Section 251.2 - Permits to Pursue, Drive, Herd, or Take Birds and MammalsPermits to pursue, drive, herd, or take birds and mammals with or from motorized water, land, or air vehicles may be issued by the department under and subject to the following conditions:
(a) To Whom Issued. Permits may be issued to landowners, tenants, or lessees suffering damage, actual or immediately threatened, to land or property by birds or mammals. Permits may not be issued to any person less than 18 years of age. The privilege granted in a permit entitles only the permittee, members of his family, his employees or contractors to pursue, drive, herd, or take birds and mammals in accordance with the provisions of the permit. No permittee shall allow any person under 16 years of age to take, pursue, drive, or herd birds or mammals under a permit. No permit may be transferred to another person.(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. This exemption shall not be effective unless the agencies or their employees or contractors are performing their required duties in accordance with applicable Federal regulations. 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.(e) Permit Limitations. A permit issued pursuant to these regulations shall not authorize the permittee to kill any game bird or game mammal. A permit shall be valid on public lands only if the permittee has permission from the agency controlling the lands to exercise the privileges of the permit on such lands, or if the permittee, by obtaining a permit under these regulations, has fulfilled applicable requirements set forth in Federal laws and regulations. The department may impose any additional limitation or requirement in a permit as needed to prevent unnecessary harm to any species of wildlife or for public safety reasons.
(f) Reports. The permittee shall submit a report within 15 days following expiration of the permit showing the number of birds or mammals taken under the permit, except that any permittee authorized to use any type of aircraft under such permit shall submit a report to the department each calendar quarter showing the number and species of animals taken.Cal. Code Regs. Tit. 14, § 251.2
1. New section filed 7-6-72; effective thirtieth day thereafter (Register 72, No. 28).
2. Amendment filed 1-16-74; effective thirtieth day thereafter (Register 74, No. 3).
3. Amendment of subsections (a) and (b) filed 12-9-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 50).
4. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20). Note: Authority cited: Section 3003.5, Fish and Game Code. Reference: Section 3003.5, Fish and Game Code.
1. New section filed 7-6-72; effective thirtieth day thereafter (Register 72, No. 28).
2. Amendment filed 1-16-74; effective thirtieth day thereafter (Register 74, No. 3).
3. Amendment of subsections (a) and (b) filed 12-9-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 50).
4. Amendment of NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).