Pete Thomas Outdoors

Legal to host a charity dinner using donated game?

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: An organization I belong to wants to do a benefit event with donated fish and game meals prepared for the homeless and the hungry. I know that waterfowl regulations are set by the federal government, but wonder if it may be possible to accept donated wild ducks and geese and turn them into a meal for a few hundred. It would be a one-day event to draw attention to a local shelter and help boost the image of us hunter types as charitable people who help to conserve our resources. At some point, someone is going to be over their possession limit to make this happen. Obviously, we won’t charge for the event, and our organization often leaves a generous donation to the facility, but I always thought there was a possession problem. Whaddaya think? (Scott L.)

Answer: Yes, an event like this can be done. A designated person may receive and possess game birds and mammals from multiple donors to give to or prepare for a charitable organization or charitable entity (under Fish and Game Code, section 3080) as long as they have:

1)    Copies of the hunting licenses and validated tags for the species possessed. They must be issued for the current or immediate past license year and signed and dated by the donor confirming the donation.

2)    The charitable organizations or charitable entities receiving and distributing game birds or mammals for charitable or humane purposes, must maintain the documentation described above for one year from the date of disposal.


Q: Is a fishing license required to collect seaweed? (Jane S., Monterey)

Legal to hunt deer from a boat drifting down a river?

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: Is it legal to hunt deer from a boat drifting down a river? If so, what are the parameters? Do you have to be a certain distance from shore? (Eric S., Redding)

Answer: The main requirement when hunting from a boat is that the boat cannot be under power or still moving as a result of power. In addition, engines must be shut off and out of the water. Once you’ve done this, the boat may be drifting, beached, moored, resting at anchor, or propelled by paddle, oar or pole.

Aside from the requirements of using the boat as a platform, the shooter must consider what else may be around and beyond the deer. You cannot hunt or shoot a firearm within 150 yards of an occupied dwelling, or hunt on private property or within prohibited areas such as municipalities. It is important to research your specific hunting area and know legal access points. No person shall pursue, drive, herd or take any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile (California Code of Regulations Title 14, section 251). There may also be some Penal Code restrictions regarding loaded firearms in vehicles.

Q: My dad is handicapped and someone told him if he gets a license and abalone report card, he can then have someone else catch abalone for him and hand it to him either while he’s on a boat or once back on shore. Is this true? (Janet R., Sacramento)

Clarifying some of the regulations for abalone diving

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 plan to head to the coast to try some abalone diving next weekend but need to clarify a few of the abalone regulations before I make the trip. First, I will take all abalone with a legal ab iron but want to also carry a knife. Would this be a problem?

Second, if my buddy and I want to spearfish and take abs on the same day, can we carry our guns while taking the abs or do we have to make separate trips to and from the car?

Finally, if our abs are separated into individual bags (one for mine and one for his), can both bags be clipped onto a single float tube while we finish spear fishing or would that violate the separate possession regulation? Thanks! (Andrew M.)

Answer: You are allowed to carry a knife while diving for abalone but you may not use a knife in place of an abalone iron for taking abalone. The main reason for this rule is because abalone are hemophiliacs, and even the slightest cut to the foot when attempting to remove them from the rocks may cause them to bleed to death. This is a problem especially for abalone short of the legal size limit that must be released. Abalone irons are designed with rounded corners and wider and thicker bases to prevent injuries.

As far as spear guns, you are allowed to carry one while abalone diving (unlike when diving for spiny lobster where this is not legal). Each person’s abalone must be kept in separate identifiable bags, but the bags can both be clipped to the same tube.


Q: While fishing on a reservoir located on the Cal Poly SLO campus recently, a Cal Poly professor approached us and asked us to leave. This reservoir receives water flow from Lake Santa Margarita where the California Department of Fish and Wildlife stocks the fishery. The reservoir isn’t listed as a regulated fishery with special conditions. I believe it is public land, and licensed California anglers have a right to fish there. The professor disagrees. Who’s right? (Brian H., San Luis Obispo)

Legal to release pet ducks to the wild?

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 have some ducks that I would like to find a good home for but I’m not sure where to start. They have been pets and I don’t want to eat them or risk giving them to someone else who will eat them. I’d like to release them into the wild and am hoping you can advise where I can do this. I’m willing to donate them someplace as long as I know they won’t get eaten. (Mike)

Answer: I understand you are seeking a good home for your pets, but releasing domestic animals into the wild is a bad plan and often has disastrous results. Typically, domestic animals depend on humans for food and are ill-equipped to take care of themselves in the wild. When released to the wild, many end up starving to death or falling prey to any number of predators.

If the animals do survive, they often become a nuisance in their new home and may cause damage because they tend to seek out people for food. Domestic animals also compete for resources with wildlife, and in some cases may breed with their wild counterparts which reduces the genetic fitness of wildlife populations. There is also a real possibility of introducing domestic diseases to wildlife that have no immunity. This may cause die-offs, sometimes quite massive ones. In addition to all of this, it is also against the law. Any person who willfully abandons an animal is guilty of a misdemeanor under California Penal Code, section 597s.

You might try posting a notice at a local farm or agricultural store because many of these stores regularly sell domestic ducklings. You could also search for petting zoos or small city zoos to see if they may be interested in giving them a good home. If that doesn’t work out, try advertising on the Internet. You might also check with local schools and ask friends.

Bottom line … you have a number of options to explore in your quest to find a new home for your feathered friends, but releasing them into the wild should not be one of the them.


Q: I’ve recently been to a few beaches where I’ve found red abalone shells that have washed up on the shore. I’ve collected a few shell fragments and have made jewelry from them. Friends of mine have shown the items to others and now they want me to make them items as well. My questions is … Is it illegal for me to collect red abalone shells and then make jewelry, then sell them to friends, and so forth? I’ve gotten mixed answers from the Web and have tried to navigate your Website. I have seen no definitive answer. If anyone could respond to this it would be great. (Matt R.)

Legal to scout for abalone while scuba diving?

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: Is there any regulation prohibiting a photographer with scuba gear from also scouting out large abalone for a regulation-compliant abalone diver to take? Thanks in advance, and for all you do. (Dave C.)

Answer: The photographer in scuba cannot assist the free diver in any way. The action you describe falls within the definition of "take" under the Fish and Game Code and its regulations (see Fish and Game Code, section 86 and California Code of Regulations Title 14, section 1.80). Both the abalone diver and the photographer with scuba gear may be cited for violating CCR, Title 14 section 29.15(e), which prohibits the use of scuba gear to take abalone.


Q: I noticed in the new ocean sport fishing regulations that ocean whitefish fillets are required to be a minimum length of 6½ inches long and retain the entire skin intact. However, there is no minimum size limit for the whole fish. Why is there a size limit on fillets but not on the whole fish? (Jim Martinez)

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.)