Tag Archives: firearms

What’s the Level of Wildlife Officers’ Search Authority?

CDFW Wildlife Officers have broad search authority. Hunters and anglers are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife.

CDFW Wildlife Officers have broad search authority. People are required by law to exhibit upon demand all licenses, tags, wildlife, fish, and any device or apparatus designed to be, and capable of being, used to take fish and/or wildlife (CDFW photo)

Question: Do California Department of Fish and Wildlife (CDFW) wardens have the authority to search a sportsperson’s truck, boat, cooler, etc. without a warrant or probable cause? If so, how would an abalone check point (for example) not be a blatant violation of the Fourth Amendment of the constitution? I’m all for stopping poachers, but not at the cost of violating what makes our country so special. Thanks. (John McClellan)

Answer: In the hunting and fishing context, wildlife officers are authorized to conduct compliance inspections that would likely require warrants or probable cause in other contexts. Hunting and fishing are highly regulated activities. The fish and wildlife belong to the people of the state and not to any individual. Many states, including California, recognize this and have enacted statutes to allow Wildlife Officers to conduct regulatory inspections when interacting with those who are engaged in hunting and fishing activities. Some of these include:

• Authorization to inspect boats, buildings other than dwellings, and containers that may contain fish or wildlife (Fish and Game Code, section 1006)

• Authorization to “enter and examine any…place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or to board any fishing boat…or vehicle or receptacle containing fish…and may examine any books and records containing any account of fish caught, bought, canned, packed, stored or sold.” (Fish and Game Code, section 7702)

Also, people are required to exhibit upon the demand of a wildlife officer all licenses, tags, wildlife, and any device or apparatus designed to be, and capable of being, used to take wildlife (Fish and Game Code, section 2012)

The courts have consistently upheld these inspection authorities. As for check points, CDFW has used check points for the past 25 years as a focused and effective means of educating resource users and deterring violations of our wildlife laws. In a state as vast as California with a population of over 38 million people and with a staff of only 400 sworn officers, CDFW needs to ensure that the funds and manpower resources we have are put to the most efficient use possible. Conducting checkpoints allows us to contact thousands of people who are using our public trust resources with a handful of officers. For those who are not using our public trust resources, the check points provide us an opportunity to educate them about our state’s wildlife resources and our role in protecting those resources. The courts have established minimum standards that must be followed when we conduct checkpoints, but just like DUI checkpoints, wildlife checkpoints have been upheld by the courts.


Helping friends fill their deer tags?
Question: If a group of friends go hunting for a week, and one of the hunters tags a buck on the first day, can he continue to carry his loaded rifle with him and help his friends fill their tags? If not, can he only help with spotting and drives without a weapon? (Rod P., Napa)

Answer: Once a hunter takes a deer and fills his tag, he may accompany other hunters but cannot assist them in any way in the take of additional deer. In addition, he should leave his rifle behind. Otherwise, if encountered in the field with a rifle or other method of take, wildlife officers may determine the person assisting the hunters is also actively hunting.


Fishing for rockfish and fishing crab snares simultaneously?
Question: Can a kayak/boat angler use one line to take rockfish and then fish a crab snare with another line? In this case, a hand line tied off to his kayak? (Anonymous)

Answer: The law requires that when fishing for rockfish, only one line with no more than two hooks may be used. However, in this case, an angler may also fish for crabs at the same time with a line that attaches to a crab loop trap because these traps will not likely catch rockfish. If approached by a wildlife officer, the angler should be prepared to explain up front that only one line contains two hooks for rockfish and the other line is attached to a crab loop trap. Remember that crab loop traps are restricted to six loops.


Pelagic red crabs
Question: The pelagic red crabs (tuna crabs) are drifting in with the warm El Niño waters and washing up on beaches everywhere. I’d like to use them for bait. Are there any regulations to be aware of? (Andrew S.)

Answer: The limit is 35 pelagic red crabs per day and 35 in possession. There are no size limits and they may be taken only by hand.

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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.

Bowfishing from a Moving Vehicle?

Bowfishing for carp in Big Bear Lake (Photo courtesy of John Poimiroo)

Bowfishing for carp in Big Bear Lake is one of the methods used by water managers to help control the growing invasive carp population. Big Bear is also a popular lake for bowfishing anglers and carp fishing derbies. (Photo courtesy of John Poimiroo)

Question: I get stopped and questioned by officers fairly often while bowfishing. I have been trying to find out more information about the bowfishing regulations but the freshwater sport fishing guide is unclear to me. Is it legal to bowfish from a moving vehicle, like from the bed of a pickup? Is it legal to bowfish in the California Aqueduct or State Water Project? I was told by an officer that it was not. (Justin F.)

Answer: No arrow or crossbow bolt may be released from a bow or crossbow upon or across any highway, road or other way open to vehicular traffic (California Code of Regulations Title 14, section 354(e)). In addition, no person may nock or fit the notch in the end of an arrow to a bowstring or crossbow string in a ready-to-fire position while in or on any vehicle (CCR Title 14, section 354(i)).

Regarding where and what you may take while bowfishing, “bow and arrow fishing is permitted only for the taking of carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pikeminnow and lamprey, all year, except in:

• Designated salmon spawning areas (Fish and Game Code, section 1505).

• The Colorado River District where only carp, tilapia, goldfish and mullet may be taken.

• The east fork of the Walker River between Bridgeport Dam and the Nevada state line where only carp may be taken” (CCR Title 14, section 2.25).

Bullfrogs may also be taken by bowfishing under some conditions (CCR Title 14, section 5.05).


Hunting on an Indian reservation?
Question: The Colorado River Indian Tribes (CRIT) Reservation is in deer zone D12 along the Colorado River. D12 maps show that all of this land is legal to hunt with a California hunting license and deer tags right up to the Colorado River. Can I legally hunt on CRIT Reservation land because it is within California D12, or should I stay away from reservation land? (Anonymous)

Answer: A person who is not a tribal member and wishes to hunt on the CRIT Reservation would have to comply with both California and tribal law, which requires a hunting license issued by the CRIT in addition to a California hunting license and deer tag. You should contact the CRIT’s Fish and Game Department and consult the CRIT Natural Resources Code for further information about hunting on this Reservation. CRIT contact information and the CRIT Natural Resources Code is available at http://www.crit-nsn.gov/.


Rules on drones in Marine Protected Areas?
Question: What are the rules regarding drones? Specifically, are there any regulations regarding flying drones in Marine Protected Areas (MPAs)? (Jeanée Natov)

Answer: It is a violation to fly any aircraft, including any airplane or helicopter, less than 1,000 feet above water or land over the Año Nuevo State Reserve, the Farallon Islands Game Refuge, the Point Lobos State Reserve, the California Sea Otter Game Refuge, and Anacapa, San Miguel, Santa Barbara and San Nicolas Islands, except for rescue operations, in case of any emergency, or for scientific or filmmaking purposes under a permit issued by the department after a review of potential biological impacts (Fish and Game Code, section 10501.5).

Federal regulators of the FAA and NOAA also restrict the use of drones. Flying motorized aircraft (except valid law enforcement) is prohibited less than 1000 ft. above any of the four zones of the Monterey Bay National Marine Sanctuary which are listed in Appendix B (Code of Federal Regulations Title 15, section 922.132(a)(6)). Individuals should consult the MPA- specific regulations in section 632 of Title 14 for special restrictions for individual MPAs. There may be additional regulations prohibiting disturbance of nesting and rafting birds offshore that are covered under federal law.


Firearm for self defense during archery season?
Question: During an archery hunt, can a member of your group who is a licensed hunter, but does not have a deer tag, be in possession of a firearm strictly for self-defense? I will be archery hunting for the first time this year and I plan to travel into the backcountry on foot. A friend who will be coming with me has always had reservations about traveling in bear/mountain lion habitat unarmed due to some unfortunate run-ins in his past. (Kevin K.)

Answer: If it helps put you at greater ease, dangerous encounters by hunters with bears and lions are extraordinarily rare. As long as the person is not hunting with archery equipment, does not have a tag, and is simply accompanying you, then he may carry a firearm. You must be in a location where it is legal to carry a firearm, and your friend cannot assist in the take in any way.

With limited exceptions for active or retired peace officers, archery hunters may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery-only tag (CCR Title 14, section 354(h)).

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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.

Shouldn’t Wildlife Officers Display Badges?

Anglers fishing along the popular Owens River during the Eastern Sierra Trout Opener weekend (Photo by Carrie Wilson)

Anglers fishing in the popular Owens River Valley during the Eastern Sierra trout opener weekend (Photo by Carrie Wilson)

Question: During the 2015 Eastern Sierra Trout Opener, I was checked three times by California Department of Fish and Wildlife (CDFW) wardens for license and barbless hooks. I was in compliance each time. On the three contacts the wardens were wearing jackets and hats that did not have any CDFW insignias or badges on them. On two occasions the wardens stated that they were wardens and I could see radio and gun holsters sticking out from under their jackets. They did not show me any credentials or badge. On the other contact the warden pulled open his jacket collar and showed me his lieutenant bars.

My question is what citizen rights do I have to ask to see a badge or credential during a contact, and what is the policy of CDFW for displaying and showing proper credentials when making a contact, not just telling me he’s a warden? I understand the need to be “undercover” before making a contact, but once the contact is made I think more than just saying you are a warden would be necessary. After the third contact where the warden showed me lieutenant bars, this lack of identification was getting a little old and I believe unprofessional. I had no way of identifying these wardens by name or badge number. (Michael M.)

Answer: You have every right to ask to see their credentials. As I’m sure you know, the Eastern Sierra Trout Opener is a very popular event that draws tens of thousands of anglers to the area during that weekend, and you were fishing in a high contact area, so it’s not unusual that you were contacted by wildlife officers, even multiple times. And because that area is so open and highly visible, and because people are easily seen from a long distance away, wildlife officers often wear a cover shirt over their uniforms and a fishing hat to better blend in and look like another angler so that they can more easily watch everyone without being immediately detected. Our goal is to encourage compliance even when anglers don’t see a wildlife officer in the area.

However, if you were uncomfortable with the contact(s) because you could not be sure the person really was a wildlife officer, by all means, you have the right to ask them, or any peace officer who is contacting you in a law enforcement capacity, for their identification. That is definitely a reasonable request and the wildlife officer should not mind showing you their credentials upon request.

By the way, I spoke to the wildlife officer who likely contacted you (at least one of the times!). He welcomed your comments and wanted me to encourage you to request to see his credentials next time and he will be happy to show them to you.


Rifle silencers for a hunter with substantial hearing loss?
Question: I have substantial hearing loss and my doctor recommended surgery to correct my problem. The issue is that my hearing will be very sensitive to noise afterwards and so shooting a rifle could actually damage it greatly. I am wondering if, when hunting, can an exception be made to allow me to use a silencer on my rifle? (Carlos)

Answer: Unfortunately, the answer is no. It is a felony to possess silencers, except for law enforcement and military purposes (California Penal Code, section 33410). Your best bet is to wear hearing protection while hunting. There are many choices out there and some actually enhance your ability to hear ambient noise while minimizing any loud noises, such as gunshots. Wildlife officers use this type of hearing protection during firearms training.


Ab in a Cab?
Question: I found a sub-legal abalone shell in the stomach of a legally caught cabezon. Is a small abalone shell like this legal to possess? My wife likes it and I want her to know it’s legal to possess. (Ken K.)

Answer: Yes!


How many fishing rods in possession at one time?
Question: How many fishing rods can be in one’s possession? I have a second rod stamp but want to know if I can carry more than two rods with me? Although I may be on foot fishing from the bank, I see anglers on the bass tourney TV shows fishing while still having several rods on their boats. What advice do you have? (Joe P., Red Bluff)

Answer: The number of rods in your possession is not the issue, it is the number of lines that you have in the water fishing at one time. You may have as many rods as you wish in your possession – just make sure to use only the number allowed for the species of fish or for the particular waters that you’re fishing.

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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.

Is a Fish Caught on Another Angler’s Line Legal to Keep?

(USFWS photo)

(USFWS photo)

Question: I am hoping you can resolve a question that came up in one of our recent fishing club meetings. On a recent trip to Lake Isabella, I caught a very nice rainbow trout (18 inches long!). The way it was caught is the subject of debate within our club. I was fishing on a pontoon boat and when I landed the fish, it wasn’t on my hook. Apparently, the fish had been hooked by someone else previously, and broke off. I don’t know who or when, but when I reeled the fish in it had a couple of feet of the previous fishing line, with a hook and split shot still attached to it. The previous angler’s hook was still hooked into the fish’s mouth. Somehow the split shot and old line became tangled in my tackle. The fish was landed after a brief fight, netted and added to my bag limit. The question is: Is this considered a legally caught fish? We await your response. (Luiz D.)

Answer: No fish may be retained that did not voluntarily take the bait or lure into its mouth (California Code of Regulations Title 14, section 2.00(c)). Although you accidentally snagged the broken off line from a previous angler, you may have saved that fish from an otherwise slow death. If that old line had instead gotten hung up on a rock or bush, preventing the fish from freely moving around, the fish could have died of a lack of gill movement or starvation. Since your fish had taken an angler’s bait or lure into its mouth, it was legal to keep. The intention of angling is that the fish take a hook in its mouth, and this was accomplished.

If you had instead snagged this fish by impaling or attempting to impale it in any part of its body other than the mouth by use of a hook, hooks, gaff, or other mechanical implements, this would have been illegal (CCR Title 14, section 2.00(b)). This does not include the lawful use of a gaff to land the fish.


Which firearms and ammo can be used for night hunting?
Question: I am having trouble finding a specific section related to which firearms you are allowed to hunt with at night. Word of mouth has always been that only rimfire rifles and shotguns may be used at night. I know that in other states you can use a regular centerfire rifle so I am wondering if we can also use them here. If not, are we only allowed rimfire and shotguns? Also, are there any exceptions for mounting a flashlight to a gun? (Taylor F.)

Answer: If you are in an area where night hunting is legal, you may only take nongame mammals and furbearers. Night hunting is restricted to the method of take allowed for these animals (under CCR Title 14, section 475). You are not restricted related to the use of rimfire, centerfire, or shotgun, except you may only use and possess non lead ammunition in the condor zone and while hunting on all state-owned lands.

For regulations on the use of lights, please check the California Mammal Hunting Regulations booklet (CCR Title 14, section 264 on page 18 and Fish and Game Code, section 2005 on page 20).


Why is abalone season closing during July?
Question: Just curious, why is abalone season closed in July? (Ashton H.)

Answer: The July break in abalone season was instituted to help conserve the resource. Originally, a two-month summer closure was proposed for the recreational abalone season, but it was reduced to one month – July – to avoid the possible negative economic impacts on North Coast areas that rely on tourism. Because weather and ocean conditions are usually better in July, and many people take vacations and visit the North Coast at that time, July was chosen as the summer month to give abalone a “break” from the heavy take that occurs during the summer. This measure is to help California’s red abalone population remain a healthy resource.


Where’s the best beach to watch a grunion run?
Question: Where is the best beach to take my son to in Southern California to see the grunion? I realize it’s a bit of a guess but I would really like him to see them. Do you have any educated guesses? (Jeffrey D.H.)

Answer: You are correct that it really is anyone’s guess where grunion will run ashore since just about any sandy beach in Southern California is fair game to the grunion! But, for a list of known grunion beaches, please visit our Amazing Grunion web page at www.dfg.ca.gov/marine/grunion.asp#hunter (look under Best Locations). Best of luck! I hope you and your son are able to see a grunion run!

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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.

Aggressive Deer Gone Rogue in Local Park

Black-tailed does with young fawns can be very protective of them when they perceive threats (even people with dogs on leashes). When this happens, they may act  quickly and aggressively to drive the threat away (Photo by Carrie Wilson)

Black-tailed does with young fawns can be very protective when they perceive threats and may act quickly and aggressively to drive the threat away (Photo by Carrie Wilson)

Question: I had a weird thing happen the other day. I was walking with my dog in a local Monterey park when a doe deer came right up to us. My dog ran out after her and the next thing I knew I heard yelping and looked out to see the doe standing over my 60 lb. dog, kicking it repeatedly. This cannot be normal! Typically, the deer run away from my dog when he chases them. There’s something wrong with this deer. Can you please come get this rogue deer so that it does not threaten other people in our neighborhood? (Spooked in Monterey)

Answer: While this situation may seem unusual, there is probably nothing wrong with this doe. You should be aware that this is fawning season and it sounds like this doe may have had a young fawn or fawns nearby that it was trying to protect. For California black-tailed deer, fawning season runs roughly April through July, and during this time the does can be very protective and will do all they can to defend their young against predators. These deer may view domestic dogs as a threat even if the dog is being walked by the owner on a leash or even in the owner’s backyard. This doe may have viewed your dog as a potential predator and instinctively acted quickly and aggressively to drive it away from the area in order to protect her fawn(s) against this perceived threat. Does that have lost their fear of people may also act aggressively toward humans who wander too close to their fawns. This is a temporary situation and aggressions usually subside once the fawns become more mobile.

Does will hide their fawns in locations away from other does while they go out foraging. This ensures that the fawns imprint on their mothers and not on another doe. In urban or suburban areas, these fawning sites may quite often be in public parks or secluded backyards where plenty of plant life creates protective cover. Once the fawns become strong enough to travel and can keep up with their mother, the doe will lead them back to where she lives. In the interim, it is best for you and other dog owners this time of year to give any deer you encounter a wide berth and keep your dogs on a leash.

In addition, allowing your dog to chase big game constitutes harassment and you may be cited for it (California Code of Regulations, sections 251.1 and 265).


Fishermen and firearms on boats?
Question: We do not have a concealed carry permit but while camping we keep a loaded pistol in our camper for personal protection. We would prefer not to leave it in the camper while we are out on the boat fishing. Is it legal to carry an unloaded firearm (pistol) on a boat while fishing in the ocean? If so, does it have to be in plain sight or can it be kept in a glove box on the boat? (Lisa G., Granite Bay)

Answer: California Penal Code, section 25400 provides: A person is guilty of carrying a concealed firearm when the person does any of the following:

  1. Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
  2. Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person.
  3. Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

However, the above section does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition (California Penal Code, section 25640).

A summary of firearms laws is available online at http://dfg.ca.gov/enforcement/ under Helpful Information on the right margin.


Out-of-state hunter safety cert valid here?
Question: I recently moved to California from Michigan and am wondering if I will be required to take another hunter safety class to be able to hunt here? Also, during archery season, are you able to hunt from a tree stand or an elevated platform? (Noah S.)

Answer: California has no restrictions against using tree stands. And no, you will not need to take another hunter education course as long as you can show proof that you have passed a hunter education class in Michigan or can produce a valid hunting license issued to you within the last two years. If you cannot produce proof of a hunter ed class or a recent hunting license, you will need to complete another course to get your hunting license. Information regarding hunter education courses in your area is available online at www.dfg.ca.gov/huntered/index.aspx.

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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.

Collecting and Returning Tidepool Animals

Sea Stars of the California Coast (CDFW photo)

Sea Stars of the California Coast (CDFW photo)

Question: I have two small daughters that are very much into marine life. I thought it would be exciting for them to catch small critters, fish, etc. and put them into an aquarium at home. I figured they could then return the marine life back to the ocean every few weeks. I looked into this online and it appears that you need to obtain a permit to collect marine life in this fashion. Do you think it is possible for me to obtain the proper permits in order to do this with my kids? If so, do you have any idea how I would go about applying and the general costs? (Charles K.)

Answer: Unfortunately, as nice as this sounds, it is not legal for your daughters to do. Here are three reasons why:

  1. First of all, they cannot transport any finfish from the ocean, period. Moving live finfish from freshwater or ocean waters is illegal.
  1. Second, anything that is not legal to take with a California sport fishing license requires a scientific collecting permit and they wouldn’t qualify for one of these because they are issued only to scientists doing bona fide research or to schools or aquariums where the animals taken will be on display for the public to view.
  1. Third, they can remove invertebrates that are legal to take with a sport fishing license (although if under 16 years old they do not need a license), but nothing can be returned alive to the ocean. If they take them, they need to keep them. This is because there’s always a possibility that fish or invertebrates may have picked up parasites or diseases when kept in private aquariums. We don’t want anything being introduced to fish and invertebrates in the wild.

For the time being, it would be best for your girls to stick with fish and invertebrates that they buy from licensed aquarists or stores that sell aquarium species legally. They can, however, visit most tidepools and enjoy the fish and invertebrates in their natural environments … just don’t take them away from their homes.

Driving on a private road with a loaded gun in the vehicle?
Question:
I know that it is not legal to have a loaded gun in a vehicle when on public roads and in public accessible areas, but what about when on privately owned property where all access is controlled via locked gates? (Scott H.)

Answer: You are correct that it is against the law to carry loaded guns in a vehicle when upon or along a public way (Fish and Game Code, section 2006 and Penal Code 25850). When behind locked gates, however, there are no laws preventing this, although common sense and safety should preclude doing so. Many of the hunting accidents we investigate are caused by people getting into or out of a vehicle with a loaded firearm. Despite this allowance, it is still unlawful to shoot at any game bird or mammal from a motor vehicle, even when on private property (FGC section 3002.)


Cherry picking for the biggest crabs?
Question: I often see Dungeness crab fisherman holding onto crabs in excess of their limit while they continue crabbing. Then after pulling all their pots, they cherry pick the best ones and throw back the extras. Is this legal? Say for example I’m fishing alone and drop three pots. When I retrieve the pots, the first one contains 10 crabs, and I put them all in my fish box. The second pot also has 10 crabs and I also put them all in the box. I pull the last pot, then sort through all the crab and throw back all but the biggest 10 before heading into the harbor. This is how I would prefer to fish but don’t think it would be illegal. Am I correct? (Jesse)

Answer: What you describe is high-grading and is absolutely illegal. Recreational fishermen are limited to 10 Dungeness crabs onboard or in possession. Every crab over the limit that is in the fisherman’s possession, even if just for a short time, could get them cited for possession of an overlimit. Once a limit is in possession, all other crabs must be immediately returned to the water. If the fisherman keeps 10 legal-sized crabs from his first pot, all other crabs in any subsequent pots must be released.

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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.

Blindsided by Fishing Violation

Small California halibut can sometimes be mistaken for other flatfishes (CDFW photo)

Question: While surf fishing for the first time this past November near Santa Monica, my son caught a fish which he thought was a flounder. It was still alive and in a bucket of salt water when a wildlife officer saw it, identified it as a halibut, said it was undersized and released it back into the ocean. We were unaware of species size restrictions so he gave us a handbook. The regulation booklet is a long, dense read to say the least, and complicated unless you fish more actively and are more knowledgeable than we are.

Even though this was a first offense and the fish was still alive, the officer cited my son. He said it would be like a driving violation and we would receive a bail amount notification by mail. That did not happen and now we see that the violation states we must appear this next Wednesday at court in Santa Monica.

When we purchased our licenses nothing was said about regulations or restrictions so we were blindsided by the violation. We had expected to pay a fine but does he need to appear in court? (Craig T.)

Answer: Your son may have a few options. He may call the court at the number listed on the citation to see if the court has a system in place to allow him to “forfeit bail” (pay the fine). He may also be able to look at the court’s website and determine if the court allows for fines to be paid online. He may choose to appear in court and explain his circumstances to the judge. Judges have discretion in these matters and can assess the full fine, reduce or suspend the fine or dismiss the charge altogether. If the court is not set up for either of those first two options, or your son wishes to speak to a judge, he needs to appear in court at the date and time listed on the citation.

We commend you and your son for taking up fishing as a new hobby and despite your unfortunate identification mistake, we hope you will continue. As with any new angler, we recommend you keep a copy of applicable California Sport Fishing Regulations with you while fishing, and perhaps an identification guide that is available in many bait shops or online to assist with learning proper fish ID and the regulations. We recommend the same for new hunters, too.


Donating fish for trip tax write off?
Question: You provided an answer to a question a while back about donating sport caught fish. I know people that go on long range boats out of Southern California often donate their fish when they return to port and get a receipt they can use for a tax deduction. I’m not exactly sure how it works, but I think it’s something like they can deduct the costs incurred in catching the fish they donate, not a deduction for the market value of the fish. The answer to that question could really impact the decisions of long range fishermen on how they deal with their catch, so it might not be a bad idea to look into that question a little further to see if any clarification is needed. I sent a copy of your email to my accountant who also handles the accounts of a lot of Southern California boats to see if he has any input. If I get a response, I’ll let you know. I think it’s worth checking into for sure. (Sherry I.)

Answer: You are correct that sport caught fish may be donated but no monetary value may be placed on sport caught fish. It would violate Fish and Game Code, section 7121. As far as claiming any other tax benefits, you are on the right track in asking an accountant as those decisions would need to be made by the IRS and Franchise Tax Board.


What shotgun capacity for big game, turkeys and waterfowl?
Question: When hunting black bears, pigs, turkeys and waterfowl, what shotgun capacity can I use? (Daniel K.)

Answer: Shotguns capable of holding not more than three shells may be used to take all of the species you mention. For more information, please see sections 311 and 353 in the Hunting Regulations book or look online at http://www.wildlife.ca.gov/Regulations.


Sturgeon sex change?
Question: Someone told me that when a sturgeon reaches a certain size, it will become a female. Is this true? (Chi L.)

Answer: No, not true.

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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.