Chapter 1 - Taking and Possessing in General

California Fish and Game Code — §§ 2000-2024

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Sections (30)

§ 2000

Amended by Stats. 2015, Ch. 154, Sec. 41. (AB 1527) Effective January 1, 2016.

(a)It is unlawful to take a bird, mammal, fish, reptile, or amphibian except as provided in this code or in a regulation adopted pursuant to this code.

(b)Possession of a bird, mammal, fish, reptile, amphibian, or part of any of those animals, in or on the fields, forests, or waters of this state, or while returning therefrom with fishing or hunting equipment, is prima facie evidence the possessor took the bird, mammal, fish, reptile, or amphibian, or part of that animal.

§ 2000.3

Added by Stats. 2019, Ch. 869, Sec. 4. (SB 395) Effective January 1, 2020.

(a)As used in this chapter, “roadway” has the same meaning as defined in Section 530 of the Vehicle Code.

(b)As used in this chapter, “vehicle” has the same meaning as defined in Section 670 of the Vehicle Code.

§ 2000.5

Amended by Stats. 2019, Ch. 869, Sec. 5. (SB 395) Effective January 1, 2020.

(a)Notwithstanding Section 219, 2000, or any other law, and notwithstanding any requirement for a permit or license or other entitlement to take a species, the accidental taking of a bird, mammal, reptile, or amphibian by collision with a vehicle while that vehicle is being operated on a roadway is not a violation of this code or a regulation adopted pursuant to this code. Nothing in this section authorizes a person to possess any bird, mammal, reptile, or amphibian accidentally taken by collision with a vehicle as provided in this subdivision. Animals accidentally taken on a roadway may be removed by the state or local agency having jurisdiction over the roadway.

(b)This section does not apply to Chapter 1.5 (commencing

with Section 2050).

§ 2000.6

Added by Stats. 2019, Ch. 869, Sec. 6. (SB 395) Effective January 1, 2020. Repealed as of January 1, 2029, by its own provisions.

(a)(1) Consistent with Section 91.8 of the Streets and Highways Code, the commission may establish a pilot program for the issuance of wildlife salvage permits through a user-friendly and cell-phone-friendly web-based portal to persons desiring to recover, possess, use, or transport, for purposes of salvaging wild game meat for human consumption of, any deer, elk, pronghorn antelope, or wild pig that has been accidentally killed as a result of a vehicle collision on a roadway within California. This permitting process shall be available at no cost to the public.

(2)In developing the pilot program, the commission shall consult with the department, the Department of Transportation, the Department of the California Highway

Patrol, the Office of Environmental Health Hazard Assessment, other relevant public entities, and stakeholders to ensure public health and safety and to ensure the pilot program does not facilitate poaching.

(3)The commission shall prescribe the requirements for applying for and receiving a wildlife salvage permit and set the terms and conditions it deems necessary for the safe recovery, possession, use, and transportation of deer, elk, pronghorn antelope, or wild pig pursuant to a wildlife salvage permit.

(4)The commission shall require a person seeking to obtain a wildlife salvage permit to report through the web-based portal described in paragraph (1), at a minimum, the location, type, and description of the animal salvaged, the date and time of salvage, the basic characteristics of the incident and a description of the vehicle involved, where applicable, and the destination

where the carcass will be transported.

(5)The commission may limit the implementation of the pilot program only to certain counties or regions of the state.

(6)The commission may restrict the roadways where wildlife salvage may be conducted and the species subject to salvage, and may regulate any other aspect of the pilot program necessary to ensure the pilot program’s success, to minimize risks to public safety, and to prevent poaching.

(7)A person desiring to salvage the carcass of an animal pursuant to this section shall do so in a manner consistent with Section 21718 of the Vehicle Code.

(8)The commission shall consider and recommend to the department public education and outreach for the wildlife salvage pilot program beyond traditional hunting

populations to the general public.

(b)Notwithstanding Section 2000.5, if a person unintentionally strikes and kills a deer, elk, pronghorn antelope, or wild pig on a roadway in California with a vehicle, that person may recover, possess, use, or transport the whole animal and salvage the edible portions of the animal pursuant to a wildlife salvage permit.

(c)Subdivision (b) shall also apply to an individual who encounters an unintentionally killed deer, elk, pronghorn antelope, or wild pig that has been struck with a vehicle.

(d)This section does not authorize an individual to kill an injured or wounded animal for the purpose of salvage. An animal that is severely injured in an accidental vehicle collision may only be salvaged pursuant to this section if it is subsequently killed by the department pursuant to

Section 1001 or a law enforcement officer authorized by the department to kill injured wildlife.

(e)(1) Upon appropriation by the Legislature, the commission may establish the wildlife salvage pilot program no later than January 1, 2022.

(2)Upon appropriation by the Legislature, the department shall implement the pilot program no later than six months after the commission establishes the pilot program.

(3)(A) To the extent feasible, the department shall develop and make available to the public the web-based portal described in subdivision (a) for the wildlife salvage pilot program to facilitate participation in the pilot program.

(B)To the extent practicable, the web-based portal shall work with the

existing harvest reporting system in use by the department, including identification of the person salvaging the animal.

(C)The department shall work to include data collected from the wildlife salvage pilot program in any other wildlife-vehicle collision data collection efforts, including data collection efforts conducted pursuant to Section 1023.

(f)This section does not authorize the take of wildlife species listed pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)) and Section 670.1 of Title 14 of the California Code of Regulations, or other nongame wildlife, fully protected species, migratory birds, including, but not limited to, waterfowl, and other wildlife species not lawfully hunted.

(g)The state is not liable for any harm, injury, loss, or damage arising out of

the recovery, possession, use, transport, or consumption of any wild game animal legally salvaged pursuant to this section.

(h)Beginning on the first March 1 after the department implements the pilot program, and each March 1 thereafter, the department shall make available on its internet website data that includes the number of wildlife salvage permits issued, locations of impacts, and species of wildlife.

(i)Subdivisions (b) to (d), inclusive, shall become operative when the department implements the pilot program.

(j)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

§ 2001

Amended by Stats. 2015, Ch. 154, Sec. 42. (AB 1527) Effective January 1, 2016.

(a)It is unlawful to take a mammal, bird, fish, reptile, or amphibian outside of an established season or to exceed a bag limit or possession limit established in this code or by a regulation adopted by the commission. Violation of an established season, bag limit, or possession limit may be charged as a violation of this section or of the specific code section or regulation that establishes the season or limit.

(b)Unless otherwise provided, it is unlawful to possess a fish, reptile, or amphibian, except during the open season where the fish, reptile, or amphibian was taken or during the 10-day period immediately following that open season. A possession limit applicable during the

open season applies during that 10-day period.

(c)Except as provided in Section 3080, it is unlawful to possess a game bird or mammal except during the open season where taken.

§ 2002

Amended by Stats. 2015, Ch. 154, Sec. 43. (AB 1527) Effective January 1, 2016.

It is unlawful to possess a bird, mammal, fish, reptile, amphibian, or part of any of those animals, taken in violation of this code or a regulation adopted pursuant to this code.

§ 2003

Amended by Stats. 2023, Ch. 132, Sec. 32. (AB 1760) Effective January 1, 2024.

(a)Except as specified in subdivisions (b), (c), (d), and (e), it is unlawful to offer a prize or other inducement as a reward for the taking of a game bird, or the taking of any mammal, fish, reptile, or amphibian in an individual contest, tournament, or derby.

(b)The department may issue a permit to a person authorizing that person to offer a prize or other inducement as a reward for the taking of a game fish, as defined by the commission by regulation, if it finds that there would be no detriment to the resource. The permit is subject to regulations adopted by the commission. The application for the permit shall be accompanied by a fee in the amount determined by the department as necessary to cover the reasonable administrative costs incurred by the department

in issuing the permit. However, the department may waive the permit fee if the contest, tournament, or derby is for persons who are under 16 years of age or have a physical or mental disability, and the primary purpose of the contest, tournament, or derby is to introduce those anglers to or educate them about fishing. All permits for which the fee is waived pursuant to this subdivision shall comply with all other requirements set forth in this section.

(c)This section does not apply to a person conducting what is generally known as a frog-jumping contest, or, in waters of the Pacific Ocean, what is generally known as a fish contest.

(d)This section does not apply to a person conducting an individual contest, tournament, or derby for the taking of a game bird or game mammal, if the total value of all prizes or other inducements is less than five hundred dollars ($500) for the

individual contest, tournament, or derby.

(e)(1) As used in this subdivision:

(A) “Event” means a competition event on lands managed by the department.

(B) “Prize compensation” includes prize or purse money, other prizes, goods, or other compensation.

(2)The department, for any event that awards prize compensation to competitors in gendered categories, shall require as a condition of a permit pursuant to this section that, for any participant level that receives prize compensation, the prize compensation for each gendered category be identical at each participant level. The department shall not approve a permit for an event that does not comply with this condition.

§ 2003.5

Added by Stats. 1988, Ch. 850, Sec. 1.

(a)The Legislature finds and declares that the fish of this state are a vital, renewable resource which provides recreation, outdoor experiences, and food for many of this state’s citizens. Therefore, it is in the state’s best interests to promote volunteer private rehabilitation and improvement of fisheries, fish habitat, and resources.

(b)The Legislature declares it is the policy of this state to encourage cooperation by local, regional, state, and federal governmental agencies with jurisdiction over inland waters with private groups and associations in order to do fish habitat and restoration work. This policy shall be pursued through the implementation of a program known as the “Adopt a Lake Program.”

§ 2003.6

Added by Stats. 1988, Ch. 850, Sec. 2.

The department may implement the “Adopt a Lake Program” to facilitate private groups’ and associations’ undertaking volunteer efforts to rehabilitate and improve fisheries, fish habitat, and resources. In implementing this program, the department shall prepare and periodically update a plan for the volunteer efforts to be undertaken. The plan shall be prepared cooperatively by the department, the private group or association, and the public agency with jurisdiction over the inland water to be affected by the plan. The plan shall be consistent with the management plan and management objectives of the department and the public agency with jurisdiction over the inland water.

§ 2004

Amended by Stats. 1974, Ch. 605.

It is unlawful for any person, while taking any bird, mammal, fish, reptile, or amphibian, to cause damage, or assist in causing damage, to real or personal property, or to leave gates or bars open, or to break down, destroy, or damage fences, or to tear down or scatter piles of rails, posts, stone, or wood, or, through carelessness or negligence, to injure livestock of any kind.

§ 2005

Amended by Stats. 2015, Ch. 154, Sec. 45. (AB 1527) Effective January 1, 2016.

(a)Except as otherwise authorized by this section, it is unlawful to use an artificial light to assist in the taking of a game bird, game mammal, or game fish.

(b)It is unlawful for one or more persons to throw or cast the rays of a spotlight, headlight, or other artificial light on a highway or in a field, woodland, or forest where game mammals, fur-bearing mammals, or nongame mammals are commonly found, or upon a game mammal, fur-bearing mammal, or nongame mammal, while having in his or her possession or under his or her control a firearm or weapon with which that mammal could be killed, even though the mammal is not killed, injured, shot at, or otherwise pursued.

(c)It is unlawful to use or possess night vision equipment to assist in the taking of a bird, mammal, amphibian, reptile, or fish. For purposes of this subdivision, “night vision equipment” includes, but is not limited to, the following:

(1)An infrared or similar light, used in connection with an electronic viewing device.

(2)An optical device, including, but not limited to, binoculars or a scope, that uses electrical or battery powered light amplifying circuits.

(d)This section does not apply to any of the following:

(1)Sport fishing in ocean waters, or other waters where night fishing is permitted, if an artificial light is not used on or as part of the fishing tackle.

(2)Commercial fishing.

(3)The taking of mammals governed by Article 2 (commencing with Section 4180) of Chapter 3 of Part 3 of Division 4.

(4)The use of a hand-held flashlight that is no larger and emits no more light than a two-cell, three-volt flashlight, and is not affixed to a weapon.

(5)The use of a lamp or lantern that does not cast a directional beam of light.

(6)Headlights of a motor vehicle that are operated in a usual manner and without attempt or intent to locate a game mammal, fur-bearing mammal, or nongame mammal.

(7)An owner of land devoted to the agricultural industry, or the owner’s employee, while on that

land.

(8)An owner of land devoted to the agricultural industry, or the owner’s employee, while on land controlled by the owner in connection with the agricultural industry.

(9)Other uses as the commission may authorize by regulation.

(e)A person shall not be arrested for violation of this section except by a peace officer.

§ 2006

Amended by Stats. 2010, Ch. 178, Sec. 28. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.

(a)It is unlawful to possess a loaded rifle or shotgun in any vehicle or conveyance or its attachments which is standing on or along or is being driven on or along any public highway or other way open to the public.

(b)A rifle or shotgun shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.

(c)The provisions of this section shall not apply to peace officers or members of the Armed Forces of this state or the United States, while on duty or going to or returning from

duty.

§ 2007

Amended by Stats. 2023, Ch. 132, Sec. 33. (AB 1760) Effective January 1, 2024.

(a)It is unlawful to set, place, or cause to be set or placed, any trap gun.

(b)A “trap gun” is a firearm loaded with other than blank cartridges and connected with a string or other contrivance contact with which will cause the firearm to be discharged.

§ 2009

Amended by Stats. 2009, Ch. 394, Sec. 5. (AB 1423) Effective January 1, 2010.

(a)A person shall not willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping at the location where that activity is taking place.

(b)A violation of this section is punishable pursuant to subdivision (b) of Section 12000.

(c)Any person convicted for a violation of this section that occurred within two years of a prior violation of this section which resulted in a conviction is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period of not more than one year, by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or by both imprisonment and fine.

(d)This section does not apply to the actions of any peace officer or personnel of the department in the performance of their official duties. This section does not obstruct the rights and normal activities of landowners or tenants, including, but not limited to, farming, ranching, and limiting unlawful trespass.

(e)In order to be liable for a violation of this section, the person is required to have had the specific

intent to interfere with the participation of an individual who was engaged in lawful shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping.

(f)For purposes of this section, “interfere with” means any action which physically impedes, hinders, or obstructs the lawful pursuit of any of the above-mentioned activities, including, but not limited to, all of the following:

(1)Actions taken for the purpose of frightening away animals from the location where the lawful activity is taking place.

(2)Placing or maintaining signs, gates, locks, or barricades that

prohibit or deny access to lands without authorization from the landowner or lessee or an authorized designee of the landowner or lessee.

(3)Placing food on lands not belonging to the person placing the food for purposes of eliminating the lawful ability to hunt due to the presence of bait, as defined in this code or regulations adopted pursuant to this code.

§ 2010

Amended by Stats. 2015, Ch. 154, Sec. 46. (AB 1527) Effective January 1, 2016.

(a)It is unlawful to use or possess a shotgun larger than 10-gauge, or to use or possess a shotgun capable of holding more than six cartridges at one time, to take a mammal or bird.

(b)A shotgun that has been modified with the insertion of a plug is deemed, for the purpose of this section, to have a cartridge capacity equal to the number of cartridges that can be loaded into the weapon as modified.

(c)After a public hearing, the commission may adopt regulations relative to the ammunition capacity of shotguns for taking mammals or birds that are more restrictive than the limits provided in subdivision (a), or that it

determines may be needed to conform to federal law.

§ 2011

Amended by Stats. 2007, Ch. 285, Sec. 25. Effective January 1, 2008.

(a)It is unlawful for any person to take, mutilate, or destroy any bird or mammal lawfully in the possession of another.

(b)For the purpose of this section, a bird or mammal shall be deemed in possession when it is actually reduced to physical possession or when it is wounded or otherwise maimed and the person who wounded or otherwise maimed it is in hot pursuit.

§ 2011.5

Added by Stats. 2009, Ch. 294, Sec. 9. (AB 1442) Effective January 1, 2010.

(a)It is unlawful for a person to remove from a hunting dog any collar, including an electronic or radio transmitting device, without possessing written permission from the dog’s owner allowing the removal of the collar.

(b)As used in this section, “hunting dog” means a dog in the field actively engaged in the taking of mammals or birds, or a dog actively being trained for the taking of mammals or birds, that is located in an area where mammals or birds can be taken, at that time and place, in accordance with existing law.

(c)This section does not apply to a law enforcement officer or an animal control officer in the performance of his or her duty, or to a person who is

assisting an injured dog.

§ 2012

Amended by Stats. 2007, Ch. 285, Sec. 26. Effective January 1, 2008.

All licenses, tags, and the birds, mammals, fish, reptiles, or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed to be, and capable of being, used to take birds, mammals, fish, reptiles, or amphibians shall be exhibited upon demand to any person authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles, or amphibians.

§ 2013

Amended by Stats. 2015, Ch. 154, Sec. 47. (AB 1527) Effective January 1, 2016.

Unless otherwise provided, the provisions of this code relating to the possession of birds, mammals, fish, reptiles, or amphibians apply to birds, mammals, fish, reptiles, or amphibians taken either in or outside of this state.

§ 2014

Amended by Stats. 2023, Ch. 132, Sec. 34. (AB 1760) Effective January 1, 2024.

(a)It is the policy of this state to conserve its natural resources and to prevent the willful or negligent destruction of birds, mammals, fish, reptiles, or amphibia.

(b)The state may recover damages in a civil action against any person or local agency which unlawfully or negligently takes or destroys any bird, mammal, fish, reptile, or amphibian protected by the laws of this state.

(c)The measure of damages is the amount that will compensate for all the detriment proximately caused by the taking or destruction of the birds, mammals, fish, reptiles, or amphibia.

(d)An action to recover damages

under this section shall be brought in the name of the people of the state, in a court of competent jurisdiction in the county in which the cause of action arose. The State Water Resources Control Board shall be notified of, and may join in, any action brought under this section when the activities alleged to have caused the destruction of any bird, mammal, fish, reptile, or amphibian may involve either the unlawful discharge of pollutants into the waters of the state or other violation of Division 7 (commencing with Section 13000) of the Water Code.

(e)This section does not apply to any of the following:

(1)Persons or local agencies engaged in agricultural pest control.

(2)The destruction of fish in irrigation canals or works, or irrigation drainages.

(3)The lawful destruction of a bird or mammal killed while damaging crops.

(f)No damages may be recovered against a local agency pursuant to this section if civil or administrative penalties are assessed against the local agency for the same detriment pursuant to Division 7 (commencing with Section 13000) of the Water Code.

(g)Any recovery or settlement of money damages, including, but not limited to, civil penalties, arising out of any civil action filed and maintained by the Attorney General in the enforcement of this section shall be deposited by the department in the subaccounts of the Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund as specified in Section 13011.

(h)For purposes of this section, “local agency” includes any city, county, city and county, district, public

authority, or other political subdivision.

§ 2015