Tag Archives: importation

Why Don’t Wardens Release All Poached Animals?

Game Warden Kyle Kroll with K-9 detection dog, Buck, and the 57 poached abalone that they seized (Photo by Debra Hamilton for CDFW)

Game Warden Kyle Kroll with K-9 detection dog “Buck” and 54 poached abalone that they seized (Photo courtesy of CDFW)

Question: I support the work of the California Department of Fish and Wildlife (CDFW) and want to congratulate and say thank you for all your services. However, I was watching an episode of “Wild Justice” recently and something didn’t seem right about the way the game wardens carried out a couple of operations. On the show, game wardens busted a poacher with 42 abalone. The wardens spied on a group and knew they were fishing illegally, so why didn’t they stop them when they came back to the beach? Why did the game wardens allow the group to pull the abalones away from the beach and wait? By the time you guys busted the group, all 42 abalone were dead. My 4-year-old daughter couldn’t understand why you didn’t catch the poachers as soon as they hit the beach so the abalone wouldn’t have had to die. Can you please give me an answer so that I can explain it to her? (Christopher R.)

CDFW K-9 detection dog with a poached abalone she seized (Photo by Debra Hamilton for CDFW)

CDFW K-9 detection dog “Coco” with a seized poached abalone (Photo courtesy of CDFW)

Answer:  Wardens are often faced with the dilemma of when to make contact on a poaching case. According to CDFW Lt. Patrick Foy, there are circumstances where a warden can make an excellent poaching case, contact the perpetrator, and return the live animals to the water/or wild. Those cases usually result in a fine. There are other times, such as the one you reference, where an effort needs to be made to prove that the perpetrator’s actions weren’t just a one time occurrence by a person who wasn’t aware of the law. If a warden can document that the perpetrator’s actions were planned, and intended to make a profit poaching wildlife, it is called commercialization. Commercialization cases are difficult to make, but when a warden makes them, they can lead to life-time revocation of fishing privileges, steep fines, and even jail terms. The wardens in the case you watched made the judgment that the loss of 42 abalone was necessary to permanently take the poachers out of business.


Wolves from another state?
Question: Is it legal to hunt and bring a wolf hide from another state into California? (Stephen H.)

Answer: It is legal to bring a wolf hide legally acquired in another state or province into California. You are required to complete a declaration of entry pursuant to section 2353 of the Fish and Game Code when the hide enters the state.


Fishing for crayfish in a stream closed to other fishing?
Question: Can crayfish be taken from a trout/steelhead stream closed to fishing?

Answer: Yes, taking crayfish by legal methods other than hook and line is allowed in streams closed to fishing. (See California Code of Regulations Title 14, section 5.35(e).)


Vintage Native American jewelry?
Question: I realize buying and selling bear claws is prohibited in California, but is there an exception in the law for vintage Native American jewelry? These old pieces often include bear claws in their designs, which are an important part of their culture. (Neil Z., Burbank)

Answer: No. The purchase or sale of the pieces or parts of any bear is prohibited in California. The law does not provide any exception for bear parts used in Native American art or ceremonial pieces of any age (Fish and Game Code, section 4758).


Maximum number of crab traps allowed?
Question: What is the maximum number of crab traps allowed for recreational fishermen? I see a limit of 10 hoop nets but nothing for traps or pots in the regulations. I’m fishing the Bodega and Tomales areas.

Answer: North of Pt. Arguello (just north of Pt. Conception), a recreational fisherman may use any number of crab traps or pots except when fishing from a public fishing pier, where the limit is two fishing appliances, such as crab traps or pots, per person.

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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.

Firearms to Safely Land Large Halibut?

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Francisco J. Rivera set a new state and world record for California halibut on July 1, 2011 with this 67 lb 5 oz fish (Photo by E. VIllareal)

Question: I have a question about safely bringing large halibut onboard. Because the Pacific halibut caught in Alaska are often over 100 pounds, deckhands use pistols or small shotguns to kill the fish before bringing them on board. This is to prevent the fish from causing damage or hurting anyone once on the deck. Would this method be legal to use in California ocean waters with large fish? Of course, the fish would already be “landed” by first being gaffed. Is it even legal to carry a pistol while fishing on a private boat near shore? (Timothy B., Morro Bay)

Answer: Sport fishermen may take halibut by hand, hook and line, spear fishing, spear, harpoon or bow and arrow (California Code of Regulations Title 14, sections 28.65, 28.90 and 28.95.) Firearms are not a legal method of take for halibut, so a gun may not be used to assist in taking or landing the fish.

In some areas it may be legal to carry a pistol on a private boat but there are closures that prohibit the possession of any firearm on a boat along portions of the Monterey and San Luis Obispo county coastlines within the California Sea Otter Game Refuge. If considering carrying a pistol on your boat, you need to research local laws and ordinances within the jurisdictions you will be transiting on your fishing trip.


What’s required to catch and breed tarantulas?
Question: I’m interested in catching some local tarantulas to try breeding them. I can’t find anything obviously referring to either tarantulas or prohibitions on such things. Are there any licenses required? Are there any definite prohibitions against it or any issues pertaining to the different public lands (e.g. city, county, state, federal)? (S. Godfrey)

Answer: The Fish and Game Code and its implementing regulations currently do not prohibit the take of spiders, but federal laws may apply to the take or breeding of tarantulas. You may want to consult the U.S. Fish and Wildlife Service regarding federal prohibitions, and be aware that some public lands (e.g. state and national parks, scientific reserves, etc.) have laws that prohibit the taking of any live animals. You need to check with the jurisdiction of the land on which you want to hunt tarantulas.


Distance from hoop nets allowed?
Question: How far can a fisherman be from his nets once the traps are in the water? 100 yards? 500 yards? (Dixon C.)

Answer: There is no legal limit to the distance you can travel from hoop nets you have set in a recreational pursuit of lobster or crab. However, they must be checked – lifted to the surface – at least every two hours.


Transporting a white-tailed doe deer mount into California?
Question: I am looking to add a mounted white-tail doe head to the family cabin but want to be sure before buying it. It was legally taken and mounted in another state. From what I hear, it’s really old. I don’t believe they are native to California but I want to be sure it’s legal to do before purchasing and transporting it here. (Kristi D.)

Answer: Yes, it is legal in California for you to purchase the taxidermied head of either sex of a white tail deer. California Fish and Game law (Fish and Game Code, section 3039) only prohibits buying or selling any species of bird or mammal that occurs in the wild in California. We have only mule deer and black tail deer here.

One thing you must do before importing it into California is to complete and submit the Declaration for Entry form available online at www.dfg.ca.gov/enforcement/entry-declaration.aspx.

In addition, when shipping wildlife into California, there are certain requirements regarding how to properly mark containers containing wildlife. “Any package in which birds, mammals, fish, reptiles, or amphibians, or parts thereof, are offered for transportation to, or are transported or received for transportation by, a common carrier or his or her agent shall bear the name and address of the shipper and of the consignee and an accurate description of the numbers and kinds of birds, mammals, fish, reptiles, or amphibians contained therein clearly and conspicuously marked on the outside thereof.” (FGC, section 2348).

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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.

How Much Fishing Until Boat Limits Apply?

(CDFW photo by Ed Roberts)

(CDFW photo by Ed Roberts)

Question: I heard this question asked on the radio last season while fishing for salmon in Monterey. The answers from mostly experienced and knowledgeable anglers were mixed. No one seemed to be certain. So here’s the situation:

Two anglers, both legally licensed, one rod trolling per angler, barbless hooks, one lure per line. The anglers take turns hooking up and fighting the fish. Soon they have three legal salmon on the boat. One angler has a limit, and the other angler needs one more and wants to catch his own. The question: Can the two anglers continue trolling with the two rods out?

My reading of the ocean regs is yes, they can, because there is nothing in the regs saying the angler with a limit must stop fishing while the boat/anglers are not over limit. If the next one to hook a fish was to fill the boat limit, then the angler with the limit would not be able to even touch the rod. However, since catch and release fishing is not prohibited, both can continue to fish until the last fish is netted. Do you agree? (Dave R.)

Answer: Yes, boat limits apply. Boat limit: When two or more persons that are licensed or otherwise authorized to sport fish in ocean waters off California or in the San Francisco Bay District … are angling for finfish aboard a vessel in these waters, fishing by all authorized persons aboard may continue until boat limits of finfish are taken and possessed aboard the vessel (CCR, Title 14 section 27.60 (c )).


How to become a Hunter Ed Instructor?
Question: How can I sign up to become a Hunter Education Instructor?

Answer: Applicants must meet the following requirements:

  • Be at least 18 years of age
  • Successfully complete the hunter education course prior to submitting an application
  • No felony convictions
  • Completed a course of study prior to taking a supervised examination covering the basic topics of hunter education

The testing process to become a certified instructor takes about two hours and applicants must score a minimum of 80 percent. After passing the exam, the volunteer will take an oath and work with an experienced instructor before leading their own class.

To retain current HEI certification, an instructor must teach one class per year and attend one conference. More information on the requirements can be found at www.dfg.ca.gov/huntered, or speak with one of our wildlife officers at the upcoming Fred Hall Shows in either Long Beach or Del Mar.


Lobster report card for two different types of traps?
Question: If I am fishing with both flat and rigid types of hoop nets in one set, do I need to fill out two lines on my lobster report card (e.g. one line with a gear code for flat and one line for the non folding type?) (Dixon C.)

Answer: Yes. According to California Department of Fish and Wildlife (CDFW) Environmental Scientist Travis Buck, instruction 2 on the lobster report card says “make a separate entry for each location fished and each type of gear used.” You’ll see under gear codes that flat hoop nets are gear #1 and rigid hoop nets are gear #2. So create separate lines for each type of net, and record the corresponding number of lobsters retained for each type of net. Thank you for paying attention to this detail!

Also, hunters and anglers are now being offered the ability to report harvest data online at: www.dfg.ca.gov/licensing/harvestreporting/. This means you will be able to enter your 2012 lobster report card data online. Thanks and good luck lobster fishing.


Importing USDA processed black bear meat?
Question: Can I bring USDA processed black bear meat into California from Colorado and Nevada from USDA plants to sell here locally? (Anshu P.)

Answer: No, California Fish and Game law prohibits the sale of the pieces or parts of any bear in California, and it makes no difference if the item was a bear that was killed in California or in another state and imported into the state. (See Fish and Game Code, section 4758.)

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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.