Fish and Game Code — Part 7 | FGC — United States — California law | Esheria

Fish and Game Code

Part 7 of 12 · provisions 1,201–1,400

This section says the code is known as the Fish and Game Code.

Jurisdiction
United States — California
Instrument
Code
Citation
FGC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
Commercial Activities Commercial fishing Commercial fishing equipment Definitions Delta conveyance facilities Domesticated Game Breeding Fees Fishing gear possession restrictions Fishing lines Guide licensing Guide qualifications High seas interception Hook limits Indian fishing Marine reserves Public contests Public hearings Salmon processing Territorial coverage access control access restrictions access to land or water account administration account deposits +2,362 more

Statute overview

About this statute

The department must assess salmon escapement on the Eel, Smith, and Klamath River systems, use sonar fish-counting devices on the Klamath River as a three-year test, and report to the Legislature by January 1, 1990. People who process or wholesale sturgeon eggs for human consumption must get a sturgeon egg processing license from the department. The department must issue and deliver a sturgeon egg processing license when an application is made and the base fee is paid. Licensed persons must keep a true, legible record of each sturgeon egg transaction and include specified details about the eggs and related parties. The license holder must keep the documentation required by Section 10002 for two years after receiving the eggs and make it available to the department for inspection during normal business hours.

Read the provisions Ask with citations

Legal text

Provisions of Fish and Game Code

Showing 200 of 2,275

  1. 3502.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to use a mammal other than a dog, or an imitation of a mammal, as a blind when approaching or taking game birds.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3502. It is unlawful to use any mammal (except a dog) or an imitation of a mammal as a blind in approaching or taking game birds. (Enacted by Stats. 1957, Ch. 456.)
  2. 3503.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, unless another provision of the code or a regulation made under it allows it.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3503. It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto. (Amended by Stats. 1971, Ch. 1470.)
  3. 3503.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to take, possess, or destroy birds of prey, or their nests or eggs, except as otherwise provided by the code or regulations.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3503.5. It is unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto. (Added by Stats. 1985, Ch. 1334, Sec. 6.)
  4. 3504.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Selling or buying a game bird or nongame bird is unlawful, except where other parts of the code allow the sale of domestically raised game birds.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3504. Subject to the provisions of this code permitting the sale of domestically raised game birds, it is unlawful to sell or purchase a game bird or nongame bird. (Amended by Stats. 2015, Ch. 154, Sec. 70. (AB 1527) Effective January 1, 2016.)
  5. 3505.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to take, sell, or purchase certain birds or any part of them.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3505. It is unlawful to take, sell, or purchase any aigrette or egret, osprey, bird of paradise, goura, numidi, or any part of such a bird. (Enacted by Stats. 1957, Ch. 456.)
  6. 3508.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to break, train, hold field trials with, or practice dogs on wild or domesticated game birds during the bird’s closed season, unless the commission authorizes it.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3508. It is unlawful to break, train, hold field trials with, or practice dogs on any wild game bird or domesticated game bird during the closed season on that bird except as authorized by the commission. (Amended by Stats. 2003, Ch. 62, Sec. 98. Effective January 1, 2004.)
  7. 3511.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A fully protected bird generally may not be taken or possessed, but the department can allow limited exceptions for scientific research, livestock protection, or possession of legally imported birds under permit.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3511. (a) (1) Except as provided in this section or Section 2081.7, 2081.13, 2081.15, or 2835, a fully protected bird may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected bird, and no permit or license previously issued shall have any force or effect for that purpose. However, the department may authorize the taking of a fully protected bird for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species, and may authorize the live capture and relocation of a fully protected bird pursuant to a permit for the protection of livestock. Before authorizing the take of a fully protected bird, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of that person’s interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. (2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. (3) A legally imported fully protected bird may be possessed under a permit issued by the department. (b) The following are fully protected birds: (1) California black rail (Laterallus jamaicensis coturniculus). (2) California Ridgway’s rail (Rallus obsoletus obsoletus). (3) California condor (Gymnogyps californianus). (4) California least tern (Sterna albifrons browni). (5) Golden eagle. (6) Greater sandhill crane (Grus canadensis tabida). (7) Light-footed clapper rail (Rallus longirostris levipes). (8) Southern bald eagle (Haliaeetus leucocephalus leucocephalus). (9) Trumpeter swan (Cygnus buccinator). (10) White-tailed kite (Elanus leucurus). (11) Yuma clapper rail (Rallus longirostris yumanensis). (Amended by Stats. 2025, Ch. 438, Sec. 2. (AB 697) Effective January 1, 2026.)
  8. 3513.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to take or possess certain migratory birds or their parts, except where permitted by applicable federal rules and regulations that are not inconsistent with this code.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3513. It is unlawful to take or possess any migratory bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2025, any additional migratory bird that may be designated in that federal act after that date, or any part of a migratory bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act before January 1, 2025, or subsequent rules or regulations adopted pursuant to that federal act, unless those rules or regulations are inconsistent with this code. (Repealed and added by Stats. 2025, Ch. 365, Sec. 3. (AB 454) Effective October 6, 2025.)
  9. 3514.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines “exotic nonresident game birds” as certain Galliformes that are not established as a wild resident population in the state.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3514. Exotic nonresident game birds are those birds of the order Galliformes (pheasant, grouse, quail) which are not established as a wild resident population in this State. (Added by Stats. 1959, Ch. 398.)
  10. 3515.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Exotic nonresident game birds may be released in this state only with prior approval from the commission.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3515. Exotic nonresident game birds may be released in this State only on prior approval of the commission. (Added by Stats. 1959, Ch. 398.)
  11. 3516.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may adopt regulations it considers necessary to govern exotic nonresident game birds and to govern inspection of resident game birds imported into the state.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3516. The commission may adopt such regulations as it deems necessary to govern the release, taking, and possession of exotic nonresident game birds. The commission may adopt such regulations as it deems necessary to govern the inspection of resident game birds imported into this State. (Amended by Stats. 1963, Ch. 306.)
  12. 355.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [355 - 357] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may adopt migratory bird regulations annually, and those regulations become effective when filed unless the regulations say otherwise.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [355 - 357] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 355. (a) The commission may annually adopt regulations pertaining to migratory birds to conform with or to further restrict the rules and regulations prescribed pursuant to the Migratory Bird Treaty Act. (b) Regulations adopted under this section are not subject to Sections 11343.4, 11346.1, 11346.4, and 11346.8 of the Government Code. (c) Every regulation of the commission adopted pursuant to this article shall become effective upon filing unless otherwise specified in the regulations. (Amended by Stats. 2023, Ch. 132, Sec. 4. (AB 1760) Effective January 1, 2024.)
  13. 356.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [355 - 357] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Migratory game birds may be taken only in line with federal laws and commission regulations. If no federal agency regulations exist, the commission may set the area, seasons, hours, species, bag and possession limits, and total number that may be taken.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [355 - 357] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 356. (a) Migratory game birds may be taken in conformity with federal laws and regulations and the regulations of the commission adopted pursuant to this article. (b) In the event no regulations are prescribed by the proper federal agency, the commission may determine and fix the area or areas, the seasons and hours, the species, the bag and possession limits, and the total number that may be taken during any open season for the taking of migratory game birds, under rules and regulations adopted by the commission. The rules and regulations shall have the same effect as if enacted by the Legislature. (Amended by Stats. 2023, Ch. 132, Sec. 5. (AB 1760) Effective January 1, 2024.)
  14. 357.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [355 - 357] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The president of the commission may serve as an ex officio member of the Migratory Bird Conservation Commission.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [355 - 357] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 357. The president of the commission may be a member ex officio of the Migratory Bird Conservation Commission created by the act of Congress known as the “Migratory Bird Conservation Act.” (Enacted by Stats. 1957, Ch. 456.)
  15. 3660.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Pheasants [3660- 3660.] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person must not possess an unidentified pheasant carcass while in the field, forest, or certain vehicles when returning from a hunting trip.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Pheasants [3660- 3660.] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3660. It is unlawful for any person to have in his possession the carcass, in such condition that the sex or species cannot be easily determined, of any pheasant while in the field or forest or while upon any highway, train, car, boat, or other conveyance when returning from any hunting trip with gun or other hunting equipment. (Enacted by Stats. 1957, Ch. 456.)
  16. 3680.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person must not purposely take a racing pigeon that is registered with a recognized organization, unless an exception applies.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3680. (a) Except as provided in subdivision (b), any person who purposely takes any racing pigeon that at the time of taking is registered with a recognized organization is guilty of a misdemeanor. (b) This section does not apply to either of the following: (1) The taking of a registered racing pigeon by its owner. (2) The incidental take of a registered racing pigeon while shooting or taking a wild band-tailed pigeon or domestic pigeon (Columba livia). (Amended by Stats. 2023, Ch. 132, Sec. 71. (AB 1760) Effective January 1, 2024.)
  17. 3681.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In Districts 8 and 9, taking ducks or geese below the tidewater’s edge or from certain places is unlawful, except on listed days and when boats are used to retrieve crippled or dead birds.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3681. (a) In Districts 8 and 9, it is unlawful to take a duck or goose below the incoming or outgoing tidewater’s edge, or from any blind, boat, floating device, island, islet, or exposed tidal flat. (b) Subdivision (a) does not apply on Saturdays, Sundays, Wednesdays, holidays, and the opening and closing days during the prescribed open season. (c) Notwithstanding subdivision (a), the use of boats is permitted to retrieve crippled or dead birds. (Amended by Stats. 2023, Ch. 132, Sec. 72. (AB 1760) Effective January 1, 2024.)
  18. 3682.1.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Most people may not take upland game birds unless they first get an upland game bird hunting validation and attach it to a valid hunting license.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3682.1. (a) It is unlawful for any person, except a person licensed pursuant to paragraph (2) of subdivision (a) of Section 3031, to take any upland game bird species without first procuring an upland game bird hunting validation, as provided in subdivision (b), and having the validation affixed to their valid hunting license. (b) (1) Upland game bird hunting validations may be obtained from the department or a licensed agent authorized pursuant to Section 1055.1 for a fee of six dollars and twenty-five cents ($6.25), adjusted pursuant to Section 713. (2) In addition to the fee imposed pursuant to paragraph (1), a fee of ten dollars ($10) is hereby imposed to obtain an upland game bird hunting validation, as adjusted pursuant to Section 713. (Amended by Stats. 2021, Ch. 521, Sec. 4. (AB 614) Effective January 1, 2022.)
  19. 3682.2.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must keep preparing upland game bird stamps once the Automated License Data System is fully implemented. Eligible people may request a free stamp, anyone may buy one for $6.25 (as adjusted by Section 713), and having the stamp does not by itself allow taking upland game bird species.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3682.2. (a) Upon full implementation of the Automated License Data System, the department shall continue to prepare, or have prepared, upland game bird stamps depicting upland game birds. (b) Any person who obtains an upland game bird hunting validation pursuant to Section 3682.1 is entitled, upon request, to receive an upland game bird stamp at no additional charge. (c) Any person may purchase an upland game bird stamp for a fee of six dollars and twenty-five cents ($6.25), as adjusted pursuant to Section 713. (d) Possession of an upland game bird stamp obtained pursuant to this section does not entitle the holder to take any upland game bird species. (Added by Stats. 2001, Ch. 112, Sec. 23. Effective January 1, 2002.)
  20. 3683.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section says which bird species count as upland game birds.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3683. Upland game bird species include both of the following: (a) All of the following resident game birds: (1) Doves of the genus Streptopelia, including, but not limited to, spotted doves, ringed turtledoves, and Eurasian collared doves. (2) California quail and varieties thereof. (3) Gambel’s or desert quail. (4) Mountain quail and varieties thereof. (5) Sooty or blue grouse. (6) Ruffed grouse. (7) Sage hens or sage grouse. (8) White-tailed ptarmigan. (9) Hungarian partridges. (10) Red-legged partridges including the chukar and other varieties. (11) Ring-necked pheasants and varieties thereof. (12) Wild turkeys. (b) All of the following migratory game birds: (1) Jacksnipe. (2) Western mourning doves. (3) White-winged doves. (4) Band-tailed pigeons. (Amended by Stats. 2007, Ch. 285, Sec. 69. Effective January 1, 2008.)
  21. 3684.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section creates the Upland Game Bird Account and directs how related funds must be deposited and used.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3684. (a) The Upland Game Bird Account is hereby established within the Fish and Game Preservation Fund. (b) (1) All funds derived from the sale of upland game bird hunting validations and upland game bird stamps shall be deposited in the Upland Game Bird Account, except as provided in paragraph (2), to permit separate accountability for the receipt and expenditure of these funds. (2) Notwithstanding paragraph (1), ten dollars ($10), as adjusted pursuant to Section 713, for each upland game bird hunting validation sold shall be deposited in the Nesting Bird Habitat Incentive Program Account, created pursuant to Section 3467.5. (c) Funds deposited in the Upland Game Bird Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purpose of acquiring land, completing projects and implementing programs to benefit upland game bird species, and expanding public hunting opportunities and related public outreach, including, but not limited to, enhancing upland game bird habitat. Any land acquired with funds from the Upland Game Bird Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for upland game bird hunting. The department may also use funds from the Upland Game Bird Account to pay for administrative and enforcement costs of the programs and activities described in this section. The amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with administration of the programs and activities described in this section. (d) The department may make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with public and private entities, including nonprofit organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, for the use of the funds from the Upland Game Bird Account to carry out the purposes of this section, including related habitat conservation projects. (e) An advisory committee, as determined by the department, that includes interested nonprofit organizations that have goals and objectives directly related to the management and conservation of game bird species and primarily represent the interests of persons licensed pursuant to Section 3031 shall annually review and provide comments to the department on all projects and other expenditures funded from the Upland Game Bird Account to help ensure that the requirements of this section have been met. The department shall post budget information and a brief description on its internet website for all projects and other expenditures funded from the Upland Game Bird Account. (f) Upland game bird projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or the California Disabled Veteran Business Enterprise Program (Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code). (g) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of funds specified in this section. (Amended by Stats. 2021, Ch. 521, Sec. 5. (AB 614) Effective January 1, 2022.)
  22. 3686.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    For projects authorized under Section 3684, the department may issue grants, contract with nonprofits, or reimburse the controlling entity, but only with approval from the entity controlling the affected property.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Other Species [3680 - 3686] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3686. Projects authorized pursuant to Section 3684 shall be governed by Section 1501.5. With the approval of the entity in control of property affected by a project, the department may make grants to, or enter into contracts with, nonprofit organizations for the accomplishment of those projects, or the department may reimburse the controlling entity for its costs of accomplishing the project. (Amended by Stats. 2010, Ch. 408, Sec. 6. (SB 1058) Effective January 1, 2011.)
  23. 37.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    This section defines “Department” as the Department of Fish and Wildlife.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 37. “Department” means the Department of Fish and Wildlife. (Amended by Stats. 2012, Ch. 559, Sec. 5. (AB 2402) Effective January 1, 2013.)
  24. 3700.1.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. )

    Verify source ↗

    Most people may not take a duck or goose unless they first get a state duck hunting validation and carry it while hunting.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. ) ## 3700.1. (a) It is unlawful for any person, except a person licensed pursuant to paragraph (2) of subdivision (a) of Section 3031, to take a duck or goose without first procuring a state duck hunting validation as provided in subdivision (b), and having that validation in their possession while taking those birds. (b) (1) State duck hunting validations shall be sold for a fee of ten dollars ($10), as adjusted pursuant to Section 713, by the department and by license agents, who are authorized by the department pursuant to Section 1055.1, in the same manner as hunting licenses. (2) In addition to the fee imposed pursuant to paragraph (1), a fee of ten dollars ($10) is hereby imposed to obtain a state duck hunting validation, as adjusted pursuant to Section 713. (Amended by Stats. 2023, Ch. 132, Sec. 73. (AB 1760) Effective January 1, 2024.)
  25. 3700.2.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. )

    Verify source ↗

    The department must keep preparing state duck stamps after the Automated License Data System is fully implemented, and the commission must तयermine the stamp form.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. ) ## 3700.2. (a) Upon full implementation of the Automated License Data System, the department shall continue to prepare, or have prepared, state duck stamps depicting migratory waterfowl. (b) Any person who obtains a duck hunting validation pursuant to Section 3700.1 is entitled, upon request, to receive a state duck stamp, open edition, at no additional charge. (c) Any person may purchase a state duck stamp, open edition, for a fee of ten dollars ($10). (d) State duck stamps, Governor’s edition, may be printed and sold on a bid basis, beginning at a minimum bid, as determined by the department or its representative. (e) The commission shall determine the form of the state duck stamp. (f) Possession of a state duck stamp obtained pursuant to this section does not entitle the holder to take any migratory bird, as defined in Section 3700.1. (g) The department may prepare and sell artwork, posters, and other promotional materials related to the sale of duck stamps or waterfowl hunting and conservation. (Added by Stats. 2001, Ch. 112, Sec. 27. Effective January 1, 2002.)
  26. 3701.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. )

    Verify source ↗

    Money from duck hunting validations, duck stamps, and related authorized items must go into the State Duck Stamp Account, with an exception for a $10 amount from each validation sale that goes to a separate habitat account.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. ) ## 3701. (a) All funds derived from the sale of state duck hunting validations and state duck stamps, and related items authorized by subdivision (g) of Section 3700.2, shall be deposited in the State Duck Stamp Account in the Fish and Game Preservation Fund, except as provided in subdivision (b), to permit separate accountability for the receipt and expenditure of these funds. An amount not to exceed 6 percent of the amount annually deposited in the account may be used for administrative overhead related to the use of those funds and for implementation of the federal Migratory Bird Harvest Program. (b) Ten dollars ($10), as adjusted pursuant to Section 713, of the amount collected by the department for each state duck hunting validation sold shall be deposited in the Nesting Bird Habitat Incentive Program Account, created pursuant to Section 3467.5. (Amended by Stats. 2021, Ch. 521, Sec. 7. (AB 614) Effective January 1, 2022.)
  27. 3702.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. )

    Verify source ↗

    Money in the State Duck Stamp Account must be used only for commission-approved habitat, assessment, and waterfowl research purposes; it may also reimburse nonprofit habitat projects, and the department may give grants or contracts to nonprofits if Section 3704 is satisfied and the contracts are necessary.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. ) ## 3702. Funds deposited in the State Duck Stamp Account shall be used for projects or endowments approved by the commission for the purpose of protecting, preserving, restoring, enhancing, and developing migratory waterfowl breeding and wintering habitat, evaluating habitat projects, and conducting waterfowl resource assessments and other waterfowl related research. These funds may be used to reimburse nonprofit organizations for completed habitat projects. Subject to Section 3704, the department may make grants or enter into contracts with nonprofit organizations for the use of these funds when it finds that the contracts are necessary for carrying out the purposes of this article. (Amended by Stats. 2004, Ch. 713, Sec. 1. Effective January 1, 2005.)
  28. 3702.1.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. )

    Verify source ↗

    A department-determined advisory committee must review and comment on proposed projects funded from the State Duck Stamp Account.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. ) ## 3702.1. An advisory committee, as determined by the department, that includes interested nonprofit organizations that have goals and objectives directly related to the management and conservation of waterfowl species and primarily represent the interests of persons licensed pursuant to Section 3031 shall review and provide comments to the department on all proposed projects funded from the State Duck Stamp Account to help ensure that the requirements of Sections 3702, 3703, and 3704 have been met. (Added by Stats. 2014, Ch. 259, Sec. 2. (SB 1434) Effective January 1, 2015.)
  29. 3702.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. )

    Verify source ↗

    The department may allow individual artists to sell a limited number of prints of duck stamp related artwork or posters.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. ) ## 3702.5. The department may permit individual artists to sell a limited number of prints of duck stamp related artwork or posters. (Amended by Stats. 2023, Ch. 132, Sec. 74. (AB 1760) Effective January 1, 2024.)
  30. 3703.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. )

    Verify source ↗

    The department must analyze certain projects and give the commission feasibility-and-need recommendations before the commission considers them.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. ) ## 3703. Before the commission may consider any project which proposes the use of funds from the State Duck Stamp Account, the department shall analyze such project and provide the commission with recommendations as to the project’s feasibility and need. (Added by Stats. 1970, Ch. 1582.)
  31. 3704.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. )

    Verify source ↗

    The commission must allocate $2.25 from each state duck stamp sale for North American Waterfowl Management Plan purposes in certain Canadian areas.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. ) ## 3704. Two dollars and twenty-five cents ($2.25) of the amount collected by the department for each state duck stamp sold shall be allocated by the commission for the purposes of the North American Waterfowl Management Plan in those areas of Canada from which come substantial numbers of waterfowl migrating to, or through, California. These funds shall be matched with federal or private funds available for that purpose. The available balance of the funds shall be used for any project authorized pursuant to Section 3702 in California. However, any lands acquired in California with those funds shall be open to waterfowl hunting as a public shooting ground or wildlife management area. (Amended by Stats. 2023, Ch. 132, Sec. 75. (AB 1760) Effective January 1, 2024.)
  32. 3704.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. )

    Verify source ↗

    Waterfowl projects are governed by Section 1501.5 and are not subject to certain Public Contract Code and Military and Veterans Code provisions; the department may also fund, contract with, or reimburse nonprofits or the controlling property entity with approval.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. ) ## 3704.5. Waterfowl projects authorized pursuant to Sections 3460 and 3702 shall be governed by Section 1501.5 but, notwithstanding paragraph (1) of subdivision (c) of Section 1501.5, are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. With the approval of the entity in control of property affected by a project, the department may make grants to, or enter into contracts with, nonprofit organizations for the accomplishment of those projects, or the department may reimburse the controlling entity for its costs of accomplishing the project. (Amended by Stats. 2025, Ch. 401, Sec. 4. (AB 1520) Effective January 1, 2026.)
  33. 3705.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. )

    Verify source ↗

    Before funding a project outside the state or outside the United States, the commission must secure evidence that the project is acceptable to the relevant government agency.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Particular Varieties [3660 - 3705] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Migratory Birds [3700.1 - 3705] ( Article 3 added by Stats. 1970, Ch. 1582. ) ## 3705. Before allocating funds to any project to be undertaken outside the state, or outside the United States, the commission shall secure evidence that the project is acceptable to the government agency having jurisdiction over the lands and waters affected by such project. (Added by Stats. 1970, Ch. 1582.)
  34. 375.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. California-Arizona Compact [375- 375.] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may negotiate a compact with Arizona officials about reciprocal hunting and fishing privileges and licenses between Arizona and California.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. California-Arizona Compact [375- 375.] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 375. The commission may negotiate the terms of a compact between the States of Arizona and California with any appropriate officials of the State of Arizona in relation to reciprocal privileges and licenses for hunting and fishing by residents of one of the states within the territorial jurisdiction of the other. The negotiations shall include, but shall not be limited to, provisions relating to sport fishing and the hunting of migratory waterfowl in, on, or along the Colorado River. It is the primary purpose of this section to provide a method whereby the hunting and fishing opportunities afforded by the Colorado River may be mutually enjoyed by the residents of the States of Arizona and California despite the difficulties and inconveniences that result from the fact that the boundary line between the States of Arizona and California is the middle of the channel of the Colorado River. (Enacted by Stats. 1957, Ch. 456.)
  35. 3800.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    This section classifies certain birds as nongame birds and makes it unlawful to take them unless another code provision, commission regulation, or an approved mining mitigation plan allows it.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## 3800. (a) All birds occurring naturally in California that are not resident game birds, migratory game birds, or fully protected birds are nongame birds. It is unlawful to take any nongame bird except as provided in this code or in accordance with regulations of the commission or, when relating to mining operations, a mitigation plan approved by the department. (b) (1) Mitigation plans relating to mining operations approved by the department shall, among other criteria, require avoidance of take, where feasible, and include reasonable and practicable methods of mitigating the unavoidable take of birds and mammals. When approving mitigation plans, the department shall consider the use of the best available technology on a site-specific basis. (2) Mitigation plans relating to mining operations approved by the department shall include provisions that address circumstances where mining operations contribute to bird deaths, including ponding of process solutions on heap leach pads and exposure of process solution channels, solution ponds, and tailing ponds. (3) The mine operator shall prepare a mitigation plan that shall be submitted to the department for approval. For ongoing mining operations, the mitigation plan alone or in conjunction with regulations adopted by the commission shall result in an overall reduction in take of avian or mammal species. The department shall provide an opportunity for public review and comment on each mitigation plan during the department’s approval process. The mitigation plan shall be prepared on a site-specific basis and may provide for offsite mitigation measures designed to reduce avian mortality. The mine operator shall submit monthly monitoring reports on avian mortality to the department to aid in evaluating the effectiveness of onsite mitigation measures. (4) The mining operator shall reimburse the department for its direct costs to provide appropriate notice of the mitigation plan to affected local government entities and other affected parties. The mine operator shall provide the department a limited number of copies, as determined by the department, of the mitigation plan for public review. (c) The department shall monitor and evaluate implementation of the mitigation plan by the mine operator and require modification of the plan or other remedial actions to be taken if the overall reduction in take of avian or mammal species required pursuant to paragraph (3) is not being achieved. (Amended by Stats. 1994, Ch. 768, Sec. 2. Effective January 1, 1995.)
  36. 3801.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    Certain nongame birds may be taken or possessed at any time, but most other people must be licensed to take them; landowners, lessees, and authorized agents are exempt from the hunting-license and depredation-permit requirement when taking listed birds on their own or leased land.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## 3801. (a) Except as provided in Section 3000 and this section, the following nongame birds may be taken or possessed at any time: (1) English sparrow (Passer domesticus). (2) Starling (Sturnus vulgaris). (3) (A) Mute swan (Cygnus olor). (i) A person taking or possessing a mute swan shall be encouraged to report to the department when they take or possess a mute swan. (ii) The department shall collect information about enforcement actions, taken by department personnel, associated with the take and possession of a mute swan. (B) This paragraph shall become inoperative on January 1, 2031. (b) Notwithstanding Section 3007 or any other provision of this code or regulation adopted pursuant to this code requiring the possession of a hunting license, a landowner or lessee, or an agent of either in immediate possession of written authority from the landowner or lessee, shall not be required to obtain a hunting license or a depredation permit to take nongame birds listed in subdivision (a) on land owned or leased by the landowner or lessee. (c) All other persons taking a nongame bird listed in subdivision (a) shall be licensed pursuant to Section 3007. (Amended by Stats. 2025, Ch. 441, Sec. 1. (AB 764) Effective January 1, 2026.)
  37. 3801.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    Certain nongame birds that are damaging crops or property may be taken by the premises owner or tenant, and by specified government officers or employees acting in official capacities.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## 3801.5. Nongame birds not covered by the Migratory Bird Treaty Act which are found to be injuring growing crops or property may be taken by the owner or tenant of the premises. They may also be so taken by officers or employees of the Department of Food and Agriculture or by federal or county officers or employees when acting in their official capacities pursuant to the provisions of the Food and Agricultural Code pertaining to pests, or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code. Landowners and tenants taking birds in accordance with this section are exempt from Section 3007. (Amended by Stats. 1983, Ch. 101, Sec. 34.)
  38. 3801.6.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    It is unlawful to possess any part of a nongame bird, except as otherwise allowed by this code or regulations.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## 3801.6. (a) Except as otherwise provided in this code or regulations adopted pursuant to this code, it is unlawful to possess the carcass, skin, or other part of any nongame bird. The feathers, carcass, skin, or parts of any nongame bird possessed by any person in violation of any of the provisions of this code shall be seized by the department and delivered to a California Native American tribal government or a scientific or educational institution, used by the department, or destroyed. (b) (1) It shall be an affirmative defense to a violation of this section if the possessor of feathers, carcass, skin, or other part of a nongame bird legally acquired the feathers, carcass, skin, or other part, possesses them for tribal, cultural, or spiritual purposes, and satisfies either of the following criteria: (A) The possessor is an enrolled member of a federally recognized Native American tribe or nonfederally recognized California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission and has, in their immediate possession, valid tribal identification or other irrefutable proof of current enrollment. (B) The possessor has a certificate of degree of Indian blood issued by the United States Bureau of Indian Affairs in their immediate possession. (2) Nothing in this section allows any person to sell the feathers, carcass, skin, or other part of a nongame bird. (3) A Native American satisfying the criteria that would constitute an affirmative defense under paragraph (1) may salvage dead nongame birds so long as the person salvaging the nongame bird does not possess, nor is in the company of any person who possesses, a firearm, BB device as defined in Section 16250 of the Penal Code, trap, snare, net archery equipment, device capable of discharging a projectile, or any apparatus designed to take a bird. (4) Salvaging shall not take place by any person involved in the take of the nongame bird to be salvaged, any person present at the time of the take, or by any person who received related information originating from any person present at the time of the take of the nongame bird. (5) Salvaging pursuant to this subdivision shall not take place if a bird has been struck with any thrown or discharged projectile, or trapped, netted, caught, or snared. (c) Notwithstanding subdivisions (a) and (b), an officer deputized pursuant to this code may interrupt an ongoing salvaging of a dead nongame bird carcass, feathers, skin, or part if, in the officer’s judgment, the activity causes a public disruption, safety hazard, or is detrimental to the ability of the department to prevent a possible violation of this section. In that event, the officer may seize the carcass, feathers, skin, or part being salvaged, or may return the carcass, feathers, skin, or part to the general location from where it had been salvaged. (Amended by Stats. 2023, Ch. 132, Sec. 78. (AB 1760) Effective January 1, 2024.)
  39. 3802.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    The department may make cooperative contracts with the U.S. Fish and Wildlife Service and may spend money available for controlling or eradicating predatory birds.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## 3802. The department may enter into cooperative contracts with the United States Fish and Wildlife Service in the Department of the Interior in relation to the control or eradication of predatory birds, and for that purpose may expend any money made available to the department for expenditure for the control or eradication of predatory birds. (Enacted by Stats. 1957, Ch. 456.)
  40. 3803.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    The department may take birds that it believes are unduly preying on birds, mammals, reptiles, amphibians, or fish.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## 3803. The department may take any individual bird, or birds of any species, that, in its opinion, are unduly preying upon any species of bird, mammal, reptile, amphibian, or fish. (Amended by Stats. 2007, Ch. 285, Sec. 72. Effective January 1, 2008.)
  41. 3806.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    The department may issue licenses to allow feeding migratory game birds, and the commission may set regulations and an annual license fee.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Birds [3800 - 3806] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## 3806. In order to aid in relieving widespread waterfowl depredation of agricultural crops, the department may issue licenses under regulations which the commission may prescribe to permit the feeding of migratory game birds. The commission may prescribe an annual fee for the license. (Amended by Stats. 1986, Ch. 1368, Sec. 15.)
  42. 3850.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. )

    Verify source ↗

    The department may carry out a California condor preservation project.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. ) ## 3850. The department may carry out a California condor preservation project which has the following objectives: (a) Habitat protection, consistent with the department’s existing legal authority. (b) Field research, including mortality studies. (c) Captive breeding program. (d) Condor release program. (Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
  43. 3851.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. )

    Verify source ↗

    The department must help develop a plan for condor recovery objectives, then develop specific habitat protection and field research activities and programs, and it may contract for some or all of them.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. ) ## 3851. The department, jointly with the federal-state condor recovery team established pursuant to the federal Endangered Species Act shall develop a plan to respond to the objectives in Section 3850. Based on the plan, the department shall develop specific activities, studies, and programs to be administered by the department in the areas of habitat protection and field research. The department may contract for all or some of these activities, studies, and programs. (Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
  44. 3852.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. )

    Verify source ↗

    The department must provide funds to the Zoological Society of San Diego and the Los Angeles Zoo for condor breeding programs at each zoo.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. ) ## 3852. The department shall provide funds to the Zoological Society of San Diego and to the Los Angeles Zoo for a condor breeding program on the grounds of each zoo. (Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
  45. 3853.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. )

    Verify source ↗

    A condor release program may be contracted to the Zoological Society of San Diego and the Los Angeles Zoo.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. ) ## 3853. In addition to the programs in Section 3852, a condor release program administered by the department and the United States Fish and Wildlife Service may be contracted to the Zoological Society of San Diego and the Los Angeles Zoo. (Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
  46. 3854.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. )

    Verify source ↗

    No more than 10% of the funds provided to the zoos under this chapter may be used for administrative costs.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. ) ## 3854. Not more than 10 percent of the funds provided to the zoos under this chapter may be used for administrative costs of the program. (Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
  47. 3855.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. )

    Verify source ↗

    If authorized by the department, the breeding and release programs must meet department criteria and be monitored by the department. Zoos must file biannual reports to the department on progress in those programs.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. ) ## 3855. Both the breeding program and the release program, if authorized by the department, shall meet criteria established by the department and shall be monitored by the department. The zoos shall submit biannual reports to the department which describe progress made in the breeding program and the release program. (Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
  48. 3856.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. )

    Verify source ↗

    The department must include copies of the zoos’ biannual reports in its annual report to the Legislature on listed species.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. ) ## 3856. The department shall include copies of the biannual reports from the zoos in the annual report to the Legislature on the status of listed species required in Section 2079. (Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
  49. 3857.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. )

    Verify source ↗

    The department must, as far as possible, seek private sector funding and any available federal funds to add to state funds for this chapter.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. ) ## 3857. To the extent possible, the department shall seek private sector funding and any federal funds which may be available to augment state funds for the purposes of this chapter. (Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
  50. 3858.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. )

    Verify source ↗

    This section defines the Northern California Condor Restoration Program and says condor take or possession under that program can also be exempt from Section 3511’s prohibitions if the listed approval conditions are met.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. California Condor [3850 - 3858] ( Chapter 4 added by Stats. 1988, Ch. 88, Sec. 1. ) ## 3858. (a) For purposes of this section, the term “Northern California Condor Restoration Program” means the California condor restoration program in northern California associated with the California Condor Recovery Plan published by the United States Fish and Wildlife Service in April 1996, or a subsequent revision of that plan. (b) Notwithstanding Section 3511, if the take of California condors under the Northern California Condor Restoration Program is exempt from further authorization or approval under Chapter 1.5 (commencing with Section 2050) of Division 3 pursuant to Section 2080.5 or 2080.6, and the director finds the enhancement of survival permit described in subdivision (a) of Section 2080.5 or federal regulations described in paragraph (1) of subdivision (b) of Section 2080.6, as applicable, to be consistent with the objectives and plans developed pursuant to this chapter, the take or possession of California condors under the Northern California Condor Restoration Program shall also be exempt from the prohibitions in Section 3511. (Added by Stats. 2018, Ch. 586, Sec. 2. (AB 2640) Effective January 1, 2019.)
  51. 3860.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Avian Influenza Wildlife Surveillance Act [3860 - 3863] ( Chapter 5 added by Stats. 2006, Ch. 708, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Avian Influenza Wildlife Surveillance Act.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Avian Influenza Wildlife Surveillance Act [3860 - 3863] ( Chapter 5 added by Stats. 2006, Ch. 708, Sec. 1. ) ## 3860. This chapter shall be known, and may be cited, as the Avian Influenza Wildlife Surveillance Act. (Added by Stats. 2006, Ch. 708, Sec. 1. Effective September 29, 2006.)
  52. 3861.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Avian Influenza Wildlife Surveillance Act [3860 - 3863] ( Chapter 5 added by Stats. 2006, Ch. 708, Sec. 1. )

    Verify source ↗

    The state must support a surveillance program for avian influenza in wild bird and animal populations.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Avian Influenza Wildlife Surveillance Act [3860 - 3863] ( Chapter 5 added by Stats. 2006, Ch. 708, Sec. 1. ) ## 3861. The Legislature finds and declares all of the following: (a) Avian influenza and other emerging diseases of wildlife are a serious threat to the people of California. (b) California is home to large populations of migratory birds and other wildlife species. (c) California is a central part of the Pacific Flyway, and a seasonal home to species of birds that migrate to and from Asia, Central America, South America, and other regions. (d) Surveillance of wild birds and animals across the state is a key element among efforts to prevent avian influenza and other emerging wildlife diseases from harming the people and the natural resources of the state. (e) In the interest of public health, the state shall support a surveillance program for avian influenza in wild bird and animal populations. (Added by Stats. 2006, Ch. 708, Sec. 1. Effective September 29, 2006.)
  53. 3862.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Avian Influenza Wildlife Surveillance Act [3860 - 3863] ( Chapter 5 added by Stats. 2006, Ch. 708, Sec. 1. )

    Verify source ↗

    The Natural Resources Agency must develop and implement a plan to surveil, monitor, sample, test, and report avian influenza in wild birds and animals in the state.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Avian Influenza Wildlife Surveillance Act [3860 - 3863] ( Chapter 5 added by Stats. 2006, Ch. 708, Sec. 1. ) ## 3862. The Natural Resources Agency, in consultation with the department, the Department of Food and Agriculture, the State Department of Public Health, the Office of Emergency Services, and the University of California, shall develop and implement a plan for the surveillance, monitoring, sampling, diagnostic testing, and reporting of avian influenza in wild birds and animals in the state. The Natural Resources Agency shall consult with the United States Fish and Wildlife Service and the United States Department of Food and Agriculture in developing the plan. (Amended by Stats. 2013, Ch. 352, Sec. 96. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  54. 3863.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Avian Influenza Wildlife Surveillance Act [3860 - 3863] ( Chapter 5 added by Stats. 2006, Ch. 708, Sec. 1. )

    Verify source ↗

    The Secretary of the Natural Resources Agency must establish the Avian Influenza Working Group, and the group must use the listed early-detection protocol, support coordination work, and carry out specified surveillance and outreach duties.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Avian Influenza Wildlife Surveillance Act [3860 - 3863] ( Chapter 5 added by Stats. 2006, Ch. 708, Sec. 1. ) ## 3863. (a) The Secretary of the Natural Resources Agency shall formally establish the Avian Influenza Working Group to assist in the development of the plan described in Section 3862. The Avian Influenza Working Group shall utilize, as guidance for early detection, the national protocol that has been developed to guide states in developing state-specific plans, known as the Early Detection System for Asian H5N1 Highly Pathogenic Avian Influenza in Wild Migratory Birds. The Avian Influenza Working Group shall also continue, enhance, and facilitate the work already begun by the department, other state departments, and the University of California, to coordinate communication of information and response plans for highly pathogenic avian influenza in wild birds. (b) The Avian Influenza Working Group shall be composed of all of the following members: (1) The Secretary of the Natural Resources Agency, or a designee. (2) The director, or a designee. (3) The Secretary of Food and Agriculture, or a designee. (4) The State Public Health Officer, or a designee. (5) The Director of Emergency Services, or a designee. (6) One representative appointed by the Regents of the University of California. (7) Two representatives from a qualified research organization or other qualified nongovernmental organization appointed by the Secretary of the Natural Resources Agency. (c) The director shall chair the Avian Influenza Working Group. (d) A majority of the Avian Influenza Working Group shall constitute a quorum for the transaction of business. (e) The duties of the Avian Influenza Working Group shall include all of the following: (1) Developing strategies for the detection of, and response to, the avian influenza virus in wild birds in California. (2) Fostering communication among state and federal agencies regarding the avian influenza surveillance program. (3) Developing strategies for public outreach and education. (f) The Avian Influenza Working Group may consult with other public and nonprofit groups potentially affected by avian influenza in wild birds. (Amended by Stats. 2013, Ch. 352, Sec. 97. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  55. 39.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Director” means the Director of Fish and Wildlife.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 39. “Director” means the Director of Fish and Wildlife. (Amended by Stats. 2012, Ch. 559, Sec. 6. (AB 2402) Effective January 1, 2013.)
  56. 390.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Reciprocal Agreements With Adjoining States [390 - 393] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may enter reciprocal agreements with adjoining states’ or counties’ agencies, but only if the Attorney General approves.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Reciprocal Agreements With Adjoining States [390 - 393] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 390. The commission, subject to the approval of the Attorney General, may enter into reciprocal agreements with corresponding state or county official agencies of adjoining states pertaining to the establishment of a basis whereby valid sport fishing licenses issued by the parties to the reciprocal agreements may be used by their licensees within the jurisdiction of either, in accordance with the terms of such agreements. (Enacted by Stats. 1957, Ch. 456.)
  57. 391.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Reciprocal Agreements With Adjoining States [390 - 393] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may share certain information with appropriate federal, state, or local agencies in other states for law enforcement purposes.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Reciprocal Agreements With Adjoining States [390 - 393] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 391. The department may exchange or release to any appropriate federal, state, or local agency or agencies in other states, for purposes of law enforcement, any information collected or maintained by the department under any provision of this code or any regulation adopted pursuant to this code. (Amended by Stats. 2000, Ch. 388, Sec. 1. Effective January 1, 2001.)
  58. 392.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Reciprocal Agreements With Adjoining States [390 - 393] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The director, or a designated representative, may make reciprocal operational agreements with certain Oregon, Nevada, or Arizona law enforcement agencies, and the director may set operational procedures to carry out those agreements.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Reciprocal Agreements With Adjoining States [390 - 393] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 392. (a) The director, or a designated representative, may enter into reciprocal operational agreements with authorized representatives of any Oregon, Nevada, or Arizona state law enforcement agency, including, but not limited to, the Oregon State Police, the Nevada Department of Wildlife, and the Arizona Game and Fish Department, to promote expeditious and effective law enforcement service to the public, and assistance between the members of the department and those agencies, in areas adjacent to the borders of this state and each of the adjoining states pursuant to Section 393. (b) The reciprocal operational agreement shall be in writing and may cover the reciprocal exchange of law enforcement services, resources, facilities, and any other necessary and proper matters between the department and the respective agency. (c) Any agreement shall specify all of the following: (1) The involved departments, divisions, or units of the agencies. (2) The duration and purpose of the agreement. (3) Responsibility for damages. (4) The method of financing any joint or cooperative undertaking. (5) The methods to be employed to terminate an agreement. (d) The director may establish operational procedures in implementation of any reciprocal operational agreement that are necessary to achieve the purposes of the agreement. (Added by Stats. 2009, Ch. 294, Sec. 1. (AB 1442) Effective January 1, 2010.)
  59. 393.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Reciprocal Agreements With Adjoining States [390 - 393] ( Article 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Some adjoining-state law enforcement officers may act as peace officers in California if specified conditions are met.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Reciprocal Agreements With Adjoining States [390 - 393] ( Article 5 enacted by Stats. 1957, Ch. 456. ) ## 393. (a) A regularly employed law enforcement officer of an Oregon, Nevada, or Arizona state law enforcement agency, including, but not limited to, the Oregon State Police, the Nevada Department of Wildlife, or the Arizona Game and Fish Department, is a peace officer in this state, if all of the following conditions are met: (1) The officer is providing, or attempting to provide, law enforcement services within this state, within a distance of up to 50 statute miles of the contiguous border of this state and the state employing the officer, or within waters offshore of this state in the Exclusive Economic Zone. (2) The officer is providing, or attempting to provide, law enforcement services pursuant to either of the following: (A) In response to a request for services initiated by a member of the department. (B) In response to a reasonable belief that emergency law enforcement services are necessary for the preservation of life, and a request for services by a member of the department is impractical to obtain under the circumstances. In those situations, the officer shall obtain authorization as soon as practical. (3) The officer is providing, or attempting to provide, law enforcement services for the purpose of assisting a member of the department in response to misdemeanor or felony criminal activity, pursuant to the authority of a peace officer as provided in subdivision (e) of Section 830.2 of the Penal Code, or, in the event of an emergency incident or other similar public safety problem, whether or not a member of the department is present at the scene of the event. (4) An agreement pursuant to Section 392 is in effect between the department and the agency of the adjoining state employing the officer, the officer acts in accordance with that agreement, and the agreement specifies that the officer and employing agency of the adjoining state shall be subject to the same civil immunities and liabilities as a peace officer and his or her employing agency in this state. (5) The officer receives no separate compensation from this state for providing law enforcement services within this state. (6) The adjoining state employing the officer confers similar rights and authority upon a member of the department who renders assistance within that state. (b) Notwithstanding any other provision of law, a person who is acting as a peace officer in this state in the manner described in this section shall be deemed to have met the requirements of Section 1031 of the Government Code and the selection and training standards of the Commission on Peace Officer Standards and Training, if the officer has completed the basic training required for peace officers in his or her state. (c) A peace officer of an adjoining state shall not provide services within a California jurisdiction during a period in which officers of the department are involved in a labor dispute that results in a formal work slowdown or stoppage. (Amended by Stats. 2015, Ch. 154, Sec. 18. (AB 1527) Effective January 1, 2016.)
  60. 395.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Falconry [395 - 398] ( Article 6 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    The commission may make falconry regulations and manage falconry licenses and permits. A person may not capture, possess, or train covered birds for falconry without a falconry license.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Falconry [395 - 398] ( Article 6 added by Stats. 1957, Ch. 1972. ) ## 395. (a) The commission may adopt regulations for the possession or training, and the capture, importation, exportation, or intrastate transfer, of any bird in the orders Falconiformes and Strigiformes (birds-of-prey) used in the practice of falconry and may authorize the issuance and provide for the revocation of licenses and permits to persons for the practice of falconry. (b) It is unlawful to capture, possess, or train any bird in the orders Falconiformes and Strigiformes (birds-of-prey) in the practice of falconry without procuring a falconry license. (c) Regulations shall not be adopted pursuant to subdivision (a) for the possession, training, capture, importation, exportation, or intrastate transfer of American peregrine falcons used in the practice of falconry unless the Legislature provides an appropriation in the annual Budget Act or another statute for that purpose. (Amended by Stats. 2023, Ch. 59, Sec. 1. (SB 147) Effective July 10, 2023.)
  61. 3950.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    This section lists which animals are game mammals and says the section becomes operative on July 1, 2024.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. ) ## 3950. (a) Game mammals are: deer (genus Odocoileus), elk (genus Cervus), prong-horned antelope (genus Antilocapra), black and brown or cinnamon bears (genus Euarctos), mountain lions (genus Felis), jackrabbits and varying hares (genus Lepus), cottontails, brush rabbits, and pygmy rabbits (genus Sylvilagus), and tree squirrels (genus Sciurus and Tamiasciurus). (b) Nelson bighorn sheep (subspecies Ovis canadensis nelsoni) are game mammals only for the purposes of sport hunting described in subdivision (b) of Section 4902. (c) This section shall become operative on July 1, 2024. (Repealed (in Sec. 12) and added by Stats. 2022, Ch. 469, Sec. 13. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  62. 3950.1.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    The department and commission may not list or treat the mountain lion as a game mammal, and they may not adopt regulations that conflict with this section.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. ) ## 3950.1. (a) Notwithstanding Section 3950 or any other provision of this code, the mountain lion (genus Felis) shall not be listed as, or considered to be, a game mammal by the department or the commission. (b) Section 219 does not apply to this section. Neither the commission nor the department shall adopt any regulation that conflicts with or supersedes this section. (Added June 5, 1990, by initiative Proposition 117, Sec. 3.)
  63. 3951.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    The commission may authorize taking tule elk. When relocating tule elk, the department must place them in suitable areas, cooperate with agencies and property owners, and manage herds at biologically sound levels when property or environmental damage occurs.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. ) ## 3951. The commission may authorize the taking of tule elk pursuant to Section 332. When relocating tule elk, the department shall relocate the elk in areas suitable to them in the state and shall cooperate to the maximum extent possible with federal and local agencies and private property owners in relocating tule elk in suitable areas under their jurisdiction or ownership. When property or environmental damage occurs, emphasis shall be placed on managing each tule elk herd at a biologically sound level through the use of relocation, regulated hunting, or other appropriate methods, individually or in combination, as determined by the department in accordance with the statewide elk management plan developed pursuant to Section 3952, after consulting with local landowners. The number of tule elk in the Owens Valley shall not be permitted to increase beyond 490, or any greater number hereafter determined by the department to be the Owens Valley’s holding capacity in accordance with game management principles. (Amended by Stats. 2003, Ch. 291, Sec. 2. Effective January 1, 2004.)
  64. 3952.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    The department must develop a statewide elk management plan and consider listed factors when doing so.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. ) ## 3952. The department shall develop a statewide elk management plan, consistent with the state’s wildlife policy as set forth in Section 1801. The statewide elk management plan shall emphasize maintaining sufficient elk populations in perpetuity, while considering all of the following: (a) Characteristics and geographic range of each elk subspecies within the state, including Roosevelt elk, Rocky Mountain elk, and tule elk. (b) Habitat conditions and trends within the state. (c) Major factors affecting elk within the state, including, but not limited to, conflicts with other land uses. (d) Management activities necessary to achieve the goals of the plan and to alleviate property damage. (e) Identification of high priority areas for elk management. (f)Methods for determining population viability and the minimum population level needed to sustain local herds. (g) Description of the necessary contents for individual herd management plans prepared for high priority areas. (Added by Stats. 2003, Ch. 291, Sec. 3. Effective January 1, 2004.)
  65. 3953.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    This section creates the Big Game Management Account and sets rules for how related tag and validation revenues must be handled and reported.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. ) ## 3953. (a) The Big Game Management Account is hereby established within the Fish and Game Preservation Fund. (b) Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or validations, shall be deposited into the Big Game Management Account to permit separate accountability for the receipt and expenditure of these funds. Within 30 days of the date of the sale, the selling nonprofit organization shall send the department 95 percent of the total auction sale price of the tag or validations, with an itemized receipt showing the sale price and the 5-percent reduction retained by the nonprofit organization as a vendor’s fee. (c) Funds deposited into the Big Game Management Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purposes set forth in this section and Sections 3951 and 3952, and Chapter 5 (commencing with Section 450) of Division 1, Chapter 7 (commencing with Section 4650), and Chapter 11 (commencing with Section 4900), including acquiring land, completing projects, implementing programs to benefit antelope, elk, deer, bear, and sheep, or the use of hunting to manage wild pigs, and expanding public hunting opportunities and related public outreach. Any land acquired with funds from the Big Game Management Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for antelope, elk, deer, wild pig, bear, and sheep hunting. The department may also use funds from the Big Game Management Account to pay for administrative and enforcement costs of the programs and activities described in this section. The amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with administration of the programs and activities described in this section. (d) The department may make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with public and private entities, including nonprofit organizations, and federally recognized Indian tribes for the use of the funds from the Big Game Management Account to carry out the purposes of this section, including related habitat conservation projects. In acting pursuant to that authorization, the department shall consider the state’s biodiversity goals. (e) An advisory committee, as determined by the department, that includes interested nonprofit organizations that have goals and objectives directly related to the management and conservation of big game species and primarily represent the interests of persons licensed pursuant to Section 3031 shall review and provide comments to the department on all proposed projects funded from the Big Game Management Account to help ensure that the requirements of this section are met. The department shall post budget information and a brief description on an internet website for all projects funded from the Big Game Management Account. (f) A big game project authorized pursuant to this section is not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (g) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of funds specified in this section. (h) This section shall become operative on July 1, 2024. (Amended (as added by Stats. 2022, Ch. 469, Sec. 15) by Stats. 2023, Ch. 132, Sec. 79. (AB 1760) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  66. 396.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Falconry [395 - 398] ( Article 6 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    A falconry license is valid for the license year starting July 1 and ending on the last day of June, and if issued after July 1 it lasts for the rest of that license year.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Falconry [395 - 398] ( Article 6 added by Stats. 1957, Ch. 1972. ) ## 396. (a) The falconry license shall be valid for a license year beginning on July 1 and ending on the last day of June of the next succeeding calendar year. If issued after July 1 of any year, a falconry license is valid for the remainder of that license year. (b) For the license years beginning on or after March 1, 1987, the fee for a falconry license is a base fee of thirty dollars ($30) as adjusted under Section 713. (Amended by Stats. 2007, Ch. 285, Sec. 7. Effective January 1, 2008.)
  67. 3960.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    This section makes it unlawful to let a dog pursue certain mammals, gives the department power to capture or dispatch dogs in specific situations, and requires owner notice within 72 hours if the dog has identification.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. ) ## 3960. (a) As used in this section: (1) “Pursue” means pursue, run, or chase. (2) “Bear” means any black bear (Ursus americanus) found in the wild in this state. (b) It is unlawful to permit or allow any dog to pursue any big game mammal during the closed season on that mammal, to pursue any fully protected, rare, or endangered mammal at any time, to pursue any bear or bobcat at any time, or to pursue any mammal in a game refuge or ecological reserve if hunting within that refuge or ecological reserve is unlawful. (c) The department may take any of the following actions: (1) Capture any dog not under the reasonable control of its owner or handler, when that uncontrolled dog is pursuing, in violation of this section, any of the following mammals: (A) A big game mammal. (B) A bear or bobcat. (C) A fully protected, rare, or endangered mammal. (2) Capture or dispatch any dog inflicting injury or immediately threatening to inflict injury to any of the following mammals, under the specified conditions: (A) A big game mammal, during the closed season on that mammal. (B) A bear or bobcat, at any time. (C) A fully protected, rare, or endangered mammal, at any time. (D) A mammal in a game refuge or ecological reserve, if hunting within that refuge or ecological reserve is unlawful. (d) No criminal or civil liability shall accrue to any department employee as a result of enforcement of this section. (e) This section does not apply to the use of dogs to pursue bears or bobcats by federal, state, or local law enforcement officers, or their agents or employees, when carrying out official duties as required by law. (f) If a dog captured or dispatched pursuant to this section has identification, its owner shall be notified within 72 hours after capture or dispatch. (Amended by Stats. 2023, Ch. 132, Sec. 80. (AB 1760) Effective January 1, 2024.)
  68. 3960.2.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    This section limits how many dogs may be used with a depredation permit for bears or bobcats and sets reporting, handling, and compensation rules for permit holders.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. ) ## 3960.2. (a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960. (b) Notwithstanding Section 3960, not more than three dogs may be used to pursue bears or bobcats pursuant to a depredation permit issued by the department, if all of the following conditions are met: (1) The applicant demonstrates, in writing, that nonlethal and avoidance measures were undertaken prior to requesting the depredation permit. (2) The applicant demonstrates, in writing, the specific need for the use of dogs in carrying out the depredation permit. (3) The depredation permit authorizing the use of dogs is valid for the take of one bear or one bobcat. (4) The depredation permit authorizing the use of dogs is valid for a period not to exceed 20 consecutive days. (5) The depredation permit specifies the name and address of any dog handler who will be utilized in the pursuit or taking. (6) The dog handler has the depredation permit in his or her possession at all times during the pursuit or taking. (7) The dog handler does not pursue a bear or bobcat more than one mile off the property on which the depredation activity occurred. (c) After any taking of a bear, the applicant is required to submit the skull to the department as described in the department’s Black Bear Management Plan. No part of any bear taken pursuant to a depredation permit may be sold, purchased, or possessed for sale, as described in Section 4758. (d) No holder of a depredation permit may solicit or receive compensation from any person in exchange for carrying out the terms of the permit. For these purposes, “compensation” means remuneration paid in money, property, or anything else of value. (e) The holder of a depredation permit, within 30 days of its issuance, shall report to the department detailing the use of the permit and the results of any pursuits, including information about bear or bobcat pursued and whether the bear or bobcat was or was not harmed, but not killed. (Added by Stats. 2012, Ch. 595, Sec. 3. (SB 1221) Effective January 1, 2013.)
  69. 3960.4.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    The department may authorize certain groups to use dogs to pursue bears or bobcats for scientific research if the project meets listed safeguards, and the department must give public notice at least 30 days before any authorized project starts.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. ) ## 3960.4. (a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960. (b) Notwithstanding Section 3960, the department may authorize qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to use dogs to pursue bears or bobcats for the purpose of scientific research, provided that the research project is designed to do all of the following: (1) Contribute to knowledge of natural wildlife ecosystems. (2) Follow best practices and minimize disruptions in the lives and movements of bears, bobcats, and other wildlife, as well as impacts to the habitat while maintaining the applicant’s objectives. (3) Directly or indirectly support the sustainability and survival of bear or bobcat populations and healthy ecosystems. (4) Not include the intentional injury or killing of any bear or bobcat. (5) Not include the intentional relocation of any bear or bobcat other than to areas suitable to them in the state. Any relocation shall comply with the requirements of Section 4190. (c) Any research project authorized pursuant to subdivision (b) shall be undertaken pursuant to a memorandum of understanding between the department and the authorized research entity that addresses all of the following: (1) Trapping and anesthetizing of the animals pursued, collection of diagnostic samples, attaching or surgically implanting monitoring or recognition devices or markings, and providing veterinary care or euthanasia, as required, for the health, safety, and humane treatment of the animals. (2) Qualifications of onsite field supervisors necessary for carrying out authorized research procedures. (3) Immediate reporting of any incidental mortality or injury to a bear or bobcat as a result of authorized research activities. Reports of any incidental mortality or injury to a bear or bobcat shall be made available to the public upon request. (4) Filing of annual and final progress reports of research involving pursuit by dogs. Annual and final progress reports shall be made available to the public upon request. (d) The department shall provide notice to the public of any bear or bobcat research project authorized pursuant to subdivision (b) at least 30 days prior to its initiation, and, upon request, shall make available to the public copies of the memorandum of understanding between the department and the authorized research entity required pursuant to subdivision (c). (Added by Stats. 2012, Ch. 595, Sec. 4. (SB 1221) Effective January 1, 2013.)
  70. 3960.6.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    This section defines “bear” and “pursue” by reference to Section 3960 and says certain dogs may pursue bears or bobcats when they are guarding livestock or crops under the listed conditions.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. ) ## 3960.6. (a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960. (b) Notwithstanding Section 3960, the pursuit of bears or bobcats by dogs that are guarding or protecting livestock or crops on property owned, leased, or rented by the owner of the dogs, is not prohibited if the dogs are maintained with, and remain in reasonable proximity to, the livestock or crops being guarded or protected. (Added by Stats. 2012, Ch. 595, Sec. 5. (SB 1221) Effective January 1, 2013.)
  71. 3961.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    If no department employee is present, certain landholders or their employees may seize or dispatch a dog that is injuring or threatening deer, elk, or prong-horned antelope during the closed season, subject to extra limits for tagged dogs. The dog’s owner must be notified within 72 hours in some cases, and lawful seizure or dispatch creates no civil or criminal action.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Game Mammals [3950 - 3961] ( Chapter 1 added by Stats. 1957, Ch. 1972. ) ## 3961. (a) Whenever an employee of the department is not present to carry out the provisions of Section 3960 with respect to any dog inflicting injury or immediately threatening to inflict injury to any deer, elk, or prong-horned antelope during the closed season for these mammals, any property owner, lessee, person holding a permit for the purpose of grazing livestock, or their employee, may seize or dispatch the dog if it is found on their land or premises without the permission of the person who is in immediate possession of the land. If the dog has on it any readily visible identification tag or license tag as prescribed by Section 30951 of the Food and Agricultural Code, and the dog is found in the act of immediately threatening to injure deer, elk, or prong-horned antelope, the dog may only be dispatched under this section if the dog has, and the owner has been notified that the dog has, previously threatened any of these species. (b) No action, civil or criminal, shall be maintained for a dog lawfully seized or dispatched pursuant to this section. (c) The owner of a dog shall be notified within 72 hours of the seizure or dispatching of that dog under this section if it had the identification tag or license tag which is required pursuant to Section 30951 of the Food and Agricultural Code. (Amended by Stats. 2023, Ch. 132, Sec. 81. (AB 1760) Effective January 1, 2024.)
  72. 3965.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Exotic Game Mammals [3965- 3965.] ( Chapter 1.5 added by Stats. 2022, Ch. 469, Sec. 16. )

    Verify source ↗

    This section defines exotic game mammals to include wild pigs, including feral pigs and European wild boar, and says the section becomes operative on July 1, 2024.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Exotic Game Mammals [3965- 3965.] ( Chapter 1.5 added by Stats. 2022, Ch. 469, Sec. 16. ) ## 3965. (a) Exotic game mammals include wild pigs, including feral pigs and European wild boar (genus Sus) described in Section 4650. (b) This section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 469, Sec. 16. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  73. 397.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Falconry [395 - 398] ( Article 6 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    The department must prepare and submit falconry reports by set deadlines after an appropriation is made, and it must collect data needed for those reports.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Falconry [395 - 398] ( Article 6 added by Stats. 1957, Ch. 1972. ) ## 397. (a) On or before three years after the date the Legislature makes an appropriation for purposes of this section, and then again on or before eight years after the date the Legislature makes an appropriation for purposes of this section, the department shall prepare a report and submit each of the reports to the relevant legislative policy and budget committees in both houses of the Legislature. The reports shall provide data and information regarding the status of the American peregrine falcon in the state and its use in falconry. The purpose of the reports is to provide a comprehensive overview of the impact of changes in falconry law and regulations on the practice of falconry. The reports shall include all of, but are not limited to, the following information: (1) The regulatory status of falconry and any commission or department action related to regulatory development. (2) (A) Compiled data regarding the use of all American peregrine falcons, including hybrids, in falconry in the state, and compiled data regarding the use of all raptors in falconry in the state. (B) The compiled data shall be obtained from the information falconers submit to the department regarding raptor acquisition and disposition, including raptor capture, recapture, and release; possession; and hunting take pursuant to licensing. The compiled data shall be reported by species and the source of the bird, such as captive-bred, and include all take. (C) The compiled data provided for the practice of falconry is intended to provide context for the data provided for the American peregrine falcon. (3) Retention rates for falconers of all levels. (4) Fee revenue from all sources related to falconry, and costs associated with falconry, including regulatory development, and to administer and implement the regulations by the commission and the department. (5) Department enforcement information, as applicable, including any violations cited. (b) The department shall collect all relevant, appropriate, and sufficient data necessary to evaluate falconry and the impact of the change in the regulations on falconry necessary to prepare the reports, and to justify the amount of the license fees assessed, including information about data collection and enforcement costs. Data collection efforts shall avoid duplication and use data collected for other purposes, including the development of regulations, to the extent feasible. (c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (d) The implementation of this section is contingent upon an appropriation for its purposes by the Legislature in the annual Budget Act or another statute. (Added by Stats. 2022, Ch. 471, Sec. 2. (SB 945) Effective January 1, 2023.)
  74. 398.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Falconry [395 - 398] ( Article 6 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    The base year for the inflationary index used for the fee in Section 396 is the 1984–85 fiscal year.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Falconry [395 - 398] ( Article 6 added by Stats. 1957, Ch. 1972. ) ## 398. The base year for determining the inflationary index applied to the fee established by Section 396 shall be the 1984–85 fiscal year. (Amended by Stats. 2023, Ch. 132, Sec. 6. (AB 1760) Effective January 1, 2024.)
  75. 399.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3.5. Emergency Regulations [399- 399.] ( Chapter 3.5 added by Stats. 2016, Ch. 546, Sec. 20. )

    Verify source ↗

    The commission may use an emergency procedure to adopt, amend, or repeal a regulation after at least one hearing if it makes one of two required findings.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3.5. Emergency Regulations [399- 399.] ( Chapter 3.5 added by Stats. 2016, Ch. 546, Sec. 20. ) ## 399. Notwithstanding any other provision of this code, the commission, when adopting, amending, or repealing a regulation pursuant to authority vested in it by this code, may, after at least one hearing, adopt, amend, or repeal that regulation pursuant to Section 11346.1 of the Government Code, if it makes either of the following findings: (a) That the adoption, amendment, or repeal is necessary for the immediate conservation, preservation, or protection of birds, mammals, fish, amphibians, or reptiles, including, but not limited to, their nests or eggs. (b) That the adoption, amendment, or repeal is necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Added by Stats. 2016, Ch. 546, Sec. 20. (SB 1473) Effective January 1, 2017.)
  76. 4.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    Headings do not affect the scope, meaning, or intent of the code provisions.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 4. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1957, Ch. 456.)
  77. 400.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Acceptance of Federal Acts [400 - 401] ( Chapter 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    California assents to a federal wildlife-restoration act, and the department may carry out needed project acts only with commission approval and in compliance with that act. Hunter license fee funds may not be used for other purposes.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Acceptance of Federal Acts [400 - 401] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## 400. The State of California hereby assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes,” approved September 2, 1937 (Public Law 415, 75th Congress). The department, with the approval of the commission, shall perform any acts needed to conduct or establish cooperative wildlife-restoration projects, as defined in that act of Congress, in compliance with that act and rules and regulations adopted under that act, and funds accruing to the State of California from license fees paid by hunters shall not be diverted for a purpose other than the administration of the department and the protection, propagation, preservation, and investigation of fish and wildlife. (Amended by Stats. 2015, Ch. 154, Sec. 19. (AB 1527) Effective January 1, 2016.)
  78. 4000.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    This section lists which animals count as fur-bearing mammals.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4000. The following are fur-bearing mammals: pine marten, fisher, mink, river otter, gray fox, red fox, kit fox, raccoon, beaver, badger, and muskrat. (Amended by Stats. 2007, Ch. 285, Sec. 73. Effective January 1, 2008.)
  79. 4001.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    It is unlawful for any person to trap fur-bearing mammals for recreation or for commerce in fur, and the raw fur of a fur-bearing mammal taken under the code may not be sold.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4001. Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any fur-bearing mammal for purposes of recreation or commerce in fur. The raw fur of a fur-bearing mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code may not be sold. (Added by Stats. 2019, Ch. 216, Sec. 5. (AB 273) Effective January 1, 2020.)
  80. 4002.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    Fur-bearing mammals may be taken only by trap, firearm, bow and arrow, poison under a proper permit, or with dogs.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4002. Fur-bearing mammals may be taken only with a trap, a firearm, bow and arrow, poison under a proper permit, or with the use of dogs. (Amended by Stats. 1959, Ch. 980.)
  81. 4003.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    Using poison to take fur-bearing mammals is unlawful unless the department has issued a permit.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4003. It is unlawful to use poison to take fur-bearing mammals without a permit from the department. The department may issue such a permit upon a written application indicating the kind of poison desired to be used and the time and place of use. (Enacted by Stats. 1957, Ch. 456.)
  82. 4004.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    This section forbids several trapping practices, including certain trap types, improper trap marking, failing to check traps daily, oversized conibear traps except in limited cases, missing warning signs, and killing trapped mammals by specified prohibited methods.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4004. It is unlawful to do any of the following: (a) Use a steel-jawed leghold trap, or use any trap with saw-toothed or spiked jaws. (b) Set or maintain a trap that does not bear a number or other identifying mark as provided in this subdivision. If the trap is set pursuant to Section 4152 or 4180, it shall bear an identifying mark in a manner specified by the department. In all other cases, the trap shall bear a number or other identifying mark registered to the department, or, in the case of a federal, state, county, or city agency, bear the name of that agency. No registration fee shall be charged pursuant to this subdivision. (c) Fail to visit and remove all animals from traps at least once daily. If the trapping is done pursuant to Section 4152 or 4180, the inspection and removal shall be done by the person who sets the trap, the owner of the land where the trap is set, or an agent of either. (d) (1) Use a conibear trap that is larger than 6 inches by 6 inches, unless partially or wholly submerged in water. (2) Notwithstanding paragraph (1), a lawfully set conibear trap that is 10 inches by 10 inches or less may be set pursuant to subdivision (g) of Section 465.5 of Title 14 of the California Code of Regulations, unless prohibited by the department as a permit condition. (e) When any conibear trap is set on publicly owned land or land expressly open to public use, fail to post signs at each entrance and exit to the property indicating the presence of conibear traps and at least four additional signs within a radius of 50 feet of each trap, one in each cardinal direction, with lettering that is a minimum of three inches high stating: “Danger! Traps Set For Wildlife. Keep Out.” Signs required to be posted by this subdivision shall be maintained and checked daily. (f) Kill any trapped mammal in accordance with this section by intentional drowning, injection with any chemical not sold for the purpose of euthanizing animals, or thoracic compression, commonly known as chest crushing. This subdivision does not apply to the use of a lawfully set conibear trap that is set partially or wholly submerged in water to trap beaver or muskrat, or the use of a lawfully set colony trap that is set in water to trap muskrat. (Amended by Stats. 2023, Ch. 132, Sec. 82. (AB 1760) Effective January 1, 2024.)
  83. 4005.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    People who trap certain mammals generally need a trapping license, and raw fur generally may not be sold.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4005. (a) Except as otherwise provided in this section, every person who traps fur-bearing mammals or nongame mammals, designated by the commission, shall procure a trapping license. Raw fur of fur-bearing and nongame mammals may not be sold. For purposes of this article, “raw fur” means any fur, pelt, or skin that has not been tanned or cured, except that salt-cured or sun-cured pelts are raw furs. (b) The department shall develop standards that are necessary to ensure the competence and proficiency of applicants for a trapping license. A person shall not be issued a license until the person has passed a test of their knowledge and skill in this field. (c) Persons trapping mammals in accordance with Section 4152 or 4180 are not required to procure a trapping license except when providing trapping services for profit. (d) No raw furs taken by persons providing trapping services for profit may be sold. (e) The license requirement imposed by this section does not apply to any of the following: (1) Officers or employees of federal, county, or city agencies or the department, when acting in their official capacities, or officers or employees of the Department of Food and Agriculture when acting pursuant to the Food and Agricultural Code pertaining to pests or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code. (2) Structural pest control operators licensed pursuant to Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code, when trapping rats, mice, voles, moles, or gophers. (3) Persons and businesses licensed or certified by the Department of Pesticide Regulation pursuant to Chapter 4 (commencing with Section 11701) and Chapter 8 (commencing with Section 12201) of Division 6 of, and Chapter 3.6, (commencing with Section 14151) of Division 7 of, the Food and Agricultural Code, when trapping rats, mice, voles, moles, or gophers. (f) Except for species that are listed pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 or Chapter 8 (commencing with Section 4700), nothing in this code or regulations adopted pursuant thereto shall prevent or prohibit a person from trapping any of the following animals: (1) Gophers. (2) House mice. (3) Moles. (4) Rats. (5) Voles. (Amended by Stats. 2019, Ch. 216, Sec. 7. (AB 273) Effective January 1, 2020.)
  84. 4006.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    Trapping licenses are issued for set fee categories, with a reciprocity restriction for nonresidents, and the commission must adjust the fees to recover administrative costs without exceeding them.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4006. (a) A trapping license shall be issued as follows: (1) To any resident of this state over the age of 16 years upon payment of a base fee of forty-five dollars ($45), as adjusted under Section 713. (2) To any resident of this state under the age of 16 years upon payment of a base fee of fifteen dollars ($15), as adjusted under Section 713. (3) To any person not a resident of this state upon payment of a base fee of two hundred twenty-five dollars ($225), as adjusted under Section 713. (b) A license shall not be issued to a nonresident if the state in which he or she resides does not provide for issuance of a nonresident trapping license to California residents. Also, a nonresident issued a license under this subdivision may take only those species, and may take or possess only that quantity of a species that a resident of California may take or possess under a nonresident trapping license or permit in the state of residence of that nonresident. (c) The commission shall adjust the amount of the fees specified in subdivision (a), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses. (Amended by Stats. 2012, Ch. 565, Sec. 17. (SB 1148) Effective January 1, 2013.)
  85. 4007.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    A trapping license lets the licensed person take fur-bearing mammals and nongame mammals for the stated license term.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4007. A trapping license authorizes the person to whom it is issued to take fur-bearing mammals and nongame mammals for a term of one year from July 1st, or if issued after the beginning of the term, for the remainder of the term. (Amended by Stats. 2019, Ch. 216, Sec. 8. (AB 273) Effective January 1, 2020.)
  86. 4008.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    A trapping license cannot be issued within one year after a previous trapping license expires unless the applicant submits a sworn statement to the department listing the number of each kind of fur-bearing and nongame mammals taken under the previous license.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4008. No trapping license shall be issued to any applicant within one year following the expiration of any trapping license previously issued to such applicant unless the applicant has submitted to the department a sworn statement showing the number of each kind of fur-bearing mammals and nongame mammals taken under the previous license. (Amended by Stats. 2019, Ch. 216, Sec. 9. (AB 273) Effective January 1, 2020.)
  87. 4009.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    It is unlawful to remove or disturb a licensee’s trap while it is being used on public land or on land where the licensee has permission to trap.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4009. It is unlawful to remove or disturb the trap of any licensee while the trap is being used by the licensee on public land or on land where the licensee has permission to trap. This section does not apply to any employee of the department while engaged in the performance of official duties. (Amended by Stats. 1983, Ch. 1048, Sec. 2. Effective September 26, 1983.)
  88. 4009.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    The commission may adopt necessary regulations to regulate the taking of fur-bearing mammals or nongame mammals taken under a trapping license.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4009.5. The commission may adopt regulations as it determines to be necessary to regulate the taking of fur-bearing mammals or nongame mammals taken under a trapping license. (Amended by Stats. 2019, Ch. 216, Sec. 10. (AB 273) Effective January 1, 2020.)
  89. 401.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Acceptance of Federal Acts [400 - 401] ( Chapter 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may do acts needed for cooperative fish restoration projects with commission approval, and fishermen’s license-fee funds cannot be diverted to unrelated uses.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Acceptance of Federal Acts [400 - 401] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## 401. The State of California hereby assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes,” approved August 9, 1950 (Public Law 681, 81st Congress). The department, with the approval of the commission, may perform any acts needed to conduct or establish cooperative fish restoration projects, as defined in that act of Congress, in compliance with that act and rules and regulations adopted under that act, and funds accruing to the State of California from license fees paid by fishermen shall not be diverted for a purpose other than the administration of the department and the protection, propagation, preservation, and investigation of fish and wildlife. (Amended by Stats. 2015, Ch. 154, Sec. 20. (AB 1527) Effective January 1, 2016.)
  90. 4010.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    This section says the chapter does not apply to, and does not prohibit, propagating fur-bearing mammals that are confined under commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4010. The provisions of this chapter do not apply to, or prohibit the propagation of, fur-bearing mammals which are confined in accordance with the regulations of the commission. (Enacted by Stats. 1957, Ch. 456.)
  91. 4011.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    Certain officials may take fur-bearing, game, and nongame mammals when dangerous disease outbreaks are involved; county officials need prior approval from the director or designee.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4011. (a) Fur-bearing mammals, game mammals, and nongame mammals, when involved in dangerous disease outbreaks, may be taken by duly constituted officials of any of the following: (1) The United States Department of Agriculture. (2) The United States Department of the Interior. (3) The United States Department of Health and Human Services. (4) The Department of Food and Agriculture. (5) The State Department of Public Health. (6) The department. (b) A county official may take fur-bearing mammals, game mammals, and nongame mammals pursuant to this section, upon the prior approval of the director or his or her designee and in a manner approved by the director or his or her designee. (Amended by Stats. 2009, Ch. 294, Sec. 12. (AB 1442) Effective January 1, 2010.)
  92. 4012.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

    Verify source ↗

    It is unlawful to take any red fox for profitmaking purposes.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) ## 4012. It is unlawful to take any red fox for profitmaking purposes. (Amended by Stats. 2007, Ch. 285, Sec. 76. Effective January 1, 2008.)
  93. 4030.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. Beaver Restoration Program [4030- 4030.] ( Article 2 added by Stats. 2024, Ch. 705, Sec. 2. )

    Verify source ↗

    The department must have a beaver restoration program, if the Legislature appropriates money for it.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Fur-Bearing Mammals [4000 - 4030] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. Beaver Restoration Program [4030- 4030.] ( Article 2 added by Stats. 2024, Ch. 705, Sec. 2. ) ## 4030. (a) Subject to an appropriation by the Legislature for these purposes, there shall be in the department a program to promote beaver restoration across California by advising on policies and guidelines relating to beavers, coordinating restoration efforts, integrating methods to avoid or alleviate human-beaver conflict, relocating beavers into watersheds, and consulting with beaver restoration program partners. (b) As used in this article, “beaver restoration program partners” means local, state, and federal agencies, nonprofit organizations, federally recognized tribes, nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission, academic programs, and other entities. (Added by Stats. 2024, Ch. 705, Sec. 2. (AB 2196) Effective January 1, 2025.)
  94. 41.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “District” means fish and game district.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 41. “District” means fish and game district. (Enacted by Stats. 1957, Ch. 456.)
  95. 4150.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    This section defines “nongame mammal” and bars any person from trapping nongame mammals for fur-related recreation or commerce, and from selling raw fur from such animals.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. ) ## 4150. (a) A mammal occurring naturally in California that is not a game mammal, exotic game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. (b) Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any nongame mammal for purposes of recreation or commerce in fur. The raw fur of a nongame mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code shall not be sold. For purposes of this subdivision, “raw fur” has the same meaning as defined in Section 4005. (c) This section shall become operative on July 1, 2024. (Repealed (in Sec. 17) and added by Stats. 2022, Ch. 469, Sec. 18. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  96. 4151.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    A house cat found inside a fish and game refuge counts as a nongame mammal, unless it is in its owner's residence or on the owner's adjacent grounds.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. ) ## 4151. Any house cat (Felis domesticus) found within the limits of any fish and game refuge is a nongame mammal, unless it is in the residence of its owner or upon the grounds of the owner adjacent to such residence. (Amended by Stats. 1971, Ch. 1470.)
  97. 4152.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    Certain people may take listed nongame mammals that are harming crops or property, but raw furs taken under this section cannot be sold and traps must be checked daily.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. ) ## 4152. (a) Except as provided in Section 4005, nongame mammals and black-tailed jackrabbits, muskrats, subspecies of red fox that are not the native Sierra Nevada red fox (Vulpes vulpes necator), and red fox squirrels that are found to be injuring growing crops or other property may be taken at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant thereof. They may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities pursuant to the Food and Agricultural Code pertaining to pests, or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code. Persons taking mammals in accordance with this section are exempt from Section 3007, except when providing trapping services for a fee. Raw furs, as defined in Section 4005, that are taken under this section, shall not be sold. (b) Traps used pursuant to this section shall be inspected and all animals in the traps shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set or an agent of either. (c) This section does not apply to bobcats. (Amended by Stats. 2019, Ch. 766, Sec. 1. (AB 1254) Effective January 1, 2020.)
  98. 4153.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    The department may make cooperative agreements with state or U.S. agencies to control harmful nongame mammals, and may take mammals it believes are unduly preying on birds, mammals, or fish. The section does not apply to bobcats.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. ) ## 4153. (a) The department may enter into cooperative agreements with any agency of the state or the United States for the purpose of controlling harmful nongame mammals. (b) The department may take any mammal that, in its opinion, is unduly preying upon any bird, mammal, or fish. (c) This section does not apply to bobcats. (Amended by Stats. 2019, Ch. 766, Sec. 2. (AB 1254) Effective January 1, 2020.)
  99. 4154.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    The department may make cooperative contracts with the U.S. Fish and Wildlife Service to control or eradicate nongame mammals, and may spend money made available for that purpose.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. ) ## 4154. (a) The department may enter into cooperative contracts with the United States Fish and Wildlife Service in the Department of the Interior for the purpose of controlling or eradicating any nongame mammal, and may expend any money made available to the department for that purpose. (b) This section does not apply to bobcats. (Amended by Stats. 2023, Ch. 132, Sec. 83. (AB 1760) Effective January 1, 2024.)
  100. 4155.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    Bobcat trapping, sale, and export are restricted in specified areas and on private land without written consent, while the commission must update regulations and set cost-recovering fees.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. ) ## 4155. (a) Beginning January 1, 2014, it shall be unlawful to trap a bobcat, or attempt to do so, or to sell or export a bobcat taken in the area surrounding Joshua Tree National Park, defined as follows: East and South of State Highway 62 from the intersection of Interstate 10 to the intersection of State Highway 177; West of State Highway 177 from the intersection of State Highway 62 to the intersection with Interstate 10; North of Interstate 10 from State Highway 177 to State Highway 62. (b) (1) Through the commission’s next regularly scheduled mammal hunting and trapping rulemaking process occurring after January 1, 2014, the commission shall amend its regulations to prohibit the trapping of bobcats adjacent to the boundaries of each national or state park and national monument or wildlife refuge in which bobcat trapping is prohibited. (2) Commencing January 1, 2016, the commission shall consider whether to prohibit bobcat trapping within, and adjacent to, preserves, state conservancies, and any additional public or private conservation areas identified to the commission by the public as warranting protection. The commission, as necessary, shall amend its regulations through its next subsequently scheduled mammal hunting and trapping rulemaking process to prohibit bobcat trapping in any area determined by the commission to warrant protection. (3) The commission shall delineate the boundaries of an area in which bobcat trapping is prohibited pursuant to paragraph (1) or (2) using readily identifiable features, such as highways or other major roads, such as those delineated for Joshua Tree National Park in subdivision (a). (c) The prohibition on the trapping of bobcats in the areas designated pursuant to subdivisions (a) and (b) shall not apply to the taking of a bobcat by an employee of the department acting in an official capacity, to a taking in accordance with the conditions of a scientific, educational, or propagation permit pursuant to Section 1002 by the holder of that permit, or to the lawful taking of a bobcat found to be injuring crops or other property, pursuant to Section 4152, another provision of this code, or a regulation adopted pursuant to this code. (d) Notwithstanding Section 2016 or any other provision of this code, on and after January 1, 2014, it shall be unlawful to trap a bobcat, or attempt to do so, on private land not belonging to the trapper without the express written consent of the owner of that property. The placing or possession of a trap or the possession of a bobcat on land is prima facie evidence of a violation of this subdivision. (e) Consistent with the requirements of subdivision (c) of Section 4006, the commission shall set trapping license fees and associated fees, including, but not limited to, shipping tags required pursuant to Section 479 of Chapter 6 of Subdivision 2 of Division 1 of Title 14 of the California Code of Regulations, for the 2014–15 season, and any subsequent seasons in which bobcat trapping is allowed, at the levels necessary to fully recover all reasonable administrative and implementation costs of the department and the commission associated with the trapping of bobcats in the state, including, but not limited to, enforcement costs. (f) This section does not limit the ability of the department or the commission to impose additional requirements, restrictions, or prohibitions related to the taking of bobcats, including a complete prohibition on the trapping of bobcats pursuant to this code. (Amended by Stats. 2015, Ch. 154, Sec. 73. (AB 1527) Effective January 1, 2016.)
  101. 4156.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    A person generally may not hunt, trap, or otherwise take a bobcat, except for listed exceptions.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. ) ## 4156. (a) Except as provided in Section 4157 and notwithstanding any other law, it is unlawful for a person to hunt, trap, or otherwise take a bobcat. (b) The prohibitions of this section shall not apply to any of the following: (1) The take of a bobcat by a law enforcement officer or licensed veterinarian acting in the course and scope of official duty. (2) The take of a bobcat based on a good faith belief that the take was necessary to protect a person from immediate bodily harm from the bobcat if both of the following conditions are met: (A) The person who committed the take notifies the department within five days after the take. (B) A bobcat or part of the bobcat taken pursuant to this subdivision is not retained, sold, or removed from the site of the take without the authorization from the department. (3) The take of a bobcat pursuant to Section 3960.2, 3960.6, or 4181. (4) The take of a bobcat pursuant to Section 1002 or 3960.4. (5) The take of a bobcat pursuant to Chapter 2 (commencing with Section 2116) of Division 3. (6) The take of a bobcat by the department for the protection of a species listed as endangered or threatened under the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3). (Added by Stats. 2019, Ch. 766, Sec. 4. (AB 1254) Effective January 1, 2020.)
  102. 4157.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    The commission may open a bobcat hunting season, but only after legislative funding and starting January 1, 2025. Before any season opens, the commission must review impacts, require nonlethal management, adopt the department’s bobcat plan, consider resident values, and assess costs. It must also set fees to recover costs for later seasons.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. ) ## 4157. (a) Upon appropriation of funds by the Legislature for purposes of this section, commencing January 1, 2025, the commission may open a bobcat hunting season in any area determined by the commission to require a hunt. (b) Before opening a bobcat hunting season in any area, the commission shall do all of the following: (1) Consider the potential impacts of a bobcat hunting season, including the effects on all of the following: (A) Bobcat populations. (B) Bobcats’ wild prey. (C) Disease abatement, including, but not limited to, hantavirus. (D) The control of invasive species, especially nutria. (2) Require the implementation of effective nonlethal management strategies to address public safety and livestock conflicts related to bobcats. (3) Adopt the bobcat management plan developed by the department pursuant to Section 4158. (4) Consider state residents’ values with regard to the trophy hunting of bobcats. (5) Assess the costs to the department and the commission associated with bobcat hunting, including the administrative, implementation, and enforcement costs. (c) Consistent with the requirements of Section 3031 and pursuant to Sections 713 and 1050, the commission shall set hunting license fees and associated fees for any subsequent seasons in which bobcat hunting is allowed, at the levels necessary to fully recover all the reasonable administrative and implementation costs of the department and the commission associated with the hunting of bobcats in the state. (d) This section does not limit the ability of the department or the commission to impose additional requirements, restrictions, or prohibitions related to the take of bobcats. (Added by Stats. 2019, Ch. 766, Sec. 5. (AB 1254) Effective January 1, 2020.)
  103. 4158.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. )

    Verify source ↗

    Before a bobcat hunting season can open under Section 4157, the department must develop a bobcat management plan if the Legislature appropriates funds.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 1. Nongame Mammals [4150 - 4158] ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. ) ## 4158. (a) Before opening a bobcat hunting season pursuant to Section 4157, the department, in consultation with other relevant state agencies, local governments, federal agencies, nongovernmental organizations, landowners, and scientific entities, shall develop, upon appropriation by the Legislature, a bobcat management plan to inform and coordinate management decisions regarding bobcat populations. The bobcat management plan shall use credible science and utilize an ecosystem-based approach. The bobcat management plan shall be submitted by the department to the commission and the Legislature and shall include all of the following: (1) A current statewide bobcat population estimate based on the best available science. (2) An assessment of the overall health of the statewide bobcat population. (3) A comprehensive strategy to manage bobcat populations and their habitat throughout the state, including, but not limited to, an assessment of the effects of climate change, such as from drought and wildfires; rodenticides; and human development on the state’s bobcats, the bobcats’ prey, and the bobcats’ habitats. The comprehensive strategy shall utilize the principles of adaptative management and incorporate recommendations for monitoring. (4) An investigation of efficacious nonlethal solutions to prevent bobcat predation on livestock, primarily chickens or other domestic animals that the Department of Food and Agriculture deems needing widespread protections from bobcats. (5) Recommendations for regulatory or statutory changes necessary to implement the bobcat management plan. (b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2019, Ch. 766, Sec. 6. (AB 1254) Effective January 1, 2020.)
  104. 4180.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Fur-bearing mammals injuring property may be taken, except as Section 4005 provides, but raw furs taken under this section may not be sold. Traps used under the section must be inspected and animals removed at least once daily by the trap setter, the landowner, or either one’s agent.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4180. (a) Except as provided for in Section 4005, fur-bearing mammals that are injuring property may be taken at any time and in any manner in accordance with this code or regulations made pursuant to this code. Raw furs, as defined in Section 4005, that are taken under this section, shall not be sold. (b) Traps used pursuant to this section shall be inspected and all animals in the traps shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set or an agent of either. (Amended by Stats. 2007, Ch. 285, Sec. 78. Effective January 1, 2008.)
  105. 4180.1.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to use a snare, hook, barbed wire, or fire on an immature depredator mammal while it is in its den, except that certain fire-ignited gas cartridges or similar products are allowed.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4180.1. (a) It is unlawful to do either of the following to an immature depredator mammal while it is in its den: (1) Use a snare, hook, or barbed wire to remove the mammal. (2) Use fire to kill the mammal. (b) Nothing in this section shall prohibit the use of fire-ignited gas cartridges or other products registered or permitted under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). (Amended by Stats. 2023, Ch. 132, Sec. 84. (AB 1760) Effective January 1, 2024.)
  106. 4180.2.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In this article, “wild pigs” means the meaning given in Section 4650.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4180.2. As used in this article, “wild pigs” has the meaning set forth in Section 4650. (Added by Stats. 2023, Ch. 132, Sec. 85. (AB 1760) Effective January 1, 2024.)
  107. 4181.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Owners or tenants whose property is being damaged or threatened by certain animals may apply for a permit to kill them, and the department must issue permits when evidence supports it, subject to stated limits.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4181. (a) Except as provided in Section 4181.1, any owner or tenant of land or property that is being damaged or destroyed or is in danger of being damaged or destroyed by elk, bear, bobcat, beaver, wild pig, wild turkeys, or gray squirrels may apply to the department for a permit to kill the animals. Subject to the limitations in subdivisions (b) and (d), the department, upon satisfactory evidence of the damage or destruction, actual or immediately threatened, shall issue a revocable permit for the taking and disposition of the animals under regulations adopted by the commission. The permit shall include a statement of the penalties that may be imposed for a violation of the permit conditions. Animals so taken shall not be sold or shipped from the premises on which they are taken except under instructions from the department. An iron-jawed or steel-jawed or any type of metal-jawed trap shall not be used to take any bear or bobcat pursuant to this section. Poison of any type shall not be used to take any gray squirrel or wild turkey pursuant to this section. The department shall designate the type of trap to be used to ensure the most humane method is used to trap gray squirrels. The department may require trapped squirrels to be released in parks or other nonagricultural areas. It is unlawful for any person to violate the terms of any permit issued under this section. (b) The permit issued for taking bears or bobcats pursuant to subdivision (a) shall contain the following facts: (1) Why the issuance of the permit was necessary. (2) What efforts were made to solve the problem without killing the bears or bobcats. (3) What corrective actions should be implemented to prevent a reoccurrence. (c) With respect to wild pigs, the department shall provide an applicant for a depredation permit to take wild pigs or a person who reports taking wild pigs pursuant to subdivision (b) of Section 4181.1 with written information that sets forth available options for wild pig control, including, but not limited to, depredation permits, allowing periodic access to licensed hunters, and holding special hunts authorized pursuant to Section 4188. The department may maintain and make available to these persons lists of licensed hunters interested in wild pig hunting and lists of nonprofit organizations that are available to take possession of depredating wild pig carcasses. The department shall not limit the number of wild pigs to be taken under a depredation permit or based on the sex of the wild pig. (d) With respect to elk, the following procedures shall apply: (1) Before issuing a depredation permit pursuant to subdivision (a), the department shall do all of the following: (A) Verify the actual or immediately threatened damage or destruction. (B) Provide a written summary of corrective measures necessary to immediately alleviate the problem. (C) Determine the viability of the local herd, and determine the minimum population level needed to maintain the herd. (D) Ensure the permit will not reduce the local herd below the minimum. (E) Work with affected landowners to develop measures to achieve long-term resolution while maintaining viability of the herd. (2) After completing the statewide elk management plan pursuant to Section 3952, the department shall use the information and methods contained in the plan to meet the requirements of subparagraphs (C), (D), and (E) of paragraph (1). (Amended by Stats. 2022, Ch. 469, Sec. 19. (SB 856) Effective January 1, 2023.)
  108. 4181.1.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section lets certain people immediately take bears or wild pigs that are actively harming livestock or property, but it requires reporting to the department and making the carcass available.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4181.1. (a) Any bear that is encountered while in the act of inflicting injury to, molesting, or killing, livestock may be taken immediately by the owner of the livestock or the owner’s employee if the taking is reported no later than the next working day to the department and the carcass is made available to the department. (b) Notwithstanding Section 4652, any wild pig that is encountered while in the act of inflicting injury to, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to immediately damage or destroy, land or other property, including, but not limited to, rare, threatened, or endangered native plants, wildlife, or aquatic species, may be taken immediately by the owner of the livestock, land, or property or the owner’s agent or employee, or by an agent or employee of any federal, state, county, or city entity when acting in their official capacity. The person taking the wild pig shall report the taking no later than the next working day to the department and shall make the carcass available to the department. Unless otherwise directed by the department and notwithstanding Section 4657, the person taking a wild pig pursuant to this subdivision, or to whom the carcass of a wild pig taken pursuant to this subdivision is transferred pursuant to subdivision (c), may possess the carcass of the wild pig. The person in possession of the carcass shall make use of the carcass, which may include an arrangement for the transfer of the carcass to another person or entity, such as a nonprofit organization, without compensation. The person who arranges this transfer shall be deemed to be in compliance with Section 4304. It is the intent of the Legislature that nothing in this subdivision shall be interpreted to authorize a person to take wild pigs pursuant to this subdivision in violation of a state statute or regulation or a local zoning or other ordinance that is adopted pursuant to other provisions of law and that restricts the discharge of firearms. (c) The department shall make a record of each report made pursuant to subdivision (a) or (b) and may have an employee of the department investigate the taking or cause the taking to be investigated. The person taking a wild pig shall provide information as deemed necessary by the department. Upon completion of the investigation, the investigator may, upon a finding that the requirements of this section have been met with respect to the particular bear or wild pig taken under subdivision (a) or (b), issue a written statement to the person confirming that the requirements of this section have been met. The person who took the wild pig may transfer the carcass to another person without compensation. (d) Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758. (e) Nothing in this section prohibits federal, state, or county trappers from killing or trapping bears when the bears are killing or molesting livestock, but no iron-jawed or steel-jawed or any type of metal-jawed trap shall be used to take the bear, and no person, including employees of the state, federal, or county government, shall take bear with iron-jawed or steel-jawed or any type of metal-jawed traps. (Amended by Stats. 2023, Ch. 132, Sec. 86. (AB 1760) Effective January 1, 2024.)
  109. 4181.2.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must develop statewide guidelines to help determine damage caused by wild pigs.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4181.2. For the purposes of this article relating to damage caused by wild pigs, “damage” means loss or harm resulting from injury to person or property. The department shall develop statewide guidelines to aid in determining the damage caused by wild pigs. The guidelines shall consider various uses of the land impacted by pigs. (Added by Stats. 1997, Ch. 481, Sec. 3. Effective January 1, 1998.)
  110. 4181.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Landowners or tenants whose property is being damaged by deer may apply for a permit, and the department must issue one if it has satisfactory evidence; the permit lasts up to 60 days and comes with tag and weapon rules.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4181.5. (a) Any owner or tenant of land or property that is being damaged or destroyed or is in immediate danger of being damaged or destroyed by deer may apply to the department for a permit to kill those deer. The department, upon satisfactory evidence of actual or immediately threatened damage or destruction shall, pursuant to regulations adopted by the commission, issue a revocable permit for the taking and disposition of those deer, for a designated period not to exceed 60 days. (b) The regulations of the commission shall include provisions concerning the type of weapons to be used to kill the deer. The weapons shall be those as will ensure humane killing, but the regulations of the commission shall provide for the use of a sufficient variety of weapons to permit the designation of particular types to be used in any particular locality commensurate with the need to protect persons and property. Firearms using .22-caliber rimfire cartridges may be used only when authorized by the director or the director’s designee. No pistols shall be used. (c) The caliber and type of weapon to be used by each permittee shall be specified in each permit by the issuing officer who shall take into consideration the location of the area, the necessity for clean kills, the safety factor, local firearms ordinances, and other factors that apply. Rifle ammunition used shall have expanding bullets; shotgun ammunition shall have only single slugs, or, if authorized by the department, 0 or 00 buckshot. (d) At the time a permit is issued pursuant to subdivision (a), the department shall issue tags similar to those provided for in Section 4331. The permittee shall carry the tags while hunting the deer for which the permit was issued, and upon killing any deer, shall immediately do all of the following: (1) Fill out both parts of the tag, and clearly punch out the date of the kill. (2) Attach one part of the completed tag to the antlers of antlered deer, or to the ear of any other deer, and keep that part of the tag attached to the deer until 10 days after the permit has expired. (3) Obtain a countersignature on the other part of the tag pursuant to Section 4341. (4) Send the countersigned part of the tag to the department. (e) A permit issued pursuant to this section may be renewed only after a finding by the department that further damage has occurred or will occur, unless that permit is renewed. A person seeking renewal of the permit pursuant to this subdivision shall do all of the following: (1) Account for all prior tags previously issued with all prior permits. (2) If any of the previously issued tags are unused, show either of the following: (A) That any deer previously killed pursuant to a previously issued permit could not reasonably have been tagged. (B) Why the killing was not accomplished within the time allotted for that killing, and why the killing would be accomplished under a new time period. (Amended by Stats. 2023, Ch. 132, Sec. 87. (AB 1760) Effective January 1, 2024.)
  111. 4185.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In parts of San Bernardino and Riverside Counties, bears may be taken at any time with traps only if the traps are within a proper fence around beehives and warning signs are posted at each entrance; metal-jawed traps are not allowed.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4185. In any district or part of a district within San Bernardino and Riverside Counties, bears may be taken at any time with traps within a good and substantial fence, as such fence is described in Section 17121 of the Food and Agricultural Code, surrounding beehives, if no part of the fence is at a distance greater than 50 yards from a beehive, and if a conspicuous sign is posted and maintained at each entrance to the enclosed premises to give warning of the presence of the traps. No iron or steel-jawed or any type of metal-jawed trap shall be used to take bear under this section. (Amended by Stats. 1983, Ch. 101, Sec. 35.)
  112. 4186.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The owner or tenant of land, or someone they authorize in writing, may take cottontail or brush rabbits when crops or forage on that land are being damaged. A non-owner/tenant transporting rabbits from the property must carry written authority, and rabbits taken under this section may not be sold.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4186. Nothing in this code prohibits the owner or tenant of land, or any person authorized in writing by that owner or tenant, from taking cottontail or brush rabbits during any time of the year when damage to crops or forage is being experienced on that land. Any person other than the owner or tenant of the land shall have in possession when transporting rabbits from the property, written authority from the owner or tenant of land where those rabbits were taken. Rabbits taken under this section shall not be sold. (Amended by Stats. 2007, Ch. 285, Sec. 82. Effective January 1, 2008.)
  113. 4188.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    When certain landowners or tenants apply for permits to take wild pigs, wild turkeys, or deer, the department must notify them about access options for licensed hunters. The commission may authorize permits for licensed hunters, and the department must investigate permit details before permits are issued.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4188. (a) If a landowner or tenant applies for a permit under Section 4181 to take wild pigs or wild turkeys, or under Section 4181.5 to take deer, the department shall notify the applicant about available options for allowing access by licensed hunters, including, but not limited to, access authorized pursuant to Article 3 (commencing with Section 1570) of Chapter 5 of Division 2 to control wild pigs, wild turkeys, and deer. (b) The commission, in lieu of a permit described in subdivision (a), and with the consent of, or upon the request of, the landowner or tenant, may pursuant to appropriate regulation authorize the issuance of permits to persons holding valid hunting licenses to take wild pigs, wild turkeys, or deer in sufficient numbers to stop the damage or threatened damage. Before issuing permits to licensed hunters, the department shall investigate and determine the number of permits necessary, the territory involved, the dates of the proposed hunt, the manner of issuing the permits, and the fee for the permit. (Amended by Stats. 2023, Ch. 132, Sec. 88. (AB 1760) Effective January 1, 2024.)
  114. 4190.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must permanently and distinctly mark large depredatory mammals that it relocates, or that are relocated with its approval, for game management purposes.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Nongame Mammals and Depredators [4150 - 4190] ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. ) ## ARTICLE 2. Depredators [4180 - 4190] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4190. The department shall tag, brand, or otherwise identify in a persistent and distinctive manner any large depredatory mammal relocated by, or relocated with the approval of, the department for game management purposes. (Amended by Stats. 2006, Ch. 538, Sec. 184. Effective January 1, 2007.)
  115. 43.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    This section defines “ecosystem-based management” as an environmental management approach based on credible science.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 43. “Ecosystem-based management” means an environmental management approach relying on credible science, as defined in Section 33, that recognizes the full array of interactions within an ecosystem, including humans, rather than considering single issues, species, or ecosystem services in isolation. (Added by Stats. 2012, Ch. 559, Sec. 7. (AB 2402) Effective January 1, 2013.)
  116. 4301.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Taking Deer [4301 - 4304] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines “deer” and restricts sale, purchase, and transport for sale of deer meat in the state, with listed exceptions and import/labeling requirements.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Taking Deer [4301 - 4304] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 4301. (a) As used in this section, “deer” includes any animal of the family Cervidae. (b) Except as otherwise provided in this section, it is unlawful to sell, purchase, or transport for the purpose of sale any deer meat in this state whether fresh, smoked, canned, or preserved by any means. (c) The prohibition in subdivision (b) does not apply to the following: (1) Conduct authorized by provisions of this code permitting the sale of domestically raised game mammals. (2) Fallow deer meat processed by a slaughterer in accordance with Chapter 4 (commencing with Section 18650) of, and Chapter 4.1 (commencing with Section 18940) of, Part 3 of Division 9 of the Food and Agricultural Code. (3) Deer meat imported into this state from a foreign country for the purpose of preparing and selling for human consumption a product commonly known and properly labeled as venison jerky, deer jerky, venison salami, or deer salami. (d) All deer meat imported into this state shall meet all of the sanitary and inspection requirements for wholesomeness, except an antemortem inspection, but including a postmortem inspection, as required for other meat imported for human consumption. (e) The deer meat shall be in an identifiable condition and accompanied by a bill of lading, showing the name of the consignor, the consignee, and the weight of the deer meat shipped. A copy of the bill of lading shall be delivered to the nearest office of the department either prior to, or not later than, two days from the date of receipt of the deer meat. (f) No deer meat imported into this state may leave the premises of the original consignee unless written permission is received from the department, or unless it is processed into the form of the product commonly known as jerky or salami. (Amended by Stats. 2023, Ch. 132, Sec. 89. (AB 1760) Effective January 1, 2024.)
  117. 4302.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Taking Deer [4301 - 4304] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    People who take a deer must keep the part of the head that normally bears the antlers during the open season and for 15 days after, and must show it to an authorized officer on demand.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Taking Deer [4301 - 4304] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 4302. Any person taking a deer shall retain possession of that portion of the deer’s head that in adult males normally bears the antlers, during the open season for that deer and for 15 days thereafter, and shall produce that portion of the head upon the demand of any officer authorized to enforce the provisions of this code. (Amended by Stats. 2023, Ch. 132, Sec. 90. (AB 1760) Effective January 1, 2024.)
  118. 4303.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Taking Deer [4301 - 4304] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Deer skins or hides from lawfully taken deer may be sold, purchased, tanned, manufactured into articles for sale, or donated to certain veterans’ organizations for rehabilitation use.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Taking Deer [4301 - 4304] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 4303. The skin or hide of any deer lawfully taken may be sold, purchased, tanned, or manufactured into articles for sale. Skins or hides of deer lawfully taken may be donated at any time to veterans’ organizations or veterans’ service committees for use by veterans for rehabilitation purposes. (Amended by Stats. 1970, Ch. 111.)
  119. 4304.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Taking Deer [4301 - 4304] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section prohibits taking deer and leaving only the head, hide, antlers, or horns from the carcass, and it also prohibits carelessly or neglectfully allowing certain game animals or their edible flesh to go to waste.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 1. Taking Deer [4301 - 4304] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 4304. (a) No person shall capture or destroy any deer and detach or remove from the carcass only the head, hide, antlers, or horns. (b) No person shall through carelessness or neglect leave any game mammal, exotic game mammal, or game bird that is in that person’s possession, or any of the flesh of that animal usually eaten by humans, to go needlessly to waste. (c) The provisions of this section do not apply to game mammals taken pursuant to Section 4152. (d) This section shall become operative on July 1, 2024. (Amended (as added by Stats. 2022, Ch. 469, Sec. 21) by Stats. 2023, Ch. 132, Sec. 92. (AB 1760) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  120. 4330.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to take any deer unless you first get a deer tag or permit for that deer.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4330. It is unlawful to take any deer without first procuring a deer tag or permit authorizing the taking of that deer. (Amended by Stats. 2007, Ch. 285, Sec. 83. Effective January 1, 2008.)
  121. 4331.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may set the design and makeup of the deer tag and the procedures for issuing and using it.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4331. The commission may determine the design and makeup of the deer tag and prescribe the procedures for issuance and use. (Amended by Stats. 2007, Ch. 285, Sec. 84. Effective January 1, 2008.)
  122. 4332.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Certain residents and nonresidents age 12 or older with the required hunting or deer tag may buy one deer tag, and in some cases one additional deer tag, if they pay the stated fee.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4332. (a) Any resident of this state, 12 years of age or over, who possesses a valid hunting license, may procure one tag for the taking of one deer by one person during the current license year, upon payment of the base fee of ten dollars ($10) for the license year beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years. (b) Any nonresident of this state, 12 years of age or over, who possesses a valid hunting license, may procure one tag for the taking of one deer by one person during the current license year, upon payment of the base fee of one hundred dollars ($100) for the license year beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years. (c) If provided in regulations adopted by the commission under Section 200, any resident of this state, 12 years of age or over, who possesses a deer tag may procure one additional deer tag for the taking of one additional deer during the current license season, upon payment of the base fee of twelve dollars and fifty cents ($12.50) for the license years beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years. (d) If provided in regulations adopted by the commission under Section 200, any nonresident of this state, 12 years of age or over, who possesses a deer tag may procure one additional deer tag for the taking of one additional deer during the current license season, upon payment of the base fee of one hundred dollars ($100) for the license year beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years. (Amended by Stats. 2023, Ch. 132, Sec. 93. (AB 1760) Effective January 1, 2024.)
  123. 4333.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Deer tags are valid only during the part of the current hunting license year when deer may be taken or possessed in any area.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4333. Tags are valid only during that portion of the current hunting license year in which deer may be taken or possessed in any area. (Amended by Stats. 2007, Ch. 285, Sec. 86. Effective January 1, 2008.)
  124. 4334.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission must direct the department to authorize the sale of no more than 10 deer tags each year, and the sale revenue must be handled and remitted as specified.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4334. (a) The commission shall annually direct the department to authorize, pursuant to Section 1054.8, the sale of not more than 10 deer tags for the purpose of raising funds for programs and projects as set forth in Section 3953. All revenue from the sale of tags pursuant to this section shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (b) These tags may be sold to residents or nonresidents of the State of California at auction or by any other method and are not subject to the fees prescribed by Section 4332. (c) These funds shall augment, not supplant, any other funds appropriated to the department for the preservation, restoration, utilization, and management of deer. All revenues derived from the sale of these tags shall be remitted to the department by the seller. (Repealed and added by Stats. 2010, Ch. 408, Sec. 10. (SB 1058) Effective January 1, 2011.)
  125. 4336.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A deer tag holder must carry, complete, attach, and keep the tag with the deer as required, and must notify the department after harvesting a deer. It is also unlawful to possess an untagged deer, except as otherwise provided by law or regulation.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4336. (a) The person to whom a deer tag has been issued shall carry the tag while hunting deer. Upon the killing of any deer, that person shall immediately fill out the tag completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and date of the kill. The deer tag shall be immediately attached to the antlers of antlered deer or to the ear of any other deer and kept attached during the open season and for 15 days thereafter. The holder of the deer tag shall immediately, upon harvesting a deer, notify the department in a manner specified by the commission. (b) Except as otherwise provided by this code or regulation adopted pursuant to this code, it is unlawful to possess any untagged deer. (Amended by Stats. 2007, Ch. 285, Sec. 88. Effective January 1, 2008.)
  126. 4340.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    People convicted of a deer-related violation must forfeit their deer tags, cannot get new deer tags during the current hunting license year, and may not apply for deer tags for the following license year.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4340. (a) Any person who is convicted of a violation of any provision of this code, or of any rule, regulation, or order made or adopted under this code, relating to deer shall forfeit his or her deer tags, and no new deer tags shall be issued to that person during the then current license year for hunting licenses. (b) No person described in subdivision (a) may apply for deer tags for the following license year. (Amended by Stats. 2007, Ch. 285, Sec. 89. Effective January 1, 2008.)
  127. 4341.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person who legally kills a deer in the state must get the deer tag countersigned before transporting the deer, unless taking the deer to the nearest authorized signer on the route.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 4341. Any person legally killing a deer in this state shall have the tag for that deer countersigned by a person employed by the department, a person designated for that purpose by the commission, a notary public, a postmaster, a peace officer, or an officer authorized to administer oaths, before transporting the deer, except to transport the deer to the nearest person authorized to countersign the tag, on the route from where the deer is taken to that person. (Amended by Stats. 2023, Ch. 132, Sec. 94. (AB 1760) Effective January 1, 2024.)
  128. 4370.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 3. Archery Deer Hunting [4370 - 4371] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission sets the archery deer season for each area, with at least a three-day gap before the regular deer season. People hunting deer in that archery season cannot have firearms, except that certain peace officers may carry a concealed firearm while bow hunting but may not use it to hunt deer.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 3. Archery Deer Hunting [4370 - 4371] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 4370. (a) In every area in which deer may lawfully be taken during the general open season there is an archery season for the taking of deer with bow and arrow. The season for each area shall be as the commission may prescribe, with a minimum interposing interval of three days immediately preceding the regular open season on deer in that area. Except as provided in subdivision (b), a person taking or attempting to take deer during such archery season shall neither carry, nor have under his or her immediate control, any firearm of any kind. (b) A peace officer listed in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow in accordance with subdivision (a), but shall not take or attempt to take deer with the firearm. (Amended by Stats. 2012, Ch. 711, Sec. 1. (SB 1367) Effective January 1, 2013.)
  129. 4371.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 3. Archery Deer Hunting [4370 - 4371] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Rules in this code that relate to deer also apply when deer are taken with bow and arrow.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ## ARTICLE 3. Archery Deer Hunting [4370 - 4371] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 4371. The provisions of this code relating to deer shall be applicable to the taking of deer with bow and arrow. (Enacted by Stats. 1957, Ch. 456.)
  130. 45.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Fish” is defined to include wild fish, certain aquatic animals, and their parts, spawn, or ovum.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 45. “Fish” means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. (Amended by Stats. 2015, Ch. 154, Sec. 5. (AB 1527) Effective January 1, 2016.)
  131. 450.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. )

    Verify source ↗

    The Legislature states a policy to encourage conservation, restoration, maintenance, and use of California’s wild deer populations.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. ) ## 450. It is hereby declared to be the policy of the Legislature to encourage the conservation, restoration, maintenance, and utilization of California’s wild deer populations. Such conservation shall be in accordance with the principles of conservation of wildlife resources set forth in Section 1801 and in accordance with the objectives and elements stated in “A Plan for California Deer, 1976.” (Repealed and added by Stats. 1977, Ch. 839.)
  132. 4500.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Marine Mammals [4500 - 4502.5] ( Heading of Chapter 5 amended by Stats. 1975, Ch. 786. )

    Verify source ↗

    Taking any marine mammal is unlawful unless allowed by specified federal provisions or this section; the commission may later adopt regulations if federal law permits state jurisdiction.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Marine Mammals [4500 - 4502.5] ( Heading of Chapter 5 amended by Stats. 1975, Ch. 786. ) ## 4500. (a) It is unlawful to take any marine mammal except in accordance with provisions of the Marine Mammal Protection Act of 1972 (Chapter 31 (commencing with Section 1361) of Title 16 of the United States Code) or provisions of Title 50 of the Code of Federal Regulations, or pursuant to subdivision (b) of this section. (b) At such time as federal laws or regulations permit the state to assume jurisdiction over marine mammals, the commission may adopt regulations governing marine mammals and the taking thereof. (c) For purposes of this chapter, “marine mammals” means sea otters, whales, dolphins, porpoises, seals, and sea lions. (Amended by Stats. 1975, Ch. 786.)
  133. 4501.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Marine Mammals [4500 - 4502.5] ( Heading of Chapter 5 amended by Stats. 1975, Ch. 786. )

    Verify source ↗

    Cat litter sold in this state must include one of the required warning or disposal statements on the package.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Marine Mammals [4500 - 4502.5] ( Heading of Chapter 5 amended by Stats. 1975, Ch. 786. ) ## 4501. (a) The Legislature finds and declares that several types of nonpoint source pollution are harmful to sea otters, and that scientific studies point to links between cat feces, the pathogen T-gondii, and sea otter mortality. The Legislature further finds and declares that efforts to reduce the flushing of cat litter and cat feces are steps toward better water quality in the sea otters’ natural habitat. (b) Any cat litter offered for sale in this state shall contain one of the following statements: (1) “Encouraging your cat to use an indoor litter box, or properly disposing of outdoor cat feces, is beneficial to overall water quality. Please do not flush cat litter in toilets or dispose of it outdoors in gutters or storm drains.” (2) A general statement that encourages the disposal of cat feces in trash and discourages flushing cat feces in toilets or disposing of them in drains. (Added by Stats. 2006, Ch. 296, Sec. 2. Effective January 1, 2007.)
  134. 4502.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Marine Mammals [4500 - 4502.5] ( Heading of Chapter 5 amended by Stats. 1975, Ch. 786. )

    Verify source ↗

    This section bans most actions involving captive orcas, but allows limited exceptions for certain older orcas and for bona fide educational or scientific institutions.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Marine Mammals [4500 - 4502.5] ( Heading of Chapter 5 amended by Stats. 1975, Ch. 786. ) ## 4502.5. This section shall be known, and may be cited, as the California Orca Protection Act. (a) It is unlawful for any person to do any of the following: (1) (A) Except as provided in subparagraph (B) and subdivision (c), hold in captivity an orca, whether wild-caught or captive-bred, for any purpose, including, but not limited to, display, performance, or entertainment purposes. (B) An orca located in the state on January 1, 2017, may continue to be held in captivity for its current purpose and after June 1, 2017, may continue to be used for educational presentations. (2) Breed or impregnate any orca held in captivity in the state. (3) Export, collect, or import the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination. (4) Export, transport, move, or sell an orca located in the state to another state or country unless otherwise authorized by federal law or if the transfer is to another facility within North America that meets standards comparable to those provided under the Animal Welfare Act (7 U.S.C. Sec. 2131 and following). (b) A person, corporation, or institution that intentionally or negligently violates subdivision (a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one hundred thousand dollars ($100,000). (c) This section does not apply to an orca that is held by a bona fide educational or scientific institution for rehabilitation after a rescue or stranding or for research purposes. However, the department shall be notified immediately upon the rescue or acquisition of any orca, and an orca that is held for rehabilitation or research purposes shall be returned to the wild whenever possible. If return to the wild is not possible, the orca may be used for educational presentations, but shall not be used for breeding, performance, or entertainment purposes. (d) As used in this section, the following terms are defined as follows: (1) “Educational presentation” means a live, scheduled orca display in the presence of spectators that includes natural behaviors, enrichment, exercise activities, and a live narration and video content that provides science-based education to the public about orcas. (2) “Orca” means a killer whale (Orcinus orca). (3) “Bona fide educational or scientific institution” means an institution that establishes through documentation any of the following: (A) Educational or scientific tax exemption from the Internal Revenue Service or the institution’s national, state, or local tax authority. (B) Accreditation as an educational or scientific institution from a qualified national, regional, state, or local authority for the institution’s location. (C) Accreditation by a nationally or internationally recognized zoological or aquarium accreditation organization. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2016, Ch. 340, Sec. 8. (SB 839) Effective September 13, 2016.)
  135. 451.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. )

    Verify source ↗

    This section defines “general deer hunting season” as the annual season for the area, set by the commission under its general regulatory powers or by statute, for taking male deer.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. ) ## 451. As used in this chapter “general deer hunting season” means the annual season for the area in question as is set by the commission under its general regulatory powers, or set by statute, for the taking of male deer. (Repealed and added by Stats. 1977, Ch. 839.)
  136. 452.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. )

    Verify source ↗

    The department must designate deer herd management units and assign a manager for those units.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. ) ## 452. The department shall designate deer herd management units and designate the manager for the units. Such units may encompass a single deer herd or a group of deer herds having similar management and habitat requirements and characteristics. Boundaries of such units, unless appropriate, need not follow county boundary lines. (Repealed and added by Stats. 1977, Ch. 839.)
  137. 453.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. )

    Verify source ↗

    The department must develop plans for deer herd management units.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. ) ## 453. The department shall develop plans for such deer herd management units. The objectives of such plans shall be the restoration and maintenance of healthy deer herds in the wild state and to provide for high quality and diversified use of deer in California. (Repealed and added by Stats. 1977, Ch. 839.)
  138. 454.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. )

    Verify source ↗

    Deer management plans must include specified program elements covering information gathering, habitat improvement, mortality reduction, enforcement, and recreational use.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. ) ## 454. Such management plans shall contain the following program elements: (a) Document existing information on deer herd management units and programs to obtain information that may be needed. (b) Develop programs to maintain and increase the quality of deer habitat statewide. Such programs will emphasize cooperative action between the department and the appropriate land management entities, both public and private. Emphasis shall be directed towards identifying critical deer habitat areas and the maintenance and management of such areas. (c) Develop programs to reduce natural mortalities where such reduction may be critical to meeting deer herd plan objectives. (d) Develop programs to decrease the illegal taking of deer through modern law enforcement methods supported by public and private cooperative efforts. (e) Develop diversified recreational use programs, including both hunting and nonhunting uses, consistent with the basic individual deer herd management unit capabilities. (Repealed and added by Stats. 1977, Ch. 839.)
  139. 455.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. )

    Verify source ↗

    Deer herd management unit plans must be reviewed every year and used as the basis for department recommendations to the commission.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. ) ## 455. Deer herd management unit plans shall be reviewed annually and shall be the basis for department recommendations to the commission pursuant to this chapter. (Repealed and added by Stats. 1977, Ch. 839.)
  140. 456.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. )

    Verify source ↗

    The department must report every two years to the Legislature and the commission on progress toward restoring and maintaining California’s deer herds.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. ) ## 456. The department shall biennially report to the Legislature and to the commission on the progress that is being made toward the restoration and maintenance of California’s deer herds. The report shall include program activities regarding deer habitat, particularly addressing problems dealing with identification and preservation of critical deer habitat areas; the amount of revenue derived from the sale of deer tags during the two previous fiscal years; a list of expenditures during the two previous fiscal years and proposed expenditures during the current fiscal year; and a report of general benefits accrued to the deer resources as a result of the program. (Amended by Stats. 2023, Ch. 132, Sec. 7. (AB 1760) Effective January 1, 2024.)
  141. 457.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. )

    Verify source ↗

    The department must determine its deer-management recommendations by December 15 each year, and those recommendations must include specified hunt and permit details.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. ) ## 457. (a) Not later than December 15 of each year, the department shall determine its proposed recommendations to the commission relating to the management of deer, including its recommendations as to whether any antlerless deer hunts should be ordered. (b) The recommendations shall include all of the following: (1) The number, if any, of antlerless deer that should be taken in particular deer management units. (2) Proposed dates for any recommended taking. (3) The number of permits proposed for each management unit. (4) Whether the permits should be either-sex permits. (Amended by Stats. 2023, Ch. 132, Sec. 8. (AB 1760) Effective January 1, 2024.)
  142. 458.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. )

    Verify source ↗

    The department must send affected county supervisors notice of proposed Section 457 recommendations by December 15 each year, and county supervisors may choose a public hearing by the following February 1. The director or representative must attend all such hearings.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. ) ## 458. (a) Not later than December 15 of each year, the department shall provide notice of the details of its proposed recommendations under Section 457 to the board of supervisors of each county affected by a recommendation, by certified mail. (b) Not later than the February 1 next following the department’s notice, the board of supervisors of any affected county may elect to hold a public hearing on one or more of the department’s proposed recommendations. The director or the director’s representative shall attend all hearings held pursuant to this subdivision. (c) The board of supervisors of any affected county may, by resolution, elect not to exercise the rights conferred by this section. (d) This section applies only to the counties of, and to those districts or parts of districts in, Siskiyou, Modoc, Trinity, Shasta, Lassen, Plumas, Sierra, Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Imperial, Inyo, Lake, Madera, Mariposa, Mendocino, Merced, Mono, Monterey, Napa, Nevada, Orange, Placer, Riverside, San Luis Obispo, Santa Barbara, Santa Clara, Tehama, Tuolumne, Yolo, and Yuba Counties. (Amended by Stats. 2023, Ch. 132, Sec. 9. (AB 1760) Effective January 1, 2024.)
  143. 459.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. )

    Verify source ↗

    An affected county board may object to or propose changes to certain deer recommendations by resolution, and the department and commission must follow the resolution’s effect in specified ways.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. ) ## 459. (a) Not later than the February 1 next following the department’s notice, the board of supervisors of any affected county that has held a public hearing pursuant to Section 458 may, by resolution, object to one or more proposed recommendations of the department, or may, by resolution, determine that one or more proposed recommendations should be modified, and state the necessary modification. (b) A resolution objecting to or stating necessary modification of a proposed recommendation shall be based on testimony and information presented at a hearing conducted pursuant to subdivision (b) of Section 458, or presented to the board of supervisors at its meeting to consider the resolution. (c) The department shall not recommend to the commission, and the commission shall not authorize, the taking of antlerless deer in an affected county if the board of supervisors of that county submits a resolution objecting to that taking. (d) If a board of supervisors of an affected county submits a resolution determining that one or more proposed recommendations of the department relating to the taking of antlerless deer should be modified for that county, the department and the commission shall do one of the following: (1) The department shall modify its recommendations and the commission shall modify its orders to incorporate the modification determined to be necessary by the county board of supervisors. (2) The department shall not recommend, and the commission shall not authorize, the taking of antlerless deer in that county. (Amended by Stats. 2023, Ch. 132, Sec. 10. (AB 1760) Effective January 1, 2024.)
  144. 46.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    This section defines “guide boat” as a boat or vessel under 25 feet used by a licensed guide in inland waters for guiding, packing, or helping others take or locate certain wildlife for compensation.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 46. “Guide boat” means a boat or vessel under 25 feet in length, which is used by a guide, who is licensed under Chapter 5 (commencing with Section 2535) of Division 3, in inland waters for any of the following purposes: (1) For the business of packing or guiding. (2) For compensation, to assist another person in taking or attempting to take any fish or amphibian. (3) For compensation, to assist another person in locating any bird or mammal. (Added by Stats. 1987, Ch. 200, Sec. 1. Effective July 23, 1987.)
  145. 460.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. )

    Verify source ↗

    The department must make several recommendations to the commission about deer hunting regulation, and the commission must publicize the submitted material and its proposed-regulation determinations.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Management of Deer [450 - 460] ( Chapter 5 repealed and added by Stats. 1977, Ch. 839. ) ## 460. (a) Prior to each meeting of the commission at which the commission considers the regulation of deer and takes action pursuant to paragraph (1) of subdivision (a) of Section 255, the department shall recommend to the commission the deer herd units to be placed under a general deer hunting season. (b) At the same time, the department shall do all of the following: (1) Recommend to the commission, subject to the provisions of Sections 458 and 459, whether any antlerless deer should be taken and if so, in which deer herd management units. (2) If in the judgment of the department there are deer herd management units in which hunting pressure would adversely affect the deer herd, impair the hunting experience, or endanger the public safety, recommend to the commission those deer herd management units where hunter numbers should be restricted, and those which should be removed from the general deer hunting season designation. (3) Inform the commission of the condition of each deer herd management unit. (4) Recommend to the commission, in accordance with the provisions of Sections 458 and 459, the number, if any, of antlerless deer that should be taken in deer herd management units, whether the permits should be either-sex permits, the proposed dates for the taking, and the number of permits proposed for each deer herd management unit. (5) Recommend to the commission the establishment of any hunter-restricted quota units, if needed, and the number of the quota and manner in which the quota permits should be issued. (c) Upon receipt of the recommendations and information required by this section, the commission shall make that material known to the public, and shall also make known to the public the commission’s determinations regarding proposed regulations. (Amended by Stats. 2023, Ch. 132, Sec. 11. (AB 1760) Effective January 1, 2024.)
  146. 4600.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Burros [4600- 4600.] ( Heading of Chapter 6 renumbered from Chapter 5 by Stats. 1957, Ch. 1972. )

    Verify source ↗

    It is unlawful to kill, wound, capture, or possess an undomesticated burro, except as allowed by Government Code Section 53074.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Burros [4600- 4600.] ( Heading of Chapter 6 renumbered from Chapter 5 by Stats. 1957, Ch. 1972. ) ## 4600. (a) It is unlawful to kill, wound, capture, or have in possession any undomesticated burro, except as provided in Section 53074.5 of the Government Code. (b) As used in this section, “undomesticated burro” means a wild burro or a burro which has not been tamed or domesticated for a period of three years after its capture. The fact that a burro was killed, wounded, or captured on publicly owned land, or on land owned by a person other than the person who killed, wounded, or captured the burro is prima facie evidence that the burro was an undomesticated burro at the time it was killed, wounded, or captured. (c) Neither the commission nor any other department or agency has any power to modify the provisions of this section by any order, rule, or regulation. (Amended by Stats. 2007, Ch. 128, Sec. 1. Effective July 27, 2007.)
  147. 4650.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. )

    Verify source ↗

    This section defines “wild pig” for purposes of the code and says the section becomes operative on July 1, 2024.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. ) ## 4650. (a) For purposes of this code, “wild pig” means any of the following: (1) (A) A pig having two or more phenotypical characteristics specified in subparagraph (B) that does not have a brand, tattoo, or other permanent mark or visible tag approved by the Department of Food and Agriculture pursuant to Section 10791 of the Food and Agricultural Code. (B) Phenotypical characteristics include all of the following: (i) Having a coat described by all of the following: long, dark, coarse bristles and guard hairs; the undercoat, when present, is lighter in color than the overlaying coat; and individual hairs have bristle tips that are lighter in color than the rest of the hair shaft. (ii) Having dark “point” coloration: distal portion of the snout, ears, legs, and tail are dark brown to black in coloration. (iii) Having a skeletal appearance that has both of the following characteristics: the skull is large, measuring up to one-third of the total body length; and a short massive trunk with underdeveloped hindquarters. (iv) Having a head with small, deep-set eyes and an elongated snout. (v) Having a tail held straight or slightly curved but containing muscular structure to curl the tail. (vi) Having teeth satisfying all of the following, as applicable: males have well-developed canine teeth; upper canines are relatively short and grow sideways early in life and gradually curl upwards with age; lower canines are sharper and longer with exposed parts measuring up to 12 cm (4.7 inches) in length. (2) A free-roaming pig, feral pig, or European wild boar having no visible tags, markings, or characteristics indicating that the pig or boar is from a domestic herd. (b) This section shall become operative on July 1, 2024. (Repealed (in Sec. 22) and added by Stats. 2022, Ch. 469, Sec. 23. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  148. 4651.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. )

    Verify source ↗

    The department must work with landowners to reduce wild pig depredation through sport hunting programs, and poison may not be used to take wild pigs.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. ) ## 4651.5. (a) The department shall work with landowners to mitigate depredation by sport hunting pursuant to this chapter, including the application of the Shared Habitat Alliance for Recreational Enhancement (SHARE) program (Article 3 (commencing with Section 1570) of Chapter 5 of Division 2). (b) The use of poison to take wild pigs is prohibited. (c) This section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 469, Sec. 25. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  149. 4652.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. )

    Verify source ↗

    You cannot take a wild pig unless you first get the required validation, except as provided in Section 4181.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. ) ## 4652. (a) It is unlawful to take any wild pig, except as provided in Section 4181, without first procuring a validation authorizing the taking of that wild pig in accordance with this chapter. (b) This section shall become operative on July 1, 2024. (Repealed (in Sec. 26) and added by Stats. 2022, Ch. 469, Sec. 27. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  150. 4652.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. )

    Verify source ↗

    The section bans releasing hogs, boars, pigs, or swine into the wild and bans operating, sponsoring, or assisting a contained hunting preserve for those animals, with a narrow grandfathering exception.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. ) ## 4652.5. (a) It shall be unlawful to intentionally or knowingly release any hog, boar, pig, or swine to live in a wild or feral state upon public or private land. (b) It shall be unlawful to engage in, sponsor, or assist in the operation of a contained hunting preserve of wild pig, feral pig, European wild boar, or domestic swine within this state. For purposes of this subdivision, any tract of land on which a fence or other apparatus is used to prevent the free roaming of swine that are to be taken pursuant to Section 86 and not used solely for domestic swine production shall be deemed to be a contained hunting preserve. (c) This section does not apply to an individual or entity that operated a contained hunting preserve on or before January 1, 2022, provided the individual or entity shall not operate more acres than the number of acres the individual or entity had in operation on or before January 1, 2022. (d) An individual or entity that operated a contained hunting preserve of wild pig, feral pig, European wild boar, or domestic swine on or before January 1, 2022, shall be prohibited from selling, transferring, or passing on the contained hunting preserve operation. (e) This section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 469, Sec. 28. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  151. 4653.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. )

    Verify source ↗

    The department may set the design and required information for a wild pig validation and decide how it is issued and used.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. ) ## 4653. (a) The department may determine the design and type of information to be included on the wild pig validation and prescribe the procedures for the issuance and use of the validation. (b) This section shall become operative on July 1, 2024. (Repealed (in Sec. 29) and added by Stats. 2022, Ch. 469, Sec. 30. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  152. 4654.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. )

    Verify source ↗

    A person can get a wild pig validation only if they are at least 12 and have a valid hunting license, or a valid California nonresident hunting license if they are not a resident. The validation has a base fee of $25 for residents and $90 for nonresidents, and the section becomes operative on July 1, 2024.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. ) ## 4654. (a) To obtain a wild pig validation, a person must be 12 years of age or older, and possess a valid hunting license, or if a nonresident, a valid California nonresident hunting license. (b) A person authorized to obtain a wild pig validation may obtain a wild pig validation upon payment of a base fee, as follows: (1) For a resident of the state, twenty-five dollars ($25). (2) For a nonresident, ninety dollars ($90). (c) The base fees specified in this section are applicable for the license year beginning July 1, 2024, and shall be adjusted under Section 713 for subsequent license years. (d) This section shall become operative on July 1, 2024. (Amended (as added by Stats. 2022, Ch. 469, Sec. 32) by Stats. 2023, Ch. 132, Sec. 97. (AB 1760) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  153. 4655.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. )

    Verify source ↗

    Wild pig validations are valid only during the part of the current hunting license year when wild pigs may be taken or possessed anywhere in the state.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. ) ## 4655. (a) Wild pig validations are valid only during that portion of the current hunting license year in which wild pigs may be taken or possessed in any area of the state. (b) This section shall become operative on July 1, 2024. (Repealed (in Sec. 33) and added by Stats. 2022, Ch. 469, Sec. 34. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  154. 4657.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. )

    Verify source ↗

    A person hunting wild pig must keep their wild pig validation with them, and the commission must adopt rules for transporting wild pig carcasses and reporting wild pig takes.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Wild Pigs [4650 - 4657] ( Heading of Chapter 7 amended by Stats. 1991, Ch. 998, Sec. 3. ) ## 4657. (a) The holder of a wild pig validation shall keep the validation in their possession while hunting wild pig. (b) (1) The commission shall adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig. (2) The regulations adopted pursuant to this section shall provide for reporting of any take of a wild pig electronically, and shall require the following information: (A) The identity of the person taking the wild pig. (B) The date and location of the taking of the wild pig. (C) Any other information the commission finds would be appropriate to better understand the location and abundance, and rate of take, of wild pigs or to enforce the provisions of this code or Title 14 of the California Code of Regulations. (c) This section shall become operative on July 1, 2024. (Repealed (in Sec. 35) and added by Stats. 2022, Ch. 469, Sec. 36. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  155. 4700.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fully Protected Mammals [4700- 4700.] ( Chapter 8 added by Stats. 1957, Ch. 1972. )

    Verify source ↗

    This section bans taking or possessing fully protected mammals, with limited exceptions, and lets the department authorize take for necessary scientific research.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fully Protected Mammals [4700- 4700.] ( Chapter 8 added by Stats. 1957, Ch. 1972. ) ## 4700. (a) (1) Except as provided in this section or Section 2081.7, 2081.13, 2081.15, or 2835, a fully protected mammal may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected mammal, and no permit or license previously issued shall have any force or effect for that purpose. However, the department may authorize the taking of a fully protected mammal for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected mammal, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of that person’s interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. (2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. (3) A legally imported fully protected mammal may be possessed under a permit issued by the department. (b) The following are fully protected mammals: (1) Morro Bay kangaroo rat (Dipodomys heermanni morroensis). (2) Bighorn sheep (Ovis canadensis), except Nelson bighorn sheep (subspecies Ovis canadensis nelsoni) as provided by subdivision (b) of Section 4902. (3) Northern elephant seal (Mirounga angustirostris). (4) Guadalupe fur seal (Arctocephalus townsendi). (5) Ring-tailed cat (genus Bassariscus). (6) Pacific right whale (Eubalaena sieboldi). (7) Salt-marsh harvest mouse (Reithrodontomys raviventris). (8) Southern sea otter (Enhydra lutris nereis). (9) Wolverine (Gulo luscus). (Amended by Stats. 2025, Ch. 438, Sec. 3. (AB 697) Effective January 1, 2026.)
  156. 4750.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. )

    Verify source ↗

    Taking a bear requires a tag first, and metal-jawed traps may not be used to take a bear.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. ) ## 4750. It is unlawful to take any bear with firearm, trap, or bow and arrow without first procuring a tag authorizing the taking of that bear in accordance with this chapter, but no iron or steel-jawed or any type of metal-jawed trap shall be used to take any bear. (Amended by Stats. 2007, Ch. 285, Sec. 95. Effective January 1, 2008.)
  157. 4751.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. )

    Verify source ↗

    Residents and nonresidents age 12 or older with the required hunting license may buy bear tags for a set fee, and the section becomes operative on July 1, 2025.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. ) ## 4751. (a) Any resident of this state, 12 years of age or older, who possesses a valid hunting license, may procure the number of bear tags corresponding to the number of bear that may legally be taken by one person during the current license year, upon payment of a base fee of fifteen dollars ($15), as adjusted under Section 713, for each bear tag. Fee revenues collected pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (b) Any nonresident of this state, 12 years of age or older, who possesses a valid California hunting license, may procure the number of bear tags corresponding to the number of bear that may be legally taken by one person during the current license year upon payment of the base fee of one hundred five dollars ($105), as adjusted under Section 713, for each bear tag. Fee revenues collected pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (c) This section shall become operative on July 1, 2025. (Repealed and added by Stats. 2018, Ch. 295, Sec. 9. (AB 2151) Effective January 1, 2019. Section operative July 1, 2025, by its own provisions.)
  158. 4752.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. )

    Verify source ↗

    Bear tags are valid only during the part of the current hunting license year when bear may be taken or possessed in any district.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. ) ## 4752. Bear tags are valid only during that portion of the current hunting license year in which bear may be taken or possessed in any district. (Amended by Stats. 2007, Ch. 285, Sec. 97. Effective January 1, 2008.)
  159. 4753.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. )

    Verify source ↗

    A person issued a bear tag must carry it while hunting, fill it out immediately after killing a bear, attach part of it to the bear’s ear, and the tag holder must notify the department after harvesting a bear.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. ) ## 4753. The person to whom a bear tag has been issued shall carry the tag while hunting bear. Upon the killing of any bear, that person shall immediately fill out the tag completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and the date of the kill. One part of the tag shall be immediately attached to the ear of the bear and kept attached during the open season and for 15 days thereafter. The holder of the bear tag shall immediately, upon harvesting a bear, notify the department in a manner specified by the commission. Except as otherwise provided by this code or regulations adopted pursuant to this code, it is unlawful to possess any untagged bear. (Amended by Stats. 2007, Ch. 285, Sec. 98. Effective January 1, 2008.)
  160. 4754.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. )

    Verify source ↗

    A person convicted of a bear-related violation under the code must forfeit bear tags, cannot be issued new bear tags during the current hunting license year, and cannot apply for bear tags in the following license year.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. ) ## 4754. (a) Any person who is convicted of a violation of any provision of this code, or of any rule, regulation, or order made or adopted under this code, relating to bears shall forfeit his or her bear tags, and new bear tags shall not be issued to that person during the then current license year for hunting licenses. (b) A person described in subdivision (a) shall not apply for bear tags for the following license year. (Amended by Stats. 2007, Ch. 285, Sec. 99. Effective January 1, 2008.)
  161. 4755.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. )

    Verify source ↗

    If a person legally kills a bear in this state, the bear tag must be countersigned before the bear is transported, with a narrow route-based exception.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. ) ## 4755. Any person legally killing a bear in this state shall have the tag for that bear countersigned by a commissioner, a person employed in the department, a person designated for that purpose by the commission, a notary public, a postmaster, a peace officer, or by an officer authorized to administer oaths, before transporting the bear, except to transport the bear to the nearest person authorized by this section to countersign the tag on the route from where the bear is taken to that person. (Amended by Stats. 2023, Ch. 132, Sec. 99. (AB 1760) Effective January 1, 2024.)
  162. 4757.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. )

    Verify source ↗

    A person who takes a bear must keep the bear’s skin and the part of the head with both ears, and must show them to an authorized officer on demand.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. ) ## 4757. Any person taking a bear must retain possession of the skin of the bear and the portion of the bear’s head that includes both ears, during the open season for that bear and for 15 days thereafter, and must produce the skin and that portion of the head upon the demand of any officer authorized to enforce the provisions of this code. (Amended by Stats. 2023, Ch. 132, Sec. 100. (AB 1760) Effective January 1, 2024.)
  163. 4758.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. )

    Verify source ↗

    It is unlawful to sell, buy, or possess for sale the meat, skin, hide, teeth, claws, or other parts of any bear in this state, with stated exceptions.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. ) ## 4758. (a) Subject to the provisions of this code permitting the sale of domestically raised game mammals, it is unlawful to sell or purchase, or possess for sale, the meat, skin, hide, teeth, claws, or other parts of any bear in this state. (b) The possession of more than one bear gall bladder is prima facie evidence that the bear gall bladders are possessed for sale. (c) Nothing in this section prohibits a sale authorized pursuant to Section 3087. (Amended by Stats. 1988, Ch. 556, Sec. 2.)
  164. 4759.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. )

    Verify source ↗

    Bear parts lawfully taken and possessed under Section 4757 may be tanned or used only for personal use, and may also be donated to veterans’ organizations or veterans’ service committees for rehabilitation use. A donor must obtain a receipt.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. ) ## 4759. The skin, hide, teeth, claws, or other parts of any bear lawfully taken and possessed for the period provided in Section 4757 may be tanned or utilized for personal use only. Notwithstanding the provisions of Section 4757, the skin, hide, teeth, claws, or other parts of any bear lawfully taken may be donated any time to veterans’ organizations or veterans’ service committees for use by veterans for rehabilitation purposes. The donor shall obtain a receipt which shall be retained during the period stipulated by Section 4757. (Amended by Stats. 1977, Ch. 1208.)
  165. 4760.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. )

    Verify source ↗

    The chapter’s bear-possession rules also apply to bears taken outside the State and brought into the State.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. ) ## 4760. The provisions of this chapter relating to the possession of bear apply to bear taken outside this State and transported into this State. (Added by Stats. 1957, Ch. 1916.)
  166. 4763.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. )

    Verify source ↗

    This section says the chapter does not apply when a bear is taken under other authorization to protect livestock, land, or property from bear damage or threatened bear damage.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. Bear [4750 - 4763] ( Chapter 9 added by Stats. 1957, Ch. 1916. ) ## 4763. The provisions of this chapter do not apply to the taking of bear which is otherwise authorized to protect livestock, land, or property from damage or threatened damage from bear. (Added by Stats. 1957, Ch. 1916.)
  167. 48.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    This section defines several kinds of fishing hooks, including hook, fishhook, single hook, double hook, treble or triple hook, and snag or gaff hooks.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 48. “Hook” or “fishhook” means an implement to catch or hold fish or amphibia. “Single hook” means any hook with one point and with or without a barb; “double hook” means any hook with two points and with or without barbs; “treble or triple hook” means any hook with three points and with or without barbs. “Snag” or “gaff” hooks are hooks with or without handles used to take fish in such manner that the fish does not take the hook voluntarily in its mouth. (Enacted by Stats. 1957, Ch. 456.)
  168. 4800.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    Mountain lions are specially protected, and this section makes it unlawful to take, injure, possess, transport, import, or sell them or their products except for stated exceptions.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4800. (a) The mountain lion (genus Puma) is a specially protected mammal under the laws of this state. (b) (1) It is unlawful to take, injure, possess, transport, import, or sell a mountain lion or a product of a mountain lion, except as specifically provided in this chapter or in Chapter 2 (commencing with Section 2116) of Division 3. (2) This chapter does not prohibit the sale or possession of a mountain lion or a product of a mountain lion, when the owner can demonstrate that the mountain lion, or product of a mountain lion, was in the person’s possession on June 6, 1990. (3) This chapter does not prohibit the possession of a mountain lion carcass or a product of a mountain lion carcass, if all of the following requirements are met: (A) The carcass or carcass product is prepared or being prepared for display, exhibition, or storage, for a bona fide scientific or educational purpose, at a nonprofit museum or government-owned facility generally open to the public or at an educational institution, including a public or private postsecondary institution. (B) The mountain lion was taken in California consistent with the requirements of this chapter and any other applicable law. (C) The department has authorized the possession of the carcass or carcass product for the purposes of this paragraph. (c) A violation of this section is a misdemeanor punishable by imprisonment in the county jail for not more than one year, or a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. An individual is not guilty of a violation of this section if it is demonstrated that, in taking or injuring a mountain lion, the individual was acting in self-defense or in defense of others. (d) Section 219 does not apply to this chapter. Neither the commission nor the department shall adopt any regulation that conflicts with or supersedes a provision of this chapter. (Amended by Stats. 2015, Ch. 154, Sec. 75. (AB 1527) Effective January 1, 2016. Note: This section was added on June 5, 1990, by initiative Prop. 117.)
  169. 4801.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    The department may remove or take a mountain lion, or authorize a local public-safety agency to do so, when the mountain lion is perceived as an imminent threat.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4801. The department may remove or take any mountain lion, or authorize an appropriate local agency with public safety responsibility to remove or take any mountain lion, that is perceived to be an imminent threat to public health or safety or that is perceived by the department to be an imminent threat to the survival of any threatened, endangered, candidate, or fully protected sheep species. (Amended by Stats. 1999, Ch. 435, Sec. 1. Effective September 17, 1999. Note: This section was added on June 5, 1990, by initiative Prop. 117.)
  170. 4801.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    This section says nonlethal procedures must be used when removing or taking a mountain lion, unless the chapter authorizes otherwise or the mountain lion is not an imminent threat to public health or safety.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4801.5. (a) Unless authorized in this chapter, nonlethal procedures shall be used when removing or taking any mountain lion that has not been designated as an imminent threat to public health or safety. (b) For purposes of this chapter, “imminent threat to public health or safety” means a situation where a mountain lion exhibits one or more aggressive behaviors directed toward a person that is not reasonably believed to be due to the presence of responders. (c) For purposes of this chapter, “nonlethal procedures” means procedures that may include, but are not limited to, capturing, pursuing, anesthetizing, temporarily possessing, temporarily injuring, marking, attaching to or surgically implanting monitoring or recognition devices, providing veterinary care, transporting, hazing, rehabilitating, releasing, or taking no action. (d) The department may, as the department determines is necessary to protect mountain lions or the public, authorize qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to implement nonlethal procedures on a mountain lion in accordance with subdivision (a). (Added by Stats. 2013, Ch. 208, Sec. 1. (SB 132) Effective January 1, 2014.)
  171. 4802.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    A person affected by mountain lion damage to livestock or other property may report it to the department and request a permit to take the mountain lion.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4802. Any person, or the employee or agent of a person, whose livestock or other property is being or has been injured, damaged, or destroyed by a mountain lion may report that fact to the department and request a permit to take the mountain lion. (Repealed and added June 5, 1990, by initiative Proposition 117.)
  172. 4803.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    After a report under Section 4802, the department or an authorized animal damage control officer must quickly confirm whether a mountain lion caused the reported depredation, within 48 hours at most, and if confirmed, the department must promptly issue a take permit.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4803. Upon receipt of a report pursuant to Section 4802, the department, or any animal damage control officer specifically authorized by the department to carry out this responsibility, shall immediately take the action necessary to confirm that there has been depredation by a mountain lion as reported. The confirmation process shall be completed as quickly as possible, but in no event more than 48 hours after receiving the report. If satisfied that there has been depredation by a mountain lion as reported, the department shall promptly issue a permit to take the depredating mountain lion. (Repealed and added June 5, 1990, by initiative Proposition 117.)
  173. 4804.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    The department must issue the permit with specific conditions, and the permit expires 10 days after issuance.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4804. In order to ensure that only the depredating mountain lion will be taken, the department shall issue the permit pursuant to Section 4803 with the following conditions attached: (a) The permit shall expire 10 days after issuance. (b) The permit shall authorize the holder to begin pursuit not more than one mile from the depredation site. (c) The permit shall limit the pursuit of the depredating mountain lion to within a 10-mile radius from the location of the reported damage or destruction. (Repealed and added June 5, 1990, by initiative Proposition 117.)
  174. 4805.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    If immediate authorization would help pursue a particular depredating mountain lion, the department or an animal damage control officer may give oral authorization, and the department must issue a written permit afterward as soon as practicable.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4805. Whenever immediate authorization will materially assist in the pursuit of the particular mountain lion believed to be responsible for the depredation reported pursuant to Section 4802, the department or the animal damage control officer may orally authorize the pursuit and taking of the depredating mountain lion, and the department shall issue a written permit for the period previously authorized as soon as practicable after the oral authorization. (Repealed and added June 5, 1990, by initiative Proposition 117.)
  175. 4806.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    Permit holders must report mountain lion captures, injuries, or killings to the department within 24 hours by phone, or in writing within five days if phone reporting is impracticable.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4806. Any person issued a permit pursuant to Section 4803 or 4805 shall report, by telephone within 24 hours, the capturing, injuring, or killing of any mountain lion to an office of the department or, if telephoning is not practicable, in writing within five days after the capturing, injuring, or killing of the mountain lion. At the time of making the report of the capturing, injuring, or killing, the holder of the permit shall make arrangements to turn over the mountain lion or the entire carcass of the mountain lion which has been recovered to a representative of the department and shall do so in a timely manner. (Repealed and added June 5, 1990, by initiative Proposition 117.)
  176. 4807.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    A person who encounters a mountain lion attacking livestock or domestic animals may immediately take it, but the taking must be reported to the department within 72 hours.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4807. (a) Any mountain lion that is encountered while in the act of pursuing, inflicting injury to, or killing livestock, or domestic animals, may be taken immediately by the owner of the property or the owner’s employee or agent. The taking shall be reported within 72 hours to the department. The department shall investigate the depredation, and, if the mountain lion was captured, injured, or killed, the mountain lion or the entire carcass of the mountain lion which has been recovered shall be turned over to the department. Upon satisfactorily completing the investigation and receiving the mountain lion or the carcass, if recovered, the department shall issue a permit confirming that the requirements of this section have been met with respect to the particular mountain lion taken under these circumstances. (b) The department shall undertake a complete necropsy on any returned mountain lion carcass and report the findings to the commission. The commission shall compile the reported findings and prepare an annual written report that shall be submitted to the Legislature not later than the January 15 next following the year in which the mountain lion was taken. (Repealed and added June 5, 1990, by initiative Proposition 117.)
  177. 4808.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    This section defines “agent” for the chapter and says a plea of nolo contendere counts as a conviction for this section.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4808. As used in this chapter, “agent” means the agent or employee of the owner of the damaged or destroyed property, any county or city predator control officer, any employee of the Animal Damage Control Section of the United States Department of Agriculture, any departmental personnel, or any authorized or permitted houndsman registered with the department as possessing the requisite experience and having no prior conviction of any provision of this code or regulation adopted pursuant to this code. A plea of nolo contendere is a conviction for purposes of this section. (Repealed and added June 5, 1990, by initiative Proposition 117.)
  178. 4809.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    Mountain lions taken under this chapter must be taken using the most effective available means to take the mountain lion causing the damage, but not with poison, leg-hold or metal-jawed traps, or snares.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4809. Mountain lions authorized to be taken pursuant to this chapter shall be taken by the most effective means available to take the mountain lion causing the damage or destruction, except that no mountain lion shall be taken by means of poison, leg-hold or metal-jawed traps, and snares. (Added June 5, 1990, by initiative Proposition 117.)
  179. 4810.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. )

    Verify source ↗

    This section lets the department authorize certain people and organizations to do mountain lion research under a Scientific Collecting Permit, and it sets permit, reporting, and public-notice requirements.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Mountain Lions [4800 - 4810] ( Chapter 10 repealed and added June 5, 1990, by initiative Proposition 117, Sec. 6. ) ## 4810. (a) As used in this section: (1) “Authorized research project” means a research project involving mountain lions subject to a Scientific Collecting Permit issued in accordance with this section. (2) “Permitholder” means a person to whom the department has issued a Scientific Collecting Permit in accordance with this section. (3) “Scientific Collecting Permit” or “permit” means a permit issued pursuant to Section 1002 for a research project involving mountain lions in accordance with this section. (b) The department may authorize qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to conduct scientific research involving mountain lions pursuant to a Scientific Collecting Permit as provided in Section 1002. (c) The department may authorize a permitholder to pursue, capture, temporarily possess, temporarily injure, mark, surgically implant a monitoring or recognition device in or attach such a device to, provide veterinary care to, and transport, a mountain lion or a product of a mountain lion. (d) In addition to the requirements in Section 1002, an authorized research project shall be designed to do the following: (1) Contribute to the knowledge of natural wildlife ecosystems. (2) Minimize disruptions in the lives and movements of mountain lions and other wildlife, as well as impacts to mountain lion or other wildlife habitat, while maintaining the permitholder’s research objectives. (3) Directly or indirectly support the sustainability and survival of mountain lion populations and healthy ecosystems. (4) Prevent the permanent injury or killing of a mountain lion. (e) An authorized research project shall be governed by the Scientific Collecting Permit. The permit shall include, at a minimum, proposed research methods and recordkeeping procedures that address the following: (1) The capture of, anesthetization of, collection of diagnostic samples from, and transport of, a mountain lion or a product of a mountain lion. (2) Attaching monitoring or recognization devices to, surgically implanting those devices in, or marking, animals affected by the research project. (3) Providing veterinary care as required for the health, safety, and humane treatment of animals affected by the research project. (4) The recording of the adverse effects of authorized research procedures on mountain lions and other wildlife. (5) The qualifications of onsite personnel necessary for carrying out authorized research procedures. A permit applicant shall submit verifiable documentation demonstrating that at least one onsite staff person has at least one year of experience in proposed research methods that involve activities described in subdivision (c). (6) Annual and final reports to the department. (f) The department shall notify the public at least 30 days prior to the issuance of a permit, and, upon request, shall make available to the public copies of the permit and annual and final reports. (g) The department shall handle mortality or permanent injury to a mountain lion as a result of research authorized pursuant to this section in a manner consistent with the reporting and processing requirements imposed in Section 4807. (Amended by Stats. 2015, Ch. 154, Sec. 76. (AB 1527) Effective January 1, 2016.)
  180. 4900.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Bighorn Sheep [4900 - 4903] ( Chapter 11 added by Stats. 1986, Ch. 745, Sec. 3. )

    Verify source ↗

    The section states California’s policy is to preserve, restore, use, and manage bighorn sheep, and says they should be managed at sound biological levels.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Bighorn Sheep [4900 - 4903] ( Chapter 11 added by Stats. 1986, Ch. 745, Sec. 3. ) ## 4900. The Legislature declares that bighorn sheep are an important wildlife resource of the state to be managed and maintained at sound biological levels. Therefore, it is hereby declared to be the policy of the state to encourage the preservation, restoration, utilization, and management of California’s bighorn sheep population. The management shall be in accordance with the policy set forth in Section 1801. (Added by Stats. 1986, Ch. 745, Sec. 3.)
  181. 4901.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Bighorn Sheep [4900 - 4903] ( Chapter 11 added by Stats. 1986, Ch. 745, Sec. 3. )

    Verify source ↗

    The department must determine the status and trend of bighorn sheep populations by management unit, and a plan must be developed for each unit.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Bighorn Sheep [4900 - 4903] ( Chapter 11 added by Stats. 1986, Ch. 745, Sec. 3. ) ## 4901. The department shall determine the status and the trend of bighorn sheep populations by management units. A plan shall be developed for each of the management units. The plan for each management unit shall include all of the following: (a) Data on the numbers, age, sex ratios, and distribution of bighorn sheep within the management unit. (b) A survey of range conditions and a report on the competition that may exist as a result of human, livestock, wild burro, or any other mammal encroachment. (c) An assessment of the need to relocate or reestablish bighorn populations. (d) A statement on the prevalence of disease or parasites within the population. (e) Recommendations for achieving the policy objective of Section 4900. (Added by Stats. 1986, Ch. 745, Sec. 3.)
  182. 4902.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Bighorn Sheep [4900 - 4903] ( Chapter 11 added by Stats. 1986, Ch. 745, Sec. 3. )

    Verify source ↗

    The commission may set rules for Nelson bighorn sheep management and sport hunting, but it cannot authorize more than 15% harvest in one management unit in a year. It also must set tag fees, limit special tags, and require hunter orientation before a tag is valid.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Bighorn Sheep [4900 - 4903] ( Chapter 11 added by Stats. 1986, Ch. 745, Sec. 3. ) ## 4902. (a) The commission may adopt all regulations necessary to provide for biologically sound management of Nelson bighorn sheep (subspecies Ovis canadensis nelsoni). (b) (1) After the plans developed by the department pursuant to Section 4901 for the management units have been submitted, the commission may authorize sport hunting of mature Nelson bighorn rams. Before authorizing the sport hunting, the commission shall take into account the Nelson bighorn sheep population statewide, including the population in the management units designated for hunting. (2) Notwithstanding Section 219, the commission shall not, however, adopt regulations authorizing the sport hunting in a single year of more than 15 percent of the mature Nelson bighorn rams in a single management unit, based on the department’s annual estimate of the population in each management unit. (c) The fee for a bighorn ram tag to take a Nelson bighorn ram shall be four hundred dollars ($400) for a resident of the state, which shall be adjusted annually pursuant to Section 713. On or before July 1, 2015, the commission shall, by regulation, fix the fee for a nonresident of the state at not less than one thousand five hundred dollars ($1,500), which shall be adjusted annually pursuant to Section 713. Fee revenues shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (d) The commission shall annually direct the department to authorize not more than three of the tags available for issuance that year to take Nelson bighorn rams for the purpose of raising funds for programs and projects to benefit Nelson bighorn sheep. These tags may be sold to residents or nonresidents of the State of California at auction or by another method and shall not be subject to the fee limitation prescribed in subdivision (c). Commencing with tags sold for the 1993 hunting season, if more than one tag is authorized, the department shall designate a nonprofit organization organized pursuant to the laws of this state, or the California chapter of a nonprofit organization organized pursuant to the laws of another state, as the seller of not less than one of these tags. The number of tags authorized for the purpose of raising funds pursuant to this subdivision, if more than one, shall not exceed 15 percent of the total number of tags authorized pursuant to subdivision (b). All revenue from the sale of tags pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (e) No tag issued pursuant to this section shall be valid unless and until the licensee has successfully completed a prehunt hunter familiarization and orientation and has demonstrated to the department that he or she is familiar with the requisite equipment for participating in the hunting of Nelson bighorn rams, as determined by the commission. The orientation shall be conducted by the department at convenient locations and times preceding each season, as determined by the commission. (f) This section shall become operative on July 1, 2025. (Repealed and added by Stats. 2018, Ch. 295, Sec. 11. (AB 2151) Effective January 1, 2019. Section operative July 1, 2025, by its own provisions.)
  183. 4903.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Bighorn Sheep [4900 - 4903] ( Chapter 11 added by Stats. 1986, Ch. 745, Sec. 3. )

    Verify source ↗

    Revenue from the chapter’s fees must go into the Big Game Management Account, and the department must keep internal accountability for how the money is spent.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 3. MAMMALS [3950 - 4903] ( Part 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Bighorn Sheep [4900 - 4903] ( Chapter 11 added by Stats. 1986, Ch. 745, Sec. 3. ) ## 4903. Revenue from the fees authorized by this chapter shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. Administrative overhead shall be limited to the reasonable costs associated with the direct administration of the program. These funds shall be used to augment, and not to replace, moneys appropriated from existing funds available to the department for the preservation, restoration, utilization, and management of bighorn sheep. The department shall maintain internal accountability necessary to ensure that all restrictions on the expenditure of these funds are met. (Amended by Stats. 2010, Ch. 408, Sec. 14. (SB 1058) Effective January 1, 2011.)
  184. 5.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    References to any part of the code or other state law include all amendments and additions made before or after the reference.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 5. Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and additions heretofore or hereafter made. (Enacted by Stats. 1957, Ch. 456.)
  185. 500.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Damages from Poaching and Illegal Sales [500- 500.] ( Chapter 6 added by Stats. 1988, Ch. 1059, Sec. 3. )

    Verify source ↗

    The commission must adopt regulations with guidelines for setting civil penalties, including a special cap rule for small-value wildlife violations.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Damages from Poaching and Illegal Sales [500- 500.] ( Chapter 6 added by Stats. 1988, Ch. 1059, Sec. 3. ) ## 500. (a) The commission shall, by regulation, adopt guidelines to assist the director and the department in ascertaining the amount of civil penalties to be imposed pursuant to Section 2582 or 2583. The guidelines may include monetary amounts or ranges of monetary amounts that the commission finds are adequate to deter illegal actions and partially compensate the people of California for losses to the fish and wildlife resources from illegal transactions described in Section 2582 or 2583 for profit or personal gain. (b) If the violation involves birds, mammals, amphibians, reptiles, or fish with a value in the aggregate of less than four hundred dollars ($400) and involves only the transportation, taking, or receipt of fish or wildlife taken or possessed in violation of this code, the guidelines shall provide that the civil penalty shall not exceed the maximum criminal fine provided by law for the violation in this code or ten thousand dollars ($10,000), whichever is less. For purposes of this section, “value” means the retail market value if a market value exists, the potential monetary gain to the accused or, for commercial species, the established retail market value. (c) The guidelines shall include consideration of the nature, circumstances, extent, and gravity of the prohibited acts committed, and the degree of culpability of the violator, including lesser penalties for acts which have little significant effect upon the resources and greater penalties for acts which may cause serious injury to the resources. (d) Nothing in this chapter or in Chapter 6.5 (commencing with Section 2580) of Division 3 shall be used to establish a monetary value for fish or wildlife resources in connection with any development, project, or land or water use plan or activity as permitted by any federal, state, or local governmental activity. This chapter does not apply to any action brought to recover civil damages under Section 2014. (Added by Stats. 1988, Ch. 1059, Sec. 3.)
  186. 5000.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 1. Turtles [5000 - 5002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Desert Tortoises [5000 - 5002] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to sell, purchase, harm, take, possess, transport, or shoot a projectile at a tortoise, unless the taking is authorized by the department.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 1. Turtles [5000 - 5002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Desert Tortoises [5000 - 5002] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5000. It is unlawful to sell, purchase, harm, take, possess, transport, or shoot a projectile at, a tortoise (Gopherus). This section does not apply to the taking of a tortoise when authorized by the department. (Amended by Stats. 2015, Ch. 154, Sec. 77. (AB 1527) Effective January 1, 2016.)
  187. 5001.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 1. Turtles [5000 - 5002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Desert Tortoises [5000 - 5002] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Some tortoise possession is exempt if the owner can show the tortoise was legally acquired and possessed before this section took effect.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 1. Turtles [5000 - 5002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Desert Tortoises [5000 - 5002] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5001. The provisions of Section 5000 do not prohibit the possession of any tortoise (Gopherus) when the owner can demonstrate that such tortoise was legally acquired and possessed before the effective date of this section. The owner of a tortoise which may be possessed under this section shall mark or otherwise identify such tortoise to the satisfaction of the department, and shall not transfer such tortoise to any other person without prior approval of the department. (Added by Stats. 1972, Ch. 301.)
  188. 5002.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 1. Turtles [5000 - 5002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Desert Tortoises [5000 - 5002] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may issue permits for possession of a tortoise or tortoise product by certain institutions, if the commission’s terms and conditions are followed.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 1. Turtles [5000 - 5002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Desert Tortoises [5000 - 5002] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5002. The department may issue permits, subject to any terms and conditions prescribed by the commission, authorizing the possession of a tortoise (Gopherus) or product of a tortoise by an educational or scientific institution or a public zoological garden. (Amended by Stats. 2015, Ch. 154, Sec. 78. (AB 1527) Effective January 1, 2016.)
  189. 5050.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 2. Fully Protected Reptiles and Amphibians [5050- 5050.] ( Heading of Chapter 2 added by Stats. 1974, Ch. 605. )

    Verify source ↗

    Fully protected reptiles and amphibians generally may not be taken or possessed, but the department may allow take for necessary scientific research and may issue permits for legally imported animals.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 2. Fully Protected Reptiles and Amphibians [5050- 5050.] ( Heading of Chapter 2 added by Stats. 1974, Ch. 605. ) ## 5050. (a) (1) Except as provided in this section, or Section 2081.5, 2081.7, 2081.9, 2081.12, 2081.15, or 2835, a fully protected reptile or amphibian may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected reptile or amphibian, and no permit or license previously issued shall have any force or effect for that purpose. However, the department may authorize the taking of a fully protected reptile or amphibian for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected reptile or amphibian, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of that person’s interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. (2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. (3) A legally imported fully protected reptile or amphibian may be possessed under a permit issued by the department. (b) The following are fully protected reptiles and amphibians: (1) Blunt-nosed leopard lizard (Gambelia sila). (2) San Francisco garter snake (Thamnophis sirtalis tetrataenia). (3) Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum). (4) Limestone salamander (Hydromantes brunus). (5) Black toad (Bufo boreas exsul). (Amended by Stats. 2023, Ch. 59, Sec. 5. (SB 147) Effective July 10, 2023.)
  190. 5060.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 3. Commercial Use of Reptiles [5060 - 5062] ( Chapter 3 added by Stats. 1974, Ch. 605. )

    Verify source ↗

    In this chapter, “native reptiles” means snakes, lizards, turtles, and other reptiles native to California.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 3. Commercial Use of Reptiles [5060 - 5062] ( Chapter 3 added by Stats. 1974, Ch. 605. ) ## 5060. “Native reptiles” as used in this chapter means snakes, lizards, turtles, or any other members of the class reptilia native to California. (Added by Stats. 1974, Ch. 605.)
  191. 5061.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 3. Commercial Use of Reptiles [5060 - 5062] ( Chapter 3 added by Stats. 1974, Ch. 605. )

    Verify source ↗

    The commission must establish rules and regulations for the commercial take, sale, transport, export, or import of native reptiles.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 3. Commercial Use of Reptiles [5060 - 5062] ( Chapter 3 added by Stats. 1974, Ch. 605. ) ## 5061. The commission shall establish rules and regulations for the commercial take, sale, transport, export, or import of native reptiles. (Added by Stats. 1974, Ch. 605.)
  192. 5062.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 3. Commercial Use of Reptiles [5060 - 5062] ( Chapter 3 added by Stats. 1974, Ch. 605. )

    Verify source ↗

    Permits cannot be issued or renewed for alligator or crocodile farms when the animals are kept for meat or hides.

    ## Fish and Game Code - FGC ## DIVISION 5. PROTECTED REPTILES AND AMPHIBIANS [5000 - 5062] ( Heading of Division 5 amended by Stats. 1974, Ch. 605. ) ## CHAPTER 3. Commercial Use of Reptiles [5060 - 5062] ( Chapter 3 added by Stats. 1974, Ch. 605. ) ## 5062. Notwithstanding any other provision of law, no permit shall be issued for the operation of a farm for alligators or any species of the family crocodilidae if the animals are kept for the use and sale of the meat or hides. No permit for the operation of a farm for alligators or any species of the family crocodilidae shall be renewed if the animals are kept for the use and sale of the meat or hides. (Added by Stats. 1991, Ch. 776, Sec. 1.)
  193. 51.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Kelp” is defined to include kelp, other marine aquatic plants, and their seeds.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 51. “Kelp” means kelp or other marine aquatic plants and the seeds thereof. (Enacted by Stats. 1957, Ch. 456.)
  194. 54.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Mammal” is defined as a wild or feral mammal, or part of one, but it does not include a wild, feral, or undomesticated burro.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 54. “Mammal” means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. (Amended by Stats. 2015, Ch. 154, Sec. 6. (AB 1527) Effective January 1, 2016.)
  195. 54.5.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    This section defines “Marine finfish aquaculture” as the propagation, cultivation, or maintenance of finfish species in Pacific Ocean waters regulated by the state.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 54.5. “Marine finfish aquaculture” means the propagation, cultivation, or maintenance of finfish species in the waters of the Pacific Ocean that are regulated by this state. (Added by Stats. 2006, Ch. 36, Sec. 2. Effective January 1, 2007.)
  196. 55.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    This section defines “mile” and says which kind of mile applies in different contexts.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 55. “Mile” means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. Statute miles shall be the unit of measurement for all land masses, rivers, streams, creeks, and inland bodies of water. Nautical miles shall be the unit of measurement for all marine waters. (Added by Stats. 1992, Ch. 1370, Sec. 1. Effective October 27, 1992.)
  197. 5500.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Using explosives in fish-inhabited waters is unlawful unless a permit is first obtained from the department or the emergency exception applies.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5500. It is unlawful to use explosives in the waters of the state inhabited by fish, except in one of the following circumstances: (a) Pursuant to a permit first obtained by the user from the department, consistent with terms and conditions set by the commission. The department’s decision to grant or deny a permit may be appealed to the commission by any person. (b) In an emergency, to remove an accidental obstruction to the flow of water. (Amended by Stats. 2023, Ch. 132, Sec. 101. (AB 1760) Effective January 1, 2024.)
  198. 5501.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may take fish it thinks are unduly preying on birds, mammals, or other fish, and the commission may set permit terms for taking fish the department thinks are harmful and should be reduced in number.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5501. The department may take any fish which, in its opinion, is unduly preying upon any bird, mammal, or fish. The commission may prescribe the terms of a permit to take any fish which, in the opinion of the department, is harmful to other species of fish and which should be reduced in numbers. (Enacted by Stats. 1957, Ch. 456.)
  199. 5503.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    You may not take fish just to remove their eggs, except for brood stock development for aquaculture under the specified regulations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5503. It is unlawful to take any fish for the sole purpose of removing its eggs except for the purpose of developing a brood stock for aquaculture purposes under Division 12 (commencing with Section 15000) pursuant to regulations promulgated by the Fish and Game Commission. The commission shall also determine ownership and regulate distribution of progeny taken from wild brood stock, other than those obtained pursuant to Section 15300. (Amended by Stats. 1982, Ch. 1486, Sec. 8.)
  200. 5504.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may issue short-term letters of authorization for specified marine-resource and public-safety purposes, but they cannot be extended and cannot authorize protected or endangered species.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5504. The department may issue a letter of authorization to allow the taking of marine living resources or to authorize the take and possession of marine resources and possession of gear or equipment that would otherwise be prohibited in marine waters to support data collection, environmental cleanup, hazard removal, or public health and safety. A letter of authorization shall be valid for no more than 30 days, shall not be extended, and shall be issued only to meet immediate time-sensitive public safety, public health, research, or environmental needs, and shall not authorize the taking of fully protected species listed in Section 3511, 4700, 5050, or 5515, or species listed as threatened or endangered pursuant to Section 2070. A letter of authorization is not a substitute for a permit issued under Section 1002, Section 1022, or any other law and regulation that can otherwise be obtained. A letter of authorization shall identify the issuee and include detailed information about the activity authorized. The department shall maintain records of all letters of authorization for no less than five years from the date of issuance, and shall provide them upon request to the public. (Added by Stats. 2021, Ch. 770, Sec. 1. (SB 822) Effective January 1, 2022.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.