Tag Archives: big game hunting

Catching Limits from Different Waters on the Same Day

When fishing at night, make sure you can still identify your catch. (USFWS photo by Steve Hillebrand)

(USFWS photo by Steve Hillebrand)

Question: I enjoy your weekly newspaper columns and now I have a question that I hope you can answer. When fishing for striped bass at a local lake where there is a 10 fish limit with no size restriction, what happens if on the way home I stop at the Delta to fish for catfish and a wildlife officer checks me out and I have 10 striped bass already? How do I prove I caught them at say New Hogan Lake several miles away and not the Delta? Another thing, if I catch eight striped bass at the lake, can I still catch two more out of the Delta? Thanks for your consideration. You keep writing them and I’ll keep reading them!! (Mark S., Tracy)

Answer: A fisherman could lawfully catch eight striped bass at a lake and then catch two more in Delta waters during the same day for an overall possession of 10 fish. There is nothing in the Fish and Code or regulations to prohibit a person with 10 striped bass from stopping to fish for catfish in the Delta. However, you should expect any wildlife officer who contacts you will conduct a thorough investigation of the source of your fish. I can only suggest you try to keep those fish caught at the lake clearly separate and even stow them away in your car in a separate cooler. Also, if the lake is one where you can get a receipt showing you fished there first, then it helps give you a little more evidence. Because this can be difficult for you to prove, and unless you want to take those fish home before heading out again to the Delta, I suggest you do whatever you can (e.g. pictures or video on your phone) to prove the fish were caught in different waters. Then if a wildlife officer questions you, the situation will be more clear.


Shotgun magazine capacity
Question: I know when bird hunting, you are allowed two shells in the magazine and one in the chamber. Are the rules any different when hunting big game with a shotgun? (Brian H.)

Answer: No, the rules are the same. The law says shotguns capable of holding not more than three shells firing single slugs may be used for the taking of deer, bear and wild pigs. In areas where the discharge of rifles or shotguns with slugs is prohibited by county ordinance, shotguns capable of holding not more than three shells firing size 0 or 00 buckshot may be used for the taking of deer only (California Code of Regulations Title 14, section 353(b)).


Spearfishing for white seabass
Question: As a spear fisherman, could I complete a two fish limit for a boat with two divers? For example, let’s say the other guy gets sick, can I go shoot a second fish for his limit of one? (Alex V.)

Answer: No. Boat limits only apply to anglers (hook and line fishermen). If you speared more than one daily bag limit you could be cited for taking an “overlimit” of fish.


Free fishing group permits
Question: I have some sponsors interested in helping host some fishing events to benefit military men and women who have returned from duty overseas and now have combat-related injuries or disabilities. Can any special provisions be made to waive license fees for the troops during these hosted fishing trips? What about for these veteran individuals who just want to go fishing on their own? Would you be so kind to explain what opportunities there may be and who I would contact? (Randy H., La Granada)

Answer: Yes, there are “Free Group Fishing Permits” available allowing for free fishing under certain conditions and the requirements for these permits are very clear and specific (Fish and Game Code, section 7151 [d-e]). With this approved form, the following persons may fish under this authority:

* Mentally or physically disabled persons
* Active duty military personnel receiving inpatient care in a military or Veteran’s Administration hospital
* Veterans with service connected disabilities

Fish and Game Code, section 7151(d) allows for these special sport fishing permits to be issued to groups of mentally or physically handicapped persons under the care of:

1. A certified federal, state, county, city, or private licensed care center, or
2. Organizations exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code, or
3. Schools or school districts.

Employees of private licensed care centers, tax-exempt organizations, schools or school districts are also exempt from Section 7145 only while assisting physically or mentally disabled persons fishing under the authority of a valid license issued pursuant to this section.

For more on free and reduced-fee fishing licenses, please go to www.dfg.ca.gov/licensing/fishing/sportfishingfreereduced.html. The Free Group Fishing Permit application forms can be obtained through our License and Revenue Branch office in Sacramento.

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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.

Elk Range in California

Rocky Mt Elk_Yellowstone_USFWS_Bauer_11440_102.3.18

Rocky Mt. elk from Yellowstone National Park were imported into California in 1966 and released in Kern County (U.S.F.W.S. photo)

Question: Why are there no elk in the central or southern Sierra Nevadas? It seems like ideal habitat comparable to that found in Colorado, but the Rocky Mountain Elk Foundation doesn’t even show it as a historic range for elk. Is there some reason they could not and do not thrive in the high Sierras, or at least the foothills? (Nick C.)

Answer: It’s true that the historic range of elk in California did not include the Sierra Nevada range. According to California Department of Fish and Wildlife (CDFW) Statewide Elk and Antelope Coordinator Joe Hobbs, historically tule elk were found in the Central Valley, coast range and the Sierra foothills, but did not occupy the higher elevation regions of the Sierra Nevada.

Previous studies suggest that the Great Basin, combined with the Sierra Nevada and Cascade ranges, served as a western barrier to the natural movement of Rocky Mountain elk (typically found in Colorado, Idaho, Utah, Wyoming and Montana).

Hobbs also says elk are slowly expanding in California and we have received reports of elk in various parts of the Sierra (Plumas, Sierra and even Tuolumne counties). Currently, California has three subspecies of elk. In addition to the tule elk of the Central Valley and foothills, Roosevelt elk are found in the north coast area and the coastal interior regions, and Rocky Mountain elk reside in northeastern California.

Although the Sierra does seem to be composed of habitat capable of supporting elk, historically this was not the case due to the topography of California. Tule elk were found in the Central Valley and coast range and evolved for utilization of these habitat types and not those found in the higher elevations of the Sierra Nevada. The Great Basin and various mountain ranges prevented the Rocky Mountain elk from dispersing into the western portion of the Sierra Nevada range.


Can female Dungeness crabs be harvested?
Question: May I keep female Dungeness crabs if they are of minimum size? (Larry A.)

Answer: Yes. Recreational crabbers may actually take either male or female Dungeness crab. Males reach a larger size, and thus often contain more meat. Many recreational crabbers let females go as a matter of conservation etiquette to help the population replenish itself. During the first half of the season, the females are often carrying eggs and are often under the size limit as well; they simply don’t reach the larger sizes males do. Only commercial crabbers are restricted from taking female crab.


Can non-hunters carry extra shells for waterfowl hunters?
Question: I have a question about the number of shells a waterfowl hunter may possess while hunting. Is it clarified in the regulations that only hunters are limited to no more than 25 shells in the field during the waterfowl season? If not, a non-hunter could then carry another 25 shells into the field for the hunter to use. (Rick S., Pleasanton)

Answer: Current Fish and Game Commission regulations restrict the number of shot shells that are permitted in the field on some refuges or wildlife areas. The ammunition restriction does not apply to all areas, but in the areas/refuges listed in California Code of Regulations Title 14, Section 551(a), the restrictions are twofold:

1) Hunters may not possess more than 25 shot shells while in the field (CCR Title 14, Section 551[q]); and,

2) Only persons with a valid hunting permit for that day are permitted to possess ammunition in the field (CCR Title14, Section 551[b][4]).

Therefore, a non-hunter cannot pack in extra shells for the hunter.


Hunting and fishing at the same time?
Question: Is it legal for me to hunt and fish at the same time? I would like to be on the boat or shore fishing with a shotgun beside me in case a duck or goose comes into range, and vice versa. If I am more serious about hunting that day, can I have a line in the water? Is this legal as long as I follow all the associated rules/laws? (Mike K.)

Answer: Yes

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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 Keep Hunters from Hunting on Our Property?

Mule deer_Clear Lake_USFWS

Mule deer around Clear Lake (Photo courtesy of USFWS)

Question: Our church owns about 700 acres in the foothills of Northern California. We recently had someone shoot at a 6-point buck, wound it, and screech away off the property. We called the California Department of Fish and Wildlife (CDFW), who sent out a tracker. They followed the trail of blood but never found the wounded animal.

Meanwhile, we have many deer that reside on our property and we are vegetarians. We do not shoot the deer and they wander freely on the property. You can walk within maybe 20 feet of even these majestic big bucks and they won’t flee. We do not want people shooting the animals on our property.

The Fish and Wildlife person who came out told us it was legal for people to shoot the deer on our property unless we fenced it or posted signs (such as “POSTED NO HUNTING”) all over the property. Is this really true? For one thing, it isn’t even hunting season (with a firearm, which this was), and second, it’s private property and we’ve not given written permission to anyone to hunt on our property.

We also don’t want to post “NO TRESPASSING” signs because we welcome the public to visit our beautiful community with 85 homes and a number of businesses, including a school.

Can you help me understand what the law states, and what we must do to allow the public on our land but disallow hunting (and fishing) on our land? (Church Administrator)

Answer: Hunters do not need permission to hunt on private property unless the land is under cultivation, enclosed by a fence, or posted in accordance with Fish and Game Code, section 2016. This section requires that signs “forbidding trespass or hunting, or both are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering those lands,” and “signs may be of any size and wording that will fairly advise persons about to enter…that the use of the land is so restricted.”

If you would like to pursue trespassing charges (under Penal Code 602) against specific people who have entered the property for any reason, including without permission to fish or hunt, you can do so but the prosecutor generally wants the owner to state they will testify and also show that the suspect was already warned at least once.

Another law to be aware of is one that states “It is unlawful … to hunt or to discharge while hunting, any firearm or other deadly weapon within 150 yards of any occupied dwelling house, residence, or other building or any barn or other outbuilding used in conjunction therewith. The 150-yard area is a ‘safety zone’.” (FGC, section 3004).

You may need to take measures to discourage deer from becoming too comfortable on your property around humans because this makes them vulnerable to unscrupulous poachers. To do this, remove as many attractants as possible. If the deer are being fed, this is illegal (California Code of Regulations Title 14, sections 251.3 and 251.1). Also, by encouraging more deer to occupy your property than is normal, this may bring in some additional unwanted side elements (e.g. poachers, Lyme’s disease and mountain lions).


Throw nets to capture live bait
Question: I know round nets can be used to catch live bait like anchovies and smelt from piers, but I am not sure if there is a size restriction for the circumference on the net. I couldn’t find that info in the regs book. (Mike I.)

Answer: There is no size restriction on the circumference of a throw net used in ocean waters at this time. However, throw nets may only be used north of Point Conception (Santa Barbara Co.) and may only be used to take herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp and squid (CCR Title 14, section 28.80.)


Bringing mountain lions into California as “personal property”?
Question: A friend of mine told me that because mountain lions are not endangered or federally protected, that California cannot prevent a person who has taken one legally in another state from bringing it into the state as personal property. Is California blowing smoke? Thanks (Ken)

Answer: No, your friend is mistaken. Fish and Game Code section 4800, which was added to the code as an Initiative Measure (Prop. 117) in 1990, designates mountain lions as “specially protected” in California, and prohibits their possession or importation into the state. However, Fish and Game Code section 4800(b)(2) does allow for mountain lion possession if the owner can demonstrate the mountain lion was possessed prior to June 6, 1990.

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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.