Opinion No. (2004)

BILL LOCKYER Attorney General SUSAN DUNCAN LEE Deputy Attorney General THE HONORABLE BOB MARGETT, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May cottontail and brush rabbits that are eating landscaping, ornamental plants, or gardens be trapped or killed? CONCLUSION Cottontail and brush rabbits that are eating landscaping, ornamental plants, or gardens may be trapped or killed if it can be established that they are materially harming such plants. ANALYSIS The eating habits of cottontail and brush rabbits have been described by the University of California, Statewide Integrated Pest Management Program, as follows: "Rabbits are a form of wildlife enjoyed by many people but they can be very destructive to gardens and landscaped areas. Eight species of rabbits are found in California. Three of these species, the black-tailed hare or jackrabbit (Lepus californicus), the desert cottontail (Sylvilagus audubonii), and the brush rabbit (S. bachmani) are widespread and cause the majority of problems. . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . "The food habits of cottontails and brush rabbits vary with the location and time of year.…