Trapping in California

Fish and Game Code Division 4, Part 3, Chapter 2, Article 1 deals with trapping provisions related to fur-bearing mammals in California.

Section 4000 names the fur-bearing mammals: pine marten, fisher, mink, river otter, gray fox, red fox, kit fox, raccoon, beaver, badger, and muskrat.

Section 4001 makes it 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.

Section 4002 provides that 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.

Section 4003 makes it unlawful to use poison to take fur-bearing mammals without a permit from the department. The department may issue a permit upon a written application indicating the kind of poison desired to be used and the time and place of use.

Section 4004 makes it unlawful to do six specified activities.

Section 4005 provides that every person who traps fur-bearing mammals or nongame mammals, designated by the commission, is required to procure a trapping license. Raw fur of fur-bearing and nongame mammals may not be sold. The term “raw fur” is defined.

The department is required to develop standards that are necessary to ensure the competence and proficiency of applicants for a trapping license. A person cannot be issued a license until the person has passed a test of their knowledge and skill in this field. Persons trapping mammals are not required to procure a trapping license except when providing trapping services for profit.

No raw furs taken by persons providing trapping services for profit may be sold. The license requirement imposed by this section does not apply to any of three specified persons.

Section 4006 requires a trapping license to be issued as set forth in this section.

Section 4007 states that 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.

Section 4008 prohibits any trapping license from being 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.

Section 4009 makes it 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.

Section 4009.6 allows the commission to adopt regulations as it determines to be necessary to regulate the taking of fur-bearing mammals or nongame mammals taken under a trapping license.

Section 4010 states that 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.

Section 4011 provides that 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 six specified agencies.

Section 4012 makes it unlawful to take any red fox for profitmaking purposes.