Pete Thomas Outdoors

Can padlocks be used on crab traps to discourage theft?

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: Isn’t it illegal for someone other than the owner of a sport crab trap to pull, move or tamper with the trap and then take the crabs from inside? What about taking someone else’s traps and buoys or cutting off the attached rope? A lot of crab thefts have been going on along the California Central Coast this year and so I have resorted to using padlocks on my trap doors to discourage the theft of the crabs inside. Is there an issue with this? (Mike W.)

Answer: It is illegal to disturb, move or damage any trap, or remove any saltwater crustacean from a trap, that belongs to another person without having written permission in possession from the owner of the trap (California Code of Regulations Title 14, section 29.80 (a)(3) and Fish and Game Code, section 9002(a)).

Regarding the use of padlocks to secure your trap doors and discourage theft, there is no law against it but it is not advised. Unlike commercial crab traps, sport traps are not required to contain a destruct device to allow the crabs to escape in the event the trap is lost. Without this device, a lost trap will remain closed and continue fishing/killing crabs for many years to come.

From an ethical standpoint to ensure this doesn’t happen, we suggest using a closing mechanism that will eventually disintegrate and allow any trapped crabs to escape. One suggestion is to tie the lid shut with a single strand of untreated cotton twine size No. 120 or less. If you want to keep using padlocks, another option is one that commercial crabbers use. You can cut away part of the wire mesh for the trap, and then weave cotton twine in the hole large enough for the crabs to escape (for commercial traps the opening has to be five inches in diameter). This way you can still secure the trap, and if your trap is lost it will not continue fishing/killing crabs for years. It will also allow you to remove crabs should your padlock get rusted shut.

If you suspect someone is illegally disturbing your traps, be sure to report this to your local warden or through CalTIP at 1-800-334-2258.

Q: The current waterfowl season regulations show a special speck and snow goose season from Feb. 18-22 for the Balance of the State. Do people like me who belong to a duck club located in the speck closed zone (usually after Dec. 15) get to hunt specks into February? (Andre)

Why are there shot shell limits in refuges and wildlife areas?

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: During the four duck limit era, the 25 shot shell limit in refuges and wildlife areas made sense. However, now that the limit is seven ducks, and in some cases the goose count can be six, why aren’t we allowed to carry more shells into the field? Inevitably, that limitation leads to one of us doing the "walk of shame" back to the truck to retrieve another 25 shells for a full day of hunting in a blind. That is not the most fun task given some of the walks at refuges like Little Dry Creek can be more than a mile in one direction. (Russ L.)

Answer: This is a rule that applies to many National Wildlife Refuges and Wildlife Areas in the state. It was put into place to increase effective shooting by waterfowl hunters on public hunting areas, thus ensuring a more enjoyable hunting experience for all hunters on the area. By limiting the amount of ammo a hunter can carry into the field, the goal is to reduce possible unsportsmanlike behavior (e.g. excessive and/or less discriminating shooting) which will improve the hunting experience.

According to Department of Fish and Game Waterfowl Biologist Shaun Oldenburger, Los Banos Wildlife Area established the first shotgun waterfowl shell restrictions in 1977 with a limit of 50 shells per day. In 1978, this regulation was expanded to Kern NWR (25 shells) and in 1979 expanded to nearly all San Joaquin Valley National Wildlife Refuges and Wildlife Areas (25 shells). Grizzly Island was included in 1980. By 1985, shell restrictions expanded to all Sacramento and San Joaquin Valley National Wildlife Refuges and Wildlife Areas, and in 1986 San Jacinto was included.

In 1979, when the 25 shotgun shell restrictions were first established in the San Joaquin Valley, the waterfowl season length was 93 days with a seven bird bag. By 1988, waterfowl populations had declined and so the season was reduced to 59 days and four duck bag limits. Still, the primary purpose of the 25 shotgun shell restrictions is to increase both the hunting experience and improve overall shot selection by waterfowl hunters. Daily bag limits will not dictate these restrictions, since removing them may increase the unsportsmanlike behaviors that caused their introduction to begin with.

Fortunately, waterfowl populations in California are currently healthy and so a more liberal bag limit is now in place. Hopefully, with this combination of healthy waterfowl populations and the 25 shotgun shell restrictions in place within the National Wildlife Refuges and Wildlife Areas throughout the state, hunters are enjoying their hunting experiences now and will continue to do so well into the future!

Q: Is it legal to use SCUBA equipment to catch Dungeness crabs? (David B.)

Bag limits for waters that have special regulations for trout?

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 bag limits for waters that have special regulations for trout? In some cases, specifically the middle fork of the Stanislaus River, the river is broken down into sections. For example, from the Beardsley Dam down to the Spring Gap Bridge there are certain restrictions and the bag limit is two fish of at least 14 inches. From the same bridge down to New Melones Lake there are no special restrictions and the bag limit is two fish.

If you fish on one side of the bridge following the special restrictions (only artificial lures and barbless hooks) and you keep two fish that are at least 14 inches, can you also be in possession of two fish from the other side of the bridge that allows any type of bait and hook? Meaning you would be in possession of four fish because they were caught essentially under the bag limit of the two different bodies of water based on the regulations. Also, how would you be able to prove to a game warden if they ask about the additional two fish that you caught up river beyond the bridge? (Larry G.)

Answer: You may not exceed the daily bag or possession limit for the location where you are currently fishing, regardless of where you caught the fish. In your example, the daily bag limit is two fish, and you cannot exceed that limit on the same day even if you fish multiple segments of the river.

For an alphabetical list of waters with special fishing regulations, see California Code of Regulations Title 14, section 7.50. In the current California Freshwater Sport Fishing Regulations booklet, they can be found beginning on page 30.

Q: I was told recently by my gunsmith that it’s illegal to use a double gun -- a rifle/shotgun combo, like the Savage Model 24 -- when hunting birds in California. Do you have any knowledge of this or any idea of who to ask? (Dave and Jim M.)

Is it legal to keep my limit plus my friend’s fish?

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 buddies and I fish for rockfish out of Pillar Point Harbor and are very careful about following the rules. We usually return with legal limits. However, on occasion one or more of my fishing friends decides not to take their entire catch home. When that happens I might leave the marina parking lot with my 10 fish as well as additional fish caught by other licensed fishers. I’m thinking that since we caught them legally and returned to the dock legally, we are ok. Am I right? (Bill L., Half Moon Bay)

Answer: No. You cannot ever be in possession of more than the possession limit, even if the extra fish came from another angler who caught them legally. Your buddy may only give away fish to someone who does not already have a limit in their possession. If you have your limit and then take additional fish from another angler, you may be cited for having an overlimit regardless of who gave them to you.

Q: A friend shot a wild pig and while skinning it he saw worms in the armpits and groin area. He cut out and discarded the surrounding meat, processed and ate the rest. Is this a seasonal problem? Was this meat safe to eat? If one gets an infected pig, how should one dispose of the bad meat or entire carcass? Bury it (how deep)? Burn it? Toss into the trash can within tightly sealed plastic bags? (Ray, Arbuckle)

What's the history of the Tejon Ranch elk?

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 live in Stallion Springs, a rural community about 15 miles west of Tehachapi, and we have bands of elk that roam in the neighborhood. They move freely between the adjoining huge Tejon Ranch and the neighboring Bear Valley Springs community. I have been told by a born-and-raised Tehachapi native that the elk escaped in the early 1970s from a high fence operation located in the nearby Cummings Valley. Are they Rocky Mountain Elk or the Roosevelt subspecies? How does the Tejon Ranch conduct hunts for these elk when we never see anything in the hunting regulations about this? And, since their rutting season usually runs from late October into November in other areas, why do these animals go into the rut from the end of August to the very beginning of October? Furthermore, deer hunt zone D10 is all on private land and that zone is open to draw. Thanks for any light you can shed on these questions. (Ron A., Stallion Springs)

Answer: In 1966, the Department of Fish and Game issued a permit for the release of 300 Rocky Mountain Elk imported from Yellowstone National Park into a fenced compound on a game farm ranch in southern Kern County. By 1967, 290 elk had been shipped from Yellowstone, but due to the stress of transport and possibly other causes, only 277 survived to be released inside the ranch enclosure. Many elk died within the enclosure from several diseases brought on by stress induced by confinement, as well as a new and different diet. Later that year elk began escaping because of the lack of fence maintenance. It is not known exactly how many animals escaped to the wild (California Fish and Game, 61(4):239-241. 1975).

According to DFG’s Elk and Pronghorn coordinator, Joe Hobbs, approximately 200 animals currently reside in this area in an around the Tejon Ranch. Elk game farming is no longer allowed in California. The Tejon Ranch runs their elk hunting through the DFG’s Private Lands Management Program. In exchange for conducting habitat improvement projects on their land that benefit wildlife, landowners can receive special PLM elk tags each year. The numbers and types of tags correspond to the population level of elk and the current conditions on the ranch. Elk in this area may have an earlier rutting season due to the warmer weather in Southern California.

Q: I just bought two crabs and found one with black spots on the outside shell. I’ve seen these before and usually avoid them, but this time the seller sneaked it into my package. When I called him about it, he said he didn’t know what it is, but it doesn’t permeate the shell. This isn’t true—I’ve seen this stuff on the flesh at the joints. It looks like oil. Can you enlighten me? Besides being ugly, is it unsafe? (Mari V., Berkeley)

Can 'Alabama Rig' be used for freshwater fishing 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: A recent innovation on the pro bass-fishing trail is something called the "Alabama Rig" which is similar to what is called an "Umbrella Rig" by saltwater anglers. The Alabama Rig consists of five or six lures [usually plastic grubs or small swimbaits] radiating from a central attachment point by wires, imitating a school of baitfish. It looks very similar to a "mobile" that you might suspend above a baby’s crib. Since all the lures have hooks in them, would this rig be legal for inland/freshwater fishing in California for bass or other species? (Steve C., Chico)

Answer: With the amount of money available through tournament fishing these days, anglers are constantly looking for the next big thing to help them catch more and bigger bass. We have received a lot of questions recently regarding the "Alabama Rig" and whether they are legal to use in California. Unfortunately, regulations in California differ from those in Alabama and this type of fishing tackle is not legal.

According to competitive bass angler and Department of Fish and Game game warden Tim Little, the traditional "Alabama Rig" (see photo at right) is not legal to use because it contains five separate lures each with a hook. California law allows for a maximum of three lures to be used on an individual line (whether the lure has a single hook as shown in your photograph or uses three hooks as allowed by law.)

In California, "all fish may be taken only by angling with one closely attended rod and line or one hand line with not more than three hooks nor more than three artificial lures (each lure may have three hooks attached) attached thereto" (California Code of Regulations, section 2.00).

To legally use the Alabama Rig in California inland waters, the rig must be attached to one rod with one line and no more than three of the attached lures containing hooks. Those lures containing hooks may have no more than three hooks attached to each lure. The other two could have hookless teasers. Some people locally have even developed a modified three wire rig (now called a Cali-rig), which is legal.

Q: I live in Southern California and maintain private fish tanks for my clients. I have a client that has a 5,000-gallon shark tank with a black tip reef shark. After hearing about other Requiem Sharks being seized (CCR Title 14, section 671 (c)(6)(A)), my client would like to know what he can do to have permits or if this shark has been grandfathered in as he bought the shark in 2008 with verifying receipts. Please let me know what we can do regarding this matter. (Ryan C.)

Laws or permits for venomous snake rescue and relocation?

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 considering venomous snake rescue and relocation and am hoping you will direct me to the proper department. What laws or permits are involved in such a hobby? Are there designated release locations for rescued snakes? Do I need a permit? (Anonymous)

Answer: All native reptiles and amphibians are protected under California Fish and Game laws and may not be taken except as authorized by those laws. The laws do not include take for the purposes you describe. But, a limited version of the business may legally be conducted under the Freshwater Sport Fishing Regulations (www.dfg.ca.gov/regulations/FreshFish-Mar2011/).

According to retired Department of Fish and Game Capt. Phil Nelms, some species, including rattlesnakes, may be taken under the authority of the regulations. Under the provisions of these regulations, any person with a current sport fishing license may take the number of snakes provided as the "bag limit" for that species each day (California Code of Regulations Title 14, section 5.60). However, if you are taking rattlesnakes only, no fishing license is required and the bag limit is two rattlesnakes per day.

Additional regulations protect native reptiles and amphibians taken from the wild, as well as those held in captivity, from being sold or released back into the wild. Live snakes that are immediately released in the area where taken are not considered to be captive (CCR Title 14, section 40).

It is permissible to conduct a snake removal business as long as you operate within the parameters of these sport fishing laws. You may also need to have a local business license.

Q: I have contacted three sporting goods stores in my area asking about the purchase of state and federal duck stamps and how they relate to the Automated License Data System. They don’t know and do not have individual state stamps as in the past. Please help a bunch of duck hunters. (Bill A.)

How to warn others that rutting deer can be dangerous?

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: We have a few residents and a lot of deer here on the Presidio of Monterey. Our problem is the deer have been very aggressive toward some people recently. I want to warn our residents and students to steer clear of them during the rutting/mating season but the message would be best received coming from an expert. Would you have prepared info or be willing to send me something we could quote in an article on staying safe during rutting season? I have included a photo taken by one of our residents. (Dan Carpenter, Chief of Public Affairs, Presidio of Monterey Defense Language Institute)

Answer: According to DFG Deer Program manager Craig Stowers, this picture is a great example of something I tell people all the time -- deer don’t make very good neighbors. In addition to generally being a nuisance by eating, trampling and defecating on landscaping and gardens, deer can also be dangerous to human beings and other domestic animals (particularly dogs). It’s obvious from the photo that these bucks are not "friendly" and should be given a wide berth, but even younger, smaller deer are very strong and unpredictable and should never be approached in any way.

There are a couple of times a year when there is an increased potential for a negative (especially for the human) encounter with a deer. The first is around late March to early June, when does have fawns in hiding or just at heel. The does are particularly protective of the fawns during this time period so do not approach any fawns or allow your dogs to do so. If a fawn is seen without a doe please do not assume the fawn is orphaned and needs rescue. The doe is undoubtedly in the area, most likely feeding or just waiting for you to leave the area so she can check back in on her fawn.

The second time to be aware of is around mid-November to mid-January when bucks are in rut. During this time of the year bucks are continually on the move, fighting other bucks and looking for does to breed. They don’t even take time to eat during the rut -- the urge to reproduce is overwhelming and not to be interfered with. The bucks in this photo are large and powerful animals with sharp antlers that can do a lot of damage to the human body. Even if you aren’t the target of the antlers, just getting caught up in a situation like this could be a very bad experience and is something to be avoided at all costs.

Like all wildlife, deer are best observed at a distance. Don’t feed them or try to interfere with their behaviors in any way. The photo represents an aspect of deer behavior that people should be aware of so they can act appropriately and avoid any negative interactions that could result. Although dramatic, I’m sure that most people (myself included) would prefer that the kind of "wildlife experience" shown in the photo not occur in my or my neighbors’ yard.

Q: Is it legal to keep female Dungeness crab that meet the minimum size requirements or do they have to be thrown back? I see a lot of people keeping only the males and tossing the females back and so wonder if the regulations require that only the males can be kept? (Josh M., Oakland)

A: Sport fisherman may keep the female Dungeness crab -- commercial fishermen must throw them back. Since the females are often much smaller and less meaty than the males and lack the large claws, many fishermen toss them back so they can reproduce more young for future generations. The larger females that meet the minimum size requirements also carry the most eggs and produce the most offspring, so it’s beneficial for the population to let the females go. However, there is no law that compels you to do so.

Q: How are fines determined and how can someone locate published documentation on fines? (John S., Bakersfield)

A: The maximum and minimum penalties for convictions of California laws are set by the Legislature. The penalties for Fish and Game violations are published in the Fish and Game Code starting with section 12000. The Fish and Game Code is available online at http://dfg.ca.gov/enforcement/.

If you have a question you would like to see answered in this column, e-mail it to [email protected].

Image of deer on the grounds of the Presidio of Monterey courtesy of Hanna Frenchick via California Department of Fish and Game

Is it legal to shoot or hunt from a mountain bike?

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 soon be taking off to the mountains from the valley floor to do some mountain quail and tree squirrel hunting. In past years, after arriving at hunting camp, most of my hunting was done on foot and so I couldn’t cover much ground in a day. Last year I took my grandson with me to start teaching him a little about gun safety, hunting and camping in the wild. After walking for a while he got tired though and wanted to rest. We were walking along a logging road and he told me that he wished he had his bicycle with him. This got me to thinking that with a bike I could cover much more area, be basically silent, use no fossil fuel and get some much needed exercise to boot. So, for my hunting trip this year I purchased a mountain bicycle and got it geared up with saddle bags and a handle bar gun rack for my shotgun.

Now I’m all ready to go but can’t find any hunting laws, rules or regulations concerning guns and bicycles on logging roads. Here are my questions:

■ Can I legally shoot from my bicycle while stopped with my feet on the ground or do I have to completely dismount the bicycle to shoot?
■ Can I have a shotgun shell in the chamber while on my bicycle (like while walking) or must I have the chamber empty and action open like when in a motor vehicle?
■ Can I carry a holstered six shot, black powder pistol with five rounds capped on my bicycle or do all the nipples have to be uncapped as in a motor vehicle?

I don’t want to do anything illegal or get into any trouble, so I would appreciate any help with these questions. (K. Broberg)

Answer: Shooting or taking game from a bicycle, whether on it or straddling it, is not specifically prohibited in California Fish and Game laws. However, section 374(c) of the Penal Code prohibits shooting a firearm from or upon a public road. A logging road is not a highway but it may be a public road depending on multiple factors, including who owns and/or maintains the road. But, in any case it is advisable to always be off any road before shooting even if it is not expressly prohibited by law.

Is a hunting license required when geocaching?

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 stopped by a game warden on a dirt road while out geocaching. He told me that if I am in a hunting zone when the season is open and I have a method of take (I always have a rifle with me), I must not only have a hunting license and tag for that zone, but I also have to show them to the game warden. All of this even though I said I was NOT hunting! Is this true?

If it is true, would this not deny everyone that uses the forest, and even land owners, their second amendment rights if they didn’t have a hunting license?

I thought this was ruled on and settled years ago. Have there been new laws enacted? The only new law I’ve heard of allows us to take our guns into national parks. This seems contrary to that new law. (Randy S.)

Answer: Fish and Game law does not require a person to have a hunting license and/or harvest tag while carrying a firearm in any area at any time of the year where access by the general public is otherwise unrestricted. A hunting license is only required if you are taking birds and mammals (Fish and Game Code, sections 22, 54, 86 and 3007).

According to retired DFG Capt. Phil Nelms, anyone who is traveling in these areas, especially persons carrying firearms during an open hunting season, can expect to be stopped by a game warden and questioned as to the nature of their activities. And, for some species of animals the season is open all year.

Game wardens have the authority to inspect any firearms, licenses, tags or game you may have in your possession (FGC, sections 1006 and 2012). This authority in the Fish and Game Code is in addition to that provided for all peace officers to inspect any firearm that is being carried in any area that is otherwise not open to the discharge of firearms, such as from or upon any public road (Penal Code, sections 374(c) and12031(e)).

Q: Are there any restrictions on the collection of crayfish? Any bag limits? Do I need a fishing license? (Kathleen J.)