Code Section

Fish and Game Code - FGC

DIVISION 4. BIRDS AND MAMMALS [3000 - 4903]

  ( Division 4 enacted by Stats. 1957, Ch. 456. )
  

PART 3. MAMMALS [3950 - 4903]

  ( Part 3 enacted by Stats. 1957, Ch. 456. )
  

CHAPTER 2. Fur-Bearing Mammals [4000 - 4012]

  ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. )
  

ARTICLE 1. Trapping Provisions [4000 - 4012]
  ( Heading of Article 1 added by Stats. 1979, Ch. 701. )

  
4004.  

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) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(Amended by Stats. 2019, Ch. 216, Sec. 6. (AB 273) Effective January 1, 2020.)