Pete Thomas Outdoors

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.)

Can gray wolves hybridize with coyotes?

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 have heard that the gray wolf that recently wandered into California has been "hanging out" with coyotes. I have also heard that wolves sometimes breed with coyotes and produce offspring that is half wolf and half coyote. Would such an offspring be protected under the endangered status of the wolf or open to hunting like a coyote? Either way, how would someone tell if the animal was 100 percent coyote or a hybrid? Thanks for any insight you can provide. (Jeff S.)

Answer: We have been getting a number of inquiries regarding wolf-coyote hybrids after we observed and photographed the wolf known as OR7 in the company of coyotes.

According to Department of Fish and Game Northern Region Wildlife Program Manager Karen Kovacs, genetic investigations have confirmed that wolves and coyotes have interbred elsewhere. In the Northeast, tests have confirmed that gray wolves and coyotes have interbred. However, there is no evidence to date that gray wolves reintroduced to the Rocky Mountain region have hybridized.

Also, wolves are known to kill and consume coyotes and several studies show that coyote populations decrease when wolves become reestablished in the same habitat. Remember, OR7 was documented near coyotes for only a short time. It would be speculation to suggest that OR7 was "hanging out" with them.

Coyotes in the Northeast that have wolf DNA are larger than average coyotes but clearly not as big as wolves. Coyotes on average weigh about 15-30 lbs; wolves 70-100 lbs. Coyotes are about 1.5 feet tall; wolves about 2.5 feet tall. Kovacs believes that a hunter is more likely to mistake a dog or wolf-dog hybrid for a wolf than confuse a wolf-coyote hybrid with a wolf.

Although gray wolves are listed under the federal Endangered Species Act, a wolf-coyote hybrid produced by one of those wolves would not be protected under that law, according to the U.S. Fish and Wildlife Service. Neither is currently listed under California’s endangered species act.

If coyote hunting in California, don’t shoot if you are in doubt of your target. If the animal doesn’t look 100 percent coyote, it’s more likely to be a domestic dog than a wolf or coyote-wolf hybrid. See our webpage for differences between coyotes and wolves. The size difference is pretty dramatic.
For all of the latest information on this lone gray wolf, please visit our website at www.dfg.ca.gov/wildlife/nongame/wolf/.

Q: What are the rules and regulations on the mantis shrimp? I accidentally snagged one with a hook and line and let it go because I knew nothing about it. I didn’t even know what it was until I got home and was able to research it. (Michael H.)

What becomes of unclaimed big game hunting tags?

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: Last year I drew an Area 6 antelope tag. While in camp I was talking with a fellow hunter who told me he drew a tag six years ago. He also told me he had a tag for this year and showed me an antelope he had shot that day. I told him I was surprised at his good luck in drawing so soon. He responded by saying he was just as surprised when he received a telephone call from DFG offering him an unclaimed tag. I am wondering what becomes of unclaimed tags. I heard that years ago there was a standby list for unclaimed tags, but thought that was done away with long ago. (Jim S.)

Answer: Hunters who are drawn for an elk, antelope or sheep hunt must claim and pay for their tags shortly after the drawing. According to DFG Information Systems Analyst Tony Straw, in the big game drawing all non-winning applicants are ranked according to their preference points and the random number they received in the drawing. DFG notifies by mail a small set of the top ranked alternates for each hunt. If a tag is not claimed by the person who is drawn, then the tag will be offered to the first ranked alternate. If the first alternate does not want the tag, then it is offered to the next ranked alternate and so on, until the tag is claimed.

It sounds like the hunter you ran into last year was an alternate for the Zone 6 – Surprise Valley Hunt because one or more winners declined their tags. It is also likely he is mistaken on how long it has been since he was previously drawn. Alternates are selected based on preference points, so an alternate for this hunt would not have received a tag that recently. Rarely does a tag go unclaimed by any of the notified alternates. When this occurs, the tag will be offered to the next ranked alternate (DFG generally calls the customer in this case rather than sending a letter to expedite the process). If that person does not want the tag, this process is repeated until the tag is claimed.

Tags for the most sought-after hunts, such as a bull elk tag or a buck antelope tag are not usually declined. The most desirable hunts generally don’t make it past the first alternate. Cow elk tags are much more likely to go beyond the first alternate. Some hunters may have second thoughts about burning points that took years to earn on a cow elk tag.

Q: We have a flush of feral peacocks in our neighborhood. They are very annoying and dig in our garden. My son says he’s heard they taste like pheasant. Is it lawful to hunt them? What rules would apply? (SE Jones)

Legal to scare Canada geese away on private property?

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 neighbor has lake front property and regularly chases away (or throws sticks and pine cones at) Canada geese during the nesting season. His intent is to keep them off his dock, but he extends his harassment about one-tenth of a mile up the beach on several others private ground and PG&E property. Is this legal? I figure the wildlife came with the property location and should be left alone. Love my neighbor but hate his treatment of our local geese. (Anonymous)

Answer: Your neighbor is within his rights to haze geese from his property. Canada geese are state and federally protected under laws and regulations within the Migratory Bird Treaty Act and California Fish and Game Code. However, within those regulations, non-lethal hazing methods, such as harassment as done by this individual, are allowed to deter Canada geese from privately-owned property where property damage or a nuisance may occur to the landowner.

Resident Canada goose populations have increased considerably since the 1990s in California. In this time, Canada geese have expanded outside their historical nesting range. Due to this increase, conflicts between landowners and resident Canada geese have expanded in many counties in California.

Your neighbor is allowed to scare resident geese away from his property with non-lethal means at any time. The Department of Fish and Game advocates that landowners take proactive non-lethal measures to reduce Canada goose use on impacted private property. Possible suggestions for hazing geese away from properties during the breeding season include landscape modification to make the area less attractive to resident geese (e.g. keep grass short to discourage feeding), use of dogs, visual deterrents such as scarecrows, predator decoys, mylar flagging and balloons, and fencing.  Additionally, waterfowl hunting can be an effective deterrent in problem areas outside the breeding season when state and local regulations allow this activity.

For additional questions regarding how private landowners can best control problem Canada geese, please contact DFG’s Waterfowl Program staff at (916)  445-3763.

Q: Do I need a fishing license when fishing a private lake on a ranch behind a locked gate? There is no public access. The lake is fed by a year round creek that originates on federal land. The fish in it were planted by a private party, but the fish do run up the creek to spawn. Thanks for the clarification. (Ken, Alturas)

Does cooked abalone count toward the daily 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 often go to Fort Bragg with a group of friends to get abalone. On the first day we all make our dives, and then in the evening we have abalone and a fish fry. The abalone is all sliced, pounded and breaded. Some always remains uncooked or cooked and not eaten. We go diving again the next day and get our limits again, and then head home that day or the next. I know I may only possess three abalone in the shells. However, what about the abalone I have left over, including the abalone that has been sliced, pounded and breaded for food? Will I be in violation for being over my limit? Do I need to keep the old shells and tags? (Terri L., Nipomo)

Answer: The law states: No more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean named may be taken or possessed by any one person unless otherwise authorized; regardless of whether they are fresh, frozen, or otherwise preserved (California Code of Regulations Title 14, Section 1.17). 

According to Department of Fish and Game Lt. Dennis McKiver, even if you have leftover abalone that is pounded, breaded and cooked, it still remains part of your abalone limit until you either eat it or give it away. If you have a partial abalone left over after your first day’s dinner, you would only be allowed to get two abalone the next day. Otherwise you would be over your possession limit. If you have three tagged abalone in their shells and one partial abalone pounded and breaded and you are headed home, you would not only be in violation of being in possession of an over limit, but you would also be in violation of transporting an abalone that has been removed from the shell.

In the future, make sure you eat all of your prepared abalone or else give it away before you get another full limit or head home.

Q: I want to keep a pet dwarf caiman and was wondering how I can get a permit to do so. I know a lot about them and how to handle them properly based on what I’ve learned from other gator experts and gator farm workers. I have done a lot of research myself and know to never release a caiman into the wild. (Ian L.)

What new abalone regulations go into effect this year?

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: What are the new abalone regulations that will go into effect this year?

Answer: When the abalone harvest season opens on April 1, the following  new abalone regulations are going into effect:

1) The Fort Ross area will be closed for the first two months so abalone in this area may be taken only during the months of June, August, September, October and November (CCR Title 14, section 29.15(b)(1)). A map showing the abalone closure area around Fort Ross can be found at http://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=42101&inline=true

2) Individuals taking abalone shall maintain separate possession of their abalone. Abalone may not be commingled in a float tube, dive board, dive bag, or any other container or device, until properly tagged. Only after abalones are properly tagged (as described in CCR Title 14, section 29.16 (b)), may they be commingled with other abalone taken by another person (CCR Title 14, section 29.15(g)(1)).

Q: I have a friend who lost some livestock to either coyotes or a mountain lion. He wants to protect the rest of his animals and was advised to contact the local government trapper. How can a person become a licensed trapper authorized to track down and remove these problem predatory animals?