California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 2 - Game, Furbearers, Nongame, and Depredators › Chapter 1 - General Provisions and Definitions › Section 251.2 - Permits to Pursue, Drive, Herd, or Take Birds and Mammals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Permits to pursue, drive, herd, or take birds and mammals
					 with or from motorized water, land, or air vehicles may be issued by the
					 department under and subject to the following conditions:
(a) To Whom Issued. Permits may be issued to
				  landowners, tenants, or lessees suffering damage, actual or immediately
				  threatened, to land or property by birds or mammals. Permits may not be issued
				  to any person less than 18 years of age. The privilege granted in a permit
				  entitles only the permittee, members of his family, his employees or
				  contractors to pursue, drive, herd, or take birds and mammals in accordance
				  with the provisions of the permit. No permittee shall allow any person under 16
				  years of age to take, pursue, drive, or herd birds or mammals under a permit.
				  No permit may be transferred to another person.
(b) Exemption from Permit. Federal or state
				  animal control agencies and their employees or contractors, including other
				  public employees supervised by such agencies, engaged in pursuing, driving,
				  herding or taking birds or mammals in the performance of their regular duties
				  are not required to obtain a permit pursuant to this section. This exemption
				  shall not be effective unless the agencies or their employees or contractors
				  are performing their required duties in accordance with applicable Federal
				  regulations. Agencies taking depredating animals on or over private lands shall
				  do so only through a written landowner agreement. Such agreement shall become
				  valid only upon approval of the department. Federal or state animal control
				  agencies engaged in the foregoing activities shall submit a report to the
				  headquarters office of the Department of Fish and Game each calendar quarter
				  showing the number and species of birds or mammals taken or herded; area where
				  the activity occurred, and such other information the department may
				  require.
(c) Application
				  Requirements. An applicant for a permit shall submit a written request to the
				  department showing his name, address, location and size of the land where
				  damage is occurring, and the names of all individuals and/or State or Federal
				  agencies other than the applicant who may be employed or authorized by the
				  applicant to pursue, drive, herd, or take the birds or mammals which are
				  causing damage, actual or immediately threatened, to land or property; a
				  description of the property, including livestock or other domestic animals
				  being damaged; the species of birds or mammals causing damage; the proposed
				  method of pursuing, driving, herding, or taking the offending animals; the
				  period of time a permit is needed to alleviate damage; and such other
				  information the department may require.
(d) Investigation of Damage. Upon receiving a
				  request for a permit, the department shall investigate the applicant's claim of
				  damage and shall be satisfied that damage has occurred or is immediately
				  threatened before issuing a permit. The department may deny a request for a
				  permit, and the applicant may appeal such decision before the
				  commission.
(e) Permit Limitations.
				  A permit issued pursuant to these regulations shall not authorize the permittee
				  to kill any game bird or game mammal. A permit shall be valid on public lands
				  only if the permittee has permission from the agency controlling the lands to
				  exercise the privileges of the permit on such lands, or if the permittee, by
				  obtaining a permit under these regulations, has fulfilled applicable
				  requirements set forth in Federal laws and regulations.
The department may impose any additional limitation or
					 requirement in a permit as needed to prevent unnecessary harm to any species of
					 wildlife or for public safety reasons.
(f) Reports. The permittee shall submit a
				  report within 15 days following expiration of the permit showing the number of
				  birds or mammals taken under the permit, except that any permittee authorized
				  to use any type of aircraft under such permit shall submit a report to the
				  department each calendar quarter showing the number and species of animals
				  taken.
1. New
					 section filed 7-6-72; effective thirtieth day thereafter (Register 72, No.
					 28).
2. Amendment filed 1-16-74; effective thirtieth day thereafter
					 (Register 74, No. 3).
3. Amendment of subsections (a) and (b) filed
					 12-9-75 as an emergency; effective upon filing. Certificate of Compliance
					 included (Register 75, No. 50).
4. Amendment of NOTE filed 5-13-81;
					 designated effective tenth day thereafter (Register 81, No.
					 20).
Note: Authority cited: Section
						3003.5,
						Fish and Game Code. Reference: Section
						3003.5,
						Fish and Game Code.