Game Mammals

Division 4, Part 3, Chapter 1 of the Fish and Game Code deals with game mammals in the State of California.

Section 3950 defines game mammals as deer (genus Odocoileus), elk (genus Cervus), prong-horned antelope (genus Antilocapra), black and brown or cinnamon bears (genus Euarctos), mountain lions (genus Felis), jackrabbits and varying hares (genus Lepus), cottontails, brush rabbits, and pygmy rabbits (genus Sylvilagus), and tree squirrels (genus Sciurus and Tamiasciurus).

Section 3950.1 prohibits the mountain lion (genus Felis) from being listed as, or considered to be, a game mammal by the department or the commission.

Section 3951 allows the commission to authorize the taking of tule elk. When relocating tule elk, the department must relocate the elk in areas suitable to them in the state and cooperate to the maximum extent possible with federal and local agencies and private property owners in relocating tule elk in suitable areas under their jurisdiction or ownership.

Section 3952 requires the department to develop a statewide elk management plan, consistent with the state’s wildlife policy. The statewide elk management plan must emphasize maintaining sufficient elk populations in perpetuity, while considering seven specified criteria,

Section 3953 established the Big Game Management Account within the Fish and Game Preservation Fund. All revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or validations, are to be deposited into the Big Game Management Account to permit separate accountability for the receipt and expenditure of these funds.

Within 30 days of the date of the sale, the selling nonprofit organization is required to send the department 95 percent of the total auction sale price of the tag or validations, with an itemized receipt showing the sale price and the 5-percent reduction retained by the nonprofit organization as a vendor’s fee. Funds deposited into the Big Game Management Account are available for expenditure upon appropriation by the Legislature to the department.

The department may make grants to, reimburse, or enter into contracts or other agreements, with public and private entities, including nonprofit organizations, and federally recognized Indian tribes for the use of the funds from the Big Game Management Account to carry out the purposes of this section, including related habitat conservation projects. In acting pursuant to that authorization, the department shall consider the state’s biodiversity goals.

Section 3960 defines the terms “pursue” and “bear.” It is unlawful to permit or allow any dog to pursue any big game mammal during the closed season on that mammal, to pursue any fully protected, rare, or endangered mammal at any time, to pursue any bear or bobcat at any time, or to pursue any mammal in a game refuge or ecological reserve if hunting within that refuge or ecological reserve is unlawful. The department is authorized to specified actions.

Section 3960.2 defines the terms “bear” and “pursue.” Not more than three dogs may be used to pursue bears or bobcats pursuant to a depredation permit issued by the department, if all seven of the specified conditions are met. After any taking of a bear, the applicant is required to submit the skull to the department as described in the department’s Black Bear Management Plan. No part of any bear taken pursuant to a depredation permit may be sold, purchased, or possessed for sale.

Section 3960.4 defines the terms “bear” and “pursue.” The department may authorize qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to use dogs to pursue bears or bobcats for the purpose of scientific research, provided that the research project is designed to do five specified items. Any research project is to be undertaken pursuant to a memorandum of understanding between the department and the authorized research entity that addresses four specified requirements.

Section 3960.6 defines the terms “bear” and “pursue.” The pursuit of bears or bobcats by dogs that are guarding or protecting livestock or crops on property owned, leased, or rented by the owner of the dogs, is not prohibited if the dogs are maintained with, and remain in reasonable proximity to, the livestock or crops being guarded or protected.

Section 3961 provides that, whenever an employee of the department is not present to carry out the provisions of law with respect to any dog inflicting injury or immediately threatening to inflict injury to any deer, elk, or prong-horned antelope during the closed season for these mammals, any property owner, lessee, person holding a permit for the purpose of grazing livestock, or their employee, may seize or dispatch the dog if it is found on their land or premises without the permission of the person who is in immediate possession of the land.