Section § 4800

Explanation

This section establishes that mountain lions are specially protected animals in California. It is illegal to harm, possess, or sell mountain lions, except in specific situations detailed in this law.

These exceptions include having a mountain lion or its products from before June 6, 1990, or possessing them for scientific or educational purposes if approved by the department.

If someone takes or harms a mountain lion in self-defense or defense of others, they are not guilty under this law. Violating these rules can result in a fine up to $10,000, a jail term up to a year, or both. The regulations under Section 219 do not apply here, and no additional regulations conflicting with this chapter can be made.

(a)CA Fish And Game Code § 4800(a) The mountain lion (genus Puma) is a specially protected mammal under the laws of this state.
(b)Copy CA Fish And Game Code § 4800(b)
(1)Copy CA Fish And Game Code § 4800(b)(1) It is unlawful to take, injure, possess, transport, import, or sell a mountain lion or a product of a mountain lion, except as specifically provided in this chapter or in Chapter 2 (commencing with Section 2116) of Division 3.
(2)CA Fish And Game Code § 4800(b)(2) This chapter does not prohibit the sale or possession of a mountain lion or a product of a mountain lion, when the owner can demonstrate that the mountain lion, or product of a mountain lion, was in the person’s possession on June 6, 1990.
(3)CA Fish And Game Code § 4800(b)(3) This chapter does not prohibit the possession of a mountain lion carcass or a product of a mountain lion carcass, if all of the following requirements are met:
(A)CA Fish And Game Code § 4800(b)(3)(A) The carcass or carcass product is prepared or being prepared for display, exhibition, or storage, for a bona fide scientific or educational purpose, at a nonprofit museum or government-owned facility generally open to the public or at an educational institution, including a public or private postsecondary institution.
(B)CA Fish And Game Code § 4800(b)(3)(B) The mountain lion was taken in California consistent with the requirements of this chapter and any other applicable law.
(C)CA Fish And Game Code § 4800(b)(3)(C) The department has authorized the possession of the carcass or carcass product for the purposes of this paragraph.
(c)CA Fish And Game Code § 4800(c) A violation of this section is a misdemeanor punishable by imprisonment in the county jail for not more than one year, or a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. An individual is not guilty of a violation of this section if it is demonstrated that, in taking or injuring a mountain lion, the individual was acting in self-defense or in defense of others.
(d)CA Fish And Game Code § 4800(d) Section 219 does not apply to this chapter. Neither the commission nor the department shall adopt any regulation that conflicts with or supersedes a provision of this chapter.

Section § 4801

Explanation

This law allows the department or an authorized local agency to capture or eliminate a mountain lion if it's seen as an immediate danger to public safety or threatens the survival of certain sheep species that are protected, endangered, or in danger of extinction.

The department may remove or take any mountain lion, or authorize an appropriate local agency with public safety responsibility to remove or take any mountain lion, that is perceived to be an imminent threat to public health or safety or that is perceived by the department to be an imminent threat to the survival of any threatened, endangered, candidate, or fully protected sheep species.

Section § 4801.5

Explanation

In California, if a mountain lion needs to be removed or handled but isn't considered an immediate danger to people, only nonlethal methods should be used, as outlined in this section. This means mountain lions should not be harmed or killed unless absolutely necessary for public safety.

An 'imminent threat to public health or safety' is defined as when a mountain lion shows aggressive behavior towards people that cannot be explained by the presence of responders. Nonlethal methods can include capturing, marking, or even just observing the animal.

The law allows qualified individuals and organizations to carry out these nonlethal procedures if the state department considers it necessary for the protection of mountain lions or the public.

(a)CA Fish And Game Code § 4801.5(a) Unless authorized in this chapter, nonlethal procedures shall be used when removing or taking any mountain lion that has not been designated as an imminent threat to public health or safety.
(b)CA Fish And Game Code § 4801.5(b) For purposes of this chapter, “imminent threat to public health or safety” means a situation where a mountain lion exhibits one or more aggressive behaviors directed toward a person that is not reasonably believed to be due to the presence of responders.
(c)CA Fish And Game Code § 4801.5(c) For purposes of this chapter, “nonlethal procedures” means procedures that may include, but are not limited to, capturing, pursuing, anesthetizing, temporarily possessing, temporarily injuring, marking, attaching to or surgically implanting monitoring or recognition devices, providing veterinary care, transporting, hazing, rehabilitating, releasing, or taking no action.
(d)CA Fish And Game Code § 4801.5(d) The department may, as the department determines is necessary to protect mountain lions or the public, authorize qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to implement nonlethal procedures on a mountain lion in accordance with subdivision (a).

Section § 4802

Explanation

If your livestock or property has been harmed or destroyed by a mountain lion, you can inform the authorities and ask for permission to capture or kill the mountain lion.

Any person, or the employee or agent of a person, whose livestock or other property is being or has been injured, damaged, or destroyed by a mountain lion may report that fact to the department and request a permit to take the mountain lion.

Section § 4803

Explanation

When a report is received about damage caused by a mountain lion, the department or designated animal damage control officer must verify the situation within 48 hours. If it's confirmed that a mountain lion is responsible, they will quickly issue a permit to capture or manage the mountain lion causing the problem.

Upon receipt of a report pursuant to Section 4802, the department, or any animal damage control officer specifically authorized by the department to carry out this responsibility, shall immediately take the action necessary to confirm that there has been depredation by a mountain lion as reported. The confirmation process shall be completed as quickly as possible, but in no event more than 48 hours after receiving the report. If satisfied that there has been depredation by a mountain lion as reported, the department shall promptly issue a permit to take the depredating mountain lion.

Section § 4804

Explanation

This law section outlines the conditions for issuing a permit to deal with a problem mountain lion. The permit lasts for 10 days and allows the permit holder to start tracking the lion within one mile of where the animal caused trouble. Additionally, the search for the troublesome mountain lion must stay within a 10-mile radius of the area where the incident occurred.

In order to ensure that only the depredating mountain lion will be taken, the department shall issue the permit pursuant to Section 4803 with the following conditions attached:
(a)CA Fish And Game Code § 4804(a) The permit shall expire 10 days after issuance.
(b)CA Fish And Game Code § 4804(b) The permit shall authorize the holder to begin pursuit not more than one mile from the depredation site.
(c)CA Fish And Game Code § 4804(c) The permit shall limit the pursuit of the depredating mountain lion to within a 10-mile radius from the location of the reported damage or destruction.

Section § 4805

Explanation

This law allows for oral authorization to pursue and capture a mountain lion if it will significantly help in dealing with a reported case of the animal causing harm to property or livestock, as described in another section. This quick authorization can come from the department or an animal damage control officer. A written permit following the oral approval must be issued as soon as possible.

Whenever immediate authorization will materially assist in the pursuit of the particular mountain lion believed to be responsible for the depredation reported pursuant to Section 4802, the department or the animal damage control officer may orally authorize the pursuit and taking of the depredating mountain lion, and the department shall issue a written permit for the period previously authorized as soon as practicable after the oral authorization.

Section § 4806

Explanation

If you have a permit to capture or harm a mountain lion, you must report it to the wildlife department office within 24 hours by phone. If you can't call, you must report in writing within five days. Also, you need to arrange to give the mountain lion or its entire body to the department soon after reporting.

Any person issued a permit pursuant to Section 4803 or 4805 shall report, by telephone within 24 hours, the capturing, injuring, or killing of any mountain lion to an office of the department or, if telephoning is not practicable, in writing within five days after the capturing, injuring, or killing of the mountain lion. At the time of making the report of the capturing, injuring, or killing, the holder of the permit shall make arrangements to turn over the mountain lion or the entire carcass of the mountain lion which has been recovered to a representative of the department and shall do so in a timely manner.

Section § 4807

Explanation

If a mountain lion is found attacking or killing livestock or pets, the property owner or their employee can take immediate action against it. They must report this to the state wildlife department within 72 hours. If the mountain lion is captured or killed, the carcass must be given to the department for investigation.

The department will conduct an investigation, and if everything checks out, they will provide a permit that confirms the legal action was justified.

They will also perform a detailed examination of the carcass and report their findings to a commission, which will compile this information and submit an annual report to the Legislature by January 15th.

(a)CA Fish And Game Code § 4807(a) Any mountain lion that is encountered while in the act of pursuing, inflicting injury to, or killing livestock, or domestic animals, may be taken immediately by the owner of the property or the owner’s employee or agent. The taking shall be reported within 72 hours to the department. The department shall investigate the depredation, and, if the mountain lion was captured, injured, or killed, the mountain lion or the entire carcass of the mountain lion which has been recovered shall be turned over to the department. Upon satisfactorily completing the investigation and receiving the mountain lion or the carcass, if recovered, the department shall issue a permit confirming that the requirements of this section have been met with respect to the particular mountain lion taken under these circumstances.
(b)CA Fish And Game Code § 4807(b) The department shall undertake a complete necropsy on any returned mountain lion carcass and report the findings to the commission. The commission shall compile the reported findings and prepare an annual written report that shall be submitted to the Legislature not later than the January 15 next following the year in which the mountain lion was taken.

Section § 4808

Explanation

This section defines what "agent" means in the context of this chapter. It includes several types of individuals: the owner’s agents or employees, local predator control officers, USDA Animal Damage Control employees, and authorized houndsmen. These agents must have the necessary experience and no criminal convictions related to this code. Notably, a plea of 'nolo contendere' (no contest) counts as a conviction here.

As used in this chapter, “agent” means the agent or employee of the owner of the damaged or destroyed property, any county or city predator control officer, any employee of the Animal Damage Control Section of the United States Department of Agriculture, any departmental personnel, or any authorized or permitted houndsman registered with the department as possessing the requisite experience and having no prior conviction of any provision of this code or regulation adopted pursuant to this code. A plea of nolo contendere is a conviction for purposes of this section.

Section § 4809

Explanation

This law explains that if a mountain lion in California is causing damage or destruction and needs to be captured or killed, it should be done using the most effective method available. However, it is illegal to use poison, leg-hold traps, metal-jawed traps, or snares to take the mountain lion.

Mountain lions authorized to be taken pursuant to this chapter shall be taken by the most effective means available to take the mountain lion causing the damage or destruction, except that no mountain lion shall be taken by means of poison, leg-hold or metal-jawed traps, and snares.

Section § 4810

Explanation

This section defines rules for conducting research on mountain lions in California. Researchers need a Scientific Collecting Permit from the Department of Fish and Wildlife to study these animals. The department can authorize certain people or organizations to catch, mark, or treat mountain lions, as long as the research boosts understanding of wildlife and does not harm the animals permanently.

Permits are regulated strictly, requiring detailed plans for capturing and handling the lions, ensuring their welfare, and recording any negative effects. Publications of this information are made available to the public 30 days before a permit is issued, with required annual reports.

Moreover, any deaths or permanent injuries of mountain lions during research must be reported following specific guidelines.

(a)CA Fish And Game Code § 4810(a) As used in this section:
(1)CA Fish And Game Code § 4810(a)(1) “Authorized research project” means a research project involving mountain lions subject to a Scientific Collecting Permit issued in accordance with this section.
(2)CA Fish And Game Code § 4810(a)(2) “Permitholder” means a person to whom the department has issued a Scientific Collecting Permit in accordance with this section.
(3)CA Fish And Game Code § 4810(a)(3) “Scientific Collecting Permit” or “permit” means a permit issued pursuant to Section 1002 for a research project involving mountain lions in accordance with this section.
(b)CA Fish And Game Code § 4810(b) The department may authorize qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to conduct scientific research involving mountain lions pursuant to a Scientific Collecting Permit as provided in Section 1002.
(c)CA Fish And Game Code § 4810(c) The department may authorize a permitholder to pursue, capture, temporarily possess, temporarily injure, mark, surgically implant a monitoring or recognition device in or attach such a device to, provide veterinary care to, and transport, a mountain lion or a product of a mountain lion.
(d)CA Fish And Game Code § 4810(d) In addition to the requirements in Section 1002, an authorized research project shall be designed to do the following:
(1)CA Fish And Game Code § 4810(d)(1) Contribute to the knowledge of natural wildlife ecosystems.
(2)CA Fish And Game Code § 4810(d)(2) Minimize disruptions in the lives and movements of mountain lions and other wildlife, as well as impacts to mountain lion or other wildlife habitat, while maintaining the permitholder’s research objectives.
(3)CA Fish And Game Code § 4810(d)(3) Directly or indirectly support the sustainability and survival of mountain lion populations and healthy ecosystems.
(4)CA Fish And Game Code § 4810(d)(4) Prevent the permanent injury or killing of a mountain lion.
(e)CA Fish And Game Code § 4810(e) An authorized research project shall be governed by the Scientific Collecting Permit. The permit shall include, at a minimum, proposed research methods and recordkeeping procedures that address the following:
(1)CA Fish And Game Code § 4810(e)(1) The capture of, anesthetization of, collection of diagnostic samples from, and transport of, a mountain lion or a product of a mountain lion.
(2)CA Fish And Game Code § 4810(e)(2) Attaching monitoring or recognization devices to, surgically implanting those devices in, or marking, animals affected by the research project.
(3)CA Fish And Game Code § 4810(e)(3) Providing veterinary care as required for the health, safety, and humane treatment of animals affected by the research project.
(4)CA Fish And Game Code § 4810(e)(4) The recording of the adverse effects of authorized research procedures on mountain lions and other wildlife.
(5)CA Fish And Game Code § 4810(e)(5) The qualifications of onsite personnel necessary for carrying out authorized research procedures. A permit applicant shall submit verifiable documentation demonstrating that at least one onsite staff person has at least one year of experience in proposed research methods that involve activities described in subdivision (c).
(6)CA Fish And Game Code § 4810(e)(6) Annual and final reports to the department.
(f)CA Fish And Game Code § 4810(f) The department shall notify the public at least 30 days prior to the issuance of a permit, and, upon request, shall make available to the public copies of the permit and annual and final reports.
(g)CA Fish And Game Code § 4810(g) The department shall handle mortality or permanent injury to a mountain lion as a result of research authorized pursuant to this section in a manner consistent with the reporting and processing requirements imposed in Section 4807.