PART 3. MAMMALS [3950. - 4903.]

Part 3 enacted by Stats. 1957, Ch. 456.

§§ 3950–4903 · 100 sections

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…
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…
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…
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…
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.
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)…
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)…
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…
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…
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…
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…
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…