§ 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.

HISTORY

1. New section filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).

2. New subsection (c) filed 7-6-72 as an emergency; effective upon filing (Register 72, No. 28).

3. Certificate of Compliance filed 8-23-72 (Register 72, No. 35).

4. Amendment filed 6-4-76; designated effective 7-1-76 (Register 76, No. 23).

5. Amendment of subsections (c) and (d) and new subsection (e) filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).

6. Amendment of subsection (b) filed 7-1-86; effective upon filing (Register 86, No. 27).

7. Change without regulatory effect amending subsection (c) filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).

8. Amendment of section heading, section and Note filed 6-2-99; operative 6-2-99 pursuant to Fish and Game Code sections 202 and 215 (Register 99, No. 23).

9. New subsections (f)-(f)(2) and amendment of Note filed 5-15-2008; operative 7-1-2008 (Register 2008, No. 20).

Note

Note: Authority cited: Sections 200, 202, 203, 355, 3003.1, 3800 and 4150, Fish and Game Code. Reference: Sections 200, 202, 203, 203.1, 207, 355, 356, 2055, 3003.1, 3004.5, 3800 and 4150, Fish and Game Code.