Category Archives: Fish and Game Code

Using a Dinosaur Blind for Waterfowl Hunting?

(Creative Commons photo)

(Creative Commons photo)

Question: I realize this may sound like a really dumb question or a joke, but I’m honestly being serious. Can I make a plywood cutout of a dinosaur to hide behind so that I can better sneak up on waterfowl? I recently heard about using a plywood cutout of a cow as a way to approach ducks and geese. However, I then saw that this is illegal in California because hunters are not allowed to use something that looks like a mammal to approach waterfowl. Dinosaurs aren’t mammals though so I don’t see why this wouldn’t work, but I just wanted to ask. (Sydney M.)

Answer: Fish and Game Code, section 3502, which is derived from a provision of the Penal Code dating to 1909, prohibits using “any mammal (except a dog) or an imitation of a mammal as a blind in approaching or taking game birds.” Since dinosaurs are not mammals, you will be ok as long as your blind can’t be confused with a mammal.


Is a SUP considered a vessel?
Question: Is a stand-up-paddle (SUP) board considered a vessel when used in the taking of abalone? I ask because I’m wondering if I have to fill out my abalone tag on my SUP before coming to shore. (Jonathan W.)

Answer: No, you may wait until you come ashore to tag and fill out your abalone report card. Although California Code of Regulations Title 14, section 29.16(b)(1) requires that people taking abalone “shall tag any red abalone either immediately upon exiting the water or immediately upon boarding a vessel, whichever occurs first,” it also provides that people “who dive from a non-motorized vessel such as a kayak that is in the water may wait until immediately after disembarking from the non-motorized vessel to tag and record any abalone in possession.”


Still confused about antibiotics in stocked fish
Question: I just read with interest in the Modesto Bee your answer to the question about antibiotics in stocked fish. The answer doesn’t make sense to me. First, you say that hatchery fish are treated with antibiotics when necessary to save their lives and it is done on an as-needed basis. Knowing that hatchery fish number in the tens of thousands, and no individual fish would be pulled out and antibiotics delivered to just those fish, you must be saying, yes, they are treated, right? And then you finish the answer with “none of the stocked fish have antibiotics.” Huh? (Barbara S.)

Answer: Sorry for any confusion. When the fish need to be treated with antibiotics, then they are treated as a group since most ailments would be ones that would affect them all. Antibiotics are only used when necessary to save lives, and there is a good chance that none of the fish raised during a growing cycle were ever treated with antibiotics at all.

Prior to the Federal Drug Administration (FDA) approving (registering) any antibiotics for use in food fish, they set withdrawal times to ensure public safely. Withdrawal times are meant to guarantee that residual antibiotics are either non-detectable, or lower than the FDA’s acceptable limits, prior to the fish being released.

Once all treatments are finished, the fish are held for the required time for the chemicals to work their way out of their bodies. Only after this time can those fish finally be planted and available for human consumption.

Some other agricultural industries have been criticized for using antibiotics as a growth aid. We don’t do that for the fish we supply to our anglers.


Sport fishing on a commercial crab boat?
Question: Can commercial boats sport fish for Dungeness crab during the sport season when the commercial season is closed? (Anonymous)

Answer: Yes, if the commercial vessel is not engaged in any commercial activity (FGC, section 7856(f)), the commercial vessel does not hold a Dungeness crab vessel permit (CCR Title 14, section 132.1(a)), and everyone taking crab or fishing onboard has a sport fishing license and is following sport fishing regulations.

HAPPY THANKSGIVING!

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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.

Can a Turkey’s Age be Determined by Beard and Spur?



Monterey Rio Turkeys_186_8661

Rio Grande turkeys from Monterey (photo by Carrie Wilson)

Turkey identification
Question: I am fairly new to turkey hunting and hear everyone always referring to their birds by their beards and spurs. Can wild turkeys be aged based on these trophy characteristics? (Jim C., Modesto)

Answer: Yes and no. There is no absolute standard for identifying a wild turkey’s age, but there are some general guidelines that can be used to provide fairly reliable estimates.

While precisely determining a turkey’s age in years may be difficult, there is a surefire method for distinguishing between adults and juveniles using the last two primary flight feathers. In juvenile birds the feathers will be sharp at the ends. By the time the bird reaches maturity at one year of age, it will molt and the two sharp feathers will be replaced by more rounded ones.

Beyond this, beard and spur length can be used to estimate a bird’s age, but unfortunately, it’s not an exact method. Variables such as subspecies, environmental conditions, and possibly nutrition can alter the length of both the beard and the spur, resulting in a misrepresentation of the bird’s age.

In terms of beards, the general rule of thumb is the longer the beard, the older the bird. But, while a jake (juvenile) will not have a 10-inch beard, a four-year-old turkey may have a short beard due to any number of conditions. If the turkey is in “rough” vegetation, the beard may wear away on the ground more easily when it grows long. If a turkey has long legs, the beard will be able to grow longer before it reaches the ground, where it will naturally face wear and tear. The fact that the beard may have been altered at any time by environmental or circumstantial conditions prevents biologists from using this method as an accurate way of measuring a turkey’s age.

Spur length can also be used to estimate a bird’s age although, like beards, spurs can also wear down. Spur length does tend to be slightly more reliable than beard length, however, because they do not wear as easily.

While both of these methods are not entirely precise, they can provide an approximate age range. These estimates are not reliable for turkeys older than about three or four years though.


Freediving for horseneck (gaper) clams?
Question: I’m an avid free diver and spear fisherman, as well as a frequent clammer. While diving for crabs recently, I noticed a number of enormous clam siphons in the silty mud bottom in 4-8 feet of water. Having previously dug for horseneck clams (Tresus capax) on a number of occasions, it was clear to me that these were horseneck siphons, or “shows”. These clams are all well below the low tide line and would thus be impossible to dig in the traditional way. Would it be legal for me to harvest these clams using a homemade PVC “clam gun” to excavate the mud in which they are encased? Looking at the regulations pertaining to horseneck clams, underwater harvest is neither specifically permitted nor forbidden. (Carter J.)

Answer: Yes, you can take clams underwater using a “clam gun” as long as you are free diving. The use of SCUBA is prohibited for the take of clams north of Yankee Point in Monterey County. SCUBA can be used south of Yankee Point. You don’t say where you plan to dive for clams, but you may like to know that there are gaper clams south of Yankee Point.

Here’s what the regulations say:

Invertebrates
29.05. GENERAL.
(d) In all ocean waters skin and Self Contained Underwater Breathing Apparatus (SCUBA) divers may take invertebrates as provided in this article except that in all ocean waters north of Yankee Point (Monterey Co.), SCUBA may be used only to take sea urchins, rock scallops and crabs of the genus Cancer. For the purpose of this section, breathing tubes (snorkels) are not SCUBA.

29.20. CLAMS GENERAL.
(a) Except as provided in this article, there are no closed seasons, bag limits or size limits on saltwater clams.
(b) Fishing hours: One-half hour before sunrise to one-half hour after sunset.
(c) Special gear provisions: Spades, shovels, hoes, rakes or other appliances operated by hand, except spears or gaff hooks, may be used to take clams. No instrument capable of being used to dig clams may be possessed between one-half hour after sunset and one-half hour before sunrise, on any beach of this state, except tools and implements used in the work of cleaning, repairing or maintaining such beach when possessed by a person authorized by appropriate authority to perform such work.


Motorized decoys for doves and upland game
Question: Can motorized decoys, such as Mojo be used on doves or other upland game birds?

Answer: Yes.


Catching live shad for bait using a cast net?
Question: I live in San Joaquin County and have two fishing questions. First, is it legal to fish with live shad? Second, is it legal to use a cast net/bait net to catch shad and minnows? (Justin)

Answer: A casting net or throw net is unlawful to use or possess in inland waters, but dip nets are authorized for taking certain species of fin fish that can be used as bait (see California Code of Regulations Title 14, sections 4.00 – 4.30 in the Freshwater Sport Fishing Regulations available online or wherever licenses are sold). Live shad may be used in the Valley and South Central Districts (CCR Title 14, section 4.10) in waters where taken, but they must be taken with a legal dip net under certain provisions.


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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 Aug. 9, 2012.

Target Shooting with the Skeet Fleet

(DFG photo by Debra Hamilton)

(CDFW photo by Debra Hamilton)

Question: In Southern California we have taken large boats offshore on the open ocean to shoot clay pigeons with shotguns. We call them the “Skeet Fleet.” We use steel shot and do not shoot auto loaders such that we can maintain control of the shells and not have the casings land in the water. I guess the first question is what are the regulations regarding this activity and is there a distance that we need to be offshore? I now live in northern California and am interested in doing the same. Would there be an option of doing the same around Grizzly Island or on San Francisco or Suisun Bay? (Anonymous)

Answer: Target shooting in the ocean is not addressed in the Fish and Game Code, but littering in waters of the state is. Therefore, the throwing of the clay birds, which are coated in paint for visibility, into the water may be an issue.

“It is unlawful to deposit, permit to pass into, or place where it can pass into the waters of the state, or to abandon, dispose of, or throw away, within 150 feet of the high water mark of the waters of the state, any cans, bottles, garbage, motor vehicle or parts thereof, rubbish, litter, refuse, waste, debris, or the viscera or carcass of any dead mammal, or the carcass of any dead bird” (Fish and Game Code, section 5652).

Depending on the location, there may also be local, state and federal laws prohibiting the discharge of firearms.


Buying wild boar meat?
Question: I have heard wild boar numbers are often at excessive levels and that they can be hunted and sold. I am looking to purchase some wild boar meat. I know there are different hunting seasons for them and the quantity varies throughout the year. What is the regulation on selling wild boar and are there any people/businesses in the area that are licensed to do so? (Tara S., Carmel)

Answer: We do have a rather large population of wild pigs in this state and they can be hunted; they just cannot be sold. The sale of wild animals (including wild pigs) or their meat is unlawful in California. Only permitted domestically reared deer meat and the products of domestically reared deer or elk (jerky or sausage, for example) are exceptions.

The sale of wild pig taken and sold within California is unlawful. In addition, even wild pig taken in another state is unlawful to sell in California (FGC, section 3039). You should be able to locate pig through a vendor on the Internet that sells game meats. As long as it is already pre-packaged, it would be legal to purchase and import into California. We have previously dealt with this issue extensively at county and state fairs where vendors sell various types of game meats at booths. There are also state and federal requirements that apply to the products to make them safe and lawful for sale for human consumption.


Bringing a wolf carcass or pelt back from another state
Question: If I legally kill a wolf in Idaho, can I return to California with the wolf and or hide? (Tom R.)

Answer: Legally harvested wolves and wolf pelts may not be imported into California. The Fish and Game Commission has listed the wolf as endangered in California and consequently, the following would apply: “No person shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, any species, or any part or product thereof, that the commission determines to be an endangered species or a threatened species.” (FGC, section 2080)


Are hunters/anglers required to carry photo identification?
Question: What type of identification am I required to carry when hunting and/or fishing? Is just my current license and tags all I need to carry or am I required to carry another form of ID? (Russell W., La Verne)

Answer: Unless you are a commercial fisherman, you are not required to carry photo identification when hunting or fishing, but it is always a good idea. Carrying photo identification will allow a wildlife officer to positively confirm your identification and that you are the licensed holder of the fishing/hunting license you are carrying. For California residents, it’s best to carry a California driver license or DMV identification card.

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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.

Spearfishing for White Seabass

Kirby Morejohn and Garo Hachigian_photo by Kirby Morejohn)

Large white seabass taken by spear fishermen Kirby Morejohn and Garo Hachigian (Photo by Kirby Morejohn)

Question: It’s been an ongoing debate among our small spearfishing group and it’s time to ask the authorities. When spearfishing from a boat, if a diver reaches his maximum limit of three white seabass (WSB) for the day and then gifts one of his fish to somebody who does not have a fish, can the person who caught the fish hunt for one more WSB since he now only has two in his possession? (Chester L.)

Answer: No, each spear fisherman (or angler) is allowed to catch and keep up to three white seabass per day, period. If a fisherman chooses to give one away, that’s fine, but they cannot then continue to try to catch another to refill their personal bag limit for the day. That spear fisherman would have to wait until the next day, and if they still had their two WSB in possession, they would only be able to catch one more the next day because three WSB is both the daily bag limit and the possession limit.

There are a couple of exceptions here, though. Anglers/divers who will be out to sea for multiple days can get a multi-day fishing permit that will allow them to keep up to three limits of WSB over three days if they have secured this permit prior to their trip and followed all of the associated regulations under California Code of Regulations Title 14, section 27.15. There is also a one-fish limit between March 15 and June 15 for the take of white seabass south of Point Conception.


Finishing hunt after legal hunting hours?
Question: I hunt with a bow and on some occasions will shoot my game right at sundown and then have to chase my animal sometimes for an hour or more. And then when I find it, I may have to shoot it again. Is it legal to finish off an animal after dark if it was shot during the legal hunting hours? (Geoff M., Camarillo)

Answer: No. Authorized hunting and shooting hours are clearly stated in the regulations as running from one-half hour before sunrise to one-half hour after sunset (CCR Title 14, sections 310, 310.5 and 352). To shoot an animal outside of those authorized hours is illegal.

Whenever possible, try to plan your hunt so that you will not be pushing the envelope right at the end of hunt hours and can leave ample time to track and retrieve the animal during legal hours.


Shooting aggressive ravens?
Question: What are the restrictions on shooting ravens in California? I have personally witnessed ravens killing baby chukar and baby red-tailed hawks. At my home they raid my chickens and steal the eggs. They like to sit on a pole where the remnants of their kill ends up on the ground, including a variety of egg shell bits and baby desert tortoise shells. I have also seen a group of ravens attempting to kill a cat. I know that they became protected at one time, but what is the status now? Can I shoot the ones on and around my property? (David C.)

Answer: No. Ravens, Corvus corax, are protected by both California (Fish and Game Code, section 3513) and federal laws (Title 50-CFR). Ravens may not be taken in California except under the authority of a permit issued by the U.S. Fish and Wildlife Service (USFWS). For more information regarding the availability of permits, please check the USFWS Permits website.


Transporting overlimits?
Question: Can I transport an overlimit of fish carcasses to the dump? For example, three peoples’ fish limits are cleaned at a home location. Then, one person pulls the short straw and gets stuck having to take the combined carcasses by vehicle to the dump. I can see how if they were stopped by law enforcement and they had an overlimit of three peoples’ carcasses carried by one person, an explanation stating that person was dumping three legal limits of carcasses may or may not fly with a warden. Can you please provide some clarity? (Trevor L.)

Answer: The department recommends that the person transporting the carcasses have copies of each person’s fishing licenses, or at least their names and contact information in case the transport and disposal of more than one person’s limit comes into question.

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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.