Fish Report for 1-27-2011

California Outdoors Q & A: Hunting exotic ranch animals on private lands?

1-27-2011
Carrie Wilson

Question: Is it legal to spear leopard sharks from a kayak with a pole spear (better known as a Hawaiian sling)? I know I can legally fish for them here in the Morro Bay area, and I've read that the rules and regulations for fishing also apply to spear fishing. But, can I actually spear them while sitting in my kayak? They cruise about six to 12 inches below the surface while about five to 20 yards off shore. I've seen many of these sharks measuring five feet long and know that I'll probably need to enter the water with the shark after it has been speared in order to land it. Nevertheless, I believe I can do it. Please let me know if this is legal. (Dan W., MorroBay)

Answer: Yes, with the exception of white sharks, it is legal to spear sharks from a kayak (California Code of Regulations Title 14, sections 28.90 and 28.95). Leopard sharks have a bag limit of three and a minimum length requirement of 36 inches.

Question: What is the law in regard to hunting "exotic ranch animals" on private lands? I see an advertisement for hunts (pigs, goats, etc.) with no tags or licenses required. These hunts are offered 24/7 year-round. How can this be legal? (Monty S.)

Answer: Imported animals that are not native to California and that are put behind a confining fence are not classified as either game or non-game wildlife. They are considered domestic animals/livestock and are not covered by state Fish and Game laws, so hunting regulations do not apply and no hunting licenses or tags are required. Feral (domestic animals that have reverted to the wild) goats and a number of other species that have become wild in California are covered under non-game laws (California Code of Regulations Title 14, Section 472). A hunting license is required to take any non-game animals listed in this section. Most of the hunts you describe would fall into the first category. These are generally referred to as "canned hunts" where the animals are turned loose in an area or enclosure where they cannot escape or become feral. In this case, it is not considered hunting and so no license or tags are required. There have been some cases where prohibited species, such as tigers, have been brought unlawfully into California for canned hunts. If the exotic animal is not a prohibited species and not covered under Section 472, then hunting licenses and tags are not required.

Question: This past weekend, a banded speckled-belly goose was taken at my duck club. I'd like to report this banded bird to the authorities. The time, date and place, as well as the tag number seem obvious to report. Is there any other information needed, and who should I report this band to? (Larry L.)

Answer: Since waterfowl are migratory, the U.S. Geological Survey has the responsibility of collecting and analyzing all banding information. Government and private sector scientists and waterfowl managers tag and monitor migratory waterfowl every year. This banding information helps them to assess population numbers and track their movement patterns. You may also be asked to provide information about weather and any other waterfowl the goose was flying with when taken. Please go to www.reportband.gov to report banded birds.

Question: I live on 20 acres out in the country and am thinking about purchasing a .22 rifle so that I can target practice or maybe even hunt on my land. Is it legal for me to do this? (Jerry M.)

Answer: Generally, if you live in an unincorporated area, you may discharge a firearm. However, we strongly recommend that you first check with your county sheriff's office before doing so as there may be county ordinances that prohibit discharging firearms in your particular area. To hunt on your property, you still must have a valid hunting license. If you don't already have one, you will need to first take a hunter education course. In addition, even if hunting on your property, you must still remain at least 150 yards (450 feet) away from any of your neighbors' houses, barns and outbuildings, etc. unless they have given you permission to hunt closer. A .22 caliber rimfire rifle is only legal for a few species, such as rabbits, squirrels and some non-game species. With few exceptions, all federal and California fish and game laws are in effect on all properties regardless of whether they are public or private lands.


Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.


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