SECTIONS 3950-3961 - California Statutes

FISH AND GAME CODE

SECTION 3950-3961

3950. (a) Game mammals are: deer (genus Odocoileus), elk (genus
Cervus), prong-horned antelope (genus Antilocapra), wild pigs,
including feral pigs and European wild boars (genus Sus), black and
brown or cinnamon bears (genus Euarctos), mountain lions (genus
Felis), jackrabbits and varying hares (genus Lepus), cottontails,
brush rabbits, pigmy rabbits (genus Sylvilagus), and tree squirrels
(genus Sciurus and Tamiasciurus).
(b) Nelson bighorn sheep (subspecies Ovis canadensis nelsoni) are
game mammals only for the purposes of sport hunting described in
subdivision (b) of Section 4902.

3950.1. (a) Notwithstanding Section 3950 or any other provision of
this code, the mountain lion (genus Felis) shall not be listed as, or
considered to be, a game mammal by the department or the commission.
(b) Section 219 does not apply to this section. Neither the
commission nor the department shall adopt any regulation that
conflicts with or supersedes this section.

3951. The commission may authorize the taking of tule elk pursuant
to Section 332. When relocating tule elk, the department shall
relocate the elk in areas suitable to them in the state and shall
cooperate to the maximum extent possible with federal and local
agencies and private property owners in relocating tule elk in
suitable areas under their jurisdiction or ownership. When property
or environmental damage occurs, emphasis shall be placed on managing
each tule elk herd at a biologically sound level through the use of
relocation, regulated hunting, or other appropriate methods,
individually or in combination, as determined by the department in
accordance with the statewide elk management plan developed pursuant
to Section 3952, after consulting with local landowners.
The number of tule elk in the Owens Valley shall not be permitted
to increase beyond 490, or any greater number hereafter determined by
the department to be the Owens Valley's holding capacity in
accordance with game management principles.

3952. The department shall develop a statewide elk management plan,
consistent with the state's wildlife policy as set forth in Section
1801. The statewide elk management plan shall emphasize maintaining
sufficient elk populations in perpetuity, while considering all of
the following:
(a) Characteristics and geographic range of each elk subspecies
within the state, including Roosevelt elk, Rocky Mountain elk, and
tule elk.
(b) Habitat conditions and trends within the state.
(c) Major factors affecting elk within the state, including, but
not limited to, conflicts with other land uses.
(d) Management activities necessary to achieve the goals of the
plan and to alleviate property damage.
(e) Identification of high priority areas for elk management.
(f) Methods for determining population viability and the minimum
population level needed to sustain local herds.
(g) Description of the necessary contents for individual herd
management plans prepared for high priority areas.

3953. (a) The Big Game Management Account is hereby established
within the Fish and Game Preservation Fund.
(b) All revenues from the sale of antelope, elk, deer, wild pig,
bear, and sheep tags, including any fundraising tags, shall be
deposited in the Big Game Management Account to permit separate
accountability for the receipt and expenditure of these funds.
(c) Funds deposited in the Big Game Management Account shall be
available for expenditure upon appropriation by the Legislature to
the department. These funds shall be expended solely for the purposes
set forth in this section and Sections 3951 and 3952, and Chapter 5
(commencing with Section 450) of Division 1, Chapter 7 (commencing
with Section 4650), and Chapter 11 (commencing with Section 4900),
including acquiring land, completing projects, and implementing
programs to benefit antelope, elk, deer, wild pigs, bear, and sheep,
and expanding public hunting opportunities and related public
outreach. Any land acquired with funds from the Big Game Management
Account shall be acquired in fee title or protected with a
conservation easement and, to the extent possible, be open or provide
access to the public for antelope, elk, deer, wild pig, bear, or
sheep hunting. The department may also use funds from the Big Game
Management Account to pay for administrative and enforcement costs of
the programs and activities described in this section. The amount
allocated from the account for administrative costs shall be limited
to the reasonable costs associated with administration of the
programs and activities described in this section.
(d) The department may make grants to, reimburse, or enter into
contracts or other agreements as defined in subdivision (a) of
Section 1571 with, nonprofit organizations for the use of the funds
from the Big Game Management Account to carry out the purposes of
this section, including related habitat conservation projects.
(e) An advisory committee, as determined by the department, that
includes interested nonprofit organizations that have goals and
objectives directly related to the management and conservation of big
game species and primarily represent the interests of persons
licensed pursuant to Section 3031 shall review and provide comments
to the department on all proposed projects funded from the Big Game
Management Account to help ensure that the requirements of this
section have been met. The department shall post budget information
and a brief description on an Internet Web site for all projects
funded from the Big Game Management Account.
(f) Big game projects authorized pursuant to this section are not
subject to Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code or Article 6 (commencing with Section 999)
of Chapter 6 of Division 4 of the Military and Veterans Code.
(g) The department shall maintain the internal accountability
necessary to ensure compliance with the collection, deposit, and
expenditure of funds specified in this section.

3960. It is unlawful to permit or allow any dog to pursue any big
game mammal during the closed season on such mammal, to pursue any
fully protected, rare, or endangered mammal at any time, or to pursue
any mammal in a game refuge or ecological reserve if hunting within
such refuge or ecological reserve is unlawful.
Employees of the department may capture any dog not under the
reasonable control of its owner or handler, when such uncontrolled
dog is pursuing, in violation of this section, any big game, fully
protected, rare, or endangered mammal.
Employees of the department may capture or dispatch any dog
inflicting injury or immediately threatening to inflict injury to any
big game mammal during the closed season on such mammal, and they
may capture or dispatch any dog inflicting injury or immediately
threatening to inflict injury on any fully protected, rare, or
endangered mammal at any time.
Employees of the department may capture or dispatch any dog
inflicting injury or immediately threatening to inflict injury to any
mammal in a game refuge or ecological reserve if hunting within such
refuge or ecological reserve is unlawful.
No criminal or civil liability shall accrue to any department
employee as a result of enforcement of this section. For the purpose
of this section, "pursue" means pursue, run, or chase.
Owners of dogs with identification, that have been captured or
dispatched, shall be notified within 72 hours after capture or
dispatch.

3961. Whenever an employee of the department is not present to
carry out the provisions of Section 3960 with respect to any dog
inflicting injury or immediately threatening to inflict injury to any
deer, elk, or prong-horned antelope during the closed season for
these mammals, any property owner, lessee, person holding a permit
for the purpose of grazing livestock, or his or her employee, may
seize or dispatch the dog if it is found on his or her land or
premises without the permission of the person who is in immediate
possession of the land. If the dog has on it any readily visible
identification tag or license tag as prescribed by Section 30951 of
the Food and Agricultural Code, and the dog is found in the act of
immediately threatening to injure deer, elk, or prong-horned
antelope, the dog may only be dispatched under this section if the
dog has, and the owner has been notified that the dog has, previously
threatened any of these species.
No action, civil or criminal, shall be maintained for a dog
lawfully seized or dispatched pursuant to this article.
The owner of a dog shall be notified within 72 hours of the
seizure or dispatching of that dog under this section if it had the
identification tag or license tag which is required pursuant to
Section 30951 of the Food and Agricultural Code.