Question: More and more anglers are using hoop nets to "catch and release" bat rays and large sharks. The hoop nets are not being used for catching fish - the fish are hooked by rod and reel. Hoop nets are then used to pull big fish up onto the piers. The problem is that the smaller hoop nets are sometimes insufficient for landing the big batties. Is it legal to use a hoop net larger than 36 inches if unbaited and used only for such purposes? ( Ken J., Lodi) Answer: Yes, the hoop net as you are describing it is being used as a "landing net" and not a typical hoop net as used for lobster. According to Lt. Todd Tognazzini, a landing net has a minimum diameter of 18 inches and no maximum diameter. There is no specific legal definition of a landing net. The only difference between a landing net and a dip net is mesh size, but there is no legal requirement on mesh size either. As long as it is only being used as a landing net, it would be legal. Question: Is it legal to spear leopard sharks from a kayak with a pole spear (better known as a Hawaiian sling)? I know that I can fish for them here in Morro Bay and in the surrounding waters legally. I have also read that the same rules and regulations for fishing apply to spear fishing. The shark must be three feet long and you can't take more than three a day (at least that is what the regulations said last summer). My question is: can I actually spear them while sitting in my kayak? They cruise about six to twelve inches below the surface about five to twenty yards offshore. I know that I would probably need to enter the water with the shark after it has been speared in order to land it (many of them have been five feet long), but nonetheless I believe it can be done. Please e-mail me the answer even if you don't want to put it in the column so I know what is legal and what is not. (Dan W.) Answer: Yes, it is legal to spear sharks (excluding white sharks) from a kayak (CCR Title 14, sections 28.90 & 28.95). Question: For the past 10 months, our neighborhood in Encinitas has been overrun by coyotes. Who can we work with to mitigate the situation before someone gets hurt? (Ken S.) Answer: Coyotes and other wildlife cannot and should not be removed just because there may appear to be too many in a community. If they are congregating, the problem may be that your neighbors are being careless with food and garbage, which serve as attractants. Coyotes play an important role in the ecosystem by helping to keep rodent populations under control. They are by nature fearful of humans. Coyotes primarily hunt rodents and rabbits for food but will take advantage of whatever is available, including garbage, pet food and domestic animals. If coyotes are given access to human food and garbage, their behavior changes. They lose caution and fear and may cause property damage or threaten human safety. When this happens and they threaten humans or begin preying on domestic livestock or pets, they may be killed. Relocating a problem coyote is not an option because it only moves the problem to someone else's neighborhood. The best thing you can do as an individual is to make sure that you remove pet food and water containers at night, secure your garbage and don't provide any areas of shelter. Try to educate your neighbors about this, too. Without food, water and shelter, your property will be less appealing and the coyotes may move on. Here's the bottom line ... coyotes may appear to reside and be prevalent in your area, but this isn't a crime as they are natural predators. The problem occurs when people don't follow the suggestions above and the animals lose their fear of humans and begin threatening people and their pets and livestock. When that happens, the animals may need to be destroyed and we want to avoid that situation. If all else fails and the animals become a threat, contact the wildlife biologist in your local area (through DFG's San Diego office, in your case) to discuss your options. For more information on living with coyotes and other wildlife without conflicts, please check out our Keep Me Wild campaign at www.dfg.ca.gov/keepmewild

Question: How far off the road must one be to begin hunting or to shoot at an animal? I see guys hunting ditches just off the road for pheasants all the time. Also, what constitutes a "road" for this purpose? (Michael O., Woodland) Answer: According to DFG Lt. Todd Tognazzini, there are several laws that apply to what you describe. The U.S. Forest Service calls for staying off the roadway, and this includes the adjacent right of way areas such as the road shoulder or those areas where service vehicles would travel. County ordinances often define the distance allowed from a public roadway where a firearm may be discharged, and it is usually around 150 feet. This can be highly variable though so I suggest you check with the county sheriff for the area where you'll be hunting to find out. It is always unlawful to negligently discharge a firearm and the California Penal Code, Section 374(c) also prohibits the discharge of a firearm from or upon or along a public road or highway. Definitions for road and roadway can be found in sections 527 and 530 of the California Penal Code. Question: I have an important question regarding the use of "passive" night vision equipment when legally night hunting non-game mammals and non-game birds in the state of California. My research indicates that it is perfectly legal to hunt non-game mammals (e.g. coyote and bobcat) using passive (which means it does not project an infrared beam of light or other artificial light) night vision equipment (e.g. rifle scopes, binoculars, etc.) that do not conflict with the California Penal Code for legal possession. If you believe that my conclusions are in error, please state the applicable regulation and specific verbiage in the law. For the record, is it illegal to use any type of night vision equipment in the state of California while legally hunting big game or non-game animals? Yes or no? (Rick B.) Answer: Yes, it is unlawful to use or possess at any time any infrared or similar light used in connection with an electronic viewing device or any night vision equipment or optical devices. According to Department of Fish and Game (DFG) ret. Captain Phil Nelms, this includes but is not limited to binoculars or scopes that use light-amplifying circuits that are electrical or battery powered to assist in the taking of birds, mammals, amphibians or fish (Fish and Game Code Section 2005(c)). The answer could be no if you consider 9-volt lights, hand-held flashlights, red dot scopes, etc. to be night vision equipment. Fish and Game Commission regulations do authorize the use of lights in some circumstances (see California Code of Regulations, sections 264 and 264.5 starting on page 9 in the 2010-2011 Mammal Hunting Regulations booklet or online at www.dfg.ca.gov/regulations. Please note that the restrictions in this law apply when taking all birds and mammals and includes all such devices that are either electrical or battery powered, including when using lights to take non-game and fur bearing mammals in accordance with CCR sections 264 and 264.5 in the current mammal hunting regulations. This means using any type of night vision equipment (whether attached to the firearm or not) that uses light-amplifying circuits that are electrical or battery powered to assist in the taking of birds, mammals, amphibians or fish is strictly illegal, even when hunting non-game animals.