Below, are some of California's laws and regulations, and local ordinances that pertain to wildlife, with our interpretation italicized. We've also included some examples from other states and countries.

 

CALIFORNIA CODE OF REGULATIONS, TITLE 14

§465.5 (f)(1). Trap Number Requirement. Any person who traps furbearing mammals or nongame mammals shall obtain a trap number issued by and registered with the department. All traps, before being put into use, shall bear only the current registered trap number or numbers of the person using, or in possession of those traps. This number shall be stamped clearly on the trap or on a metal tag attached to the chain of the trap or to any part of the trap.

It is illegal to set or maintain traps that do not bear a number or other identifying mark registered with the Department of Fish and Wildlife. This would include a property owner who wishes to set a trap for a wild animal in his/her backyard - before doing so, they must receive an identifying number and affix it to the trap.

§465.5 (g)(1). Immediate Dispatch or Release. All furbearing and nongame mammals that are legal to trap must be immediately killed or released. 

Trapped animals must be immediately euthanized or released on site. Relocation of trapped wildlife is prohibited. See section 679 (f)(4) below.

§465.5 (g)(2). Trap Visitation Requirement. All traps shall be visited at least once daily by the owner of the traps or his/her designee. Each time traps are checked all trapped animals shall be removed.

§465.5 (g)(3). Trap Placement Requirement. Traps may not be set within 150 yards of any structure used as a permanent or temporary residence, unless such traps are set by a person controlling such property or by a person who has and is carrying with him written consent of the landowner to so place the trap or traps.

Simply put, no person may set a trap within 150 yards of a residence without written consent from the owner of that residence. We believe this regulation was initially written to help protect domestic animals from being trapped and injured. Today, we believe this subsection provides neighbors an important right - a say in what happens to shared natural resources - the wildlife.

§475 (a). Poison may not be used.

§679 (f)(4). Possession of Wildlife. Any healthy wildlife trapped in towns or cities or removed from under buildings or otherwise taken or trapped in accordance with Section 4152 or 4180, Fish and Game Code shall be immediately released in the area where trapped or disposed of as directed or authorized by the department.

 

REPORT VIOLATIONS

To check on a license or report a possible trapping violation, contact the Department of Fish and Wildlife Trapping License Office 916-928-5852 or one of the regional offices, or, call CalTip at 1-888-334-2258.

FRESNO - 1234 E. Shaw Ave., Fresno, CA 93710 (559) 222-3761

MONTEREY - 20 Lower Ragsdale Dr., Monterey, CA 93940 (831) 649-2810

NAPA - 7329 Silverado Trail, Napa, CA 94558 (707) 944-5500

ONTARIO - 3602 Inland Empire Blvd., Suite C-220, Ontario, CA 91764 (909) 484-0167

RANCHO CORDOVA - 1701 Nimbus Rd., Rancho Cordova, CA 95670 (916) 358-2900

REDDING - 601 Locust St., Redding, CA 96001 (530) 225-2300

SAN DIEGO - 4949 Viewridge Ave., San Diego, CA 92123 (858) 467-4201

 

§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.

§251.3. Prohibition Against Feeding Big Game Mammals. No person shall knowingly feed big game mammals, as defined in Section 350 of these regulations

 

CALIFORNIA FISH AND GAME CODE

4152: Non-Game birds and mammals injuring crops and property (includes red fox squirrel and jack rabbits) may be taken any time and in any manner in accordance with the regulations...

4180: Furbearing mammals damaging property may be taken in any manner in accordance with this code and regulations...

Wildlife injuring crops of property can be "taken" or killed, but only in accordance with current regulations (below).

Additionally, there must be cause - damage to crops or property before fur-bearers or non-game mammals may be taken, and then, only the animal(s) causing the damage may be taken - non-target animals that are inadvertently trapped must be immediately released on site.

§4004. Unlawful Methods of Taking. It is unlawful to do any of the following:

(a) Use a steel-jawed leghold trap, or use any trap with saw-toothed or spiked jaws.

(b) Use a body-gripping trap, as defined in subdivision (a) of Section 3003.1, for the purpose of recreation or commerce in fur.

(c) Set or maintain traps that do not bear a number or other identifying mark registered to the department or, in the case of a federal, state, county, or city agency, bear the name of that agency, except that traps set pursuant to Section 4152 or 4180 shall bear an identifying mark in a manner specified by the department. No registration fee shall be charged pursuant to this subdivision.

(d) Fail to visit and remove all animals from traps at least once daily. If the trapping is done pursuant to Section 4152 or 4180, the inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set or an agent of either.

(e) Use a conibear trap that is larger than 6 inches by 6 inches, unless partially or wholly submerged in water. Unless prohibited by the department as a permit condition, a lawfully set conibear trap that is 10 inches by 10 inches or less may be set pursuant to subdivision (g) of Section 465.5 of Title 14 of the California Code of Regulations.

(f) When any conibear trap is set on publicly owned land or land expressly open to public use, fail to post New 4 signs at every entrance and exit to the property indicating the presence of conibear traps and at least four additional signs posted within a radius of 50 feet of the trap, one in each cardinal direction, with lettering that is a minimum of three inches high stating: “Danger! Traps Set For Wildlife. Keep Out.” Signs shall be maintained and checked daily.

(g) Kill any trapped mammal in accordance with this section by intentional drowning, injection with any chemical not sold for the purpose of euthanizing animals, or thoracic compression, commonly known as chest crushing. This subdivision shall not be construed to prohibit the use of lawfully set conibear traps set partially or wholly submerged in water for beaver or muskrat or the use of lawfully set colony traps set in water for muskrat.

 

CALIFORNIA PENAL CODE

§597. Cruelty to Animals. (a) Except as provided in subdivision (c) of this section or Section 599c, every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment. (b) Except as otherwise provided in subdivision (a) or (c), every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is, for every such offense, guilty of a crime punishable as a misdemeanor or as a felony or alternatively punishable as a misdemeanor or a felony and by a fine of not more than twenty thousand dollars ($20,000). (c) Every person who maliciously and intentionally maims, mutilates, or tortures any mammal, bird, reptile, amphibian, or fish as described in subdivision (d), is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in the county jail for not more than one year, by a fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment. (d) Subdivision (c) applies to any mammal, bird, reptile, amphibian, or fish which is a creature described as follows: (1) Endangered species or threatened species as described in Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code. (2) Fully protected birds described in Section 3511 of the Fish and Game Code. (3) Fully protected mammals described in Chapter 8 (commencing with Section 4700) of Part 3 of Division 4 of the Fish and Game Code. (4) Fully protected reptiles and amphibians described in Chapter 2 (commencing with Section 5050) of Division 5 of the Fish and Game Code. (5) Fully protected fish as described in Section 5515 of the Fish and Game Code. This subdivision does not supersede or affect any provisions of law relating to taking of the described species, including, but not limited to, Section 12008 of the Fish and Game Code. (e) For the purposes of subdivision (c), each act of malicious and intentional maiming, mutilating, or torturing a separate specimen of a creature described in subdivision (d) is a separate offense. If any person is charged with a violation of subdivision (c), the proceedings shall be subject to Section 12157 of the Fish and Game Code.