California Outdoors for the week of 9/16/2013
Hunting from houseboat
Question: On Lake Shasta, I have heard of incidents where an archer shoots at deer on the shoreline adjacent to a beached houseboat. Is this a violation of Fish and Game Code section 3004, which forbids the discharge of a deadly weapon within 150 yards of an occupied dwelling, residence or building? In addition, people on houseboats often throw out fruit and salad scraps for the deer to eat, so the deer have become conditioned to looking for an easy meal from houseboaters when they beach the boats. The deer wander down close to the houseboats where unscrupulous archers in houseboats or small aluminum boats prowl the shorelines near the houseboats looking for an easy kill. I can’t believe it’s legal to hunt deer from boats like this. What’s the law? Thanks for all you do.
Answer: Archery hunting from boats on Lake Shasta is a common practice and perfectly legal provided certain rules are followed. The lake is managed by the U.S. Forest Service and no hunting is allowed around boat ramps, marinas or campgrounds. Houseboats are considered dwellings (per FGC section 3004), so hunting and discharging a firearm or bow within 150 yards is prohibited unless the hunters have specific permission from the boat’s occupants in advance. Hunting from boats is legal as long as when the hunter is shooting the boat is not moving under the power or influence of a motor or sails (California Code of Regulations Title 14, section 251(a)(1)). Feeding deer and all big game is illegal, and this includes tossing out fruits and salad scraps for the deer (CCR Title 14, section 251.3). If you see any of this illegal activity going on, please call 888-334-CALTIP to report violations.
Dogs hunting fish
Question: Some friends of mine recently sent me photos of their yellow Lab “hunting” fish in a stream. They claim the dog can track and then bite the fish right out of the water. The dog then brings the fish (while still flopping) back up the beach to his master, where the fish then get cleaned and cooked. Apparently, this practice is legal back East where my friends live, so now I’m wondering about California. Can dogs be used/trained to “hunt” fish here? Since this is clearly a kind of “take,” is it legal? If so, what kind of license/tag would one need?
Answer: If you review sections 2.00 – 2.45 in both the freshwater and ocean sport fishing regulation books, you will find the approved methods of take for harvesting fish, and using a dog is not a listed legal option (CCR Title 14, sections 2.00 – 2.45).
Sharing a hunt
Question: My hunting partner has been very assiduous in accumulating points toward a cow elk hunt and estimates that he has two chances in three this year of getting a tag. He invited me along to help cut up the carcass and to share the meat. My question is, Can I can bring a rifle in case a finishing shot is needed? We would only tag one elk in any case, and naturally my hunting partner would get the first shot. He’s a pretty good shot so I expect the animal to go down quickly. I’m just wondering.
Answer: Leave your rifle at home unless you have a tag. The only person authorized to take or assist in taking the elk is the person with the tag.
Question: I recently went to buy a California fishing license and noted I must declare that I have resided in California continuously for the past six months. My issue is I have residences in California, Idaho and Arizona. I utilize all of them during the year but don’t spend more than six months in any one of them. Do I have to buy a non-resident license in all three states? I'm a little confused so can you please clarify the law for my situation?
Answer: California law is clear on the definition of a “resident.” A resident is defined as any person who has resided continuously in California for six months or more immediately before the date of application for a license, or people on active military duty with the armed forces of the United States or an auxiliary branch or Job Corps enrollees.
If you are not a California resident by this definition, you cannot purchase a California resident license. However, if you have an Arizona fishing license with a Colorado River Special Use Stamp affixed to it, you may take fish from a boat or other floating device on the Colorado River or adjacent waters that form the California-Arizona border.
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. Contact her at Cal.Outdoors@wildlife.ca.gov.