Legal to Ship Trout and Venison Out of State?

July 9, 2009

Question: I was wondering about the laws on mailing fish. A friend of mine took me to Eagle Lake a few years ago, and to return the favor I always bring him some fish on the way home. He is going to be moving to Kansas and I want to send him some of the prized fish. Is it legal to ship them through the mail? I know I can get live lobsters from Maine, but they are a commercial product. My friend also wants to try to send me some venison but we’re not sure of the laws there either. Thank you for your help. (Steve)

Answer: Unfortunately, it is not legal to ship trout outside of California (FGC Section 2356.) You also cannot personally transport them to another state, unless you have a nonresident angling license or are on active military duty (in which case you may personally transport no more than one limit of trout across state lines).

As far as venison mailed across state lines, as long as the animal was taken legally in the state of origin, it can be shipped to a recipient in California for their personal use provided the shipper complies with the following procedures:

According to Captain (ret.) Phil Nelms, both California (FGC Section 2348) and United States (Lacey Act) laws require that packages containing wildlife and being shipped by common carrier “… shall bear the name and address of the shipper and of the consignee and an accurate description of the numbers and kinds of birds, mammals, fish, reptiles, or amphibians contained therein clearly and conspicuously marked on the outside thereof.” In addition, a declaration form must be filed when importing fish, game, etc. (FGC 2353.) This form is available online at http://www.dfg.ca.gov/enforcement/docs/declaration_form.pdf.

Though it’s not a requirement, it would be a good idea for your friend to include with his venison shipment a copy of his valid hunting license and tags for the deer, along with all information regarding where and when the animal was taken.

I had no idea. Thanks hojoman. Anyone know if steelhead counts as trout for purposes of this law?  Like if I go catch and keep a steelhead on the Klamath near i5 then go get lunch in Ashland did I just break the law?

That's a dumb rule. I can sort of understand shipping them, but personally transporting them? What's the intent?

Also, who would enforce the personally transmitting rule? How would they prove it without following you across jurisdictions? Just set up a checkpoint at the border and assume? I mean once you cross the border into Oregon, isn't that Oregon's job to enforce?

Also, who would enforce the personally transmitting rule? How would they prove it without following you across jurisdictions? Just set up a checkpoint at the border and assume? I mean once you cross the border into Oregon, isn't that Oregon's job to enforce?

spoken like a true trouser trout smuggler   

Also, who would enforce the personally transmitting rule? How would they prove it without following you across jurisdictions? Just set up a checkpoint at the border and assume? I mean once you cross the border into Oregon, isn't that Oregon's job to enforce?

I have a place in Hornbrook. So I go catch a steelhead on my last day and decide to come home through cave junction so I can hit up Taylor's and drop a couple hundred on delicious meat. I get stopped at the ag station on 199 re entering California and they ask if I have anything. Yeah, I've got meat I just bought at Taylor's and I have this trout I just caught in the Klamath. He drops a dime to DFG and I get a ticket???

Guys up here use Taylor's for processing too. So it's illegal to have Taylor's smoke a steelhead I caught in California?  Because I would have seriously considered it in my scenario above. Sheesh.

I know I have to declare the fish I caught in Oregon when I cone home and which form to fill out. No idea I couldn't take certain game out of state though.

How is there even a legitimate reaso. For the state of California to arbitrarily discriminate against its own residents by not allowing us to transport trout out of the state, while allowing out of state license holders and active military to do so legally.

It doesn't make sense.

Doing some digging in that area of the code tonight, and it gets worse.

California Fish And Game Code Section 2001
...
 (b) Unless otherwise provided, it is unlawful to possess fish, reptiles, or amphibians except during the open season where taken and for 10 days thereafter; and not more than the possession limit thereof may be possessed during the period after the close of the open season.

So you know that mountain trout you have sitting in your freezer. or that rockfish, or that canned salmon you caught in the ocean, or that abalone still in its shell in your freezer,  where the season ended more than ten days ago?  A misdemeanor.