Category Archives: Licensing/Permits/Stamps/Report Cards

Remote-Controlled Electric Aircraft in California Reserves?

Yolo Bypass Wildlife Area (Photo by Robert Sahara)

Yolo Bypass Wildlife Area (Photo by Robert Sahara)

Question: I am a conservation advocate and an avid wildlife photographer. Over the last several years, I have been photographing birds and landscape views of Southern California’s wildlife areas. I am interested in expanding this documentation with video, and in particular aerial video taken from a remote-controlled electric helicopter. While I am very aware of the need to not disturb or harass local wildlife, I am wondering if there are regulations that restrict or prohibit the use of RC-aircraft in or around the perimeter of ecological reserves and conservation areas? (Bill K.)

Answer: There is no general prohibition against using radio-controlled “vehicles” in wildlife areas (California Code of Regulations Title 14, section 550). However, in ecological reserves, prohibitions against: 1) disturbing any bird, mammal, etc.; 2) operating vehicles; and 3) operating any type of aircraft or hovercraft without permission may apply (CCR Title 14, sections 630(a)(1) & (a)(4) and (a)(17)). There is also a provision that prohibits the use of any motorized, hot-air, or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing 48 hours after any big game hunting season in the same area (CCR Title 14, section 251(a)). In addition, a permit could be required if there are concerns your aircraft will “ … herd or drive… or disrupt animal’s normal behavior patterns, which includes, but is not limited to breeding, feeding or sheltering …”

Under federal regulations, this may be illegal if you are using the video for any commercial purpose.  “Under current federal aviation rules, using unmanned aircraft — what commonly are referred to as drones — for commercial purposes is prohibited in the United States.”

Please contact the Regional Manager for the area you intend to visit for information on the application of these laws. For a list of contact numbers available, please go to www.dfg.ca.gov/regions/.


Serving abalone at a fund-raiser?
Question: My husband and I are residents of both Humboldt and Sutter counties. We occasionally dive for abalone in Humboldt where we live. If we don’t consume them right away, we freeze them whole in the shell as the local game warden advised us years ago. I also work for a nonprofit hospice in Sutter County and they are having a fundraiser in May at a private house, where many of our staff will prepare appetizers for 100 guests. I want to prepare abalone appetizers from three abalone that we already have tagged and frozen from last season. The event is being professionally catered for the meal and dessert and so they are selling tickets, but no one is paying for or making money from the abalone I want to cook. The abalone is such a minuscule part of the meal. I just want to make sure I am allowed to bring it to an event like this and I was not able to find anything specific about that in the regulations. Please advise. Thank you. (Amy M., RN)

Answer: Sport-taken abalone may not be bought, sold, bartered or traded (Fish and Game Code, section 7121.) If sport-taken abalone are used for a non-profit fundraising dinner, then the cost of attending the dinner must be advertised as a requested donation to the organization putting on the dinner. In your situation, if you are just providing a few abalone for an appetizer, and as long as the dinner is not advertised to contain abalone in order to sell more tickets to the fund-raising dinner, then I think that would be ok. However, you should contact your local game warden where you will be having the dinner to confirm they are in agreement.


Running dogs with GPS for pigs and coons?
Question: Since bear and bobcat hunting with hounds is now banned in the state of California, can we still use GPS collars on hounds for hunting pigs, coons, etc.? (Dean C.)

Answer: You may use dogs to hunt raccoons and pigs, however, the use of GPS collars is prohibited (CCR Title 14, section 265(d)(2)).


Poke poling – need a license?
Question: Do I need a fishing license to poke pole for monkey-faced eels? (Anonymous)

Answer: Yes, the only exceptions are if you are 15 years old or younger or if you are fishing from a public pier or the most seaward jetty of a public harbor. Otherwise a fishing license is required and all regular fishing regulations apply.

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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.

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.

Lobster Fishing Changes Coming?

DFG Marine Biologist Travis Buck holds a California spiny lobster caught in a traditional hoop net (DFG photo)

CDFG Marine Biologist Travis Buck holds a California spiny lobster caught in a traditional hoop net (CDFG photo)

Question: Why do lobster report cards run calendar year (Jan. to Dec) instead of from the beginning of the season to the end (Oct. to March)? It seems it would be less labor-intensive and more accurate to receive landing data once a year rather than twice a year, and you wouldn’t be charging fishermen double to be able to fish the full season. (Jack)

Answer: Lobster report cards run calendar year because they have been linked to fishing licenses, which have always run calendar year. The California Department of Fish and Wildlife (CDFW) is not “charging double” because a report card purchased in early January can be used for the last 2-1/2 months of one lobster season, and the first three months of the next lobster season.

However, your question is timely. The Fish and Game Commission is considering changing lobster report cards to run through the season beginning in October with the 2013-2014 lobster season. This is possible with the recent implementation of the Automated License Data System (ALDS). Under the proposal, the new deadline for the return of seasonal lobster report cards would be April 30. Anyone who fails to return or is late returning their report card by the deadline will be charged a $20 non-return fee when purchasing a lobster report card for the following season. Details and full language of the regulation change proposal are posted at:  www.fgc.ca.gov/regulations/2013/. If you’d like to provide comments to the Fish and Game Commission, the deadline is March 5 and you can do so by e-mail at www.fgc.ca.gov/contact/.

One of the main reasons for the institution of a report card was to determine the number of sport fishermen who target lobster and the number of lobsters that are being taken. Nearly 30,000 lobster report cards were sold each year from 2008-2011, and more than 37,000 cards were sold in 2012. By contrast, there are  about 150 active commercial lobster fishermen. CDFW is mandated by state law to manage the lobster resource, which includes both the commercial and recreational lobster fisheries.

The CDFW is currently developing a Lobster Fishery Management Plan (FMP).  Details at www.dfg.ca.gov/marine/lobsterfmp/.

For lobster report card data summaries, visit www.dfg.ca.gov/marine/lobsterfmp/lit.asp.


Alabama rig revisited
Question: I work for a Southern California county lake and saw a new rig that is being sold in stores known as the “Alabama Rig.” It consists of a set-up where you can clip 3-5 lures onto a swivel-type attachment to make it appear like a school of bait fish. I try to stay current with the state freshwater regulations so I can keep fishermen informed as well. I remember seeing in the current state freshwater regulations that there is a maximum two hook set-up per line. Are these “rigs” legal to use? I would greatly appreciate your answer. (Matt T.)

Answer: Yes, an Alabama rig may be used, but only when modified to use no more than three hooks. When the Alabama rig is configured to comply with California law, many call it a California Rig. See a previous entry on Alabama rigs from this column at http://californiaoutdoors.wordpress.com/2011/12/page/2/.


Is it legal to hunt with my .223 caliber AR 15?
Question: Unless laws change by the time the season opens, will I be able to hunt deer in California with a .223 caliber AR 15? (John C.)

Answer: Fish and Game hunting laws authorize using any firearm rifle using centerfire cartridges for taking deer, as long as the firearm is otherwise legal to possess in California. Although the caliber is legal, the .223 round is considered by most big game hunters to be too small for the take of deer.


Selling antique deer heads and a deer antler chandelier?
Question: I’m an antique dealer in Riverside County and have an old deer head and a deer antler chandelier. Is it permissible to sell these items in my shop? (Sharon C.)

Answer: Yes and no. If those birds or mammals are found in the wild in California, the sale or purchase of those animals, and/or their parts, is prohibited (Fish and Game Code, section 3039). If the items you have are made from species of deer NOT found in California (e.g. white-tailed deer, caribou, reindeer, etc.), then you may sell them. Only black-tail and mule deer occur naturally in California. However, shed antlers or antlers taken from domestically-reared animals that have been manufactured into products or handcraft items, or that have been cut into blocks or units which are to be handcrafted, may be purchased or sold.

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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.