Article 1. Trapping Provisions of California Fish And Game Code >> Division 4. >> Part 3. >> Chapter 2. >> Article 1.
The following are fur-bearing mammals: pine marten, fisher,
mink, river otter, gray fox, red fox, kit fox, raccoon, beaver,
badger, and muskrat.
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.
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.
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) Use a body-gripping trap, as defined in subdivision (a) of
Section 3003.1, for the purpose of recreation or commerce in fur.
(c) Set or maintain traps that do not 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,
except that traps set pursuant to Section 4152 or 4180 shall bear an
identifying mark in a manner specified by the department. No
registration fee shall be charged pursuant to this subdivision.
(d) 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
or the owner of the land where the trap is set or an agent of either.
(e) Use a conibear trap that is larger than 6 inches by 6 inches,
unless partially or wholly submerged in water. Unless prohibited by
the department as a permit condition, 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.
(f) When any conibear trap is set on publicly owned land or land
expressly open to public use, fail to post signs at every entrance
and exit to the property indicating the presence of conibear traps
and at least four additional signs posted within a radius of 50 feet
of the 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 shall be maintained and checked daily.
(g) 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 shall not be construed to
prohibit the use of lawfully set conibear traps set partially or
wholly submerged in water for beaver or muskrat or the use of
lawfully set colony traps set in water for muskrat.
(a) Except as otherwise provided in this section, every
person, other than a fur dealer, who traps fur-bearing mammals or
nongame mammals, designated by the commission or who sells raw furs
of those mammals, shall procure a trapping license. "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. No person shall be issued a license until he or she has
passed a test of his or her 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.
(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.
A trapping license authorizes the person to whom it is issued
to take, during the open season, fur-bearing mammals and nongame
mammals for a term of one year from July 1st, or if issued after the
beginning of such term, for the remainder thereof and to sell the raw
fur of any such animal.
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 he 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 and the
names and addresses of the persons to whom they were shipped or sold.
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.
The commission may adopt such regulations as it determines
to be necessary to regulate the taking and sale of fur-bearing
mammals or nongame mammals taken under a trapping license.
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.
(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.
It is unlawful to take any red fox for profitmaking purposes.