Category Archives: Diving

Is a Loaded Firearm in a Parked Car Legal?

Posted on November 18, 2010 | Leave a comment

A loaded firearm in a car is illegal at all times (DFG photo)

Question: Is it legal to have a loaded firearm in a parked vehicle while hunting? (Scott D. Beyer)

Answer: No. Possessing a loaded rifle or shotgun (live round in the chamber) in a vehicle, even when parked and you are away from your vehicle for any purpose, is still prohibited (Fish and Game Code, section 2006). This law applies when you are upon or along a public roadway or other way open to the public. This means any place the public can go, including roadless or “off road” areas.

Deer validation requirements?
Question: I just went through the validation part of the Department of Fish and Game site and can’t locate the following requirement. What happened was a friend stopped Saturday at a California Highway Patrol office to have his deer tag validated. The carcass was in the truck in a deer bag and the horns were cut off. The officer told him he was in violation of the law as the head MUST be attached to the deer until dropped off at a butcher shop or cut up at home. I’ve never heard of this before in California. Is this the case? If so, it’s a severe imposition on successful hunters. The book says the head must be retained in case a warden asks to see it after the fact, but what if you want it mounted and must skin it as soon as possible? I cannot locate anything referring to the horns attached issue. Why not require proof of sex be left on the carcass instead? (Bill A.)

Answer: For hunters who backpack into roadless areas, they are required to pack out of the field all edible meat and the portion of the head which normally bears the antlers (skull cap) with the tag attached. The remainder of the skull may be discarded at the kill site. The tag must be filled out and attached to the antlers prior to transportation to the nearest person authorized to validate the tag. Hunters are then required to maintain the portion of the head which normally bears the antlers with the tag attached during the open season and for 15 days thereafter, and it must be produced upon demand to any officer authorized to enforce the regulations (California Code of Regulations, Title 14 sections 708(3)(4) & (5) and FGC sections 4302, 4304 & 4306).

Keeping Dungeness crab females?
Question: I see on many websites that you cannot take female Dungeness, but I see in the regs no comment about females. Have the rules changed now allowing females can be kept? (E.J. K.)

Answer: Recreational fisherman may keep the female Dungeness crab – commercial fishermen must throw them back. Since the females are often so much smaller and less meaty than the males, many fishermen toss them back so they can reproduce more young for future generations. The larger females that meet the minimum size requirements also carry the most eggs and produce the most young, so it makes sense to let females go as a matter of course. However, there is no law that compels you to do so.

Why no fishing license displays?
Question: Can you tell me the reason why anglers are not required to display their fishing licenses anymore? How are wardens supposed to catch poachers and unlicensed people? I know we have fewer wardens than needed, but this just makes their job harder and decreases revenue for the state in the form of fines. (Danny F.)

Answer: The Fish and Game Commission agreed to do away with the required display law this year because fishermen have been asking for it to be overturned for a number of years. People were constantly complaining about losing their licenses or finding it to be a big hassle. Our enforcement staff too said this law didn’t help them that much because they still had to walk up to the person to see the license to make sure it was valid. Many people were making copies of licenses and displaying the illegal license while fishing. The theory that more people would purchase a license due to peer pressure did not prove to be true. Many people would be upset when a game warden asked to see the license because it was already visible, yet the only way to check if it was valid was to have it removed from the case.

While it may cause a decline in fine revenue, it was the predominant voice of the anglers in California to not have to display their licenses above their waist anymore, and so the Commission finally agreed. Although it’s no longer the law, many anglers do still choose to proudly display their licenses.

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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 Bag Limits/ Possession, Deer Hunting, Diving, Fines/Penalties/Citations, Firearms/Ammunition, Fishing, Info, Licensing/Permits/Stamps/Report Cards, Methods Of Take, Other, Regulations, Taxidermy, Transporting Taken Animals

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When is a duck not a duck anymore?

Posted on November 11, 2010 | Leave a comment

Mallard drake (Photo ODFW)

Question: During waterfowl season, I would like to hold onto as many birds as I can so that I can mount those birds that are in the best shape. But at what point does a duck go from being a duck in my possession to a carcass for mounting? Does a skinned-out bird count as one duck toward that season’s bag limit? Do birds in the freezer from last year count toward this season’s bag limit? Do mounted birds count toward my possession limit? I would like to know what the regulations are and abide by them. (Brian Porter)

Answer: According to Department of Fish and Game (DFG) Assistant Chief Mike Carion, generally, Fish and Game laws and regulations prohibit a person from having more than the bag or possession limit prescribed for each species. You may not keep game for longer than 10 days following the season, unless you have a valid hunting license (or a copy) for that species that was issued to you or to the person who donated the birds to you. The license must have been issued for the current or immediate past license year. Possession limits apply to each person in the household whether they were the taker of the game or not. As long as you do not possess more than the legal possession limit for each person living at the residence, you will still be in compliance with the laws.

If you plan on mounting birds for another person, you will be required to obtain a Federal Taxidermy Permit (Code of Federal Regulations (CFR) Title 50, section 21.24) and will be required to tag all birds belonging to someone else (specific requirements can be found in CFR Title 50, section 20.36). In addition, you must keep accurate records of who you obtained the birds from, date taken, species and who you deliver the bird to. (Fish and Game Code, section 3087 and California Code of Regulations (CCR) Title 14, section 695).

As far as at what point a duck is no longer a duck and instead a carcass for mounting, under DFG laws, “bird” means any wild bird or part thereof. A feather, bone, webfoot, etc. from a wild duck is always a bird. Once you remove, consume or otherwise use the edible portions of the bird, the bird would no longer count toward your possession limit for the season. As long as you have the edible portions of the bird, it would still count toward your possession limit.

Once you skin out a duck and remove all of the edible portions, the edible portion remains part of your possession limit while the remainder of the carcass can be kept for taxidermy without counting toward your possession limit.

Keep in mind that birds still in the freezer from last year DO count toward this season’s possession limit, but mounted birds that were legally taken and preserved by taxidermy are not counted in either the bag or possession limits.

For more information, please see Fish and Game Code, sections 22, 2001 and 3080, available online at http://www.dfg.ca.gov/enforcement/.

Legal method to take rock scallops?
Question:What is the legal method of take for rock scallops and are there any size limitations? Am I allowed to SCUBA dive for rock scallops? (Lee C.)

Answer: You may use SCUBA to take rock scallops. The daily bag and possession limit is 10 rock scallops per person and there are no size limits. They may be taken by hand or by using dive knives or abalone irons. The regulations that discuss legal methods for taking rock scallops are located in your current 2010-2011 Ocean Sport Fishing regulations booklet in section 29.05(d) (page 52) and section 29.60(b) (page 55).

Can filling guzzlers be considered baiting?
Question:I have a question concerning water for guzzlers. I’ve always assumed it was okay to add water to dry or nearly dry guzzlers, but an incident occurred to a friend of mine in early summer that has me wondering. He was adding 50 gallons to a dry guzzler when a hiker came up to him and told him what he was doing was illegal, mentioning that he could be cited for baiting wildlife. I find that hard to believe, but figured we better check it out with DFG. Are there any laws against adding water to dry or nearly dry guzzlers? (Gerald O.)

Answer: There are no fish and game laws specifically prohibiting adding water to a guzzler or other area where wildlife may gather to drink. In fact, there is a very active volunteer effort addressing this in Southern California. There are some restrictions, though, so please check CCR Title 14, section 730 to ensure that your activities are legal.

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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 Bag Limits/ Possession, Deer Hunting, Diving, Info, Licensing/Permits/Stamps/Report Cards, Methods Of Take, Other, Taxidermy, Transporting Taken Animals

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Using SCUBA to photograph abalone divers?

Posted on June 16, 2010 | Leave a comment

Red abalone (Photo by DFG Marine Biologist Derek Stein)

Question: I would like to photograph abalone divers diving but I need to use an air tank to obtain the imagery I want. How can I go about this without getting in trouble with Department of Fish and Game (DFG)? (Andrew B., Salt Lake City, UT)

Answer: It is legal for you to photograph abalone freedivers while you are using a tank, as long as you observe a couple of regulations.

According to DFG Associate Marine Biologist Ed Roberts, the California Code of Regulations Title 14, section 29.15(e) prohibits the use of SCUBA gear or surface-supplied air while taking abalone. If you are using a tank while photographing abalone freedivers, you cannot assist them with taking abalone. You cannot help them pop abalone off the rocks, or spot abalone for them, or do anything else that could be construed as giving assistance in taking abalone. In addition, under this section the possession of abalone is prohibited aboard a vessel that also contains SCUBA gear or surface supplied air. This means you will have to use a separate boat – you cannot board the same boat the abalone freedivers are using while you are using SCUBA gear.

Can mice be used as bait?
Question: Is it legal to use mice as bait for stripers and bass? (Chris M.)

Answer: Despite the fact that there are many artificial lures on the market that look like mice, real mice may not be used in inland waters. Only legally acquired and possessed invertebrates, mollusks, crustaceans, amphibians (except salamanders), fish eggs and treated and processed foods may be used for bait (CCR Title 14, section 4.00). In ocean waters, there are no restrictionson using mice as bait for stripers.

Are 12-gauge BB shotgun shells considered non-lead?
Question: Are 12-gauge BB shotgun shells considered non-lead? Am I able to hunt coyotes with them in the lead-free area? I have not been able to get a clear answer to this question and others regarding the lead-free area. Per regulations, wardens are able to confiscate ammunition from hunters, but can I really be fined for using the wrong ammo if there is no clear information available? Which portion of the law allows items (including muzzle-loading rifles) to be confiscated under suspicion of shooting leaded bullets? I am not trying to get around the law, but I want to understand it so I don’t get in trouble by accident. It seems the law is not well-defined and has caused much confusion. (Colin K.)

Answer: Yes they are considered lead. No you cannot use them in the lead free area. The California Fish and Game Commission defines a “projectile” as any bullet, ball, sabot, slug, buckshot or other device that is expelled from a firearm through a barrel by force. It is illegal to use any projectile that contains more than 1 percent lead for hunting big game or nongame within the affected area. This includes centerfire as well as blackpowder/muzzle-loader and rimfire projectiles. Additionally, for hunting nongame, “shot” and “pellets” are considered projectiles, and lead in these projectiles is prohibited as well.

Shot made from any material other than lead (e.g., steel, bismuth or other non-toxic substances) are not prohibited by this law and may be used in the lead-free zone to take coyotes and other wildlife as authorized in the regulations.

Game wardens are authorized to seize not only ammunition but any other item (including firearms, vehicles, clothing, game, etc.) that may be necessary for evidence in court. The authority to seize evidence is not found in the Fish and Game Code but is found within various federal and state laws and court decisions regarding arrest, search and seizure.

Non-lead ammunition zone information can be found at www.dfg.ca.gov/wildlife/hunting/condor/. The site is frequently updated with new information. The site also contains answers to many commonly asked questions, such as your question regarding the use of BB-size shot.

Treble hooks legal for rockfish?
Question: Is it legal to use a treble hook while fishing for rockfish south of the 40.10 line? (Kevin M.)

Answer: Yes. You may use no more than two hooks (a hook is a single hook, or a double or treble hook with multiple points connected to a common shank) and one line (CCR Title14, section 28.55 (d)). If, however, you have salmon on board, then you may only fish with salmon gear. Salmon gear consists of no more than two singsingle point, single shank barbless hooks when fishing for salmon or when salmon are on board (CCR Title14, section 27.80 (a)(2)).

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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, Bait, Diving, Firearms/Ammunition, Recreation, Tackle

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