From Sportfishing
Fish Report for 8-24-2009
CDFG Press Release: California Outdoors Q&As: Can gun and bow hunters mix?
8-24-2009
Marine Management News
Contact: Carrie Wilson, Communications Office, CalOutdoors@dfg.ca.gov .
*** View this column with images online at
www.dfg.ca.gov/QandA/2009/20090820.asp ***
Question: I have a question regarding hunting pigs during deer archery
season. I know that pigs are open all year. I also know that if you are
hunting deer during archery season, you cannot have any firearms with
your archery equipment while out in the field. If I am out hunting with
my friends, but I am hunting pigs with my gun while they are archery
hunting for deer, is it legal for me to carry my gun with me while my
buddies are bow hunting, if we are in the same hunting area? Will a game
warden cite us or be overly suspicious because we would have a mixture
of hunting equipment in our possession during archery season, even
though we have a non-deer hunter in our group? Thanks. (Tim P.)
Answer: This is an age-old scenario that we hear often. According to
Assistant Chief Mike Carion, while you are not prohibited from carrying
a firearm (Section 354[h]) because you are not an "archer," if you claim
to be hunting pigs with your firearm during a deer archery-only season,
you may draw the attention of a game warden.
If you are observed in the field with archery deer hunters and are
carrying a firearm, and you are doing anything that could be defined as
"hunting, pursuing, catching, capturing or killing" deer, there is a
good chance you will be cited for taking or attempting to take deer
without a tag, and hunting with a firearm during an archery season. If
you claim you are hunting pig, coyote, ground squirrel or something
else, this must be substantiated, as the claim alone does not protect
you from prosecution. Based upon all the evidence at hand, you must be
able to prove you are hunting pigs or legally hunting game other than
deer. If game wardens know that pigs are not known to even occur in your
particular area, or the type of ammo you are carrying is not consistent
with what you say you are hunting, then you will probably be cited. So
be sure your actions are consistent with the intended legal game you are
hunting, that the game is obviously found in the area, and that you are
carrying the correct tags and ammunition for the game you are pursuing.
In summary, hunting with folks that have specific types of tags places
you in the same arena, as far as a warden is concerned. Because there
are people who take advantage of such situations, game wardens pay close
attention to mixed hunting groups, and by carrying a firearm you will be
putting yourself and your group in the spotlight.
Question: Is it legal to spearfish at night? If so, what fish can be
taken? This sounds intriguing to me since I enjoy night diving and it
would give me another activity to enjoy while doing so, but I want to
stay within the law. Thank you for your time. Just to be clear, I would
be diving along the North Coast. (Anonymous)
Answer: Generally, Fish and Game laws allow fish to be taken at night
in all ocean waters that are open to the take of fish during the day,
and by all methods of take that are authorized for use during the day.
If it\'s legal to take fish in a specific area during the day with a
spear, it\'s legal to do so at night. Areas of the ocean in which spear
fishing is prohibited include Marine Protected Areas and anywhere within
200 yards of the mouth of any stream. Taking fish with a spear is not
allowed in the inland waters of the North Coast Fishing District at any
time.
Question: At what age can kids first take the hunter safety course, go
on their first hunt, and then what can they hunt for? (Bill A.)
Answer: Since the Department of Fish and Game is a state agency, it can
not discriminate by age. According to Captain Roy Griffith of our Hunter
Education Program, it is up to the discretion of the parent or guardian
to decide when their child has the maturity and upper body strength to
safely manipulate a firearm. A junior hunter needs to attend a Hunter
Education class and take a written test. Once juniors have passed the
test, they can obtain a hunting license and may hunt any legal species
(except big game, if they are under the age of 12 Once they have turned
12 years old, they may then apply for big game tags and hunt big game
with their Junior Hunting License and appropriate big game tag).
Question: If I have five trout on my stringer, can I continue to fish
if I don\'t keep any more than the five fish bag limit? In other words,
catch-and-release after I have my limit of five? Thanks. (Don B.)
Answer: Good question, but the answer is NO. The definition of \"take\"
is to \"hunt, pursue, catch, capture or kill fish, amphibians, reptiles,
mollusks, crustaceans or invertebrates or attempting to do so\" (FGC
Section 1.80). Therefore, catch-and-release fishing is not legal unless
you\'re still under your maximum bag limit.
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