Section § 3950

Explanation

This section lists the animals that are considered game mammals in California. These include deer, elk, prong-horned antelope, various species of bears, mountain lions, rabbits, and tree squirrels. Additionally, Nelson bighorn sheep are classified as game mammals but only for sport hunting purposes. This law will go into effect on July 1, 2024.

(a)CA Fish And Game Code § 3950(a) Game mammals are: 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).
(b)CA Fish And Game Code § 3950(b) Nelson bighorn sheep (subspecies Ovis canadensis nelsoni) are game mammals only for the purposes of sport hunting described in subdivision (b) of Section 4902.
(c)CA Fish And Game Code § 3950(c) This section shall become operative on July 1, 2024.

Section § 3950.1

Explanation

This law makes it clear that mountain lions cannot be classified as game animals in California. This means they cannot be hunted as game animals. Additionally, the law ensures that no other regulations can override this rule, ensuring mountain lions remain protected from being hunted as game.

(a)CA Fish And Game Code § 3950.1(a) Notwithstanding Section 3950 or any other provision of this code, the mountain lion (genus Felis) shall not be listed as, or considered to be, a game mammal by the department or the commission.
(b)CA Fish And Game Code § 3950.1(b) Section 219 does not apply to this section. Neither the commission nor the department shall adopt any regulation that conflicts with or supersedes this section.

Section § 3951

Explanation

This law allows for the controlled relocation and management of tule elk in California. When moving elk, the department must work closely with federal and local agencies, as well as private property owners. The goal is to place the elk in environments where they can thrive. If tule elk cause property or environmental damage, the department can manage the herd through relocation, hunting, or other methods, following the elk management plan. In Owens Valley, the tule elk population must not exceed 490, unless a different capacity is set based on game management principles.

The commission may authorize the taking of tule elk pursuant to Section 332. When relocating tule elk, the department shall relocate the elk in areas suitable to them in the state and shall 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. When property or environmental damage occurs, emphasis shall be placed on managing each tule elk herd at a biologically sound level through the use of relocation, regulated hunting, or other appropriate methods, individually or in combination, as determined by the department in accordance with the statewide elk management plan developed pursuant to Section 3952, after consulting with local landowners.
The number of tule elk in the Owens Valley shall not be permitted to increase beyond 490, or any greater number hereafter determined by the department to be the Owens Valley’s holding capacity in accordance with game management principles.

Section § 3952

Explanation

This law requires the development of a comprehensive plan to manage elk populations throughout California, ensuring their long-term sustainability. The plan will consider various factors like the characteristics and habitats of different elk subspecies such as Roosevelt, Rocky Mountain, and tule elk. It will also look at habitat conditions, significant factors affecting elk, necessary management activities, high priority areas for management, and methods to evaluate population health and sustainable levels. Additionally, specific contents for managing elk in priority areas will be described.

The department shall develop a statewide elk management plan, consistent with the state’s wildlife policy as set forth in Section 1801. The statewide elk management plan shall emphasize maintaining sufficient elk populations in perpetuity, while considering all of the following:
(a)CA Fish And Game Code § 3952(a) Characteristics and geographic range of each elk subspecies within the state, including Roosevelt elk, Rocky Mountain elk, and tule elk.
(b)CA Fish And Game Code § 3952(b) Habitat conditions and trends within the state.
(c)CA Fish And Game Code § 3952(c) Major factors affecting elk within the state, including, but not limited to, conflicts with other land uses.
(d)CA Fish And Game Code § 3952(d) Management activities necessary to achieve the goals of the plan and to alleviate property damage.
(e)CA Fish And Game Code § 3952(e) Identification of high priority areas for elk management.
(f)CA Fish And Game Code § 3952(f)Methods for determining population viability and the minimum population level needed to sustain local herds.
(g)CA Fish And Game Code § 3952(g) Description of the necessary contents for individual herd management plans prepared for high priority areas.

Section § 3953

Explanation

This law establishes the Big Game Management Account within the Fish and Game Preservation Fund. Money from selling tags for animals like antelope, elk, deer, bear, and sheep, as well as wild pig validations, goes into this account. A portion of these sale funds comes from nonprofit auctions, with 95% of the sale price sent to the state. The money is used, as approved by the Legislature, to acquire land, run projects, and expand hunting opportunities for big game animals.

This may include buying land for conservation that allows public hunting access. Grants and agreements can also be made with various entities, including nonprofits and tribes, to support these activities while reflecting biodiversity goals. An advisory committee helps ensure funds are used appropriately, and the department must manage funds responsibly. The law becomes effective on July 1, 2024.

(a)CA Fish And Game Code § 3953(a) The Big Game Management Account is hereby established within the Fish and Game Preservation Fund.
(b)CA Fish And Game Code § 3953(b) Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or validations, shall 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 shall 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.
(c)CA Fish And Game Code § 3953(c) Funds deposited into the Big Game Management Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purposes set forth in this section and Sections 3951 and 3952, and Chapter 5 (commencing with Section 450) of Division 1, Chapter 7 (commencing with Section 4650), and Chapter 11 (commencing with Section 4900), including acquiring land, completing projects, implementing programs to benefit antelope, elk, deer, bear, and sheep, or the use of hunting to manage wild pigs, and expanding public hunting opportunities and related public outreach. Any land acquired with funds from the Big Game Management Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for antelope, elk, deer, wild pig, bear, and sheep hunting. The department may also use funds from the Big Game Management Account to pay for administrative and enforcement costs of the programs and activities described in this section. The amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with administration of the programs and activities described in this section.
(d)CA Fish And Game Code § 3953(d) The department may make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, 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.
(e)CA Fish And Game Code § 3953(e) An advisory committee, as determined by the department, that includes interested nonprofit organizations that have goals and objectives directly related to the management and conservation of big game species and primarily represent the interests of persons licensed pursuant to Section 3031 shall review and provide comments to the department on all proposed projects funded from the Big Game Management Account to help ensure that the requirements of this section are met. The department shall post budget information and a brief description on an internet website for all projects funded from the Big Game Management Account.
(f)CA Fish And Game Code § 3953(f) A big game project authorized pursuant to this section is not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(g)CA Fish And Game Code § 3953(g) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of funds specified in this section.
(h)CA Fish And Game Code § 3953(h) This section shall become operative on July 1, 2024.

Section § 3960

Explanation

This law makes it illegal for dogs to chase or pursue certain wild animals during certain times, including bears and bobcats, at any time or in protected areas. The wildlife department can capture dogs not under control if they are breaking this rule by chasing big game, bears, bobcats, or protected animals. Additionally, if a dog is hurting or about to hurt these animals, the department can capture or eliminate the dog. Department employees enforcing these rules are not liable for any legal consequences. This law does not affect law enforcement officials using dogs for their duties, and if a captured dog has ID, the owner must be notified within 72 hours.

(a)CA Fish And Game Code § 3960(a) As used in this section:
(1)CA Fish And Game Code § 3960(a)(1) “Pursue” means pursue, run, or chase.
(2)CA Fish And Game Code § 3960(a)(2) “Bear” means any black bear (Ursus americanus) found in the wild in this state.
(b)CA Fish And Game Code § 3960(b) 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.
(c)CA Fish And Game Code § 3960(c) The department may take any of the following actions:
(1)CA Fish And Game Code § 3960(c)(1) Capture any dog not under the reasonable control of its owner or handler, when that uncontrolled dog is pursuing, in violation of this section, any of the following mammals:
(A)CA Fish And Game Code § 3960(c)(1)(A) A big game mammal.
(B)CA Fish And Game Code § 3960(c)(1)(B) A bear or bobcat.
(C)CA Fish And Game Code § 3960(c)(1)(C) A fully protected, rare, or endangered mammal.
(2)CA Fish And Game Code § 3960(c)(2) Capture or dispatch any dog inflicting injury or immediately threatening to inflict injury to any of the following mammals, under the specified conditions:
(A)CA Fish And Game Code § 3960(c)(2)(A) A big game mammal, during the closed season on that mammal.
(B)CA Fish And Game Code § 3960(c)(2)(B) A bear or bobcat, at any time.
(C)CA Fish And Game Code § 3960(c)(2)(C) A fully protected, rare, or endangered mammal, at any time.
(D)CA Fish And Game Code § 3960(c)(2)(D) A mammal in a game refuge or ecological reserve, if hunting within that refuge or ecological reserve is unlawful.
(d)CA Fish And Game Code § 3960(d) No criminal or civil liability shall accrue to any department employee as a result of enforcement of this section.
(e)CA Fish And Game Code § 3960(e) This section does not apply to the use of dogs to pursue bears or bobcats by federal, state, or local law enforcement officers, or their agents or employees, when carrying out official duties as required by law.
(f)CA Fish And Game Code § 3960(f) If a dog captured or dispatched pursuant to this section has identification, its owner shall be notified within 72 hours after capture or dispatch.

Section § 3960.2

Explanation

This law outlines specific conditions for using dogs to pursue bears or bobcats under a depredation permit. You can use up to three dogs, but only if you've tried nonlethal methods first and can explain why dogs are necessary. The permit allows for taking one animal within 20 days and names any dog handlers involved. Handlers must stay within a mile of the incident property and carry the permit at all times. If a bear is taken, its skull must be submitted to the authorities. Selling bear parts is prohibited, and you can't be paid for using the permit. Within 30 days, you must report the results of the permit's use to the department.

(a)CA Fish And Game Code § 3960.2(a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960.
(b)CA Fish And Game Code § 3960.2(b) Notwithstanding Section 3960, not more than three dogs may be used to pursue bears or bobcats pursuant to a depredation permit issued by the department, if all of the following conditions are met:
(1)CA Fish And Game Code § 3960.2(b)(1) The applicant demonstrates, in writing, that nonlethal and avoidance measures were undertaken prior to requesting the depredation permit.
(2)CA Fish And Game Code § 3960.2(b)(2) The applicant demonstrates, in writing, the specific need for the use of dogs in carrying out the depredation permit.
(3)CA Fish And Game Code § 3960.2(b)(3) The depredation permit authorizing the use of dogs is valid for the take of one bear or one bobcat.
(4)CA Fish And Game Code § 3960.2(b)(4) The depredation permit authorizing the use of dogs is valid for a period not to exceed 20 consecutive days.
(5)CA Fish And Game Code § 3960.2(b)(5) The depredation permit specifies the name and address of any dog handler who will be utilized in the pursuit or taking.
(6)CA Fish And Game Code § 3960.2(b)(6) The dog handler has the depredation permit in his or her possession at all times during the pursuit or taking.
(7)CA Fish And Game Code § 3960.2(b)(7) The dog handler does not pursue a bear or bobcat more than one mile off the property on which the depredation activity occurred.
(c)CA Fish And Game Code § 3960.2(c) 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, as described in Section 4758.
(d)CA Fish And Game Code § 3960.2(d) No holder of a depredation permit may solicit or receive compensation from any person in exchange for carrying out the terms of the permit. For these purposes, “compensation” means remuneration paid in money, property, or anything else of value.
(e)CA Fish And Game Code § 3960.2(e) The holder of a depredation permit, within 30 days of its issuance, shall report to the department detailing the use of the permit and the results of any pursuits, including information about bear or bobcat pursued and whether the bear or bobcat was or was not harmed, but not killed.

Section § 3960.4

Explanation

This section explains that, even though Section 3960 generally prohibits pursuing bears and bobcats with dogs, certain groups like researchers or educational institutions can be authorized by the department for scientific research purposes. This is only allowed if the research aims to help understand wildlife ecosystems, follows best practices, supports the survival of these animals, and avoids harming or improperly relocating them.

Any authorized research must follow a formal agreement detailing how animals are handled, qualifications for supervisors, procedures for handling animal injury or death, and reporting requirements. The public must be informed at least 30 days before a research project starts and can request specific documents related to the project.

(a)CA Fish And Game Code § 3960.4(a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960.
(b)CA Fish And Game Code § 3960.4(b) Notwithstanding Section 3960, 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 all of the following:
(1)CA Fish And Game Code § 3960.4(b)(1) Contribute to knowledge of natural wildlife ecosystems.
(2)CA Fish And Game Code § 3960.4(b)(2) Follow best practices and minimize disruptions in the lives and movements of bears, bobcats, and other wildlife, as well as impacts to the habitat while maintaining the applicant’s objectives.
(3)CA Fish And Game Code § 3960.4(b)(3) Directly or indirectly support the sustainability and survival of bear or bobcat populations and healthy ecosystems.
(4)CA Fish And Game Code § 3960.4(b)(4) Not include the intentional injury or killing of any bear or bobcat.
(5)CA Fish And Game Code § 3960.4(b)(5) Not include the intentional relocation of any bear or bobcat other than to areas suitable to them in the state. Any relocation shall comply with the requirements of Section 4190.
(c)CA Fish And Game Code § 3960.4(c) Any research project authorized pursuant to subdivision (b) shall be undertaken pursuant to a memorandum of understanding between the department and the authorized research entity that addresses all of the following:
(1)CA Fish And Game Code § 3960.4(c)(1) Trapping and anesthetizing of the animals pursued, collection of diagnostic samples, attaching or surgically implanting monitoring or recognition devices or markings, and providing veterinary care or euthanasia, as required, for the health, safety, and humane treatment of the animals.
(2)CA Fish And Game Code § 3960.4(c)(2) Qualifications of onsite field supervisors necessary for carrying out authorized research procedures.
(3)CA Fish And Game Code § 3960.4(c)(3) Immediate reporting of any incidental mortality or injury to a bear or bobcat as a result of authorized research activities. Reports of any incidental mortality or injury to a bear or bobcat shall be made available to the public upon request.
(4)CA Fish And Game Code § 3960.4(c)(4) Filing of annual and final progress reports of research involving pursuit by dogs. Annual and final progress reports shall be made available to the public upon request.
(d)CA Fish And Game Code § 3960.4(d) The department shall provide notice to the public of any bear or bobcat research project authorized pursuant to subdivision (b) at least 30 days prior to its initiation, and, upon request, shall make available to the public copies of the memorandum of understanding between the department and the authorized research entity required pursuant to subdivision (c).

Section § 3960.6

Explanation

This law says that despite other rules, dogs can chase bears or bobcats if they are protecting livestock or crops on property owned or rented by the dog's owner. The dogs need to stay close to the animals or crops they're guarding.

(a)CA Fish And Game Code § 3960.6(a) As used in this section, the terms “bear” and “pursue” have the same meanings as defined in Section 3960.
(b)CA Fish And Game Code § 3960.6(b) Notwithstanding Section 3960, 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

Explanation

This law allows property owners or their employees to capture or kill a dog on their property if it threatens deer, elk, or prong-horned antelope during the closed hunting season, but only when there's no department employee present to handle the situation. If the dog has an identification tag, it can only be killed if it has previously threatened these animals and the owner was informed of this threat.

No legal consequences will arise for the lawful capture or killing of such a dog under this rule. Moreover, if the dispatched or seized dog had an ID tag, the owner must be informed within 72 hours.

(a)CA Fish And Game Code § 3961(a) Whenever an employee of the department is not present to carry out the provisions of Section 3960 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. If the dog has on it any readily visible identification tag or license tag as prescribed by Section 30951 of the Food and Agricultural Code, and the dog is found in the act of immediately threatening to injure deer, elk, or prong-horned antelope, the dog may only be dispatched under this section if the dog has, and the owner has been notified that the dog has, previously threatened any of these species.
(b)CA Fish And Game Code § 3961(b) No action, civil or criminal, shall be maintained for a dog lawfully seized or dispatched pursuant to this section.
(c)CA Fish And Game Code § 3961(c) The owner of a dog shall be notified within 72 hours of the seizure or dispatching of that dog under this section if it had the identification tag or license tag which is required pursuant to Section 30951 of the Food and Agricultural Code.