Category Archives: Import/Export

Bringing Fish and Game Back from Mexico

Thresher boat

P/V Thresher patrols Southern California ocean waters down to the U.S.-Mexico border and out to 200 miles offshore (CDFW photo).

Question: I fish in Mexico and have a question regarding bringing them back to the U.S. I saw a statement on Facebook where the poster said we cannot bring cowcod or fillets into U.S. waters even if we have a signed declaration to present with the fish. Despite the fact cowcod are not legal to possess in California, they are legal to catch in Mexico.

I would like to know if this is true as many things posted on the Internet are not always correct. If it is correct, is this also true for the other three protected rockfishes – canary, yelloweye and bronzespotted rockfish? If I take a legal Mexican limit of five bocaccio, would I be limited to bringing only three back into California? Also, I hunt in Mexico where it is legal to take 60 doves. At the border, could I declare the 60 doves when I cross the border or would I only be able to have the California limit of 10 doves? What are the laws? Since I am hunting and fishing in another country and abiding by their laws, do I have to also abide by California laws when I import game from another country? (Randy H.)

Answer: It is unlawful to import or possess birds, mammals, fish, reptile or amphibian taken from outside of this state unless the following requirements are met (as per Fish and Game Code, section 2353):

  • The animals were legally taken and legally possessed outside of this state.
  • California and federal codes and regulations do not expressly prohibit their possession in this state.
  • A declaration is submitted to the department or a designated state or federal agency at or immediately before the time of entry, in the form and manner prescribed by the department.

Therefore, even if the fish were legally taken in Mexico but are prohibited here in California, then they cannot be brought back here. This means while cowcod, canary, yelloweye and bronzespotted rockfishes may be legally caught and possessed in Mexico, they cannot be brought back to California. Filleting is also not allowed in Mexico, so no fish taken in Mexico can be brought back to California in a filleted condition.

There is an exception for migratory gamebirds. Migratory gamebirds, such as doves, taken in Mexico fall under the federal migratory bird regulations in the Code of Federal Regulations (CFR) Title 50. Federal regulations allow importation of doves from Mexico “not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, that if the importer has his Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he hunts in Mexico, he may import the applicable Mexican possession limit corresponding to the number of days actually hunted during that particular trip.”(see CFR section 20.61.)

Declaration for entry forms can be found online at www.dfg.ca.gov/enforcement/.


Trolling for salmon
Question: There is a one rod per angler rule in Monterey Bay. This last weekend while trolling with my husband for salmon, we had three fish on board and needed one more for the two of us to have limits. My question is, do we need to fish with just one rod as one of us has a limit, or may we fish with two rods until we catch one more fish? (Donna S.)

Answer: You can use two rods until you catch your final fish because boat limits apply in ocean waters. When there are two or more persons who are licensed or otherwise authorized to sport fish in ocean waters, fishing by all authorized persons aboard may continue until boat limits of finfish are taken and possessed aboard the vessel (CCR Title 14, section 27.60(c)).


Collecting starfish can be very expensive!
Question: Our family was at Mavericks Beach in Half Moon Bay recently. I wasn’t paying close attention when the kids were collecting things from the beach. My kids collected a starfish and snails and put them into a cooler. When a ranger saw what they had he made me put them back in the water. We didn’t know it was against the law. He wrote a ticket out to my husband as “CCR Title 14, section 29.05(d) Unlawful taking of invertebrate” and marked as misdemeanor.

We wouldn’t have let the kids do it if we knew it was illegal. What will the fines or penalties be? (Laurice P.)

Answer: Sea stars (starfish) residing on nearshore rocks between the mean high tide line and 1,000 feet seaward of the mean low tide line may not be taken (CCR Title 14, section 29.05(b)). Pursuant to Fish and Game Code section 12000, the maximum fine for this violation is $1,000.

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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.

Why Do Turtles Sold as Pets Have a Size Limit?

Red-eared Slider - Trachemys scripta (CDFW photo by Dave Feliz)

This is a Red-eared Slider (Trachemys scripta), a common turtle in the pet trade. They compete in the wild with our native Western Pond Turtle, so they should never be released. (CDFW photo by Dave Feliz)

Question: Is there a size limit on the sale of turtles that are sold as pets? (Robert Bruce, Antioch)

Answer: Yes, federal and state laws require that turtles must have a carapace (shell) length of at least 4 inches to be imported, sold or distributed (California Code of Regulations Title 17, section 2612.1). This restriction was brought into effect under the Public Health Services Act by the Food and Drug Administration (FDA) in 1975 to address the problem of Salmonella infections in children. I have heard this size was determined to help prevent children from putting these small reptiles into their mouths. Prior to the ban there were an estimated 250,000 cases of turtle Salmonellosis in children and infants that were associated with pet turtles in the United States (Source:
http://exoticpets.about.com/od/reptilesturtles/a/turtlesales.htm
.)


Sabiki rig?
Question: I frequently fish at the Point Arena pier but am not clear on a specific rule. I know you may only have two hooks on one fishing line, but is it legal to use a Sabiki rig with multiple small hooks to catch bait fish? (Steve Lum)

Answer: When fishing from Point Arena pier, you can use a fishing rod with multiple hooks as long as you don’t have rockfish, cabezon, greenling or lingcod in your possession. If you happen to catch one of these species while using more than two hooks on your line, you must release the fish.

You are limited to no more than one line and two hooks when fishing for rockfish, cabezon, greenling and lingcod, or if these species are in possession. On a public pier, you can use up to two fishing appliances (rod and reel, hoop net, crab trap, etc.) with no restrictions on the number of hooks (unless you are targeting the species mentioned above or have them in your possession).


How to legally exchange bear skulls and claws?
Question: Are there any regulations prohibiting someone from giving me a bear skull or claws if legally taken either in California or out of state? No money or goods would be exchanged. Would I need to have proof to show where the parts came from or who gave them to me? (Tom H.)

Answer: No. If the skull or claws were taken from a bear in California, and as long as no money or goods were exchanged for the acquisition, you may legally receive and possess these bear parts. If the bear parts are from a bear taken in another state, then you will need to follow the regulations for sale or gifting of bear parts from that state and submit a “Declaration for Entry” form, available online at http://www.dfg.ca.gov/enforcement/.


Why early stop shooting times for turkeys?
Question: I have been turkey hunting in California for several years and always wondered why the shooting times are limited until only 4 pm. I have heard it protects them so they can return to roost in the evening, but this makes no sense since there is an over-abundance of turkeys in California, more than a lot of other states. Many other states allow turkey hunting until sundown, similar to big game. What’s the reason for this early shooting stop time? (Dave Johannes, Modesto)

Answer: Shooting hours for the spring wild turkey season is always one-half hour before sunrise to 4 p.m. The reason for the early stop time in the spring (versus the stop time of sunset in the fall) is because the spring season occurs during turkey breeding season. Only the toms (and bearded hens) may be taken in the spring to allow the hens to nest successfully. The goal is to maximize the opportunities for hunters to take turkeys while protecting nesting hens. Setting this early shooting stop time gives the birds a break from hunting pressure, allows the toms to return to the roost and the hens to get back to their nests.  Historically, the stop time was 1 p.m., but as wild turkey numbers have flourished, the stop hunting time was moved to 4 p.m.

Turkeys typically roost communally and may have only one or no more than a few trees where they roost at night. They become more vulnerable toward the end of the day as they return to their preferred roost. If the turkeys are disturbed along the way by gun shots, they may select unfamiliar roosting areas, thus making themselves more vulnerable to predation.

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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.

Collecting Roadkill Raptors

American Kestrel (USFWS photo)

American Kestrel (USFWS photo)

Question: What are the rules concerning the use of birds of prey, such as owls, which have been killed by vehicles? I have found several in the local area which seemed to be dead along the side of the road but without evidence of damage to the body. My guess based on where they fell is they are “indirect roadkills.” If I wanted to save these animals for taxidermy or another use, would I need some kind of documentation? If so, what sort of permit would I need? It would be simple to document the finds I have made photographically at the site, but preserving them for inspection later by California Department of Fish and Wildlife (CDFW) would be harder. Thanks for your help with this. (Ken Z., Visalia)

Answer: Under both state and federal law, it is not legal to collect or possess any species of bird that is protected under the U.S. Migratory Bird Treaty Act. This would include all raptors that have been killed by vehicles. There are permits available, under very specific circumstances that allow scientific or educational facilities to salvage these birds. Organizations that believe they may qualify for these permits would be required to obtain both a federal Salvage Permit and state Scientific Collecting Permit. More information on these permits can be found at www.dfg.ca.gov/wildlife/nongame/research_permit/ and www.fws.gov/forms/3-200-10a.pdf.

Another very valuable thing the average citizen can do when they see a potential road kill is to “document the find” in one of the databases such as www.wildlifecrossing.net/california/. If it is near a State Highway, the Department of Transportation keeps records specifically for planning and coordination purposes.


Fishing license and second rod stamp
Question: I have a California sport fishing license but did not pay for the second rod stamp. When I am out ocean fishing on my boat, am I only allowed one rod? I thought since it was the ocean I can have two rods out, even if I did not pay for a second rod stamp. (Anonymous)

Answer: The second rod stamp is only required when fishing in freshwater with two poles. In the ocean, any number of poles and lines generally can be used, with some exceptions. For example, fishing for lingcod, rockfish, greenlings or cabezon is limited to one line with no more than two hooks. Also, when fishing in San Francisco Bay or when fishing for salmon north of Pt. Conception, only one rod/line may be used per person.

Other exceptions exist, such as when pier fishing – only two methods may be used. There are only a few exceptions like these, but I’d recommend reviewing the Gear Restrictions section of the Ocean Sport Fishing Regulations booklet and any regulations for the species you’re pursuing to ensure you’re following the law.


Legal to collect moon jellyfish for personal use?
Question: I am interested in collecting some moon jellyfish just for my personal use but want to be sure it’s legal. They would not be sold or traded. If legal, can I collect them under a basic fishing license or would I be required to have a marine collector’s permit? (Tucker M.)

Answer: Moon jellyfish occurring outside the tide pool zone (1,000 ft. seaward from mean high tide) may be legally taken with a fishing license and the bag limit is 35 (California Code of Regulations Title 14, section 29.05 & 29.05(a)).


Crab pot dimensions?
Question: My son wants to build his own crab pot. I think it’s a great project but I can’t find any official size regulations. He already has line, buoys and bait containers. I found a web page that described a circular pot as measuring 42 inches in diameter, 14 inches deep and weighing 90 pounds. Are those the required dimensions? Can they be bigger/smaller? Any help is appreciated. (Anonymous)

Answer: As long as the trap has “at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap” (CCR, Title 14, section 29.80 (c)), your son is free to construct a pot using any dimensions!

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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.