August 2009 Archives

The state Department of Fish & Game's Q&As:

By Crane Wilson

Carrie Wilson is a marine biologist with the California Department of Fish and Game. Her DFG-related question and answer column appears weekly at www.dfg.ca.gov/QandA. While she cannot personally answer everyones questions, she will select a few to answer each week. Please contact her at 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 eer 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? Any info from you will be most appreciated. 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," you might still be cited for taking deer without a tag if you are observed with your buddies in the field while they are taking deer. Basically, if you are with archery deer hunters and you are carrying a firearm and doing anything defined as "hunt, pursue, catch capture or kill", you will most likely be subject to a citation for take of deer without a tag, or hunting with a firearm during an archery season. Even if you claim that you are taking pig, coyote, ground squirrel or something else, this does not in and of itself protect you from prosecution.

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.

LONG BEACH - The public will be given details Wednesday about the pending construction phase of the Termino Avenue Drain Project.

The meeting will take place from 6 to 8 p.m. in the Wilson High School auditorium, at 4400 E. 10th St..

This public meeting is sponsored by the Long Beach Department of Public Works,
and the Los Angeles County Department of Public Works.

The project involves the construction a storm drain to relieve flooding problems. Construction is scheduled to begin October 13.

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Carrie Wilson is a marine biologist with the California Department of Fish and Game. Her Department of Fish & Game question-and-answer column appears weekly at www.dfg.ca.gov/QandA. While she cannot personally answer all questions, she will select a few to answer each week. Please contact her at CalOutdoors@dfg.ca.gov.

Question: For a couple of years now I have been trying to witness a really good grunion run but I always seem to miss them. Can you tell me where to go and which beaches have been having good grunion runs this year? I dont want to keep any of the fish. I just want to take my son out to see this unusual California event. (Vicki T., Anaheim)

Answer: Yes, when the grunion decide the moon and the tides are all aligned just right for a moonlit frolic, anyone lucky enough to be in the right place at the right time to witness one of their spawning runs will be treated to a crazy, frenzied experience.

Grunion, small silvery fish that usually get to be about five to six inches in length, will ride the waves in onto the beach just after the high tide has peaked. The female quickly drills herself down deep into the sand, depositing sometimes as many as 3,000 eggs as the wave she rode in on recedes. Waiting males then curve their bodies around her on top of the sand to release their milt, and once spawning is complete (about 30 seconds), both fish will ride the next wave back out to sea.

As far as where to find this phenomenon, any sandy wave-swept beach south of Point Conception is a potential grunion spawning beach. Thus, pinpointing with accuracy exactly where you might have the best chance of observing a grunion run will be tough. Grunion run in the middle of the night, and just like fishing, catching a grunion run can be a hit-or-miss affair that simply won't adhere to any predicted schedule we make. At best, we can estimate probable run times and dates based upon the tides and moon phases, but no guarantees. Only the grunion truly know when and where they will decide to run.

You might try checking with the lifeguards working the beaches where you'd like to visit to see if they have seen any signs of recent spawning activity. Check too for any beach curfews as many beaches close at night for safety reasons and are not available to the public.

To see our predicted grunion run calendar and to delve more into learning about this fascinating spawning ritual, fishy facts on grunion, hints for successful grunioning and even some tips on how to prepare and cook them, check out the DFGs Amazing Grunion Web page at www.dfg.ca.gov/marine/grnindx3.asp.

Question: With salmon season essentially closed in most areas, and even catch and release fishing now prohibited, how can a DFG game warden really tell if someone is targeting salmon for catch and release but claiming they are fishing for steelhead? A lot (if not all) of the tackle and methods are the same and one pocket of water can hold both species. I know this may require a rather lengthy explanation, but I feel it will help to educate and empower our fellow anglers so that we may understand and contribute to rebuilding and sustaining our salmon runs for the future. Thank you. (Richard Camacho)

Answer: The determination by the game warden as to whether or not a violation has occurred in their presence will be contingent on the circumstances presented at the time. According to Captain Mark Lucero, the game warden will evaluate the fish species present in the river, the type of gear being utilized and the manner in which the gear is being used.

For example, during the open season when steelhead are present in the river, it is legal for a person to take steelhead utilizing gear that is legal for taking steelhead. If a salmon is hooked but immediately released back into the water, the chances of being arrested are minimal. However, under different circumstances - for instance, if salmon are also in the river, steelhead are absent, the method of take being used is not legal for steelhead or the released salmon does not survive - then an arrest is much more likely.

If a game warden finds someone using gear and angling methods typically used to target salmon (such as flossing or snagging), then the warden may deem that a violation as well. The warden will have to evaluate all the circumstances present at the time when determining whether the elements of a crime are present and a violation has occurred.

Question: My grandson is now 15 years old and will turn 16 in early September. The way I read the big game regulations, he should still be a junior hunter for the 2009 /2010 season. The regulation book doesn't address this clearly. Can you help? (Al C.)

Answer: As long as your grandson buys his junior license prior to his 16th birthday, he's good to go for this year. Once he turns 16, though, he will need to purchase the federal waterfowl stamp (if hunting waterfowl) but will not need to buy state stamps yet. For a list of stamps and definitions of the various licenses, take a look at www.dfg.ca.gov/licensing/hunting/huntdescrip.html. There are also some junior hunts that are only available to those under 16 years of age, regardless of whether a junior license was purchased prior to the hunters 16th birthday.

Councilmen Gary DeLong and Patrick O'Donnell continue to brush aside environmentalists and critics.

Both have encountered considerable criticism for their strong advocacy of the controversial land-swap deal that wetlands owner Tom Dean wanted.

The 5-4 vote apparently was not the end of their wetlands agenda.

On Tuesday, they sought - and got - the council's support to recommend that O'Donnell be given voting power on Los Cerritos Wetlands Authority.

According to a memo DeLong drafted for the council, the LCWA is a joint-powers agency created to administer the acquisition and preservation and maintenance of the wetlands.

The panel is governed by a four-member board qppointed by the Rivers and Mountains Conservancy (RMC), Long Beach, Seal Beach, the State Coastal Conservancy (SCC). However, LCWA voting members cannot be an elected official.

Last year, DeLong and O'Donnell sat on the four-member LCWA, but O'Donnell was removed, after someone learned of the ban.

Tuesday, DeLong pushed for a change, so that O'Donnell could become eligible for appointment to the RMC.

The Conservancy will vote next month on the issue, an the RMC will take the O'Donnell appointment shortly after the Conservancy vote.

Environmentalists opposed DeLong's push, seeking a selection among thier ranks.

Tom Marchese, a commuinity activist and board member of Los Cerritos Land Trust,  asked that veteran environmentalists -- such as former state Coastal Commision chairman Mel Nutter -- be considered as representatives.

O'Donnell seemed receptive to the idea.

However, O'Donnell and DeLong were not supportive of the effort by Councilwomen Gerrie Schipske and Tonia Reyes Uranga --- two strong critics of the land-swap deal Dean wanted --- asked for a week's delay in the vote, so they could take a closer look at DeLong's proposal. Why the rush, they wondered pointedly.

"We have nothing to back this up" Uranga said.

They failed to get a week's delay to obtain the material, but City Manager Patrick West --- pressed by Uranga --- agreed to provide it -- later. 

There were grumblings in the City Council's chamber Tuesday, as the wetlands land-swap deal was being debated.

Most of the slings and arrows were aimed at Councilmen Gary DeLong and Patrick O'Donnell -- both who embraced the controversial deal that wetlands owner Tom Dean wanted.

The 5-4 vote apparently was not the end of the wetlands action.

On Tuesday, the council will consider giving them voting power on Los Cerritos Wetlands Authority:

The following is the staff report to the council:

"The Los Cerritos Wetlands Authority (LCWA) is a joint powers agency created to administer the acquisition and subsequent preservation and maintenance of the Los Cerritos Wetlands area . This entity is governed by a board of four voting members appointed respectively by the Rivers and Mountains Conservancy (RMC), the City of Long Beach, the City of Seal Beach, and the State Coastal Conservancy (SCC) . Currently the LCWA Joint Exercise of Powers Agreement (JPA Agreement) stipulates that the voting members of the Governing Board appointed by the RMC and SCC may not be an elected official, appointed official, or employee of the City of Long Beach or the City of Seal Beach .

"The Rivers and Mountains Conservancy recently approved a resolution to amend the JPA Agreement to delete the exception of the appointment of an elected official from either the City of Long Beach or the City of Seal Beach to the LWCA governing board by either the RMC or the SCC . The RMC believes that over the last several years that the local elected officials of the member cities have exhibited both the interest and experience critical to the success of the LCWA, and do not believe that this restriction is warranted .

This change would allow the Long Beach City representative to the RMC Board, or an official of the City of Seal Beach, to serve on the LCWA . It appears that all four agencies that comprise the LCWA are supportive of this change .

In order for this to become effective, Long Beach would also have to authorize an amendment to the JPA Agreement . Therefore, I am recommending that the City Council authorize the City Manager to execute an amendment to the JPA Agreement to delete the prohibition of appointment of an elected official from either the City of Long Beach or the City of Seal Beach by the RMC or SCC .

Recommended Action : Authorize the City Manager to execute an amendment to the Los Cerritos Wetlands Authority Joint Exercise of Powers Agreement to delete the prohibition of appointment'of an elected official, appointed official or employee from either the City of Long Beach or the City of Seal Beach by the RMC or SCC.

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