Category Archives: Waterways

Hunting wild pigs over bait on a licensed game ranch?

Posted on September 23, 2010 | Leave a comment

Photo: ©Carrie Wilson

Question: Can you hunt feral pigs (a.k.a. wild hogs) from a stand over bait, if it is on a completely enclosed, high fence, licensed game ranch? I was offered such a hunt and the landowner said I wouldn’t even need pig tags. Although it’s allowed in other states, I didn’t think it was legal to do in California and so I didn’t pursue it. Would it be legal if the rancher had released his own domestically bred pigs to run wild, as he is doing legally with other exotic game animals? (Anonymous)

Answer: No, it is not legal to hunt feral hogs over bait. However, if domestic swine are released into an area enclosed by escape-proof fencing, the pigs retain their status as domestic livestock and are neither feral nor game mammals protected by Fish and Game laws. Based upon your description, this would not be hunting but instead killing domestic animals owned by the rancher. If this is being advertised as “wild hog hunting” and sold as a hunt, there may be issues regarding violations of California Business and Professions Code. (182 words)

Fishing in the aqueduct?
Question: Is it legal to fish in the California Aqueduct system? (Thomas T.)

Answer: Yes, it is legal to fish in certain areas but not legal to trespass. Some of these areas are fenced or posted to keep folks out. Many people fish for stripers in the aqueduct. Check the regulations for where you may fish.

What’s the fine for fishing in an MPA?
Question: I was recently cited for fishing in a Marine Protected Area (MPA). I wasn’t familiar with the area and went into the MPA unintentionally and fished. I am not denying that I did but am wondering what the penalty can be for that? (Mike G.)

Answer: You can look up the bail and penalty schedule for the code section you were cited for at www.courtinfo.ca.gov/reference/documents/2009_jcbail.pdf to see the penalties listed, but it is entirely up to the court what fines are imposed. Keep in mind too that with the additional court fees and other processing costs that come with each ticket, your total may be double what the bail schedule calls for.

Retrieving confiscated property after a violation
Question: When a person is caught in the act of a violation, given a citation to appear in court, and then has his equipment (firearms, rods, reels, camping gear, vehicles, etc.) confiscated, can the property taken by the game wardens ever be retrieved? What if charges are then dismissed by the Superior Court judge? If the citation lists the model number and brand name as evidence, can the equipment taken by the officers then be retrieved?

Do the DFG officers have the ability to take equipment home for themselves if the person that committed crime never tries or gets the chance to get their property released back to them?

Otherwise, after a certain amount of time, is all confiscated property sold in public auction? If so, when and where does this take place and is there a website? Is there an itemized list of what’s available and/or the prices if not sold by auction? (DMB, West Sacramento)

Answer: Once the case is adjudicated, the judge decides to have the gear either returned to the defendants or forfeited to DFG. If the judge forfeits the gear to DFG, then there are two options: If the gear is in poor condition and not safe to use, it is destroyed; if it is in good condition, it may be distributed to our scientists or game wardens in need of equipment for use in the field, and for work-related use only.

For all other gear confiscated and not returned to defendants as ordered by judges, DFG basically has three options: 1) put the gear into work-related use, 2) destroy it, or 3) sell it at a public auction.

Confiscated fishing gear is usually donated to DFG’s “Fishing in the City” or “California Fishing Passport” programs for use by the public during promotional fishing events. All confiscated firearms not returned by the courts are ordered by law to be destroyed unless they have collector value, in which case they may be donated to a museum or educational facility for display. Public auctions for confiscated gear are not frequently held, but when they are, DFG is required to provide public notice through local newspapers.

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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 Fines/Penalties/Citations, Fishing, Hunting, Info, Marine Protected Areas (MPAs), Methods Of Take, Waterways, Wild Pigs

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If I own the land, do I need to be drawn to hunt it?

Posted on July 29, 2010 | Leave a comment

 

Question: I was looking into buying some land in California to use for hunting, but someone told me that even if you owned the land, you would still have to be drawn to hunt it. Were they correct or full of it? In Texas and in most other states, you can hunt on your own land. (Mitch, Southern California)

Answer: Yes, it’s true. The wildlife belongs to the State of California and not to the landowner who owns the land they may be residing on or passing through.  Under the provisions of a Private Lands Management program (PLM), however, landowners can improve their property to benefit wildlife, and in return receive additional tags that they may sell or use themselves. These tags may also allow them additional hunting rights that begin before or run after the regular hunting seasons and that allow additional cows, spikes or bucks to be taken.

To learn more about the PLM program, please go to www.dfg.ca.gov/wildlife/hunting/plm.html.

Why do silvers need to be thrown back?
Question: While fishing yesterday, we boated very few “keeper” king salmon but caught and threw back several good sized silvers. The skipper said they are not endangered, just protected. The explanation I got was that the state does not want to pay hatcheries to raise them so that’s why we can’t keep them. The problem is, by the time you bring them up from 75 to 100 feet, de-net and unhook them, they are tired and almost dead … but we still have to throw them back. What a waste of resources. Do you have any information on that? DFG requires the same thing for certain species of rockcod — we have to throw them back even if they are dead. (Bob C.)

Answer: According to Department of Fish and Game (DFG) Senior Marine Biologist Melodie Palmer-Zwahlen of the Ocean Salmon Project, both California coastal coho (endangered) and northern California coho (threatened) are indeed listed under the Endangered Species Act and the retention of coho (marked or unmarked) in any California ocean fishery is specifically prohibited under the National Marine Fisheries Service’s recovery plans for these stocks. Although some of the coho currently being contacted in California waters may be from hatcheries in Oregon and Washington, our own stocks are so depressed that it’s not possible to allow a direct take at this time. We do have several hatcheries currently spawning coho as part of a captive broodstock program specifically designed to enhance California coho populations.

Sport anglers can help by fishing nearshore and using larger lures to reduce coho encounters. In addition, since coho can be identified by their white gums, coho should be shaken off the hooks while still over the water and not netted or brought onboard. If the fish is hooked deeply, the angler should simply cut the line.

Can someone receiving abalone as a gift be cited?
Question: If someone gifts abalone that are tagged but the tags are filled out improperly (or not at all), who gets the ticket, the person with the abalone or the original pickers?

Answer: Both individuals can be cited. The individual who took the abalone can receive a citation for failing to tag abalone or improperly tagging abalone. The individual who receives the abalone can be cited for unlawful possession of abalone that are not tagged or improperly tagged. (Fish and Game Code, section 2002).

Legal to fish from the dam?
Question: Shasta Lake is so full this year and I am wondering if there are any laws against or regulating fishing from the dam. (Charlie K.)

Answer: It’s unlikely, but check with the folks who manage and operate Shasta Lake and Dam to see what their policies are. DFG does not make or regulate these laws so such restrictions would come from the lake and dam managers. Boaters and anglers used to be able to boat right up to the ends of the dam wall, but because of concerns for homeland security since the 9/11 terrorist event, this is no longer allowed.

Hunting big game with a cow decoy?
Question: I know that cow decoys may not be used for hunting birds.  Does this also apply to hunting deer or other big game? (Brent N.)

Answer: No, it is not prohibited when taking mammals (FGC, section 3502 ). There are no Fish and Game laws or regulations on the books regarding using any type of “blind” when taking mammals.

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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 Abalone, Catch & Release, Decoys, Fines/Penalties/Citations, Fisheries Management, Fishing, Private Land, Waterways

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If the fish will die anyway, shouldn’t I keep it?

Posted on July 15, 2010 | Leave a comment

Question: If I catch an undersized fish that swallows the hook so deep that it starts to bleed from the gills, should the fish still be released even though it will most likely die? If I do keep the fish under these circumstances, how could I prove to a game warden that I didn’t want to waste the fish because it was going to die anyway? (Eddie H.)

Answer: Unfortunately, even if your fish is undersized and going to die anyway, you must still return that fish immediately. It won’t be wasted as it will go into the food chain as nourishment for other fish, invertebrates, and maybe marine mammals and birds. The bottom line is you cannot keep any fish that does not meet the minimum size requirements. If you deeply hook an undersized fish, it is best to not lift the fish out of the water and to quickly cut the line as close to the mouth as possible.  Fish are more likely to survive with the hook left inside than if you try to dig it out, tearing the gills or stomach in the process.

Am I trespassing?
Question: I have been hiking upstream though a riverbed to fish the Sespe River in the Los Padres National Forest. A man who thinks he owns the river told me that I’m trespassing. What are my rights and what is the best way to show him I know it is my right to stay on the river in order to pass through “his” property? (Kyle L.)

Answer: It is possible that the man is accurate and you are trespassing. According to Department of Fish and Game Ret. Captain Phil Nelms, generally, surface water belongs to the state but stream and lake bottoms and shorelines are often in private ownership. Property rights questions are only minimally covered in California Fish and Game laws and the circumstances you describe are not included. You will probably need to speak with an attorney or other person licensed to provide legal advice for a solution you can rely on with confidence.

Why no nocked arrows?
Question: Why will I get a citation if I have a nocked arrow in or on a vehicle?

Answer: The regulations say no person may nock or fit the notch in the end of an arrow to a bowstring or crossbow string in a ready-to-fire position while in or on any vehicle (California Code of Regulations, Title 14 section 353 (i)). It is as much the DFG’s role to promote hunter safety as it is to promote hunter ethics.  Hunters have been seriously wounded by nocked arrows in vehicles. It is not very sporting to shoot an animal from a vehicle, nor does it make for the most accurate placement of the arrow.

Can I hang chum from a buoy to attract fish?
Question: If I am trying to attract fish to a spot to fish them, can I sink some chum there? I would tie the chum to a rope that’s connected to a buoy, throw it overboard and then let it soak. In a couple of hours I’d come back and first retrieve my chum, rope and buoy, and then would fish on that spot. Is there any problem with this? (Ricky Z.)

Answer: Chumming in inland waters is generally illegal, but in the following locations (CCR Title 14, section 2.40), it is allowed:

1.  The Colorado River District, where only the approved bait fishes for the District may be used as chum (CCR Title 14, section 4.15) except in the Salton Sea, where corn may also be used.

2.  The Carquinez Strait and Suisun Bay and their tributaries and saltwater tributaries.

3.  The Sacramento River and tidewater of tributaries downstream from Interstate 80 bridge.

4.  The San Joaquin River and tidewater of tributaries downstream from Interstate 5 bridge.

“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” (CCR Title 14, section 1.32).

Chumming is not prohibited in the ocean.

Steelhead cards needed for youngsters?
Question: I plan to take my young niece and nephew steelhead fishing. Since they are too young to need fishing licenses, are they required to have steelhead report cards? We’re getting different answers. Thank you. (Scott H., Redding)

Answer: Even though your niece and nephew are too young to need fishing licenses (under 16 years old), they must still have Steelhead Fishing Report and Restoration Cards in their possession while fishing for steelhead. This law changed a couple of years ago. Now everyone who fishes is required to buy the card, regardless of age.

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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 Archery, Bait, Catch & Release, Disposal, Fines/Penalties/Citations, Fishing, Info, Licensing/Permits/Stamps/Report Cards, Waterways