Tag Archives: taxidermy

Can a Private Boat Owner Be Cited for a Passenger’s Violation?

California Spiny Lobsters at San Clemente Island (CDFW photo by Derek Stein)

Question: I have my own boat and take friends out lobster fishing with me. I always make sure each person has their license and report card. I also make sure each person has their own bag and keeps each lobster they catch separate as they catch them. My question is, if the game warden finds a short lobster in one of their bags, am I held responsible as the boat owner or would the owner of that bag be responsible? Also, do boat limits apply when fishing for lobster? (Jerry E.)

Answer: Lobsters may be brought to the surface of the water for measuring, but no undersize lobster may be brought aboard any boat or retained. All undersize lobsters must be released immediately into the water (California Code of Regulations Title 14, section 29.90). If the bag or undersized lobster is claimed by any person aboard the boat, that person would most likely be issued a citation for possession of an undersized lobster.

If no one claims the lobster, the game warden can issue citations to everyone aboard the boat (joint possession). Or, since the boat is the property of the skipper, the skipper may be the only one cited because the undersized lobster is possessed aboard the skipper’s boat. Of course, prevention is the best solution, so if in doubt, set it free.

Sport fishing boat limits apply only to fin fish, not lobster. This means that once a lobster fisherman harvests the daily bag limit of seven, he or she may no longer fish for lobster.


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 www.dfg.ca.gov/wildlife/hunting/condor/.


Selling sturgeon eggs from a legally-taken sturgeon?
Question: If I catch legal-sized sturgeons with eggs, can I sell the eggs because I don’t eat them? (Byron M.)

Answer: No. It is illegal to sell any portion of a sturgeon or any fish taken under the authority of a sport fishing license (Fish and Game Code, section 7121).


Grizzly bear tooth
Question: I received a grizzly bear tooth amongst some of my grandfather’s possessions after he passed away. My grandfather grew up here in California and was an amateur geologist and never hunted, so I think he either found or purchased the tooth, although I have no proof. I was wondering if it is legal to possess or sell the tooth here in the state of California. I don’t want to break any laws. (Laura J.)

Answer: It is legal for you to possess it but you cannot try to sell it. The sale or purchase of any bear part in California is prohibited (FGC, section 4758 (a)). Even offering it for sale over the Internet is a federal violation that could make you subject to prosecution under the Lacey Act. You may possess the tooth or give it away, but you may not sell it.

Sounds to me like you have an interesting piece of California’s history, as grizzly bears are extinct in the state — Enjoy it!


Retrieving hoop nets with rod and reel?
Question: Is it legal to use a rod and reel as a retrieval device for a hoop net? For instance, I would connect an 18-inch hoop net to the line of my rod and reel (without hooks) and this would allow me to cast the net in order to better fish for lobsters from a jetty. Is this OK? (Jeff C.)

Answer: Yes, you may use a rod and reel as a retrieval device for your hoop net. You are not required to pull your net by hand, nor are you prohibited from pulling it using a rod and reel.

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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.

Luring Lobsters with Snacks?

California Spiny Lobster (CDFW photo by Derek Stein)

California Spiny Lobster (CDFW photo by Derek Stein)

Question: My friends and I are going to Catalina next weekend to dive for lobsters. We know we have to catch them by hand but are wondering if it’s legal to lure lobsters out of their holes by holding a piece of sardine or squid in your hand? (David C.)

Answer: Sure, you can give it a try, but I don’t know how successful you’ll be. The law says that skin and scuba divers may take crustaceans by the use of the hands only and may not possess any hooked device while diving or attempting to dive for them (California Code of Regulations Title 14, section 29.80). There is no prohibition against waving snacks in front of them.


Tagging sturgeon
Question: We are planning a sturgeon fishing trip on the Delta but want to check in first to find out what the new sturgeon tagging requirements are? I understand there have been some changes this year. (Anonymous)

Answer: As of Jan. 1, 2014, California sturgeon anglers are seeing a small change to sturgeon tags. Sturgeon anglers have been required to tag all retained legal-sized sturgeon for many years. In the past, the date, location and length of the fish caught were recorded on each tag. Now, in addition to legibly and permanently writing the date, time, location and length, the new tags require the angler to physically punch out the date and month printed on each tag.

The bag limit for sturgeon remains at one per day and up to three sturgeon per year. Failure to attach a properly filled out tag to a retained sturgeon is a misdemeanor violation.


Is licorice legal bait?
Question: My brother and I have two burning questions we have been wondering about. Is it legal to use licorice to fish with as bait? Also, we observed a man with a syringe injecting air into his bait worms so they would float off the bottom. Is this legal? (Marcus O.)

Answer: Processed foods, such as licorice, are legal under bait regulations for inland waters (found beginning in CCR Title 14, section 4.00). It is also legal to inject air into a fishing worm and many such kits are found at sporting goods outlets. This method can be a very effective way to keep a worm off the bottom of lakes with heavy bottom vegetation.


Practicing taxidermy
Question: I want to practice taxidermy and am wondering how I can get some animal hides to practice with. Would it be ok for me to purchase a hide from a tannery? If I do, will I have to just use game animals I take during hunting season? (Spencer)

Answer; As far as game animals, only deer hides can be purchased. The only other hides that can be purchased are hides from fur-bearers taken under the authority of a trapper’s license. Remember, California wildlife (even hides and body parts) cannot be legally bought, sold, traded or bartered.

You can practice on any carcasses you can legally possess (e.g. taken legally by another person who gifts it to you, carcass of non-game/furbearing mammals taken under depredation laws, domestic game animals, etc. In addition, you can also buy many hides from species not found in the wild in California from other states.


Must fishing license be carried while spearfishing?
Question: If I am spearfishing from the shore and return with my take, do I need to have my fishing license on my person or can it be in my car? (William H.)

Answer: Persons diving from a boat or shore may have their license on the boat or within 500 yards on the shore, respectively (FGC Section 7145).


Spotlighting for rabbits?
Question: If I am on my own property, can I hunt rabbits at night with a spot light? (John S.)

Answer: No. It is unlawful for any person, or one or more persons, to throw or cast the rays of any spotlight, headlight, or other artificial light on any highway or in any field, woodland, or forest where game mammals, fur-bearing mammals, or nongame mammals are commonly found, or upon any game mammal, fur-bearing mammal, or nongame mammal, while having in his or her possession or under his or her control any firearm or weapon with which that mammal could be killed, even though the mammal is not killed, injured, shot at, or otherwise pursued (Fish and Game Code, Section 2005(b)).

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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.

How to Keep Hunters from Hunting on Our Property?

Mule deer_Clear Lake_USFWS

Mule deer around Clear Lake (Photo courtesy of USFWS)

Question: Our church owns about 700 acres in the foothills of Northern California. We recently had someone shoot at a 6-point buck, wound it, and screech away off the property. We called the California Department of Fish and Wildlife (CDFW), who sent out a tracker. They followed the trail of blood but never found the wounded animal.

Meanwhile, we have many deer that reside on our property and we are vegetarians. We do not shoot the deer and they wander freely on the property. You can walk within maybe 20 feet of even these majestic big bucks and they won’t flee. We do not want people shooting the animals on our property.

The Fish and Wildlife person who came out told us it was legal for people to shoot the deer on our property unless we fenced it or posted signs (such as “POSTED NO HUNTING”) all over the property. Is this really true? For one thing, it isn’t even hunting season (with a firearm, which this was), and second, it’s private property and we’ve not given written permission to anyone to hunt on our property.

We also don’t want to post “NO TRESPASSING” signs because we welcome the public to visit our beautiful community with 85 homes and a number of businesses, including a school.

Can you help me understand what the law states, and what we must do to allow the public on our land but disallow hunting (and fishing) on our land? (Church Administrator)

Answer: Hunters do not need permission to hunt on private property unless the land is under cultivation, enclosed by a fence, or posted in accordance with Fish and Game Code, section 2016. This section requires that signs “forbidding trespass or hunting, or both are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering those lands,” and “signs may be of any size and wording that will fairly advise persons about to enter…that the use of the land is so restricted.”

If you would like to pursue trespassing charges (under Penal Code 602) against specific people who have entered the property for any reason, including without permission to fish or hunt, you can do so but the prosecutor generally wants the owner to state they will testify and also show that the suspect was already warned at least once.

Another law to be aware of is one that states “It is unlawful … to hunt or to discharge while hunting, any firearm or other deadly weapon within 150 yards of any occupied dwelling house, residence, or other building or any barn or other outbuilding used in conjunction therewith. The 150-yard area is a ‘safety zone’.” (FGC, section 3004).

You may need to take measures to discourage deer from becoming too comfortable on your property around humans because this makes them vulnerable to unscrupulous poachers. To do this, remove as many attractants as possible. If the deer are being fed, this is illegal (California Code of Regulations Title 14, sections 251.3 and 251.1). Also, by encouraging more deer to occupy your property than is normal, this may bring in some additional unwanted side elements (e.g. poachers, Lyme’s disease and mountain lions).


Throw nets to capture live bait
Question: I know round nets can be used to catch live bait like anchovies and smelt from piers, but I am not sure if there is a size restriction for the circumference on the net. I couldn’t find that info in the regs book. (Mike I.)

Answer: There is no size restriction on the circumference of a throw net used in ocean waters at this time. However, throw nets may only be used north of Point Conception (Santa Barbara Co.) and may only be used to take herring, Pacific staghorn sculpin, shiner surfperch, surf smelt, topsmelt, anchovies, shrimp and squid (CCR Title 14, section 28.80.)


Bringing mountain lions into California as “personal property”?
Question: A friend of mine told me that because mountain lions are not endangered or federally protected, that California cannot prevent a person who has taken one legally in another state from bringing it into the state as personal property. Is California blowing smoke? Thanks (Ken)

Answer: No, your friend is mistaken. Fish and Game Code section 4800, which was added to the code as an Initiative Measure (Prop. 117) in 1990, designates mountain lions as “specially protected” in California, and prohibits their possession or importation into the state. However, Fish and Game Code section 4800(b)(2) does allow for mountain lion possession if the owner can demonstrate the mountain lion was possessed prior to June 6, 1990.

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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.