Category Archives: Deer Hunting

Helicopter Fishing?

(Photo from Creative Commons)

(Photo from Creative Commons)

Question: You’ve answered readers’ questions several times in the past about the legalities and illegalities of fishing with a remote controlled boat. But my question is about a radio controlled helicopter. I just saw a video on YouTube showing a guy maneuvering his helicopter around a small lake that was dangling a line with a hook and bait on it. The craziest part of this was that he actually caught a sunfish with this rig and the helicopter flew the fish back to him on shore so that he could take it off the hook and release it back into the water. Seems like a great idea but I’m betting it isn’t legal in these parts. What do you say? (Steve C., Chico)

Answer: All fish caught in freshwater must be taken by angling which means hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such a manner that the fish voluntarily takes the bait or lure in its mouth (California Code of Regulations Title 14, section 1.05). Thus, the remote controlled helicopter could be used as a vehicle to take the line out further but the line would need to be directly controlled by the angler. Depending on the location where the “helicopter angler” wants to use it, they should first make sure there are no local ordinances or specific rules imposed by the lake property owner or concessionaire prohibiting this practice and the flying of remote-controlled helicopters.


Bow hunting with a concealed firearm?
Question: When bow hunting in California, can you carry a concealed firearm if you possess a concealed carry permit? (DeWayne T.)

Answer: Unless you are an active or honorably retired peace officer, as specified in Fish and Game Code, section 4370(b), you may not carry a firearm during an archery only (AO) deer season or while using an AO tag, regardless of whether the firearm is concealed. Fish and Game Code, section 4370 requires:

(a) In every area in which deer may lawfully be taken during the general open season, there is an archery season for the taking of deer with bow and arrow. … Except as provided in subdivision (b), a person taking or attempting to take deer during such archery season shall neither carry, nor have under his or her immediate control, any firearm of any kind.

(b) A peace officer … whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow in accordance with subdivision (a), but shall not take or attempt to take deer with the firearm.

AO tags/seasons are only one option though. You can instead choose to hunt during the general season under a general tag with a bow, and then you could carry a firearm. Hunting under the AO authority grants a special opportunity to archers in exchange for leaving the firearm in camp.


Landing a large fish from a pier?
Question: While fishing from a public pier without a fishing license, am I allowed to go down onto the beach to land a big fish that I hooked on the pier? (Pete T.)

Answer: No. A fishing license is required when fishing everywhere except from a public pier. Even if you hooked the fish on the pier and only came down onto the beach to land the fish, you would need a valid license to avoid a potential citation. Purchasing an annual fishing license will make this a non-issue; or you may want to buy a pier net to help you land bigger fish from the pier.


Peacocks
Question:Is it legal to trap wild peacocks? If so, is it legal to sell them? Is it legal to kill wild peacocks? (R. Om)

Answer: Peacocks are not protected by California Fish and Game laws and so the CDFW has no regulations regarding trapping, selling or taking them. Check with your local animal control as peacocks are domestic animals.


Carcass possession limits?
Question: I fish for rockfish out of Santa Barbara and afterwards freeze the carcasses to use for crab bait. I am aware of the daily bag limit for rockfish but have not found any regulations for the leftover carcass (head, body, skin and guts). Are there any possession limits for rockfish carcasses? (Jim P.)

Answer: Although the general rule is once the meat has been removed and consumed or given away and you only have a carcass, it no longer counts as part of your possession. However, even parts of fish are legally considered “fish.” The letter of the law is you may not possess more than a daily bag limit of fish. So, if you catch fish and take them home to clean and you freeze the carcasses for use as bait in the future, be sure you do not take more than a possession limit of carcasses with you when you go crabbing.

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

Can Friends Pay for a Friend to Fish for Them?

Travis Tanaka with a giant yellowfin tuna, 243 lb

Travis Tanaka with a giant 243 lb yellowfin tuna caught on a long range boat out of San Diego (Photo by Travis Tanaka)

Question: What if four people got together and all paid the boat fare so that one person in the group could take a long range fishing trip? Three of the people are not anglers. After the trip, all of the fish caught by the one angler would then be split evenly between the four people. Would this be alright or somehow considered selling of fish? (Doug S., Montebello)

Answer: Fish caught under the authority of a sport fishing license may not be bought, sold, traded or bartered (Fish and Game Code, Section 7121). This means if these people all helped pay the fare for another person to take a fishing trip with the expectation of receiving some of the fish caught back in return, that would be illegal. Anglers who lawfully catch fish may always give fish away to whomever they wish, but it is not legal for non-anglers to pay for another person’s trip with the understanding or expectation of receiving fish in return for that money.


Why can’t California hunters deer hunt during the rut?
Question: While watching hunting shows on TV, I see that most of them are hunting during the rut. Why can’t deer and elk hunters in California also hunt during the rut? (Terry C.)

Answer: It’s all about providing more hunting opportunities to more people. According to Game Species Conservation Program Manager Craig Stowers, seasons are set with certain harvest objectives in mind. Later in the season as the animals go into the rut (breeding period) they become more bold in their attempts to find a mate, and are thus easier to hunt. If the season was held during the rut, the hunter harvest success rate would be higher, and fewer hunters would be able to hunt before the harvest objectives were reached.

Hunter survey data shows most hunters simply want an opportunity to hunt. The archery and gun seasons begin in different zones around the state in July and August, respectively. By starting the season early and allowing it to run until late fall when the animals are just going into the rut, more hunters have more opportunities to participate.

In addition to regular season hunts, there are also several special late season hunts offered that are timed to take place during the rut. These are highly sought-after tags, though, and they are distributed only through the big-game drawing. Most of California’s deer hunting takes place well before the rut begins (general seasons are timed to close about a month before the rut gets started) for two reasons:

1)    Hunting during the rut greatly reduces hunter opportunity (hunting success rate is higher and so fewer tags can be issued to achieve the harvest objectives).

2)    To create the least amount of disturbance possible during this critical phase of their life cycle.

The bottom line is deer managers try to strike a balance between providing hunter opportunity and success while not exceeding harvest objectives.


Photo I.D. required when hunting or fishing?
Question: While hunting or fishing, besides carrying the appropriate license(s), do I also need to have photo identification in possession or can I leave it in my vehicle? (Gino A.)

Answer: You will need to verify you are the person holding your own fishing or hunting license. Though photo identification is not mandated by law, being able to identify yourself properly is. If you cannot appropriately identify who you are, you may see yourself in an extended contact with the game warden. If you’re getting cited for something, the game warden may have to take you to jail until you can be properly identified. The bottom line is even though the law doesn’t state you must have photo identification in possession, it would benefit you greatly to carry photo identification, so you may properly identify who you are to the game warden. One exception, commercial fishermen do have to carry photo identification.


Catching lobsters and crabs in crab traps?
Question: Is it legal to fish for both lobsters and crab at the same time using hoop nets for the lobster and a crab pot for the crabs? My concern is that when we return to harbor, a game warden may question which method was used to take which species. The crab pot is a Northern California type that is “soaked” for days and has escape ports. The hoop net is a basic hoop net. (Joel S.)

Answer: You may fish for lobsters and crabs at the same time but only with hoop nets or by hand. Crab traps are legal to use in the north but are illegal for sport fishermen to use south of Point Arguello (California Code Regulations Title 14, Section 29.80(e)). While most lobsters occur in Southern California below Point Arguello, for any that do occur north of this point, crab traps may not be used.

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

How to Keep Hunters from Hunting on Our Property?

Mule deer_Clear Lake_USFWS

Mule deer around Clear Lake (Photo courtesy of USFWS)

Question: Our church owns about 700 acres in the foothills of Northern California. We recently had someone shoot at a 6-point buck, wound it, and screech away off the property. We called the California Department of Fish and Wildlife (CDFW), who sent out a tracker. They followed the trail of blood but never found the wounded animal.

Meanwhile, we have many deer that reside on our property and we are vegetarians. We do not shoot the deer and they wander freely on the property. You can walk within maybe 20 feet of even these majestic big bucks and they won’t flee. We do not want people shooting the animals on our property.

The Fish and Wildlife person who came out told us it was legal for people to shoot the deer on our property unless we fenced it or posted signs (such as “POSTED NO HUNTING”) all over the property. Is this really true? For one thing, it isn’t even hunting season (with a firearm, which this was), and second, it’s private property and we’ve not given written permission to anyone to hunt on our property.

We also don’t want to post “NO TRESPASSING” signs because we welcome the public to visit our beautiful community with 85 homes and a number of businesses, including a school.

Can you help me understand what the law states, and what we must do to allow the public on our land but disallow hunting (and fishing) on our land? (Church Administrator)

Answer: Hunters do not need permission to hunt on private property unless the land is under cultivation, enclosed by a fence, or posted in accordance with Fish and Game Code, section 2016. This section requires that signs “forbidding trespass or hunting, or both are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering those lands,” and “signs may be of any size and wording that will fairly advise persons about to enter…that the use of the land is so restricted.”

If you would like to pursue trespassing charges (under Penal Code 602) against specific people who have entered the property for any reason, including without permission to fish or hunt, you can do so but the prosecutor generally wants the owner to state they will testify and also show that the suspect was already warned at least once.

Another law to be aware of is one that states “It is unlawful … to hunt or to discharge while hunting, any firearm or other deadly weapon within 150 yards of any occupied dwelling house, residence, or other building or any barn or other outbuilding used in conjunction therewith. The 150-yard area is a ‘safety zone’.” (FGC, section 3004).

You may need to take measures to discourage deer from becoming too comfortable on your property around humans because this makes them vulnerable to unscrupulous poachers. To do this, remove as many attractants as possible. If the deer are being fed, this is illegal (California Code of Regulations Title 14, sections 251.3 and 251.1). Also, by encouraging more deer to occupy your property than is normal, this may bring in some additional unwanted side elements (e.g. poachers, Lyme’s disease and mountain lions).


Throw nets to capture live bait
Question: I know round nets can be used to catch live bait like anchovies and smelt from piers, but I am not sure if there is a size restriction for the circumference on the net. I couldn’t find that info in the regs book. (Mike I.)

Answer: There is no size restriction on the circumference of a throw net used in ocean waters at this time. However, throw nets may only be used north of Point Conception (Santa Barbara Co.) and may only be used to take herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp and squid (CCR Title 14, section 28.80.)


Bringing mountain lions into California as “personal property”?
Question: A friend of mine told me that because mountain lions are not endangered or federally protected, that California cannot prevent a person who has taken one legally in another state from bringing it into the state as personal property. Is California blowing smoke? Thanks (Ken)

Answer: No, your friend is mistaken. Fish and Game Code section 4800, which was added to the code as an Initiative Measure (Prop. 117) in 1990, designates mountain lions as “specially protected” in California, and prohibits their possession or importation into the state. However, Fish and Game Code section 4800(b)(2) does allow for mountain lion possession if the owner can demonstrate the mountain lion was possessed prior to June 6, 1990.

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at Cal.Outdoors@wildlife.ca.gov.