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Carrie Wilson's Blog


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.
Tuesday, May 14, 2013
Archery Practice Down a Dirt Road?
Question: My neighbor who lives a few houses down from me has a 15-year-old son who shoots his BB gun in his backyard. I used to shoot my bow in my backyard until my dad found out it’s illegal. I am 13 and live in the mountains of Southern California (close to San Bernardino) and am hoping it might be legal to practice my archery by shooting down a dirt road? Can you please let me know ASAP? Thanks. (Ashmanger)

Answer: Generally, Fish and Game Code laws only regulate the use of archery equipment or firearms while hunting. However, the same rules for firearms apply to archery equipment in this situation – you may not shoot over or across a road or within 150 yards of a neighbor’s home, barns or outbuildings, even if just archery target shooting (Fish and Game Code, section 3004). If you are on a private road on private property (off the public roadway), no Fish and Game Code law prohibits target practice with your bow and arrow. Beyond this, different counties and communities may have more restrictive ordinances that they enforce so you should check with your local law enforcement office for this information.

The most important factor to always keep in mind is public safety. Well-traveled roads and highways, or even those occasionally traveled, are not appropriate places to shoot. If you were to injure another person or livestock, or damage property, you could be subject to civil and possibly criminal prosecution. While shooting even just off a road may be legal, it may not be safe.

Hooks for salmon in San Francisco Bay

Question: When fishing for salmon from the bank in the San Francisco Bay with spinning lures, is a single barbless hook ok or does it have to be a barbless circle hook attached to the spinning lure? (Terry D.)

Answer: Barbless circle hooks are only required when fishing with bait and angling by any means other than trolling. Since you're not using bait, no circle hooks are required, even though you are not trolling. You must be doing both things - using bait, and fishing in a manner that is not trolling - to be required to use barbless circle hooks. In addition, you should be using no more than two single-point, single-shank barbless hooks with your spinning lure (California Code of Regulations Title 14, section 27.80.)

Fishing attractant or pollutant?

Question: I have heard that using WD-40 as a fish attractant works well. Is it legal to use? There seems to be much confusion as to what is actually in WD-40. I would also like to know if the sunscreen I put on before entering the water is hazardous to marine life. (Ray I.)

Answer: It is not legal to spray WD-40 on your fishing lures as an attractant. The same goes for any substance that may be harmful to fish (e.g. sunscreen).WD-40 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). When it comes to sunscreen, I would just try to use discretion as any foreign substance, even sunscreen, may carry chemicals that may be harmful to fish and other aquatic life if introduced in large enough quantities.

How to determine private vs public property?

Question: How do I find if a body of water is legal to fish out of? I am wondering about a local lake with a public road that leads up to it. There are no private property signs posted anywhere. However, from a boat you can see signs are posted in some of the yards. (Anonymous)

Answer: Even though private property perimeters are required to be either fenced, under cultivation, or posted with no trespassing signs at 1/3 of a mile intervals (Penal Code Section 602.8) so the public knows or can determine correctly if the property is private, it’s best to stay on the safe side. If you can’t find signs specifically prohibiting access, trespassing and fishing, you may want to contact your local sheriff’s office, which should be able to define which waters and properties are public, which are private and where the boundaries are.

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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.
Posted By Sally On 05/14/2013 At 9:45 AM  Comments (0)  TrackBacks (0)  
Tuesday, April 30, 2013
Remote-Controlled Electric Aircraft
Question: I am a conservation advocate and an avid wildlife photographer. Over the last several years, I have been photographing birds and landscape views of Southern California's wildlife areas. I am interested in expanding this documentation with video, and in particular aerial video taken from a remote-controlled electric helicopter. While I am very aware of the need to not disturb or harass local wildlife, I am wondering if there are regulations that restrict or prohibit the use of RC-aircraft in or around the perimeter of ecological reserves and conservation areas? (Bill K.)

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YOLO BYPASS WILDLIFE AREA. PHOTO BY ROBERT SAHARA

Answer: There is no general prohibition against using radio-controlled “vehicles” in wildlife areas (California Code of Regulations Title 14, section 550). However, in ecological reserves, prohibitions against: 1) disturbing any bird, mammal, etc.; 2) operating vehicles; and 3) operating any type of aircraft or hovercraft without permission may apply (CCR Title 14, sections 630(a)(1) & (a)(4) and (a)(17)). There is also a provision that prohibits the use of any motorized, hot-air, or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing 48 hours after any big game hunting season in the same area (CCR Title 14, section 251(a)). In addition, a permit could be required if there are concerns your aircraft will “ … herd or drive… or disrupt animal’s normal behavior patterns, which includes, but is not limited to breeding, feeding or sheltering …”

Under federal regulations, this may be illegal if you are using the video for any commercial purpose. Under current federal aviation rules, using unmanned aircraft — what commonly are referred to as drones — for commercial purposes is prohibited in the United States.

Please contact the Regional Manager for the area you intend to visit for information on the application of these laws. For a list of contact numbers available, please go to www.dfg.ca.gov/regions/.

Serving abalone at a fund-raiser

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

Answer: Sport-taken abalone may not be bought, sold, bartered or traded (Fish and Game Code, section 7121.) If sport-taken abalone are used for a non-profit fundraising dinner, then the cost of attending the dinner must be advertised as a requested donation to the organization putting on the dinner. In your situation, if you are just providing a few abalone for an appetizer, and as long as the dinner is not advertised to contain abalone in order to sell more tickets to the fund-raising dinner, then I think that would be ok. However, you should contact your local game warden where you will be having the dinner to confirm they are in agreement.

Running dogs with GPS for pigs and coons?

Question: Since bear and bobcat hunting with hounds is now banned in the state of California, can we still use GPS collars on hounds for hunting pigs, coons, etc.? (Dean C.)

Answer: You may use dogs to hunt raccoons and pigs, however, the use of GPS collars is prohibited (CCR Title 14, section 265(d)(2)).

Poke poling – need a license?

Question: Do I need a fishing license to poke pole for monkey-faced eels? (Anonymous)

Answer: Yes, the only exceptions are if you are 15 years old or younger or if you are fishing from a public pier or the most seaward jetty of a public harbor. Otherwise a fishing license is required and all regular fishing regulations 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 Carrie.Wilson@wildlife.ca.gov.
Posted By Sally On 04/30/2013 At 10:33 AM  Comments (0)  TrackBacks (0)  
Monday, April 22, 2013
Bowhunting for turkeys
Question: While bow hunting for turkeys last week, I saw a flock of hens and jakes on the side of a highway and I got to wondering if it’s legal to hunt off the side of a highway. I know we can’t shoot across a highway, but exactly how many yards or feet away does a bow hunter have to be? (Rafael O.)

Answer: It is unlawful to discharge a firearm or release an arrow or crossbow bolt over or across any public road or other established way open to the public in an unsafe and reckless manner (Fish and Game Code, section 3004(b)). Definitions for road and roadway can be found in the California Vehicle Code, sections 527 and 530. In addition, most counties have ordinances setting the distance from a public roadway that one must be to lawfully discharge a firearm. Many counties require 150 feet, but this distance varies and you will have to check with the appropriate county’s sheriff’s department to determine the legal distance. It is always unlawful to negligently discharge a firearm, and the discharge of a firearm from or upon a public road or highway is prohibited (California Penal Code, section 374c).

Hand reels

Question: I recently acquired a hand reel (Cuban yoyo.) Are there any restrictions on using one? What part of the Fish and Game Code applies to their usage? (Will E.)

Answer: Yes, these basic hand-held reels are legal to use. Just add some line, tie on your hook, add bait, drop in your line and you're fishing. It doesn’t get much easier or less expensive than this method. Standard methods apply, so if you are fishing in inland waters (three hooks with bait or three lures with three hooks each) or fishing in the ocean for rockfish (two hooks), you need to follow the hook restrictions as if you had a rod attached. If you do happen to hook a big fish, just be sure you’ll be able to land it!

Starry Flounder east of the Carquinez Bridge

Question: Can you please clarify the starry flounder regulations in saltwater vs. freshwater? I know that flounder are included in the rockfish-cabezon-greenling (RCG) regulations in saltwater, with limits and a definite season. However, when they move upstream (east) of the Carquinez Bridge into inland waters, do the same regulations still apply? Or, may they be taken year-round with no limit as they are not mentioned in the freshwater regulations? (Barbara U.)

Answer: According to California Department of Fish and Wildlife (CDFW) Capt. Bob Puccinelli, because the fresh water limits for starry flounder are the same as the ocean limits, the limits would adhere to any closures in ocean waters as well. In other words, when there is an ocean closure (zero limit), there would be a corresponding zero limit in freshwater as well.

Non-lead pellets for squirrels in condor country?

Question: I hunt ground squirrels with pellet guns as I understand they don't fall into the category of firearms. My question is, do I have to use non-lead pellets? (James T.)

Answer: While not specifically prohibited for pellet guns, the intent of the non-lead ammunition requirement laws is to prevent lead from being introduced into animals that California condors may eat. Ground squirrels could fall into this category but the law does not expressly prohibit lead pellets. Non-lead pellets are available.

Glasses when abalone diving

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

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

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Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at Carrie.Wilson@wildlife.ca.gov.
Posted By Sally On 04/22/2013 At 4:03 PM  Comments (0)  TrackBacks (0)  
Tuesday, April 16, 2013
Raising wild turkeys
Question: If I want to raise a couple of turkeys from eggs that I believe came from partly or mostly wild stock, would I run afoul of California law? They would not be used for any business purposes and would remain on my property. I would prefer to let them roam around my place, which is quite large and full of native habitat, as opposed to keeping them penned up. There are currently no wild turkeys in my area. (Tucker)

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WILD SPRING TURKEY. Photo by Carrie Wilson

Answer: You cannot take eggs from the wild to raise. Nesting birds are given protection from "harassment" while sitting on and incubating their eggs. In addition, wild turkeys cannot be domestically reared and released for propagation or hunting purposes. Only wild trapped turkeys trapped from the wild by the Department may be released into the wild (California Code of Regulations Title 14, section 671.6(b)).  

Fishing for different species with separate rods?

Question: I have a question about fishing for salmon and groundfish off the coast of San Francisco. I understand that only one rod can be used to fish each type. My question is over whether it's ok to fish for both types of fish at the same time? By this I mean one rod set up for salmon using the "mooching" style of fishing at around 10 feet of water with frozen bait. The other rod would be set up for groundfish using shrimp flies at the bottom of the ocean floor around 85 ft. Your help is much appreciated. (Jason)

Answer: Nice try! But no, you may use only one rod when targeting salmon or groundfish. You may not use one rod for salmon and one rod for groundfish at the same time. You are also restricted to using only barbless hooks if you have a salmon on your boat, even if you are targeting rockfish at the time (see CCR Title 14, section 27.80.)

Orange hunter vests

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

Answer: Though some states require hunters (especially when hunting upland game) to wear blaze orange all the time while in the field for safety reasons, in California we do not require it. It is a good idea to wear this distinctive color whenever possible for your safety as it does help you to stand out, but there is no law requiring it. You'll find that orange is being incorporated more and more into hunting camouflage patterns to provide greater safety. One thing to note for deer hunting, deer cannot detect the color orange. To deer, orange looks gray.

Where can bluegill be used for bait?

Question: Many times I have seen people on the docks in the Delta catching bluegill for striper bait. Is this permitted for black bass bait in Lake Don Pedro if the bluegill are caught there and not transported from another place? (John and Diane H.)

Answer: Bluegill may not be used as bait at Lake Don Pedro. California sportfishing regulations for freshwater generally prohibit using live or dead finfish for bait. Although certain species of finfish may be used in the waters where taken, bluegill may only be used in the Colorado River District (see CCR, Title 14, section 4.15(a)) and portions of the Valley and South Central Districts (see CCR, Title 14, section 4.20(d)). While Lake Don Pedro is inside the Valley District (see CCR, Title 14, section 6.36), it is not included as a location where bluegill may be used as bait.

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Carrie Wilson is a marine biologist 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. Please contact her at Carrie.Wilson@wildlife.ca.gov.
Posted By Sally On 04/16/2013 At 9:19 AM  Comments (0)  TrackBacks (0)  
Tuesday, April 02, 2013
Turkey Hunting with Extra Ammo
Question: I wonder if you can settle a bet for me and my friends. They told me when hunting for turkeys, it is illegal to also carry shotgun slug ammunition. I disagree because what if someone wants to carry slugs in case they get the chance that a pig might run by. Please set us straight. (Rob, Paso Robles).

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COLUMNIST CARRIE WILSON with a spring turkey.
 
Answer: Sorry, your friends are correct! Only shotgun shells with loose #2 size shot or smaller may be in your possession while hunting for turkeys (California Code of Regulations Title 14, section 311(b)). So, if you are hunting turkeys, you cannot carry a slug because it’s not shot loose in the shell. If you are hunting wild pigs with a shotgun using slugs in the California condor range, the slugs must not contain more than 1 percent lead by weight.  
 
Carp by spear gun?
 
Question: When I was a kid, we used to hunt carp with a spear gun. We’d jump into the creek and get carp up to 21 pounds. It was a lot of fun for a bunch of skinny kids with the fish pulling us all over the pool! Can you please clarify the regulations and let me know if, where, when or even if it is still doable? (Damian L., Modesto)
 
Answer: It is only legal to spearfish carp in the Colorado River District, parts of the Valley District, parts of the Kern River and in those areas listed in CCR Title 14, section 2.30. It is only legal to spearfish carp in the areas listed in this section.
 
Carrying a sidearm
 
Question: I am new to hunting and have a question. I understand that in order to hunt with a handgun, the barrel length needs to be four inches or longer. However, I have a Ruger Super Redhawk Alaskan 454 Casull 2.5 inch barrel. I do not plan to hunt with it, of course, but would like to know if I can carry it as a back up. I do not want to purchase another gun if I already have one. Please help me with my question. (Daniel K., Los Banos)
 
Answer: Regulations do not restrict you from carrying a sidearm while hunting except when hunting during an "Archery Only Season" for that species or while hunting under the authority of an "Archery Only Tag" during the "General Season" for that species.
 
And, the four inch barrel length for handguns only applies when hunting for elk and bighorn sheep. Pistols and revolvers with any barrel length using centerfire cartridges with softnose or expanding projectiles may be used to take deer, bear and wild pigs. In the California Condor Zone, all ammunition in your possession must be certified non-lead.
 
See sections 311, 353, 354, 465, & 475 in the 2012-2013 Mammal Hunting Regulations for specific methods authorized for taking birds and mammals. These regulations are available online at www.dfg.ca.gov/regulations/.

?Transporting baitfishes
 
Question: I have a question regarding transporting finfish. Is it legal to catch anchovies and shiners by throw net and then transport them to the fishing location? I would like to do this in San Francisco Bay but would not take Bay fish to other waters (or take ocean baitfish into Bay waters.) If it's all within the Bay, does that still indicate "transporting?” If so, is there a distance limit? For example, can I net baitfish near a marina with parked boats and take them 50 to 100 yards to a legal fishing site? California Department of Fish and Wildlife (CDFW) regs refer only to restrictions on freshwater species but do not refer to saltwater and San Francisco Bay fish. We all just want to play by the rules, so can someone please clarify for us? Thank you. (Gino P., Cotati)
 
Answer: It is legal to use a Hawaiian-type throw net in the ocean north of Pt. Conception (including San Francisco Bay) to take some species, including anchovies and shiner surfperch. For a complete list of species that may be taken with this gear, please see section 28.80 in the Ocean Sport Fishing regulations.  There is no minimum distance provided in the regulations, and bait fish taken inside San Francisco Bay may be used inside the Bay.
 
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Carrie Wilson is a marine biologist 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. Please contact her at Carrie.Wilson@wildlife.ca.gov.
Posted By Sally On 04/02/2013 At 10:06 AM  Comments (0)  TrackBacks (0)  

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