Tag Archives: mollusks

Moving Turtles and Other Wildlife Due to Drought

Red-eared Slider - Trachemys scripta (CDFW photo by Dave Feliz)

Red-eared Slider – Trachemys scripta (CDFW photo by Dave Feliz)

Question: I live in San Luis Obispo and have a quick question regarding relocating three baby turtles. My wife and I have visited this small pond for quite some time, and due to the drought we are afraid that the turtles will die due to the pond getting smaller and smaller. We know that the California turtle is in danger to become extinct due to the red-eared turtle influx here in California. I need to know if I need a permit to move them off of state land. (Kevin M., SLO)

Answer: While it’s natural to want to help, moving animals is not only illegal, it is potentially detrimental, and your good intentions could have very bad consequences. According to California Department of Fish and Wildlife (CDFW) Statewide Amphibian and Reptile Conservation Coordinator Laura Patterson, many animals, including some turtles, have a natural homing instinct and will not stay where they are transplanted. They may be carrying diseases or parasites that could impact the animals at the release site.

In addition, transplanted animals may be genetically different, and interbreeding with the existing population could produce offspring less adapted to local conditions. At the very least we know that in times like these with very limited resources, they will now compete with the animals already existing at the site, resulting in even worse overcrowding and potentially lowering survival and reproductive success even more than would have happened from the drought conditions.

By law you can take only non-native turtles with a California sport fishing license (California Code of Regulations Title 14, section 5.6), but release into the wild or relocation of an animal (native or non-native) requires a permit from CDFW. In the case of aquatic turtles, the law says it is unlawful to place, plant or cause to be placed or planted, in any of the waters of this state, any live fish, any fresh or salt water animal, or any aquatic plant, whether taken without or within the state, without first submitting it for inspection to, and securing the written permission of, the department (Fish and Game Code, section 6400).

The situation you describe is very unfortunate, but all of California is experiencing a severe to exceptional drought, and many ponds and creeks have already gone dry or are expected to dry by summer’s end throughout the state. This is affecting the state’s wildlife, including many native species that are listed as endangered or threatened under state or federal law.


Abalone and scuba gear?
Question: If I’m out spearfishing with scuba gear, can I leave the scuba gear in the boat to also free dive for abalone? (Anonymous)

Answer: No. Sport divers are prohibited from using scuba or other surface-supplied air equipment to take abalone, and they cannot possess abalone on board any boat, vessel, or floating device in the water containing scuba or surface-supplied air. There is no problem transporting abalone and scuba gear together while on land. Divers working from boats, kayaks, float tubes or other floating devices who wish to use scuba equipment to spear fish or harvest sea urchins, rock scallops or crabs of the genus Cancer, will need to make a separate trip for abalone.


Shooting across a public road with a bow and arrow?
Question: The law says that you cannot shoot across a public road with a firearm or hunt within 150 yards of another home or building without permission, but what about archery? What about target shooting with archery? If there is no law in your community, or unincorporated area of a county that prohibits or limits use of archery, and you want to shoot archery for target practice, does the same distance law apply? (James S.)

Answer: The same rules for firearms apply to archery equipment in this case – you may not shoot across a road or within 150 yards of a neighbor’s home, barns or outbuildings – even if just target shooting (Fish and Game Code, section 3004). In addition to shooting across a roadway, this section also makes it unlawful for any person to intentionally release any arrow or crossbow bolt over or across any public roadway open to the public in an unsafe manner. Beyond this, different counties and communities may have more restrictive ordinances that they enforce so you should check with your local law enforcement office for this information.

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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.

Why No Abalone Diving/Picking Before 8:00 a.m.?

Abalone free diver (Photo by Ken Bailey)

Abalone free diver (Photo by Ken Bailey)

Question: Why are abalone divers and pickers now required to wait until 8:00 a.m. to begin? Can divers still go spear fishing at the normal legal start time or take early morning photos, then switch over to abalone diving at 8 a.m.? (Anonymous)

Answer: The new 8:00 a.m. start time is an abalone conservation measure. It reduces the number of low-tide days people will be able to take abalone by rock picking (searching amongst rocks for abalone at low tide). During the spring, many low tides occur much earlier than 8:00 a.m.

This regulation change originated from the concerns of wardens who were witnessing large numbers of fishermen coming each and every low tide and taking large numbers of abalone. In addition to all the legal-sized abalone being taken, people were removing numerous undersized abalone while trying to find legal ones. Because undersized abalone often do not survive being removed and returned, they are likely to die. Thus, the impact on the fishery when this happens is probably much greater than the estimated legal catch (over 200,000 abalone annually in recent years).

Some people were also using the dim light before dawn to hide illegal activities. Wardens believe the later start time will aid them in enforcing regulations by moving early morning abalone fishing activities to hours with better daylight. The effect of the new start time on total catch is uncertain because people could shift to later hours or the days with low tides after 8:00 A.M. Although there may be a reduction in overall take based on the 8:00 A.M. start time, the increased enforcement benefit is clearly going to assist with compliance of the regulations. Once the data from the change has been analyzed, CDFW will be able to evaluate what the overall benefit to the abalone resource was.

Divers wanting to go out before 8 a.m. to spearfish or do underwater photography can do this as long as they don’t have the means of taking abalone or are searching for abalone before the official state time. If their activities appear to a warden to be taking or searching for abalone before 8 a.m., then they can be cited.

Abalone pickers

Wildlife Officers watch from the bluffs for violations by abalone divers and pickers (Photos by K. Joe)


How to stop people who are not obeying the rules?
Question: I was watching two boys catch a lot of trout (at least 40) and they were handling these fish after landing them in the dirt. They would pick and choose which ones to keep and throw back the small ones, most of which soon died. I was appalled by their lack of respect and sportsmanship, and when I approached their father his reply was, “Who are you to say how many we have? We don’t have a full basket!” The last time I needed to call law enforcement to this county park they couldn’t find the park until after the offenders had left. How can we stop these types of people from ruining the opportunities for others? (Gerry)

Answer: The best thing you can do is to record as much information about the location, situation and descriptions of people and the vehicle(s) they are driving (including make, model, color and license plate number). Provide all of this information at your earliest convenience to our CalTIP hotline at 1-888-334-CalTIP(2258). Leave a message if need be, with contact information, and a warden will receive this information. If officers are in the area when you call, they will come. If they are not able to arrive in time to catch the people who are breaking the laws, they will be aware of the situation and looking for the offenders the next time around.


Problems with crows and ravens – depredation permit an option?
Question: Why is there such a limited season on hunting crows? I suspect they are covered under the Migratory Bird Treaty Act, but they are a nuisance species. I run into a number of landowners who have problems with crows with regards to crop damage, etc. Many of these landowners say that based on size, they also have ravens which are also damaging. I know there is a crow hunting season, but what about ravens? I also know “corvids” are very problematic predators for song birds and marbled murrelets on the coast. Can landowners get a depredation permit for either species, and if so, where? (Patrick R., Santa Rosa)

Answer: You just missed the hunting season for American crows, which runs from Dec. 7 through April 9. Ravens cannot be hunted. The regulations allow for landowners to destroy (shoot) crows that are damaging farm fields or other crops (CCR Title 14, section 472(d)).


Lifetime license holder moves out of state
Question: If, while a California resident, I purchase either a lifetime fishing or hunting license, will that license still be valid if I subsequently establish residency in another state? (Greg L., Mission Viejo)

Answer: Yes. You must be a resident to purchase the license, but after it is purchased, it will be valid for use in California for the rest of your life, regardless of where you reside.

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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.

Collecting Marine Invertebrates for a Home Aquarium?

Octopus with shrimp peering out from inside a reef at Anacapa Island (CDFW photo by Derek Stein)

Octopus with shrimp peering out from inside a reef at Anacapa Island (CDFW photo by Derek Stein)

Question: What are the explicit regulations concerning the collection of live marine organisms for use in a personal marine aquarium? I am interested in collecting octopus. From what I understand, live fish are not to be taken under any circumstances. But it seems that some other organisms are allowed as long as they do not come from a protected area. I am a marine biology student who wants to have a simple native “tide pool type” of aquarium for my own personal delight. I do have a California sport fishing license. (Cristiana A.)

Answer: Octopus may be collected for a home aquarium and transported live under the authority of a sport fishing license as long as they are exclusively for that person’s personal aquarium display. Maintaining live sport-taken octopus in a home aquarium is not considered public “display” and thus does not fall under the provisions of the marine aquaria pet trade (Fish and Game Code, sections 8596-8597). Transporting live “finfish” (as opposed to mollusks and crustaceans) is prohibited (California Code of Regulations Title 14, section 1.62).

Invertebrates collected under the authority of a sport fishing license may not be used to establish breeding colonies for sale or trade with other people. Any trading, selling or possession for sale or trade of these animals constitutes commercial marine aquaria pet trade activity and requires all parties to hold “marine aquaria collectors permits” authorizing this practice. A marine collector’s permit is also required for any animals on display for the public.

People collecting live marine invertebrates for a home aquarium may do so only under the authority of a sport fishing license, and only those species allowed under a sport fishing license may be taken. In addition, any species with sport fishing restrictions (e.g. bag, size, possession, season limits, methods of take, etc.) are still covered under those regulations, and so collectors must also abide by these laws.


Number of rods to land last fish?
Question: When legally fishing with two rods and you are one fish shy of your limit, can you still fish with two rods or do you need to cut back to just one for the final fish to fill your limit? (Neil M.)

Answer: You can keep using both rods until you get your limit.


Are premium deer tags becoming unrestricted?
Question: I have a question about premium deer tags. When reading the California Department of Fish and Wildlife (CDFW) definition of what determines if a tag is premium, it is very clear and I understand it. What I have not found is information that clarifies the procedure for a premium tag becoming unrestricted. If a tag is premium and the quota does not fill on or before the first business day after July 1, does it become an unrestricted tag the following year? That would make sense, however, when I look back at the drawing statistics in past years I have noticed it is not always what happens. As an example, A22 was a premium tag from 2003 through 2008 even though most of the 1000 tags were left over each of those years. In 2009 it went back to unrestricted. This year A22 and A31 were premium and did not fill in the drawing. Will they still be premium next year? (Steve B.)

Answer: Under the current regulations:

  • A Premium Deer Hunt is any hunt where the quota filled on or before the first business day after July 1, of the previous year.
  • A Restricted Deer Hunt is any hunt that filled on or before the first business day after August 1 of the previous year.
  • An Unrestricted Deer Hunt is any hunt that did not fill on or before the first business day after August 1, in the previous year.

The examples you provided occurred before the current regulations were adopted. The tag classification regulations that we have now where adopted in the 2009 big game drawing season.

This year, the deer tag quotas for A22 and A31 both filled on July 2, which is the first business day after July 1, so A22 and A31 will remain premium tags next year. The date in which a deer tag fills is the determining factor of which classification a tag is listed under, not whether the tag quota fills in the drawing or not. With this in mind, hunters need to pay close attention to which classification their tags are listed in each license year.

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.