Pete Thomas Outdoors

Restrictions on using remote-controlled aircraft in California wildlife reserves?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

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.)

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 …"

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/.

Q: 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)

Legal to bow-hunt for turkeys off the side of a highway?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

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).

Q: 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.)

A: 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!


Q: Can you please clarify the starry flounder regulations in saltwater vs. freshwater? I know that flounder are included in the rockfish-cabezon-greenling 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.)

Why don't game wardens release all poached animals?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: I support the work of the California Department of Fish and Wildlife and want to congratulate and say thank you for all your services. However, I was watching an episode of "Wild Justice" recently and something didn’t seem right about the way the game wardens carried out a couple of operations. On the show, game wardens busted a poacher with 42 abalone. The wardens spied on a group and knew they were fishing illegally, so why didn’t they stop them when they came back to the beach? Why did the game wardens allow the group to pull the abalones away from the beach and wait? By the time you guys busted the group, all 42 abalone were dead. My 4-year-old daughter couldn’t understand why you didn’t catch the poachers as soon as they hit the beach so the abalone wouldn’t have had to die. Can you please give me an answer so that I can explain it to her? (Christopher R.)

Answer:  Wardens are often faced with the dilemma of when to make contact on a poaching case. According to CDFW Lt. Patrick Foy, there are circumstances where a warden can make an excellent poaching case, contact the perpetrator, and return the live animals to the water/or wild. Those cases usually result in a fine. There are other times, such as the one you reference, where an effort needs to be made to prove that the perpetrator’s actions weren’t just a one time occurrence by a person who wasn’t aware of the law. If a warden can document that the perpetrator’s actions were planned, and intended to make a profit poaching wildlife, it is called commercialization. Commercialization cases are difficult to make, but when a warden makes them, they can lead to life-time revocation of fishing privileges, steep fines, and even jail terms. The wardens in the case you watched made the judgment that the loss of 42 abalone was necessary to permanently take the poachers out of business.


Q: Is it legal to hunt and bring a wolf hide from another state into California? (Stephen H.)

Why is it so difficult to catch abalone poachers?

In support of the California Department of Fish and Wildlife and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: As an avid abalone diver, it is disturbing to see all of the poaching going on. It is also disturbing that when the poachers are caught, they have such large numbers of abalone. Why do the wardens observe individuals poaching tens to hundreds of abalone over limit before making an arrest? We have read so many stories about time periods passing with observation before action is taken. Is it something about the law that requires such blatant damage before an arrest is justified? Is there a promotion incentive for taking down an especially large poaching ring? I dislike even asking a question this way, but along with applauding the department’s efforts, I am often left with this very question. Please do discuss this. For one person who may ask you this out loud, there must be many thinking it. Thank you. (Peter A. Wolf)

Answer: You ask some good questions. One of the greatest challenges of abalone enforcement is the task of separating poachers from the vast majority of honest abalone divers.

According to Department of Fish and Wildlife Lt. Patrick Foy, one of the primary ways wardens make a case is to contact divers after they exit the water. Contacting a diver in the water is not generally effective, especially on low tide days where there are hundreds, if not thousands, of abalone divers out. Poachers often try to blend into the mix of honest abalone divers and try to look just like everyone else to avoid unwanted attention. Other times divers use SCUBA to harvest their catch, further reducing the ability of wardens to make contact in the water. Whenever possible, evidence abalone are returned to the water. We use DFW certified divers to accomplish the task, or we work with State Parks rangers and lifeguards.

The question wardens are frequently asked by honest abalone divers is, "What can I do to help?" The best action you can take is to be patient with abalone report cards and fill them out properly. Report cards are an excellent tool to help us differentiate between poachers and divers. Other than that, be aware of divers engaged in suspicious activity such as making multiple trips to their vehicle, stashing bags of abalone or gear along the beach, harvesting abalone for other people and giving it to them, etc. Report suspicious activity and suspect information such as physical descriptions, vehicle descriptions and license plates, etc. to CalTIP at (888) 334-2258.

Q: Since deer antlers must have the tag on them for only 15 days after the season, why does the tag have to stay on the frozen head afterward? (Geoff V.)

Do crippled birds count toward my bag limit?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: I was informed that a downed crippled bird that was not recovered, even though a true effort was made to find the downed bird, still counts toward your bag limit. Where is this stated in the regulations? (Aaron W.)

Answer: It is not in regulation. It is an ethical hunter issue. Ethical hunters will make every attempt to find a downed bird. Even if that bird is never located but the hunter knows it was hit, the ethical hunter will still count it towards their bag limit. Ethical hunters do what is right even when they think no one’s looking.

Q: I understand that each person that drops a hoop net must be the same person that retrieves it. How is this going to be monitored? If we have four people in the boat and 10 nets, are we supposed to somehow mark each net to distinguish whose is whose? (Bill J.)

A: The law states that the owner of the hoop net or the person who placed the hoop net into the water shall raise the hoop net to the surface and inspect the contents of the hoop net at intervals not to exceed two hours.

According to Department of Fish and Game Lt. Eric Kord, the intent of this law is to require a minimum checking interval of every two hours at least by whoever placed the net in the water and not to cite somebody for pulling up their buddy’s net. Wardens understand if you are working together as a team, but any net placed into the water is your responsibility to raise and inspect every two hours. Depending on someone else to do that for you may result in you receiving a citation if they fail to comply with this requirement.

Q: Can a private fisherman filet a fresh-caught salmon on the Sacramento River while retaining the carcass? I ask because I am of the opinion the salmon is not a size or weight limit fish. Does this change the answer? (Leslie G.)

Is it legal to ship abalone to others as gifts?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: Is it legal to ship harvested red abalone as gifts within California and also out of state if the abalone is tagged and still in the shell? If yes, anything else we should be aware of? (Michelle G.)

Answer: There are ways to gift abalone to an out-of-state person, but you would have to abide by the following laws and check with out-of-state officials to make sure they allow importation of abalone. The following laws affect how abalone are shipped out of state:

    •    No more than the legal bag and possession limit of three abalone may be possessed at any time (California Code of Regulations Title 14, section 29.15(c)). Therefore, you cannot ship more that three abalone at a time. Otherwise, the shipper and the person picking up the abalone would be exceeding the possession limit.

    •    It is unlawful for a common carrier or his agent to transport, or offer for transport, or to receive for transportation from, any one person, during any interval of time, more than the bag limit of birds, mammals, fish, or amphibia which may legally be taken and possessed by such person during that interval (Fish and Game Code, sections 2346 and 2347).

    •    Abalone in possession (including transportation) shall not be removed from their shell, except at which time they are being prepared for immediate consumption (CCR Title 14, section 29.15(g)).

    •    Abalone must be shipped whole, in the shell with the tags attached (CCR Title 14, section 29.15(g)).

    •    Any package in which birds, mammals, fish, or amphibia, or parts thereof are offered for transportation to, or are transported or received for transportation by, a common carrier or his agent shall bear the name and address of the shipper and of the consignee and an accurate description of the numbers and kinds of birds, mammals, fish, or amphibia contained therein clearly and conspicuously marked on the outside thereof (FGC, section 2348).

What are the fishing limits, license requirements for children?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: I was always taught as a kid fishing in the streams in the high Sierras and Mother Lode lakes that a child under 16 had to count their catches under their licensed parent’s or other adult’s license on site.

My question is, can a child capable of catching their own fish without assistance from an adult catch a limit of trout, for example, separate from a licensed adult? I see this come up with parents who want to take their kids fishing (and the kids really want to learn how to fish!), but the parents are not interested enough to buy a fishing license.

I’m interested in taking a group of kids fishing but can’t figure out how many licenses we’ll need and how many fish we can legally take. Some of these kids are too young for a license but really want to catch their own fish. Can you please clarify this for me? (Doug M.)

Answer: A child or young adult 15 years of age or younger does not need a fishing license to catch their own limit of fish. They also do not need to put their catches under an adult guardian’s license limit. All of the same regulations apply for them except the requirement to purchase a fishing license. However, if fishing for sturgeon, abalone, lobster or steelhead (which all need additional report cards), then they will have to purchase those.


Q: What are the rules for hunting wild pigs and where can I find maps or private farms were I can go to hunt them? (Isaac G.)

Legal to transport gifted abalone out of state?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: I will be receiving a gift of some abalone steaks (frozen) which I intend to take with me on my return to Hawaii. These were legally fished off the Northern California coast. Is there any possible legal infraction for this? (Shel B.)

Answer: It is illegal to transport gifted abalone unless it is still in the shell with an abalone tag attached. California Sport Fishing laws require abalone to remain in the shell until they are being prepared for immediate consumption. "Immediate consumption" as used in this law is applied to mean "right now" or "into the frying pan" and not "later today," for example.

Possession of abalone out of the shell (e.g. "… abalone (frozen) steaks …") is a clear violation. In addition, when you take them to Hawaii it will be a violation of the Lacey Act, a U.S. law that prohibits taking any wildlife across state lines in violation of either state’s laws.

See sections 29.15(g) and 29.16 beginning on page 45 in the current Ocean Sport Fishing Regulation Booklet, available online at www.dfg.ca.gov/regulations/

If you have an opportunity to acquire legally taken and tagged abalone still in the shell, you may transport one limit (maximum of three abalone measuring seven inches or greater in diameter) with you from California but it is advised that you check with the State of Hawaii and inquire about any restrictions or requirements they have on bringing abalone into Hawaii.


Q: I’m getting back into deer hunting after 30 years, and realize from reading that validation is required prior to transferring a deer to my residence. What I am confused about is can I still bone it out in the field rather than drag it back whole to camp or the vehicle? If so, what are the requirements of what I must present for verification sign-off of the tag? (Don S.)

Legal to share rifles during same hunting excursion?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: My brother and I both hunt deer during open season along with small game, preferably squirrels. We carry two rifles each (one for deer and the other for squirrel). After hours of hiking though, it gets tiring. So my question is if I was to carry a small caliber rifle to hunt squirrel and my brother carries a big caliber rifle to hunt deer, would it be legal for us to switch guns during the same trip? For example, after he tags his deer, I could use his gun to go hunt for deer and he’d use my small caliber rifle to hunt squirrels. Or, would we have to continue carrying two guns each to hunt the two different species? (John)

Answer: There is no problem with you and your brother sharing your rifles as long as the appropriate rifle is used for the appropriate species. Remember that rimfire rifles, such as the .22, are legal for squirrel but not for deer. If you are deer hunting, you must carry a centerfire rifle. If you are hunting in the Condor Zone, the large caliber rifle must carry non-lead ammunition. This restriction would not apply to the take of small game including tree squirrel, jackrabbit and cottontail.

Q: We love to camp at the Gerstle Cove Woodside Campground and eat abalone for dinner. Can we legally clean the abalone at the fish cleaning facility and then drive a mile back up to the campsite to cook them? I am sure the rangers would prefer the abalone guts to be at the cleaning station rather than to be put into the trash cans at the campsite to rot. However, it means driving a mile to the campsite in possession of abalone that are out of the shell. I am afraid the campground workers will not enjoy your answer. (Anonymous)

Are there rattlesnakes in the Lake Tahoe area?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Pete Thomas Outdoors, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly California Outdoors Q&A column:

Question: For years I was always told there are no rattlesnakes in the Lake Tahoe area because the altitude was too high. However, recently I’ve read many articles that say rattlesnakes can live as high as 10,000 feet. I am worried because I play golf and often end up in the rough, which means looking for my golf ball in tall grass and brush. Are there rattlesnakes in the Lake Tahoe basin and surrounding areas that I need to be watching out for? (Nick R.)

Answer: The Department of Fish and Game doesn’t track occurrences of common snake species, but according to DFG Statewide Coordinator for Conservation of Amphibians and Reptiles Betsy Bolster, don’t discount the possibility of encountering a rattlesnake in the Lake Tahoe area. The Great Basin rattlesnake (Crotalus oreganus lutosus) is widespread and can occur up to the timberline. According to references, the Great Basin Rattlesnake (subspecies, Crotalus oreganus lutosus) is found in California in the far northeastern corner and in a small region east of the Sierra Nevadas near the Mono Lake area. Its range continues outside the state to the north into eastern Oregon, and east to western Utah, southern Idaho, most of Nevada and barely into extreme northwestern Arizona. Its preferred habitat includes rocky hillsides, barren flats, sagebrush, grassy plains and agricultural areas.

You should know though, that rattlesnakes are generally not aggressive, and will usually only strike when threatened or deliberately provoked. Given room they will likely retreat. Most snake bites occur when a rattlesnake is handled or accidentally touched by someone walking or climbing. The majority of snakebites occur on the hands, feet and ankles.

The California Poison Control Center notes that rattlesnakes account for more than 800 bites each year, and only one to two deaths. About 25 percent of the bites are "dry," meaning no venom was injected, but the bites still require medical treatment.

 Given this, since your golf game, like mine, includes some time spent in the rough, I’d keep my eyes and ears open when searching for a golf ball away from the fairway. It might be worth it to hit the pro shop for some extra golf balls rather than taking chances on whether or not you are in rattlesnake habitat. FORE!

(References: (Field Guide to Western Reptiles and Amphibians, Robert C. Stebbins, 1985). Californiaherps.com. www.californiaherps.com/snakes/pages/c.o.lutosus.html)

Q: I will be going camping next week at a place called Hell Hole Reservoir near Lake Tahoe and I need to know if I may bring a jeep survival knife with me. The knife has a 15-inch blade with a sheath. I know you are not allowed to carry a knife more than three inches long in California, but I need to know if there is an exception for camping. (Mitch L.)