Article 1. Nongame Mammals
§ 4150 . “Nongame mammal” defined; possession and taking; trapping for recreation or commerce; sale of raw fur
§ 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. Trapping, attempting to trap, sale, or export of bobcats prohibited for bobcats taken in area surrounding Joshua Tree National Park; trapping of bobcats adjacent to boundaries of national or state parks, national monuments, and wildlife refuges to be prohibited; areas adjacent to preserves or conservation areas; exception for employees acting in official capacity; trapping prohibited on private land without consent; trapping license fees; additional prohibitions
§ 4156. Hunting, trapping, or taking of bobcats prohibited; exceptions
§ 4157. Bobcat hunting season; area determined by commission; considerations and duties of commission
§ 4158. Bobcat management plan; submission of plan to Legislature; contents of plan
Article 2. Depredators
§ 4180 . Taking mammals which injure property
§ 4180.1 . Immature depredators; unlawful means of killing or removal
§ 4180.2. “Wild pigs” defined
§ 4181 . Permit to take animals injuring property; facts contained in bear or bobcat permits; wild pigs; 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 [Section repealed 1975.]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 [Section repealed 1994.]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 [Section repealed 1984.]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 [Section repealed 1967.]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 [Section repealed 1994.]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 [Section repealed 1990.]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. “Nongame mammal” defined; possession and taking; trapping for recreation or commerce; sale of raw fur
(a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission.
(b) Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any nongame mammal for purposes of recreation or commerce in fur. The raw fur of a nongame mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code shall not be sold. For purposes of this subdivision, “raw fur” has the same meaning as defined in Section 4005.
(c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed.
Credits
(Added by Stats.1971, c. 1470, p. 2907, § 21. Amended by Stats.1977, c. 1208, p. 4083, § 10; Stats.2015, c. 154 (A.B.1527), § 72, eff. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), § 12, eff. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), § 17, eff. Jan. 1, 2023.)
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.
(c) This section does not apply to bobcats.
Credits
(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; Stats.2019, c. 766 (A.B.1254), § 1, eff. Jan. 1, 2020.)
§ 4153. Control of harmful nongame mammals
(a) The department may enter into cooperative agreements with any agency of the state or the United States for the purpose of controlling harmful nongame mammals.
(b) The department may take any mammal that, in its opinion, is unduly preying upon any bird, mammal, or fish.
(c) This section does not apply to bobcats.
Credits
(Stats.1957, c. 456, p. 1382, § 4153. Amended by Stats.1957, c. 1972, p. 3520, § 49; Stats.1971, c. 1470, p. 2908, § 24; Stats.2019, c. 766 (A.B.1254), § 2, eff. Jan. 1, 2020.)
§ 4154. Cooperation with federal wildlife service
(a) The department may enter into cooperative contracts with the United States Fish and Wildlife Service in the Department of the Interior for the purpose of controlling or eradicating any nongame mammal, and may expend any money made available to the department for that purpose.
(b) This section does not apply to bobcats.
Credits
(Stats.1957, c. 456, p. 1382, § 4154. Amended by Stats.1957, c. 1972, p. 3520, § 50; Stats.1971, c. 1470, p. 2908, § 25; Stats.2019, c. 766 (A.B.1254), § 3, eff. Jan. 1, 2020; Stats.2023, c. 132 (A.B.1760), § 83, eff. Jan. 1, 2024.)
§ 4155. Trapping, attempting to trap, sale, or export of bobcats prohibited for bobcats taken in area surrounding Joshua Tree National Park; trapping of bobcats adjacent to boundaries of national or state parks, national monuments, and wildlife refuges to be prohibited; areas adjacent to preserves or conservation areas; exception for employees acting in official capacity; trapping prohibited on private land without consent; trapping license fees; additional prohibitions
(a) Beginning January 1, 2014, it shall be unlawful to trap a bobcat, or attempt to do so, or to sell or export a bobcat taken in the area surrounding Joshua Tree National Park, defined as follows: East and South of State Highway 62 from the intersection of Interstate 10 to the intersection of State Highway 177; West of State Highway 177 from the intersection of State Highway 62 to the intersection with Interstate 10; North of Interstate 10 from State Highway 177 to State Highway 62.
(b)(1) Through the commission's next regularly scheduled mammal hunting and trapping rulemaking process occurring after January 1, 2014, the commission shall amend its regulations to prohibit the trapping of bobcats adjacent to the boundaries of each national or state park and national monument or wildlife refuge in which bobcat trapping is prohibited.
(2) Commencing January 1, 2016, the commission shall consider whether to prohibit bobcat trapping within, and adjacent to, preserves, state conservancies, and any additional public or private conservation areas identified to the commission by the public as warranting protection. The commission, as necessary, shall amend its regulations through its next subsequently scheduled mammal hunting and trapping rulemaking process to prohibit bobcat trapping in any area determined by the commission to warrant protection.
(3) The commission shall delineate the boundaries of an area in which bobcat trapping is prohibited pursuant to paragraph (1) or (2) using readily identifiable features, such as highways or other major roads, such as those delineated for Joshua Tree National Park in subdivision (a).
(c) The prohibition on the trapping of bobcats in the areas designated pursuant to subdivisions (a) and (b) shall not apply to the taking of a bobcat by an employee of the department acting in an official capacity, to a taking in accordance with the conditions of a scientific, educational, or propagation permit pursuant to Section 1002 by the holder of that permit, or to the lawful taking of a bobcat found to be injuring crops or other property, pursuant to Section 4152, another provision of this code, or a regulation adopted pursuant to this code.
(d) Notwithstanding Section 2016 or any other provision of this code, on and after January 1, 2014, it shall be unlawful to trap a bobcat, or attempt to do so, on private land not belonging to the trapper without the express written consent of the owner of that property. The placing or possession of a trap or the possession of a bobcat on land is prima facie evidence of a violation of this subdivision.
(e) Consistent with the requirements of subdivision (c) of Section 4006, the commission shall set trapping license fees and associated fees, including, but not limited to, shipping tags required pursuant to Section 479 of Chapter 6 of Subdivision 2 of Division 1 of Title 14 of the California Code of Regulations, for the 2014-15 season, and any subsequent seasons in which bobcat trapping is allowed, at the levels necessary to fully recover all reasonable administrative and implementation costs of the department and the commission associated with the trapping of bobcats in the state, including, but not limited to, enforcement costs.
(f) This section does not limit the ability of the department or the commission to impose additional requirements, restrictions, or prohibitions related to the taking of bobcats, including a complete prohibition on the trapping of bobcats pursuant to this code.
Credits
(Added by Stats.2013, c. 748 (A.B.1213), § 3. Amended by Stats.2015, c. 154 (A.B.1527), § 73, eff. Jan. 1, 2016.)
§ 4156. Hunting, trapping, or taking of bobcats prohibited; exceptions
(a) Except as provided in Section 4157 and notwithstanding any other law, it is unlawful for a person to hunt, trap, or otherwise take a bobcat.
(b) The prohibitions of this section shall not apply to any of the following:
(1) The take of a bobcat by a law enforcement officer or licensed veterinarian acting in the course and scope of official duty.
(2) The take of a bobcat based on a good faith belief that the take was necessary to protect a person from immediate bodily harm from the bobcat if both of the following conditions are met:
(A) The person who committed the take notifies the department within five days after the take.
(B) A bobcat or part of the bobcat taken pursuant to this subdivision is not retained, sold, or removed from the site of the take without the authorization from the department.
(3) The take of a bobcat pursuant to Section 3960.2, 3960.6, or 4181.
(4) The take of a bobcat pursuant to Section 1002 or 3960.4.
(5) The take of a bobcat pursuant to Chapter 2 (commencing with Section 2116) of Division 3.
(6) The take of a bobcat by the department for the protection of a species listed as endangered or threatened under the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3).
Credits
(Added by Stats.2019, c. 766 (A.B.1254), § 4, eff. Jan. 1, 2020.)
§ 4157. Bobcat hunting season; area determined by commission; considerations and duties of commission
(a) Upon appropriation of funds by the Legislature for purposes of this section, commencing January 1, 2025, the commission may open a bobcat hunting season in any area determined by the commission to require a hunt.
(b) Before opening a bobcat hunting season in any area, the commission shall do all of the following:
(1) Consider the potential impacts of a bobcat hunting season, including the effects on all of the following:
(A) Bobcat populations.
(B) Bobcats' wild prey.
(C) Disease abatement, including, but not limited to, hantavirus.
(D) The control of invasive species, especially nutria.
(2) Require the implementation of effective nonlethal management strategies to address public safety and livestock conflicts related to bobcats.
(3) Adopt the bobcat management plan developed by the department pursuant to Section 4158.
(4) Consider state residents' values with regard to the trophy hunting of bobcats.
(5) Assess the costs to the department and the commission associated with bobcat hunting, including the administrative, implementation, and enforcement costs.
(c) Consistent with the requirements of Section 3031 and pursuant to Sections 713 and 1050, the commission shall set hunting license fees and associated fees for any subsequent seasons in which bobcat hunting is allowed, at the levels necessary to fully recover all the reasonable administrative and implementation costs of the department and the commission associated with the hunting of bobcats in the state.
(d) This section does not limit the ability of the department or the commission to impose additional requirements, restrictions, or prohibitions related to the take of bobcats.
Credits
(Added by Stats.2019, c. 766 (A.B.1254), § 5, eff. Jan. 1, 2020.)
§ 4158. Bobcat management plan; submission of plan to Legislature; contents of plan
(a) Before opening a bobcat hunting season pursuant to Section 4157, the department, in consultation with other relevant state agencies, local governments, federal agencies, nongovernmental organizations, landowners, and scientific entities, shall develop, upon appropriation by the Legislature, a bobcat management plan to inform and coordinate management decisions regarding bobcat populations. The bobcat management plan shall use credible science and utilize an ecosystem-based approach. The bobcat management plan shall be submitted by the department to the commission and the Legislature and shall include all of the following:
(1) A current statewide bobcat population estimate based on the best available science.
(2) An assessment of the overall health of the statewide bobcat population.
(3) A comprehensive strategy to manage bobcat populations and their habitat throughout the state, including, but not limited to, an assessment of the effects of climate change, such as from drought and wildfires; rodenticides; and human development on the state's bobcats, the bobcats' prey, and the bobcats' habitats. The comprehensive strategy shall utilize the principles of adaptative management and incorporate recommendations for monitoring.
(4) An investigation of efficacious nonlethal solutions to prevent bobcat predation on livestock, primarily chickens or other domestic animals that the Department of Food and Agriculture deems needing widespread protections from bobcats.
(5) Recommendations for regulatory or statutory changes necessary to implement the bobcat management plan.
(b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
Credits
(Added by Stats.2019, c. 766 (A.B.1254), § 6, eff. Jan. 1, 2020.)
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
(a) It is unlawful to do either of the following to an immature depredator mammal while it is in its den:
(1) Use a snare, hook, or barbed wire to remove the mammal.
(2) Use fire to kill the mammal.
(b) Nothing in this section shall prohibit the use of fire-ignited gas cartridges or other products registered or permitted under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
Credits
(Added by Stats.1979, c. 701, p. 2178, § 5. Amended by Stats.2023, c. 132 (A.B.1760), § 84, eff. Jan. 1, 2024.)
As used in this article, “wild pigs” has the meaning set forth in Section 4650.
Credits
(Added by Stats.2023, c. 132 (A.B.1760), § 85, eff. Jan. 1, 2024.)
§ 4181. Permit to take animals injuring property; facts contained in bear or bobcat permits; wild pigs; 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, bobcat, beaver, wild pig, wild turkeys, or gray squirrels may apply to the department for a permit to kill the animals. Subject to the limitations in subdivisions (b) and (d), the department, upon satisfactory evidence of the damage or destruction, actual or immediately threatened, shall issue a revocable permit for the taking and disposition of the animals under regulations adopted by the commission. The permit shall include a statement of the penalties that may be imposed for a violation of the permit conditions. Animals so taken shall not be sold or shipped from the premises on which they are taken except under instructions from the department. An iron-jawed or steel-jawed or any type of metal-jawed trap shall not be used to take any bear or bobcat pursuant to this section. Poison of any type shall not be used to take any gray squirrel or wild turkey pursuant to this section. The department shall designate the type of trap to be used to ensure the most humane method is used to trap gray squirrels. The department may require trapped squirrels to be released in parks or other nonagricultural areas. It is unlawful for any person to violate the terms of any permit issued under this section.
(b) The permit issued for taking bears or bobcats pursuant to subdivision (a) shall contain the following facts:
(1) Why the issuance of the permit was necessary.
(2) What efforts were made to solve the problem without killing the bears or bobcats.
(3) What corrective actions should be implemented to prevent a reoccurrence.
(c) With respect to wild pigs, the department shall provide an applicant for a depredation permit to take wild pigs or a person who reports taking wild pigs pursuant to subdivision (b) of Section 4181.1 with written information that sets forth available options for wild pig control, including, but not limited to, depredation permits, allowing periodic access to licensed hunters, and holding special hunts authorized pursuant to Section 4188. The department may maintain and make available to these persons lists of licensed hunters interested in wild pig hunting and lists of nonprofit organizations that are available to take possession of depredating wild pig carcasses. The department shall not limit the number of wild pigs to be taken under a depredation permit or based on the sex of the wild pig.
(d) With respect to elk, the following procedures shall apply:
(1) Before issuing a depredation permit pursuant to subdivision (a), the department shall do all of the following:
(A) Verify the actual or immediately threatened damage or destruction.
(B) Provide a written summary of corrective measures necessary to immediately alleviate the problem.
(C) Determine the viability of the local herd, and determine the minimum population level needed to maintain the herd.
(D) Ensure the permit will not reduce the local herd below the minimum.
(E) Work with affected landowners to develop measures to achieve long-term resolution while maintaining viability of the herd.
(2) After completing the statewide elk management plan pursuant to Section 3952, the department shall use the information and methods contained in the plan to meet the requirements of subparagraphs (C), (D), and (E) of paragraph (1).
Credits
(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; Stats.2019, c. 766 (A.B.1254), § 7, eff. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), § 19, eff. Jan. 1, 2023.)
§ 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 their official capacity. The person taking the wild pig shall report the taking no later than the next working day to the department and shall make the carcass available to the department. Unless otherwise directed by the department and notwithstanding Section 4657, the person taking a wild pig pursuant to this subdivision, or to whom the carcass of a wild pig taken pursuant to this subdivision is transferred pursuant to subdivision (c), may possess the carcass of the wild pig. The person in possession of the carcass shall make use of the carcass, which may include an arrangement for the transfer of the carcass to another person or entity, such as a nonprofit organization, without compensation. The person who arranges this transfer shall be deemed to be in compliance with Section 4304. It is the intent of the Legislature that nothing in this subdivision shall be interpreted to authorize a person to take wild pigs pursuant to this subdivision in violation of a state statute or regulation or a local zoning or other ordinance that is adopted pursuant to other provisions of law and that restricts the discharge of firearms.
(c) The department shall make a record of each report made pursuant to subdivision (a) or (b) and may have an employee of the department investigate the taking or cause the taking to be investigated. The person taking a wild pig shall provide information as deemed necessary by the department. Upon completion of the investigation, the investigator may, upon a finding that the requirements of this section have been met with respect to the particular bear or wild pig taken under subdivision (a) or (b), issue a written statement to the person confirming that the requirements of this section have been met. The person who took the wild pig may transfer the carcass to another person without compensation.
(d) Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(e) Nothing in this section prohibits federal, state, or county trappers from killing or trapping bears when the bears are killing or molesting livestock, but no iron-jawed or steel-jawed or any type of metal-jawed trap shall be used to take the bear, and no person, including employees of the state, federal, or county government, shall take bear with iron-jawed or steel-jawed or any type of metal-jawed traps.
Credits
(Added by Stats.1984, c. 1365, § 2. Amended by Stats.1997, c. 481 (S.B.329), § 2; Stats.2023, c. 132 (A.B.1760), § 86, eff. Jan. 1, 2024.)
§ 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 actual or immediately threatened damage or destruction shall, pursuant to regulations adopted by the commission, issue a revocable permit for the taking and disposition of those deer, for a designated period not to exceed 60 days.
(b) The regulations of the commission shall include provisions concerning the type of weapons to be used to kill the deer. The weapons shall be those as will ensure humane killing, but the regulations of the commission shall provide for the use of a sufficient variety of weapons to permit the designation of particular types to be used in any particular locality commensurate with the need to protect persons and property. Firearms using .22-caliber rimfire cartridges may be used only when authorized by the director or the director's designee. No pistols shall be used.
(c) The caliber and type of weapon to be used by each permittee shall be specified in each permit by the issuing officer who shall take into consideration the location of the area, the necessity for clean kills, the safety factor, local firearms ordinances, and other factors that apply. Rifle ammunition used shall have expanding bullets; shotgun ammunition shall have only single slugs, or, if authorized by the department, 0 or 00 buckshot.
(d) At the time a permit is issued pursuant to subdivision (a), the department shall issue tags similar to those provided for in Section 4331. The permittee shall carry the tags while hunting the deer for which the permit was issued, and upon killing any deer, shall immediately do all of the following:
(1) Fill out both parts of the tag, and clearly punch out the date of the kill.
(2) Attach one part of the completed tag to the antlers of antlered deer, or to the ear of any other deer, and keep that part of the tag attached to the deer until 10 days after the permit has expired.
(3) Obtain a countersignature on the other part of the tag pursuant to Section 4341.
(4) Send the countersigned part of the tag to the department.
(e) A permit issued pursuant to this section may be renewed only after a finding by the department that further damage has occurred or will occur, unless that permit is renewed. A person seeking renewal of the permit pursuant to this subdivision shall do all of the following:
(1) Account for all prior tags previously issued with all prior permits.
(2) If any of the previously issued tags are unused, show either of the following:
(A) That any deer previously killed pursuant to a previously issued permit could not reasonably have been tagged.
(B) Why the killing was not accomplished within the time allotted for that killing, and why the killing would be accomplished under a new time period.
Credits
(Added by Stats.1965, c. 1119, p. 2767, § 2. Amended by Stats.2007, c. 285 (A.B.1729), § 81; Stats.2023, c. 132 (A.B.1760), § 87, eff. Jan. 1, 2024.)
§ 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 to take wild pigs or wild turkeys, or under Section 4181.5 to take deer, the department shall notify the applicant about available options for allowing access by licensed hunters, including, but not limited to, access authorized pursuant to Article 3 (commencing with Section 1570) of Chapter 5 of Division 2 to control wild pigs, wild turkeys, and deer.
(b) The commission, in lieu of a permit described in subdivision (a), and with the consent of, or upon the request of, the landowner or tenant, may pursuant to appropriate regulation authorize the issuance of permits to persons holding valid hunting licenses to take wild pigs, wild turkeys, or deer in sufficient numbers to stop the damage or threatened damage. Before issuing permits to licensed hunters, the department shall investigate and determine the number of permits necessary, the territory involved, the dates of the proposed hunt, the manner of issuing the permits, and the fee for the permit.
Credits
(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. Amended by Stats.2023, c. 132 (A.B.1760), § 88, eff. Jan. 1, 2024.)
§ 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.)