SECTIONS 3200-3219 - California Statutes

FISH AND GAME CODE

SECTION 3200-3219

3200. Any person engaged in raising or importing, or who keeps in
captivity, in this state domesticated game birds or domesticated game
mammals which normally exist in the wild in this state shall procure
a domesticated game breeder's license if the birds or mammals are
kept more than 30 days after acquisition. No license is, however,
required of any of the following:
(a) Licensed pheasant clubs, except to the extent provided in
Section 3283.
(b) Licensed domesticated migratory game bird shooting areas as
defined in Article 4 (commencing with Section 3300) of Chapter 2 of
Part 1 of Division 4.
(c) Keepers of hotels, restaurants, boardinghouses, or clubs
serving the meat of those birds or mammals for actual consumption on
the premises.
(d) Retail meat dealers selling such meat to customers for actual
consumption.
(e) Public zoological gardens possessing those birds or mammals
for exhibition purposes or for the purpose of disposing of the birds
or mammals by sale, exchange, or donation to other public zoological
gardens.

3201. No person shall sell the carcass of any domesticated game
bird or mammal without first obtaining a domesticated game breeder's
license from the department. The department may issue such a license
upon terms and conditions as the commission may prescribe, and the
commission may at any time revoke such a license for sufficient
cause.

3202. There are classes of domesticated game breeder's licenses,
designated "class 1" and "class 2."
(a) A class 1 domesticated game breeder's license authorizes the
licensee to engage in all domesticated game breeding activities
except that not more than 175 Chinese ringneck or Mongolian ringneck
pheasants, or both, or hybrids thereof, may be sold under a class 1
license.
(b) A class 2 domesticated game breeder's license is required in
order to sell more than 175 Chinese ringneck or Mongolian ringneck
pheasants, or both, or hybrids thereof, and entitles the licensee to
all the rights and privileges of a class 1 license.

3203. The department shall issue a class 1 domesticated game
breeder's license upon the payment of a base fee of eight dollars
($8), as adjusted under Section 713, and a class 2 domesticated game
breeder's license upon the payment of a base fee of forty dollars
($40), as adjusted under Section 713.

3204. Licenses issued under the provisions of this article are
valid for a term of one year from January 1st, or, if issued after
the beginning of such term, for the remainder thereof.
A domesticated game breeder's license shall be conspicuously
displayed on the property where the birds or mammals are held in
captivity.

3205. Carriers for hire may carry within the State live
domesticated game birds and mammals upon such terms and conditions as
the commission may prescribe.

3206. No domesticated game bird or mammal shall be transported or
sold dead unless each quarter and each loin of the carcass of each
large mammal, the carcass of each bird, except as provided in Section
2401 for a domesticated game bird raised outside this State, and the
carcass of each small mammal is tagged with a domesticated game
breeder's tag or seal. The tag or seal shall not be removed until
such quarter, loin, or carcass is prepared for consumption.
No tag so affixed shall be used again.
No tag or seal shall be sold by the department to anyone other
than a person who is legally in possession of domesticated game.

3207. The department shall collect three cents ($0.03) for each tag
or seal.

3208. On or before January 31st of each year, every person to whom
a domesticated game breeder's license has been issued shall report
the following to the department on a form provided by the department:
(a) The total number of each species of game birds and mammals
killed, sold, or shipped during the preceding year.
(b) The names of the persons to whom such game birds or mammals
were sold or shipped.
(c) The name of the person in whose presence such game birds or
mammals were tagged.
(d) A complete list of the game birds and mammals held in his
possession at the time the report is made.
Such report shall be verified by the affidavit of the licensee.

3209. (a) In lieu of the tag required by Section 3206, poultry
processing plants licensed pursuant to Chapter 4 (commencing with
Section 18650) or Chapter 4.1 (commencing with Section 18940) of Part
3 of Division 9 of the Food and Agricultural Code, which process
domesticated game birds received from persons licensed pursuant to
this article, may package each individual carcass in a nonreusable
container clearly labeled on the outside with the species of bird and
the wording "Product of a Licensed California Domesticated Game
Breeder."
(b) Each processor receiving domesticated game birds shall keep a
complete record of all birds received showing all of the following:
(1) The date received.
(2) The number and species of birds in each lot or shipment.
(3) The complete name, address, and domesticated game breeders'
license number of the person from whom the birds were received.
(4) The disposition of processed birds, the date of sale or
shipment, the quantity and species sold or shipped, and the person to
whom the birds were sold or shipped.
(c) The records shall be retained by the processor for one year
following date of processing. These records shall be subject to
inspection upon demand by any officer of the department during hours
the processing plant is in operation or open for business.
(d) This section does not affect the requirements of Section 3206
governing tagging domesticated game birds for transportation by those
other than licensed poultry processors.

3212. The keeper of a hotel, restaurant, boardinghouse, or club may
sell portions of a quarter or loin of a large mammal, or the carcass
of a game bird or mammal raised or imported under a domesticated
game breeder's license, to a patron for actual consumption on the
premises only, and no license for that purpose shall be required of
such keeper or club. All keepers of hotels, restaurants,
boardinghouses, or clubs who sell any such game for consumption to a
patron shall be required to submit to the inspection of their
premises by the department and shall display for such inspection any
carcass or parts thereof held in storage for sale. All such game
shall be tagged under Section 3206.

3213. A retail meat dealer may, without a license, sell portions of
a quarter or loin of a large mammal or the carcass of a game bird or
mammal raised or imported under a domesticated game breeder's
license to a customer for actual consumption.
Retail dealers shall submit their premises to inspection by the
department, and shall display at any authorized inspection any
carcass or parts thereof held by them in storage. Such game meat or
carcasses shall be tagged under Section 3206.

3214. Domesticated game breeders or other persons holding
domesticated game mammals in captivity shall confine the mammals in
escape-proof cages or enclosures. In the event any of the mammals
escape from the cages or enclosures, the owner shall immediately make
every reasonable effort to recapture them. If the owner fails to
recapture the escaped mammals, the department may capture the mammals
or remove them from the wild by whatever means may be necessary if,
in the opinion of the department, the mammals may conflict with
native species of birds or mammals or cause damage to public or
private property. The owner shall reimburse the department for all
costs incurred in capturing or removing the mammals from the wild.
The owner of the mammals shall be responsible for any damage they may
cause to public or private property.
Any domesticated big game mammal may be marked with ear tags or
other suitable markings or tags, as may be specified by the
commission, which shall identify the owner of the mammals.

3216. All domesticated game birds and mammals, excepting deer, sold
under the provisions of this article, shall be killed otherwise than
by shooting. This section does not apply to licensed pheasant clubs,
licensed domesticated migratory game bird shooting areas, or to the
training or practice of hunting dogs.

3217. The carcass of a game bird which shows that it has been
killed by shooting shall constitute prima facie evidence that it was
not a domesticated game bird. The fact that the bird has been tagged
in accordance with Section 3206 of this code shall not alter this
presumption.

3218. Any license issued under this article may be revoked by the
commission upon conviction of the licensee of a violation of any
provision of this code, and no similar license may be issued to the
licensee during the same license year.

3219. Domesticated reindeer may be imported into this State and
sold only in accordance with regulations which the commission may
prescribe.