Category Archives: Religious/Cultural Use

Learning to Hunt at any Age

Used by permission of Kalkomey Enterprises

You can learn to hunt at any age and the best place to start is with a hunter education course through CDFW (Photo courtesy of Kalkomey Enterprises)

Question: Most hunters that I know learned in their youth. I am an adult male who has never hunted but would like to learn. Are there classes or programs for adult males to learn? If so, can you please give me some information as to how an old guy like me can get started hunting? (Edward H.)

Answer: Yes, and an excellent first step is to take a hunter education course. This course is required to get a hunting license in California and provides good entry level instruction about firearms safety, first aid, wildlife management, etc. For more information and to find an upcoming class in your area, please go to: http://www.wildlife.ca.gov/Hunter-Education.

After you’ve taken the entry level hunter education class, you might consider taking some of the Advanced Hunter Education classes offered by the California Department of Fish and Wildlife (CDFW) throughout the state. These include wild pig seminars, waterfowl seminars, wild turkey seminars, etc. and can be found on the CDFW website at http://www.wildlife.ca.gov/Hunter-Education/Advanced.

I also encourage you to check around for local sportsmen’s clubs in your area. Most communities have them and many are associated with a gun range. This would be another location to learn a great deal about firearms and to discuss hunting with experienced people.

And finally, there are lots of books and magazines available that provide many resources about hunting, and the Internet is also full of information that may help (e.g. http://www.nssf.com/hunting/getstarted/). Just remember, you’re never too old to learn how to hunt and there are lots of resources available to help you. Good luck!


When is the best time to go clamming?
Question: When is the best season to enjoy clamming? (Julie S.)

Answer: There really is no best season for clamming. Generally, any really low tide during daytime hours with minimal surf and decent weather is a good time. There are specific seasons for taking of Pismo clams and razor clams in specific areas, so please check the regulations before venturing out for these clams.

The hours of take for clams are one-half hour before sunrise to one-half hour after sunset. No instruments capable of taking clams (shovels, hoes, rakes, etc.) may be possessed on the beach during closed hours. It may be safer to go clamming from November through April, as biotoxins may be concentrated in filter-feeding bivalves (such as mussels and clams) from May through October especially. For more information about biotoxins, please visit the California Department of Public Health website at http://www.cdph.ca.gov/healthinfo/environhealth/water/pages/shellfish.aspx.


Collection of antler sheds and winter kill skulls?
Question: Is it legal to keep deer and elk antler sheds? How about deer, elk and big horn sheep skulls from winter kills? I have seen people collecting them but I wasn’t sure if it was ok to do. (Pamela Sue)

Answer: You cannot collect big horn sheep skulls or horns at any time. The other antler sheds may not be removed from wildlife refuges or from public parks and forests. You can pick up deer and elk sheds from public lands and private property you have permission to be on and deer and elk antlers may be legally collected and sold (Fish and Game Code, section 3039). 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 cannot sell whole antlers or antlers with heads attached (FGC, section 3039(c)).


How can a mobility impaired angler obtain a fishing license?
Question: I am disabled and confined to a wheelchair and am trying to obtain a general sport fishing license. The rules seem to require someone in my position to go to a license sales office, which would be difficult as I live in San Francisco. (Blaine J.)

Answer: You can complete the Free Sport Fishing License Application (which requires a physician’s signature) found online at http://www.wildlife.ca.gov/licensing/fishing and return the form with a copy of your identification (DMV ID, passport or birth certificate) to any CDFW license sales office listed on the back of the form. The office will then enter your information into the system and mail you back a license. You also may renew your license at any CDFW license agent, CDFW license sales office or online.

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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 from a Moving Vehicle?

Bowfishing for carp in Big Bear Lake (Photo courtesy of John Poimiroo)

Bowfishing for carp in Big Bear Lake is one of the methods used by water managers to help control the growing invasive carp population. Big Bear is also a popular lake for bowfishing anglers and carp fishing derbies. (Photo courtesy of John Poimiroo)

Question: I get stopped and questioned by officers fairly often while bowfishing. I have been trying to find out more information about the bowfishing regulations but the freshwater sport fishing guide is unclear to me. Is it legal to bowfish from a moving vehicle, like from the bed of a pickup? Is it legal to bowfish in the California Aqueduct or State Water Project? I was told by an officer that it was not. (Justin F.)

Answer: No arrow or crossbow bolt may be released from a bow or crossbow upon or across any highway, road or other way open to vehicular traffic (California Code of Regulations Title 14, section 354(e)). In addition, no person may nock or fit the notch in the end of an arrow to a bowstring or crossbow string in a ready-to-fire position while in or on any vehicle (CCR Title 14, section 354(i)).

Regarding where and what you may take while bowfishing, “bow and arrow fishing is permitted only for the taking of carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey, all year, except in:

• Designated salmon spawning areas (Fish and Game Code, section 1505).

• The Colorado River District where only carp, tilapia, goldfish and mullet may be taken.

• The east fork of the Walker River between Bridgeport Dam and the Nevada state line where only carp may be taken” (CCR Title 14, section 2.25).

Bullfrogs may also be taken by bowfishing under some conditions (CCR Title 14, section 5.05).


Hunting on an Indian reservation?
Question: The Colorado River Indian Tribes (CRIT) Reservation is in deer zone D12 along the Colorado River. D12 maps show that all of this land is legal to hunt with a California hunting license and deer tags right up to the Colorado River. Can I legally hunt on CRIT Reservation land because it is within California D12, or should I stay away from reservation land? (Anonymous)

Answer: A person who is not a tribal member and wishes to hunt on the CRIT Reservation would have to comply with both California and tribal law, which requires a hunting license issued by the CRIT in addition to a California hunting license and deer tag. You should contact the CRIT’s Fish and Game Department and consult the CRIT Natural Resources Code for further information about hunting on this Reservation. CRIT contact information and the CRIT Natural Resources Code is available at http://www.crit-nsn.gov/.


Rules on drones in Marine Protected Areas?
Question: What are the rules regarding drones? Specifically, are there any regulations regarding flying drones in Marine Protected Areas (MPAs)? (Jeanée Natov)

Answer: It is a violation to fly any aircraft, including any airplane or helicopter, less than 1,000 feet above water or land over the Año Nuevo State Reserve, the Farallon Islands Game Refuge, the Point Lobos State Reserve, the California Sea Otter Game Refuge, and Anacapa, San Miguel, Santa Barbara and San Nicolas Islands, except for rescue operations, in case of any emergency, or for scientific or filmmaking purposes under a permit issued by the department after a review of potential biological impacts (Fish and Game Code, section 10501.5).

Federal regulators of the FAA and NOAA also restrict the use of drones. Flying motorized aircraft (except valid law enforcement) is prohibited less than 1000 ft. above any of the four zones of the Monterey Bay National Marine Sanctuary which are listed in Appendix B (Code of Federal Regulations Title 15, section 922.132(a)(6)). Individuals should consult the MPA- specific regulations in section 632 of Title 14 for special restrictions for individual MPAs. There may be additional regulations prohibiting disturbance of nesting and rafting birds offshore that are covered under federal law.


Firearm for self defense during archery season?
Question: During an archery hunt, can a member of your group who is a licensed hunter, but does not have a deer tag, be in possession of a firearm strictly for self-defense? I will be archery hunting for the first time this year and I plan to travel into the backcountry on foot. A friend who will be coming with me has always had reservations about traveling in bear/mountain lion habitat unarmed due to some unfortunate run-ins in his past. (Kevin K.)

Answer: If it helps put you at greater ease, dangerous encounters by hunters with bears and lions are extraordinarily rare. As long as the person is not hunting with archery equipment, does not have a tag, and is simply accompanying you, then he may carry a firearm. You must be in a location where it is legal to carry a firearm, and your friend cannot assist in the take in any way.

With limited exceptions for active or retired peace officers, archery hunters may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery-only tag (CCR Title 14, section 354(h)).

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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.

Returning Fish and Wildlife Back to the Wild

CDFW staff releasing waterfowl after health inspection (CDFW photo)

CDFW Waterfowl Biologist Melanie Weaver releasing a male pintail following a routine health examination (CDFW photo)

Question: If I want to release fish and other shellfishes that I got from the local market into California waters, how do I get permission or a permit? Also, what about birds? Do I need a permit? (Stella T.)

Answer: It is not legal to move and plant live finfish in any waters of California. Same goes for birds or mammals, regardless of where they came from. In addition to the fact that to do so is illegal, it is also not a compassionate gesture to relocate fish and wildlife to new waters or habitats where they are not accustomed or to environments they are not familiar with or already adapted to. Most fish and wildlife will probably not survive under these conditions, and you run the risk of spreading parasites and diseases to healthy ecosystems that may then endanger the health and well-being of native fish and wildlife living in their natural environments.

“It is unlawful to place, or cause to be placed or planted, in any of the waters of this State, any live fish, any fresh or salt water animal, or any aquatic plant, whether taken without or within the State without first submitting it for inspection to, and securing the written permission of, the department” (Fish and Game Code, section 6400). The law also states that no person having possession or control over any wild animal under this chapter shall intentionally free, or knowingly permit the escape, or release of such an animal, except in accordance with the regulations of the Fish and Game Commission (FGC, section 2121).

Many of the live fish and shellfish found in the local markets are imported into California from other states or countries under an importer’s permit. Besides being illegal, the release of these exotic species into our state waters could devastate the native species with disease or unnatural competition for food or predation. The same would apply to birds and other wildlife.


Turning deceased animals into taxidermy art?
Question: I have a question in regards to acquiring animal remains. If an animal is a legal species to possess and is found as road kill, or is decomposed to bone by nature, how can one go about obtaining the remains legally to use for taxidermy and art? I know this is a sensitive subject since there is no way to prove one “found” an animal, and ethics come into play. But I’m connected to a lot of groups on Facebook from outside of California that have laws allowing people to obtain animal remains that are not from protected species. These pieces are then used and sold as art.

Before continuing with my endeavors though, I want to make sure I can ethically source remains and legal specimens. Or if I can’t just as a citizen, what permits would I need in order to do so? I find it really hard to believe that state laws in Florida vs. California can differ so vastly. And it’s almost impossible to find reliable information on the Internet, so I figured I’d go straight to the source. (Christina G.)

Answer: First of all, any wild bird or mammal (or part thereof) found in California may not be sold (FGC, section 3039). Animals that have been legally taken under the authority of a hunting or fishing license in this state may be preserved through taxidermy consistent with California Department of Fish and Wildlife (CDFW) recordkeeping requirements, but they may not be sold or purchased (California Code of Regulations Title 14, section 695). Road-killed animals generally may not be possessed, with some exceptions for scientific and educational purposes.


Harvesting sea anemone for food?
Question: While eating sea anemone probably seems strange to most Americans they are eaten throughout the world, most notably in Asian countries. When chopped, tossed with flour and fried (think clam strip), it tastes like a cross between crab and clams. Is it legal to harvest sea anemone for food in California? (Brent A., Fort Bragg)

Answer: Sea anemone may not be harvested in the area between the high tide mark and 1,000 feet seaward and lateral to the low tide mark (California Code of Regulations Title 14, section 29.05). In fact, only the following marine invertebrates may be taken in this area:

“Except where prohibited within state marine reserves, state marine parks, state marine conservation areas, or other special closures only the following may be taken: red abalone, limpets, moon snails, turban snails, chiones, clams, cockles, mussels, rock scallops, native oysters, octopuses, squid, crabs, lobsters, shrimp, sand dollars, sea urchins and worms except that no worms may be taken in any mussel bed, unless taken incidental to the harvesting of mussels” (CCR Title 14, section 29.05(b)(1)).

It would be perfectly legal, however, to take 35 sea anemone outside the 1,000 foot intertidal zone, and sea anemone do live outside that zone. A shore picker would have difficulty doing this though unless it was a zone where the intertidal area is very flat.


Any restrictions on crab bait components?
Question: Are there any restrictions on what you can use for crab bait in non-commercial crab traps? (Al and Karen B.)

Answer: No. As long as the bait sources are legal for you to possess, there are no restrictions on what you may use.

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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.

Releasing Pet Ducks to the Wild?

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

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

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

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

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

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

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


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

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

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


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

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


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

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

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at Cal.Outdoors@wildlife.ca.gov.

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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.

Are Broken Antlers a Sign of Nutrient Deficiencies?

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.

Taking extra game to give away?

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.