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California

West's Annotated California Codes. Fish and Game Code. Division 4. Birds and Mammals. Part 1. Provisions Generally Applicable to Both. Chapter 1. General Provisions. Article 1. Methods of Taking.

Statute Details
Printable Version
Citation: CA FISH & G 3000 - 3012

Citation: West's Ann. Cal. Fish & G. Code 3000 - 3012


Last Checked by Web Center Staff: 11/2012

Summary:   These sections pertain to hunting in California. A hunting license is required, and certain hunting methods are prohibited, such as night hunting, hunting while intoxicated, shooting at an animal from a vehicle, Internet hunting, the use of body-gripping or metal-jawed traps, the use of certain poisons and lead bullets, and the use of bird or mammal calls. Hunting near buildings without the permission of the landowner is also prohibited.


Statute in Full:


§ 3000
. Night hunting

§  3001.  Hunting While Intoxicated

§ 3002. Shooting from boat, vehicle or airplane

§ 3003. Internet hunting and associated activities

§ 3003.1.  Use of Body-Gripping Trap

§ 3003.2. Poisoning animals

§  3003.5.  Driving Birds or Mammals with Motorized Water, Land or Air Vehicle; Exceptions 

§ 3004.  Shooting Near Building; Safety Zone; Shooting Over or Across Public Road or Way Open to Public 

§ 3005. Unlawful devices; mitigation plans relating to mining operations; prima facie evidence of violations; exceptions

§ 3005.5. Capture, possession or confinement; seizure by department; regulations

§ 3005.7. Repealed by Stats.1982, c. 610, § 1, operative Jan. 1, 1986

§3005.9.  Confinement of Cats Other Than House Cats; Exceptions - § 3005.9. Repealed by Stats.2007, c. 285 (A.B.1729), § 51

§3005.91.  Inspection of Licensed Cat Facilities; Fees. - § 3005.91. Repealed by Stats.2007, c. 285 (A.B.1729), § 52

§ 3005.92. Repealed by Stats.2007, c. 285 (A.B.1729), § 53

 §3005.93.  Availability of Information on Cat Possession § 3005.93. Repealed by Stats.2007, c. 285 (A.B.1729), § 54

§3005.94.  Appointment of Advisory Committee- § 3005.94. Repealed by Stats.2007, c. 285 (A.B.1729), § 55

 § 3006. Killing captive animal

§3007.  Hunting License Required

 § 3008. Dogs; control by owner; vaccinations for rabies

§ 3009. Killing or injuring another person while hunting

 § 3010. Taking pheasants being released

 §  3011.  Taking of Bears with Metal-Jawed Traps

 

 

 

§ 3000. Night hunting

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 the place of taking, except as otherwise provided in this code or under such regulations as the commission may adopt. The commission may adopt regulations prohibiting the taking of any nongame mammal between one-half hour after sunset and one-half hour before sunrise of the following day at the place of taking.  

CREDIT(S)

(Stats.1957, c. 456, p. 1353, § 3000. Amended by Stats.1957, c. 1972, p. 3520, § 29.5; Stats.1971, c. 1470, p. 2904, § 1.)


 

§  3001.  Hunting While Intoxicated

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 intoxicated.

CREDIT(S)

(Stats.1957, c. 456, p. 1353, § 3001. Amended by Stats.2007, c. 285 (A.B.1729), § 48; Stats.2010, c. 178 (S.B.1115), § 29, operative Jan. 1, 2012.)


 

§ 3002. Shooting from boat, vehicle or airplane

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 airplane. 

CREDIT(S)

(Stats.1957, c. 456, p. 1353, § 3002. Amended by Stats.1972, c. 119, p. 160, § 1; Stats.1975, c. 786, p. 1808, § 1.)

 

§ 3003. Internet hunting and associated activities

(a) It is unlawful for any person to shoot, shoot at, or kill any bird or mammal with any gun or other device accessed via an Internet connection in this state.

(b) It is further unlawful for any person, firm, corporation, partnership, limited liability company, association, or other business entity to do either of the following:

(1) Own or operate a shooting range, site, or gallery located in the state for purposes of the online shooting or spearing of any bird or mammal.

(2) Create, maintain, or utilize an Internet Web site, or a service or business via any other means, from any location within the state for purposes of the online shooting or spearing of any bird or mammal for the purposes of this section.

(c) It is unlawful to possess or confine any bird or mammal in furtherance of an activity prohibited by this section.

(d) It is unlawful for any person in this state to import into, or export from, this state any bird or mammal, or any part thereof, that is killed by any device accessed via an Internet connection.

(e) Any bird or mammal, or any part thereof, that is possessed in violation of this section shall be subject to seizure by the department.

(f) For the purposes of this section, "online shooting or spearing" means the use of a computer or any other device, equipment, software, or technology, to remotely control the aiming and discharge of any weapon, including, but not limited to, any firearm, bow and arrow, spear, slingshot, harpoon, or any other projectile device.

CREDIT(S)

(Added by Stats.2005, c. 672 (S.B.1028), § 2.)

 

**§  3003.1.  Use of Body-Gripping Trap

Notwithstanding Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:

(a) It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammal's body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.

(b) It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).

(c) It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat.

The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.

(d) For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997. 

CREDIT(S)

(Added by Initiative Measure (Prop. 4, § 1, approved Nov. 3, 1998, effective Nov. 4, 1998).)

**Preempted by National Audubon Society v. Davis, 144 F.Supp.2d 1160, 1162+ (N.D.Cal. Nov 30, 2000) (NO. C-98-4610-CAL)

 

 § 3003.2. Poisoning animals

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 federal, state, county, or municipal government, may poison or attempt to poison any animal by using sodium fluoroacetate, also known as Compound 1080, or sodium cyanide. 

CREDIT(S)

(Added by Initiative Measure (Prop. 4, § 2, approved Nov. 3, 1998, effective Nov. 4, 1998).)

 

 §  3003.5.  Driving Birds or Mammals with Motorized Water, Land or Air Vehicle; Exceptions

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, airplane, powerboat, or snowmobile, except in any of the following circumstances:

(a) On private property by the landowner or tenant thereof to haze birds or mammals for the purpose of preventing damage by that wildlife to private property.

(b) Pursuant to a permit from the department issued under regulations as the commission may prescribe.

(c) In the pursuit of agriculture.

CREDIT(S)

(Added by Stats.1969, c. 1075, p. 2064, § 11. Amended by Stats.1971, c. 1343, p. 2652, § 2; Stats.2007, c. 285 (A.B.1729), § 49.)

 

§  3004.  Shooting Near Building; Safety Zone; Shooting Over or Across Public Road or Way Open to Public

(a) It is unlawful for any person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, to hunt or to discharge while hunting, any firearm or other deadly weapon within 150 yards of any occupied dwelling house, residence, or other building or any barn or other outbuilding used in connection therewith. The 150-yard area is a “safety zone.”

(b) It is unlawful for any person to intentionally discharge any firearm or release any arrow or crossbow bolt over or across any public road or other established way open to the public, in an unsafe and reckless manner.

CREDIT(S)

(Stats.1957, c. 456, p. 1353, § 3004. Amended by Stats.2007, c. 285 (A.B.1729), § 50; Stats.2009, c. 294 (A.B.1442), § 11.)

 

 

§ 3004.5. Big game; Nonlead Centerfire Rifle and Pistol Ammunition; Levels of Lead Found in Condors; Violations

(a) Nonlead centerfire rifle and pistol ammunition, as determined by the commission, shall be required when taking big game with rifle or pistol, as defined by Section 350 of the department's mammal hunting regulations, and when taking coyote, within the department's deer hunting zone A South, but excluding Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas west of Highway 101 within Santa Clara County, and areas between Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties, and within deer hunting zones D7, D8, D9, D10, D11, and D13.

(b) By July 1, 2008, the commission shall establish, by regulation, a public process to certify centerfire rifle and pistol ammunition as nonlead ammunition, and shall define, by regulation, nonlead ammunition as including only centerfire rifle and pistol ammunition in which there is no lead content. The commission shall establish and annually update a list of certified centerfire rifle and pistol ammunition.

(c)(1) To the extent that funding is available, the commission shall establish a process that will provide hunters within the department's deer hunting zone A South, but excluding Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas west of Highway 101 within Santa Clara County, and areas between Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties, and within deer hunting zones D7, D8, D9, D10, D11, and D13 with nonlead ammunition at no or reduced charge. The process shall provide that the offer for nonlead ammunition at no or reduced charge may be redeemed through a coupon sent to a permitholder with the appropriate permit tag. If available funding is not sufficient to provide nonlead ammunition at no charge, the commission shall set the value of the reduced charge coupon at the maximum value possible through available funding, up to the average cost within this state for nonlead ammunition, as determined by the commission.

(2) The nonlead ammunition coupon program described in paragraph (1) shall be implemented only to the extent that sufficient funding, as determined by the Department of Finance, is obtained from local, federal, public, or other nonstate sources in order to implement the program.

(3) If the nonlead ammunition coupon program is implemented, the commission shall issue a report on the usage and redemption rates of ammunition coupons. The report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.

(d) The commission shall issue a report on the levels of lead found in California condors. This report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.

(e) The department shall notify those hunters who may be affected by this section.

(f) A person who violates any provision of this section is guilty of an infraction punishable by a fine of five hundred dollars ($500). A second or subsequent offense shall be punishable by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000).

CREDIT(S)

(Added by Stats.2007, c. 570 (A.B.821), § 3.)

 

 

§ 3005. Unlawful devices; mitigation plans relating to mining operations; prima facie evidence of violations; exceptions

(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, whether taken within or without this state, except as provided in this code or, when relating to ongoing mining operations, in accordance with 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 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 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.

(5) 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) Proof of possession of any bird or mammal that does not show evidence of having been taken by means other than a net, pound, cage, trap, set line or wire, or poisonous substance, is prima facie evidence that the birds or mammals were taken in violation of this section.

(d) This section does not apply to the lawful taking of fur-bearing mammals, nongame birds, nongame mammals, or mammals found to be injuring crops or property, to the taking of birds or mammals under depredation permits, to taking by employees of the department acting in an official capacity, or to taking in accordance with the conditions of a scientific or propagation permit by the holder of that permit. 

CREDIT(S)

(Stats.1957, c. 456, p. 1353, § 3005. Amended by Stats.1957, c. 1972, p. 3520, § 30; Stats.1971, c. 1470, p. 2904, § 2; Stats.1994, c. 768 (S.B.1656), § 1.)

 

 

§ 3005.5. Capture, possession or confinement; seizure by department; regulations

It is unlawful to capture any game mammal, game bird, nongame bird, nongame mammal, or furbearer, or to possess or confine any live game mammal, game bird, nongame bird, nongame mammal, or furbearer taken from the wild, except as provided by this code or regulations made pursuant thereto. Any bird or mammal possessed or confined in violation of this section shall be seized by the department.

The commission may promulgate regulations permitting the temporary confinement of game mammals, game birds, nongame birds, nongame mammals, or furbearers for the purpose of treating the animals, if injured or diseased. 

CREDIT(S)
(Added by Stats.1970, c. 296, p. 570, § 1. Amended by Stats.1971, c. 1470, p. 2905, § 3; Stats.1983, c. 1300, § 3.)

 

§ 3005.7. Repealed by Stats.1982, c. 610, § 1, operative Jan. 1, 1986


 

§  3005.9.  Confinement of Cats Other Than House Cats; Exceptions - § 3005.9. Repealed by Stats.2007, c. 285 (A.B.1729), § 51

 

§  3005.91.  Inspection of Licensed Cat Facilities; Fees - § 3005.91. Repealed by Stats.2007, c. 285 (A.B.1729), § 52

 

 

§  3005.92.  Promulgation of Regulations Regarding Possession and Confinement of Privately Owned Cats Other Than House Cats - § 3005.92. Repealed by Stats.2007, c. 285 (A.B.1729), § 53

 

 §  3005.93.  Availability of Information on Cat Possession- § 3005.93. Repealed by Stats.2007, c. 285 (A.B.1729), § 54

 

§  3005.94.  Appointment of Advisory Committee - § 3005.94. Repealed by Stats.2007, c. 285 (A.B.1729), § 55

 

 § 3006. Killing captive animal

Except as authorized under a domesticated game breeder's license, any deer, elk, or bear kept in captivity may be killed only with the approval of the department, and under such regulations as the commission may prescribe. The carcass, or any part thereof, of any such mammal may not be sold, and shall be disposed of in such manner as the department may direct. 

CREDIT(S)

(Stats.1957, c. 456, p. 1354, § 3006.)

 

§  3007.  Hunting License Required

Except as provided in this code or regulations adopted pursuant thereto, every person who takes any bird or mammal shall procure a license or entitlement therefor.

CREDIT(S)

(Stats.1957, c. 456, p. 1354, § 3007. Amended by Stats.1959, c. 1633, p. 4004, § 1; Stats.1971, c. 1470, p. 2905, § 4; Stats.2007, c. 285 (A.B.1729), § 56.)


 

 § 3008. Dogs; control by owner; vaccinations for rabies

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 by this code or regulations made pursuant thereto.

Dogs which are used for hunting which have been vaccinated for rabies in their county of residence in conformity with state law regulating vaccinations in rabies areas are not subject to rabies vaccination requirements of local ordinances outside their county of residence. 

CREDIT(S)

(Added by Stats.1959, c. 444, p. 2386, § 1.)

 

 § 3009. Killing or injuring another person while hunting

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 device used in such taking and who knowingly either abandons such person or fails to render to such injured person all necessary aid possible under the circumstances is guilty of a felony. 

CREDIT(S)
(Added by Stats.1961, c. 1815, p. 3863, § 1.) 

 

 § 3010. Taking pheasants being released

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 pheasants are being released. 

CREDIT(S)

(Added by Stats.1963, c. 1674, p. 3260, § 1.)


 

 §  3011.  Taking of Bears with Metal-Jawed Traps

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 provision of this code or any other law shall be construed to authorize, or to permit the authorizing of, the use of iron or steel-jawed or any type of metal-jawed traps to take bear. 

CREDIT(S)
(Added by Stats.1967, c. 310, p. 1494, § 1.)

 

§ 3012. Use of recorded or electrically amplified bird or mammal calls or sounds

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 calls or sounds, to assist in taking any bird or mammal, except nongame birds and nongame mammals as permitted by regulations of the commission.

CREDIT(S)

(Added by Stats.1971, c. 1114, p. 2128, § 1, operative July 1, 1972.)

 



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