Is It Legal to Take Roadkill Now?

January 2, 2020

Question: I read that California passed a law making it legal to take home a deer or other animal if you accidentally hit it with your vehicle. This makes a lot of sense since a large animal could feed an entire family, and might otherwise go to waste. But now I’m hearing that the California Department of Fish and Wildlife hasn’t implemented the law yet. Which is it? (Bud)

Answer: Thank you for asking for clarification. SB 395, known as the Wildlife Traffic Safety Act, did indeed pass in 2019. The intent of the law is to eventually make it legal for individuals to utilize the meat of four wildlife species: deer, elk, wild pig, and pronghorn antelope, killed on the road, if they so choose. Unfortunately, there’s been some misinformation circulating regarding what the law actually does, and when it goes into effect.

Specifically, the law authorizes the California Fish and Game Commission (not CDFW) to adopt regulations and establish a wild game meat utilization program after Jan. 1, 2020. This is a complicated process that will take time to implement responsibly. The program will be developed in conjunction with many other agencies, including the California Department of Transportation and the California Highway Patrol (both of whom will need to help develop the parameters of when and how roadkill could be collected) and the California Office of Environmental Health Hazard Assessment (which will need to evaluate potential safety hazards related to human consumption of roadkill).

There are other issues that still need to be worked out too, including the bill’s directive to CDFW to create a roadkill reporting database. CDFW does not currently have such a database, but the University of California, Davis, has something similar. The California Roadkill Observation System is currently operational, and any citizen can contribute roadkill data and photos.

As previously mentioned, the ball is currently in the court of the Fish and Game Commission. CDFW will keep the public apprised as the development of the program moves forward, but at this time, there is no program in place, and therefore the option of taking your roadkill home remains off the table (so to speak).

I always approached this question from the don't ask don't tell perspective. 

Since 2013, Montana statutes have permitted people to pick up and eat road killed deer, elk, antelope, and moose.  See http://fwp.mt.gov/hunting/licenses/salvagePermit.html. You have 24 hours after you pick up a road killed animal to apply for a permit, which is a two minute process you can complete on line. I have picked up many road killed deer, but my biggest score was when I picked up two road killed elk. See https://www.northwestkayakanglers.com/index.php?topic=14677.msg159014#msg159014.  This is not a complicated subject, so hopefully the California Fish and Game Commission will issue its rules quickly.

In the last couple of years, it seems to me that it has become harder to find road killed animals in Montana.  I suspect that many people are watching for road killed animals, and are grabbing them as soon as they are hit.

Since 2013, Montana statutes have permitted people to pick up and eat road killed deer, elk, antelope, and moose.  See http://fwp.mt.gov/hunting/licenses/salvagePermit.html. You have 24 hours after you pick up a road killed animal to apply for a permit, which is a two minute process you can complete on line. I have picked up many road killed deer, but my biggest score was when I picked up two road killed elk. See https://www.northwestkayakanglers.com/index.php?topic=14677.msg159014#msg159014.  This is not a complicated subject, so hopefully the California Fish and Game Commission will issue its rules quickly.

In the last couple of years, it seems to me that it has become harder to find road killed animals in Montana.  I suspect that many people are watching for road killed animals, and are grabbing them as soon as they are hit.

This is California and we overregulate and over complicate everything.

We can’t even figure out how to sell weed through the state designated apparatchik.  How do you screw up selling weed?

I always approached this question from the don't ask don't tell perspective.

This is not a complicated subject...

It’s guaranteed to be complicated in CA. And there will surely be a Prop 65 warning involved...