Code Section Group

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 3. Nongame Mammals and Depredators [4150 - 4190]

  ( Heading of Chapter 3 amended by Stats. 1971, Ch. 1470. )

ARTICLE 1. Nongame Mammals [4150 - 4158]
  ( Heading of Article 1 amended by Stats. 1971, Ch. 1470. )

4150.
  

(a) 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.

(b) Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any nongame mammal for purposes of recreation or commerce in fur. The raw fur of a nongame mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code shall not be sold. For purposes of this subdivision, “raw fur” has the same meaning as defined in Section 4005.

(Amended by Stats. 2019, Ch. 216, Sec. 12. (AB 273) Effective January 1, 2020.)

4151.
  

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.

(Amended by Stats. 1971, Ch. 1470.)

4152.
  

(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.

(c) This section does not apply to bobcats.

(Amended by Stats. 2019, Ch. 766, Sec. 1. (AB 1254) Effective January 1, 2020.)

4153.
  

(a) 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.

(b) The department may take any mammal that, in its opinion, is unduly preying upon any bird, mammal, or fish.

(c) This section does not apply to bobcats.

(Amended by Stats. 2019, Ch. 766, Sec. 2. (AB 1254) Effective January 1, 2020.)

4154.
  

(a) 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 the control or eradication of nongame mammals.

(b) This section does not apply to bobcats.

(Amended by Stats. 2019, Ch. 766, Sec. 3. (AB 1254) Effective January 1, 2020.)

4155.
  

(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.

(Amended by Stats. 2015, Ch. 154, Sec. 73. (AB 1527) Effective January 1, 2016.)

4156.
  

(a) Except as provided in Section 4157 and notwithstanding any other law, it is unlawful for a person to hunt, trap, or otherwise take a bobcat.

(b) The prohibitions of this section shall not apply to any of the following:

(1) The take of a bobcat by a law enforcement officer or licensed veterinarian acting in the course and scope of official duty.

(2) The take of a bobcat based on a good faith belief that the take was necessary to protect a person from immediate bodily harm from the bobcat if both of the following conditions are met:

(A) The person who committed the take notifies the department within five days after the take.

(B) A bobcat or part of the bobcat taken pursuant to this subdivision is not retained, sold, or removed from the site of the take without the authorization from the department.

(3) The take of a bobcat pursuant to Section 3960.2, 3960.6, or 4181.

(4) The take of a bobcat pursuant to Section 1002 or 3960.4.

(5) The take of a bobcat pursuant to Chapter 2 (commencing with Section 2116) of Division 3.

(6) The take of a bobcat by the department for the protection of a species listed as endangered or threatened under the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3).

(Added by Stats. 2019, Ch. 766, Sec. 4. (AB 1254) Effective January 1, 2020.)

4157.
  

(a) Upon appropriation of funds by the Legislature for purposes of this section, commencing January 1, 2025, the commission may open a bobcat hunting season in any area determined by the commission to require a hunt.

(b) Before opening a bobcat hunting season in any area, the commission shall do all of the following:

(1) Consider the potential impacts of a bobcat hunting season, including the effects on all of the following:

(A) Bobcat populations.

(B) Bobcats’ wild prey.

(C) Disease abatement, including, but not limited to, hantavirus.

(D) The control of invasive species, especially nutria.

(2) Require the implementation of effective nonlethal management strategies to address public safety and livestock conflicts related to bobcats.

(3) Adopt the bobcat management plan developed by the department pursuant to Section 4158.

(4) Consider state residents’ values with regard to the trophy hunting of bobcats.

(5) Assess the costs to the department and the commission associated with bobcat hunting, including the administrative, implementation, and enforcement costs.

(c) Consistent with the requirements of Section 3031 and pursuant to Sections 713 and 1050, the commission shall set hunting license fees and associated fees for any subsequent seasons in which bobcat hunting is allowed, at the levels necessary to fully recover all the reasonable administrative and implementation costs of the department and the commission associated with the hunting of bobcats in the state.

(d) This section does not limit the ability of the department or the commission to impose additional requirements, restrictions, or prohibitions related to the take of bobcats.

(Added by Stats. 2019, Ch. 766, Sec. 5. (AB 1254) Effective January 1, 2020.)

4158.
  

(a) Before opening a bobcat hunting season pursuant to Section 4157, the department, in consultation with other relevant state agencies, local governments, federal agencies, nongovernmental organizations, landowners, and scientific entities, shall develop, upon appropriation by the Legislature, a bobcat management plan to inform and coordinate management decisions regarding bobcat populations. The bobcat management plan shall use credible science and utilize an ecosystem-based approach. The bobcat management plan shall be submitted by the department to the commission and the Legislature and shall include all of the following:

(1) A current statewide bobcat population estimate based on the best available science.

(2) An assessment of the overall health of the statewide bobcat population.

(3) A comprehensive strategy to manage bobcat populations and their habitat throughout the state, including, but not limited to, an assessment of the effects of climate change, such as from drought and wildfires; rodenticides; and human development on the state’s bobcats, the bobcats’ prey, and the bobcats’ habitats. The comprehensive strategy shall utilize the principles of adaptative management and incorporate recommendations for monitoring.

(4) An investigation of efficacious nonlethal solutions to prevent bobcat predation on livestock, primarily chickens or other domestic animals that the Department of Food and Agriculture deems needing widespread protections from bobcats.

(5) Recommendations for regulatory or statutory changes necessary to implement the bobcat management plan.

(b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(Added by Stats. 2019, Ch. 766, Sec. 6. (AB 1254) Effective January 1, 2020.)

FGCFish and Game Code - FGC1.