Category Archives: Transporting Taken Animals

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.

Shipping Venison to the Troops Overseas?

Mule deer (by David Hannigan, CNDR)

Mule deer (by David Hannigan, CNDR)

Question: We are interested in shipping sealed venison packages to the troops overseas. Are there any California laws that prohibit this? The sealed venison will consist of packages of 50 to 100 pounds. If you could please advise us of any regulations or guidelines related to the shipping of sealed game to troops overseas, it would be greatly appreciated. (Anonymous)

Answer: There are no laws that prohibit the shipping of venison from California as long as the animals were lawfully taken in accordance with California Fish and Game laws, including seasons, limits, and gender restrictions. In addition, any  package being shipped by common carrier must bear the name and address of the shipper and/or the consignee, and an accurate description of the numbers and kinds of birds, mammals, fish, reptiles or amphibians contained in the package clearly and conspicuously marked on the outside (Fish and Game Code, section 2348.) Federal laws have similar marking requirements. For details, go to www.fws.gov.

However, whether or not the military will accept sealed venison from a private citizen is another issue. Contact them directly for details.


Feeding park squirrels?
Question: I have been warned three times this year by a Los Angeles County Sheriff’s deputy that the next time I am caught feeding squirrels at the local park, I will get a ticket. The deputy stated they enforce state regulations. However, I fed them foods that are safe; food from pet stores such as pigeon feed and raw unshelled peanuts.  There are no signs posted in the park where I visit but I was told it’s still a violation.

There are really no food sources for these animals at the park and I don’t want to see malnourished animals. Please let me know the specific law covering this subject since I have not been able to find it online. I will abide by whatever the law says. This may seem to be an unimportant matter, but to me as a senior, it becomes a quality of life issue. Thank you. (Tamara M.)

Answer: The deputy is correct. By feeding wildlife, you are likely disrupting the animals’ normal behavior patterns in violation of California Code of Regulations Title 14, section 251.1. Some local ordinances also prohibit feeding wildlife.

It’s important not to feed wildlife because feeding brings animals into close proximity with each other, which puts them at greater risk of exposure to diseases and the droppings of the other animals, especially from large populations of birds in a relatively small area. If the animals expect the food, they will stay in the area and may create a public health and water quality issue. Also, even the healthiest pet food and seeds they get from people could never duplicate the diet they would get eating the food found in their natural environment. If the natural food supply in an area decreases, that is a signal to the animals to move to a different area.

See additional information regarding feeding wildlife online at http://www.dfg.ca.gov/LivingWithWildlife/.


What’s legal as live bait?
Question: I fish the ocean waters off Mendocino and Humboldt counties from a sport boat and target lingcod and other groundfish. My question is can I use live sanddabs and small black and blue rockfish to catch lingcod? (Jason S.)

Answer: Yes, you can catch these species to then use for bait in ocean waters as long as they are all taken and possessed legally. All seasons, bag and size limits apply, even if rendered to be bait to use for lingcod and other large fish species. They also must be counted toward your bag limit.


Why the new sturgeon regulations?
Question: What’s so special about sturgeon that the new regulations and measures are required? (Jeff D., Modesto)

Answer: Green sturgeon is a threatened species and white sturgeon has long been a substantial management concern. To protect sturgeon populations and the vibrant white sturgeon fishery, the Department and Commission have emphasized sturgeon enforcement, research, fishing regulations, passage improvements (e.g. at bypass weirs on the Sacramento River) and outreach.  The State legislature is also aware of the sturgeon issue, and in 2007 implemented a law (AB 1187; DeSaulnier). This law made it easier for CDFW wildlife officers to charge poachers with illegal commercialization of sturgeon and the law drastically increased the fines for illegal commercialization of sturgeon.

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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.

Catching Lobsters with a Noose

California Spiny Lobster (DFG photo by Derek Stein)

California Spiny Lobster (DFG photo by Derek Stein)

Question: Is it legal to catch lobster with a noose? I want to make a sort of noose of PVC pipe and an elastic band (from the sling of a sling spear). This would not at all harm the lobster if caught in the noose. (Anonymous)

Answer: No, this is not legal. The only approved methods for sport take of lobster are by hand or with hoop nets (California Code Regulations Title 14, section 29.80).


Capturing largemouth bass for aquarium
Question: One of my friends has a large aquarium and is interested in putting some largemouth bass in it. I would like to know what the regulations are for catching a largemouth bass in a local lake and then transporting it live to his tank. It would never be released into a different body of water, and it would be taken legally. (Azure C.)

Answer: Transporting fish alive from the water where they are taken is prohibited (California Code of Regulations, section 1.63). Laws allowing certain species of live fish to be maintained alive in closed-systems do not authorize possession in home aquariums. Your friend can legally buy bass for his or her aquarium from a licensed aquaculturalist, as long as he or she does not release it into the wild.


Selling an old mounted bear head
Question: I live in Washington State and need some help with a question that
pertains to California rules. I have a friend who lives in California that wants my old mounted bear head for his cabin. It is about 60 years old, been in the family for years and passed around from one member to the other.
I tried reading the rules on the Internet about taxidermy things and got confused.
I don’t want to get in trouble if I send it to him, and I don’t want him to get in trouble for having it. It’s not for resell, just for his personal use. Would we be breaking any laws if I send it to him? (Sue N.)

Answer: It is legal under California law for you to give the bear mount to your friend, and for your friend to possess it for personal use. However, sale within California is prohibited.

According to retired California Dept. of Fish and Wildlife (CDFW) Capt. Phil Nelms, you will need to check with the Washington Department of Fish and Wildlife to make sure it is legal under their laws. Please provide your friend with as many details as possible regarding the description of the mount, your name and contact information, your friend’s name/contact info, etc.

A declaration of entry form for any wildlife entering the state is required (Fish and Game Code, section 2353). This form is available online at http://www.dfg.ca.gov/enforcement/docs/declaration_form.pdf. It would be best for your friend to come pick it up or for you to take it to him. If you ship the item from Washington to California, the packaging must contain the following information as required by federal laws pertaining to wildlife movement from state to state.

Title 50 Code of Federal Regulations, § 14.82 Alternatives and exceptions to the marking requirement.

(a) The requirements of §14.81 (requires all the information on the outside of the shipping container) may be met by complying with one of the following alternatives to the marking requirement:

(1)(i) Conspicuously marking the outside of each container or package containing fish or wildlife with the word “fish” or “wildlife” as appropriate for its contents, or with the common name of its contents by species, and

(ii) Including an invoice, packing list, bill of lading, or similar document to accompany the shipment which accurately states the name and address of the shipper and consignee, states the total number of packages or containers in the shipment, and for each species in the shipment specifies:

(A) The common name that identifies the species (examples include: Chinook (or king) salmon; bluefin tuna; and whitetail deer) and whether or not the listed species is venomous; and

(B) The number of that species (or other appropriate measure of quantity such as gross or net weight).

The invoice, packing list, bill of lading, or equivalent document must be securely attached to the outside of one container or package in the shipment or otherwise physically accompany the shipment in a manner which makes it readily accessible for inspection.

The complete Code of Federal Regulations Title 50 is available online at: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=10ed494084e6fbf0ba6250afef970297&c=ecfr&tpl=/ecfrbrowse/Title50/50cfrv1_02.tpl

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Carrie Wilson is a marine biologist 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. Please contact her at Cal.Outdoors@wildlife.ca.gov.