Regs



WILD BIRDS ARE FEDERALLY PROTECTED All migratory birds are protected under the Migratory Bird Treaty Act. It is unlawful to chase, catch, trap, handle, relocate, possess, or destroy birds or their eggs or nests without a permit from the US Fish & Wildlife Service. FEEDING WILDLIFE MAY BE UNLAWFUL Some cities have adopted ordinances prohibiting the feeding of wild animals. Here is an example: 9.31.010 Feeding of wildlife prohibited—Exceptions. A. No person shall intentionally feed or, in any manner, intentionally provide food for one or more nondomesticated mammalian wildlife, including but not limited to bears, deer, mountain lions, coyotes, raccoons, opossum, mice, rats, skunks, squirrels. B. A person may feed or provide food to a nondomesticated mammalian wildlife as defined in subsection A of this section under the following instances: 1. The feeding of any nondomesticated mammalian by the owner of such an animal when the nondomesticated mammalian is kept under valid certificate or permit issued by the state of California Department of Fish and Game. 2. When the person feeds or provides food to a trapped, injured or unweaned nondomesticated mammalian between the time the agency in charge of animal control or its designated agent is notified and picked up by the agency. (Ord. 1113 § 1, 2000) §251.1. Harassment of Animals. Except as otherwise authorized in the Fish and Game Code, no person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeding, feeding or sheltering. This section does not apply to a landowner or tenant who drives or herds birds or mammals for the purpose of preventing damage to private or public property, including aquaculture and agriculture crops. §251.2. Permits to Pursue, Drive, Herd, or Take Birds and Mammals. (b) Exemption from Permit. Federal or state animal control agencies and their employees or contractors, including other public employees supervised by such agencies, engaged in pursuing, driving, herding or taking birds or mammals in the performance of their regular duties are not required to obtain a permit pursuant to this section. Agencies taking depredating animals on or over private lands shall do so only through a written landowner agreement. Such agreement shall become valid only upon approval of the department. Federal or state animal control agencies engaged in the foregoing activities shall submit a report to the headquarters office of the Department of Fish and Game each calendar quarter showing the number and species of birds or mammals taken or herded; area where the activity occurred, and such other information the department may require. (c) Application Requirements. An applicant for a permit shall submit a written request to the department showing his name, address, location and size of the land where damage is occurring, and the names of all individuals and/or State or Federal agencies other than the applicant who may be employed or authorized by the applicant to pursue, drive, herd, or take the birds or mammals which are causing damage, actual or immediately threatened, to land or property; a description of the property, including livestock or other domestic animals being damaged; the species of birds or mammals causing damage; the proposed method of pursuing, driving, herding, or taking the offending animals; the period of time a permit is needed to alleviate damage; and such other information the department may require. (d) Investigation of Damage. Upon receiving a request for a permit, the department shall investigate the applicant's claim of damage and shall be satisfied that damage has occurred or is immediately threatened before issuing a permit. The department may deny a request for a permit, and the applicant may appeal such decision before the commission. ANIMAL CRUELTY As for euthanasia techniques, every person who maliciously and intentionally maims, mutilates, tortures, torments, deprives of necessary sustenance, drink, or shelter, subjects any animal to needless suffering, inflicts unnecessary cruelty upon an animal, cruelly beats, mutilates, or cruelly kills any animal, is for every offence, guilty of a crime, potentially punishable as a misdemeanor or as a felony and a fine of not more than $20,000. California Penal Code §597. See acceptable euthanasia methods through the American Veterinary Medical Association at: TRAPPING Any person involved in trapping wildlife in the state of California must abide by local and state regulations. Even property owners must abide by these regulations. The following is an explanation of the regulations as we understand them. Any individual trapping wildlife for compensation is required to have a license from the California Department of Fish and Game. The license covers the individual, not the entity. In other words, the person actually setting the trap must be licensed, not employed by someone who is licensed. They are required by law to have their trapping license in their immediate possession while trapping. To check on a license or report a possible violation contact the department of Fish & Game. Codes referenced: CA Fish & Game Code 4005; 1054.2 No person may set a trap within 150 yards of any structure used as a permanent or temporary residence without written consent of the landowner to place the trap(s). The person trapping is required to have this written permission readily available. Title14 CCR Sect. 465.5 (3) It is illegal to set or maintain traps which do not bear a number or other identifying mark registered to the department. This means that any person who is planning to set a trap for a wild animals must first call the Department of Fish & Game and receive an identifying number for that particular trap. Title 14 CCR Sect. 465.5 (g) and in reference to (f)(1). Traps must be inspected and trapped animals removed at least once daily. Title 14 CCR Sect. 465.5 The trapper must either euthanize a trapped animal or release it immediately on site. Trapping and relocating of wildlife is prohibited. Title 14 CCR Sect. 465.5 (1) Leg-hold traps are prohibited. Leg-hold traps may be used only to protect human health or safety, and only by government agencies. Title 14 CCR 465.5 Poison is not an authorized method of take. Title 14 CCR Sect. 465.5 & 475 Nuisance wildlife taken by trapping may not be bought or sold. The pelts of animals taken with body-gripping traps may not be sold. Title 14 CCR Sect. 465.5 A trapping license may be revoked for a violation of the trapping laws and regulations. FGC Sect. 4043 Violation of any trapping rule or regulation is punishable by a fine of not less than three hundred dollars ($300) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. California Department of Fish & Game Mammal Hunting Regulations 2009-2010 California Department of Fish & Game Trapping Regulations