From Sportfishing
Fish Report for 8-6-2009
California Outdoors Q&As: No digging in the mud without a fishing
8-6-2009
Marine Management News
Contact: Carrie Wilson, Communications Office, [email protected] .
www.dfg.ca.gov/QandA/2009/20090806.asp ***
Question: I can\'t purchase a fishing license this year due to a
citation I received last year while helping my friend take his abalone.
The penalty was a one-year fishing prohibition, which I deeply regret.
I have now been invited to join some friends who will be clamming next
weekend and I would like to know where my limit is. This may sound like
I am pushing my limitation, but I would like to know before I get into
more trouble. Obviously, I am not planning to take any clams that my
friends catch, but I would like to join them while they are digging for
clams.
Question: Is digging mud considered fishing while only my friends who have
licenses take clams that they find? I personally love nature, so I hope
you can help me. As I mentioned, my goal is not taking clams, but
joining with my friends in this fun event. (Jerry)
Answer: Sorry, Jerry. California Fish and Game law prohibits taking
clams without a valid fishing license in your possession. Fish and Game
laws also define taking clams to include any activity that can be
considered to hunt, pursue, catch, capture or kill or attempt to hunt,
pursue, catch, capture or kill any clam.
According to retired DFG Captain Phil Nelms, these laws mean that if
you are digging in mud and you do not have a valid license, you may be
arrested. You may also be arrested if you are in the mud and are with
people who are taking clams even if you are not digging. It would be
best to just watch your friends from a distance as they enjoy their
clamming experience.
Question: While wandering through a fair in Nevada last week I found a
vendor selling seafood and abalone shells, and the shells still had the
sport tags attached. I know that in California there is a law that makes
selling abalone shells illegal, but do California laws hold up in
another state? Is it legal to sell abalone shells in another state even
though they were taken by someone with a California sport fishing
license? (Paul R., Carmel)
Answer: Abalone and their shells taken under the authority of a sport
fishing license may never be bought, sold, bartered or traded. Although
California laws only apply when in California, transporting abalone
(including the shells) and any other fish taken in California under the
authority of a recreational fishing license across state lines for the
purpose of sale is a violation of federal law. This federal law, the
Lacey Act, can be enforced by any state wildlife officer who has been
deputized by the U.S. Fish and Wildlife Service, and most California
game wardens are deputized.
The Lacey Act (U.S. Code Title 16, Chapter 53, Sections 3371-3378),
passed by Congress in 1900, was the first federal law to address
wildlife protection nationwide. It is a federal wildlife protection law
that makes it unlawful to import, export, transport, sell, buy, or
possess fish, wildlife, or plants taken, possessed, transported, or sold
in violation of any federal, state, foreign, or Native American tribal
law, treaty, or regulation. This law allows the federal government to
help states, tribes, and countries around the world to safeguard their
wildlife resources. In its original version, the Lacey Act supported
efforts by the states to protect their game animals and birds. It
prohibited the interstate shipment of wildlife killed in violation of
state or territorial law.
Those who knowingly violate the Lacey Act face maximum penalties of up
to five years in prison and fines as high as $250,000 for individuals
and $500,000 for organizations. Civil penalties may run as high as
$10,000. Those convicted of felony offenses under the Lacey Act may be
required to forfeit vehicles, aircraft, vessels, or other equipment used
to commit the crime in addition to any fish, wildlife, or plants
involved.
Question: If I want to hunt deer and bear in the D-6 zone during
archery season in August, would it be legal to carry a pistol for
self-defense protection only? I do not feel like getting killed by a mad
bear with an arrow in it that's charging me. I want to be legal but
also don't want to get killed by a bear just because the lawmakers
don't trust me or the hunters of California to use a pistol only in
self-defense. (Scott S.)
Answer: Hunters are prohibited from carrying a firearm while hunting
during an Archery Only season or under the authority of an Archery Only
tag. Fish and Game Commission regulations are very clear on this issue.
Section 354(h): Except as provided in subsection 353(g), archers may
not possess a firearm while hunting in the field during any archery
season, or while hunting during a general season under the provisions of
an archery only tag.
The exception in 353(g) applies to hunting under a muzzle-loading
rifle/archery tag.
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