Tag Archives: deer hunting

How Many Feet in the Water to Enter a Legal Hunt Zone?

California mule deer (photo by Carrie Wilson)

California mule deer (photo by Carrie Wilson)

Question: While hunting during archery season in August, I ran into a situation that I could use your guidance on. While at my campsite, a hunting partner of mine observed a buck feeding near the creek that we were camped near. I was hunting in D7. Unfortunately for me, the buck was on the north side of Deer Creek, and therefore in X9A. I quickly got my bow while my hunting partner sat quietly at camp and watched. I quietly moved into position and waited for the deer to cross the creek. He never did, so therefore I had to let him go, of course.

When a zone’s boundary is defined by a creek, river or other body of water, when is the animal considered to be within your zone and therefore legal to take? Can you take him when he’s drinking and touching the water? Does he need to have two or four feet in the creek? Does he need to completely cross and be across the creek and completely in your zone? Or does he need to be clear of the creek bed all together? What is the law? (Kevin K.)

Answer: The deer would have had to be at least halfway across the creek to be into the correct zone. Keep in mind that animals shot with bow and arrow or a rifle can travel a substantial distance, so it is wise not to hunt right on the border of a zone. A non-lethal shot could easily take you immediately into the closed zone where your tag is not valid.


Ocean sunfish – you can take them, but what then?
Question: I saw some ocean sunfish laying around on the surface in waters off Sonoma County. Are they legal to take? Is there a website or a listing of which fish are illegal to catch? (Anonymous)

Answer: Yes, ocean sunfish (Mola mola) may be taken by licensed recreational fishermen. While some ocean species have fishing regulations that pertain only to them (e.g. rockfish and salmon), other species do not. Species for which there are no specific regulations, such as ocean sunfish, are covered under section 27.60 on page 34 in the current Ocean Sport Fishing Regulations booklet. The daily bag limit for species covered under section 27.60(a) is: 10 fish of any one species, with a total daily bag limit of 20 fish. This means you can take up to 10 ocean sunfish plus 10 other fish per day, for a total of 20 fish. Fish that fall under this section do not have seasons (open year-round) or size limits.

Please be aware that ocean sunfish are not a species targeted by most recreational fishermen. This species is generally not considered to be good eating. Keep in mind that it’s a violation to waste a fish after you have taken it (California Code of Regulations Title 14, section 1.87), so you might want to research that a little more before finding yourself in possession of a large fish you don’t care to eat.


Carrying shotguns for ducks and doves at the same time
Question: You recently answered a question about having two shotguns in a duck blind. That made me wonder whether the two shotguns can be loaded with different ammo. For example, if it’s dove season, can I have a 12 gauge shotgun for ducks and keep a 20 gauge loaded with lead shot for doves? (Allen S.)

Answer: Yes, you can carry more than one gun, but while waterfowl hunting, you are required to possess only non-toxic shot regardless of the shot size. Both shotguns must be loaded with non-toxic shot.

In addition to non-toxic shot requirements for waterfowl hunting, nonlead ammunition is now required when hunting on all state wildlife areas and ecological reserves regardless of the species pursued. And when hunting during waterfowl season, hunters may only have 25 shells in the field, regardless of the difference of shot size. This means hunters on state wildlife areas are limited to non-lead and only 25 shells total for doves and ducks, combined.

For more information on the phase-out of lead ammunition for hunting in California, please visit http://www.wildlife.ca.gov/hunting/nonlead-ammunition.


Corn for carp bait?
Question: Can you point me in the right direction to see the regulation regarding the use of whole corn kernels as bait, specifically for carp, but in general as well? Numerous people have told me corn is illegal to use in California, but I’ve looked through the regulations book at least four times and can’t find anything saying it’s illegal. (Tony)

Answer: The general bait regulation for inland waters says that treated and processed foods may be used as bait, and there is no prohibition on the use of corn kernels (CCR Title 14, section 4.00). This question comes up quite a bit because some states do not allow corn to be used as bait, but California does.

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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.

Diving and Spearfishing without a Fishing License

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Question: I live within 500 yards of the point of entry where I go spearfishing. Does that mean that, according to section 7145, I can just keep my fishing license and lobster report cards at home since they’re within the 500-yard limit? I’m about 200 yards or so from the reef where I dive. (Raf C.)

Answer: Lucky you! When fishing and/or taking lobster, you are required to have your license and spiny lobster report card on your person or in your immediate possession. If diving from a boat, they may be kept in the boat, or if diving from shore, they may be kept within 500 yards of the shore (Fish and Game Code, section 7145(a)). In your case, if your license and report card are located 200 yards from shore (where you enter the water), then you’re OK. Don’t forget that prior to your dive you need to record the month, day, location and gear code on the report card. And when you return, you will have to fill in the number of lobster you kept from that location.


Hunting blinds on public property
Question: I am a hunter myself and while walking on a closed road recently, I noticed someone had built a hunting blind about 25-30 yards off the road with tarps, boards and sticks from the surrounding woods. Can a person legally build a hunting blind in the woods on public hunting grounds and then continue to fix it up to use each year? And if that blind is vacant and not being used, can the person who built the blind claim it as his own or is it first come first serve? (Anonymous)

Answer: It is not legal for someone to build a structure and then leave it on public land. That could be considered littering as well as destruction of public property if public resources are damaged in the process. Thus, your follow up question about whether the blind builder can claim ownership is a moot point.


Abalone diving with homemade snorkel
Question: I made my own snorkel using a flexible hose that is about five feet long. No air supplying motor or any device is attached to it. It’s just a long flexible hose with a check valve in it. If I use it while abalone diving, would I be in violation of any regulations? I am aware of the regulation prohibiting the use of SCUBA gear or surface-supplied air. (Chris L.)

Answer: Although this would be legal, using this type of snorkel would be very dangerous because you must be able to displace used air in your snorkel. You could be seriously harmed from breathing from a long snorkel because the air volume in the snorkel makes it difficult to displace exhaled air. Rebreathing used air can cause death or great bodily harm to a diver. This is why you do not see longer snorkels sold by dive shops.


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 http://www.wildlife.ca.gov/Regulations or pick up a copy of the booklet wherever fishing licenses are sold.


Selling deer hides
Question: I’m a hide tanner and recently asked a butcher about getting deer hides from him. He was worried about giving them to me because he seemed to think that I would need to have a deer tag for every deer hide. Can you tell me what the legalities are concerning deer hides? I would like to make use of the hides that are being thrown away. Also, do you know of any deer hide sources for me? (David C.)

Answer: It is legal to buy and sell (or gift) lawfully taken deer hides (FGC, section 4303). The person receiving the hides is not required to have a hunting license or tag. However, it’s a good idea for both parties involved to keep records of the transactions to protect against false accusations that the hides were acquired illegally.

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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.

Legal Hitchhiking?

(CDFW Photo by Athena Maguire)

Lingcod hitchhiking on a rockfish caught on a shrimp fly (CDFW Photo by Athena Maguire)

Question: If I am using a legal shrimp fly rig to fish in California waters for rockfish and a legal-sized lingcod bites and holds onto an otherwise legal-sized rockfish, can I legally gaff and possess that legal-sized hitchhiking lingcod? I am assuming the lingcod has not been hooked in the mouth on my shrimp fly rig, but has merely bitten and held on to the rockfish all the way to the surface. Would this be legal? (James O. Peterson)

Answer: Yes. The take of “hitchhiking” lingcod with a gaff is legal as long as the fish is of legal size. Gaff hooks cannot be used to take or assist in landing any finfish shorter than the minimum sizes limit. Gaffs also cannot be used to take salmon, steelhead, sturgeon or striped bass.


What does new mandatory deer hunt reporting mean for hunters?
Question: I’ve noticed the California Department of Fish and Wildlife (CDFW) are now requiring all deer hunters to report their deer tags. Every person who is issued a deer tag must submit a report for the tag either online or by mail after the hunt, even if they did not hunt or did not harvest a deer. Does this new regulation mean that mandatory validation of all deer tags by an authorized individual is no longer the case? If not, why? Doesn’t mandatory reporting cover all circumstances, except for the poacher types? Given that we are required to participate in more and more validation reports, is it possible that down the line this information will be used to close a zone or severely limit tag numbers? Will more and more zones be transformed into draw only, such as what occurred with the B zone a few years ago? (Bill A.)

Answer: The reporting regulation did nothing to change validation requirements. Hunters have always been allowed to transport deer from the kill site to where it’s going to be validated and the tag must still be validated. Many folks are authorized to validate deer tags (see the current California Mammal Hunting Regulations booklet, pp. 2-13 for full list), but if one of those people are not available, the online reporting system will provide a number to at least prove that the tag has been reported.

According to CDFW Wildlife Programs Manager Craig Stowers, this is a harvest report (not a “validation report”). Successful deer hunters have always been required to report their take. However, due to hunter failure to report, tags picked up in the field and never sent in for processing, or even losses in the mail, we know darn well that we don’t get all the successful take reports.

Harvest information is an important component of population estimates, so you are partially correct in that this information is used to set tag quotas. California’s deer populations are stable, but given the high demand for tags, it is highly likely we will see more zones go to draws in the future. There is no system we could design and implement that will allow deer hunters to get any tag they want, whenever they want.

Here’s one example of how the harvest report system could help deer hunters: calculations of the hunter success ratios that so many hunters seem to use to make their hunt selections. Many hunters get tags they don’t use, but we used to include those hunters in the success calculations. This reporting system gives us a handle on that so we can provide tighter, better information than we ever have before.


Two anglers sharing one rod?
Question: If there are two guys with fishing licenses and they are fishing from shore, is it legal for them to share one fishing pole between them? If so, can both anglers continue fishing until they both get their limits of fish? (Kong C.)

Answer: This would be legal, but CDFW recommends that each angler have their own bags or stringers for the fish they catch in order to keep them separate. It is not legal for one person to catch their limit and then to continue fishing to help their friend get their limit. If each person keeps their own fish separate, there will be no confusion if asked by a warden to display the fish they’ve caught.


Eotech or red dot sights?
Question: Can I legally hunt deer in California with my Eotech Holographic sight on a rifle? Since it has a lighted dot but does not project a visible light outside of the viewfinder, I assume it would be legal but want to be sure. (Ken M., Redding)

Answer: As long as the sight does not emit a directional beam of light, then it may be used (Fish and Game Code, section 2005). The problem comes when a light is emitted out away from the rifle or bow sight to give the hunter what some would consider an unfair advantage over the game. A light might also substantially contribute to hunting before or after legal hours.

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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.

Hunting Big Game using Cell Phones and Radios?

Hunting while using the assistance of cell phones and radios is legal in California but many don't consider it ethical (USFWS photo)

Hunting while using the assistance of cell phones and radios is legal in California but many don’t consider it ethical (USFWS photo)

Question: Is it legal while hunting big game to have a spotter guide a hunter to the animals using cell phones or radios? (Frank H.)

Answer: While it’s illegal in some states, it’s not in California. In states where it is banned, it is because they believe using radios and/or cell phones while big game hunting is not an ethical method of stalking and hunting wildlife. Currently, California has no such law and so radios and cell phones are legal.


Black Cod – Sable
Question: We occasionally venture offshore for albacore later in the season and are wondering if it is legal to sportfish for black cod or sablefish in deep water. We are talking about 800 feet or deeper waters using deep drop gear. We see commercial fisherman out there long lining for these fish. (Peter C.)

Answer: What you describe is not legal. There are six Recreational Groundfish Management Areas along the coast of California (see page 9 of the 2015-2016 Ocean Sport Fishing Regulations booklet). Depending on the management area, the depths range from approximately 120 feet to 300 feet. The only allowance for a recreational boat to possess groundfish, including sablefish/black cod, in areas deeper than allowed or closed to the take of groundfish, is when that boat is in transit with no fishing gear in the water (California Code of Regulations Title 14, section 27.20(b)). There are a few species exceptions, like Pacific sanddabs, which is why the angler must carefully read the section pertaining to the management area where he/she will be fishing.


Slingbow modification
Question: I have a few questions regarding using slingbows in my area and possible changes to my method. I want to get into slingbow fishing since spearfishing in freshwater is illegal in my area (San Luis Obispo County). Is it legal here in this county? And if so, is it restricted to above the water’s surface or can I shoot fish underwater using snorkel and mask?

Second question … If it is legal to use a crossbow underwater, instead of using arrows, would it be legal to shoot carp with a Hawaiian sling shaft from a slingbow if it’s attached to a line or reel? If not, is it restricted to arrow use only? (Anonymous)

Answer: Using a slingbow or crossbow underwater would constitute spearfishing and would not be legal as spearfishing is defined as “the taking of fish by spear or hand by persons who are in the water and may be using underwater goggles, face plates, breathing tubes, SCUBA or other artificial underwater breathing device” (CCR Title 14, section 1.76).

A slingbow would only be legal as bow and arrow fishing tackle if the arrow is attached to the slingbow by a line or attached fishing reel (CCR Title 14, section 1.23). But, in San Luis Obispo County, all public lakes have ordinances prohibiting possession of bow and arrow fishing tackle on or along these water bodies. So a slingbow with attached line/fishing reel could only be used on private ponds or lakes and only for fish species listed under section 2.25 on page 15 of the current Freshwater Sport Fishing Regulations booklet.


How to stop neighbors from leaving food and water for wildlife?
Question: What can be done legally to stop my neighbors from leaving food and water outside for animals? Raccoons and rats have invaded our homes and yards and are leaving unhealthy feces behind, tearing the fabric on our patio furniture and causing other problems. How can we get them to stop? (Sally S.)

Answer: Many people think they are helping wild animals when they provide food and water for them. However, all they are doing is luring the animals into conflicts with people living in the area. CDFW provides information about the inadvertent negative results on our website (search for “feeding wildlife”). You could start by educating your neighbor about the harm they are doing by providing them some of the information, and then hope that their heart is in the right place and they will stop. If the actions continue, some cities have passed local ordinances that make it illegal to feed wildlife, and CCR Title 14, section 251.1 makes it unlawful to harass wildlife (causing them to alter their normal behavior), which can include feeding them. Hopefully, educating your neighbors will preclude having to get law enforcement personnel involved.

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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.

Bass Fishing Beyond Limits?

Bass anglers competing in a CDFW-permitted fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Bass anglers competing in a CDFW-permitted bass fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Question: I was reading one of your responses to a trout fisherman’s question regarding continuing to fish and practice catch and release after he had five trout on his stringer. The short answer was no, because “…catch-and-release fishing is not legal unless you’re still under your maximum bag limit.” I’m a bass fisherman and if that’s the case, it would seem to conflict with me culling fish once a limit is reached in a tournament. Are we violating the law? (Jim V.)

Answer: You are correct that is most cases once an angler reaches their bag limit they cannot continue fishing. However, a special provision has been made for California Department of Fish and Wildlife (CDFW)-permitted and approved bass fishing tournaments to allow black bass anglers only during the tournament to keep fishing once five fish are in possession (California Code of Regulations Title 14, section 230). They must cull one of these fish immediately upon catching a sixth in order to never be in possession of more than five bass at one time.


Harvesting barnacles attached to floating driftwood?
Question: I read your answer recently about how barnacles cannot be harvested in the intertidal zone. Is there a way of legally obtaining Gooseneck barnacles to eat? When I’m way out in the ocean on a boat, I often see floating logs, driftwood and other debris. If it has been floating for a long time, more often than not I will find there are a large number of Gooseneck barnacles attached to the submerged side. Since they are not being taken from the intertidal zone (1,000 feet of shore), would they be legal to take? (Joe K.)

Answer: Yes, if the barnacles are attached to floating logs or driftwood, it would be legal and the limit would be 35 (CCR Title 15, section 29.05(a)). The only problem now is that for much of the debris off our coast that has been in the water long enough to have large numbers of Gooseneck barnacles, there could be health concerns if the wood originated in Fukashima, Japan, due to the possibility of contact with radioactive materials. You’d want to carefully consider how badly you want to harvest those barnacles!


Hunting with a depredation permit
Question: I have several related questions regarding hunting. If I have a pig depredation permit, can I legally carry a firearm and a bow while hunting deer during the archery season? Does the person who helps me with my pig problem need a hunting license? Lastly, is there an expiration date on a depredation permit? (Bill)

Answer: When deer hunting during an archery season, you may not possess a firearm of any kind.

Regarding the pig depredation permit, if you are listed as one of three allowed designated shooters on the permit, you may remove property-damaging wild pigs under conditions listed on the permit. All depredation permits have an expiration date listed on them. Someone “assisting you” with the depredation permit should also be listed as a designated shooter. No hunting license is required for a person authorized under a depredation permit. The person assisting you has to be at least 21 years old and may not have a conviction of wildlife law in the past 12 months.


Bringing a stuffed polar bear mount into California?
Question: A relative of mine owns a stuffed polar bear which is currently located in Idaho at my uncle’s house. I have another elder relative who would like to take it but is not able to drive that far to pick it up so he asked me to do it. However, I am concerned because I’m not sure about the laws and regulations for this kind of thing for simply picking it up in Idaho and bringing it to California. What are the laws and am I able to do this? (Andrew M.)

Answer: So long as you comply with the declaration requirement in Fish and Game Code, section 2353 and have no intent to import or possess the polar bear for commercial purposes, you are not prohibited from transporting it into California. Importations for commercial purposes, possession with intent to sell, and the sale within California of any part of a polar bear is prohibited (Penal Code, section 653o). In addition, the sale, purchase or possession for sale of any bear or bear part in California is prohibited (Fish and Game Code, section 4758).

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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.

Sea Lions Are Eating All My Bait!

The increased abundance of pinnipeds has also resulted in a growing number of negative interactions with humans and incidents of property damage (Photo by Carrie Wilson)

California sea lions and Pacific harbor seals have been federally protected under the Marine Mammal Protection Act since 1972. The increased abundance of pinnipeds has also resulted in a growing number of negative interactions with humans and incidents of property damage (Photo by Carrie Wilson)

Question: Is there anything I can do to deter or discourage sea lions from eating all my crabbing bait? I know that seals and sea lions are protected under the Marine Mammal Protection Act but I’ve heard there are exceptions for recreational fishermen to deter them to prevent damage to private property, including gear and catch. What can I legally do to chase off these seals/sea lions or at least prevent them from chewing up my bait cages and hoop nets? Is it legal to shoot them with paintball guns? (Sam L.)

Answer: California sea lions and Pacific harbor seals have been federally protected under the Marine Mammal Protection Act since 1972, and thus harassing, capturing, killing or attempting to do so is prohibited and carries a hefty fine. According to the National Oceanic and Atmospheric Administration (NOAA), in recent years the populations of these animals have increased dramatically and are now considered healthy and robust.

Unfortunately, with the good often comes the bad – the increased abundance of animals has also resulted in a growing number of negative interactions with humans and incidents of property damage. People seeking legal methods for deterring marine mammals in order to protect their property, fishing gear and catch from damage by sea lions and seals can find recommendations and approved methods on NOAA’s website, http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/deterring_qa.html.


Shooting wrong deer
Question: If you are out hunting and shoot a spike by mistake, what should a person do? What kind of trouble could a hunter get into for that if reported to the California Department of Fish and Wildlife (CDFW)? (Steve C.)

Answer: If you shoot a spike deer by mistake, you should immediately contact your local CDFW office and/or your local wildlife officer to report it and explain what the situation was that caused the mistake. You may still be cited for wrongly harvesting an animal that you are not authorized to take, and if convicted you could lose your deer hunting privileges for the following year in all wildlife violator compact states. If you try to conceal the animal, don’t tag it, take it home or leave it in the field without field dressing it, you may be cited for additional violations that entail higher fines and penalties. And these actions could lead to an extended revocation of your deer hunting privileges in all Wildlife Violator compact states, or may lead to the revocation of all hunting privileges in California and all wildlife violator compact states.


Archery for quail
Question: I am planning on archery hunting for quail this year. Do the same laws from shotgun apply to archery? Does the quail have to be flying before shooting at it? Or if archery hunting, can the quail be standing on the ground or sitting in the trees? (John V.)

Answer: The early archery-only season for quail ended on Sept. 4, but using archery equipment generally allows you to hunt both during the archery-only season (listed under California Code of Regulations Title 14, section 300) and during the general season. Otherwise, the bag and possession limits are the same.

Whether to shoot the birds when flying vs. when they are standing on the ground or roosting in trees is not a legal question but rather an ethical decision that you must make. Under the widely accepted “fair chase” principles that most hunters abide by, shooting upland game birds or waterfowl under conditions other than when they are flying would violate this principal and be considered unethical.


Six months residency requirement
Question: If a taxpayer is considered a California resident for tax purposes and pays about $6000 a year in California income tax, plus California sales tax, but has lived overseas for part of the year, why can’t they purchase a resident fishing license until after they have physically resided in California for six months? Under fishing regs it would be legal to purchase a license in January, leave the country and return in 11 months and the California license is still valid within the same year. What is the point of this rule? (Bob R.)

Answer: While there are many ways the legislature could have defined residency, for purposes of purchasing hunting and fishing licenses, Fish and Game Code section 70 defines a resident as “any person who has resided continuously in the State of California for six months or more immediately prior…” to the date of application for a license or permit. The law also includes specific provisions regarding persons on active duty in the military and persons enrolled in the federal Job Corps. The purpose of this law is to provide criteria to establish residency for the purpose of purchasing hunting and fishing licenses.

According to CDFW License Program Analyst Glenn Underwood, the law does not say that you cannot leave California while you are a resident. However, if you live outside of California, your identification is based outside of California, or you buy resident licenses in another state or country, then you will not be able to purchase a resident California license. Many people attempt to purchase resident licenses in more than one state.

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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.

Fishing With Glitter May Bring More Than Big Fish

CDFW photo by marine biologist Derek Stein

(CDFW Photo by Marine Scientist Derek Stein)

Question: I have been studying up on different methods of spear fishing while free diving and have read about the use of “glitter” as an attractant for bait fish. I have an idea to sprinkle glitter in the water so that when the bait fish come to investigate, the large game fish will follow and be caught as they attack the bait fish!

What are your views and the legal ramifications of this method? I understand chumming is not legal for taking game animals in our state, but the use of artificial lures is. With my idea the game fish would not be chummed by this method but instead just attracted by the collection of bait fish. If this method actually works, would it be legal? (Theodore G., Stockton)

Answer: You have an innovative idea there. Unfortunately, even if your plan to lure unsuspecting fish to you by sprinkling shiny, sparkling glitter in the water were to work, you could be cited for doing so. Placing glitter in the water is littering and is prohibited under Fish and Game Code, section 5652.

The activity you describe would be considered chumming and chumming is defined as “placing any material in the water, other than on a hook while angling, for the purpose of attracting fish to a particular area in order that they may be taken” (California Code of Regulations Title 14, section 1.32). Chumming in the ocean is allowed (as long as the chum is not considered to be litter), but chumming in freshwater is typically not permissible except in specific areas and for certain fish species (see CCR Title14, section 2.40).


Prohibited from retrieving deer from private property
Question: I recently shot a doe with my A31 tag in Los Angeles County (Archery Only-Either Sex). It appeared to be a lethal shot from 22 yards with decent shot placement. I tracked the blood to a privately owned ranch 100 yards away. I stopped tracking it when it appeared she went onto the ranch property. I then approached the ranch manager to get permission to continue tracking my deer. The owner initially agreed but after one of her coworkers talked to her, she retracted her permission (approximately 10 minutes from the time we spoke in her office). She requested that we leave her property at once as she didn’t want people to think they approved of hunting. I didn’t have enough time to locate my deer and left broken-hearted.

I don’t like seeing animals die or suffer for no reason. I would never have shot if I would have known I couldn’t recover her. I believe I did everything legal and correct but it shouldn’t be right that a deer goes to waste because of the bias of a property manager.

Is there anything I could have done to recover my deer? Do I have any rights or is there anyone I could have contacted? I’m still sick over the situation. (Luke G., Loma Linda)

Answer: It’s unfortunate that this happened. Although the law prevents one from wasting the deer, the law does not permit the trespass to retrieve it. Perhaps, if you’d contacted the local game warden, they may have been able to contact the ranch manager or owner for some possible assistance to prevent the deer from going to waste.

According to California Department of Fish and Wildlife (CDFW) Lt. Todd Tognazzini, when archery hunting it is recommended to hunt farther from private property boundaries to avoid this type of problem as deer taken with archery usually travel farther after a lethal wound than those shot with a rifle. Tognazzini says he has never been refused when a fresh and legitimate blood trail is found leaving public land onto private property.


Where does inland end and ocean begin?
Question: I would like to fish with two rods in the Delta but don’t know whether the regulations are in the freshwater books or in the ocean books. Is the Delta part of the ocean regulations or is it considered inland waters? Where does it change from ocean to inland if considered inland? (Brian S., Felton)

Answer: You can legally fish in the waters of the Delta with a second rod stamp. Inland regulations apply from upstream of the Delta to Carquinez Bridge. The definition of inland waters vs ocean waters is, “Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco and San Pablo bays downstream from the Carquinez Bridge, the tidal portions of rivers and streams flowing into San Francisco and San Pablo bays, and the waters of Elkhorn Slough …” (CCR Title 14, section 1.53).

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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.