Bagging Roadkill

December 4, 2008

Question: I have a couple of questions regarding deer killed on roadways. First of all, if a deer is accidentally hit and killed on a roadway, can it be collected and utilized so as not to go to waste? Secondly, if I have a valid California hunting license and deer tag, and while coming back after dark from a day of hunting, if I accidentally hit and kill a deer on one of the backroads, how is that handled? Do I wait until morning and shoot it, or is that considered a “bag?” What are the laws pertaining to animals accidentally killed on the highways? (James M.)

Answer: Road-killed wildlife may not be retained by the driver of the vehicle that hits the animal, nor anyone else associated with the accident or not. Only authorized personnel of state and/or local agencies are permitted to dispatch and remove injured or dead animals.

In regard to your second question, even if the driver of the vehicle is a licensed California hunter who has the appropriate tags to take the deer that is accidentally hit by their car, that hunter cannot legally tag that deer and take it home. Deer may only be taken with rifles, shotguns, pistols and revolvers, muzzleloaders and archery equipment. Motor vehicles are not included in this list of legal methods of take.

Although Fish and Game Code section 2000.5(a) states the accidental taking of game by a motor vehicle is not a violation of the law, it does not authorize the possession of animals taken by a collision with a vehicle. You may wonder why this is the case since it seems like it would be a waste of a deer to not be able to place a tag on it and perhaps save another from being taken. The reason is that some poachers would use the “collision” excuse to take deer at night with their vehicle and just attach their tag to justify the action.