DIVISION 4. BIRDS AND MAMMALS [3000. - 4903.]

Division 4 enacted by Stats. 1957, Ch. 456.

§§ 3000–4903 · 258 sections

PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH §§ 3000–3480 · 107 sections
1. CHAPTER 1. General Provisions §§ 3000–3087 · 41 sections
  1. ARTICLE 1. Methods of Taking §§ 3000–3012 · 18 sections
    § 3000 It is unlawful to take any bird or mammal, except a nongame mammal, between one-half hour after sunset and one-half hour before sunrise of the following day at…
    § 3001 It is unlawful to take birds or mammals with firearms, BB devices as defined in Section 16250 of the Penal Code, crossbows, or with bow and arrow when…
    § 3002 It is unlawful to shoot at any game bird or mammal, including a marine mammal as defined in Section 4500, from a powerboat, sailboat, motor vehicle, or…
    § 3003 (a) It is unlawful for a person to shoot, shoot at, or kill a bird or mammal with a gun or other device accessed via an Internet connection in this state. (b)…
    § 3003.1 (a) Notwithstanding Section 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4152, 4180, or 4181: (1) It is unlawful for any person to trap for the purpos
    § 3003.2 Notwithstanding Sections 4003, 4152, 4180, or 4180.1 of this code or Section 14063 of the Food and Agricultural Code, no person, including an employee of the…
    § 3003.5 It is unlawful to pursue, drive, or herd any bird or mammal with any motorized water, land, or air vehicle, including, but not limited to, a motor vehicle,…
    § 3004 (a) It is unlawful for a person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person…
    § 3004.5 (a) (1) Nonlead centerfire rifle and pistol ammunition, as determined by the commission, shall be required when taking big game, as defined in the department’s…
    § 3005 (a) It is unlawful to take birds or mammals with any net, pound, cage, trap, set line or wire, or poisonous substance, or to possess birds or mammals so taken,…
    § 3005.5 (a) It is unlawful to capture any game mammal, exotic game mammal, game bird, nongame bird, nongame mammal, or furbearer, or to possess or confine any live…
    § 3006 Except as authorized under a domesticated game breeder’s license, a deer, elk, or bear kept in captivity may be killed only with the approval of the…
    § 3007 Except as provided in this code or regulations adopted pursuant to this code, it is unlawful to take a bird or mammal without a license or entitlement to do so.
    § 3008 The physical control of a dog by its owner while the dog is engaged in hunting in an area where the owner is otherwise authorized to hunt, shall be as required…
    § 3009 Every person who while taking any bird or mammal kills or injures another person by the use of any firearm, bow and arrow, spear, slingshot, or other weapon or…
    § 3010 It is unlawful for any person to take any pheasant within 300 yards of any vehicle from which pheasants are being released into an area for hunting while such…
    § 3011 No person, including employees of the state, federal or county government, shall take bear with iron or steel-jawed or any type of metal-jawed traps, and no…
    § 3012 It is unlawful to use any recorded or electrically amplified bird or mammal calls or sounds, or recorded or electrically amplified imitations of bird or mammal…
  2. ARTICLE 2. Hunting Licenses §§ 3031–3040 · 10 sections
    § 3031 (a) A hunting license, granting the privilege to take birds and mammals, shall be issued to any of the following: (1) A resident of this state, 16 years of age…
    § 3031.2 (a) In addition to Section 3031, and notwithstanding Section 3037, the department shall issue lifetime hunting licenses under this section. A lifetime hunting…
    § 3031.5 For the purpose of obtaining a hunting license, enrollees in the Job Corps, created by the Economic Opportunity Act of 1964 (Public Law 88-452), shall be…
    § 3032 (a) As used in this section: (1) “Bear” and “pursue” have the same meanings as defined in Section 3960. (2) “Hound” means a dog used to pursue mammals. (b) The…
    § 3033 (a) Pursuant to this section, the department shall issue to a disabled veteran or recovering service member who has not been convicted of a violation of this…
    § 3034 (a) The department shall prepare a report to the Legislature no later than July 1, 2024, on the effects of the reduced-price tags issued pursuant to Sections…
    § 3037 A hunting license authorizes the person to whom it is issued to take birds and mammals, in accordance with law, for a term of one year from July 1st to June…
    § 3038 Any member of the armed forces of the United States who is in a military medical facility and who is at least 70 percent disabled shall be issued a hunting…
    § 3039 (a) Except as otherwise provided in this section, Section 2023, Section 3087, Section 4303, another provision of this code, or a regulation adopted pursuant to…
    § 3040 (a) Notwithstanding Section 3031, the director shall, no later than July 1, 2023, designate two days per year as “Free Hunting Days.” The department shall…
  3. ARTICLE 2.5. Hunter’s Safety §§ 3049–3054 · 6 sections
    § 3049 (a) It is the intent of the Legislature in enacting this article to ensure the health and safety of its citizens engaged in activities requiring the use of…
    § 3050 (a) No hunting license may be issued to any person unless he or she presents to the person authorized to issue that license any of the following: (1) Evidence…
    § 3051 (a) The department shall provide for a course of instruction in hunter education, principles of conservation, and positive sporting behavior, and for this…
    § 3052 A person receiving instruction from a hunter education instructor shall not be charged a fee for the service provided by the instructor, but may be charged a…
    § 3053 In the case of loss or destruction of a certificate, a duplicate certificate may be issued by the instructor who issued the original certificate, or, by an…
    § 3054 The department shall furnish information on hunter safety, principles of conservation, and sportsmanship that shall be distributed free of charge to persons…
  4. ARTICLE 3. Special Colorado River Hunting Licenses §§ 3060–3063 · 4 sections
    § 3060 The department, in conformity with such regulations as the commission may prescribe, may issue special Colorado River hunting licenses when the commission…
    § 3061 A special Colorado River hunting license may be issued to any person holding a hunting license issued by the State of Arizona.
    § 3062 A special Colorado River hunting license shall entitle the holder thereof to take only migratory waterfowl and only in, on, or along the Colorado River in…
    § 3063 The fee for a special Colorado River hunting license shall be two dollars ($2), and each such license shall be valid until the end of the calendar year in…
  5. ARTICLE 4. Possession of Birds and Mammals After Season §§ 3080–3087 · 3 sections
    § 3080 (a) For the purposes of this section, “donor intermediary” means a recipient who receives a game bird or mammal from a donor to give to a charitable…
    § 3086 Cold storage plants and frozen food locker plants shall make and keep a complete detailed record of all game birds or mammals stored in such plants. A record…
    § 3087 (a) (1) Every person who prepares, stuffs, or mounts the skin of any fish, reptile, amphibian, bird, or mammal for another person for a fee shall make and keep…
2. CHAPTER 2. Commercial Activities §§ 3200–3480 · 66 sections
  1. ARTICLE 1. Domesticated Game Breeding §§ 3200–3219 · 17 sections
    § 3200 Any person engaged in raising or importing, or who keeps in captivity, in this state domesticated game birds or domesticated game mammals which normally exist…
    § 3201 No person shall sell the carcass of any domesticated game bird or mammal without first obtaining a domesticated game breeder’s license from the department. The…
    § 3202 There are classes of domesticated game breeder’s licenses, designated “class 1” and “class 2.” (a) A class 1 domesticated game breeder’s license authorizes the…
    § 3203 The department shall issue a class 1 domesticated game breeder’s license upon the payment of a base fee of eight dollars ($8), as adjusted under Section 713,…
    § 3204 Licenses issued under the provisions of this article are valid for a term of one year from January 1st, or, if issued after the beginning of such term, for the…
    § 3205 Carriers for hire may carry within the State live domesticated game birds and mammals upon such terms and conditions as the commission may prescribe.
    § 3206 No domesticated game bird or mammal shall be transported or sold dead unless each quarter and each loin of the carcass of each large mammal, the carcass of…
    § 3207 The department shall collect three cents ($0.03) for each tag or seal.
    § 3208 On or before January 31st of each year, every person to whom a domesticated game breeder’s license has been issued shall report the following to the department…
    § 3209 (a) In lieu of the tag required by Section 3206, poultry processing plants licensed pursuant to Chapter 4 (commencing with Section 18650) or Chapter 4.1…
    § 3212 The keeper of a hotel, restaurant, boardinghouse, or club may sell portions of a quarter or loin of a large mammal, or the carcass of a game bird or mammal…
    § 3213 A retail meat dealer may, without a license, sell portions of a quarter or loin of a large mammal or the carcass of a game bird or mammal raised or imported…
    § 3214 Domesticated game breeders or other persons holding domesticated game mammals in captivity shall confine the mammals in escape-proof cages or enclosures. In…
    § 3216 All domesticated game birds and mammals, excepting deer, sold under the provisions of this article, shall be killed otherwise than by shooting. This section…
    § 3217 The carcass of a game bird which shows that it has been killed by shooting shall constitute prima facie evidence that it was not a domesticated game bird. The…
    § 3218 Any license issued under this article may be revoked by the commission upon conviction of the licensee of a violation of any provision of this code, and no…
    § 3219 Domesticated reindeer may be imported into this State and sold only in accordance with regulations which the commission may prescribe.
  2. ARTICLE 2. Commercial Hunting Clubs §§ 3240.5–3246 · 6 sections
    § 3240.5 (a) For purposes of this article, the following terms have the following meanings: (1) “Commercial hunting club” means property with respect to which a fee is…
    § 3241 (a) An application for a commercial hunting club license shall be submitted on a form furnished by the department. The application, which shall set forth all…
    § 3242 (a) The department may issue a commercial hunting club license to any person upon submission of a completed application and payment of the required fee,…
    § 3243.5 The commission may transfer a commercial hunting club license to other land owned or controlled by the licensee, in the same county as the originally licensed…
    § 3245 Commercial hunting club licenses are valid for a term of one year from July 1st, or, if issued after the beginning of such term, for the remainder thereof. A…
    § 3246 Any license issued under this article may be revoked by the commission at one of the commission’s regularly scheduled meetings, or by a court of competent…
  3. ARTICLE 3. Licensed Domesticated Game Bird Hunting Clubs § 3270 · 1 section
    § 3270 In order to provide additional hunting by stocking domestically propagated game birds, and to permit the taking of game birds under conditions that will not…
  4. ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas §§ 3300–3311 · 11 sections
    § 3300 It is unlawful for any person to engage in the raising and releasing, or the releasing, of domesticated migratory game birds for shooting by persons who pay…
    § 3301 The application for a license shall show the size and location of the area to be licensed. If an application is approved and a license is issued, the licensee…
    § 3302 The commission may prescribe additional regulations deemed necessary for the releasing and shooting of domesticated migratory game birds and shall set the…
    § 3303 Where domesticated migratory game birds are reared or held for release by the licensee, the licensee shall provide proper and adequate care for the birds and…
    § 3305 All domesticated migratory game birds at time of release for shooting shall be at least 14 weeks of age, capable of strong and sustained flight, fully…
    § 3306 Shooting shall be confined to blinds, except for shooting necessary to recover a downed and injured bird, and not more than three shooters shall occupy or use…
    § 3307 All birds killed or injured by shooters shall be retrieved without delay, and all injured birds shall be humanely dispatched. The licensee shall not permit…
    § 3308 Licensees shall pay the department an inspection fee not to exceed five cents ($0.05) for each domesticated migratory game bird raised or used on a licensed…
    § 3309 No dead, domesticated migratory game bird shall be removed from the premises of a licensed area until there is securely attached to the carcass a seal, and…
    § 3310 It shall be unlawful for any person to shoot domesticated migratory game birds on a licensed area without having a valid hunting license as provided by Section…
    § 3311 The licensee shall comply with all applicable federal laws or regulations relating to the releasing and shooting of domesticated migratory game birds.
  5. ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands §§ 3400–3408 · 8 sections
    § 3400 It is the policy of the state actively to ensure the improvement of wildlife habitat on private land in order to encourage the propagation, utilization, and…
    § 3401 (a) The commission may authorize the department to issue revocable, nontransferable licenses for the operation of wildlife habitat enhancement and management…
    § 3402 (a) A license for a wildlife habitat enhancement and management area may be issued to any landholder or combination of landholders upon approval by the…
    § 3403 The commission shall require the landowners of a wildlife habitat enhancement and management area to post all or part of its boundaries with public land. The…
    § 3404 (a) The commission may adopt regulations necessary for the administration of this article. (b) After notice and a hearing, the commission may revoke the…
    § 3406 (a) Upon approval of the wildlife habitat enhancement and management plan, the department shall issue a license, which shall be valid for five calendar years,…
    § 3407 (a) The commission may require that any fish, bird, or mammal taken in a wildlife habitat enhancement and management area licensed pursuant to this article be…
    § 3408 Any landholder who has paid the fee required by this article, has a valid license issued pursuant to this article, and who is conducting activities pursuant to…
  6. ARTICLE 6. Management of Fish and Wildlife on Military Lands §§ 3450–3453 · 4 sections
    § 3450 It is the policy of the state to actively encourage the biologically sound management of fish and other wildlife resources on lands administered by the United…
    § 3451 The department may coordinate and cooperate with all branches of the United States military service, Department of Defense, for the purpose of developing fish…
    § 3452 The commission may adopt regulations and authorize the department to enter into agreements with the United States Department of Defense for the administration…
    § 3453 (a) Upon approval of specific management plans and programs, which reflect the recommendations of the department, the commission may authorize actions and…
  7. ARTICLE 7. The California Waterfowl Habitat Program §§ 3460–3467.5 · 8 sections
    § 3460 (a) Subject to appropriation pursuant to Section 3467, the director may enter into contracts with nonpublic entities which are owners of record, or with…
    § 3461 Each contract shall be for an initial term of 10 years and shall include all of the following: (a) The designation of the owner of record and any lessee, and…
    § 3462 (a) Not later than 20 days after the director has entered into a contract pursuant to this article, a copy of the contract particularly describing the subject…
    § 3464 The contract shall be automatically renewed in the same manner as contracts are renewed and extended, or noticed for nonrenewal, under the Williamson Act…
    § 3465 (a) If during the contract period the owner or lessee is divested of the use of the waterfowl habitat subject to the contract, the owner or lessee shall notify…
    § 3466 The director and the owner or lessee may mutually agree to modify the terms and conditions of a contract under this article as the director may determine to be…
    § 3467 The California Waterfowl Habitat Preservation Account is hereby created in the Fish and Game Preservation Fund, and the money in the account shall be…
    § 3467.5 The Nesting Bird Habitat Incentive Program Account is hereby created in the Fish and Game Preservation Fund. Moneys deposited in the Nesting Bird Habitat…
  8. ARTICLE 7.5. The California Winter Rice Habitat Incentive Program §§ 3469–3469.8 · 5 sections
    § 3469 (a) There is established the California Winter Rice Habitat Incentive Program subject to the requirements of this article. (b) Subject to appropriation for…
    § 3469.2 Each contract shall be for an initial term of three years and shall include the following: (a) The designation of the owner of record or the lessee, and the…
    § 3469.4 If during the contract period the owner or lessee is divested of the use of the waterfowl habitat subject to the contract, the owner or lessee shall notify the…
    § 3469.6 The director and the owner or lessee may mutually agree to modify the terms and conditions of a contract under this article as the director may determine to be…
    § 3469.8 The California Winter Rice Habitat Incentive Program Account is hereby created in the Fish and Game Preservation Fund. Funds deposited in the California Winter…
  9. ARTICLE 8. Management of Wildlife at Public Use Airports §§ 3470–3472.2 · 5 sections
    § 3470 It is the policy of the state to actively encourage the safe and biologically sound management of wildlife resources on California’s public use airports as…
    § 3471 The Legislature recognizes that, in a public use airport’s ongoing efforts to protect the health, safety, and welfare of the traveling public in compliance…
    § 3472 The taking of birds by a public use airport certificated by the Federal Aviation Administration to operate in California that has obtained, and is in…
    § 3472.1 Take is authorized pursuant to this article only to relieve or prevent injurious situations affecting public safety and shall only be performed as part of an…
    § 3472.2 A public use airport certificated by the Federal Aviation Administration shall provide to the department any federal depredation permit and all federal reports…
  10. ARTICLE 9. Nesting Bird Habitat Incentive Program § 3480 · 1 section
    § 3480 (a) (1) The department shall establish the Nesting Bird Habitat Incentive Program, which may include direct payments or other incentives, to encourage…
PART 2. BIRDS §§ 3500–3863 · 51 sections
1. CHAPTER 1. General Provisions §§ 3500–3516 · 13 sections
  - § 3500 (a) Resident game birds are as follows: (1) Doves of the genus Streptopelia, including, but not limited to, spotted doves, ringed turtledoves, and Eurasian…
  - § 3501 It is unlawful to use any powerboat, motor vehicle, or airplane to drive any game bird toward another person with the intent that the other person shall take…
  - § 3502 It is unlawful to use any mammal (except a dog) or an imitation of a mammal as a blind in approaching or taking game birds.
  - § 3503 It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant…
  - § 3503.5 It is unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or…
  - § 3504 Subject to the provisions of this code permitting the sale of domestically raised game birds, it is unlawful to sell or purchase a game bird or nongame bird.
  - § 3505 It is unlawful to take, sell, or purchase any aigrette or egret, osprey, bird of paradise, goura, numidi, or any part of such a bird.
  - § 3508 It is unlawful to break, train, hold field trials with, or practice dogs on any wild game bird or domesticated game bird during the closed season on that bird…
  - § 3511 (a) (1) Except as provided in this section or Section 2081.7, 2081.13, 2081.15, or 2835, a fully protected bird may not be taken or possessed at any time. No…
  - § 3513 It is unlawful to take or possess any migratory bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1,…
  - § 3514 Exotic nonresident game birds are those birds of the order Galliformes (pheasant, grouse, quail) which are not established as a wild resident population in…
  - § 3515 Exotic nonresident game birds may be released in this State only on prior approval of the commission.
  - § 3516 The commission may adopt such regulations as it deems necessary to govern the release, taking, and possession of exotic nonresident game birds. The commission…
2. CHAPTER 2. Particular Varieties §§ 3660–3705 · 18 sections
  1. ARTICLE 1. Pheasants § 3660 · 1 section
    § 3660 It is unlawful for any person to have in his possession the carcass, in such condition that the sex or species cannot be easily determined, of any pheasant…
  2. ARTICLE 2. Other Species §§ 3680–3686 · 7 sections
    § 3680 (a) Except as provided in subdivision (b), any person who purposely takes any racing pigeon that at the time of taking is registered with a recognized…
    § 3681 (a) In Districts 8 and 9, it is unlawful to take a duck or goose below the incoming or outgoing tidewater’s edge, or from any blind, boat, floating device,…
    § 3682.1 (a) It is unlawful for any person, except a person licensed pursuant to paragraph (2) of subdivision (a) of Section 3031, to take any upland game bird species…
    § 3682.2 (a) Upon full implementation of the Automated License Data System, the department shall continue to prepare, or have prepared, upland game bird stamps…
    § 3683 Upland game bird species include both of the following: (a) All of the following resident game birds: (1) Doves of the genus Streptopelia, including, but not…
    § 3684 (a) The Upland Game Bird Account is hereby established within the Fish and Game Preservation Fund. (b) (1) All funds derived from the sale of upland game bird…
    § 3686 Projects authorized pursuant to Section 3684 shall be governed by Section 1501.5. With the approval of the entity in control of property affected by a project,…
  3. ARTICLE 3. Migratory Birds §§ 3700.1–3705 · 10 sections
    § 3700.1 (a) It is unlawful for any person, except a person licensed pursuant to paragraph (2) of subdivision (a) of Section 3031, to take a duck or goose without first…
    § 3700.2 (a) Upon full implementation of the Automated License Data System, the department shall continue to prepare, or have prepared, state duck stamps depicting…
    § 3701 (a) All funds derived from the sale of state duck hunting validations and state duck stamps, and related items authorized by subdivision (g) of Section 3700.2,…
    § 3702 Funds deposited in the State Duck Stamp Account shall be used for projects or endowments approved by the commission for the purpose of protecting, preserving,…
    § 3702.1 An advisory committee, as determined by the department, that includes interested nonprofit organizations that have goals and objectives directly related to the…
    § 3702.5 The department may permit individual artists to sell a limited number of prints of duck stamp related artwork or posters.
    § 3703 Before the commission may consider any project which proposes the use of funds from the State Duck Stamp Account, the department shall analyze such project and…
    § 3704 Two dollars and twenty-five cents ($2.25) of the amount collected by the department for each state duck stamp sold shall be allocated by the commission for the…
    § 3704.5 Waterfowl projects authorized pursuant to Sections 3460 and 3702 shall be governed by Section 1501.5 but, notwithstanding paragraph (1) of subdivision (c) of…
    § 3705 Before allocating funds to any project to be undertaken outside the state, or outside the United States, the commission shall secure evidence that the project…
3. CHAPTER 3. Nongame Birds §§ 3800–3806 · 7 sections
  - § 3800 (a) All birds occurring naturally in California that are not resident game birds, migratory game birds, or fully protected birds are nongame birds. It is…
  - § 3801 (a) Except as provided in Section 3000 and this section, the following nongame birds may be taken or possessed at any time: (1) English sparrow (Passer…
  - § 3801.5 Nongame birds not covered by the Migratory Bird Treaty Act which are found to be injuring growing crops or property may be taken by the owner or tenant of the…
  - § 3801.6 (a) Except as otherwise provided in this code or regulations adopted pursuant to this code, it is unlawful to possess the carcass, skin, or other part of any…
  - § 3802 The department may enter into cooperative contracts with the United States Fish and Wildlife Service in the Department of the Interior in relation to the…
  - § 3803 The department may take any individual bird, or birds of any species, that, in its opinion, are unduly preying upon any species of bird, mammal, reptile,…
  - § 3806 In order to aid in relieving widespread waterfowl depredation of agricultural crops, the department may issue licenses under regulations which the commission…
4. CHAPTER 4. California Condor §§ 3850–3858 · 9 sections
  - § 3850 The department may carry out a California condor preservation project which has the following objectives: (a) Habitat protection, consistent with the…
  - § 3851 The department, jointly with the federal-state condor recovery team established pursuant to the federal Endangered Species Act shall develop a plan to respond…
  - § 3852 The department shall provide funds to the Zoological Society of San Diego and to the Los Angeles Zoo for a condor breeding program on the grounds of each zoo.
  - § 3853 In addition to the programs in Section 3852, a condor release program administered by the department and the United States Fish and Wildlife Service may be…
  - § 3854 Not more than 10 percent of the funds provided to the zoos under this chapter may be used for administrative costs of the program.
  - § 3855 Both the breeding program and the release program, if authorized by the department, shall meet criteria established by the department and shall be monitored by…
  - § 3856 The department shall include copies of the biannual reports from the zoos in the annual report to the Legislature on the status of listed species required in…
  - § 3857 To the extent possible, the department shall seek private sector funding and any federal funds which may be available to augment state funds for the purposes…
  - § 3858 (a) For purposes of this section, the term “Northern California Condor Restoration Program” means the California condor restoration program in northern…
5. CHAPTER 5. Avian Influenza Wildlife Surveillance Act §§ 3860–3863 · 4 sections
  - § 3860 This chapter shall be known, and may be cited, as the Avian Influenza Wildlife Surveillance Act.
  - § 3861 The Legislature finds and declares all of the following: (a) Avian influenza and other emerging diseases of wildlife are a serious threat to the people of…
  - § 3862 The Natural Resources Agency, in consultation with the department, the Department of Food and Agriculture, the State Department of Public Health, the Office of…
  - § 3863 (a) The Secretary of the Natural Resources Agency shall formally establish the Avian Influenza Working Group to assist in the development of the plan described…
PART 3. MAMMALS §§ 3950–4903 · 100 sections
1. CHAPTER 1. Game Mammals §§ 3950–3961 · 10 sections
  - § 3950 (a) Game mammals are: deer (genus Odocoileus), elk (genus Cervus), prong-horned antelope (genus Antilocapra), black and brown or cinnamon bears (genus…
  - § 3950.1 (a) Notwithstanding Section 3950 or any other provision of this code, the mountain lion (genus Felis) shall not be listed as, or considered to be, a game…
  - § 3951 The commission may authorize the taking of tule elk pursuant to Section 332. When relocating tule elk, the department shall relocate the elk in areas suitable…
  - § 3952 The department shall develop a statewide elk management plan, consistent with the state’s wildlife policy as set forth in Section 1801. The statewide elk…
  - § 3953 (a) The Big Game Management Account is hereby established within the Fish and Game Preservation Fund. (b) Except as provided in Section 709, all revenues from…
  - § 3960 (a) As used in this section: (1) “Pursue” means pursue, run, or chase. (2) “Bear” means any black bear (Ursus americanus) found in the wild in this state. (b)…
  - § 3960.2 (a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960. (b) Notwithstanding Section 3960, not more than…
  - § 3960.4 (a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960. (b) Notwithstanding Section 3960, the department…
  - § 3960.6 (a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960. (b) Notwithstanding Section 3960, the pursuit of…
  - § 3961 (a) Whenever an employee of the department is not present to carry out the provisions of Section 3960 with respect to any dog inflicting injury or immediately…
2. CHAPTER 1.5. Exotic Game Mammals § 3965 · 1 section
  - § 3965 (a) Exotic game mammals include wild pigs, including feral pigs and European wild boar (genus Sus) described in Section 4650. (b) This section shall become…
3. CHAPTER 2. Fur-Bearing Mammals §§ 4000–4030 · 15 sections
  1. ARTICLE 1. Trapping Provisions §§ 4000–4012 · 14 sections
    § 4000 The following are fur-bearing mammals: pine marten, fisher, mink, river otter, gray fox, red fox, kit fox, raccoon, beaver, badger, and muskrat.
    § 4001 Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any fur-bearing mammal for…
    § 4002 Fur-bearing mammals may be taken only with a trap, a firearm, bow and arrow, poison under a proper permit, or with the use of dogs.
    § 4003 It is unlawful to use poison to take fur-bearing mammals without a permit from the department. The department may issue such a permit upon a written…
    § 4004 It is unlawful to do any of the following: (a) Use a steel-jawed leghold trap, or use any trap with saw-toothed or spiked jaws. (b) Set or maintain a trap that…
    § 4005 (a) Except as otherwise provided in this section, every person who traps fur-bearing mammals or nongame mammals, designated by the commission, shall procure a…
    § 4006 (a) A trapping license shall be issued as follows: (1) To any resident of this state over the age of 16 years upon payment of a base fee of forty-five dollars…
    § 4007 A trapping license authorizes the person to whom it is issued to take fur-bearing mammals and nongame mammals for a term of one year from July 1st, or if…
    § 4008 No trapping license shall be issued to any applicant within one year following the expiration of any trapping license previously issued to such applicant…
    § 4009 It is unlawful to remove or disturb the trap of any licensee while the trap is being used by the licensee on public land or on land where the licensee has…
    § 4009.5 The commission may adopt regulations as it determines to be necessary to regulate the taking of fur-bearing mammals or nongame mammals taken under a trapping…
    § 4010 The provisions of this chapter do not apply to, or prohibit the propagation of, fur-bearing mammals which are confined in accordance with the regulations of…
    § 4011 (a) Fur-bearing mammals, game mammals, and nongame mammals, when involved in dangerous disease outbreaks, may be taken by duly constituted officials of any of…
    § 4012 It is unlawful to take any red fox for profitmaking purposes.
  2. ARTICLE 2. Beaver Restoration Program § 4030 · 1 section
    § 4030 (a) Subject to an appropriation by the Legislature for these purposes, there shall be in the department a program to promote beaver restoration across…
4. CHAPTER 3. Nongame Mammals and Depredators §§ 4150–4190 · 20 sections
  1. ARTICLE 1. Nongame Mammals §§ 4150–4158 · 9 sections
    § 4150 (a) A mammal occurring naturally in California that is not a game mammal, exotic game mammal, fully protected mammal, or fur-bearing mammal is a nongame…
    § 4151 Any house cat (Felis domesticus) found within the limits of any fish and game refuge is a nongame mammal, unless it is in the residence of its owner or upon…
    § 4152 (a) Except as provided in Section 4005, nongame mammals and black-tailed jackrabbits, muskrats, subspecies of red fox that are not the native Sierra Nevada red…
    § 4153 (a) The department may enter into cooperative agreements with any agency of the state or the United States for the purpose of controlling harmful nongame…
    § 4154 (a) The department may enter into cooperative contracts with the United States Fish and Wildlife Service in the Department of the Interior for the purpose of…
    § 4155 (a) Beginning January 1, 2014, it shall be unlawful to trap a bobcat, or attempt to do so, or to sell or export a bobcat taken in the area surrounding Joshua…
    § 4156 (a) Except as provided in Section 4157 and notwithstanding any other law, it is unlawful for a person to hunt, trap, or otherwise take a bobcat. (b) The…
    § 4157 (a) Upon appropriation of funds by the Legislature for purposes of this section, commencing January 1, 2025, the commission may open a bobcat hunting season in…
    § 4158 (a) Before opening a bobcat hunting season pursuant to Section 4157, the department, in consultation with other relevant state agencies, local governments,…
  2. ARTICLE 2. Depredators §§ 4180–4190 · 11 sections
    § 4180 (a) Except as provided for in Section 4005, fur-bearing mammals that are injuring property may be taken at any time and in any manner in accordance with this…
    § 4180.1 (a) It is unlawful to do either of the following to an immature depredator mammal while it is in its den: (1) Use a snare, hook, or barbed wire to remove the…
    § 4180.2 As used in this article, “wild pigs” has the meaning set forth in Section 4650.
    § 4181 (a) Except as provided in Section 4181.1, any owner or tenant of land or property that is being damaged or destroyed or is in danger of being damaged or…
    § 4181.1 (a) Any bear that is encountered while in the act of inflicting injury to, molesting, or killing, livestock may be taken immediately by the owner of the…
    § 4181.2 For the purposes of this article relating to damage caused by wild pigs, “damage” means loss or harm resulting from injury to person or property. The…
    § 4181.5 (a) Any owner or tenant of land or property that is being damaged or destroyed or is in immediate danger of being damaged or destroyed by deer may apply to the…
    § 4185 In any district or part of a district within San Bernardino and Riverside Counties, bears may be taken at any time with traps within a good and substantial…
    § 4186 Nothing in this code prohibits the owner or tenant of land, or any person authorized in writing by that owner or tenant, from taking cottontail or brush…
    § 4188 (a) If a landowner or tenant applies for a permit under Section 4181 to take wild pigs or wild turkeys, or under Section 4181.5 to take deer, the department…
    § 4190 The department shall tag, brand, or otherwise identify in a persistent and distinctive manner any large depredatory mammal relocated by, or relocated with the…
5. CHAPTER 4. Deer §§ 4301–4371 · 14 sections
  1. ARTICLE 1. Taking Deer §§ 4301–4304 · 4 sections
    § 4301 (a) As used in this section, “deer” includes any animal of the family Cervidae. (b) Except as otherwise provided in this section, it is unlawful to sell,…
    § 4302 Any person taking a deer shall retain possession of that portion of the deer’s head that in adult males normally bears the antlers, during the open season for…
    § 4303 The skin or hide of any deer lawfully taken may be sold, purchased, tanned, or manufactured into articles for sale. Skins or hides of deer lawfully taken may…
    § 4304 (a) No person shall capture or destroy any deer and detach or remove from the carcass only the head, hide, antlers, or horns. (b) No person shall through…
  2. ARTICLE 2. License Tags §§ 4330–4341 · 8 sections
    § 4330 It is unlawful to take any deer without first procuring a deer tag or permit authorizing the taking of that deer.
    § 4331 The commission may determine the design and makeup of the deer tag and prescribe the procedures for issuance and use.
    § 4332 (a) Any resident of this state, 12 years of age or over, who possesses a valid hunting license, may procure one tag for the taking of one deer by one person…
    § 4333 Tags are valid only during that portion of the current hunting license year in which deer may be taken or possessed in any area.
    § 4334 (a) The commission shall annually direct the department to authorize, pursuant to Section 1054.8, the sale of not more than 10 deer tags for the purpose of…
    § 4336 (a) The person to whom a deer tag has been issued shall carry the tag while hunting deer. Upon the killing of any deer, that person shall immediately fill out…
    § 4340 (a) Any person who is convicted of a violation of any provision of this code, or of any rule, regulation, or order made or adopted under this code, relating to…
    § 4341 Any person legally killing a deer in this state shall have the tag for that deer countersigned by a person employed by the department, a person designated for…
  3. ARTICLE 3. Archery Deer Hunting §§ 4370–4371 · 2 sections
    § 4370 (a) In every area in which deer may lawfully be taken during the general open season there is an archery season for the taking of deer with bow and arrow. The…
    § 4371 The provisions of this code relating to deer shall be applicable to the taking of deer with bow and arrow.
6. CHAPTER 5. Marine Mammals §§ 4500–4502.5 · 3 sections
  - § 4500 (a) It is unlawful to take any marine mammal except in accordance with provisions of the Marine Mammal Protection Act of 1972 (Chapter 31 (commencing with…
  - § 4501 (a) The Legislature finds and declares that several types of nonpoint source pollution are harmful to sea otters, and that scientific studies point to links…
  - § 4502.5 This section shall be known, and may be cited, as the California Orca Protection Act. (a) It is unlawful for any person to do any of the following: (1) (A)…
7. CHAPTER 6. Burros § 4600 · 1 section
  - § 4600 (a) It is unlawful to kill, wound, capture, or have in possession any undomesticated burro, except as provided in Section 53074.5 of the Government Code. (b)…
8. CHAPTER 7. Wild Pigs §§ 4650–4657 · 8 sections
  - § 4650 (a) For purposes of this code, “wild pig” means any of the following: (1) (A) A pig having two or more phenotypical characteristics specified in subparagraph…
  - § 4651.5 (a) The department shall work with landowners to mitigate depredation by sport hunting pursuant to this chapter, including the application of the Shared…
  - § 4652 (a) It is unlawful to take any wild pig, except as provided in Section 4181, without first procuring a validation authorizing the taking of that wild pig in…
  - § 4652.5 (a) It shall be unlawful to intentionally or knowingly release any hog, boar, pig, or swine to live in a wild or feral state upon public or private land. (b)…
  - § 4653 (a) The department may determine the design and type of information to be included on the wild pig validation and prescribe the procedures for the issuance and…
  - § 4654 (a) To obtain a wild pig validation, a person must be 12 years of age or older, and possess a valid hunting license, or if a nonresident, a valid California…
  - § 4655 (a) Wild pig validations are valid only during that portion of the current hunting license year in which wild pigs may be taken or possessed in any area of the…
  - § 4657 (a) The holder of a wild pig validation shall keep the validation in their possession while hunting wild pig. (b) (1) The commission shall adopt regulations…
9. CHAPTER 8. Fully Protected Mammals § 4700 · 1 section
  - § 4700 (a) (1) Except as provided in this section or Section 2081.7, 2081.13, 2081.15, or 2835, a fully protected mammal may not be taken or possessed at any time. No…
10. CHAPTER 9. Bear §§ 4750–4763 · 11 sections
  - § 4750 It is unlawful to take any bear with firearm, trap, or bow and arrow without first procuring a tag authorizing the taking of that bear in accordance with this…
  - § 4751 (a) Any resident of this state, 12 years of age or older, who possesses a valid hunting license, may procure the number of bear tags corresponding to the…
  - § 4752 Bear tags are valid only during that portion of the current hunting license year in which bear may be taken or possessed in any district.
  - § 4753 The person to whom a bear tag has been issued shall carry the tag while hunting bear. Upon the killing of any bear, that person shall immediately fill out the…
  - § 4754 (a) Any person who is convicted of a violation of any provision of this code, or of any rule, regulation, or order made or adopted under this code, relating to…
  - § 4755 Any person legally killing a bear in this state shall have the tag for that bear countersigned by a commissioner, a person employed in the department, a person…
  - § 4757 Any person taking a bear must retain possession of the skin of the bear and the portion of the bear’s head that includes both ears, during the open season for…
  - § 4758 (a) Subject to the provisions of this code permitting the sale of domestically raised game mammals, it is unlawful to sell or purchase, or possess for sale,…
  - § 4759 The skin, hide, teeth, claws, or other parts of any bear lawfully taken and possessed for the period provided in Section 4757 may be tanned or utilized for…
  - § 4760 The provisions of this chapter relating to the possession of bear apply to bear taken outside this State and transported into this State.
  - § 4763 The provisions of this chapter do not apply to the taking of bear which is otherwise authorized to protect livestock, land, or property from damage or…
11. CHAPTER 10. Mountain Lions §§ 4800–4810 · 12 sections
  - § 4800 (a) The mountain lion (genus Puma) is a specially protected mammal under the laws of this state. (b) (1) It is unlawful to take, injure, possess, transport,…
  - § 4801 The department may remove or take any mountain lion, or authorize an appropriate local agency with public safety responsibility to remove or take any mountain…
  - § 4801.5 (a) Unless authorized in this chapter, nonlethal procedures shall be used when removing or taking any mountain lion that has not been designated as an imminent…
  - § 4802 Any person, or the employee or agent of a person, whose livestock or other property is being or has been injured, damaged, or destroyed by a mountain lion may…
  - § 4803 Upon receipt of a report pursuant to Section 4802, the department, or any animal damage control officer specifically authorized by the department to carry out…
  - § 4804 In order to ensure that only the depredating mountain lion will be taken, the department shall issue the permit pursuant to Section 4803 with the following…
  - § 4805 Whenever immediate authorization will materially assist in the pursuit of the particular mountain lion believed to be responsible for the depredation reported…
  - § 4806 Any person issued a permit pursuant to Section 4803 or 4805 shall report, by telephone within 24 hours, the capturing, injuring, or killing of any mountain…
  - § 4807 (a) Any mountain lion that is encountered while in the act of pursuing, inflicting injury to, or killing livestock, or domestic animals, may be taken…
  - § 4808 As used in this chapter, “agent” means the agent or employee of the owner of the damaged or destroyed property, any county or city predator control officer,…
  - § 4809 Mountain lions authorized to be taken pursuant to this chapter shall be taken by the most effective means available to take the mountain lion causing the…
  - § 4810 (a) As used in this section: (1) “Authorized research project” means a research project involving mountain lions subject to a Scientific Collecting Permit…
12. CHAPTER 11. Bighorn Sheep §§ 4900–4903 · 4 sections
  - § 4900 The Legislature declares that bighorn sheep are an important wildlife resource of the state to be managed and maintained at sound biological levels. Therefore,…
  - § 4901 The department shall determine the status and the trend of bighorn sheep populations by management units. A plan shall be developed for each of the management…
  - § 4902 (a) The commission may adopt all regulations necessary to provide for biologically sound management of Nelson bighorn sheep (subspecies Ovis canadensis…
  - § 4903 Revenue from the fees authorized by this chapter shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by…