Tag Archives: dog training

Shipping Abalone Out of State

 

Red abalone can be shipped out of state only certain conditions. (© Derek Stein)

Red abalone may be shipped to people out of state, but only certain conditions. (© Derek Stein)

Question: I read your answer to a recent question regarding whether trout can be shipped across state lines, and you said the answer was no. Are there similar restrictions on shipping abalone to friends in other states? Thanks. (Kelly K.)

Answer: The possession limit for abalone is three, so you may not ship more than three abalone at any time. Neither the shipper nor the recipient may possess more than the legal limit at any given time. You also may not offer for transportation by common carrier more than one bag limit at a time, and the common carrier transporting the abalone may not legally receive for transportation more than the bag limit during any interval of time (CCR Title 14, Section 29.15).

The abalone must be shipped whole, in the shell, with the tags still attached. Abalone can only be legally removed from the shell once they are being prepared for immediate consumption. Abalone may not be shipped by parcel post.

Keep in mind that to send or give abalone to an out-of-state person, you must also abide by the importation laws of the state where the abalone will be going.  Different states may have different importation regulations that prohibit or restrict such shipments. Check with the authorities of the state where you’d like to ship for their requirements before trying to do so.


Bow Fishing in Local Lakes?
Question:
I bought all the bow fishing tackle to start bow fishing and went out to a local lake where I have seen a lot of carp. When I was putting my boat in, a park ranger stopped me and said bow fishing was illegal in our county. Is this correct? I did not see anything in the Department of Fish and Game (DFG) regulations book pertaining to this. (Shawn C.)

Answer: While DFG does not prohibit bow fishing in certain waters, some local jurisdictions do not allow it because the gear can be considered a weapon, raising public safety concerns. Local regulations may also prohibit bow fishing from public piers in the ocean. Bow and arrow fishing tackle is also authorized only for certain species and in certain areas of DFG regulations (CCR Title 14, Section 2.25).


Loaded Guns on Private Property Behind Locked Gates?
Question:
When hunting on private property that is located behind locked gates from the nearest public road, can hunters be cited for having a loaded rifle (unexpended cartridge in chamber) in a vehicle? While I always remove the cartridge from the chamber of my rifle when I get in my vehicle for safety reasons, I thought from a legal perspective a loaded gun in a vehicle was unlawful only when “on or along a highway, or other way open to the public” as specified in Section 2006 of the California Fish and Game Code. I don’t plan to change my habits of unloading a cartridge from the chamber when I get into a vehicle, but want to make sure I am reading the code properly. Thanks. (Christian K.)

Answer: You can legally have a loaded gun in a vehicle as long as you are on private property behind locked gates with no public access. For obvious reasons, though, this practice is strongly discouraged due to safety concerns. Many hunter accidents have occurred due to loaded firearms in vehicles. And remember, despite the provision here allowing for a loaded gun, you are still not allowed to take an animal by discharging the firearm from a vehicle — even if you are on private property.


Deer Hunting with a Dog?
Question:
I know it’s not legal to use a dog during the archery seasons for deer and bear, but what about taking my dog out after archery deer season is closed? I have a lab that is a little gun shy and isn’t much into hunting, but I do like to take him with me into the outdoors. He isn’t a deer hunter of any sort and more than likely will hinder my ability to get one, but I’d still like to take him deer hunting with me. May I legally take him along as a companion? Thanks. (Andrew H.)

Answer: You are correct that you may not have a dog in the field with you during archery season for deer and bear, but after the season closes you may take him with you. According to retired DFG Capt. Phil Nelms, the use of dogs for the pursuit or take of mammals or for dog training purposes is prohibited from the first Saturday in April through the day preceding the opening of the general deer season in many dog control zones throughout the state. During the general deer season, one dog per hunter is allowed in the field. (CCR T14, Section 265).

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. She cannot personally answer everyone’s questions but will select a few to answer in this column each week. Please contact her at CalOutdoors@dfg.ca.gov.

Everyone Fishing Aboard Partyboats May Be Cited

Partyboat fishing allows for boat limits but also makes everyone responsible. (DFG photo by Ed Roberts)

Partyboat fishing allows for boat limits but also makes everyone responsible. (DFG photo by Ed Roberts)

Question: If we are on a party boat with 30 other people and one of the anglers catches and keeps an undersized lingcod or an overlimit of fish, can the captain be charged with the same violation? In other words, is the captain responsible for what people on his boat keep? (Matt N.)

Answer: Boat limits allow all passengers on the boat to fish past their individual allowable bag limits to fill the overall boat quota. The rationale is that this provides the opportunity for all passengers to go home with fish. But the flip side is that boat limits also make all passengers and crew responsible for the actions of each person on the boat.

Under the ocean boat limit regulations, everybody on the vessel may be cited for the short fish. This includes party boats where all passengers as well as the captain and crew may be responsible for the violations of just one person. The following two sections apply:

“All persons aboard a vessel may be cited where violations involving boat limits are found, including, but not limited to: (a) Over limits, (b) Possession of prohibited species, (c) Violation of size limits, and (d) Fish taken out of season or in closed areas.” (CCR Title 14, Section 27.60[3])

“For the vessel operator(s) and crew, they may be cited for violations occurring aboard the vessel, including but not limited to violations of: (a) Over limits, (b) Possession of prohibited species, (c) Violation of size limits, and (d) Fish taken out of season or in closed areas.” (CCR Title 14, Section 195[f]).

If the culprits can be easily identified, then they may be the only ones cited. But  it’s in everyone’s best interest to be sure that all passengers are abiding by the fishing regulations since everyone may pay the price for the mistake or poor judgment of just one person.


Shooting Your Animal at Dusk on the Last Day of the Season
Question:
You recently answered a question about shooting your animal at dusk and then retrieving it after shooting hours. What if you shoot an animal on the last day of the season in the last hour of daylight and can’t find it? You’d need to get up the next morning and continue searching until you find the animal, and it is either dead or not. Can you legally finish it off (if necessary) and field dress it and take the animal in for validation of the tag, then go home or to the butcher? (Russ W.)

Answer: It is the same answer as before. No “take” is allowed after shooting hours and/or season closure. You may also be subject to prosecution for wasting game if you have to leave it in the field. You need to plan your hunt to allow time for finding your animal before sundown.

Hunting requires a hunter to use good judgment and to follow all the rules. Sometimes situations can lead to illegal activity. If you have done everything you can to follow the rules and find yourself in a situation you described, it may be best to contact the local game warden and discuss the situation so you are not cited for an illegal activity while attempting to recover game you do not want to go to waste. (See related question and answer from July 23, 2009 at http://www.dfg.ca.gov/QandA/2009/20090723.asp).


Training My Upland Bird Dog
Question:
I am about to begin the challenging task of training my own upland bird dog. What are the rules about using live pigeons, including shooting them over the dogs when the time comes? Also, I would like to know the rules regarding the use of bobwhite or other quail species in the training program, including the use of quail recall pens on private or public land. (William K., Pomona)

Answer: As long as no wild birds are captured, injured or killed during the dog training, you may train your dogs to retrieve, point or flush game birds. You may also train for, or participate in, field events or similar events related to these activities at any time of year from sunrise to sunset as long as no wild birds are captured, injured or killed.

Bobwhite and coturnix quail, domestic pigeons and domestically reared game birds (pheasants [Phasianus colchicus], including all ring-necked pheasant races, chukar, Hungarian partridge and captive-reared mallard ducks) may only be released and/or taken for dog training or organizational field trials under the provisions of CCR Title 14, Section 677[b][1] through [b][50].

Dogs cannot be trained on or otherwise be allowed to pursue any birds that have special protection under California or federal law, including but not limited to fully protected birds (FGC Section 3511) and endangered, threatened or candidate species (FGC Section 670.5 and Code of Federal Regulations, Title 50, Section 17.11).

California hunting licenses are required for each person taking domestically reared game birds, and each person (except holders of junior hunting licenses) taking Hungarian partridge, ring-necked pheasant and chukar must possess a valid Upland Game Bird Stamp.

Anyone who plans to plant birds is required to notify the DFG office in the region where the birds will be released and/or taken at least three business days prior to the activity.

Be aware that there are a lot of strict regulations and requirements involved with this activity, so before getting started I suggest you thoroughly review the regulations (CCR Title 14, Section 677: Dog Training and Field Trials).

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. She cannot personally answer everyone’s questions but  will select a few to answer in this column each week. Please contact her at CalOutdoors@dfg.ca.gov.

Aerial Fish Planting in High Elevation Lakes

(Photo: DFG file photo)
Most trout planting in high elevation lakes is done by airplane when the fish are still very small and the fall from the airplane will cause them no harm.

Question: I was wondering how Fish and Game plants fish in high elevation lakes and ponds in the Tahoe National Forest, where you can only reach them by hiking? (Bradley G.)

Answer: The Department of Fish and Game (DFG) uses a variety of methods to release fish into waters designated for receiving fish. In high-mountain waters that our planting trucks cannot reach, approximately 95 percent of the fish are planted by air. We also transport fish for planting by horse, mule and backpack.

DFG is very selective in planting high mountain lakes. Lakes that are planted do not receive plants every year. According to Dr. William Cox, DFG Program Manager for Fish Production and Distribution, that is not necessary because the fish grow very slowly and the successive year plants would not produce fish with notable size differences. Usually they are planted every second or third year.

At lower elevations most planting is done by trucking fish to designated sites.


Is There a Limit on How Much a Child Angler Can Catch?
Question:
If I have a youngster on my vessel, is the child allowed to catch the same full limit as a licensed angler? I’ve been reading reports about some fishing trips where everyone takes a limit of lobster including limits for small children aboard the vessel. Thanks. (Steve M.)

Answer: Yes, unlicensed anglers under the age of 16 with a lobster report card can catch and keep a limit of lobsters for themselves. However, youngsters must be actively involved in the fishing operation and take their own lobsters. The same goes for fishing. You can bet a game warden will question how a toddler or infant took a limit of lobsters or fish.


Importing Snakes from Mexico to the U.S.
Question:
I am a snake enthusiast who will soon be taking a collecting trip through the southern states and Mexico to collect snakes found outside of California. Where do I go to find a list of importable snakes versus banned ones? What is the process for legally bringing in a non-native snake or subspecies not found here? Thank you. (Seth D.)

Answer: Any reptile species brought into the United States from Mexico requires Mexico permits and a United States Fish and Wildlife Service import license. According to Game Warden Kyle Chang, you cannot bring any species into California from other states or Mexico that are listed as being endangered or threatened species (FGC 2080). Lists of prohibited reptile species can be found in the Fish and Game Code (FGC 2118) and the Title 14 California Code of Regulations (T-14 CCR 671).

Almost all venomous reptiles are prohibited in California. Reptiles may only be imported into California as long as:

1. They were legally taken and possessed outside of this state.
2. There are no regulations prohibiting their possession in California, and
3. A “Declaration for Entry of Fish and Game” form is submitted to the DFG or designated agency at or immediately before the time of entry (FGC 2353[a]).

These are the regulations just for importing reptiles into California. If you plan to take, transport through or import reptiles into other states, please check those states for their regulations.


Training Hunting Dogs and the Use of Tracking Collars
Question:
I am training hunting dogs for bear and pig hunting and need to buy new tracking collars. I’ve always used these old radio frequency collars but see that GPS collars are now available and cheaper to buy. One of the guys I hunt with said he thinks they are illegal. Is that true? (Marty H., Turlock)

Answer: Yes. GPS (global positioning system) collars and collars with treeing switches are prohibited when using dogs for the pursuit and take of mammals or for dog training (CCR Title 14 Section 265). GPS retrieval collars employ electronics that utilize satellite transmissions. Collars with treeing switches utilize a mercury switch mechanism that changes the collars’ signal transmission when the dog raises its head toward a treed animal.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.