Tag Archives: nongame mammals

Prohibited from Retrieving Deer from Private Property

Posted on September 27, 2012 by | Leave a comment

Mule deer (Photo courtesy of UDWR)

Question: I recently shot a doe with my A31 tag in Los Angeles County (Archery Only-Either Sex). It appeared to be a lethal shot from 22 yards with decent shot placement. I tracked the blood to a privately owned ranch 100 yards away. I stopped tracking it when it appeared she went onto the ranch property. I then approached the ranch manager to get permission to continue tracking my deer. The owner initially agreed but after one of her coworkers talked to her, she retracted her permission (approximately 10 minutes from the time we spoke in her office). She requested that we leave her property at once as she didn’t want people to think they approved of hunting. I didn’t have enough time to locate my deer and left broken-hearted.

I don’t like seeing animals die or suffer for no reason. I would never have shot if I would have known I couldn’t recover her. I believe I did everything legal and correct but it shouldn’t be right that a deer goes to waste because of the bias of a property manager.

Is there anything I could have done to recover my deer? Do I have any rights or is there anyone I could have contacted? I’m still sick over the situation. (Luke G., Loma Linda)

Answer: It’s unfortunate that this happened. Although the law prevents one from wasting the deer, the law does not permit the trespass to retrieve it. Perhaps, if you’d contacted the local game warden, they may have been able to contact the ranch manager or owner for some possible assistance to prevent the deer from going to waste.

According to Department of Fish and Game Lt. Todd Tognazzini, when archery hunting it is recommended to hunt farther from private property boundaries to avoid this type of problem as deer taken with archery usually travel farther after a lethal wound than those shot with a rifle. Tognazzini says he has never been refused when a fresh and legitimate blood trail is found leaving public land onto private property.

Live Mouth Bass for sale?
Question: I recently noticed an advertisement in the seafood section of our local Los Angeles Hong Kong supermarket newspaper where they are selling “Live Mouth Bass.” Is there really such a fish? The picture looks like they are largemouth bass. I didn’t think our precious game fish could be sold for food. If these are largemouth bass, is it legal to sell them in the market? (Doc H., Walnut)

Answer: I am not aware of a species called “live mouth bass.”  It is not legal to sell largemouth bass caught in the wild or under the authority of a sport fishing license. Often times the Asian markets have aquariums where they display live fish for sale. Largemouth bass can be sold if acquired from a private aquaculture facility with appropriate sales receipts.

Remote controlled boat
Question: I have a remote controlled boat approximately 36 inches long with a remote GPS and fish-finder system located on the boat. On the back of the boat there is a small box containing a baited hook. The hook is connected to a line with an attached weight. Once the boat is located in the area I’ve chosen, the line can be remotely deployed. The line (which can be as much as 2,000 ft. long) is also connected to the fishing pole I hold onshore. Once the line has been deployed, the boat is returned to shore. With a California fishing license, can I use this at lakes or at the beach? (Ron C.)

Answer: Yes, as long as the rod is hand-held or closely attended and the fish voluntarily takes the bait or lure. For a description of “angling” and the legal methods authorized for taking fish, please review sections 1.05 and 2.00 in the Freshwater Fishing Regulations booklet available wherever fishing licenses are sold or online at http://dfg.ca.gov/regulations/. Angling under this definition is not required in ocean waters.

Hunting predators when a bear responds to the calls
Question: If I am out hunting predators using a call, and it is during bear season, and I have a bear tag … if a bear comes in on the call, can I kill the bear?

Answer:Yes, unless they are electronic calls. It is unlawful to use any recorded or electrically amplified bird or mammal calls or sounds, or recorded or electrically amplified imitations of bird or mammal calls or sounds …to take game birds/mammals (Fish and Game Code, section 3012).

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 Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

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Posted in Freshwater Fishing, Hunting, Import/Export, Lines/Rods/Equipment, Regulations

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Any Difference Between Baiting vs. Attractants?

Posted on September 13, 2012 by | Leave a comment

The use of any substance (real or artificial) that is capable of attracting an animal to an area, and when used causes the animal to feed (on the substance), is prohibited. (Photo by Carrie Wilson)

Question: What are the differences between baiting and attractants? I know baiting is illegal but was curious about attractants. What qualifies something as an attractant? Can you please define and differentiate? (Josh L.)

Answer: There is no difference … bait is an attractant and an attractant is bait.

No specific definition is provided in Fish and Game laws for these terms, but the definition of “baited area” in the California Code of Regulations Title 14, section 257.5 is helpful.

It states in part: “Resident game birds and mammals may not be taken within 400 yards of any baited area. (a) . . . baited area shall mean any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed, or scattered . . . “

Under this regulation, the use of any substance (real or artificial) that is capable of attracting an animal to an area and when used causes the animal to feed (on the substance) is prohibited. Generally, aerosols sprayed into the air are permissible because there is nothing to feed on. But the same products applied to a surface (e.g. tree, brush, rock, etc.) where the animal licks, eats, chews, nibbles, etc. the surface is considered feed and is a violation.

In addition, intentional acts that disrupt any birds’ or mammals’ normal behavior patterns (CCR T14, section 251.1) as well as feeding big game mammals (CCR T14, section 251.3) are prohibited.

For the complete regulations, please go to http://dfg.ca.gov/regulations/ to find the California Mammal Hunting Regulations for 2012-2013.

Casting nets for catching own bait?
Question: I want to use a net to cast and catch my own bait rather than continue to buy bait at the stores. Is it legal to do so? I do most of my fishing in lakes and I see shads and minnows I would like to catch. I can’t seem to find any information on the website that relates to catching your own bait and if you could what are the sizes of the nets that I can use. Any information or alternatives in regard to this would really help. (Khanh Vu)

Answer: Unfortunately, the device you describe (commonly called a throw net, casting net or Hawaiian throw net) is not legal to use in freshwater. Approved baitfish may be taken only by hand, with a dip net, or with traps not over three feet in greatest dimension (CCR Title 14, section 4.05. In addition, possession of these nets in inland waters or within 100 yards of any canal, river, stream, lake or reservoir is a violation of state law (CCR Title 14, section 2.09).

Where does inland end and ocean begin?
Question: I would like to fish with two rods in the Delta but don’t know whether the regulations are in the freshwater books or in the ocean books. Is the Delta part of the ocean regulations or is it considered inland waters? Where does it change from ocean to inland if considered inland? (Brian S., Felton)

Answer: You can legally fish in the waters of the Delta with a second rod stamp. Inland regulations apply from upstream of the Delta to Carquinez Bridge. The definition of inland waters vs ocean waters is, “Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco and San Pablo bays downstream from the Carquinez Bridge, the tidal portions of rivers and streams flowing into San Francisco and San Pablo bays, and the waters of Elkhorn Slough …” (CCR Title 14, section 1.53).

Hunting with a 30-30 but dispatching with a .22?
Question: If I hunt deer with a 30-30 cal, can I carry a .22 pistol at the same time (not to shoot deer)? And if I wound a deer with the 30-30 cal, can I kill the wounded deer with the .22 cal? (John D., Ramona)

Answer: Yes, it is legal to carry a .22 caliber rimfire pistol while taking deer during an open rifle season. No, you may not kill a wounded deer with any rimfire cartridge (see California Code of Regulations, Title 14, section 353). If hunting in Condor Country, remember that your pistol ammunition must also be lead-free.

Non-lead Bullets for Squirrels in Condor Country?
Question: If I am a land owner or a land owner’s agent engaged in squirrel depredation in the condor area, do I have to use non-lead bullets? (John B.)

Answer: Yes, even if you are using rimfire ammunition to shoot nongame mammals, the use of projectiles containing lead is prohibited in the condor range. (California Code of Regulations, Title 14, sections 355 and 475.)

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

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Posted in Bait, Depredation, Firearms/Ammunition, Fishing, Freshwater Fishing, Uncategorized

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Can Gray Wolves Hybridize with Coyotes?

Posted on June 28, 2012 by | 1 Comment

Gray Wolf (Gary Kramer/USFWS photo)

Question: I have heard that the gray wolf that recently wandered into California has been “hanging out” with coyotes. I have also heard that wolves sometimes breed with coyotes and produce offspring that is half wolf and half coyote. Would such an offspring be protected under the endangered status of the wolf or open to hunting like a coyote? Either way, how would someone tell if the animal was 100 percent coyote or a hybrid? Thanks for any insight you can provide. (Jeff S.)

Answer:  We have been getting a number of inquiries regarding wolf-coyote hybrids after we observed and photographed the wolf known as OR7 in the company of coyotes.

According to Department of Fish and Game (DFG) Northern Region Wildlife Program Manager Karen Kovacs, genetic investigations have confirmed that wolves and coyotes have interbred elsewhere. In the Northeast, tests have confirmed that gray wolves and coyotes have interbred. However, there is no evidence to date that gray wolves reintroduced to the Rocky Mountain region have hybridized.

Also, wolves are known to kill and consume coyotes and several studies show that coyote populations decrease when wolves become reestablished in the same habitat. Remember, OR7 was documented near coyotes for only a short time. It would be speculation to suggest that OR7 was “hanging out” with them.

Coyotes in the Northeast that have wolf DNA are larger than average coyotes but clearly not as big as wolves. Coyotes on average weigh about 15-30 lbs; wolves 70-100 lbs. Coyotes are about 1.5 feet tall; wolves about 2.5 feet tall. Kovacs believes that a hunter is more likely to mistake a dog or wolf-dog hybrid for a wolf than confuse a wolf-coyote hybrid with a wolf.

Although gray wolves are listed under the federal Endangered Species Act, a wolf-coyote hybrid produced by one of those wolves would not be protected under that law, according to the U.S. Fish and Wildlife Service. Neither is currently listed under California’s endangered species act.

If coyote hunting in California, don’t shoot if you are in doubt of your target. If the animal doesn’t look 100 percent coyote, it’s more likely to be a domestic dog than a wolf or coyote-wolf hybrid. See our webpage for differences between coyotes and wolves. The size difference is pretty dramatic.

For all of the latest information on this lone gray wolf, please visit our website at www.dfg.ca.gov/wildlife/nongame/wolf/.

Mantis Shrimp
Question: What are the rules and regulations on the mantis shrimp? I accidentally snagged one with a hook and line and let it go because I knew nothing about it. I didn’t even know what it was until I got home and was able to research it. (Michael H.)

Answer: There are no specific regulations for these crustaceans, but they are protected by the general sport fishing regulations for all invertebrates and crustaceans (CCR Title 14, sections 29.05 and 29.80, respectively).  Invertebrates may not be taken by hook and line. Mantis shrimp can be taken in all ocean waters open to sport fishing, and everyone 16 years of age and older is required to have a fishing license. These feisty shrimp can be taken by hand, in a shrimp and prawn trap, or less likely but still legally, in a dip net or Hawaiian style throw net north of Point Conception (California Code of Regulations Title 14, sections 29.80(f), 29.80(i)). The bag limit is 35.

While these crustaceans may be legal to take by hand, please be extremely careful before trying to do so! According to DFG Environmental Scientist Jerry Kashiwada, this is an animal that should not be handled. Mantis shrimp have a front pair of appendages which look like a club, they open up like a switch blade knife and are sharp enough to cut through a neoprene dive glove. The movement is so fast, the person will not be able to react to avoid being cut.

Selling a taxidermy mount from another state
Question: I would like to get rid of a large bull elk mount that was given to me by an outfitter. I used the mount in my booth at sports shows, but I don’t do sports shows any longer. The elk was taken on a private ranch in Utah by another hunter. Is it legal to sell this mount in the state of California? (Joseph H.)

Answer: Unfortunately, even though the animal was legally taken in another state, it cannot be sold here. Game animals cannot be bought, sold, traded or bartered in our state if it is the same species that occurs here, regardless of where it was taken. Your best bet would be to contact a museum or service club to see if they might want it.

Gifting age limit
Question: If I want to gift abalone to a family member, is there a minimum age limit? (Bobby E.)

Answer: No. You are allowed to donate no more than one legal limit to anyone regardless of their age.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. While she cannot personally answer everyone’s questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

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Posted in Invertebrates, Licensing/Permits/Stamps/Report Cards, Taxidermy, Uncategorized, Wildlife Encounters

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