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California

West's Annotated California Codes. Fish and Game Code. Division 4. Birds and Mammals. Part 3. Mammals. Chapter 10. Mountain Lions

Statute Details
Printable Version
Citation: CA FISH & G 4800 - 4810

Citation: West's Ann. Cal. Fish & G. Code 4800 - 4810


Last Checked by Web Center Staff: 11/2012

Summary:  

California statutes make mountain lions specially protected mammals.  These sections make it unlawful to take, injure, possess, transport, import, or sell any mountain lion or any part or product thereof.  Specific exceptions to these prohibitions include instances where a mountain lion is perceived to be an imminent threat to public health or safety or when it is perceived by to be an imminent threat to the survival of any threatened, endangered, candidate, or fully protected sheep species. 



Statute in Full:

§ 4800. Protected mammal; unlawful taking; misdemeanor

§ 4801. Imminent threat to public health or safety

§ 4801.5. Rejected

§ 4802. Injury to livestock or property; report to authorities; permit

§ 4803. Confirmation of depredation by control officer; permit; issuance

§ 4804. Permit; conditions

§ 4805. Oral authorization of taking

§ 4806. Report of taking; arrangements to turn over carcas

§ 4807. Immediate taking without authorization; report; investigation; permit confirming compliance with section

§ 4808. Agent

§ 4809. Taking of mountain lions; means; prohibited methods

§ 4810. Mountain lion research; monitoring devices; research project objectives; Scientific Collecting Permit

 

 

§ 4800.  Protected mammal; unlawful taking; exceptions; misdemeanor   

(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, import, or sell any mountain lion or any part or product thereof, except as specifically provided in this chapter or in Chapter 2 (commencing with Section 2116) of Division 3.

(2) This chapter does not prohibit the sale or possession of any mountain lion or any part or product thereof, when the owner can demonstrate that the mountain lion, or part or product thereof, was in the person's possession on June 6, 1990.

(3) This chapter does not prohibit the possession of a mountain lion carcass or any part or product of a mountain lion carcass, if all of the following requirements are met:

(A) The carcass or carcass part or product is prepared or being prepared for display, exhibition, or storage, for a bona fide scientific or educational purpose, at a nonprofit museum or government-owned facility generally open to the public or at an educational institution, including a public or private postsecondary institution.

(B) The mountain lion was taken in California consistent with the requirements of this chapter and any other applicable law.

(C) The department has authorized the possession of the carcass or carcass part or product for the purposes of this paragraph.

(c) Any violation of this section is a misdemeanor punishable by imprisonment in the county jail for not more than one year, or a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. An individual is not guilty of a violation of this section if it is demonstrated that, in taking or injuring a mountain lion, the individual was acting in self-defense or in defense of others.

(d) Section 219 does not apply to this chapter. Neither the commission nor the department shall adopt any regulation that conflicts with or supersedes any of the provisions of this chapter.

CREDIT(S)

(Added by Initiative Measure (Prop.117), approved June 5, 1990. Amended by Stats.2011, c. 388 (S.B.769), § 1, eff. Sept. 30, 2011.)

 

§ 4801.  Removal or taking of mountain lion perceived to be threat to public health or safety   

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 lion, that is perceived to be an imminent threat to public health or safety or that is perceived by the department to be an imminent threat to the survival of any threatened, endangered, candidate, or fully protected sheep species.

CREDIT(S)

(Added by Initiative Measure (Prop.117, § 6), approved June 5, 1990. Amended by Stats.1999, c. 435 (A.B.560), § 1, eff. Sept. 17, 1999.)

 

§ 4801.5. Rejected

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

The addition of § 4801.5 by Stats.1995, c. 779 (S.B.28), § 6 (Prop. 197), providing for removal of mountain lions that are perceived to be an imminent threat to public health or safety, was rejected by the electors at the March 26, 1996, election.

 

§ 4802.  Report of injury to property or livestock 

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 report that fact to the department and request a permit to take the mountain lion.

CREDIT(S)

(Added by Initiative Measure (Prop.117, § 6), approved June 5, 1990.)

 

§ 4803.  Confirmation of report 

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 this responsibility, shall immediately take the action necessary to confirm that there has been depredation by a mountain lion as reported. The confirmation process shall be completed as quickly as possible, but in no event more than 48 hours after receiving the report. If satisfied that there has been depredation by a mountain lion as reported, the department shall promptly issue a permit to take the depredating mountain lion.

CREDIT(S)

(Added by Initiative Measure (Prop.117, § 6), approved June 5, 1990.)

 

§ 4804.  Issuance of permits; Conditions   

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 conditions attached:   

(a) The permit shall expire 10 days after issuance.   

(b) The permit shall authorize the holder to begin pursuit not more than one mile from the depredation site.   

(c) The permit shall limit the pursuit of the depredating mountain lion to within a 10-mile radius from the location of the reported damage or destruction.

CREDIT(S)

(Added by Initiative Measure (Prop.117, § 6), approved June 5, 1990.)

 

§ 4805.  Authorization for pursuit after and taking of depredating mountain lion   

Whenever immediate authorization, will materially assist in the pursuit of the particular mountain lion believed to be responsible for the depredation reported pursuant to Section 4802, the department or the animal damage control officer may orally authorize the pursuit and taking of the depredating mountain lion, and the department shall issue a written permit for the period previously authorized as soon as practicable after the oral authorization.

CREDIT(S)

(Added by Initiative Measure (Prop.117, § 6), approved June 5, 1990.)

 

§ 4806.  Report of capture, injuring, or killing of mountain lion  

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 lion to an office of the department or, if telephoning is not practicable, in writing within five days after the capturing, injuring, or killing of the mountain lion. At the time of making the report of the capturing, injuring, or killing, the holder of the permit shall make arrangements to turn over the mountain lion or the entire carcass of the mountain lion which has been recovered to a representative of the department and shall do so in a timely manner.

CREDIT(S)

(Added by Initiative Measure (Prop. 117, § 6), approved June 5, 1990.)

 

§ 4807.  Immediate taking of mountain lion encountered while injuring or killing livestock or domestic animals; Report   

(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 immediately by the owner of the property or the owner's employee or agent. The taking shall be reported within 72 hours to the department. The department shall investigate the depredation, and, if the mountain lion was captured, injured, or killed, the mountain lion or the entire carcass of the mountain lion which has been recovered shall be turned over to the department. Upon satisfactorily completing the investigation and receiving the mountain lion or the carcass, if recovered, the department shall issue a permit confirming that the requirements of this section have been met with respect to the particular mountain lion taken under these circumstances.   

(b) The department shall undertake a complete necropsy on any returned mountain lion carcass and report the findings to the commission. The commission shall compile the reported findings and prepare an annual written report that shall be submitted to the Legislature not later than the January 15 next following the year in which the mountain lion was taken.

CREDIT(S)

(Added by Initiative Measure (Prop. 117, § 6), approved June 5, 1990.)

 

§ 4808.  "Agent"   

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, any employee of the Animal Damage Control Section of the United States Department of Agriculture, any departmental personnel, or any authorized or permitted houndsman registered with the department as possessing the requisite experience and having no prior conviction of any provision of this code or regulation adopted pursuant to this code. A plea of nolo contendere is a conviction for purposes of this section.

CREDIT(S)

(Added by Initiative Measure (Prop. 117, § 6), approved June 5, 1990.)

 

§ 4809.  Manner of taking   

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 damage or destruction, except that no mountain lion shall be taken by means of poison, leg-hold or metal-jawed traps, and snares.    

CREDIT(S)

(Added by Initiative Measure (Prop. 117, § 6), approved June 5, 1990.)

 

§ 4810. Mountain lion research; monitoring devices; research project objectives; Scientific Collecting Permit

(a) As used in this section:

(1) “Authorized research project” means a research project involving mountain lions subject to a Scientific Collecting Permit issued in accordance with this section.

(2) “Permitholder” means a person to whom the department has issued a Scientific Collecting Permit in accordance with this section.

(3) “Scientific Collecting Permit” or “permit” means a permit issued pursuant to Section 1002 for a research project involving mountain lions in accordance with this section.

(b) The department may authorize qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to conduct scientific research involving mountain lions pursuant to a Scientific Collecting Permit as provided in Section 1002.

(c) The department may authorize permitholders to pursue, capture, temporarily possess, temporarily injure, mark, attach to or surgically implant monitoring or recognition devices in, provide veterinary care to, and transport, mountain lions, or any part or product of a mountain lion.

(d) In addition to the requirements in Section 1002, an authorized research project shall be designed to do the following:

(1) Contribute to the knowledge of natural wildlife ecosystems.

(2) Minimize disruptions in the lives and movements of mountain lions and other wildlife, as well as impacts to mountain lion or other wildlife habitat, while maintaining the permitholder's research objectives.

(3) Directly or indirectly support the sustainability and survival of mountain lion populations and healthy ecosystems.

(4) Prevent the permanent injury or killing of any mountain lion.

(e) An authorized research project shall be governed by the Scientific Collecting Permit. The permit shall include, at a minimum, proposed research methods and recordkeeping procedures that address the following:

(1) The capture of, anesthetization of, collection of diagnostic samples from, and transport of, mountain lions or parts and products thereof, and the attaching to or surgically implanting monitoring or recognization devices or markings in, and providing veterinary care as required for the health, safety, and humane treatment of, animals affected by the research project.

(2) The recording of the adverse effects of authorized research procedures on mountain lions and other wildlife.

(3) The qualifications of onsite personnel necessary for carrying out authorized research procedures. A permit applicant shall submit verifiable documentation demonstrating that at least one onsite staff person has at least one year of experience in proposed research methods that involve activities described in subdivision (c).

(4) Annual and final reports to the department.

(f) The department shall notify the public at least 30 days prior to the issuance of a permit, and, upon request, shall make available to the public copies of the permit and annual and final reports.

(g) The department shall handle any mortality or permanent injury to a mountain lion as a result of research authorized pursuant to this section in a manner consistent with the reporting and processing requirements imposed in Section 4807.

CREDIT(S)

(Added by Stats.2012, c. 115 (A.B.1784), § 1, eff. July 13, 2012.)

 

 



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