reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 5 - Avian Influenza Wildlife Surveillance Act › Section 3862.

3862. The Natural Resources Agency, in consultation with the department, the Department of Food and Agriculture, the State Department of Public Health, the Office of Emergency Services, and the University of California, shall develop and implement a plan for the surveillance, monitoring, sampling, diagnostic testing, and reporting of avian influenza in wild birds and animals in the state. The Natural Resources Agency shall consult with the United States Fish and Wildlife Service and the United States Department of Food and Agriculture in developing the plan.
(Amended by Stats. 2013, Ch. 352, Sec. 96. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 5 - Avian Influenza Wildlife Surveillance Act › Section 3863.

3863. (a) The Secretary of the Natural Resources Agency shall formally establish the Avian Influenza Working Group to assist in the development of the plan described in Section 3862. The Avian Influenza Working Group shall utilize, as guidance for early detection, the national protocol that has been developed to guide states in developing state-specific plans, known as the Early Detection System for Asian H5N1 Highly Pathogenic Avian Influenza in Wild Migratory Birds. The Avian Influenza Working Group shall also continue, enhance, and facilitate the work already begun by the department, other state departments, and the University of California, to coordinate communication of information and response plans for highly pathogenic avian influenza in wild birds.
(b) The Avian Influenza Working Group shall be composed of all of the following members:
(1) The Secretary of the Natural Resources Agency, or a designee.
(2) The director, or a designee.
(3) The Secretary of Food and Agriculture, or a designee.
(4) The State Public Health Officer, or a designee.
(5) The Director of Emergency Services, or a designee.
(6) One representative appointed by the Regents of the University of California.
(7) Two representatives from a qualified research organization or other qualified nongovernmental organization appointed by the Secretary of the Natural Resources Agency.
(c) The director shall chair the Avian Influenza Working Group.
(d) A majority of the Avian Influenza Working Group shall constitute a quorum for the transaction of business.
(e) The duties of the Avian Influenza Working Group shall include all of the following:
(1) Developing strategies for the detection of, and response to, the avian influenza virus in wild birds in California.
(2) Fostering communication among state and federal agencies regarding the avian influenza surveillance program.
(3) Developing strategies for public outreach and education.
(f) The Avian Influenza Working Group may consult with other public and nonprofit groups potentially affected by avian influenza in wild birds.
(Amended by Stats. 2013, Ch. 352, Sec. 97. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 1 - Game Mammals › Section 3950.

3950. (a) Game mammals are: deer (genus Odocoileus), elk (genus Cervus), prong-horned antelope (genus Antilocapra), wild pigs, including feral pigs and European wild boars (genus Sus), black and brown or cinnamon bears (genus Euarctos), mountain lions (genus Felis), jackrabbits and varying hares (genus Lepus), cottontails, brush rabbits, and pygmy rabbits (genus Sylvilagus), and tree squirrels (genus Sciurus and Tamiasciurus).
(b) Nelson bighorn sheep (subspecies Ovis canadensis nelsoni) are game mammals only for the purposes of sport hunting described in subdivision (b) of Section 4902.
(c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 469, Sec. 12. (SB 856) Effective January 1, 2023. Repealed as of July 1, 2024, by its own provisions. See later operative version as added by Sec. 13 of Stats. 2022, Ch. 469.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 1 - Game Mammals › Section 3950.

3950. (a) Game mammals are: deer (genus Odocoileus), elk (genus Cervus), prong-horned antelope (genus Antilocapra), black and brown or cinnamon bears (genus Euarctos), mountain lions (genus Felis), jackrabbits and varying hares (genus Lepus), cottontails, brush rabbits, and pygmy rabbits (genus Sylvilagus), and tree squirrels (genus Sciurus and Tamiasciurus).
(b) Nelson bighorn sheep (subspecies Ovis canadensis nelsoni) are game mammals only for the purposes of sport hunting described in subdivision (b) of Section 4902.
(c) This section shall become operative on July 1, 2024.
(Repealed (in Sec. 12) and added by Stats. 2022, Ch. 469, Sec. 13. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 1 - Game Mammals › Section 3950.1.

3950.1. (a) Notwithstanding Section 3950 or any other provision of this code, the mountain lion (genus Felis) shall not be listed as, or considered to be, a game mammal by the department or the commission.
(b) Section 219 does not apply to this section. Neither the commission nor the department shall adopt any regulation that conflicts with or supersedes this section.
(Added June 5, 1990, by initiative Proposition 117, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 1 - Game Mammals › Section 3951.

3951. The commission may authorize the taking of tule elk pursuant to Section 332. When relocating tule elk, the department shall relocate the elk in areas suitable to them in the state and shall cooperate to the maximum extent possible with federal and local agencies and private property owners in relocating tule elk in suitable areas under their jurisdiction or ownership. When property or environmental damage occurs, emphasis shall be placed on managing each tule elk herd at a biologically sound level through the use of relocation, regulated hunting, or other appropriate methods, individually or in combination, as determined by the department in accordance with the statewide elk management plan developed pursuant to Section 3952, after consulting with local landowners.
The number of tule elk in the Owens Valley shall not be permitted to increase beyond 490, or any greater number hereafter determined by the department to be the Owens Valley’s holding capacity in accordance with game management principles.
(Amended by Stats. 2003, Ch. 291, Sec. 2. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 1 - Game Mammals › Section 3952.

3952. The department shall develop a statewide elk management plan, consistent with the state’s wildlife policy as set forth in Section 1801. The statewide elk management plan shall emphasize maintaining sufficient elk populations in perpetuity, while considering all of the following:
(a) Characteristics and geographic range of each elk subspecies within the state, including Roosevelt elk, Rocky Mountain elk, and tule elk.
(b) Habitat conditions and trends within the state.
(c) Major factors affecting elk within the state, including, but not limited to, conflicts with other land uses.
(d) Management activities necessary to achieve the goals of the plan and to alleviate property damage.
(e) Identification of high priority areas for elk management.
(f)Methods for determining population viability and the minimum population level needed to sustain local herds.
(g) Description of the necessary contents for individual herd management plans prepared for high priority areas.
(Added by Stats. 2003, Ch. 291, Sec. 3. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 1 - Game Mammals › Section 3960.

3960. (a) As used in this section:
(1) “Pursue” means pursue, run, or chase.
(2) “Bear” means any black bear (Ursus americanus) found in the wild in this state.
(b) It is unlawful to permit or allow any dog to pursue any big game mammal during the closed season on that mammal, to pursue any fully protected, rare, or endangered mammal at any time, to pursue any bear or bobcat at any time, or to pursue any mammal in a game refuge or ecological reserve if hunting within that refuge or ecological reserve is unlawful.
(c) The department may take any of the following actions:
(1) Capture any dog not under the reasonable control of its owner or handler, when that uncontrolled dog is pursuing, in violation of this section, any of the following mammals:
(A) A big game mammal.
(B) A bear or bobcat.
(C) A fully protected, rare, or endangered mammal.
(2) Capture or dispatch any dog inflicting injury or immediately threatening to inflict injury to any of the following mammals, under the specified conditions:
(A) A big game mammal, during the closed season on that mammal.
(B) A bear or bobcat, at any time.
(C) A fully protected, rare, or endangered mammal, at any time.
(D) A mammal in a game refuge or ecological reserve, if hunting within that refuge or ecological reserve is unlawful.
(d) No criminal or civil liability shall accrue to any department employee as a result of enforcement of this section.
(e) This section does not apply to the use of dogs to pursue bears or bobcats by federal, state, or local law enforcement officers, or their agents or employees, when carrying out official duties as required by law.
(f) If a dog captured or dispatched pursuant to this section has identification, its owner shall be notified within 72 hours after capture or dispatch.
(Amended by Stats. 2023, Ch. 132, Sec. 80. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 1 - Game Mammals › Section 3960.2.

3960.2. (a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960.
(b) Notwithstanding Section 3960, not more than three dogs may be used to pursue bears or bobcats pursuant to a depredation permit issued by the department, if all of the following conditions are met:
(1) The applicant demonstrates, in writing, that nonlethal and avoidance measures were undertaken prior to requesting the depredation permit.
(2) The applicant demonstrates, in writing, the specific need for the use of dogs in carrying out the depredation permit.
(3) The depredation permit authorizing the use of dogs is valid for the take of one bear or one bobcat.
(4) The depredation permit authorizing the use of dogs is valid for a period not to exceed 20 consecutive days.
(5) The depredation permit specifies the name and address of any dog handler who will be utilized in the pursuit or taking.
(6) The dog handler has the depredation permit in his or her possession at all times during the pursuit or taking.
(7) The dog handler does not pursue a bear or bobcat more than one mile off the property on which the depredation activity occurred.
(c) After any taking of a bear, the applicant is required to submit the skull to the department as described in the department’s Black Bear Management Plan. No part of any bear taken pursuant to a depredation permit may be sold, purchased, or possessed for sale, as described in Section 4758.
(d) No holder of a depredation permit may solicit or receive compensation from any person in exchange for carrying out the terms of the permit. For these purposes, “compensation” means remuneration paid in money, property, or anything else of value.
(e) The holder of a depredation permit, within 30 days of its issuance, shall report to the department detailing the use of the permit and the results of any pursuits, including information about bear or bobcat pursued and whether the bear or bobcat was or was not harmed, but not killed.
(Added by Stats. 2012, Ch. 595, Sec. 3. (SB 1221) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 1 - Game Mammals › Section 3960.4.

3960.4. (a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960.
(b) Notwithstanding Section 3960, the department may authorize qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to use dogs to pursue bears or bobcats for the purpose of scientific research, provided that the research project is designed to do all of the following:
(1) Contribute to knowledge of natural wildlife ecosystems.
(2) Follow best practices and minimize disruptions in the lives and movements of bears, bobcats, and other wildlife, as well as impacts to the habitat while maintaining the applicant’s objectives.
(3) Directly or indirectly support the sustainability and survival of bear or bobcat populations and healthy ecosystems.
(4) Not include the intentional injury or killing of any bear or bobcat.
(5) Not include the intentional relocation of any bear or bobcat other than to areas suitable to them in the state. Any relocation shall comply with the requirements of Section 4190.
(c) Any research project authorized pursuant to subdivision (b) shall be undertaken pursuant to a memorandum of understanding between the department and the authorized research entity that addresses all of the following:
(1) Trapping and anesthetizing of the animals pursued, collection of diagnostic samples, attaching or surgically implanting monitoring or recognition devices or markings, and providing veterinary care or euthanasia, as required, for the health, safety, and humane treatment of the animals.
(2) Qualifications of onsite field supervisors necessary for carrying out authorized research procedures.
(3) Immediate reporting of any incidental mortality or injury to a bear or bobcat as a result of authorized research activities. Reports of any incidental mortality or injury to a bear or bobcat shall be made available to the public upon request.
(4) Filing of annual and final progress reports of research involving pursuit by dogs. Annual and final progress reports shall be made available to the public upon request.
(d) The department shall provide notice to the public of any bear or bobcat research project authorized pursuant to subdivision (b) at least 30 days prior to its initiation, and, upon request, shall make available to the public copies of the memorandum of understanding between the department and the authorized research entity required pursuant to subdivision (c).
(Added by Stats. 2012, Ch. 595, Sec. 4. (SB 1221) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 1 - Game Mammals › Section 3960.6.

3960.6. (a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960.
(b) Notwithstanding Section 3960, the pursuit of bears or bobcats by dogs that are guarding or protecting livestock or crops on property owned, leased, or rented by the owner of the dogs, is not prohibited if the dogs are maintained with, and remain in reasonable proximity to, the livestock or crops being guarded or protected.
(Added by Stats. 2012, Ch. 595, Sec. 5. (SB 1221) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 1 - Game Mammals › Section 3961.

3961. (a) Whenever an employee of the department is not present to carry out the provisions of Section 3960 with respect to any dog inflicting injury or immediately threatening to inflict injury to any deer, elk, or prong-horned antelope during the closed season for these mammals, any property owner, lessee, person holding a permit for the purpose of grazing livestock, or their employee, may seize or dispatch the dog if it is found on their land or premises without the permission of the person who is in immediate possession of the land. If the dog has on it any readily visible identification tag or license tag as prescribed by Section 30951 of the Food and Agricultural Code, and the dog is found in the act of immediately threatening to injure deer, elk, or prong-horned antelope, the dog may only be dispatched under this section if the dog has, and the owner has been notified that the dog has, previously threatened any of these species.
(b) No action, civil or criminal, shall be maintained for a dog lawfully seized or dispatched pursuant to this section.
(c) The owner of a dog shall be notified within 72 hours of the seizure or dispatching of that dog under this section if it had the identification tag or license tag which is required pursuant to Section 30951 of the Food and Agricultural Code.
(Amended by Stats. 2023, Ch. 132, Sec. 81. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 1.5 - Exotic Game Mammals › Section 3965.

3965. (a) Exotic game mammals include wild pigs, including feral pigs and European wild boar (genus Sus) described in Section 4650.
(b) This section shall become operative on July 1, 2024.
(Added by Stats. 2022, Ch. 469, Sec. 16. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4000.

4000. The following are fur-bearing mammals: pine marten, fisher, mink, river otter, gray fox, red fox, kit fox, raccoon, beaver, badger, and muskrat.
(Amended by Stats. 2007, Ch. 285, Sec. 73. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4001.

4001. Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any fur-bearing mammal for purposes of recreation or commerce in fur. The raw fur of a fur-bearing mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code may not be sold.
(Added by Stats. 2019, Ch. 216, Sec. 5. (AB 273) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4002.

4002. Fur-bearing mammals may be taken only with a trap, a firearm, bow and arrow, poison under a proper permit, or with the use of dogs.
(Amended by Stats. 1959, Ch. 980.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4003.

4003. It is unlawful to use poison to take fur-bearing mammals without a permit from the department. The department may issue such a permit upon a written application indicating the kind of poison desired to be used and the time and place of use.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4004.

4004. It is unlawful to do any of the following:
(a) Use a steel-jawed leghold trap, or use any trap with saw-toothed or spiked jaws.
(b) Set or maintain a trap that does not bear a number or other identifying mark as provided in this subdivision. If the trap is set pursuant to Section 4152 or 4180, it shall bear an identifying mark in a manner specified by the department. In all other cases, the trap shall bear a number or other identifying mark registered to the department, or, in the case of a federal, state, county, or city agency, bear the name of that agency. No registration fee shall be charged pursuant to this subdivision.
(c) Fail to visit and remove all animals from traps at least once daily. If the trapping is done pursuant to Section 4152 or 4180, the inspection and removal shall be done by the person who sets the trap, the owner of the land where the trap is set, or an agent of either.
(d) (1) Use a conibear trap that is larger than 6 inches by 6 inches, unless partially or wholly submerged in water.
(2) Notwithstanding paragraph (1), a lawfully set conibear trap that is 10 inches by 10 inches or less may be set pursuant to subdivision (g) of Section 465.5 of Title 14 of the California Code of Regulations, unless prohibited by the department as a permit condition.
(e) When any conibear trap is set on publicly owned land or land expressly open to public use, fail to post signs at each entrance and exit to the property indicating the presence of conibear traps and at least four additional signs within a radius of 50 feet of each trap, one in each cardinal direction, with lettering that is a minimum of three inches high stating: “Danger! Traps Set For Wildlife. Keep Out.” Signs required to be posted by this subdivision shall be maintained and checked daily.
(f) Kill any trapped mammal in accordance with this section by intentional drowning, injection with any chemical not sold for the purpose of euthanizing animals, or thoracic compression, commonly known as chest crushing. This subdivision does not apply to the use of a lawfully set conibear trap that is set partially or wholly submerged in water to trap beaver or muskrat, or the use of a lawfully set colony trap that is set in water to trap muskrat.
(Amended by Stats. 2023, Ch. 132, Sec. 82. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4005.

4005. (a) Except as otherwise provided in this section, every person who traps fur-bearing mammals or nongame mammals, designated by the commission, shall procure a trapping license. Raw fur of fur-bearing and nongame mammals may not be sold. For purposes of this article, “raw fur” means any fur, pelt, or skin that has not been tanned or cured, except that salt-cured or sun-cured pelts are raw furs.
(b) The department shall develop standards that are necessary to ensure the competence and proficiency of applicants for a trapping license. A person shall not be issued a license until the person has passed a test of their knowledge and skill in this field.
(c) Persons trapping mammals in accordance with Section 4152 or 4180 are not required to procure a trapping license except when providing trapping services for profit.
(d) No raw furs taken by persons providing trapping services for profit may be sold.
(e) The license requirement imposed by this section does not apply to any of the following:
(1) Officers or employees of federal, county, or city agencies or the department, when acting in their official capacities, or officers or employees of the Department of Food and Agriculture when acting 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.
(2) Structural pest control operators licensed pursuant to Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code, when trapping rats, mice, voles, moles, or gophers.
(3) Persons and businesses licensed or certified by the Department of Pesticide Regulation pursuant to Chapter 4 (commencing with Section 11701) and Chapter 8 (commencing with Section 12201) of Division 6 of, and Chapter 3.6, (commencing with Section 14151) of Division 7 of, the Food and Agricultural Code, when trapping rats, mice, voles, moles, or gophers.
(f) Except for species that are listed pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 or Chapter 8 (commencing with Section 4700), nothing in this code or regulations adopted pursuant thereto shall prevent or prohibit a person from trapping any of the following animals:
(1) Gophers.
(2) House mice.
(3) Moles.
(4) Rats.
(5) Voles.
(Amended by Stats. 2019, Ch. 216, Sec. 7. (AB 273) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4006.

4006. (a) A trapping license shall be issued as follows:
(1) To any resident of this state over the age of 16 years upon payment of a base fee of forty-five dollars ($45), as adjusted under Section 713.
(2) To any resident of this state under the age of 16 years upon payment of a base fee of fifteen dollars ($15), as adjusted under Section 713.
(3) To any person not a resident of this state upon payment of a base fee of two hundred twenty-five dollars ($225), as adjusted under Section 713.
(b) A license shall not be issued to a nonresident if the state in which he or she resides does not provide for issuance of a nonresident trapping license to California residents. Also, a nonresident issued a license under this subdivision may take only those species, and may take or possess only that quantity of a species that a resident of California may take or possess under a nonresident trapping license or permit in the state of residence of that nonresident.
(c) The commission shall adjust the amount of the fees specified in subdivision (a), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(Amended by Stats. 2012, Ch. 565, Sec. 17. (SB 1148) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4007.

4007. A trapping license authorizes the person to whom it is issued to take fur-bearing mammals and nongame mammals for a term of one year from July 1st, or if issued after the beginning of the term, for the remainder of the term.
(Amended by Stats. 2019, Ch. 216, Sec. 8. (AB 273) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4008.

4008. No trapping license shall be issued to any applicant within one year following the expiration of any trapping license previously issued to such applicant unless the applicant has submitted to the department a sworn statement showing the number of each kind of fur-bearing mammals and nongame mammals taken under the previous license.
(Amended by Stats. 2019, Ch. 216, Sec. 9. (AB 273) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4009.

4009. It is unlawful to remove or disturb the trap of any licensee while the trap is being used by the licensee on public land or on land where the licensee has permission to trap. This section does not apply to any employee of the department while engaged in the performance of official duties.
(Amended by Stats. 1983, Ch. 1048, Sec. 2. Effective September 26, 1983.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4009.5.

4009.5. The commission may adopt regulations as it determines to be necessary to regulate the taking of fur-bearing mammals or nongame mammals taken under a trapping license.
(Amended by Stats. 2019, Ch. 216, Sec. 10. (AB 273) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4010.

4010. The provisions of this chapter do not apply to, or prohibit the propagation of, fur-bearing mammals which are confined in accordance with the regulations of the commission.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4011.

4011. (a) Fur-bearing mammals, game mammals, and nongame mammals, when involved in dangerous disease outbreaks, may be taken by duly constituted officials of any of the following:
(1) The United States Department of Agriculture.
(2) The United States Department of the Interior.
(3) The United States Department of Health and Human Services.
(4) The Department of Food and Agriculture.
(5) The State Department of Public Health.
(6) The department.
(b) A county official may take fur-bearing mammals, game mammals, and nongame mammals pursuant to this section, upon the prior approval of the director or his or her designee and in a manner approved by the director or his or her designee.
(Amended by Stats. 2009, Ch. 294, Sec. 12. (AB 1442) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 2 - Fur-Bearing Mammals › ARTICLE 1 - Trapping Provisions › Section 4012.

4012. It is unlawful to take any red fox for profitmaking purposes.
(Amended by Stats. 2007, Ch. 285, Sec. 76. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 1 - Nongame Mammals › Section 4150.

4150. (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.
(Amended by Stats. 2022, Ch. 469, Sec. 17. (SB 856) Effective January 1, 2023. Repealed as of July 1, 2024, by its own provisions. See later operative version as added by Sec. 18 of Stats. 2022, Ch. 469.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 1 - Nongame Mammals › Section 4150.

4150. (a) A mammal occurring naturally in California that is not a game mammal, exotic 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 become operative on July 1, 2024.
(Repealed (in Sec. 17) and added by Stats. 2022, Ch. 469, Sec. 18. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 1 - Nongame Mammals › Section 4151.

4151. 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.
(Amended by Stats. 1971, Ch. 1470.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 1 - Nongame Mammals › Section 4152.

4152. (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.
(Amended by Stats. 2019, Ch. 766, Sec. 1. (AB 1254) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 1 - Nongame Mammals › Section 4153.

4153. (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.
(Amended by Stats. 2019, Ch. 766, Sec. 2. (AB 1254) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 1 - Nongame Mammals › Section 4154.

4154. (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.
(Amended by Stats. 2023, Ch. 132, Sec. 83. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 1 - Nongame Mammals › Section 4156.

4156. (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).
(Added by Stats. 2019, Ch. 766, Sec. 4. (AB 1254) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 1 - Nongame Mammals › Section 4157.

4157. (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.
(Added by Stats. 2019, Ch. 766, Sec. 5. (AB 1254) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 1 - Nongame Mammals › Section 4158.

4158. (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.
(Added by Stats. 2019, Ch. 766, Sec. 6. (AB 1254) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 2 - Depredators › Section 4180.

4180. (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.
(Amended by Stats. 2007, Ch. 285, Sec. 78. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 2 - Depredators › Section 4180.1.

4180.1. (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.).
(Amended by Stats. 2023, Ch. 132, Sec. 84. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 2 - Depredators › Section 4180.2.

4180.2. As used in this article, “wild pigs” has the meaning set forth in Section 4650.
(Added by Stats. 2023, Ch. 132, Sec. 85. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 2 - Depredators › Section 4181.2.

4181.2. 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.
(Added by Stats. 1997, Ch. 481, Sec. 3. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 2 - Depredators › Section 4185.

4185. 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.
(Amended by Stats. 1983, Ch. 101, Sec. 35.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 2 - Depredators › Section 4186.

4186. 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.
(Amended by Stats. 2007, Ch. 285, Sec. 82. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 2 - Depredators › Section 4188.

4188. (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.
(Amended by Stats. 2023, Ch. 132, Sec. 88. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 3 - Nongame Mammals and Depredators › ARTICLE 2 - Depredators › Section 4190.

4190. 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.
(Amended by Stats. 2006, Ch. 538, Sec. 184. Effective January 1, 2007.)