Pete Thomas Outdoors

Is it legal to dive for scallops at night?

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 dive for scallops at night? I have found in the regulations where it says that clams may not be taken at night but I cannot find regulations that apply to scallops. Can you help? (George B., Newport Beach)

Answer: Yes, you may dive for scallops at night. The restriction on digging for clams at night does not apply in this situation. The regulations you are looking for are covered under the General Invertebrate provisions in the California Code of Regulations, Title 14, section 29.05, which states in part, "Except as otherwise provided in this article there are no closed hours for any invertebrate."

Q: I am a license agent and last year just two days before the waterfowl season opened, a longtime customer of 25 years came into my store to purchase his license. He had experienced a fire in his home the previous summer and had lost some possessions, including his hunting license evidence. I explained that DFG doesn’t accept declarations any more, and I couldn’t sell him a license. I know he had taken the hunter safety course in the past, and hunted since he was a teenager. What would have been the best course of action for the hunter and a license agent in this situation? What can other longtime experienced hunters do if they find themselves in a similar unfortunate situation? When will DFG accept declarations again? (Kevin Jeffs, Jeffs Sporting Goods, San Gabriel)

A: It is unlikely that declarations will be accepted again. However, according to DFG Sport Fishing/Waterfowl/Upland Game Program Analyst Glenn Underwood, there may be something we can do for hunters in this situation. If he applied for waterfowl or big game drawings in the past, we may have his information in our drawing database. The hunter should contact DFG’s License and Revenue Branch at (916) 928-5805 and explain what happened. If they can find proof that he had a hunting license in the past, they can update his hunter education status in the database and he will be able to again purchase a hunting license.

Q: My uncle recently passed away and left me in charge of his estate. One of the items he left is a full size Cheetah/ Leopard taxidermy. Is it legal for me to sell it? If not what do you recommend that I do with it? (Michael C., Modesto)

Legal to take antlers attached to a skull found on public land?

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 hiking on public land and came across a dead elk carcass that had been there a while and still had a huge rack attached to the skull. I know it’s legal to pick up shed antlers, but what about if they are still attached to the skull of an old elk carcass? Would it be legal for me to take the antlers? (Matt, Hollister)

Answer:  There is no provision in the Fish and Game Code prohibiting someone from picking up a set of antlers attached to a skull and carcass found on public land. However, this would likely appear suspicious to a game warden. Anyone who chooses to do so should be aware that pursuant to Fish and Game Code, section 2000, possession of any part of a fish or mammal in or on the fields, forests or waters of this state while returning therefrom with fishing or hunting equipment is prima facie evidence the possessor took that fish or mammal.

Q: Can sport fishermen who are fishing crab traps and/or hoop nets use winches to assist in pulling the gear?

A: There are no regulations prohibiting the use of manual winches by sportfishers to assist in pulling crab traps or hoop nets. Use of power-driven winches is prohibited north of Point Arguello, but there is an exception for handling crab traps or nets (see CCR Title 14, section 28.70.)

Q: If my junior hunter is only 11 years old right now but his birthday is before opening day of the junior deer tag, may he apply for it now even though he is 11? He will be 12 on the day of the hunt? (Shawn R.)

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)

Mandatory to relinquish salmon heads to surveyors at docks?

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 wondering if it’s mandatory to have to give up my salmon heads when the volunteer fish checkers come around to measure my fish? I thought it was my choice. (Gary B.)

Answer: Yes, it’s mandatory. The surveyors at the dock collecting heads are not volunteers but are paid, trained and educated biologists, and anglers in possession of a salmon with a clipped adipose fin are required to relinquish the head to these Department of Fish and Game employees (Fish and Game Code, section 8226).

Section 8226 reads: "(a) … any person in possession of a salmon with a missing adipose fin, the small, fleshy fin on the back of the fish between the back fin and the tail, upon request by an authorized agent or employee of the department, shall immediately relinquish the head of the salmon to the state, at no charge, for recovery of any coded-wire tag. The head may be removed by the fish owner or, if removed by the official department representative, the head shall be removed in a manner to minimize loss of salmon flesh and the salmon shall immediately be returned to the rightful owner. (b) It is unlawful to intentionally conceal, cull or release into the waters a salmon with a missing adipose fin that it is otherwise legal to possess."

Q: My daughter has a red-shouldered hawk that frequents her deck in San Rafael. The hawk seems to enjoy scanning from the railing for critters it might like to eat. This bird appears to have a silver tag on its right leg just above the claw but I can’t read the writing. I was wondering if DFG or any agencies that you know of have a tagging program for hawks? (Ken M., Oakland)

Mountain lions in areas close to humans a cause for concern?

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 read in the newspaper that another mountain lion was sighted on the American River trail. Isn’t it just a matter of time before this mountain lion attacks a human just as what happened in Auburn a few years back? Why can’t DFG be offensive instead of defensive? Why not be proactive and not wait for the attack to happen? Get this cat captured and remove it to a wilderness area to fend for itself in the wild. (Bill Moore, El Dorado Hills)

Answer: Your question relays a deep concern for local residents’ well-being, and DFG shares your concern.

To directly answer your question about taking proactive steps, DFG’s Statewide Bear, Mountain Lion and Wild Pig Programs Coordinator Marc Kenyon explains that the department is bound by existing laws. In 1990, California voters passed Proposition 117, an initiative that made it illegal to kill mountain lions except to prevent livestock losses or ensure public safety.

DFG does not consider mountain lion sightings near human habitation a public safety concern as long as the lion is not exhibiting aggressive behavior towards people. Mountain lions occur most anywhere you can find their primary prey, which is deer. As you likely know, deer not only live in remote forests, but also in green belts, parkways and riparian corridors along rivers. As such, mountain lion sightings in these areas are not uncommon, and DFG receives numerous reports of lions in these settings every month. Mountain lions are considered beneficial in these settings as they maintain healthy deer herds by keeping their populations in check.

Legal to keep female lingcod or should anglers release them?

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 before the end of rockfish season, I went on a charter boat out of Berkeley. Some of the lingcod caught were females with eggs. When do lingcod spawn and can keeping these females hurt the fishery in the future? Should we as anglers release females like we do for striped bass? I’m glad to see the size limit dropped and the season longer, but I don’t want to be back to where we were before. (Jason Green)

Answer: Lingcod and other groundfish are federally managed. Harvest management plans and stock assessments take into account the removal of both males and females when setting quotas, so fishery managers do factor in the take of females, too.

According to Department of Fish and Game Environmental Biologist Travis Tanaka, the lingcod stock has fully recovered from their overfished status and so the spawning closure is no longer required to protect the stocks. Lingcod don’t get the bends (no swim bladder), so females can be released if handled properly.

In northern and central California, the primary reason for the current closed seasons for lingcod in late fall, winter and spring for boat-based anglers, and from December through March for shore-based anglers, is to protect mature females that have moved inshore to spawn and to protect the mature males that guard the egg nests.

Lingcod are a species that if handled properly can often be successfully caught and released. However, unless regulations prohibit keeping the fish (e.g. bag and minimum size limits) or the angler is releasing all fish, if it turns out the fish has been improperly handled or is bleeding and may not survive, the fish should be kept. Releasing bleeding females that may not survive in order to keep males instead just wastes fish and is not a good conservation method.

Lingcod generally spawn from November through February. Females do take longer to mature and they grow to a larger size than males. By some estimates, males only grow to 24-26 inches. Females are legal to keep, so keeping an egg-laden female would be up to that fisherman’s personal ethics. In addition, the practice of divers choosing to shoot male lingcod while they are guarding the egg beds is not prohibited, but it is a reflection of that fisherman’s ethics.

Bottom line … female lingcod are legal to take and so it’s up to the fisherman to decide whether or not they want to.

Q: Who can I talk to about planting wild turkeys on private property? I am not sure if it is legal to plant turkeys. If it is legal, do I need a permit? And if so, how do I get one? (Steve H.)

Dog-training with farm-raised game birds?

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 a 16-month-old Brittany pup that I’m training for upland game. I would like to continue to train him until it starts to get too hot. I want to buy chukars and pheasants from a breeder, then release and take them on private property. What steps do I need to do to stay legal?  (Paul)

Answer: There is no longer a dog training permit requirement. Dog training is authorized so long as no wild birds are captured, injured or killed (California Code of Regulations Title 14, section 677). Since you won’t be doing this as part of an organized field trial or hunt test, you are not required to notify Department of Fish and Game or mark the birds. However, your dog would only be allowed to take birds on the day they are released and you are required to buy the birds from a licensed, domesticated game breeder. To avoid any confusion, you should retain your receipts or other paperwork showing you purchased the birds from a domestic game breeder.

Q: Is it true that traps cannot be used in Humboldt Bay or the mouth of the Eel River? Both areas are popular for crabbing and I’ve never heard of anybody getting cited for using traps or rings. Thanks. (Bryan S.)

A: You are correct. Traps are not allowed in any inland waters, but are allowed in the Ocean and San Francisco Bay District (as defined by CCR Title 14, section 27.00). This regulation includes "the waters of open or enclosed bays continuous to the ocean" in its definition of waters within the Ocean and San Francisco Bay District. Humboldt Bay is an "enclosed bay continuous to the ocean," so crab traps are allowed in Humboldt Bay. The mouth of the Eel River does not have an open or enclosed bay that I know of. It’s more of a tidewater lagoon, so it would fall under the definition of inland water (in CCR Title 14, section 1.53) and traps would not be allowed. This regulation defines inland waters as "all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams."

Q: My question is about the bag limit and possession limit of fish. Can one person carry more than just their own fish? Other friends say it is fine as long as the licensed people are accounted for, even if they are on the same line. If we have a bag limit of five fish and possession limit of 10, would sharing a stringer with a friend count toward my bag and/or possession limit? Would a stringer of fish in the water be different from having a bucket or cooler of fish instead? Other friends have said the fish must be in a cooler or the car for it to not count toward your bag limit but it will still count towards your possession limit. (Toua X.)

Is it legal to have a raccoon as a house pet in California?

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 have a raccoon living in the house? I have seen a raccoon in my friend’s tree during the daytime (which is unusual) and they told me it belongs to their neighbor. My friend has a lot of grandchildren running around outside and so I worry this is a health issue. I am not sure if they have a special permit for this little creature. Should a game warden come out to check on the situation? (Debra M.)

Answer: It is not only illegal to keep raccoons (or any wildlife) as pets or in captivity, but it also may be dangerous. Wild animals such as raccoons can become very aggressive and dangerous to both humans and pets as they mature. In addition, they can carry diseases and parasites that can present health risks to humans. Wildlife need to be kept wild for their safety and well-being, as well as ours. Only people who are permitted by DFG (for example, licensed wildlife rehabilitators or exhibitors) may keep wildlife in captivity. To report this situation, please contact our CalTIP line at 1-888-334-2258.

Q: Can full Alabama rigs be legally fished in ocean waters? (Zack P., Santa Barbara)

A: Alabama rigs have been all the rage, as well as very controversial, in the bass fishing circuits this year. While in freshwater lakes and Delta waters the Alabama rig must be modified (only three hooks total allowed rather than the standard five), in ocean waters no modifications are required. However, if fishing for salmon or rockfish or if salmon or rockfish are in possession, the angler would be limited to only two hooks.

Q: What are the rules for shooting from or off side-by-side carts on private property? Legal or not legal? (Ric)

How to remove or reduce nuisance birds on a golf course?

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 am a golf course superintendent on a municipal course located within the city of Pacific Grove. The front nine of our course is located within the neighborhoods of the city, but the back nine is located within sand dunes along the Pacific Ocean and the Monterey Bay. On the back nine we have a fresh water pond, and this year we have been inundated by coots. We easily have between 300 and 400 birds this year, up from about 30 to 40 last year. These coots are a terrible nuisance and they make a mess of the greens and the fairways, making it difficult for golfers to play some of the holes on our course. How we can either remove the birds or reduce their population using deterrents or through other means? (Daniel G., Pacific Grove)

Answer: Many courses in this area seem to be having the same problem. Coots are considered migratory birds and as such are regulated by the U.S. Fish and Wildlife Service under the Migratory Bird Treaty Act. A permit from the FWS may be required for removal of coots. Additional information can be found on their website.

According to DFG Environmental Scientist Jeff Cann, who oversees Monterey County, many courses in this area use trained dogs to haze waterfowl off the greens. Hazing coots is a legal activity but it is recommended that folks contact the professionals at the U.S. Department of Agriculture Animal and Plant Health Inspection Service for information. APHIS has extensive experience with hazing and removal of nuisance wildlife, such as coots.

Coot populations in our area fluctuate as new birds migrate through in fall and winter, and others leave the area. You can try applying mylar reflective tape streamers on poles in areas the coots use to scare them off, but the birds usually get used to this. In addition, these might be distracting to golfers.

Licensed hunters can harvest coots during the waterfowl hunting season, but discharging a firearm on the golf course is probably not legal in your area. Check with your local sheriff or police department to find out. Courses in more rural areas can employ this method of control and hazing.
Some airports use sonic devices with some success to repel a variety of types of birds. I am not aware of focused studies on using them to repel coots, however.

You can try contacting the USDA Wildlife Services offices for information on dealing with nuisance waterfowl or check with the FWS permitting office for additional assistance.

Bottom line, not much will help repel the coots as long as there is food (grass on the course) and water available for them to drink and relax on.

Q: We have about two dozen turkeys that are running around our local streets? If I use an air gun, can I legally kill (and eat) a turkey within the San Pablo/Richmond city limits? (Bob C.)

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.)