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FGC Sec 3080-3087 General Provisions Possession of Birds and Mammals After Season (BIRDS AND MAMMALS)
FISH AND GAME CODE
3080. (a) For the purposes of this section, "donor intermediary"
means a recipient who receives game birds or mammals from a donor to
give to a charitable organization or charitable entity. A donor
intermediary possessing game birds or mammals during a period other
than the open season shall have the documentation described in
paragraph (2) or (3) of subdivision (b). There is no required format
for the documentation. Any written documentation containing the
required information shall be deemed to comply with this section.
(b) The possession limit of any game bird or mammal may be
possessed during a period other than the open season if one of the
following conditions apply:
(1) The person has in his or her possession a hunting license and
validated license tag or tags for the species possessed, or copies
thereof. The license and tag or tags shall have been issued to that
person for the current or immediate past license year.
(2) The person received the game bird or mammal from a person
described in paragraph (1), and the recipient has a photocopy of the
donor's hunting license and the applicable validated license tag or
tags that has been signed and dated by the donor confirming the
donation. The photocopied license and tag or tags shall be from the
current or immediate past license year.
(3) The person received the game bird or mammal from a person
described in paragraph (1), and the recipient has a signed and dated
document confirming the donation that includes the donor's name,
address, hunting license number, and applicable license tag numbers
for the species possessed. The license and tag or tags shall be for
the current or immediate past license year.
(c) The documentation required by subdivision (b) shall be made
available to the department as described in Section 2012. Charitable
organizations or charitable entities receiving and distributing game
birds or mammals for charitable or humane purposes, shall maintain
the documentation described in paragraph (2) or (3) of subdivision
(b) for one year from the date of disposal.
(d) Nothing in this section authorizes the possession of game
birds or carcasses or parts thereof contrary to regulations issued
pursuant to the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703
3086. Cold storage plants and frozen food locker plants shall make
and keep a complete detailed record of all game birds or mammals
stored in such plants. A record of each game bird or mammal shall be
made at the time it is received at the plant for storage.
The record shall be open for inspection at all times by wardens of
3087. (a) (1) Every person who prepares, stuffs, or mounts the skin
of any fish, reptile, bird, or mammal for another person shall make
and keep an accurate and detailed record, as prescribed by
regulations of the commission, regarding all fish, reptile, bird, or
mammal carcasses, skins, or parts thereof which are acquired,
possessed, or stored for taxidermy purposes.
(2) The record required by this section shall be made at the time
the fish, reptile, bird, or mammal carcasses, skins, or parts thereof
are received, and shall include the name and address of each person
from and to whom fish, reptile, bird, or mammal carcasses, skins, or
parts thereof are received or delivered and the number and species of
all fish, reptile, bird, or mammal carcasses, skins, or parts
thereof received or delivered. The record shall be open for
inspection at all times pursuant to regulations adopted by the
(b) Where a taxidermist has prepared, stuffed, or mounted the skin
of any fish, reptile, bird, or mammal for another person and that
person does not pay the cost thereof, or take delivery thereof, the
taxidermist may sell the skin only if the commission adopts
regulations permitting the sale.
The commission may adopt regulations permitting a sale pursuant to
Chapter 6 (commencing with Section 3046) of Title 14 of Part 4 of
Division 3 of the Civil Code, and may adopt any other regulations
governing the sale including, but not limited to, regulations which
require a taxidermist to record, and provide to the department, the
name and address of any person failing to pay for work performed on a
skin, which list species of fish, reptiles, birds, or mammals whose
prepared skins may not be sold, and which limit the sales price of
prepared skins to the actual cost of preparation.
The commission may adopt regulations permitting a sale of a
prepared skin pursuant to this subdivision only if the commission
also adopts regulations which require the posting of a notice or
otherwise giving notice at the place of business of the taxidermist
informing patrons of the provisions of this subdivision and
regulations adopted pursuant thereto.