Tag Archives: Licenses

Wild Pig Keeps Wrecking Our Landscaping

Wild pigs can cause significant damage to residential lawns and landscaping with their aggressive rooting behavior while in their quest for grubs, subterranean insects and their larvae, as well as the succulent roots of the grass they are uprooting (Creative Commons photo)

Wild pigs can cause significant damage to residential lawns and landscaping with their aggressive rooting behavior while in their quest for grubs, subterranean insects and their larvae, as well as the succulent roots of the grass they are uprooting (Creative Commons photo)

Question: We live in a residential subdivision in Gualala in Sonoma County and there is a wild male pig rooting around the homes. This pig is making himself at home and rooting up the unfenced ground around our home. Most everyone who lives around here has had this guy at their home. This is a 2- to 5-acre residential zoning so we cannot shoot him, not that we want to. He follows the same evening route just before sunset. I have no objection to Fish and Wildlife setting a trap box here. We don’t venture around our place after sunset. This pig has been sighted in the past two weeks by about six people. We have weekly garbage service which no doubt is an attraction and our homeowners association has notified its membership. What can be done to stop this marauding pig that’s wrecking all of our landscaping? (Jeff W., Gualala)

Answer: First of all I suggest you make sure no garbage or artificial food attractants are being left out to draw the animal into your neighborhood. Talk to your neighbors about this and make sure your homeowners association spreads the word, too.

Homeowners associations differ from place to place, but most are within a designated city limit and most cities impose firearm discharge restrictions for the general populous. Thus, this would make shooting the pig unlawful in most situations. As such, hunting and immediate take are not options. Landowners or your housing association can apply to the California Department of Fish and Wildlife (CDFW) for a depredation permit and then contact a local pig removal company or a federal trapper through USDA Wildlife Services (who operate in select California Counties) http://www.aphis.usda.gov/wildlife_damage/ to trap and remove the pig.


How many rounds of ammo are allowed for an AR-type gun?
Question: When reading CDFW regulations, I find a shotgun is limited to three rounds of ammo, but I cannot find anywhere how many rounds of ammo a rifle or AR is limited to. I’d like to know as I want no trouble when I go squirrel hunting with my AR-type gun. (Robert K.)

Answer: There are no restrictions in the Fish and Game Code on the number of rounds a rifle can hold while hunting. Rifles sold in California for the past several years are restricted to a 10-round capacity. This is due to other firearms laws in the Penal Code.


Range finding scopes on compound and crossbows?
Question: There are scopes with range-finding capabilities for compound and crossbows available on the market. Is it legal to have one of these scopes mounted on a bow or crossbow in areas where I am legally allowed to hunt in California? (Tim)

Answer: Scopes with laser rangefinders are not prohibited. Just be sure the device does not project any visible light or electronically intensify light for the purpose of either visibly enhancing an animal or providing a visible point of aim on an animal (California Code of Regulations Title 14, section 353(i)). These devices may be used only for the take of nongame and furbearing mammals as provided in the Mammal Hunting Regulations (CCR Title 14, section 264.5).


How to become a licensed federal trapper?
Question: I have a friend who lost some livestock to either coyotes or a mountain lion. He wants to protect the rest of his animals and was advised to contact the local government trapper. How can a person become a licensed trapper authorized to track down and remove these problem predatory animals? (Anonymous)

Answer: Contact the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS). The mission of this agency is to provide federal leadership and expertise to resolve wildlife conflicts to allow people and wildlife to coexist. For more information, please go to http://www.aphis.usda.gov/wildlife_damage/.


Can wildlife officers check my fishing license by my CDL?
Question: While buying my license recently, I was told by the vendor that we no longer need to carry our fishing licenses with us. He said wildlife officers can now scan people’s California driver licenses (CDL) to verify the purchase. Is this true? (Rick B.)

Answer: No, you are still required to have your actual sport fishing license in possession while fishing (CCR Title 14, section 700) and to present your actual license upon request to any wildlife officer who asks (FGC, section 2012). CDFW wildlife officers do not carry CDL scanners.

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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.

How to Get to Shore when Boat Fishing is Closed?

Kayak fishing1

Kayak fishing (Creative Commons photo)

Question: I’m aware that during the non-boat rockfish season (i.e., winter/spring), anglers are required to either fish from shore or spearfish for these species. My question is in regard to whether using a boat to access an on-shore fishing spot is acceptable. Specifically, can I use my boat or kayak to reach a good shore fishing location, fish from shore and catch my fish, then get back in the boat for the ride home? I wouldn’t be fishing from the boat, but instead using it to transport me to my shore fishing location. Thanks for your help. (Rick R.)

Answer: No, I’m afraid you will need to strap on your hiking boots and walk in to your favorite fishing spots along the coast during the boat-based fishing closures. Arriving by boat would not be legal as each of the groundfish management areas have a specific section stating, “No vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these species while angling from shore under this provision.” Depending upon which groundfish management area you plan to fish in (Northern [27.25], Mendocino [27.30], San Francisco [27.35], Central [27.40] or Southern [27.45]), this regulation can be found under section (c)(3).


Luring fish with licorice for bait?
Question: My brother and I have two burning questions we have been wondering about. Is it legal to fish with licorice as bait? Also, we observed a man with a syringe injecting air into his bait worms so they would float off the bottom. What do you think the purpose was and is this legal to do? (Marcus O.)

Answer: Processed foods, such as licorice, are legal under bait regulations for inland waters (found beginning in California Code of Regulations Title 14, section 4.00). It is also legal to inject air into a fishing worm and many such kits are found at sporting goods outlets. This method can be a very effective way to keep a worm off the bottom of lakes with heavy bottom vegetation.


Are black mussels from Bodega Bay under quarantine, too?
Question: While we were fishing from the shore in Bodega Bay last weekend I noticed a lot of beautiful black mussels on the rocks. I believe the limit is 10 lbs/person but wanted to make sure it was the safe season to eat them. Are they under quarantine for domoic acid, too? Thank you for your help!!! (Ben L.)

Answer: You are correct that the limit is 10 pounds (in the shell) for California sea mussels and bay mussels in combination (CCR Title 14, section 29.55). Mussels are not currently under quarantine. The California Department of Public Health (CDPH) monitors for natural toxins that occur along the coast that may affect wild mussels. Mussels are regularly quarantined on an annual basis, usually from May through October, because mussels are a particularly high risk species because they have the ability to concentrate toxins very quickly. When dangerous levels of toxin are detected in mussels, CDPH will begin testing other shellfish species as well for these toxins, if samples are readily available. If samples are not easily obtained, or if toxin levels are increasing rapidly, CDPH will issue a press release announcing a special health advisory for the potentially toxic seafood species in the affected area.

To check for real time advisories, go to http://www.dfg.ca.gov/marine/healthadvisory.asp.To check for an advisory or quarantine in advance of any mussel-collecting trip, you can also call the CDPH Biotoxin Information Line at (800) 553-4133. For more information about the annual mussel quarantine, please visit the CDPH website at http://www.cdph.ca.gov/Pages/MusselQuarantineFAQ.aspx.


Can pesky squirrels be relocated?
Question: Is it permissible to relocate pesky squirrels that are destroying or damaging private property? (Fred, Redding)

Answer: No. Small nuisance mammals that are damaging property may be taken by the owner but may not be released alive except in the immediate area. Relocating nuisance wildlife not only relocates the problem but also places the critter into an area where it has no established shelter or food and water source, and could potentially spread disease. A depredation permit may be issued for tree (gray) squirrels, unless it is the gray squirrel season when hunters are allowed a four squirrel bag and possession limit.


Must fishing license be carried while spearfishing?
Question: If I am spearfishing from the shore and return with my take, do I need to have my fishing license on my person or can it be in my car? (William H.)

Answer: Persons diving from a boat or shore may have their license on the boat or within 500 yards on the shore, respectively (Fish and Game Code, section 7145).

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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.

Retrieving Game After Shoot Time

Waterfowl hunting at dusk (USFWS photo)

Question: This situation happened to me. Five minutes before the end of shooting time I knocked down a snow goose that fell out of range and started swimming. I waded after it in the flooded rice field but couldn’t catch it or get within range until after shooting time ended. In a case like that, do I shoot late or let it go and risk a waste of game citation? Do wardens consider “spirit of the law” as opposed to “letter of the law?” (Jim S.)

Answer: If you are “in hot pursuit” of the goose, you should be able to reach it before the end of shoot time, or at least within a minute or two! Bottom line answer is this: It is illegal to take the bird after legal shoot time. If a warden was watching you pursue the game and shoot late, they would use their judgment as to whether a crime was committed. On the other hand, waste of game only applies when a person does not make a reasonable effort to retrieve. If the hunter tries to catch it and it swims off, it is a reasonable effort. Breaking the law is not a reasonable effort. So, if the hunter doesn’t shoot late, no laws are broken!


Lures with glowing light attractants?
Question:I just saw some new trout lures containing little glow sticks to attract fish. Someone told me that using light to attract fish is illegal and hence these lures are illegal to use. What do you think? (Shawn A.)

Answer: These lures sound as if they are legal. There are no fish and game laws prohibiting using light to attract fish. Lights may be used at night when and where such fishing is allowed, and lights may be used on or as part of any fishing tackle (California Code of Regulations Title 14, section 2.15).


Buying an extra license to keep handy?
Question: Several years ago, I lost my fishing license and could not locate the
duplicate, so I was forced to purchase a new license. About a month later, I found the lost license, and at that point technically had two licenses for the same year (with ocean enhancement validation, etc). I found that having an extra license gave me piece of mind because as I transitioned from my car to a friend’s, to a boat, to a sport fishing charter, I could keep one in my dry box (that goes from car to boat) and another with my fishing gear. Is there any regulation prohibiting me from doing this intentionally? From an economic point of view, it would be worth the extra cost to me to have the extra piece of mind, and I don’t mind that the funds go to an important state program. Can I purchase more than one fishing license so that I can always be sure to have one in my possession, no matter how forgetful I become? (Brent C., Santa Barbara)

Answer: Unfortunately, you cannot purchase more than one license intentionally. However, if your license is lost, you may purchase a duplicate license.

According to California Department of Fish and Wildlife (CDFW) Sport Fishing Program Analyst Glenn Underwood, a person is prohibited from obtaining more than one license, tag, permit, reservation or other entitlement of the same type, except for certain short term licenses (Fish and Game Code, section 1053(1)). This section does allow a person to obtain a duplicate license, tag, permit, reservation or other entitlement upon the loss or destruction of the original with the payment of the duplicate fee.

CDFW has an Automated License Data System (ALDS) that keeps track of the licenses a person has purchased and makes obtaining a duplicate sport fishing or hunting license easy from any license agent. The ALDS enforces license rules regarding the number of licenses a person may possess and will not allow a person to purchase a second annual sport fishing or hunting license.


Starfish hunting
Question: Is it legal to take a starfish off the rocks in the ocean? If it is, do you need a license? (Mike H.)

Answer: Sea stars (starfish) may not be taken off the nearshore rocks in California if they are between the mean high tide line and 1,000 feet seaward of the mean low tide line. Outside of this zone you may take 35 sea stars, and yes, you’ll need a valid fishing license. And if you do still choose to venture out past the 1,000 ft. zone for them, and you’re north of Yankee Point, you can only take them while free diving (CCR Title 14, section 29.05(d)).

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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.

Learning to Hunt at any Age

Used by permission of Kalkomey Enterprises

You can learn to hunt at any age and the best place to start is with a hunter education course through CDFW (Photo courtesy of Kalkomey Enterprises)

Question: Most hunters that I know learned in their youth. I am an adult male who has never hunted but would like to learn. Are there classes or programs for adult males to learn? If so, can you please give me some information as to how an old guy like me can get started hunting? (Edward H.)

Answer: Yes, and an excellent first step is to take a hunter education course. This course is required to get a hunting license in California and provides good entry level instruction about firearms safety, first aid, wildlife management, etc. For more information and to find an upcoming class in your area, please go to: http://www.wildlife.ca.gov/Hunter-Education.

After you’ve taken the entry level hunter education class, you might consider taking some of the Advanced Hunter Education classes offered by the California Department of Fish and Wildlife (CDFW) throughout the state. These include wild pig seminars, waterfowl seminars, wild turkey seminars, etc. and can be found on the CDFW website at http://www.wildlife.ca.gov/Hunter-Education/Advanced.

I also encourage you to check around for local sportsmen’s clubs in your area. Most communities have them and many are associated with a gun range. This would be another location to learn a great deal about firearms and to discuss hunting with experienced people.

And finally, there are lots of books and magazines available that provide many resources about hunting, and the Internet is also full of information that may help (e.g. http://www.nssf.com/hunting/getstarted/). Just remember, you’re never too old to learn how to hunt and there are lots of resources available to help you. Good luck!


When is the best time to go clamming?
Question: When is the best season to enjoy clamming? (Julie S.)

Answer: There really is no best season for clamming. Generally, any really low tide during daytime hours with minimal surf and decent weather is a good time. There are specific seasons for taking of Pismo clams and razor clams in specific areas, so please check the regulations before venturing out for these clams.

The hours of take for clams are one-half hour before sunrise to one-half hour after sunset. No instruments capable of taking clams (shovels, hoes, rakes, etc.) may be possessed on the beach during closed hours. It may be safer to go clamming from November through April, as biotoxins may be concentrated in filter-feeding bivalves (such as mussels and clams) from May through October especially. For more information about biotoxins, please visit the California Department of Public Health website at http://www.cdph.ca.gov/healthinfo/environhealth/water/pages/shellfish.aspx.


Collection of antler sheds and winter kill skulls?
Question: Is it legal to keep deer and elk antler sheds? How about deer, elk and big horn sheep skulls from winter kills? I have seen people collecting them but I wasn’t sure if it was ok to do. (Pamela Sue)

Answer: You cannot collect big horn sheep skulls or horns at any time. The other antler sheds may not be removed from wildlife refuges or from public parks and forests. You can pick up deer and elk sheds from public lands and private property you have permission to be on and deer and elk antlers may be legally collected and sold (Fish and Game Code, section 3039). You should avoid picking up anything that is fresh but it is not illegal for someone to pick up bleached antlers. In addition, you can sell sheds that you have found but cannot sell whole antlers or antlers with heads attached (FGC, section 3039(c)).


How can a mobility impaired angler obtain a fishing license?
Question: I am disabled and confined to a wheelchair and am trying to obtain a general sport fishing license. The rules seem to require someone in my position to go to a license sales office, which would be difficult as I live in San Francisco. (Blaine J.)

Answer: You can complete the Free Sport Fishing License Application (which requires a physician’s signature) found online at http://www.wildlife.ca.gov/licensing/fishing and return the form with a copy of your identification (DMV ID, passport or birth certificate) to any CDFW license sales office listed on the back of the form. The office will then enter your information into the system and mail you back a license. You also may renew your license at any CDFW license agent, CDFW license sales office or online.

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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.

Diving and Spearfishing without a Fishing License

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Diver with a California spiny lobster (CDFW photo by Derek Stein)

Question: I live within 500 yards of the point of entry where I go spearfishing. Does that mean that, according to section 7145, I can just keep my fishing license and lobster report cards at home since they’re within the 500-yard limit? I’m about 200 yards or so from the reef where I dive. (Raf C.)

Answer: Lucky you! When fishing and/or taking lobster, you are required to have your license and spiny lobster report card on your person or in your immediate possession. If diving from a boat, they may be kept in the boat, or if diving from shore, they may be kept within 500 yards of the shore (Fish and Game Code, section 7145(a)). In your case, if your license and report card are located 200 yards from shore (where you enter the water), then you’re OK. Don’t forget that prior to your dive you need to record the month, day, location and gear code on the report card. And when you return, you will have to fill in the number of lobster you kept from that location.


Hunting blinds on public property
Question: I am a hunter myself and while walking on a closed road recently, I noticed someone had built a hunting blind about 25-30 yards off the road with tarps, boards and sticks from the surrounding woods. Can a person legally build a hunting blind in the woods on public hunting grounds and then continue to fix it up to use each year? And if that blind is vacant and not being used, can the person who built the blind claim it as his own or is it first come first serve? (Anonymous)

Answer: It is not legal for someone to build a structure and then leave it on public land. That could be considered littering as well as destruction of public property if public resources are damaged in the process. Thus, your follow up question about whether the blind builder can claim ownership is a moot point.


Abalone diving with homemade snorkel
Question: I made my own snorkel using a flexible hose that is about five feet long. No air supplying motor or any device is attached to it. It’s just a long flexible hose with a check valve in it. If I use it while abalone diving, would I be in violation of any regulations? I am aware of the regulation prohibiting the use of SCUBA gear or surface-supplied air. (Chris L.)

Answer: Although this would be legal, using this type of snorkel would be very dangerous because you must be able to displace used air in your snorkel. You could be seriously harmed from breathing from a long snorkel because the air volume in the snorkel makes it difficult to displace exhaled air. Rebreathing used air can cause death or great bodily harm to a diver. This is why you do not see longer snorkels sold by dive shops.


Fishing in isolated ponds
Question: As our creeks dry up, ponds are formed, with some of them at the road culverts. Is it legal to fish these ponds with a pole, by hand or a dip net? (Jeanne G., Portola)

Answer: In intermittent streams like you describe, what appear to be ponds are actually isolated pools. Although not apparent during the dry season, water may still be flowing, out of sight, under the streambed surface. This is often called “intragravel flow.” Because a creek is still a stream and not actually a pond or lake, the same regulations for the stream will still apply. Fish can only be taken from these waters under the regulations currently applicable for that stream, including seasons, limits, methods of take, etc. To view the current sport fishing regulations for inland waters, please go to http://www.wildlife.ca.gov/Regulations or pick up a copy of the booklet wherever fishing licenses are sold.


Selling deer hides
Question: I’m a hide tanner and recently asked a butcher about getting deer hides from him. He was worried about giving them to me because he seemed to think that I would need to have a deer tag for every deer hide. Can you tell me what the legalities are concerning deer hides? I would like to make use of the hides that are being thrown away. Also, do you know of any deer hide sources for me? (David C.)

Answer: It is legal to buy and sell (or gift) lawfully taken deer hides (FGC, section 4303). The person receiving the hides is not required to have a hunting license or tag. However, it’s a good idea for both parties involved to keep records of the transactions to protect against false accusations that the hides were acquired illegally.

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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.

Legal Hitchhiking?

(CDFW Photo by Athena Maguire)

Lingcod hitchhiking on a rockfish caught on a shrimp fly (CDFW Photo by Athena Maguire)

Question: If I am using a legal shrimp fly rig to fish in California waters for rockfish and a legal-sized lingcod bites and holds onto an otherwise legal-sized rockfish, can I legally gaff and possess that legal-sized hitchhiking lingcod? I am assuming the lingcod has not been hooked in the mouth on my shrimp fly rig, but has merely bitten and held on to the rockfish all the way to the surface. Would this be legal? (James O. Peterson)

Answer: Yes. The take of “hitchhiking” lingcod with a gaff is legal as long as the fish is of legal size. Gaff hooks cannot be used to take or assist in landing any finfish shorter than the minimum sizes limit. Gaffs also cannot be used to take salmon, steelhead, sturgeon or striped bass.


What does new mandatory deer hunt reporting mean for hunters?
Question: I’ve noticed the California Department of Fish and Wildlife (CDFW) are now requiring all deer hunters to report their deer tags. Every person who is issued a deer tag must submit a report for the tag either online or by mail after the hunt, even if they did not hunt or did not harvest a deer. Does this new regulation mean that mandatory validation of all deer tags by an authorized individual is no longer the case? If not, why? Doesn’t mandatory reporting cover all circumstances, except for the poacher types? Given that we are required to participate in more and more validation reports, is it possible that down the line this information will be used to close a zone or severely limit tag numbers? Will more and more zones be transformed into draw only, such as what occurred with the B zone a few years ago? (Bill A.)

Answer: The reporting regulation did nothing to change validation requirements. Hunters have always been allowed to transport deer from the kill site to where it’s going to be validated and the tag must still be validated. Many folks are authorized to validate deer tags (see the current California Mammal Hunting Regulations booklet, pp. 2-13 for full list), but if one of those people are not available, the online reporting system will provide a number to at least prove that the tag has been reported.

According to CDFW Wildlife Programs Manager Craig Stowers, this is a harvest report (not a “validation report”). Successful deer hunters have always been required to report their take. However, due to hunter failure to report, tags picked up in the field and never sent in for processing, or even losses in the mail, we know darn well that we don’t get all the successful take reports.

Harvest information is an important component of population estimates, so you are partially correct in that this information is used to set tag quotas. California’s deer populations are stable, but given the high demand for tags, it is highly likely we will see more zones go to draws in the future. There is no system we could design and implement that will allow deer hunters to get any tag they want, whenever they want.

Here’s one example of how the harvest report system could help deer hunters: calculations of the hunter success ratios that so many hunters seem to use to make their hunt selections. Many hunters get tags they don’t use, but we used to include those hunters in the success calculations. This reporting system gives us a handle on that so we can provide tighter, better information than we ever have before.


Two anglers sharing one rod?
Question: If there are two guys with fishing licenses and they are fishing from shore, is it legal for them to share one fishing pole between them? If so, can both anglers continue fishing until they both get their limits of fish? (Kong C.)

Answer: This would be legal, but CDFW recommends that each angler have their own bags or stringers for the fish they catch in order to keep them separate. It is not legal for one person to catch their limit and then to continue fishing to help their friend get their limit. If each person keeps their own fish separate, there will be no confusion if asked by a warden to display the fish they’ve caught.


Eotech or red dot sights?
Question: Can I legally hunt deer in California with my Eotech Holographic sight on a rifle? Since it has a lighted dot but does not project a visible light outside of the viewfinder, I assume it would be legal but want to be sure. (Ken M., Redding)

Answer: As long as the sight does not emit a directional beam of light, then it may be used (Fish and Game Code, section 2005). The problem comes when a light is emitted out away from the rifle or bow sight to give the hunter what some would consider an unfair advantage over the game. A light might also substantially contribute to hunting before or after legal hours.

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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.

Sea Lions Are Eating All My Bait!

The increased abundance of pinnipeds has also resulted in a growing number of negative interactions with humans and incidents of property damage (Photo by Carrie Wilson)

California sea lions and Pacific harbor seals have been federally protected under the Marine Mammal Protection Act since 1972. The increased abundance of pinnipeds has also resulted in a growing number of negative interactions with humans and incidents of property damage (Photo by Carrie Wilson)

Question: Is there anything I can do to deter or discourage sea lions from eating all my crabbing bait? I know that seals and sea lions are protected under the Marine Mammal Protection Act but I’ve heard there are exceptions for recreational fishermen to deter them to prevent damage to private property, including gear and catch. What can I legally do to chase off these seals/sea lions or at least prevent them from chewing up my bait cages and hoop nets? Is it legal to shoot them with paintball guns? (Sam L.)

Answer: California sea lions and Pacific harbor seals have been federally protected under the Marine Mammal Protection Act since 1972, and thus harassing, capturing, killing or attempting to do so is prohibited and carries a hefty fine. According to the National Oceanic and Atmospheric Administration (NOAA), in recent years the populations of these animals have increased dramatically and are now considered healthy and robust.

Unfortunately, with the good often comes the bad – the increased abundance of animals has also resulted in a growing number of negative interactions with humans and incidents of property damage. People seeking legal methods for deterring marine mammals in order to protect their property, fishing gear and catch from damage by sea lions and seals can find recommendations and approved methods on NOAA’s website, http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/deterring_qa.html.


Shooting wrong deer
Question: If you are out hunting and shoot a spike by mistake, what should a person do? What kind of trouble could a hunter get into for that if reported to the California Department of Fish and Wildlife (CDFW)? (Steve C.)

Answer: If you shoot a spike deer by mistake, you should immediately contact your local CDFW office and/or your local wildlife officer to report it and explain what the situation was that caused the mistake. You may still be cited for wrongly harvesting an animal that you are not authorized to take, and if convicted you could lose your deer hunting privileges for the following year in all wildlife violator compact states. If you try to conceal the animal, don’t tag it, take it home or leave it in the field without field dressing it, you may be cited for additional violations that entail higher fines and penalties. And these actions could lead to an extended revocation of your deer hunting privileges in all Wildlife Violator compact states, or may lead to the revocation of all hunting privileges in California and all wildlife violator compact states.


Archery for quail
Question: I am planning on archery hunting for quail this year. Do the same laws from shotgun apply to archery? Does the quail have to be flying before shooting at it? Or if archery hunting, can the quail be standing on the ground or sitting in the trees? (John V.)

Answer: The early archery-only season for quail ended on Sept. 4, but using archery equipment generally allows you to hunt both during the archery-only season (listed under California Code of Regulations Title 14, section 300) and during the general season. Otherwise, the bag and possession limits are the same.

Whether to shoot the birds when flying vs. when they are standing on the ground or roosting in trees is not a legal question but rather an ethical decision that you must make. Under the widely accepted “fair chase” principles that most hunters abide by, shooting upland game birds or waterfowl under conditions other than when they are flying would violate this principal and be considered unethical.


Six months residency requirement
Question: If a taxpayer is considered a California resident for tax purposes and pays about $6000 a year in California income tax, plus California sales tax, but has lived overseas for part of the year, why can’t they purchase a resident fishing license until after they have physically resided in California for six months? Under fishing regs it would be legal to purchase a license in January, leave the country and return in 11 months and the California license is still valid within the same year. What is the point of this rule? (Bob R.)

Answer: While there are many ways the legislature could have defined residency, for purposes of purchasing hunting and fishing licenses, Fish and Game Code section 70 defines a resident as “any person who has resided continuously in the State of California for six months or more immediately prior…” to the date of application for a license or permit. The law also includes specific provisions regarding persons on active duty in the military and persons enrolled in the federal Job Corps. The purpose of this law is to provide criteria to establish residency for the purpose of purchasing hunting and fishing licenses.

According to CDFW License Program Analyst Glenn Underwood, the law does not say that you cannot leave California while you are a resident. However, if you live outside of California, your identification is based outside of California, or you buy resident licenses in another state or country, then you will not be able to purchase a resident California license. Many people attempt to purchase resident licenses in more than one state.

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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.