Fish and Game Code - Chapter 2 of Part 3 of Division 4; Fur-Bearing Mammals (secs. 4000 - 4043)

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 2. Fur-Bearing Mammals [4000 - 4043] ( Heading of Chapter 2 renumbered from Chapter 1 by Stats. 1957, Ch. 1972. ) ARTICLE 1. Trapping Provisions [4000 - 4012] ( Heading of Article 1 added by Stats. 1979, Ch. 701. ) 4000. The following are fur-bearing mammals: pine marten, fisher, mink, river otter, gray fox, red fox, kit fox, raccoon, beaver, badger, and muskrat. (Amended by Stats. 2007, Ch. 285, Sec. 73. Effective January 1, 2008.) 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. (Amended by Stats. 1959, Ch. 980.) 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. (Enacted by Stats. 1957, Ch. 456.) 4004. It is unlawful to do any of the following: (a) Use a steel-jawed leghold trap, or use any trap with saw-toothed or spiked jaws. (b) Use a body-gripping trap, as defined in subdivision (a) of Section 3003.1, for the purpose of recreation or commerce in fur. (c) Set or maintain traps that do not bear a number or other identifying mark registered to the department or, in the case of a federal, state, county, or city javascript:submitCodesValues('4000.','6.3.2.1','2007','285','73',%20'id a5e6b28a-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('4002.','6.3.2.1','1959','980','',%20'id 6d514d72-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4003.','6.3.2.1','1957','456','',%20'id 6d514d74-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4004.','6.3.2.1','2013','155','1',%20'id fb662cba-6e6b-11e3-8818-ebf46b809fe7') 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. (d) 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. (e) Use a conibear trap that is larger than 6 inches by 6 inches, unless partially or wholly submerged in water. Unless prohibited by the department as a permit condition, a lawfully set conibear trap that is 10 inches by 10 inches or less may be set pursuant to subdivision (g) of Section 465.5 of Title 14 of the California Code of Regulations. (f) When any conibear trap is set on publicly owned land or land expressly open to public use, fail to post signs at every entrance and exit to the property indicating the presence of conibear traps and at least four additional signs posted within a radius of 50 feet of the trap, one in each cardinal direction, with lettering that is a minimum of three inches high stating: “Danger! Traps Set For Wildlife. Keep Out.” Signs shall be maintained and checked daily. (g) Kill any trapped mammal in accordance with this section by intentional drowning, injection with any chemical not sold for the purpose of euthanizing animals, or thoracic compression, commonly known as chest crushing. This subdivision shall not be construed to prohibit the use of lawfully set conibear traps set partially or wholly submerged in water for beaver or muskrat or the use of lawfully set colony traps set in water for muskrat. (Amended by Stats. 2013, Ch. 155, Sec. 1. Effective January 1, 2014.) 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. javascript:submitCodesValues('4005.','6.3.2.1','2007','285','75',%20'id a63101fc-a011-11dc-ae2c-e58b95706686') (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. (Amended by Stats. 2007, Ch. 285, Sec. 75. Effective January 1, 2008.) 4006. (a) A trapping license shall be issued as follows: (1) 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. (2) 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. (3) 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. (b) 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 that a resident of California may take or possess under a nonresident trapping license or permit in the state of residence of that nonresident. javascript:submitCodesValues('4006.','6.3.2.1','2012','565','17',%20'id d73ac541-46f9-11e2-ac4f-f0351c4cc022') (c) The commission shall adjust the amount of the fees specified in subdivision (a), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses. (Amended by Stats. 2012, Ch. 565, Sec. 17. Effective January 1, 2013.) 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. (Amended by Stats. 1979, Ch. 701.) 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. (Amended by Stats. 1974, Ch. 939.) 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. (Amended by Stats. 1983, Ch. 1048, Sec. 2. Effective September 26, 1983.) 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. (Added by Stats. 1974, Ch. 939.) 4010. javascript:submitCodesValues('4007.','6.3.2.1','1979','701','',%20'id 6d52d41c-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4008.','6.3.2.1','1974','939','',%20'id 6d52d41e-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4009.','6.3.2.1','1983','1048','2',%20'id 6d52d420-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4009.5.','6.3.2.1','1974','939','',%20'id 6d52d422-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4010.','6.3.2.1','1957','456','',%20'id 6d52d424-291f-11d9-b345-da121e20f3eb') 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. (Enacted by Stats. 1957, Ch. 456.) 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. (Amended by Stats. 2009, Ch. 294, Sec. 12. Effective January 1, 2010.) 4012. It is unlawful to take any red fox for profitmaking purposes. (Amended by Stats. 2007, Ch. 285, Sec. 76. Effective January 1, 2008.) ARTICLE 2. Fur Dealer License [4030 - 4043] ( Article 2 added by Stats. 1979, Ch. 701. ) 4030. Every person engaging in, carrying on, or conducting wholly or in part the business of buying, selling, trading or dealing in raw furs of fur-bearing mammals or nongame mammals is a fur dealer and shall procure a fur dealer license. No fur dealer license shall be required of a licensed trapper selling raw furs which he has lawfully taken, or a domesticated game breeder selling raw furs of animals which he has raised. (Added by Stats. 1979, Ch. 701.) 4031. javascript:submitCodesValues('4011.','6.3.2.1','2009','294','12',%20'id 295df05d-ebba-11de-aa4f-c3d036d29b9f') javascript:submitCodesValues('4012.','6.3.2.1','2007','285','76',%20'id a679077e-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('4030.','6.3.2.2','1979','701','',%20'id 6d545acc-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4031.','6.3.2.2','1986','1368','17',%20'id 6d545ace-291f-11d9-b345-da121e20f3eb') A revocable fur dealer license shall be issued to any person upon payment of a base fee of seventy dollars ($70), as adjusted under Section 713. (Amended by Stats. 1986, Ch. 1368, Sec. 17.) 4032. Any person who is employed by a licensed fur dealer to engage in the business of buying, selling, trading, or dealing in raw furs only on behalf of the fur dealer and not on his own behalf is a fur agent and shall procure a fur agent license. (Added by Stats. 1979, Ch. 701.) 4033. A revocable fur agent license shall be issued to any person who is employed by a licensed fur dealer upon payment of a base fee of thirty-five dollars ($35), as adjusted under Section 713. (Amended by Stats. 1986, Ch. 1368, Sec. 18.) 4034. A fur dealer license authorizes the person to whom it is issued to buy, sell, barter, exchange, or possess raw furs or parts thereof of 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. (Added by Stats. 1979, Ch. 701.) 4035. A fur dealer or fur agent license shall be shown upon request to any person authorized to enforce the provisions of this code. (Added by Stats. 1979, Ch. 701.) 4036. It shall be unlawful for any fur dealer to purchase the raw fur of any fur-bearing mammal or nongame mammal from any person who does not hold a valid trapping license, fur dealer license, or fur agent license. (Added by Stats. 1979, Ch. 701.) 4037. javascript:submitCodesValues('4032.','6.3.2.2','1979','701','',%20'id 6d545ad0-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4033.','6.3.2.2','1986','1368','18',%20'id 6d545ad2-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4034.','6.3.2.2','1979','701','',%20'id 6d55e174-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4035.','6.3.2.2','1979','701','',%20'id 6d55e176-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4036.','6.3.2.2','1979','701','',%20'id 6d55e178-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4037.','6.3.2.2','1979','701','',%20'id 6d55e17a-291f-11d9-b345-da121e20f3eb') Every fur dealer licensed pursuant to this article shall maintain a true and legible record of any transfer of raw furs to show: (a) The license number, name, and address of the seller. (b) The signature, name, and license number, if applicable, of the buyer. (c) The number and species of raw furs transferred, by county of take. (d) The price paid or terms of exchange. (e) The date of transfer. (f) Such other information as the department may require. (Added by Stats. 1979, Ch. 701.) 4038. The record of sale, exchange, barter, or gift shall be available for inspection at any time by the department. (Added by Stats. 1979, Ch. 701.) 4040. Each licensed fur dealer shall submit an annual report to the department on the sale, exchange, barter, or gift of raw furs, on forms furnished by the department. No license shall be renewed until such a report is received. (Added by Stats. 1979, Ch. 701.) 4041. The receipts, records, and reports required by this article and the information contained therein, shall be confidential, and the records shall not be public records. Any information which is published shall be published in such a manner as to preserve confidentiality of the persons involved. (Added by Stats. 1979, Ch. 701.) 4042. The commission may regulate the business of buying, selling, trading, or dealing in raw furs, or parts thereof, of all fur-bearing mammals or nongame mammals under a fur dealer license. (Added by Stats. 1979, Ch. 701.) 4043. javascript:submitCodesValues('4038.','6.3.2.2','1979','701','',%20'id 6d55e17c-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4040.','6.3.2.2','1979','701','',%20'id 6d55e17e-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4041.','6.3.2.2','1979','701','',%20'id 6d55e180-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4042.','6.3.2.2','1979','701','',%20'id 6d576822-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('4043.','6.3.2.2','1986','1244','5',%20'id 6d576824-291f-11d9-b345-da121e20f3eb') Any license issued under this chapter may be revoked by the commission at one of the commission’s regularly scheduled meetings, upon the licensee’s conviction of a violation of this article. (Amended by Stats. 1986, Ch. 1244, Sec. 5.)