Pete Thomas Outdoors

Legal to hunt from a boat along the San Joaquin Delta?

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 recently told that I can hunt anywhere along the San Joaquin Delta for waterfowl as long as the boat is not moving and I don’t use a motor to retrieve the ducks and geese. I am wondering if this is true or are there only specific areas where waterfowl hunting is allowed? (Ryan S.)

Answer: Many areas of the San Joaquin Delta are open to waterfowl hunting from a boat, but general laws do apply so you could not hunt or shoot a firearm within 150 yards of an occupied dwelling, cannot hunt on private property or within prohibited areas such as municipalities. It is important to research your specific hunting area and know legal access points. No person shall pursue, drive, herd or take any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile (California Code of Regulations Title 14, section 251). Exceptions are also listed, including 1) When the motor of such motorboat, airboat, or sailboat has been shut off and/or the sails furled and its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor, or is being propelled by paddle, oar or pole. Although you cannot shoot a bird while your boat is under power, you can use your motor to retrieve dead waterfowl.


Q: I have a question regarding lobster report cards. I was wondering if I have to buy a new one every time I go out. The lady at the sporting goods store said I had to. This doesn’t seem right because the limit is seven lobsters and there are about 100 spaces to fill out. Please let me know as I don’t want to keep buying these every time if I don’t really have to. (Ryan T.)

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.)

What are the differences between baiting and attractants?

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 differences between baiting and attractants? I know baiting is illegal but was curious about attractants. What qualifies something as an attractant? Can you please define and differentiate? (Josh L.)

Answer: There is no difference … bait is an attractant and an attractant is bait.

No specific definition is provided in Fish and Game laws for these terms, but the definition of "baited area" in the California Code of Regulations Title 14, section 257.5 is helpful.

It states in part: "Resident game birds and mammals may not be taken within 400 yards of any baited area. (a) . . . baited area shall mean any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed, or scattered . . . "

Under this regulation, the use of any substance (real or artificial) that is capable of attracting an animal to an area and when used causes the animal to feed (on the substance) is prohibited. Generally, aerosols sprayed into the air are permissible because there is nothing to feed on. But the same products applied to a surface (e.g. tree, brush, rock, etc.) where the animal licks, eats, chews, nibbles, etc. the surface is considered feed and is a violation.

In addition, intentional acts that disrupt any birds' or mammals' normal behavior patterns (CCR T14, section 251.1) as well as feeding big game mammals (CCR T14, section 251.3) are prohibited.

For the complete regulations, please go to http://dfg.ca.gov/regulations/ to find the California Mammal Hunting Regulations for 2012-2013.


Q: I want to use a net to cast and catch my own bait rather than continue to buy bait at the stores. Is it legal to do so? I do most of my fishing in lakes and I see shads and minnows I would like to catch. I can’t seem to find any information on the website that relates to catching your own bait and if you could what are the sizes of the nets that I can use. Any information or alternatives in regard to this would really help. (Khanh Vu)

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)

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)

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.)

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.