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http://californiaoutdoorsqas.comQuestion: If I go diving with a friend in Sea Ranch (Sonoma County) and
my wife stays home in San Francisco, can I dive one day and gift those
abalone to my wife even though she is not with me at the moment? Then
the following day, can I dive again, take an additional limit for
myself, and then drive home alone with six abalone in my car? I would
make sure the abalone remained in their shells and I would carry a
letter stating three of the abalone are gifts for my wife. Does she have
to be with me in order for me to gift the abalone to her? (Chuck V.)
Answer: This scenario would not be legal. Regardless of your intent, if
you have six abalone in your possession, you will be in violation of an
over-limit and could be cited and have all of your abalone confiscated.
Only three abalone may be possessed at any time by an individual, period
(California Code of Regulations, Section 29.15[c]).
In order for you to legally gift abalone to someone else, that person
must be with you to receive and personally take possession of the
abalone. Just carrying a note stating that you intend to gift three of
the six abalone in your possession to your wife will not suffice because
you are still in possession of an over-limit, and are thus in violation
of the law.
Even though regulations allow for gifting abalone to other people,
remember that bag and possession limits are set up as fishery management
tools to help control excessive take of abalone. Even with the current
limits and regulations, there is concern that some heavily used fishing
sites are showing signs of reduced abalone populations. Careful
management of this fishery is required to help assure California's
abalone stocks remain healthy and sustainable for continued future
harvest through the coming years. Each diver and shore picker should be
aware and mindful of this and help whenever they can.
Question: On the Klamath River, is it legal for an Indian guide with
paying clients on his boat to use more than one rod per passenger and
barbed hooks when this is illegal on this river? (Kathleen C.)
Answer: Generally, there are no exceptions for Native Americans in the
fishing regulations; however, on some rivers where tribal rights have
been granted to the native people while on the tribal lands, they may be
exempt from California fishing laws. When such exemptions are in place
it only applies to Native Americans on the tribal roll of the tribe with
the rights. In your example, the paying clients are not exempt unless
they are Native Americans on the tribal roll of the tribe with the
exemption.
Question: We feed birds in our yard year round, but this year we are
delighted to have a family of wild quail who have taken up residence in
our yard in San Ramon. Our problem is there are also two pairs of
raucous big birds that look like and act like blue jays, and they have
taken over our yard.
Their call is so unpleasant and they are aggressive and chase away
other smaller birds. They are eating the food we're trying to preserve
for the quail and other smaller birds, such as finches. Can those large
blue-jay-like birds be trapped or contained somehow? They are so bold
they attack neighborhood dogs and cats by pecking at their heads. Help,
please! (Dione Z.)
Answer: Sorry to hear about the problem you're having. Unfortunately,
the jays are protected under the Migratory Bird Act and so cannot be
trapped, contained or hurt. Your best bet is to try to change your
feeding methods somehow to exclude the Jays. This may be difficult but
it's really your only alternative.
Question: I have a house on five acres near Winters in northern California and have some really nice bucks on my land. Everyday they come within a few feet of my house and graze on my garden and plants. If I purchase an A Zone tag this year, can I legally shoot a deer on my land from my house or porch? My house is situated more than 200 yards from any other property or house and it is outside of the city limits. Thanks. (Brian T.)
Answer: Yes. The safety zone law prohibits shooting within 150 yards of
any occupied dwelling without the permission of the occupant. As long as
it is otherwise legal to discharge a firearm in this area (e.g. not in
the city limits), then go for it.
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Question: Are there any rules on the numbers of fishing rods someone can use for ocean fishing? I had a bad......
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Answer: Unfortunately, even if your fish is undersized and going to die anyway, you must still return that fish immediately.......