Category Archives: Archery

Mentoring New Generations of Hunters

Family waterfowl hunting at the Yolo Wildlife Area Basin

Family waterfowl hunting at the Yolo Wildlife Area Basin

Question: I just took my first Hunter Education Class last week at the age of almost 60. I am interested to put my training into practice and bring my kids and grandkids into it as well. What is a good plan to begin hunting that can include all of us, since I have never had anyone to teach me how to start? (Ken B., Palo Alto)

Answer: First of all, welcome to the exciting comradery of California hunters. We can recommend several options. First, put your new Hunter Education Certificate to use right away by purchasing your hunting license and tags/tag applications. The Big Game Drawing online application deadline for elk, antelope, bighorn sheep, and premium deer tags is midnight June 2, 2016.

We encourage you to go through the application process together. It will introduce all of you to navigating the online system and may also prompt an interest in other big game hunting opportunities, such as apprentice hunts. If your grandkids are junior hunters, ages 12-17 years old on July 1 of the license year, these apprentice hunts are an excellent option for most big game.

Every hunter who annually applies for draw hunts anxiously awaits the results from the draw. Then, if successful, they can enjoy the experience of spending scout time leading up to the hunt planning for their adventure. The planning stage is an important part of the hunt you can all do together. Don’t forget, an integral part of the hunt is sighting in your firearm or bow at the range, another activity you can do together.

Draw hunts are not your only options — wild pig tags and some deer tags are simply available for purchase. Wild pig hunting is a good introduction to big game hunting and require a tag to hunt them. However, the season is open year-round and there is no daily bag limit.

Consider hiring a licensed hunting guide. It may cost you some extra money, but guided hunts frequently give you access to private properties with higher density game populations. Guides should have expertise for the species and the area you are hunting. Soak up everything the guide is willing to teach you. If you or your kids are successful, most guides will offer to field dress the animal for you. We strongly recommend having your guide teach you how to field dress the animal and do it yourself.

CDFW also offers Advanced Hunting Clinics that focus on the “how-tos” of hunting, including how to hunt turkey, upland game, waterfowl and big game. Each clinic covers types of firearms, ammunition, importance of sighting in the firearm, gauging distance, scouting, tracking, field dressing, shoot-don’t shoot scenarios, hunter ethics, landowner-hunter relationships, conservation, and safety. The goal of this series is to develop ethical, conservation-minded, successful hunters through education … taking the hunter a step beyond the basic hunter education course.

Throughout the year, CDFW Special Hunts are also offered and designed especially for new hunters, youth hunters, women hunters, mobility-impaired hunters and people with limited experience or opportunity to hunt on their own. Depending on the time of year, hunts for upland game birds (pheasant, quail, chuckar and turkey) and, upon occasion, waterfowl, deer or wild pig may be offered.


What info must be on a sports crab pot buoy?
Question: What information is required to be displayed on sports crab pot buoys? I have placed my CF numbers from my boat on mine but have read that I must also place my GO ID numbers on the buoys. Can you please let me know what’s required for my buoys? Also, what are all of the necessary requirements for my crab pots to make them legal? (Ken H.)

Answer: No identification is currently required to be placed on the buoys of sport crab traps. However, beginning Aug. 1, 2016, a crab trap buoy must be legally marked with the operator’s GO ID number as stated on his/her sport fishing license.

Keep in mind that crab traps are only allowed in waters north of Point Arguello (Santa Barbara County), and are required to have at least two rigid circular openings of not less than four and one-quarter inches inside diameter, constructed so that the lowest portion of each opening is no lower than five inches from the top of the trap. Starting Aug. 1, 2016, crab traps must 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 (California Code of Regulations Title 14, section 29.80(C)(1-3)).


Compound bow for protection?
Question: This question goes back to the special junior turkey archery hunts available prior to the start of the regular spring turkey season. I accompanied my son on one of those hunts. I was concerned about our safety because there are bears and mountain lions where we would be hunting, as well as mountain lions basically everywhere in California. If I had had my hunting license, could I have had my compound bow on me for safety? I ask because I know you cannot have a firearm on you during archery-only seasons (I don’t have a firearm anyway), so could I have had my bow on me during the junior-only hunt? (David R., Sunnyvale)

Answer: You could have possessed a compound bow in this circumstance as long as you had a valid hunting license and tag for game that could be lawfully taken with a compound bow (such as wild pigs if they are present in the area) and you do not hunt turkey.

# # #

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.

Bow Hunting for Spring Turkeys?

Spring tom turkeys in Northern California (Photo by Carrie Wilson)

Spring tom turkeys in Northern California (Photo by Carrie Wilson)

Question: I am interested in bow hunting for turkeys this year but have some questions. Last week I saw a flock of hens and jakes on the side of a highway and I got to wondering if it’s legal to hunt off the side of a highway. I know we can’t shoot across a highway, but exactly how many yards or feet away does a bow hunter have to be? (Rafael O.)

Answer: It is unlawful to discharge a firearm or release an arrow or crossbow bolt over or across any public road or other established way open to the public in an unsafe and reckless manner (Fish and Game Code, section 3004(b)). Definitions for road and roadway can be found in the California Vehicle Code, sections 527 and 530. In addition, most counties have ordinances setting the distance from a public roadway that one must be to lawfully discharge a firearm. Many counties require 150 feet, but this distance varies and you will have to check with the appropriate county’s sheriff’s department to determine the legal distance. It is always unlawful to negligently discharge a firearm, and the discharge of a firearm from or upon a public road or highway is prohibited (California Penal Code, section 374c).


Bringing a speargun into California
Question: I am coming to California from Australia for a diving holiday and wish to bring my own gear, including a spear gun. Do you know what the rules are about bringing one through U.S. customs? (Edward C.)

Answer: The California Department of Fish and Wildlife (CDFW) does not regulate the importation of dive gear, including spear guns. You should check with the Transportation Security Administration (www.tsa.gov) and U.S. Customs (www.cpb.gov) to see if they have any special provisions you must follow.


Live rodents as fishing bait?
Question: I have seen several videos about using live “feeder” mice and rats for bass and trout fishing and was wondering whether they are legal to fish with here in California. I wasn’t able to find any regulations talking about using live mice or rats. If not acceptable to use as a live bait, can they be used if dead/frozen? (Anonymous, Sacramento)

Answer: No. The freshwater fishing regulations do not list mammals as acceptable bait options, so rodents may not be used (California Code of Regulations Title 14, section 4.00.)


Hunting Sandhill cranes?
Question: Does California have any type of hunting opportunities for Sandhill cranes? I have seen a couple of videos in which the hunters state that the meat is great and some say it tastes like steak. I tried to research any regulations for them but wasn’t able to come up with anything. Can you please let me know if they can be hunted here? (Jose G.)

Answer: While some states do authorize the take of Sandhill cranes during waterfowl season, there are currently no hunting opportunities for Sandhill cranes in California.


Kangaroo product ban?
Question: I am the owner of a store that sells kangaroo hide boots and other products made of kangaroo leather. I read in the news that California recently re-instated a ban on the import and sale of kangaroo products. Is this true and if so, what should retailers like me know about the ban? (Anonymous)

Answer: You are correct. The ban on kangaroo products went back into effect Jan. 1, 2016. California Penal Code section 653o prohibits the importation, possession with intent to sell, and sale of any parts of specified animals, including kangaroos. Some common retail products made from kangaroo leather are boots, belts, wallets and soccer cleats.

As you know, California retailers are responsible for knowing the laws and regulations of the state of California and must take the necessary efforts to ensure they do not possess kangaroo products with the intent to sell.

Penal Code section 653o may be enforced by any peace officer in the state, including police officers, sheriff deputies, and wildlife officers. A person who violates section 653o is guilty of a misdemeanor and is subject to a fine between $1,000 and $5,000 and up to six months in jail for each violation.

# # #

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.

Wild Pig Keeps Wrecking Our Landscaping

Wild pigs can cause significant damage to residential lawns and landscaping with their aggressive rooting behavior while in their quest for grubs, subterranean insects and their larvae, as well as the succulent roots of the grass they are uprooting (Creative Commons photo)

Wild pigs can cause significant damage to residential lawns and landscaping with their aggressive rooting behavior while in their quest for grubs, subterranean insects and their larvae, as well as the succulent roots of the grass they are uprooting (Creative Commons photo)

Question: We live in a residential subdivision in Gualala in Sonoma County and there is a wild male pig rooting around the homes. This pig is making himself at home and rooting up the unfenced ground around our home. Most everyone who lives around here has had this guy at their home. This is a 2- to 5-acre residential zoning so we cannot shoot him, not that we want to. He follows the same evening route just before sunset. I have no objection to Fish and Wildlife setting a trap box here. We don’t venture around our place after sunset. This pig has been sighted in the past two weeks by about six people. We have weekly garbage service which no doubt is an attraction and our homeowners association has notified its membership. What can be done to stop this marauding pig that’s wrecking all of our landscaping? (Jeff W., Gualala)

Answer: First of all I suggest you make sure no garbage or artificial food attractants are being left out to draw the animal into your neighborhood. Talk to your neighbors about this and make sure your homeowners association spreads the word, too.

Homeowners associations differ from place to place, but most are within a designated city limit and most cities impose firearm discharge restrictions for the general populous. Thus, this would make shooting the pig unlawful in most situations. As such, hunting and immediate take are not options. Landowners or your housing association can apply to the California Department of Fish and Wildlife (CDFW) for a depredation permit and then contact a local pig removal company or a federal trapper through USDA Wildlife Services (who operate in select California Counties) http://www.aphis.usda.gov/wildlife_damage/ to trap and remove the pig.


How many rounds of ammo are allowed for an AR-type gun?
Question: When reading CDFW regulations, I find a shotgun is limited to three rounds of ammo, but I cannot find anywhere how many rounds of ammo a rifle or AR is limited to. I’d like to know as I want no trouble when I go squirrel hunting with my AR-type gun. (Robert K.)

Answer: There are no restrictions in the Fish and Game Code on the number of rounds a rifle can hold while hunting. Rifles sold in California for the past several years are restricted to a 10-round capacity. This is due to other firearms laws in the Penal Code.


Range finding scopes on compound and crossbows?
Question: There are scopes with range-finding capabilities for compound and crossbows available on the market. Is it legal to have one of these scopes mounted on a bow or crossbow in areas where I am legally allowed to hunt in California? (Tim)

Answer: Scopes with 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 (California Code of Regulations Title 14, section 353(i)). These devices may be used only for the take of nongame and furbearing mammals as provided in the Mammal Hunting Regulations (CCR Title 14, section 264.5).


How to become a licensed federal trapper?
Question: I have a friend who lost some livestock to either coyotes or a mountain lion. He wants to protect the rest of his animals and was advised to contact the local government trapper. How can a person become a licensed trapper authorized to track down and remove these problem predatory animals? (Anonymous)

Answer: Contact the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS). The mission of this agency is to provide federal leadership and expertise to resolve wildlife conflicts to allow people and wildlife to coexist. For more information, please go to http://www.aphis.usda.gov/wildlife_damage/.


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

Answer: No, you are still 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 wildlife officer who asks (FGC, section 2012). CDFW wildlife officers do not carry CDL scanners.

# # #

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.

Laser Sights for Bowfishing?

Bowfishing (Creative Commons photo)

Bowfishing (Creative Commons photo)

Question: When bowfishing for game fish, like carp, is it legal to have a green 5mW visible laser on your bowfishing bow or crossbow? I know that visible lasers on a bow or crossbow are prohibited for the use of hunting animals on land, but I’m just not sure about for fish in freshwater. Having a laser helps compensate for light refraction in the water because aiming at a fish that is not where it looks like it is can be quite tricky.

Also, besides the regulations in section 1.23 and section 2.25, are there any special seasons or rules that I have to follow for using a crossbow? I ask because I heard that crossbows in California can only be used during rifle season for land game.

Using a crossbow to bowfish is only mentioned one time in the freshwater regulation booklet, most of the text says “bow and arrow fishing.” I want to be prepared to explain to a park ranger or wildlife officer (given I am in an area designated for bowfishing) that I can use a crossbow. What code sections should I cite or what should I say? (Alexander A.)

Answer: Yes, it legal to have a green 5mW visible laser on your bowfishing bow or crossbow. When bowfishing in freshwater, you need only follow the regulations in sections 1.23 and 2.25. What you say about crossbows for hunting being legal only during rifle season is correct, but as long as you’re fishing and not hunting, this should not be an issue. The main difference between fishing and hunting is that a crossbow is not considered archery equipment for hunting purposes but is considered legal bow and arrow equipment for those fish species that may be taken by bow and arrow. In order to avoid unwanted attention from law enforcement, I discourage you from shining your laser on land.


Using rockfish for bait?
Question: In a recent column you stated that “Any finfish that is legal to take or possess in California may be used as bait in your lobster hoop net.” I assume this rule applies equally to using rockfish as hook and line bait for lingcod, but on my last party boat trip I was prohibited from using a small gopher rockfish for bait by a crewman who insisted that this would be illegal. Is it legal to use a whole rockfish (or a slab cut from a whole rockfish) for hook and line bait? I understand that the bait fish would count toward my limit. (Randy Pauly)

Answer: Yes, as long as the fish you’re using is legal to catch and keep, and as long as you count it toward your daily bag limit, you can legally use it as bait to attract larger predator fish, such as lingcod, to your hook. If the fish you’ll be using for bait has a size limit, you would need to be sure it was of legal size.


How to find a legitimate hunting guide?
Question: Can you direct me to a legitimate site to book a hunting trip? How can we hunt on government land? What are the costs? (Cheri W.)

Answer: You can find a list of guides licensed through the California Department of Fish and Wildlife (CDFW) at http://www.wildlife.ca.gov/Licensing/Guide (click on “Look up licensed hunting and fishing guides) but no recommendations in support of any particular guide or hunting service. Hence, your best bet is to contact other hunters to ask about their experiences in order to help you decide which guide service to go with.

You can hunt on certain government-owned (public) lands in California. Public lands in California are primarily owned, operated and maintained by CDFW, the U.S. Forest Service, the Bureau of Land Management (BLM), the Department of Defense or the U.S. Fish and Wildlife Service (USFWS). Each of these agencies has developed rules and regulations for the lands they administer. They provide details of which lands are open to public access for outdoor recreational activities (including hunting), and the time of year they are open. Some of these lands are open year-round with no access fees, but some lands are open only certain times of the year with an access fee. Moreover, some public lands are entirely closed to all public use, mostly for protection of certain plant and animal species.

Generally speaking, most big game mammal hunting occurs on CDFW, BLM, Military or Forest Service lands. Small mammal and varmint hunting occurs on BLM and Forest Service lands. Waterfowl and upland game bird hunting occurs on CDFW and USFWS lands.

For the regulations governing the use of CDFW lands, please go to http://www.wildlife.ca.gov/Lands. For other land management agencies, please contact them directly for rules or regulations concerning their lands.

# # #

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 Many Feet in the Water to Enter a Legal Hunt Zone?

California mule deer (photo by Carrie Wilson)

California mule deer (photo by Carrie Wilson)

Question: While hunting during archery season in August, I ran into a situation that I could use your guidance on. While at my campsite, a hunting partner of mine observed a buck feeding near the creek that we were camped near. I was hunting in D7. Unfortunately for me, the buck was on the north side of Deer Creek, and therefore in X9A. I quickly got my bow while my hunting partner sat quietly at camp and watched. I quietly moved into position and waited for the deer to cross the creek. He never did, so therefore I had to let him go, of course.

When a zone’s boundary is defined by a creek, river or other body of water, when is the animal considered to be within your zone and therefore legal to take? Can you take him when he’s drinking and touching the water? Does he need to have two or four feet in the creek? Does he need to completely cross and be across the creek and completely in your zone? Or does he need to be clear of the creek bed all together? What is the law? (Kevin K.)

Answer: The deer would have had to be at least halfway across the creek to be into the correct zone. Keep in mind that animals shot with bow and arrow or a rifle can travel a substantial distance, so it is wise not to hunt right on the border of a zone. A non-lethal shot could easily take you immediately into the closed zone where your tag is not valid.


Ocean sunfish – you can take them, but what then?
Question: I saw some ocean sunfish laying around on the surface in waters off Sonoma County. Are they legal to take? Is there a website or a listing of which fish are illegal to catch? (Anonymous)

Answer: Yes, ocean sunfish (Mola mola) may be taken by licensed recreational fishermen. While some ocean species have fishing regulations that pertain only to them (e.g. rockfish and salmon), other species do not. Species for which there are no specific regulations, such as ocean sunfish, are covered under section 27.60 on page 34 in the current Ocean Sport Fishing Regulations booklet. The daily bag limit for species covered under section 27.60(a) is: 10 fish of any one species, with a total daily bag limit of 20 fish. This means you can take up to 10 ocean sunfish plus 10 other fish per day, for a total of 20 fish. Fish that fall under this section do not have seasons (open year-round) or size limits.

Please be aware that ocean sunfish are not a species targeted by most recreational fishermen. This species is generally not considered to be good eating. Keep in mind that it’s a violation to waste a fish after you have taken it (California Code of Regulations Title 14, section 1.87), so you might want to research that a little more before finding yourself in possession of a large fish you don’t care to eat.


Carrying shotguns for ducks and doves at the same time
Question: You recently answered a question about having two shotguns in a duck blind. That made me wonder whether the two shotguns can be loaded with different ammo. For example, if it’s dove season, can I have a 12 gauge shotgun for ducks and keep a 20 gauge loaded with lead shot for doves? (Allen S.)

Answer: Yes, you can carry more than one gun, but while waterfowl hunting, you are required to possess only non-toxic shot regardless of the shot size. Both shotguns must be loaded with non-toxic shot.

In addition to non-toxic shot requirements for waterfowl hunting, nonlead ammunition is now required when hunting on all state wildlife areas and ecological reserves regardless of the species pursued. And when hunting during waterfowl season, hunters may only have 25 shells in the field, regardless of the difference of shot size. This means hunters on state wildlife areas are limited to non-lead and only 25 shells total for doves and ducks, combined.

For more information on the phase-out of lead ammunition for hunting in California, please visit http://www.wildlife.ca.gov/hunting/nonlead-ammunition.


Corn for carp bait?
Question: Can you point me in the right direction to see the regulation regarding the use of whole corn kernels as bait, specifically for carp, but in general as well? Numerous people have told me corn is illegal to use in California, but I’ve looked through the regulations book at least four times and can’t find anything saying it’s illegal. (Tony)

Answer: The general bait regulation for inland waters says that treated and processed foods may be used as bait, and there is no prohibition on the use of corn kernels (CCR Title 14, section 4.00). This question comes up quite a bit because some states do not allow corn to be used as bait, but California does.

# # #

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.

Drifting for Ducks

(Photo courtesy of David A. Jones, Ducks Unlimited)

(Photo courtesy of David A. Jones, Ducks Unlimited)

Question: Is it legal to drift down or anchor a boat in a river to hunt for waterfowl? The river is in the “Balance of the State” zone and is surrounded by unincorporated privately owned farmland, with the occasional house or barn visible from the water. I know you cannot discharge a firearm within 150 yards of a dwelling or near a public road, and I know that all motors must be out of the water. Would drifting be considered forward motion? (Anonymous)

Answer: Drifting is not considered “under power.” What you describe would be legal as long as you access the river from a legal access point, and once you’re hunting, your motion is not due to momentum provided by the motor before it was turned off. You must also take into account the retrieval of the birds you take. Should you take a bird that lands on private property that you do not have the authority to access, you run the risk of a hunting trespass for retrieval, or waste of game if you do not retrieve it. Also, you need to remember not to discharge a firearm within 150 yards of an occupied dwelling, and these may be difficult to see from the river. Finally, there may be other state or local ordinances and regulations (such as no shooting zones) or other restrictions that may prevent you from hunting the section of water you want to hunt.


Importing insects?
Question: I would like to start up a business importing exotic dead insects into California to preserve and sell as curiosities. I realize that if they were alive, that’d be easy (No Bueno!), but what about dead ones? I propose to import them dead but not preserved, and then preserve them myself. Would it make a difference if I imported them already preserved? Aside from this sounding like the intro to a bad ‘50s giant bug movie, is what I am proposing to do legal? (Brent G.)

Answer: State fish and wildlife laws don’t prohibit importation or sale of insects, but there are other laws that you may need to be aware of. You should contact the California Department of Food and Agriculture, the U.S. Department of Agriculture and the U.S. Fish and Wildlife Service. Some creatures, although dead, may still contain live eggs within. And if any of the species you propose to import are restricted species, border inspectors will not likely differentiate between whether they are dead or alive.


Compound bow fishing for sharks?
Question: Is it legal to bow hunt sharks? Someone told me a man in California took a 550 pound mako shark with a compound bow. (Robert S.)

Answer: Spears, harpoons and bow and arrow fishing tackle 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 on any 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 (California Code of Regulations, Title 14, section 28.95).

Regarding crossbows, under hunting regulations, a crossbow is not considered archery equipment. But under fishing regulations, crossbows may be used for 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 is required to be attached to the bow and the arrow/bolt (CCR, Title 14, section 1.23).


Carrying rifles through a game refuge?
Question: How do I legally travel through a wildlife game refuge on the way to hunting on the other side of the refuge? With bolt action rifles, we take the bolt out so that it’s not a functioning gun anymore. What about with a lever action gun? How can we legally cross through the game refuge? (Erin)

Answer: The possession of firearms is not prohibited “when traveling through any game refuges when the firearms are taken apart or encased and unloaded. When the traveling is done on a route other than a public highway or other public thoroughfare or right of way, notice shall be given to the California Department of Fish and Wildlife (CDFW) at least 24 hours before that traveling. The notice shall give the name and address of the person intending to travel through the refuge, the name of the refuge, the approximate route, and the approximate time when that person intends to travel through the refuge” (Fish and Game Code, section 10506).

# # #

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.

Sea Lions Are Eating All My Bait!

The increased abundance of pinnipeds has also resulted in a growing number of negative interactions with humans and incidents of property damage (Photo by Carrie Wilson)

California sea lions and Pacific harbor seals have been federally protected under the Marine Mammal Protection Act since 1972. The increased abundance of pinnipeds has also resulted in a growing number of negative interactions with humans and incidents of property damage (Photo by Carrie Wilson)

Question: Is there anything I can do to deter or discourage sea lions from eating all my crabbing bait? I know that seals and sea lions are protected under the Marine Mammal Protection Act but I’ve heard there are exceptions for recreational fishermen to deter them to prevent damage to private property, including gear and catch. What can I legally do to chase off these seals/sea lions or at least prevent them from chewing up my bait cages and hoop nets? Is it legal to shoot them with paintball guns? (Sam L.)

Answer: 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 website, http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/deterring_qa.html.


Shooting wrong deer
Question: If you are out hunting and shoot a spike by mistake, what should a person do? What kind of trouble could a hunter get into for that if reported to the California Department of Fish and Wildlife (CDFW)? (Steve C.)

Answer: If you shoot a spike deer by mistake, you should immediately contact your local CDFW office and/or your local wildlife officer to report it and explain what the situation was that caused the mistake. You may still be cited for wrongly harvesting an animal that you are not authorized to take, and if convicted you could lose your deer hunting privileges for the following year in all wildlife violator compact states. If you try to conceal the animal, don’t tag it, take it home or leave it in the field without field dressing it, you may be cited for additional violations that entail higher fines and penalties. And these actions could lead to an extended revocation of your deer hunting privileges in all Wildlife Violator compact states, or may lead to the revocation of all hunting privileges in California and all wildlife violator compact states.


Archery for quail
Question: I am planning on archery hunting for quail this year. Do the same laws from shotgun apply to archery? Does the quail have to be flying before shooting at it? Or if archery hunting, can the quail be standing on the ground or sitting in the trees? (John V.)

Answer: The early archery-only season for quail ended on Sept. 4, but using archery equipment generally allows you to hunt both during the archery-only season (listed under California Code of Regulations Title 14, section 300) and during the general season. Otherwise, the bag and possession limits are the same.

Whether to shoot the birds when flying vs. when they are standing on the ground or roosting in trees is not a legal question but rather an ethical decision that you must make. Under the widely accepted “fair chase” principles that most hunters abide by, shooting upland game birds or waterfowl under conditions other than when they are flying would violate this principal and be considered unethical.


Six months residency requirement
Question: If a taxpayer is considered a California resident for tax purposes and pays about $6000 a year in California income tax, plus California sales tax, but has lived overseas for part of the year, why can’t they purchase a resident fishing license until after they have physically resided in California for six months? Under fishing regs it would be legal to purchase a license in January, leave the country and return in 11 months and the California license is still valid within the same year. What is the point of this rule? (Bob R.)

Answer: While there are many ways the legislature could have defined residency, for purposes of purchasing hunting and fishing licenses, Fish and Game Code section 70 defines a resident as “any person who has resided continuously in the State of California for six months or more immediately prior…” to the date of application for a license or permit. The law also includes specific provisions regarding persons on active duty in the military and persons enrolled in the federal Job Corps. The purpose of this law is to provide criteria to establish residency for the purpose of purchasing hunting and fishing licenses.

According to CDFW License Program Analyst Glenn Underwood, the law does not say that you cannot leave California while you are a resident. However, if you live outside of California, your identification is based outside of California, or you buy resident licenses in another state or country, then you will not be able to purchase a resident California license. Many people attempt to purchase resident licenses in more than one state.

# # #

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.