Category Archives: Regulations

Aggressive Deer Gone Rogue in Local Park

Black-tailed does with young fawns can be very protective of them when they perceive threats (even people with dogs on leashes). When this happens, they may act  quickly and aggressively to drive the threat away (Photo by Carrie Wilson)

Black-tailed does with young fawns can be very protective when they perceive threats and may act quickly and aggressively to drive the threat away (Photo by Carrie Wilson)

Question: I had a weird thing happen the other day. I was walking with my dog in a local Monterey park when a doe deer came right up to us. My dog ran out after her and the next thing I knew I heard yelping and looked out to see the doe standing over my 60 lb. dog, kicking it repeatedly. This cannot be normal! Typically, the deer run away from my dog when he chases them. There’s something wrong with this deer. Can you please come get this rogue deer so that it does not threaten other people in our neighborhood? (Spooked in Monterey)

Answer: While this situation may seem unusual, there is probably nothing wrong with this doe. You should be aware that this is fawning season and it sounds like this doe may have had a young fawn or fawns nearby that it was trying to protect. For California black-tailed deer, fawning season runs roughly April through July, and during this time the does can be very protective and will do all they can to defend their young against predators. These deer may view domestic dogs as a threat even if the dog is being walked by the owner on a leash or even in the owner’s backyard. This doe may have viewed your dog as a potential predator and instinctively acted quickly and aggressively to drive it away from the area in order to protect her fawn(s) against this perceived threat. Does that have lost their fear of people may also act aggressively toward humans who wander too close to their fawns. This is a temporary situation and aggressions usually subside once the fawns become more mobile.

Does will hide their fawns in locations away from other does while they go out foraging. This ensures that the fawns imprint on their mothers and not on another doe. In urban or suburban areas, these fawning sites may quite often be in public parks or secluded backyards where plenty of plant life creates protective cover. Once the fawns become strong enough to travel and can keep up with their mother, the doe will lead them back to where she lives. In the interim, it is best for you and other dog owners this time of year to give any deer you encounter a wide berth and keep your dogs on a leash.

In addition, allowing your dog to chase big game constitutes harassment and you may be cited for it (California Code of Regulations, sections 251.1 and 265).


Fishermen and firearms on boats?
Question: We do not have a concealed carry permit but while camping we keep a loaded pistol in our camper for personal protection. We would prefer not to leave it in the camper while we are out on the boat fishing. Is it legal to carry an unloaded firearm (pistol) on a boat while fishing in the ocean? If so, does it have to be in plain sight or can it be kept in a glove box on the boat? (Lisa G., Granite Bay)

Answer: California Penal Code, section 25400 provides: A person is guilty of carrying a concealed firearm when the person does any of the following:

  1. Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
  2. Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person.
  3. Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

However, the above section does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition (California Penal Code, section 25640).

A summary of firearms laws is available online at http://dfg.ca.gov/enforcement/ under Helpful Information on the right margin.


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 education course as long as you can show proof that you have passed a hunter education class in Michigan or can produce a valid hunting license issued to you within the last two years. If you cannot produce proof of a hunter ed class or a recent hunting license, 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 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.

When the USDA Checks Wild Waterfowl, is it a Bad Sign for Hunters?

Mallard pairQuestion: On the last day of hunting at Modesto Reservoir we had a lady from the United States Department of Agriculture that swabbed our ducks and geese for parasites, etc. I asked her why she was doing this and she smiled at me. So then I said, “Is it that Foster Farms has been having problems with viruses?” She just smiled again and nodded her head.

I can’t help but wonder what Foster Farms is up to but can bet they are up to no good for hunters. They had problems with their chickens in Livingston and other places so I can’t help but wonder if they are trying to tie this to our waterfowl. I think there is a good story here for somebody who wants to take the time to make the phone calls and dig it out! (Ron W.)

Answer: While this is an interesting question, Ron, there’s no conspiracy going on here against waterfowl hunters. I asked Krysta Rogers, Avian Specialist and Environmental Scientist for the California Department of Fish and Wildlife (CDFW), and here’s what she had to say:

“In response to the recent detections of avian influenza in Washington in December 2014, the United States Department of Agriculture and United States Geological Survey, in coordination with state wildlife agencies, initiated active surveillance through swab sampling of hunter-harvested waterfowl in several states, including California. Avian influenza viruses naturally circulate in wild bird populations, primarily in species that are associated with an aquatic habitat. Therefore, monitoring wild waterfowl for avian influenza activity is one of the most efficient surveillance tools for determining what viruses are circulating worldwide. Between 2006 and 2011, CDFW participated in similar surveillance efforts to aid in the detection of avian influenza viruses. As with the previous surveillance, state and federal wildlife agencies do not foresee any impacts to wild waterfowl populations or to hunting.

“Recently, in the western United States, two main viruses have been detected, H5N2 and H5N8. Both viruses have previously been found in other parts of the world. While these viruses are not known to cause significant disease in wild waterfowl, they can cause high mortality in domestic poultry. Surveillance of hunter-harvested waterfowl has resulted in additional detections of these viruses in California, Oregon, Utah and Idaho. The H5N2 virus has been detected in backyard poultry flocks in Washington and Idaho while the H5N8 virus has been detected in a backyard poultry flock in Oregon and a commercial turkey flock in Stanislaus County, California.”


Managing multiple fishing rods on the Sacramento River?
Question: If two anglers are anchored on the Sacramento River bait fishing for sturgeon and both have second rod validations allowing them to fish with four rods collectively, if one person then hooks up, is it legal for the other person to reel in the other three rods while that person is fighting the fish? In other words, is it legal for the person not trying to reel the fish in to clear the other three rods? (Monty R.)

Answer: Yes, provided the anglers are fishing in a location where the second rod validation is operative. Legally, since each fisherman is only authorized to fish with up to two fishing poles, the fisherman trying to bring in the other three poles would have to first secure one of his fishing rods so that it is no longer being used to fish. That would leave two fishing poles to reel in, which would be within the angler’s legal authority to do.


Dead heads
Question: I’ve been up shed hunting and recently have found a couple mountain lion kills. Can I legally take the dead heads? How do I prove it’s a dead head and not a poached deer? (Brice R.)

Answer: You should avoid picking up anything that is fresh but it is not illegal for someone to pick up bleached antlers. In addition, you can sell sheds that you have found but they must have been manufactured into products or handcraft items, or have been cut into blocks or units which are to be handcrafted. You cannot sell whole antlers with heads attached (Fish and Game Code, section 3039(c)).


Selling sea urchin jewelry
Question: Is it legal to use legally harvested/farmed California uni biproducts for jewelry to be sold in retail? I have a local fish market that sells large amounts of the purple urchins they obtain from Catalina Seafood. I obtain the eaten shells and use the spikes for crafts. Is it legal to sell them in California as well as globally? (Alexandra F.)

Answer: Commercially-taken sea urchin spines can be sold in jewelry, but sport-harvested marine resources may not be sold, bartered, traded, etc.

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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.

Although They Sell Deer Chow, Don’t Be Deceived

Even if you find deer chow for sale in your local feed store, it is not legal to use to feed deer or any big game in California. (Photo of a white-tailed deer courtesy of USFWS)

Even if you find deer chow for sale in your local feed store, it is not legal to use to feed deer or any big game in California. (Photo of a white-tailed deer courtesy of USFWS)

Question: I was at my local feed store today and was astounded to find bags of Purina Deer Chow for sale, and another feed for wild pigs. I know it is illegal in California to feed big game animals, including deer, bear, elk, wild pigs and pronghorn. So why is it okay to sell deer food? I asked the proprietor and they said that it was not illegal to sell the food and that their customers wanted the product. Isn’t this a little bit like saying it is okay to sell drugs, even if it is illegal to use them? What is the rationale for allowing the sale of a product when its use is banned? (Roy “Confused in Caspar” Falk)

Answer: Although feeding deer or any big game species is prohibited in California, deer are allowed to be fed in other states. Hunters are even allowed to bait them in some states, probably even with this feed. The deer picture that they show on the package is of a white-tail deer which we don’t have here in California. Feeding deer unnaturally concentrates the animals in a very confined location and increases the potential spread of disease. It also makes them more vulnerable to predation by mountain lions and coyotes who quickly figure out where to find concentrated numbers of deer. CDFW has investigated many cases of deer feeding that inadvertently attracted mountain lions which killed the deer the people were trying to feed.

You’re right to feel confused and I’ve asked the same question. It doesn’t seem right since it sends the wrong message to the customers, but the Fish and Game Code generally doesn’t regulate the products that feed stores and pet stores may carry. Many also sell ferret food, and those animals are illegal to possess in California.


Why do fishing and hunting license fees increase every year?
Question: Why do fishing and hunting license fees and various cards and tags increase in price every year? This concerns my friends and me as we are of the older population of California and are on fixed incomes. Hunting and fishing are some of the only pleasures we have to enjoy in our old age, but it is becoming so costly we won’t be able to afford it if you keep raising prices. (Bill D.)

Answer: California law establishes fishing and hunting license fees each year, not the Department of Fish and Wildlife (CDFW). The base fee for sport fishing licenses is established in Fish and Game Code, section 7149 and the fees for stamps and most report cards are established in other sections of the Fish and Game Code or California Code of Regulations, Title 14.

According to CDFW License Program Analyst Glenn Underwood, the Fish and Game Code, section 713 requires license fees to be adjusted in response to increases (or decreases) in costs of goods and services using an index called the “Implicit Price Deflator.” This index is a gauge of the change in the cost of goods and services from year to year.

For example, as hatchery, law enforcement and wildlife management costs have increased, license fees needed to increase to keep pace with these rising costs. Essentially, license fees are adjusted to compensate for inflation. If license fees were not adjusted for inflation, then funding for fish and wildlife management and protection would actually decrease because the “buying power” of a dollar has declined over the years.

License fee increases over the past five years have ranged from a low of 1.2 percent in 2013 to a high of 2.8 percent in 2011. The average index over the past five years has been 1.91 percent. For 2014, the cost of goods and services increased by 1.3 percent and 2015 license fees increased accordingly. If the cost of goods and services were to decrease, then license fees would actually decrease the same percentage. However, when is the last time the cost of living actually decreased?

Although fishing and hunting license fees have increased throughout the years, the increase ensures that the CDFW has adequate funding to manage California’s diverse fish and wildlife resources and provide the public with enjoyable fishing and hunting experiences.


Hunting by javelin?
Question: I just tried javelin throwing for the first time and it sparked an idea that I could hunt with this for big game mammals. But I can’t find it specified anywhere in the mammal hunting regulations booklet. Does this mean that since it isn’t mentioned it’s illegal to use to take down an animal? (Brent L.)

Answer: Yes, you are correct. Hunting by spear or javelin is not a legal method of take for big game.

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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.

 

Hunting Sea Ducks

Surf Scoter (Photo courtesy of Ducks Unlimited)

Question: I would like to hunt sea ducks and target surf scoters this waterfowl season. Is this legal? If so, how does one know where it is legal to hunt from shore? Also, if hunting from a boat, I know the motor must not be utilized except to retrieve birds. What other guidelines are there for hunting from a boat? (Scott S.)

Answer: Surf scoters and other sea ducks are found along the entire coast but hunting for them is more popular north of the Golden Gate Bridge in northern California (such as Humboldt Bay) and in Oregon and Washington. Hunting from shore is legal provided that the shoreline is not private (unless you have permission to be there). It also must not be in an area covered by one of the numerous ecological reserves, marine reserves, state parks, etc. along the California coast (see Fish and Game Code, section 2016, for the parameters).

The best thing for you to do is select an area you’re interested in hunting and then contact some local hunting clubs or stores for specific tips and recommendations. Be sure the area allows for discharging of firearms and that you will not be hunting on private property or in one of the parks or reserves that do not allow for hunting.

As far as hunting from a boat, you may not hunt or kill birds while “under power”. In order to legally hunt from a boat, the boat may not be moving due to the influence of the motor.

In general, hunting from navigable waters is legal, as long as the person stays in the boat. Exceptions to this would be the same as the legal closures I listed that cover shoreline hunting.


Multi-day permit question
Question: I have a multi-day fishing permit to use on my personal boat. What is considered a 24-hour day for meeting my daily bag/catch limit? For example, if I am lobster fishing and I catch my limit of seven lobsters before 12:00 am, does a multi-day permit qualify me and everybody onboard my boat at 12:01 am to continue fishing through the night to catch our next day’s limit of lobsters? If not, is a day of lobster fishing considered one complete night so that the next limit of seven lobsters can only be taken the following night? Also, do the same rules apply for fishing, and are all daily bag limits on a 24 hour rotation ending at 12:00 am? If not, then when do they end? (Chris P.)

Answer: A Declaration for Multi-Day Fishing Trip requires that the trip is continuous and extends for a period of 12 hours or more on the first and last days of the trip. If you were fishing or diving for lobster for 12 hours or more before midnight (12:00 a.m.) on the first day of your trip, then you would be able to take your second day’s limit after midnight, as long as your trip extended for at least 12 hours on the second day as well.

The multi-day fishing permit is intended to allow persons fishing offshore, on a trip that lasts multiple days, to catch and keep up to three daily limits of finfish, lobster and rock scallops (in Southern California). In addition, no berthing or docking is permitted within five miles of the mainland shore (California Code of Regulations, Title 14, section 27.15).


Rod and reel and crab fishing at the same time?
Question: Can you set crab pots from a boat, and once finished, fish with a pole as long as the fish are in season? Thanks for your help on this question (Craig J.)

Answer: Yes, there’s no fishing regulation that prohibits rod and reel fishing while you’re soaking your crab pot.


Is it legal to post signs on land you do not own?
Question: I’ve been finding some of my favorite hunting areas now have “No Hunting” signs hung on the fence lines. The problem is these signs are being posted by people who don’t even own the land! This has got to be illegal but I’m not sure what the regulations actually say here. Can you offer us some help? (Jack L.)

Answer: It is illegal for someone to post any sign prohibiting trespass or hunting on any land unless authorized by the owner or the person in lawful possession of the property. By the same token it is also unlawful for any person to maliciously tear down, mutilate or destroy any sign, signboard or other notice forbidding hunting or trespass on land (ref. FGC Section 2018.)

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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.

Ethics of Shooting Birds on the Water or on the Ground?

Wood duck pair (Photo by Carrie Wilson

Wood duck pair (Photo by Carrie Wilson)

Question: Is it lawful to shoot a bird that is on the water, or if I’m field hunting, to shoot a bird that is standing on the ground? I do not consider it sporting, but I was party to a group of hunters that took part in the above actions. Just curious what the official word is on this. (Nick V.)

Answer: It’s not illegal, but it’s certainly not sporting as it violates the Fair Chase Principle. “Fair chase” is the ethical, sportsman-like, lawful pursuit and taking of any free-ranging animal in a manner that does not give the hunter an unfair advantage over such animals. In addition, it can also be unsafe to shoot birds on the ground or on the water because nearby hunters might be in your line of fire.


Is it legal to keep legal-sized fish caught in hoopnets?
Question: If I catch fish in a hoop net while lobster fishing, are they legal to keep provided they meet any size requirements? I have been throwing them back because I’m not sure it is legal to catch them that way. Someone told me they must be caught on fishing line only. What about sea snails and octopus that are caught in my hoops? Can other line-caught sportfish, such as tuna, be used as bait in lobster hoops? Please advise. (Steve G.)

Answer: You were correct to return fish caught in your hoop nets because hoop nets are not a legal method of take. Finfish may only be caught by hook-and-line except in very specific circumstances listed under “Finfish – Gear Restrictions” in the Ocean Sport Fishing Regulations booklet (California Code of Regulations Title 14, section 28.65).

Taking sea snails and octopus caught incidentally in your lobster hoop net is not allowed (CCR Title 14, section 29.10(a)). Any finfish that is legal to take or possess in California may be used as bait in your lobster hoop net.


If license is forgotten, will a photo copy of license do?
Question: My son and I fish from our private boat almost exclusively and keep our sport fishing licenses aboard so they are always present. On rare occasions we will attempt to fish without the boat, and a few times have forgotten to bring our licenses. To prevent us from mistakenly being without our fishing licenses, can we show a photo copy of our licenses or can the California Department of Fish and Wildlife (CDFW) issue more than one copy to a sport fisherman? (Murray C.)

Answer: Good questions, but the answers to both are no. You must have a valid fishing license in your possession when fishing or attempting to take fish, and you must present it to a game warden upon request. Additionally, only one license may be issued to a person per year.


Importing buffalo hides and products?
Question: Are there any restrictions on importing buffalo hides or buffalo art productions into California?

Answer: American buffalo (Bison bison) are considered a domestic breed of bovine (like cattle, goats and sheep) and thus no Fish and Wildlife laws regulate them. American buffalo hides are not restricted by CDFW and so they may be imported or possessed as long as they were obtained legally. However, the live importation of other species of true buffalo (e.g. African Cape Buffalo, etc.) or their hides is restricted by law (CCR Title 14, section 671).


Is it legal to catch carp and trout by hand?
Question: I recently read a post from people saying they had caught carp by hand in a lake. Is this legal in California? I have caught trout by hand in streams when I was younger, but wasn’t sure if that was legal either. Can you please clarify? (Nick)

Answer: There are no freshwater finfish species that can be legally taken by hand from any California lake waters within the state (only exception: a few fish species are allowed to be caught by hand during specific times in a few non-lake areas, as per CCR Title 14, sections 1.76 and 2.30.)


Electronics and hunting?
Question: Is there any law against mounting a camera to the scope of a rifle to record my hunting experience? (Barry N.)

Answer: No, there is no law against this as long as there is no light emitted from the camera.

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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.

Bowfishing in the Surf?

bowfishing_IndianHeadRanch

Bowfishing (photo courtesy of Indian Head Ranch)

Question: Is it legal to bowfish in the surf? Regulations say bowfishing is not allowed within 100 yards of the mouth of a stream. I’m guessing on the beach it is ok for finfish, like spotfin croakers? However, I do know some beaches prohibit bowfishing because they consider a bow and arrow a deadly weapon. Do you know which ones? (David T.)

Answer: You should check with your local police or sheriff’s department first to determine if there are any city or county ordinances prohibiting the use of bow and arrow fishing tackle. If not, it is legal to bowfish in the surf under the following conditions: Spears, harpoons and bow and arrow fishing tackle may be used for taking all varieties of skates, rays and sharks, except white sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may be used to take finfish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, broadbill swordfish, white shark, green sturgeon and white sturgeon (California Code of Regulations, Title 14, section 28.95, 27.90 and 27.91).


Can you hunt waterfowl not listed in the regulations?
Question: I know there are quite a few types of ducks that are not listed in the waterfowl regulations (e.g. teal, mergansers, etc.). If a species is not specifically mentioned, does this mean that they can or cannot be hunted? (Joe D.)

Answer: The waterfowl regulations apply to all species of geese, ducks and mergansers. Coots have different regulations. As long as the waterfowl species you wish to take does not have more specific regulations than the general bag limits, then that non-specified waterfowl species can be included in your general bag.


Retrieving game from private property?
Question: Where can I find the regulations on retrieving game that has moved onto another’s property after being shot? I believe that it is legal but I can’t find the regs. (Joe D.)

Answer: There are no regulations which allow you to recover game that ends up on private property. You are expected to retrieve all game you harvest and not to cause wanton waste by failing to recover something you’ve shot, but you must get permission from the landowner to legally enter their property. If you are not able to reach them for permission, you may contact the local game warden or sheriff and request assistance.


Buying diamondback rattlesnakes from Texas for taxidermy?
Question: I want to buy dead western diamondback rattlesnakes for taxidermy from a seller in Texas. From what I read in the regulations, it is OK. The shipper just needs to label the box with the contents. If this is legal, can you please provide the code section regarding buying/importing dead rattlesnakes? (Bryan W.)

Answer: Dead rattlesnakes can be purchased and imported into California (Fish and Game Code, section 2353). You will just need to make sure the shipment comes with a completed Declaration for Entry form identifying what it is and where it’s coming from. This declaration must be submitted to the department or a designated state or federal agency at or immediately prior to the time of entry. Declaration is not required if shipped by common carrier under a bill of lading.

This form may be photocopied. The original copy of the declaration form shall be retained by the person importing the fish or game into the state. One copy shall be mailed to the Department of Fish and Wildlife, 1416 Ninth St., Sacramento, CA 95814, within 24 hours after entering the state. One copy shall be deposited at the point of entry with any state or federal agency or officer, and one copy shall remain with the fish or game if transported by other than owner or common carrier.

“Point of entry” refers to the city or town nearest your point of entry into California.


Lobster hooping from a public pier?
Question: While lobster hooping from a public pier, the maximum number of nets per person is two. Can a person with two nets deployed for crab/lobster simultaneously use a fishing rod for finfish? What about if the person has a fishing license and lobster card? (Steve G.)

Answer: No, the regulations state that people fishing from a public pier can fish with only two “appliances,” so the two hoop nets and one fishing rod for fin fish would total three. You don’t need a fishing license to fish from a public pier, but anyone fishing for lobsters must have a valid lobster report card.

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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.

Hunting and Shooting from a Mountain Bike

Shooting or taking game from a bicycle is not specifically prohibited by Fish and Game laws. However, shooting a firearm from, upon or across a public road is prohibited (Photo by Sam Soholt of Will Jenkins and provided courtesy of Cogburn Outdoors)

Shooting or taking game from a bicycle is not specifically prohibited by Fish and Game laws. However, shooting a firearm from, upon or across a public road is prohibited (Photo by Sam Soholt of Will Jenkins and provided courtesy of Cogburn Outdoors)

Question: I will soon be taking off to the mountains to do some mountain quail and tree squirrel hunting. In past years, after arriving at hunting camp, most of my hunting was done on foot and so I couldn’t cover much ground in a day. Last year I took my grandson with me to start teaching him a little about gun safety, hunting and camping in the wild. After walking for a while he got tired and wanted to rest. We were walking along a logging road and he told me he wished he had his bicycle with him. This got me to thinking that with a bike I could cover a lot more area, be basically silent, use no fossil fuel and get some much needed exercise to boot. So, for my hunting trip this year I purchased a mountain bicycle and got it geared up with saddle bags and a handle bar gun rack for my shotgun.

Now I’m all ready to go but can’t find any hunting laws, rules or regulations concerning guns and bicycles on logging roads. Here are my questions: Can I legally shoot from my bicycle while stopped with my feet on the ground or do I have to completely dismount the bicycle to shoot?

Can I have a shotgun shell in the chamber while on my bicycle (like while walking) or must I have the chamber empty and action open like when in a motor vehicle?

Can I carry a holstered six shot, black powder pistol with five rounds capped on my bicycle or do all the nipples have to be uncapped as in a motor vehicle? I don’t want to do anything illegal or get into any trouble, so I would appreciate any help with these questions. (K. Broberg)

Answer: Shooting or taking game from a bicycle, whether on it or straddling it, is not specifically prohibited in California Fish and Game laws. However, section 374c of the Penal Code prohibits shooting a firearm from or upon a public road. A logging road is not a highway but it may be a public road depending on multiple factors, including who owns and/or maintains the road. But, in any case it is advisable to always be off any road before shooting even if it is not expressly prohibited by law.

Loaded rifles or shotguns are prohibited in any vehicle or conveyance “while standing on … any way open to the public” (Fish and Game Code, section 2006). In your case the bicycle is a conveyance and the logging road is a way open to the public — assuming it is open to travel by everyone and not just to those having specific permission from the owner. Bicycles may NOT be used in designated Wilderness Areas.

California Department of Fish and Wildlife (CDFW) law does not prohibit carrying a holstered six shot, even in a motor vehicle. The loaded-gun law applies only to rifles and shotguns (Fish and Game Code, section 2006). There are other law enforcement agencies that do have strict laws against carrying loaded guns in vehicles though.


Beach curfews
Question: I happen to live on the beach and enjoy late evening beach walks but rarely do so due to the 10 p.m. beach curfew closing. I’ve heard that despite any beach curfews, you can be on the beach fishing at any hour as long as you have a fishing license and are legally fishing. If this is true I could just bring a surf rod with me at night to walk and have some fun bouncing a lure in the surf. Does that sound reasonable? (Shane S.)

Answer: Local beach curfews are often imposed for public safety and they take precedence over state ocean fishing open hours. While there are no time limitations when fishing for finfish, you must abide by the beach curfew. Sorry!


Roadkill is not food!
Question: A friend recently hit a deer, causing about $1,200 damage to the vehicle. He picked up the deer and put it in his truck to take home for food. He was stopped by a sheriff’s deputy who told him to take the deer out of his vehicle or he would be cited. I heard that it is legal to pick up “roadkill.” Can you please clarify this? (Sandy B.)

Answer: The officer was correct. It is illegal to pick up roadkill wildlife in California. No one may possess wildlife in any form unless the animal was legally taken by a licensed hunter during the hunting season for that species and while using approved harvest methods. Given this, even if the first criteria were true (your friend was a licensed hunter), motor vehicles are not a legal method of take. The next time your friend sees an animal killed on the roadway, he should not attempt to retrieve it for any purpose.


Can you lure a lobster out of a hole with a sardine?
Question: Are you allowed to lure lobsters out of a hole with a piece of sardine in your hand? (David C.)

Answer: Sure, you can give it a try, but I don’t know how successful you’ll be. The law says that skin and scuba divers may take crustaceans by the use of the hands only and may not possess any hooked device while diving or attempting to dive for them (CCR Title 14, section 29.80). There is no prohibition against waving snacks in front of them.

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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.

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