Tag Archives: Licenses

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.


Importing Rattlesnakes to Sell as Exotic Meats?

Western Rattlesnakes cannot be imported or sold in California (photo courtesy of Pete Walker, Colorado Parks and Wildlife)

Western Rattlesnakes are native to California and so cannot be sold or imported into the state (photo courtesy of Pete Walker, Colorado Parks and Wildlife)

Question: I have a business where I sell different types of exotic meats for human consumption. If legal to do, I would like to offer the meat of the following species of rattlesnakes: eastern, western and prairie rattlesnakes. I know I cannot bring western diamondbacks into the state, but are there any restrictions to selling eastern diamondbacks and prairie rattlesnakes from Montana in California? What about selling rattlesnake sausages and rattlesnake cakes made in Colorado? Can I sell processed food in California or is there a restriction? (Anshu P.)

Answer: There are no restrictions in California Fish and Game laws against importing and selling the meat of any species of reptile or amphibian that is not found in the wild in California, as long as they are not otherwise prohibited by federal law. For a list of species found in the wild in California, please go to www.dfg.ca.gov/wildlife/nongame/list.html.


Lobster hooping?
Question: I understand from the regulations that if hoop netting from a kayak, you need to keep your license and card with you. However, if you are scuba diving, you can keep it in your car 500 yards away. I want to hoop from land, but most likely I will have to swim or get wet at certain areas. Can I also keep my license in my car or do I have to bring it with me? (Ping Lee)

Answer: When a person is diving from a boat, the license may be kept in the boat, or in the case of a person diving from the shore, the license may be kept within 500 yards on the shore (Fish and Game Code, section 7145(a)). Therefore, the Fish and Game law that allows the license to remain in the vehicle is specific to a person who is diving from the shore and within 500 yards of the vehicle. Under all other circumstances, the law requires you to have your license in your immediate possession.


Bluegill for bait?
Question: I have had some discussions with other fisherman over the use of bluegill for bait in the body of water it was caught in. I can’t seem to find anything on the website this year pertaining to using them for bait. Am I looking in the wrong area? Have the regulations changed? Please lend us a hand with some info because we don’t want to fish out of our limits. Thanks a million and tight lines to you. (Randall S.)

Answer: California sportfishing regulations for freshwater generally prohibit using live or dead finfish for bait. Although certain species of finfish may be used in the waters where taken, bluegill may only be used in the Colorado River District (see California Code of Regulations Title 14, section 4.15(a)) and portions of the Valley and South Central Districts (see CCR Title 14, section 4.20(d)). See sections 4.00 – 4.30 in the Freshwater Sportfishing Regulations for a complete listing of fish that may be used for bait, and keep in mind that bluegill are sunfish pursuant to CCR Title 14, section 1.77. The regulations are available online at www.dfg.ca.gov/regulations/.


New big game fund-raising random drawing tags?
Question: What’s the latest on the special big game tags this year? Will any new tags be available via the random drawing system? (George S., Modesto)

Answer: Yes! Hunters can apply for four different fund-raising random drawing tags. These tags raise funds needed for vital wildlife conservation programs.

According to California Department of Fish and Wildlife (CDFW) Big Game Program Analyst Lai Saechao, the 2013 fund-raising random drawing tag for bighorn sheep will be valid in two hunt zones. The hunter will have a choice between the Marble/Clipper Mountains or the South Bristol Mountain hunt zones. In addition, Dry Creek Outfitters has offered free guide services to the winner of the Fund-Raising Random Drawing Bighorn Sheep Tag.

Also available, one open zone deer tag which allows the hunter to hunt during the authorized season dates of any deer hunt, using the specific method and meeting any special conditions of the tag for that hunt. There’s also an Owens Valley elk tag which allows the hunter to hunt in any of the Owens Valley zones (Bishop, Independence, Lone Pine, Tinemaha, Tinemaha Mountain and Whitney) with any legal method. Last but not least, a Northeastern California antelope tag will be valid in the Mount Dome, Clear Lake, Likely Tables, Lassen, Big Valley and Surprise Valley zones with any legal method.

Opportunities to apply for these four fund-raising random drawing tags are available to all interested hunters. Hunters can now apply at any CDFW license sales office, through license agents or online at www.dfg.ca.gov/licensing/ols/. Hunters may also apply for these fund-raising random drawing tags at the CDFW booth at the Fred Hall Shows in Long Beach and Del Mar next month.

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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.