Section 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.(b) Permit Period. (1) Permits issued pursuant to this section for beaver or gray squirrel shall be valid for a period not to exceed one year.(2) Permits issued pursuant to this section for bobcat, elk, bear, wild turkey, or deer shall be valid for a period not to exceed 60 consecutive days.(3) Permits issued pursuant to this section authorizing the use of dogs for bear or bobcat shall authorize no more than three dogs and shall be valid for a period not to exceed 20 consecutive days.(4) Permits may be renewed if damage or threatened damage to land or property continues to exist.(5) Permits issued pursuant to this section for wild pig may be valid for a period of time as determined by the department, not to exceed 5 years.(c) Required Information and Conditions of Permit. (1) The department shall collect the following information before issuing a depredation permit: (A) The name, mailing address, and contact information of the property owner, including telephone, facsimile, and email. If the owner is a business entity, contact information for the person acting on behalf of the business.(B) The name, mailing address, and contact information of the tenant (if applicable), including telephone, facsimile, and email.(C) The name, mailing address, and contact information of any dog handlers or agents as described in subdivision (e), including telephone, facsimile, and email.(D) The county and address of the location of the damage caused by depredation, or the nearest landmark or cross streets.(E) A full description of the land or property damaged, destroyed, or immediately threatened, and the date the damage or threat occurred.(F) The species suspected of damaging, destroying, or threatening land or property, and the method of identifying the species.(G) A description of all non-lethal or less-lethal measures undertaken to prevent damage caused by animals prior to requesting the permit.(H) A description of corrective actions that will be implemented to prevent future occurrence of the damage.(I) The proposed method of take.(J) Whether dogs will be used to pursue or take the animal, and if so, why dogs are needed, and the number of dogs to be used.(2) The department may add terms and conditions to the permit necessary to protect wildlife and ensure public safety. To be valid, the permit shall contain a statement signed by the applicant that he/she has read, understands, and agrees to be bound by all the terms of the permit.(d) Methods of 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.(2) The permittee and/or agent shall ensure that all animals are killed in a humane manner instantly and prevent any injured animal from escaping.(e) Government Employees and Designated Agents.(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.(g) Reports Required. (1) Holders of permits authorizing take of wild pigs shall provide a report listing the permit holder or entity name and number of wild pigs taken by month, by county. A report shall be submitted whether or not any animals were taken. The reporting period shall be once annually, by license year, on or before July 31 for the period extending from June 1 to May 31 of the previous year. The permittee or designated agent shall complete and submit the report to the department. Reports shall be submitted to the address provided by the department or using the Wildlife Incident Reporting System.(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: (A) Date of kill and the sex of any bear or bobcat that was killed.(B) Details regarding all pursuits, including any information about a pursued bear or bobcat, even if the animal was not killed.(C) An explanation of why any pursued bear or bobcat was not killed, and whether such bear or bobcat was harmed.(h) Tagging Animals. All animals taken pursuant to a permit shall be immediately tagged with tags provided by the department. 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, beavers, or wild pigs.(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. (1) After any taking of bear, the permittee or agent shall comply with Section 367.5 of these regulations, except the skull shall not be returned to the permittee or agent.(j) Suspension and Revocation of Permits. (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.(k) It is unlawful for a permittee or agent to violate any of the terms or conditions of a permit issued pursuant to this section.(l) The permit does not invalidate any city, county, or state firearm regulation.Cal. Code Regs. Tit. 14, § 401
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.
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).
12. Amendment of subsection (b)(1), new subsection (b)(5) and amendment of subsections (g)(1) and (h)-(i) filed 5-29-2024; operative 7/1/2024 (Register 2024, No. 22).