Category Archives: Transporting Taken Animals

Shooting Deer Across a Lake?

Photo credit: USFWS

Photo credit: USFWS

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.

Religious Live Fish Releases

Channel catfish (Photo by Dennis McKinney, CDOW)

Channel catfish (Photo by Dennis McKinney, CDOW)

Question: I am looking for a place/beach to release live fish. Our religion says it is very good to release a live fish because you save a life and also you learn to be merciful to all of the lives in the world. I live in Orange County, but any places/beaches in Los Angeles or Orange County works for us. We have friends who get permission in Europe to do this. The government allows them to release only certain fish species in specific areas only. (Joo Pheng, Ooi)

Answer: What you are proposing cannot be authorized in California, even for religious purposes. It is illegal to transport live finfish as well as to release live finfish into waters different from where taken.

According to California Department of Fish and Wildlife (CDFW) Marine Aquaculture Coordinator Kirsten Ramey, prayer animal release can pose a serious risk to natural resources and society through the introduction of non-native and/or invasive species. California currently faces a variety of significant and lasting impacts from introductions of non-native and invasive species in both fresh and coastal waters. Just a few of these impacts include reduced diversity and abundance of native plants and animals (due to competition, predation, parasitism, genetic dilution, introduction of pathogens, smother and loss of habitat to invasive species), threats to public health and safety (via parasites and disease) and increased costs to business, agriculture, landowners and government (for invasive pest treatment and clean up).

One of California’s costly introductions was attributed to the aquarium trade, based on DNA evidence. Caulerpa taxifoli, an invasive algae originally from the Mediterranean Sea, has cost California more than $6 million to eradicate.

In terms of ecological impacts, the introduction of invasive species is thought to be second only to habitat loss in contributing to declining native biodiversity throughout the United States. California has been invaded by many aquatic plants and animals which have altered native ecosystems and taken a toll on recreation, commercial fishing and sensitive native species. For these reasons and more, it is unlawful to place, plant or cause to be placed or planted, in any of the waters of this state, any live fish, any fresh or salt water animal, or any aquatic plant, whether taken without or within the state, without first securing the written permission from CDFW (Fish and Game Code, section 6400).

Since releasing fish into public waters is not legal, here are a couple of other options. You could get involved with CDFW’s Trout in the Classroom program in which instructors and their students set up an aquarium in the classroom to raise fish for an eventual field trip to an approved local stream or river where the fish are released.

Another option might be to contact one of the registered aquaculture farms found on CDFW’s Aquaculture website. These businesses raise different species of fish and have private stocking permits allowing them to plant fish in approved private waters within the state. Perhaps one of these businesses will allow you to assist and plant one of the fish they will be stocking. Good luck!


Using black or blue rockfish for lingcod bait?
Question: Can one use black or blue rock fish as bait to catch lingcod? I have seen people do this but I believe you cannot since rockfish are considered to be a game fish. (John C., Roseville)

Answer: Yes, anglers can take black or blue rockfish that they have caught to send back down on a hook to catch lingcod. However, while those two species do not have minimum size limits, any legal rockfish you use as bait count toward your daily bag limit of rockfish.


License required for a nuisance coyote?
Question: Does someone need a hunting license to shoot a nuisance coyote on their property, or near their property, if they are the legal distance away from a residence to discharge a firearm? (Carol S.)

Answer: Coyotes are classified as nongame mammals in the Fish and Game Code (FGC) and if found to be “injuring growing crops or other property” (FGC section 4152), they can be taken on your property without obtaining a hunting license. However, if a coyote is NOT injuring your property, you will need to obtain a hunting license before taking it (FGC section 3007). Before you do anything though, you should first check with your local Sheriff’s department regarding any city, county, municipality laws and regulations that may apply to be sure this will be legal to do in your area.


Fish and game regulation of groundfish
Question: Current fish and game regulations limit the fishing depth for groundfish in Southern California to 60 fathoms or 360 feet. I need to know how far from the shore line this depth limitation is enforced. I saw from another link on your website that the State of California’s fishing jurisdiction only goes out to three miles from shore. (James J.)

Answer: The depth limit is enforced out to 200 nautical miles from shore. Groundfish are jointly managed by the states and federal government, and the U.S. Exclusive Economic Zone (EEZ) extends from California’s three nautical mile state waters boundary out 200 nautical miles. CDFW is authorized to enforce California laws throughout the EEZ regarding individuals and vessels operating out of California ports. CDFW wildlife officers have also been delegated authority to enforce several federal laws in the EEZ. Also, keep in mind that depth limits may differ depending upon which groundfish management area you are fishing in.

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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.

Bass Fishing Beyond Limits?

Bass anglers competing in a CDFW-permitted fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Bass anglers competing in a CDFW-permitted bass fishing tournament may keep fishing once five fish are in possession but must cull one of these immediately upon catching a sixth (Photo courtesy of RBFF Take Me Fishing)

Question: I was reading one of your responses to a trout fisherman’s question regarding continuing to fish and practice catch and release after he had five trout on his stringer. The short answer was no, because “…catch-and-release fishing is not legal unless you’re still under your maximum bag limit.” I’m a bass fisherman and if that’s the case, it would seem to conflict with me culling fish once a limit is reached in a tournament. Are we violating the law? (Jim V.)

Answer: You are correct that is most cases once an angler reaches their bag limit they cannot continue fishing. However, a special provision has been made for California Department of Fish and Wildlife (CDFW)-permitted and approved bass fishing tournaments to allow black bass anglers only during the tournament to keep fishing once five fish are in possession (California Code of Regulations Title 14, section 230). They must cull one of these fish immediately upon catching a sixth in order to never be in possession of more than five bass at one time.


Harvesting barnacles attached to floating driftwood?
Question: I read your answer recently about how barnacles cannot be harvested in the intertidal zone. Is there a way of legally obtaining Gooseneck barnacles to eat? When I’m way out in the ocean on a boat, I often see floating logs, driftwood and other debris. If it has been floating for a long time, more often than not I will find there are a large number of Gooseneck barnacles attached to the submerged side. Since they are not being taken from the intertidal zone (1,000 feet of shore), would they be legal to take? (Joe K.)

Answer: Yes, if the barnacles are attached to floating logs or driftwood, it would be legal and the limit would be 35 (CCR Title 15, section 29.05(a)). The only problem now is that for much of the debris off our coast that has been in the water long enough to have large numbers of Gooseneck barnacles, there could be health concerns if the wood originated in Fukashima, Japan, due to the possibility of contact with radioactive materials. You’d want to carefully consider how badly you want to harvest those barnacles!


Hunting with a depredation permit
Question: I have several related questions regarding hunting. If I have a pig depredation permit, can I legally carry a firearm and a bow while hunting deer during the archery season? Does the person who helps me with my pig problem need a hunting license? Lastly, is there an expiration date on a depredation permit? (Bill)

Answer: When deer hunting during an archery season, you may not possess a firearm of any kind.

Regarding the pig depredation permit, if you are listed as one of three allowed designated shooters on the permit, you may remove property-damaging wild pigs under conditions listed on the permit. All depredation permits have an expiration date listed on them. Someone “assisting you” with the depredation permit should also be listed as a designated shooter. No hunting license is required for a person authorized under a depredation permit. The person assisting you has to be at least 21 years old and may not have a conviction of wildlife law in the past 12 months.


Bringing a stuffed polar bear mount into California?
Question: A relative of mine owns a stuffed polar bear which is currently located in Idaho at my uncle’s house. I have another elder relative who would like to take it but is not able to drive that far to pick it up so he asked me to do it. However, I am concerned because I’m not sure about the laws and regulations for this kind of thing for simply picking it up in Idaho and bringing it to California. What are the laws and am I able to do this? (Andrew M.)

Answer: So long as you comply with the declaration requirement in Fish and Game Code, section 2353 and have no intent to import or possess the polar bear for commercial purposes, you are not prohibited from transporting it into California. Importations for commercial purposes, possession with intent to sell, and the sale within California of any part of a polar bear is prohibited (Penal Code, section 653o). In addition, the sale, purchase or possession for sale of any bear or bear part in California is prohibited (Fish and Game Code, section 4758).

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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.

Residential Varmint Trapping

Striped skunks (USFWS photo)

Striped skunks (USFWS photo)

Question: I live in Chico across the street from Bidwell Park. Lately I have been plagued with raccoons and skunks on my property. They have been wreaking havoc on my garden, crapping all over my deck and carport, and I think they have been using the pool (WITHOUT a lifeguard on duty which is COMPLETELY UNSAFE!).

I contacted a gentleman who is employed by the USDA and he told me he has been contracted by the County of Butte to trap and euthanize or relocate problem varmints. He explained to me that I can either perform these tasks myself or, for a fee, he will remove and eliminate any problem varmint that I trap on my property. I am located within the City limits of Chico in the County of Butte.

I am writing to you to make sure that I am in compliance with all laws. The last thing I want is to get cited and fined because of a raccoon or a skunk. If the information I received from this person is incorrect, then it would seem that the California Department of Fish and Wildlife (CDFW) and the USDA employee contracted by Butte County need to have a chat and come up with a final call on a situation like this so everyone is reading the same book and getting on the same page. I didn’t know who to go to with this before I acted on it, but you have never steered me wrong in the past. (Dave)

Answer: While the USDA trapper did provide some good information, you are correct to worry about following all the rules because there are lots of them. If you decide to do your own trapping, be aware you are not allowed to relocate any wildlife you catch. If an animal is trapped, it must be quickly killed or released in the immediate area of where the animal was trapped. Driving the animal to a faraway meadow or park away from your house and “relocating” it is not a legal option. Relocating nuisance wildlife not only relocates the problem but also places the critter into an area where it has no established shelter or food and water source, and could potentially spread disease. Also, keep in mind that it is spring time and many adult animals may have babies soon, so causing orphans through trapping should be avoided.

Trapping rules are for public safety and animal welfare reasons. Before venturing into nuisance wildlife trapping, you should read and understand California Code of Regulations Title 14, section 465.5 entitled “Use of traps” available online at www.wildlife.ca.gov/Regulations.


Collecting fish donations to donate to local food banks?
Question: I was wondering if it would be possible (i.e. legal) to put a freezer at boat landings to collect fish donations from anglers on sport and private boats? Donations would be given to local food banks and shelters. (Will E.)

Answer: Although this sounds like a nice idea, existing law doesn’t allow for overlimits of fish, and it would be very difficult for wildlife officers to separate an angler with an overlimit from a person transporting the freezer contents to a food bank. Potential criminal liability would also arise if people deposited fish that were undersized or out of season. A better option might be to post information at the landing encouraging anglers to donate fish directly to the food banks and shelters.


OK to have a firearm onboard while fishing for sturgeon?
Question: We’d like to do some casting and blasting and are interested in shooting target skeet while fishing for sturgeon. Is it legal to possess a firearm, or rather, to have a firearm on my boat while sturgeon fishing? I am not a hunter or a gun guy and I know it is illegal to use a firearm to land a sturgeon. What about having just a pellet gun in the cuddy cabin for non-hunting target practice? Is this legal? (Scott E.)

Answer: There are no CDFW regulations prohibiting you from simply having a firearm on the boat while sturgeon fishing. Your only firearms concerns will be to make sure you won’t be violating any county or city ordinances by possessing firearms and shooting skeet in whatever area you intend to do this. There may be any issue with throwing clay birds, which are coated in paint for visibility, into the water though. “It is unlawful to deposit, permit to pass into, or place where it can pass into the waters of the state … within 150 feet of the high water mark of the waters of the state, any cans, bottles, garbage … rubbish, litter, refuse, waste, debris …” (Fish and Game Code, section 5652).


Catch and release after reaching limit
Question: A friend (not me, really!) asked me if he caught two striped bass while beach fishing, could he continue to fish for striped bass and release any future fish he caught? (Mike B.)

Answer: You (I mean he!) could not continue to target striped bass, but could continue fishing for other species of fish. If you incidentally catch another striper while trying to catch some other species and already have your limit, you must immediately release the striper.

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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 in the Surf?

bowfishing_IndianHeadRanch

Bowfishing (photo courtesy of Indian Head Ranch)

Question: Is it legal to bowfish in the surf? Regulations say bowfishing is not allowed within 100 yards of the mouth of a stream. I’m guessing on the beach it is ok for finfish, like spotfin croakers? However, I do know some beaches prohibit bowfishing because they consider a bow and arrow a deadly weapon. Do you know which ones? (David T.)

Answer: You should check with your local police or sheriff’s department first to determine if there are any city or county ordinances prohibiting the use of bow and arrow fishing tackle. If not, it is legal to bowfish in the surf under the following conditions: 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 be used to take finfish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, broadbill swordfish, white shark, green sturgeon and white sturgeon (California Code of Regulations, Title 14, section 28.95, 27.90 and 27.91).


Can you hunt waterfowl not listed in the regulations?
Question: I know there are quite a few types of ducks that are not listed in the waterfowl regulations (e.g. teal, mergansers, etc.). If a species is not specifically mentioned, does this mean that they can or cannot be hunted? (Joe D.)

Answer: The waterfowl regulations apply to all species of geese, ducks and mergansers. Coots have different regulations. As long as the waterfowl species you wish to take does not have more specific regulations than the general bag limits, then that non-specified waterfowl species can be included in your general bag.


Retrieving game from private property?
Question: Where can I find the regulations on retrieving game that has moved onto another’s property after being shot? I believe that it is legal but I can’t find the regs. (Joe D.)

Answer: There are no regulations which allow you to recover game that ends up on private property. You are expected to retrieve all game you harvest and not to cause wanton waste by failing to recover something you’ve shot, but you must get permission from the landowner to legally enter their property. If you are not able to reach them for permission, you may contact the local game warden or sheriff and request assistance.


Buying diamondback rattlesnakes from Texas for taxidermy?
Question: I want to buy dead western diamondback rattlesnakes for taxidermy from a seller in Texas. From what I read in the regulations, it is OK. The shipper just needs to label the box with the contents. If this is legal, can you please provide the code section regarding buying/importing dead rattlesnakes? (Bryan W.)

Answer: Dead rattlesnakes can be purchased and imported into California (Fish and Game Code, section 2353). You will just need to make sure the shipment comes with a completed Declaration for Entry form identifying what it is and where it’s coming from. This declaration must be submitted to the department or a designated state or federal agency at or immediately prior to the time of entry. Declaration is not required if shipped by common carrier under a bill of lading.

This form may be photocopied. The original copy of the declaration form shall be retained by the person importing the fish or game into the state. One copy shall be mailed to the Department of Fish and Wildlife, 1416 Ninth St., Sacramento, CA 95814, within 24 hours after entering the state. One copy shall be deposited at the point of entry with any state or federal agency or officer, and one copy shall remain with the fish or game if transported by other than owner or common carrier.

“Point of entry” refers to the city or town nearest your point of entry into California.


Lobster hooping from a public pier?
Question: While lobster hooping from a public pier, the maximum number of nets per person is two. Can a person with two nets deployed for crab/lobster simultaneously use a fishing rod for finfish? What about if the person has a fishing license and lobster card? (Steve G.)

Answer: No, the regulations state that people fishing from a public pier can fish with only two “appliances,” so the two hoop nets and one fishing rod for fin fish would total three. You don’t need a fishing license to fish from a public pier, but anyone fishing for lobsters must have a valid lobster report 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.

Did Game Warden Have the Right to Search My Car?

Wildlife officers have extensive inspection authorities. It's a crime to refuse to show any wildlife officer upon request all licenses, tags, and the birds, mammals, fish, reptiles or amphibians taken, and any device or apparatus capable of being used to take birds, mammals, fish, reptiles, or amphibians." (CDFW photo by Debra Hamilton).

Wildlife officers have extensive inspection authorities. It’s a crime to refuse to show any wildlife officer upon request all licenses, tags, and the birds, mammals, fish, reptiles or amphibians taken, and any device or apparatus capable of being used to take birds, mammals, fish, reptiles, or amphibians.” (CDFW photo by Debra Hamilton).

Question: I was out fishing at Lake McSwain. A man was there before me but didn’t catch anything. I got lucky and caught two trout right away, then decided to go try out a different spot. I was planning on doing a whole day of fishing and didn’t want the two fishes to spoil, so I gave them to the man that had not caught any. As I was leaving, a game warden showed up. I told him I caught two but gave them away because I’m heading to a different spot. He wanted to search my car and I let him because I didn’t have anything to hide. After not finding anything, he then told me those two fish count towards my bag limit so I can only catch three more, even if I move to a different spot. Now my question is, does he really have the right to search my car just like that, and is it correct that I can only catch three more fish after I gave those two away? What happened to the five fish in possession regulation? (Anonymous)

Answer: Good question, but the game warden was correct. No more than one daily bag limit may be taken or possessed by any one person (California Code of Regulations Title 14, section 1.17). There is a difference between the bag limit (the number you can take per day) and the possession limit (the maximum number you can have in your possession). Just because you gave two fish away, this did not set the slate back to zero so that you could take five additional fish that day.

As far as the request to search your vehicle, any officer can ask for your consent to inspect a vehicle. Your question indicates you “let him” inspect your car because you had nothing to hide. This was perfectly legal.

Whether an officer has the authority to conduct an inspection when consent is not given depends upon the specific circumstances of the contact. Wildlife officers have extensive inspection authorities that are unique to their jobs. For example, it is a crime to refuse to show an wildlife officer “… all licenses, tags, and the birds, mammals, fish, reptiles or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed to be, and capable of being, used to take birds, mammals, fish, reptiles, or amphibians” (Fish and Game Code, section 2012). Also, wildlife officers are authorized to inspect all receptacles, except the clothing actually worn by a person at the time of inspection, where birds, mammals, fish, reptiles, or amphibians may be stored or placed (FGC, section 1006).


Challenging the Hunter Education exam?
Question: Can I challenge the Hunter Education exam to get my license? (Mark L.)

Answer: Yes, many California Department of Fish and Wildlife (CDFW) offices offer a comprehensive equivalency exam, but according to Hunter Education Coordinator Lt. James Kasper, this exam is a difficult examination to pass and the failure rate is high. There is a nonrefundable, administrative fee required to take the examination. This fee must be paid prior to taking the test. If you fail the examination, you must take a hunter education class or a home study/on-line course to become certified. The equivalency exam can only be taken one time.

WARNING! Not all states accept the equivalency certificates as proof of hunter education. All states will accept the certificate of completion that is awarded upon completion of a hunter education class or home study/on-line course.

If you are still interested in taking the equivalency examination, please contact your local CDFW office to see if they offer it. This examination can only be taken by appointment.


Antique dealer selling animal parts

Question: Can hunters bring mountain goats, brown bears and buffalo into the state (under California Penal Code, section 653(o))? If so, may a California antiques dealer sell animal mounts, skins or rugs from these animals? (Eric L.)

Answer: The Fish and Game Code does not prohibit the selling of animals not found in the wild in California so long as the animals were legally acquired and the importation is declared to the Department of Fish and Wildlife (pursuant to FGC section, 2353). Antique dealers should be aware of federal laws regulating the importation, possession and sale of some animals. Questions regarding those laws should be directed to the U.S. Fish and Wildlife Service. They can be reached online at www.fws.gov/.

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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 Cal.Outdoors@wildlife.ca.gov.

Bowfishing for Bullfrogs?

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

Bullfrogs can be taken by hand, hand-held dip net, hook and line, lights, spears, gigs, grabs, paddles, bow and arrow (including compound bows) or fishing tackle (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 a kind of bow, so you can use them to take bullfrogs. Bowfishing 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 (California Code of Regulations 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!


Taking a deer to a butcher across the state line?
Question: I live in Lake Tahoe on the California side, and hope to tag my first buck this fall. If I have a successful hunt, is it legal to take the buck to our favorite butcher who happens to be just across state line in Incline, Nevada? Or, would I need to find a butcher in California to help process the animal? (Scott Y., Lake Tahoe)

Answer: You will need to check with Nevada Department of Wildlife regarding their importation laws. Each state regulates importation of dead wildlife under its own regulations. California’s Fish and Game laws do not prohibit this, but when you bring the meat back into California, you will need to file a “Declaration for Entry” form. This form and all directions can be found at www.dfg.ca.gov/enforcement/entry-declaration.aspx.  


No deer tag, so what can we hunt?
Question: Half of our group drew tags for our favorite hunting zone and half did not. The unlucky ones will be helping with chores, fishing and hunting coyotes. Can we carry a rifle for coyotes while riding with the hunter with a tag? Many times we’ll drop the deer hunter off and then come back to pick them up, meanwhile calling coyotes to kill the time. Is it legal or would it be best to leave the guns at camp and separate the two activities? Thanks. (Mark)

Answer: This would be legal as long as the coyote hunters are clearly not attempting to hunt, pursue, catch, capture or kill a deer. If your friends are hunting deer and you are hunting coyotes, it’s best to keep the two practices separate. This is especially true during deer season so the coyote hunters will not be mistaken by others to be deer hunting without a tag. In addition, as coyote hunters, you cannot engage in driving deer for your friends to shoot while in possession of a rifle because this is considered take of deer. Take is defined as to “Hunt, pursue, catch, capture or kill, or the attempt to hunt pursue, catch, capture or kill.” If the coyote hunters are involved in any activity which results in the pursuit of deer, they would be in violation.

Keep in mind that coyote hunting methods are often not compatible with deer hunting, so wardens sometimes encounter hunters claiming to hunt coyotes when in fact they are deer hunting and trying to fill a friend’s tag. This is a significant problem in areas where drawing a tag is difficult, such as the X-1 zone, so the wardens are watching for this.


Fishing in isolated ponds
Question: As our creeks dry up, ponds are formed, with some of them at the road culverts. Is it legal to fish these ponds with a pole, by hand or a dip net? (Jeanne G., Portola)

Answer: In intermittent streams like you describe, what appear to be ponds are actually isolated pools. Although not apparent during the dry season, water may still be flowing, out of sight, under the streambed surface. This is often called “intragravel flow.” Because a creek is still a stream and not actually a pond or lake, the same regulations for the stream will still apply. Fish can only be taken from these waters under the regulations currently applicable for that stream, including seasons, limits, methods of take, etc. To view the current sport fishing regulations for inland waters, please go to www.dfg.ca.gov/regulations/ or pick up a copy of the booklet wherever fishing licenses are sold.


Are artificial fish scent attractants considered bait?
Question: Are products like artificial, scented fish eggs considered “bait” when it comes to areas where the regulations call for artificials only? My guess is they would be considered bait, but what about just plastic salmon egg imitations with no scent? Or, does scent play into the regulations at all? (Mike S.)

Answer: An artificial lure “… does not include any scented or artificial baits” (California Code of Regulations Title 14, section 1.11). This means attractants may not be applied to the lure while fishing in waters restricted for artificial lure use.

In addition, some people spray WD-40 on their lures. This substance contains petroleum and is specifically prohibited by law to be deposited or introduced into the waters of the state (Fish and Game Code, section 5650).

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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 Cal.Outdoors@wildlife.ca.gov.