§4000 . Fur-Bearing Mammals Specified
§4001 . Trapping for purposes of recreation or commerce in fur; sale of raw fur prohibited
§ 4002 . Mode of taking
§ 4003 . Permit for use of poison
§ 4004 . Use of traps
§4005 . Trapping License; Competence and Proficiency of Applicants; Test of Knowledge and Skill; Trapping Services for Profit; Raw Furs; Exemptions
§ 4006 . Issuance; fee
§ 4007 . Term and scope of license
§ 4008 . Report of mammals taken
§4009 . Removal or Disturbance of Traps
§ 4009.5 . Regulations
§ 4010 . Propagation of fur-bearing mammals permitted
§ 4011 . Taking mammals involved in disease outbreaks
§ 4000. Fur-Bearing Mammals Specified
The following are fur-bearing mammals: pine marten, fisher, mink, river otter, gray fox, red fox, kit fox, raccoon, beaver, badger, and muskrat.
CREDIT(S)
(Stats.1957, c. 456, p. 1380, § 4000. Amended by Stats.1957, c. 1972, p. 3520, § 42; Stats.1967, c. 100, p. 1013, § 1; Stats.2007, c. 285 (A.B.1729), § 73.)
§ 4001. Trapping for purposes of recreation or commerce in fur; sale of raw fur prohibited
Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any fur-bearing mammal for purposes of recreation or commerce in fur. The raw fur of a fur-bearing mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code may not be sold.
Credits
(Added by Stats.2019, c. 216 (A.B.273), § 5, eff. Jan. 1, 2020.)
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.
CREDIT(S)
(Stats.1957, c. 456, p. 1380, § 4002, Amended by Stats.1959, c. 980, p. 3007, § 1.)
§ 4003. Permit for use of poison
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.
CREDIT(S)
(Stats.1957, c. 456, p. 1380, § 4003.)
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) Set or maintain a trap that does not bear a number or other identifying mark as provided in this subdivision. If the trap is set pursuant to Section 4152 or 4180, it shall bear an identifying mark in a manner specified by the department. In all other cases, the trap shall 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. No registration fee shall be charged pursuant to this subdivision.
(c) 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, the owner of the land where the trap is set, or an agent of either.
(d)(1) Use a conibear trap that is larger than 6 inches by 6 inches, unless partially or wholly submerged in water.
(2) Notwithstanding paragraph (1), 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, unless prohibited by the department as a permit condition.
(e) When any conibear trap is set on publicly owned land or land expressly open to public use, fail to post signs at each entrance and exit to the property indicating the presence of conibear traps and at least four additional signs within a radius of 50 feet of each 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 required to be posted by this subdivision shall be maintained and checked daily.
(f) 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 does not apply to the use of a lawfully set conibear trap that is set partially or wholly submerged in water to trap beaver or muskrat, or the use of a lawfully set colony trap that is set in water to trap muskrat.
Credits
(Stats.1957, c. 456, p. 1380, § 4004. Amended by Stats.1974, c. 939, p. 1960, § 1; Stats.1982, c. 1534, § 1; Stats.1983, c. 703, § 1, eff. Sept. 11, 1983; Stats.1988, c. 450, § 1; Stats.1989, c. 890, § 1; Stats.2013, c. 155 (A.B.789), § 1; Stats.2019, c. 216 (A.B.273), § 6, eff. Jan. 1, 2020; Stats.2023, c. 132 (A.B.1760), § 82, eff. Jan. 1, 2024.)
§ 4005. Trapping License; Competence and Proficiency of Applicants; Test of Knowledge and Skill; Trapping Services for Profit; Raw Furs; Exemptions
(a) Except as otherwise provided in this section, every person who traps fur-bearing mammals or nongame mammals, designated by the commission, shall procure a trapping license. Raw fur of fur-bearing and nongame mammals may not be sold. For purposes of this article, “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. A person shall not be issued a license until the person has passed a test of their 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.
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(Stats.1957, c. 456, p. 1380, § 4005. Amended by Stats.1974, c. 939, p. 1961, § 2; Stats.1979, c. 701, p. 2177, § 2; Stats.1982, c. 1534, § 2; Stats.1989, c. 890, § 2; Stats.2002, c. 571 (S.B.1645), § 1; Stats.2006, c. 406 (A.B.87), § 1; Stats.2007, c. 285 (A.B.1729), § 75; Stats.2019, c. 216 (A.B.273), § 7, eff. Jan. 1, 2020.)
(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.
(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.
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(Stats.1957, c. 456, p. 1380, § 4006. Amended by Stats.1959, c. 248, p. 2152, § 6, operative July 1, 1960; Stats.1959, c. 270, p. 2172, § 6, operative July 1, 1960; Stats.1974, c. 939, p. 1961, § 3; Stats.1982, c. 1534, § 3; Stats.1985, c. 1463, § 19; Stats.1986, c. 1368, § 16; Stats.1988, c. 450, § 2; Stats.2012, c. 565 (S.B.1148), § 17.)
§ 4007. Term and scope of license
A trapping license authorizes the person to whom it is issued to take fur-bearing mammals and nongame mammals for a term of one year from July 1st, or if issued after the beginning of the term, for the remainder of the term.
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(Stats.1957, c. 456, p. 1380, § 4007. Amended by Stats.1974, c. 939, p. 1961, § 1; Stats.1979, c. 701, p. 2177, § 3; Stats.2019, c. 216 (A.B.273), § 8, eff. Jan. 1, 2020.)
§ 4008. Report of mammals taken
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 the applicant 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.
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(Stats.1957, c. 456, p. 1381, § 4008. Amended by Stats.1968, c. 76, p. 225, § 1; Stats.1974, c. 939, p. 1961, § 5; Stats.2019, c. 216 (A.B.273), § 9, eff. Jan. 1, 2020.)
§ 4009. Removal or Disturbance of Traps
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.
CREDIT(S)
(Stats.1957, c. 456, p. 1381, § 4009. Amended by Stats.1983, c. 1048, c. 1048, § 2, eff. Sept. 26, 1983.)
The commission may adopt regulations as it determines to be necessary to regulate the taking of fur-bearing mammals or nongame mammals taken under a trapping license.
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(Added by Stats.1974, c. 939, p. 1962, § 6. Amended by Stats.2019, c. 216 (A.B.273), § 10, eff. Jan. 1, 2020.)
§ 4010. Propagation of fur-bearing mammals permitted
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.
CREDIT(S)
(Stats.1957, c. 456, p. 1381, § 4010.)
§ 4011. Taking mammals involved in disease outbreaks
(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.
CREDIT(S)
(Added by Stats.1957, c. 1972, p. 1381, § 43. Amended by Stats.1971, c. 1593, p. 3236, § 48, operative July 1, 1973; Stats.1974, c. 939, p. 1962, § 7; Stats.1977, c. 1252, p. 4323, § 86, operative July 1, 1978; Stats.2009, c. 294 (A.B.1442), § 12 . )