Tag Archives: Licenses

Bringing Fish and Game Back from Mexico

Thresher boat

P/V Thresher patrols Southern California ocean waters down to the U.S.-Mexico border and out to 200 miles offshore (CDFW photo).

Question: I fish in Mexico and have a question regarding bringing them back to the U.S. I saw a statement on Facebook where the poster said we cannot bring cowcod or fillets into U.S. waters even if we have a signed declaration to present with the fish. Despite the fact cowcod are not legal to possess in California, they are legal to catch in Mexico.

I would like to know if this is true as many things posted on the Internet are not always correct. If it is correct, is this also true for the other three protected rockfishes – canary, yelloweye and bronzespotted rockfish? If I take a legal Mexican limit of five bocaccio, would I be limited to bringing only three back into California? Also, I hunt in Mexico where it is legal to take 60 doves. At the border, could I declare the 60 doves when I cross the border or would I only be able to have the California limit of 10 doves? What are the laws? Since I am hunting and fishing in another country and abiding by their laws, do I have to also abide by California laws when I import game from another country? (Randy H.)

Answer: It is unlawful to import or possess birds, mammals, fish, reptile or amphibian taken from outside of this state unless the following requirements are met (as per Fish and Game Code, section 2353):

  • The animals were legally taken and legally possessed outside of this state.
  • California and federal codes and regulations do not expressly prohibit their possession in this state.
  • A declaration is submitted to the department or a designated state or federal agency at or immediately before the time of entry, in the form and manner prescribed by the department.

Therefore, even if the fish were legally taken in Mexico but are prohibited here in California, then they cannot be brought back here. This means while cowcod, canary, yelloweye and bronzespotted rockfishes may be legally caught and possessed in Mexico, they cannot be brought back to California. Filleting is also not allowed in Mexico, so no fish taken in Mexico can be brought back to California in a filleted condition.

There is an exception for migratory gamebirds. Migratory gamebirds, such as doves, taken in Mexico fall under the federal migratory bird regulations in the Code of Federal Regulations (CFR) Title 50. Federal regulations allow importation of doves from Mexico “not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, that if the importer has his Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he hunts in Mexico, he may import the applicable Mexican possession limit corresponding to the number of days actually hunted during that particular trip.”(see CFR section 20.61.)

Declaration for entry forms can be found online at www.dfg.ca.gov/enforcement/.


Trolling for salmon
Question: There is a one rod per angler rule in Monterey Bay. This last weekend while trolling with my husband for salmon, we had three fish on board and needed one more for the two of us to have limits. My question is, do we need to fish with just one rod as one of us has a limit, or may we fish with two rods until we catch one more fish? (Donna S.)

Answer: You can use two rods until you catch your final fish because boat limits apply in ocean waters. When there are two or more persons who are licensed or otherwise authorized to sport fish in ocean 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)).


Collecting starfish can be very expensive!
Question: Our family was at Mavericks Beach in Half Moon Bay recently. I wasn’t paying close attention when the kids were collecting things from the beach. My kids collected a starfish and snails and put them into a cooler. When a ranger saw what they had he made me put them back in the water. We didn’t know it was against the law. He wrote a ticket out to my husband as “CCR Title 14, section 29.05(d) Unlawful taking of invertebrate” and marked as misdemeanor.

We wouldn’t have let the kids do it if we knew it was illegal. What will the fines or penalties be? (Laurice P.)

Answer: Sea stars (starfish) residing on nearshore rocks between the mean high tide line and 1,000 feet seaward of the mean low tide line may not be taken (CCR Title 14, section 29.05(b)). Pursuant to Fish and Game Code section 12000, the maximum fine for this violation is $1,000.

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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.

Remote-Controlled Electric Aircraft in California Reserves?

Yolo Bypass Wildlife Area (Photo by Robert Sahara)

Yolo Bypass Wildlife Area (Photo by Robert Sahara)

Question: I am a conservation advocate and an avid wildlife photographer. Over the last several years, I have been photographing birds and landscape views of Southern California’s wildlife areas. I am interested in expanding this documentation with video, and in particular aerial video taken from a remote-controlled electric helicopter. While I am very aware of the need to not disturb or harass local wildlife, I am wondering if there are regulations that restrict or prohibit the use of RC-aircraft in or around the perimeter of ecological reserves and conservation areas? (Bill K.)

Answer: There is no general prohibition against using radio-controlled “vehicles” in wildlife areas (California Code of Regulations Title 14, section 550). However, in ecological reserves, prohibitions against: 1) disturbing any bird, mammal, etc.; 2) operating vehicles; and 3) operating any type of aircraft or hovercraft without permission may apply (CCR Title 14, sections 630(a)(1) & (a)(4) and (a)(17)). There is also a provision that prohibits the use of any motorized, hot-air, or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing 48 hours after any big game hunting season in the same area (CCR Title 14, section 251(a)). In addition, a permit could be required if there are concerns your aircraft will “ … herd or drive… or disrupt animal’s normal behavior patterns, which includes, but is not limited to breeding, feeding or sheltering …”

Under federal regulations, this may be illegal if you are using the video for any commercial purpose.  “Under current federal aviation rules, using unmanned aircraft — what commonly are referred to as drones — for commercial purposes is prohibited in the United States.”

Please contact the Regional Manager for the area you intend to visit for information on the application of these laws. For a list of contact numbers available, please go to www.dfg.ca.gov/regions/.


Serving abalone at a fund-raiser?
Question: My husband and I are residents of both Humboldt and Sutter counties. We occasionally dive for abalone in Humboldt where we live. If we don’t consume them right away, we freeze them whole in the shell as the local game warden advised us years ago. I also work for a nonprofit hospice in Sutter County and they are having a fundraiser in May at a private house, where many of our staff will prepare appetizers for 100 guests. I want to prepare abalone appetizers from three abalone that we already have tagged and frozen from last season. The event is being professionally catered for the meal and dessert and so they are selling tickets, but no one is paying for or making money from the abalone I want to cook. The abalone is such a minuscule part of the meal. I just want to make sure I am allowed to bring it to an event like this and I was not able to find anything specific about that in the regulations. Please advise. Thank you. (Amy M., RN)

Answer: Sport-taken abalone may not be bought, sold, bartered or traded (Fish and Game Code, section 7121.) If sport-taken abalone are used for a non-profit fundraising dinner, then the cost of attending the dinner must be advertised as a requested donation to the organization putting on the dinner. In your situation, if you are just providing a few abalone for an appetizer, and as long as the dinner is not advertised to contain abalone in order to sell more tickets to the fund-raising dinner, then I think that would be ok. However, you should contact your local game warden where you will be having the dinner to confirm they are in agreement.


Running dogs with GPS for pigs and coons?
Question: Since bear and bobcat hunting with hounds is now banned in the state of California, can we still use GPS collars on hounds for hunting pigs, coons, etc.? (Dean C.)

Answer: You may use dogs to hunt raccoons and pigs, however, the use of GPS collars is prohibited (CCR Title 14, section 265(d)(2)).


Poke poling – need a license?
Question: Do I need a fishing license to poke pole for monkey-faced eels? (Anonymous)

Answer: Yes, the only exceptions are if you are 15 years old or younger or if you are fishing from a public pier or the most seaward jetty of a public harbor. Otherwise a fishing license is required and all regular fishing regulations apply.

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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.

Lobster Fishing Changes Coming?

DFG Marine Biologist Travis Buck holds a California spiny lobster caught in a traditional hoop net (DFG photo)

CDFG Marine Biologist Travis Buck holds a California spiny lobster caught in a traditional hoop net (CDFG photo)

Question: Why do lobster report cards run calendar year (Jan. to Dec) instead of from the beginning of the season to the end (Oct. to March)? It seems it would be less labor-intensive and more accurate to receive landing data once a year rather than twice a year, and you wouldn’t be charging fishermen double to be able to fish the full season. (Jack)

Answer: Lobster report cards run calendar year because they have been linked to fishing licenses, which have always run calendar year. The California Department of Fish and Wildlife (CDFW) is not “charging double” because a report card purchased in early January can be used for the last 2-1/2 months of one lobster season, and the first three months of the next lobster season.

However, your question is timely. The Fish and Game Commission is considering changing lobster report cards to run through the season beginning in October with the 2013-2014 lobster season. This is possible with the recent implementation of the Automated License Data System (ALDS). Under the proposal, the new deadline for the return of seasonal lobster report cards would be April 30. Anyone who fails to return or is late returning their report card by the deadline will be charged a $20 non-return fee when purchasing a lobster report card for the following season. Details and full language of the regulation change proposal are posted at:  www.fgc.ca.gov/regulations/2013/. If you’d like to provide comments to the Fish and Game Commission, the deadline is March 5 and you can do so by e-mail at www.fgc.ca.gov/contact/.

One of the main reasons for the institution of a report card was to determine the number of sport fishermen who target lobster and the number of lobsters that are being taken. Nearly 30,000 lobster report cards were sold each year from 2008-2011, and more than 37,000 cards were sold in 2012. By contrast, there are  about 150 active commercial lobster fishermen. CDFW is mandated by state law to manage the lobster resource, which includes both the commercial and recreational lobster fisheries.

The CDFW is currently developing a Lobster Fishery Management Plan (FMP).  Details at www.dfg.ca.gov/marine/lobsterfmp/.

For lobster report card data summaries, visit www.dfg.ca.gov/marine/lobsterfmp/lit.asp.


Alabama rig revisited
Question: I work for a Southern California county lake and saw a new rig that is being sold in stores known as the “Alabama Rig.” It consists of a set-up where you can clip 3-5 lures onto a swivel-type attachment to make it appear like a school of bait fish. I try to stay current with the state freshwater regulations so I can keep fishermen informed as well. I remember seeing in the current state freshwater regulations that there is a maximum two hook set-up per line. Are these “rigs” legal to use? I would greatly appreciate your answer. (Matt T.)

Answer: Yes, an Alabama rig may be used, but only when modified to use no more than three hooks. When the Alabama rig is configured to comply with California law, many call it a California Rig. See a previous entry on Alabama rigs from this column at http://californiaoutdoors.wordpress.com/2011/12/page/2/.


Is it legal to hunt with my .223 caliber AR 15?
Question: Unless laws change by the time the season opens, will I be able to hunt deer in California with a .223 caliber AR 15? (John C.)

Answer: Fish and Game hunting laws authorize using any firearm rifle using centerfire cartridges for taking deer, as long as the firearm is otherwise legal to possess in California. Although the caliber is legal, the .223 round is considered by most big game hunters to be too small for the take of deer.


Selling antique deer heads and a deer antler chandelier?
Question: I’m an antique dealer in Riverside County and have an old deer head and a deer antler chandelier. Is it permissible to sell these items in my shop? (Sharon C.)

Answer: Yes and no. If those birds or mammals are found in the wild in California, the sale or purchase of those animals, and/or their parts, is prohibited (Fish and Game Code, section 3039). If the items you have are made from species of deer NOT found in California (e.g. white-tailed deer, caribou, reindeer, etc.), then you may sell them. Only black-tail and mule deer occur naturally in California. However, shed antlers or antlers taken from domestically-reared animals that have been manufactured into products or handcraft items, or that have been cut into blocks or units which are to be handcrafted, may be purchased or sold.

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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.