of poles and lines generally can be used, with some exceptions. For example, fishing for lingcod, rockfish, greenlings or cabezon is limited to one line with no more than two hooks. Also, when fishing in San Francisco Bay or when fishing for salmon north of Pt. Conception, only one rod/line may be used per person.

Other exceptions exist, such as when pier fishing – only two methods may be used. There are only a few exceptions like these, but I’d recommend reviewing the Gear Restrictions section of the Ocean Sport Fishing Regulations booklet and any regulations for the species you’re pursuing to ensure you’re following the law.


Legal to collect moon jellyfish for personal use?
Question: I am interested in collecting some moon jellyfish just for my personal use but want to be sure it’s legal. They would not be sold or traded. If legal, can I collect them under a basic fishing license or would I be required to have a marine collector’s permit? (Tucker M.)

Answer: Moon jellyfish occurring outside the tide pool zone (1,000 ft. seaward from mean high tide) may be legally taken with a fishing license and the bag limit is 35 (California Code of Regulations Title 14, section 29.05 & 29.05(a)).


Crab pot dimensions?
Question: My son wants to build his own crab pot. I think it’s a great project but I can’t find any official size regulations. He already has line, buoys and bait containers. I found a web page that described a circular pot as measuring 42 inches in diameter, 14 inches deep and weighing 90 pounds. Are those the required dimensions? Can they be bigger/smaller? Any help is appreciated. (Anonymous)

Answer: As long as the trap has “at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap” (CCR, Title 14, section 29.80 (c)), your son is free to construct a pot using any dimensions!

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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 Cal.Outdoors@wildlife.ca.gov.