Tag Archives: fishing

All That Glitters Is Not Legal

Posted on September 1, 2011 | Leave a comment

(Photo by DFG Marine Biologist Derek Stein)

Question: I have been studying up on different methods of spear fishing while free diving and have read about the use of “glitter” as an attractant for bait fish. I have an idea to sprinkle glitter in the water so that when the bait fish come to investigate, the large game fish will follow and be caught as they attack the bait fish!

What are your views and the legal ramifications of this method? I understand chumming is not legal for taking game animals in our state, but the use of artificial lures is. With my idea the game fish would not be chummed by this method but instead just attracted by the collection of bait fish. If this method actually works, would it be legal?  (Theodore G., Stockton)

Answer: You have an innovative idea there. Unfortunately, even if your plan to lure unsuspecting fish to you by sprinkling shiny, sparkling glitter in the water were to work, you could be cited for doing so. Placing glitter in the water is littering and is prohibited under Fish and Game Code, section 5652.

The activity you describe would be considered chumming. According to DFG Game Warden Michele Budish, chumming is defined as “placing any material in the water, other than on a hook while angling, for the purpose of attracting fish to a particular area in order that they may be taken” (California Code of Regulations Title 14, section 1.32). Chumming in the ocean is allowed, but chumming in freshwater is permissible only in specific areas and for certain fish species (see CCR Title14, sections 2.30 and 2.40).

Rare abalone die-off in Sonoma County
Question: I was diving in Sonoma County last weekend (Aug 28) in Fisk Mill Cove. The water was dirty as if there was a plankton bloom and visibility was only four to five feet. On my very first dive to about 12 feet I looked into a cave in the rocks with my light and saw something I’ve never seen before in 50 years of diving for abalone. There was an abalone laying upside down and clinging to a piece of kelp rather than clinging to a rock like usual. My dive partner told me he picked up two similar abalone on one dive. They were also in a rock cave just laying upside down on the rocks. Later we met two other divers who had been diving at Timber Cove the day before and they too came across a couple of abalone laying upside down on their shells among the rocks.

Have you heard or seen this before? Are these abalone dying? Is the plankton bloom doing something to the abs? Are the abs suffocating from the plankton bloom? Are the abalone ok to eat? (T. Yamashita)

Answer: What you observed last weekend in Sonoma County is a rare die off event and your observations are similar to many reports we’ve received from other abalone divers in the area. All of the reports mention abalone observed lying upside down on the bottom and the water a dark brown color with visibility less than a foot. Reports have come from Fort Ross State Park, Russian Gulch, Timber Cove and Salt Point State Park where the abalone are dying.

According to DFG Senior Marine Biologist Ian Taniguchi, these abalone deaths coincided with local phytoplankton blooms (red tide), accumulations of drift kelp and calm ocean conditions. Similar invertebrate die-offs have occurred along the North Coast in the past, typically inside protected coves and under similar ocean conditions. The abalone deaths may be due in part to the large phytoplankton bloom, but the investigation is still ongoing. While we don’t know exactly what’s causing the die-offs, we do know they are not due to Withering Foot Syndrome – a fatal disease found in some Southern California abalone.  Withering Foot Syndrome is specific to abalone (in this case, sea stars appear to be dying as well) and causes the abalone’s body to shrink (also not the case in this instance).

Large phytoplankton blooms can make some filter-feeding shellfish like mussels and clams toxic to humans and cause paralytic shellfish poisoning. Abalone are not filter-feeders though – they eat kelp and other seaweeds. At this time, the abalone season is still open and all harvest regulations remain in effect

The California Department Public Health (CDPH) is collecting samples of shellfish for analysis from the affected area and advises recreational consumers to be cautious and not consume seafood that may have been affected by the bloom. CDPH will post their analysis results as soon as they are available at http://www.cdph.ca.gov/programs/Pages/DDWEM.aspx.

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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.

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Posted in Abalone, Fines/Penalties/Citations, Food/Health, Methods Of Take, Regulations, Wildlife Management

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Validating Game Taken Over a Weekend?

Posted on August 25, 2011 | 2 Comments

Black bear (Photo courtesy of USFWS)

Question: The California Hunting Digest states that, “Only Department of Fish and Game (DFG) employees may validate bear tags. Bear tags must be validated before the bear can be transported, except for the purpose of taking it directly to the nearest person authorized to validate the tag.” Why? This requirement caused me to lose the edible portion of my bear last year. For the last few years I have tagged my bear very early on the morning of the start of archery season via pre-season game cameras. Last year, knowing that I would fill my tag early, I arranged to have a few game wardens’ cell phone numbers ready, but because of the hectic nature of the archery opener, no wardens could tag my bear until the next day. While it waited on ice for someone to validate it before my game processor would take it, the carcass rotted and the game processor destroyed it. When I called to complain, a game warden from Sacramento called me back and told me that I should have had any peace officer validate it, according to Fish and Game Code, Section 4755.

This section says, “Any person legally killing a bear in this state shall have the tag countersigned by a fish and game commissioner, a person employed in the department, a person designated for this purpose by the commission, or by a notary public, postmaster, postmistress, peace officer or by an officer authorized to administer oaths, before transporting that bear except for the purpose of taking it to the nearest officer authorized to countersign the tag, on the route being followed from the point where the bear is taken.”

I am not asking about the odd-numbered tags that must also provide the head for a tooth extraction. Why does the department publish information that conflicts with state law? Thank you for your response in advance. (Jon Reid)

Answer: Bears are a strictly regulated big game species. An extensive environmental assessment process is required to plan a hunting season. Seasonal harvest data is critical to this process. For this reason, a DFG employee is required to validate a bear tag once the bear is killed. DFG has required hunters to present bears to a DFG employee for many years. The employee pulls a tooth for analysis and collects the report portion of the bear tag. In recent years, the tooth extraction requirement has been reduced to half of the statewide bear harvest, but validation of the tag is still required to maintain harvest data integrity. For the 2011 season, biologists need the sample tooth from all bears instead of every other bear as in recent years.

According to Game Warden Patrick Foy, if a hunter kills a bear over a weekend when DFG offices are not open and a warden is not available, they have until the first business day to get the bear validated. Another option, DFG fish hatcheries are open during the day,  seven days per week, and DFG staff there may be able to validate your bear.

There is nothing that prevents you from caring for your meat. It is reasonable for the hunter to process the bear by skinning it and processing the meat. This often occurs in the field prior to transporting the bear. You may then bring the skull and hide in for tooth extraction and validation. This extraction may occur on a fresh bear, a refrigerated or an iced bear. Do not freeze the head though because we will not pull teeth from a frozen bear skull. The tooth is nearly impossible to extract and is most likely to be broken in the process, rendering it useless for age determination. The skull must be thawed prior to presenting it to a department employee for tooth extraction.

Hunters must ensure they can appropriately care for their meat once they’ve reduced game to their possession. Persons who possess game mammals may not allow it to go needlessly to waste (Fish and Game Code, section 4304).

The Fish and Game Commission established section 708(e)(5) of the California Code of Regulations Title 14, which requires bear hunters to have DFG employees validate their bears. This law supersedes section 4755 of the Fish and Game Code. This type of system allows critical data needed for bear management which includes necessary statistics that provide for the current quota system that closes bear season once the quota has been reached instead of a set season with specific dates.

Compressed air bait launchers and/or pneumatic fishing line casters?
Question: I would like to know if compressed air bait launchers and/or pneumatic fishing line casters are legal to use and operate in California while fishing in saltwater, as well as in freshwater. (Ken)

Answer: According to retired DFG Capt. Phil Nelms, generally, these devices would be legal in California in both marine and freshwater areas that are open to taking fish with bait. In addition, when fishing with these devices, the fish must be taken by a closely attended line held in the hand.

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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.

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Posted in Big Game, Hunting, Methods Of Take, Regulations

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Keeping Pets Safe from Predators

Posted on August 4, 2011 | Leave a comment

Mountain lion (photo courtesy of UDWR)

Question: I have two small dogs and two cats and we are thinking about moving to the Sierra foothills. I understand we need to protect our pets from coyotes and mountain lions. I have researched your website (Keep Me Wild) and the Internet and received many suggestions, but I have some questions for which I have not found answers. Assuming I follow all suggestions (leave no food/water out at night, cut down brush, provide no shelter, etc.):

  1. Are there any fences or other types of barriers that will protect my unattended pets completely at any hour, especially dawn, dusk and night?
  2. If not, will the pets be safe unattended in a well-fenced yard during the day?
  3. Can cats ever go outside, if the area is fenced in?

Thanks for any help. (Catherine)

Answer: For your dogs to be absolutely safe outside unattended at any time of day or night, you should consider building a kennel. According to Department of Fish and Game (DFG) Associate Wildlife Biologist Jeff Cann, the kennel should have a cement floor to prevent predators from digging in and stout wrought iron or chain link fence sides and top to prevent a lion from jumping or climbing into the pen. Other types of fences work pretty well but have problems when built next to a hill or if they traverse a creek drainage, etc.

If you build a perimeter fence around your yard, it should be at least eight feet tall (wire or steel) and at the top of that have an outlying section that is two to three feet long, attached at a 45 degree angle to the top, similar to security fences. This makes it harder (but not impossible) for lions to enter because they have to move vertically and horizontally at the same time (which they can do). The fence should be well-anchored so animals cannot pry it up or dig under it. Wood fences are easy for a lion to climb, so that’s why we recommended the kennel first. It only takes an overhanging tree limb or a tree to fall on a weak perimeter fence, and your pets are no longer secure.

Well-constructed kennel kits are usually available at places like Costco, and many feed stores carry panels that connect together to make any size kennel you want.

Cats going outside would be safest midday, but it’s not a sure thing. They too need a stout enclosure to be absolutely safe from bobcats, coyotes and lions.

The only sure-fire thing to be sure your pets remain safe is to leave all pets indoors, all the time. However, lions have even been known to break through screened porches to get small dogs.

In addition to trying to protect your pets from predators, keep in mind that even your common house cat can turn predator toward the wild birds in your area and significantly impact songbird (passerine) bird populations. Scientists from the Audubon Society estimate that free-roaming cats (owned, stray and feral) kill hundreds of millions of birds and possibly more than a billion small mammals in the U.S.each year. To lessen these impacts and ensure your cats stay safe, it’s best to keep them indoors all of the time.

Glow stick bobbers
Is it legal to use a two-inch sealed chemical glow stick on a bobber while fishing catfish at night? It wouldn’t be underwater or near the hook. It would be used as a strike indicator only. (Paul)

Answer: Yes, using a glow stick as a strike indicator would be legal.

Pending citation?
Question: I received a ticket on May 11 of this year but have not received any notes about my fine. Should I just go to the court at the address listed on the ticket? (Ginsue Y.)

Answer: Yes, you must contact the court on or prior to the date shown on your copy of the citation. According to DFG Lt. Todd Tognazzini, many courts in California send out formal courtesy notices with further instructions about how to handle your ticket, but some do not. This notice often provides instructions about your options which may include paying a fine through the mail or appearing before the court. Many courts also have an online method for handling citations.  When you were cited, you were provided a specific date on which to appear in court. If you have not heard from the court and an online search or call to the court does not help, it is critical to appear on the date and time indicated on your citation. Failure to do so may result in a warrant being issued for your arrest.

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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.

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Posted in Fines/Penalties/Citations, Pets, Regulations, Tackle

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