Tag Archives: deer hunting

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.

Releasing Pet Ducks to the Wild?

It is not legal to release pet ducks into the wild (USFWS photo)

Releasing domestic animals to the wild is not only illegal, but most are not prepared to take care of themselves in the wild. Our pets are usually dependent upon humans for food and protection, so when released to the wild to fend for themselves, many will end up starving to death or falling prey to any number of predators. (USFWS photo)

Question: I have some ducks that I would like to find a good home for but I’m not sure where to start. They have been pets and I don’t want to eat them or risk giving them to someone else who will eat them. I’d like to release them into the wild and am hoping you can advise where I can do this. I’m willing to donate them someplace as long as I know they won’t get eaten. (Mike)

Answer: I understand you are seeking a good home for your pets, but releasing domestic animals into the wild is a bad plan and often has disastrous results. Typically, domestic animals depend on humans for food and are ill-equipped to take care of themselves in the wild. When released to the wild, many end up starving to death or falling prey to any number of predators.

If the animals do survive, they often become a nuisance in their new home and may cause damage because they tend to seek out people for food. Domestic animals also compete for resources with wildlife, and in some cases may breed with their wild counterparts which reduces the genetic fitness of wildlife populations. There is also a real possibility of introducing domestic diseases to wildlife that have no immunity. This may cause die-offs, sometimes quite massive ones. In addition to all of this, it is also against the law. Any person who willfully abandons an animal is guilty of a misdemeanor under California Penal Code, section 597s.

You might try posting a notice at a local farm or agricultural store because many of these stores regularly sell domestic ducklings. You could also search for petting zoos or small city zoos to see if they may be interested in giving them a good home. If that doesn’t work out, try advertising on the Internet. You might also check with local schools and ask friends.

Bottom line … you have a number of options to explore in your quest to find a new home for your feathered friends, but releasing them into the wild should not be one of the them.


Selling abalone jewelry
Question: I’ve recently been to a few beaches where I’ve found red abalone shells that have washed up on the shore. I’ve collected a few shell fragments and have made jewelry from them. Friends of mine have shown the items to others and now they want me to make them items as well. My questions is … Is it illegal for me to collect red abalone shells and then make jewelry, then sell them to friends, and so forth? I’ve gotten mixed answers from the Web and have tried to navigate your Website. I have seen no definitive answer. If anyone could respond to this it would be great. (Matt R.)

Answer: You may give the shells away or use them for personal use, but shells collected under the authority of sport fishing license cannot be legally bought, sold, traded or bartered.

People often ask what they can do with their old abalone shells. We get requests for shells from Native American tribes who use them for ceremonial purposes. Shells can be donated directly to a Native American Tribe, or they can be given to the California Department of Fish and Wildlife (CDFW) and we will distribute them to Native Americans when we get requests.


Deer decoys
Question: I know that baiting for big game is illegal in California, but what about using deer decoys to attract deer to a certain location when deer hunting? (Matt W.)

Answer: Yes, decoys are legal to use while deer hunting in California. However, decoys that employ any recorded or electrically amplified bird or mammal call or sound is illegal to use for big game.


Transporting smoked/canned fish
Question: We have a vacation house on the North Coast where we spend a lot of time ocean fishing and enjoy smoking and/or canning our fish. How can we legally transport this processed fish back to our home in the valley? (Jim S., Redding)

Answer: As long as you possess only the legal limit and the fish were taken legally, transporting these fish as smoked or canned is not a problem. Regardless of whether they are fresh, frozen, or otherwise preserved, no more than one possession limit may be possessed by any one person (CCR Title 14, section 1.17).

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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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What to Do When Deer Tag is Lost in the Field?

Hunters in the field must carry valid licenses and tags (Photo courtesy of National Shooting Sports Foundation)

When a hunter in the field discovers they have lost their license and/or tag, they should unload their rifle and immediately leave the field (Photo courtesy of National Shooting Sports Foundation)

Question: When hunting, a valid hunting license and a valid deer tag for the specific zone is required to be in the immediate possession of the hunter (Fish and Game Code, section § 4336).

What happens if while in the field hunting, the hunter becomes aware that his or her hunting license and/or deer tag have been lost? What is the proper way to exit the field without risk of receiving a citation for failing to carry the hunting license and/or valid deer tag?

What can or should be done if the hunter, after dispatching a deer, discovers his/her valid deer tag is missing?

In these hypothetical situations I am assuming the hunter could prove that a hunting license and deer tag were purchased because the California Department of Fish and Wildlife (CDFW) track all license and tag information through its unique GO ID number system. (George C.)

Answer: As soon as you realize you have lost your license and/or tag, you should unload your rifle and immediately leave the field.Wife&Husband deer hunting_NSSF_sm

While we can go back and check the computer database to see if you have purchased a hunting license and the appropriate deer tag, the law requires that the license and tag be in your possession so that the warden can confirm you are licensed without stopping to call in to the system (which is not always accessible from the field). Some poachers use this excuse to avoid filling out their tag, so a warden might start asking you a lot of questions. If you didn’t discover that your license and tag were missing until you went to tag your deer, you’re in a tough situation.  Do your best to document that you took the deer, and intended to report it. You are still in violation of the law, since you have the deer and have not tagged it, but there are some steps you can take to show that you did everything in your power to try to fix it.

Once you have cell phone service, call your local CDFW office or CalTIP and tell them what happened. Stop at the first place you can to have someone that can countersign tags look at it, and ask them for their name and contact information.  If you haven’t already made contact with a warden, continue to try to do so, and if there’s a local CDFW office and it’s open, give them a call and see if you can go there. You will need to buy a duplicate tag and get the tag completed as quickly as possible. Sometimes it is hard to tell our hunters from our poachers, so in a situation like this, do the best you can to show the warden you’re acting in good faith, and our wardens always try to do the same.

It is incumbent upon the hunter to have all licenses and documents with them before going out into the field, not after pulling the trigger.


Restaurant is illegally purchasing fish
Question: I work in a restaurant that continually sells fish that have been given to the chef by local spear fishermen. Is this illegal and should it be reported? (Jeff, Anaheim)

Answer: Both the chef and the local spear fishermen are in violation of Fish and Game laws and can be cited for buying and selling sport caught fish. Fish caught via a sport fishing license may not be bought, sold, traded or bartered (FGC, section 7121). Commercial fishermen are only allowed to fish in certain areas, because some areas are polluted, and also to protect the fish populations. Even if the local spear fishermen did have commercial fishing licenses, they would all still be in violation as a spear is not a legal method of take for commercial fishing.

I suggest you contact CalTIP at our toll-free number of (888) 334-CalTIP or (888) 334-2258). You can do so 24 hours a day, 7 days a week. You may remain anonymous and may even collect a reward if your tip results in a conviction.


Selling African wildlife?
Question: Is it lawful to sell a taxidermied African lion in California?

Answer: African lions are not regulated under California law, but you should contact the U.S. Fish and Wildlife Service to determine if there are any federal restrictions on trade in African lions.


Second rod stamp required for youth?
Question: My son is 11 years old. When I take him fishing at the lake and he fishes from shore, can he fish with two rods or must he stick with one rod only? (H. Tran)

Answer: Your son can fish with two rods. However, once he turns 16 he will need a fishing license and a second rod stamp in order to fish with two rods.

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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.