West's Annotated California Codes Currentness. Fish and Game Code. Division 4. Birds and
Mammals. Part 3. Mammals. Chapter 10. Mountain Lions

Citation: CA FISH & G § 4800 – 4809

Citation: West's Ann. Cal. Fish & G. Code § 4800 – 4809

Summary:
California statutes make mountain lions specially protected mammals. These sections make it
unlawful to take, injure, possess, transport, import, or sell any mountain lion or any part or
product thereof. Specific exceptions to these prohibitions include instances where a mountain
lion is perceived to be an imminent threat to public health or safety or when it is perceived by
to be an imminent threat to the survival of any threatened, endangered, candidate, or fully
protected sheep species.

Statute in Full:
§ 4800. Mountain lion as specially protected mammal; Prohibition against taking; Punishment
for violation

§ 4801. Removal or taking of mountain lion perceived to be threat to public health or safety

§ 4802. Report of injury to property or livestock

§ 4803. Confirmation of report

§ 4804. Issuance of permits; Conditions

§ 4805. Authorization for pursuit after and taking of depredating mountain lion

§ 4806. Report of capture, injuring, or killing of mountain lion

§ 4807. Immediate taking of mountain lion encountered while injuring or killing livestock or
domestic animals; Report

§ 4808. "Agent"

§ 4809. Manner of taking

§ 4800. Mountain lion as specially protected mammal; Prohibition against taking; Punishment
for violation

(a) The mountain lion (genus Felis) is a specially protected mammal under the laws of this
state.

(b) It is unlawful to take, injure, possess, transport, import, or sell any mountain lion or
any part or product thereof, except as specifically provided in this chapter or in Chapter 2
(commencing with Section 2116) of Division 3. This chapter does not prohibit the sale or
possession of any mountain lion or any part or product thereof, when the owner can demonstrate
that the mountain lion, part or product thereof, was in the person's possession on June 6, 1990.

(c) Any violation of this section is a misdemeanor punishable by imprisonment in the county
jail for not more than one year, or a fine of not more than ten thousand dollars ($ 10,000), or
by both that fine and imprisonment. An individual is not guilty of a violation of this section
if it is demonstrated that, in taking or injuring a mountain lion, the individual was acting in
self-defense or in defense of others.

(d) Section 219 does not apply to this chapter. Neither the commission nor the department shall
adopt any regulation that conflicts with or supersedes any of the provisions of this chapter.

CREDIT(S)

(Added by Initiative Measure (Prop.117), approved June 5, 1990.)

§ 4801. Removal or taking of mountain lion perceived to be threat to public health or safety

The department may remove or take any mountain lion, or authorize an appropriate local agency
with public safety responsibility to remove or take any mountain lion, that is perceived to be
an imminent threat to public health or safety or that is perceived by the department to be an
imminent threat to the survival of any threatened, endangered, candidate, or fully protected
sheep species.

CREDIT(S)

(Added by Initiative Measure (Prop.117, § 6), approved June 5, 1990. Amended by Stats.1999, c.
435 (A.B.560), § 1, eff. Sept. 17, 1999.)

§ 4802. Report of injury to property or livestock

Any person, or the employee or agent of a person, whose livestock or other property is being or
has been injured, damaged, or destroyed by a mountain lion may report that fact to the
department and request a permit to take the mountain lion.

CREDIT(S)

(Added by Initiative Measure (Prop.117, § 6), approved June 5, 1990.)

§ 4803. Confirmation of report

Upon receipt of a report pursuant to Section 4802, the department, or any animal damage control
officer specifically authorized by the department to carry out this responsibility, shall
immediately take the action necessary to confirm that there has been depredation by a mountain
lion as reported. The confirmation process shall be completed as quickly as possible, but in no
event more than 48 hours after receiving the report. If satisfied that there has been
depredation by a mountain lion as reported, the department shall promptly issue a permit to take
the depredating mountain lion.

CREDIT(S)

(Added by Initiative Measure (Prop.117, § 6), approved June 5, 1990.)

§ 4804. Issuance of permits; Conditions

In order to ensure that only the depredating mountain lion will be taken, the department shall
issue the permit pursuant to Section 4803 with the following conditions attached:

(a) The permit shall expire 10 days after issuance.

(b) The permit shall authorize the holder to begin pursuit not more than one mile from the
depredation site.

(c) The permit shall limit the pursuit of the depredating mountain lion to within a 10-mile
radius from the location of the reported damage or destruction.

CREDIT(S)

(Added by Initiative Measure (Prop.117, § 6), approved June 5, 1990.)

§ 4805. Authorization for pursuit after and taking of depredating mountain lion

Whenever immediate authorization, will materially assist in the pursuit of the particular
mountain lion believed to be responsible for the depredation reported pursuant to Section 4802,
the department or the animal damage control officer may orally authorize the pursuit and taking
of the depredating mountain lion, and the department shall issue a written permit for the period
previously authorized as soon as practicable after the oral authorization.

CREDIT(S)

(Added by Initiative Measure (Prop.117, § 6), approved June 5, 1990.)

§ 4806. Report of capture, injuring, or killing of mountain lion

Any person issued a permit pursuant to Section 4803 or 4805 shall report, by telephone within
24 hours, the capturing, injuring, or killing of any mountain lion to an office of the
department or, if telephoning is not practicable, in writing within five days after the
capturing, injuring, or killing of the mountain lion. At the time of making the report of the
capturing, injuring, or killing, the holder of the permit shall make arrangements to turn over
the mountain lion or the entire carcass of the mountain lion which has been recovered to a
representative of the department and shall do so in a timely manner.

CREDIT(S)

(Added by Initiative Measure (Prop. 117, § 6), approved June 5, 1990.)

§ 4807. Immediate taking of mountain lion encountered while injuring or killing livestock or
domestic animals; Report

(a) Any mountain lion that is encountered while in the act of pursuing, inflicting injury to,
or killing livestock, or domestic animals, may be taken immediately by the owner of the property
or the owner's employee or agent. The taking shall be reported within 72 hours to the
department. The department shall investigate the depredation, and, if the mountain lion was
captured, injured, or killed, the mountain lion or the entire carcass of the mountain lion which
has been recovered shall be turned over to the department. Upon satisfactorily completing the
investigation and receiving the mountain lion or the carcass, if recovered, the department shall
issue a permit confirming that the requirements of this section have been met with respect to
the particular mountain lion taken under these circumstances.

(b) The department shall undertake a complete necropsy on any returned mountain lion carcass
and report the findings to the commission. The commission shall compile the reported findings
and prepare an annual written report that shall be submitted to the Legislature not later than
the January 15 next following the year in which the mountain lion was taken.

CREDIT(S)

(Added by Initiative Measure (Prop. 117, § 6), approved June 5, 1990.)

§ 4808. "Agent"

As used in this chapter, "agent" means the agent or employee of the owner of the damaged or
destroyed property, any county or city predator control officer, any employee of the Animal
Damage Control Section of the United States Department of Agriculture, any departmental
personnel, or any authorized or permitted houndsman registered with the department as possessing
the requisite experience and having no prior conviction of any provision of this code or
regulation adopted pursuant to this code. A plea of nolo contendere is a conviction for purposes
of this section.

CREDIT(S)

(Added by Initiative Measure (Prop. 117, § 6), approved June 5, 1990.)

§ 4809. Manner of taking

Mountain lions authorized to be taken pursuant to this chapter shall be taken by the most
effective means available to take the mountain lion causing the damage or destruction, except
that no mountain lion shall be taken by means of poison, leg-hold or metal-jawed traps, and
snares.

CREDIT(S)

(Added by Initiative Measure (Prop. 117, § 6), approved June 5, 1990.)