Tag Archives: spearfishing

If White-tailed Deer Stray into California, Can We Shoot?

White-tail deer (Photo courtesy of USFWS)

White-tailed deer (Photo courtesy of USFWS)

Question: If white-tailed deer were to migrate into California from Oregon or Idaho, could they be shot here on sight since there is no season or provision for that species? (Scott H.)

Answer:  No. Since Fish and Game Code, section 3950(a) defines deer as genus Odocoileus, which includes white-tailed deer, white-tailed deer can only be taken under the normal deer hunting provisions for the area in which it wandered.


Spearfishing in the Sacramento River
Question: I live in the Valley District and am wondering if it is legal to spearfish in the Sacramento River? I know there are carp, pikeminnow (squawfish) and western suckers. I’ve been searching online and many people say you can’t spearfish in any fresh water system, including streams, lakes and rivers. I have spearfished in the ocean but not in fresh water yet. I keep hearing different things from people regarding the spearfishing.

Also, is there any recommended equipment for spearfishing? Can homemade or custom-built equipment be legally used for spearfishing? I know the Valley District is only open for a short time (five months) for spearfishing. (J.T. Moua)

Answer: Spearfishing is allowed but there are some restrictions. First of all, please pick up a copy of the 2012-2013 Freshwater Sport Fishing Regulations booklet available free of charge at most stores or DFG offices that sell fishing licenses or online at www.dfg.ca.gov/regulations/. Section 2.30 (page 15) lists the only species that may be taken in the Valley District between May 1 and Sept. 15. For a description of the boundaries for the Valley District, please see section 6.36 (page 27). In addition, you may not spearfish in designated spawning areas. There are no specific definitions regarding the spears that may be used, so you may build your own or buy a custom made spear. For a definition of what regulations constitute spearfishing, please see section 1.76 (page 13).


How many hooks are allowed when sturgeon fishing?
Question: When fishing for sturgeon, how many hooks are allowed?

Answer: Only one single point, single shank, barbless hook may be used on a line when taking sturgeon.


When a sturgeon is accidentally caught on the wrong gear …?
Question: If a legal-sized white sturgeon is caught accidentally on a barbed hook (e.g. while fishing for striped bass), can it be legally kept as long as the angler possesses a sturgeon report card and tag? (Anonymous)

Answer: No, even if accidentally caught, barbed hooks are not an authorized method of take for white sturgeon. Thus, even legal-sized white sturgeon caught on a barbed hook cannot be kept.


What are the rules for sturgeon fishing from a boat?
Question: Once an angler on a boat has legally caught and kept a white sturgeon, must all anglers on that boat switch to barbless hooks?

Answer: No. However, for the rest of that day, the successful sturgeon angler must no longer fish for sturgeon and must immediately release any sturgeon that is accidentally caught.


Sand Souvenirs
Question: I am developing a souvenir that would contain granules of sand from California beaches. I would only require about a half-gallon of sand. Am I able to take sand from a beach and re-sell it as a souvenir to promote the state and its natural resources? (Paul K.)

Answer: Generally, beach sand is not protected by any California Fish and Game law. However, collection of anything (including beach sand) is prohibited in any park or other marine area that has a specific designation and protection in law. In addition, you may want to consider the corrosive nature of beach sand due to its salt content and other unsuitable qualities resulting from decomposition of biotics before using it in your souvenirs. You may find it more beneficial to purchase treated beach sand that is sold in small quantities at many stores that stock landscape and garden supplies.

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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.

Turning in Wasted Waterfowl

Mallard drake (USFWS photo)

Question: Last year during waterfowl season my son and I were hunting in a state wildlife area on a pond. As we were wading across the pond on our way out we found a dead duck on the edge of the pond. The bird had clearly been shot and in the water for perhaps a day or two. We picked up the bird and gave it to the Department of Fish and Game (DFG) folks at the check-out station when we turned in our shoot cards for the day and showed our harvested birds. We were told that since the bird was “in our possession” it counted toward our daily bag total. And since we had limited out, we were now over limit for the day. The folks acknowledged that the bird had probably been dead for a couple of days, but chided us that in the future we should just “let the dead bird lay there” because some animal will eat it eventually. We were not cited but we’re wondering if our behavior was illegal.

Answer: According to DFG Assistant Chief Mike Carion, picking up the duck does add it to the possession of the person. If you find a dead duck and already have a limit, it is best to leave it. Predators and scavengers will quickly put it to use.


Can lobsters be taken from inside San Diego Bay?
Question: Do you know if divers can take lobster within San Diego Bay? (Bob S.)

Answer: Fish and Game regulations do not specifically prohibit diving for lobster in San Diego Bay. However, much of the bay is closed to all public use (including diving) by local ordinances and federal regulations. Diving in these closed areas by the public for any purpose is prohibited. Please contact the San Diego Police Department or San Diego Harbor Patrol for specific information about these closures.


Purchasing a bow-mounted laser range finder
Question: I am an archery hunter and am interested in purchasing a bow-mounted laser range finder. However, the manufacturer’s website does
not list California as a state where this device can be legally used to hunt. The device I’m considering doesn’t emit a visible light so I am wondering what the DFG’s stance is on this before I make the investment into the product for hunting purposes. (L.C.)

Answer: Simple 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. (See California Code of Regulations, Title 14, section 353(i).)


Lead ammo for pistol in condor country?
Question: In the lead-free condor zone, can I carry a pistol that is loaded with lead ammo for self defense, with the intention of NEVER using it for hunting purposes? The purpose of carrying it is for self defense only. Of course I’ll be carrying lead-free ammo for my rifles, but I want to know about the side arm. Personally, I carry either a Glock 20 in 10mm or a Ruger 44mag. (Brandon C.)

Answer: You may not use or possess lead ammunition in the condor zone while hunting, even if you have no intention of using the lead ammunition to shoot wildlife. For more information on the non-lead requirements in condor country, please go to http://www.dfg.ca.gov/wildlife/hunting/condor/.


Is it legal to spearfish a marlin while diving?
Question: I had an argument with my friend over whether or not we could spear a marlin while diving. I know that you can’t spear broadbill, but I looked up the allowed fish that spearfishermen can take and the regulations don’t say anything about marlin (see Title 14 section 28.90). But my friend read that section and he said a broadbill is a marlin, so that means I can’t spear those fish. Is he right? (Anonymous)

Answer: It is legal to spearfish for marlin but not for broadbill swordfish – they are different species!

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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.

What To Do About Increasing Mountain Lion Attacks?

California mountain lion (DFG file photo)

 

Question: I am looking for some information on the seriousness of the apparent increase in mountain lion attacks in the news lately. There have been several incidents of bears attacking humans, and we have a bear season. I’m wondering if it might not be time to reconsider having a mountain lion season? I understand that more mountain lions are killed each year now with depredation permits than were ever killed with a mountain lion season.

What can you tell me about the population increase in mountain lions in California in the past 10 years or so? Would it require legislation to overturn the existing law? Would Department of Fish and Game (DFG) data support the need for such a reversal? (Bill T.)

Answer: It’s important to note that mountain lion (puma) attacks on humans are very rare. In the last decade, there have been only four confirmed attacks in California, three of which were nonfatal. Though you may be seeing more media coverage of mountain lion attacks on domestic animals, there’s no evidence that the number of these incidents is increasing. While DFG does not formally track the number of domestic animals killed by pumas, we do keep track of the number of depredation permits issued for problem mountain lions. The numbers of depredation permits issued and resulting pumas killed have actually been fewer in recent years, though (www.dfg.ca.gov/news/issues/lion/depredation.html).

According to Marc Kenyon, DFG’s Statewide Coordinator for Bear, Mountain Lion and Wild Pig Programs, keeping track of those permits is key. Since the original moratorium was placed on mountain lion hunting in California in 1972, DFG has been unable to assess the statewide puma population size in the traditional way (by inputting harvest numbers and age and gender ratios into statistical models). Researchers have attempted to develop indirect count methods over the years, but none have proven to be cost-effective with widespread applicability.

Hence, Kenyon relies on the annual number of depredation permits as an index to the statewide population size. It’s a logical assumption that as the number of permits decreases, so too does the puma population. He believes the puma population is following this index, and the population size is, in fact, smaller than it was 10 years ago. This trend in the puma population closely follows the trend in the statewide deer population, as depicted on DFG’s website (www.dfg.ca.gov/wildlife/hunting/deer/population.html). When viewing this website, note the similarity in the curves depicted on the graphs from the years 1972-2000, understanding that predator and prey populations traditionally cycle with a three to four year lag (the predators lag behind the prey).

The California Wildlife Protection Act of 1990 (Proposition 117) placed the current ban on puma hunting in California. According to the language in the Act, a four-fifths vote by both houses of the Legislature is required to approve any amendment to the Act. The Act further states (in Section 8): “Any amendment of this act shall be consistent with, and further the purposes of, this act…” which essentially means that no amendment shall reverse the Act’s intent. A 1996 ballot measure, Proposition 197, asked voters whether the specially protected status of the mountain lion afforded by Proposition 117 should be repealed and the species managed by the Fish and Game Commission like all other mammals. This measure failed with a vote of 58 percent opposed, 42 percent support.

It is difficult to answer your last question regarding the data supporting a need to reverse the legislation. We have data that documents puma densities in a few University-sponsored study locations throughout the state. We have puma depredation and public safety incident data. We have deer (prey) numbers throughout the years. We have habitat availability models. However, the amount of data needed to adequately support this type of legislative action is subjective. Kenyon says that he suspects any such proposal would be highly controversial.


Spearfishing rockfish and lingcod after dark?
Question: Can rockfish and lingcod be taken by spearfishing after dark? (Brian S.)

Answer: Yes, you may spearfish for rockfish and lingcod at night, except in San Francisco Bay (California Code of Regulations Title 14, section 27.56).


Is it legal to keep live wild pigs on private property?
Question: Are there circumstances under which a California resident can keep live wild pigs on their property? Where can I find a regulation that addresses this? (Mike A.)

Answer: It is not lawful for a California resident to possess wild pigs (Sus scrofa) (CCR Title 14, section 671(c)(2)(Q)). However, there is an exception for Sus scrofa domestica, also known as the domesticated pig one commonly sees on a farm (CCR Title 14, section 671(c)(2)(Q)(1)).

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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.