Fish and Game Q&A: Is it unlawful to use night-vision equipment while legally hunting?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: I have an important question regarding the use of "passive" night-vision equipment when legally night-hunting nongame mammals and nongame birds in the state of California. My research indicates that it is perfectly legal to hunt nongame mammals (e.g. coyote and bobcat) using passive (which means it does not project an infrared beam of light or other artificial light) night-vision equipment (e.g. rifle scopes, binoculars, etc.) that do not conflict with the California Penal Code for legal possession.

If you believe that my conclusions are in error, please state the applicable regulation and specific verbiage in the law. For the record, is it illegal to use any type of night-vision equipment in the state of California while legally hunting big game or nongame animals? Yes or no? (Rick B.)

Answer: Yes, it is unlawful to use or possess at any time any infrared or similar light used in connection with an electronic viewing device or any night-vision equipment or optical devices. According to Department of Fish and Game Ret. Capt. Phil Nelms, this includes but is not limited to binoculars or scopes that use light-amplifying circuits that are electrical- or battery-powered to assist in the taking of birds, mammals, amphibians or fish (Fish and Game Code section 2005(c).

Becoming an Outdoors-Woman, California, releases its 2011 workshop schedule

Becoming an Outdoors-Woman, California, has posted its 2011 workshop schedule on its website.

The first clinic is a duck hunt on Jan. 15 in Williams. Limited to 10 participants, the California nonprofit's president, Susan Herrgesell, recommends that those interested in attending this workshop should register soon.

Other clinics include fly-fishing, pheasant hunting, whitewater rafting, shooting and ATV/dirt-bike riding. The organization's popular multi-course workshop will take place from Oct. 7 to 9 at Wonder Valley Ranch in Fresno County.

For both the novice and the expert, these one-, two- or three-day workshops feature hands-on training with top-of-the-line equipment as well as knowledgeable and encouraging instructors and include classroom time, equipment overviews, safety and field instruction.

Registration can be completed either online on the BOW-California website or by printing and mailing a registration form.

-- Kelly Burgess
twitter.com/latimesoutposts

Photo: Fly-fishing workshop attendees practice casting before heading to the water. Credit: BOW, California

Fish and Game Q&A: Will I be in violation if I clean lobsters once the boat is docked?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: I run a six-pack charter boat business and we often hoop net for crab and lobster. My deckhands and I make money by cleaning our passengers' catch. This includes both rock crab and lobster. We always wait until we make landfall before we tail the bugs. This year the new regulations say: "(e) Spiny lobsters shall be kept in a whole, measurable condition until being prepared for immediate consumption." What is the definition of immediate consumption? Will I be in violation if I clean the lobsters for my passengers after hitting the dock? (Captain David Y.)

Answer: Yes, prior to this law, there was a big enforcement problem with people who were already on the shore tailing undersize lobsters before the Department of Fish and Game could contact them to measure their catch. Because lobsters must be measured across the back of their carapace rather than the tail region, this was allowing them to get away with possessing short lobsters when the carapace and tails were separated. This is one of the reasons why this section was changed.

According to DFG Lt. Eric Kord, captain of the San Diego-based patrol vessel Thresher, by the letter of the law, "prepared for immediate consumption" means cooked and on a plate ready to be eaten immediately. Or in the case of sushi, it means ready to be eaten immediately raw on a dinner plate. He advises not cleaning or tailing the lobsters for your passengers as doing so would be a violation. If they are stopped by a game warden on the way to their car, they would be cited for illegal possession of tails under this section.

Enter SOG's 'Are You The Gunny?' contest to win SHOT show admission and meet R. Lee Ermey

  

Think you've got what it takes to be "The Gunny?" If so, SOG Specialty Knives and Tools wants you -- to enter its "Are You The Gunny?" contest.

The most talented entrant with the grit, guts and gall to show his or her best impersonation of the one-and-only retired U.S. Marine Corps Gunnery Sgt. R. Lee Ermey, a.k.a. The Gunny, will win a trip for two to January's not-open-to-the-public Shooting, Hunting, Outdoor Trade Show in Las Vegas, plus get to meet The Gunny himself.

Ermey has a long history of film and TV appearances, recently as the "caring" therapist in the above GEICO commercial.

Entries may be submitted by uploading a video no longer than 4 minutes to YouTube and then posting the entry video to the SOG Facebook page. The submission deadline closes at noon on Dec. 21. Full contest details and rules are available online.

SOG will announce the top three entries on Dec. 23 on its Facebook page and then public voting will commence, closing at 5 p.m. Dec. 29. The grand prize winner will be announced Dec. 30, also on Facebook.

The SHOT show is the largest and most comprehensive exposition of firearms, ammunition, archery, cutlery, outdoor apparel, optics, camping and related products and services. Owned and sponsored by the National Shooting Sports Foundation, admittance is restricted to the shooting, hunting and outdoor trade and to commercial buyers and sellers of military, law enforcement and tactical products and services.

-- Kelly Burgess
twitter.com/latimesoutposts

Video: GEICO commercial featuring R. Lee Ermey. Credit: GEICO via YouTube

 

Fish and Game Q&A: Is it legal to hunt sea ducks?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: I would like to hunt sea ducks and target surf scoters this waterfowl season. Is this legal? If so, how does one know where it is legal to hunt from shore? Also, if hunting from a boat, I know the motor must not be utilized except to retrieve birds. What other guidelines are there for hunting from a boat? (Scott S.)

Answer: Surf scoters and other sea ducks are found along the entire coast, but hunting for them is more popular north of the Golden Gate Bridge in Northern California (such as Humboldt Bay) and in Oregon and Washington. According to Department of Fish and Game Northern California District Chief Mike Carion, hunting from shore is legal provided the shoreline is not private (unless you have permission to be there). It also must not be in an area covered by one of the numerous ecological reserves, marine reserves, state parks, etc., along the California coast. (Fish and Game Code Section 2016 gives the parameters).

The best thing for you to do is select an area where you’re interested in hunting and then contact some local hunting clubs or stores for specific tips and recommendations. Be sure the area allows for discharging of firearms and that you will not be hunting on private property or in one of the parks or reserves that do not allow for hunting.

National Shooting Sports Foundation jumps into ammunition lawsuit fray

The National Shooting Sports Foundation will file a motion to intervene in response to a lawsuit filed Tuesday challenging the U.S. Environmental Protection Agency's denial of a petition to ban lead use in ammunition.

The lawsuit was filed in U.S. District Court by the Center for Biological Diversity, Public Employees for Environmental Responsibility and Project Gutpile, which on Aug. 3 had petitioned the EPA to ban traditional ammunition as well as fishing tackle containing lead.

In August, the EPA denied the portion of the petition calling for a ban on the production and distribution of lead hunting ammunition, saying it did not have the legal authority to regulate the production and distribution of traditional ammunition under the Toxic Substances Control Act. And in November, the EPA also denied the portion calling for a ban on the manufacture, use and processing of lead in fishing gear.

"We knew that this fight was far from over even after we gained that early victory," said Lawrence G. Keane, NSSF senior vice president and general counsel. "The CBD petition and now this lawsuit are clearly attacks on the right of hunters to choose the ammunition that best suits their hunting and target shooting needs, and they are attacks on hunting as well."

Only three of the original five groups that filed the Aug. 3 petition joined Tuesday's lawsuit. Not participating were the American Bird Conservancy and the Assn. of Avian Veterinarians.

-- Kelly Burgess
twitter.com/latimesoutposts

Photo: As the sun sets in the west, a couple of hunters in a field look for the last flight of dove. Credit: George Wilhelm / Los Angeles Times

California Fish and Game wardens in the spotlight on 'Wild Justice,' premiering Sunday on National Geographic Channel

California Department of Fish and Game wardens certainly have an interesting work schedule. Dealing with illegal hunters, methamphetamine users, illegal pot growers and probation violators, it seems no two days are alike. 

These 240 law enforcement men and women patrol wide swaths of the state's 159,000 square miles of land, 30,000 miles of rivers and streams and more than 1,100 miles of coastline, often alone and in rural areas where backup can be hours away. And often, many of the people they come in contact with are armed.

The real-life bravery of California game wardens is brought to light in the new National Geographic Channel series "Wild Justice," premiering Sunday at 9 p.m. with two hourlong episodes before moving to its regular night and time, Wednesdays at 10 beginning Dec. 1.

The 11-episode series follows the lives of California’s Fish and Game wardens, on call 24/7, as they defend against human threats to the environment, endangered wildlife and the cultivation of illegal drugs.  On foot or horseback, by car or off-road vehicle, by plane or by boat, this small group of law enforcement officers covers a large territory in pursuit of poachers, polluters and illegal marijuana growers, while still making sure hunters and anglers follow the rules.

Though the show appears to focus on the "dirty" side of the job, it's not all trouble -- wardens also promote and coordinate hunter education programs and represent the DFG at schools and meetings of hunting and fishing clubs and other special interest groups.

"One thing about this job is that everything changes," DFG Warden Brian Boyd comments in one episode. "It's one reason why I like it and the reason some people don't like it, cause you can't set your clock to it."

"Wild Justice" episode descriptions through mid-December are after the jump (the rest of the descriptions are still pending):

Fish and Game Q&A: Is a loaded firearm in a parked car legal?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: Is it legal to have a loaded firearm in a parked vehicle while hunting? (Scott D. Beyer)

Answer: No. Possessing a loaded rifle or shotgun (live round in the chamber) in a vehicle, even when parked and you are away from your vehicle for any purpose, is still prohibited (Fish and Game Code, section 2006). This law applies when you are on a public roadway or other way open to the public. This means any place the public can go, including roadless or "off road" areas.

Q: I just went through the validation part of the Department of Fish and Game site and can’t locate the following requirement. What happened was a friend stopped Saturday at a California Highway Patrol office to have his deer tag validated. The carcass was in the truck in a deer bag and the horns were cut off. The officer told him he was in violation of the law as the head must be attached to the deer until dropped off at a butcher shop or cut up at home. I’ve never heard of this before in California. Is this the case? If so, it’s a severe imposition on successful hunters. The book says the head must be retained in case a warden asks to see it after the fact, but what if you want it mounted and must skin it as soon as possible? I cannot locate anything referring to the horns-attached issue. Why not require proof of sex be left on the carcass instead? (Bill A.)

Fish and Game Q&A: How can I know which fish are legal to keep when fishing at night?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: Sometimes when I’m fishing at night from shore off the coast, I can’t always tell exactly what I’ve caught. Figuring out the difference in the dark between the perches that have different size restrictions can also be hard. I don’t want to break any laws, but I usually like to take one fish home to eat. If I do catch a restricted species of some sort by mistake, how much would I be fined? Also, how can I know exactly what fish are legal to keep and which ones are not? (John N., Malibu)

Answer: You are responsible for anything that you catch and keep. Citation fines can be found on the "Bail and Penalties" link at www.dfg.ca.gov/enforcement/, and then you can expect for additional court fees to be added. The best thing for you (and the fish) would be to plan to fish while it’s still light enough that you can be sure of exactly what you’re catching. Otherwise, you’d better have a mighty good flashlight. Not being able to distinguish what fish you have in the dark is no excuse.

For an easy reference as to which species can be kept and which cannot, log onto the click-able fishing map on the marine region website at www.dfg.ca.gov/marine/fishing_map.asp before you head out to fish. This is a great resource that you can always trust to be current. Just click on the map in the area where you intend to fish and a list of exactly what’s open, what’s closed and which species have special restrictions pops up. Click on any fish species you’re interested in learning more about and you’ll have access to their regulations as well as lots of interesting biological information.

Q: Sometimes when out hunting ducks, we bring the barbecue to cook up a mallard or teal. If I bring out a cleaned bird from a previous hunt and cook it, is this OK? (Jim M., Brentwood)

Fish and Game Q&A: Is there a way to get owls to vacate our tree?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: We have four owls that have taken up residence in our palm tree in the last two weeks and they are showing no signs of leaving. This would normally not be a problem except they screech from dusk to dawn and are causing a disruption in our neighborhood. Will you please tell me how I can get these owls removed and hopefully relocated? (Kate K.)

Answer: You probably have a new family of owls in your tree (adults with juveniles). According to DFG raptor biologist Carie Battistone, if you can be patient with the noise, they should move on soon. If not, try putting a fake owl out in a highly visible location (the ones sold in stores are great horned owls which are a top predator) to discourage them from settling in. It may help to move the fake owl to different locations every other day so they don’t get used to it in one place. Loud noises such as clapping or banging can flush them out too. If all this fails, then you can call USDA Wildlife Services, which specializes in this type of issue. You can contact them at (916) 979-2675 and they will be able to direct you to the appropriate office.

Q: I want to confirm my understanding of the regulations regarding hunting in California with a shotgun. As I read it, those who hunt birds can only carry 25 shotshells and have three shells in their shotgun. However, hunters hunting coyotes (a nongame species) are not bound by the bird hunter shell counts. They may carry up to 10 shells in their shotgun and an unlimited number of shells with them. Is this an accurate interpretation? Does the same apply to fur-bearing animals such as fox and bobcat?

What if I am in the field and encounter a warden who sees more than three shells in my gun? Will he look at the Dead Coyote Choke, No. 4 buck shotshells, FoxPro and hand calls to determine what I am actually hunting and confirm I am not a bird hunter? Seems like it is subject to officer discretion even though it is obvious nobody hunts quail using callers and No. 4 buckshot. (Bruce C., aka Cautious Sportsman)

Fish and Game Q&A: Is it legal to hunt wild pigs over bait on a licensed game ranch?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: Can you hunt feral pigs (aka wild hogs) from a stand over bait, if it is on a completely enclosed, high fence, licensed game ranch? I was offered such a hunt and the landowner said I wouldn’t even need pig tags. Although it’s allowed in other states, I didn’t think it was legal to do in California and so I didn’t pursue it. Would it be legal if the rancher had released his own domestically bred pigs to run wild, as he is doing legally with other exotic game animals? (Anonymous)

Answer: No, it is not legal to hunt feral hogs over bait. However, if domestic swine are released into an area enclosed by escape-proof fencing, the pigs retain their status as domestic livestock and are neither feral nor game mammals protected by Fish and Game laws. Based upon your description, this would not be hunting but instead killing domestic animals owned by the rancher. If this is being advertised as "wild hog hunting" and sold as a hunt, there may be issues regarding violations of California Business and Professions Code.

Q: Is it legal to fish in the California Aqueduct system? (Thomas T.)

Fish and Game Q&A: What's the right thing to do if an abalone comes out of its shell when harvesting it?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: One of my dive buddies asked me what to do when plucking an abalone and the abalone shell comes off the ab and the meat remains on the rock. Should the person then pry the meat off the rock, lay it in the shell and take it all like this? It would be a legal (seven inches or bigger) abalone. Is this illegal? I know it is the sporting thing to do and the right thing to do, but the regulations say that if you have an abalone removed from the shell, you are in violation! What is the right thing to do in this scenario? (Matt M.)

Answer: Although the spirit of the law may make you want to pry the meat off and place it in the shell, the law prohibits possession of an abalone removed from the shell, and your friend should not possess this abalone. According to Department of Fish and Game Lt. Dennis McKiver, in his experience he’s only known this to happen on rare occasions and only when the abalone iron is not being used properly. McKiver advises that if this happens to you, or if your abalone are being otherwise injured when removed, then you should have someone show you how to properly remove an abalone without injury. This would be the right and sporting thing to do.

Q: I have a bow-hunting question. If a father and son want to hunt together and the son has an archery-only tag but he doesn’t get his deer during archery season, can he then hunt with his dad who only hunts with a gun during the gun season? How could they make this work so they could both hunt together? (Doug W.)