Drifting for Ducks
Question: Is it legal to drift down or anchor a boat in a river to hunt for waterfowl? The river is in the “Balance of the State” zone and is surrounded by unincorporated privately owned farmland, with the occasional house or barn visible from the water. I know you cannot discharge a firearm within 150 yards of a dwelling or near a public road, and I know that all motors must be out of the water. Would drifting be considered forward motion? (Anonymous)
Answer: Drifting is not considered “under power.” What you describe would be legal as long as you access the river from a legal access point, and once you’re hunting, your motion is not due to momentum provided by the motor before it was turned off. You must also take into account the retrieval of the birds you take. Should you take a bird that lands on private property that you do not have the authority to access, you run the risk of a hunting trespass for retrieval, or waste of game if you do not retrieve it. Also, you need to remember not to discharge a firearm within 150 yards of an occupied dwelling, and these may be difficult to see from the river. Finally, there may be other state or local ordinances and regulations (such as no shooting zones) or other restrictions that may prevent you from hunting the section of water you want to hunt.
Question: I would like to start up a business importing exotic dead insects into California to preserve and sell as curiosities. I realize that if they were alive, that’d be easy (No Bueno!), but what about dead ones? I propose to import them dead but not preserved, and then preserve them myself. Would it make a difference if I imported them already preserved? Aside from this sounding like the intro to a bad ‘50s giant bug movie, is what I am proposing to do legal? (Brent G.)
Answer: State fish and wildlife laws don’t prohibit importation or sale of insects, but there are other laws that you may need to be aware of. You should contact the California Department of Food and Agriculture, the U.S. Department of Agriculture and the U.S. Fish and Wildlife Service. Some creatures, although dead, may still contain live eggs within. And if any of the species you propose to import are restricted species, border inspectors will not likely differentiate between whether they are dead or alive.
Compound bow fishing for sharks?
Question: Is it legal to bow hunt sharks? Someone told me a man in California took a 550 pound mako shark with a compound bow. (Robert S.)
Answer: Spears, harpoons and bow and arrow fishing tackle may be used for taking all varieties of skates, rays and sharks, except white sharks. Such gear may not be possessed or used within 100 yards of the mouth of any stream in any ocean waters north of Ventura County, nor aboard any vessel on any day or on any trip when broadbill swordfish or marlin have been taken. Bow and arrow fishing tackle may also be used to take finfish other than giant (black) sea bass, garibaldi, gulf grouper, broomtail grouper, trout, salmon, broadbill swordfish and white shark (California Code of Regulations, Title 14, section 28.95).
Regarding crossbows, under hunting regulations, a crossbow is not considered archery equipment. But under fishing regulations, crossbows may be used for bow and arrow fishing tackle. It does not matter what type of bow or crossbow is used under legal bow and arrow fishing, but a line is required to be attached to the bow and the arrow/bolt (CCR, Title 14, section 1.23).
Carrying rifles through a game refuge?
Question: How do I legally travel through a wildlife game refuge on the way to hunting on the other side of the refuge? With bolt action rifles, we take the bolt out so that it’s not a functioning gun anymore. What about with a lever action gun? How can we legally cross through the game refuge? (Erin)
Answer: The possession of firearms is not prohibited “when traveling through any game refuges when the firearms are taken apart or encased and unloaded. When the traveling is done on a route other than a public highway or other public thoroughfare or right of way, notice shall be given to the California Department of Fish and Wildlife (CDFW) at least 24 hours before that traveling. The notice shall give the name and address of the person intending to travel through the refuge, the name of the refuge, the approximate route, and the approximate time when that person intends to travel through the refuge” (Fish and Game Code, section 10506).
Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer in this column. Contact her at CalOutdoors@wildlife.ca.gov.