Category Archives: Fish and Game Code

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.

Turkey Hunting with Extra Ammo

The author with a spring turkey (Carrie Wilson photo)

When hunting spring turkeys, hunters may carry only shotgun shells with loose #2 size shot or smaller (Carrie Wilson photo)

Question: I wonder if you can settle a bet for me and my friends. They told me when hunting for turkeys, it is illegal to also carry shotgun slug ammunition. I disagree because what if someone wants to carry slugs in case they get the chance that a pig might run by. Please set us straight. (Rob, Paso Robles).

Answer: Sorry, your friends are correct! Only shotgun shells with loose #2 size shot or smaller may be in your possession while hunting for turkeys (California Code of Regulations Title 14, section 311(b)). So, if you are hunting turkeys, you cannot carry a slug because it’s not shot loose in the shell. If you are hunting wild pigs with a shotgun using slugs in the California condor range, the slugs must not contain more than 1 percent lead by weight.


Carp by spear gun?
Question: When I was a kid, we used to hunt carp with a spear gun. We’d jump into the creek and get carp up to 21 pounds. It was a lot of fun for a bunch of skinny kids with the fish pulling us all over the pool! Can you please clarify the regulations and let me know if, where, when or even if it is still doable? (Damian L., Modesto)

Answer: It is only legal to spearfish carp in the Colorado River District, parts of the Valley District, parts of the Kern River and in those areas listed in CCR Title 14, section 2.30. It is only legal to spearfish carp in the areas listed in this section.


Carrying a sidearm
Question: I am new to hunting and have a question. I understand that in order to hunt with a handgun, the barrel length needs to be four inches or longer. However, I have a Ruger Super Redhawk Alaskan 454 Casull 2.5 inch barrel. I do not plan to hunt with it, of course, but would like to know if I can carry it as a back up. I do not want to purchase another gun if I already have one. Please help me with my question. (Daniel K., Los Banos)

Answer: Regulations do not restrict you from carrying a sidearm while hunting except when hunting during an “Archery Only Season” for that species or while hunting under the authority of an “Archery Only Tag” during the “General Season” for that species.

And, the four inch barrel length for handguns only applies when hunting for elk and bighorn sheep. Pistols and revolvers with any barrel length using centerfire cartridges with softnose or expanding projectiles may be used to take deer, bear and wild pigs. In the California Condor Zone, all ammunition in your possession must be certified non-lead.

See sections 311, 353, 354, 465, & 475 in the 2012-2013 Mammal Hunting Regulations for specific methods authorized for taking birds and mammals.  These regulations are available online at www.dfg.ca.gov/regulations/.


Transporting baitfishes
Question: I have a question regarding transporting finfish. Is it legal to catch anchovies and shiners by throw net and then transport them to the fishing location? I would like to do this in San Francisco Bay but would not take Bay fish to other waters (or take ocean baitfish into Bay waters.) If it’s all within the Bay, does that still indicate “transporting?” If so, is there a distance limit? For example, can I net baitfish near a marina with parked boats and take them 50 to 100 yards to a legal fishing site? California Department of Fish and Wildlife (CDFW) regs refer only to restrictions on freshwater species but do not refer to saltwater and San Francisco Bay fish. We all just want to play by the rules, so can someone please clarify for us? Thank you. (Gino P., Cotati)

Answer: It is legal to use a Hawaiian-type throw net in the ocean north of Pt. Conception (including San Francisco Bay) to take some species, including anchovies and shiner surfperch. For a complete list of species that may be taken with this gear, please see section 28.80 in the Ocean Sport Fishing regulations.  There is no minimum distance provided in the regulations, and bait fish taken inside San Francisco Bay may be used inside the Bay.

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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 Don’t Wardens Release All Poached Animals?

Game Warden Kyle Kroll with K-9 detection dog, Buck, and the 57 poached abalone that they seized (Photo by Debra Hamilton for CDFW)

Game Warden Kyle Kroll with K-9 detection dog “Buck” and 54 poached abalone that they seized (Photo courtesy of CDFW)

Question: I support the work of the California Department of Fish and Wildlife (CDFW) and want to congratulate and say thank you for all your services. However, I was watching an episode of “Wild Justice” recently and something didn’t seem right about the way the game wardens carried out a couple of operations. On the show, game wardens busted a poacher with 42 abalone. The wardens spied on a group and knew they were fishing illegally, so why didn’t they stop them when they came back to the beach? Why did the game wardens allow the group to pull the abalones away from the beach and wait? By the time you guys busted the group, all 42 abalone were dead. My 4-year-old daughter couldn’t understand why you didn’t catch the poachers as soon as they hit the beach so the abalone wouldn’t have had to die. Can you please give me an answer so that I can explain it to her? (Christopher R.)

CDFW K-9 detection dog with a poached abalone she seized (Photo by Debra Hamilton for CDFW)

CDFW K-9 detection dog “Coco” with a seized poached abalone (Photo courtesy of CDFW)

Answer:  Wardens are often faced with the dilemma of when to make contact on a poaching case. According to CDFW Lt. Patrick Foy, there are circumstances where a warden can make an excellent poaching case, contact the perpetrator, and return the live animals to the water/or wild. Those cases usually result in a fine. There are other times, such as the one you reference, where an effort needs to be made to prove that the perpetrator’s actions weren’t just a one time occurrence by a person who wasn’t aware of the law. If a warden can document that the perpetrator’s actions were planned, and intended to make a profit poaching wildlife, it is called commercialization. Commercialization cases are difficult to make, but when a warden makes them, they can lead to life-time revocation of fishing privileges, steep fines, and even jail terms. The wardens in the case you watched made the judgment that the loss of 42 abalone was necessary to permanently take the poachers out of business.


Wolves from another state?
Question: Is it legal to hunt and bring a wolf hide from another state into California? (Stephen H.)

Answer: It is legal to bring a wolf hide legally acquired in another state or province into California. You are required to complete a declaration of entry pursuant to section 2353 of the Fish and Game Code when the hide enters the state.


Fishing for crayfish in a stream closed to other fishing?
Question: Can crayfish be taken from a trout/steelhead stream closed to fishing?

Answer: Yes, taking crayfish by legal methods other than hook and line is allowed in streams closed to fishing. (See California Code of Regulations Title 14, section 5.35(e).)


Vintage Native American jewelry?
Question: I realize buying and selling bear claws is prohibited in California, but is there an exception in the law for vintage Native American jewelry? These old pieces often include bear claws in their designs, which are an important part of their culture. (Neil Z., Burbank)

Answer: No. The purchase or sale of the pieces or parts of any bear is prohibited in California. The law does not provide any exception for bear parts used in Native American art or ceremonial pieces of any age (Fish and Game Code, section 4758).


Maximum number of crab traps allowed?
Question: What is the maximum number of crab traps allowed for recreational fishermen? I see a limit of 10 hoop nets but nothing for traps or pots in the regulations. I’m fishing the Bodega and Tomales areas.

Answer: North of Pt. Arguello (just north of Pt. Conception), a recreational fisherman may use any number of crab traps or pots except when fishing from a public fishing pier, where the limit is two fishing appliances, such as crab traps or pots, per person.

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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.