Tag Archives: hunting

“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.

Importing native snakes to control ground squirrels?

California Ground Squirrel (USFWS photo)

California Ground Squirrel (USFWS photo)

Question: We have a small orange grove in Ventura County that has been overrun by ground squirrels in the past few years. Is there any legal method of “importing” king snakes or gopher snakes onto our property to help control the squirrel population? (Darrell J., Ventura County)

Answer: Unfortunately, we don’t allow the release or relocation of snakes into the wild without specific authorization, and at this time we do not allow it for bio-control such as you are requesting. According to CDFW Amphibian and Reptile Conservation Policy Coordinator Laura Patterson, “We’d have to evaluate what else they may eat that could be sensitive, make sure they’re disease-free and that they are genetically similar to the local snakes.”

If the property where you live is hospitable, we’d assume you have gopher and king snakes there already. However, if they’re not currently there, perhaps the site is just not suitable for them. These snakes naturally occur in most places where the habitat and prey sources can support their survival.

The only circumstances in which we might allow snakes to be relocated would be if there was a development nearby, and the snakes would otherwise be killed by construction. In a case like this, we might allow them to be relocated to another property nearby.


Hunting on property not posted with “No Hunting” signs?
Question: Can I hunt on property that is fenced but not posted with “No Hunting” signs without specific permission from the landowner? (Anonymous)

Answer: No, it is unlawful to trespass onto fenced property for the purpose of discharging any firearm or taking birds or mammals without the written permission of the landowner or other authorized person.

Fish and Game Code regulations specifically state that if property is owned by another person and is either under cultivation or enclosed by a fence, you need written permission (Fish and Game Code, section 2016). This law also applies to land that is not fenced or under cultivation but is posted with no trespassing or no hunting signs. A simple guideline is to respect crops, fences and signs, and in any other circumstance that makes you wonder about hunter access, seek out the landowner and ask for permission. In cases involving publicly owned property (game refuges, state wildlife areas, etc.), specific written permission may or may not be required.


Sea urchin sport harvesting?
Question: I’m looking for confirmation regarding the recreational take of sea urchins. Is it correct that they can be taken with a California sport fishing license as long as they are not taken in marine protected areas? Also, that the daily limit is 35 urchins and size does not matter so I will not be required to carry a measuring gauge like with abalone diving? Is all of this correct? (Dan L.)

Answer: Yes to all above. Sea urchins are legal to take in California with a sport fishing license. The season is open year-round for all species of urchin. The limit is 35 urchins per day/in possession and there is no size limit (California Code of Regulations Title 14, section 29.05). Sea urchins can be taken only on hook and line or with the hands (CCR Title 14, section 29.10). These regulations can be found in the Ocean Sport Fishing Regulations booklet, along with the marine protected areas in California that are closed to the take of sea urchins.


Why can’t hunters buy extra preference points?
Question: I’ve noticed in other states that hunters are allowed to buy preference points. Why can’t hunters in California buy extra preference points like elsewhere? (Noel)

Answer: The California Department of Fish and Wildlife (CDFW) does allow hunters who do not wish to apply for a premium hunt in a specific year to essentially “buy” a preference point by applying in the drawings for a preference point. These are only for deer, elk, antelope or bighorn sheep. Hunters can only obtain one point per year and cannot obtain points for previous years in which they did not apply.

According to Tony Straw from CDFW’s Automated License Data System Unit, CDFW’s Modified Preference Point System was established to reward persistent, unsuccessful applicants and provide a predictability of when a hunter will be drawn for their premium hunt choice, while still providing some opportunity for new hunters.

If a system of “buying extra preference points” was implemented, it would remove the predictability of winning a premium hunt because the number of hunters at the various point values would be inconsistent each year (it would depend upon the number of hunters purchasing additional points). Additionally, the advantage gained by a hunter who consistently applied without success over the years would be significantly reduced in a single year as other hunters at lesser point values purchased additional points.

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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.

Human-Powered Boats?

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

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

Question: I have a question regarding a human-powered boat for duck hunting. I understand from the regulations that sails and motors can’t be used, but paddles and oars can. My boat has a prop for propulsion, but it isn’t gas or battery powered. Instead, it has bike pedals so I power it with my legs. It’s called a drive so would that be considered a motor? I am wondering if the “spirit of the law” originally allowed for the use of human power, but because pedals weren’t thought about when the law was written, they aren’t specifically mentioned under the “letter of the law.” How would this be enforced? Would I be OK to use it? (Doug T.)

Answer: Your drive may give the impression that your boat is under power, so if you are checked in the field, I would expect that you would be thoroughly inspected to determine the source of propulsion.

Regulations generally prohibit the take of “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). However, take is allowed if “the motor of such motorboat, airboat or sailboat has been shut off and/or the sails furled and its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor or is being propelled by paddle, oar or pole.”

Since our regulations don’t define what a “motor” is, courts would interpret the word by looking at the dictionary. Most definitions of motor seem to point to a machine or engine. However, many definitions refer to devices that convert one kind of energy into mechanical energy to produce motion. Given this potential ambiguity, many wildlife officers would likely not cite you for shooting from your human powered boat. But, to avoid the potential of being cited, the California Department of Fish and Wildlife (CDFW) recommends you take the propeller out of the water in addition to being stopped while actively hunting.


Lobster double limits?
Question: What form will I need to obtain in order to possess double limits of lobster and what requirements are there? Thank you. (John K.)

Answer: The daily bag and possession limit is seven lobsters. Generally, the law only allows a person to possess a single limit (CCR Title 14, section 1.17). The only exception would be for multi-day trips as authorized under CCR Title 14, section 27.15. This section requires you to submit a Declaration for Multi-Day Fishing Trip to CDFW and to keep a duplicate on the vessel. The trip must be continuous and extend for a period of 12 hours or more on the first and last days of the trip. If you were diving for lobster for 12 hours or more before midnight on the first day of your trip, then you would be able to take your second day’s limit after midnight, as long as your trip extended for at least 12 hours on the second day as well.

The multi-day fishing declaration process is intended to allow persons fishing offshore, on a trip that lasts multiple days, to catch and keep up to three daily limits of finfish, lobster and rock scallops (in Southern California). In addition, no berthing or docking is permitted within five miles of the mainland shore, including Catalina Island. If passengers disembark the vessel to spend time ashore in Avalon, the trip is not continuous and the permit is invalid. This is the intention of the section when it talks about not berthing along the mainland shore.


Are artificial fish scent attractants considered bait?
Question: Are products like artificially 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? Does scent play into the regulations at all? (Mike S.)

Answer: An artificial lure is “a man-made lure or fly designed to attract fish. This definition does not include any scented or flavored artificial baits.” (CCR 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).


Pistol on a wildlife area?
Question: Is it legal for me to have a pistol unloaded and locked up in my truck while hunting at a wildlife area for ducks (for example, in the Mendota Wildlife Area)? (David R.)

Answer: Yes, as long as the pistol is securely locked and stowed.

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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.

Cooking Crabs Aboard my Boat

Dungeness crab (Photo by Carrie Wilson)

Dungeness crab (Photo by Carrie Wilson)

Question: I occasionally spend three days (and two nights) aboard my boat (fully self-contained) on Tomales Bay. Is it legal to cook all or part of your day’s limit of crabs or fish while on board as long as you keep the top shells or full-length filleted fish carcasses as proof of size and limits? I’ve never cooked fish or crab aboard my boat but I’ve always wondered if it was legal. (Dennis G., Placerville)

Answer: Yes, this is permissible. Basically, each licensed person on your boat may only be in possession of one limit of crabs or fish at any time. And while in possession, the fish or crabs must be in a state where the species and size can be readily determined. Once they have been prepared for immediate consumption, carcasses and carapaces may be discarded. But a person who chooses to consume any portion of their legal limit of crabs or fish taken on that day may not take additional crabs or fish until the next day. Taking additional crabs or fish on the same day would result in an overlimit.


Can medical marijuana card holders hold a hunting license?
Question: Is a person who possesses a medical marijuana card legally prohibited from having a hunting license? If so, are there different hunting licenses required by those who archery hunt vs those who hunt with a firearm? (Mario R.)

Answer: According to California Department of Fish and Wildlife (CDFW) Captain Patrick Foy, fish and wildlife laws don’t prohibit a person with a medical marijuana card from obtaining a hunting license. However, the Fish and Game Code (FGC) and common sense prohibit a person from hunting while under the influence (see FGC, section 3001.) There are also regulations relating to use and possession of marijuana on CDFW lands, including those who are in possession for medicinal purposes (see California Code of Regulations Title 14, section 550(x)(2)).

A California hunting license authorizes a person to hunt with any legal method of take. There are a few specific hunts and tags that require a person to use only archery, but the same hunting license is used. All archery hunters are encouraged to take an archery education class in addition to regular hunter education, but it is not required.


How many lobster hoop nets?
Question: How many hoop nets can a person use at one time? On piers and jetties the rule is one hoop net and one fishing pole or two hoop nets, right? I want to be sure I am complying with California laws. (Anonymous)

Answer: On designated public piers and jetties, you’re allowed to use no more than two appliances at a time. That means: 1) one rod and one hoop net, 2) two fishing rods, or 3) two hoop nets at a time (see CCR Title 14, section 1.88 at page 25 in the 2016-2017 Ocean Sportfishing Regulations booklet for the definition of “public pier”).

When it comes to hoop nets fished from a nonpublic jetty or boat, “Between Point Arguello, Santa Barbara County and the United States-Mexico border, not more than five hoop nets … shall be possessed by a person when taking spiny lobster or crab, not to exceed a total of 10 hoop nets possessed when taking spiny lobster or crab, per vessel. The owner of the hoop net or person who placed the hoop net into the water shall raise the hoop net to the surface and inspect the contents of the hoop net at intervals not to exceed two hours” (CCR Title 14, section 29.80(b)).


Gun concealed in glove box while archery hunting?
Question: As a concealed carry permit holder, is it legal to have my gun stored in my vehicle (glove box) while archery hunting? (Birgit G.)

Answer: The answer to your question depends upon what you are hunting and whether you are hunting from your vehicle. The general rule is that “archers may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery only tag” (CCR Title 14, section 354(h)). Similarly, during archery season a deer hunter cannot legally “carry, nor have under his or her immediate control, any firearm of any kind” (FGC, section 4370). These provisions would allow you to leave your handgun in your vehicle as long as you are not hunting from your vehicle.

As of Nov. 11, 2016, a different rule went into effect when taking resident small game. Regulations now authorize the “lawful possession of a concealed firearm pursuant to a concealed carry permit” when hunting resident small game during any archery season (CCR Title 14, section 311). (187)

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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

Hunters Should Use Caution with Wild Rabbits

Hunters should use caution when field dressing wild rabbits.

Hunters should use caution when field dressing wild rabbits.

Question: I’d like to try some rabbit hunting but hear they may carry some kind of disease. Is this true? If so, is this anything to be concerned about and what precautions should I take? (Jeff J., Stockton)

Answer: You may be referring to “tularemia,” a bacterial disease that wild rabbits occasionally carry. According to the Centers for Disease Control and Prevention, “tularemia is a disease of animals and humans caused by the bacterium Francisella tularensis. Rabbits, hares and rodents are especially susceptible and often die in large numbers during outbreaks. Humans can become infected through several routes, including tick and deer fly bites, skin contact with infected animals and ingestion of contaminated water. Symptoms vary depending on the route of infection. Although tularemia can be life-threatening, most infections can be treated successfully with antibiotics.”

To be safe, hunters should take precautions by wearing latex gloves when field dressing their rabbits to minimize exposure to the disease. Be sure to properly cool the animal after field dressing it, and to always cook it thoroughly. Tularemia is named after the place where it was discovered – Tulare.


Booyah Boo Rig
Question: I would like to use a Booyah Boo Rig in coastal ocean waters and possibly for stripers in the Sacramento River. It has five places for flashers or grubs but only one will have a hook. The others are just attractants. Would this be ok? Here is a photo of it. (Dave K.)Booyah Rig

Answer: As long as the rig does not exceed the allowable number of hooks (which generally is three hooks or three lures with up to three hooks each for inland waters), it is legal.

Ocean regulations are less restrictive. Generally, any number of lines and hooks may be used but bear in mind that there are hook/line restrictions for some fish species in both inland and ocean waters, so you’d need to read the regulation for each specific species to know for sure.


Can boat owners be cited for their passengers’ fishing violations?
Question: I’m a small recreational boat owner (ocean fishing). If somebody on my boat violates any Fish and Wildlife laws (e.g. hook barb not completely removed for salmon fishing), am I liable in any way for this infraction? What are my legal “game law” responsibilities for my boat guests? (John S.)

Answer: In ocean waters, boat limits apply to all persons on board. “All persons aboard a vessel may be cited where violations involving boat limits are found, including, but not limited to the following violations: A-Overlimits: B-Possession of prohibited species: C-Violation of size limits: D-Fish taken out of season or in closed areas” (California Code of Regulations Title 14, section 27.60). If the issue is illegal gear, the officer will try to determine which person was using it.


Hunting for small game with pellet guns
Question:
I am 21 years old and am wondering if I need a license or any type of permit to carry an air rifle? Do I need a permit or license to hunt small game or for target shooting? To be honest, I don’t like real guns. I just want to go target shooting with my dad and maybe some hunting for small game with my friends. I plan to go camping this summer with some friends to celebrate my 22nd birthday. It would be great to know what the laws are regarding carrying and hunting with pellet guns. Can you please let me know? (Adeh M.)

Answer: You may use a pellet gun for target practice in areas where shooting is allowed. This includes gun ranges, some public lands (e.g. Forest Service or BLM), and private lands where you have permission to be. Many cities and counties do not prohibit the use of pellet guns but you should check in with the local sheriff’s department to be sure.

Resident small game mammals and birds may be taken with air rifles if you first obtain a California hunting license. In order to get a hunting license, you must first pass a Hunter Education course. Some species like upland game birds require an upland game bird validation on your license.

After obtaining a hunting license, you will need to become familiar with the laws and regulations pertaining to small game hunting. These regulations are contained in the current Waterfowl and Upland Game Hunting Regulation booklet. The regulations pertaining to the take of small game regulations begin on page 26. A summary of these regulations can also be found on our website.

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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.

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.