Tag Archives: deer hunting

Hunting in the Rut?

Mule deer in the rut

Mule deer in the rut

Question: You recently said it’s easier to hunt deer during the rut — where do you get your information? Have you compared the buck kill rates in states that allow deer to be hunted during the rut against the deer harvest in California? The buck-to-doe ratio in California is terrible. I don’t believe the deer kill in California would be any higher than in any states that allow the deer harvest during the rut. It is not that easy to hunt deer in other states during the rut. If that were true the deer kill would be huge in those states, rather than their average yearly take.

Also, why does the California Department of Fish and Wildlife (CDFW) require that those hunters that do not harvest a deer in California must still call in or go online to report a non-harvest? If 260,000 licenses are sold and 50,000 hunters report a successful kill, why do the other 210,000 hunters have to report unsuccessful hunts? You already know simply by the successful hunters reports that the rest of the hunters were unsuccessful. What possible information can you gather by asking the unsuccessful hunters to verify an unsuccessful hunt? It is redundant information. (John M.)

Answer: Bucks in rut are much more vulnerable to all forms of predation — including by humans — because all they are interested in is mating and fighting, nothing else. They don’t even eat during that time period because they are so focused on the other activities. Plus, they are usually concentrated in certain places because rut hunting usually occurs on winter ranges for migratory deer.

According to CDFW Game Program Manager Craig Stowers, the reason we don’t do more is because most California deer hunters would prefer a chance to hunt every year instead of having to wait to be drawn for a buck hunt. Our stats show hunter success numbers for late season hunts are much higher than general season hunts, thus requiring fewer hunters in the field to reach harvest goals. To view all of the harvest reports posted online, please go to www.dfg.ca.gov/wildlife/hunting/deer/deerhunt.html.

It would make sense if the other states you are referring to are whitetail states where they are actively trying to reduce populations. That would explain why they actively hunt in the rut.

We ask the success questions because we need to determine more information than just how many deer are killed. We want to know why people were unsuccessful. For example, if they were unsuccessful because they didn’t even go hunting, we need to delete their information from the harvest results to give a true picture of success — those that don’t even try shouldn’t be included in the calculations. We ask other questions like days spent hunting so we can paint a better picture of the amount of time and money hunters spend — all factors we use to justify the continuation of hunting. It’s not just about figuring out how many deer are killed.


Chopped up carp chum?
Question: Is it legal for me to catch carp and then chop it up to use as chum when I go ocean fishing? (Chris S.)

Answer: Yes, carp can be legally used as chum in ocean waters. In inland waters, chumming is legal in only a few freshwater lakes and streams. For a list of acceptable waters, please check section 2.40 in the Freshwater Sport Fishing Regulations booklet.


Is it illegal to have a trout on a stringer?
Question: I know that trout may not be maintained or possessed in a live condition in any container on or attached to any boat, but is it also illegal to have trout on a stringer? We like to keep our catch on a stringer and the stringer in the water to preserve the meat. We do not attempt to keep trout alive with the intent of changing out the smaller ones. We just enjoy a good fish fry. Thank you for any help. (Stas and Holly A., Buena Park)

Answer: Keeping your fish on a stringer in the water is perfectly fine. The fish cannot swim freely when on a stringer, and this method does help to keep them fresh until you’re ready for your fish fry!


Fishing for sanddabs
Question: When fishing for sanddabs, how many hooks can be attached to the line on a single rod? (Len P.)

Answer: You may fish for sanddabs with as many hooks as you like on a single rod, unless rockfish, lingcod or salmon are on the vessel or in possession, in which case special restrictions apply (California Code of Regulations Title 14, section 28.65).

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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.

Relocating Rescued Rattlesnakes

Rattlesnake (CDFW photo)

Rattlesnake (CDFW photo)

Question: I found and took home a dying Northern Pacific Rattlesnake (Crotalus oreganus oreganus) after it became a victim of a wildfire. It’s now eating great and able to move fluently which is great and a job well done in my eyes. I’ve had it in captivity close to three weeks now. Is it okay to place it back into the wild (away from humans, of course)? (Daniel G.)

Answer: While we appreciate your desire to help injured wildlife, it is illegal for members of the public to rehabilitate wildlife without possessing a wildlife rehabilitation permit.

If you kept the injured rattlesnake near or with other captive reptiles at your house, the snake should not be re-released back into the wild due to the inherent danger of spreading disease into wild populations of rattlesnakes after release.

Wildlife rehabilitation is regulated in California to ensure animals are cared for and housed properly and that their reintroduction into the wild is done very carefully. Wildlife rehabilitators often give pre-release medical exams or observe wildlife patients for an extended period of time to evaluate the health of an animal prior to release. All rehabilitation facilities have a veterinarian of record who help them with medical issues and can help them assess whether an animal is healthy enough for release. Wildlife rehabilitators must return wildlife within three miles of where the animal originated and often work with the department to find suitable release sites.

We encourage you to find a wildlife rehabilitation facility that is willing to take the rattlesnake and go through the proper channels for its release. For a list of permitted wildlife rehab facilities, please go to www.dfg.ca.gov/wildlife/WIL/rehab/facilities.html .


Can cowcod caught in Mexico be imported to U.S. waters?
Question: If we’re fishing in Mexican waters and catch a cowcod, can we legally bring it back into a California port as long as we have all of the proper licenses and the Declaration for Entry form properly filled out? I’d just like to know for sure as we fish Mexican waters frequently targeting rockfish and I’d like to avoid a citation. (Jeff M., San Diego)

Answer: No. Cowcod may not be imported or even possessed in California regardless of where caught (Fish and Game Code, section 2353(a)(2)). Broomtail groupers and canary, yelloweye and bronzespotted rockfishes are also illegal to be possessed or imported into California under this regulation and under California Code of Regulations Title 14, section 28.55(b)(1), even if they were taken legally in Mexico.


Hunting deer over water?
Question: I was having a conversation with my uncle the other day and we were discussing whether it would be legal to hunt over a horse or cattle trough. With the recent drought, I’m worried that the deer in our area aren’t getting sufficient watering holes. I have read the section on baiting in the Big Game Digest, but am under the impression that water is not considered bait. So our main question is, is it legal to hunt over a horse/cattle trough or any other type of man-made pool of water if there are no horses or cattle? (Tony S., Davis)

Answer: Although there are some specific exceptions, it is generally legal to hunt near cattle troughs or other sources of water. Keep in mind that many wild animals like deer will water before or after legal hunting hours.

In addition, it is NOT legal to hunt, camp or otherwise occupy for more than 30 minutes within 200 yards of wildlife watering places on public land within the California Desert Conservation Area, within 200 yards of guzzlers or horizontal wells for wildlife on public land, and within one quarter mile of five wells in Lassen County and one well in Modoc County is prohibited (CCR Title 14, section 730). “Wildlife watering places” are defined as waterholes, springs, seeps and man-made watering devices for wildlife such as guzzlers (self-filling, in-the-ground water storage tanks), horizontal wells and small impoundments of less than one surface acre in size.


Abalone dinner donations?
Question: If a non-profit organization puts on a dinner and only requests donations to attend, can a group of divers legally donate abalone to the organization to be used for the dinner? (Anonymous)

Answer: Yes, but only as long as the dinner is not advertised as being an abalone dinner and as long as paying for the dinner is optional. You may charge for the rental of the facilities, tables, chairs, etc. and charge for the plates, napkins, cups, etc. Abalone (like all sport-caught fish and game) cannot be bought, sold, bartered or traded.

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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.

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.

What Defines Wanton Waste?

Deer poaching (CDFW photo)

Hunters must make reasonable efforts to retrieve edible portions of game birds and game mammals. After an animal is harvested, no portion of the flesh usually eaten by humans can be left, either through carelessness or neglect, to go needlessly to waste. (CDFW photo)

Question: Is there a place in the regulations that talks about what I’ve heard hunters call “want and waste”? Can you point me in the right direction for the regulations if such a regulation even exists? The question comes up because my hunting partners and I often argue about what is and is not considered edible on a deer. Could I get a ticket because I do not eat the lungs or the liver or heart? Some people I know feel the ribs are not even worth eating. What is the definition of waste? I’ve heard someone say 30 percent can be left in the field but I’ve never seen what the regs say about the specifics of what you could possibly get a ticket for not taking home to eat. (Anonymous)

Answer: In California, hunters must make reasonable efforts to retrieve edible portions of game birds and game mammals. After a hunter has harvested an animal, the law requires that no portion of the flesh usually eaten by humans can be left, either through carelessness or neglect, to go needlessly to waste. Harvesting any deer and detaching or removing from the carcass only the head, hide, antlers or horns while leaving edible parts to needlessly go to waste, is deemed to be “wanton waste” and the hunter can be cited (Fish and Game Code, section 4304). The intent of the law is to prevent trophy hunting and to stop people from taking animals just for mounts.


Why are Dungeness crabs in San Francisco Bay protected?
Question: Why it is illegal to keep Dungeness crabs from San Francisco Bay? (Judy K.)

Answer: San Francisco Bay is an important Dungeness crab nursery area, so that’s the reason this area has always been considered off limits to the take of Dungeness crab by both sport and commercial fishermen.


Baited traps to catch bait fish?
Question: Can baited traps, such as a minnow traps, be used to catch surf smelts, anchovies or sardines to use as bait? I will be fishing in Southern California in Orange, Los Angeles or San Diego counties. (Jackson T.)

Answer: No. Baited traps can be used only for the take of shiner surfperch, Pacific staghorn sculpin and longjaw mud suckers in San Francisco and San Pablo bays and their tributaries, and in the open ocean and the contiguous bays of Mendocino, Sonoma and Marin counties. In addition, traps cannot be over three feet in greatest dimension. Any other species taken must be returned to the water immediately (California Code of Regulations Title 14, section 28.80.)


Access rights through public land?
Question: Can someone hunt on a riverbank that is considered public land if the person entered through a legal public access or had been given permission by another property owner up river? Can the property owner down river run me out? (Anonymous)

Answer: If the riverbank is clearly public land and you accessed it legally, the landowner should not run you out. It is not legal for someone to interfere with a legal hunting activity (Fish and Game Code, section 2009.) The neighboring landowner should not run you out either unless you are on his/her land. Keep in mind that riverbanks and the beds of rivers beneath streams and lakes are often deeded to be “land” in California, and thus you may actually be trespassing. In addition, depending on the location, there may be local ordinances that would prohibit you from hunting in these areas. You might also check with the agency that has jurisdiction over the land or look up their regulations to make sure that hunting is allowed on the public land you are using. There is also the concern of game retrieval. While you may be able to access the river section, should the game you take land on private property that you do not have permission to be on, you could find yourself in a situation where you engage in either hunter trespass, or if you fail to retrieve the animal, waste of game. Both of these situations constitute citable offenses.


Picking seaweed
Question: Is it legal to pick seaweed along the Mendocino coast? (Raymond L.)

Answer: Yes. Generally, up to 10 pounds wet weight per day may be harvested per person (with no more than 10 pounds in possession at any time). Exceptions include the following prohibited species: sea palm, eel grass and surf grass. However, there are marine protected areas (MPAs) where the take of all living marine resources are prohibited (e.g. Point Cabrillo State Marine Reserve, Ten Mile State Marine Reserve, etc.), so be sure you are not in a restricted area before harvesting seaweed. For information about MPAs, please visit www.dfg.ca.gov/marine/mpa/.

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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.

Beach Hunting

(CDFW photo by Melanie Parker)

(CDFW photo by Melanie Parker)

Question: I’ve heard deer and elk are occasionally spotted on a beach in a remote area of Northern California. This beach stretches for several miles and I’m planning to hike it beginning from a public access point. During deer and elk season, what are the regulations regarding hunting from the beach? I will have a harvest tag for the appropriate area and know not to shoot over water or within 150 yards of a dwelling. I believe the State of California owns everything from the mean high tide water line out to three miles, so if it were a low tide, and a deer or elk happened to be below the mean high tide line, could I technically take a shot? Although it’s not likely this scenario would occur, I am curious about the legal and ethical nature of this scenario. (Katie H.)

Answer: There are no California Department of Fish and Wildlife (CDFW) laws prohibiting this, but there could be local firearms closures in place. To determine if firearms or archery equipment would be legal to possess and use in the area you’re interested in hunting, you should contact the local sheriff (if an unincorporated area) or the local police department (if an incorporated area) to confirm. Also, these beaches may very likely be managed by either State Parks (where hunting is prohibited) or Bureau of Land Management (who may have restrictions on hunting near trails, camps and beaches). Therefore, you should also contact the local agency having jurisdiction over where you plan to hunt to be sure hunting is authorized there.


Number of fishing rods used in ocean boat?
Question: If we are fishing on a boat in Monterey, how many fishing rods are allowed? If we already have rockcod aboard, do I need to use one rod? Can I use two rods to target lingcod or halibut if we don’t have rockcod? Can I still use a second rod for bait fishing if rockcod are aboard? (Kenual L.)

Answer: Generally, any number of hooks and lines may be used in ocean waters and bays, but there are exceptions involving certain locations and specific species of fish. When pursuing rockfish, lingcod, cabezon, kelp or rock greenlings, or salmon north of Point Conception, or when any of these species are aboard or in possession, only one line with not more than two hooks may be used (California Code of Regulations Title 14, section 28.65(c)). When rockfish are aboard, you may not use a second rod even if for bait fishing. Instead, plan to fish for bait before fishing for these species. Anglers should read section 28.65 on page 46 of the 2013-2014 Ocean Sport Fishing Regulations booklet before fishing with multiple hooks or lines.


Crabbing in Santa Barbara (Refugio Beach)
Question: I’m planning to head to Refugio Beach in Santa Barbara to do some crabbing. What do I need to get to trap crabs in the water about 100 yards out? What traps can I use since I’m not a commercial fisherman? (Robert M.)

Answer: Crab traps are illegal south of Point Arguello (north of Refugio State Beach), so you may not use traps there. However, you can take crabs by hand or hoop net (CCR Title 14, section 29.80). Hoop nets must be serviced every two hours. You will need a sport fishing license (unless you go on a Free Fishing Day www.dfg.ca.gov/licensing/fishing/freefishdays.html), a measuring gauge to measure the crab and hoop net(s). Since lobster season is currently open, if you catch a California spiny lobster, then as long as you have lobster report card in your possession and the lobster meets the size requirements, you can take lobsters by hoop net also. Any spiny lobsters caught outside of the season or that are too short must be immediately returned to the water. Please make sure you’re familiar with all crab (and lobster) fishing regulations before heading to the beach. The 2013-2014 Ocean Sport Fishing Regulation booklet can be found wherever fishing licenses are sold, or online at www.dfg.ca.gov/marine/sportfishing_regs2013.asp.


Methods of crayfish harvesting?
Question: I was wondering if you can harvest crayfish by free diving for them in lakes and streams using only your hands. (Eddie R.)

Answer: Yes. Crayfish may be taken only by hand, hook and line, dip net or with traps not over three feet in greatest dimension (CCR Title 14, section 5.35). Most crayfish have no limit and the season is open all year. However, Shasta crayfish are protected and so there are specific river and lake closures listed for their protection in the 2013-2014 California Freshwater Fishing Regulations booklet (on page 20), as well as online at www.dfg.ca.gov/regulations/. Look for subsection (d) of this section for the closed waters to avoid.

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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.