Cal. Code Regs. Tit. 14, § 251 - Prohibition on Pursuing or Shooting Birds and Mammals from Motor-Driven Air or Land Vehicles, Motorboats, Airboats, Sailboats or Snowmobiles

(a) General Prohibition: No person shall pursue, drive, herd, or take any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat, or snowmobile. Additionally, no person shall use any motorized, hot-air, or unpowered aircraft or other device capable of flight or any earth orbiting imaging device to locate or assist in locating big game mammals beginning 48 hours before and continuing until 48 hours after any big game hunting season in the same area. No person shall use at any time or place, without Department approval, any computer, telemetry device or other equipment to locate a big game mammal to which a tracking device is attached. For purposes of this subsection "use" includes but is not limited to personal use or intent by another to obtain information from such personal use. Evidence of an act constituting a violation of this section includes but is not limited to flying slowly at low attitudes, hovering, circling or repeatedly flying over any area where big game may be found. Exceptions to this subsection are:

(1) When the motor of such motorboat, airboat, or sailboat has been shut off and/or the sails furled and its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor, or is being propelled by paddle, oar or pole.

(2) When used by the landowner or tenant of private property to drive or herd game mammals for the purpose of preventing damage to private property.

(3) Pursuant to a license from the department issued under such regulations as the commission may prescribe (see subsection 251(b) below).

(b) Mobility Disabled Persons Motor Vehicle License

(1) Applications: Applications for a Motor Vehicle Hunting License for mobility disabled persons shall be on a form supplied by the Department (Mobility Impaired Disabled Persons Motor Vehicle Hunting License Application, FG1460-10/95). The application shall include the applicant's name, address, physical description, a description of the qualifying disability, and a certified statement from a licensed physician describing the applicant's permanent disability. It shall be unlawful for any person to falsify an application for a Motor Vehicle Hunting License.

(2) Terms of the License: The Motor Vehicle Hunting License shall specify conditions under which said license shall be used and shall include but not be limited to the following provisions:

(A) The licensee shall be accompanied by an able bodied assistant who shall immediately retrieve, and tag if necessary, all game taken. (Possession of the licensee's tag, required in this subsection, shall not be considered an unlawful possession of a tag or license issued to another person).

(B) The assistant shall not possess a firearm, crossbow or archery equipment unless he/she is a licensed hunter and possesses any necessary license or tag for the area being hunted. The assistant shall not discharge a firearm or release a bolt or an arrow from the vehicle. If licensed, the assistant may dispatch wounded game which has moved out of range of the licensee.

(C) The vehicle must be stopped and the engine must be shut off prior to the licensee discharging firearm or releaseing a bolt from a crossbow or an arrow from archery equipment.

(D) The licensee shall notify the Department, at the regional office having responsibility for the area where the licensee intends to hunt, at least 48 hours prior to hunting or contact the department's 24-hour dispatcher at the number indicated on the license. The licensee shall specify the locality, vehicle description, and the approximate time frame during which such hunt shall take place.

(E) The licensee or assistant shall not pursue any animal or drive or herd animals to any other hunters with a motor vehicle.

(F) This license does not grant permission to trespass on private property or permission to use a motor vehicle while in any area where the use of motor vehicles is restricted or prohibited.

(G) This license does not grant permission to discharge a firearm in any place or manner that would otherwise be unlawful, or to possess a loaded firearm in violation of any other city, county or state law.

(H) The licensee shall have the license in possession while hunting from a motor vehicle.

(3) License Fee: A license fee of $25.00, as adjusted annually pursuant to Section 713 of the Fish and Game Code, shall be charged for processing and issuing the Mobility Impaired Disabled Person Motor Vehicle Hunting License. Licenses shall be issued only by the Director or his/her designee. Licenses shall be permanent and have no expiration date.

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Notes

Cal. Code Regs. Tit. 14, § 251

1. Amendment filed 6-15-60; designated effective 7-1-60 (Register 60, No. 14). See history note to Sec. 250.
2. Amendment filed 6-4-70; designated effective 7-1-70 (Register 70, No. 23).
3. Amendment filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
4. New NOTE filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
5. Amendment of subsection (c) filed 6-22-84 as an emergency; designated effective 7-1-84 (Register 84, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-29-84.
6. Certificate of Compliance including amendment of NOTE transmitted to OAL 10-22-84 and filed 11-26-84 (Register 84, No. 48).
7. Amendment of subsection (a) and new subsection (b) filed 1-2-91; operative 2-1-91 (Register 91, No. 6).
8. Amendment filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
9. Amendment of subsections (b)(1), (b)(2)(A)-(C), (b)(3) and form filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
10. Amendment of subsection (a) filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
11. Change without regulatory effect amending NOTE filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).

Note: Authority cited: Sections 200, 203, 265, 355, 3003.5, 3800 and 4150, Fish and Game Code. Reference: Sections 200, 203, 265, 355, 356, 711, 3003.5, 3800 and 4150, Fish and Game Code.

1. Amendment filed 6-15-60; designated effective 7-1-60 (Register 60, No. 14). See history noteto Sec. 250.
2. Amendment filed 6-4-70; designated effective 7-1-70 (Register 70, No. 23).
3. Amendment filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24).
4. New Note filed 5-13-81; designated effective tenth day thereafter (Register 81, No. 20).
5. Amendment of subsection (c) filed 6-22-84 as an emergency; designated effective 7-1-84 (Register 84, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-29-84.
6. Certificate of Compliance including amendment of NOTEtransmitted to OAL 10-22-84 and filed 11-26-84 (Register 84, No. 48).
7. Amendment of subsection (a) and new subsection (b) filed 1-2-91; operative 2-1-91 (Register 91, No. 6).
8. Amendment filed 7-13-94; operative 7-13-94 pursuant to sections 202 and 215, Fish and Game Code (Register 94, No. 28).
9. Amendment of subsections (b)(1), (b)(2)(A)-(C), (b)(3) and form filed 6-26-96; operative 7-1-96 pursuant to section 11343.4(d) (Register 96, No. 26).
10. Amendment of subsection (a) filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
11. Change without regulatory effect amending Note filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).