From Sportfishing
Fish Report for 7-3-2009
California Outdoors Q&As: Battling Bunnies
7-3-2009
Marine Management News
Contact: Carrie Wilson, Communications Office, CalOutdoors@dfg.ca.gov .
www.dfg.ca.gov/QandA/2009/20090702.asp ***
Question: I live in an association complex in San Clemente. The
cottontail rabbit population has exploded and the rabbits are doing a
lot of damage to lawns and vegetation. The association said they can do
nothing because the rabbits are protected. What can be legally done by
the association or me? Can I take them by spear? Thank you. (Gary A.,
San Clemente)
Answer: Because you are within city limits your best alternative will
be to put up some type of exclusionary fencings to prevent further
damage. Associate Wildlife Biologist Randy Botta suggests that a fence
of two-foot high chicken wire with the bottom buried a few inches in the
soil should be sufficient to exclude rabbits from an area. Mesh size
should be one inch or smaller.
To protect trees or landscape plants, construct a barrier around the
plants in the form of a cylinder made of plastic tubing or 1/4 inch wire
hardware cloth that extends higher than a rabbit\'s reach and stands far
enough away from the trunk such that rabbits cannot eat through the
mesh. Mesh size from ? to 3/4 inch can be used but hardware cloth will
best guarantee protection.
Taste and odor repellents may also be used but are most effective when
dealing with small numbers of rabbits and at the first sign of damage.
These repellents usually have to be reapplied at regular intervals,
especially following rains. In some cases, habitat manipulation to
remove their living and hiding places may be effective but this may
require official approvals and authorization from your association.
If you or your association decides all of these passive persuasions are
not enough and more drastic measures are needed, a ruling by the
Attorney General in 2006 now authorizes that cottontails and brush
rabbits may be killed at any time if they are found to be damaging
landscaping, ornamental plants, crops and/or gardens (FGC Section 4186.)
In Orange County, you have the authorization to use box traps in
addition to the other methods of take authorized by the regulations (CCR
T14 section 311). Box traps have been used successfully to capture
cottontails, or you may want to hire an authorized trapper to catch and
remove the animals. Firearms and other methods of take may be used only
where local ordinances allow, so check with local authorities first
before attempting to do so.
And finally, even if all of these methods fail, you still cannot take
them by spear.
Question: I know there is a law prohibiting spear fishing in the ocean
within 100 yards of a stream or river outlet. Is it ok to enter the
water from the beach and swim out past 100 yards with our equipment
before we start fishing? Or would we have to find a beach with no outlet
at all? (MJH)
Answer: The regulation you are referencing was designed to protect
salmon and steelhead that are entering or exiting a river. FGC Section
28.90, which refers to diving and spear fishing, states that "no
person may possess or use a spear within 100 yards of the mouth of any
stream in any ocean waters north of Ventura County.\"
According to Lieutenant Dennis McKiver, because the regulation says \"no
person may possess ... within 100 yards,\" it would be unlawful to even
stand on the beach with a spear in hand if you are within 100 yards of
the mouth of a stream. This means that you will need to find an entry
point more than 100 yards away from the mouth of the stream to enter the
water to go spear fishing.
Question: I would like to make my own abalone irons. What are the
specifications to do so legally? (Jim B., Oakdale)
Answer: Abalone irons must be less than 36 inches long, straight or
with a curve having a radius of not less than 18 inches, and must not be
less than 3/4 inch wide nor less than 1/16 inch thick. All edges must be
rounded and free of sharp edges (FGC Section 29.15[e]).
Question: Our dog ate our fishing licenses ... really! What can we do to
replace them without having to pay full prices for new ones? (Christie
R.)
Answer: If you still have the carbon copy receipt from your original,
take it to a DFG license agent office, and for a replacement fee of
$9.20, you can get a new license. Any stamps on your original license
must be purchased again at the full price. If you no longer have proof
of your original license purchase (carbon copy receipt or a clear
photocopy of your original license), you will need to purchase new
licenses at full cost.
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