3000. It is unlawful to take any bird or mammal, except a nongame
mammal, between one-half hour after sunset and one-half hour before
sunrise of the following day at the place of taking, except as
otherwise provided in this code or under such regulations as the
commission may adopt. The commission may adopt regulations
prohibiting the taking of any nongame mammal between one-half hour
after sunset and one-half hour before sunrise of the following day at
the place of taking.
3001. It is unlawful to take birds or mammals with firearms, BB
devices as defined in subdivision (g) of Section 12001 of the Penal
Code, crossbows, or with bow and arrow when intoxicated.
3001. It is unlawful to take birds or mammals with firearms, BB
devices as defined in Section 16250 of the Penal Code, crossbows, or
with bow and arrow when intoxicated.
3002. It is unlawful to shoot at any game bird or mammal, including
a marine mammal as defined in Section 4500, from a powerboat,
sailboat, motor vehicle, or airplane.
3003. (a) It is unlawful for any person to shoot, shoot at, or kill
any bird or mammal with any gun or other device accessed via an
Internet connection in this state.
(b) It is further unlawful for any person, firm, corporation,
partnership, limited liability company, association, or other
business entity to do either of the following:
(1) Own or operate a shooting range, site, or gallery located in
the state for purposes of the online shooting or spearing of any bird
or mammal.
(2) Create, maintain, or utilize an Internet Web site, or a
service or business via any other means, from any location within the
state for purposes of the online shooting or spearing of any bird or
mammal for the purposes of this section.
(c) It is unlawful to possess or confine any bird or mammal in
furtherance of an activity prohibited by this section.
(d) It is unlawful for any person in this state to import into, or
export from, this state any bird or mammal, or any part thereof,
that is killed by any device accessed via an Internet connection.
(e) Any bird or mammal, or any part thereof, that is possessed in
violation of this section shall be subject to seizure by the
department.
(f) For the purposes of this section, "online shooting or spearing"
means the use of a computer or any other device, equipment,
software, or technology, to remotely control the aiming and discharge
of any weapon, including, but not limited to, any firearm, bow and
arrow, spear, slingshot, harpoon, or any other projectile device.
3003.1. Notwithstanding Sections 1001, 1002, 4002, 4004, 4007,
4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a) It is unlawful for any person to trap for the purposes of
recreation or commerce in fur any fur-bearing mammal or nongame
mammal with any body-gripping trap. A body-gripping trap is one that
grips the mammal's body or body part, including, but not limited to,
steel-jawed leghold traps, padded-jaw leghold traps, conibear traps,
and snares. Cage and box traps, nets, suitcase-type live beaver
traps, and common rat and mouse traps shall not be considered
body-gripping traps.
(b) It is unlawful for any person to buy, sell, barter, or
otherwise exchange for profit, or to offer to buy, sell, barter, or
otherwise exchange for profit, the raw fur, as defined by Section
4005, of any fur-bearing mammal or nongame mammal that was trapped in
this state, with a body-gripping trap as described in subdivision
(a).
(c) It is unlawful for any person, including an employee of the
federal, state, county, or municipal government, to use or authorize
the use of any steel-jawed leghold trap, padded or otherwise, to
capture any game mammal, fur-bearing mammal, nongame mammal,
protected mammal, or any dog or cat. The prohibition in this
subdivision does not apply to federal, state, county, or municipal
government employees or their duly authorized agents in the
extraordinary case where the otherwise prohibited padded-jaw leghold
trap is the only method available to protect human health or safety.
(d) For purposes of this section, fur-bearing mammals, game
mammals, nongame mammals, and protected mammals are those mammals so
defined by statute on January 1, 1997.
3003.2. Notwithstanding Sections 4003, 4152, 4180, or 4180.1 of
this code or Section 14063 of the Food and Agricultural Code, no
person, including an employee of the federal, state, county, or
municipal government, may poison or attempt to poison any animal by
using sodium fluoroacetate, also known as Compound 1080, or sodium
cyanide.
3003.5. It is unlawful to pursue, drive, or herd any bird or mammal
with any motorized water, land, or air vehicle, including, but not
limited to, a motor vehicle, airplane, powerboat, or snowmobile,
except in any of the following circumstances:
(a) On private property by the landowner or tenant thereof to haze
birds or mammals for the purpose of preventing damage by that
wildlife to private property.
(b) Pursuant to a permit from the department issued under
regulations as the commission may prescribe.
(c) In the pursuit of agriculture.
3004. (a) It is unlawful for any person, other than the owner,
person in possession of the premises, or a person having the express
permission of the owner or person in possession of the premises, to
hunt or to discharge while hunting, any firearm or other deadly
weapon within 150 yards of any occupied dwelling house, residence, or
other building or any barn or other outbuilding used in connection
therewith. The 150-yard area is a "safety zone."
(b) It is unlawful for any person to intentionally discharge any
firearm or release any arrow or crossbow bolt over or across any
public road or other established way open to the public in an unsafe
and reckless manner.
3004.5. (a) Nonlead centerfire rifle and pistol ammunition, as
determined by the commission, shall be required when taking big game
with rifle or pistol, as defined by Section 350 of the department's
mammal hunting regulations, and when taking coyote, within the
department's deer hunting zone A South, but excluding Santa Cruz,
Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas
west of Highway 101 within Santa Clara County, and areas between
Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno,
Kings, Tulare, and Kern Counties, and within deer hunting zones D7,
D8, D9, D10, D11, and D13.
(b) By July 1, 2008, the commission shall establish, by
regulation, a public process to certify centerfire rifle and pistol
ammunition as nonlead ammunition, and shall define, by regulation,
nonlead ammunition as including only centerfire rifle and pistol
ammunition in which there is no lead content. The commission shall
establish and annually update a list of certified centerfire rifle
and pistol ammunition.
(c) (1) To the extent that funding is available, the commission
shall establish a process that will provide hunters within the
department's deer hunting zone A South, but excluding Santa Cruz,
Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas
west of Highway 101 within Santa Clara County, and areas between
Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno,
Kings, Tulare, and Kern Counties, and within deer hunting zones D7,
D8, D9, D10, D11, and D13 with nonlead ammunition at no or reduced
charge. The process shall provide that the offer for nonlead
ammunition at no or reduced charge may be redeemed through a coupon
sent to a permitholder with the appropriate permit tag. If available
funding is not sufficient to provide nonlead ammunition at no charge,
the commission shall set the value of the reduced charge coupon at
the maximum value possible through available funding, up to the
average cost within this state for nonlead ammunition, as determined
by the commission.
(2) The nonlead ammunition coupon program described in paragraph
(1) shall be implemented only to the extent that sufficient funding,
as determined by the Department of Finance, is obtained from local,
federal, public, or other nonstate sources in order to implement the
program.
(3) If the nonlead ammunition coupon program is implemented, the
commission shall issue a report on the usage and redemption rates of
ammunition coupons. The report shall cover calendar years 2008, 2009,
and 2012. Each report shall be issued by June of the following year.
(d) The commission shall issue a report on the levels of lead
found in California condors. This report shall cover calendar years
2008, 2009, and 2012. Each report shall be issued by June of the
following year.
(e) The department shall notify those hunters who may be affected
by this section.
(f) A person who violates any provision of this section is guilty
of an infraction punishable by a fine of five hundred dollars ($500).
A second or subsequent offense shall be punishable by a fine of not
less than one thousand dollars ($1,000) or more than five thousand
dollars ($5,000).
3005. (a) It is unlawful to take birds or mammals with any net,
pound, cage, trap, set line or wire, or poisonous substance, or to
possess birds or mammals so taken, whether taken within or without
this state, except as provided in this code or, when relating to
ongoing mining operations, in accordance with a mitigation plan
approved by the department.
(b) (1) Mitigation plans relating to mining operations approved by
the department shall, among other criteria, require avoidance of
take, where feasible, and include reasonable and practicable methods
of mitigating the unavoidable take of birds and mammals. When
approving mitigation plans, the department shall consider the use of
the best available technology on a site-specific basis.
(2) Mitigation plans relating to mining operations approved by the
department shall include provisions that address circumstances where
mining operations contribute to bird deaths, including ponding of
process solutions on heap leach pads and exposure of process solution
channels, solution ponds, and tailing ponds.
(3) The mine operator shall prepare a mitigation plan that shall
be submitted to the department for approval. For ongoing mining
operations, the mitigation plan shall result in an overall reduction
in take of avian or mammal species. The department shall provide an
opportunity for public review and comment on each mitigation plan
during the department's approval process. The mitigation plan shall
be prepared on a site-specific basis and may provide for offsite
mitigation measures designed to reduce avian mortality. The mine
operator shall submit monthly monitoring reports on avian mortality
to the department to aid in evaluating the effectiveness of onsite
mitigation measures.
(4) The department shall monitor and evaluate implementation of
the mitigation plan by the mine operator and require modification of
the plan or other remedial actions to be taken if the overall
reduction in take of avian or mammal species required pursuant to
paragraph (3) is not being achieved.
(5) The mining operator shall reimburse the department for its
direct costs to provide appropriate notice of the mitigation plan to
affected local government entities and other affected parties. The
mine operator shall provide the department a limited number of
copies, as determined by the department, of the mitigation plan for
public review.
(c) Proof of possession of any bird or mammal that does not show
evidence of having been taken by means other than a net, pound, cage,
trap, set line or wire, or poisonous substance, is prima facie
evidence that the birds or mammals were taken in violation of this
section.
(d) This section does not apply to the lawful taking of
fur-bearing mammals, nongame birds, nongame mammals, or mammals found
to be injuring crops or property, to the taking of birds or mammals
under depredation permits, to taking by employees of the department
acting in an official capacity, or to taking in accordance with the
conditions of a scientific or propagation permit by the holder of
that permit.
3005.5. It is unlawful to capture any game mammal, game bird,
nongame bird, nongame mammal, or furbearer, or to possess or confine
any live game mammal, game bird, nongame bird, nongame mammal, or
furbearer taken from the wild, except as provided by this code or
regulations made pursuant thereto. Any bird or mammal possessed or
confined in violation of this section shall be seized by the
department.
The commission may promulgate regulations permitting the temporary
confinement of game mammals, game birds, nongame birds, nongame
mammals, or furbearers for the purpose of treating the animals, if
injured or diseased.
3006. Except as authorized under a domesticated game breeder's
license, any deer, elk, or bear kept in captivity may be killed only
with the approval of the department, and under such regulations as
the commission may prescribe. The carcass, or any part thereof, of
any such mammal may not be sold, and shall be disposed of in such
manner as the department may direct.
3007. Except as provided in this code or regulations adopted
pursuant thereto, every person who takes any bird or mammal shall
procure a license or entitlement therefor.
3008. The physical control of a dog by its owner while the dog is
engaged in hunting in an area where the owner is otherwise authorized
to hunt, shall be as required by this code or regulations made
pursuant thereto.
Dogs which are used for hunting which have been vaccinated for
rabies in their county of residence in conformity with state law
regulating vaccinations in rabies areas are not subject to rabies
vaccination requirements of local ordinances outside their county of
residence.
3009. Every person who while taking any bird or mammal kills or
injures another person by the use of any firearm, bow and arrow,
spear, slingshot, or other weapon or device used in such taking and
who knowingly either abandons such person or fails to render to such
injured person all necessary aid possible under the circumstances is
guilty of a felony.
3010. It is unlawful for any person to take any pheasant within 300
yards of any vehicle from which pheasants are being released into an
area for hunting while such pheasants are being released.
3011. No person, including employees of the state, federal or
county government, shall take bear with iron or steel-jawed or any
type of metal-jawed traps, and no provision of this code or any other
law shall be construed to authorize, or to permit the authorizing
of, the use of iron or steel-jawed or any type of metal-jawed traps
to take bear.
3012. It is unlawful to use any recorded or electrically amplified
bird or mammal calls or sounds, or recorded or electrically amplified
imitations of bird or mammal calls or sounds, to assist in taking
any bird or mammal, except nongame birds and nongame mammals as
permitted by regulations of the commission.
3000. It is unlawful to take any bird or mammal, except a nongame
mammal, between one-half hour after sunset and one-half hour before
sunrise of the following day at the place of taking, except as
otherwise provided in this code or under such regulations as the
commission may adopt. The commission may adopt regulations
prohibiting the taking of any nongame mammal between one-half hour
after sunset and one-half hour before sunrise of the following day at
the place of taking.
3001. It is unlawful to take birds or mammals with firearms, BB
devices as defined in subdivision (g) of Section 12001 of the Penal
Code, crossbows, or with bow and arrow when intoxicated.
3001. It is unlawful to take birds or mammals with firearms, BB
devices as defined in Section 16250 of the Penal Code, crossbows, or
with bow and arrow when intoxicated.
3002. It is unlawful to shoot at any game bird or mammal, including
a marine mammal as defined in Section 4500, from a powerboat,
sailboat, motor vehicle, or airplane.
3003. (a) It is unlawful for any person to shoot, shoot at, or kill
any bird or mammal with any gun or other device accessed via an
Internet connection in this state.
(b) It is further unlawful for any person, firm, corporation,
partnership, limited liability company, association, or other
business entity to do either of the following:
(1) Own or operate a shooting range, site, or gallery located in
the state for purposes of the online shooting or spearing of any bird
or mammal.
(2) Create, maintain, or utilize an Internet Web site, or a
service or business via any other means, from any location within the
state for purposes of the online shooting or spearing of any bird or
mammal for the purposes of this section.
(c) It is unlawful to possess or confine any bird or mammal in
furtherance of an activity prohibited by this section.
(d) It is unlawful for any person in this state to import into, or
export from, this state any bird or mammal, or any part thereof,
that is killed by any device accessed via an Internet connection.
(e) Any bird or mammal, or any part thereof, that is possessed in
violation of this section shall be subject to seizure by the
department.
(f) For the purposes of this section, "online shooting or spearing"
means the use of a computer or any other device, equipment,
software, or technology, to remotely control the aiming and discharge
of any weapon, including, but not limited to, any firearm, bow and
arrow, spear, slingshot, harpoon, or any other projectile device.
3003.1. Notwithstanding Sections 1001, 1002, 4002, 4004, 4007,
4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a) It is unlawful for any person to trap for the purposes of
recreation or commerce in fur any fur-bearing mammal or nongame
mammal with any body-gripping trap. A body-gripping trap is one that
grips the mammal's body or body part, including, but not limited to,
steel-jawed leghold traps, padded-jaw leghold traps, conibear traps,
and snares. Cage and box traps, nets, suitcase-type live beaver
traps, and common rat and mouse traps shall not be considered
body-gripping traps.
(b) It is unlawful for any person to buy, sell, barter, or
otherwise exchange for profit, or to offer to buy, sell, barter, or
otherwise exchange for profit, the raw fur, as defined by Section
4005, of any fur-bearing mammal or nongame mammal that was trapped in
this state, with a body-gripping trap as described in subdivision
(a).
(c) It is unlawful for any person, including an employee of the
federal, state, county, or municipal government, to use or authorize
the use of any steel-jawed leghold trap, padded or otherwise, to
capture any game mammal, fur-bearing mammal, nongame mammal,
protected mammal, or any dog or cat. The prohibition in this
subdivision does not apply to federal, state, county, or municipal
government employees or their duly authorized agents in the
extraordinary case where the otherwise prohibited padded-jaw leghold
trap is the only method available to protect human health or safety.
(d) For purposes of this section, fur-bearing mammals, game
mammals, nongame mammals, and protected mammals are those mammals so
defined by statute on January 1, 1997.
3003.2. Notwithstanding Sections 4003, 4152, 4180, or 4180.1 of
this code or Section 14063 of the Food and Agricultural Code, no
person, including an employee of the federal, state, county, or
municipal government, may poison or attempt to poison any animal by
using sodium fluoroacetate, also known as Compound 1080, or sodium
cyanide.
3003.5. It is unlawful to pursue, drive, or herd any bird or mammal
with any motorized water, land, or air vehicle, including, but not
limited to, a motor vehicle, airplane, powerboat, or snowmobile,
except in any of the following circumstances:
(a) On private property by the landowner or tenant thereof to haze
birds or mammals for the purpose of preventing damage by that
wildlife to private property.
(b) Pursuant to a permit from the department issued under
regulations as the commission may prescribe.
(c) In the pursuit of agriculture.
3004. (a) It is unlawful for any person, other than the owner,
person in possession of the premises, or a person having the express
permission of the owner or person in possession of the premises, to
hunt or to discharge while hunting, any firearm or other deadly
weapon within 150 yards of any occupied dwelling house, residence, or
other building or any barn or other outbuilding used in connection
therewith. The 150-yard area is a "safety zone."
(b) It is unlawful for any person to intentionally discharge any
firearm or release any arrow or crossbow bolt over or across any
public road or other established way open to the public in an unsafe
and reckless manner.
3004.5. (a) Nonlead centerfire rifle and pistol ammunition, as
determined by the commission, shall be required when taking big game
with rifle or pistol, as defined by Section 350 of the department's
mammal hunting regulations, and when taking coyote, within the
department's deer hunting zone A South, but excluding Santa Cruz,
Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas
west of Highway 101 within Santa Clara County, and areas between
Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno,
Kings, Tulare, and Kern Counties, and within deer hunting zones D7,
D8, D9, D10, D11, and D13.
(b) By July 1, 2008, the commission shall establish, by
regulation, a public process to certify centerfire rifle and pistol
ammunition as nonlead ammunition, and shall define, by regulation,
nonlead ammunition as including only centerfire rifle and pistol
ammunition in which there is no lead content. The commission shall
establish and annually update a list of certified centerfire rifle
and pistol ammunition.
(c) (1) To the extent that funding is available, the commission
shall establish a process that will provide hunters within the
department's deer hunting zone A South, but excluding Santa Cruz,
Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas
west of Highway 101 within Santa Clara County, and areas between
Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno,
Kings, Tulare, and Kern Counties, and within deer hunting zones D7,
D8, D9, D10, D11, and D13 with nonlead ammunition at no or reduced
charge. The process shall provide that the offer for nonlead
ammunition at no or reduced charge may be redeemed through a coupon
sent to a permitholder with the appropriate permit tag. If available
funding is not sufficient to provide nonlead ammunition at no charge,
the commission shall set the value of the reduced charge coupon at
the maximum value possible through available funding, up to the
average cost within this state for nonlead ammunition, as determined
by the commission.
(2) The nonlead ammunition coupon program described in paragraph
(1) shall be implemented only to the extent that sufficient funding,
as determined by the Department of Finance, is obtained from local,
federal, public, or other nonstate sources in order to implement the
program.
(3) If the nonlead ammunition coupon program is implemented, the
commission shall issue a report on the usage and redemption rates of
ammunition coupons. The report shall cover calendar years 2008, 2009,
and 2012. Each report shall be issued by June of the following year.
(d) The commission shall issue a report on the levels of lead
found in California condors. This report shall cover calendar years
2008, 2009, and 2012. Each report shall be issued by June of the
following year.
(e) The department shall notify those hunters who may be affected
by this section.
(f) A person who violates any provision of this section is guilty
of an infraction punishable by a fine of five hundred dollars ($500).
A second or subsequent offense shall be punishable by a fine of not
less than one thousand dollars ($1,000) or more than five thousand
dollars ($5,000).
3005. (a) It is unlawful to take birds or mammals with any net,
pound, cage, trap, set line or wire, or poisonous substance, or to
possess birds or mammals so taken, whether taken within or without
this state, except as provided in this code or, when relating to
ongoing mining operations, in accordance with a mitigation plan
approved by the department.
(b) (1) Mitigation plans relating to mining operations approved by
the department shall, among other criteria, require avoidance of
take, where feasible, and include reasonable and practicable methods
of mitigating the unavoidable take of birds and mammals. When
approving mitigation plans, the department shall consider the use of
the best available technology on a site-specific basis.
(2) Mitigation plans relating to mining operations approved by the
department shall include provisions that address circumstances where
mining operations contribute to bird deaths, including ponding of
process solutions on heap leach pads and exposure of process solution
channels, solution ponds, and tailing ponds.
(3) The mine operator shall prepare a mitigation plan that shall
be submitted to the department for approval. For ongoing mining
operations, the mitigation plan shall result in an overall reduction
in take of avian or mammal species. The department shall provide an
opportunity for public review and comment on each mitigation plan
during the department's approval process. The mitigation plan shall
be prepared on a site-specific basis and may provide for offsite
mitigation measures designed to reduce avian mortality. The mine
operator shall submit monthly monitoring reports on avian mortality
to the department to aid in evaluating the effectiveness of onsite
mitigation measures.
(4) The department shall monitor and evaluate implementation of
the mitigation plan by the mine operator and require modification of
the plan or other remedial actions to be taken if the overall
reduction in take of avian or mammal species required pursuant to
paragraph (3) is not being achieved.
(5) The mining operator shall reimburse the department for its
direct costs to provide appropriate notice of the mitigation plan to
affected local government entities and other affected parties. The
mine operator shall provide the department a limited number of
copies, as determined by the department, of the mitigation plan for
public review.
(c) Proof of possession of any bird or mammal that does not show
evidence of having been taken by means other than a net, pound, cage,
trap, set line or wire, or poisonous substance, is prima facie
evidence that the birds or mammals were taken in violation of this
section.
(d) This section does not apply to the lawful taking of
fur-bearing mammals, nongame birds, nongame mammals, or mammals found
to be injuring crops or property, to the taking of birds or mammals
under depredation permits, to taking by employees of the department
acting in an official capacity, or to taking in accordance with the
conditions of a scientific or propagation permit by the holder of
that permit.
3005.5. It is unlawful to capture any game mammal, game bird,
nongame bird, nongame mammal, or furbearer, or to possess or confine
any live game mammal, game bird, nongame bird, nongame mammal, or
furbearer taken from the wild, except as provided by this code or
regulations made pursuant thereto. Any bird or mammal possessed or
confined in violation of this section shall be seized by the
department.
The commission may promulgate regulations permitting the temporary
confinement of game mammals, game birds, nongame birds, nongame
mammals, or furbearers for the purpose of treating the animals, if
injured or diseased.
3006. Except as authorized under a domesticated game breeder's
license, any deer, elk, or bear kept in captivity may be killed only
with the approval of the department, and under such regulations as
the commission may prescribe. The carcass, or any part thereof, of
any such mammal may not be sold, and shall be disposed of in such
manner as the department may direct.
3007. Except as provided in this code or regulations adopted
pursuant thereto, every person who takes any bird or mammal shall
procure a license or entitlement therefor.
3008. The physical control of a dog by its owner while the dog is
engaged in hunting in an area where the owner is otherwise authorized
to hunt, shall be as required by this code or regulations made
pursuant thereto.
Dogs which are used for hunting which have been vaccinated for
rabies in their county of residence in conformity with state law
regulating vaccinations in rabies areas are not subject to rabies
vaccination requirements of local ordinances outside their county of
residence.
3009. Every person who while taking any bird or mammal kills or
injures another person by the use of any firearm, bow and arrow,
spear, slingshot, or other weapon or device used in such taking and
who knowingly either abandons such person or fails to render to such
injured person all necessary aid possible under the circumstances is
guilty of a felony.
3010. It is unlawful for any person to take any pheasant within 300
yards of any vehicle from which pheasants are being released into an
area for hunting while such pheasants are being released.
3011. No person, including employees of the state, federal or
county government, shall take bear with iron or steel-jawed or any
type of metal-jawed traps, and no provision of this code or any other
law shall be construed to authorize, or to permit the authorizing
of, the use of iron or steel-jawed or any type of metal-jawed traps
to take bear.
3012. It is unlawful to use any recorded or electrically amplified
bird or mammal calls or sounds, or recorded or electrically amplified
imitations of bird or mammal calls or sounds, to assist in taking
any bird or mammal, except nongame birds and nongame mammals as
permitted by regulations of the commission.
3000. It is unlawful to take any bird or mammal, except a nongame
mammal, between one-half hour after sunset and one-half hour before
sunrise of the following day at the place of taking, except as
otherwise provided in this code or under such regulations as the
commission may adopt. The commission may adopt regulations
prohibiting the taking of any nongame mammal between one-half hour
after sunset and one-half hour before sunrise of the following day at
the place of taking.
3001. It is unlawful to take birds or mammals with firearms, BB
devices as defined in subdivision (g) of Section 12001 of the Penal
Code, crossbows, or with bow and arrow when intoxicated.
3001. It is unlawful to take birds or mammals with firearms, BB
devices as defined in Section 16250 of the Penal Code, crossbows, or
with bow and arrow when intoxicated.
3002. It is unlawful to shoot at any game bird or mammal, including
a marine mammal as defined in Section 4500, from a powerboat,
sailboat, motor vehicle, or airplane.
3003. (a) It is unlawful for any person to shoot, shoot at, or kill
any bird or mammal with any gun or other device accessed via an
Internet connection in this state.
(b) It is further unlawful for any person, firm, corporation,
partnership, limited liability company, association, or other
business entity to do either of the following:
(1) Own or operate a shooting range, site, or gallery located in
the state for purposes of the online shooting or spearing of any bird
or mammal.
(2) Create, maintain, or utilize an Internet Web site, or a
service or business via any other means, from any location within the
state for purposes of the online shooting or spearing of any bird or
mammal for the purposes of this section.
(c) It is unlawful to possess or confine any bird or mammal in
furtherance of an activity prohibited by this section.
(d) It is unlawful for any person in this state to import into, or
export from, this state any bird or mammal, or any part thereof,
that is killed by any device accessed via an Internet connection.
(e) Any bird or mammal, or any part thereof, that is possessed in
violation of this section shall be subject to seizure by the
department.
(f) For the purposes of this section, "online shooting or spearing"
means the use of a computer or any other device, equipment,
software, or technology, to remotely control the aiming and discharge
of any weapon, including, but not limited to, any firearm, bow and
arrow, spear, slingshot, harpoon, or any other projectile device.
3003.1. Notwithstanding Sections 1001, 1002, 4002, 4004, 4007,
4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a) It is unlawful for any person to trap for the purposes of
recreation or commerce in fur any fur-bearing mammal or nongame
mammal with any body-gripping trap. A body-gripping trap is one that
grips the mammal's body or body part, including, but not limited to,
steel-jawed leghold traps, padded-jaw leghold traps, conibear traps,
and snares. Cage and box traps, nets, suitcase-type live beaver
traps, and common rat and mouse traps shall not be considered
body-gripping traps.
(b) It is unlawful for any person to buy, sell, barter, or
otherwise exchange for profit, or to offer to buy, sell, barter, or
otherwise exchange for profit, the raw fur, as defined by Section
4005, of any fur-bearing mammal or nongame mammal that was trapped in
this state, with a body-gripping trap as described in subdivision
(a).
(c) It is unlawful for any person, including an employee of the
federal, state, county, or municipal government, to use or authorize
the use of any steel-jawed leghold trap, padded or otherwise, to
capture any game mammal, fur-bearing mammal, nongame mammal,
protected mammal, or any dog or cat. The prohibition in this
subdivision does not apply to federal, state, county, or municipal
government employees or their duly authorized agents in the
extraordinary case where the otherwise prohibited padded-jaw leghold
trap is the only method available to protect human health or safety.
(d) For purposes of this section, fur-bearing mammals, game
mammals, nongame mammals, and protected mammals are those mammals so
defined by statute on January 1, 1997.
3003.2. Notwithstanding Sections 4003, 4152, 4180, or 4180.1 of
this code or Section 14063 of the Food and Agricultural Code, no
person, including an employee of the federal, state, county, or
municipal government, may poison or attempt to poison any animal by
using sodium fluoroacetate, also known as Compound 1080, or sodium
cyanide.
3003.5. It is unlawful to pursue, drive, or herd any bird or mammal
with any motorized water, land, or air vehicle, including, but not
limited to, a motor vehicle, airplane, powerboat, or snowmobile,
except in any of the following circumstances:
(a) On private property by the landowner or tenant thereof to haze
birds or mammals for the purpose of preventing damage by that
wildlife to private property.
(b) Pursuant to a permit from the department issued under
regulations as the commission may prescribe.
(c) In the pursuit of agriculture.
3004. (a) It is unlawful for any person, other than the owner,
person in possession of the premises, or a person having the express
permission of the owner or person in possession of the premises, to
hunt or to discharge while hunting, any firearm or other deadly
weapon within 150 yards of any occupied dwelling house, residence, or
other building or any barn or other outbuilding used in connection
therewith. The 150-yard area is a "safety zone."
(b) It is unlawful for any person to intentionally discharge any
firearm or release any arrow or crossbow bolt over or across any
public road or other established way open to the public in an unsafe
and reckless manner.
3004.5. (a) Nonlead centerfire rifle and pistol ammunition, as
determined by the commission, shall be required when taking big game
with rifle or pistol, as defined by Section 350 of the department's
mammal hunting regulations, and when taking coyote, within the
department's deer hunting zone A South, but excluding Santa Cruz,
Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas
west of Highway 101 within Santa Clara County, and areas between
Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno,
Kings, Tulare, and Kern Counties, and within deer hunting zones D7,
D8, D9, D10, D11, and D13.
(b) By July 1, 2008, the commission shall establish, by
regulation, a public process to certify centerfire rifle and pistol
ammunition as nonlead ammunition, and shall define, by regulation,
nonlead ammunition as including only centerfire rifle and pistol
ammunition in which there is no lead content. The commission shall
establish and annually update a list of certified centerfire rifle
and pistol ammunition.
(c) (1) To the extent that funding is available, the commission
shall establish a process that will provide hunters within the
department's deer hunting zone A South, but excluding Santa Cruz,
Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas
west of Highway 101 within Santa Clara County, and areas between
Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno,
Kings, Tulare, and Kern Counties, and within deer hunting zones D7,
D8, D9, D10, D11, and D13 with nonlead ammunition at no or reduced
charge. The process shall provide that the offer for nonlead
ammunition at no or reduced charge may be redeemed through a coupon
sent to a permitholder with the appropriate permit tag. If available
funding is not sufficient to provide nonlead ammunition at no charge,
the commission shall set the value of the reduced charge coupon at
the maximum value possible through available funding, up to the
average cost within this state for nonlead ammunition, as determined
by the commission.
(2) The nonlead ammunition coupon program described in paragraph
(1) shall be implemented only to the extent that sufficient funding,
as determined by the Department of Finance, is obtained from local,
federal, public, or other nonstate sources in order to implement the
program.
(3) If the nonlead ammunition coupon program is implemented, the
commission shall issue a report on the usage and redemption rates of
ammunition coupons. The report shall cover calendar years 2008, 2009,
and 2012. Each report shall be issued by June of the following year.
(d) The commission shall issue a report on the levels of lead
found in California condors. This report shall cover calendar years
2008, 2009, and 2012. Each report shall be issued by June of the
following year.
(e) The department shall notify those hunters who may be affected
by this section.
(f) A person who violates any provision of this section is guilty
of an infraction punishable by a fine of five hundred dollars ($500).
A second or subsequent offense shall be punishable by a fine of not
less than one thousand dollars ($1,000) or more than five thousand
dollars ($5,000).
3005. (a) It is unlawful to take birds or mammals with any net,
pound, cage, trap, set line or wire, or poisonous substance, or to
possess birds or mammals so taken, whether taken within or without
this state, except as provided in this code or, when relating to
ongoing mining operations, in accordance with a mitigation plan
approved by the department.
(b) (1) Mitigation plans relating to mining operations approved by
the department shall, among other criteria, require avoidance of
take, where feasible, and include reasonable and practicable methods
of mitigating the unavoidable take of birds and mammals. When
approving mitigation plans, the department shall consider the use of
the best available technology on a site-specific basis.
(2) Mitigation plans relating to mining operations approved by the
department shall include provisions that address circumstances where
mining operations contribute to bird deaths, including ponding of
process solutions on heap leach pads and exposure of process solution
channels, solution ponds, and tailing ponds.
(3) The mine operator shall prepare a mitigation plan that shall
be submitted to the department for approval. For ongoing mining
operations, the mitigation plan shall result in an overall reduction
in take of avian or mammal species. The department shall provide an
opportunity for public review and comment on each mitigation plan
during the department's approval process. The mitigation plan shall
be prepared on a site-specific basis and may provide for offsite
mitigation measures designed to reduce avian mortality. The mine
operator shall submit monthly monitoring reports on avian mortality
to the department to aid in evaluating the effectiveness of onsite
mitigation measures.
(4) The department shall monitor and evaluate implementation of
the mitigation plan by the mine operator and require modification of
the plan or other remedial actions to be taken if the overall
reduction in take of avian or mammal species required pursuant to
paragraph (3) is not being achieved.
(5) The mining operator shall reimburse the department for its
direct costs to provide appropriate notice of the mitigation plan to
affected local government entities and other affected parties. The
mine operator shall provide the department a limited number of
copies, as determined by the department, of the mitigation plan for
public review.
(c) Proof of possession of any bird or mammal that does not show
evidence of having been taken by means other than a net, pound, cage,
trap, set line or wire, or poisonous substance, is prima facie
evidence that the birds or mammals were taken in violation of this
section.
(d) This section does not apply to the lawful taking of
fur-bearing mammals, nongame birds, nongame mammals, or mammals found
to be injuring crops or property, to the taking of birds or mammals
under depredation permits, to taking by employees of the department
acting in an official capacity, or to taking in accordance with the
conditions of a scientific or propagation permit by the holder of
that permit.
3005.5. It is unlawful to capture any game mammal, game bird,
nongame bird, nongame mammal, or furbearer, or to possess or confine
any live game mammal, game bird, nongame bird, nongame mammal, or
furbearer taken from the wild, except as provided by this code or
regulations made pursuant thereto. Any bird or mammal possessed or
confined in violation of this section shall be seized by the
department.
The commission may promulgate regulations permitting the temporary
confinement of game mammals, game birds, nongame birds, nongame
mammals, or furbearers for the purpose of treating the animals, if
injured or diseased.
3006. Except as authorized under a domesticated game breeder's
license, any deer, elk, or bear kept in captivity may be killed only
with the approval of the department, and under such regulations as
the commission may prescribe. The carcass, or any part thereof, of
any such mammal may not be sold, and shall be disposed of in such
manner as the department may direct.
3007. Except as provided in this code or regulations adopted
pursuant thereto, every person who takes any bird or mammal shall
procure a license or entitlement therefor.
3008. The physical control of a dog by its owner while the dog is
engaged in hunting in an area where the owner is otherwise authorized
to hunt, shall be as required by this code or regulations made
pursuant thereto.
Dogs which are used for hunting which have been vaccinated for
rabies in their county of residence in conformity with state law
regulating vaccinations in rabies areas are not subject to rabies
vaccination requirements of local ordinances outside their county of
residence.
3009. Every person who while taking any bird or mammal kills or
injures another person by the use of any firearm, bow and arrow,
spear, slingshot, or other weapon or device used in such taking and
who knowingly either abandons such person or fails to render to such
injured person all necessary aid possible under the circumstances is
guilty of a felony.
3010. It is unlawful for any person to take any pheasant within 300
yards of any vehicle from which pheasants are being released into an
area for hunting while such pheasants are being released.
3011. No person, including employees of the state, federal or
county government, shall take bear with iron or steel-jawed or any
type of metal-jawed traps, and no provision of this code or any other
law shall be construed to authorize, or to permit the authorizing
of, the use of iron or steel-jawed or any type of metal-jawed traps
to take bear.
3012. It is unlawful to use any recorded or electrically amplified
bird or mammal calls or sounds, or recorded or electrically amplified
imitations of bird or mammal calls or sounds, to assist in taking
any bird or mammal, except nongame birds and nongame mammals as
permitted by regulations of the commission.
