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Outdoors Q&A: When Dogs Become Hunters
Q: Is it legal for a dog to grab a wounded duck on the way to the blind before shooting time? Last duck season, a buddy and I were at Wister. At 4 a.m., we started for the blind, and the dog was ahead of us going in and out of the water canals. When my buddy called him back, he showed up with a wounded duck that was still alive. Was it OK to keep that duck? (Bill S)
A: A dog is considered a legal method of take by Department of Fish and Game regulations. Dogs may be used to locate, retrieve and “take” game by catching live game.
According to DFG Northern California Chief Mike Carion, although it is legal for the dog to take game, you have to remember that any game it takes becomes part of the bag. In the scenario you have described, the dog’s take was done before legal hours and would be a technical violation of the law. In addition, if the hunter were to discard the bird, it would be a violation of waste of game laws.
To avoid issues of illegal take (for instance, take before or after season, or before or after legal hours of take), your dog should be on a leash and under control so this scenario doesn’t happen to you.
Cleaning Fish in Lakes and Streams
Q: Occasionally, I see a few knuckleheads who after a great day of fishing will decide to clean their fish and toss the remains into the lake, thus bringing in the sea gulls. You can probably imagine what the fishing is like for the rest of us who want to continue fishing. Is there a regulation regarding fish cleaning in lakes and streams? (George L.)
A: No. While under some circumstances it may attract birds looking for an easy snack and end up spoiling the fishing experiences of anglers close by, this practice does not violate Fish and Game Code. According to game warden Nick Buckler, the code only prohibits the disposal of mammal viscera or carcasses and dead bird carcasses into the state’s waters (FGC section 5652). Depending on the waters, there may be special county park ordinances requiring that all fish cleaning be done at cleaning stations or away from the fishing waters, but there is no state law requiring it.
Can Casting Barbless Teasers Still Be Considered Fishing?
Q: I invited a fishing buddy to go fishing with me this week. He had not yet obtained a license, so we came up with the idea to remove the hooks from one of his swim baits so he could toss it out just as a teaser. It didn’t seem to be considered angling since the regulations say pursue, hunt, capture or attempt to do so (roughly), and that the fish has to voluntarily take hook in mouth and no snagging is allowed. Since we would have no hooks on the lure, is this considered fishing as described in the regulations? (Brian S.)
A: Tell your fishing buddy to do his practice casting onshore or get a license. Click here to get one online.
According to retired Capt. Phil Nelms, based solely on your description, it would not be surprising if a game warden issued him a citation. It appears from the description that he is helping you “take” (e.g. pursue, hunt, capture or attempt to do so) fish, and if so, then he needs a fishing license.
Hunting Marmots in California
Q: Can marmots be hunted in California?
A: Yes, marmots are nongame mammals (rodents) and may be taken by hunters with a current hunting license. Marmots have no seasons or bag limits, but some regulations on hunting hours and methods of take for nongame mammals apply. Check the Mammal Hunting regulations book beginning on Page 43 (see CCR T-14, sections 474-475). Click here to view it online.
Other nongame birds and mammals (not classified as threatened or endangered) that may be legally taken at any time of the year and in any number (except as prohibited in Chapter 6) include: English sparrow, starling, coyote, weasels, skunks, opossum, moles and rodents (excluding tree and flying squirrels, and those listed as furbearers, endangered or threatened species (California Code of Regulations, Title 14, section 472).
— Carrie Wilson is a marine biologist with the California Department of Fish & Game. She can be reached at .(JavaScript must be enabled to view this email address).
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