Category Archives: Religious/Cultural Use

Why Don’t Wardens Release All Poached Animals?

Posted on March 21, 2013 | Leave a comment
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.

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Posted in Abalone, crabs, Fish and Game Code, Import/Export, Invertebrates, Religious/Cultural Use, Selling animal parts, Title 14, Transporting Taken Animals, Uncategorized

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Are Broken Antlers a Sign of Nutrient Deficiencies?

Posted on February 3, 2011 | 1 Comment

California mule deer (DFG file photo)

Question: I recently had a wonderful opportunity to accompany a friend to the 2010 Goodale Buck Hunt (G3) in the Owens Valley. It was great to see so many mature bucks in California! However, we noticed many large four-point bucks had broken antlers. Some actually had one complete side broken or partially broken. It appeared that the small tines on the four-point bucks had the most damage. I have never seen this many damaged horns in any other zone or any other state. Is this caused by a deficiency in nutrients? (Bob Pihera)

Answer: It may be that a mineral deficiency is playing a role, but we can’t say for sure. According to Department of Fish and Game (DFG) deer program manager Craig Stowers, we have documented this deficiency regarding Tule elk in the area but don’t have any data specifically related to deer. Additionally, that particular hunt is held late (in December), pretty much in the middle of the rut. By that time those antlers have endured a lot of stress from animals fighting with each other for dominance. Given this, it wouldn’t be too unusual for these animals’ antlers to reflect a lot of wear and damage from the rutting season.

Buddhists expressing mercy by freeing fish
Question: We are Buddhists. For expressing mercy we used to buy captive fishes and set them free in rivers. However, we could not buy live bred fishes and free them here because the salesperson in the supermarket said it violates California laws. I could not find any information in the regulations you issued. Please tell us which codes apply. (James W.)

Answer: Many California fish and game laws state that it is illegal for anyone without official stocking permits to release any fish into any waters of the state. This includes both freshwater and saltwater. The code sections that apply are: Fish and Game Code, sections 2116-2302, 6300-6403 (especially 6400) and 15200-15202, and the California Code of Regulations Title 14, sections 1.63, 238-238.5 and 671-671.6.

Why are more male crabs caught in traps?
Question: My son and husband have been sport crab fishing for years. They always release the females but have noticed that the male-to-female ratio in their pots is much higher for males compared to females. I tell them that the females are smarter and stay out of the traps, but I’m sure there is a scientific reason for the difference. They rarely find a female in their pots, and when they do it is late in the season. Any idea why? (Cathi D.)

Answer: While I’m sure your theory of the females just being smarter is probably true (wink), the real reason is more likely because the females are much smaller and the escape ports allow the smaller females to escape more readily from the traps before they are pulled to the surface.

Selling vintage family jewelry containing wildlife parts?
Question: While cleaning out a relative’s attic recently, I came across some Native American jewelry. I showed it to a few people and they said that some of the pieces have bear claws and even lion claws on them. They also have some bird feathers. I have no need for the jewelry and was thinking of selling them, but someone told me that bear parts are illegal to sell in California. Is this true? What about the other things? Where can I find a list of what can and cannot be sold? (Melanie)

Answer: The basic law prohibiting the sale of any bird or mammal found in the wild in California is Fish and Game Code section 3039. But, there are numerous exceptions scattered throughout the code and Commission regulations and there is no one document that clearly explains what is legal to sell. Here are some helpful tips from DFG retired Captain Phil Nelms:

1) Selling bear parts in California, even as part of jewelry or art, is illegal.

2) If by “lion” you mean mountain lion, then that is illegal. The sale of African lion parts is also illegal under the California Penal Code, section 653(o).

3) To provide a useful answer regarding the feathers, we will need to know what bird species the feathers were from and how they were originally acquired. If they are species found in the wild in California and/or were taken by sport hunting, there is little chance you could legally sell them in California.

4) For more information, both the Fish and Game Code and the California Code of Regulations are available online at http://www.dfg.ca.gov/enforcement/.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

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Posted in Buy/Trade/Sell/Gift, Deer Hunting, Fishing, Food/Health, Info, Religious/Cultural Use

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Taking extra game to give away?

Posted on August 12, 2010 | Leave a comment

DFG photo by Derek Stein

 

Question: If I go diving with a friend in Sea Ranch (Sonoma County) and my wife stays home in San Francisco, can I dive one day and gift those abalone to my wife even though she is not with me at the moment? Then the following day, can I dive again, take an additional limit for myself, and then drive home alone with six abalone in my car? I would make sure the abalone remained in their shells and I would carry a letter stating three of the abalone are gifts for my wife. Does she have to be with me in order for me to gift the abalone to her? (Chuck V.)

Answer: This scenario would not be legal. Regardless of your intent, if you have six abalone in your possession, you will be in violation of an overlimit and could be cited and have all of your abalone confiscated. Only three abalone may be possessed at any time by an individual, period (California Code of Regulations, section 29.15[c]).

In order for you to legally gift abalone to someone else, that person must be with you to receive and personally take possession of the abalone. Just carrying a note stating that you intend to gift three of the six abalone in your possession to your wife will not suffice because you are still in possession of an overlimit, and are thus in violation of the law.

Even though regulations allow for gifting abalone to other people, remember that bag and possession limits are set up as fishery management tools to help control excessive take of abalone. Even with the current limits and regulations, there is concern that some heavily used fishing sites are showing signs of reduced abalone populations. Careful management of this fishery is required to help assure California’s abalone stocks remain healthy and sustainable for continued future harvest through the coming years. Each diver and shore picker should be aware and mindful of this and help whenever they can.

Are Native Americans exempt from California fishing laws?
Question: On the Klamath River, is it legal for an Indian guide with paying clients on his boat to use more than one rod per passenger and barbed hooks when this is illegal on this river? (Kathleen C.)

Answer: Generally, there are no exceptions for Native Americans in the fishing regulations; however, on some rivers where Tribal Rights have been granted to the native people while on the tribal lands, they may be exempt from California fishing laws. When such exemptions are in place it only applies to Native Americans on the Tribal Roll of the Tribe with the rights. In your example, the paying clients are not exempt unless they are Native Americans on the Tribal Roll of the Tribe with the exemption.

Wild bird feeding
Question: We feed birds in our yard year round, but this year we are delighted to have a family of wild quail who have taken up residence in our yard in San Ramon. Our problem is there are also two pairs of raucous big birds that look like and act like blue jays, and they have taken over our yard.

Their call is so unpleasant and they are aggressive and chase away other smaller birds. They are eating the food we’re trying to preserve for the quail and other smaller birds, such as finches. Can those large blue-jay-like birds be trapped or contained some how? They are so bold they attack neighborhood dogs and cats by pecking at their heads. Help, please! (Dione Z.)

Answer: Sorry to hear about the problem you’re having. Unfortunately, the jays are protected under the Migratory Bird Act and so cannot be trapped, contained or hurt. Your best bet is to try to change your feeding methods somehow to exclude the Jays. This may be difficult but it’s really your only alternative.

Deer hunting from my porch?
Question: I have a house on five acres near Winters in northern California and have some really nice bucks on my land. Everyday they come within a few feet of my house and graze on my garden and plants. If I purchase an A Zone tag this year, can I legally shoot a deer on my land from my house or porch? My house is situated more than 200 yards from any other property or house and it is outside of the city limits. Thanks. (Brian T.)

Answer: Yes. The safety zone law prohibits shooting within 150 yards of any occupied dwelling without the permission of the occupant. As long as it is otherwise legal to discharge a firearm in this area (e.g. not in the city limits), then go for it!

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

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Posted in Abalone, Bag Limits/ Possession, Deer Hunting, Depredation, Fishing, Nuisance Animals & Pests, Private Land, Religious/Cultural Use, Wildlife Management

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