citation: FGC § 3701

text:
(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.

history: (History: Amended by Stats. 2021, Ch. 521, Sec. 7. (AB 614) Effective January 1, 2022.)

article: 3. Migratory Birds


kind: section

code: FGC

citation: FGC § 3702

text: 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.

history: (History: Amended by Stats. 2004, Ch. 713, Sec. 1. Effective January 1, 2005.)

division: 4. BIRDS AND MAMMALS

chapter: 2. Particular Varieties

article: 3. Migratory Birds

path: 4. BIRDS AND MAMMALS > 2. Particular Varieties > 3. Migratory Birds


text: 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.

history: (History: Added by Stats. 2014, Ch. 259, Sec. 2. (SB 1434) Effective January 1, 2015.)

article: 3. Migratory Birds


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

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 74. (AB 1760) Effective January 1, 2024.)

article: 3. Migratory Birds


citation: FGC § 3703

text: 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.

history: (History: Added by Stats. 1970, Ch. 1582.)

article: 3. Migratory Birds


citation: FGC § 3704

text: 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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 75. (AB 1760) Effective January 1, 2024.)

article: 3. Migratory Birds


text: 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.

history: (History: Amended by Stats. 2025, Ch. 401, Sec. 4. (AB 1520) Effective January 1, 2026.)

article: 3. Migratory Birds


citation: FGC § 3705

text: 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.

article: 3. Migratory Birds


citation: FGC § 3800

text:
(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.

history: (History: Amended by Stats. 1994, Ch. 768, Sec. 2. Effective January 1, 1995.)

chapter: 3. Nongame Birds

path: 4. BIRDS AND MAMMALS > 3. Nongame Birds


citation: FGC § 3801

text:
(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.

history: (History: Amended by Stats. 2025, Ch. 441, Sec. 1. (AB 764) Effective January 1, 2026.)


text:
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.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 34.)


text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 78. (AB 1760) Effective January 1, 2024.)


citation: FGC § 3802

text: 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.

history: (History: Enacted by Stats. 1957, Ch. 456.)


citation: FGC § 3803

text: 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.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 72. Effective January 1, 2008.)


citation: FGC § 3806

text: 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.

history: (History: Amended by Stats. 1986, Ch. 1368, Sec. 15.)


citation: FGC § 3850

text:
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.

history: (History: Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)

chapter: 4. California Condor

path: 4. BIRDS AND MAMMALS > 4. California Condor


citation: FGC § 3851

text: 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.


citation: FGC § 3852

text: 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.


citation: FGC § 3853

text: 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.


citation: FGC § 3854

text: Not more than 10 percent of the funds provided to the zoos under this chapter may be used for administrative costs of the program.


citation: FGC § 3855

text: 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.


citation: FGC § 3856

text: 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.


citation: FGC § 3857

text: 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.


citation: FGC § 3858

text:
(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.

history: (History: Added by Stats. 2018, Ch. 586, Sec. 2. (AB 2640) Effective January 1, 2019.)


citation: FGC § 3860

text: This chapter shall be known, and may be cited, as the Avian Influenza Wildlife Surveillance Act.

history: (History: Added by Stats. 2006, Ch. 708, Sec. 1. Effective September 29, 2006.)

path: 4. BIRDS AND MAMMALS > 5. Avian Influenza Wildlife Surveillance Act


citation: FGC § 3861

text:
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.

chapter: 5. Avian Influenza Wildlife Surveillance Act


citation: FGC § 3862

text: 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.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 96. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)


citation: FGC § 3863

text:
(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.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 97. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)


citation: FGC § 3950

text:
(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.

history: (History: 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.)

chapter: 1. Game Mammals

path: 4. BIRDS AND MAMMALS > 1. Game Mammals


text:
(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.

history: (History: Added June 5, 1990, by initiative Proposition 117, Sec. 3.)


citation: FGC § 3951

text:
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.

history: (History: Amended by Stats. 2003, Ch. 291, Sec. 2. Effective January 1, 2004.)


citation: FGC § 3952

text:
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.

history: (History: Added by Stats. 2003, Ch. 291, Sec. 3. Effective January 1, 2004.)


citation: FGC § 3953

text:
(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.

history: (History: 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.)


citation: FGC § 3960

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 80. (AB 1760) Effective January 1, 2024.)


text:
(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.

history: (History: Added by Stats. 2012, Ch. 595, Sec. 3. (SB 1221) Effective January 1, 2013.)


text:
(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).

history: (History: Added by Stats. 2012, Ch. 595, Sec. 4. (SB 1221) Effective January 1, 2013.)


text:
(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.

history: (History: Added by Stats. 2012, Ch. 595, Sec. 5. (SB 1221) Effective January 1, 2013.)


citation: FGC § 3961

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 81. (AB 1760) Effective January 1, 2024.)


citation: FGC § 3965

text:
(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.

history: (History: Added by Stats. 2022, Ch. 469, Sec. 16. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)

chapter: 1.5. Exotic Game Mammals

path: 4. BIRDS AND MAMMALS > 1.5. Exotic Game Mammals


citation: FGC § 4000

text: The following are fur-bearing mammals: pine marten, fisher, mink, river otter, gray fox, red fox, kit fox, raccoon, beaver, badger, and muskrat.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 73. Effective January 1, 2008.)

chapter: 2. Fur-Bearing Mammals

article: 1. Trapping Provisions

path: 4. BIRDS AND MAMMALS > 2. Fur-Bearing Mammals > 1. Trapping Provisions


citation: FGC § 4001

text: 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.

history: (History: Added by Stats. 2019, Ch. 216, Sec. 5. (AB 273) Effective January 1, 2020.)

article: 1. Trapping Provisions


citation: FGC § 4002

text: 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.

history: (History: Amended by Stats. 1959, Ch. 980.)

article: 1. Trapping Provisions


citation: FGC § 4003

text: 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.

history: (History: Enacted by Stats. 1957, Ch. 456.)

article: 1. Trapping Provisions


citation: FGC § 4004

text:
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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 82. (AB 1760) Effective January 1, 2024.)

article: 1. Trapping Provisions


citation: FGC § 4005

text:
(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.

history: (History: Amended by Stats. 2019, Ch. 216, Sec. 7. (AB 273) Effective January 1, 2020.)

article: 1. Trapping Provisions


citation: FGC § 4006

text:
(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.

history: (History: Amended by Stats. 2012, Ch. 565, Sec. 17. (SB 1148) Effective January 1, 2013.)

article: 1. Trapping Provisions


citation: FGC § 4007

text: 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.

history: (History: Amended by Stats. 2019, Ch. 216, Sec. 8. (AB 273) Effective January 1, 2020.)

article: 1. Trapping Provisions


citation: FGC § 4008

text: 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.

history: (History: Amended by Stats. 2019, Ch. 216, Sec. 9. (AB 273) Effective January 1, 2020.)

article: 1. Trapping Provisions


citation: FGC § 4009

text: 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.

history: (History: Amended by Stats. 1983, Ch. 1048, Sec. 2. Effective September 26, 1983.)

article: 1. Trapping Provisions


text: 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.

history: (History: Amended by Stats. 2019, Ch. 216, Sec. 10. (AB 273) Effective January 1, 2020.)

article: 1. Trapping Provisions


citation: FGC § 4010

text: 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.

article: 1. Trapping Provisions


citation: FGC § 4011

text:
(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.

history: (History: Amended by Stats. 2009, Ch. 294, Sec. 12. (AB 1442) Effective January 1, 2010.)

article: 1. Trapping Provisions


citation: FGC § 4012

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

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 76. Effective January 1, 2008.)

article: 1. Trapping Provisions


citation: FGC § 4030

text:
(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.

history: (History: Added by Stats. 2024, Ch. 705, Sec. 2. (AB 2196) Effective January 1, 2025.)

article: 2. Beaver Restoration Program

path: 4. BIRDS AND MAMMALS > 2. Fur-Bearing Mammals > 2. Beaver Restoration Program


citation: FGC § 4150

text:
(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.

history: (History: 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.)

chapter: 3. Nongame Mammals and Depredators

article: 1. Nongame Mammals

path: 4. BIRDS AND MAMMALS > 3. Nongame Mammals and Depredators > 1. Nongame Mammals


citation: FGC § 4151

text: 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.

history: (History: Amended by Stats. 1971, Ch. 1470.)

article: 1. Nongame Mammals


citation: FGC § 4152

text:
(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.

history: (History: Amended by Stats. 2019, Ch. 766, Sec. 1. (AB 1254) Effective January 1, 2020.)

article: 1. Nongame Mammals


citation: FGC § 4153

text:
(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.

history: (History: Amended by Stats. 2019, Ch. 766, Sec. 2. (AB 1254) Effective January 1, 2020.)

article: 1. Nongame Mammals


citation: FGC § 4154

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 83. (AB 1760) Effective January 1, 2024.)

article: 1. Nongame Mammals


citation: FGC § 4155

text:
(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.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 73. (AB 1527) Effective January 1, 2016.)

article: 1. Nongame Mammals


citation: FGC § 4156

text:
(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).

history: (History: Added by Stats. 2019, Ch. 766, Sec. 4. (AB 1254) Effective January 1, 2020.)

article: 1. Nongame Mammals


citation: FGC § 4157

text:
(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.

history: (History: Added by Stats. 2019, Ch. 766, Sec. 5. (AB 1254) Effective January 1, 2020.)

article: 1. Nongame Mammals


citation: FGC § 4158

text:
(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.

history: (History: Added by Stats. 2019, Ch. 766, Sec. 6. (AB 1254) Effective January 1, 2020.)

article: 1. Nongame Mammals


citation: FGC § 4180

text:
(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.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 78. Effective January 1, 2008.)

article: 2. Depredators

path: 4. BIRDS AND MAMMALS > 3. Nongame Mammals and Depredators > 2. Depredators


text:
(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.).

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 84. (AB 1760) Effective January 1, 2024.)

article: 2. Depredators


text: As used in this article, “wild pigs” has the meaning set forth in Section 4650.

history: (History: Added by Stats. 2023, Ch. 132, Sec. 85. (AB 1760) Effective January 1, 2024.)

article: 2. Depredators


citation: FGC § 4181

text:
(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).

history: (History: Amended by Stats. 2022, Ch. 469, Sec. 19. (SB 856) Effective January 1, 2023.)

article: 2. Depredators


text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 86. (AB 1760) Effective January 1, 2024.)

article: 2. Depredators


text: 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.

history: (History: Added by Stats. 1997, Ch. 481, Sec. 3. Effective January 1, 1998.)

article: 2. Depredators


text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 87. (AB 1760) Effective January 1, 2024.)

article: 2. Depredators


citation: FGC § 4185

text: 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.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 35.)

article: 2. Depredators


citation: FGC § 4186

text: 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.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 82. Effective January 1, 2008.)

article: 2. Depredators


citation: FGC § 4188

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 88. (AB 1760) Effective January 1, 2024.)

article: 2. Depredators


citation: FGC § 4190

text: 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.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 184. Effective January 1, 2007.)

article: 2. Depredators


citation: FGC § 4301

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 89. (AB 1760) Effective January 1, 2024.)

chapter: 4. Deer

article: 1. Taking Deer

path: 4. BIRDS AND MAMMALS > 4. Deer > 1. Taking Deer


citation: FGC § 4302

text: 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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 90. (AB 1760) Effective January 1, 2024.)

article: 1. Taking Deer


citation: FGC § 4303

text:
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.

history: (History: Amended by Stats. 1970, Ch. 111.)

article: 1. Taking Deer


citation: FGC § 4304

text:
(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.

history: (History: 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.)

article: 1. Taking Deer


citation: FGC § 4330

text: It is unlawful to take any deer without first procuring a deer tag or permit authorizing the taking of that deer.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 83. Effective January 1, 2008.)

article: 2. License Tags

path: 4. BIRDS AND MAMMALS > 4. Deer > 2. License Tags


citation: FGC § 4331

text: The commission may determine the design and makeup of the deer tag and prescribe the procedures for issuance and use.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 84. Effective January 1, 2008.)

article: 2. License Tags


citation: FGC § 4332

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 93. (AB 1760) Effective January 1, 2024.)

article: 2. License Tags


citation: FGC § 4333

text: Tags are valid only during that portion of the current hunting license year in which deer may be taken or possessed in any area.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 86. Effective January 1, 2008.)

article: 2. License Tags


citation: FGC § 4334

text:
(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.

history: (History: Repealed and added by Stats. 2010, Ch. 408, Sec. 10. (SB 1058) Effective January 1, 2011.)

article: 2. License Tags


citation: FGC § 4336

text:
(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.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 88. Effective January 1, 2008.)

article: 2. License Tags


citation: FGC § 4340

text:
(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.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 89. Effective January 1, 2008.)

article: 2. License Tags


citation: FGC § 4341

text: 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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 94. (AB 1760) Effective January 1, 2024.)

article: 2. License Tags


citation: FGC § 4370

text:
(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.

history: (History: Amended by Stats. 2012, Ch. 711, Sec. 1. (SB 1367) Effective January 1, 2013.)

article: 3. Archery Deer Hunting

path: 4. BIRDS AND MAMMALS > 4. Deer > 3. Archery Deer Hunting


citation: FGC § 4371

text: The provisions of this code relating to deer shall be applicable to the taking of deer with bow and arrow.

history: (History: Enacted by Stats. 1957, Ch. 456.)

article: 3. Archery Deer Hunting


citation: FGC § 4500

text:
(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.

history: (History: Amended by Stats. 1975, Ch. 786.)

chapter: 5. Marine Mammals

path: 4. BIRDS AND MAMMALS > 5. Marine Mammals


citation: FGC § 4501

text:
(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.

history: (History: Added by Stats. 2006, Ch. 296, Sec. 2. Effective January 1, 2007.)


text:
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.

history: (History: Added by Stats. 2016, Ch. 340, Sec. 8. (SB 839) Effective September 13, 2016.)


citation: FGC § 4600

text:
(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.

history: (History: Amended by Stats. 2007, Ch. 128, Sec. 1. Effective July 27, 2007.)

chapter: 6. Burros

path: 4. BIRDS AND MAMMALS > 6. Burros


citation: FGC § 4650

text:
(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.

history: (History: 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.)

chapter: 7. Wild Pigs

path: 4. BIRDS AND MAMMALS > 7. Wild Pigs


text:
(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.

history: (History: Added by Stats. 2022, Ch. 469, Sec. 25. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)


citation: FGC § 4652

text:
(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.

history: (History: 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.)


text:
(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.

history: (History: Added by Stats. 2022, Ch. 469, Sec. 28. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)


citation: FGC § 4653

text:
(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.

history: (History: 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.)