Cal. Fish & Game Code § 3240.5
Commercial Hunting Clubs
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2015
As of January 1, 2011
(a) As used in this article, “property” means a number of contiguous legal parcels held by an owner or a combination of owners and held out for a common purpose.
(a) For purposes of this article, the following terms have the following meanings:
(1) “Commercial hunting club” means property with respect to which a fee is imposed or collected for either of the following:
(A) Taking or attempting to take birds or mammals on the property.
(B) A type of entry or use permit that includes permission to take birds or mammals on the property.
(2) “Property” means a number of contiguous legal parcels owned by one or more owners and held out for a common purpose.
(b) A person, including, but not limited to, a renter or lessee, in possession or control of property on or with respect to which a fee for the privilege of taking birds or mammals is imposed or collected, or on or with respect to which a fee for any type of entry or use permit that includes the privilege of taking birds or mammals on the property is imposed or collected, is maintaining a commercial hunting club if birds or mammals are taken on the property, and shall procure a “commercial hunting club license” before birds or mammals are taken.
(b) A person, including, but not limited to, an owner, renter, or lessee, who is in possession or control of a commercial hunting club, shall procure a commercial hunting club license before a bird or mammal may be taken on the property.
(c) This article does not apply if the property meets any of the following conditions: (1) The landowner, or the renter or lessee, of the property receives less than one hundred dollars ($100) per entrant and receives less than a total of one thousand dollars ($1,000) between July 1 and the following June 30 for permission, entry access, or use fees that include the privilege of hunting on the property in his or her possession or control. The department may adjust the threshold amounts established in this paragraph pursuant to Section 713. (2) The property is used by a hunting club or program licensed under regulations adopted pursuant to this code. (3) The property is used for an officially sanctioned field trial event pursuant to regulations adopted pursuant to this code. (4) The property is used in conjunction with the Shared Habitat Alliance for Recreational Enhancement (SHARE) program under Article 3 (commencing with Section 1570) of Chapter 5 of Division 2. (5) A domesticated game bird hunting club licensed under Article 3 (commencing with Section 3270) operates on the property. (6) A domesticated migratory game bird shooting area licensed under Article 4 (commencing with Section 3300) operates on the property. (7) The property is used in conjunction with the private wildlife habitat enhancement and management program under Article 5 (commencing with Section 3400). (8) The property is subject to a recorded state, federal, or nonprofit wildlife conservation or agricultural easement or any property enrolled in a habitat protection or enhancement program under this code, including, but not limited to, Article 7 (commencing with Section 3460).
(c) This article does not apply under any of the following circumstances: (1) The fees described in paragraph (1) of subdivision (a) that are received by the owner, renter or lessee of the property are less than one hundred dollars ($100) per entrant and total less than one thousand dollars ($1,000) between July 1 and the following June 30. Pursuant to Section 713, department may adjust the threshold amounts established in this paragraph. (2) The property is used in conjunction with the Shared Habitat Alliance for Recreational Enhancement (SHARE) program under Article 3 (commencing with Section 1570) of Chapter 5 of Division 2. (3) A domesticated game bird hunting club licensed under Article 3 (commencing with Section 3270) operates on the property. (4) A domesticated migratory game bird shooting area licensed under Article 4 (commencing with Section 3300) operates on the property. (5) The property is used by a hunting club or program licensed under regulations adopted pursuant to this code. (6) The property is used in conjunction with the private wildlife habitat enhancement and management program under Article 5 (commencing with Section 3400). (7) The property is used for an officially sanctioned field trial event pursuant to regulations adopted pursuant to this code. (8) The property is subject to a recorded state, federal, or nonprofit wildlife conservation or agricultural easement or is enrolled in a habitat protection or enhancement program under this code, including, but not limited to, Article 7 (commencing with Section 3460).
(d) This article does not apply to a landowner who rents or leases his or her property to the commercial hunting club and is not involved in the operation of the club, if the club is licensed in accordance with this article.
(d) This chapter does not apply to an owner of property that is rented or leased to a commercial hunting club, if the owner is not involved in the operation of the club and the club is licensed in accordance with this chapter.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.