Question: Is it legal to shoot my rifle across open water to the other side? Say I am on one side of a lake and see a legal deer on the other side (let’s assume it’s 200 yards, not a good long range shot). Can I shoot across the lake or pond or river? (Larry E.)
Answer: It is never advisable to shoot over water due to the potential for a ricochet. However, it is not illegal under the Fish and Game Code and its implementing regulations as long as both you and the deer are on property where it is legal to hunt and you have permission to hunt the area. Keep in mind though that while shooting deer across a lake may not violate state regulations, there may still be other federal laws or local ordinances that could make this illegal. Be sure to check with local authorities first to ensure no other regulations legally prohibit this practice.
Sport fishing from a commercial boat?
Question: I have a friend with a commercial urchin boat who invited me to come out with him. Would it be legal for me to fish off the boat and to maybe even dive and do some spearfishing from the boat? I would stick to fish and not take any urchin while down diving. (Anonymous)
Answer: No. Under Fish and Game Code, section 7856(f): “A person shall not take or possess a fish on a commercial fishing vessel under a sport fishing license while that vessel is engaged in a commercial fishing activity, including going to or from an area where fish are taken for commercial purposes.”
Commercial boat captains may take friends and family out to fish from their boats when they are NOT engaged in commercial fishing. All commercially caught fish or invertebrates must be off the boat before the boat leaves the harbor for a trip where the captain and passengers will be engaged in sport angling, diving, hoop netting or setting traps for crabs. They must commit to one or the other type of trip ahead of time.
Oh deer, oh road kill
Question: I hit a deer while driving a few nights ago. The dang thing jumped right out in front of my car at the last minute while I was only going 35 mph. It lived but it got me wondering whether I could have legally taken it home. If I field dress a freshly killed deer that’s been accidentally hit by a car, and even if I don’t have a deer tag, I don’t see why I could not take it. Otherwise, it would just rot on the side of the road and go to waste. I’m not a road-kill eater, but if I killed a deer by accident, I wouldn’t mind taking it home and eating it and keeping the skin. (Anonymous)
Answer: Unfortunately, this would not be legal. Road-killed wildlife may not be retained. Only authorized personnel of state and/or local agencies are permitted to dispatch and remove injured or dead animals.
Even if you were a licensed California hunter with the appropriate tags to take the deer, you cannot legally tag that deer and take it home. Deer may only be taken with rifles, shotguns, pistols and revolvers, muzzleloaders and archery equipment. Motor vehicles are not included in this list of legal methods of take.
Although FGC, section 2000.5(a), states the accidental taking of game by a motor vehicle is not a violation of the law, it does not authorize the possession of animals taken by a collision with a vehicle. You may wonder why this is the case since it seems like it would be a waste of a deer to not be able to place a tag on it and perhaps save another from being taken. The reason is that some poachers would use the “collision” excuse to take deer at night with their vehicle and just attach their tag to justify the action.
Using two rods to reach bag limit?
Question: If I am using a two-rod stamp and I have four fish in my bag (daily bag limit is five fish), can I still use two rods or do I have to only fish with one rod as I only need one more fish to reach my limit? (Kyle M.)
Answer: You may continue using two rods in the scenario you describe but once you catch the last fish in your limit, you must immediately pull in the other rod.
Stocking my home aquarium?
Question: Is it legal to take any marine life or rocks from the California coastline for use in an in-home aquarium? (James H.)
Answer: Finfish may not be transported alive from the water where taken except under the authority of a scientific collecting permit or a marine aquaria collector’s permit. The removal of live rocks (rocks with living marine organisms attached) is also prohibited in some areas, including marine sanctuaries and state parks.
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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.