From Sportfishing
Fish Report for 7-30-2009
California Outdoors Q&As: Shooting At Dusk
7-30-2009
Marine Management News
Contact: Carrie Wilson, Communications Office, CalOutdoors@dfg.ca.gov .
www.dfg.ca.gov/QandA/2009/20090723.asp ***
Question: I hunt with a bow and on some occasions will shoot my game
right at sundown and then have to chase my animal sometimes for an hour
or more. And then when I find it, I may have to shoot it again. Is it
legal to finish off an animal after dark if it was shot during the legal
hunting hours? (Geoff M., Camarillo)
Answer: No. Authorized hunting and shooting hours are clearly stated
in the regulations as running from one-half hour before sunrise to
one-half hour after sunset (CCR T-14 Sections 310, 310.5 and 352). To
shoot an animal outside of those authorized hours is illegal.
If you hit an animal at sundown but it doesn\'t immediately go down, you
should then mark the location of the hit, let the animal bleed out and
recover it in the morning. You cannot take another shot that day after
legal hours have passed or you will be in violation. Whenever possible,
try to plan your hunt so that you will not be pushing the envelope right
at the end of hunt hours and can leave ample time to track and retrieve
the animal during legal hours.
Question: I purchased a lot of ivory beads, findings and pendants in
Los Angeles in 1983. When I heard about the elephant poaching in Africa
I put all of this ivory away for 30 years. I am now in a very desperate
financial situation though and need to sell everything I own. I made
some necklaces from this ivory and put them online to sell. I checked
the laws about ivory and was told that I could not import or export out
of the states, but I could sell what I have within the United States. Is
this information accurate? If not, can I sell these pieces legally any
place? (Patti D.)
Answer: According to Captain (ret.) Phil Nelms, both state and federal
laws restrict the sale of ivory.
The state law, California Penal Code Section 653(o), addresses the sale
of ivory from any of these animals: polar bear, leopard, ocelot, tiger,
cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale,
cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter,
free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish
lynx, or elephant. This is a very broad definition of \"ivory,\" which
typically only refers to the teeth and tusks of elephants or marine
mammals
.
It sounds like you have elephant ivory, which is one of the animals
listed in Section 653 above, so you cannot possess it for sale or sell
it in California, including online.
Elephants, marine mammals and some other critters covered by Section
653 are additionally protected by federal laws (e.g., the Marine Mammal
Protection Act and the Endangered Species Act). If you legally acquired
ivory from one of these animals prior to the enactment of the federal
laws, then you may be exempt from the provisions of these federal laws,
but not the California law. Unfortunately, California law does not
include a \"grandfather\" or pre-act exemption clause; thus there\'s a good
chance that you'll still be breaking California law if you offer your
ivory for sale in California. We recommend you contact the US Fish and
Wildlife Service and/or a private attorney for an explanation regarding
the applicability of federal laws and legality of selling your ivory in
other states. You may also want to contact each state individually to
inquire about applicable laws.
Question: While tagging my abalone recently I realized too late that
I\'d mistakenly recorded my abalone catch on my abalone report card
incorrectly. I recorded them out of order in the wrong column and then
used the corresponding wrong tags. This meant I skipped three of the
lower numbered tags. The tags are still on the report card and
corresponding recording fields on the report card are still empty. Can I
go back and use those missed tags for my next trip? (Atsu I.)
Answer: No, the law says, \"Tags shall be used in sequential order, and
shall not be removed from the report card until immediately prior to
affixing to an abalone. Any tags detached from the report card and not
affixed to an abalone shall be considered used and therefore invalid\"
(CCR Title 14 Section 29.16[b][4]). According to Lt. Dennis McKiver, you
are also required to write \"Void\" on the Abalone Report Card in the
spaces you skipped and then dispose of the three corresponding tags.
This is because the law also says, \"...[5] No person shall possess any
used or otherwise invalid abalone tags not attached to an abalone
shell.\"
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