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http://californiaoutdoorsqas.comCalifornia Outdoors Q & A: Cherry Picking Crabs and Hunting the
Wildlife Refuges vs Private Property
Question: Recreational Dungeness crab fisherman often seem to hold onto
crab in excess of their limit while they are still crabbing, then they
cherry pick the best ones and throw back the extras after pulling all
their pots. Is this legal? Say for example I'm fishing alone and drop
three pots. When I retrieve the pots, the first one contains 10 crab,
and I put them all in my fish box. The second pot also has 10 crab and I
also put them all in the box. I pull the last pot, then sort through all
the crab and throw back all but the biggest 10 before heading into the
harbor. This is how I would prefer to fish, but I think it would be
illegal since I should never have more than my limit (10 crab per
person) aboard. (Jesse)
Answer: What you describe is high-grading and is absolutely illegal.
Every crab over the limit that is in the fisherman's possession, even if
just for a short time, could get them cited for possession of an
over-limit. Once a limit is in possession, all other crabs must be
immediately returned to the water. If the fisherman keeps 10 legal-sized
crabs from his first pot, all other crabs in any subsequent pots must be
released.
Question: I own my boat and have it licensed as a six pack commercial
passenger fishing vessel (CPFV). I know that when Dungeness crab
fishing, passengers fishing on a CPFV can only take six crabs that must
measure six inches minimum. My question is regarding trips that I make
with friends and family and no paying passengers. If it's not a
commercial trip, can we all take 10 crabs per person measuring a minimum
size limit of 5 ? inches like all other recreational crabbers? Would I
need to mark my traps with different buoys from those that I use when
taking paying passengers out? (Chuck H., Monterey)
Answer: Your boat is still a CPFV even when there are no paying
customers aboard. Therefore, since the regulation states six crabs for a
commercial passenger vessel, you and your passengers may still take only
six crabs per person.
Question: The new license paper is obviously very durable, but it seems
to be light sensitive, too. How careful do I need to be to prevent it
from changing color and going dark?
Answer: The new ALDS license is both tear-resistant and completely
waterproof. This paper has undergone extensive testing and has been in
use since May 2009 for online license purchases.
Regarding the sensitivity to light, the paper will:
- Darken if exposed to extreme heat, such as on a dashboard for weeks
at a time. However, a darker license is still usable as long as the text
and signature is still readable.
- Darken if exposed to temperatures greater than 200 ? F. If this
occurs, the license must be replaced. Customers can purchase a
duplicate license from any license agent or DFG office.
Licenses should never be heat-laminated as this will destroy the
license. This was also the case for the previous license paper.
Question: Is it true that the new fishing license gift vouchers require
the recipient to return to the exact store where the voucher was
purchased and present all of their personal information in order to
trade the voucher for a legal license?
Answer: Gift vouchers can be redeemed for an annual resident sport
fishing license at any license agent location. While gift vouchers are
non-refundable, they are transferable since they have no customer
attached to them until redeemed.
Question: Is it legal to sell unused ammo at a garage sale or flea
market? I have ammo that was given to me and I don't own the guns that
fire them. They are still in the box and some still have the price tags.
I know there is value to somebody who owns these guns. (David S.)
Answer: There are no Fish and Game laws regarding selling ammunition.
However, there are some restrictions in the California Penal Code on who
can purchase ammunition, and some local governments have restrictions on
what items can/can't be sold at garage sales. Our best advice is to contact the Department of Justice, Bureau of
Firearms or your local police or sheriff's offices before offering it
for sale. The policies may differ from city to city and/or county to
county.
Question: Some friends and I are all predator hunters and are confused
by the regulations regarding hunting with electronic callers when it
pertains to gray fox. Is it legal to shoot a gray fox that responds
while I am using an electronic caller? Many hunters believe the code
section dealing with electronic callers and non-game animals also
pertains to gray fox. I've tried to convince them it only applies to
non-game animals, not furbearers. (Jim R.)
Answer: It is not legal to take gray fox that respond to electronic
callers because gray fox are considered furbearing mammals (e.g., pine
marten, fisher, mink, river otter, gray fox, red fox, kit fox, raccoon,
beaver, badger and muskrat as per Fish and Game Code, Section 4000), not
non-game species. FGC, Section 3012 states, "It is unlawful to use any recorded or
electrically amplified bird or mammal calls or sounds, or recorded or
electrically amplified imitations of bird or mammal calls or sounds, to
assist in taking any bird or mammal, except non-game birds and non-game
mammals as permitted by regulations of the commission."
Similar to the section above, a California Code of Regulations section
restricting the use of electronically amplified equipment states:
"Recorded or electrically amplified bird or mammal calls or sounds or
recorded or electrically amplified imitations of bird or mammal calls or
sounds may not be used to take any non-game bird or non-game mammal
except coyotes, bobcats, American crows and starlings(CCR Title 14,
Section 475(b))".
This CCR regulation does not apply to your situation, though, because
its prohibitions are specific to non-game birds and mammals. Since gray
fox are considered furbearing animals, FGC Code, Section 3012 applies
and prohibits the take of gray fox with electronic callers.
Question: I have some questions about waterfowl hunting. The waterfowl
hunting regs book refers to different wildlife areas and refuges as Type
A, B or C Areas. What is this referring to? I know that hunting is only
allowed on designated days in the state and federal wildlife refuges and
areas, but what about hunting on private land? Can you hunt on any day
you choose? (Tim H.)
Answer: According to Department of Fish and Game (DFG) Yolo Bypass
Wildlife Area Manager Dave Feliz, DFG Wildlife Areas are classified as
Type A, B, or C Areas based on the level of staffing and the public use
demand. Type A and B areas are staffed and often defined by the presence
of wetland habitats. Type A areas are intensely managed, with extensive
vegetation manipulation and water management. Public use is typically
very high and carefully managed by the Department. We often staff a
hunter check station at these facilities, and physically check all
hunters in. All game taken is identified and tabulated. There is a fee
to hunt on Type A Wildlife Areas which can be paid daily or the hunter
can purchase a Type A annual pass.
There is also a fee to hunt on Type B Wildlife Areas. These facilities
often do not have a staffed hunter check station. Fees are satisfied
with either a Type A or Type B season pass. Hunters will not be able to
purchase a daily pass at a Type B hunting area.
Type C areas are often unstaffed lands and contain extensive upland
habitats. Access is usually on a self-serve basis and no fee is
required.
Wildlife Areas typically hunt Wednesdays, Saturdays and Sundays during
the waterfowl season. It is thought that giving the birds a couple of
days off from being hunted allows them to rest or move about freely and
feed undisturbed. In effect, the entire Wildlife Area functions as a
closed zone and attracts more birds for the next round of hunting.
Private wetland owners often respect these traditional hunt days but are
under no obligation to do so.
Question: Is it legal while hunting big game to have a spotter guide a
hunter to the animals using cell phones or radios? (Frank H.)
Answer: While it's illegal in some states, it's not in California. In
states where it is banned, it is because they believe using radios
and/or cell phones while big game hunting is not an ethical method of
stalking and hunting wildlife. Currently, California has no such law and
so radios and cell phones are legal.
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