Article 1. Methods Of Taking of California Fish And Game Code >> Division 4. >> Part 1. >> Chapter 1. >> Article 1.
It is unlawful to take any bird or mammal, except a nongame
mammal, between one-half hour after sunset and one-half hour before
sunrise of the following day at the place of taking, except as
otherwise provided in this code or under such regulations as the
commission may adopt. The commission may adopt regulations
prohibiting the taking of any nongame mammal between one-half hour
after sunset and one-half hour before sunrise of the following day at
the place of taking.
It is unlawful to take birds or mammals with firearms, BB
devices as defined in Section 16250 of the Penal Code, crossbows, or
with bow and arrow when intoxicated.
It is unlawful to shoot at any game bird or mammal, including
a marine mammal as defined in Section 4500, from a powerboat,
sailboat, motor vehicle, or airplane.
(a) It is unlawful for a person to shoot, shoot at, or kill a
bird or mammal with a gun or other device accessed via an Internet
connection in this state.
(b) It is unlawful for a person, firm, corporation, partnership,
limited liability company, association, or other business entity to
do either of the following:
(1) Own or operate a shooting range, site, or gallery located in
the state for the purpose of online shooting or spearing of a bird or
(2) Create, maintain, or utilize an Internet Web site, or other
service or business in this state, for the purpose of online shooting
or spearing of a bird or mammal.
(c) It is unlawful to possess or confine a bird or mammal in
furtherance of an activity prohibited by this section.
(d) It is unlawful for a person in this state to import into, or
export from, this state a bird or mammal that is killed by a device
accessed via an Internet connection.
(e) A bird or mammal that is possessed in violation of this
section shall be subject to seizure by the department.
(f) For the purposes of this section, "online shooting or spearing"
means the use of a computer or other device, equipment, software, or
technology to remotely control the aiming and discharge of a weapon,
including, but not limited to, a firearm, bow and arrow, spear,
slingshot, harpoon, or other projectile device.
Notwithstanding Sections 1001, 1002, 4002, 4004, 4007,
4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a) It is unlawful for any person to trap for the purposes of
recreation or commerce in fur any fur-bearing mammal or nongame
mammal with any body-gripping trap. A body-gripping trap is one that
grips the mammal's body or body part, including, but not limited to,
steel-jawed leghold traps, padded-jaw leghold traps, conibear traps,
and snares. Cage and box traps, nets, suitcase-type live beaver
traps, and common rat and mouse traps shall not be considered
(b) It is unlawful for any person to buy, sell, barter, or
otherwise exchange for profit, or to offer to buy, sell, barter, or
otherwise exchange for profit, the raw fur, as defined by Section
4005, of any fur-bearing mammal or nongame mammal that was trapped in
this state, with a body-gripping trap as described in subdivision
(c) It is unlawful for any person, including an employee of the
federal, state, county, or municipal government, to use or authorize
the use of any steel-jawed leghold trap, padded or otherwise, to
capture any game mammal, fur-bearing mammal, nongame mammal,
protected mammal, or any dog or cat. The prohibition in this
subdivision does not apply to federal, state, county, or municipal
government employees or their duly authorized agents in the
extraordinary case where the otherwise prohibited padded-jaw leghold
trap is the only method available to protect human health or safety.
(d) For purposes of this section, fur-bearing mammals, game
mammals, nongame mammals, and protected mammals are those mammals so
defined by statute on January 1, 1997.
Notwithstanding Sections 4003, 4152, 4180, or 4180.1 of
this code or Section 14063 of the Food and Agricultural Code, no
person, including an employee of the federal, state, county, or
municipal government, may poison or attempt to poison any animal by
using sodium fluoroacetate, also known as Compound 1080, or sodium
It is unlawful to pursue, drive, or herd any bird or mammal
with any motorized water, land, or air vehicle, including, but not
limited to, a motor vehicle, airplane, powerboat, or snowmobile,
except in any of the following circumstances:
(a) On private property by the landowner or tenant thereof to haze
birds or mammals for the purpose of preventing damage by that
wildlife to private property.
(b) Pursuant to a permit from the department issued under
regulations as the commission may prescribe.
(c) In the pursuit of agriculture.
(a) It is unlawful for a person, other than the owner, person
in possession of the premises, or a person having the express
permission of the owner or person in possession of the premises,
while within 150 yards of an occupied dwelling house, residence, or
other building, or within 150 yards of a barn or other outbuilding
used in connection with an occupied dwelling house, residence, or
other building, to either hunt or discharge a firearm or other deadly
weapon while hunting. The 150-yard area is a "safety zone."
(b) It is unlawful for a person to intentionally discharge a
firearm or release an arrow or crossbow bolt over or across a public
road or other established way open to the public in an unsafe and
(a) (1) Nonlead centerfire rifle and pistol ammunition, as
determined by the commission, shall be required when taking big game,
as defined in the department's mammal hunting regulations (14 Cal.
Code Regs. 350), with rifle or pistol, and when taking coyote, within
the California condor range.
(2) For purposes of this section, "California condor range" means:
(A) The department's deer hunting zone A South, but excluding
Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin
Counties, areas west of Highway 101 within Santa Clara County, and
areas between Highway 5 and Highway 99 within Stanislaus, Merced,
Madera, Fresno, Kings, Tulare, and Kern Counties.
(B) Areas within deer hunting zones D7, D8, D9, D10, D11, and D13.
(3) The requirements of this subdivision shall remain in effect in
the California condor range unless and until the more restrictive
nonlead prohibitions required pursuant to subdivision (b) are
(b) Except as provided in subdivision (j), and as soon as is
practicable as implemented by the commission pursuant to subdivision
(i), but by no later than July 1, 2019, nonlead ammunition, as
determined by the commission, shall be required when taking all
wildlife, including game mammals, game birds, nongame birds, and
nongame mammals, with any firearm.
(c) (1) The commission shall maintain, by regulation, a public
process to certify ammunition as nonlead ammunition, and shall
define, by regulation, nonlead ammunition as including only
ammunition in which there is no lead content, excluding the presence
of trace amounts of lead. The commission shall establish and annually
update a list of certified ammunition.
(2) The list of certified ammunition shall include, but not be
limited to, any federally approved nontoxic shotgun ammunition.
(d) (1) To the extent that funding is available, the commission
shall establish a process that will provide hunters with nonlead
ammunition at no or reduced charge. The process shall provide that
the offer for nonlead ammunition at no or reduced charge may be
redeemed through a coupon sent to a permitholder with the appropriate
permit tag. If available funding is not sufficient to provide
nonlead ammunition at no charge, the commission shall set the value
of the reduced charge coupon at the maximum value possible through
available funding, up to the average cost within this state for
nonlead ammunition, as determined by the commission.
(2) The nonlead ammunition coupon program described in paragraph
(1) shall be implemented only to the extent that sufficient funding,
as determined by the Department of Finance, is obtained from local,
federal, public, or other nonstate sources in order to implement the
(3) If the nonlead ammunition coupon program is implemented, the
commission shall issue a report on the usage and redemption rates of
ammunition coupons. The report shall cover calendar years 2008, 2009,
and 2012. Each report shall be issued by June of the following year.
(e) The commission shall issue a report on the levels of lead
found in California condors. This report shall cover calendar years
2008, 2009, and 2012. Each report shall be issued by June of the
(f) The department shall notify those hunters who may be affected
by this section.
(g) A person who violates any provision of this section is guilty
of an infraction punishable by a fine of five hundred dollars ($500).
A second or subsequent offense shall be punishable by a fine of not
less than one thousand dollars ($1,000) or more than five thousand
(h) This section does not apply to government officials or their
agents when carrying out a statutory duty required by law.
(i) The commission shall promulgate regulations by July 1, 2015,
that phase in the requirements of this section. The requirements of
this section shall be fully implemented statewide by no later than
July 1, 2019. If any of the requirements of this section can be
implemented practicably, in whole or in part, in advance of July 1,
2019, the commission shall implement those requirements. The
commission shall not reduce or eliminate any existing regulatory
restrictions on the use of lead ammunition in California condor range
unless or until the additional requirements for use of nonlead
ammunition as required by this section are implemented.
(j) (1) The prohibition in subdivision (b) shall be temporarily
suspended for a specific hunting season and caliber upon a finding by
the director that nonlead ammunition of a specific caliber is not
commercially available from any manufacturer because of federal
prohibitions relating to armor-piercing ammunition pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
(2) Notwithstanding a suspension pursuant to paragraph (1),
nonlead ammunition shall be used when taking big game mammals,
nongame birds, or nongame mammals in the California condor range, as
defined in subdivision (a).
(a) It is unlawful to take birds or mammals with any net,
pound, cage, trap, set line or wire, or poisonous substance, or to
possess birds or mammals so taken, whether taken within or without
this state, except as provided in this code or, when relating to
ongoing mining operations, in accordance with a mitigation plan
approved by the department.
(b) (1) Mitigation plans relating to mining operations approved by
the department shall, among other criteria, require avoidance of
take, where feasible, and include reasonable and practicable methods
of mitigating the unavoidable take of birds and mammals. When
approving mitigation plans, the department shall consider the use of
the best available technology on a site-specific basis.
(2) Mitigation plans relating to mining operations approved by the
department shall include provisions that address circumstances where
mining operations contribute to bird deaths, including ponding of
process solutions on heap leach pads and exposure of process solution
channels, solution ponds, and tailing ponds.
(3) The mine operator shall prepare a mitigation plan that shall
be submitted to the department for approval. For ongoing mining
operations, the mitigation plan shall result in an overall reduction
in take of avian or mammal species. The department shall provide an
opportunity for public review and comment on each mitigation plan
during the department's approval process. The mitigation plan shall
be prepared on a site-specific basis and may provide for offsite
mitigation measures designed to reduce avian mortality. The mine
operator shall submit monthly monitoring reports on avian mortality
to the department to aid in evaluating the effectiveness of onsite
(4) The department shall monitor and evaluate implementation of
the mitigation plan by the mine operator and require modification of
the plan or other remedial actions to be taken if the overall
reduction in take of avian or mammal species required pursuant to
paragraph (3) is not being achieved.
(5) The mining operator shall reimburse the department for its
direct costs to provide appropriate notice of the mitigation plan to
affected local government entities and other affected parties. The
mine operator shall provide the department a limited number of
copies, as determined by the department, of the mitigation plan for
(c) Proof of possession of any bird or mammal that does not show
evidence of having been taken by means other than a net, pound, cage,
trap, set line or wire, or poisonous substance, is prima facie
evidence that the birds or mammals were taken in violation of this
(d) This section does not apply to the lawful taking of
fur-bearing mammals, nongame birds, nongame mammals, or mammals found
to be injuring crops or property, to the taking of birds or mammals
under depredation permits, to taking by employees of the department
acting in an official capacity, or to taking in accordance with the
conditions of a scientific or propagation permit by the holder of
It is unlawful to capture any game mammal, game bird,
nongame bird, nongame mammal, or furbearer, or to possess or confine
any live game mammal, game bird, nongame bird, nongame mammal, or
furbearer taken from the wild, except as provided by this code or
regulations made pursuant thereto. Any bird or mammal possessed or
confined in violation of this section shall be seized by the
The commission may promulgate regulations permitting the temporary
confinement of game mammals, game birds, nongame birds, nongame
mammals, or furbearers for the purpose of treating the animals, if
injured or diseased.
Except as authorized under a domesticated game breeder's
license, a deer, elk, or bear kept in captivity may be killed only
with the approval of the department, and pursuant to any regulation
that the commission may adopt. The carcass of a deer, elk, or bear
kept in captivity may not be sold, and shall be disposed of as
directed by the department.
Except as provided in this code or regulations adopted
pursuant to this code, it is unlawful to take a bird or mammal
without a license or entitlement to do so.
The physical control of a dog by its owner while the dog is
engaged in hunting in an area where the owner is otherwise authorized
to hunt, shall be as required by this code or regulations made
Dogs which are used for hunting which have been vaccinated for
rabies in their county of residence in conformity with state law
regulating vaccinations in rabies areas are not subject to rabies
vaccination requirements of local ordinances outside their county of
Every person who while taking any bird or mammal kills or
injures another person by the use of any firearm, bow and arrow,
spear, slingshot, or other weapon or device used in such taking and
who knowingly either abandons such person or fails to render to such
injured person all necessary aid possible under the circumstances is
guilty of a felony.
It is unlawful for any person to take any pheasant within 300
yards of any vehicle from which pheasants are being released into an
area for hunting while such pheasants are being released.
No person, including employees of the state, federal or
county government, shall take bear with iron or steel-jawed or any
type of metal-jawed traps, and no provision of this code or any other
law shall be construed to authorize, or to permit the authorizing
of, the use of iron or steel-jawed or any type of metal-jawed traps
to take bear.
It is unlawful to use any recorded or electrically amplified
bird or mammal calls or sounds, or recorded or electrically amplified
imitations of bird or mammal calls or sounds, to assist in taking
any bird or mammal, except nongame birds and nongame mammals as
permitted by regulations of the commission.