Tag Archives: invertebrates

Ultra-lights and Fixed Wing Aircraft Harassing Wildlife

Ultra-light aircraft cannot be flown lower than 500 ft. from the surface (Creative Commons photo)

Ultra-light aircraft may not be operated at an altitude lower that 500 feet or closer than 500 feet to any person, vessel or structure (Creative Commons photo)

Question: We live around the Imperial Wildlife Area (Wister Unit) and over the past two years we’ve seen an influx of ultra-light air craft flying over the Imperial Wildlife Area, sometimes very low. For example, on June 15 we saw three ultra-light crafts fly from a local airport and circle all of the wildlife area where there’s water, sometimes getting as low as 25 feet. This spooked all of the waterfowl and shore birds, and most of the shore birds were nesting and harassed by this.

I know there are harassment laws in place for this (Fish and Game Code, section 3003.5) as I contacted California Department of Fish and Wildlife (CDFW) wildlife officers, but all of us were uncertain how or if there are any height restrictions for aircraft flying over state wildlife areas. This has also happened during waterfowl season where the ultra-lights were flying within feet of hunters’ spreads of 2,000 or more snow goose decoys.

Can you please help us determine whether there are any height restriction codes prohibiting such activities over state wildlife areas? I have Googled this and have only found Federal Aviation Administration (FAA) results for federal lands and know now that the FAA doesn’t have state wildlife areas listed. (Richard F.)

Answer: While there is no specific section in the Fish and Game Code regarding these low-flying aircraft, section 2009 may apply. This section

makes it a misdemeanor to willfully interfere with someone who is engaged in the sport of hunting. Given the circumstances you described, this section could be used to prevent these low-flying

aircraft from interfering with hunters on state wildlife areas during the open season.

There are also two regulations that may apply to the actions you describe. “No person shall pursue, drive, herd or take any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile” (California Code of Regulations Title 14, section 251.1). Also, “No person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal’s normal behavior patterns, which includes, but is not limited to breeding, feeding or sheltering” (CCR Title 14, section 251). These regulations are punishable as misdemeanors.

Low-flying aircraft are regulated by FAA Federal Aviation Regulations (FARs) and the US Code of Federal Regulations (CFR). Generally, when flying over other than congested areas (i.e. cities, towns or settlements), they may be operated at an altitude not lower than 500 feet above the surface, except when over open water or sparsely populated areas where they may not be operated closer than 500 feet to any person, vessel, vehicle or structure (FARs, CFR Title 14, section 91.119(c)). (442)


Shipping sport-caught fish home
Question: We have chartered a sportfishing party boat for 25 of our out-of-town clients. If they get their daily bag limits and want their fish shipped home via overnight carrier, would each person have to be present at the shipping office with their fish? If so, would each person need to show their fishing license to the clerk at the shipping office? Would each person’s fishing license need to be packed inside the box with the fish being shipped out? Or could someone from our business have each person’s fishing license/ID and just ship everyone’s fish home for them? (Annette T.)

Answer: Each person would need to be present to check their fish into the shipping office because it is unlawful for someone to transport more than one limit of fish (FGC, section 2347). It’s also illegal for someone to ship more than one limit of fish (FGC, section 2346). While each angler will need to be at the shipping office with their fish, they are not legally required to show their fishing license to the shipper, nor do they need to include a copy of their fishing license inside the box containing their fish (but it’s not a bad idea to do so). The carrier may have their own policy on this, but CDFW does not regulate it. The outside of the package containing the fish must clearly and conspicuously indicate the name and address of the shipper, name and address of the consignee and the number and kind of fish inside the package (FGC, section 2348).


Making your own abalone irons
Question: I would like to make my own abalone irons. What are the specifications to do so legally? (Jim B., Oakdale)]

Answer: Abalone irons must be less than 36 inches long, straight or with a curve having a radius of not less than 18 inches, and must not be less than 3/4 inch wide nor less than 1/16 inch thick. All edges must be rounded and free of sharp edges (CCR Title 14, section 29.15[e]).

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.

What’s Required When Packing out Game?

Mule deer around Clear Lake (USFWS photo)

Mule deer around Clear Lake (USFWS photo)

Question: What are the laws on deboning a bear or deer to pack out the meat? I don’t know of any laws saying I cannot debone a deer or bear as long as I am able to prove that the quarters and heads are all part of the same animal. I’m just looking for clarity as I am heading into X9A for my first time and I plan on hiking into deep country on foot. (Brad P.)

Answer: This is a legal practice as long as you can verify what animal the meat belongs to. The only problem that may arise is when people are packing out multiple animals at the same time. If that’s the case, the California Department of Fish and Wildlife (CDFW) asks that hunters keep each animal separate to avoid any misunderstandings.

For deer, you must pack the antlers out with the meat to verify the sex, and the antlers must be tagged. With bears, you must pack the skin and the portion of the head bearing the ears along with the meat so that we can extract a tooth for aging purposes (FGC 4757). You are not required to prove the sex of bears.

In addition, all hunters must comply with Fish and Game Code, section 4304, which prohibits needless waste of any portion of the meat that is usually eaten by humans.


Nontraditional measurement devices?
Question: I am aware that a person must be able to judge the size of their take, but are there any regulations saying what types of devices the person must carry? For example, I recently observed a group that were crabbing and their only means of measurement was a cut zip tie, but it was indeed the correct minimum length. (Katlyn G., Sausalito)

Answer: It varies, but for crab, the only requirement is that the device be capable of accurately measuring the minimum size of the species (California Code of Regulations Title 14, section 29.05(c)). But, sometimes the regulations are very specific about the type of measuring device that is required. Persons taking abalone, for example, “shall carry a fixed-caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell” (CCR Title 14, section 29.15(f)).

An object such as a ruler is capable of accurately measuring rock crab because size limits are “measured by the shortest distance through the body, from edge of shell to edge of shell at the widest part.” For Dungeness crab though, the measurement is “five and three-quarter inches measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines).” Because of the curvature of the Dungeness carapace, and the need to measure the straight line distance across a curved surface between the points, a measuring device such as a ruler or zip tie is not accurate. CDFW recommends using a fixed or adjustable caliper for Dungeness crab. It does not have to be commercially purchased and we have seen devices cut out of wood or plastic that work fine.


Sale of valley quail during the offseason?
Question: Is it legal to sell pen-raised valley quail during the offseason to be used to train dogs? The pen-raised valley quail will have CDFW tags that I think only cost a few cents each. (Matthew W., Santa Rosa)

Answer: Interesting question since very few people raise California quail and instead raise bob white. However, the answer is yes, they can be sold if they were bred and raised under the authority of a CDFW Domesticated Game Breeder License (see Fish and Game Code, section 3201). The birds will need to be marked with game bird tags to differentiate them from wild birds. These tags are sold to game bird breeders through our License and Revenue Branch for less than four cents each.


Spearfishing with scuba before free diving for abalone?
Question: If I’m out spearfishing with scuba gear, can I leave the scuba gear in the boat to also free dive for abalone? (Anonymous)

Answer: No. Sport divers are prohibited from using scuba or other surface-supplied air equipment to take abalone, and they cannot possess abalone on board any boat, vessel, or floating device in the water containing scuba or surface-supplied air. There is no problem transporting abalone and scuba gear together while on land. Divers working from boats, kayaks, float tubes or other floating devices who wish to use scuba equipment to spear fish or harvest sea urchins, rock scallops or crabs of the genus Cancer, will need to make a separate trip for abalone.

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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.

What’s the Best Method for Catching Octopuses?

Octopus and shrimp in reef at Anacapa Island (Photo by Derek Stein)

Octopus and shrimp in reef at Anacapa Island (Photo by Derek Stein)

Question: We have a question about catching octopus. Can octopus caught in crab traps be kept? Can sport fishermen use traps to target octopus for sushi or to use for bait? If not traps, can you recommend a better way? Also, are there any seasons, bag limits and/or size limits for octopus? (Nick W.)

Answer: No, traps may not be used to take octopus. They can be taken only by hand or hook-and-line fishing gear and no chemicals of any kind may be used to assist in taking octopus by hand. Octopus may be taken year-round, and up to 35 octopi may be taken per day or possessed at any time. Scuba diving equipment may not be used to take octopus north of Yankee Point, Monterey County (California Code of Regulations Title 14, section 29.05). There are no size limits for octopus.


Legal to hunt with an AK-47?
Question: Is it legal to hunt with a California legal AK-47? I understand I am supposed to use soft point ammunition, but I was wondering if the rifle itself will pose legal issues when it comes to hunting. (James M.)

Answer: If your rifle is one that is legal to possess in California, it would be legal to use for hunting purposes. However, you must have legal ammunition for the area and species you plan to hunt. When hunting big game, center-fire ammunition and soft-nosed or expanding bullets are required. Nonlead projectiles are required when taking bighorn sheep or when hunting any wildlife on a state-managed Wildlife Area or Ecological Reserve.

The laws relating to assault rifles and high-capacity magazine are quite complex. The agency with the most expertise in this area is the California Department of Justice, Firearms Division (note the sections that specifically address assault weapons and high capacity magazines). You can either check their website or call their general information
line at (916) 227-7527.


Trapping Eurasian-collared doves for bird dog training?
Question: Is it legal to trap Eurasian-collared doves? I’ve purchased a bird dog pup and would like to use them for live bird training. If it is legal, do I just need my hunting license or is a trapping license needed? Also, are there any special rules about transporting them live to a field to train with? (Chris R.)

Answer: Eurasian-collared doves are resident game birds and the allowed “methods of take” can be found in the Waterfowl and Upland Game Hunting Regulations booklet under CCR Title 14, section 311 on page 26. Trapping is not an allowable method of take for game birds.


Can guests fish without a license from my private pond?
Question: I recently purchased a home with a private pond. Is it ok for my guests to fish the pond without a fishing license? (Randy N.)

Answer: A sport fishing license is not required for fishing in waters on private property by the owner or the owner’s invitee IF a number of conditions are met. First, those waters must be wholly enclosed by that owner’s real property, and the waters not have a hydrological connection to any permanent or intermittent waterway of the State. Also, an invitee shall not have compensated the owner for such a fishing privilege, nor shall the fish be taken for profit. Otherwise, your guests need fishing licenses. Seasons, bag limits and other California angling regulations apply to all waters on private lands in California, except for the ponds of Registered Aquaculturists.


Sell a moose mount?
Question: Can a person sell a moose mount? I don’t see anything in code or title but thought you may know. (Yvette A. )

Answer: California law does not prohibit the sale of a moose mount because moose are not found in the wild in California. Fish and Game Code, section 3039(a) states, “It is unlawful to sell or purchase a bird or mammal found in the wild in California.”

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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.

Crabbing from Shore with a Launcher?

California crab fishermen who is fishing with a crab snare. (Creative Commons photo)

California crab fishermen who is fishing with a crab snare. Crab loop traps (crab snares) may have up to six loops. (Creative Commons photo)

Question: While crabbing from shore with a rod/reel/crab snare, I was not having any luck. I noticed a guy on a paddle board with a crab trap just past my maximum casting distance, and he was catching crabs no problem. Would it be legal to launch a crab snare, attached to the line of a rod and reel, with a catapult, trebuchet, water balloon launcher or similar device? If only I could get it out 10 more feet or so I feel I would have better success. (Ivan M., San Francisco)

Crab loop trap or crab snare (Creative Commons photo)

Crab loop trap or crab snare (Creative Commons photo)

Answer: There are no Fish and Game regulations that prohibit the use of a device to send your terminal gear out to locations beyond where you can cast. However, you might want to check local (city, county, state beach, etc.) ordinances for the beaches where you will be crabbing prior to using one of these devices. Some people use kites or remote controlled boats for this purpose.


Can retired peace officers countersign a deer tag?
Question: I was reviewing the persons authorized to countersign a deer tag recently and was wondering if you could clarify whether peace officers (salaried and non-salaried) are authorized? If so, can retired peace officers also sign off another person’s deer tag? I have been told yes and no by two different wardens. (Mike D., Salinas)

Answer: Retired officers are not authorized to countersign deer tags. The only people authorized to countersign deer tags are those people listed under California Code of Regulations Title 14, section 708.6., which include:

(A) State:
1. Fish and Game Commissioners
2. Employees of the Department of Fish and Game, including Certified
Hunter Education Instructors
3. Employees of the California Department of Forestry and Fire Protection
4. Supervising Plant Quarantine Inspectors
5. Junior, Intermediate and Senior Plant Quarantine Inspectors

(B) Federal:
1. Employees of the Bureau of Land Management
2. Employees of the United States Forest Service
3. Employees of the United States Fish and Wildlife Service
4. All Uniformed Personnel of the National Park Service
5. Commanding Officers of any United States military installation or their
designated personnel for deer taken on their reservation
6. Postmasters and Post Office Station or Branch Manager for deer brought
to their post office

(C) Miscellaneous:
1. County firemen at and above the class of foreman for deer brought into
their station
2. Judges or Justices of all state and United States courts
3. Notaries Public
4. Peace Officers (salaried and non-salaried)
5. Officers authorized to administer oaths
6. Owners, corporate officers, managers or operators of lockers or cold
storage plants for deer brought to their place of business


Question on abalone start time
Question: I know that the start time for abalone diving is now 8 a.m. If it takes me 15 minutes to swim out to the spot I want to start diving for abs, can I enter the water at 7:45 a.m. and not make my first dive until 8 a.m., or does the law mean that there is no entry into the water at all until 8 a.m.? Thanks, (Don C.)

Answer: Abalone may be taken only from 8 a.m. to one-half hour after sunset (CCR Title 14, section 29.15(b)(2)). Although “take” includes the pursuit of abalone, as long as you are just swimming on the surface out to your dive spot and don’t begin your actual searching or diving down for these mollusks until 8 a.m., you would not violate the start time.


What determines wanton waste of fish?
Question: What would be considered deterioration or waste of fish? I understand that leaving them on the shoreline or in a garbage can would be waste, but would it also apply to using the whole fish as fertilizer or something like that? (Zach T.)

Answer: Anglers are expected to make reasonable efforts to retrieve and utilize any fish taken. It is unlawful to cause or permit any deterioration or waste of any fish taken in the waters of this state (CCR Title 14, section 1.87). Although most fish taken under the authority of sport fishing licenses are utilized for human consumption, the regulation does not prescribe how fish are to be used.

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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.

DIY Personal Domoic Acid Testing of Crabs?

Dungeness crabs from San Francisco (photo by Carrie Wilson)

Dungeness crabs from the San Francisco Bay Area (photo by Carrie Wilson)

Question: Is there any kind of domoic acid test kit available that a consumer can use to test his/her own crabs? I would think there would be a lot of interest in this. I love to catch and eat crabs but also hate risking getting sick! (Bob W.)

Answer: If you do a google search you will find some kits that state they will detect domoic acid toxins in shellfish, marine algae and water samples. However, the California Department of Fish and Wildlife (CDFW) cannot comment on the suitability of these products to address your concerns. You can minimize your risk though by following California Department of Public Health (CDPH) advisories. In their recent news release, CDPH advised that meat from Dungeness crabs caught in areas where the advisory has been lifted is safe to consume. However, consumers are advised to not eat the viscera (internal organs, also known as “butter” or “guts”) of crabs.

Crab viscera usually contain much higher levels of domoic acid than crab body meat. When whole crabs are cooked in liquid, domoic acid may leach from the viscera into the cooking liquid. Water or broth used to cook whole crabs should be discarded and not used to prepare dishes such as sauces, broths, soups or stews (i.e. cioppino or gumbo), stocks, roux, dressings or dips.

To check for current health warnings on the consumption of crabs and other shellfish, I suggest you call CDPH’s shellfish hotline at (800) 553-4133 or visit CDPH’s Domoic Acid health information Web page. This information is always up to date and available via a recorded message 24/7.


If I see a mountain lion, who do I call?
Question: What do I do when I see a mountain lion come on my property? Who do I call? (Darren M.)

Answer: If you see a mountain lion come onto your property, you don’t need to call anyone unless the animal is acting aggressively toward you or your family, or if it appears to be sick or diseased. If you feel it is an immediate threat to you, call 911. But mountain lions are usually just looking for deer or other prey animals.

If you do know you have a mountain lion around your home, I suggest you keep small children, pets and other animals in a protective area, especially from early evening through mornings when mountain lions are most active. If the animal is just passing through, as they typically do, you might just watch it and enjoy the unique opportunity you’re being given to actually see one. Most people will never have the chance to see one in their lifetimes.

For more information, please check out our living with mountain lions webpage.


Do blue catfish reproduce in California?
Question: Do blue catfish reproduce in California lakes? If not, why? (Mike M., Anaheim)

Answer: Blue catfish can reproduce if they are mature (which can take 4-7 years) and the right temperatures and other environmental conditions exist. In the wild, they typically prefer a cave habitat where they can construct a nest (eg: under rock ledges, logs, or undercut banks) and it is the male that guards and protects the eggs and young fry. Catfish farmers often place into their ponds containers like old milk cans to help the spawning catfish establish nests so that the eggs are easily retrieved and further nurtured in the hatchery. In California, spawning season is late spring/early summer, as temperatures are warming.


Lifetime license still valid if I move out of state?
Question: I was looking into the Lifetime Hunting/Fishing license. This may be a stupid question but if I leave the state of California and change my residency, do I forfeit the whole lifetime license? I assume I must live in California in order to qualify. (Bill)

Answer: No, you won’t forfeit it. Under the provisions of a Lifetime Hunting or Fishing License, your license is valid for hunting/fishing when you return to visit even if you move out of state. You would be required to buy non-resident tags for big game species but the license is still valid. For more on the benefits and privileges of hunting and fishing lifetime licenses, please visit the department website.


Can you harvest abalone for a handicapped individual?
Question: Just curious if there are any provisions in the abalone regulations to allow someone to assist a handicapped person. For example, if the person is unable to dive for abalone, can someone else harvest the catch for them? (Todd J., Milbrae)

Answer: No, an individual may only take or possess one daily limit of abalone (which is three). A diver could take three abalone one day, record and tag them with their abalone report punch card and tags, and then give them to a disabled person who is not able to dive. Then the following day, the diver may go out to get three more abalone for themselves, and again, report them on the punch card and tag them in accordance with the 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.

Falconry Road Hunting from a Moving Vehicle?

Harris Hawk_0916_Carrie Wilson

Harris Hawks are commonly used for falconry hunting (Photo by Carrie Wilson)

Question: Is it legal or illegal to release a hawk or falcon (pursuant to a falconry license) from a moving vehicle to take game or non-game species? I am wondering if falconry road hunting would fall under the same illegal pursuit law that applies to hunting with firearms and archery under section 251. (Harris H., Modesto)

Answer: Yes, your assumption is correct. It would be illegal for a licensed falconer to release hawks or falcons from a moving vehicle because the law states, “No person shall pursue, drive, herd or take any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile” (California Code of Regulations Title 14, section 251.)


When can Dungeness crabs be cleaned?
Question: I know abalone and lobster have restrictions on retaining whole animals until consumption, but I can’t find any restriction in the regulations on cleaning Dungeness crab. I know many boil and serve Dungeness crab whole. However, I find it easier to “back” the crab by cracking the shell into two pieces and removing the organs. Then I boil only the meat parts. When can I legally clean the crab? On the boat, back at the dock at a fish cleaning station, when I am home or after boiling? Thanks. (Dave C. )

Answer: Like with other finfish and shellfish with minimum size requirements, you must maintain the crab in a condition to where it can be identified and measured to ensure it meets any minimum size limit. Crabs possessed on a boat must be kept in such condition that the size and species may be determined (Fish and Game Code, sections 5508-5509). There is no requirement once ashore. Remember, the definition of “Fish” includes wild fish, mollusk, crustacean (crabs), invertebrate, amphibian, or part, spawn or ovum of any of those animals (FGC section 45). Therefore, while on a boat, you can clean the crab by removing the viscera whenever you like but must maintain the crab in a condition where it can be identified and measured across the back to ensure compliance with the size limit.


Where are all of the nesting turkeys?
Question: I know this is the courtship and nesting season for turkeys and that they roost in trees at night, but where do they nest and for how long? I’m seeing lots of toms right now but not many hens and have not found any sitting on nests. How soon before the newly hatched chicks will be out and on their own? Thanks for any insight. (Dwayne J.)

Answer: In most areas, nests can be found in a shallow dirt depression surrounded by moderately woody vegetation that conceals the nest. Hens look for locations close to food and water and with ample cover to safely conceal the hen and her poults (chicks) once hatched. Hens are very leery of predators, such as coyotes and fox, but do leave the nest unattended for brief periods to feed and drink.

Hens will lay a clutch of 10 to 12 eggs during a two-week period, usually laying one egg per day. She will incubate her eggs for about 28 days, occasionally turning and rearranging them, until they are ready to hatch.

A newly hatched flock must be ready to leave the nest to feed within 12 to 24 hours. Poults eat insects, berries and seeds while adults will eat anything from acorns and berries to insects and small reptiles. Turkeys usually feed in early morning and in the afternoon.

For more information on wild turkeys, please check the California Department of Fish and Wildlife (CDFW) hunting website at http://www.wildlife.ca.gov/Hunting and the National Wild Turkey Federation website at http://www.nwtf.org.


Can barnacles be harvested?
Question: I live in San Luis Obispo County and read the fishing regulations where it says barnacles cannot be harvested in the intertidal area. What about other non-intertidal areas, such as piers, jetties, etc.? I thought I read somewhere that the limit was five pounds. (Michael H.)

Answer: The applicable regulation (CCR Title 14, section 29.05) does not allow collection of barnacles “in any tidepool or other areas between the high tide mark (defined as Mean Higher High Tide) and 1,000 feet seaward and lateral to the low tide mark (defined as Mean Lower Low Water).” If you can find barnacles offshore more than 1,000 ft. beyond the low tide mark, by law you may take them. If you found barnacles more than 1,000 ft. beyond the low tide mark and wanted to take them, you would be limited to 35 barnacles per day/in possession, again per section 29.05. There is no five pound limit for barnacles (you may be thinking of the 10 pound limit for mussels).

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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.

Selling Tickets for a Fundraiser Serving Abalone?

Red abalone can be shipped out of state only certain conditions. (© Derek Stein)

Sport-taken abalone may not be bought, sold, bartered or traded. To use abalone for a non-profit fundraising dinner, the cost of attending the dinner must be advertised as a requested donation to the organization putting on the dinner (Photo by Derek Stein)

Question: My husband and I dive for abalone in Humboldt where we live. If we don’t consume them right away, we freeze them whole in the shell as the local wildlife officer advised us years ago. I also work for a nonprofit hospice in Sutter County and they will soon have a fundraiser at a private house where many of our staff will prepare appetizers for 100 guests. I want to prepare abalone appetizers from three abalone that we already have tagged and frozen from last season. The event is being professionally catered for the meal and dessert and so they are selling tickets, but no one is paying for or making money from the abalone I want to cook. The abalone is such a minuscule part of the meal. I just want to make sure I am allowed to bring it to an event like this and I was not able to find anything specific about that in the regulations. Please advise. Thank you. (Amy M.)

Answer: Sport-taken abalone may not be bought, sold, bartered or traded (Fish and Game Code, section 7121.) If sport-taken abalone are used for a non-profit fund-raising dinner, then the cost of attending the dinner must be advertised as a requested donation to the organization putting on the dinner. In your situation, if you are just providing a few abalone for an appetizer, and as long as the dinner is not advertised to contain abalone in order to sell more tickets to the fund-raising dinner, then you will not be violating the law.


Are hunters required to wear blaze orange hunting vests?
Question: I recently completed my hunter safety education course, got my license and went hunting with a small group on private land. None of us wore hunter safety orange vests as we were all together at all times and in each others line of sights. I see hunting shows where they sometimes don’t wear the orange hunter vests either. When do you wear the vests? Is it acceptable to not wear them while on private land when you’re with a small group and know where everyone is? Or, do you have to wear blaze orange all the time while hunting? (Joseph L.)

(Photo courtesy of National Shooting Sports Foundation)

(Photo courtesy of National Shooting Sports Foundation)

Answer: Though some states require hunters (especially when hunting upland game) to wear blaze orange all the time while in the field for safety reasons, California Fish and Wildlife laws do not require it. However, keep in mind that some military bases such as Camp Hunter Liggett and Camp Roberts do require blaze orange. It is a good idea to wear this distinctive color whenever possible for your safety as it does help you to stand out. You’ll find that orange is being incorporated more and more into hunting camouflage patterns to provide greater safety. One thing to note for deer hunting, deer cannot detect the color orange. To deer, orange looks gray.


Can local police issue Fish and Game citations?
Question: Can local police issue a violation for no fishing license? (Phil F.)

Answer: Yes, they are authorized to cite people who are breaking fish and wildlife laws but in many cases they will contact the California Department of Fish and Wildlife (CDFW) and turn the case over to our wildlife officers.


Shooting clay pigeons in dove fields when doves out of season?
Question: Is it legal to shoot clay pigeons in the same fields that I use for dove hunting when doves are not in season? (Richard X.)

Answer: Fish and Game laws do not generally cover target practice. However, Fish and Game law does prohibit target practice on most state wildlife areas, except in specifically designated areas that are identified as such. Keep in mind that shooting clay targets produces a lot of litter. Please make sure you have the property owner’s permission before you do it and comply with their requirements regarding cleanup.


Glasses when abalone diving?
Question: I wear reading glasses. I don’t like to take my glasses on the beach or in the water with me because I don’t want them to get scratched. However, without my glasses, I cannot clearly read the new abalone cards. Last season I accidentally used the wrong tag (one that was not in sequential order) because I could not read the numbers. What can I do to make this easier? (Zoe D., Trinidad)

Answer: I can empathize with your frustrations. You may want to consider including non-prescription reading glasses and/or a small magnifying glass in your dive bag or innertube. Either can be purchased at many convenience stores for under $15. At least with these you would not have to risk losing or breaking your prescription glasses and you will be able to comply with the 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.