Tag Archives: nongame

Slingshot Hunting

Slingshots may only be used to take nongame birds and mammals, and jack rabbits are not included in that list (USFWS photo).

Question: I have been searching for any regulations specifically regarding slingshots but have found no clear reference to them within the Department of Fish and Game (DFG) hunting regulations. As written, slingshots are not a legal method of take for any game. Yet there are inferences that under certain sections, such as Fish and Game Code, section 4186, that a slingshot would be considered a legal method of take. Further, varmints such as jackrabbit and ground squirrel do not fall under the regulations for fur-bearing mammals. I have not been able to find any source of reference on the DFG website or credible interpretation of the regulations by any warden or lawyer. Can you please provide clear references relating to the use of a slingshot for taking any game or non-game animals? (Ron Rios, Jr.)

Answer: Slingshots may only be used to take nongame birds and mammals (California Code of Regulations Title 14, section 475). However, the only nongame birds that may be taken by any method are English house sparrows and starlings (FGC, sections 3800(a) and 3801). There is also a crow hunting season, but crows may only be taken by shotgun, falconry or archery (CCR Title 14, section 485). Common nongame mammals (“varmint” is not a term used in Fish and Game law) that may be taken include coyotes, bobcats, opossums, ground squirrels and orange-belly marmots. Take of bobcat requires possession of a bobcat tag (CCR Title 14, section 478.1).

Rabbits and tree squirrels are game mammals, and their take with a slingshot is illegal. Nongame mammals are those species not otherwise categorized in the law as resident small game (CCR Title 14, section 257), big game (CCR Title 14, section 350) or fur-bearing mammals (FGC, section 4000). The complete Fish and Game Code is available online at: http://dfg.ca.gov/enforcement/.


Keeping lobsters whole for the trip home?
Question: Is it true that spiny lobsters must be kept whole (and not tailed) until brought into our home and ready for immediate consumption? That’s what I just heard but I thought they just needed to stay whole until they could be brought ashore so that size can be determined. That’s what we’ve always done. Is it OK to tail them once ashore? (Jim A.)

Answer: No. Lobster must remain in a whole, measurable condition, until being prepared for immediate consumption (CCR Title 14, section 29.90(e)).


Who is authorized to take nongame animals causing property damage?
Question: In one of your recent columns, you stated that property owners or their tenants or agents do not need a hunting license to shoot nongame mammals that are doing crop damage on private property. What is the definition of an agent? We can get a license from a large local alfalfa ranch to shoot Belding ground squirrels. They will even give us .22 shells. Do we also need a California hunting license? My grandson is coming next month and he has no license. (Ken K.)

Answer: Nongame animals causing crop or property damage do not require a depredation permit to be taken by the landowners and/or the specific people they have designated to work on their behalf to eliminate the offending animals. On public land, or in situations where the take is not for depredation by a landowner or agent, a hunting license is required.

Special precautions should be taken to ensure that any animals causing property/crop damage are not endangered species. If someone shoots/kills an endangered species, they will have to have evidence of the property damage or face significant fines and penalties.

In order to be considered an “agent” of the landowner, you will need written documentation from the landowner stating you are taking the nongame mammals on his or her behalf for depredation purposes. This will serve as proof that you have permission to be on private land and will eliminate the need for a hunting license. If you are in condor country, be sure to use non-lead ammunition. For more information on requirements for non-lead ammunition, please go to http://www.dfg.ca.gov/wildlife/hunting/condor/ .


Can game wardens 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 game wardens can now scan people’s California driver licenses (CDL) to verify the purchase. Is this true? (Rick B.)

Answer: No, you are 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 game warden who asks (FGC, section 2012). DFG game wardens do not carry CDL scanners.

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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.

Can wild turkeys be planted on private property?

Domestically raised turkeys cannot be released as wild turkeys (Photo by Carrie Wilson)

Question: Is it possible (and legal) to purchase live wild turkeys to turn loose on my property to see how they do? Is there any law against buying live wild turkeys inside California or outside the state and having them shipped here? (Jarrod D., Sanger)

Answer: There is nothing illegal about selling or purchasing domestic poultry sold as wild turkeys. However, it is not legal to release into the wild turkeys that have been domestically reared for propagation or hunting purposes. Only wild turkeys trapped from the wild by the Department of Fish and Game (DFG) may be released into the wild (California Code of Regulations, Title 14, section 671.6).

In addition, no person having possession or control over any wild animal legally imported under the provisions of this chapter shall intentionally free, or knowingly permit the escape, or release of such animals, except in accordance with the regulations of the commission (Fish and Game Code, section 2121).

According to DFG upland game bird and turkey expert Scott Gardner, aside from the fact that you cannot legally release domestically reared turkeys onto your property, biologically, no matter what the turkeys look like, if they were domestically hatched, they are domestic birds. Upland game birds imprint immediately on their hen, and without her they will not learn the skills to be wild. Domestically reared birds will not survive and don’t even know to take cover.

Bottom line … domestically reared birds released on a landowners’ property will not result in the wild turkeys that they are trying to establish.


How to transport a rifle on a motorcycle?
Question: What is the correct and legal way to transport a rifle on a motorcycle? Can you clarify? (Frank L.)

Answer: A motorcycle is a vehicle and the laws governing possession of loaded shotguns or rifles in a vehicle apply the same as if you are in a car or truck. According to Lt. Todd Tognazzini, if you are in a legal hunting area on a way open to the public or other public roadway, Fish and Game Code Section 2006 prohibits an unexpended (live) round in the firing chamber. If you are on a public highway (whether paved or not), then Penal Code Section 12031 applies which prevents ammunition from being attached to the firearm such as in the magazine. For more complete information on the requirements for transporting firearms with vehicles, please review page 47 of the 2009-2010 Mammal Hunting Regulations Booklet and the California Firearms Laws Summary booklet put out by the Office of the Attorney General at http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf


Hazing nuisance seals and sea lions with paint balls?
Question:If I am fishing and am continually harassed by seals and sea lions, is it lawful to shoot them with a non-lethal paint ball? (T. Jay D.)

Answer: DFG does not manage or regulate interactions with marine mammals. 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 Web site at http://www.nwr.noaa.gov/Marine-Mammals/Seals-and-Sea-Lions/Deterring-Pinnipeds.cfm. And yes, paint balls are an approved method that may be used under certain conditions, but please read the NOAA information before doing so.


Are hunting licenses needed for nongame animals?
Question:I have out-of-state friends who would like to shoot Belding’s ground squirrels on a private ranch. Since Belding’s squirrels are a rodent and a nongame animal, do they need non-resident hunting licenses? (Don S.)

Answer: The recreational take of any wildlife including nongame mammals such as ground squirrels would require your friends to obtain a non-resident hunting license. They could purchase a two-day license valid for everything except big game for $41.20, or annual non-resident license. Nongame mammals may be taken without a license if the animals are injuring growing crops or other property (Fish and Game Code, section 4152). The authority to take nongame mammals without a license under these conditions applies only to the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. She cannot personally answer everyone’s questions but will select a few to answer in this column each week. Contact her at CalOutdoors@dfg.ca.gov.