Tag Archives: deer hunting

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.

Can a Pet Store Rescue and Rehome a Garter Snake?

Garter snake (Photo courtesy of CDPW by David Hannigan)

Garter snake (Photo courtesy of CDPW by David Hannigan)

Question: We own a pet store in Northern California and also help to rescue animals and then place them in suitable homes. A client recently asked us to help rescue a 12-year-old garter snake and then adopt it out back to a good home. My questions are, is it even legal for us to possess a garter snake within our shop? Next, if we are able to possess it in our shop, can we charge our standard adoption fees to a new owner for our services in order to help place this snake in a new home? (Anonymous)

Answer: If the garter snake is native to California, then it is not legal to sell or even possess within the pet store. According to California Department of Fish and Wildlife (CDFW) Wildlife Officer Kyle Chang, it would also not be legal to charge a fee to rehome the garter snake since they are not on the list of snakes that are legal to “sell” in California, and “sell” includes possession for sale, barter, exchange or trade. Pet shops can only sell snakes under certain conditions. It’s also not legal for anyone to release the snake back into the wild. (California Code of Regulations Title 14, sections 40(c), 40(e), 43(c), 43(c)(1), 43(f)(2) and Fish and Game Code section 75 all apply to this answer.)

If, however, the garter snake is non-native to California, then CDFW regulations do not apply (except for the illegal release of the garter snake into the wild), but all other state, county and city laws relating to the pet trade may still apply.


Possession limits after multiple days of fishing?
Question: Can you discuss ocean fish possession limits? I often see people coming to our area to fish for several days in a row and they take a limit every day without eating or gifting any of the fish to someone else. On day three, when they depart from the ocean, they have three limits of rockfish in a cooler. It’s not right. Most folks do not know or understand that the daily bag limit is also the possession limit for most fish. Just a thought to help educate. Thanks! (Ryan H., San Luis Obispo)

Answer: You are correct. Regardless of how many days someone ocean fishes, they must abide by both daily bag limits and overall possession limits. In most cases, bag limits and possession limits are the same, so at no time can someone possess more than one daily bag limit. In order to fish again once a daily bag limit is reached, the angler must wait until the next calendar day, and unless a higher possession limit is specifically authorized, the angler must either eat or gift their fish to someone else before taking more. At no time can anyone be in possession of more than one bag/possession limit.


Maximum lobster hoops?
Question: I know the maximum number of hoop nets that can be fished from a boat is 10. We take a couple of multi-day trips every year and invariably lose one or two during the trip. My question is can we carry a couple of spares on the boat to replace any we lose? (Larry H.)

Answer: Unfortunately, you may not. No more than 10 hoop nets may be possessed on a vessel (CCR Title14, section 29.80(b)).


What’s meant by the nearest landmark?
Question: I will be hunting for deer and bear this year and noticed on the tags where it asks for the distance and direction from the nearest landmark. What does that mean by the nearest landmark? I am also unsure as to just what kind of landmark they are asking for. Can you please clarify this for me? (Dan B.)

Answer: Harvest data, including the location where an animal is taken, is an important component of wildlife management. The geographic location helps biologists obtain specific location information so the more accurate you can be with distinguishing landmarks, the more helpful it is to managing our wildlife. There are many acceptable locations found on any map for your planned hunt area. Please just provide distance and direction to the nearest mountain, creek, river, city, town, campground or other landmark.

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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.

Diving for Abalone with Knives and Spear Guns

Red abalone feeding on kelp at San Miguel Island (CDFW photo by Derek Stein)

Red abalone feeding on kelp at San Miguel Island (CDFW photo by Derek Stein)

Question: I plan to head to the coast to try some abalone diving next weekend but need to clarify a few of the abalone regulations before I make the trip. First, I will take all abalone with a legal ab iron but want to also carry a knife. Would this be a problem?

Second, if my buddy and I want to spearfish and take abs on the same day, can we carry our guns while taking the abs or do we have to make separate trips to and from the car?

Finally, if our abs are separated into individual bags (one for mine and one for his), can both bags be clipped onto a single float tube while we finish spear fishing or would that violate the separate possession regulation? Thanks! (Andrew M.)

Answer: You are allowed to carry a knife while diving for abalone but you may not use a knife in place of an abalone iron for taking abalone. The main reason for this rule is because abalone are hemophiliacs, and even the slightest cut to the foot when attempting to remove them from the rocks may cause them to bleed to death. This is a problem especially for abalone short of the legal size limit that must be released. Abalone irons are designed with rounded corners and wider and thicker bases to prevent injuries.

As far as spear guns, you are allowed to carry one while abalone diving (unlike when diving for spiny lobster where this is not legal). Each person’s abalone must be kept in separate identifiable bags, but the bags can both be clipped to the same tube.


Fishing on CSU campuses?
Question: While fishing on a reservoir located on the Cal Poly SLO campus recently, a Cal Poly professor approached us and asked us to leave. This reservoir receives water flow from Lake Santa Margarita where the California Department of Fish and Wildlife (CDFW) stocks the fishery. The reservoir isn’t listed as a regulated fishery with special conditions. I believe it is public land, and licensed California anglers have a right to fish there. The professor disagrees. Who’s right? (Brian H., San Luis Obispo)

Answer: Fishing access to reservoirs is generally controlled by the person or entity that owns the land on which the reservoir is located. According to local CDFW Patrol Lieutenant Todd Tognazzini, Cal Poly may be conducting studies or engaging in other activities on the reservoir that are inconsistent with fishing. The best thing to do is check with the Cal Poly Police Department for clarification. They can probably provide you a current law they would enforce related to fishing there.


Archery during rifle season?
Question: I hunt archery exclusively, though sometimes I am not able to fill my tag. If I don’t fill my tag during the archery season, can I still use my archery tag and hunt during the rifle season? (Jonathan E.)

Answer: It depends upon what type of tag you have. If you have an archery only (AO) tag or a premium archery tag, then it may only be used for archery take. If you have a general zone tag, it may be used with archery equipment during the early archery season, and then with all legal big game methods such as a rifle, crossbow or archery during the later general season.


Gaffing salmon?
Question: Is it legal to use a gaff to land salmon? On a fishing web site I follow, some guys are recommending using a gaff if the net is busy and two fish need to be landed at the same time. I can’t find the section in the saltwater regulation book to answer my question. Can you help? I’m just trying to stay legal. (Ralph C.)

Answer: In ocean waters, gaffs may only be used to land salmon that are of legal size. If a fish is short and a gaff is used, the angler is in violation (CCR Title 14, section 28.65(d)). In inland waters, only anglers fishing from a boat in the Sacramento River main stem below Deschutes Road Bridge can use a gaff (measuring three feet or less) to land legal-sized fish (CCR Title 14, section 2.06). It’s best to release any short salmon as close to the water as possible to give them the best chance for survival.

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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.

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Collecting Marine Invertebrates for a Home Aquarium?

Octopus with shrimp peering out from inside a reef at Anacapa Island (CDFW photo by Derek Stein)

Octopus with shrimp peering out from inside a reef at Anacapa Island (CDFW photo by Derek Stein)

Question: What are the explicit regulations concerning the collection of live marine organisms for use in a personal marine aquarium? I am interested in collecting octopus. From what I understand, live fish are not to be taken under any circumstances. But it seems that some other organisms are allowed as long as they do not come from a protected area. I am a marine biology student who wants to have a simple native “tide pool type” of aquarium for my own personal delight. I do have a California sport fishing license. (Cristiana A.)

Answer: Octopus may be collected for a home aquarium and transported live under the authority of a sport fishing license as long as they are exclusively for that person’s personal aquarium display. Maintaining live sport-taken octopus in a home aquarium is not considered public “display” and thus does not fall under the provisions of the marine aquaria pet trade (Fish and Game Code, sections 8596-8597). Transporting live “finfish” (as opposed to mollusks and crustaceans) is prohibited (California Code of Regulations Title 14, section 1.62).

Invertebrates collected under the authority of a sport fishing license may not be used to establish breeding colonies for sale or trade with other people. Any trading, selling or possession for sale or trade of these animals constitutes commercial marine aquaria pet trade activity and requires all parties to hold “marine aquaria collectors permits” authorizing this practice. A marine collector’s permit is also required for any animals on display for the public.

People collecting live marine invertebrates for a home aquarium may do so only under the authority of a sport fishing license, and only those species allowed under a sport fishing license may be taken. In addition, any species with sport fishing restrictions (e.g. bag, size, possession, season limits, methods of take, etc.) are still covered under those regulations, and so collectors must also abide by these laws.


Number of rods to land last fish?
Question: When legally fishing with two rods and you are one fish shy of your limit, can you still fish with two rods or do you need to cut back to just one for the final fish to fill your limit? (Neil M.)

Answer: You can keep using both rods until you get your limit.


Are premium deer tags becoming unrestricted?
Question: I have a question about premium deer tags. When reading the California Department of Fish and Wildlife (CDFW) definition of what determines if a tag is premium, it is very clear and I understand it. What I have not found is information that clarifies the procedure for a premium tag becoming unrestricted. If a tag is premium and the quota does not fill on or before the first business day after July 1, does it become an unrestricted tag the following year? That would make sense, however, when I look back at the drawing statistics in past years I have noticed it is not always what happens. As an example, A22 was a premium tag from 2003 through 2008 even though most of the 1000 tags were left over each of those years. In 2009 it went back to unrestricted. This year A22 and A31 were premium and did not fill in the drawing. Will they still be premium next year? (Steve B.)

Answer: Under the current regulations:

  • A Premium Deer Hunt is any hunt where the quota filled on or before the first business day after July 1, of the previous year.
  • A Restricted Deer Hunt is any hunt that filled on or before the first business day after August 1 of the previous year.
  • An Unrestricted Deer Hunt is any hunt that did not fill on or before the first business day after August 1, in the previous year.

The examples you provided occurred before the current regulations were adopted. The tag classification regulations that we have now where adopted in the 2009 big game drawing season.

This year, the deer tag quotas for A22 and A31 both filled on July 2, which is the first business day after July 1, so A22 and A31 will remain premium tags next year. The date in which a deer tag fills is the determining factor of which classification a tag is listed under, not whether the tag quota fills in the drawing or not. With this in mind, hunters need to pay close attention to which classification their tags are listed in each license year.

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.