Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Application. A person who is a property
owner or tenant may apply to the department for a permit to take elk, bear,
bobcat, beaver, wild pigs, deer, wild turkeys, or gray squirrels that are
damaging or destroying, or immediately threatening to damage or destroy, land
or property. A bobcat in the act of injuring or killing livestock may be taken
immediately provided the property owner or tenant applies for a permit from the
department the next working day following the take.
(b) Permit Period.
(1) Permits issued pursuant to this section
for beaver, wild pigs, or gray squirrels shall be valid for a period not to
exceed one year.
(2) Permits issued
pursuant to this section for bobcat, elk, bear, wild turkey, or deer shall be
valid for a period not to exceed 60 consecutive days.
(3) Permits issued pursuant to this section
authorizing the use of dogs for bear or bobcat shall authorize no more than
three dogs and shall be valid for a period not to exceed 20 consecutive
days.
(4) Permits may be renewed if
damage or threatened damage to land or property continues to
exist.
(c) Required
Information and Conditions of Permit.
(1) The
department shall collect the following information before issuing a depredation
permit:
(A) The name, mailing address, and
contact information of the property owner, including telephone, facsimile, and
email. If the owner is a business entity, contact information for the person
acting on behalf of the business.
(B) The name, mailing address, and contact
information of the tenant (if applicable), including telephone, facsimile, and
email.
(C) The name, mailing
address, and contact information of any dog handlers or agents as described in
subdivision (e), including telephone, facsimile, and email.
(D) The county and address of the location of
the damage caused by depredation, or the nearest landmark or cross
streets.
(E) A full description of
the land or property damaged, destroyed, or immediately threatened, and the
date the damage or threat occurred.
(F) The species suspected of damaging,
destroying, or threatening land or property, and the method of identifying the
species.
(G) A description of all
non-lethal or less-lethal measures undertaken to prevent damage caused by
animals prior to requesting the permit.
(H) A description of corrective actions that
will be implemented to prevent future occurrence of the damage.
(I) The proposed method of take.
(J) Whether dogs will be used to pursue or
take the animal, and if so, why dogs are needed, and the number of dogs to be
used.
(2) The department
may add terms and conditions to the permit necessary to protect wildlife and
ensure public safety. To be valid, the permit shall contain a statement signed
by the applicant that he/she has read, understands, and agrees to be bound by
all the terms of the permit.
(d) Methods of Take.
(1) Animals taken pursuant to a permit may be
taken in any legal manner except as herein provided and in accordance with the
provisions of Section
465.5 of these regulations.
Permits to take deer shall include conditions that comply with Fish and Game
Code section
4181.5.
Permits to take bear and bobcat with dogs shall include conditions that comply
with Fish and Game Code Section
3960.2.
No steel-jawed leghold traps may be used to take mammals, and no iron-jawed or
any type of metal-jawed traps may be used to take squirrels or bears. No poison
may be used. The department may specify the caliber and type of firearm and
ammunition, archery equipment or crossbow to be used. The department may
require that a permittee take animals alive by the use of live traps.
(2) The permittee and/or agent shall ensure
that all animals are killed in a humane manner instantly and prevent any
injured animal from escaping.
(e) Government Employees and Designated
Agents.
(1) An employee of a federal, State,
or local government agency or local district with responsibilities including
but not limited to animal control, animal damage control, irrigation, flood, or
natural resource reclamation, while acting in his/her official capacity may
take depredating animals on the property designated in a permit issued pursuant
to this section.
(2) The permittee
may designate up to three other persons, including any dog handler who will be
utilized in any pursuit, as his/her agents to take animals under the terms of
the permit. A designated agent shall be any person who is acting under the
direction and control of the permittee and who is 21 years of age or older. The
designated agent(s) shall be named on the permit. The permittee may substitute
designated agents with prior written approval of the
department.
(f) Persons
Prohibited from Taking Animals. No person shall take animals pursuant to the
permit if he/she has been convicted of a violation related to the take or
possession of game or furbearing mammals in the past 24 months or if he/she is
on probation and may not hunt or possess a firearm as part of the terms of
probation. A landowner who is on probation and may not hunt or possess a
firearm as part of the terms of probation shall designate a qualified agent to
take animals under a permit.
(g)
Reports Required.
(1) Holders of permits
authorizing take of wild pigs shall provide a report listing the date and sex
of each wild pig taken. A report shall be submitted whether or not any animals
were taken. The reporting period shall be by calendar month. The permittee or
designated agent shall complete and submit the report to the department on or
before the 15th day of the following month. Reports shall be submitted to the
address provided by the department.
(2) Holders of permits authorizing the use of
dogs to take bear or bobcat shall comply with the requirements of Fish &
Game Code section
3960.2 and shall submit a report
to the department within 30 days of permit issuance. Reports shall be submitted
to the address provided by the department. Reports shall include the following
information:
(A) Date of kill and the sex of
any bear or bobcat that was killed.
(B) Details regarding all pursuits, including
any information about a pursued bear or bobcat, even if the animal was not
killed.
(C) An explanation of why
any pursued bear or bobcat was not killed, and whether such bear or bobcat was
harmed.
(h)
Tagging Animals. All animals taken pursuant to a permit, except wild pigs,
shall be immediately tagged with tags provided by the department. Wild pigs
shall be tagged prior to being transported from the property designated in the
permit. Tags for animals except wild pigs shall be completed at the time the
animal is taken. Tags for wild pigs shall be completed before the wild pigs are
removed from the property. Tags shall clearly show the permittee's name,
address, date and location the animal was taken and shall include the signature
of the person taking the animal. The report portion of each tag shall be mailed
to the department without delay. No tags are required for squirrels or
beavers.
(i) Utilization of
Carcass. Animals taken pursuant to this permit must be disposed of as required
in the permit. No animals, except wild pigs, may be utilized by the permittee
or designated agent. The permittee or designated agent may leave the carcass of
any wild pig where it was taken for reasons of high air temperatures, disease,
parasites, or conditions which preclude use of the carcass. A person who makes
every reasonable attempt to utilize the carcass of any wild pig as required in
this subsection shall be deemed to be in compliance with Section
4304 of
the Fish and Game Code.
(1) After any taking
of bear, the permittee or agent shall comply with Section
367.5 of these regulations, except
the skull shall not be returned to the permittee or agent.
(j) Suspension and Revocation of Permits.
(1) Permits may be suspended temporarily by
the director for a breach or violation of the permit by the holders thereof,
their agents, servants, employees or any person acting under their direction
and control. The commission shall be notified of any such suspension and
subsequently may revoke or reinstate the permit, or fix the period of its
suspension, after written notice to the permittee and the permittee has been
afforded an opportunity to be heard.
(2) Any person who has had his/her permit
revoked or suspended by the commission shall be required, upon application for
a new or subsequent permit, to appear before the commission and demonstrate to
its satisfaction that the use of such a permit will be consistent with
depredation control, with these regulations, and with the laws under which they
are promulgated.
(k) It
is unlawful for a permittee or agent to violate any of the terms or conditions
of a permit issued pursuant to this section.
(l) The permit does not invalidate any city,
county, or state firearm regulation.
1. New
subsection (p) filed 6-17-83; designated effective tenth day thereafter
(Register 83, No. 25).
2. Amendment of subsections (a) and (f) filed
8-17-87; operative 8-17-87 (Register 87, No. 34).
3. Change without
regulatory effect amending subsection (a) filed 3-28-96 pursuant to section
100, title 1, California Code of
Regulations (Register 96, No. 13).
4. Repealer of subsections
(p)-(p)6. and new subsections (p)-(p)(5) and amendment of NOTE filed 5-1-97;
operative 5-1-97 pursuant to Government Code section
11343.4(d)
(Register 97, No. 18).
5. Amendment of subsections (a), (f), (l) and
(p)(1) and amendment of NOTE filed 6-2-99; operative 6-2-99 pursuant to Fish
and Game Code sections
202 and
215
(Register 99, No. 23).
6. Amendment of subsections (e)-(f) and
(p)(1)(B)-(p)(4), new subsections (p)(5)-(6) and subsection renumbering filed
5-21-2001; operative 6-1-2001 pursuant to Fish and Game Code sections
202 and
215
(Register 2001, No. 21).
7. Repealer and new section filed
6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections
202 and
215
(Register 2002, No. 26).
8. Amendment of subsections (a)-(c) and
(d)(1), repealer of subsection (d)(2), subsection renumbering and amendment of
newly designated subsection (d)(2) and subsections (g) and (h) filed 5-23-2006;
operative 5-23-2006 pursuant to Government Code section
11343.4
(Register 2006, No. 21).
9. Editorial correction of subsection
(d)(2) (Register 2006, No. 28).
10. Amendment of section and NOTE
filed 10-2-2013; operative 11-1-2013 pursuant to Government Code section
11343.4(b)(4)(A)
(Register 2013, No. 40).
11. Change without regulatory effect
amending NOTE filed 8-8-2019 pursuant to section
100, title 1, California Code of
Regulations (Register 2019, No. 32).
Note: Authority cited: Sections
200,
265,
1050,
3960.2,
4150,
4181
and
4181.5,
Fish and Game Code. Reference: Sections
3003.1,
3960,
3960.2,
4150,
4152,
4181
and
4181.5,
Fish and Game Code.
