Category Archives: Bait

Why not dive for abalone year-round?

Posted on April 1, 2010 by | Leave a comment

 

The abalone season is one tool for managing the overall harvest of abalone (DFG photo by Derek Stein)

Question: I’m an avid abalone diver who has been diving for more than 28 years and I am curious why we have a set season for abalone diving. Since we have abalone report cards and are limited to three per day and 24 abalone per year, why does it matter what time of year we take those abalone? I can understand the reason for a season when the only limit was four abs per day and all you wanted during season. But currently we are only allowed 24, so what difference does it make what time of year I take my 24 abs? I feel we should be able to go all year round. From my understanding, abalone do not have a set breeding season since they are broadcast spawners and breed all year long depending on the tides and currents. (Matt M.)

Answer: The abalone season is one tool for reducing the take of abalone and it works in conjunction with other regulations to limit the overall number of abalone taken. According to Department of Fish and Game (DFG) Associate Marine Biologist Jerry Kashiwada, the abalone fishery is not regulated with a fixed quota like some fisheries. The report card limit is only designed to reduce excessive take and is not based on the number of abalone each person should be allowed to take.

The abalone report card was established because game wardens were seeing people driving up to the abalone grounds every day of the season to get a limit of abalone. The current limit of 24 was thought by the Fish and Game Commission to be a reasonable number of abalone for a person to take for the season, but it was never intended that everyone take 24 abalone. The average number of abalone taken per card has been between eight and 10. Although this may sound like a low number, the large number of report cards sold each year results in an annual legal harvest of more than 260,000 abalone. Wardens suspect the actual impact on abalone populations is much larger because abalone divers and pickers are commonly cited for failing to tag abalone, not marking their abalone cards and for high-grading (the illegal practice of continuing to detach abalone after a bag limit of legal sized abalone has been taken). High-grading also increases the number of abalone that die due to fishery activities.

Even with the current limits and regulations, there is concern that some heavily used fishing sites are showing signs of reduced abalone populations. The Fish and Game Commission is not likely to make any regulation changes which would increase the number of abalone being taken.

Electronic calls or bait legal for coyote and predator hunting?
Question: I have been told it is illegal to use electronic calls for ducks and turkeys, but I was wondering if electronic calls or bait can be used for hunting coyotes or other predators. Also, I know there are restrictions on mechanical (electrical) decoys being used during the first portion of the duck season, but can a mechanical (moving/shaking) rabbit decoy be used for coyotes? (Mark, San Bruno)

Answer: Electronic calls (specifically authorized) and mechanically-moving rabbit decoys (not prohibited) may be used to take coyotes (California Code of Regulations Title 14, section 475).

Any documents necessary to possess and transport deer mounts?
Question: I have questions regarding deer trophies taken legally during regular deer season and their possession and transportation months or years afterward. What paperwork, if any, must be kept? How long must this be kept? Are people in possession of deer heads in violation if they don’t keep their old deer tags? (Geoff V.)

Answer: There is no paperwork required by California Fish and Game laws to possess old taxidermied deer mounts. There are also no restrictions on possession or transport, however, it is illegal to sell, barter or trade them regardless of their age. It’s always best if the tags are attached, but it’s not required.

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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, Bag Limits/ Possession, Bait, Decoys, Diving, Other, Regulations, Taxidermy

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Shooting Waterfowl Over Influence of Bait

Posted on October 22, 2009 by | Leave a comment
Geese rising, Yolo Bypass Wildlife Area (Photo by Wildlife Area Manager Dave Feliz).

Geese rising, Yolo Bypass Wildlife Area (Photo by Wildlife Area Manager Dave Feliz).

Question: We own a duck club with two ponds on the property. Members shoot waterfowl over one pond while the other has a floating corn feeder for wood ducks on it. We want to keep shooting the club pond during the season but also want to keep the feeding station out on the other pond for the wood ducks during this time. The regulations say baiting for migratory birds is prohibited and that it is illegal to “hunt over” bait. What is the minimum distance required to be maintained between the feeding station and our shooting pond before feeding is considered baiting? Thanks in advance. (Stacy M.)

Answer: Waterfowl and migratory bird regulations are set by the U.S. Fish and Wildlife Service. While there are no minimum distance requirements specified in the regulations, it’s clear that you may not keep the floating corn feeder on another pond if it in any way influences waterfowl to come into shooting range for hunting. Even if the feeder is just intended to be for wood ducks, anything that can be determined to be bait that influences waterfowl of any species to come in within range for the purposes of hunting them could be considered bait and is illegal.

This principle applies even if the feeding station or baiting is on a neighbor’s property. While hunters may not have control over what a neighbor is doing, they do have control over hunting on their own property or hunt club. Hunters may not shoot any birds that come into range if those birds are being influenced to come in for bait, even if on another’s property. In addition, all feed or bait must be removed 10 days prior to hunting over it, and the responsibility to know it is all gone is upon the person hunting over its influence.

Humanely Dispatching Lobsters?
Question: When boiling a lobster, or otherwise prepping it for cooking, is there a humane way to kill the critter without inflicting unnecessary pain on the live lobster? I’ve tried inserting a knife on the triangle above the eyes where I expect the brain is, but am not sure this really dispatches it as there’s still lots of movement afterward. Thanks for any help! (John S.)

Answer: Many people refrigerate lobsters for a while to slow them down before putting them in boiling water, according to Senior Invertebrate Specialist Kristine Barsky. It sounds like you are trying to pith the lobster, or destroy its brain, as is sometimes done with frogs in a classroom situation. Barsky says she hasn’t heard of using that method on lobsters, and she thinks the quickest way to dispatch a lobster is probably still the traditional boiling water method.

Empty Shell Casings as Trail Markers?
Question: One of my favorite hunts is for upland game in Federal Wilderness (National Forest) Areas. Often I’ll leave my spent shotgun shells on the ground or trail to mark the exact spot where I saw game earlier. The casings serve as a reminder for me when I later hike back out. I eventually pick up my spent casings but know that many hunters and other hikers disapprove of seeing the colored shotshell casings on the ground.

Aside from the stewardship and aesthetics issues, is this practice legal? It seems like a majority of hunters leave their spent casings of plastic and brass right where they land and don’t bother to pick them up. Is this citable as a littering offense? If so, is it ever enforced? (Doug R.)

Answer: Yes, this is a violation of both federal and state law. It falls under the sanitation law for U.S. Forest Service Wilderness Areas (Title 36 CFR, Chapter 2, Section 261), which defines the failure to dispose of any personal refuse, debris, trash or litter in an appropriate receptacle as a citable offense. Spent shell casings are considered garbage. In addition, every state has general litter laws. In California, depending on how close to water the spent casings are dropped, you could also be cited for leaving litter where it may pass into the waters of the state (FGC Section 5652.)

The fact you “intend” to retrieve the casings is not a valid excuse, according to retired Capt. Phil Nelms. Technically, if you are dropping the empty cases and leaving the area, you are violating the law. Instead, I suggest you mark your trail by clearing small spots of ground or by using natural objects that are readily available in the immediate area, like rocks or twigs. You might also want to consider a GPS to help with your navigation.

Spinning Duck Feet?
Question: I recently found a duck decoy that has spinning feet that splash the water. From what I understand, no motorized spinning wings or spinning blade decoys may be used for the first half of duck season. Would a decoy with spinning feet be an exception? It’s called the “Wonderduck Super Paddle Wheel Motion Duck Decoy.” (Mark V.)

Answer: There’s a wide variety of movement decoys on the market today. According to Northern Enforcement District Chief Mike Carion, wind powered decoys and decoys that vibrate, flap, wiggle or produce a motion other than spinning are all legal to use at any time, but decoys that feature any type of motorized spinning blade are prohibited before Dec. 1.

Your motorized decoy is spinning a blade-like device that just happens to be in the shape of a duck foot … so you’ll have to wait until December to use it.

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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. Please contact her at CalOutdoors@dfg.ca.gov.

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Posted in Bait, Decoys, Firearms/Ammunition, Food/Health, Lobsters, Waterfowl

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Getting Smelly for Deer Hunting

Posted on September 10, 2009 by | Leave a comment
California mule deer are sensitive to scents and movement. (Photo: ©Carrie Wilson)

California mule deer are sensitive to scents and movement. (Photo: ©Carrie Wilson)

Hunter's Specialties

Hunter's Specialties

Question: I am looking for clarification on the use of scents while deer hunting here in California. Is it legal for me to use products that are applied to my clothing to mask human odors? Is it legal to use scents that spray into the air such as doe urine scents or other scents that might lead a buck to the area I’m hunting? I understand I cannot use any type of bait such as edible products but would like clarification before the season opener for rifle hunting. Thank you. (Mike K.)

Answer: Yes, you can use all of these scent attractants. Baiting is the offering of feed attractants that will lure, entice or attract animals to a certain location or cause them to alter their behavior, thus giving hunters the advantage over the animal. Scent attractants do not fall into this category.

Saltwater Bowfishing
Question: I want to try some ocean bowfishing but cannot find the regulations applicable to the sport. What do I need to know? Thanks. (B. Carter, San Clemente)

Answer: Spears, harpoons and bow and arrow fishing tackle may be used for taking all varieties of skates, rays and sharks, except white sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may be used to take finfish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, striped bass, broadbill swordfish and white shark (Fish and Game Code Section 28.95).

Although many different fish species can be legally taken with this method, you’ll need to first contact the local police or sheriff’s department before heading out with your bowfishing gear. While the Department of Fish and Game (DFG) authorizes bowfishing, the local law enforcement agencies may object, especially if you are inside city limits. Many areas consider bow and arrow fishing gear to be “dangerous and lethal weapons” that  they don’t want to see used in public and/or populated areas where someone could accidentally get hurt.

For many years, bowfishing off of the public pier was a well-known and long-standing tradition in Imperial Beach (San Diego County). It was banned there a few years ago – not by DFG regulations,  but by a local ordinance stemming from the aforementioned public safety concerns.

Any Knife Restrictions?
Question: I hunt alone most of the time on both public and private lands. I always carry at least one knife for field dressing and another rather large Bowie-style knife for chores and whatever. My thinking is that if my gun or bow fails (God forbid), then I will at least have a knife for self defense. Are there any criteria or regulations regarding limiting the size or numbers of knives that can be carried while hunting? Thank you kindly.  (Peter M.)

Answer: DFG laws do not restrict or govern knives. California Penal Code Section 12020, however, does address some types of knives that are prohibited as unlawful weapons. You can find the specific restrictions at www.leginfo.ca.gov/calaw.html. Check the “Penal Code” box and then type in 12020 in the search box at the bottom.

Owls as art?
Question: Is it legal to use an owl wing as “educational art”? (Eric)

Answer: In most cases, no. Owls are protected by both state and federal laws.  Permits may be issued by either DFG or the U.S. Fish and Wildlife Service to possess owls for limited purposes including scientific research, falconry, predation or disease prevention. And in some regions, wildlife rehabbers may use some parts for educational purposes.

There could be a situation where your project would fall into one of these categories; for example, if the owl parts were taken from a great horned owl legally possessed under a falconry license, you could then legally use them in Native Americans ceremonies that might include a non-commercial art component. But there are no permits that specifically authorize the use of owls for art. Your best bet is to start with the permits office of the U.S. Fish and Wildlife Service or your regional DFG office to explain what you want to do before you embark on your project.

Fishing While Crayfish Trapping?
Question: If I want to fish with my rod and reel on one end of my boat while soaking my crayfish trap (non-commercial) at the same time on the other end, would this be legal or would my trap line count as a second line in the water? I have not been able to get a clear answer and would like to avoid an unnecessary ticket. (Ryan L.)

Answer: Crayfish traps are not considered to be a “second line in the water”.  The law restricting the use of multiple lines is limited to angling methods only, and traps are not angling equipment.

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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. Please contact her at CalOutdoors@dfg.ca.gov.

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Posted in Bait, Fishing, Info, Limits, Lines/Rods/Equipment, Methods Of Take, Methods Of Take, Regulations, Religious/Cultural Use