Category Archives: Title 14

When Bullies Intentionally Harm Wildlife

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If while driving you encounter geese or other wildlife crossing the road, give them the right-of-way or risk a fine of $1,000 and six months in jail. (USFWS photo)

Question: I live in an over-55 community in Rio Vista. There are wild turkeys here and Canada geese, which many of us love. Last month someone deliberately ran into turkeys crossing a road to go to their roosting trees. A man who went out every evening to watch them “fly up” saw a car actually speed up to hit them. The driver floored the accelerator and plowed into them instead of slowing down to let them pass. Six were killed. The California Department of Fish and Wildlife (CDFW) was called, and presumably never caught the guy.

A few days ago a golfer in a golf cart plowed into a bunch of geese crossing the golf path. He hit and injured one. The golfer didn’t stop. A woman walking her dog saw it happen and confronted the golfer who said, “Well, the geese shouldn’t be crossing the path.” Yesterday on a main road outside the community a turkey and babies were crossing; eyewitnesses said that instead of slowing down, a car sped up and killed at least the parent.

Many people here are very upset by bullies in vehicles intentionally killing innocent animals. I am making a flier that will go to people on the Nextdoor community email. I want to tell what the legality is about deliberately killing a wild turkey or Canada goose and what the possible consequences might be. I can’t seem to find a clear answer yet and was hoping you could help. (Judith A.)

Answer: Scenarios like you are describing are very disturbing and constitute several violations. The use of a vehicle to take turkeys or geese violates the law because vehicles are not a lawful method of take (California Code of Regulations Title 14, sections 311 (Upland Game/Turkey) and 507 (Migratory Birds/Geese)). Pursuing, driving, herding or taking any bird or mammal from any type of motor-driven vehicle is also prohibited (CCR Title 14, section 251). In addition, no person shall harass, herd or drive any game or non-game birds (CCR Title 14, section 251.1). Violations of Fish and Game Code and Title 14 regulations such as these are generally punishable as misdemeanors, with fines of up to $1,000 and six months in jail (see FGC, section 12002 (a)).

Hopefully, you will not encounter these types of situations again, but if you do try to collect as many details as you can including vehicle type, license plate number, date and time. Then call the 24-hour CalTIP hotline at (888) 334-2258 or send an anonymous text to 847411 (tip411). In the message, text CALTIP followed by a space and then the information. You can even send photos. Remember, you can remain anonymous and may receive an award for your efforts.


How to find “What’s Open and What’s Closed” in ocean waters?
Question: I’ve spent hours on the CDFW website trying to find the season and take limits for halibut. Can you please tell me if you know the answer? (Richard G., Redondo Beach)

Answer: Yes! And next time you have a question like this, here’s the first and best place to check: http://www.wildlife.ca.gov/Fishing/Ocean/Regulations/Fishing-Map. This is a great resource, so please bookmark this page! You will find a clickable map of California here. Just click on the portion of the state (along the coast) where you’d like to fish and a list will pop up of exactly what’s open and what’s closed in that area. Then, if you click on the species you’re interested in, you will be provided with the basic fishing regulations and requirements for that species.

In your case, since you are from Redondo Beach and are wondering about California halibut, just click on that location and you will find the following information will immediately pop up:

  • California halibut: The recreational fishery for California halibut (Paralichthys californicus) remains open year-round. The daily bag and possession limit is five fish south of Point Sur, Monterey County. The minimum size limit is 22 inches total length.

In addition, if you click on “California halibut” in this reference, you will find a hot link that will take you to an informational page that will provide you with additional life history information and interesting facts about this species. The same is offered for most every other fish species that you will find included on this clickable map. We always keep this site current and up-to-date, so you can count on that!


How do hunters deal with fleas and ticks?
Question: I’m not a hunter but am wondering if there is a concern for hunters having to deal with fleas and/or ticks jumping off a cooling carcass when field dressing the animal? (Kelly B., Los Angeles)

Answer: Many animals have fleas and ticks and hunters are encouraged to protect themselves from bites by using appropriate sprays or products to reduce the chance of bites and diseases like Lyme disease.

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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.

Wild Pig Keeps Wrecking Our Landscaping

Wild pigs can cause significant damage to residential lawns and landscaping with their aggressive rooting behavior while in their quest for grubs, subterranean insects and their larvae, as well as the succulent roots of the grass they are uprooting (Creative Commons photo)

Wild pigs can cause significant damage to residential lawns and landscaping with their aggressive rooting behavior while in their quest for grubs, subterranean insects and their larvae, as well as the succulent roots of the grass they are uprooting (Creative Commons photo)

Question: We live in a residential subdivision in Gualala in Sonoma County and there is a wild male pig rooting around the homes. This pig is making himself at home and rooting up the unfenced ground around our home. Most everyone who lives around here has had this guy at their home. This is a 2- to 5-acre residential zoning so we cannot shoot him, not that we want to. He follows the same evening route just before sunset. I have no objection to Fish and Wildlife setting a trap box here. We don’t venture around our place after sunset. This pig has been sighted in the past two weeks by about six people. We have weekly garbage service which no doubt is an attraction and our homeowners association has notified its membership. What can be done to stop this marauding pig that’s wrecking all of our landscaping? (Jeff W., Gualala)

Answer: First of all I suggest you make sure no garbage or artificial food attractants are being left out to draw the animal into your neighborhood. Talk to your neighbors about this and make sure your homeowners association spreads the word, too.

Homeowners associations differ from place to place, but most are within a designated city limit and most cities impose firearm discharge restrictions for the general populous. Thus, this would make shooting the pig unlawful in most situations. As such, hunting and immediate take are not options. Landowners or your housing association can apply to the California Department of Fish and Wildlife (CDFW) for a depredation permit and then contact a local pig removal company or a federal trapper through USDA Wildlife Services (who operate in select California Counties) http://www.aphis.usda.gov/wildlife_damage/ to trap and remove the pig.


How many rounds of ammo are allowed for an AR-type gun?
Question: When reading CDFW regulations, I find a shotgun is limited to three rounds of ammo, but I cannot find anywhere how many rounds of ammo a rifle or AR is limited to. I’d like to know as I want no trouble when I go squirrel hunting with my AR-type gun. (Robert K.)

Answer: There are no restrictions in the Fish and Game Code on the number of rounds a rifle can hold while hunting. Rifles sold in California for the past several years are restricted to a 10-round capacity. This is due to other firearms laws in the Penal Code.


Range finding scopes on compound and crossbows?
Question: There are scopes with range-finding capabilities for compound and crossbows available on the market. Is it legal to have one of these scopes mounted on a bow or crossbow in areas where I am legally allowed to hunt in California? (Tim)

Answer: Scopes with laser rangefinders are not prohibited. Just be sure the device does not project any visible light or electronically intensify light for the purpose of either visibly enhancing an animal or providing a visible point of aim on an animal (California Code of Regulations Title 14, section 353(i)). These devices may be used only for the take of nongame and furbearing mammals as provided in the Mammal Hunting Regulations (CCR Title 14, section 264.5).


How to become a licensed federal trapper?
Question: I have a friend who lost some livestock to either coyotes or a mountain lion. He wants to protect the rest of his animals and was advised to contact the local government trapper. How can a person become a licensed trapper authorized to track down and remove these problem predatory animals? (Anonymous)

Answer: Contact the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS). The mission of this agency is to provide federal leadership and expertise to resolve wildlife conflicts to allow people and wildlife to coexist. For more information, please go to http://www.aphis.usda.gov/wildlife_damage/.


Can wildlife officers check my fishing license by my CDL?
Question: While buying my license recently, I was told by the vendor that we no longer need to carry our fishing licenses with us. He said wildlife officers can now scan people’s California driver licenses (CDL) to verify the purchase. Is this true? (Rick B.)

Answer: No, you are still required to have your actual sport fishing license in possession while fishing (CCR Title 14, section 700) and to present your actual license upon request to any wildlife officer who asks (FGC, section 2012). CDFW wildlife officers do not carry CDL scanners.

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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.

How to Get to Shore when Boat Fishing is Closed?

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Kayak fishing (Creative Commons photo)

Question: I’m aware that during the non-boat rockfish season (i.e., winter/spring), anglers are required to either fish from shore or spearfish for these species. My question is in regard to whether using a boat to access an on-shore fishing spot is acceptable. Specifically, can I use my boat or kayak to reach a good shore fishing location, fish from shore and catch my fish, then get back in the boat for the ride home? I wouldn’t be fishing from the boat, but instead using it to transport me to my shore fishing location. Thanks for your help. (Rick R.)

Answer: No, I’m afraid you will need to strap on your hiking boots and walk in to your favorite fishing spots along the coast during the boat-based fishing closures. Arriving by boat would not be legal as each of the groundfish management areas have a specific section stating, “No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision.” Depending upon which groundfish management area you plan to fish in (Northern [27.25], Mendocino [27.30], San Francisco [27.35], Central [27.40] or Southern [27.45]), this regulation can be found under section (c)(3).


Luring fish with licorice for bait?
Question: My brother and I have two burning questions we have been wondering about. Is it legal to fish with licorice as bait? Also, we observed a man with a syringe injecting air into his bait worms so they would float off the bottom. What do you think the purpose was and is this legal to do? (Marcus O.)

Answer: Processed foods, such as licorice, are legal under bait regulations for inland waters (found beginning in California Code of Regulations Title 14, section 4.00). It is also legal to inject air into a fishing worm and many such kits are found at sporting goods outlets. This method can be a very effective way to keep a worm off the bottom of lakes with heavy bottom vegetation.


Are black mussels from Bodega Bay under quarantine, too?
Question: While we were fishing from the shore in Bodega Bay last weekend I noticed a lot of beautiful black mussels on the rocks. I believe the limit is 10 lbs/person but wanted to make sure it was the safe season to eat them. Are they under quarantine for domoic acid, too? Thank you for your help!!! (Ben L.)

Answer: You are correct that the limit is 10 pounds (in the shell) for California sea mussels and bay mussels in combination (CCR Title 14, section 29.55). Mussels are not currently under quarantine. The California Department of Public Health (CDPH) monitors for natural toxins that occur along the coast that may affect wild mussels. Mussels are regularly quarantined on an annual basis, usually from May through October, because mussels are a particularly high risk species because they have the ability to concentrate toxins very quickly. When dangerous levels of toxin are detected in mussels, CDPH will begin testing other shellfish species as well for these toxins, if samples are readily available. If samples are not easily obtained, or if toxin levels are increasing rapidly, CDPH will issue a press release announcing a special health advisory for the potentially toxic seafood species in the affected area.

To check for real time advisories, go to http://www.dfg.ca.gov/marine/healthadvisory.asp.To check for an advisory or quarantine in advance of any mussel-collecting trip, you can also call the CDPH Biotoxin Information Line at (800) 553-4133. For more information about the annual mussel quarantine, please visit the CDPH website at http://www.cdph.ca.gov/Pages/MusselQuarantineFAQ.aspx.


Can pesky squirrels be relocated?
Question: Is it permissible to relocate pesky squirrels that are destroying or damaging private property? (Fred, Redding)

Answer: No. Small nuisance mammals that are damaging property may be taken by the owner but may not be released alive except in the immediate area. Relocating nuisance wildlife not only relocates the problem but also places the critter into an area where it has no established shelter or food and water source, and could potentially spread disease. A depredation permit may be issued for tree (gray) squirrels, unless it is the gray squirrel season when hunters are allowed a four squirrel bag and possession limit.


Must fishing license be carried while spearfishing?
Question: If I am spearfishing from the shore and return with my take, do I need to have my fishing license on my person or can it be in my car? (William H.)

Answer: Persons diving from a boat or shore may have their license on the boat or within 500 yards on the shore, respectively (Fish and Game Code, section 7145).

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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.

Retrieving Game After Shoot Time

Waterfowl hunting at dusk (USFWS photo)

Question: This situation happened to me. Five minutes before the end of shooting time I knocked down a snow goose that fell out of range and started swimming. I waded after it in the flooded rice field but couldn’t catch it or get within range until after shooting time ended. In a case like that, do I shoot late or let it go and risk a waste of game citation? Do wardens consider “spirit of the law” as opposed to “letter of the law?” (Jim S.)

Answer: If you are “in hot pursuit” of the goose, you should be able to reach it before the end of shoot time, or at least within a minute or two! Bottom line answer is this: It is illegal to take the bird after legal shoot time. If a warden was watching you pursue the game and shoot late, they would use their judgment as to whether a crime was committed. On the other hand, waste of game only applies when a person does not make a reasonable effort to retrieve. If the hunter tries to catch it and it swims off, it is a reasonable effort. Breaking the law is not a reasonable effort. So, if the hunter doesn’t shoot late, no laws are broken!


Lures with glowing light attractants?
Question:I just saw some new trout lures containing little glow sticks to attract fish. Someone told me that using light to attract fish is illegal and hence these lures are illegal to use. What do you think? (Shawn A.)

Answer: These lures sound as if they are legal. There are no fish and game laws prohibiting using light to attract fish. Lights may be used at night when and where such fishing is allowed, and lights may be used on or as part of any fishing tackle (California Code of Regulations Title 14, section 2.15).


Buying an extra license to keep handy?
Question: Several years ago, I lost my fishing license and could not locate the
duplicate, so I was forced to purchase a new license. About a month later, I found the lost license, and at that point technically had two licenses for the same year (with ocean enhancement validation, etc). I found that having an extra license gave me piece of mind because as I transitioned from my car to a friend’s, to a boat, to a sport fishing charter, I could keep one in my dry box (that goes from car to boat) and another with my fishing gear. Is there any regulation prohibiting me from doing this intentionally? From an economic point of view, it would be worth the extra cost to me to have the extra piece of mind, and I don’t mind that the funds go to an important state program. Can I purchase more than one fishing license so that I can always be sure to have one in my possession, no matter how forgetful I become? (Brent C., Santa Barbara)

Answer: Unfortunately, you cannot purchase more than one license intentionally. However, if your license is lost, you may purchase a duplicate license.

According to California Department of Fish and Wildlife (CDFW) Sport Fishing Program Analyst Glenn Underwood, a person is prohibited from obtaining more than one license, tag, permit, reservation or other entitlement of the same type, except for certain short term licenses (Fish and Game Code, section 1053(1)). This section does allow a person to obtain a duplicate license, tag, permit, reservation or other entitlement upon the loss or destruction of the original with the payment of the duplicate fee.

CDFW has an Automated License Data System (ALDS) that keeps track of the licenses a person has purchased and makes obtaining a duplicate sport fishing or hunting license easy from any license agent. The ALDS enforces license rules regarding the number of licenses a person may possess and will not allow a person to purchase a second annual sport fishing or hunting license.


Starfish hunting
Question: Is it legal to take a starfish off the rocks in the ocean? If it is, do you need a license? (Mike H.)

Answer: Sea stars (starfish) may not be taken off the nearshore rocks in California if they are between the mean high tide line and 1,000 feet seaward of the mean low tide line. Outside of this zone you may take 35 sea stars, and yes, you’ll need a valid fishing license. And if you do still choose to venture out past the 1,000 ft. zone for them, and you’re north of Yankee Point, you can only take them while free diving (CCR Title 14, section 29.05(d)).

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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.

Best Practices for Disposing of Fish Remains

Only certain ocean fish are allowed to be filleted at sea. Check section 27.65 (c) in the Ocean Fishing Regulations booklet

While returning fish carcasses after filleting back into the waters where taken can be appropriate for recycling nutrients, you should first check to be sure there are no regulations prohibiting the practice at your location. Doing so from a party boat at sea, like this one, is perfectly legal to do. (Photo by Carrie Wilson)

Question: Is it a good practice to dispose of fish or crab carcasses/guts back into the waters they came from? It would seem that returning the fish remains would be a better ecological practice than sending it to the landfill. What is the best sustainable practice? (Ben M.)

Answer: Returning fish carcasses after filleting back into the waters where taken is sometimes, but not always, appropriate for recycling nutrients. Open ocean environments are more appropriate for this practice but be advised of fillet restrictions. And while it differs from port to port, many harbor masters will not allow carcasses to be dumped inside of harbors because too many decomposing fish carcasses may deplete the oxygen supply in the water. This has been a severe issue in many areas in recent years when concentrated fish oil from too many carcasses in bays or harbors caused seabirds to get sick and die. This occurred when excessive amounts of fish oil contaminated their feathers and they become flightless.

Returning fish carcasses back into freshwater environments may or may not be appropriate, and sometimes it’s outright prohibited. Be aware of the rules in the areas where you plan to do this. In shallow waters and along shorelines, especially in high elevation mountain lakes, there may be local or municipal regulations prohibiting this practice.

Public parks and lakes may also have no-dumping policies within a certain distance from shore due to health concerns and the smell and image of discarded fish carcasses in waters where people are swimming and recreating.

Bottom line … while returning fish carcasses after filleting back into the waters where taken can be appropriate for recycling nutrients, you should first check to be sure there are no state, city or municipal regulations prohibiting the practice at your location.


Is a junior hunter allowed to hunt wildlife refuges by themselves?
Question: I purchased a hunting license at 17 years old and it’s a junior hunting license. Now that I am 18 years old (and still have a junior hunting license) can I hunt wildlife refuges by myself or do I need to be accompanied by a person with an adult hunting license. (Andrew C.)

Answer: Yes. Now that you are 18, you may hunt wildlife refuges independently even though you have a junior hunting license.


Spearfishing in San Francisco Bay?
Question: Is spearfishing for halibut and striped bass allowed in San Francisco Bay? I believe the law changed when it became legal several years ago to spear striped bass. I know that people now spearfish for stripers lawfully in the Sacramento River. Can they do so in the bay as well? And what about for halibut? (Alistair B.)

Answer: Yes, spearfishing is now allowed for striped bass and continues to be allowed for halibut. You may not possess a spear within 100 yards of the mouth of any stream (California Code of Regulations Title 14, section 28.90(a)), and there may be local laws due to safety considerations that do not allow SCUBA diving in parts of the San Francisco Bay.


How many rounds are allowed in a hunting firearm?
Question: How many rounds are legal in a hunting firearm while hunting? I think it’s 10 but somebody else says it is five. Can you please shine some light on the subject for us? (Juan M., California hunter)

Answer: Most rifles hold three to five rounds, but the Penal Code allows for up to 10 rounds. There are no Fish and Game Code sections that restrict the number of rounds a rifle may hold. It would be unlawful to purchase or use a rifle purchased after the enactment of the 10-round restriction found in the Penal Code. There are ammunition restrictions depending upon where you are in the state and what species you are hunting. It is unlawful to use or possess a shotgun capable of holding more than six cartridges at one time to take any mammal or bird (Fish and Game Code, section 2010). Shotguns capable of holding more than three rounds when taking game birds and game mammals is prohibited (CCR Title 14, sections 311, 353 and 507). Beginning in 2019, all ammunition used while hunting must be certified as nonlead ammunition.

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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.

Keeping Homes Inhospitable to Nuisance Raccoons

Raccoons are illegal to keep as house pets (USFWS photo)

To prevent raccoons and other nuisance wildlife from taking up residence in and around your house and yard, your best course of action is to concentrate on making your house and yard inhospitable (USFWS photo)

Question: Raccoons come up through the culverts in our neighborhood and are causing a lot of trouble. Last year, there was one that tore a vent off our house and got in the subfloor and tore up our ducts under there. This year one of them attacked my dog in our back yard. The vet bill was very expensive. Can I trap them in live traps and have animal control euthanize them for me? (Kathy C.)

Answer: You can trap them but Animal Control may not want to euthanize them for you. Your best course of action is to concentrate on making your house and yard inhospitable. Bolster up your exterior vents and doors to prevent raccoons and other unwanted wildlife from moving in to use for cover. This also means remove all attractants (dog food, fallen fruit, koi ponds, water fountains, etc.). Even water can be an attractant, especially this year. If you do all of this but continue to have a problem, the law allows that it is legal to kill raccoons at any time when they are causing damage.

Some excellent additional information is available online from the UC Integrated Pest Management Program at http://www.ipm.ucdavis.edu/PMG/menu.house.html#VERT.


Measuring short lobsters without bringing them onboard
Question: When hoop netting for lobsters from a boat, how are we supposed to bring the nets to the surface and accurately measure the lobsters without pulling the hoop nets onboard? The law states that it is illegal to bring any undersized lobster onboard any vessel, but it is virtually impossible to measure them while hanging over the side of the boat, especially when it’s dark, there’s a swell in the ocean and the boat is bobbing up and down. I’m asking because recently a friend of mine was cited for bringing up his net and placing it on the deck of his boat so he could measure his catch. Can you please clarify this? (Miguel Z.)

Answer: Lobsters cannot be brought onboard boats or kayaks for measuring and must instead be measured at the waterline. Pull up the hoop net, step on the line and lean over and measure it … though I know, easier said than done in the dark and in rough seas.

California spiny lobsters must measure a minimum of three and one-fourth inches along a straight line on the mid-line of the back from the rear edge of the eye socket to the rear edge of the body shell. Lobsters may be brought to the surface for the purpose of measuring, but no undersize lobster may be brought aboard any boat and retained. All must be measured immediately upon being brought to the surface. Any undersize lobster must be released immediately into the water. In addition, spiny lobsters shall be kept in a whole, measurable condition, until being prepared for immediate consumption (California Code of Regulations Title 14, section 29.90).


Transporting migratory game birds
Question: I know the rules state that while bird hunting you must leave a fully feathered wing intact until you get home. When I get back to my trailer at camp (which is considered my second home), can I remove the wings, vacuum seal the bird and freeze it, or do I have to wait until I actually get to my primary home? (Rob D.)

Answer: All birds, including migratory game birds, possessed or transported within California must have a fully feathered wing or head attached until placed into a personal abode or commercial preservation facility or until prepared for immediate consumption. Doves must have a fully feathered wing attached (CCR Title 14, section 251.7(b)).

Waterfowl and other migratory birds that are going to be transported anywhere must have a fully feathered wing or head attached (except for doves, which must have a wing attached). A trailer in camp is not your “abode.”


Selling mounted trophies
Question: I received a collection of museum-quality African game trophies in a divorce settlement and would like to sell them. I recently moved to California but the mounts are still in Alaska. They are not animals that exist in California. Can I sell them on eBay? I want to unload these animals legally. I have read the statutes. I need to know if I can work with someone in Fish and Game, show them the collection, and get their advice. Alaska Fish and Game already gave me an email saying they could be moved to California and sold. (Mary Jane S., Sacramento)

Answer: You should contact the U.S. Fish and Wildlife Service about any mounts that you would like to import to California and sell. The sale of birds or mammals found in the wild in California is prohibited by Fish and Game Code, section 3039. In addition, California Penal Code, section 653o prohibits the importation for commercial purposes, sale and possession with intent to sell a number of African wildlife species that may be in your collection.

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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.

Electronic Decoys, Sunrise/Sunset and Bowfishing for Tuna

Gray Lodge Wildlife Area (Photo by Carrie Wilson)

Gray Lodge Wildlife Area (Photo by Carrie Wilson)


Question: I need some clarification regarding electronic waterfowl decoys. My duck blind partner and I are contemplating buying one of the new electronic decoys. These brand new electronic decoys have wings that flap up and down like a real bird. They can either be motorized tug lines that move the decoys, or electronic feet that cause rotation or flapping of the feet, or they may spray water or swim. The wings on these decoys do not spin or rotate in any way but they are electronically powered. Due to how these are operated, our understanding is that these are legal decoys that can be used throughout the entire season. Please clarify so that we know we’ll be on the right side of the law. (Anonymous)

Answer: Some electronic waterfowl decoys are legal to use throughout the season and some may not be used between the start of the waterfowl season and November 30. Here are the differences:

Electronic decoys NOT legal to use between the start of the waterfowl season and Nov. 30: Electronically powered rotating or spinning wing decoys are prohibited during this period. Instead, all rotating or spinning wing decoys must be powered exclusively by the wind. Regulations (California Code of Regulations Title 14, section 507) only prohibit wings and wing-simulated devices that spin or rotate on an axis, if the movement is caused by anything other than natural wind (e.g. decoys with wings that spin by mechanical device and wings that flap and “rotate on a bi-lateral axis”) and they are used before Dec. 1.

Electronic decoys legal to use throughout the season: Decoys that simulate flapping, swimming, quivering, moving or squirting, but do not have rotating or spinning wings, are legal all season long. Examples include: decoys with mechanical feet or heads, wings that ONLY flap, wings that spin only by wind, etc..

The exact language of CCR Title 14, section 507 reads as follows:
Provisions Related to the Taking of Migratory Game Birds.
(c) Prohibition on Electronically or Mechanically-operated Devices.
Electronic or mechanically-operated calling or sound-reproducing devices are prohibited when attempting to take migratory game birds. It is unlawful to use devices that are either electronically-powered, or activated by anything other than natural wind, to directly or indirectly cause rotation of decoy wings or blades that simulate wings, when attempting to take waterfowl between the start of the season and Nov. 30.

In addition, decoys that use flashing lights on the wing are also illegal as lights are illegal to use to assist in taking any game (Fish and Game Code, section 2005).


Sunrise and sunset times
Question: Can you clarify how to determine the correct shooting hours for big game? The California Mammal Hunting Regulations booklet reads, “Hunting and shooting hours for big game, including but not limited to deer, antelope, elk, bear, and wild pig shall be from one-half hour before sunrise to one-half hour after sunset.” Are sunrise and sunset published times for a specific location, or are they when the sun actually rises above the horizon or sinks below the horizon for the exact position where the hunter is standing? I ask because I’ve noticed published times can be quite different from what I am seeing in the sky when I am standing in a mountainous area. If the times are published, where may I find the correct sunrise/sunset tables for a specific location? (Al B.)

Answer: The sunrise and sunset times you should use are either those times printed in the local newspaper for the area where you are hunting, or if you look in the 2014-2015 hunting regulations booklet for waterfowl and upland game, go by the shooting hours times listed on pages 8-9 for the location closest to where you are. Although times will vary slightly, there are many other sources including a GPS which will give the time for your exact location, and many cellular telephones have information available for the closest town or your exact location.

Safety should always be your first priority though. For example, if you’re hunting in a deep canyon with high walls that partially block out the sunlight normally visible at sunrise or sunset, you should adjust your shoot times accordingly to be sure you are not shooting in the darkness.


Bowfishing for tuna?
Question: With all of the tuna hanging around outside Dana Harbor right now, would it be legal to fish for them using bow and arrow fishing gear? (Ryan T.)

Answer: Bow and arrow fishing tackle may be used to take fin fish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, broadbill and white shark. Yes, tuna would be an “other finfish,” but to be legal, the gear must meet the definition of bow and arrow fishing tackle in CCR, Title 14 section 1.23.

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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.