Article 1. Nongame Mammals of California Fish And Game Code >> Division 4. >> Part 3. >> Chapter 3. >> Article 1.
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.
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.
(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.
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.
The department may take any mammal which, in its opinion, is
unduly preying upon any bird, mammal, or fish.
The department may enter into cooperative contracts with the
United States Fish and Wildlife Service in the Department of the
Interior in relation to the control of nongame mammals and for that
purpose may expend any money made available to the department for
expenditure for control or eradication of nongame mammals.
(a) Beginning January 1, 2014, it shall be unlawful to trap a
bobcat, or attempt to do so, or to sell or export a bobcat taken in
the area surrounding Joshua Tree National Park, defined as follows:
East and South of State Highway 62 from the intersection of
Interstate 10 to the intersection of State Highway 177; West of State
Highway 177 from the intersection of State Highway 62 to the
intersection with Interstate 10; North of Interstate 10 from State
Highway 177 to State Highway 62.
(b) (1) Through the commission's next regularly scheduled mammal
hunting and trapping rulemaking process occurring after January 1,
2014, the commission shall amend its regulations to prohibit the
trapping of bobcats adjacent to the boundaries of each national or
state park and national monument or wildlife refuge in which bobcat
trapping is prohibited.
(2) Commencing January 1, 2016, the commission shall consider
whether to prohibit bobcat trapping within, and adjacent to,
preserves, state conservancies, and any additional public or private
conservation areas identified to the commission by the public as
warranting protection. The commission, as necessary, shall amend its
regulations through its next subsequently scheduled mammal hunting
and trapping rulemaking process to prohibit bobcat trapping in any
area determined by the commission to warrant protection.
(3) The commission shall delineate the boundaries of an area in
which bobcat trapping is prohibited pursuant to paragraph (1) or (2)
using readily identifiable features, such as highways or other major
roads, such as those delineated for Joshua Tree National Park in
subdivision (a).
(c) The prohibition on the trapping of bobcats in the areas
designated pursuant to subdivisions (a) and (b) shall not apply to
the taking of a bobcat by an employee of the department acting in an
official capacity, to a taking in accordance with the conditions of a
scientific, educational, or propagation permit pursuant to Section
1002 by the holder of that permit, or to the lawful taking of a
bobcat found to be injuring crops or other property, pursuant to
Section 4152, another provision of this code, or a regulation adopted
pursuant to this code.
(d) Notwithstanding Section 2016 or any other provision of this
code, on and after January 1, 2014, it shall be unlawful to trap a
bobcat, or attempt to do so, on private land not belonging to the
trapper without the express written consent of the owner of that
property. The placing or possession of a trap or the possession of a
bobcat on land is prima facie evidence of a violation of this
subdivision.
(e) Consistent with the requirements of subdivision (c) of Section
4006, the commission shall set trapping license fees and associated
fees, including, but not limited to, shipping tags required pursuant
to Section 479 of Chapter 6 of Subdivision 2 of Division 1 of Title
14 of the California Code of Regulations, for the 2014-15 season, and
any subsequent seasons in which bobcat trapping is allowed, at the
levels necessary to fully recover all reasonable administrative and
implementation costs of the department and the commission associated
with the trapping of bobcats in the state, including, but not limited
to, enforcement costs.
(f) This section does not limit the ability of the department or
the commission to impose additional requirements, restrictions, or
prohibitions related to the taking of bobcats, including a complete
prohibition on the trapping of bobcats pursuant to this code.