Tag Archives: invertebrates

Baiting or Habitat Enhancement?

Mule deer on scenic hillside (USFWS photo)

Mule deer on scenic hillside (USFWS photo)

Question: I am an avid outdoorsman here in Southern California. I noticed on a recent scouting trip that someone left a bucket in one of my upland game hunting locations. It had some water in it and it looked like it was placed there to act as a person’s DIY waterhole. I’m not sure if they left it by accident or if they placed it there in the hopes of attracting deer and game birds. Does this count as feeding? I’m fully aware there are prohibitions on feeding and baiting big game, and I am aware there are restrictions on baiting small game like quail, but does leaving your own water count as feeding or baiting? I looked at the regs and I didn’t find a definition of what feeding is, at least in regard to this situation. NGOs build these types of devices all the time as habitat enhancement in areas where big game need access to water. I’d imagine it is done with proper permission and permits, yet I did not want to leave a CalTIP report about a poacher if this was not illegal. (Robert T.)

Answer: As long as the person placing the watering device has permission from the land owner or controlling agency to place it on the property, there should be no issue. However, regulations may prohibit hunting near the watering device if it is on public land (California Code of Regulations Title 14, section 730). This code section prohibits hunting for more than 30 minutes within 200 yards of wildlife watering places on public land within the boundary of the California Desert Conservation Area, or within ¼ mile of six specified wildlife watering places in Lassen and Modoc Counties. The definition of “watering place” includes man-made watering devices for wildlife.


Fishing outside restricted depths?
Question: A while back I read some fishing reports from some partyboats out of Sonoma County who were reporting they had picked up limits of rockfish and lings and were then running out to 220 feet of water to fish trolling gear for salmon. Isn’t this illegal? How do these commercial sportfishing boats get away with it? (Dan F.)

Answer: Yes, that practice would be illegal. Partyboats must abide by the depth restrictions for the groundfish management area where they are fishing. For the area you describe it would be 180 feet, and if groundfish are on the boat, no fishing may occur in deeper water. A partyboat could have gone salmon fishing in 220 feet and then moved to legal depths to catch rockfish inside 180 feet, but not in the manner you describe. If groundfish were caught while fishing the deeper water for salmon, they would have had to be released.


Fishing by Delta farmer’s pumps
Question: I was fishing in a boat on the California Delta yesterday. A farmer’s pump was pumping and the farmer stopped his truck on the levee to tell me that it’s against the law to fish within 100 yards of a running pump. I’ve never heard of that, and I was wondering if the farmer was just blowing smoke. What do you think? (Ken A.)

Answer: The farmer was mistaken, but CCR Title 14, section 2.35 does prohibit taking fish within 250 feet of any fishway; egg-taking station; dam, weir or rack that has a fishway or an egg-taking station; and the upstream side of any fish screen.


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

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


Bear spray for personal protection?
Question: Is bear spray legal for personal protection while deer or pig hunting in California? (Tony B.)

Answer: Yes. And not only is it legal, many people also recommend it!

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

Why So Many Blacktail “Stags”?

Stags are male deer that most notably exhibit antler abnormalities, often due to hormonal changes resulting from testicular damage or caused by a birth defect known as “cryptorchidism.” (Photo by Carrie Wilson)

Stags are male deer that most notably exhibit antler abnormalities. Often this is due to hormonal changes resulting from testicular damage or caused by a birth defect known as “cryptorchidism.” (Photo by Carrie Wilson)

Question: While looking through our trail cameras in a particular area this year, we’ve observed that roughly a third of the blacktail bucks are actually stags. I’ve been told that a parasite causes this and so I am curious what the cause might be. I am also concerned with the prevalence of this condition in this herd. Is this something that can take over a herd? Also, are there any exceptions for taking a mature buck that will never grow a fork? (Ian S.)

Answer: By definition, stags are male deer that most notably exhibit antler abnormalities. This is often due to hormonal changes resulting from testicular damage or caused by a birth defect known as “cryptorchidism.” When the normal production of testosterone is altered or diminished, the antler characteristics may morph to look significantly different from those of normal bucks and the animals’ behavior may never change to take them into the seasonal rut. Stags may remain in velvet and not shed their antlers, or the antlers may become misshapen and grow many points. Some stags never grow any points at all.

We are aware of this occurrence and have been taking reports of bucks with underdeveloped or atrophied testicles, primarily from the northwest region of the state. Our wildlife veterinarians are collecting and analyzing samples when they get them, but the cause is still undetermined. We really doubt that it’s due to a parasite but our research continues as a definitive cause has yet to be found.

As far as exceptions for the take of one of these stags without a fork, there are none. Regulations require bucks to have a forked horn or better, and there are no exceptions when filling a buck tag.


Miss Peep is still in my pool and won’t leave
Question: I live in Riverside and rent a house with a pool that a mommy duck and her three ducklings have also been enjoying. I left them alone to do their own thing so that they would hopefully move on when ready. Unfortunately, one disappeared and one drowned even though I put a ramp at the steps of the pool. One duckling (Miss Peep) has survived and grown a lot. Mother duck flew away about two weeks ago but Miss Peep is still hanging out.

My dilemma is the owner of the house is opposed to her staying here and so has instructed the pool guy to “add something” to the water that the pool guy said will make her sink, or possibly drown. I’m very upset by this but am not certain she can fly away yet. She’s about 10-11 weeks old and I’ve never even seen her try. I really want to see her survive and fly away as she is intended. Food is plentiful, with an abundance of crickets in my yard.

Is it illegal to use something in the pool that can harm the duck? We have told the pool guy that she is a protected animal and to not disturb her. Last week my son saw him spraying pool water at her, perhaps as a joke, but it isn’t funny to me. What can I do to protect this little duck and get her off on the right feathered flight? (Dawn F., Riverside)

Answer: The little duck should be nearly ready to fly. The general rule is around 60 days to flight. If the little duck feels safe in your yard with the pool and it has plenty of food, it may not be motivated to fly off right away. Your best course of action would probably be to contact a nearby wildlife rehabilitator near you to ask for assistance.

For a list of approved and licensed rehab facilities, please go to http://www.wildlife.ca.gov/conservation/laboratories/wildlife-investigations/rehab/facilities. Good luck with Miss Peep!


Octopus fishing with PVC tubes?
Question: I’m curious about octopus fishing. I know they are considered mollusks without shells and the only permitted methods of take listed are hook and line and by hand. Are there any other more detailed restrictions I should be aware of regarding octopus? Is the use of scuba permitted? I’ve read about setting out sections of PVC tubes in sandy areas between reefs as a sort of trap. Would it be legal to set these out and then either freedive or scuba down and grab the octopus out of them by hand? (Michael S.)

Answer: You may either freedive or use scuba to take octopus by hand. However, don’t set out any PVC tubes. These would be considered a trap and cannot be used to take octopus.

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

New Dungeness Crab Trap Regulations in Place

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

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

Question: Are there new regulations for Dungeness crab traps? I heard traps must be marked with the “GO ID” number. Is this something I need to get to put on my traps? When does the season open and are there any other new regulations? (Peter G., Bodega Bay)

Answer: The recreational Dungeness crab season will open statewide on Sat., Nov. 5. However, the California Department of Public Health (CDPH) has issued a warning to recreational anglers not to consume the viscera (internal organs) of Dungeness crab caught in coastal waters north of Point Reyes due to the sporadic detection of elevated levels of domoic acid in the viscera of Dungeness crabs caught off the northern California coast. Recreational crabbers should consult the CDPH biotoxin information line at (800) 553-4133 or CDPH’s Domoic Acid health information webpage for more information.

Several new regulations became effective on Aug. 1, 2016 and are available beginning on page 50 in the Ocean Sport Fishing Regulations book. Some of these include:

Crab trap buoys must display the “GO ID” number of the operator of the trap.

This is the unique 10-digit identifier assigned by the Automated License Data System to your profile. It will appear on your fishing license and all documents purchased through the California Department of Fish and Wildlife (CDFW). Crab traps must possess a buoy and each buoy must be legibly marked with the trap operator’s GO ID number as stated on his or her sport fishing license. This regulation will help to ensure that crab traps are being used by the designated operator of the trap in order to prevent others from unlawfully disturbing or removing crab from crab traps. This regulation does not apply to traps deployed from commercial passenger fishing vessels (i.e. charter and party boats) or hoop nets.

Crab traps must contain at least one destruct device made from a single strand of untreated cotton twine size No. 120 or less that creates an unobstructed opening anywhere in the top or upper half of the trap that is at least five inches in diameter when this material corrodes or fails.

Destruct devices prevent “ghost fishing” (the continuous trapping of organisms in lost or abandoned trap gear). The cotton twine must be a single strand and untreated in order for the material to corrode relatively quickly on lost or abandoned gear, and to keep the twine from snagging on itself once it comes apart. The smaller the size of cotton twine used, the faster the material will corrode in lost or abandoned trap gear. The opening must be located in the top or upper half of the trap in case the trap becomes silted in over time. Try using untreated cotton twine attached between the metal or plastic hook and the rubber strap that keeps the top of the trap lid (or trap side) closed. The cotton twine should be attached with a single loop to aid the destruct process (see illustrations).

Crab traps must not be deployed or fished less than seven days prior to the opening of the Dungeness crab season.

New this season, crab traps used to take either Dungeness crab or rock crab can’t be used or deployed in state waters from Oct. 29 until the Dungeness crab fishery opens at 12:01 a.m. on Nov. 5. Any crab traps found in ocean waters prior to this seven-day period should be removed from the water by Oct. 28. This is to prevent the unlawful take of Dungeness crab before the season starts. “Take” is defined as hunting, catching, capturing or killing of fish, amphibians, reptiles, mollusks, crustaceans or invertebrates, or attempting to do so.

New this year: In an effort to help recreational crabbers when deploying crab trap gear to reduce surface lines and entanglements with animals (especially marine mammals and sea turtles) and other vessels, CDFW created the Best Practices Guide available online. Please check it out. And although there is no time limit for the checking of crab trap gear (as there is for hoop nets), frequent visits will ensure that traps are in good working condition and that crab captured in the trap are not held for too long.

Regulations remaining in place include: Every crab trap must be outfitted with two rigid circular escape openings that are a minimum of 4¼ inches in diameter and located so that the lowest portion is, at the most, five inches from the top of the trap. This is to allow small crabs to easily escape from the trap. Crab traps can only be used in state waters north of Point Arguello, Santa Barbara County. There is no limit to the number of crab traps that can be used by recreational crabbers, except the limit is 60 when operating under authority of a commercial passenger fishing vessel license. The daily bag and possession limit for Dungeness crab remains the same at 10 crabs per day with the minimum size limit 5¾ inches (measured by the shortest distance through the body from the edges of the shell directly in front of and excluding the points/lateral spines).

Dungeness crab can be taken in all ocean waters of the state where they occur, excluding San Francisco and San Pablo bays. They can be taken using hoop nets, crab traps and/or crab loop traps, also known as crab snares, or skin and scuba divers may take them by hand. Dungeness crab can be taken in freshwater areas of the state between Del Norte and Sonoma counties only by hand or hoop net during the open season, and the same daily bag and size limits apply.

For the latest crab fishing information, please visit the CDFW website.

Examples of 5-inch diameter destruct devices using single strand No. 120 untreated cotton twine.

d-crab-trap-1

Box trap with single strand No. 120 untreated cotton twine attached to 4 1/4-inch escape ring. (CDFW photo by J. Langell and J. Hendricks)

Escape ring removed. Corners of attachment points to the escape ring are bent down to achieve 5-inch diameter destruct device. photo by J. Langell and J. Hendricks

Escape ring removed. Corners of attachment points to the escape ring are bent down to achieve 5-inch diameter destruct device. (Photo by J. Langell and J. Hendricks)

d-crab-trap-3

Box trap using rubber strap, single strand No. 120 untreated cotton twine, and hook to secure side of trap. (CDFW photo by J. Langell and J. Hendricks)

d-crab-trap-4

When No. 120 untreated cotton twine deteriorates on the box trap, the open side of the trap meets the minimum 5-inch diameter destruct device requirement. (CDFW photo by J. Langell and J. Hendricks)

d-crab-trap-5

Round trap (or “pot”) using rubber strap, single strand No. 120 untreated cotton twine and hook to secure lid of the trap. When No. 120 untreated cotton twine deteriorates, the lid of the trap opens and meets the minimum 5-inch diameter destruct device requirement.

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

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



Monterey Rio Turkeys_186_8661

Rio Grande turkeys from Monterey (photo by Carrie Wilson)

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

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

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

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

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

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

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


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

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

Here’s what the regulations say:

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

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


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

Answer: Yes.


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

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


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

Carrie is on vacation. This column was originally published Aug. 9, 2012.

Determining the Sex of Black Bass

Largemouth bass are very difficult to sex unless you catch them in spawning mode (Creative Commons photo)

Largemouth bass are very difficult to sex unless you catch them in spawning mode (Creative Commons photo)

Question: We fish Lake Silverwood most of the time, and usually it’s for bass. Is there a way to determine the sex of a largemouth bass? We are interested primarily in the fish we catch in the spring. Also, are crayfish part of the diet for bass in Lake Silverwood? (Doug T., Hesperia).

Answer: Unfortunately, there is no easy way to sex black bass (including largemouth bass) unless they are in spawning mode. The males move up first into the spawning areas and make the nests. The females then join them when they’re ready. When you see a pair on a nest, the male is usually the smaller of the pair and will be the most aggressive. A single female will mate with more than one male during the spawning season. And regarding their diet, yes, crayfish are part of the black bass diet.


Deer hunting from my house?
Question: I have a house on five acres in northern California and have some really nice bucks on my land. Every day they come within a few feet of my house and graze on my garden and plants. If I purchase an A Zone tag this year, can I legally shoot a deer on my land from my house or porch? My house is situated more than 200 yards from any other property or house and it is outside of the city limits. Thanks. (Brian T.)

Answer: Yes. The safety zone law prohibits shooting within 150 yards of any occupied dwelling without the permission of the occupant. As long as it is otherwise legal to discharge a firearm in this area (e.g. not in the city limits or not prohibited by county ordinance), then go for it!


Landing net size for ocean kayak fishing?
Question: What size opening on a landing net is needed for ocean fishing? I fish from a kayak between San Francisco Bay and the Mexico border, and all points in between. (Jeff K.)

Answer: A landing net is required when fishing from any vessel on the ocean. “No person shall take finfish from any boat or other floating device in ocean waters without having a landing net in possession or available for immediate use to assist in landing undersize fish of species having minimum size limits; the opening of any such landing net shall be not less than eighteen inches in diameter” (California Code of Regulations Title 14, 28.65(d)).

Fishermen are ultimately responsible for being able to determine whether the fish they take are of legal size. When in doubt, your best bet is to consult the California Ocean Sport Fishing Regulations booklet.


What license for crabbing via a “crab snare”?
Question: A friend and I would really like to try our hand at getting some crab this year using crab snares (loop traps). I am referring to the types that have a bait cage with a bunch of snares attached and are cast out using a rod and reel. The problem is that I’m not sure if we just need a normal fishing license or something else. Can you please clarify? (Kyle C.)

Answer: Just a normal fishing license is all that is required for crabbing.


Is ocean fishing with a crossbow legal?
Question: Is it legal to take fish in Southern California oceans using a crossbow? I know that using a bow and arrow is legal but I would like to know if crossbows are also legal. I also realize that the usual bag limits, size limits and closures apply. (Rod)

Answer: Spears, harpoons and bow and arrow fishing tackle (including crossbows) 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 trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may also be used to take finfish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, broadbill swordfish and white shark (CCR Title 14, section 28.95).

For hunting purposes, crossbows are not considered to be archery equipment (see CCR Title 14, section 354). But under the fishing regulations, crossbows qualify as bow and arrow fishing tackle. It does not matter what type of bow or crossbow is used under legal bow and arrow fishing, but a line must be attached to the bow and the arrow/bolt (CCR Title 14, section 1.23). If using a crossbow for shark fishing, be sure of the species and any associated size and/or bag limits before pulling that trigger.

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

Ultra-lights and Fixed Wing Aircraft Harassing Wildlife

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

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

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

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

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

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

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

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

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

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


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

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


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

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

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

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.