September 26, 2013
 
Question: I have done most of my hunting in other states and am wondering two things. First, can I use a buck grunt, rattle horns together or use a non-electronic doe bleat to attract a buck? Second, does California require deer hunters to wear blaze orange during rifle season? (Colt Wells)

Answer: Yes, buck grunts, rattle horns and doe bleats to attract bucks are legal to use as long as none of these sounds are electronically produced or transmitted. Regarding blaze orange, California fish and wildlife laws do not require hunters to wear blaze orange while hunting deer, but some local rules in some areas, such as military reservations, may require blaze orange to be worn. Even if it is not required, wearing blaze orange does help you to be more visible to other hunters, so it’s a good idea to wear whenever possible for your safety. One thing to note regarding deer, they cannot detect the color orange. To deer, orange looks gray.

September 26, 2013
 
Question: Over the past few years, I have noticed an increasing number of people attempting to spear corbina while wading in shallow nearshore waters (multiple counties in Southern California). These folks are in the water but not transiting to deeper water. They do not ever swim or float, they are throwing their spears/Hawaiian slings at fish while standing upright upon the bottom. In some cases, they even work in small teams to corral fish by driving them into shallow beach depressions.
 
I note that the 2013-14 regulations, section 28.90 starts with: “Persons who are floating or swimming in the water may use spearfishing gear and skin or SCUBA diving equipment to take…” So, I guess this question revolves around the definition of the word “swimming” as interpreted by the California Department of Fish and Wildlife (CDFW). Are either of these practices legal? (Anonymous)
 
Answer: The activities you describe are neither swimming nor floating. This activity is allowed only for the take of skates, rays and sharks (California Code of Regulations Title 14, Section 28.95). If they want to spear any other type of fish, they need to be swimming or floating. Corralling the fish with their bodies would be legal if they were swimming or floating.

October 3, 2013

Question: I know the maximum number of hoop nets that can be fished from a boat is 10. We take a couple of multi-day trips every year and invariably lose one or two during the trip. My question is can we carry a couple of spares on the boat to replace any we lose? (Larry H.)

Answer: Unfortunately, you may not. No more than 10 hoop nets may be possessed on a vessel (CCR Title14, section 29.80(b)).

October 3, 2013

Question: We own a pet store in Northern California and also help to rescue animals and then place them in suitable homes. A client recently asked us to help rescue a 12-year-old garter snake and then adopt it out back to a good home. My questions are, is it even legal for us to possess a garter snake within our shop? Next, if we are able to possess it in our shop, can we charge our standard adoption fees to a new owner for our services in order to help place this snake in a new home? (Anonymous)

Answer: If the garter snake is native to California, then it is not legal to sell or even possess within the pet store. According to California Department of Fish and Wildlife (CDFW) Wildlife Officer Kyle Chang, it would also not be legal to charge a fee to rehome the garter snake since they are not on the list of snakes that are legal to “sell” in California, and “sell” includes possession for sale, barter, exchange or trade. Pet shops can only sell snakes under certain conditions. It’s also not legal for anyone to release the snake back into the wild. (California Code of Regulations Title 14, sections 40(c), 40(e), 43(c), 43(c)(1), 43(f)(2) and Fish and Game Code section 75 all apply to this answer.)

If, however, the garter snake is non-native to California, then CDFW regulations do not apply (except for the illegal release of the garter snake into the wild), but all other state, county and city laws relating to the pet trade may still apply.

October 10, 2013

Question: I’m planning to head to Refugio Beach in Santa Barbara to do some crabbing. What do I need to get to trap crabs in the water about 100 yards out? What traps can I use since I’m not a commercial fisherman? (Robert M.)

Answer: Crab traps are illegal south of Point Arguello (north of Refugio State Beach), so you may not use traps there. However, you can take crabs by hand or hoop net (CCR Title 14, section 29.80). Hoop nets must be serviced every two hours. You will need a sport fishing license (unless you go on a Free Fishing Day www.dfg.ca.gov/licensing/fishing/freefishdays.html), a measuring gauge to measure the crab and hoop net(s). Since lobster season is currently open, if you catch a California spiny lobster, then as long as you have lobster report card in your possession and the lobster meets the size requirements, you can take lobsters by hoop net also. Any spiny lobsters caught outside of the season or that are too short must be immediately returned to the water. Please make sure you’re familiar with all crab (and lobster) fishing regulations before heading to the beach. The 2013-2014 Ocean Sport Fishing Regulation booklet can be found wherever fishing licenses are sold, or online at www.dfg.ca.gov/marine/sportfishing_regs2013.asp.

October 10, 2013

Question: I've heard deer and elk are occasionally spotted on a beach in a remote area of Northern California. This beach stretches for several miles and I’m planning to hike it beginning from a public access point. During deer and elk season, what are the regulations regarding hunting from the beach? I will have a harvest tag for the appropriate area and know not to shoot over water or within 150 yards of a dwelling. I believe the State of California owns everything from the mean high tide water line out to three miles, so if it were a low tide, and a deer or elk happened to be below the mean high tide line, could I technically take a shot? Although it's not likely this scenario would occur, I am curious about the legal and ethical nature of this scenario. (Katie H.)
 
Answer: There are no CDFW laws prohibiting this, but there could be local firearms closures in place. To determine if firearms or archery equipment would be legal to possess and use in the area you’re interested in hunting, you should contact the local sheriff (if an unincorporated area) or the local police department (if an incorporated area) to confirm.

October 17, 2013

Question: I live in Fullerton and am having coyote problems. A coyote recently killed my cat, and some other pets have also been killed and/or attacked. Is it legal to kill a coyote in my neighborhood if I feel it is a viable threat at the time? I’m not seeking them out and not trying to hunt. I just don’t want to lose any more animals. We want to comply with all laws but aren’t getting anywhere talking to the local police department or the animal shelters or humane society. I’ve never had a hunting license and my parents’ licenses are expired but can be renewed if need be. We have registered handguns, rifles and shotguns that are all legal. I just want to make sure we won’t get into trouble with the law. What are our rights? (Christina, Fullerton)

Answer: Under Fish and Wildlife laws, coyotes are classified as non-game animals and may be taken throughout the year with a hunting license. The offending animals may also be taken if they cause property damage. That being said, laws generally prohibit the discharge of any firearm or other weapon in urban areas. You may want to verify this with your local police or sheriff’s agency. Some communities have hired licensed trappers to remove nuisance coyotes.

October 17, 2013

Question: My dad is handicapped and someone told him if he gets a license and abalone report card, he can then have someone else catch abalone for him and hand it to him either while he’s on a boat or once back on shore. Is this true? (Janet R., Sacramento)

Answer: Unfortunately, no. A person who is unable to take their own abalone cannot purchase an abalone report card and have someone else take abalone for them using their report card. A person licensed to take abalone can give some of their own catch to your father as long as the abalone are tagged and recorded on the actual diver’s report card.