Category Archives: Sharks

Hunting exotic ranch animals on private lands?

Non native animals kept behind confining fences are not classified as either game or nongame wildlife. Thus, no hunting regulations apply. (Photo by Carrie Wilson)

Question: What is the law in regard to hunting “exotic ranch animals” on private lands? I see an advertisement for hunts (pigs, goats, etc.) with no tags or licenses required. These hunts are offered 24/7 year-round. How can this be legal? (Monty S.)

Answer: Imported animals that are not native to California and that are put behind a confining fence are not classified as either game or nongame wildlife. They are considered domestic animals/livestock and are not covered by state Fish and Game laws, so hunting regulations do not apply and no hunting licenses or tags are required.

Feral (domestic animals that have reverted to the wild) goats and a number of other species that have become wild in California are covered under nongame laws (California Code of Regulations Title 14, section 472). A hunting license is required to take any nongame animals listed in this section.

Most of the hunts you describe would fall into the first category. These are generally referred to as “canned” hunts where the animals are turned loose in an area or enclosure where they cannot escape or become feral. In this case, it is not considered hunting and so no license or tags are required. There have been some cases where prohibited species, such as tigers, have been brought unlawfully into California for canned hunts. If the exotic animal is not a prohibited species and not covered under section 472, then hunting licenses and tags are not required.


What to do with banded waterfowl?
Question: This past weekend a banded speckled-belly goose was taken at my duck club. I’d like to report this banded bird to the authorities. The time, date and place, as well as the tag number seem obvious to report. Is there any other information needed, and who should I report this band to? (Larry L.)

Answer: Since waterfowl are migratory, the U.S. Geological Survey has the responsibility of collecting and analyzing all banding information. Government and private sector scientists and waterfowl managers tag and monitor migratory waterfowl every year. This banding information helps them to assess population numbers and track their movement patterns. You may also be asked to provide information about weather and any other waterfowl the goose was flying with when taken. Please go to http://www.reportband.gov to report banded birds.


Target shooting and hunting on private property?
Question: I live on 20 acres out in the country and am thinking about purchasing a .22 rifle so that I can target practice or maybe even hunt on my land. Is it legal for me to do this? (Jerry M.)

Answer: Generally, if you live in an unincorporated area, you may discharge a firearm. However, we strongly recommend that you first check with your county sheriff’s office before doing so as there may be county ordinances that prohibit discharging firearms in your particular area.

To hunt on your property, you still must have a valid hunting license. If you don’t already have one, you will need to first take a hunter education course. In addition, even if hunting on your property, you must still remain at least 150 yards (450 feet) away from any of your neighbors’ houses, barns and outbuildings, etc unless they have given you permission to hunt closer.

A .22 caliber rimfire rifle is only legal for a few species, such as rabbits, squirrels and some nongame species. With few exceptions, all federal and California fish and game laws are in effect on all properties no matter whether they are public or private lands.


Shark spear fishing from a kayak?
Question: Is it legal to spear leopard sharks from a kayak with a pole spear (better known as a Hawaiian sling)? I know I can legally fish for them here in the Morro Bay area, and I’ve read that the rules and regulations for fishing also apply to spear fishing. But, can I actually spear them while sitting in my kayak? They cruise about six to 12 inches below the surface while about five to 20 yards off shore. I’ve seen many of these sharks measuring five feet long and know that I’ll probably need to enter the water with the shark after it has been speared in order to land it. Nevertheless, I believe I can do it. Please let me know if this is legal. (Dan W., Morro Bay)

Answer: Yes, with the exception of white sharks, it is legal to spear sharks from a kayak (California Code of Regulations Title 14, sections 28.90 and 28.95). Leopard sharks have a bag limit of three and a minimum length requirement of 36 inches.

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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.

Hunting From a Boat?

Question: Is it legal to drift down or anchor a boat in a river to waterfowl hunt? The river is surrounded by unincorporated, privately owned farmland on each side with the occasional home or barn visible from the water. I know you cannot discharge a firearm within 150 yards of a dwelling or near a public road and I know that all motors must be out of the water. Would drifting be considered forward motion? Should I contact the Department of Fish and Game (DFG) to inquire about the specific stretch of river I would like to hunt? (Michael K.)

Answer: It would be legal to drift down with the current or anchor a boat in a river to hunt waterfowl so long as you entered the area legally and were on navigable waters. According to DFG Game Warden Todd Tognazzini, hunting may not occur while boats are under power or under the influence of power (e.g. gliding from powered forward motion even after ignition is turned off). Only human or current powered forward motion is allowed while hunting (ref. F&G Code 3002).

The distance required from a residence or other occupied dwelling is 150 yards and if the adjacent private land is fenced, or cultivated, or posted with no trespassing signs at 1/3 mile intervals, you would not be able to legally enter those lands even to retrieve a downed duck or goose. For specific questions about a particular body of water it would be a great idea to contact the closest DFG regional office.


Did DFG Replant a Baitfish?
Question:When the Lake Davis poisoning project was completed, did DFG replant a baitfish population as well as restocking the trout? If so, what baitfish were replanted? Thanks. (Dale S.)

Answer: No, a baitfish population was not put into Lake Davis after the chemical treatment to eradicate northern pike. According to Lake Davis Project Manager Randy Kelly, Lake Davis has very good populations of insects, crayfish and other invertebrates that have supported excellent trout fishing in the past and should continue to do so into the future. Baitfish were not native in that drainage and bullhead, bass and pumpkinseed are still in the reservoir. The chemical treatment was done at a concentration that was adequate to eliminate all the pike and trout, which are more sensitive than the above warm water species, but was not at a high enough concentration to kill all the above mentioned fish that survived in the lake.

Use of live or dead baitfish is generally prohibited in the Sierra District, which includes Lake Davis, except as provided in Section 4.30 of the Fish and Game Regulations. Lake Davis should provide excellent trout fishing after ice out (when the surface covering of ice on the lake thaws) in the late winter or early spring of 2009. About one million trout ranging from fingerling size (three to five inches) up to 18 pounds were restocked in the reservoir and surrounding tributary streams after the treatment to eliminate pike. Fishing was very good in 2008 and should be excellent in 2009.


Is it Legal to Spear or Harpoon a Shark?
Question: We often see sharks swimming on the surface and sometimes they even freely swim up right next to our boat. I know it’s legal to spear and harpoon most sharks, so my question is would it then also be legal to catch them with a gaff if they are within easy reach with a gaff pole? (Steve S., Carlsbad)

Answer: No, free-gaffing is not a legal method of take for any species of sharks. While the regulations allow for the take of sharks (except white sharks) with spears, harpoons, and bow and arrow fishing gear (Section 28.95), a gaff may not be substituted for a spear or harpoon. In addition to those devices, the law (Section 28.65) allows for sharks to be taken by hook and line or by hand (although “by hand” doesn’t sound like the wisest method to me).
(A gaff is any hook with or without a handle used to assist in landing fish or to take fish in such a manner that the fish does not take the hook voluntarily in its mouth [Section 28.65(d)]).


It Is Illegal to Post Signs on Land You Do Not Own
Question: I’ve been finding some of my favorite hunting areas now have “No Hunting” signs hung on the fence lines. The problem is these signs are being posted by people who don’t even own the land! This has got to be illegal but I’m not sure what the regulations actually say here. Can you offer us some help? (Jack L.)

Answer: It is illegal for someone to post any sign prohibiting trespass or hunting on any land unless authorized by the owner or the person in lawful possession of the property. By the same token it is also unlawful for any person to maliciously tear down, mutilate or destroy any sign, signboard or other notice forbidding hunting or trespass on land (ref. FGC Section 2018.)

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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.

Is Shooting Sharks Legal?

Question: A friend of mine went out Thresher shark fishing this week off of Newport Beach in his relatively small boat, but didn’t catch any. I asked him what in the heck he would have done if he’d hooked one because I think it would have been too big for him to safely land it. He said he was going to bring it up to his boat, SHOOT IT, and then drag it home. Is shooting a shark legal? And is it legal to have guns on a boat at all? What about using a bang stick? I know the laws on traveling with a firearm and safe storage of a gun and all that jazz, but I’ve never heard of any laws pertaining to possession on a boat on the ocean. What’s the law on this? (Mark S.)

Answer: Sport fishermen may take sharks by hand, hook and line, spearfishing, spear, harpoon or bow and arrow (ref. Sections 28.65, 28.90 and 28.95.)

Firearms are not a legal method of take for sharks, so a gun can’t be used to assist in the taking or landing of a shark. A bang stick would be considered a firearm in this case, and would therefore not be a legal method of take for sharks either. However, if a shark is already in the person’s possession (in the boat), the DFG does not regulate how it is killed. For safety reasons though, I would hope that you would choose to use another method.

In regards to the legality of shooting a firearm from your boat, it would depend on your location, what county/city you are in, and how far offshore. In general, no city allows you to discharge a firearm in their jurisdiction. A person would have to contact the city/county law enforcement office that has jurisdiction over the area they are fishing to determine how far off-shore they would need to be.


Is It Legal to Carry a “Snake Charmer” Gun to Kill Rattlesnakes?
Question: I encounter rattlesnakes every couple of days on the roads I travel and am wondering if it is legal to carry a .410 “snake charmer” gun with me to kill them? The snakes are usually on the side of the road and I collect their rattles. I keep the gun unloaded at all times, of course, but I know most of the surrounding property owners and they don’t want the rattlesnakes around on their ranches either. Is what I’ve been doing all legal to do? Thank you. (Brian)

Answer: Rattlesnakes may be taken by any method and the daily bag and possession limit for them is two (ref. CCR, Title 14, Section 5.60[a]).

Regarding your “snake charmer,” you must be off the road/highway to discharge your gun. If you shoot a firearm from or upon a public road or highway, you will be guilty of a misdemeanor (ref. Penal Code Section 374c). It is also unlawful to intentionally discharge any firearm … over or across any public road or way open to the public, in an unsafe manner (ref. Fish & Game Code, Section 3004[b]).

Trespassing on private property which is fenced or posted (with signs three per mile and at entry points) or under cultivation is against the law unless you have written permission from the property owner (ref. Fish & Game Code, Section 2016). There could be additional regulations within your county regarding the discharge of firearms, so you should contact the local Sheriff’s Department.

One point I’d like to add though is that although many people don’t like rattlesnakes and will kill them immediately upon sight, rattlesnakes do serve an important ecological purpose by helping to control rodent populations. Ground squirrels, mice and other rodents can become terrible pests in the absence of predators, and predators are an important and major key to helping to keep rodent populations in check.


How Do Biologists Deal With the Spread of Quagga?
Question: I’ve followed the issue of the spreading Quagga with great interest. I understand the diligence needed to curb this spread but wonder about migrant birds that fly from lake, to aqueduct, to lake, to stream. Is there a logical way in which a marine biologist could address this issue? (Mike S., Simi Valley)

Answer: While it is biologically possible for the transmission of Quagga or Zebra mussel propagules by wildlife or birds, such translocation is not considered significant. According to Invasive Mussel Control Coordinator, Breck McAlexander, he isn’t aware of any way that could completely eliminate this type of movement. However, he thought transmission from wildlife and birds is considered a much lower risk of an eventual new infestation than the greater potential for human-caused spread of invasive Eurasian mussels. He said that this has occurred and can occur in the future from contaminated watercraft or water deliveries. Fortunately, we do have some control over those. Education and vigilance are paramount to prevent this from happening throughout the western U.S., McAlexander said.

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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.