SECTIONS 4000-4012 - California Statutes

FISH AND GAME CODE

SECTION 4000-4012

4000. The following are fur-bearing mammals: pine marten, fisher,
mink, river otter, gray fox, red fox, kit fox, raccoon, beaver,
badger, and muskrat.

4002. Fur-bearing mammals may be taken only with a trap, a firearm,
bow and arrow, poison under a proper permit, or with the use of
dogs.

4003. It is unlawful to use poison to take fur-bearing mammals
without a permit from the department. The department may issue such a
permit upon a written application indicating the kind of poison
desired to be used and the time and place of use.

4004. It is unlawful to do any of the following:
(a) Use a trap with saw-toothed or spiked jaws.
(b) Use or sell leghold steel-jawed traps with a spread of 5 1/2
inches or larger without offset jaws.
(c) Use steel-jawed traps larger than size 1 1/2 or with a spread
larger than 4 7/8 inches for taking muskrat.
(d) Set or maintain traps which do not bear a number or other
identifying mark registered to the department or, in the case of a
federal, state, county, or city agency, bear the name of that agency,
except that traps set pursuant to Section 4152 or 4180 shall bear an
identifying mark in a manner specified by the department. No
registration fee shall be charged pursuant to this subdivision.
(e) Fail to visit and remove all animals from traps at least once
daily. If the trapping is done pursuant to Section 4152 or 4180, 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.
(f) Use a steel leghold trap with a spread exceeding 7 1/2 inches
or killer-type trap of the conibear type that is larger than 10
inches by 10 inches.
(g) Set or maintain steel leghold traps within 30 feet of bait
placed in a manner or position so that it may be seen by any soaring
bird. As used in this subdivision, "bait" includes any bait composed
of mammal, bird, or fish flesh, fur, hide, entrails, or feathers.
(h) Set or maintain steel leghold traps with a spread of 5 1/2
inches or larger without a tension device.

4005. (a) Except as otherwise provided in this section, every
person, other than a fur dealer, who traps fur-bearing mammals or
nongame mammals, designated by the commission or who sells raw furs
of those mammals, shall procure a trapping license. "Raw fur" means
any fur, pelt, or skin that has not been tanned or cured, except that
salt-cured or sun-cured pelts are raw furs.
(b) The department shall develop standards that are necessary to
ensure the competence and proficiency of applicants for a trapping
license. No person shall be issued a license until he or she has
passed a test of his or her knowledge and skill in this field.
(c) Persons trapping mammals in accordance with Section 4152 or
4180 are not required to procure a trapping license except when
providing trapping services for profit.
(d) No raw furs taken by persons providing trapping services for
profit may be sold.
(e) The license requirement imposed by this section does not apply
to any of the following:
(1) Officers or employees of federal, county, or city agencies or
the department, when acting in their official capacities, or officers
or employees of the Department of Food and Agriculture when acting
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.
(2) Structural pest control operators licensed pursuant to Chapter
14 (commencing with Section 8500) of Division 3 of the Business and
Professions Code, when trapping rats, mice, voles, moles, or gophers.
(3) Persons and businesses licensed or certified by the Department
of Pesticide Regulation pursuant to Chapter 4 (commencing with
Section 11701) and Chapter 8 (commencing with Section 12201) of
Division 6 of, and Chapter 3.6, (commencing with Section 14151) of
Division 7 of, the Food and Agricultural Code, when trapping rats,
mice, voles, moles, or gophers.
(f) Except for species that are listed pursuant to Chapter 1.5
(commencing with Section 2050) of Division 3 or Chapter 8 (commencing
with Section 4700), nothing in this code or regulations adopted
pursuant thereto shall prevent or prohibit a person from trapping any
of the following animals:
(1) Gophers.
(2) House mice.
(3) Moles.
(4) Rats.
(5) Voles.

4006. A trapping license shall be issued as follows:
(a) To any resident of this state over the age of 16 years upon
payment of a base fee of forty-five dollars ($45), as adjusted under
Section 713.
(b) To any resident of this state under the age of 16 years upon
payment of a base fee of fifteen dollars ($15), as adjusted under
Section 713.
(c) To any person not a resident of this state upon payment of a
base fee of two hundred twenty-five dollars ($225), as adjusted under
Section 713.
A license shall not be issued to a nonresident if the state in
which he or she resides does not provide for issuance of a
nonresident trapping license to California residents. Also, a
nonresident issued a license under this subdivision may take only
those species, and may take or possess only that quantity of a
species which a resident of California may take or possess under a
nonresident trapping license or permit in the state of residence of
that nonresident.

4007. A trapping license authorizes the person to whom it is issued
to take, during the open season, fur-bearing mammals and nongame
mammals for a term of one year from July 1st, or if issued after the
beginning of such term, for the remainder thereof and to sell the raw
fur of any such animal.

4008. No trapping license shall be issued to any applicant within
one year following the expiration of any trapping license previously
issued to such applicant unless he has submitted to the department a
sworn statement showing the number of each kind of fur-bearing
mammals and nongame mammals taken under the previous license and the
names and addresses of the persons to whom they were shipped or sold.

4009. It is unlawful to remove or disturb the trap of any licensee
while the trap is being used by the licensee on public land or on
land where the licensee has permission to trap. This section does not
apply to any employee of the department while engaged in the
performance of official duties.

4009.5. The commission may adopt such regulations as it determines
to be necessary to regulate the taking and sale of fur-bearing
mammals or nongame mammals taken under a trapping license.

4010. The provisions of this chapter do not apply to, or prohibit
the propagation of, fur-bearing mammals which are confined in
accordance with the regulations of the commission.

4011. (a) Fur-bearing mammals, game mammals, and nongame mammals,
when involved in dangerous disease outbreaks, may be taken by duly
constituted officials of any of the following:
(1) The United States Department of Agriculture.
(2) The United States Department of the Interior.
(3) The United States Department of Health and Human Services.
(4) The Department of Food and Agriculture.
(5) The State Department of Public Health.
(6) The department.
(b) A county official may take fur-bearing mammals, game mammals,
and nongame mammals pursuant to this section, upon the prior approval
of the director or his or her designee and in a manner approved by
the director or his or her designee.

4012. It is unlawful to take any red fox for profitmaking purposes.