Contact: Carrie Wilson, Communications Office, CalOutdoors@dfg.ca.gov

California Outdoors Q & A: Dec. 24, 2009 - January 21, 2010

Note: Marine Management News staff apologizes for the delay in sending out regular communications to our constituents. The following California Outdoors columns have been consolidated from the time period above, with ocean-related Q & As placed near the top of the column for your convenience.

*** View this column with photos and all archived columns online at www.dfg.ca.gov/QandA/ ***

Question: We often take three-day fishing trips on a private boat and always get the multi-day fishing trip permits to cover us. The multi-day permits require the trip to be continuous and to extend for a period of 12 hours or more on the first and last days of the trip, and berthing or docking within five miles of the mainland shore is prohibited. Since we do a lot of fishing within five miles of the shore, can we anchor and fish or sleep within five miles of the mainland as long as we don't berth our boat or touch land or a dock? What do we do if we get our limit and a storm comes in before noon on the last day? Do we throw our dead catch over so we can get to shore safely and still be legal or do we keep them even if technically we'll then be over the limit? Thank you. (Don F.)

Answer: Anglers can fish within five miles of the mainland, but berthing (anchoring) or docking is prohibited and anglers must disembark at the place of return as stated on the declaration form (California Code of Regulations Title14, section 27.15[b]). These permits were originally designed more to cover people who are fishing many miles offshore for multiple days (like for tuna and the more long range species) who cannot easily get back to the dock each night.

According to Game Warden Jason Chance, every mariner and boat operator is responsible for planning out their trips in advance - especially trips that will encompass multiple days at sea. If you plan your trip according to weather forecasts, it's relatively unlikely that you'll be caught off-guard by a sudden storm. By continuously monitoring your marine radio for ongoing NOAA weather forecasts and hazardous conditions updates, and then Channel 16 for any emergency U.S. Coast Guard announcements, you should not be surprised by changing weather conditions.

Of course, if poor weather conditions appear to be imminent, use your best judgment as to whether to continue or to immediately end your trip. Remember that safety should always come first, and attempting to avoid a ticket is not worth risking lives nor creating what becomes an emergency rescue situation. But be aware that wasting fish (in this case dumping dead fish overboard) is a violation of the law (CCR Title 14, section 1.87), so do not consider this an option.

Question: If I catch fish in a hoop net while lobster fishing, are they legal to keep provided they meet any size requirements? I have been throwing them back because I'm not sure it is legal to catch them that way. Someone told me they must be caught on fishing line only. What about sea snails and octopus that are caught in my hoops? Can other line-caught sportfish, such as tuna, be used as bait in lobster hoops? Please advise. Thanks. (Steve G.)

Answer: You were correct to return fish caught in your hoop nets because hoop nets are not a legal method of take. Finfish may only be caught by hook-and-line except in very specific circumstances listed under "Finfish - Gear Restrictions" (pgs. 51-52) in the Ocean Sport Fishing Regulations booklet (CCR Title 14, section 28.65).

Taking sea snails and octopus caught incidentally in your lobster hoop net is not allowed (section 29.10(a), on pg. 52 of the booklet).

Any finfish that is legal to take or possess in California may be used as bait in your lobster hoop net.

Question: We would like to harvest some mussels from the rocks and pier pilings around Monterey and are wondering if we can use an abalone iron or small shovel to get the mussels. Thanks. (Ronald V.)

Answer: No, most saltwater mollusks, including mussels, may be taken only on hook and line or with the hands (CCR, Title 14, section 29.10). Since there are no additional provisions for taking mussels with any other sort of tool, taking them by hand is your only viable option.

Question: I know that the law requiring anglers to display their licenses when fishing was recently repealed and the law requiring the purchase of a Bay-Delta Enhancement Stamp to fish in inland waters was also recently changed. Can you tell me when these will officially go into effect? I assumed Jan. 1, 2010, but then I saw something saying the "no display" law would not begin until March. What are the exact dates? Thanks much. (Bill K.)

Answer: The regulation repealing the need to display your license while fishing will not go into effect before March 1, 2010, the first day the general inland regulations start. The Bay Delta stamp is no longer required as of Jan. 1, 2010.

Question: If I am in need of food for myself and family, is it a crime to catch fish for subsistence from the ocean without a license? I understand that lakes in inland waters are stocked, policed and maintained and that these services have to be paid for via taxes, license and fines. That's understandable, but what about fishing from the ocean? I have heard that the waters of coastline states are overseen by the Coast Guard between the shore and the international waters line at 200 miles out. Should it not be a God-given right to fish the oceans and seas of this planet without permission from the powers that be? Please shed some light on this issue for me if you can. (Doug P.)

Answer: In California you can legally fish without a fishing license from public ocean piers and from the most seaward jetty of the harbor. Finfish may be caught by hook and line and crabs and lobsters by hoop nets from public piers and jetties, depending upon the area of the state where you are fishing. All regulations must still be followed, but you can fish without a fishing license in these locations only. There are also two designated free fishing days per year, when people may fish in ocean and inland waters without a license.

Except for the opportunities mentioned above, subsistence fishing or any type of recreational fishing without a fishing license in ocean or freshwater is not allowed. California's living marine resources are a public trust, which means they belong to all of the people of the state. However, it is necessary to manage these resources in such a way that they will be sustainable, both from an ecological point of view and in allowing recreational anglers to pursue them for enjoyment and to harvest them for food.

The California Legislature has given the Fish and Game Commission the authority to regulate all of our recreational fisheries, and the Department of Fish and Game (DFG) is the entity that manages these fisheries and enforces their regulations. Some regulations are very strict for species which have previously been overfished and are now recovering. Your right to fish is a privilege which must be considered in the context of a state with 37 million people.

Here's an option for you if you can't buy a license but want to catch lots of ocean fish for your family. Focus on the many species listed under section 27.60(b) on page 37 of the Ocean Sport Fishing Regulations booklet (www.dfg.ca.gov/marine/pdfs/oceanfish2009.pdf.) These species have abundant stocks and no bag limits, and a number of them are commonly taken from public piers.

Question: Is it legal to take female Dungeness crab in California during the season? I was sure it was illegal but could not find anything in the regulations confirming this. Can you help? (Walt D.)

Answer: Sport fishermen may keep female Dungeness crabs; it's only the commercial crabbers who are required to discard them. Although females may be retained by sport fishermen, the crabs are often smaller in size and have smaller pincers (and less meat altogether) so many fishermen choose to let them go. The larger females that meet or exceed the minimum size limit may also produce the most young, so many people feel it is a good investment in the fishery for the future to retain only the males and to let the females go.

Question: My son and I fish from our private boat almost exclusively and keep our sport fishing licenses aboard so they are always present. On rare occasions we will attempt to fish without the boat and a few times have forgotten to bring our licenses. To prevent us from mistakenly being without our fishing licenses, can we show a photo copy of our licenses or can the DFG issue more than one copy to a sport fisherman? Thanks. (Murray C.)

Answer: Good questions, but the answers to both are no. You must have a valid fishing license in your possession when fishing or attempting to take fish, and you must present it to a game warden upon request. Additionally, only one license may be issued to a person per year.

Question: Can I give fish away to friends and family? If so, do they need to have a fishing license for me to give it to them? (James M.)

Answer: Yes, you can give fish away. Though you can only take one daily bag limit per day, you can give that limit away so that you can go fishing another day and not be in violation of the overall possession limit. The recipient of your fish does not need to have a fishing license, but also may not possess more than the legal limit at any time.

Remember one important fact: Though your friends are allowed to possess fish without a license, if they are out in a boat or in the field and have access to fishing equipment, this is prima facie evidence they took the fish themselves, so make sure the fish are taken home and you are not out in the field or coming in from fishing when you give your fish to an unlicensed person. Possession of fish and equipment used to take fish when out in the field or coming back from a fishing trip is evidence that person was fishing and they may be cited for not having a license (FGC, section 2000).

Question: I've got a question regarding situations when buddies are diving together for lobsters. Each diver has a license, bag and measuring device but one is experienced and the other is a rookie. The skilled diver gets his limit and finds out the other diver isn't getting anything. The skilled diver then continues diving with the intention of helping out his buddy, but because they are separated, he puts the overlimit of bugs in his own bag, with the intention to transfer the extras to his buddy while still in the water. In other words, the bugs will be placed in another bag "during the hunt" for when they regroup. Is it legal for one diver to get a second limit of lobsters for his buddy who is having trouble getting his limit? (Jim C., Redondo Beach)

Answer: No. Each diver may only take and possess their own limit (currently seven lobsters), and may not take additional lobsters on any day after taking a limit. Diving is not a team sport in this sense. Once the diver takes game in excess of the legal daily bag limit and they are under his control, he is in possession of an overlimit.

Teaching a new diver to take bugs requires patience and sacrifice. It may take a while for a new diver to learn and get the hang of it, but other divers can't help to fill his bag in the meantime. The same goes for all other species of fish and game, except for the few species and circumstances where "boat limits" apply (California Code of Regulations, section 27.60(c)).

Question: What are the regulations governing the filleting of fish caught in Mexican waters, and where can I find those regulations? (Harold Y.)

Answer: As per Mexican law, fish caught under a Mexican sportfishing license may not be filleted aboard the vessel from which it was caught. According to Department of Fish and Game Lt. Eric Kord, this leaves you the options of traveling out 200 miles to international waters to fillet your fish, or returning to the United States to fillet your fish. Once back in the U.S., if your port of return is in California, then state law would apply to any filleted fish that is possessed on a vessel or brought ashore (CCR Title 14, section 27.65). Any filleted fish on your vessel must meet all size limits, be species authorized for filleting and retain any identification requirements (e.g., skin patch or all skin still attached).

If you choose to fillet your fish in Mexico illegally and transport the fillets back to California, that would be a violation of the federal Lacey Act, which is subject to much steeper fines and penalties (via a formal complaint from a National Oceanic and Atmospheric Administration fisheries agent).

To look up the Mexican laws that apply, please visit www.conapescasandiego.org/

Question: Last fall while hunting with a guide in D6 zone for deer and bear, I shot a nice 300-pound black bear. While getting my bear tag from my backpack, one of the guides saw that I had both my D5 and D6 deer tags as well as my bear tag. He told me that it was illegal to be hunting in one zone (D6), while having a different zone tag (D5) in my possession. Is this true? If I have a legal tag for the zone in which I'm hunting, I can't see any reason why it would be illegal to have a legal tag with me for another zone. I always keep all of my tags together in my backpack and I'm sure most all hunters do, too. Would you please see if this is a judgment call on the part of the game warden or if there actually is a law that says it's illegal? (Bill K., Placerville)

Answer: Regulations require only that hunters must have in their possession a current tag valid for the species and the zone in which they are hunting. Possession of another tag issued to the same hunter but valid for another zone or species is not prohibited (CCR Title 14, sections 708, 360 and 361).

Question: I would like to hunt for some critters within the condor area with my .22 cal air rifle and plan to use lead pellets. I have been told that air rifles are not considered firearms and therefore do not fall under the lead ban. Is it true? If not, which law/policy states this information? (Steve Z.)

Answer: Pellet rifles are not considered a firearm, so neither pellet rifles nor their projectiles would be included in the ban. For more questions on non-lead area regulations, please visit www.dfg.ca.gov/wildlife/hunting/condor/.

Question: Over the years I've been asked by DFG officials to produce my hunting license, show my game, show my gun and show my shells. However, this past weekend my brother and I, as well as other hunters, were asked at the refuge parking lot to voluntarily submit to a pat down search and to have our gear thoroughly examined for extra shells beyond the 25 shell limit. I really felt like the pat down search was a bit much. We were only a few hundred feet from the parking lot, we arrived well before shoot time and we fully complied without any form of resistance. I'm assuming that since we were asked, we were not required to submit to a pat down search. The only related regulation I can find is this:

"The department may inspect the following: (a) All boats, markets, stores and other buildings, except dwellings, and all receptacles, except the clothing actually worn by a person at the time of inspection, where birds, mammals, fish, reptiles, or amphibia may be stored, placed, or held for sale or storage."

Given this, I have three questions: Could I have refused to a pat down search? What would have been the repercussions of refusing a pat down search? What are the repercussions of having more than 25 shells in the field while in places where there is a shell limit? Thanks for your response. (Jim I.)

Answer: According to Northern California District Chief Mike Carion, non-negotiable search of the clothing a person is wearing is limited to situations when an officer believes the person may have a weapon. Outside of that, a clothing search can only be conducted with permission or in conjunction with an arrest. That being said, hunting equipment and all "containers" are subject to inspection by wardens (Fish and Game Code, sections 1006 and 2012). Failure to allow a search is grounds for arrest.

Many types of hunting gear are designed to hold shotgun shells, game, etc. These items are not technically "clothing" as defined by the law, but are more like hunting equipment, and thus would not be exempt from a search inspection. If the purpose of the search is merely to locate hunting equipment, the officer may ask the person to remove this type of hunting gear so it may be searched. For example, a hunter could be asked to remove a hunting jacket, game bag or maybe even waders if they were designed to hold equipment.

A person may deny consent to an officer who wants to search their clothing. But consenting is a smart choice. If an officer believes that a person may have a firearm or other dangerous weapon and there could be a potential officer safety issue, the individual can still be searched.

So, to answer your questions:

1) Can you refuse a pat down? Yes

2) What are the repercussions for refusal? Although this could raise a "red flag," which may cause the officer to think you are hiding something and may lead to a poor contact, it is legal to refuse to a consent search.

3) What are the repercussions to having more than 25 shells in the field?
You could be cited or possibly ejected from the area.

Question: If I hunt deer with a 30-30 cal., can I carry a .22 pistol at the same time (not to shoot deer)? And if I wound a deer with the .30-30 cal., can I finish off the wounded deer with the .22 cal.? Thanks. (John D., Ramona)

Answer: Yes and no. Although it may be legal to carry a .22 pistol while hunting deer during an open rifle season, a .22 caliber rim fire rifle is not legal for the take of deer. Being in possession of an illegal method of take will certainly cause a great deal of suspicion if you are contacted by a game warden. Since you are not allowed to use it to "finish off" the deer, it would be best to not carry it at all.

Question: Are there any restrictions on importing buffalo hides or buffalo art productions into California?

Answer: American buffalo (Bison bison) are considered a domestic breed of bovine (like cattle, goats and sheep) and thus no Fish and Game laws regulate them. American buffalo hides are not restricted by DFG and so they may be imported or possessed as long as they were obtained legally. However, the live importation of other species of true buffalo (e.g. African Cape Buffalo and Asian Water Buffalo) or their hides is restricted by law (CCR T-14 Section 671).

Question: I have a question about hunting big game around watering holes or guzzlers in northeastern California. I see tree stands and even camps around many of them, but some of my friends say these are illegal. Are there any restrictions as to how close you can be? Thanks for the info. (Ken)

Answer: Generally, it is illegal to hunt within 200 yards of watering holes (wildlife watering places) while on public lands or within one-quarter mile of specified wildlife watering places (wells) in Lassen and Modoc counties (CCR T-14 730[c][1-2]).

The regulations regarding wildlife watering places specifically prohibit "... establishing or inhabiting a camp; resting; picnicking; sleeping; parking or inhabiting any motor vehicle or trailer; hunting; or engaging in any other recreational activity for a period of more than thirty (30) minutes at a given location."

"Wildlife watering places" are defined as waterholes, springs, seeps and man-made watering devices for wildlife such as guzzlers (self-filling, in-the-ground water storage tanks), horizontal wells and small impoundments of less than one surface acre in size.

According to Game Warden Jason Chance, an ethical hunter should treat watering holes the same as bait piles. Like bait piles, watering holes attract game, especially in arid areas. Ethical hunters know there is no fair chase or challenge in hunting animals around waterholes or guzzlers because this provides the hunter with an unfair advantage over wild game.

Question: Regarding waterfowl hunting, I am curious if it is lawful to shoot a bird that is on the water or, if I'm field hunting, to shoot a bird that is standing on the ground. I do not consider it sporting, but I was party to a group of hunters that took part in the above actions. (Nick V.)

Answer: It's not illegal, but it's certainly not sporting as it violates the Fair Chase Principle. "Fair chase" is the ethical, sportsman-like, lawful pursuit and taking of any free-ranging animal in a manner that does not give the hunter an unfair advantage over such animals. In addition, it can also be unsafe to shoot birds on the ground or on the water because nearby hunters might be in your line of fire.

Question: Can you clarify the regulation on hunting coyote with a light? I interpret it to be that it's OK to hunt at night with a light except during a designated deer season, and that it must be a handheld light. Can you use a scope-mounted light? Thanks. (Tom B.)

Answer: Coyotes may be taken at any time of the year, in any number (unless prohibited by local ordinance or otherwise) and in any manner except poison (California Code of Regulations, Title 14, sections 472 and 475). You are correct that lights cannot be used for night hunting in any area where the general deer season is open.

According to Lt. Todd Tognazzini, before you set out to hunt coyotes, you will need to research two main areas of the law. The first deals with the use of lights while night hunting. The state is divided into three distinct zones and under the CCR, Title 14, section 264, there are some counties defined in Zone 1 and Zone 2 that allow spotlight use from a vehicle as long as the engine is off and spotlighting does not occur from a public roadway. In the Balance of the State Zone (all other counties), hunters may only use lights to take furbearing and nongame mammals if the hunter is on foot and away from a vehicle. Lights must be a maximum 9-volt light source with self-contained batteries, and must be either hand-held or worn on your head (CCR, Title 14, section 264.5).

According to the Fish and Game Code, section 2005, "It is unlawful to use or possess at any time any infrared or similar light used in connection with an electronic viewing device or any night vision equipment, optical devices, including, but not limited to, binoculars or scopes that use light-amplifying circuits that are electrical or battery powered, to assist in the taking of birds, mammals, amphibians or fish."

In Zones 1 and 2, a weapon-mounted light of any size could be used so long as it was not a prohibited device (as described under the FGC, section 2005[c]).A weapon-mounted light would be lawful in the Balance of the State Zone as long as it complies with the 9-volt maximum and self-contained battery requirements as required for this zone (CCR, Title14, section 264.5).

There are also quite a few areas in the state where night hunting is prohibited completely, such as parts of San Benito and Monterey counties (CCR, Title14, section 263). There are also different areas with complete closure zones, so be sure to check for those as well (CCR, Title14, section 474).

Question: Is it legal to capture and keep wild boars (feral pigs) in California? Is it legal to keep them in a pit to train dogs for hunting boars? Thanks. (Barb S.)

Answer: No, it is unlawful to capture and keep live wildlife in California, with rare exceptions for rehabilitation and educational purposes. According to Lt. Todd Tognazzini, it is unlawful to capture any game mammal, game bird, nongame bird, nongame mammal or furbearer, or to possess or confine any live game mammal, game bird, nongame bird, nongame mammal or furbearer taken from the wild (FGC, section 3005.5). The law also directs DFG to seize any bird or mammal possessed or confined in violation of this section.

Question: My uncle who lives in Europe and is not a U.S. citizen is planning to visit me next year on a normal tourist visa. He took me hunting 30 years ago and so I'd like to now take him on a hunt or two. Is there a way for him to get a hunting license or some kind of permit? Can his out-of-state/country hunting license be used instead as proof completion of a hunter's education class? He's been a hunter for more than 40 years but the chances for finding and completing a regular hunter's education class during his visit are unrealistic. Thanks ahead. (Ivan K.)

Answer: Your uncle will be able to purchase a Nonresident Hunting License to hunt with you in California if he can present a current hunting license or a hunting license issued within the past two years from a European country. This is the proof he will need to demonstrate he meets California's hunter education requirements.

Otherwise, if he is only going to be here a few days, there are a few one-day, 10-hour hunter safety courses still offered in California. There's also an online course available that requires a four-hour certification with a certified hunter education instructor. If he does not have a hunting license in Europe, these options would only take one day of his trip to California. You can find out more about local courses at www.dfg.ca.gov/huntered/classes.aspx or at your local hunting stores. Question: When is a two rod fishing stamp required - when carrying more than one rod or when using two at one time? (Linda A., Weaverville)

Answer: A two rod stamp is required when an angler wants to fish with two rods simultaneously. Simply carrying or being in possession of two rods does not necessitate an additional stamp.