Category Archives: Methods Of Take

Diving and Spearfishing without a Fishing License

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Question: I live within 500 yards of the point of entry where I go spearfishing. Does that mean that, according to section 7145, I can just keep my fishing license and lobster report cards at home since they’re within the 500-yard limit? I’m about 200 yards or so from the reef where I dive. (Raf C.)

Answer: Lucky you! When fishing and/or taking lobster, you are required to have your license and spiny lobster report card on your person or in your immediate possession. If diving from a boat, they may be kept in the boat, or if diving from shore, they may be kept within 500 yards of the shore (Fish and Game Code, section 7145(a)). In your case, if your license and report card are located 200 yards from shore (where you enter the water), then you’re OK. Don’t forget that prior to your dive you need to record the month, day, location and gear code on the report card. And when you return, you will have to fill in the number of lobster you kept from that location.


Hunting blinds on public property
Question: I am a hunter myself and while walking on a closed road recently, I noticed someone had built a hunting blind about 25-30 yards off the road with tarps, boards and sticks from the surrounding woods. Can a person legally build a hunting blind in the woods on public hunting grounds and then continue to fix it up to use each year? And if that blind is vacant and not being used, can the person who built the blind claim it as his own or is it first come first serve? (Anonymous)

Answer: It is not legal for someone to build a structure and then leave it on public land. That could be considered littering as well as destruction of public property if public resources are damaged in the process. Thus, your follow up question about whether the blind builder can claim ownership is a moot point.


Abalone diving with homemade snorkel
Question: I made my own snorkel using a flexible hose that is about five feet long. No air supplying motor or any device is attached to it. It’s just a long flexible hose with a check valve in it. If I use it while abalone diving, would I be in violation of any regulations? I am aware of the regulation prohibiting the use of SCUBA gear or surface-supplied air. (Chris L.)

Answer: Although this would be legal, using this type of snorkel would be very dangerous because you must be able to displace used air in your snorkel. You could be seriously harmed from breathing from a long snorkel because the air volume in the snorkel makes it difficult to displace exhaled air. Rebreathing used air can cause death or great bodily harm to a diver. This is why you do not see longer snorkels sold by dive shops.


Fishing in isolated ponds
Question: As our creeks dry up, ponds are formed, with some of them at the road culverts. Is it legal to fish these ponds with a pole, by hand or a dip net? (Jeanne G., Portola)

Answer: In intermittent streams like you describe, what appear to be ponds are actually isolated pools. Although not apparent during the dry season, water may still be flowing, out of sight, under the streambed surface. This is often called “intragravel flow.” Because a creek is still a stream and not actually a pond or lake, the same regulations for the stream will still apply. Fish can only be taken from these waters under the regulations currently applicable for that stream, including seasons, limits, methods of take, etc. To view the current sport fishing regulations for inland waters, please go to http://www.wildlife.ca.gov/Regulations or pick up a copy of the booklet wherever fishing licenses are sold.


Selling deer hides
Question: I’m a hide tanner and recently asked a butcher about getting deer hides from him. He was worried about giving them to me because he seemed to think that I would need to have a deer tag for every deer hide. Can you tell me what the legalities are concerning deer hides? I would like to make use of the hides that are being thrown away. Also, do you know of any deer hide sources for me? (David C.)

Answer: It is legal to buy and sell (or gift) lawfully taken deer hides (FGC, section 4303). The person receiving the hides is not required to have a hunting license or tag. However, it’s a good idea for both parties involved to keep records of the transactions to protect against false accusations that the hides were acquired illegally.

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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.

Fishing Ocean Pinnacles?

(NOAA photo)

Offshore pinnacle (NOAA photo)

Question: I have a question regarding fishing offshore banks and pinnacles for rockfish. The regulations state fishing in the Southern Management Area is allowed on the shoreward side of the 60 fathom (360 ft.) depth contour. Does this mean any water shallower than the specified depth contour? For example, there are offshore banks where the pinnacle of the bank is in water less than 360 ft. deep, but there is technically no “shoreward side” of this depth contour. Is fishing for groundfish on offshore banks allowed as long as the depth restrictions are met? (Logan M.)

Answer: No. You can only fish shoreward of the 60 fathom (360 ft.) depth contour line, even if there are banks or pinnacles beyond that are shallower than the depth limit on the ocean side of the depth contour line. You are required to stay on the shoreward side of depth limit lines when fishing for groundfish.

Depth constraints are defined one of two ways. During the open season, groundfish species may only be taken or possessed in water depths shallower than the specified depth (per California Code of Regulations Title 14, section 27.20(a)):

In waters shallower than 30 fathoms, “depth” is defined by general depth contour lines. In waters equal to or deeper than 30 fathoms, “depth” is defined by approximating a particular depth contour by connecting the appropriate set of waypoints adopted in federal regulations (50 Code of Federal Regulations Part 660, Subpart C).

When fishing in waters shoreward of lines approximating the 60-fathom depth contour, since the depth is equal to or deeper than 30 fathoms, the waypoints provided in federal regulations will need to be used to determine the depth contour line (CCR Title 14, section 27.45(b).


Land ownership tags?
Question: After 15 years of active military service my family and I are moving to Lassen County. How many acres of land do I need to own in order to apply for land ownership deer tags? (Shawn M.)

Answer: Cooperative Deer Hunting Area landowner tags are available for owners of land encompassing not less than a total of 5,000 acres, of which each individual landowner within that 5,000 acres must own a minimum of 640 acres to qualify. These are areas of private land located within critical deer habitat as determined by the California Department of Fish and Wildlife (CDFW) in deer quota zones that require public drawings (CCR Title 14, section 360).

Cooperative Deer Hunting Areas are designed to encourage the protection and enhancement of critical deer habitat, to provide added protection to landowners from depredations of trespassers and to provide greater access for the public to hunt on privately owned or controlled lands. CDFW may establish cooperative hunting areas and issue permits for the take of deer as specified subject to the conditions listed above (CCR Title 14, section 554).

Another option is the Private Lands Management (PLM) program where tags are issued to landholders. Under this program, CDFW offers landowners incentives to manage their lands for the benefit of wildlife. Landowners who enroll in this “ranching for wildlife” program consult with wildlife biologists to make biologically sound habitat improvements that benefit wildlife (by providing water sources, planting native plants for food, making brush piles for cover, etc). This partnership between wildlife managers and private landowners helps conserve and maintain wildlife habitat in our state.

For application forms and to learn more about these programs, please go to http://www.wildlife.ca.gov/hunting/deer and http://www.wildlife.ca.gov/hunting/plm.


Freshwater boat limits?
Question: If two of us are fishing for black bass from my boat in the Delta, do I have to stop fishing for black bass if I have reached my limit even though my partner has not? I couldn’t find anything about boat limits in the freshwater fishing regulations booklet. (Kin N.)

Answer: At this point, you must stop fishing for black bass but you can change your gear to target other species. Boat limits apply only in the ocean waters, not in the Delta or freshwater systems. Ocean waters are defined as the ocean and San Francisco and San Pablo bays, plus all their tidal bays, tidal portions of their rivers and streams, sloughs and estuaries between the Golden Gate Bridge and Carquinez Bridge (Fish and Game Code, section 195(e) and CCR Title 14, section 27.00).


Shotgun capacity for coyotes
Question: What is the shotgun magazine capacity while hunting coyotes? (Matt A.)

Answer: Only shotguns capable of holding no more than six rounds may be possessed or used for the take of any mammal or bird (FGC, section 2010). Therefore, the maximum shotgun magazine capacity for hunting nongame species, such as coyote, is six. When hunting game species, the limit is three rounds. Remember that in the Condor Zone and on state wildlife areas, the ammunition in the shotgun must be certified as nonlead.

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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.

Legal Hitchhiking?

(CDFW Photo by Athena Maguire)

Lingcod hitchhiking on a rockfish caught on a shrimp fly (CDFW Photo by Athena Maguire)

Question: If I am using a legal shrimp fly rig to fish in California waters for rockfish and a legal-sized lingcod bites and holds onto an otherwise legal-sized rockfish, can I legally gaff and possess that legal-sized hitchhiking lingcod? I am assuming the lingcod has not been hooked in the mouth on my shrimp fly rig, but has merely bitten and held on to the rockfish all the way to the surface. Would this be legal? (James O. Peterson)

Answer: Yes. The take of “hitchhiking” lingcod with a gaff is legal as long as the fish is of legal size. Gaff hooks cannot be used to take or assist in landing any finfish shorter than the minimum sizes limit. Gaffs also cannot be used to take salmon, steelhead, sturgeon or striped bass.


What does new mandatory deer hunt reporting mean for hunters?
Question: I’ve noticed the California Department of Fish and Wildlife (CDFW) are now requiring all deer hunters to report their deer tags. Every person who is issued a deer tag must submit a report for the tag either online or by mail after the hunt, even if they did not hunt or did not harvest a deer. Does this new regulation mean that mandatory validation of all deer tags by an authorized individual is no longer the case? If not, why? Doesn’t mandatory reporting cover all circumstances, except for the poacher types? Given that we are required to participate in more and more validation reports, is it possible that down the line this information will be used to close a zone or severely limit tag numbers? Will more and more zones be transformed into draw only, such as what occurred with the B zone a few years ago? (Bill A.)

Answer: The reporting regulation did nothing to change validation requirements. Hunters have always been allowed to transport deer from the kill site to where it’s going to be validated and the tag must still be validated. Many folks are authorized to validate deer tags (see the current California Mammal Hunting Regulations booklet, pp. 2-13 for full list), but if one of those people are not available, the online reporting system will provide a number to at least prove that the tag has been reported.

According to CDFW Wildlife Programs Manager Craig Stowers, this is a harvest report (not a “validation report”). Successful deer hunters have always been required to report their take. However, due to hunter failure to report, tags picked up in the field and never sent in for processing, or even losses in the mail, we know darn well that we don’t get all the successful take reports.

Harvest information is an important component of population estimates, so you are partially correct in that this information is used to set tag quotas. California’s deer populations are stable, but given the high demand for tags, it is highly likely we will see more zones go to draws in the future. There is no system we could design and implement that will allow deer hunters to get any tag they want, whenever they want.

Here’s one example of how the harvest report system could help deer hunters: calculations of the hunter success ratios that so many hunters seem to use to make their hunt selections. Many hunters get tags they don’t use, but we used to include those hunters in the success calculations. This reporting system gives us a handle on that so we can provide tighter, better information than we ever have before.


Two anglers sharing one rod?
Question: If there are two guys with fishing licenses and they are fishing from shore, is it legal for them to share one fishing pole between them? If so, can both anglers continue fishing until they both get their limits of fish? (Kong C.)

Answer: This would be legal, but CDFW recommends that each angler have their own bags or stringers for the fish they catch in order to keep them separate. It is not legal for one person to catch their limit and then to continue fishing to help their friend get their limit. If each person keeps their own fish separate, there will be no confusion if asked by a warden to display the fish they’ve caught.


Eotech or red dot sights?
Question: Can I legally hunt deer in California with my Eotech Holographic sight on a rifle? Since it has a lighted dot but does not project a visible light outside of the viewfinder, I assume it would be legal but want to be sure. (Ken M., Redding)

Answer: As long as the sight does not emit a directional beam of light, then it may be used (Fish and Game Code, section 2005). The problem comes when a light is emitted out away from the rifle or bow sight to give the hunter what some would consider an unfair advantage over the game. A light might also substantially contribute to hunting before or after legal hours.

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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.

Is Boat Captain Responsible for Illegal Acts of Passengers?

Private boatQuestion: A friend of mine took some of his friends’ parents on his boat to go rock picking for abalone. Unknown to my friend, some of the parents picked extra abs and chose the biggest three of the lot to keep. It was clearly illegal and they were cited when they got back to the docks.

Since my friend was just transporting people out to the spot where they could find abalone, was he responsible for what they did once they got off his boat after rock picking? He doesn’t want his boat blacklisted. (Craig)

Answer: Typically, someone in your friend’s situation would not be cited for the violations of the passengers, especially if there is no question of who possessed the abalone. However, if the passengers claimed the abalone were not theirs, or if there were overlimits on board, an officer could cite everyone on the boat for jointly possessing the abalone. In this case, each person who violated the law was responsible for their specific violation. As far as the boat being “blacklisted,” the warden who made the case may pay special attention to this boat in the future because of the actions that took place in the past.

The best advice for your friend is to be educated on the fishing laws that pertain to the activity his passengers are engaging in, and to share this knowledge with the people on his boat.


What’s my recourse for wasted game citation?
Question: Yesterday I was cited for wasted game. My son and I were hunting Eurasian dove at a local feed lot in Southern California. I was approached by the wardens who did all of the normal checks, told us they were watching us from afar, then asked us if we had dropped any birds we didn’t retrieve. I said yes, one in a stagnant pond and one in amongst a herd of cows, which I tried to retrieve but the bird was wounded and flopped away into another pen. He asked why I didn’t retrieve it and I told him I’m broke (bad knees) and couldn’t get through the nasty stuff in the pens. I then sent my son in to push his way through the cows and he retrieved the bird for me in front of the warden. The warden checked to see that it was a Euro, which it was, I put it in my game bag and he still cited me for it. What if any recourse do I have when I go to court? (Jim R., Lake Elsinore)

Answer: Just tell the judge your story. However, since you shot these birds without making sure you were doing so in a location where you could retrieve them, and because your intention had been to let them lay where they landed because they were too difficult to go after, you did intend to leave them where they ended up … that’s “wanton waste” or “wasted game.”


Using a pressure washer to dig up clams?
Question: Can I use a pressure washer to dig geoduck and/or gaper clams? (Vuong M.)

Answer: No. Clams may be taken only on hook and line or with the hands. The only special provisions allowed are for the use of spades, shovels, hoes, rakes or other appliances operated by hand, except spears or gaff hooks (CCR Title 14, sections 29.10(a) and 29.20(c)). Pressure washers are not a legal method of take for mollusks.


Capture and keep rattlesnakes as pets?
Question: Is it legal to capture and keep rattlesnakes as a pet? I know it’s not smart, but is it legal? (Phil C.)

Answer: Yes, except for the red diamond rattlesnake where no take is allowed – so be sure you can identify your snakes! Before collecting anything, you should first check with your local animal control agency and police or sheriff regarding whether any local ordinances apply in your area. Under state law, all pit vipers (except for the five other California native rattlesnakes listed in California Code of Regulations Title 14, section 671(c)(7)(E)) are restricted species that may not be possessed without a permit. Keeping live, native rattlesnakes (except for the red diamond) is not prohibited by Fish and Game laws. No license is required to take or kill other rattlesnakes in California, but the daily bag and possession limit is two. The take of other species of reptiles and amphibians for pets requires possession of a sport fishing license. The daily bag and possession limits are provided in CCR Title 14, sections 5.05 and 5.60. And if you live with the city limits, you might want to check your city ordinances to determine whether possession of a venomous reptile is allowed.

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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.

Hunting Big Game using Cell Phones and Radios?

Hunting while using the assistance of cell phones and radios is legal in California but many don't consider it ethical (USFWS photo)

Hunting while using the assistance of cell phones and radios is legal in California but many don’t consider it ethical (USFWS photo)

Question: Is it legal while hunting big game to have a spotter guide a hunter to the animals using cell phones or radios? (Frank H.)

Answer: While it’s illegal in some states, it’s not in California. In states where it is banned, it is because they believe using radios and/or cell phones while big game hunting is not an ethical method of stalking and hunting wildlife. Currently, California has no such law and so radios and cell phones are legal.


Black Cod – Sable
Question: We occasionally venture offshore for albacore later in the season and are wondering if it is legal to sportfish for black cod or sablefish in deep water. We are talking about 800 feet or deeper waters using deep drop gear. We see commercial fisherman out there long lining for these fish. (Peter C.)

Answer: What you describe is not legal. There are six Recreational Groundfish Management Areas along the coast of California (see page 9 of the 2015-2016 Ocean Sport Fishing Regulations booklet). Depending on the management area, the depths range from approximately 120 feet to 300 feet. The only allowance for a recreational boat to possess groundfish, including sablefish/black cod, in areas deeper than allowed or closed to the take of groundfish, is when that boat is in transit with no fishing gear in the water (California Code of Regulations Title 14, section 27.20(b)). There are a few species exceptions, like Pacific sanddabs, which is why the angler must carefully read the section pertaining to the management area where he/she will be fishing.


Slingbow modification
Question: I have a few questions regarding using slingbows in my area and possible changes to my method. I want to get into slingbow fishing since spearfishing in freshwater is illegal in my area (San Luis Obispo County). Is it legal here in this county? And if so, is it restricted to above the water’s surface or can I shoot fish underwater using snorkel and mask?

Second question … If it is legal to use a crossbow underwater, instead of using arrows, would it be legal to shoot carp with a Hawaiian sling shaft from a slingbow if it’s attached to a line or reel? If not, is it restricted to arrow use only? (Anonymous)

Answer: Using a slingbow or crossbow underwater would constitute spearfishing and would not be legal as spearfishing is defined as “the taking of fish by spear or hand by persons who are in the water and may be using underwater goggles, face plates, breathing tubes, SCUBA or other artificial underwater breathing device” (CCR Title 14, section 1.76).

A slingbow would only be legal as bow and arrow fishing tackle if the arrow is attached to the slingbow by a line or attached fishing reel (CCR Title 14, section 1.23). But, in San Luis Obispo County, all public lakes have ordinances prohibiting possession of bow and arrow fishing tackle on or along these water bodies. So a slingbow with attached line/fishing reel could only be used on private ponds or lakes and only for fish species listed under section 2.25 on page 15 of the current Freshwater Sport Fishing Regulations booklet.


How to stop neighbors from leaving food and water for wildlife?
Question: What can be done legally to stop my neighbors from leaving food and water outside for animals? Raccoons and rats have invaded our homes and yards and are leaving unhealthy feces behind, tearing the fabric on our patio furniture and causing other problems. How can we get them to stop? (Sally S.)

Answer: Many people think they are helping wild animals when they provide food and water for them. However, all they are doing is luring the animals into conflicts with people living in the area. CDFW provides information about the inadvertent negative results on our website (search for “feeding wildlife”). You could start by educating your neighbor about the harm they are doing by providing them some of the information, and then hope that their heart is in the right place and they will stop. If the actions continue, some cities have passed local ordinances that make it illegal to feed wildlife, and CCR Title 14, section 251.1 makes it unlawful to harass wildlife (causing them to alter their normal behavior), which can include feeding them. Hopefully, educating your neighbors will preclude having to get law enforcement personnel involved.

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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.

Bass Fishing Beyond Limits?

Bass anglers competing in a CDFW-permitted fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Bass anglers competing in a CDFW-permitted bass fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Question: I was reading one of your responses to a trout fisherman’s question regarding continuing to fish and practice catch and release after he had five trout on his stringer. The short answer was no, because “…catch-and-release fishing is not legal unless you’re still under your maximum bag limit.” I’m a bass fisherman and if that’s the case, it would seem to conflict with me culling fish once a limit is reached in a tournament. Are we violating the law? (Jim V.)

Answer: You are correct that is most cases once an angler reaches their bag limit they cannot continue fishing. However, a special provision has been made for California Department of Fish and Wildlife (CDFW)-permitted and approved bass fishing tournaments to allow black bass anglers only during the tournament to keep fishing once five fish are in possession (California Code of Regulations Title 14, section 230). They must cull one of these fish immediately upon catching a sixth in order to never be in possession of more than five bass at one time.


Harvesting barnacles attached to floating driftwood?
Question: I read your answer recently about how barnacles cannot be harvested in the intertidal zone. Is there a way of legally obtaining Gooseneck barnacles to eat? When I’m way out in the ocean on a boat, I often see floating logs, driftwood and other debris. If it has been floating for a long time, more often than not I will find there are a large number of Gooseneck barnacles attached to the submerged side. Since they are not being taken from the intertidal zone (1,000 feet of shore), would they be legal to take? (Joe K.)

Answer: Yes, if the barnacles are attached to floating logs or driftwood, it would be legal and the limit would be 35 (CCR Title 15, section 29.05(a)). The only problem now is that for much of the debris off our coast that has been in the water long enough to have large numbers of Gooseneck barnacles, there could be health concerns if the wood originated in Fukashima, Japan, due to the possibility of contact with radioactive materials. You’d want to carefully consider how badly you want to harvest those barnacles!


Hunting with a depredation permit
Question: I have several related questions regarding hunting. If I have a pig depredation permit, can I legally carry a firearm and a bow while hunting deer during the archery season? Does the person who helps me with my pig problem need a hunting license? Lastly, is there an expiration date on a depredation permit? (Bill)

Answer: When deer hunting during an archery season, you may not possess a firearm of any kind.

Regarding the pig depredation permit, if you are listed as one of three allowed designated shooters on the permit, you may remove property-damaging wild pigs under conditions listed on the permit. All depredation permits have an expiration date listed on them. Someone “assisting you” with the depredation permit should also be listed as a designated shooter. No hunting license is required for a person authorized under a depredation permit. The person assisting you has to be at least 21 years old and may not have a conviction of wildlife law in the past 12 months.


Bringing a stuffed polar bear mount into California?
Question: A relative of mine owns a stuffed polar bear which is currently located in Idaho at my uncle’s house. I have another elder relative who would like to take it but is not able to drive that far to pick it up so he asked me to do it. However, I am concerned because I’m not sure about the laws and regulations for this kind of thing for simply picking it up in Idaho and bringing it to California. What are the laws and am I able to do this? (Andrew M.)

Answer: So long as you comply with the declaration requirement in Fish and Game Code, section 2353 and have no intent to import or possess the polar bear for commercial purposes, you are not prohibited from transporting it into California. Importations for commercial purposes, possession with intent to sell, and the sale within California of any part of a polar bear is prohibited (Penal Code, section 653o). In addition, the sale, purchase or possession for sale of any bear or bear part in California is prohibited (Fish and Game Code, section 4758).

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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.

Fishing With Glitter May Bring More Than Big Fish

CDFW photo by marine biologist Derek Stein

(CDFW Photo by Marine Scientist Derek Stein)

Question: I have been studying up on different methods of spear fishing while free diving and have read about the use of “glitter” as an attractant for bait fish. I have an idea to sprinkle glitter in the water so that when the bait fish come to investigate, the large game fish will follow and be caught as they attack the bait fish!

What are your views and the legal ramifications of this method? I understand chumming is not legal for taking game animals in our state, but the use of artificial lures is. With my idea the game fish would not be chummed by this method but instead just attracted by the collection of bait fish. If this method actually works, would it be legal? (Theodore G., Stockton)

Answer: You have an innovative idea there. Unfortunately, even if your plan to lure unsuspecting fish to you by sprinkling shiny, sparkling glitter in the water were to work, you could be cited for doing so. Placing glitter in the water is littering and is prohibited under Fish and Game Code, section 5652.

The activity you describe would be considered chumming and chumming is defined as “placing any material in the water, other than on a hook while angling, for the purpose of attracting fish to a particular area in order that they may be taken” (California Code of Regulations Title 14, section 1.32). Chumming in the ocean is allowed (as long as the chum is not considered to be litter), but chumming in freshwater is typically not permissible except in specific areas and for certain fish species (see CCR Title14, section 2.40).


Prohibited from retrieving deer from private property
Question: I recently shot a doe with my A31 tag in Los Angeles County (Archery Only-Either Sex). It appeared to be a lethal shot from 22 yards with decent shot placement. I tracked the blood to a privately owned ranch 100 yards away. I stopped tracking it when it appeared she went onto the ranch property. I then approached the ranch manager to get permission to continue tracking my deer. The owner initially agreed but after one of her coworkers talked to her, she retracted her permission (approximately 10 minutes from the time we spoke in her office). She requested that we leave her property at once as she didn’t want people to think they approved of hunting. I didn’t have enough time to locate my deer and left broken-hearted.

I don’t like seeing animals die or suffer for no reason. I would never have shot if I would have known I couldn’t recover her. I believe I did everything legal and correct but it shouldn’t be right that a deer goes to waste because of the bias of a property manager.

Is there anything I could have done to recover my deer? Do I have any rights or is there anyone I could have contacted? I’m still sick over the situation. (Luke G., Loma Linda)

Answer: It’s unfortunate that this happened. Although the law prevents one from wasting the deer, the law does not permit the trespass to retrieve it. Perhaps, if you’d contacted the local game warden, they may have been able to contact the ranch manager or owner for some possible assistance to prevent the deer from going to waste.

According to California Department of Fish and Wildlife (CDFW) Lt. Todd Tognazzini, when archery hunting it is recommended to hunt farther from private property boundaries to avoid this type of problem as deer taken with archery usually travel farther after a lethal wound than those shot with a rifle. Tognazzini says he has never been refused when a fresh and legitimate blood trail is found leaving public land onto private property.


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).

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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.