Category Archives: Private Land

Hazing Trespassing Canada Geese

Question: My neighbor has lake front property and regularly chases away (or throws sticks and pine cones at) Canada geese during the nesting season. His intent is to keep them off his dock, but he extends his harassment about one-tenth of a mile up the beach on several others private ground and PG&E property. Is this legal? I figure the wildlife came with the property location and should be left alone. Love my neighbor but hate his treatment of our local geese. (Anonymous)

Answer: Your neighbor is within his rights to haze geese from his property. Canada geese are state and federally protected under laws and regulations within the Migratory Bird Treaty Act and California Fish and Game Code. However, within those regulations, non-lethal hazing methods, such as harassment as done by this individual, are allowed to deter Canada geese from privately-owned property where property damage or a nuisance may occur to the landowner.

Resident Canada goose populations have increased considerably since the 1990s in California. In this time, Canada geese have expanded outside their historical nesting range. Due to this increase, conflicts between landowners and resident Canada geese have expanded in many counties in California.

Your neighbor is allowed to scare resident geese away from his property with non-lethal means at any time. The Department of Fish and Game (DFG) advocates that landowners take proactive non-lethal measures to reduce Canada goose use on impacted private property. Possible suggestions for hazing geese away from properties during the breeding season include landscape modification to make the area less attractive to resident geese (e.g. keep grass short to discourage feeding), use of dogs, visual deterrents, such as scarecrows, predator decoys, mylar flagging and balloons, and fencing.  Additionally, waterfowl hunting can be an effective deterrent in problem areas outside the breeding season when state and local regulations allow this activity.

For additional questions regarding how private landowners can best control problem Canada geese, please contact DFG’s Waterfowl Program staff at (916)  445-3763.


Fishing on Private Property
Question: Do I need a fishing license when fishing a private lake on a ranch behind a locked gate? There is no public access. The lake is fed by a year round creek that originates on federal land. The fish in it were planted by a private party, but the fish do run up the creek to spawn. Thanks for the clarification. (Ken, Alturas).

Answer: Yes, you need a fishing license. Even though this lake is on private property, a fishing license is required because the lake is fed by a permanent stream. A license would not be required if this lake is being maintained and operated as a licensed Aquaculture Facility.


Highest number of abalone harvested in last decade?
Question: When in the last decade were the most abalone harvested? (Anonymous)

Answer: In 2007, a total of 309,000 abalone were harvested along the North Coast, which marked the highest abalone harvest season of the decade. That was the only year between 2002 and 2010 that more than 300,000 were harvested. According to DFG Environmental Biologist Jerry Kashiwada, these figures are calculated from a sampling of abalone report cards that were returned to us and a systematic telephone survey. The annual average for 2002 to 2010 was 264,000. Since this is based on what is entered on cards and wardens often encounter people who fail to complete their cards, we believe it represents the minimum number taken.


Using lead projectiles in air rifles in Condor Country?
Question: I know that air rifles are not technically considered firearms, but shouldn’t the lead pellets from an air rifle still be illegal in Condor Country because they contain lead? It would seem the reason for banning lead projectiles is because it is made up of lead, not because of the type of firearm/weapon/tool it came out of. What is the purpose of the lead ban if it is legal to use lead pellets from a pellet rifle? Isn’t there a health risk involved with condors and lead, thus the ban on lead? If the pellet rifle is not considered a firearm, isn’t this a flaw in how the lead ban law is written when it states that the projectiles come from a firearm? (Sarah D.)

Answer: DFG enforces the Fish and Game Code regulations after they go through the legislative process and are adopted by the Fish and Game Commission. You raise valid policy questions that may have been considered by the State Legislature and Commission in developing the lead bullet bans. DFG can’t speak for the Commission, but If you’d like to research this issue further, please contact the Fish and Game Commission directly. Their website is www.fgc.ca.gov.

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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.

Should Anglers Release Lingcod Females?

Both male lingcod and male cabezon (like pictured here) guard the egg nests (Photo by Matt Elyash)

Question: Last year before the end of rockfish season, I went on a charter boat out of Berkeley. Some of the lingcod caught were females with eggs. When do lingcod spawn and can keeping these females hurt the fishery in the future? Should we as anglers release females like we do for striped bass? I’m glad to see the size limit dropped and the season longer, but I don’t want to be back to where we were before. (Jason Green)

Answer: Lingcod and other groundfish are federally managed. Harvest management plans and stock assessments take into account the removal of both males and females when setting quotas, so fishery managers do factor in the take of females, too.

According to Department of Fish and Game (DFG) Environmental Biologist Travis Tanaka, the lingcod stock has fully recovered from their overfished status and so the spawning closure is no longer required to protect the stocks. Lingcod don’t get the bends (no swim bladder), so females can be released if handled properly.

In northern California, the seasons are closed for lingcod and other groundfish species in late fall, winter and spring for boat-based anglers. The closures help to protect mature female lingcod that have moved closer to shore to spawn, and protect the mature males that guard the egg nests.

Lingcod are a species that if handled properly can often be successfully caught and released. However, unless regulations prohibit keeping the fish (e.g. bag and minimum size limits) or the angler is releasing all fish, if it turns out the fish has been improperly handled or is bleeding and may not survive, the fish should be kept. Releasing bleeding females that may not survive in order to keep males instead just wastes fish and is not a good conservation method.

Lingcod generally spawn from November through February. Females do take longer to mature and they grow to a larger size than males. By some estimates, males only grow to 24-26 inches. Females are legal to keep, so keeping an egg-laden female would be up to that fisherman’s personal ethics. In addition, the practice of divers choosing to shoot male lingcod while they are guarding the egg beds is not prohibited, but it is a reflection of that fisherman’s ethics.

Bottom line … female lingcod are legal to take and so it’s up to the fisherman to decide whether or not they want to.


Planting wild turkeys?
Question: Who can I talk to about planting wild turkeys on private property? I am not sure if it is legal to plant turkeys. If it is legal, do I need a permit? And if so, how do I get one? (Steve H.)

Answer: Turkeys are not allowed to be transported or planted on private property. The law says: “No permission will be granted to any person to release to the wild state turkeys that have been domestically reared for propagation or hunting purposes, except as provided in subsection 600(i)(4) of these regulations. Only wild trapped turkeys trapped from the wild by the Department may be released into the wild” (CCR Title 14, section 671.6 (b)).

According to DFG Wild Turkey Biologist Scott Gardner, only DFG can release wild turkeys (no game farm birds) into the wild. However, we are not planting turkeys due to recent nuisance problems and other issues.

Does the property where you’d like to plant turkeys contain habitat that would be attractive to wild turkeys? Have you seen turkeys nearby? If either of these are true then you probably already have turkeys. It’s almost guaranteed that even if we were to plant birds on your property, they would likely not stay without the appropriate habitat.

Be careful about game farm birds that are being sold as wild turkeys, too. Besides the fact that they are specifically illegal to release into the wild, they aren’t wild turkeys, Gardner says, despite what they look like. A wild turkey must be raised in the wild by a hen right from hatching to learn to be a wild turkey. Otherwise they are maybe just a step up from livestock.


Two Cali-rigs with a two rod stamp?
Question: Can two Cali-rigs (Alabama rigs with only three hooks) be fished simultaneously on separate poles as long as the angler has a second pole stamp on their license? (Kayak fishing Ron)

Answer: Yes, as long as the angler taking fish with two rods or lines in most inland waters has the two rod stamp.

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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.

Planting Wild Turkeys on Private Land?

Turkey strut ( Photo by Carrie Wilson)

Question: I have a few questions about putting Eastern wild turkey poults out on private land. I just love to hunt them. There are turkeys out there already but I would like for there to be a lot more. How or what can be done to get more turkeys planted on the property? (Joe D.)

Answer: Permission will not be granted to any person to release turkeys into the wild that have been domestically reared for propagation or hunting purposes. Only turkeys trapped from the wild by the Department of Fish and Game (DFG) may be released into the wild (California Code of Regulations Title 14, section 671.6 (b)).

According to DFG Turkey Program Manager Scott Gardner, besides being illegal, releasing captive-reared turkey poults will not ultimately produce more turkeys in the wild, and could actually harm the wild population. Beginning in the 1920s, DFG raised turkeys and other game birds and released them into the wild. By 1951, DFG and other wildlife agencies stopped the practice because it wasn’t resulting in self-sustaining wild populations of turkeys. In 1959, DFG started importing and releasing the Rio Grande subspecies of wild turkeys that were trapped in the wild in Texas. Wild trapped birds were highly successful and virtually all of California’s current wild turkey population came from these releases.

Game birds imprint on their mothers immediately after hatching and they learn behaviors necessary to survive in the wild in the first few days of life. Captive-reared birds do not develop the survival skills that are learned from a hen in the wild, and most will not survive. Domestic turkeys have higher rates of disease which is a risk to the wild population, and breeding with them would decrease genetic fitness of the wild population. Wild turkeys thrive where habitat is good, and they need a mix of trees, grasslands and water.


Catching crabs on rod and reel?
Question: I will be getting a fishing license soon even though I don’t really need one since I do most of my fishing from public piers. I have a question about when a crab goes after a baited hook and is caught while fishing. Does it really have to be thrown back then? I think if someone is lucky enough to bring a six inch crab up to a pier, they should get to keep it. It’s not easy to do. I have had many large crabs let go as soon as they hit the surface. I have never caught a six-plus inch crab, but if I pulled one up, I sure would like to eat it. Can I keep it or do I have to let it go? (Ray A.)

Answer: Unfortunately, the law does not allow crabs to be caught with hook and line. Crabs may be taken only by hand, baited hoop nets, crab loop traps, and if north of Point Arguello, crab traps. The traps must meet the escape port requirements described in regulations (CCR Title 14, section 29.80(c)). If you find yourself one of the lucky fishermen to have a crab ride your fishing line all of the way up to the pier, take a picture to capture the memory, but then you’ll need to toss it back. Sorry.


Selling sturgeon eggs from a legally-taken sturgeon
Question: If I catch legal-sized sturgeons with eggs, can I sell the eggs because I don’t eat them? (Byron M.)

Answer: No. It is illegal to sell any portion of a sturgeon or any fish taken under the authority of a sport fishing license (Fish and Game Code, section 7121).


Where does the deer tag need to go?
Question: After harvesting a deer and filling the tag, does the tag stay with the meat in the freezer or stay with the head and antlers if it goes to a taxidermist? I always thought it stays with the meat. (Hans G.)

Answer: The tag must stay affixed to the antlers for 15 days following the closure of the deer season. If you send the head or antlers to a taxidermist, the tag must stay with the head and antlers while in their possession. The tag does not need to remain with the meat.

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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.