Section 4181.1 Of Article 2. Depredators From California Fish And Game Code >> Division 4. >> Part 3. >> Chapter 3. >> Article 2.
4181.1
. (a) Any bear that is encountered while in the act of
inflicting injury to, molesting, or killing, livestock may be taken
immediately by the owner of the livestock or the owner's employee if
the taking is reported no later than the next working day to the
department and the carcass is made available to the department.
(b) Notwithstanding Section 4652, any wild pig that is encountered
while in the act of inflicting injury to, molesting, pursuing,
worrying, or killing livestock or damaging or destroying, or
threatening to immediately damage or destroy, land or other property,
including, but not limited to, rare, threatened, or endangered
native plants, wildlife, or aquatic species, may be taken immediately
by the owner of the livestock, land, or property or the owner's
agent or employee, or by an agent or employee of any federal, state,
county, or city entity when acting in his or her official capacity.
The person taking the wild pig shall report the taking no later than
the next working day to the department and shall make the carcass
available to the department. Unless otherwise directed by the
department and notwithstanding Section 4657, the person taking a wild
pig pursuant to this subdivision, or to whom the carcass of a wild
pig taken pursuant to this subdivision is transferred pursuant to
subdivision (c), may possess the carcass of the wild pig. The person
in possession of the carcass shall make use of the carcass, which may
include an arrangement for the transfer of the carcass to another
person or entity, such as a nonprofit organization, without
compensation. The person who arranges this transfer shall be deemed
to be in compliance with Section 4304. A violation of this
subdivision is punishable pursuant to Section 12000. It is the intent
of the Legislature that nothing in this subdivision shall be
interpreted to authorize a person to take wild pigs pursuant to this
subdivision in violation of a state statute or regulation or a local
zoning or other ordinance that is adopted pursuant to other
provisions of law and that restricts the discharge of firearms.
(c) The department shall make a record of each report made
pursuant to subdivision (a) or (b) and may have an employee of the
department investigate the taking or cause the taking to be
investigated. The person taking a wild pig shall provide information
as deemed necessary by the department. Upon completion of the
investigation, the investigator may, upon a finding that the
requirements of this section have been met with respect to the
particular bear or wild pig taken under subdivision (a) or (b), issue
a written statement to the person confirming that the requirements
of this section have been met. The person who took the wild pig may
transfer the carcass to another person without compensation.
(d) Notwithstanding Section 4763, any part of any bear lawfully
possessed pursuant to this section is subject to Section 4758.
(e) Nothing in this section prohibits federal, state, or county
trappers from killing or trapping bears when the bears are killing or
molesting livestock, but no iron-jawed or steel-jawed or any type of
metal-jawed trap shall be used to take the bear, and no person,
including employees of the state, federal, or county government,
shall take bear with iron-jawed or steel-jawed or any type of
metal-jawed traps.