Tag Archives: crustaceans

Collecting Roadkill Raptors

American Kestrel (USFWS photo)

American Kestrel (USFWS photo)

Question: What are the rules concerning the use of birds of prey, such as owls, which have been killed by vehicles? I have found several in the local area which seemed to be dead along the side of the road but without evidence of damage to the body. My guess based on where they fell is they are “indirect roadkills.” If I wanted to save these animals for taxidermy or another use, would I need some kind of documentation? If so, what sort of permit would I need? It would be simple to document the finds I have made photographically at the site, but preserving them for inspection later by California Department of Fish and Wildlife (CDFW) would be harder. Thanks for your help with this. (Ken Z., Visalia)

Answer: Under both state and federal law, it is not legal to collect or possess any species of bird that is protected under the U.S. Migratory Bird Treaty Act. This would include all raptors that have been killed by vehicles. There are permits available, under very specific circumstances that allow scientific or educational facilities to salvage these birds. Organizations that believe they may qualify for these permits would be required to obtain both a federal Salvage Permit and state Scientific Collecting Permit. More information on these permits can be found at www.dfg.ca.gov/wildlife/nongame/research_permit/ and www.fws.gov/forms/3-200-10a.pdf.

Another very valuable thing the average citizen can do when they see a potential road kill is to “document the find” in one of the databases such as www.wildlifecrossing.net/california/. If it is near a State Highway, the Department of Transportation keeps records specifically for planning and coordination purposes.


Fishing license and second rod stamp
Question: I have a California sport fishing license but did not pay for the second rod stamp. When I am out ocean fishing on my boat, am I only allowed one rod? I thought since it was the ocean I can have two rods out, even if I did not pay for a second rod stamp. (Anonymous)

Answer: The second rod stamp is only required when fishing in freshwater with two poles. In the ocean, any number of poles and lines generally can be used, with some exceptions. For example, fishing for lingcod, rockfish, greenlings or cabezon is limited to one line with no more than two hooks. Also, when fishing in San Francisco Bay or when fishing for salmon north of Pt. Conception, only one rod/line may be used per person.

Other exceptions exist, such as when pier fishing – only two methods may be used. There are only a few exceptions like these, but I’d recommend reviewing the Gear Restrictions section of the Ocean Sport Fishing Regulations booklet and any regulations for the species you’re pursuing to ensure you’re following the law.


Legal to collect moon jellyfish for personal use?
Question: I am interested in collecting some moon jellyfish just for my personal use but want to be sure it’s legal. They would not be sold or traded. If legal, can I collect them under a basic fishing license or would I be required to have a marine collector’s permit? (Tucker M.)

Answer: Moon jellyfish occurring outside the tide pool zone (1,000 ft. seaward from mean high tide) may be legally taken with a fishing license and the bag limit is 35 (California Code of Regulations Title 14, section 29.05 & 29.05(a)).


Crab pot dimensions?
Question: My son wants to build his own crab pot. I think it’s a great project but I can’t find any official size regulations. He already has line, buoys and bait containers. I found a web page that described a circular pot as measuring 42 inches in diameter, 14 inches deep and weighing 90 pounds. Are those the required dimensions? Can they be bigger/smaller? Any help is appreciated. (Anonymous)

Answer: As long as the trap has “at least two rigid circular openings of not less than four and one-quarter inches inside diameter so constructed that the lowest portion of each opening is no lower than five inches from the top of the trap” (CCR, Title 14, section 29.80 (c)), your son is free to construct a pot using any dimensions!

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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.

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.

Firearms to Safely Land Large Halibut?

5x7CAhalibut2011

Francisco J. Rivera set a new state and world record for California halibut on July 1, 2011 with this 67 lb 5 oz fish (Photo by E. VIllareal)

Question: I have a question about safely bringing large halibut onboard. Because the Pacific halibut caught in Alaska are often over 100 pounds, deckhands use pistols or small shotguns to kill the fish before bringing them on board. This is to prevent the fish from causing damage or hurting anyone once on the deck. Would this method be legal to use in California ocean waters with large fish? Of course, the fish would already be “landed” by first being gaffed. Is it even legal to carry a pistol while fishing on a private boat near shore? (Timothy B., Morro Bay)

Answer: Sport fishermen may take halibut by hand, hook and line, spear fishing, spear, harpoon or bow and arrow (California Code of Regulations Title 14, sections 28.65, 28.90 and 28.95.) Firearms are not a legal method of take for halibut, so a gun may not be used to assist in taking or landing the fish.

In some areas it may be legal to carry a pistol on a private boat but there are closures that prohibit the possession of any firearm on a boat along portions of the Monterey and San Luis Obispo county coastlines within the California Sea Otter Game Refuge. If considering carrying a pistol on your boat, you need to research local laws and ordinances within the jurisdictions you will be transiting on your fishing trip.


What’s required to catch and breed tarantulas?
Question: I’m interested in catching some local tarantulas to try breeding them. I can’t find anything obviously referring to either tarantulas or prohibitions on such things. Are there any licenses required? Are there any definite prohibitions against it or any issues pertaining to the different public lands (e.g. city, county, state, federal)? (S. Godfrey)

Answer: The Fish and Game Code and its implementing regulations currently do not prohibit the take of spiders, but federal laws may apply to the take or breeding of tarantulas. You may want to consult the U.S. Fish and Wildlife Service regarding federal prohibitions, and be aware that some public lands (e.g. state and national parks, scientific reserves, etc.) have laws that prohibit the taking of any live animals. You need to check with the jurisdiction of the land on which you want to hunt tarantulas.


Distance from hoop nets allowed?
Question: How far can a fisherman be from his nets once the traps are in the water? 100 yards? 500 yards? (Dixon C.)

Answer: There is no legal limit to the distance you can travel from hoop nets you have set in a recreational pursuit of lobster or crab. However, they must be checked – lifted to the surface – at least every two hours.


Transporting a white-tailed doe deer mount into California?
Question: I am looking to add a mounted white-tail doe head to the family cabin but want to be sure before buying it. It was legally taken and mounted in another state. From what I hear, it’s really old. I don’t believe they are native to California but I want to be sure it’s legal to do before purchasing and transporting it here. (Kristi D.)

Answer: Yes, it is legal in California for you to purchase the taxidermied head of either sex of a white tail deer. California Fish and Game law (Fish and Game Code, section 3039) only prohibits buying or selling any species of bird or mammal that occurs in the wild in California. We have only mule deer and black tail deer here.

One thing you must do before importing it into California is to complete and submit the Declaration for Entry form available online at www.dfg.ca.gov/enforcement/entry-declaration.aspx.

In addition, when shipping wildlife into California, there are certain requirements regarding how to properly mark containers containing wildlife. “Any package in which birds, mammals, fish, reptiles, or amphibians, or parts thereof, are offered for transportation to, or are transported or received for transportation by, a common carrier or his or her agent shall bear the name and address of the shipper and of the consignee and an accurate description of the numbers and kinds of birds, mammals, fish, reptiles, or amphibians contained therein clearly and conspicuously marked on the outside thereof.” (FGC, section 2348).

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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.