Section 4181 Of Article 2. Depredators From California Fish And Game Code >> Division 4. >> Part 3. >> Chapter 3. >> Article 2.
4181
. (a) Except as provided in Section 4181.1, any owner or tenant
of land or property that is being damaged or destroyed or is in
danger of being damaged or destroyed by elk, bear, beaver, wild pig,
wild turkeys, or gray squirrels, may apply to the department for a
permit to kill the animals. Subject to the limitations in
subdivisions (b) and (d), the department, upon satisfactory evidence
of the damage or destruction, actual or immediately threatened, shall
issue a revocable permit for the taking and disposition of the
animals under regulations adopted by the commission. The permit shall
include a statement of the penalties that may be imposed for a
violation of the permit conditions. Animals so taken shall not be
sold or shipped from the premises on which they are taken except
under instructions from the department. No iron-jawed or steel-jawed
or any type of metal-jawed trap shall be used to take any bear
pursuant to this section. No poison of any type may be used to take
any gray squirrel or wild turkey pursuant to this section. The
department shall designate the type of trap to be used to ensure the
most humane method is used to trap gray squirrels. The department may
require trapped squirrels to be released in parks or other
nonagricultural areas. It is unlawful for any person to violate the
terms of any permit issued under this section.
(b) The permit issued for taking bears pursuant to subdivision (a)
shall contain the following facts:
(1) Why the issuance of the permit was necessary.
(2) What efforts were made to solve the problem without killing
the bears.
(3) What corrective actions should be implemented to prevent
reoccurrence.
(c) With respect to wild pigs, the department shall provide an
applicant for a depredation permit to take wild pigs or a person who
reports taking wild pigs pursuant to subdivision (b) of Section
4181.1 with written information that sets forth available options for
wild pig control, including, but not limited to, depredation
permits, allowing periodic access to licensed hunters, and holding
special hunts authorized pursuant to Section 4188. The department may
maintain and make available to these persons lists of licensed
hunters interested in wild pig hunting and lists of nonprofit
organizations that are available to take possession of depredating
wild pig carcasses.
(d) With respect to elk, the following procedures shall apply:
(1) Prior to issuing a depredation permit pursuant to subdivision
(a), the department shall do all of the following:
(A) Verify the actual or immediately threatened damage or
destruction.
(B) Provide a written summary of corrective measures necessary to
immediately alleviate the problem.
(C) Determine the viability of the local herd, and determine the
minimum population level needed to maintain the herd.
(D) Ensure the permit will not reduce the local herd below the
minimum.
(E) Work with affected landowners to develop measures to achieve
long-term resolution, while maintaining viability of the herd.
(2) After completing the statewide elk management plan pursuant to
Section 3952, the department shall use the information and methods
contained in the plan to meet the requirements of subparagraphs (C),
(D), and (E) of paragraph (1).