Category Archives: Decoys

How does managed hunting benefit deer herds?

 

California Mule Deer

Question: I am quite concerned about the health of our deer herds and would like to know how proper management of deer hunting will contribute to long-term protection of the herds. I know many people still believe hunting will decimate the herds, but I’ve been told that regulated hunting could also help control the population. What is your take on this?  (Bill B., Susanville)

Answer: Managed hunting of deer is designed to smooth out the highly dynamic population cycles of deer. They are a classic “boom or bust” species in that when habitat conditions are good, deer populations can rise very quickly, but when they are bad (or over-utilized by too many deer), they can crash just as quickly. These crashes usually occur through starvation and/or disease issues.  Managing the population through regulated sport hunting can minimize these types of events.

Another way that managed hunting contributes to herd protection is through the payment of fees for tags and licenses. According to Deer Program Manager Craig Stowers, these funds are used for collection of population, habitat use and movement data, information to monitor and research disease issues, and enforcement of the laws and regulations that are the basis of managed sport hunting. Tag monies are used for habitat projects to benefit deer herds in the state as well.

Although deer are a resource “owned” by all citizens of California, deer management in this state is not supported by general taxes – the license and tag fees are basically “user fees” that are paid for by deer hunters and in turn used to manage the deer resource. Hunters’ dollars fund deer research and habitat work, and hunter harvest helps benefit California’s deer herds by regulating their population cycles.


Hoop netting for lobsters with panty hose?
Question: While hoop netting lobsters in the past, I have used a piece of old panty hose to keep the bait together. It’s worked well but recently I have been told this is illegal to do because a lobster may get entangled on the hose. This has never happened in the times that I have hoop netted. I’m trying to be legal at all times. Am I breaking the law by using this method? (Doug F.)

Answer: Hoop nets are legal to use to take lobster but traps are not. If hoop nets are modified in any manner that causes the lobster to become entangled or trapped, then the device ceases to be a hoop-net and becomes a trap. The fabric used to make panty hose is known to be an effective trap for lobsters and is not recommended for use on any part of a hoop net when it is used to take lobster.

Hoop nets may contain a bait container but may in no way act to entangle or impede the movement of lobster while it tries to leave the net. If it does, then the device would be illegal, no matter what material is used to construct the bait container.


Are target shooters limited to the 3-round max shell capacity?
Question: My friends and I were arguing over whether or not recreational shotgun shooters (skeet/trap) are bound in the same way as game hunters by the 3-round maximum shell capacity restriction. I also cannot find any Fish and Game regulations as to whether this holds true for nongame species (such as coyotes). Only game mammals and birds are listed specifically. (Ken)

Answer: Regulations regarding magazine capacity only apply when “taking” game birds and/or mammals (California Code of Regulations Title 14, sections 311, 353 and 507). The 3-round shell restriction does not apply when using a shotgun to take furbearing or nongame species, or when shooting targets, skeet/trap, sporting clays, etc. (CCR Title 14, sections 465 and 475).

Fish and Game Code section 2010 does limit shotguns to no more than six shells when taking “any bird or mammal” and there are Penal Code sections restricting large capacity firearms. Additional information regarding large capacity firearms is available from the Bureau of Firearms Web site at http://ag.ca.gov/firearms/.


Are duck decoys with flashing LED lights legal?
Question: I have a question about a new duck decoy I’ve found that is not mechanical or a spinning wing type but is one that operates with a string of flashing LED lights on the wings. Nothing on the decoy moves but the flashing lights seem to be an attractant in the early morning. Are these legal to use before Dec. 1? (Mark L.)

Answer: Unfortunately, these decoys may not be used at any time during the waterfowl season because it is unlawful to use any artificial light to assist in the taking of game birds, game mammals or game fish, except in ocean waters or other waters where night fishing is permitted. (FGC, section 2005).

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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.

Pucker Up for Duck Calling!

duck calling_USFWS

(Photo courtesy of USFWS)

Question: This is my first year waterfowl hunting and while I am a pretty decent shot when I can get the birds to come in, I am a terrible caller! I can’t seem to get them to respond. I’ve found some electronic callers online that look pretty good and don’t cost too much money. I’d like to try them, but since everyone I’ve hunted with this year uses only the traditional calls, I wonder if these electronic calls are just new or if they might not be legal to use. What’s the answer? (Jake P.)

Answer: I’m afraid you’re going to have to just pucker up and keep practicing with the regular old duck calls found in most sporting goods stores. Electronic or mechanically operated calling or sound reproducing devices are prohibited when taking migratory game birds (CCR, Title 14, Section 507[c]).

To improve your technique, you might want to check out the many demo videos or “how to” techniques published online. The Ducks Unlimited Web site, for example, is loaded with lots of tips, videos and suggestions. Also, watch for duck calling seminars coming up in your area, such as through Wilderness Unlimited, California Waterfowl or other hunt clubs and sporting goods stores.


Best time for photographing big bucks?
Question: I would like to photograph big bucks and know the best times would be during the rut periods. Can you tell me when the rut starts and stops in zones D-3 through D-5? (Bob W.)

Answer: According to deer program manager Craig Stowers, in that area, rut (peak breeding period) will begin the first part of November, peak in late November/early December and finish at the end of December. The best time to photograph big bucks will probably be sometime around Thanksgiving.


Legal to bowfish for Humboldt squid?
Question: Is it legal to go bowfishing for Humboldt squid? (Brent D.)

Answer: No. Aside from the fact that Humboldt squid are rarely seen swimming around on the surface (they occur as deep as 1,500 feet), ocean fishing regulations only allow for spears, harpoons and bow and arrow fishing tackle to be used for the take of some species of fin fish (CCR Title 14 Section 28.95). The regulations do not allow for the take of invertebrates by bowfishing.


Disposing of large game carcasses?
Question: What is the legal or proper way to dispose of a large game animal such as bear, deer or elk after the harvest? I have heard it is illegal to dump the remains out in the woods and even illegal to bury the remains in your backyard because of the water table. Throwing the bones in the regular trash can be a smelly problem if sitting in there for a week. I recently took a large carcass to the county rendering plant at a cost of $75 for disposal. Please help clarify any legal concerns about the proper way to dispose of an animal carcass. (Ben N.)

Answer: When it comes to any game animal or game bird, only the inedible parts not normally consumed by humans may be left in the woods (FGC Section 4304). During open season and the 15 days following, deer hunters must also retain the portion of the head that in adult males normally bears the antlers (FGC Section 4302).

The portions of the carcass that are packed out become the responsibility of the hunter to dispose of appropriately. Trash disposal restrictions and related costs are determined by individual municipalities and are not regulated by DFG. The unused portions of the carcass may not be brought back to the woods at a later date, as this could constitute illegal dumping.

Carcasses can be buried unless prohibited by local, state or federal ordinance. State Wildlife Areas prohibit depositing or burying hides on those properties (CCR, T-14 section 550[b][9][B]). There is also a law prohibiting disposals within 150 feet above the high water mark of any state water (FGC section 5652[a]). This law is also applicable on private property.


Why early season spinning blade ban?
Question: Why is there a Dec. 1 restriction on the use of spinning wing decoys for waterfowl? (Jack S.)

Answer: Studies have shown the spinning wing decoys are highly effective for attracting waterfowl (especially the young, inexperienced birds) into gun range. Early duck seasons most heavily impact locally produced ducks, and the Dec. 1 “start date” gives the migrant ducks from the north time to arrive and mingle with the local ducks before the decoys go into use. When more ducks are clustered together in the area, the hunting pressure on the locally produced ducks is reduced.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. She cannot personally answer everyones questions but will select a few to answer in this column each week. Contact her at CalOutdoors@dfg.ca.gov.

Shooting Waterfowl Over Influence of Bait

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.