Code Section

3960.  

(a) As used in this section:

(1) “Pursue” means pursue, run, or chase.

(2) “Bear” means any black bear (Ursus americanus) found in the wild in this state.

(b) It is unlawful to permit or allow any dog to pursue any big game mammal during the closed season on that mammal, to pursue any fully protected, rare, or endangered mammal at any time, to pursue any bear or bobcat at any time, or to pursue any mammal in a game refuge or ecological reserve if hunting within that refuge or ecological reserve is unlawful.

(c) The department may take any of the following actions:

(1) Capture any dog not under the reasonable control of its owner or handler, when that uncontrolled dog is pursuing, in violation of this section, any of the following mammals:

(A) A big game mammal.

(B) A bear or bobcat.

(C) A fully protected, rare, or endangered mammal.

(2) Capture or dispatch any dog inflicting injury or immediately threatening to inflict injury to any of the following mammals, under the specified conditions:

(A) A big game mammal, during the closed season on that mammal.

(B) A bear or bobcat, at any time.

(C) A fully protected, rare, or endangered mammal, at any time.

(D) A mammal in a game refuge or ecological reserve, if hunting within that refuge or ecological reserve is unlawful.

(d) No criminal or civil liability shall accrue to any department employee as a result of enforcement of this section.

(e) This section does not apply to the use of dogs to pursue bears or bobcats by federal, state, or local law enforcement officers, or their agents or employees, when carrying out official duties as required by law.

(f) If a dog captured or dispatched pursuant to this section has identification, its owner shall be notified within 72 hours after capture or dispatch.