Seal Lions Are Eating All My Bait!

September 17, 2015

Question: Is there anything I can do to deter or discourage seals from eating all my crabbing bait? I know that seals and sea lions are protected under the Marine Mammal Protection Act but I’ve heard there are exceptions for recreational fishermen to deter them to prevent damage to private property, including gear and catch. What can I legally do to chase off these seals/sea lions or at least prevent them from chewing up my bait cages and hoop nets? Is it legal to shoot them with paintball guns? (Sam L.)

Answer: California sea lions and Pacific harbor seals have been federally protected under the Marine Mammal Protection Act since 1972, and thus harassing, capturing, killing or attempting to do so is prohibited and carries a hefty fine. According to the National Oceanic and Atmospheric Administration (NOAA), in recent years the populations of these animals have increased dramatically and are now considered healthy and robust.

Unfortunately, with the good often comes the bad – the increased abundance of animals has also resulted in a growing number of negative interactions with humans and incidents of property damage. People seeking legal methods for deterring marine mammals in order to protect their property, fishing gear and catch from damage by sea lions and seals can find recommendations and approved methods on NOAA’s website, http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/deterring_qa.html.

I thought you could shoot them with sling shots and paintball guns.

Stupid Seal Lions.

Stupid Seal Lions.

+1.

I think poking em in the side with your spear in self defense (of you and your catch) should be explicitly allowed.

 

I thought you could shoot them with sling shots and paintball guns.

This is why some people pack heat...just in case of furbags...

While diving at least:  If a protected wild animal grabs you or things attached to you, I believe you can legally poke it to make it stop.  It is true:  Under the law, you should do nothing to interact with them at all, including intentionally moving toward them to get a better look, petting them, scaring them, shooing them, or trying to get them out of any general area.  However, if a seal or sea lion is physically aggressive toward your person (including items attached to your body), I believe the defense of necessity/justification could very well apply in federal court.  It generally requires an immediate threat of physical injury or death, no reasonable legal alternative, and not having created the hazard that put you in the dangerous situation.  Either animal can present an immediate threat of serious bodily injury.  The lesser sized animal, the harbor seal, has more jaw strength than a pitbull, can weigh several times more than a pitbull, and has teeth like a tiger shark.  I don't think there are many alternatives in some situations.  I suppose if it is just trying to grab your fish on a shooting line or spear you might not be at risk, but any struggle with an animal underwater, freediving, presents a real risk of drowning.  What if he just takes your gun but the flashlight is a little tangled on the floatline?  As to that last prong, I don't think that lawfully engaging in watersports deprives one of this defense by creating a hazard.  If you were using fish to tease or lure the animal, that would be a different story.  And obviously, the reaction should not be excessive. I don't think you can do anything to them to save gear, though . . . .

OMG that was my 69th post!!!!!!!!!!!

I had an odd situation rock-picking abalone. I had kayaked to an island, beached the yak, and crawled under a large rock I knew was a good spot. I pulled off my three good abs (there were five legals under the rock), stood up, and observed that there were two adult bull Sea Lions between me and the kayak, a distance of about fifteen yards. Luckily, when I stood up, all six eyes involved got the size of saucers, and they hauled off into the water at high speed, giving me a farewell roar on the way out.  Clearly a chonie check moment.

I believe crab bait in a tube or sack with sharp pointed nails running through the bait is a major deterrent.

I had an odd situation rock-picking abalone. I had kayaked to an island, beached the yak, and crawled under a large rock I knew was a good spot. I pulled off my three good abs (there were five legals under the rock), stood up, and observed that there were two adult bull Sea Lions between me and the kayak, a distance of about fifteen yards. Luckily, when I stood up, all six eyes involved got the size of saucers, and they hauled off into the water at high speed, giving me a farewell roar on the way out.  Clearly a chonie check moment.

So do you think they thought you were a female seal till you stood up. Just think what would have happened to your butt if you had not stood up. Someone had to say it. 

I had an odd situation rock-picking abalone. I had kayaked to an island, beached the yak, and crawled under a large rock I knew was a good spot. I pulled off my three good abs (there were five legals under the rock), stood up, and observed that there were two adult bull Sea Lions between me and the kayak, a distance of about fifteen yards. Luckily, when I stood up, all six eyes involved got the size of saucers, and they hauled off into the water at high speed, giving me a farewell roar on the way out.  Clearly a chonie check moment.

So do you think they thought you were a female seal till you stood up. Just think what would have happened to your butt if you had not stood up. Someone had to say it. 

I should add that, under the law, there is nothing you can do if a sea lion tries to make nice with you . . . .

Yowlie, I was, indeed wearing a wetsuit, so maybe...   Nah.

I am pretty sure "spiking" your bait holder as a deterrent would be OK, and the crabs won't care. Some buddies used to commercially fish the Sacto. River system for crayfish, and the best bait was cans of the cheapest dog food available by the case. We used an ice axe to poke a couple of holes in each end. I wonder if crabs would like dog food.

Stupid Seal Lions.

+1.

I think poking em in the side with your spear in self defense (of you and your catch) should be explicitly allowed.

 

I believe someone has that on video

Stupid Seal Lions.

+1.

I think poking em in the side with your spear in self defense (of you and your catch) should be explicitly allowed.

 

I believe someone has that on video

 

His look after the poke was priceless.....

 

Sincerely,

Jim