Category Archives: Roadways

Shipping Abalone Out of State

Posted on October 15, 2009 by | 3 Comments

 

Red abalone can be shipped out of state only certain conditions. (© Derek Stein)

Red abalone may be shipped to people out of state, but only certain conditions. (© Derek Stein)

Question: I read your answer to a recent question regarding whether trout can be shipped across state lines, and you said the answer was no. Are there similar restrictions on shipping abalone to friends in other states? Thanks. (Kelly K.)

Answer: The possession limit for abalone is three, so you may not ship more than three abalone at any time. Neither the shipper nor the recipient may possess more than the legal limit at any given time. You also may not offer for transportation by common carrier more than one bag limit at a time, and the common carrier transporting the abalone may not legally receive for transportation more than the bag limit during any interval of time (CCR Title 14, Section 29.15).

The abalone must be shipped whole, in the shell, with the tags still attached. Abalone can only be legally removed from the shell once they are being prepared for immediate consumption. Abalone may not be shipped by parcel post.

Keep in mind that to send or give abalone to an out-of-state person, you must also abide by the importation laws of the state where the abalone will be going.  Different states may have different importation regulations that prohibit or restrict such shipments. Check with the authorities of the state where you’d like to ship for their requirements before trying to do so.

Bow Fishing in Local Lakes?
Question: I bought all the bow fishing tackle to start bow fishing and went out to a local lake where I have seen a lot of carp. When I was putting my boat in, a park ranger stopped me and said bow fishing was illegal in our county. Is this correct? I did not see anything in the Department of Fish and Game (DFG) regulations book pertaining to this. (Shawn C.)

Answer: While DFG does not prohibit bow fishing in certain waters, some local jurisdictions do not allow it because the gear can be considered a weapon, raising public safety concerns. Local regulations may also prohibit bow fishing from public piers in the ocean. Bow and arrow fishing tackle is also authorized only for certain species and in certain areas of DFG regulations (CCR Title 14, Section 2.25).

Loaded Guns on Private Property Behind Locked Gates?
Question: When hunting on private property that is located behind locked gates from the nearest public road, can hunters be cited for having a loaded rifle (unexpended cartridge in chamber) in a vehicle? While I always remove the cartridge from the chamber of my rifle when I get in my vehicle for safety reasons, I thought from a legal perspective a loaded gun in a vehicle was unlawful only when “on or along a highway, or other way open to the public” as specified in Section 2006 of the California Fish and Game Code. I don’t plan to change my habits of unloading a cartridge from the chamber when I get into a vehicle, but want to make sure I am reading the code properly. Thanks. (Christian K.)

Answer: You can legally have a loaded gun in a vehicle as long as you are on private property behind locked gates with no public access. For obvious reasons, though, this practice is strongly discouraged due to safety concerns. Many hunter accidents have occurred due to loaded firearms in vehicles. And remember, despite the provision here allowing for a loaded gun, you are still not allowed to take an animal by discharging the firearm from a vehicle — even if you are on private property.

Deer Hunting with a Dog?
Question: I know it’s not legal to use a dog during the archery seasons for deer and bear, but what about taking my dog out after archery deer season is closed? I have a lab that is a little gun shy and isn’t much into hunting, but I do like to take him with me into the outdoors. He isn’t a deer hunter of any sort and more than likely will hinder my ability to get one, but I’d still like to take him deer hunting with me. May I legally take him along as a companion? Thanks. (Andrew H.)

Answer: You are correct that you may not have a dog in the field with you during archery season for deer and bear, but after the season closes you may take him with you. According to retired DFG Capt. Phil Nelms, the use of dogs for the pursuit or take of mammals or for dog training purposes is prohibited from the first Saturday in April through the day preceding the opening of the general deer season in many dog control zones throughout the state. During the general deer season, one dog per hunter is allowed in the field. (CCR T14, Section 265).

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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.

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Posted in Abalone, Deer Hunting, Firearms/Ammunition, Fishing, Import/Export, Methods Of Take, Private Land, Roadways

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Are Hunters a Threat to Hikers and Campers?

Posted on September 3, 2009 by | 3 Comments
Hunting-related accidents with campers and hikers are rare (Photo © Carrie Wilson)

Hunting-related accidents with campers and hikers are rare (Photo © Carrie Wilson)

Question: As an avid outdoor hiker/camper (“primitive”) in the wilderness, I have just learned that there is year-round hunting of some sort throughout California, especially on Forest Service and Bureau of Land Management (BLM) land. Since I wear and use materials that “blend” with nature, I am now very concerned about whether I should be changing my pup tent and clothing to international orange! As much as I respect the right to hunt and recognize its importance in helping to manage wildlife, I am very concerned about the safety of hikers/campers like myself being shot in the crossfire!  What are the statistics concerning hunting accidents of this nature in California? (Pam K.)

Answer: Public hunting is allowed on most U.S. Forest Service and BLM properties but not within National Parks or California State Parks. In addition, most wild game in California have very regulated seasons. Accidents due to careless hunters as you describe here are rare.

According to Hunter Education Administrator and Capt. Roy Griffith, California sells nearly 300,000 hunting licenses per year, yet averages only about 16 hunting (firearm-related) injuries per year, with two or fewer resulting in death.  In these cases, the injured person is typically a member of the shooter’s hunting party. This year California had its first injury in more than 10 years in which the victim was not a hunter (a farm worker received a minor “peppering” when an individual shot at a dove out of season).

Studies in other states have proven wearing blaze orange reduces the number of hunting accidents that result in injury. While California law does not require hunters to wear blaze orange, it is highly recommended. In fact, DFG recommends that anyone sharing the outdoors become familiar with local hunting opportunities and seasons and wear blaze orange during the local big game seasons. For more information on California’s hunting opportunities and seasons, check out www.dfg.ca.gov/about/hunting/.

Seaweed and shells for Native American Indian ceremonies?
Question: Do I need a permit to harvest seaweed from a public beach for the purpose of making instruments (primarily rattles) to use in ceremony, or shells to adorn them or for special uses (such as adding them to basket weaving projects)? I am an old California Native American Indian woman, emanating from Monterey County, and I would appreciate any information that you may allow me to have. Thank you — be blessed. (Xielolixii)

Answer: Individuals may collect certain marine plants for personal use only. This could include using them to create handicraft or ceremonial items, as long as none of those products are commercialized (traded, bartered or sold).

Harvest is not allowed for eel grass (Zostera), surf grass (Phyllospadix) or sea palm (Postelsia). These marine plant species may not be cut or disturbed (Section 30.10). In addition, marine protected areas and state reserves may restrict or prohibit cutting or harvesting of other aquatic plants, so be sure you know where you are when collecting.

For all marine aquatic plants authorized for take, the daily bag limit is 10 pounds wet weight in the aggregate (except as provided in Section 28.60). For the most part, there are no closed seasons, closed hours or minimum size limits for any species of marine aquatic plant.

A fishing license is not required for the take of marine plants, but any critters (even the smallest mollusks) that are attached to the plants may require a license. Kelp forests are home to and even a food source for many small invertebrates and fishes, so if any of these animals are hitchhiking on the plants when you collect them, you must have a sport fishing license.

Guiding fish caught from a pier to the beach?
Question: If an angler fishing without a license from a public pier hooks a fish and then guides it to the beach end of the pier, can he land that fish while standing with his feet in the sand? (Randy O., Santa Cruz)

Answer: Not legally. The privilege to fish without a license from a public pier applies only to anglers while on the pier. As soon as the angler leaves the pier there are no free passes. Only licensed anglers may fish (or land a fish) from the beach, even if the fish was first hooked while the angler was on the pier.

Archery shooting from a road?
Question: I know that a hunter cannot shoot a firearm from a roadway or the shoulder of the road, but do the same laws apply to archers?

Answer: Yes. According to Game Warden DeWayne Little, no arrow or crossbow bolt may be released from a bow or crossbow upon or across any highway, road or other way open to vehicular traffic. This includes the improved shoulder of a roadway or its right-of-way (Section 354[e]).

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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.

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Posted in Archery, Fishing, Methods Of Take, Recreation, Regulations, Religious/Cultural Use, Roadways

What’s Too Much Fishing Help?

Posted on February 19, 2009 by | Leave a comment

(Photo: DFG photo by Ed Roberts)
Ed Roberts with son Daniel on a recent fishing trip together proudly displaying Daniel's first bonito.

Question: When my kids were learning how to fish, I would often cast the rod and set the hook for them but then allow them to fight the fish and bring it in. My question is, in the DFG’s eyes, how much “help” is too much when you’re fishing with another angler? I can see how some dads might let this get out of hand by using their kids as an excuse to fish four or more rods (and to take home extra limits) when actually they are the only one doing the fishing.

One more question: Although kids don’t need a fishing license, is it possible to purchase a two rod stamp for them so they can fish with two rods like I do? My son is now 14 and would like to be able to fish with two rods, too. We enjoy your column! (Vern M.)

Answer: We always encourage parents to teach their kids to fish, but what we often see are parents doing all of the fishing while their kids are preoccupied and playing in the background. You are allowed to help your child, but given the scenario you mentioned above, if a game warden believes that you are the one doing the fishing, you may be cited. You can help your kids with the casting and all fishing activity, as long as your child is actively involved with the activity. They must be holding the rod and learning how to cast and reel. The child also must be closely attending the line. Just having a child in the area does not entitle any adult to fish without a license.

Anglers under 16 are not required to purchase a California sport fishing license and are allowed to fish with two rods in inland waters without the stamp, as long as they are fishing in an area where it is legal to use two rods.

Do You Need a Steelhead Report Card When Fishing in Steelhead Waters?
Question:The local lagoon that sometimes supports anadromous fish is currently home to a school of striped bass. I would like to fly fish for them (catch-and-release only) but since I know steelhead may also occur here, will I need to have a steelhead report card in my possession to do so? I am not interested in fishing for steelhead and would instead prefer for them to stay in the river to run upstream and spawn. There is a very remote possibility that I might hook one, though. The regulations seem to suggest I do not need a card, but I would like to know for sure before wetting a line. (Rob K.)

Answer: You do not need to purchase a steelhead card unless you intend to target steelhead or to keep any you do catch. If you accidentally catch one while fishing for stripers, just return it to the water immediately.

Can You Have a Loaded Gun in a Vehicle on a Private Road?
Question: I know that it is not legal to have a loaded gun in a vehicle when on public roads and in public accessible areas, but what about when on privately owned property where all access is controlled via locked gates? (Scott H.)

Answer: You are correct that it is against the law to carry loaded guns in a vehicle when upon or along a public way (Fish and Game Code [FGC] Section 2006 and Penal Code 12031). When behind locked gates, however, there are no laws preventing this, although common sense and safety should preclude doing so. Many of the hunting accidents we investigate are caused by people getting into or out of a vehicle with a loaded firearm. Despite this allowance, it is still unlawful to shoot at any game bird or mammal from a motor vehicle, even when on private property (FGC Section 3002.)

Is It Legal to Sale Sport-Caught Fish?
Question: Is it legal to take sport-caught fish to a tackle shop/distributor and trade them in for fishing tackle or trade with any other business (restaurant) for that matter? I have heard of quite a few people doing this with all sorts of fish caught from sport boats and private boats. (Walter L.)

Answer: No. Fish caught under the authority of a sport fishing license cannot be bought, sold, traded or bartered in any manner (FGC Section 7121). If you have knowledge that an illegal activity is going on, I encourage you to contact our CalTIP line at 888-334-2258 to report it. You should provide as much information as you can that will help law enforcement in its investigation, such as locations, names, descriptions of the people, vehicle information, the time of day, where the violations are occurring, etc. Your report will be confidential and you may be eligible for a reward of up to a $500 if your tips result in convictions for the crime.

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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.

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Posted in Buy/Trade/Sell/Gift, Firearms/Ammunition, Fishing, Licensing/Permits/Stamps/Report Cards, Lines/Rods/Equipment, Private Land, Recreation, Roadways

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