From Sportfishing
Fish Report for 4-9-2009
CDFG Press Release: California Outdoors Q&As
4-9-2009
Marine Management News
Contact: Carrie Wilson, Office of Communications, CalOutdoors@dfg.ca.gov .
Question: Let's say a free-diver who is looking for abalone and a
scuba diver want to dive together. Would it be legal for the scuba diver
to help the free-diver find abalone by marking locations so that the
free-diver can more easily locate the abalone? I am assuming that the
divers do not have scuba and abalone in the same boat. I think this is a
breach of the spirit of the law and unsportsmanlike, but I don't think
it is covered specifically in the laws. (Anonymous)
Answer: It is not legal for scuba to be used in any manner in the
pursuit or take of abalone. "Take means hunt, pursue, catch, capture, or
kill, or attempt to hunt, pursue, catch, capture, or kill," (FGC
Section 86) and the use of scuba gear or surface-supplied air to take
abalone is prohibited (CCR Title 14 Section 29.15[e]).
Thus, according to Department of Fish and Game (DFG) Lt. Dennis
McKiver, this means a scuba diver may not assist another in the pursuit
and take of abalone. If someone is using scuba gear to find ("hunt or
pursue or attempt to hunt or pursue") abalone and then marking those
abalone with a physical buoy or Global Positioning System location so
that a diver can more easily return to the location to take the abalone,
this falls under the definition of "take."
It doesn't matter if the scuba diver is marking the location with a
surface marker buoy, scuba air bubbles or is coming to the surface to
point out the location to his free-diving buddy; it would all still fall
under the definition of "take." Scuba cannot be used to aid in the
take of abalone in any way other than for the diver to come ashore and
say, "Hey, I saw a lot of big abalone out there!"
Photo: Underwater abalone: www.dfg.ca.gov/QandA/2009/20090409.asp
Question: Do hunting guides have to have a license or is there a course
you need to go through to become a hunting guide? (Billy S.)
Answer: Guides do need to be licensed but there are no courses or
tests one must take to become a hunting guide. "Guide" means any
person who is engaged in the business of packing or guiding, or who, for
compensation, assists another person in taking or attempting to take any
bird, mammal, fish, amphibian, or reptile. "Guide" also includes any
person who, for profit, transports other persons, their equipment, or
both to or from hunting or fishing areas.
The basic requirements are to first fill out the DFG guide license
application and pay the license fees. Current cost of an annual resident
guide's license runs $188.75. Employees of the guide who assist in the
service are also required to have a guide employee registration license
that costs $41.50.
Guides may not have any DFG violations in their past. People with
DFG-related violations may have their guide license applications denied,
and those already with guides licenses may have theirs revoked.
The last requirement is for the guide to purchase and maintain a
"performance bond." The bond is to protect the clients and assure
that any deposit money a guide receives from a client to reserve a
future trip will be returned to the client in the event that the guide
cancels and tries to keep the deposit.
Question: When someone is out turkey hunting - and they also have a pig
tag - in addition to their shotgun shells for turkeys, can they legally
have a slug on their person so that they can shoot a pig with the same
gun? (Terri S.)
Answer: No, this would not be legal because turkeys and pigs have two
different allowable methods of take. Pigs are allowed to be taken with
shotgun slugs but turkeys may only be taken by shotguns 10 gauge or
smaller while in possession of shot size no larger than No. 2 shot. This
means that the two animals have different ammunition restrictions, so
the hunters may not possess a shotgun slug while turkey hunting.
Methods authorized for taking big game (wild pig) include shotgun
slugs, rifle bullets, pistol and revolver bullets, bow and arrow and
crossbow (2008-2009 Mammal Hunting Regulation booklet, pg 16 Section
353).
Methods of take for resident small game (wild turkey) are shotguns 10
gauge or smaller. Shotgun shells may not be used or possessed that
contain shot size larger than No. BB, except that shot size larger than
No. 2 may not be used or possessed when taking wild turkey (2008-2009
Upland Game Hunting Regulation booklet, pg 15, Section 311(b)).
Carrie Wilson is a marine biologist with the California Department of Fish and Game. Her DFG-related question and answer column appears weekly at www.dfg.ca.gov/QandA. While she cannot personally answer everyone's questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov .
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