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California

West's Annotated California Codes. Fish and Game Code. Division 4. Birds and Mammals. Part 3. Mammals. Chapter 3. Nongame Mammals and Depredators

Statute Details
Printable Version
Citation: CA FISH & G 4150 - 4155, 4180-4190

Citation: West's Ann. Cal. Fish & G. Code 4150 - 4155, 4180 - 4190


Last Checked by Web Center Staff: 11/2012

Summary:   These sections regulate the taking and killing of nongame mammals and depredatory animals.  Nongame mammals are defined as all mammals occurring naturally in California which are not game mammals, fully protected mammals, or fur-bearing mammals.  Nongame and fur-bearing mammals that are injuring crops or other property may be taken at any time or in any manner in accordance with this code. In some cases, a permit is required. It is unlawful to use snares, hooks, or barbed wire to remove from the den, or fire to kill in the den, any immature predatory mammal. Predators that are relocated for game management purposes by the department must be tagged or branded.


Statute in Full:

 Article 1. Nongame Mammals

§ 4150. Definition of nongame animals; possession and taking

§ 4151. House cats

§ 4152. Right to take mammals injurious to growing crops or other property

§ 4153. Control of harmful nongame mammals

§ 4154. Cooperation with federal wildlife service

§ 4155. Repealed by Stats.1967, c. 196, p. 1303, § 1, eff. May 23, 1967

§ 4180. Taking mammals which injure property

§ 4180.1. Immature depredators; unlawful means of killing or removal

§ 4181. Permit to take animals injuring property; facts contained in bear permits; procedures applicable to elk

§ 4181.1. Bear or wild pig bothering livestock; immediate taking; report

§ 4181.2. Damage caused by wild pigs; defined

§ 4181.3.  [Section repealed 1975.]

§ 4181.5. Permit to take deer injuring property

§ 4182.  [Section repealed 1994.]

§ 4183.  [Section repealed 1984.]

§ 4184.  [Section repealed 1967.]

§ 4185. Taking bears with trap near beehives

§4186.  Taking Rabbits Which Damage Crops

§ 4187.  [Section repealed 1994.]

§ 4188. Wild pigs, wild turkeys or deer; application and issuance of permits; notification with respect to access; stopping damage or threatened damage to property

§ 4189.  [Section repealed 1990.]

§ 4190. Relocated predatory mammals; tagging or identifying

 

 

Article 1. Nongame Mammals

§ 4150. Definition of nongame animals; possession and taking

All mammals occurring naturally in California which are not game mammals, fully protected mammals, or fur-bearing mammals, are nongame mammals. Nongame mammals or parts thereof may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission.

CREDIT(S)
(Added by Stats.1971, c. 1470, p. 2907, § 21. Amended by Stats.1977, c. 1208, p. 4083, § 10.)

 

§ 4151. House cats

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.

CREDIT(S)
(Stats.1957, c. 456, p. 1382, § 4151. Amended by Stats.1957, c. 1972, p. 3520, § 47; Stats.1971, c. 1470, p. 2908, § 22.)

 

§ 4152.  Right to Take Mammals Injurious to Growing Crops or Other Property

(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.

CREDIT(S)

(Stats.1957, c. 456, p. 1382, § 4152. Amended by Stats.1957, c. 1972, p. 3520, § 48; Stats.1971, c. 1470, p. 2908, § 23; Stats.1974, c. 939, p. 1962, § 8; Stats.1982, c. 1534, § 4; Stats.1983, c. 703, § 2, eff. Sept. 11, 1983; Stats.1983, c. 1048, § 3, eff. Sept. 26, 1983; Stats.1989, c. 890, § 3; Stats.2002, c. 571 (S.B.1645), § 2; Stats.2007, c. 285 (A.B.1729), § 77.)

 

§ 4153. Control of harmful nongame mammals

The department may take any mammal which, in its opinion, is unduly preying upon any bird, mammal, or fish.

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.

CREDIT(S)
(Stats.1957, c. 456, p. 1382, § 4153. Amended by Stats.1957, c. 1972, p. 3520, § 49; Stats.1971, c. 1470, p. 2908, § 24.)

 

§ 4154. Cooperation with federal wildlife service

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 of nongame mammals and for that purpose may expend any money made available to the department for expenditure for control or eradication of nongame mammals. 

CREDIT(S)
(Stats.1957, c. 456, p. 1382, § 4154. Amended by Stats.1957, c. 1972, p. 3520, § 50; Stats.1971, c. 1470, p. 2908, § 25.)

 

Article 2. Depredators

§  4180.  Taking Mammals Which Injure Property

(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.

CREDIT(S)

(Stats.1957, c. 456, p. 1383, § 4180. Amended by Stats.1974, c. 939, p. 1962, § 9; Stats.1989, c. 890, § 4; Stats.2002, c. 571 (S.B.1645), § 3; Stats.2007, c. 285 (A.B.1729), § 78.)

 

§ 4180.1. Immature depredators; unlawful means of killing or removal

It is unlawful to use snares, hooks, or barbed wire to remove from the den, or fire to kill in the den, any immature depredator mammal.

Nothing in this section shall prohibit the use of fire-ignited gas cartridges or other products registered or permitted under the Federal Insecticide, Rodenticide, and Fungicide Act (7 U.S.C. 135 et seq.). 

CREDIT(S)
(Added by Stats.1979, c. 701, p. 2178, § 5.)

 

§ 4181. Permit to take animals injuring property; facts contained in bear permits; procedures applicable to elk

(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, 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. No iron-jawed or steel-jawed or any type of metal-jawed trap shall be used to take any bear pursuant to this section. No poison of any type may 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 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.

(3) What corrective actions should be implemented to prevent 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.

(d) With respect to elk, the following procedures shall apply:

(1) Prior to 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).

CREDIT(S)

(Stats.1957, c. 456, p. 1383, § 4181. Amended by Stats.1957, c. 463, p. 1503, § 2; Stats.1965, c. 1119, p. 2767, § 1; Stats.1967, c. 310, p. 1494, § 1.5; Stats.1970, c. 882, p. 1617, § 1; Stats.1984, c. 1365, § 1; Stats.1990, c. 687 (A.B.3200), § 4; Stats.1991, c. 998 (S.B.819), § 1.6; Stats.1997, c. 481 (S.B.329), § 1; Stats.2003, c. 291 (A.B.1420), § 4; Stats.2004, c. 480 (S.B.1153), § 1.)

 

§ 4181.1. Bear or wild pig bothering livestock; immediate taking; report

(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 his or her 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.  A violation of this subdivision is punishable pursuant to Section 12000.  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 ofeach 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 takethe 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. 

CREDIT(S)

(Added by Stats.1984, c. 1365, § 2. Amended by Stats.1997, c. 481 (S.B.329), § 2.)

 

§ 4181.2. Damage caused by wild pigs; defined

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. 

CREDIT(S)

(Added by Stats.1997, c. 481 (S.B.329), § 3.)

 

 § 4181.3.  [Repealed by Stats.1972, c. 1214, p. 2341, § 1, operative Jan. 31, 1975]

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

The repealed section, added by Stats.1972, c. 1214, p. 2341, § 1, required the department to file an annual report with the legislature and provided for its repeal on January 31, 1975.

 

 §  4181.5.  Permit to Take Deer Injuring Property

(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 that damage or destruction, actual or immediately threatened, shall issue a revocable permit for the taking and disposition of those deer for a designated period not to exceed 60 days under regulations promulgated by the commission.

(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 his designee. No pistols shall be used. 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.

(c) The department shall issue tags similar to those provided for in Section 4331 at the same time the permit is issued. A permittee under this section shall carry the tags while hunting deer, and upon the killing of any deer, shall immediately fill out both parts of the tag and punch out clearly the date of the kill. One part of the tag shall be immediately attached to the antlers of antlered deer or to the ear of any other deer and kept attached until 10 days after the permit has expired. The other part of the tag shall be immediately sent to the department after it has been countersigned by any person authorized by Section 4341.

(d) 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 shall account for all prior tags issued at the time he or she received any prior permits, and if any tags are unused, he or she shall show either that any deer killed could not reasonably be tagged or why the killing was not accomplished within the allotted time and why that killing would be accomplished under a new time period.

CREDIT(S)

(Added by Stats.1965, c. 1119, p. 2767, § 2. Amended by Stats.2007, c. 285 (A.B.1729), § 81.)

 

§ 4182.  [Repealed by Stats.1994, c. 270 (A.B.3326), § 4.]

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

The repealed section, enacted by Stats.1957, c. 456, § 4182, derived from former § 1294, added by Stats.1939, c. 293, § 1, related to beaver control areas.

 

 § 4183.  [Repealed by Stats.1984, c. 1365, § 3.]

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

The repealed section, enacted by Stats.1957, c. 456, § 4183, amended by Stats.1967, c. 310, § 2, related to taking bears which kill livestock. See Fish and Game Code § 4181.1.

 

 § 4184.  [Repealed by Stats.1967, c. 310, p. 1495, § 2.5; Stats.1967, c. 354, p. 1559, § 2.]

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

The repealed section, added by Stats.1957, c. 456, p. 1384, § 4184, amended by Stats.1957, c. 368, p. 1203, § 2; Stats.1959, c. 312, p. 2241, § 1, derived from § 1340.8 of the Fish and Game Code of 1933, added by Stats.1955, c. 449, p. 930, § 1, related to the right to kill bears in district 1 1/2.

 § 4185. Taking bears with trap near beehives

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. 

CREDIT(S)
(Stats.1957, c. 456, p. 1384, § 4185. Amended by Stats.1967, c. 310, p. 1495, § 3; Stats.1968, c. 64, p. 211, § 1; Stats.1983, c. 101, § 35.)

 

§  4186.  Taking Rabits Which Damage Crops

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.

CREDIT(S)

(Stats.1957, c. 456, p. 1384, § 4186. Amended by Stats.2007, c. 285 (A.B.1729), § 82.)

 

§ 4187.  Repealed by Stats.1994, c. 270 (A.B.3326), § 5

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

The repealed section, added by Stats.1957, c. 1496, § 3, related to taking burros which damage property.

Another § 4187, added by Stats.1957, c. 2017, p. 1385, § 2, was renumbered § 4188 and amended by Stats.1959, c. 619, p. 2603, § 1.

 

§ 4188. Wild pigs, wild turkeys or deer; application and issuance of permits; notification with respect to access; stopping damage or threatened damage to property

(a) If a landowner or tenant applies for a permit under Section 4181 for wild pigs or wild turkeys, or under Section 4181.5 for deer, the department shall notify the landowner or tenant 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 as described in subdivision (a), and with the consent of, or upon the request of, the landowner or tenant, under appropriate regulations, may 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.

CREDIT(S)

(Formerly § 4187, added by Stats.1957, c. 2017, p. 1385, § 2. Renumbered § 4188 and amended by Stats.1959, c. 619, p. 2603, § 1. Amended by Stats.1965, c. 1169, p. 2968, § 3; Stats.1967, c. 122, p. 1144, § 7; Stats.1977, c. 839, p. 2517, § 7; Stats.1991, c. 998 (S.B.819), § 2; Stats.2004, c. 480 (S.B.1153), § 2.)

 

§ 4189.  [Section repealed 1990.]

Repealed by Initiative Measure (Prop.117), adopted by the people June 5, 1990

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

The repealed section, added by Stats.1982, c. 610, § 5, derived from former § 4189, added by Stats.1969, c. 987, p. 1957, § 3, related to the taking of mountain lions.Former § 4189, added by Stats.1969, c. 987, p. 1957, § 3, relating to similar subject matter, was repealed by Stats.1982, c. 610, § 4.

 

§ 4190. Relocated predatory mammals; tagging or identifying

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.

CREDIT(S)

(Added by Stats.1984, c. 1365, § 4. Amended by Stats.2006, c. 538 (S.B.1852), § 184.)

 



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