Tag Archives: Method of take

Hoop Netting for Crabs off California Piers

Dungeness crab (DFG photo)

Dungeness crab (DFG photo)

Question: Is it legal to use hoop nets to catch crab off piers in California this time of the year? I thought that I read crab season runs through June. However, the hoop net is a net that people use for catching California spiny lobster too, so do I need the California Spiny Lobster Report Card even though I’m not fishing for lobster? I ask this because someone might think that I intend to fish for lobster if I am operating a hoop net.

Also, I have a fishing license I recently purchased for this year, but in general, does one need a license to operate a crab trap during crab season on a pier in California? (Trevor W.)

Answer: Dungeness are the only crabs with a closed season, and they are found mostly along the northern half of California’s coast. Dungeness crab season varies depending on location, so you should check the regulations once you know where you will be crabbing (see section 29.85 on page 51 of the 2016-2017 Ocean Sportfishing Regulations booklet).

The other crabs belonging to the Cancer genus (yellow crab, rock crab, red crab and slender crab) are found statewide and may be taken year round. You need a sport fishing license to take crab generally, but whenever you are fishing from a public fishing pier, a sport fishing license is not needed. You are limited to two fishing appliances on a public fishing pier, though (two nets, rods, lines, etc.).

As long as you immediately release any lobster that may wander into your net, you do not need a Spiny Lobster Report Card. This means you cannot keep them for any length of time. If you pull one up, it must go right back into the water.

Before taking crab, the California Department of Fish and Wildlife (CDFW) encourages you to check for any health advisories related to domoic acid by calling the California Department of Public Health at 1-800-553-4133.


Using artificial scents as fish attractants?
Question: Are you allowed to use artificial scents applied to lures such as fish oil-based products to attract fish in freshwater lakes of California? What’s the difference between bait and using scents that do not contain food to attract fish? (Dean H.)

Answer: Artificial scents may be applied to lures or baits except in areas with specific artificial lure restrictions. An artificial lure “does not include scented or flavored artificial baits” (California Code of Regulations Title 14, section 1.11). This means attractants may not be applied to the lure while fishing in waters restricted for artificial lure use only. It is very common to use fish oil products and or scents in many areas of the state.


Does a loaded Bandolier make an unloaded gun loaded?
Question: If a gun is unloaded but has a Bandolier attached to the stock containing loaded bullets/shells, is it actually considered to be a loaded gun? (Anonymous)

Answer: No. Loaded gun laws that apply to vehicles on roads open to the public have changed over the years, and there are differences between the Fish and Game Code and the Penal Code. Long guns are considered to be loaded pursuant to Fish and Game Code, section 2006 “when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.” 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. A firearm with rounds in a holder attached to the stock would not be considered loaded under these standards.


Hunting small game with a .22 air rifle?
Question: What are the laws on hunting small game (doves, quail, etc.)? Do I need a hunting license to hunt small game? I live in the Bakersfield area and am wondering if I can hunt doves and quail with a .22 air rifle? (Arnold C.)

Answer: You will need a hunting license to hunt big and small game mammals as well as game birds. If you don’t yet have your license, you will need to take and successfully pass a Hunter Education course. You can find information about the courses, dates and locations of upcoming classes, and you may sign up for a class on our Hunter Education website.

Methods of take for resident small game include “air rifles powered by compressed air or gas and used with any caliber of pellet, except that wild turkey may only be taken with a pellet that is at least 0.177 caliber” (CCR Title 14, section 311(f)). Different methods of take are specified for migratory birds, such as doves. Air rifles or all other rifles are prohibited for the take of migratory birds (CCR Title 14, section 507).

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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.

Scuba Diving through MPAs with Lobsters in Possession

California spiny lobster (CDFW photo by Derek Stein)

California spiny lobster (CDFW photo by Derek Stein)

Question: If a scuba diver legally enters an area for lobster, proceeds to catch lobster in that area but then is unable to exit the water safely, could they surface swim through a Marine Protected Area (MPA) zone with their catch and exit legally? (Tom)

Answer: Yes, the diver can swim through but should make sure they are clearly not actively hunting for lobsters. For example, if when kicking in on the surface and are right in close to the rocks, they then stop and shine their lights into holes or reach into holes, they may appear to be hunting for lobsters. If they have lobsters in their possession and a warden determines they are attempting to hunt, pursue, catch, capture or kill any lobster, they may be issued a citation for fishing in an MPA.

“Spear fishermen with or without catch shall be allowed to transit through MPAs and MMAs. While transiting MPAs and MMAs that prohibit spearfishing or while in possession of species not identified as allowed for take in the MPA or MMA being transited, spearfishing gear shall be in an unloaded condition, not carried in hand, and the diver shall remain at the surface” (California Code of Regulations Title 14, section 632(a)(8)).


Hunting with an Atlatl (spear thrower)?
Question: Is it legal to use an Atlatl, or spear thrower, to hunt game animals in California? If it is legal, what are the regulations for their use? (Charlie)

Answer: No, a spear thrower is not legal to use. Only methods defined in the 2016-2017 California Mammal Hunting Regulations booklet for the take of small game (CCR Title 14, section 311, on page 26) and for big game (CCR Title 14, section 353, beginning on page 27) may be used.


Personal limits vs boat limits?
Question: When on a boat with a group of fishermen, does the bag limit apply to the boat (as I believe I’ve read in the statutes and have seen on party boats) or does it mean that anyone catching their limit must stop fishing altogether?

I ask because we were ordered off the water when some wardens told us one of our friends could no longer be out there with us since his gear was still in the boat and he was considered to still be fishing. He was the only one with a limit.

Also, since fresh and saltwater regulations are slightly different, where in your regs are the lines of demarcation for San Francisco Bay? (Jerry Z.)

Answer: Boat limits apply to anyone fishing aboard a boat in ocean waters off California or in the San Francisco Bay (CCR Title 14, section 27.60(c)). Boat limits allow fishing by all licensed persons aboard until boat limits of finfish are taken and possessed aboard the vessel. Boat limits do not apply to sturgeon, shellfish or when fishing in inland waters.

“The San Francisco Bay is the waters of San Francisco and San Pablo bays, plus all their tidal bays, sloughs, estuaries and tidal portions of their rivers and streams between the Golden Gate Bridge and the west Carquinez Bridge. For purposes of this section, waters downstream of the Trancas Bridge on the Napa River, downstream of Highway 121 Bridge on Sonoma Creek and downstream of the Payran Street Bridge on the Petaluma River are tidal portions of the Napa River, Sonoma Creek and Petaluma River, respectively” (CCR Title 14, section 27.00).

“Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco Bay and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville” (CCR Title 14, section 1.53).

When fishing in inland waters, bag limits apply to each individual angler and not to the boat as a whole.


Bear skin rug and Alaskan whale bone carving for sale
Question: I have a bear skin rug, along with the head, that was the property of my mother-in-law. We also have a whale bone carving from an Alaskan artist. These are not things we wish to hold on to. Is there any way to sell these items in another state (outside of California) even though we live in California? What are the other options? (Kathy S.)

Answer: Regarding your bear skin rug, it is “unlawful to sell or purchase, or possess for sale, the meat, skin, hide, teeth, claws or other parts of any bear in this state (Fish and Game Code, section 4758). And as far as the whale bone carving, “it is unlawful to sell or purchase a bird or mammal found in the wild in California” (FGC, section 3039). So, if your carving comes from a whale that occurs in California waters, it may not be sold in the state. While neither of these laws apply to transactions taking place entirely outside of California, you are encouraged to consult the U.S. Fish and Wildlife Service to determine if any federal laws may apply.

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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.

Slingshot Hunting for Grouse and Quail?

Greater Sage Grouse (ODFW photo)

Greater Sage Grouse (ODFW photo)

Question: Is it legal to use a slingshot to hunt grouse and quail during the archery season? I have never seen slingshot listed as legal “archery” equipment nor have I seen anything indicating it is illegal. (David W.)

Answer: No. Slingshots do not fall under the definition of archery equipment as defined in the California Code of Regulations Title 14, section 354 and so would not be legal to use during the archery season.


Shipping trout and venison out of state?
Question: What are the laws on mailing fish to family or friends? A friend of mine took me to Lake Shasta a few years ago, and to return the favor I always bring him some fish on the way home. He is going to be moving to Kansas and I want to send him some of the prized fish. Is it legal to ship them through the mail? I know I can get live lobsters from Maine, but they are a commercial product. My friend also wants to try to send me some venison but we’re not sure of the laws there either. Thank you for your help. (Steve)

Answer: Unfortunately, it is not legal to ship trout outside of California (Fish and Game Code, section 2356.) You also cannot personally transport them to another state, unless you have a nonresident angling license or are on active military duty (in which case you may personally transport no more than one limit of trout across state lines).

Regarding venison mailed across state lines, as long as the animal was taken legally in the state of origin, it can be shipped to a recipient in California for their personal use provided the shipper complies with the following procedures:

Both California (FGC, section 2348) and United States (Lacey Act) laws require that packages containing wildlife and being shipped by common carrier “…shall clearly and conspicuously indicate the following:

(1) The name and address of the shipper.
(2) The name and address of the consignee.
(3) The number and kind of bird, mammal, fish, reptile, and amphibian contained in the package.”

In addition, a Declaration for Entry Form must be filed when importing fish, game, etc. (FGC, section 2353.)

Though it’s not a requirement, it would be a good idea for your friend to include with his venison shipment a copy of his valid hunting license and tags for the deer, along with all information regarding where and when the animal was taken.


Spear fishing options when close to stream outlets?
Question: I know there is a law prohibiting spear fishing in the ocean within 100 yards of a stream outlet. But would it be ok to enter the water from the beach and swim out past 100 yards with our equipment before we start fishing or would we have to find a beach with no outlet at all? (MJH)

Answer: The requirement for divers and spear fishermen to stay away from stream mouths was designed to protect salmon and steelhead that may be entering or exiting a stream. “No person may possess or use a spear within 100 yards of the mouth of any stream in any ocean waters north of Ventura County,” (FGC, section 28.90).

Because the regulation says “no person may possess … within 100 yards,” it would be unlawful to even stand on the beach with a spear in hand if you are within 100 yards of the mouth of a stream. This means that you will need to find an entry point more than 100 yards away from the mouth of the stream to enter the water to go spear fishing.


How many rods on piers and from shore with two-rod stamp?
Question: I’ve gotten conflicting information about the number of rods that can be used on public piers and from shore. I thought only one rod could be used from a public pier and two rods with a license and stamp from shore. However, some friends say two rods from public piers and any number of rods from shore. What’s the correct answer? I’m new to fishing in the ocean in California and I don’t want to get a ticket for something I may have misunderstood. If you could clarify this for me I would deeply appreciate it. Thank you for your time. (Jeanine Q.)

Answer: This is a common point of confusion. To clarify, the two-rod stamp (or second rod validation) applies only to freshwater fishing gear. In saltwater, only two rods (or any two fishing “appliances”, for example one rod and one crab trap, or one rod and one hoop net, etc.) may be used from public piers, and any number of rods may be used when fishing from shore. However, when fishing for groundfish or salmon in the ocean, only one rod with two hooks may be used.

Keep in mind that the law also says that “… lines must be closely attended” (CCR Title 14, section 1.05), so you can use as many lines as they can closely attend. Thus, if you have ten lines spread out over a couple hundred yards, you’d have a tough time convincing a game warden that they are all being closely attended. Make sure all lines can be quickly attended to if you catch a fish.

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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.

Fishing or Foul Hooking?

The Northern or Florida strain of largemouth bass (LMB) are the best species for stocking in small private ponds. (DFG staff photo of Amanda Menefee by Ken Oda)

Angling is defined to only include the fish voluntarily taking the bait or lure in its mouth. Snagging the fish outside of its mouth is illegal and considered foul hooking (CDFW staff photo of Amanda Menefee by Ken Oda)

Question: When sport fishing for black bass, California Department of Fish and Wildlife (CDFW) regulations say the fish must willingly take the bait in its mouth. However, it doesn’t say if the hook has to be inside the mouth or not. For example, when fishing a multi-hook bait, can the hook go from the outside to the inside of the mouth? As bass often hit these baits while attempting to eat it, the rule seems a little vague. (Randy R.)

Answer: No, this would be considered foul hooking and not legal since the fish is essentially snagged rather than voluntarily trying to eat the lure. Angling is defined in the regulations to only include “such manner that the fish voluntarily takes the bait or lure in its mouth.” The outside of its mouth is not in its mouth (California Code of Regulations Title 14, section 1.05).


Hunting pigs and turkey simultaneously?
Question: There is a bit of a debate going on the Nor-Cal Wild Pig Hunters Facebook group regarding the legality of hunting pigs and turkey simultaneously during turkey season. Is it legal to carry No. 6 shot shells (for turkey) and rifled slugs (for pigs) at the same time while out hunting turkey in an area that holds pigs? Many say it is common practice, others say it is illegal to carry slugs (or any shell holding larger than No. 2 shot) while pursuing turkey. Who’s right? (Mark, San Bruno)

Answer: It would be legal to hunt pigs and turkeys simultaneously because a slug is not shot. A hunter who possesses shot size larger than No. 2 could be cited while turkey hunting, but the regulation limiting shot size that may be possessed when taking turkey does not address slugs.

Methods authorized for taking big game (wild pig) include shotgun slugs, rifle bullets, pistol and revolver bullets, bow and arrow and crossbow (2014-2015 Mammal Hunting Regulation booklet, page 24, section 353).

Methods of take for resident small game (wild turkey) are shotguns 10 gauge or smaller. Shotgun shells may not be used or possessed that contain shot size larger than No. BB, except that shot size larger than No. 2 may not be used or possessed when taking wild turkey (CCR Title 14, section 311(b)).


How can I prove my innocence regarding a fishing citation?
Question: If I am cited by a wildlife officer for a short fish or an overlimit of crustaceans but believe I am innocent, how can I prove it? Do I have to go to court at my own expense to prove my innocence? (Dustan B.)

Answer: If you believe that you are innocent of the violation(s) you were charged with, then yes, you need to appear in court on the date listed on the citation. You will then have the opportunity to enter a plea of guilty, no contest or not guilty. If you enter a plea of not guilty, you will have your opportunity to explain your side of the story to the judge.


Fishing with mosquito fish/guppies for bait?
Question: I live in the Central Valley, Fresno to be exact. In inland waters where mosquito fish are resident, is a person legally able to use “mosquito fishes” as bait (similar to using minnows as bait)? I would already presume transferring them from one body of water to another is prohibited, but what if the body of water is already inhabited by mosquito fish? (John T., Fresno)

Answer: Mosquito fish are not native to California waters but were introduced into California around 1922 to consume and suppress mosquitos and their larvae. Allowable live baits that may be used in the Central District, which includes the Fresno area, can be found in section 4.20 of the 2014-2015 California Freshwater Sport Fishing Regulations booklet (page 17). Legally acquired mosquitofish can be legally used in any body of water for bait except those listed under 4.20(f).

Use and transportation of bait fish is strictly regulated in the Freshwater Fishing Regulations booklet (CCR Title 14, section 4.00) to prevent the inadvertent transfer of a baitfish species from one body of water to another. It’s a good idea to double-check this section of the regulations booklet whenever you are transporting baitfish to your favorite fishing spot.

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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.

 

Although They Sell Deer Chow, Don’t Be Deceived

Even if you find deer chow for sale in your local feed store, it is not legal to use to feed deer or any big game in California. (Photo of a white-tailed deer courtesy of USFWS)

Even if you find deer chow for sale in your local feed store, it is not legal to use to feed deer or any big game in California. (Photo of a white-tailed deer courtesy of USFWS)

Question: I was at my local feed store today and was astounded to find bags of Purina Deer Chow for sale, and another feed for wild pigs. I know it is illegal in California to feed big game animals, including deer, bear, elk, wild pigs and pronghorn. So why is it okay to sell deer food? I asked the proprietor and they said that it was not illegal to sell the food and that their customers wanted the product. Isn’t this a little bit like saying it is okay to sell drugs, even if it is illegal to use them? What is the rationale for allowing the sale of a product when its use is banned? (Roy “Confused in Caspar” Falk)

Answer: Although feeding deer or any big game species is prohibited in California, deer are allowed to be fed in other states. Hunters are even allowed to bait them in some states, probably even with this feed. The deer picture that they show on the package is of a white-tail deer which we don’t have here in California. Feeding deer unnaturally concentrates the animals in a very confined location and increases the potential spread of disease. It also makes them more vulnerable to predation by mountain lions and coyotes who quickly figure out where to find concentrated numbers of deer. CDFW has investigated many cases of deer feeding that inadvertently attracted mountain lions which killed the deer the people were trying to feed.

You’re right to feel confused and I’ve asked the same question. It doesn’t seem right since it sends the wrong message to the customers, but the Fish and Game Code generally doesn’t regulate the products that feed stores and pet stores may carry. Many also sell ferret food, and those animals are illegal to possess in California.


Why do fishing and hunting license fees increase every year?
Question: Why do fishing and hunting license fees and various cards and tags increase in price every year? This concerns my friends and me as we are of the older population of California and are on fixed incomes. Hunting and fishing are some of the only pleasures we have to enjoy in our old age, but it is becoming so costly we won’t be able to afford it if you keep raising prices. (Bill D.)

Answer: California law establishes fishing and hunting license fees each year, not the Department of Fish and Wildlife (CDFW). The base fee for sport fishing licenses is established in Fish and Game Code, section 7149 and the fees for stamps and most report cards are established in other sections of the Fish and Game Code or California Code of Regulations, Title 14.

According to CDFW License Program Analyst Glenn Underwood, the Fish and Game Code, section 713 requires license fees to be adjusted in response to increases (or decreases) in costs of goods and services using an index called the “Implicit Price Deflator.” This index is a gauge of the change in the cost of goods and services from year to year.

For example, as hatchery, law enforcement and wildlife management costs have increased, license fees needed to increase to keep pace with these rising costs. Essentially, license fees are adjusted to compensate for inflation. If license fees were not adjusted for inflation, then funding for fish and wildlife management and protection would actually decrease because the “buying power” of a dollar has declined over the years.

License fee increases over the past five years have ranged from a low of 1.2 percent in 2013 to a high of 2.8 percent in 2011. The average index over the past five years has been 1.91 percent. For 2014, the cost of goods and services increased by 1.3 percent and 2015 license fees increased accordingly. If the cost of goods and services were to decrease, then license fees would actually decrease the same percentage. However, when is the last time the cost of living actually decreased?

Although fishing and hunting license fees have increased throughout the years, the increase ensures that the CDFW has adequate funding to manage California’s diverse fish and wildlife resources and provide the public with enjoyable fishing and hunting experiences.


Hunting by javelin?
Question: I just tried javelin throwing for the first time and it sparked an idea that I could hunt with this for big game mammals. But I can’t find it specified anywhere in the mammal hunting regulations booklet. Does this mean that since it isn’t mentioned it’s illegal to use to take down an animal? (Brent L.)

Answer: Yes, you are correct. Hunting by spear or javelin is not a legal method of take for big game.

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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.