Defending Fallen Hikers From Rattlesnakes

March 11, 2010

Question: You mentioned in a recent column that the regulations state you can’t injure or kill a rattlesnake. But what about if someone is hiking in the back country, hears and sees a coiled rattlesnake and then falls while attempting to retreat? Can another member of the hiking team protect the fallen hiker from the snake by throwing a rock at it? It seems to me to be common sense to be able to protect someone from becoming seriously ill, or worse, especially since it could take several hours to obtain medical assistance. I have been hiking for years and close encounters with rattlers is rare, but it does occur. Also, is it lawful to possess the rattles? (William T., West Sacramento)

Answer: The regulation referenced in the March 4, 2010 column (http://californiaoutdoors.wordpress.com) was specific to killing rattlesnakes for commercial sales. This question is regarding a different situation.

According to DFG Game Warden Kyle Chang, regulations allow for the take of up to two native California rattlesnakes per species (genus Crotalus and Sistrurus) by any resident without a fishing license and by any method of take (CCR Title 14, section 5.60[e][2] and FGC, 7149.3). The law was written like this specifically to allow for people to kill rattlesnakes for safety purposes. The rattles may be possessed because rattlesnakes may be legally taken for non-commercial purposes.