Tag Archives: deer hunting

Helicopter Fishing?

(Photo from Creative Commons)

(Photo from Creative Commons)

Question: You’ve answered readers’ questions several times in the past about the legalities and illegalities of fishing with a remote controlled boat. But my question is about a radio controlled helicopter. I just saw a video on YouTube showing a guy maneuvering his helicopter around a small lake that was dangling a line with a hook and bait on it. The craziest part of this was that he actually caught a sunfish with this rig and the helicopter flew the fish back to him on shore so that he could take it off the hook and release it back into the water. Seems like a great idea but I’m betting it isn’t legal in these parts. What do you say? (Steve C., Chico)

Answer: All fish caught in freshwater must be taken by angling which means hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such a manner that the fish voluntarily takes the bait or lure in its mouth (California Code of Regulations Title 14, section 1.05). Thus, the remote controlled helicopter could be used as a vehicle to take the line out further but the line would need to be directly controlled by the angler. Depending on the location where the “helicopter angler” wants to use it, they should first make sure there are no local ordinances or specific rules imposed by the lake property owner or concessionaire prohibiting this practice and the flying of remote-controlled helicopters.


Bow hunting with a concealed firearm?
Question: When bow hunting in California, can you carry a concealed firearm if you possess a concealed carry permit? (DeWayne T.)

Answer: Unless you are an active or honorably retired peace officer, as specified in Fish and Game Code, section 4370(b), you may not carry a firearm during an archery only (AO) deer season or while using an AO tag, regardless of whether the firearm is concealed. Fish and Game Code, section 4370 requires:

(a) In every area in which deer may lawfully be taken during the general open season, there is an archery season for the taking of deer with bow and arrow. … Except as provided in subdivision (b), a person taking or attempting to take deer during such archery season shall neither carry, nor have under his or her immediate control, any firearm of any kind.

(b) A peace officer … whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow in accordance with subdivision (a), but shall not take or attempt to take deer with the firearm.

AO tags/seasons are only one option though. You can instead choose to hunt during the general season under a general tag with a bow, and then you could carry a firearm. Hunting under the AO authority grants a special opportunity to archers in exchange for leaving the firearm in camp.


Landing a large fish from a pier?
Question: While fishing from a public pier without a fishing license, am I allowed to go down onto the beach to land a big fish that I hooked on the pier? (Pete T.)

Answer: No. A fishing license is required when fishing everywhere except from a public pier. Even if you hooked the fish on the pier and only came down onto the beach to land the fish, you would need a valid license to avoid a potential citation. Purchasing an annual fishing license will make this a non-issue; or you may want to buy a pier net to help you land bigger fish from the pier.


Peacocks
Question:Is it legal to trap wild peacocks? If so, is it legal to sell them? Is it legal to kill wild peacocks? (R. Om)

Answer: Peacocks are not protected by California Fish and Game laws and so the CDFW has no regulations regarding trapping, selling or taking them. Check with your local animal control as peacocks are domestic animals.


Carcass possession limits?
Question: I fish for rockfish out of Santa Barbara and afterwards freeze the carcasses to use for crab bait. I am aware of the daily bag limit for rockfish but have not found any regulations for the leftover carcass (head, body, skin and guts). Are there any possession limits for rockfish carcasses? (Jim P.)

Answer: Although the general rule is once the meat has been removed and consumed or given away and you only have a carcass, it no longer counts as part of your possession. However, even parts of fish are legally considered “fish.” The letter of the law is you may not possess more than a daily bag limit of fish. So, if you catch fish and take them home to clean and you freeze the carcasses for use as bait in the future, be sure you do not take more than a possession limit of carcasses with you when you go crabbing.

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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.

Bowfishing for Bullfrogs?

Bullfrogs can be taken by bow and arrow (CDFW Photo by Dave Feliz)

Bullfrogs can be taken by hand, hand-held dip net, hook and line, lights, spears, gigs, grabs, paddles, bow and arrow (including compound bows) or fishing tackle (CDFW Photo by Dave Feliz)

Question: In the regulations it says it’s legal to use bow and arrow to take bullfrogs. Does this mean we are also allowed to take them using compound bows? (J. Riggs)

Answer: Yes, compound bows are a kind of bow, so you can use them to take bullfrogs. Bowfishing for bullfrogs will also require you to have a California sport fishing license.  Amphibians may be taken only by hand, hand-held dip net, or hook and line, except bullfrogs may also be taken by lights, spears, gigs, grabs, paddles, bow and arrow or fishing tackle (California Code of Regulations Title 14, section 5.05(e)). Since there are some protected frog species that may coexist with bullfrogs, please be sure you are correctly identifying your frog as a bullfrog, Rana (Lithobates) cataesbeiana, before releasing your arrow!


Taking a deer to a butcher across the state line?
Question: I live in Lake Tahoe on the California side, and hope to tag my first buck this fall. If I have a successful hunt, is it legal to take the buck to our favorite butcher who happens to be just across state line in Incline, Nevada? Or, would I need to find a butcher in California to help process the animal? (Scott Y., Lake Tahoe)

Answer: You will need to check with Nevada Department of Wildlife regarding their importation laws. Each state regulates importation of dead wildlife under its own regulations. California’s Fish and Game laws do not prohibit this, but when you bring the meat back into California, you will need to file a “Declaration for Entry” form. This form and all directions can be found at www.dfg.ca.gov/enforcement/entry-declaration.aspx.  


No deer tag, so what can we hunt?
Question: Half of our group drew tags for our favorite hunting zone and half did not. The unlucky ones will be helping with chores, fishing and hunting coyotes. Can we carry a rifle for coyotes while riding with the hunter with a tag? Many times we’ll drop the deer hunter off and then come back to pick them up, meanwhile calling coyotes to kill the time. Is it legal or would it be best to leave the guns at camp and separate the two activities? Thanks. (Mark)

Answer: This would be legal as long as the coyote hunters are clearly not attempting to hunt, pursue, catch, capture or kill a deer. If your friends are hunting deer and you are hunting coyotes, it’s best to keep the two practices separate. This is especially true during deer season so the coyote hunters will not be mistaken by others to be deer hunting without a tag. In addition, as coyote hunters, you cannot engage in driving deer for your friends to shoot while in possession of a rifle because this is considered take of deer. Take is defined as to “Hunt, pursue, catch, capture or kill, or the attempt to hunt pursue, catch, capture or kill.” If the coyote hunters are involved in any activity which results in the pursuit of deer, they would be in violation.

Keep in mind that coyote hunting methods are often not compatible with deer hunting, so wardens sometimes encounter hunters claiming to hunt coyotes when in fact they are deer hunting and trying to fill a friend’s tag. This is a significant problem in areas where drawing a tag is difficult, such as the X-1 zone, so the wardens are watching for this.


Fishing in isolated ponds
Question: As our creeks dry up, ponds are formed, with some of them at the road culverts. Is it legal to fish these ponds with a pole, by hand or a dip net? (Jeanne G., Portola)

Answer: In intermittent streams like you describe, what appear to be ponds are actually isolated pools. Although not apparent during the dry season, water may still be flowing, out of sight, under the streambed surface. This is often called “intragravel flow.” Because a creek is still a stream and not actually a pond or lake, the same regulations for the stream will still apply. Fish can only be taken from these waters under the regulations currently applicable for that stream, including seasons, limits, methods of take, etc. To view the current sport fishing regulations for inland waters, please go to www.dfg.ca.gov/regulations/ or pick up a copy of the booklet wherever fishing licenses are sold.


Are artificial fish scent attractants considered bait?
Question: Are products like artificial, scented fish eggs considered “bait” when it comes to areas where the regulations call for artificials only? My guess is they would be considered bait, but what about just plastic salmon egg imitations with no scent? Or, does scent play into the regulations at all? (Mike S.)

Answer: An artificial lure “… does not include any scented or artificial baits” (California Code of Regulations Title 14, section 1.11). This means attractants may not be applied to the lure while fishing in waters restricted for artificial lure use.

In addition, some people spray WD-40 on their lures. This substance contains petroleum and is specifically prohibited by law to be deposited or introduced into the waters of the state (Fish and Game Code, section 5650).

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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.