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DFG Q & A
WONews Column by Carrie Wilson

Carrie Wilson is a marine biologist with the California Department of Fish and Game. She cannot personally answer everyone’s questions but will select a few to answer in this column each week. Contact her at cwilson@dfg.ca.gov.
Human-powered boats?
Question: I have a question regarding a human-powered boat for duck hunting. I understand from the regulations that sails and motors can’t be used, but paddles and oars can. My boat has a prop for propulsion, but it isn’t gas or battery powered. Instead, it has bike pedals so I power it with my legs. It’s called a drive so would that be considered a motor? I am wondering if the “spirit of the law” originally allowed for the use of human power, but because pedals weren’t thought about when the law was written, they aren’t specifically mentioned under the “letter of the law.” How would this be enforced? Would I be OK to use it? (Doug T.)

regulationsgenerally

REGULATIONS GENERALLY prohibit the take of “any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile.” PHOTO COURTESY OF DAVID A. JONES, DUCKS UNLIMITED


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


Regulations generally prohibit the take of “any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile” (California Code of Regulations Title 14, section 251). However, take is allowed if “the motor of such motorboat, airboat or sailboat has been shut off and/or the sails furled and its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor or is being propelled by paddle, oar or pole.”


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


Lobster double limits


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


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


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


Are artificial fish scent attractants considered bait?



Question: Are products like artificially scented fish eggs considered “bait” when it comes to areas where the regulations call for artificials only? My guess is they would be considered bait, but what about just plastic salmon egg imitations with no scent? Does scent play into the regulations at all? (Mike S.)


Answer: An artificial lure is “a man-made lure or fly designed to attract fish. This definition does not include any scented or flavored artificial baits.” (CCR Title 14, section 1.11). This means attractants may not be applied to the lure while fishing in waters restricted for artificial lure use.


In addition, some people spray WD-40 on their lures. This substance contains petroleum and is specifically prohibited by law to be deposited or introduced into the waters of the state (Fish and Game Code, section 5650).


Pistol on a wildlife area


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


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


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


Baiting or habitat enhancement?
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.)

muledeer_udw

MULE DEER.
ODFW PHOTO

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 around a 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 Carrie.Wilson@wildlife.ca.gov.


How to determine if a black bear has a cub nearby?
Question: When hunting bears, how can you be certain that the adult you are stalking does not have a cub nearby? And what should be done if after the harvesting of a bear, you determine or find out that it had a cub hidden from sight (like up a tree)? (Dwight H.)

blackbearcub
DURING HUNTING SEASON, black bear sows may have dependent cubs nearby. If you have any doubts, don’t take the shot. PHOTO COURTESY OF PAT MATTHEWS, ODFW


Answer: As you track the bear and do not encounter smaller bear-like tracks in close proximity, it may indicate you are not stalking a family unit but instead an individual adult or sub-adult. If possible, from a distance try to observe the bear with binoculars to further verify it is not accompanied by cubs.


According to California Department of Fish and Wildlife Bear Program Coordinator Jesse Garcia, black bear young are born around the first of February while the sow is hibernating. The newborn cubs weigh less than a pound at birth and continue developing while suckling. They emerge with the sow from their dens in April or May at around five to seven pounds.


Cubs are dependent on their mother's milk for 30 weeks (birth through early September), transitioning to solid food after their teeth have erupted, and will reach independence at 16–18 months. Cubs approaching their first birthday will be denning with their mother and learn aspects about hibernating.


Cubs of the year will be dependent upon and remain with their mother throughout the entire bear season while they are less than a year old. Sows with yearlings (one year plus) will have separated by the time the first bear season opens in early August. The percentage of sows with cubs of the year during bear season can change from one year to the next based on various factors.


Keep in mind that all bear harvesting requires immediate reporting. Therefore, the inadvertent take of a sow with a hidden cub would also need to be reported for follow-up enforcement action. If there is any doubt at all, do not take the bear.


Dungeness crab buoy identification with GO ID


Question: I enjoy sport fishing for crabs and am wondering if I have two buoys on each crab trap, am I required to mark both buoys with my GO ID number? Do you have a recommended method of marking the buoy with the GO ID number? I am assuming this number changes with each year’s new license? If yes, then writing the number on the buoy will look bad after a couple years.


My buddy and I share six traps. Sometimes he takes them on his boat, sometimes I take them on mine, but we don’t always fish together. Do you have any suggestions for whose GO ID number should be on the buoys? Are we required to change the GO ID number depending on who is using the traps, assuming we are not fishing together? (Steve W.)


Answer: Crab traps are required to be marked with a buoy, and “each buoy shall be legibly marked to identify the operator’s GO ID number” (California Code of Regulations Title 14, section 29.80). At least one crab trap buoy must be marked with the operator’s GO ID number. Your GO ID is tied to you and is your individual identifying number for all fishing/hunting license and tag transactions you may make over your lifetime. It remains the same over the years and will not change. The number must be marked in a permanent manner on your buoys. It may be applied via burning, painting, permanent marker, etc. Just make sure the number is legible and will not wear off or become unreadable.


If two fishermen are sharing traps, the buoys should be marked with both GO ID numbers. That way, whichever person is working the traps on a given day has his number on the buoys. Keep in mind that if any of these traps are found to be in violation (such as in an MPA), both fishermen could potentially be cited.


Fishing in isolated ponds


Question: As our creeks dry up, ponds are formed, some of which appear at the road culverts. Is it legal to fish these ponds with a pole, by hand or a dip net? (Jeanne G., Portola)


Answer: In intermittent streams like you describe, what appear to be ponds are actually isolated pools. Although not apparent during the dry season, water may still be flowing out of sight, under the streambed surface. This is often called “intragravel flow.” Because a creek is still a stream and not actually a pond or lake, the stream regulations still apply. Fish can only be taken from these waters under the regulations currently applicable for that stream, including seasons, limits, methods of take, etc. Current California Freshwater Sport Fishing Regulations can be found online or you can pick up a copy of the booklet wherever fishing licenses are sold.


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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 Carrie.Wilson@wildlife.ca.gov.


A turkey’s age indicators
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)

montereyrioturkeys

PHOTO BY CARRIE WILSON


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.


Fishing with live shad? 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 Wilsonis 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 Carrie.Wilson@wildlife.ca.gov. This column appeared in 2012. Wilson is on vacation for two weeks.


Ultra-lights and fixed wing aircraft harassing wildlife
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.)


ultralightcreativeULTRA-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


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)).


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 Carrie.Wilson@wildlife.ca.gov.


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