Category Archives: Deer Hunting

Relocating Rescued Rattlesnakes

Rattlesnake (CDFW photo)

Rattlesnake (CDFW photo)

Question: I found and took home a dying Northern Pacific Rattlesnake (Crotalus oreganus oreganus) after it became a victim of a wildfire. It’s now eating great and able to move fluently which is great and a job well done in my eyes. I’ve had it in captivity close to three weeks now. Is it okay to place it back into the wild (away from humans, of course)? (Daniel G.)

Answer: While we appreciate your desire to help injured wildlife, it is illegal for members of the public to rehabilitate wildlife without possessing a wildlife rehabilitation permit.

If you kept the injured rattlesnake near or with other captive reptiles at your house, the snake should not be re-released back into the wild due to the inherent danger of spreading disease into wild populations of rattlesnakes after release.

Wildlife rehabilitation is regulated in California to ensure animals are cared for and housed properly and that their reintroduction into the wild is done very carefully. Wildlife rehabilitators often give pre-release medical exams or observe wildlife patients for an extended period of time to evaluate the health of an animal prior to release. All rehabilitation facilities have a veterinarian of record who help them with medical issues and can help them assess whether an animal is healthy enough for release. Wildlife rehabilitators must return wildlife within three miles of where the animal originated and often work with the department to find suitable release sites.

We encourage you to find a wildlife rehabilitation facility that is willing to take the rattlesnake and go through the proper channels for its release. For a list of permitted wildlife rehab facilities, please go to www.dfg.ca.gov/wildlife/WIL/rehab/facilities.html .


Can cowcod caught in Mexico be imported to U.S. waters?
Question: If we’re fishing in Mexican waters and catch a cowcod, can we legally bring it back into a California port as long as we have all of the proper licenses and the Declaration for Entry form properly filled out? I’d just like to know for sure as we fish Mexican waters frequently targeting rockfish and I’d like to avoid a citation. (Jeff M., San Diego)

Answer: No. Cowcod may not be imported or even possessed in California regardless of where caught (Fish and Game Code, section 2353(a)(2)). Broomtail groupers and canary, yelloweye and bronzespotted rockfishes are also illegal to be possessed or imported into California under this regulation and under California Code of Regulations Title 14, section 28.55(b)(1), even if they were taken legally in Mexico.


Hunting deer over water?
Question: I was having a conversation with my uncle the other day and we were discussing whether it would be legal to hunt over a horse or cattle trough. With the recent drought, I’m worried that the deer in our area aren’t getting sufficient watering holes. I have read the section on baiting in the Big Game Digest, but am under the impression that water is not considered bait. So our main question is, is it legal to hunt over a horse/cattle trough or any other type of man-made pool of water if there are no horses or cattle? (Tony S., Davis)

Answer: Although there are some specific exceptions, it is generally legal to hunt near cattle troughs or other sources of water. Keep in mind that many wild animals like deer will water before or after legal hunting hours.

In addition, it is NOT legal to hunt, camp or otherwise occupy for more than 30 minutes within 200 yards of wildlife watering places on public land within the California Desert Conservation Area, within 200 yards of guzzlers or horizontal wells for wildlife on public land, and within one quarter mile of five wells in Lassen County and one well in Modoc County is prohibited (CCR Title 14, section 730). “Wildlife watering places” are defined as waterholes, springs, seeps and man-made watering devices for wildlife such as guzzlers (self-filling, in-the-ground water storage tanks), horizontal wells and small impoundments of less than one surface acre in size.


Abalone dinner donations?
Question: If a non-profit organization puts on a dinner and only requests donations to attend, can a group of divers legally donate abalone to the organization to be used for the dinner? (Anonymous)

Answer: Yes, but only as long as the dinner is not advertised as being an abalone dinner and as long as paying for the dinner is optional. You may charge for the rental of the facilities, tables, chairs, etc. and charge for the plates, napkins, cups, etc. Abalone (like all sport-caught fish and game) cannot be bought, sold, bartered or traded.

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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.

Why Don’t Some Deer Shed Their Antlers?

Stag1

Deer that don’t shed their antlers are commonly called “stags”. This is usually the result of some kind of injury (or maybe deformity) of the testicles. Weird looking antlers can also result from injury to the antlers while in velvet. (Photo by Carrie Wilson)

Question: I recently heard about a few Southern California bucks that seem to carry their antlers year round. One person I heard from insisted they were mountain biking and repeatedly saw the same deer in January and in May with a 4×3 rack. While I disagreed with the person telling me this, I admitted I am no biologist and didn’t know what they were seeing. Do some deer out here not shed their antlers? I was under the impression that even though nutrition, water and climate might affect when they shed, that deer always shed their antlers. Can you share some info or point us in the right direction to learn more about the antler shedding process here in SoCal? (Al Q.)

Answer: Deer that don’t shed their antlers are commonly called “stags”. This is usually the result of some kind of injury (or maybe deformity) of the testicles. Testosterone plays a role in both antler development and shedding, so injuries can really affect the types of antlers they have. Weird looking antlers can also result from injury to the antlers while in velvet … but those kind usually fall off normally and are replaced the next year with “normal” antlers.

So, this proves there are indeed exceptions to every rule — even biological ones!


Incidental take while spear fishing?
Question: What happens if a spearfishing diver spots a large fish and shoots and spears it without realizing until too late that it’s a giant (black) sea bass or another prohibited species? Then after the fish is speared and brought to the surface, the spearfisher identifies they have a fish they can’t take or possess and promptly returns it to the ocean. Has the spearfisher violated any laws?

A fisherman (angler) who catches a prohibited species while fishing for other species can argue that the take was unintentional/incidental. Could the spearfisher successfully make a similar argument? (Steve H.)

Answer: Spear fishermen are responsible for identifying their targets before they pull the trigger and can be held accountable for shooting a prohibited species. They are also responsible for ensuring that any fish they shoot meets the minimum size limit requirements for that species, again, before they pull the trigger.

A short lingcod or illegal giant sea bass, for example, is unlikely to survive after being shot by a spear fisherman who has the ability to select his target carefully; a short or illegal fish is much more likely to survive being hooked and released by an angler fishing from a boat, who cannot selectively target which individual fish he wishes to catch.

If a diver is unsure about the size or identity of the fish he/she’s aiming at, he/she should choose a different target. Shooting a fish that you’re unsure of could be illegal, and we believe that many spear fishermen would consider it unethical, as well.

All of these same principles also apply to hunters. No one with a rifle, shotgun, spear gun or even bow should pull the trigger unless absolutely 100 percent sure that their intended target is of legal size, species, gender, etc. An accurate (or even lucky) shot made, but with an error in judgment, isn’t worth the repercussions of breaking the very laws enacted to protect the state’s fish and game.


Why the health warnings for brown trout?
Question: In the fishing regulations there are safe eating guidelines for Donner Lake. I am trying to figure out why there are different recommendations for brown trout compared to rainbow trout. The guidelines suggest people eat only one serving of browns vs. seven servings of rainbows. Why? (Tim Worley)

Answer: The recommendations in our regulation booklet are from the Office of Environmental Health Hazard Assessment (OEHHA). The recommendations are probably from actual studies done by OEHHA of mercury levels in edible flesh from these two species from Donner Lake.

According to Dr. William Cox, California Department of Fish and Wildlife (CDFW) Program Manager of Fish Production and Distribution, we do not plant brown trout in Donner and so those fish are essentially wild and older in the system. Therefore, they have been on natural diets and accumulating mercury from the naturally occurring insects and aquatic life that comprises their food chain.

CDFW does plant rainbow trout in Donner as part of what we call a “put-and- take” fishery. For most of their lives those fish are not eating natural feeds, and are generally not piscivorous like the brown trout, so they accumulate much less mercury. Humans, especially children and women of child bearing ages, need to limit their intake of mercury because it can have serious health effects, including death.

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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.

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.

Bowfishing for Bullfrogs?

Bullfrogs can be taken by bow and arrow (CDFW Photo by Dave Feliz)

Bullfrogs can be taken by hand, hand-held dip net, hook and line, lights, spears, gigs, grabs, paddles, bow and arrow (including compound bows) or fishing tackle (CDFW Photo by Dave Feliz)

Question: In the regulations it says it’s legal to use bow and arrow to take bullfrogs. Does this mean we are also allowed to take them using compound bows? (J. Riggs)

Answer: Yes, compound bows are a kind of bow, so you can use them to take bullfrogs. Bowfishing for bullfrogs will also require you to have a California sport fishing license.  Amphibians may be taken only by hand, hand-held dip net, or hook and line, except bullfrogs may also be taken by lights, spears, gigs, grabs, paddles, bow and arrow or fishing tackle (California Code of Regulations Title 14, section 5.05(e)). Since there are some protected frog species that may coexist with bullfrogs, please be sure you are correctly identifying your frog as a bullfrog, Rana (Lithobates) cataesbeiana, before releasing your arrow!


Taking a deer to a butcher across the state line?
Question: I live in Lake Tahoe on the California side, and hope to tag my first buck this fall. If I have a successful hunt, is it legal to take the buck to our favorite butcher who happens to be just across state line in Incline, Nevada? Or, would I need to find a butcher in California to help process the animal? (Scott Y., Lake Tahoe)

Answer: You will need to check with Nevada Department of Wildlife regarding their importation laws. Each state regulates importation of dead wildlife under its own regulations. California’s Fish and Game laws do not prohibit this, but when you bring the meat back into California, you will need to file a “Declaration for Entry” form. This form and all directions can be found at www.dfg.ca.gov/enforcement/entry-declaration.aspx.  


No deer tag, so what can we hunt?
Question: Half of our group drew tags for our favorite hunting zone and half did not. The unlucky ones will be helping with chores, fishing and hunting coyotes. Can we carry a rifle for coyotes while riding with the hunter with a tag? Many times we’ll drop the deer hunter off and then come back to pick them up, meanwhile calling coyotes to kill the time. Is it legal or would it be best to leave the guns at camp and separate the two activities? Thanks. (Mark)

Answer: This would be legal as long as the coyote hunters are clearly not attempting to hunt, pursue, catch, capture or kill a deer. If your friends are hunting deer and you are hunting coyotes, it’s best to keep the two practices separate. This is especially true during deer season so the coyote hunters will not be mistaken by others to be deer hunting without a tag. In addition, as coyote hunters, you cannot engage in driving deer for your friends to shoot while in possession of a rifle because this is considered take of deer. Take is defined as to “Hunt, pursue, catch, capture or kill, or the attempt to hunt pursue, catch, capture or kill.” If the coyote hunters are involved in any activity which results in the pursuit of deer, they would be in violation.

Keep in mind that coyote hunting methods are often not compatible with deer hunting, so wardens sometimes encounter hunters claiming to hunt coyotes when in fact they are deer hunting and trying to fill a friend’s tag. This is a significant problem in areas where drawing a tag is difficult, such as the X-1 zone, so the wardens are watching for this.


Fishing in isolated ponds
Question: As our creeks dry up, ponds are formed, with some of them at the road culverts. Is it legal to fish these ponds with a pole, by hand or a dip net? (Jeanne G., Portola)

Answer: In intermittent streams like you describe, what appear to be ponds are actually isolated pools. Although not apparent during the dry season, water may still be flowing, out of sight, under the streambed surface. This is often called “intragravel flow.” Because a creek is still a stream and not actually a pond or lake, the same regulations for the stream will still apply. Fish can only be taken from these waters under the regulations currently applicable for that stream, including seasons, limits, methods of take, etc. To view the current sport fishing regulations for inland waters, please go to www.dfg.ca.gov/regulations/ or pick up a copy of the booklet wherever fishing licenses are sold.


Are artificial fish scent attractants considered bait?
Question: Are products like artificial, scented fish eggs considered “bait” when it comes to areas where the regulations call for artificials only? My guess is they would be considered bait, but what about just plastic salmon egg imitations with no scent? Or, does scent play into the regulations at all? (Mike S.)

Answer: An artificial lure “… does not include any scented or artificial baits” (California Code of Regulations Title 14, section 1.11). This means attractants may not be applied to the lure while fishing in waters restricted for artificial lure use.

In addition, some people spray WD-40 on their lures. This substance contains petroleum and is specifically prohibited by law to be deposited or introduced into the waters of the state (Fish and Game Code, section 5650).

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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.

What Defines Wanton Waste?

Deer poaching (CDFW photo)

Hunters must make reasonable efforts to retrieve edible portions of game birds and game mammals. After an animal is harvested, no portion of the flesh usually eaten by humans can be left, either through carelessness or neglect, to go needlessly to waste. (CDFW photo)

Question: Is there a place in the regulations that talks about what I’ve heard hunters call “want and waste”? Can you point me in the right direction for the regulations if such a regulation even exists? The question comes up because my hunting partners and I often argue about what is and is not considered edible on a deer. Could I get a ticket because I do not eat the lungs or the liver or heart? Some people I know feel the ribs are not even worth eating. What is the definition of waste? I’ve heard someone say 30 percent can be left in the field but I’ve never seen what the regs say about the specifics of what you could possibly get a ticket for not taking home to eat. (Anonymous)

Answer: In California, hunters must make reasonable efforts to retrieve edible portions of game birds and game mammals. After a hunter has harvested an animal, the law requires that no portion of the flesh usually eaten by humans can be left, either through carelessness or neglect, to go needlessly to waste. Harvesting any deer and detaching or removing from the carcass only the head, hide, antlers or horns while leaving edible parts to needlessly go to waste, is deemed to be “wanton waste” and the hunter can be cited (Fish and Game Code, section 4304). The intent of the law is to prevent trophy hunting and to stop people from taking animals just for mounts.


Why are Dungeness crabs in San Francisco Bay protected?
Question: Why it is illegal to keep Dungeness crabs from San Francisco Bay? (Judy K.)

Answer: San Francisco Bay is an important Dungeness crab nursery area, so that’s the reason this area has always been considered off limits to the take of Dungeness crab by both sport and commercial fishermen.


Baited traps to catch bait fish?
Question: Can baited traps, such as a minnow traps, be used to catch surf smelts, anchovies or sardines to use as bait? I will be fishing in Southern California in Orange, Los Angeles or San Diego counties. (Jackson T.)

Answer: No. Baited traps can be used only for the take of shiner surfperch, Pacific staghorn sculpin and longjaw mud suckers in San Francisco and San Pablo bays and their tributaries, and in the open ocean and the contiguous bays of Mendocino, Sonoma and Marin counties. In addition, traps cannot be over three feet in greatest dimension. Any other species taken must be returned to the water immediately (California Code of Regulations Title 14, section 28.80.)


Access rights through public land?
Question: Can someone hunt on a riverbank that is considered public land if the person entered through a legal public access or had been given permission by another property owner up river? Can the property owner down river run me out? (Anonymous)

Answer: If the riverbank is clearly public land and you accessed it legally, the landowner should not run you out. It is not legal for someone to interfere with a legal hunting activity (Fish and Game Code, section 2009.) The neighboring landowner should not run you out either unless you are on his/her land. Keep in mind that riverbanks and the beds of rivers beneath streams and lakes are often deeded to be “land” in California, and thus you may actually be trespassing. In addition, depending on the location, there may be local ordinances that would prohibit you from hunting in these areas. You might also check with the agency that has jurisdiction over the land or look up their regulations to make sure that hunting is allowed on the public land you are using. There is also the concern of game retrieval. While you may be able to access the river section, should the game you take land on private property that you do not have permission to be on, you could find yourself in a situation where you engage in either hunter trespass, or if you fail to retrieve the animal, waste of game. Both of these situations constitute citable offenses.


Picking seaweed
Question: Is it legal to pick seaweed along the Mendocino coast? (Raymond L.)

Answer: Yes. Generally, up to 10 pounds wet weight per day may be harvested per person (with no more than 10 pounds in possession at any time). Exceptions include the following prohibited species: sea palm, eel grass and surf grass. However, there are marine protected areas (MPAs) where the take of all living marine resources are prohibited (e.g. Point Cabrillo State Marine Reserve, Ten Mile State Marine Reserve, etc.), so be sure you are not in a restricted area before harvesting seaweed. For information about MPAs, please visit www.dfg.ca.gov/marine/mpa/.

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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.