SB 1645/DFG Code 4005

Section 4005 Fish and Game Code of Regulations

(a) Except as otherwise provided in this section, every person, other than a fur dealer, who traps fur-bearing mammals or non-game mammals, designated by the commission or who sells raw furs of those mammals, shall procure a trapping license. "Raw fur" means any fur, pelt, or skin that has not been tanned or cured, except that salt-cured or sun-cured pelts are raw furs.

(b) The department shall develop standards that are necessary to ensure the competence and proficiency of applicants for a trapping license. No person shall be issued a license until he or she has passed a test of his or her knowledge and skill in this field.

(c) Persons trapping mammals in accordance with Section 4152 or 4180 are not required to procure a trapping license except when providing trapping services for profit.

(d) No raw furs taken by persons providing trapping services for profit may be sold.

(e) Officers or employees of federal, county, or city agencies or the department, when acting in their official capacities, or officers or employees of the Department of Food and Agriculture when acting pursuant to the Food and Agricultural Code pertaining to pests or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code, are exempt from the license requirement of this section.

Section 4152.

Except as provided in Section 4005, non-game mammals and black-tailed jackrabbits, muskrats, and red fox squirrels that are found to be injuring growing crops or other property may be taken at any time or in any manner in accordance with this code by the owner or tenant of the premises or employees thereof, except that if leghold steel-jawed traps are used to take those mammals, the traps and the use thereof shall be in accordance with subdivisions (a), (b), and (d) of Section 4004. They may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city, officers or employees when acting in their official capacities pursuant to the provisions of the Food and Agricultural Code pertaining to pests, or pursuant to Article 6 (commencing with Section 6021 of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code. Persons taking mammals in accordance with this section are exempt from the requirements of Section 3007. Raw furs, as defined in Section 4005, that are taken under this section, may not be sold. Traps used pursuant to this section shall be inspected and all animals in the trap shall be removed at least once daily. 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.

Section4180.

Except as provided for in Section 4005, fur-bearing mammals that are injuring property may be taken at any time and in any manner in accordance with this code, except that if leghold steel-jawed traps are used to take those mammals, the traps and the use thereof shall be in accordance with subdivisions (a), (b), and (d) of Section 4004. Raw furs, as defined in Section 4005, that are taken under this section, may not be sold.

Traps used pursuant to this section shall be inspected and all animals in the trap shall be removed at least once daily. 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.


Questions Regarding New Trapper's License Law

The California NWCO Association, having received numerous inquiries from its members regarding the new trapping license law, turned to the Department of Fish and Game for answers. Listed below are our questions and the Department's official responses thoughtfully and intrepidly provided by Deputy Chief Joe Gonzales, Administrator of the DFG Hunter Education Program in Sacramento and Captain Tom Belt of the Law Enforcement Unit of DFG Region 3 in Yountville.

1. I failed to renew my valid trapper's license a few years ago. Can I now reinstate the license without having to re-take the Trapping Exam?

Response: Any person who can show proof of being previously licensed as trapper will not be required to re-take the trappers' exam.

2. A company employs Animal Damage Control Technicians who are paid to trap raccoons and other California mammals. Do they each need a license or can they work under the business owner's trapping license?

Response: Each licensee is required to have his or her own trapping license in possession. Per CCR Title 14, section 465(f) 1, which states; any person who traps fur-bearing mammals or non-game 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.

3. If all the traps belong to the company, but the animals are trapped by various employees, whose trap number is to be placed on the traps?

According to the Title 14 section referred to in the previous answer, "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."

4. I understand that metal tags bearing the "permanent trapping license number" must be affixed to every trap except rat and mouse snap traps. Is this correct?

Response: This is correct. Common mouse and rat traps are exempt from being marked, per T-14 section 465 (g), "Except for common rat and mouse traps, all traps used pursuant to this subsection must be numbered as required by subsection (f) (1)".

5 I've heard it said regarding this new law that the Department of Fish and Game is "not interested in rats and mice". I assume then that DFG could also say that they aren't interested in gophers, moles and voles or maybe not interested in non-game mammals altogether. I question the ability of a Department of government to assume a posture of indifference in the face of a law that requires enforcement. Please explain where my understanding fails?

Response: Your response is not correct. Fish and Game Code section 4005(a) states; Every person who traps fur-bearing mammals shall procure a trapping license. Any person taking non-game mammals must be licensed. Section 472-T-14 defines non-game mammals. "Except as otherwise provided is section 478 (bobcats) and 465 (American crow) and subsection (a) through (d) below, non-game birds and mammals may not be taken. (a) The following non-game 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 fur-bearers, endangered or threatened species.

6. Will a person be able to take the Trappers Exam in Spanish?

Response: The Department will accommodate any person wishing to take the exam in another language e.g., Spanish, Vietnamese, etc. This person should make prior arrangements with DFG in order to accommodate his or her needs.

7. Can a person still take the Trapping License Exam given in years past?

Response: The current exam will be in effect until a new version addressing the needs of the new legislation

8. A NWCO friend told me that his DFG Region does not require him to submit the annual trapping report as a condition of renewal. Is this another case where Regional DFG personnel have the option to establish their own policy?

Response: The annual trapping report is not required for animals taken by licensees who provide trapping services for profit. This statement appears on the back of all trapping licenses issued throughout the state.

9. An Animal Control Technician, employed by a non-governmental organization, believes that she is exempt from the new trapping license law even thought she receives wages for trapping. I say that exemptions only apply to governmental employees. Who is right?

Response: Fish and Game Code section 4005 (e) states; Officers or employees of federal, county, or city agencies or the department, when acting in their official capacities, or officers or employees of the Department of Food and Agriculture when acting pursuant to the Food and Agricultural Code pertaining to pests or pursuant to Article 6 of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code, are exempt for the licensing requirement of this section. This exemption would not include non-governmental organizations.

10. I am a licensed Branch 2 Structural Pest Control Operator. Since I am already authorized by the State of California to trap pests including mammals why do I now have to get the DFG trapping license?

Response: Your license, issued by the Department of Consumer Affairs, allows you to use pesticides and other chemicals to perform your duties, but it does not authorize you to trap animals regulated by the Department of Fish and Game.

11. The California Department of Pesticide Regulation has issued a Trapper's License to my wildlife control business so why do I need two licenses to trap the same animal?

Response: Under SB 1645 any person providing trapping services for profit must procure a trapping license required by Fish and Game Code, Section 4005.

12. I pay my gardener to trap gophers and an occasional raccoon. Does he need this new license too?

Response: Any person providing a trapping service for profit is required under the new law to procure a trapping license. If your gardener is paid by you to trap gophers and raccoons he would be required to have a trapping license.

13. What is the penalty for being convicted of violating this law? How large is the fine? Jail time too?

Response: A violation of this section is a misdemeanor that carries a fine up to $1,000 dollars and up to a year in the county jail.

14. How can California consumers check to see if a person is properly licensed before hiring him to trap their nuisance animals?

Response: You may ask the person or contact the DFG License and Revenue Section in Sacramento by phone at (916) 227-2272 or contact Sally Howard by email at showard2dfg.ca.gov.

15. Section 8555(g) of the Business and Professions Code exempts me from the requirements of the Structural Pest Control Act and allows me to trap and remove raccoons from a yard or house. What's up with this new license?

Response. This new law requires anyone providing trapping services for profit to procure a trapping license. No exemptions are provided for you under section 4005 of the Fish and Game Code.

16. Does the "three strikes" rule apply here?

Response: No

17. Does the DFG believe it can assess competence in trapping with a paper and pencil test?

Response: Section 4005(b) as amended by this legislation, requires the department to develop standards to ensure competence and proficiency for a trapping license. The Department is working with industry to develop the best exam possible to address the competence of anyone applying for a trapping license.

18. How does DFG determine the proper standard for proficiency in trapping? Why don't you require proof of proficiency in catching Salmon as a prerequisite for a fishing license?

Response: The current standard for proficiency in trapping was developed by individuals and associations that were experienced in the use of traps. The department continues to work with these individual groups to ensure that the standards reflect or incorporate the standards and changes in law as used by industry.

19. The law went into effect on January 1, 2003 and since I don't have a DFG Trapping License, I guess I'm breaking the law, but the DFG office in my city won't let me take the test. What can I do?

Response: All DFG regions have been notified to administer the current trapping test until a new version of the test is developed.

20. Will I be required to take additional training in order to renew my trapping license?

Response: No, there is no required training in this new change of law. DFG will provide the material for your review prior to taking the current exam or the new exam when completed.



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