Selected 2009-10 Resident and Migratory Upland Game Bird Hunting Regulations

Subdivision 2. Game and Furbearers

Chapter 1. General Provisions and Definitions

§250. General Prohibition Against Taking Resident Game Birds, Game Mammals and Furbearing Mammals.
§250.5. Shooting Time.
§251. Prohibition on Pursuing or Shooting Birds and Mammals from Motor-Driven Air or Land Vehicles, Motorboats, Airboats, Sailboats or Snowmobiles.
§251.1. Harassment of Animals.
§251.5. Game Birds, Game Mammals, Furbearers and Nongame Animals, Possession Of.
§251.7. Possession, Transportation and Importation of Game Birds.
§251.8. Transportation of Game Birds and Game Mammals off Indian Reservations.
§251.9. Computer Assisted Remote Hunting
§252. Bag and Possession Limit Defined.
§255. Code Definitions Reaffirmed.
§257. Resident Small Game Defined.
§257.5. Prohibition Against Taking Resident Game Birds and Mammals by the Aid of Bait.
§258. Season Defined.
§260. Prohibition Against Taking Other Than Migratory Game Birds and Quail in Picacho State Recreation Area.
§260.1. Prohibition Against Hunting Other Than During September-January on Providence Mountains State Recreation Area.
§260.2. Hunting Restrictions on Lake Oroville State Recreation Area.
§260.3. Prohibition Against Taking Other Than Migratory Game Birds on San Luis Reservoir State Recreation Area.
§260.4. Prohibition Against Taking Other Than Waterfowl and Resident Small Game on Perris Reservoir State Recreation Area.
§260.5. Prohibition Against Taking Other Than Waterfowl, American Coots, Common Moorhens and Common Snipe Within Harry A. Merlo State Recreation Area.
§262. Prohibition Against Hunting on Portions of Frank's Tract State Recreation Area.
§263. Prohibition Against Night Hunting.

Chapter 2. Resident Small Game

§300. Upland Game Birds.

Pheasant: General, Archery, Falconry
Quail: General, Archery, Falconry
Chukar: General, Archery, Falconry
Sage Grouse: General, Archery, Falconry
Sooty and Ruffed Grouse: General, Archery, Falconry
Ptarmigan: General, Archery, Falconry
Wild Turkey: General, Archery, Falconry
Band-tailed Pigeons: Shotgun, Archery, Falconry
Doves: Shotgun, Archery, Falconry
Common Snipe: Shotgun, Archery, Falconry

§310.5 Shooting Hours for Upland Game Birds
§311. Methods Authorized for Taking Resident Small Game.
§311.6. Prohibition of Rifles and Pistols in Picacho and Providence Mountains State Recreation Areas.
§313. Upland Game Stamp.

§354. Archery Equipment and Crossbow Regulations.

Chapter 6. Nongame Animals

§472. General Provisions.
§473. Possession of Nongame Animals.
§475. Methods of Take for Nongame Birds and Nongame Mammals.
§485. American Crow.

Chapter 7. Migratory Game Birds

§505 Decoys.
§506. Shooting Hours.
§507. Provisions Related to the Taking of Migratory Game Birds.
§507.5. Scull Boats
§509. Concurrence with Federal Regulations.

Subdivision 3. General Regulations.

Chapter 3. Miscellaneous.

§700. Hunting and Fishing Licenses, Possession and Display Of.
§730. Camping Near or Occupying Wildlife Watering Places.

Subdivision 2. Game and Furbearers

Chapter 1. General Provisions and Definitions

§250. General Prohibition Against Taking Resident Game Birds, Game Mammals and Furbearing Mammals.

Except as otherwise provided in this Title 14, and in the Fish and Game Code, resident game birds, game mammals and furbearing mammals may not be taken at any time.

Amendment of NOTE filed 5-13-81; designated effective 5-23-81.

§250.5. Shooting Time.

In these orders whenever a specific clock time is mentioned, such time is meant to be legal California time for the date specified: i.e., during the days when California is on Pacific Daylight Saving Time, Pacific Daylight Saving Time is intended; when California is legally on Pacific Standard Time, Pacific Standard Time is intended. When reference is made to sunrise or sunset time, such reference is to the sunrise or sunset time at the location of the hunter. (See Section 310.5 for shooting hours for upland game birds. See Section 506 for shooting hours for migratory game birds.)

New NOTE filed 5-13-81; designated effective 5-23-81.

§251. Prohibition on Pursuing or Shooting Birds and Mammals from Motor-Driven Air or Land Vehicles, Motorboats, Airboats, Sailboats or Snowmobiles.

(a) General Prohibition: No person shall pursue, drive, herd, or take any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat, or snowmobile. Additionally, no person shall use any motorized, hot-air, or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing until 48 hours after any big game hunting season in the same area. No person shall use at any time or place, without Department approval, any computer, telemetry device or other equipment to locate a big game mammal to which a tracking device is attached. For purposes of this subsection "use" includes but is not limited to personal use or intent by another to obtain information from such personal use. Evidence of an act constituting a violation of this section includes but is not limited to flying slowly at low altitudes, hovering, circling or repeatedly flying over any area where big game may be found. Exceptions to this subsection are:

(1) When the motor of such motorboat, airboat, or sailboat has been shut off and/or the sails furled and its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor, or is being propelled by paddle, oar or pole.

(2) When used by the landowner or tenant of private property to drive or herd game mammals for the purpose of preventing damage to private property.

(3) Pursuant to a license from the department issued under such regulations as the commission may prescribe (see subsection 251(b) below).

(b) Mobility Disabled Persons Motor Vehicle License

(1) Applications: Applications for a Motor Vehicle Hunting License for mobility disabled persons shall be on a form supplied by the Department (Mobility Impaired Disabled Persons Motor Vehicle Hunting License Application, FG1460-10/95). The application shall include the applicant's name, address, physical description, a description of the qualifying disability, and a certified statement from a licensed physician describing the applicant's permanent disability. It shall be unlawful for any person to falsify an application for a Motor Vehicle Hunting License.

(2) Terms of the License: The Motor Vehicle Hunting License shall specify conditions under which said license shall be used and shall include but not be limited to the following provisions:

(A) The licensee shall be accompanied by an able bodied assistant who shall immediately retrieve, and tag if necessary, all game taken. (Possession of the licensee's tag, required in this subsection, shall not be considered an unlawful possession of a tag or license issued to another person).

(B) The assistant shall not possess a firearm, crossbow or archery equipment unless he/she is a licensed hunter and possesses any necessary license or tag for the area being hunted. The assistant shall not discharge a firearm or release a bolt or an arrow from the vehicle. If licensed, the assistant may dispatch wounded game which has moved out of range of the licensee.

(C) The vehicle must be stopped and the engine must be shut off prior to the licensee discharging firearm or releaseing a bolt from a crossbow or an arrow from archery equipment.

(D) The licensee shall notify the Department, at the regional office having responsibility for the area where the licensee intends to hunt, at least 48 hours prior to hunting or contact the department's 24-hour dispatcher at the number indicated on the license. The licensee shall specify the locality, vehicle description, and the approximate time frame during which such hunt shall take place.

(E) The licensee or assistant shall not pursue any animal or drive or herd animals to any other hunters with a motor vehicle.

(F) This license does not grant permission to trespass on private property or permission to use a motor vehicle while in any area where the use of motor vehicles is restricted or prohibited.

(G) This license does not grant permission to discharge a firearm in any place or manner that would otherwise be unlawful, or to possess a loaded firearm in violation of any other city, county or state law.

(H) The licensee shall have the license in possession while hunting from a motor vehicle.

(3) License Fee: A license fee of $25.00, as adjusted annually pursuant to Section 713 of the Fish and Game Code, shall be charged for processing and issuing the Mobility Impaired Disabled Person Motor Vehicle Hunting License. Licenses shall be issued only by the Director or his/her designee. Licenses shall be permanent and have no expiration date.

Amendment of subsection (a) filed 7-7-2004; operative 7-7-2004.

§251.1. Harassment of Animals.

Except as otherwise authorized in these regulations or 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.

New section filed 11-14-90; operative 11-14-90.

§251.5. Game Birds, Game Mammals, Furbearers and Nongame Animals, Possession Of.

(a) Migratory game birds may not be held beyond the period provided by the federal regulations and in accordance with the daily bag and possession limits prescribed by these regulations. (See section 500.)

(b) Live mountain lions may be possessed only under terms of a permit issued by the Department pursuant to section 2150 of the Fish and Game Code or if the owner can demonstrate that the mountain lion was in his/her possession on or before June 6, 1990 under a permit issued pursuant to section 3200 of said code.

(c) Every game bird, game mammal, furbearer or nongame animal taken under the authority of a hunting or trapping license and reduced to possession by the hunter or trapper shall be immediately killed and become a part of the daily bag limit.

Repealer of subsections (a) and (b), subsection relettering and amendment of Note filed 9-1-2000; operative 9-1-2000.

§251.7. Possession, Transportation and Importation of Game Birds.

(a) No person may possess any birds taken in this state in excess of the daily bag and possession limits. The exception to this is for the purpose of transportation, cleaning, storage (including temporary storage), shipment, or taxidermy services, where an individual may possess game birds taken by another hunter provided that they are tagged by the hunter who has lawfully taken them. The tag must contain the hunter's name, address, hunting license number, kinds and numbers of game birds taken, date and location of kill, and signature.

(b) All birds, including migratory game birds, possessed or transported within California must have a fully feathered wing or head attached until placed into a personal abode or commercial preservation facility or being prepared for immediate consumption. Doves must have a fully feathered wing attached.

(c) Migratory game birds imported into California shall be accompanied by a declaration of entry as prescribed in Section 2353 of the Fish and Game Code.

(d) Only one possession limit of migratory game birds may be possessed per individual after the close of the season for that species.

Amendment of subsections (a) and (b) filed 8-29-2007; operative 9-1-2007.

§251.8. Transportation of Game Birds and Game Mammals off Indian Reservations.

(a) Pursuant to the provisions of sections 3080 and 3081(b) of the Fish and Game Code, game birds and game mammals taken by California Indians on reservations under those circumstances wherein the taking of such animals is excepted from the application of the California Fish and Game Code in accordance with the provisions of section 12300 of the Fish and Game Code may be transported off the reservation and possessed within this state subject to the following conditions:

(1) A permit, in such form as shall be prescribed by the Department of Fish and Game, to transport the carcass of a game bird or mammal or parts thereof off a particular California Indian reservation shall first be obtained from tribal members designated by the tribal council of the reservation. Copies of the permit shall be maintained and distributed by the designated tribal members in accordance with instructions issued by the Department of Fish and Game.

(2) The carcass of each game bird or mammal or parts thereof shall be suitably stamped and/or tagged in such manner as shall be designated by the Department of Fish and Game prior to the transportation off the reservation.

(3) The permit, stamps and/or tags, as prescribed by the Department of Fish and Game, shall be furnished to each tribal reservation without charge. No fee shall be charged for the issuance of the permit or the stamping and/or tagging of the carcass.

(4) The permittee shall retain such permit in his possession and shall maintain the stamp and/or tags on the carcass or parts thereof at all times while transporting or possessing the carcass or parts thereof off his reservation.

(b) Game birds and game mammals taken on Indian reservations in accordance with applicable provisions of the Fish and Game Code and part 2, division 1, title 14, of the California Code of Regulations, which apply to the remainder of the state may be transported and possessed on such reservations without a permit being issued or the carcasses being stamped or tagged as provided in this section.

Editorial correction of printing error in subsection (b) (Register 91, No. 31).

§251.9. Computer Assisted Remote Hunting.

§252. Bag and Possession Limit Defined.

"Bag and possession limit" means the daily bag limit of each kind of resident and migratory game birds, game mammals and furbearing mammals which may be taken and possessed by any one person unless otherwise authorized.

New NOTE filed 5-13-81; designated effective 5-23-81.

§255. Code Definitions Reaffirmed.

Words defined by sections 8, 9, 10, 11, 18, 22, 29, and 30 through 88 inclusive of the Fish and Game Code have had and shall have the same meaning, definition and scope whenever used in division 1 of title 14, California Code of Regulations, it being the intent of the Fish and Game Commission in adopting the orders, rules, and regulations set forth in said division that the provisions of said sections were and are applicable.

Editorial correction of printing error (Register 91, No. 31).

§257. Resident Small Game Defined.

"Resident small game" means the following resident game birds: Chinese spotted doves, Eurasian collared-doves, ringed turtle-doves of the family Columbidae, California quail and varieties thereof, Gambel's or desert quail, mountain quail and varieties thereof, sooty grouse and varieties thereof, ruffed grouse, sage grouse (sage hens), white-tailed ptarmigan, Hungarian partridges, red-legged partridges, including the chukar and other varieties, ring-necked pheasants and varieties, and wild turkeys of the order Galliformes; and the following game mammals: jackrabbits and varying hares (genus Lepus), cottontail rabbits, brush rabbits, pigmy rabbits (genus Sylvilagus), and tree squirrels (genus Sciurus and Tamiasciurus).

Amendment filed 8/25/09; effective 9/24/09.

§257.5. Prohibition Against Taking Resident Game Birds and Mammals by the Aid of Bait.

Except as otherwise provided in these regulations or in the Fish and Game Code, resident game birds and mammals may not be taken within 400 yards of any baited area.

(a) Definition of Baited Area. As used in this regulation, "baited area" shall mean any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed, or scattered, and such area shall remain a baited area for ten days following complete removal of all such corn, wheat or other grains, salt, or other feed.

(b) Exceptions:

(1) The taking of domestically reared and released game birds on licensed pheasant clubs and other licensed game bird clubs;

(2) The taking of resident game birds and mammals on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting;

(3) The taking of resident game birds and mammals on or over any lands where shelled, shucked or unshucked corn, wheat or other grain, salt, or other feed have been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: provided that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.

Amendment of first paragraph filed 7-1-86; effective upon filing.

§258. Season Defined.

"Season" means that period of time during which resident and migratory game birds, game mammals and fur-bearing mammals may be taken. All dates are inclusive.

New NOTE filed 5-13-81; designated effective 5-23-81.

§260. Prohibition Against Taking Other Than Migratory Game Birds and Quail in Picacho State Recreation Area.

Notwithstanding any other provisions of these regulations, in Picacho State Recreation Area only migratory game birds and quail may be taken or possessed as prescribed in Sections 301, 500, 501 and 502 of these regulations.

Amendment of NOTE filed 5-13-81; designated effective 5-23-81.

§260.1. Prohibition Against Hunting Other Than During September-January on Providence Mountains State Recreation Area.

Notwithstanding any other provisions of these regulations, in Providence Mountains State Recreation Area hunting is permitted only during the period September 1 to January 31.

Amendment of NOTE filed 5-13-81; designated effective 5-23-81.

§260.2. Hunting Restrictions on Lake Oroville State Recreation Area.

Game species may be taken on the Lake Oroville State Recreation Area only as follows:

(a) No hunting of any type is permitted between February 1 and September 14 except for wild turkeys only, during the spring turkey hunting season as provided in Section 306 of these regulations.

(b) No waterfowl or deer hunting is permitted at any time.

(c) Game species may be taken only during their respective open seasons or portions thereof falling within the period September 15 through January 31; and as provided in (a) above; and as otherwise provided by state Parks and Recreation area regulations (see area regulations).

Amendment of subsection (a) filed 9-16-81; designated effective 9-26-81.

§260.3. Prohibition Against Taking Other Than Migratory Game Birds on San Luis Reservoir State Recreation Area.

Notwithstanding any other provision of these regulations, in San Luis Reservoir State Recreation Area, only migratory waterfowl may be taken or possessed as prescribed in Section 502 of these regulations.

Amendment of NOTE filed 5-13-81; designated effective 5-23-81.

§260.4. Prohibition Against Taking Other Than Waterfowl and Resident Small Game on Perris Reservoir State Recreation Area.

Notwithstanding any other provision of these regulations, in Perris Reservoir State Recreation Area only waterfowl and resident small game may be taken or possessed as prescribed in Section 551 of these regulations.

Amendment of NOTE filed 5-13-81; designated effective 5-23-81.

§260.5. Prohibition Against Taking Other Than Waterfowl, American Coots, Common Moorhens and Common Snipe Within Harry A. Merlo State Recreation Area.

Notwithstanding any other provision of these regulations, in Harry A. Merlo State Recreation Area, only waterfowl, American coots, common moorhens and common snipe may be taken or possessed as prescribed in Section 502 of these regulations.

Amendment filed 10-11-85; effective upon filing.

§262. Prohibition Against Hunting on Portions of Frank's Tract State Recreation Area.

That portion of Frank's Tract State Recreation Area lying southwest of the following line is closed to hunting: Beginning at a point on Little Frank's Tract 2,000 feet north of the Piper Slough; southeast 2,000 feet east of the Piper Slough levee to the junction of the Holland Island levee.

New section filed 10-14-82; effective upon filing.

§263. Prohibition Against Night Hunting.

Notwithstanding any other provisions of these regulations, hunting wildlife from one-half hour after sunset to one-half hour before sunrise is prohibited in Monterey and San Benito counties east of Highway 101.

Amendment of NOTE filed 5-13-81; designated effective 5-23-81.

Chapter 2. Resident Small Game

§300. Upland Game Birds.

(a) Resident Upland Game Birds

(b) Migratory Upland Game Birds

Amendment filed 8/25/09; effective 9/24/09.

§310.5. Shooting Hours for Upland Game Birds.

The shooting hours for all upland game birds, except for pheasants and the spring wild turkeys season, shall be from one-half hour before sunrise to sunset. The shooting hours for pheasants shall be from 8:00 a.m. to sunset. The shooting hours for the spring wild turkey season shall be from one-half hour before sunrise to 4:00 p.m.

Amendment of section heading and repealer and new section filed 10-2-98; operative 10-2-98.

§311. Methods Authorized for Taking Resident Small Game.

Only the following may be used to take resident small game:

(a) Shotguns 10 gauge or smaller using shot shells only and incapable of holding more than three shells in the magazine and chamber combined. If a plug is used to reduce the capacity of a magazine to fulfill the requirements of this section, the plug must be of one piece construction incapable of removal without disassembling the gun;

(b) Shotgun shells may not be used or possessed that contain shot size larger than No. BB, except that shot size larger than No. 2 may not be used or possessed when taking wild turkey. All shot shall be loose in the shell.

(c) Muzzle-loading shotguns;

(d) Falconry;

(e) Bow and arrow (see Section 354 for archery equipment regulations);

(f) Air rifles firing pellets and powered by compressed air or gas (0.20 caliber minimum for taking wild turkey); and firearm rifles and pistols for taking rabbits and squirrels, except in Los Angeles County, in addition to the methods listed in (a), (b), (c), (d) and (e) above;

(g) In San Diego and Orange counties only, rabbits may be taken at any time during the open season by means of box traps. Such traps shall not exceed 24 inches in any dimension, shall be tended at least once every 24 hours, and shall show the name and address of the trap owner. All rabbits taken under this section shall be immediately killed and become a part of the daily bag limit;

(h) Electronic or mechanically-operated calling or sound-reproducing devices are prohibited when attempting to take resident game birds;

(i) Coursing dogs may be used to take rabbits;

(j) Archers hunting during any archery season may not possess a firearm while in the field engaged in archery hunting during an archery season;

(k) The use of live decoys is prohibited when attempting to take resident game birds;

(l) Pistols and revolvers may be used to take sooty and ruffed grouse in those counties only and for the season described in Section 300(a)(1)(E).

(m) Crossbows, except for provisions of Section 354(d) and (g).

(n) Dogs may be used to take and retrieve resident small game.

Amendment filed 8/25/09; effective 9/24/09

§311.6. Prohibition of Rifles and Pistols in Picacho and Providence Mountains State Recreation Areas.

The use of rifles and pistols to take any bird or mammal is prohibited in Picacho and Providence Mountains State Recreation Areas.

Amendment of NOTE filed 9-16-81; designated effective 9-26-81.

§313. Upland Game Bird Stamp.

Any adult License holder taking resident game birds including Chinese spotted doves, ringed turtle doves, of the family Columbidae; California quail and varieties thereof, Gambel's or desert quail, mountain quail and varieties thereof, sooty, ruffed, and sage grouse, white-tailed ptarmigan, Hungarian partridges, red-legged partridges including the chukar and other varieties, ring-necked pheasants and varieties, and wild turkeys of the order Galliformes; and migratory game birds including common snipe, western mourning doves, white-winged doves, and band-tailed pigeons must have a current state upland game bird stamp affixed to their license.

Amendment filed 8/25/09; effective 9/24/09.

§354. Archery Equipment and Crossbow Regulations.

(a) Bow, as used in these regulations, means any device consisting of a flexible material having a string connecting its two ends and used to propel an arrow held in a firing position by hand only. Bow, includes long bow, recurve or compound bow.

(b) Crossbow, as used in these regulations means any device consisting of a bow or cured latex band or other flexible material (commonly referred to as a linear bow) affixed to a stock, or any bow that utilizes any device attached directly or indirectly to the bow for the purpose of keeping a crossbow bolt, an arrow or the string in a firing position. Except as provided in subsection 354(j), a crossbow is not archery equipment and cannot be used during the archery deer season.

(c) For the taking of big game, hunting arrows and crossbow bolts with a broad head type blade which will not pass through a hole seven-eighths inch in diameter shall be used. Mechanical/retractable broad heads shall be measured in the open position. For the taking of migratory game birds, resident small game, furbearers and nongame mammals and birds any arrow or crossbow bolt may be used except as prohibited by subsection (d) below.

(d) No arrows or crossbow bolt with an explosive head or with any substance which would tranquilize or poison any animal may be used. No arrows or crossbow bolt without flu-flu fletching may be used for the take of pheasants and migratory game birds, except for provisions of section 507(a)(2).

(e) No arrow or crossbow bolt may be released from a bow or crossbow upon or across any highway, road or other way open to vehicular traffic.

(f) No bow or crossbow may be used which will not cast a legal hunting arrow, except flu-flu arrows, a horizontal distance of 130 yards.

(g) Except as described in subsection 354(j), crossbows may not be used to take game birds and game mammals during archery seasons.

(h) Except as provided in subsection 353(g), archers may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery only tag.

(i) No person may nock or fit the notch in the end of an arrow to a bowstring or crossbow string in a ready-to-fire position while in or on any vehicle.

(j) Upon application to the department, the department may issue a Disabled Archer Permit free of any charge or fee, to any person with a physical disability, as defined in 354(k), which prevents him/her from being able to draw and hold a bow in a firing position. The Disabled Archer Permit authorizes the disabled archer to use a crossbow or device which holds a string and arrow in the firing position to assist in the taking of birds and mammals under the conditions of an archery tag or during archery season.

(1) Applications for a Disabled Archer Permit, 2005/2006 Disabled Archer Permit Application, (Form FG 537 (New 1/05) ) shall be submitted to the department at the address specified on the application and shall include:

(A) Applicant’s name

(B) Applicant’s physical address

(C) Applicant’s date of birth

(D) Applicant’s Driver’s License or DMV Number

(E) Applicant’s valid hunting license number

(F) Applicant’s telephone number

(G) Applicant’s signature

(H) Medical Physician’s name

(I) Medical Physician’s business address

(J) Medical Physician’s business telephone number

(K) Medical Physician’s State medical license number

(L) A description of the disabled archer’s disability

(M) Medical Physician’s signature

(N) Signature of the authorizing department employee and date issued

(2) The valid Disabled Archer Permit shall be in the archer’s immediate possession while hunting and shall be shown on demand to any person authorized to enforce this regulation.

(3) The Disabled Archer Permit is valid from July 1 through June 30 of the following year.

(k) For the purposes of this section a physical disability means, a person having a permanent loss, significant limitation, or diagnosed disease or disorder, which substantially impairs one or both upper extremities preventing a hunter to draw and hold a bow in a firing position.

Amendment of subsection (j) and new subsections (j)(1)-(k) filed 7-19-2005; operative 7-19-2005.

Chapter 6. Nongame Animals

§472. General Provisions.

Except as otherwise provided in Sections 478 and 485 and subsections (a) through (d) below, nongame birds and mammals may not be taken.

(a) The following nongame birds and mammals may be taken at any time of the year and in any number except as prohibited in Chapter 6: English sparrow, starling, coyote, weasels, skunks, opossum, moles and rodents (excluding tree and flying squirrels, and those listed as furbearers, endangered or threatened species).

(b) Fallow, sambar, sika, and axis deer may be taken only concurrently with the general deer season.

(c) Aoudad, mouflon, tahr, and feral goats may be taken all year.

(d) American crows (Corvus brachyrhynchos) may be taken only under the provisions of Section 485 and by landowners or tenants, or by persons authorized in writing by such landowners or tenants, when American crows are committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. Persons authorized by landowners or tenants to take American crows shall keep such written authorization in their possession when taking, transporting or possessing American crows. American crows may be taken only on the lands where depredations are occurring or where they constitute a health hazard or nuisance. If required by Federal regulations, landowners or tenants shall obtain a Federal migratory bird depredation permit before taking any American crows or authorizing any other person to take them.

American crows may be taken under the provisions of this subsection only by firearm, bow and arrow, falconry or by toxicants by the Department of Food and Agriculture for the specific purpose of taking depredating crows. Toxicants can be used for taking crows only under the supervision of employees or officers of the Department of Food and Agriculture or federal or county pest control officers or employees acting in their official capacities and possessing a qualified applicator certificate issued pursuant to sections 14151-14155 of the Food and Agriculture Code. Such toxicants must be applied according to their label requirements developed pursuant to sections 6151-6301, Title 3, California Code of Regulations.

Amendment of Note filed 6-26-96; operative 7-1-96.

§473. Possession of Nongame Animals.

Any nongame bird or mammal that has been legally taken pursuant to this chapter may be possessed.

Amendment of NOTE filed 5-13-81; designated effective 5-23-81.

§475. Methods of Take for Nongame Birds and Nongame Mammals.

Nongame birds and nongame mammals may be taken in any manner except as follows:

(a) Poison may not be used.

(b) Recorded or electrically amplified bird or mammal calls or sounds or recorded or electrically amplified imitations of bird or mammal calls or sounds may not be used to take any nongame bird or nongame mammal except coyotes, bobcats, American crows and starlings.

(c) Fallow deer, sambar deer, axis deer, sika deer, aoudad, mouflon, tahr and feral goats may be taken only with the equipment and ammunition specified in Section 353 of these regulations.

(d) Traps may be used to take nongame birds and nongame mammal only in accordance with the provisions of Section 465.5 of these regulations and sections 3003.1 and 4004 of the Fish and Game Code.

(e) No feed, bait or other material capable of attracting a nongame mammal may be placed or used in conjunction with dogs for the purpose of taking any nongame mammals. Nothing in this section shall prohibit an individual operating in accordance with the provisions of Section 465.5 from using a dog to follow a trap drag and taking the nongame mammal caught in that trap.

(f) Methods of take within the California condor range. Except as otherwise provided, it is unlawful to use or possess projectiles containing more than one percent lead by weight while taking or attempting to take any nongame birds or nongame mammals in those areas described in Section 3004.5, Fish and Game Code.

(1) For purposes of Section 475, a “projectile” is defined as any bullet, ball, sabot, slug, buckshot, shot, pellet or other device which is expelled from a firearm through a barrel by force.

(2) Except as otherwise provided, it is unlawful to possess any projectile containing lead in excess of the amount permitted in subsection 475(f) and a firearm capable of firing the projectile while taking or attempting to take any nongame bird or nongame mammal within the area described in subsection 475(f). The possession of a projectile containing lead in excess of the amount allowed in subsection 475(f) without possessing a firearm capable of firing the projectile is not a violation of this section.

New subsections (f)-(f)(2) and amendment of Note filed 5-15-2008; operative 7-1-2008

§485. American Crow.

(a) Shotgun, Falconry, and Archery Seasons, and Bag and Possession Limits.

(1) Season: The first Saturday in December and extending for 124 consecutive days.

(2) Daily Bag and Possession Limits

Bag Limit: 24 crows per day

Possession Limit: double the daily bag limit

(3) Area: Statewide: see closure area (d) below

(b) Crows may only be taken by shotguns 10 gauge or smaller using shot shells only and incapable of holding more than three shells in the magazine and chamber combined, bow and arrow, and falconry. Crows may not be hunted from aircraft.

(c) No person shall kill or cripple a crow pursuant to this section without making a reasonable effort to retrieve the bird, and retain it in their actual custody at the place where taken or between that place and either: (1) their automobile or principal means of land transportation; or (2) their personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.

(d) Crows may not be taken in the following areas:

(1) Within the boundaries of the Trinity and Mendocino National Forests south of Highway 36.

(2) North and east of a line beginning at the mouth of the Eel River; south along the Eel River to the town of Alton; east on Highway 36 from the town of Alton to Highway 89 west of Chester; south and east on Highways 89 and 395 to Interstate 15 near Hesperia; south on Interstate 15 to Interstate 10; and east on Interstate 10 to the California-Arizona border.

(e) See Section 472(d) for the take of American crows causing depredation.

Repealer of first paragraph and subsections (a) and (b), new subsection (a) and subsection relettering filed 10-2-98; operative 10-2-98 .

More information on the laws and regulations concerning the take of American Crows.

Chapter 7. Migratory Game Birds

§505. Decoys.

The use of live birds as decoys is prohibited.

Amendment filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).

§506. Shooting Hours.

The shooting hours for migratory game birds, including mourning doves, white-winged doves, band-tailed pigeons, American coots, common moorhens, common snipe (jacksnipe), and waterfowl for all of California shall be from one-half hour before sunrise to sunset.
Exception: In areas open to hunting on, over or adjacent to the waters of Morro Bay, San Luis Obispo County, the shooting time shall be from 7:00 a.m. to sunset.

Amendment of last paragraph and Note filed 9-30-2005; operative 9-30-2005.

§507. Provisions Related to the Taking of Migratory Game Birds.

(a) Authorized Methods. Only the following methods may be used to take migratory game birds:

(1) Falconry.

(2) Bow and Arrows or Crossbows. Only arrows or crossbows bolts with flu- flu fletching may be used except that conventionally fletched arrows may be used to take waterfowl sitting on the water from scullboats or similar watercraft. Archers hunting during any archery season may not possess a firearm while in the field engaged in archery hunting.

(3) Muzzle-loading Shotguns.

(4) Shotguns 10 Gauge or Smaller. Shotguns 10 gauge or smaller using shot shells only and incapable of holding more than three shells in the magazine and chamber combined may be used. except no shotgun larger than 12 gauge shall be used in areas open to hunting on, over or adjacent to the waters of Morro Bay, San Luis Obispo County. If a plug is used to reduce the capacity of a magazine to fulfill the requirements of this section, the plug must be of one piece construction incapable of removal without disassembling the gun. Shotgun shells may not be used or possessed that contain shot size larger than No. BB in lead or T shot in steel or other nontoxic shot approved by the U.S. Fish and Wildlife Service. All shot shall be loose in the shell.

(b) Use of Dogs. Dogs may be used to take and retrieve migratory game birds.

(c) Prohibition on Electronic or Mechanically-operated Devices. Electronic or mechanically-operated calling or sound-reproducing devices are prohibited when attempting to take migratory game birds. It is unlawful to use electronic or mechanically-operated spinning blade devices or spinning wing decoys when attempting to take waterfowl between the start of waterfowl season and November 30. For the purposes of this regulation, wind-powered spinning blade devices and kites are not prohibited.

(d) Live Decoy Prohibition. The use of live decoys is prohibited when attempting to take migratory game birds.

Amendment of subsection (c) filed 10-9-2002; operative 10-12-2002.

§507.5. Scull Boats.

Migratory game birds may not be taken by a scull boat or similar watercraft while under motorized power. The motor shall be removed from its mountings before any take or approach is attempted.

This section shall not prohibit shooting migratory game birds from scull boats or similar watercraft with motor attached if beached or anchored; nor shall it prohibit the use of a motor for the sole purpose of picking up dead or injured birds.

New section filed 8-24-71, effective 8-24-71.

§509. Concurrence with Federal Regulations.

The regulations adopted by the United States through its Secretary of Interior under the Migratory Bird Treaty Act, as amended annually in Part 10, subparts A and B, and Part 20, Title 50, Code of Federal Regulations, are hereby adopted and made a part of this Title 14 except where said federal regulations are less restrictive than the provisions of Chapter 7 of this Title 14 (sections 500-509), the provisions of Chapter 7 prevail.

(b) Any violations of the regulations adopted pursuant to subsection (a) are violations of this section.

(c) It shall be unlawful for any person aged sixteen years or older to take any migratory waterfowl unless at the time of such taking the person carries in his or her immediate possession an unexpired Federal migratory-bird hunting and conservation stamp validated by his or her signature written by him or herself in ink across the face of the stamp prior to any taking of such birds.

Designation of existing regulation as subsection (a), new subsections (b)-(c) and amendment of Note filed 9-19-2007; operative 9-19-2007.

Subdivision 3 General Regulations

Chapter 3 Miscellaneous

§700. Hunting and Fishing Licenses, Possession and Display Of.

(a) Display of Sport Fishing License: Every person, while engaged in taking any fish, amphibian or reptile, shall display their valid sport fishing license by attaching it to their outer clothing at or above the waistline so that it is plainly visible, except when diving as provided in Section 7145 of the Fish and Game Code.

(b) Possession of Hunting License: Every person, while engaged in taking any bird or mammal must have on their person or in their immediate possession a valid hunting license.

Amendment filed 2-25-94; operative 2-25-94 .

§730. Camping Near or Occupying Wildlife Watering Places.

(a) Camping/Occupying Defined. For purposes of this Section, camping/occupying is defined as establishing or inhabiting a camp; resting; picnicking; sleeping; parking or inhabiting any motor vehicle or trailer; hunting; or engaging in any other recreational activity for a period of more than thirty (30) minutes at a given location.
(b) Wildlife Watering Places Defined. For purposes of this Section, wildlife watering places are defined as waterholes, springs, seeps and man-made watering devices for wildlife such as guzzlers (self-filling, in-the-ground water storage tanks), horizontal wells and small impoundments of less than one surface acre in size.
(c) Prohibitions.
(1) Camping/Occupying is prohibited within 200 yards of the following:
(A) Any guzzler or horizontal well for wildlife on public land within the State of California.
(B) Any of the wildlife watering places on public land within the boundary of the California Desert Conservation Area as depicted on the Bureau of Land Management maps of “Calif. Federal Public Lands Responsibility,” “Calif. Desert Conservation Area” and the new “Desert District, B.L.M.”
(2) Camping/Occupying is prohibited within one-quarter mile of the following wildlife watering places:
(A) Butte Well--T31N, R14E, Section 28, NE1/4, M.D.B.M., Lassen County.
(B) Schaffer Well--T31N R14E, Section 25, Center, M.D.B.M., Lassen County.
(C) Tableland Well--T31N, R14E, Section 17, SE1/4, M.D.B.M., Lassen County.
(D) Table Mountain Well--T31N, R14E, Section 32, SE1/4, M.D.B.M., Lassen County.
(E) Timber Mountain Well--T44N, R6E, Section 33, M.D.B.M., Modoc National Forest, Modoc County.
(F) Belfast Well--T31N, R14E, Section 31, NE1/4, M.D.B.M., Lassen County.

Amendment of section heading and repealer and new section filed 8-31-98; operative 8-31-98.