Category Archives: Pets

Hunting From a Houseboat?

Houseboat on Lake Shasta (Photo by Carrie Wilson)

Houseboat on Lake Shasta (Photo by Carrie Wilson)

Question: On Lake Shasta, I have heard of incidents where an archer shoots at deer on the shoreline adjacent to a beached houseboat. Is this a violation of Fish and Game Code, section 3004 which forbids the discharge of a deadly weapon within 150 yards of an occupied dwelling, residence or building? In addition, people on houseboats often throw out fruit and salad scraps for the deer to eat, so the deer have become conditioned to looking for an easy meal from houseboaters when they beach the boats. The deer wander down close to the houseboats where unscrupulous archers in houseboats or small aluminum boats prowl the shorelines near the houseboats looking for an easy kill. I can’t believe it’s legal to hunt deer from boats like this. What’s the law? Thanks for all you do. (John D., Shasta County)

Answer: Archery hunting from boats on Lake Shasta is a common practice and perfectly legal provided certain rules are followed. The lake is managed by the U.S. Forest Service and no hunting is allowed around boat ramps, marinas or campgrounds. Houseboats are considered dwellings (per FGC, section 3004), so hunting and discharging a firearm or bow within 150 yards is prohibited unless the hunters have specific permission from the boat’s occupants in advance. Hunting from boats is legal as long as when shooting the boat is not moving under the power or influence of a motor or sails (California Code of Regulations Title 14, section 251(a)(1)). Feeding deer and all big game is illegal, and this includes tossing out fruits and salad scraps for the deer (CCR Title 14, section 251.3). I you see any of this activity going on, please call 1-888-DFG–CALTIP to report violations.


Dogs hunting fish?
Question: Some friends of mine recently sent me photos of their yellow lab “hunting” fish in a stream. They claim the dog can track and then bite the fish right out of the water. The dog then brings the fish (while still flopping) back up the beach to his master, where the fish then get cleaned and cooked. Apparently, this practice is legal back East where my friends live, so now I’m wondering about California. Can dogs be used/trained to “hunt” fish here? Since this is clearly a kind of “take,” is it legal? If so, what kind of license/tag would one need? (Thom C.)

Answer: If you review sections 2.00-2.45 in both the freshwater and ocean sport fishing regulation books, you will find the approved methods of take for harvesting fish, and using a dog is not a listed legal option (California Code of Regulations Title 14, sections 2.00– 2.45).


Sharing a hunt?
Question: My hunting partner has been very assiduous in accumulating points toward a cow elk hunt and estimates that he has two chances in three this year of getting a tag. He invited me along to help cut up the carcass and to share the meat. My question is can I can bring a rifle in case a finishing shot is needed? We would only tag one elk in any case, and naturally my hunting partner would get the first shot. He’s a pretty good shot so I expect the animal to go down quickly. I’m just wondering (Walter M., Lakewood).

Answer: Leave your rifle at home unless you have a tag. The only person authorized to take or assist in taking the elk is the person with the tag.


Residency requirements to buy a fishing license?
Question: I recently went to buy a California fishing license and noted I must declare that I have resided in California continuously for the past six months. My issue is I have residences in California, Idaho and Arizona. I utilize all of them during the year but don’t spend more than six months in any one of them. Do I have to buy a non-resident license in all three states? I’m a little confused so can you please clarify the law for my situation. (G. Dzida, Redlands)

Answer: California law is clear on the definition of a “resident.” A resident is defined as any person who has resided continuously in California for six months or more immediately before the date of application for a license, or persons on active military duty with the armed forces of the United States or an auxiliary branch or Job Corps enrollees.

If you are not a California resident by this definition, you cannot purchase a California resident license. However, if you have an Arizona fishing license with Colorado River Special Use Stamp affixed to it, you may take fish from a boat or other floating device on the Colorado River or adjacent waters that form the California-Arizona border.

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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 Marine Invertebrates for a Home Aquarium?

Octopus with shrimp peering out from inside a reef at Anacapa Island (CDFW photo by Derek Stein)

Octopus with shrimp peering out from inside a reef at Anacapa Island (CDFW photo by Derek Stein)

Question: What are the explicit regulations concerning the collection of live marine organisms for use in a personal marine aquarium? I am interested in collecting octopus. From what I understand, live fish are not to be taken under any circumstances. But it seems that some other organisms are allowed as long as they do not come from a protected area. I am a marine biology student who wants to have a simple native “tide pool type” of aquarium for my own personal delight. I do have a California sport fishing license. (Cristiana A.)

Answer: Octopus may be collected for a home aquarium and transported live under the authority of a sport fishing license as long as they are exclusively for that person’s personal aquarium display. Maintaining live sport-taken octopus in a home aquarium is not considered public “display” and thus does not fall under the provisions of the marine aquaria pet trade (Fish and Game Code, sections 8596-8597). Transporting live “finfish” (as opposed to mollusks and crustaceans) is prohibited (California Code of Regulations Title 14, section 1.62).

Invertebrates collected under the authority of a sport fishing license may not be used to establish breeding colonies for sale or trade with other people. Any trading, selling or possession for sale or trade of these animals constitutes commercial marine aquaria pet trade activity and requires all parties to hold “marine aquaria collectors permits” authorizing this practice. A marine collector’s permit is also required for any animals on display for the public.

People collecting live marine invertebrates for a home aquarium may do so only under the authority of a sport fishing license, and only those species allowed under a sport fishing license may be taken. In addition, any species with sport fishing restrictions (e.g. bag, size, possession, season limits, methods of take, etc.) are still covered under those regulations, and so collectors must also abide by these laws.


Number of rods to land last fish?
Question: When legally fishing with two rods and you are one fish shy of your limit, can you still fish with two rods or do you need to cut back to just one for the final fish to fill your limit? (Neil M.)

Answer: You can keep using both rods until you get your limit.


Are premium deer tags becoming unrestricted?
Question: I have a question about premium deer tags. When reading the California Department of Fish and Wildlife (CDFW) definition of what determines if a tag is premium, it is very clear and I understand it. What I have not found is information that clarifies the procedure for a premium tag becoming unrestricted. If a tag is premium and the quota does not fill on or before the first business day after July 1, does it become an unrestricted tag the following year? That would make sense, however, when I look back at the drawing statistics in past years I have noticed it is not always what happens. As an example, A22 was a premium tag from 2003 through 2008 even though most of the 1000 tags were left over each of those years. In 2009 it went back to unrestricted. This year A22 and A31 were premium and did not fill in the drawing. Will they still be premium next year? (Steve B.)

Answer: Under the current regulations:

  • A Premium Deer Hunt is any hunt where the quota filled on or before the first business day after July 1, of the previous year.
  • A Restricted Deer Hunt is any hunt that filled on or before the first business day after August 1 of the previous year.
  • An Unrestricted Deer Hunt is any hunt that did not fill on or before the first business day after August 1, in the previous year.

The examples you provided occurred before the current regulations were adopted. The tag classification regulations that we have now where adopted in the 2009 big game drawing season.

This year, the deer tag quotas for A22 and A31 both filled on July 2, which is the first business day after July 1, so A22 and A31 will remain premium tags next year. The date in which a deer tag fills is the determining factor of which classification a tag is listed under, not whether the tag quota fills in the drawing or not. With this in mind, hunters need to pay close attention to which classification their tags are listed in each license year.

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.

Releasing Pet Ducks to the Wild?

It is not legal to release pet ducks into the wild (USFWS photo)

Releasing domestic animals to the wild is not only illegal, but most are not prepared to take care of themselves in the wild. Our pets are usually dependent upon humans for food and protection, so when released to the wild to fend for themselves, many will end up starving to death or falling prey to any number of predators. (USFWS photo)

Question: I have some ducks that I would like to find a good home for but I’m not sure where to start. They have been pets and I don’t want to eat them or risk giving them to someone else who will eat them. I’d like to release them into the wild and am hoping you can advise where I can do this. I’m willing to donate them someplace as long as I know they won’t get eaten. (Mike)

Answer: I understand you are seeking a good home for your pets, but releasing domestic animals into the wild is a bad plan and often has disastrous results. Typically, domestic animals depend on humans for food and are ill-equipped to take care of themselves in the wild. When released to the wild, many end up starving to death or falling prey to any number of predators.

If the animals do survive, they often become a nuisance in their new home and may cause damage because they tend to seek out people for food. Domestic animals also compete for resources with wildlife, and in some cases may breed with their wild counterparts which reduces the genetic fitness of wildlife populations. There is also a real possibility of introducing domestic diseases to wildlife that have no immunity. This may cause die-offs, sometimes quite massive ones. In addition to all of this, it is also against the law. Any person who willfully abandons an animal is guilty of a misdemeanor under California Penal Code, section 597s.

You might try posting a notice at a local farm or agricultural store because many of these stores regularly sell domestic ducklings. You could also search for petting zoos or small city zoos to see if they may be interested in giving them a good home. If that doesn’t work out, try advertising on the Internet. You might also check with local schools and ask friends.

Bottom line … you have a number of options to explore in your quest to find a new home for your feathered friends, but releasing them into the wild should not be one of the them.


Selling abalone jewelry
Question: I’ve recently been to a few beaches where I’ve found red abalone shells that have washed up on the shore. I’ve collected a few shell fragments and have made jewelry from them. Friends of mine have shown the items to others and now they want me to make them items as well. My questions is … Is it illegal for me to collect red abalone shells and then make jewelry, then sell them to friends, and so forth? I’ve gotten mixed answers from the Web and have tried to navigate your Website. I have seen no definitive answer. If anyone could respond to this it would be great. (Matt R.)

Answer: You may give the shells away or use them for personal use, but shells collected under the authority of sport fishing license cannot be legally bought, sold, traded or bartered.

People often ask what they can do with their old abalone shells. We get requests for shells from Native American tribes who use them for ceremonial purposes. Shells can be donated directly to a Native American Tribe, or they can be given to the California Department of Fish and Wildlife (CDFW) and we will distribute them to Native Americans when we get requests.


Deer decoys
Question: I know that baiting for big game is illegal in California, but what about using deer decoys to attract deer to a certain location when deer hunting? (Matt W.)

Answer: Yes, decoys are legal to use while deer hunting in California. However, decoys that employ any recorded or electrically amplified bird or mammal call or sound is illegal to use for big game.


Transporting smoked/canned fish
Question: We have a vacation house on the North Coast where we spend a lot of time ocean fishing and enjoy smoking and/or canning our fish. How can we legally transport this processed fish back to our home in the valley? (Jim S., Redding)

Answer: As long as you possess only the legal limit and the fish were taken legally, transporting these fish as smoked or canned is not a problem. Regardless of whether they are fresh, frozen, or otherwise preserved, no more than one possession limit may be possessed by any one person (CCR Title 14, section 1.17).

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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.

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