Category Archives: Penal Code

“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.

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.

Can Minors Legally Hunt Alone?

(Photo: National Shooting Sports Foundation)

(Photo: National Shooting Sports Foundation)

Question: I am 16 years old and have my hunter education certification. I was wondering if it is legal for me to hunt by myself with a firearm. I have not found anything saying one way or another whether I can legally do this. If it is legal, do I need to carry written consent from my parents with me? (Jonah A.)

Answer: If you have a valid junior license, you may hunt by yourself with a firearm. However, if you are using a HANDGUN, then you either need to be accompanied by a parent or a responsible adult, or have the written permission of a parent.

Firearms laws are contained in the California Penal Code. A good reference guide to California firearms laws can be obtained by visiting the California Department of Justice, Firearms Bureau website (click on “Firearms Summary” on the right-hand side).

Here’s an excerpt from the publication relating to minors in possession of firearms:

Possession of a Handgun or Live Ammunition by Minors
It is unlawful for a minor to possess a handgun unless one of the following
circumstances exists:

• The minor is accompanied by his or her parent or legal guardian and the
minor is actively engaged in a lawful recreational sporting, ranching or
hunting activity, or a motion picture, television or other entertainment
event;

• The minor is accompanied by a responsible adult and has prior written
consent of his or her parent or legal guardian and is involved in one of
the activities cited above; or

• The minor is at least 16 years of age, has prior written consent of his or
her parent or legal guardian, and the minor is involved in one of the
activities cited above (Pen. Code, §§ 29610, 29615.)

It is unlawful for a minor to possess live ammunition unless one of the following circumstances exists:

• The minor has the written consent of a parent or legal guardian to possess
live ammunition;

• The minor is accompanied by a parent or legal guardian; or

• The minor is actively engaged in, or is going to or from, a lawful, recreational sport, including, competitive shooting, or agricultural, ranching, or hunting activity (Pen. Code, §§ 29650, 29655.)

On state wildlife areas, any visitor 16 or 17 years of age presenting a valid resident or non-resident hunting license issued in his or her own name will be issued an entry permit and may hunt independently (California Code of Regulations Title 14, section 550.5(c)(9)).


Are trail cameras legal to use on National Forest lands?
Question: Are there any regulations that prohibit the use of trail cameras on National Forest lands? I ask because a friend was on National Forest land and was told by U.S. Forest Service (USFS) personnel that trail cameras constitute harassment and are illegal. He was then told he must remove them. I’m trying to find out which National Forest it was. If this is true, wouldn’t ALL wildlife photography be illegal, including photographing birds? (Brian K.)

Answer: This is not a California Department of Fish and Wildlife (CDFW) regulation. I suggest you find out which specific area of National Forest your friend was in when this happened. Afterward, contact the USFS office in that area for more details.


Salmon and groundfish fishing
Question: Is it legal to fish for both salmon and ground fish by boat on the same day? If so, are there any restrictions on gear that may be used? I’m interested in the Bodega Bay area. (Dan P.)

Answer: No more than two single point, single shank barbless hooks shall be used in the ocean north of Point Conception (34o27’00” N. lat.) when salmon fishing or fishing from any boat or floating device with salmon on board (CCR, Title 14 section 27.80(a)(2)).

It is legal to fish for both salmon and rockfish on the same day and have them on your boat. If you fish for salmon first or have any salmon on your boat, you would be restricted to fishing for groundfish with barbless hooks thereafter. If you fish groundfish first, you may use barbed hooks (no more than two) for groundfish and then switch to barbless gear once you target salmon. And once you have rockfish onboard, you are also held to the groundfish depth constraints.

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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.

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.

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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.

When Bullies Intentionally Harm Wildlife

Aleutian_Canada_Geese-4

If while driving you encounter geese or other wildlife crossing the road, give them the right-of-way or risk a fine of $1,000 and six months in jail. (USFWS photo)

Question: I live in an over-55 community in Rio Vista. There are wild turkeys here and Canada geese, which many of us love. Last month someone deliberately ran into turkeys crossing a road to go to their roosting trees. A man who went out every evening to watch them “fly up” saw a car actually speed up to hit them. The driver floored the accelerator and plowed into them instead of slowing down to let them pass. Six were killed. The California Department of Fish and Wildlife (CDFW) was called, and presumably never caught the guy.

A few days ago a golfer in a golf cart plowed into a bunch of geese crossing the golf path. He hit and injured one. The golfer didn’t stop. A woman walking her dog saw it happen and confronted the golfer who said, “Well, the geese shouldn’t be crossing the path.” Yesterday on a main road outside the community a turkey and babies were crossing; eyewitnesses said that instead of slowing down, a car sped up and killed at least the parent.

Many people here are very upset by bullies in vehicles intentionally killing innocent animals. I am making a flier that will go to people on the Nextdoor community email. I want to tell what the legality is about deliberately killing a wild turkey or Canada goose and what the possible consequences might be. I can’t seem to find a clear answer yet and was hoping you could help. (Judith A.)

Answer: Scenarios like you are describing are very disturbing and constitute several violations. The use of a vehicle to take turkeys or geese violates the law because vehicles are not a lawful method of take (California Code of Regulations Title 14, sections 311 (Upland Game/Turkey) and 507 (Migratory Birds/Geese)). Pursuing, driving, herding or taking any bird or mammal from any type of motor-driven vehicle is also prohibited (CCR Title 14, section 251). In addition, no person shall harass, herd or drive any game or non-game birds (CCR Title 14, section 251.1). Violations of Fish and Game Code and Title 14 regulations such as these are generally punishable as misdemeanors, with fines of up to $1,000 and six months in jail (see FGC, section 12002 (a)).

Hopefully, you will not encounter these types of situations again, but if you do try to collect as many details as you can including vehicle type, license plate number, date and time. Then call the 24-hour CalTIP hotline at (888) 334-2258 or send an anonymous text to 847411 (tip411). In the message, text CALTIP followed by a space and then the information. You can even send photos. Remember, you can remain anonymous and may receive an award for your efforts.


How to find “What’s Open and What’s Closed” in ocean waters?
Question: I’ve spent hours on the CDFW website trying to find the season and take limits for halibut. Can you please tell me if you know the answer? (Richard G., Redondo Beach)

Answer: Yes! And next time you have a question like this, here’s the first and best place to check: http://www.wildlife.ca.gov/Fishing/Ocean/Regulations/Fishing-Map. This is a great resource, so please bookmark this page! You will find a clickable map of California here. Just click on the portion of the state (along the coast) where you’d like to fish and a list will pop up of exactly what’s open and what’s closed in that area. Then, if you click on the species you’re interested in, you will be provided with the basic fishing regulations and requirements for that species.

In your case, since you are from Redondo Beach and are wondering about California halibut, just click on that location and you will find the following information will immediately pop up:

  • California halibut: The recreational fishery for California halibut (Paralichthys californicus) remains open year-round. The daily bag and possession limit is five fish south of Point Sur, Monterey County. The minimum size limit is 22 inches total length.

In addition, if you click on “California halibut” in this reference, you will find a hot link that will take you to an informational page that will provide you with additional life history information and interesting facts about this species. The same is offered for most every other fish species that you will find included on this clickable map. We always keep this site current and up-to-date, so you can count on that!


How do hunters deal with fleas and ticks?
Question: I’m not a hunter but am wondering if there is a concern for hunters having to deal with fleas and/or ticks jumping off a cooling carcass when field dressing the animal? (Kelly B., Los Angeles)

Answer: Many animals have fleas and ticks and hunters are encouraged to protect themselves from bites by using appropriate sprays or products to reduce the chance of bites and diseases like Lyme disease.

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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.

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.

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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.

Best Practices for Disposing of Fish Remains

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

While returning fish carcasses after filleting back into the waters where taken can be appropriate for recycling nutrients, you should first check to be sure there are no regulations prohibiting the practice at your location. Doing so from a party boat at sea, like this one, is perfectly legal to do. (Photo by Carrie Wilson)

Question: Is it a good practice to dispose of fish or crab carcasses/guts back into the waters they came from? It would seem that returning the fish remains would be a better ecological practice than sending it to the landfill. What is the best sustainable practice? (Ben M.)

Answer: Returning fish carcasses after filleting back into the waters where taken is sometimes, but not always, appropriate for recycling nutrients. Open ocean environments are more appropriate for this practice but be advised of fillet restrictions. And while it differs from port to port, many harbor masters will not allow carcasses to be dumped inside of harbors because too many decomposing fish carcasses may deplete the oxygen supply in the water. This has been a severe issue in many areas in recent years when concentrated fish oil from too many carcasses in bays or harbors caused seabirds to get sick and die. This occurred when excessive amounts of fish oil contaminated their feathers and they become flightless.

Returning fish carcasses back into freshwater environments may or may not be appropriate, and sometimes it’s outright prohibited. Be aware of the rules in the areas where you plan to do this. In shallow waters and along shorelines, especially in high elevation mountain lakes, there may be local or municipal regulations prohibiting this practice.

Public parks and lakes may also have no-dumping policies within a certain distance from shore due to health concerns and the smell and image of discarded fish carcasses in waters where people are swimming and recreating.

Bottom line … while returning fish carcasses after filleting back into the waters where taken can be appropriate for recycling nutrients, you should first check to be sure there are no state, city or municipal regulations prohibiting the practice at your location.


Is a junior hunter allowed to hunt wildlife refuges by themselves?
Question: I purchased a hunting license at 17 years old and it’s a junior hunting license. Now that I am 18 years old (and still have a junior hunting license) can I hunt wildlife refuges by myself or do I need to be accompanied by a person with an adult hunting license. (Andrew C.)

Answer: Yes. Now that you are 18, you may hunt wildlife refuges independently even though you have a junior hunting license.


Spearfishing in San Francisco Bay?
Question: Is spearfishing for halibut and striped bass allowed in San Francisco Bay? I believe the law changed when it became legal several years ago to spear striped bass. I know that people now spearfish for stripers lawfully in the Sacramento River. Can they do so in the bay as well? And what about for halibut? (Alistair B.)

Answer: Yes, spearfishing is now allowed for striped bass and continues to be allowed for halibut. You may not possess a spear within 100 yards of the mouth of any stream (California Code of Regulations Title 14, section 28.90(a)), and there may be local laws due to safety considerations that do not allow SCUBA diving in parts of the San Francisco Bay.


How many rounds are allowed in a hunting firearm?
Question: How many rounds are legal in a hunting firearm while hunting? I think it’s 10 but somebody else says it is five. Can you please shine some light on the subject for us? (Juan M., California hunter)

Answer: Most rifles hold three to five rounds, but the Penal Code allows for up to 10 rounds. There are no Fish and Game Code sections that restrict the number of rounds a rifle may hold. It would be unlawful to purchase or use a rifle purchased after the enactment of the 10-round restriction found in the Penal Code. There are ammunition restrictions depending upon where you are in the state and what species you are hunting. It is unlawful to use or possess a shotgun capable of holding more than six cartridges at one time to take any mammal or bird (Fish and Game Code, section 2010). Shotguns capable of holding more than three rounds when taking game birds and game mammals is prohibited (CCR Title 14, sections 311, 353 and 507). Beginning in 2019, all ammunition used while hunting must be certified as nonlead ammunition.

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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.