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California

West's Annotated California Codes. Fish and Game Code. Division 4. Birds and Mammals. Part 3. Mammals. Chapter 9. Bear

Statute Details
Printable Version
Citation: CA FISH & G 4750 - 4763

Citation: West's Ann. Cal. Fish & G. Code 4750 - 4763


Last Checked by Web Center Staff: 11/2012

Summary:   These sections outline the requirements for taking a bear in California.  It is unlawful, for example, to take any bear with a firearm, trap, or bow and arrow without first procuring a license tag authorizing the taking.  These sections list the license requirements and other restrictions on the method of taking, including penalties for violations.


Statute in Full:

§ 4750.  Tag for taking bear

§ 4751.  License fee; number of tags; revenue

§ 4752.  Effective period of tags

§ 4753.  Use of bear tag 

§ 4754.  Forfeiture of tags; effect of forfeiture 

§ 4755.  Tag to be countersigned 

§ 4756.  Use of dogs in hunting bear - Repealed by 2012 Cal. Legis. Serv. Ch. 595 (S.B. 1221) (WEST).

§ 4757.  Retention of skin and head of bear 

§ 4758.  Sale of bear meat or other parts prohibited; possession of more than one gall bladder as prima facie evidence; sales by taxidermists

§ 4759.  Use of bear skins or other parts  

§ 4760.  Bear taken outside state

§§ 4761, 4762.  [Repealed by Stats.1959, c. 251, p. 2154, § 2.] 

§ 4763. Taking bear which cause damage

 

 § 4750.  Tag for taking bear   

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 chapter, but no iron or steel-jawed or any type of metal-jawed trap shall be used to take any bear.

CREDIT(S)

(Added by Stats.1957, c. 1916, p. 3349, § 2. Amended by Stats.1959, c. 250, p. 2154, § 1; Stats.1967, c. 310, p. 1495, § 4; Stats.2007, c. 285 (A.B.1729), § 95.)

 

§ 4751.  License fee; number of tags; revenue   

(a) Any resident of this state, 12 years of age or over, who possesses a valid hunting license, may procure the number of bear tags corresponding to the number of bear that may legally be taken by one person during the current license year, upon payment of a base fee of fifteen dollars ($15), as adjusted under Section 713, for each bear tag. Fee revenues pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section.

(b) Any nonresident of this state, 12 years of age or over, who possesses a valid California hunting license, may procure the number of bear tags corresponding to the number of bear that may be legally taken by one person during the current license year upon payment of the base fee of one hundred five dollars ($105), as adjusted under Section 713, for each bear tag. Fee revenues pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section.

CREDIT(S)

(Added by Stats.1981, c. 760, p. 2966, § 2, operative Jan. 1, 1983. Amended by Stats.1983, c. 1117, § 7; Stats.1985, c. 1463, § 22; Stats.1986, c. 1368, § 19; Stats.2007, c. 285 (A.B.1729), § 96; Stats.2010, c. 408 (S.B.1058), § 12.).)

 

§ 4752.  Effective period of tags   

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.

CREDIT(S)

(Added by Stats.1957, c. 1916, p. 3349, § 2. Amended by Stats.2007, c. 285 (A.B.1729), § 97.)

 

§ 4753.  Use of bear tag   

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 tag completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and the date of the kill. One part of the tag shall be immediately attached to the ear of the bear and kept attached during the open season and for 15 days thereafter. The holder of the bear tag shall immediately, upon harvesting a bear, notify the department in a manner specified by the commission. Except as otherwise provided by this code or regulations adopted pursuant to this code, it is unlawful to possess any untagged bear.

CREDIT(S)

(Added by Stats.1957, c. 1916, p. 3349, § 2. Amended by Stats.2001, c. 112 (A.B.435), § 33; Stats.2007, c. 285 (A.B.1729), § 98.)

 

§ 4754.  Forfeiture of tags; effect of forfeiture   

(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 bears shall forfeit his or her bear tags, and new bear tags shall not be issued to that person during the then current license year for hunting licenses.

(b) A person described in subdivision (a) shall not apply for bear tags for the following license year.

CREDIT(S)

Added by Stats.1957, c. 1916, p. 3349, § 2. Amended by Stats.1988, c. 556, § 1; Stats.2007, c. 285 (A.B.1729), § 99.)

 

§ 4755.  Tag to be countersigned   

Any person legally killing a bear in this state shall have the tag countersigned by a fish and game commissioner, a person employed in the department, a person designated for this purpose by the commission, or by a notary public, postmaster, postmistress, peace officer or by an officer authorized to administer oaths, before transporting that bear except for the purpose of taking it to the nearest officer authorized to countersign the tag, on the route being followed from the point where the bear is taken.

CREDIT(S)

(Added by Stats.1957, 1916, p. 3349, § 2. Amended by Stats.1998, c. 931 (S.B.2139), § 157, eff. Sept. 28, 1998; Stats.2007, c. 285 (A.B.1729), § 100.)

 

§ 4756.  Use of dogs in hunting bear - Repealed by 2012 Cal. Legis. Serv. Ch. 595 (S.B. 1221) (WEST).

Former Text:

Except as provided in this section it is unlawful to use dogs to hunt, pursue, or molest bears.   

The use of one dog per hunter is permitted for the hunting of bears during the time that the season is open for the taking of deer in the area of the state affected.   

The use of more than one dog per hunter is permitted in the hunting of bears during the open season on bears in the area of the state affected except during the period when archery deer seasons or regular deer seasons are open.

CREDIT(S)

(Added by Stats.1957, c. 1916, p. 3349, § 2. Amended by Stats.1971, c. 513, p. 1008, § 1.)

 

§ 4757.  Retention of skin and head of bear   

Any person taking any bear must retain in his possession during the open season thereon, and for 15 days thereafter, the skin and portion of the head bearing the ears, and must produce the skin and portion of the head upon the demand of any officer authorized to enforce the provisions of this code.

CREDIT(S)

(Added by Stats.1957, c. 1916, p. 3349, § 2.)

 

§ 4758.  Sale of bear meat or other parts prohibited; possession of more than one gall bladder as prima facie evidence; sales by taxidermists  

(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, the meat, skin, hide, teeth, claws, or other parts of any bear in this state.

(b) The possession of more than one bear gall bladder is prima facie evidence that the bear gall bladders are possessed for sale.   

(c) Nothing in this section prohibits a sale authorized pursuant to Section 3087.

CREDIT(S)

(Added by Stats.1957, c. 1916, p. 3349, § 2. Amended by Stats.1977, c. 1208, p. 4083, § 11;; Stats.1988, c. 556, § 2.)

 

§ 4759.  Use of bear skins or other parts   

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 personal use only. Notwithstanding the provisions of Section 4757, the skin, hide, teeth, claws, or other parts of any bear lawfully taken may be donated any time to veterans' organizations or veterans' service committees for use by veterans for rehabilitation purpose. The donor shall obtain a receipt which shall be retained during the period stipulated by Section 4757.

CREDIT(S)

(Added by Stats.1957, c. 1916, p. 3349, § 2. Amended by Stats.1972, c. 60, p. 81, § 1; Stats.1977, c. 1208, p. 4083, § 12.)

 

§ 4760.  Bear taken outside state

The provisions of this chapter relating to the possession of bear apply to bear taken outside this State and transported into this State.

CREDIT(S)

(Added by Stats.1957, c. 1916, p. 3349, § 2.)

 

 §§ 4761, 4762.  [Repealed by Stats.1959, c. 251, p. 2154, § 2.]

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

The repealed sections were added by Stats.1957, c. 1916, p. 3349, § 2, and related respectively to the possession of bear and the possession of bear meat.

 

§ 4763. Taking bear which cause damage

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 threatened damage from bear.

CREDIT(S)

(Added by Stats.1957, c. 1916, p. 3349, § 2.)

 

 



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