Tag Archives: Method of take

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.

 

Protecting Wildlife via Highway Fences

Game fences are installed primarily installed just along traditional migratory routes (USFWS photo of Tule elk bulls)

Game fences are primarily installed along traditional deer and elk migratory routes (Tule elk photo courtesy of USFWS)

Question: I have been hunting deer and elk out of state for years. Every western state I have hunted has installed game fencing adjacent to highways where big game frequents and/or migrates. Why in the heck doesn’t California do this? I live in Grass Valley and Interstate Highway 49 is always being widened, but never does the work include game fencing or game “underpasses.” I have never seen or read any information coming from the California Department of Fish and Wildlife (CDFW) recommending game fencing along California highways. (Sven O.)

Answer: We do install game fencing but don’t do it everywhere. Because game fences are expensive, they are primarily installed just along the major migration routes. If designed incorrectly, they can do much more damage than good. Keep in mind that California has more than 2.3 million miles of paved road and it would be impossible to fence all of that no matter how much funding we had available.

According to CDFW Game Program Manager Craig Stowers, CDFW has instead focused primarily on routes that migratory deer move through as they are highly traditional and tend to move through the same areas year after year. Then once we identify where those areas are (mostly by finding road kills, but we can also identify through tracks in the snow and/or telemetry data), we work with CalTrans to mitigate those losses. CDFW has found lots of traditional migratory route areas in the state.

Some good examples of this kind of game fencing work include the miles of fencing and under crossings on I-395 from Bordertown up to the Inspection Station just south of the intersection of 395/89, fencing and undercrossings on I-395 in the Bass Hill Wildlife Area just south of Susanville, the work done in the Loyalton-Truckee deer herd area and the work we completed last year in the I-280 area (in conjunction with Caltrans and UC Davis). Our job on that one was simply to catch the deer, which we did. Caltrans engineers and wildlife experts from UC Davis analyzed the movement data of those deer in an effort to modify roadside fencing and existing undercrossings to cut down the number of deer hit on I-280. Regardless of location, it is a very expensive and time-consuming effort, not only to determine where to install the fencing and/or undercrossings, but also to build them.


Underwater camera to find trout?
Question: Is it legal to use an underwater camera to look for trout that may be hiding underneath the creek/river bank? Does it matter if it’s used while engaged in the actual activity of trout fishing or when not in possession of a fishing pole? (Jim B., Elk Grove)

Answer: An electronic viewing device, such as an underwater camera, would be legal but a non-electronic viewing device (such as goggles, scuba mask, etc.), would be prohibited for taking fish (California Code of Regulations Title 14, section 2.09). There’s an exception, though, under the provisions of spearfishing (CCR Title 14, section 2.30).


Keeping a skunk for a pet?
Question: I live in Alameda and want to know if it is legal for me to keep a pet skunk? We will, of course, have the stink glands removed for obvious reasons. (Beatrice V.)

Answer: No. Wildlife must remain wild and cannot be owned. Generally, animals found in the wild in California can never be kept as pets. Only people who qualify for a restricted species permit may possess wild animals, like skunks. Keeping wildlife is prohibited by Fish and Game laws (CCR title 14, section 671) and California health laws due to a high incidence of rabies in skunks in California. All wildlife, even skunks, belong to the citizens of California and cannot be held, domesticated…or have their scent glands surgically removed!


Trolling for salmon?
Question: This last weekend while fishing/trolling with my husband for salmon, we had three fish on board and needed one more for the two of us to have limits. My question is – do we need to fish/troll with just one rod as one of us has a limit, or may we fish with two rods until we catch one more fish? (Donna S.)

Answer: You can use two rods until you catch your final fish because boat limits apply in ocean waters. Boat limits are defined as: “When two or more persons that are licensed or otherwise authorized to sport fish in ocean waters … are angling for finfish aboard a vessel…, fishing by all authorized persons aboard may continue until boat limits of finfish are taken and possessed aboard the vessel”.(CCR Title 14, section 27.60(c)).

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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.