Category Archives: Roadways

What to Do With Pesky Coyotes?

Coyotes play an important role in the ecosystem by helping to keep rodent populations under control. Relocating a problem coyote is not an option because it only moves the problem to someone else’s neighborhood. (©Carrie Wilson)

Question: For the past 10 months, our neighborhood in Encinitas has been overrun by coyotes. Who can we work with to mitigate the situation before someone gets hurt? (Ken S.)

Answer: Coyotes and other wildlife cannot and should not be removed just because there may appear to be too many in a community. If they are congregating, the problem may be that your neighbors are being careless with food and garbage, which serve as attractants. Coyotes play an important role in the ecosystem by helping to keep rodent populations under control. They are by nature fearful of humans.

Coyotes primarily hunt rodents and rabbits for food but will take advantage of whatever is available, including garbage, pet food and domestic animals. If coyotes are given access to human food and garbage, their behavior changes. They lose caution and fear and may cause property damage or threaten human safety. When this happens and they threaten humans or begin preying on domestic livestock or pets, they may be killed.

Relocating a problem coyote is not an option because it only moves the problem to someone else’s neighborhood.

The best thing you can do as an individual is to make sure that you remove pet food and water containers at night, secure your garbage and don’t provide any areas of shelter. Try to educate your neighbors about this, too. Without food, water and shelter, your property will be less appealing and the coyotes may move on.

Here’s the bottom line … coyotes may appear to reside and be prevalent in your area, but this isn’t a crime as they are natural predators. The problem occurs when people don’t follow the suggestions above and the animals lose their fear of humans and begin threatening people and their pets and livestock. When that happens, the animals may need to be destroyed and we want to avoid that situation.

If all else fails and the animals become a threat, contact the wildlife biologist in your local area (through DFG’s San Diego office, in your case) to discuss your options.

For more information on living with coyotes and other wildlife without conflicts, please check out our Keep Me Wild campaign at http://www.dfg.ca.gov/keepmewild/.


How far off the road to hunt?
Question:How far off the road must one be to begin hunting or to shoot at an animal? I see guys hunting ditches just off the road for pheasants all the time. Also, what constitutes a “road” for this purpose? (Michael O., Woodland)

Answer: According to DFG Lt. Todd Tognazzini, there are several laws that apply to what you describe. The U.S. Forest Service calls for staying off the roadway, and this includes the adjacent “right of way” areas such as the road shoulder or those areas where service vehicles would travel. County ordinances often define the distance allowed from a public roadway where a firearm may be discharged, and it is usually around 150 feet. This can be highly variable though so I suggest you check with the county sheriff for the area where you’ll be hunting to find out.

It is always unlawful to negligently discharge a firearm and the California Penal Code, section 374(c) also prohibits the discharge of a firearm from or upon or along a public road or highway. Definitions for “road” and “roadway” can be found in sections 527 and 530 of the California Penal Code.


Hoop nets as landing platforms for big fish?
Question:More and more anglers are using hoop nets to “catch and release” bat rays and large sharks. The hoop nets are not being used for catching fish – the fish are hooked by rod and reel. Hoop nets are then used to pull big fish up onto the piers. The problem is that the smaller hoop nets are sometimes insufficient for landing the big batties. Is it legal to use a hoop net larger than 36 inches if unbaited and used only for such purposes? ( Ken J., Lodi)

Answer: Yes, the hoop net as you are describing it is being used as a “landing net” and not a typical hoop net as used for lobster. According to Lt. Todd Tognazzini, a landing net has a minimum diameter of 18 inches and no maximum diameter. There is no specific legal definition of a landing net. The only difference between a landing net and a dip net is mesh size, but there is no legal requirement on mesh size either. As long as it is only being used as a landing net, it would be legal.

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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.

Who’s right – the sheriff or me?

Photo by Edward J. Pastula, courtesy of NOAA

Question: Are there any rules on the numbers of fishing rods someone can use for ocean fishing? I had a bad experience recently with an Orange County sheriff who saw me on the Newport Beach jetty fishing with several poles. He told me I was allowed only two poles. I told him I’d seen a sign posted at a nearby pier that said, “Maximum limit three active poles.” The officer said the pier was not following the Fish and Game rules. I told him I thought what applies there also applies here in Newport since Fish and Game rules apply statewide. I presume sheriffs can’t represent Fish and Game regarding fishing rules and should instead be catching fugitives, bad guys and drug traffickers and not bothering fishermen! I didn’t want to argue with an officer with a gun, especially a sheriff who doesn’t know the rules, but I felt the officer was harassing me. (Dandy L., San Bernardino)

Answer: Sheriff’s deputies do enforce Department of Fish and Game (DFG) regulations when they see violations, and in this case, the deputy was correct. When fishing in the ocean from a public pier or jetty, DFG regulations allow for only two rods and lines, two hand lines, or two crab nets, crab traps or other appliances for taking crabs (California Code of Regulations Title 14, section 1.88 specifically describes a jetty as a structure that is “connected to land … and whose purpose is to form the most seaward protective boundary of an ocean harbor …”). If the sign on the nearby pier indicated a three-pole maximum, then it was not a sign that was posted or authorized by the state. City regulations can be more restrictive than state DFG regulations, but not less restrictive.


Distance from the road to hunt?
Question: I’ve heard that you need to be a certain distance from highways and roads when hunting. How far away from the roadway do you need to be before shooting?

Answer: Neither the Fish and Game Code nor the California Penal Code states a specific distance that hunters or shooters need to be from roads. Penal Code section 374(c) most closely addresses this issue as it states, “Every person who shoots any firearm from or upon a public road or highway is guilty of a misdemeanor.”

In essence, this section makes it unlawful to discharge a gun from the highway surface. “Highway” as defined in the California Vehicle Code is a road that is “publicly maintained and open to the use of the public for purposes of vehicular travel.” Bear in mind, however, that local (e.g. county) ordinances may prohibit the discharge of firearms in certain areas or within certain distances of roads, and in general, most cities do not allow shooting within the city limits. You should check with your county sheriff’s office, too.

Certainly the most important factor, regardless of the law, is public safety. Well- traveled roads and highways are not appropriate places to shoot. If you were to injure another person or livestock, or damage property, you would undoubtedly be subject to civil and possibly criminal prosecution. While shooting just one inch away from a road may be legal, it may not be safe.


Will DFG plant fish in private duck club pond?
Question: A pond on our private duck hunting property was accidentally drained in the last year but has now refilled. Can we have DFG replant it with fish?  (Fishingdude)

Answer: DFG will only plant fish in public waters that are open and available to the public to enjoy. If this is a private pond, you will need to get a private stocking permit from DFG and then buy fish from a commercial fish farm, which may also stock them for you.


Out-of-state hunter safety cert valid here?
Question: I recently moved to California from Michigan and am wondering if I will be required to take another hunter safety class to be able to hunt here? Also, during archery season, are you able to hunt from a tree stand or an elevated platform? (Noah S.)

Answer: California has no restrictions against using tree stands. And no, you will not need to take another hunter safety course as long as you can show proof that you have passed a hunter safety class in Michigan. If you cannot produce a certificate or proof, you will need to complete another course to get your hunting license. Information regarding Hunter Education courses in your area is available online at www.dfg.ca.gov/huntered/index.aspx.

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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.

After I have my bag limit, can I still fish catch-and-release?

Photo courtesy of USDA NRCS

Question: If I catch my limit of the fish I’m fishing for, can I continue fishing catch-and-release? If my buddy doesn’t have his limit, can I fish for him? If I don’t want to keep the fish, can I fish for other people? (Michael H.)

Answer: When fishing in freshwater, each person is allowed to take only one daily bag limit per day. Once you catch your daily limit for a species of fish, you are done fishing for that type of fish.

If you want to catch and release fish, you must do that before you take the last fish of the limit. If you want to give someone your fish, you may do so but those fish will still count toward your daily bag limit, and the person receiving the fish cannot have more than the legal limit in their possession either.

In addition, if you take an overlimit (for example, seven trout when the limit is five), and you give two to someone else, that person is now in possession of illegally taken fish and could be cited, too, even if they are not over their daily bag limit.

When fishing in the ocean, however, boat limits are allowed for anglers fishing from a boat. This means that all anglers can continue fishing until the total numbers of fish on the boat are equal to the total number of fish allowed for every angler, despite who actually caught each fish. Upon departing the boat, each passenger can only possess one daily bag limit.


Can felons legally hunt?
Question:
If I have been convicted of a felony, can I still apply for a hunting license? My felony was considered “white collar” and was non-violent with no weapons involved. (Michael S.)

Answer: Yes, but you must first complete a hunter safety course. Once you have a felony, regardless of the type of crime, you cannot own or possess a firearm. You can obtain a hunting license but will be restricted to shooting archery or crossbow or air rifles only.


Are artificial lures with scent attractants applied still “artificial”?
Question:
I have a question about using scented products on artificial lures fished in rivers where only artificial lures are allowed. The question came up recently while fishing for steelhead from my drift boat on the Mattole River in Humboldt County, where “only artificial lures with barbless hooks may be used.” The only definition of an artificial lure I could find was “a man-made lure or fly designed to attract fish.” This definition does not include scented or flavored artificial baits.

Given this, is it legal to apply scented liquids or products to lures while fishing in rivers where only artificial lures may be used? This seems confusing. Does the law prohibit lures with scent impregnated in the lure from the factory, or lures with scent applied by the angler, or both? Any light you can shed on this issue would be greatly appreciated. (North Coast Angler)

Answer: The California Code of Regulations Title 14, section 1.11 states that an artificial lure “… does not include any scented or artificial baits.” This means that 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).


Shooting at varmits from a car roof  top?
Question:
I know it’s illegal to shoot from your car, but is it legal to park and shoot from the roof of your car for varmints? Thanks. (Harry N.)

Answer:  Shooting from the roof of your car is only allowed if on private property where public access is prohibited. However, you may not take any bird or mammal from a motor vehicle (CCR Title14, section 251). Remember, the definition of “take” includes any attempt to take, such as shooting at the bird or mammal. Therefore, the only shooting allowed would be target shooting. Otherwise, a loaded gun is not allowed in or on a vehicle driving or parked on or along a road or other way open to the public (FGC, section 2006).

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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.