Tag Archives: deer hunting

What’s the Level of Wildlife Officers’ Search Authority?

CDFW Wildlife Officers have broad search authority. Hunters and anglers are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife.

CDFW Wildlife Officers have broad search authority. People are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife (CDFW photo)

Question: Do California Department of Fish and Wildlife (CDFW) wardens have the authority to search a sportsperson’s truck, boat, cooler, etc. without a warrant or probable cause? If so, how would an abalone check point (for example) not be a blatant violation of the Fourth Amendment of the constitution? I’m all for stopping poachers, but not at the cost of violating what makes our country so special. Thanks. (John McClellan)

Answer: In the hunting and fishing context, wildlife officers are authorized to conduct compliance inspections that would likely require warrants or probable cause in other contexts. Hunting and fishing are highly regulated activities. The fish and wildlife belong to the people of the state and not to any individual. Many states, including California, recognize this and have enacted statutes to allow Wildlife Officers to conduct regulatory inspections when interacting with those who are engaged in hunting and fishing activities. Some of these include:

• Authorization to inspect boats, buildings other than dwellings, and containers that may contain fish or wildlife (Fish and Game Code, section 1006)

• Authorization to “enter and examine any…place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or to board any fishing boat…or vehicle or receptacle containing fish…and may examine any books and records containing any account of fish caught, bought, canned, packed, stored or sold.” (Fish and Game Code, section 7702)

Also, people are required to exhibit upon the demand of a wildlife officer all licenses, tags, wildlife, and any device or apparatus designed to be, and capable of being, used to take wildlife (Fish and Game Code, section 2012)

The courts have consistently upheld these inspection authorities. As for check points, CDFW has used check points for the past 25 years as a focused and effective means of educating resource users and deterring violations of our wildlife laws. In a state as vast as California with a population of over 38 million people and with a staff of only 400 sworn officers, CDFW needs to ensure that the funds and manpower resources we have are put to the most efficient use possible. Conducting checkpoints allows us to contact thousands of people who are using our public trust resources with a handful of officers. For those who are not using our public trust resources, the check points provide us an opportunity to educate them about our state’s wildlife resources and our role in protecting those resources. The courts have established minimum standards that must be followed when we conduct checkpoints, but just like DUI checkpoints, wildlife checkpoints have been upheld by the courts.


Helping friends fill their deer tags?
Question: If a group of friends go hunting for a week, and one of the hunters tags a buck on the first day, can he continue to carry his loaded rifle with him and help his friends fill their tags? If not, can he only help with spotting and drives without a weapon? (Rod P., Napa)

Answer: Once a hunter takes a deer and fills his tag, he may accompany other hunters but cannot assist them in any way in the take of additional deer. In addition, he should leave his rifle behind. Otherwise, if encountered in the field with a rifle or other method of take, wildlife officers may determine the person assisting the hunters is also actively hunting.


Fishing for rockfish and fishing crab snares simultaneously?
Question: Can a kayak/boat angler use one line to take rockfish and then fish a crab snare with another line? In this case, a hand line tied off to his kayak? (Anonymous)

Answer: The law requires that when fishing for rockfish, only one line with no more than two hooks may be used. However, in this case, an angler may also fish for crabs at the same time with a line that attaches to a crab loop trap because these traps will not likely catch rockfish. If approached by a wildlife officer, the angler should be prepared to explain up front that only one line contains two hooks for rockfish and the other line is attached to a crab loop trap. Remember that crab loop traps are restricted to six loops.


Pelagic red crabs
Question: The pelagic red crabs (tuna crabs) are drifting in with the warm El Niño waters and washing up on beaches everywhere. I’d like to use them for bait. Are there any regulations to be aware of? (Andrew S.)

Answer: The limit is 35 pelagic red crabs per day and 35 in possession. There are no size limits and they may be taken only by hand.

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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.

Must Hunters and Anglers Carry CDL with License?

Hunters and anglers should carry photo identification along with appropriate fishing/hunting licenses to properly identify who they are (CDFW photo by Debra Hamilton).

Hunters and anglers should carry photo identification, along with their appropriate hunting/fishing licenses, to properly identify themselves to wildlife officers when asked. (CDFW photo)

Question: While hunting or fishing, besides carrying the appropriate license(s), do I also need to carry my state driver’s license? I would prefer to leave it in my vehicle, but I also want to be sure I am in compliance with the law if I run into a game warden in the field. So my question is do I need to carry photo I.D. with my license? (Anthony B.)

Answer: You will need to verify that you are the person holding your own fishing or hunting license. Though photo identification is not mandated by law, being able to identify yourself properly is. If you cannot appropriately identify who you are, you may see yourself in an extended contact with the wildlife officer. If you’re getting cited for something, the wildlife officer may have to take you to jail until you can be properly identified. The bottom line is even though the law doesn’t state you must have photo identification in possession, it would benefit you greatly to carry photo identification, so you may properly identify who you are to the wildlife officer.


Family crabbing trip
Question: My family plans to take a trip to San Francisco this July. Is red crab season still open or is it open all year? If it is open, please let me in on some rules and regulations, such as the limit and the size? Where can I find more information about crabbing in San Francisco and ask more questions? (Kao X.)

Answer: Take of rock crab is open year-round. Red/yellow/rock crab are species that may be kept in San Francisco Bay (no Dungeness crab may be kept from the Bay, even during the open season). Rock crab and other non-Dungeness crab have a daily bag and possession limit of 35 crab that must measure at least four inches across (see California Code of Regulations Title 14, section 29.85(b) on pg. 50 of the current Ocean Sport Fishing regulations booklet).

There are a variety of piers where people go crabbing in the San Francisco Bay area. Try reviewing piers on the website www.pierfishing.com. A guide that shows the differences between the crab species is available online at www.dfg.ca.gov/marine/dungeness_crab.asp#cancroid.

Be sure to review the above subsection thoroughly for further fishing regulations that pertain to rock crab (bag limit, size limit, etc.). For more information about crab, you can visit our Invertebrate Management Project webpage at www.dfg.ca.gov/marine/invertebrate/crabs.asp.


Transporting cleaned and portioned fish
Question: If I take a long road trip with my boat in tow and catch fish over a few days, my concern is that while I will only have legal quantities in possession, the fish will be cleaned, portioned and vacuum sealed before I return home with my boat in tow. I know it’s legal to clean fish after I am at my vacation home, but in this this situation the quantities of yellowtail, yellowfin, white sea bass, etc. would be impossible to determine even though I am within the possession limits. How would a wildlife officer deal with this situation if I was stopped on the roadtrip home with a cooler full of vacuum sealed fish? (Charlie C.)

Answer: Unless the regulations specifically require that a fish be kept whole until being prepared for immediate consumption, such as lobster and abalone, you may clean and store your fish in any condition you want to, once they are brought ashore. In similar situations, people have chosen to package each fish separately, and retain the carcass, so that if stopped by a wildlife officer, they could show the officer the legal-sized carcasses, which would also aid in identifying the species of fish. That still would be more complicated than if you hadn’t chunked up the fish, but it would be better than a bag of nondescript cubes of fish. If the quantity appeared highly excessive, a wildlife officer might use our Wildlife Forensics Laboratory to determine the exact quantity.


AO tags during rifle season?
Question: Can you use an Archery-Only tag during rifle season if you’re still using archery equipment as your method of take? (Eric C.)

Answer: Yes. The Archery-Only (AO) tag allows hunting with archery equipment only during the archery and general seasons in A, B or D zones and Hunt G10 (military only). You may not possess a firearm or crossbow when hunting under the authority of an AO deer tag, except as otherwise provided.

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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.

Although They Sell Deer Chow, Don’t Be Deceived

Even if you find deer chow for sale in your local feed store, it is not legal to use to feed deer or any big game in California. (Photo of a white-tailed deer courtesy of USFWS)

Even if you find deer chow for sale in your local feed store, it is not legal to use to feed deer or any big game in California. (Photo of a white-tailed deer courtesy of USFWS)

Question: I was at my local feed store today and was astounded to find bags of Purina Deer Chow for sale, and another feed for wild pigs. I know it is illegal in California to feed big game animals, including deer, bear, elk, wild pigs and pronghorn. So why is it okay to sell deer food? I asked the proprietor and they said that it was not illegal to sell the food and that their customers wanted the product. Isn’t this a little bit like saying it is okay to sell drugs, even if it is illegal to use them? What is the rationale for allowing the sale of a product when its use is banned? (Roy “Confused in Caspar” Falk)

Answer: Although feeding deer or any big game species is prohibited in California, deer are allowed to be fed in other states. Hunters are even allowed to bait them in some states, probably even with this feed. The deer picture that they show on the package is of a white-tail deer which we don’t have here in California. Feeding deer unnaturally concentrates the animals in a very confined location and increases the potential spread of disease. It also makes them more vulnerable to predation by mountain lions and coyotes who quickly figure out where to find concentrated numbers of deer. CDFW has investigated many cases of deer feeding that inadvertently attracted mountain lions which killed the deer the people were trying to feed.

You’re right to feel confused and I’ve asked the same question. It doesn’t seem right since it sends the wrong message to the customers, but the Fish and Game Code generally doesn’t regulate the products that feed stores and pet stores may carry. Many also sell ferret food, and those animals are illegal to possess in California.


Why do fishing and hunting license fees increase every year?
Question: Why do fishing and hunting license fees and various cards and tags increase in price every year? This concerns my friends and me as we are of the older population of California and are on fixed incomes. Hunting and fishing are some of the only pleasures we have to enjoy in our old age, but it is becoming so costly we won’t be able to afford it if you keep raising prices. (Bill D.)

Answer: California law establishes fishing and hunting license fees each year, not the Department of Fish and Wildlife (CDFW). The base fee for sport fishing licenses is established in Fish and Game Code, section 7149 and the fees for stamps and most report cards are established in other sections of the Fish and Game Code or California Code of Regulations, Title 14.

According to CDFW License Program Analyst Glenn Underwood, the Fish and Game Code, section 713 requires license fees to be adjusted in response to increases (or decreases) in costs of goods and services using an index called the “Implicit Price Deflator.” This index is a gauge of the change in the cost of goods and services from year to year.

For example, as hatchery, law enforcement and wildlife management costs have increased, license fees needed to increase to keep pace with these rising costs. Essentially, license fees are adjusted to compensate for inflation. If license fees were not adjusted for inflation, then funding for fish and wildlife management and protection would actually decrease because the “buying power” of a dollar has declined over the years.

License fee increases over the past five years have ranged from a low of 1.2 percent in 2013 to a high of 2.8 percent in 2011. The average index over the past five years has been 1.91 percent. For 2014, the cost of goods and services increased by 1.3 percent and 2015 license fees increased accordingly. If the cost of goods and services were to decrease, then license fees would actually decrease the same percentage. However, when is the last time the cost of living actually decreased?

Although fishing and hunting license fees have increased throughout the years, the increase ensures that the CDFW has adequate funding to manage California’s diverse fish and wildlife resources and provide the public with enjoyable fishing and hunting experiences.


Hunting by javelin?
Question: I just tried javelin throwing for the first time and it sparked an idea that I could hunt with this for big game mammals. But I can’t find it specified anywhere in the mammal hunting regulations booklet. Does this mean that since it isn’t mentioned it’s illegal to use to take down an animal? (Brent L.)

Answer: Yes, you are correct. Hunting by spear or javelin is not a legal method of take for big game.

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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 Well Can Waterfowl See?

Wood duck (Photo © Carrie Wilson)

Wood duck (Photo by Carrie Wilson)

Question: How well can ducks actually see? Can they see color? I know deer see different shades of gray, but what about ducks and geese? (David V.)

Answer: Waterfowl can control the curvature of both the lens and cornea (mammals, including humans, only control the lens). This is basically how birds can see extremely well while flying and while in the act of diving/feeding. In addition, their eyes act independently and they use one at a time to allow for depth-perception since nearly all waterfowl have monocular, not binocular, vision (they can’t stare forward at objects).

Another unique thing about waterfowl is they can see in almost all directions. A few ducks are the exception to the rule, but usually the eye placement allows them to view in many different directions at the same time. Secondly, waterfowl have a very high number of cones (which dictates color vision in humans) which allows them to see sharp images and have color vision where colors are more vivid than humans’ ability. The breadth of color vision is much wider than our own since UV light can be observed by waterfowl (UV light is absorbed by lenses in humans). This allows waterfowl to fly at night or feed in the dark or at low light conditions.


Diving in MPA reserves with game onboard?
Question: If I am on a commercial sport diving boat and we have legally caught lobster on board, may we go into a marine protected area (MPA) to dive and be assured that we will not get a ticket if we are boarded? We would of course have lobster report cards all properly filled out and the lobsters would be of legal size and taken beforehand in a legal area. Can the boat operator be assured that he will not be cited as well? (Rusty B., Montclair)

Answer: If you have lobsters on board your vessel, you may not dive in a marine reserve with gear that can be used to catch lobster (California Code of Regulations, Title 14, section 632 (a)(7) and (8)). A person can’t have their “fishing gear” deployed in the water when anchored or transiting through a marine reserve or other MPA that prohibits fishing for the species you have onboard. Thus, if a diver dives with a game bag and gloves, then it could be argued they have their lobster “fishing gear” in the water. If divers really want to dive in a marine reserve off their boat with catch on board, they should do everything possible to ensure it does not appear they will be pursuing/taking lobster. This would include stowing their completed lobster report card, along with the lobster and dive bags. A diver wearing gloves and diving with a game bag, or anything else that could be used to take fish, lobsters or abalone (a large dive knife or long stick with a hooked device, etc.) would appear to have another purpose in mind besides sightseeing. It would then be up to the wildlife officer to determine the appropriate action.


Are rules for selling on eBay different?
Question: From my understanding, it is illegal to sell deer skulls, deer antlers or deer mounts in the State of California. I know that eBay is based in California and they allow the sale of deer antlers, mounts and deer taxidermy. Obviously, they are receiving money from the online sale of deer parts so how did that come about, and has there been special legislation to cover it? Was this a decision allowed by the California government, California Department of Fish and Wildlife (CDFW) or has it just happened this way? (Nate H.)

Answer: Just because eBay is selling these things or allowing them to be sold, doesn’t mean it’s legal. Fish and Game Code, section 3039 generally prohibits selling or purchasing any part of a bird or mammal found in the wild in California. Complete antlers, whole heads with antlers, antlers mounted for display or antlers in the velvet may not be sold or purchased at any time. However, shed antlers or antlers taken from domestically reared animals that have been manufactured into products or handcrafted items, or that have been cut into blocks or units which are to be handcrafted, may be purchased or sold. Deer hides can also be sold.


Who can validate big game tags?
Question: I have a question regarding who can validate big game tags. In the regulations booklet there is a list of persons who may validate/countersign big game tags, but I noticed there is no mention of County Agricultural Standards Inspectors. Each county has Agricultural and Standards Inspectors and/or Agricultural Biologists and Standards Inspectors who enforce the laws and regulations of California. Would a hunter be within their legal right to have their big game tag countersigned by such a person? (Andy R., Escondido)

Answer: No. Only those people listed in the regulations booklet are authorized to validate big game tags (CCR, Title 14, section 708.6).

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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 Are Sturgeon Weathering the Drought?

Sturgeon photo1

White Sturgeon (CDFW photo)

Question: I have a question about sturgeon. Are they being negatively affected by the drought? Since sturgeon have been around millions of years, they must have endured many droughts and so hopefully this drought will not hit them as hard as maybe some other species that are less hardy and more sensitive to changes. Is this true? (Anonymous)

Answer: That’s an excellent question, but the answer is complicated. According to California Department of Fish and Wildlife (CDFW) Environmental Program Manager Marty Gingras, plenty of sturgeon in California will likely outlive this drought because of the state’s adaptive management of white sturgeon harvest (green sturgeon is a threatened species so harvest is illegal) and protection from poaching.

Sturgeon and salmon are anadromous species, but salmon mature and then die in just two to three years. By comparison, female sturgeon typically mature after 15-plus years, can spawn more than once (though not annually) and can live many decades. These characteristics mean that sturgeon are resilient, but it also means they can easily be overfished. California’s sturgeon fisheries were (with minor exceptions) closed from 1901 through 1953 due to overfishing. Commercial harvest of white sturgeon is illegal and recreational harvest is now managed through area closures, bag limits, size limits and gear restrictions.

Most sturgeon spawn in the Sacramento River and young-of-the-year fish migrate downstream to rear in the San Francisco Estuary. Large numbers of young sturgeon survive the migration only in years with nearly flooding Sacramento River flows during both winter and spring. For sturgeon it is as though 2014 is the eighth straight year of drought. Although a relatively-good “cohort” of white sturgeon spawned in 2006 will soon be harvestable, we expect the fishery to decline substantially.

Adaptive management of California’s white sturgeon through predictable ebbs in abundance is key to conservation of the species and its fishery.


Deer tag validation required from private property?
Question: If I take a legal buck on my own property, then tag and process it on site, do I need to get the tag validated since it will require me to transport the carcass off my property? (Ruth W.)

Answer: Yes. All deer must be validated even when taken on private property. Remember, wildlife belong to the people of the State of California, not to the owners of land where animals live. The law states the animal’s tag must be validated regardless of where taken and may not be transported initially except for the purpose of taking it to be validated (Fish and Game Code, section 4341).


Dorado limits higher in California
Question: I went fishing out of San Diego twice this fall. The first time we fished in California waters off San Clemente Island and the second time we fished in Mexican waters. I understand the daily bag limit for Dorado in Mexico is two fish, but can’t find it in the regulations booklet for California. What is it? (Chuck K.)

Answer: Dorado do not have a specific bag limit in California and so they fall under the general bag limit of 10 fish of any one species with no more than 20 finfish in combination of all species (California Code of Regulations, Title 14, section 27.60(a)).


When cancer treatment threatens premium draw deer hunt?
Question: I was diagnosed with a rare blood cancer in April and have had chemo for four months. I am doing great and am in good shape to go hunting, but I just found out I must have a bone morrow transplant and it looks like it will be around the time of the premiuml draw tag hunt. Can I return this tag and still get my points back? Doctors at Stanford are trying to let me go hunting but it may not happen. (Dennis S.)

Answer: So sorry to hear about your cancer and the treatments you’re going through! In order to return the tag without penalty, I suggest you contact our License and Revenue Branch at (916) 419-7573 immediately. You must return the tag before the season begins along with a letter explaining why you can’t complete the hunt. With some tag drawings there will be an alternate list available with hunters standing by in case of a cancellation. No alternate lists are established for premium deer tags though, so your tag will not be reissued to anyone else. There is a preference point appeal process available. Please go to CCR, Title 14, section 708.14 for the details. And best wishes that your upcoming cancer treatments go well.


Motorized turkey decoys?
Question: Are there any restrictions on using motorized or string motion decoys while turkey hunting in California? (Scott C.)

Answer: No.

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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.

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Local Gooseneck Barnacles on the Menu?

Close-up of gooseneck barnacles (Pollicipes polymerus) Dr. Dwayne Meadows, NOAA/NMFS/OPR

Close-up of gooseneck barnacles (Dr. Dwayne Meadows, NOAA Collections)

Question: I have a question about gooseneck barnacles. In the Fish and Game regulations it states that gooseneck barnacles cannot be taken or possessed at any time. Can you tell me why? I have spoken with California Department of Fish and Wildlife (CDFW) biologists and they did not know why but suggested I contact you. Currently, the only legal way you can obtain them is by purchasing them in a dish at a high-end restaurant. The barnacles sold in these dishes are imported from Spain. I collect mussels in season and the barnacles are nearly as prolific as the mussels, and in the same locations as the mussels. (Curt H., San Francisco)

Answer: I suspect that as with so many of our regulations, goosenecks were not included with the inverts that can be taken because no one spoke up when the list was made to say, “Hey, people eat goosenecks!” California Code of Regulations Title 14, section 29.05 lists those animals that may be taken within the intertidal zone, and no barnacles (including gooseneck barnacles) are included. These regulations are reviewed and often amended every two years and the Fish and Game Commission could consider adding barnacles to those animals that can be taken. Feel free to contact the Commission with your request (www.fgc.ca.gov/). They would ultimately decide if goosenecks could be added.


Can my estate sell my hunting gear as furniture?
Question: Can my estate sell my collection of all of my old hunting gear that I have collected over the years as a piece of furniture? I have an old hat rack with the following items on it: My father’s old hunting hat and his brother’s old hunting hat, my father’s old hunting coat and his duck strap. On the coat are some old hunting licenses (1930’s and 1940’s), various duck pins, plus 1920 and 1942 Ducks Unlimited pins, and collections of duck bands on a cord. There are also some old pheasant tags/permits in one of the pockets from this same era.

What I’m most proud of is the duck strap that contains nine different species of mounted ducks hanging by their necks. They include: hen shoveler, blue wing teal, gadwall drake, pintail drake, widgeon drake, green wing teal drake, wood duck drake, ring necked duck drake and a small cross-bred duck.Bob Stewart

I am aware that you can’t sell mounted birds by themselves, but as they are part of the piece of furniture, can they be part of the total value and all sold together? All of this vintage hunting stuff belonged to my father and uncle, but I know once I pass on, no one else in my family will have any interest in keeping the stuff. I hope my estate will be able to sell this whole collection of treasures as a piece of furniture so as to not have to break it all up and lose the duck mounts. (Bob S., Modesto)

Answer: What a great collection!! Unfortunately, as you suspected, you cannot sell the ducks. Your best bet would be to sell the other items and donate the ducks. You could perhaps take the ducks out of the collection all together but then donate the strap of birds to the person who buys the other items.


Mobile deer stand
Question: I have a deer stand that lifts up and down using a hydraulic ram mounted in the back of my truck. Is this legal in the state of California? The only way to use it is if the truck is on flat ground and not moving. (Anonymous)

Answer: Unless you qualify for a disabled hunting license, the law prohibits shooting any game bird or mammal from a motor vehicle (Fish and Game Code, section 3002). This provision also applies to a vehicle-mounted deer stand. A legal alternative might be if the stand could be mounted onto a trailer that could then be detached from the vehicle.


Sibiki rig for bait while rock fishing
Question: While fishing for rockfish we would like to have a small rod set up with a sibiki rig to catch bait fish. Do we need to remove the extra hooks and only use two hooks when fishing for bait with rockfish on board? Thanks (Dave P.)

Answer: Yes, when rockfish, lingcod, cabezon or kelp or rock greenling are aboard or in possession, only one line with not more than two hooks may be used (California Code of Regulations Title 14, sections 28.55, 28.27, 28.28 or 28.29, respectively.)

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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.