Category Archives: Methods Of Take

“Butterflying” a Legal Alternative to Traditional Filleting?

Only certain ocean fish are allowed to be filleted at sea. Check section 27.65 (c) in the Ocean Fishing Regulations booklet

Only certain ocean fish are allowed to be filleted at sea. Check section 27.65 (c) in the Ocean Fishing Regulations booklet

Question: As an alternative to traditional filleting, some people will do what they call “butterflying.” This is where fish are filleted but the cut is not completed leaving the fillet connected to the skin and the skin attached to the carcass. Is that technique legal for striped bass and sharks? I believe it’s not permissible to fillet greenlings and cabezon at sea. That is where I have seen this done in the past by deckhands that want to be able to make a buck filleting onboard without violating the regs. The patron just pulls the pieces apart when dockside to separate the fillet from the remainder. I just want to see if perhaps further clarification directly to the individual might help them, should they be a deckhand checking to see if there is some means of cutting fish at sea. This might be worth running by a warden to be sure that the butterfly trick is legit. (John B.)

Answer: It is illegal to possess fish on a boat in such condition that the size and species cannot be determined (Fish and Game Code, sections 5508 and 5509). Fillet laws allow for the fillet of certain species as sea (under California Code of Regulations Title 14, section 27.65) consistent with identification requirements specified in the rule (such as retention of attached skin patches or the entire skin of a rockfish). Other than the provisions allowing for the fillet of certain species, no one should jeopardize the ability to identify the species and size of ocean fish. Striped bass, sharks, greenlings and cabezon may not be filleted at sea. So, if the person filleting your fish at sea, while rolling back and forth, makes a mistake and removes the whole piece of skin, you would be in violation. To be safe, the butterflying can occur once the fish are landed.


Determining when and where a gun is considered “loaded”?
Question: Please clarify the definition of “loaded” that you gave in your column: “Live round in the chamber.” Is it okay to have the clip or magazine loaded if there’s no round in the chamber? (Will B., Palmdale)

Answer: This is a classic example of the answer depending on where you are and what activity you are engaged in. Loaded gun laws applying to vehicles on roads open to the public have changed over the years, and there are differences in the definitions of loaded between the Fish and Game Code and the Penal Code. Long guns are considered to be loaded “when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine” (FGC, section 2006). Under the Penal Code, a firearm is also considered to be loaded if there is a round in the magazine that can be loaded into the firing chamber with the firearm’s action.

So if you are in a vehicle along a public roadway while hunting, the Fish and Game Code does not prohibit rounds in the magazine of the rifle or shotgun, but rounds in the firing chamber would violate Fish and Game Code section 2006. The situation is different when you’re not hunting though. The Penal Code treats a firearm as loaded when a round is in the magazine, and Penal Code section 25850 provides that “a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.”


Fishing with live minnows purchased at a bait shop?
Question: I know it’s illegal to move live finfish, so how can it be legal to use live minnows purchased from a bait shop for sport fishing in inland waters? (Mike R.)

Answer: It depends upon what area of the state the minnows are purchased in and where they are used. The term “minnow” often refers to many different species of small baitfish, some of which belong to the minnow family. Some lakes no longer allow the use of live bait due to possible water contamination (quagga or zebra mussels) in the water containing the bait fish. Depending upon where in the state you plan to use the minnows and, more specifically, which species of minnow (e.g. longjaw mudsucker, fathead minnow, Mississippi silverside, etc.), you will need to check the appropriate baitfish regulations that apply to the specific waters where you intend to fish. Please check sections 4.00 – 4.30 on pages 16-18 in the 2016-2017 Freshwater Sport Fishing Regulations handbook for these regulations.

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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.

Importing native snakes to control ground squirrels?

California Ground Squirrel (USFWS photo)

California Ground Squirrel (USFWS photo)

Question: We have a small orange grove in Ventura County that has been overrun by ground squirrels in the past few years. Is there any legal method of “importing” king snakes or gopher snakes onto our property to help control the squirrel population? (Darrell J., Ventura County)

Answer: Unfortunately, we don’t allow the release or relocation of snakes into the wild without specific authorization, and at this time we do not allow it for bio-control such as you are requesting. According to CDFW Amphibian and Reptile Conservation Policy Coordinator Laura Patterson, “We’d have to evaluate what else they may eat that could be sensitive, make sure they’re disease-free and that they are genetically similar to the local snakes.”

If the property where you live is hospitable, we’d assume you have gopher and king snakes there already. However, if they’re not currently there, perhaps the site is just not suitable for them. These snakes naturally occur in most places where the habitat and prey sources can support their survival.

The only circumstances in which we might allow snakes to be relocated would be if there was a development nearby, and the snakes would otherwise be killed by construction. In a case like this, we might allow them to be relocated to another property nearby.


Hunting on property not posted with “No Hunting” signs?
Question: Can I hunt on property that is fenced but not posted with “No Hunting” signs without specific permission from the landowner? (Anonymous)

Answer: No, it is unlawful to trespass onto fenced property for the purpose of discharging any firearm or taking birds or mammals without the written permission of the landowner or other authorized person.

Fish and Game Code regulations specifically state that if property is owned by another person and is either under cultivation or enclosed by a fence, you need written permission (Fish and Game Code, section 2016). This law also applies to land that is not fenced or under cultivation but is posted with no trespassing or no hunting signs. A simple guideline is to respect crops, fences and signs, and in any other circumstance that makes you wonder about hunter access, seek out the landowner and ask for permission. In cases involving publicly owned property (game refuges, state wildlife areas, etc.), specific written permission may or may not be required.


Sea urchin sport harvesting?
Question: I’m looking for confirmation regarding the recreational take of sea urchins. Is it correct that they can be taken with a California sport fishing license as long as they are not taken in marine protected areas? Also, that the daily limit is 35 urchins and size does not matter so I will not be required to carry a measuring gauge like with abalone diving? Is all of this correct? (Dan L.)

Answer: Yes to all above. Sea urchins are legal to take in California with a sport fishing license. The season is open year-round for all species of urchin. The limit is 35 urchins per day/in possession and there is no size limit (California Code of Regulations Title 14, section 29.05). Sea urchins can be taken only on hook and line or with the hands (CCR Title 14, section 29.10). These regulations can be found in the Ocean Sport Fishing Regulations booklet, along with the marine protected areas in California that are closed to the take of sea urchins.


Why can’t hunters buy extra preference points?
Question: I’ve noticed in other states that hunters are allowed to buy preference points. Why can’t hunters in California buy extra preference points like elsewhere? (Noel)

Answer: The California Department of Fish and Wildlife (CDFW) does allow hunters who do not wish to apply for a premium hunt in a specific year to essentially “buy” a preference point by applying in the drawings for a preference point. These are only for deer, elk, antelope or bighorn sheep. Hunters can only obtain one point per year and cannot obtain points for previous years in which they did not apply.

According to Tony Straw from CDFW’s Automated License Data System Unit, CDFW’s Modified Preference Point System was established to reward persistent, unsuccessful applicants and provide a predictability of when a hunter will be drawn for their premium hunt choice, while still providing some opportunity for new hunters.

If a system of “buying extra preference points” was implemented, it would remove the predictability of winning a premium hunt because the number of hunters at the various point values would be inconsistent each year (it would depend upon the number of hunters purchasing additional points). Additionally, the advantage gained by a hunter who consistently applied without success over the years would be significantly reduced in a single year as other hunters at lesser point values purchased additional points.

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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 So Many Blacktail “Stags”?

Stags are male deer that most notably exhibit antler abnormalities, often due to hormonal changes resulting from testicular damage or caused by a birth defect known as “cryptorchidism.” (Photo by Carrie Wilson)

Stags are male deer that most notably exhibit antler abnormalities. Often this is due to hormonal changes resulting from testicular damage or caused by a birth defect known as “cryptorchidism.” (Photo by Carrie Wilson)

Question: While looking through our trail cameras in a particular area this year, we’ve observed that roughly a third of the blacktail bucks are actually stags. I’ve been told that a parasite causes this and so I am curious what the cause might be. I am also concerned with the prevalence of this condition in this herd. Is this something that can take over a herd? Also, are there any exceptions for taking a mature buck that will never grow a fork? (Ian S.)

Answer: By definition, stags are male deer that most notably exhibit antler abnormalities. This is often due to hormonal changes resulting from testicular damage or caused by a birth defect known as “cryptorchidism.” When the normal production of testosterone is altered or diminished, the antler characteristics may morph to look significantly different from those of normal bucks and the animals’ behavior may never change to take them into the seasonal rut. Stags may remain in velvet and not shed their antlers, or the antlers may become misshapen and grow many points. Some stags never grow any points at all.

We are aware of this occurrence and have been taking reports of bucks with underdeveloped or atrophied testicles, primarily from the northwest region of the state. Our wildlife veterinarians are collecting and analyzing samples when they get them, but the cause is still undetermined. We really doubt that it’s due to a parasite but our research continues as a definitive cause has yet to be found.

As far as exceptions for the take of one of these stags without a fork, there are none. Regulations require bucks to have a forked horn or better, and there are no exceptions when filling a buck tag.


Miss Peep is still in my pool and won’t leave
Question: I live in Riverside and rent a house with a pool that a mommy duck and her three ducklings have also been enjoying. I left them alone to do their own thing so that they would hopefully move on when ready. Unfortunately, one disappeared and one drowned even though I put a ramp at the steps of the pool. One duckling (Miss Peep) has survived and grown a lot. Mother duck flew away about two weeks ago but Miss Peep is still hanging out.

My dilemma is the owner of the house is opposed to her staying here and so has instructed the pool guy to “add something” to the water that the pool guy said will make her sink, or possibly drown. I’m very upset by this but am not certain she can fly away yet. She’s about 10-11 weeks old and I’ve never even seen her try. I really want to see her survive and fly away as she is intended. Food is plentiful, with an abundance of crickets in my yard.

Is it illegal to use something in the pool that can harm the duck? We have told the pool guy that she is a protected animal and to not disturb her. Last week my son saw him spraying pool water at her, perhaps as a joke, but it isn’t funny to me. What can I do to protect this little duck and get her off on the right feathered flight? (Dawn F., Riverside)

Answer: The little duck should be nearly ready to fly. The general rule is around 60 days to flight. If the little duck feels safe in your yard with the pool and it has plenty of food, it may not be motivated to fly off right away. Your best course of action would probably be to contact a nearby wildlife rehabilitator near you to ask for assistance.

For a list of approved and licensed rehab facilities, please go to http://www.wildlife.ca.gov/conservation/laboratories/wildlife-investigations/rehab/facilities. Good luck with Miss Peep!


Octopus fishing with PVC tubes?
Question: I’m curious about octopus fishing. I know they are considered mollusks without shells and the only permitted methods of take listed are hook and line and by hand. Are there any other more detailed restrictions I should be aware of regarding octopus? Is the use of scuba permitted? I’ve read about setting out sections of PVC tubes in sandy areas between reefs as a sort of trap. Would it be legal to set these out and then either freedive or scuba down and grab the octopus out of them by hand? (Michael S.)

Answer: You may either freedive or use scuba to take octopus by hand. However, don’t set out any PVC tubes. These would be considered a trap and cannot be used to take octopus.

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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.

Bowfishing for Bullfrogs?

Bullfrogs can be taken by bow and arrow (CDFW photo by Dave Feliz)

Bullfrogs can be taken by bow and arrow (CDFW photo by Dave Feliz)

Question: In the regulations it says it’s legal to use bow and arrow to take bullfrogs. Does this mean we are also allowed to take them using compound bows? (J. Riggs)

Answer: Yes, compound bows are legal for taking bullfrogs as long as the arrow shaft or the point, or both, are attached by a line to the bow or to a fishing reel (California Code of Regulations Title 14, section 1.23). Bow fishing for bullfrogs will also require you to have a California sport fishing license. Amphibians may be taken only by hand, hand-held dip net, or hook and line, except bullfrogs may also be taken by lights, spears, gigs, grabs, paddles, bow and arrow or fishing tackle (CCR Title 14, section 5.05(e)). Since there are some protected frog species that may coexist with bullfrogs, please be sure you are correctly identifying your frog as a bullfrog, Rana (Lithobates) cataesbeiana, before releasing your arrow!


Lead ammo on Native American reservations?
Question: I have a relative with land that borders a Native American reservation. For the past 40 years I have hunted doves and quail on his ranch. I talked to a tribal member next to the ranch and he said they still use lead shot and bullets when they hunt, and if they lease the part of the ranch where I hunt, I could still use lead shot there because they are a sovereign nation. He also said I did not need a California hunting license, stamps or tags except from the tribal government. I always love to read your column. Please advise me if this information is correct. (Jay S.)

Answer: Non -tribal members (you), even if given permission by a tribe to hunt within the tribe’s reservation or on its lands, may still be required to have a valid California hunting license, stamps and tags and comply with California hunting laws. Check with a California Wildlife Officer to confirm whether you will need. A non-tribal member may also be required to comply with tribal hunting and fishing regulations within a tribe’s reservation. Also, federal law prohibits entering tribal lands without permission for the purpose of hunting and transporting wildlife taken in violation of tribal law, so hunters are encouraged to contact the tribe before hunting within a tribe’s reservation or on tribal lands.

Tribal members within their own reservation, with very limited exceptions, are subject to federal and tribal fish and wildlife laws, rather than state laws. The lead ammo ban would not apply to them within their own reservation (Fish and Game Code, section 12300, 16 US Code sections 3372 and 18 US Code section 1165).


Rotten cotton?
Question: I am trying to make my crab traps compliant with the new “rotten cotton” regulations that require escape features must be threaded with single strand untreated cotton of no greater than size 120. My traps are tied with multi strand cotton. I cannot find single strand cotton cord. All the places that sell replacement cord seem to carry only multi strand. I was thinking of untwisting the multi strand cord and using the single strands. Any suggestions? (Walter)d-crab-trap-1

Answer: Twine size is based on the diameter of the line, which is based on established size reference tables. You must use a single strand of untreated cotton twine size 120 or less. “Single strand” in the regulations refers to one strand of whatever cotton twine (legal size) that a person may choose to use. It does not refer to the number of strands that make up the single strand of cotton twine. Commercial crab fishermen have been required to include escape openings using this “rotten cotton” for many years without problems. If you’re having trouble finding it, check fisherman supply warehouses or businesses that sell commercial fishing supplies.d-crab-trap-5

“Starting Aug. 1, 2016, crab traps shall contain at least one destruct device of a single strand of untreated cotton twine size No. 120 or less that creates an unobstructed escape opening in the top or upper half of the trap of at least five inches in diameter when the destruct attachment material corrodes or fails” (CCR Title 14, section 29.80(c)(2)).

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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.

Kite Fishing

(CDFW photo by Sabrina Bell)

(CDFW photo by Sabrina Bell)

Question: Can you tell me the regulations regarding using a fishing kite from shore or a pier to catch fish? We use these specially modified kites to help us get our lines out farther than the distance we could normally cast them. (Jenny C.)

Answer: There are no specific regulations prohibiting the use of a kite or other windborne device (a helium-filled balloon, for example) to help you get your line out to where the fish are. However, please be mindful of the environment and remember that any items or materials discarded or abandoned could be considered litter. If, for instance, an angler used a balloon to catch a fish and then released the balloon when the fish was hooked — or when the line reached the desired distance from shore — the angler could be subject to citation.

Also, there may be city or county ordinances that pertain to this, so please check with local authorities.


What to do about raccoons visiting my backyard
Question: I live in a residential area and raccoons have begun visiting my backyard at night. They are using my yard as a rest stop in their nightly urban foraging. Our backyard is landscaped including a grass lawn. I am looking for anything short of cages to discourage them. Is there any non-toxic substance I can spread near their entrance/exit point to discourage their visits? They do not appear to be eating or digging up anywhere in the yard, but they’ve adopted my yard as their restroom. I would appreciate any insight or suggestions you may have. (John W., Elk Grove)

Answer: We see an upsurge in raccoon sightings and reports this time of year because youngsters born in the spring are now independent of their moms and the adults are building up their fat reserves for the winter.

According to California Department of Fish and Wildlife (CDFW) Wildlife Biologist Jeff Cann, you should first remove all attractants from your yard such as pet food, dropped fruit, old garden vegetables, and securely close all garbage cans and compost heap containers. Even water can be an attractant this time of year, so if you have a fountain or fish pond, try to make it off limits (e.g. electric fence or dry it out). If the raccoons are coming in through holes in the fence, block those entry points with wire, wood or some other barrier.

Keep in mind that raccoons are excellent climbers and are capable of gaining access to yards by climbing fences or using overhanging limbs to bypass fences altogether. Cutting overhanging limbs may help to keep them from dropping in. If the raccoons are climbing over your fence, one deterrent could be to line the top with spikes or sharp tack strips. An easy way to do this is via carpet tack strips which are essentially a lot of little nails anchored in wood that carpet installers use to stretch carpet over. If you completely line the top of the fence with these then the raccoons will not use the top board as a transit way either. A “hot wire” from an electric fence charger at the top of the fence will greatly increase the effectiveness of a fence for excluding raccoons but you’ll need to find a way to properly ground it.

While these may all seem like extreme measures, the point here is to make your yard less hospitable than your neighbors so the pesky critters will move on.

If you’re looking for chemical detractors, one option you could try is Capsaicin (a chile pepper extract). It’s registered as a repellent for raccoons and may be useful in deterring trash-raiding raccoons.

A great place for more information on all of this is the University of California Integrated Pest Management Program page on raccoons. Good luck!


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 food, such as licorice, are legal under bait regulations for inland waters where bait is legal (California Code of Regulations 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.


Can you lure a lobster with a sardine?
Question: Are you allowed to lure lobsters out of a hole with a piece of sardine 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 (CCR Title 14, section 29.80). There is no prohibition against waving snacks in front of them.

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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.

Carrie is on vacation. This column was originally published Nov. 20, 2008.

Determining the Sex of Black Bass

Largemouth bass are very difficult to sex unless you catch them in spawning mode (Creative Commons photo)

Largemouth bass are very difficult to sex unless you catch them in spawning mode (Creative Commons photo)

Question: We fish Lake Silverwood most of the time, and usually it’s for bass. Is there a way to determine the sex of a largemouth bass? We are interested primarily in the fish we catch in the spring. Also, are crayfish part of the diet for bass in Lake Silverwood? (Doug T., Hesperia).

Answer: Unfortunately, there is no easy way to sex black bass (including largemouth bass) unless they are in spawning mode. The males move up first into the spawning areas and make the nests. The females then join them when they’re ready. When you see a pair on a nest, the male is usually the smaller of the pair and will be the most aggressive. A single female will mate with more than one male during the spawning season. And regarding their diet, yes, crayfish are part of the black bass diet.


Deer hunting from my house?
Question: I have a house on five acres in northern California and have some really nice bucks on my land. Every day they come within a few feet of my house and graze on my garden and plants. If I purchase an A Zone tag this year, can I legally shoot a deer on my land from my house or porch? My house is situated more than 200 yards from any other property or house and it is outside of the city limits. Thanks. (Brian T.)

Answer: Yes. The safety zone law prohibits shooting within 150 yards of any occupied dwelling without the permission of the occupant. As long as it is otherwise legal to discharge a firearm in this area (e.g. not in the city limits or not prohibited by county ordinance), then go for it!


Landing net size for ocean kayak fishing?
Question: What size opening on a landing net is needed for ocean fishing? I fish from a kayak between San Francisco Bay and the Mexico border, and all points in between. (Jeff K.)

Answer: A landing net is required when fishing from any vessel on the ocean. “No person shall take finfish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter” (California Code of Regulations Title 14, 28.65(d)).

Fishermen are ultimately responsible for being able to determine whether the fish they take are of legal size. When in doubt, your best bet is to consult the California Ocean Sport Fishing Regulations booklet.


What license for crabbing via a “crab snare”?
Question: A friend and I would really like to try our hand at getting some crab this year using crab snares (loop traps). I am referring to the types that have a bait cage with a bunch of snares attached and are cast out using a rod and reel. The problem is that I’m not sure if we just need a normal fishing license or something else. Can you please clarify? (Kyle C.)

Answer: Just a normal fishing license is all that is required for crabbing.


Is ocean fishing with a crossbow legal?
Question: Is it legal to take fish in Southern California oceans using a crossbow? I know that using a bow and arrow is legal but I would like to know if crossbows are also legal. I also realize that the usual bag limits, size limits and closures apply. (Rod)

Answer: Spears, harpoons and bow and arrow fishing tackle (including crossbows) may be used for taking all varieties of skates, rays and sharks, except white sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may also be used to take finfish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, broadbill swordfish and white shark (CCR Title 14, section 28.95).

For hunting purposes, crossbows are not considered to be archery equipment (see CCR Title 14, section 354). But under the fishing regulations, crossbows qualify as bow and arrow fishing tackle. It does not matter what type of bow or crossbow is used under legal bow and arrow fishing, but a line must be attached to the bow and the arrow/bolt (CCR Title 14, section 1.23). If using a crossbow for shark fishing, be sure of the species and any associated size and/or bag limits before pulling that trigger.

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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.

Ultra-lights and Fixed Wing Aircraft Harassing Wildlife

Ultra-light aircraft cannot be flown lower than 500 ft. from the surface (Creative Commons photo)

Ultra-light aircraft may not be operated at an altitude lower that 500 feet or closer than 500 feet to any person, vessel or structure (Creative Commons photo)

Question: We live around the Imperial Wildlife Area (Wister Unit) and over the past two years we’ve seen an influx of ultra-light air craft flying over the Imperial Wildlife Area, sometimes very low. For example, on June 15 we saw three ultra-light crafts fly from a local airport and circle all of the wildlife area where there’s water, sometimes getting as low as 25 feet. This spooked all of the waterfowl and shore birds, and most of the shore birds were nesting and harassed by this.

I know there are harassment laws in place for this (Fish and Game Code, section 3003.5) as I contacted California Department of Fish and Wildlife (CDFW) wildlife officers, but all of us were uncertain how or if there are any height restrictions for aircraft flying over state wildlife areas. This has also happened during waterfowl season where the ultra-lights were flying within feet of hunters’ spreads of 2,000 or more snow goose decoys.

Can you please help us determine whether there are any height restriction codes prohibiting such activities over state wildlife areas? I have Googled this and have only found Federal Aviation Administration (FAA) results for federal lands and know now that the FAA doesn’t have state wildlife areas listed. (Richard F.)

Answer: While there is no specific section in the Fish and Game Code regarding these low-flying aircraft, section 2009 may apply. This section makes it a misdemeanor to willfully interfere with someone who is engaged in the sport of hunting. Given the circumstances you described, this section could be used to prevent these low-flying aircraft from interfering with hunters on state wildlife areas during the open season.

There are also two regulations that may apply to the actions you describe. “No person shall pursue, drive, herd or take any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile” (California Code of Regulations Title 14, section 251). Also, “No person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal’s normal behavior patterns, which includes, but is not limited to breeding, feeding or sheltering” (CCR Title 14, section 251.1). These regulations are punishable as misdemeanors.

Low-flying aircraft are regulated by FAA Federal Aviation Regulations (FARs) and the US Code of Federal Regulations (CFR). Generally, when flying over other than congested areas (i.e. cities, towns or settlements), they may be operated at an altitude not lower than 500 feet above the surface, except when over open water or sparsely populated areas where they may not be operated closer than 500 feet to any person, vessel, vehicle or structure (FARs, CFR Title 14, section 91.119(c)).


Shipping sport-caught fish home
Question: We have chartered a sportfishing party boat for 25 of our out-of-town clients. If they get their daily bag limits and want their fish shipped home via overnight carrier, would each person have to be present at the shipping office with their fish? If so, would each person need to show their fishing license to the clerk at the shipping office? Would each person’s fishing license need to be packed inside the box with the fish being shipped out? Or could someone from our business have each person’s fishing license/ID and just ship everyone’s fish home for them? (Annette T.)

Answer: Each person would need to be present to check their fish into the shipping office because it is unlawful for someone to transport more than one limit of fish (FGC, section 2347). It’s also illegal for someone to ship more than one limit of fish (FGC, section 2346). While each angler will need to be at the shipping office with their fish, they are not legally required to show their fishing license to the shipper, nor do they need to include a copy of their fishing license inside the box containing their fish (but it’s not a bad idea to do so). The carrier may have their own policy on this, but CDFW does not regulate it. The outside of the package containing the fish must clearly and conspicuously indicate the name and address of the shipper, name and address of the consignee and the number and kind of fish inside the package (FGC, section 2348).


Making your own abalone irons
Question: I would like to make my own abalone irons. What are the specifications to do so legally? (Jim B., Oakdale)]

Answer: Abalone irons must be less than 36 inches long, straight or with a curve having a radius of not less than 18 inches, and must not be less than 3/4 inch wide nor less than 1/16 inch thick. All edges must be rounded and free of sharp edges (CCR Title 14, section 29.15[e]).

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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.