§ 401. Issuance of Permit to Take Animals Causing Damage.
14 CA ADC § 401Barclays Official California Code of Regulations
14 CCR § 401
§ 401. Issuance of Permit to Take Animals Causing Damage.
(a) Application. A person who is a property owner or tenant may apply to the department for a permit to take elk, bear, bobcat, beaver, wild pigs, deer, wild turkeys, or gray squirrels that are damaging or destroying, or immediately threatening to damage or destroy, land or property. A bobcat in the act of injuring or killing livestock may be taken immediately provided the property owner or tenant applies for a permit from the department the next working day following the take.
(1) Animals taken pursuant to a permit may be taken in any legal manner except as herein provided and in accordance with the provisions of Section 465.5 of these regulations. Permits to take deer shall include conditions that comply with Fish and Game Code section 4181.5. Permits to take bear and bobcat with dogs shall include conditions that comply with Fish and Game Code Section 3960.2. No steel-jawed leghold traps may be used to take mammals, and no iron-jawed or any type of metal-jawed traps may be used to take squirrels or bears. No poison may be used. The department may specify the caliber and type of firearm and ammunition, archery equipment or crossbow to be used. The department may require that a permittee take animals alive by the use of live traps.
(1) An employee of a federal, State, or local government agency or local district with responsibilities including but not limited to animal control, animal damage control, irrigation, flood, or natural resource reclamation, while acting in his/her official capacity may take depredating animals on the property designated in a permit issued pursuant to this section.
(2) The permittee may designate up to three other persons, including any dog handler who will be utilized in any pursuit, as his/her agents to take animals under the terms of the permit. A designated agent shall be any person who is acting under the direction and control of the permittee and who is 21 years of age or older. The designated agent(s) shall be named on the permit. The permittee may substitute designated agents with prior written approval of the department.
(f) Persons Prohibited from Taking Animals. No person shall take animals pursuant to the permit if he/she has been convicted of a violation related to the take or possession of game or furbearing mammals in the past 24 months or if he/she is on probation and may not hunt or possess a firearm as part of the terms of probation. A landowner who is on probation and may not hunt or possess a firearm as part of the terms of probation shall designate a qualified agent to take animals under a permit.
(1) Holders of permits authorizing take of wild pigs shall provide a report listing the date and sex of each wild pig taken. A report shall be submitted whether or not any animals were taken. The reporting period shall be by calendar month. The permittee or designated agent shall complete and submit the report to the department on or before the 15th day of the following month. Reports shall be submitted to the address provided by the department.
(2) Holders of permits authorizing the use of dogs to take bear or bobcat shall comply with the requirements of Fish & Game Code section 3960.2 and shall submit a report to the department within 30 days of permit issuance. Reports shall be submitted to the address provided by the department. Reports shall include the following information:
(h) Tagging Animals. All animals taken pursuant to a permit, except wild pigs, shall be immediately tagged with tags provided by the department. Wild pigs shall be tagged prior to being transported from the property designated in the permit. Tags for animals except wild pigs shall be completed at the time the animal is taken. Tags for wild pigs shall be completed before the wild pigs are removed from the property. Tags shall clearly show the permittee's name, address, date and location the animal was taken and shall include the signature of the person taking the animal. The report portion of each tag shall be mailed to the department without delay. No tags are required for squirrels or beavers.
(i) Utilization of Carcass. Animals taken pursuant to this permit must be disposed of as required in the permit. No animals, except wild pigs, may be utilized by the permittee or designated agent. The permittee or designated agent may leave the carcass of any wild pig where it was taken for reasons of high air temperatures, disease, parasites, or conditions which preclude use of the carcass. A person who makes every reasonable attempt to utilize the carcass of any wild pig as required in this subsection shall be deemed to be in compliance with Section 4304 of the Fish and Game Code.
(1) Permits may be suspended temporarily by the director for a breach or violation of the permit by the holders thereof, their agents, servants, employees or any person acting under their direction and control. The commission shall be notified of any such suspension and subsequently may revoke or reinstate the permit, or fix the period of its suspension, after written notice to the permittee and the permittee has been afforded an opportunity to be heard.
(2) Any person who has had his/her permit revoked or suspended by the commission shall be required, upon application for a new or subsequent permit, to appear before the commission and demonstrate to its satisfaction that the use of such a permit will be consistent with depredation control, with these regulations, and with the laws under which they are promulgated.
Note: Authority cited: Sections 200, 265, 1050, 3960.2, 4150, 4181 and 4181.5, Fish and Game Code. Reference: Sections 3003.1, 3960, 3960.2, 4150, 4152, 4181 and 4181.5, Fish and Game Code.
1. New subsection (p) filed 6-17-83; designated effective tenth day thereafter (Register 83, No. 25).
2. Amendment of subsections (a) and (f) filed 8-17-87; operative 8-17-87 (Register 87, No. 34).
3. Change without regulatory effect amending subsection (a) filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
4. Repealer of subsections (p)-(p)6. and new subsections (p)-(p)(5) and amendment of Note filed 5-1-97; operative 5-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 18).
5. Amendment of subsections (a), (f), (l) and (p)(1) and amendment of Note filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).
6. Amendment of subsections (e)-(f) and (p)(1)(B)-(p)(4), new subsections (p)(5)-(6) and subsection renumbering filed 5-21-2001; operative 6-1-2001 pursuant to Fish and Game Code sections 202 and 215 (Register 2001, No. 21).
7. Repealer and new section filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26).
8. Amendment of subsections (a)-(c) and (d)(1), repealer of subsection (d)(2), subsection renumbering and amendment of newly designated subsection (d)(2) and subsections (g) and (h) filed 5-23-2006; operative 5-23-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
9. Editorial correction of subsection (d)(2) (Register 2006, No. 28).
10. Amendment of section and Note filed 10-2-2013; operative 11-1-2013 pursuant to Government Code section 11343.4(b)(4)(A) (Register 2013, No. 40).
11. Change without regulatory effect amending Note filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).
This database is current through 5/19/23 Register 2023, No. 20.
Cal. Admin. Code tit. 14, § 401, 14 CA ADC § 401
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