Fish and Game Code - Chapter 4 of Part 3 of Division 4; Deer (secs. 4301 - 4371)

FISH AND GAME CODE - FGC DIVISION 4. BIRDS AND MAMMALS [3000 - 4904] ( Division 4 enacted by Stats. 1957, Ch. 456. ) PART 3. MAMMALS [3950 - 4904] ( Part 3 enacted by Stats. 1957, Ch. 456. ) CHAPTER 4. Deer [4301 - 4371] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1957, Ch. 1972. ) ARTICLE 1. Taking Deer [4301 - 4304] ( Article 1 enacted by Stats. 1957, Ch. 456. ) 4301. (a) Subject to the provisions of this code permitting the sale of domestically raised game mammals, it is unlawful to sell or purchase, or transport for the purpose of sale, any deer meat in this state whether fresh, smoked, canned, or preserved by any means, except fallow deer meat processed by a slaughterer in accordance with Chapter 4 (commencing with Section 18650) of, and Chapter 4.1 (commencing with Section 18940) of, Part 3 of Division 9 of the Food and Agricultural Code, and except that deer meat may be imported into this state from a foreign country for the purpose of processing (manufacturing) and selling a product commonly known as venison or deer jerky or venison or deer salami, properly labeled as such, for human consumption. All deer meat imported into this state shall meet all of the sanitary and inspection requirements for wholesomeness, except an antemortem inspection, but including a postmortem inspection, as required for other meat imported for human consumption. The deer meat shall be in an identifiable condition and accompanied by a bill of lading, showing the name of the consignor, the consignee, and the weight of the deer meat shipped. A copy of the bill of lading shall be delivered to the nearest office of the department either prior to, or not later than, two days from the date of receipt of the deer meat. No such deer meat imported into this state may leave the premises of the original consignee unless written permission is received from the department, or unless it is processed into the form of the product commonly known as jerky or salami. (b) As used in this section, “deer” includes any animal of the family Cervidae. (Amended by Stats. 2000, Ch. 373, Sec. 1. Effective January 1, 2001.) 4302. Any person taking any deer shall retain in his possession during the open season thereon, and for 15 days thereafter, that portion of the head which in adult males normally bears the antlers, and shall produce the designated portion of the javascript:submitCodesValues('4301.','6.3.4.1','2000','373','1',%20'id 6d5d82ce-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4302.','6.3.4.1','1970','111','',%20'id 6d5d82d0-291f-11d9-b345-da121e20f3eb') head upon the demand of any officer authorized to enforce the provisions of this code. (Amended by Stats. 1970, Ch. 111.) 4303. The skin or hide of any deer lawfully taken may be sold, purchased, tanned, or manufactured into articles for sale. Skins or hides of deer lawfully taken may be donated at any time to veterans’ organizations or veterans’ service committees for use by veterans for rehabilitation purposes. (Amended by Stats. 1970, Ch. 111.) 4304. No person shall at any time capture or destroy any deer and detach or remove from the carcass only the head, hide, antlers, or horns; nor shall any person at any time leave through carelessness or neglect any game mammal or game bird which is in his possession, or any portion of the flesh thereof usually eaten by humans, to go needlessly to waste. The provisions of this section shall not apply to game mammals taken under the authority of Sections 4152 and 4183 of this code. (Amended by Stats. 1965, Ch. 866.) ARTICLE 2. License Tags [4330 - 4341] ( Article 2 enacted by Stats. 1957, Ch. 456. ) 4330. It is unlawful to take any deer without first procuring a deer tag or permit authorizing the taking of that deer. (Amended by Stats. 2007, Ch. 285, Sec. 83. Effective January 1, 2008.) 4331. The commission may determine the design and makeup of the deer tag and prescribe the procedures for issuance and use. (Amended by Stats. 2007, Ch. 285, Sec. 84. Effective January 1, 2008.) 4332. javascript:submitCodesValues('4303.','6.3.4.1','1970','111','',%20'id 6d5d82d2-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4304.','6.3.4.1','1965','866','',%20'id 6d5f0974-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4330.','6.3.4.2','2007','285','83',%20'id a7e8eb38-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('4331.','6.3.4.2','2007','285','84',%20'id a8e4d76a-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('4332.','6.3.4.2','2010','408','8',%20'id 0ed2490e-0699-11e0-bb8e-aff4acffa51b') (a) Any resident of this state, 12 years of age or over, who possesses a valid hunting license, may procure one tag for the taking of one deer by one person during the current license year, upon payment of the base fee of ten dollars ($10) for the license year beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years. (b) Any nonresident of this state, 12 years of age or over, who possesses a valid hunting license, may procure one tag for the taking of one deer by one person during the current license year, upon payment of the base fee of one hundred dollars ($100) for the license year beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years. (c) If provided in regulations adopted by the commission under Section 200, any resident of this state, 12 years of age or over, who possesses a deer tag may procure one additional deer tag for the taking of one additional deer during the current license season, upon payment of the base fee of twelve dollars and fifty cents ($12.50) for the license years beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years. (d) If provided in regulations adopted by the commission under Section 200, any nonresident of this state, 12 years of age or over, who possesses a deer tag may procure one additional deer tag for the taking of one additional deer during the current license season, upon payment of the base fee of one hundred dollars ($100) for the license year beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years. (e) All revenues pursuant to this section shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (Amended by Stats. 2010, Ch. 408, Sec. 8. Effective January 1, 2011.) 4333. Tags are valid only during that portion of the current hunting license year in which deer may be taken or possessed in any area. (Amended by Stats. 2007, Ch. 285, Sec. 86. Effective January 1, 2008.) 4334. (a) The commission shall annually direct the department to authorize, pursuant to Section 1054.8, the sale of not more than 10 deer tags for the purpose of raising funds for programs and projects as set forth in Section 3953. All revenue from the sale of tags pursuant to this section shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. javascript:submitCodesValues('4333.','6.3.4.2','2007','285','86',%20'id a97a87be-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('4334.','6.3.4.2','2010','408','10',%20'id e4b9279a-0698-11e0-bb8e-aff4acffa51b') (b) These tags may be sold to residents or nonresidents of the State of California at auction or by any other method and are not subject to the fees prescribed by Section 4332. (c) These funds shall augment, not supplant, any other funds appropriated to the department for the preservation, restoration, utilization, and management of deer. All revenues derived from the sale of these tags shall be remitted to the department by the seller. (Repealed and added by Stats. 2010, Ch. 408, Sec. 10. Effective January 1, 2011.) 4336. (a) The person to whom a deer tag has been issued shall carry the tag while hunting deer. Upon the killing of any deer, that person shall immediately fill out the tag completely, legibly, and permanently, and cut out or punch out and completely remove notches or punch holes for the month and date of the kill. The deer tag shall be immediately attached to the antlers of antlered deer or to the ear of any other deer and kept attached during the open season and for 15 days thereafter. The holder of the deer tag shall immediately, upon harvesting a deer, notify the department in a manner specified by the commission. (b) Except as otherwise provided by this code or regulation adopted pursuant to this code, it is unlawful to possess any untagged deer. (Amended by Stats. 2007, Ch. 285, Sec. 88. Effective January 1, 2008.) 4340. (a) Any person who is convicted of a violation of any provision of this code, or of any rule, regulation, or order made or adopted under this code, relating to deer shall forfeit his or her deer tags, and no new deer tags shall be issued to that person during the then current license year for hunting licenses. (b) No person described in subdivision (a) may apply for deer tags for the following license year. (Amended by Stats. 2007, Ch. 285, Sec. 89. Effective January 1, 2008.) 4341. Any person legally killing a deer in this state shall have the tag countersigned by a person employed in the department, a person designated for this purpose by the commission, or by a notary public, postmaster, postmistress, peace officer, or an officer authorized to administer oaths, before transporting such deer, except for the purpose of taking it to the nearest person authorized to javascript:submitCodesValues('4336.','6.3.4.2','2007','285','88',%20'id aa0e8a62-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('4340.','6.3.4.2','2007','285','89',%20'id aa57ef74-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('4341.','6.3.4.2','2007','285','90',%20'id aaa0df56-a011-11dc-ae2c-e58b95706686') countersign the tag, on the route being followed from the point where the deer is taken. (Amended by Stats. 2007, Ch. 285, Sec. 90. Effective January 1, 2008.) ARTICLE 3. Archery Deer Hunting [4370 - 4371] ( Article 3 enacted by Stats. 1957, Ch. 456. ) 4370. (a) In every area in which deer may lawfully be taken during the general open season there is an archery season for the taking of deer with bow and arrow. The season for each area shall be as the commission may prescribe, with a minimum interposing interval of three days immediately preceding the regular open season on deer in that area. Except as provided in subdivision (b), a person taking or attempting to take deer during such archery season shall neither carry, nor have under his or her immediate control, any firearm of any kind. (b) A peace officer listed in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow in accordance with subdivision (a), but shall not take or attempt to take deer with the firearm. (Amended by Stats. 2012, Ch. 711, Sec. 1. Effective January 1, 2013.) 4371. The provisions of this code relating to deer shall be applicable to the taking of deer with bow and arrow. (Enacted by Stats. 1957, Ch. 456.) javascript:submitCodesValues('4370.','6.3.4.3','2012','711','1',%20'id da8694e3-46f9-11e2-ac4f-f0351c4cc022') javascript:submitCodesValues('4371.','6.3.4.3','1957','456','',%20'id 6d6216cc-291f-11d9-b345-da121e20f3eb')