Category Archives: Nets

Catching and Selling California’s Wild Snakes

Posted on July 12, 2012 | Leave a comment

Western Diamondback Rattlesnake (USFWS photo)

Question: My 11-year-old son is interested in catching snakes to make some money for the summer. Are there any requirements? I am wondering about the regulations, permits and licenses needed to catch or sell wild snakes in California. I have read and believe I understand all of the regulations pertaining to this but I want to be sure.  Please verify:

I must have a standard resident fishing license and can catch them by hand or with a snake hook, snake tongs or a lizard noose. I am allowed four gopher snakes (Pituophis melanoleucus) and four common kingsnakes (Lampropeltis getula). In most other cases, I am permitted to catch and possess two snakes of other species unless otherwise posted.

I understand that I can catch these at any time, day or night, and at any time of year. I also understand that I can kill rattlesnakes at any time of year, with or without a license, in any manner.

I also understand that if I purchase a Native Reptile Captive Propagation Permit I would be authorized to, for commercial purposes or non-commercial purposes, sell, possess, transport, import, export or propagate native reptiles.

If my son or I caught a gopher snake by hand in a national forest, could I legally hold it for three days in a home terrarium and then sell it to a pet store? Is there anything wrong with this? Are there other permits or licenses not mentioned but that I am responsible for?

Where can I find the details and what all is entailed in purchasing a Native Reptile Captive Propagation Permit?  How do I know I am obeying all the rules? (Brett)

Answer: No reptiles taken under the authority of a sport fishing license may be sold. Only the offspring of rosy boas, California king snakes and gopher snakes can be sold under a Native Reptile Captive Propagation permit.

A person with a Biological Supply House permit may collect a variety of species, but can only sell to science or educational institutions.

According to Department of Fish and Game (DFG) Capt. Phil Nelms, any person under the age of 16 may take and possess their own limit of the reptiles and amphibian species listed in the Fresh Water Sport Fishing Regulations, but they may not sell them. They are not required to obtain a Sport Fishing License.

Reptiles taken from the wild and held or hatched in captivity may not be returned to the wild.

For more information regarding the requirements, fees and application process for obtaining a Native Reptile Captive Propagation Permit, please go to www.dfg.ca.gov/licensing/specialpermits/.

Throw nets
Question: I cannot find anything in the ocean regulations pertaining to net casting. Is it legal to use a net to catch bait fish between Morro Bay and Pismo Beach? (Dewey S.)

Answer: Throw nets may be used in that area, but only for herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp or squid. The regulation says throw nets may be used only north of Point Conception for those species (California Code of Regulations Title 14, section 28.80).

Game Feeders
Question: Can game feeders be used on private property if pulled down prior to hunting or the beginning of hunting season? (D. Corvello)

Answer: No. Feeding wildlife with a game feeder in California is illegal for several reasons.  First, game feeders usually broadcast grain on a timer system and are primarily designed for big game. The feeding of big game is specifically prohibited by regulation (CCR Title 14, section 251.3). Second, feeding wild animals in a manner that changes their behavior is considered harassment (CCR Title 14, section 251.1). Finally, there are strict rules regarding bait, the definition of a baited area and the restrictions that apply to the take of wildlife related to a feeder (CCR Title 14, section 257.5).

Shotgun plugs for target and skeet shooting?
Question: I have a question concerning target and skeet shooting. If I am out shooting on private property (not hunting), am I required to leave the plug in my shotgun? I bought a Mossberg 12-gauge eight-shot shotgun and it was not plugged. (Louie G.)

Answer: California Fish and Game laws restrict the capacity of shotguns when used to take birds and mammals. Fish and Game laws do not restrict the possession and use of firearms for any other purpose.

If the firearm you purchased is otherwise legal under California and U.S. law, then you may use it for target shooting.

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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, Bait, Big Game, Firearms/Ammunition, Nets, Uncategorized

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Fishing with a beach net

Posted on June 10, 2010 | 1 Comment

 

(Photo: William B. Folsom, courtesy of NMFS)

Question: If I am using a 20-foot beach net (the type generally used inland as bait nets) on an inland water (Mission Bay or San Diego Bay, in particular) to demonstrate to my kids the kind of nearshore sea life that is around, am I going to get zinged?

Here are the details: I would be using a 20-foot beach net, or a longer one if possible. It would be operated by hand with me (a license holder) on one end and my 7-year-old son on the other to crowd whatever sea life would be in the particular area. We are not targeting any species in particular. We would not actually take any sea life, but perhaps would handle them and observe them in a confined area. Would the regulations be any different for a non-inland area? (Tim D., San Diego)

Answer: I’m glad you asked first before taking that beach net out to show your kids what you’d catch. Here’s why …

California Code of Regulations Title 14, section 28.85 states that beach nets not over 20 feet in length with meshes at least 7/8 of an inch in length may be used to take surf smelt north of Point Conception.

That means you cannot use beach nets or throw nets anywhere south of Point Conception, and this includes San Diego waters. The area you describe is not considered inland waters, but even if it was, these nets are not legal in inland waters at all anywhere. Beach or throw nets can only be used under the authority of a Scientific Collecting Permit and these are issued only for bona fide research, education or collection for approved public display purposes.

Possessing bear parts
Question: I’m trying to find information on the possession of parts of a bear that I found in the woods that appeared to have died of natural causes. I have looked over the rules and regs and all pertain to the “killing/hunting” and possession of it thereafter. Nothing addresses the possession of bear parts in the manner that I have described, where the bear died of natural causes. Do I need a permit authorizing the collection of the skull and claws? (Heather M.)

Answer: Under California Fish and Game law the pieces and parts of an animal are treated the same as the complete animal, live or dead. Possession of any piece or part of a bear is legal only if it was acquired as authorized by law. There is no provision in the law for taking bears that are already dead, but neither is it specifically prohibited.

According to retired Department of Fish and Game (DFG) Capt. Phil Nelms, if you are in possession of a bear (including any or all pieces and parts) and if there is any evidence the bear had only recently been killed or died, it would be probable cause for a game warden to investigate the circumstances. If evidence exists that the bear was taken in violation of the law, you would be subject to prosecution. However, mere possession of dried and/or desiccated bones, teeth, claws, etc. generally do not raise undue suspicion, especially in the absence of any other evidence or information suggesting the bear was taken illegally.

Keep in mind that buying or selling any part of a bear is illegal in California and violations are prosecuted as felonies.

Do freezer fish count towards my possession limit?
Question: I recently purchased a sport fisher that I hope to use fishing. It has a very good freezer on board and a friend has stored some yellowtail and yellowfin tuna he caught in Mexico in it. This fish was processed and packaged for freezing in convenient meal-size portions before he returned from Mexico. Do I need to remove this fish if I am using the boat for fishing? (Dave N.)

Answer: In California waters, Fish and Game Code sections 5508 and 5509 state you may not possess fish on a boat or bring ashore fish to a California port unless the size and species can be determined. Returning to California waters or landing in a California port with fish in the condition you describe would not be legal because the fish would not meet those criteria. Section 1.17 of the California Code of Regulations provides that bag and possession limits apply whether your fish are fresh, frozen or otherwise preserved.

Selling farm reared abalone shells
Question: Can shells from farm-reared abalone be sold? (Maria M., Sacramento)

Answer: Yes. Commercially raised abalone and their shells may be sold by the abalone farm. Only those abalone shells taken under the authority of a sport fishing license may not be traded, bartered or sold. Therefore, a person off the street could not sell them without proper commercial licensing pursuant to Fish and Game Code section 8030.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. She cannot personally answer everyone’s questions but will select a few to answer in this column each week. Contact her at CalOutdoors@dfg.ca.gov.

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Posted in Abalone, Bag Limits/ Possession, Bag Limits/ Possession, Buy/Trade/Sell/Gift, Fines/Penalties/Citations, Fishing, Import/Export, Methods Of Take, Nets, Recreation, Transporting Taken Animals

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Some organic fishing methods not legal

Posted on March 11, 2010 | 1 Comment

Native American fishing along the Trinity River, CA (Original photogravure produced in Cambridge, Mass. by Suffolk Engraving Co., c1923.)

Question: There is an old legend that local Native Americans used to grind up the roots of Yucca Plants and spread them in the water to “stun” fish so they could collect them. Can I use this as a fishing method? (Jeff, Riverside County)

Answer: No. Although that may have been how Native Americans historically fished and a seemingly natural method, today the use of chemicals of any type is not a legal method of take. According to Department of Fish and Game (DFG) Game Warden Patrick Foy, fish must be taken by angling, which is defined under the California Code of Regulations, Title 14, section 1.05 as “to take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure in its mouth” (exceptions are listed in Section 2 of the fishing regulations, under Fishing Methods and Gear Restrictions).

Adding these ground-up root chemicals to the water would also be unlawful because it is generally illegal to deposit in, permit to pass into, or place where it can pass into the waters of this state any substance or material deleterious to fish, plant life or bird life (Fish and Game Code, section 5650[a][6]). In addition, FGC, section 5650(a)(5) specifically prohibits the use of Cocculus indicus, the plant from which these legends are derived.

Can I use cast nets in lakes or the Delta?
Question: I would like a clarification on the use of cast nets in inland waters. I see people using them both at Clear Lake and in the Delta. As far as I know, it is illegal to use anything larger than a dip net or a trap not more than three feet in greatest dimension. Cast nets are not mentioned in the regulation booklet. (Dave, Clearlake)

Answer: You are correct. It is not legal to use cast nets in inland waters. Cast nets (referred to as “Hawaiian type throw nets” in the CCR Title 14, section 28.80) are allowed only in ocean waters north of Point Conception and only for certain saltwater species. The only nets that may be used in freshwater are dip nets, which are defined as “webbing supported by a frame, and hand held, not more than six feet in greatest dimension, excluding handle” (CCR Title 14, section 1.42). The specific baitfish capture methods for inland waters are outlined in CCR Title 14, section 4.05.

Defending fallen hikers from rattlesnakes?
Question: You mentioned in a recent column that the regulations state you can’t injure or kill a rattlesnake. But what about if someone is hiking in the back country, hears and sees a coiled rattlesnake and then falls while attempting to retreat? Can another member of the hiking team protect the fallen hiker from the snake by throwing a rock at it? It seems to me to be common sense to be able to protect someone from becoming seriously ill, or worse, especially since it could take several hours to obtain medical assistance. I have been hiking for years and close encounters with rattlers is rare, but it does occur. Also, is it lawful to possess the rattles? (William T., West Sacramento)

Answer: The regulation referenced in the March 4, 2010 column (http://californiaoutdoors.wordpress.com) was specific to killing rattlesnakes for commercial sales. This question is regarding a different situation.

According to DFG Game Warden Kyle Chang, regulations allow for the take of up to two native California rattlesnakes per species (genus Crotalus and Sistrurus) by any resident without a fishing license and by any method of take (CCR Title 14, section 5.60[e][2] and FGC, 7149.3). The law was written like this specifically to allow for people to kill rattlesnakes for safety purposes. The rattles may be possessed because rattlesnakes may be legally taken for non-commercial purposes.

Handling rattlesnakes in public areas or crowded campgrounds?
Question: Can rattlesnakes be killed when they are near public areas or crowded campgrounds? If so, what is the correct way to handle a rattlesnake when there are large groups of people and pets nearby? (David H.)

Answer: Rattlesnakes occur naturally in the ecosystem and are important predators that help to effectively contain or reduce excess rodent populations. If a rattlesnake is encountered in a public area or crowded campground, the snake should not be killed unless it poses a direct threat to people and pets. The best course of action is to just warn people to be aware of their surroundings and to restrain their pets. While rattlesnakes may be lawfully taken under Fish and Game laws, killing rattlesnakes in state parks is prohibited under CCR Title 14, section 5.60(a). This section states that no reptiles shall be taken in ecological reserves or state parks or national parks or monuments. Different parks may also have their own additional regulations.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. She cannot personally answer everyone’s questions but will select a few to answer in this column each week. Contact her at CalOutdoors@dfg.ca.gov.

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Posted in Fishing, Lines/Rods/Equipment, Methods Of Take, Nets, Nuisance Animals & Pests, Recreation, Religious/Cultural Use

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