Pete Thomas Outdoors

Legal for minors to carry firearms while hunting?

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: An issue has come up regarding minors in possession of a firearm, and so we would appreciate some clarification. The question is in regard to teenage hunters who hunt on an adult license (16 years and older) but are still considered minors (less than 18 years). This seems to be a "gray zone" because these teens can drive to shoot or hunt, have a license to hunt with a firearm, but still need parental presence or written permission. Here is the question:

Can a minor (someone less than 18 years old, but holding an adult California hunting license for individuals 16 years or older) be in possession of a firearm and ammunition for that firearm, without the presence of an adult supervisor OR written permission of an adult on their person? (James S.)

Answer: Nothing in the Fish and Game Code or its implementing regulations prohibits a juvenile who has passed a hunter education class and obtained the appropriate license or tag from carrying a gun while hunting. There are specific prohibitions and restrictions regarding the transfer or sale of guns to minors within the Penal Code, but Penal Code section 27505 provides specific exemptions that allow for minors to possess firearms for lawful purposes, such as hunting.

For more information, please contact the California Bureau of Firearms at http://ag.ca.gov/firearms/faq.php just to make certain.

Q: I’m an avid free diver and spear fisherman, as well as a frequent clammer. While diving for Dungeness crab recently, I noticed a number of enormous clam siphons in the silty mud bottom in 4-8 feet of water. Having previously dug for horseneck clams (Tresus capax) on a number of occasions, it was clear to me that these were horseneck siphons, or "shows". These clams are all well below the low tide line and would thus be impossible to dig in the traditional way. Would it be legal for me to harvest these clams using a homemade PVC "clam gun" to excavate the mud in which they are encased? Looking at the regulations pertaining to horseneck clams, underwater harvest is neither specifically permitted nor forbidden. (Carter J.)

What are the regulations regarding offshore skeet shooting?

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: In Southern California we have taken large boats offshore on the open ocean to shoot clay pigeons with shotguns. We call this "Skeet Fleet." We use steel shot and do not shoot auto loaders such that we can maintain control of the shells and not have the casings land in the water. I guess the first question is what are the regulations regarding this activity and is there a distance that we need to be offshore? I now live in northern California and am interested in doing the same. Would there be an option of doing the same around Grizzly Island or on San Francisco or Suisun Bay? (Anonymous)

Answer: Target shooting in the ocean is not addressed in the Fish and Game Code, but littering in waters of the state is. Therefore, the throwing of the clay birds, which are coated in paint for visibility, into the water may be an issue.

"It is unlawful to deposit, permit to pass into, or place where it can pass into the waters of the state, or to abandon, dispose of, or throw away, within 150 feet of the high water mark of the waters of the state, any cans, bottles, garbage, motor vehicle or parts thereof, rubbish, litter, refuse, waste, debris, or the viscera or carcass of any dead mammal, or the carcass of any dead bird" (FGC, section 5652).

Depending on the location, there may also be local, state and federal laws prohibiting the discharge of firearms.

Q: I have heard wild boar numbers are often at excessive levels and that they can be hunted and sold. I am looking to purchase some wild boar meat. I know there are different hunting seasons for them and the quantity varies throughout the year. What is the regulation on selling wild boar and are there any people/businesses in the area that are licensed to do so? (Tara S., Carmel)

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.)

Are mothbaths effective to repel bears from campsites?

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: A few years ago I got a bright (?) idea to minimize the possibility that bears might raid my food supply when I go camping in national forests. In addition to storing food in ice chests in my van with a tarp over them to disguise their presence, I sprinkled 10 or so mothballs in the van, thinking the mothball odor would be strong enough to block food odors that leaked from the coolers. Is this effective, or just a waste of time and mothballs? (Hal M.)

Answer: Mothballs have been tried before with limited success. They may even be counterproductive. According to Department of Fish and Game Bear, Mountain Lion and Wild Pig Program Coordinator Marc Kenyon, mothballs are generally made out of a neurotoxic chemical (1,4-dichlorobenzene (PDB)), which if ingested can cause serious health issues for humans and wildlife. Due to bears’ highly developed sense of smell, they find the pungent odor of mothballs unique, which actually piques their interest. Placing mothballs in or around your camp (or vehicle) may attract bears to your location, thus increasing the chance of bears raiding your food cache.

There are better and safer options for protecting our bears and your food. You can use food storage lockers if they are available at your campsite to store food and trash, or use bear-resistant food storage canisters if you are backpacking. If no other options exist, store food and trash securely out of sight in your vehicle.

Remember, waking up in the morning and not having breakfast because a bear ate all your food is a good way to ruin an otherwise enjoyable camping trip. Proper storage of food and trash can help prevent a negative bear encounter from happening.

Q: I know that fishing from a public pier or first seaward public jetty/seawall doesn’t require a state fishing license. Does this also apply if a diver is spearfishing or collecting shellfish along such a jetty? (Jonathan)

Legal to catch and sell California's wild snakes?

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 11-year-old son is interested in catching snakes to make some money for the summer. Are there any requirements? I am wondering about the regulations, permits and licenses needed to catch or sell wild snakes in California. I have read and believe I understand all of the regulations pertaining to this but I want to be sure.  Please verify:

I must have a standard resident fishing license and can catch them by hand or with a snake hook, snake tongs or a lizard noose. I am allowed four gopher snakes (Pituophis melanoleucus) and four common kingsnakes (Lampropeltis getula). In most other cases, I am permitted to catch and possess two snakes of other species unless otherwise posted.

I understand that I can catch these at any time, day or night, and at any time of year. I also understand that I can kill rattlesnakes at any time of year, with or without a license, in any manner.
I also understand that if I purchase a Native Reptile Captive Propagation Permit I would be authorized to, for commercial purposes or non-commercial purposes, sell, possess, transport, import, export or propagate native reptiles.

If my son or I caught a gopher snake by hand in a national forest, could I legally hold it for three days in a home terrarium and then sell it to a pet store? Is there anything wrong with this? Are there other permits or licenses not mentioned but that I am responsible for?

Where can I find the details and what all is entailed in purchasing a Native Reptile Captive Propagation Permit?  How do I know I am obeying all the rules? (Brett)

Answer: No reptiles taken under the authority of a sport fishing license may be sold. Only the offspring of rosy boas, California king snakes and gopher snakes can be sold under a Native Reptile Captive Propagation permit.

A person with a Biological Supply House permit may collect a variety of species, but can only sell to science or educational institutions.

According to Department of Fish and Game Capt. Phil Nelms, any person under the age of 16 may take and possess their own limit of the reptiles and amphibian species listed in the Fresh Water Sport Fishing Regulations, but they may not sell them. They are not required to obtain a Sport Fishing License.

Reptiles taken from the wild and held or hatched in captivity may not be returned to the wild.
For more information regarding the requirements, fees and application process for obtaining a Native Reptile Captive Propagation Permit, please go to www.dfg.ca.gov/licensing/specialpermits/.

Q: I cannot find anything in the ocean regulations pertaining to net casting. Is it legal to use a net to catch bait fish between Morro Bay and Pismo Beach? (Dewey S.)

Recommended procedures to avoid disease from wild rabbits?

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’d like to try some cottontail rabbit hunting but hear they may carry some kind of disease. Is this true? If so, is this anything to be concerned about and what precautions should I take? (Jeff J., Stockton)

Answer: You may be referring to "tularemia," a bacterial disease that wild rabbits occasionally carry. To be safe, hunters should take precautions by wearing latex gloves when field dressing their rabbits to minimize exposure to the disease. Be sure to properly cool the animal after field dressing it, and to always cook it thoroughly. Tularemia is named after the place where it was discovered – Tulare.

Q: Is there a limit to the number of crab traps a person can fish from a private boat? Is it unlimited? (Craig B.)

A: When fishing from a private boat, there are no limits on the numbers of traps a person can fish. Keep in mind though that you will also have to be able to manage and service each trap you deploy. And if fishing for Dungeness crabs, each person may only keep 10 crabs. On a good day you might get that many crabs in one trap. You’d still need to check all of the other traps regularly.

Q: I know that DFG has regulations that make it illegal to waste game fish and other resources. Knowing that, since carp are considered in most waters to be an invasive species, does this regulation also pertain to the take of carp? Would it be illegal or against DFG regulations to simply dispose of a carp, say at a fish cleaning station? I’ve heard debate on this one and I would like to clear it up. (Dale S.)

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)

How does the California DFG count points on deer antlers?

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: How does the Department of Fish and Game determine the antler count on each side? Do the eye guards count? I would like to know also about your website on the "bucks taken" point count and totals. I have not seen the count for "forked" bucks? I do see the count for taken bucks as "TWO" point? Aren’t the two point bucks "spike" bucks? Aren’t spike bucks illegal to take? (Daniel C.)

Answer: I think you may be confusing the methods used in the East to count antlers on whitetails with the way we assess mule deer antlers here in the West. Minimum antler counts are to ensure the animal is old enough to be harvested. Additional counts help give an idea of relative age and body condition. Fish and Game laws in California count only the points on one side, and eye guards are not included. A "spike" needs only a one-point antler on at least one side, but it could be on both sides and still be a spike. A "forked horn" has at least one branch on one side on the upper two-thirds of the antler, but both could be branched. For example, 1 x 2 or 2 x 2 are both correctly "forked" horn and not a 3-pt or 4-pt and so forth. A 2 x 3 buck is a 3-pt and not a 5 pt and so forth.

For a complete description of how California defines antler count and antlerless deer, please go to section 351 in the 2011-12 Mammal Hunting Regulations available online at www.dfg.ca.gov/regulations/.

Q: I live in a mobile home park in a rural community in San Diego County. We are being told we cannot feed the wild Canada geese around our community lake because the managers are very mad at the geese for the droppings.

Is it legal to feed the geese actual goose food (e.g. a source of food that is put together for them and purchased from a feed store)? If not, can a person be fined for doing so? Are these geese endangered or a protected species? What are the regulations? (Phillip L.)

A: No, it is not legal to feed the geese. California Code of Regulations Title 14, section 251.1 prohibits the "harassment" of wildlife, which can in some circumstances include feeding. Harass is defined as "an intentional act which disrupts an animal’s normal behavior patterns, which includes, but is not limited to, breeding, feeding or sheltering."

Q: My name is Austin. I am eight years old and I love to learn and study ocean animals. I want to have a salt water tank and am doing research before I get one. I wanted to find out if you are allowed to get a fish from the ocean and keep it as a pet. Like a lionfish or Mandarin fish. If you could answer my question I would like that. I don’t plan on doing this, I am just wondering if you can. (Austin Holtz)

Can party boat anglers catch boat limits as well as crew limits?

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: A Southern California fishing website posted about an angler catching three white sea bass, and there’s a photograph clearly showing the angler in possession of three white sea bass. The story goes on to say the angler gave two away to other fishermen. Since the limit on this particular species is one, I am wondering if the angler is in violation. The captain of the boat said the angler’s catch was legal because, he said, after limits have been reached by the passengers, it is permissible for them to keep fishing and catch the crews’ limit of fish. Is this true? (Curtis F.)

Answer: If the angler was fishing on a commercial passenger fishing vessel, or party boat, and she gave the fish to other anglers who had not filled their limits prior to exiting the boat, she was not in violation. Regarding the crew’s limit, the captain was wrong. Passengers cannot legally catch fish under the limits allowed for the captain and crew. The captain and crew must keep their fish separate from fish caught by passengers.

The regulation on this reads: "The vessel operator(s) and crew members are not passengers and may not take fish towards obtaining boat limits for passengers except for casting, setting trolling gear, gaffing or netting fish, but may take fish during a fishing trip for their personal use only. Vessel operator(s) and crew members may assist passengers in other activities including, but not limited to, obtaining bait, chumming, baiting and untangling hooks and lines, identifying, dispatching, filleting, counting, bagging and otherwise handling fish taken by passengers. Upon completion of a fishing trip, the vessel operator(s) and crew members may only possess fish that are part of their own personal bag limit not to exceed authorized sport fishing daily bag and possession limits." (California Code of Regulations Title 14, section 195 (e)(1).

Q: I am a new deer hunter and am trying to make sure I am doing things correctly. What are the regulations for trail cameras and tree stands on BLM and National Forest lands? As far as big game go, I only archery hunt. I have never bagged anything so was just making sure I don’t do anything wrong. Also, what about the climbing spikes or ladders for tree stands? (Anonymous)