§ 3500 . Game Birds Specified
§ 3501 . Use of boat, vehicle or airplane to drive birds
§ 3502 . Use of mammal or imitation as a blind prohibited
§ 3503 . Taking or destruction of nest or eggs; exception
§ 3503.5 . Birds-of-prey; taking or destruction of nests
§ 3504 . Sale of game or nongame birds or parts thereof
§ 3505 . Taking or selling of designated birds prohibited
§ 3506 . [Section repealed 1957.]
§ 3507 . [Section repealed 1971.]
§ 3508 . Dogs; use on game birds during closed season; exception
§ 3509 . [Section repealed 2002.]
§ 3509.5 . [Section repealed 1973.]
§ 3510 . [Section repealed 2002.]
§ 3511 . Fully protected birds; permits or licenses; necessary scientific research; legal imports; fully protected birds specified
§ 3512 . [Section repealed 1971.]
§ 3513 . Migratory nongame birds; protection
§ 3514 . Exotic nonresident game birds; definition
§ 3515 . Release of exotic nonresident game birds; approval of commission
§ 3516 . Rules and regulations
§ 3517 . [Section repealed 1995.]
§ 3651 . [Section repealed 1974.]
§ 3652 . [Section repealed 1974.]
§ 3653 . [Section repealed 1970.]
§§ 3654-3657 . [No sections for these numbers.]
§§ 3658, 3659 . [Sections repealed 1970.]
§ 3660 . Determination of sex or species must be possible
§ 3680 . Taking of Registered Racing Pigeons
§ 3681 . Unlawful taking of ducks or geese
§ 3682 . Upland game birds; unlawful taking; stamps - § 3682. Repealed by Stats.2015, c. 683 (S.B.798), § 17, eff. Jan. 1, 2016
§ 3682.1 . Upland game birds; necessary hunting validation
§ 3682.2 . Preparation of upland game bird stamps; receipt, purchase, and possession of stamps
§ 3683 . Upland Game Birds; Included Species
§ 3684 . Upland Game Bird Account
§ 3685 . Repealed by Stats.2010, c. 408, § 5
§ 3686 . Contracts for projects; reimbursement of costs
§ 3700 . Taking without state duck stamp prohibited; exceptions; production of stamps - § 3700. Repealed by Stats.2015, c. 683 (S.B.798), § 18, eff. Jan. 1, 2016
§ 3700.1 . Taking without state duck hunting validation prohibited; sale of validations; fee; applicability
§ 3700.2 . Preparation of state duck stamps; receipt, purchase and possession of stamps; sale of art work, posters and other promotional materials
§ 3701 . Proceeds from state duck hunting validations and state duck stamp sales and related items; deposits; administrative expenses
§ 3702.1. Projects funded from the State Duck Stamp Account; advisory committee comments
§ 3701.5. Repealed by Stats.2001, c. 112 (A.B.435), § 29
§ 3702 . Use of funds
§ 3702.1. Projects funded from the State Duck Stamp Account; advisory committee comments
§ 3702.5 . Duck stamp artwork; sales by artists
§ 3703 . Recommendations on projects
§ 3704 . Foreign waterfowl management; allocation of funds
§ 3704.5 . Waterfowl projects; exemptions from specified statutory provisions; project contracts
§ 3705 . Approval of foreign waterfowl habitat preservation and development projects
§ 3706 . [Section repealed 1993.]
§ 3800 . Taking nongame birds prohibited; exceptions; mitigation plans relating to mining operations
§ 3801 . Authority to Take Certain Nongame Birds; Exceptions
§ 3801.5 . Taking of nongame birds which injure property
§ 3801.6 . Carcass, Skin or Parts Thereof; Native Americans; Interruption of Salvaging
§ 3802 . Cooperation with federal wildlife service
§ 3803 . Taking Birds of Prey
§ 3804 . [Section repealed 1957.]
§ 3805 . [Section repealed 1967.]
§ 3806 . License for Feeding Migratory Game Birds; Fee
§ 3850 . California condor preservation project; objectives
§ 3851 . Plan
§ 3852 . Breeding programs
§ 3853 . Release programs
§ 3854 . Administrative costs
§ 3855 . Department to monitor programs; reports
§ 3856 . Copies of reports
§ 3857 . Additional funding
§ 3858. Northern California Condor Restoration Program; exemptions from authorization or prohibitions
§ 3860. Short title
§ 3861. Legislative findings and declarations
§ 3862. Natural Resources Agency; development of plan to track avian influenza in wild animals
§ 3863. Avian Influenza Working Group
§ 3864. Repealed by Stats.2012, c. 728 (S.B.71), § 48
(a) Resident game birds are as follows:
(1) Doves of the genus Streptopelia, including, but not limited to, spotted doves, ringed turtledoves, and Eurasian collared-doves.
(2) California quail and varieties thereof.
(3) Gambel's or desert quail.
(4) Mountain quail and varieties thereof.
(5) Sooty or blue grouse and varieties thereof.
(6) Ruffed grouse.
(7) Sage hens or sage grouse.
(8) Hungarian partridges.
(9) Red-legged partridges including the chukar and other varieties.
(10) Ring-necked pheasants and varieties thereof.
(11) Wild turkeys of the order Galliformes.
(12) White-tailed ptarmigan.
(b) Migratory game birds are as follows:
(1) Ducks and geese.
(2) Coots and gallinules.
(3) Jacksnipe.
(4) Western mourning doves.
(5) White-winged doves.
(6) Band-tailed pigeons.
(c) References in this code to “game birds” means both resident game birds and migratory game birds.
Credits
(Stats.1957, c. 456, p. 1375, § 3500. Amended by Stats.1957, c. 1972, p. 3520, § 31; Stats.1961, c. 88, p. 1097, § 1; Stats.2007, c. 285 (A.B.1729), § 67; Stats.2023, c. 132 (A.B.1760), § 70, eff. Jan. 1, 2024.)
§ 3501. Use of boat, vehicle or airplane to drive birds
It is unlawful to use any powerboat, motor vehicle, or airplane to drive any game bird toward another person with the intent that the other person shall take the bird.
CREDIT(S)
(Stats.1957, c. 456, p. 1376, § 3501.)
§ 3502. Use of mammal or imitation as a blind prohibited
It is unlawful to use any mammal (except a dog) or an imitation of a mammal as a blind in approaching or taking game birds.
CREDIT(S)
(Stats.1957, c. 456, p. 1376, § 3502.)
§ 3503. Taking or destruction of nest or eggs; exception
It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto.
CREDIT(S)
(Stats.1957, c. 456, p. 1376, § 3503. Amended by Stats.1971, c. 1470, p. 2906, § 8.)
§ 3503.5. Birds-of-prey; taking or destruction of nests
It is unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.
CREDIT(S)
(Added by Stats.1985, c. 1334, § 6.)
§ 3504. Sale of game or nongame birds or parts thereof
Subject to the provisions of this code permitting the sale of domestically raised game birds, it is unlawful to sell or purchase a game bird or nongame bird.
Credits
(Stats.1957, c. 456, p. 1376, § 3504. Amended by Stats.1977, c. 1208, p. 4082, § 7; Stats.2015, c. 154 (A.B.1527), § 70, eff. Jan. 1, 2016.)
§ 3505. Taking or selling of designated birds prohibited
It is unlawful to take, sell, or purchase any aigrette or egret, osprey, bird of paradise, goura, numidi, or any part of such a bird.
CREDIT(S)
(Stats.1957, c. 456, p. 1376, § 3505.)
§ 3506. [Section repealed 1957.]
§ 3507. [Section repealed 1971.]
§ 3508. Dogs; use on game birds during closed season; exception
It is unlawful to break, train, hold field trials with, or practice dogs on any wild game bird or domesticated game bird during the closed season on that bird except as authorized by the commission.
CREDIT(S)
(Added by Stats.1963, c. 1754, p. 3505, § 1. Amended by Stats.2002, c. 453 (A.B.3055), § 5; Stats.2003, c. 62 (S.B.600), § 98.)
§ 3509. [Section repealed 2002.]
§ 3509.5. [Section repealed 1973.]
§ 3510. [Section repealed 2002.]
§ 3511. Fully protected birds; permits or licenses; necessary scientific research; legal imports; fully protected birds specified
(a)(1) Except as provided in this section or Section 2081.7, 2081.15, or 2835, a fully protected bird may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected bird, and no permit or license previously issued shall have any force or effect for that purpose. However, the department may authorize the taking of a fully protected bird for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species, and may authorize the live capture and relocation of a fully protected bird pursuant to a permit for the protection of livestock. Before authorizing the take of a fully protected bird, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of that person's interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.
(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected bird may be possessed under a permit issued by the department.
(b) The following are fully protected birds:
(1) California black rail (Laterallus jamaicensis coturniculus).
(2) California clapper rail (Rallus longirostris obsoletus).
(3) California condor (Gymnogyps californianus).
(4) California least tern (Sterna albifrons browni).
(5) Golden eagle.
(6) Greater sandhill crane (Grus canadensis tabida).
(7) Light-footed clapper rail (Rallus longirostris levipes).
(8) Southern bald eagle (Haliaeetus leucocephalus leucocephalus).
(9) Trumpeter swan (Cygnus buccinator).
(10) White-tailed kite (Elanus leucurus).
(11) Yuma clapper rail (Rallus longirostris yumanensis).
Credits
(Added by Stats.1970, c. 1036, p. 1848, § 4. Amended by Stats.1974, c.548, p. 1372, § 1; Stats.2002, c. 617 (S.B.482), § 3; Stats.2003, c. 735 (S.B.412), § 1; Stats.2011, c. 596 (S.B.618), § 4; Stats.2015, c. 154 (A.B.1527), § 71, eff. Jan. 1, 2016; Stats.2023, c. 59 (S.B.147), § 3, eff. July 10, 2023.)
§ 3512. [Section repealed 1971.]
§ 3513. Taking or Possession of Migratory Nongame Birds as Designated in Migratory Bird Treaty Act
(a) It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017, any additional migratory nongame bird that may be designated in that federal act after that date, or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act before January 1, 2017, or subsequent rules or regulations adopted pursuant to that federal act, unless those rules or regulations are inconsistent with this code.
(b) This section shall become inoperative on January 20, 2025, and, as of January 1, 2026, is repealed.
Credits
(Added by Stats.1957, c. 1972, p. 1377, § 36. Amended by Stats.1977, c. 1208, p. 4082, § 8; Stats.2019, c. 349 (A.B.454), § 2, eff. Jan. 1, 2020.)
§ 3514. Exotic nonresident game birds; definition
Exotic nonresident game birds are those birds of the order Galliformes (pheasant, grouse, quail) which are not established as a wild resident population in this State.
CREDIT(S)
(Added by Stats.1959, c. 398, p. 2329, § 1.)
§ 3515. Release of exotic nonresident game birds; approval of commission
Exotic nonresident game birds may be released in this State only on prior approval of the commission.
CREDIT(S)
(Added by Stats.1959, c. 398, p. 2329, § 2.)
The commission may adopt such regulations as it deems necessary to govern the release, taking, and possession of exotic nonresident game birds.
The commission may adopt such regulations as it deems necessary to govern the inspection of resident game birds imported into this State.
CREDIT(S)
(Added by Stats.1959, c. 398, p. 2329, § 3. Amended by Stats.1963, c. 306, p. 1079, § 1.)
§ 3517. [Section repealed 1995.]
§ 3651. [Section repealed 1974.]
§ 3652. [Section repealed 1974.]
§ 3653. [Section repealed 1970.]
§§ 3654-3657. [No sections for these numbers.]
§§ 3658, 3659. [Sections repealed 1970.]
§ 3660. Determination of sex or species must be possible
It is unlawful for any person to have in his possession the carcass, in such condition that the sex or species cannot be easily determined, of any pheasant while in the field or forest or while upon any highway, train, car, boat, or other conveyance when returning from any hunting trip with gun or other hunting equipment.
CREDIT(S)
(Stats.1957, c. 456, p. 1378, § 3660.)
§ 3680. Taking of Registered Racing Pigeons
(a) Except as provided in subdivision (b), any person who purposely takes any racing pigeon that at the time of taking is registered with a recognized organization is guilty of a misdemeanor.
(b) This section does not apply to either of the following:
(1) The taking of a registered racing pigeon by its owner.
(2) The incidental take of a registered racing pigeon while shooting or taking a wild band-tailed pigeon or domestic pigeon (Columba livia).
Credits
(Stats.1957, c. 456, p. 1378, § 3680. Amended by Stats.2007, c. 285 (A.B.1729), § 68; Stats.2023, c. 132 (A.B.1760), § 71, eff. Jan. 1, 2024.)
§ 3681. Unlawful taking of ducks or geese
(a) In Districts 8 and 9, it is unlawful to take a duck or goose below the incoming or outgoing tidewater's edge, or from any blind, boat, floating device, island, islet, or exposed tidal flat.
(b) Subdivision (a) does not apply on Saturdays, Sundays, Wednesdays, holidays, and the opening and closing days during the prescribed open season.
(c) Notwithstanding subdivision (a), the use of boats is permitted to retrieve crippled or dead birds.
Credits
(Stats.1957, c. 456, p. 1378, § 3681. Amended by Stats.1957, c. 1122, p. 2421, § 2; Stats.2023, c. 132 (A.B.1760), § 72, eff. Jan. 1, 2024.)
§ 3682. Upland game birds; unlawful taking; stamps - § 3682. Repealed by Stats.2015, c. 683 (S.B.798), § 17, eff. Jan. 1, 2016
§ 3682.1. Upland game birds; necessary hunting validation
(a) It is unlawful for any person, except a person licensed pursuant to paragraph (2) of subdivision (a) of Section 3031, to take any upland game bird species without first procuring an upland game bird hunting validation, as provided in subdivision (b), and having the validation affixed to their valid hunting license.
(b)(1) Upland game bird hunting validations may be obtained from the department or a licensed agent authorized pursuant to Section 1055.1 for a fee of six dollars and twenty-five cents ($6.25), adjusted pursuant to Section 713.
(2) In addition to the fee imposed pursuant to paragraph (1), a fee of ten dollars ($10) is hereby imposed to obtain an upland game bird hunting validation, as adjusted pursuant to Section 713.
Credits
(Added by Stats.2001, c. 112 (A.B.435), § 22. Amended by Stats.2021, c. 521 (A.B.614), § 4, eff. Jan. 1, 2022.)
§ 3682.2. Preparation of upland game bird stamps; receipt, purchase, and possession of stamps
(a) Upon full implementation of the Automated License Data System, the department shall continue to prepare, or have prepared, upland game bird stamps depicting upland game birds.
(b) Any person who obtains an upland game bird hunting validation pursuant to Section 3682.1 is entitled, upon request, to receive an upland game bird stamp at no additional charge.
(c) Any person may purchase an upland game bird stamp for a fee of six dollars and twenty-five cents ($ 6.25), as adjusted pursuant to Section 713.
(d) Possession of an upland game bird stamp obtained pursuant to this section does not entitle the holder to take any upland game bird species.
CREDIT(S)
(Added by Stats.2001, c. 112 (A.B.435), § 23.)
§ 3683. Upland Game Bird; Included Species
Upland game bird species include both of the following:
(a) All of the following resident game birds:
(1) Doves of the genus Streptopelia, including, but not limited to, spotted doves, ringed turtledoves, and Eurasian collared doves.
(2) California quail and varieties thereof.
(3) Gambel's or desert quail.
(4) Mountain quail and varieties thereof.
(5) Sooty or blue grouse.
(6) Ruffed grouse.
(7) Sage hens or sage grouse.
(8) White-tailed ptarmigan.
(9) Hungarian partridges.
(10) Red-legged partridges including the chukar and other varieties.
(11) Ring-necked pheasants and varieties thereof.
(12) Wild turkeys.
(b) All of the following migratory game birds:
(1) Jacksnipe.
(2) Western mourning doves.
(3) White-winged doves.
(4) Band-tailed pigeons.
CREDIT(S)
(Added by Stats.1992, c. 452 (S.B.452), § 4, operative July 1, 1993. Amended by Stats.2007, c. 285 (A.B.1729), § 69.)
§ 3684. Upland Game Bird Account
(a) The Upland Game Bird Account is hereby established within the Fish and Game Preservation Fund.
(b)(1) All funds derived from the sale of upland game bird hunting validations and upland game bird stamps shall be deposited in the Upland Game Bird Account, except as provided in paragraph (2), to permit separate accountability for the receipt and expenditure of these funds.
(2) Notwithstanding paragraph (1), ten dollars ($10), as adjusted pursuant to Section 713, for each upland game bird hunting validation sold shall be deposited in the Nesting Bird Habitat Incentive Program Account, created pursuant to Section 3467.5.
(c) Funds deposited in the Upland Game Bird Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purpose of acquiring land, completing projects and implementing programs to benefit upland game bird species, and expanding public hunting opportunities and related public outreach, including, but not limited to, enhancing upland game bird habitat. Any land acquired with funds from the Upland Game Bird Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for upland game bird hunting. The department may also use funds from the Upland Game Bird Account to pay for administrative and enforcement costs of the programs and activities described in this section. The amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with administration of the programs and activities described in this section.
(d) The department may make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with public and private entities, including nonprofit organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, for the use of the funds from the Upland Game Bird Account to carry out the purposes of this section, including related habitat conservation projects.
(e) An advisory committee, as determined by the department, that includes interested nonprofit organizations that have goals and objectives directly related to the management and conservation of game bird species and primarily represent the interests of persons licensed pursuant to Section 3031 shall annually review and provide comments to the department on all projects and other expenditures funded from the Upland Game Bird Account to help ensure that the requirements of this section have been met. The department shall post budget information and a brief description on its internet website for all projects and other expenditures funded from the Upland Game Bird Account.
(f) Upland game bird projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or the California Disabled Veteran Business Enterprise Program (Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code).
(g) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of funds specified in this section.
Credits
(Added by Stats.2010, c. 408 (S.B.1058), § 4. Amended by Stats.2021, c. 521 (A.B.614), § 5, eff. Jan. 1, 2022.)
§ 3685. Repealed by Stats.2010, c. 408, § 5
§ 3686. Contracts for projects; reimbursement of costs
Projects authorized pursuant to Section 3684 shall be governed by Section 1501.5. With the approval of the entity in control of property affected by a project, the department may make grants to, or enter into contracts with, nonprofit organizations for the accomplishment of those projects, or the department may reimburse the controlling entity for its costs of accomplishing the project.
CREDIT(S)
(Added by Stats.1992, c. 452 (S.B.452), § 7, operative July 1, 1993. Amended by Stats.2010, c. 408 (S.B.1058), § 6.)
§ 3700. Taking without state duck stamp prohibited; exceptions; production of stamps - § 3700. Repealed by Stats.2015, c. 683 (S.B.798), § 18, eff. Jan. 1, 2016
§ 3700.1. Taking without state duck hunting validation prohibited; sale of validations; fee; applicability
(a) It is unlawful for any person, except a person licensed pursuant to paragraph (2) of subdivision (a) of Section 3031, to take a duck or goose without first procuring a state duck hunting validation as provided in subdivision (b), and having that validation in their possession while taking those birds.
(b)(1) State duck hunting validations shall be sold for a fee of ten dollars ($10), as adjusted pursuant to Section 713, by the department and by license agents, who are authorized by the department pursuant to Section 1055.1, in the same manner as hunting licenses.
(2) In addition to the fee imposed pursuant to paragraph (1), a fee of ten dollars ($10) is hereby imposed to obtain a state duck hunting validation, as adjusted pursuant to Section 713.
Credits
(Added by Stats.2001, c. 112 (A.B.435), § 26. Amended by Stats.2021, c. 521 (A.B.614), § 6, eff. Jan. 1, 2022; Stats.2023, c. 132 (A.B.1760), § 73, eff. Jan. 1, 2024.)
§ 3700.2. Preparation of state duck stamps; receipt, purchase and possession of stamps; sale of art work, posters and other promotional materials
(a) Upon full implementation of the Automated License Data System, the department shall continue to prepare, or have prepared, state duck stamps depicting migratory waterfowl.
(b) Any person who obtains a duck hunting validation pursuant to Section 3700.1 is entitled, upon request, to receive a state duck stamp, open edition, at no additional charge.
(c) Any person may purchase a state duck stamp, open edition, for a fee of ten dollars ($ 10).
(d) State duck stamps, Governor's edition, may be printed and sold on a bid basis, beginning at a minimum bid, as determined by the department or its representative.
(e) The commission shall determine the form of the state duck stamp.
(f) Possession of a state duck stamp obtained pursuant to this section does not entitle the holder to take any migratory bird, as defined in Section 3700.1.
(g) The department may prepare and sell artwork, posters, and other promotional materials related to the sale of duck stamps or waterfowl hunting and conservation.
CREDIT(S)
(Added by Stats.2001, c. 112 (A.B.435), § 27.)
§ 3702.1. Projects funded from the State Duck Stamp Account; advisory committee comments
An advisory committee, as determined by the department, that includes interested nonprofit organizations that have goals and objectives directly related to the management and conservation of waterfowl species and primarily represent the interests of persons licensed pursuant to Section 3031 shall review and provide comments to the department on all proposed projects funded from the State Duck Stamp Account to help ensure that the requirements of Sections 3702, 3703, and 3704 have been met.
Credits
(Added by Stats.2014, c. 259 (S.B.1434), § 2, eff. Jan. 1, 2015.)
§ 3701. Proceeds from state duck hunting validations and state duck stamp sales and related items; deposits; administrative expenses
(a) All funds derived from the sale of state duck hunting validations and state duck stamps, and related items authorized by subdivision (g) of Section 3700.2, shall be deposited in the State Duck Stamp Account in the Fish and Game Preservation Fund, except as provided in subdivision (b), to permit separate accountability for the receipt and expenditure of these funds. An amount not to exceed 6 percent of the amount annually deposited in the account may be used for administrative overhead related to the use of those funds and for implementation of the federal Migratory Bird Harvest Program.
(b) Ten dollars ($10), as adjusted pursuant to Section 713, of the amount collected by the department for each state duck hunting validation sold shall be deposited in the Nesting Bird Habitat Incentive Program Account, created pursuant to Section 3467.5.
Credits
(Added by Stats.1992, c. 452 (S.B.452), § 11, operative July 1, 1993. Amended by Stats.2001, c. 112 (A.B.435), § 28; Stats.2021, c. 521 (A.B.614), § 7, eff. Jan. 1, 2022.)
§ 3701.5. [Section repealed 2001.]
Funds deposited in the State Duck Stamp Account shall be used for projects or endowments approved by the commission for the purpose of protecting, preserving, restoring, enhancing, and developing migratory waterfowl breeding and wintering habitat, evaluating habitat projects, and conducting waterfowl resource assessments and other waterfowl related research. These funds may be used to reimburse nonprofit organizations for completed habitat projects. Subject to Section 3704, the department may make grants or enter into contracts with nonprofit organizations for the use of these funds when it finds that the contracts are necessary for carrying out the purposes of this article.
CREDIT(S)
(Added by Stats.1992, c. 452 (S.B.452), § 14, operative July 1, 1993. Amended by Stats.2004, c. 713 (A.B.2519), § 1.)
§ 3702.5. Duck stamp artwork; sales by artists
The department may permit individual artists to sell a limited number of prints of duck stamp related artwork or posters.
Credits
(Added by Stats.1992, c. 452 (S.B.452), § 16, operative July 1, 1993. Amended by Stats.2023, c. 132 (A.B.1760), § 74, eff. Jan. 1, 2024.)
§ 3703. Recommendations on projects
Before the commission may consider any project which proposes the use of funds from the State Duck Stamp Account, the department shall analyze such project and provide the commission with recommendations as to the project's feasibility and need.
CREDIT(S)
(Added by Stats.1970, c. 1582, p. 3299, § 1, operative July 1, 1971.)
§ 3704. Foreign waterfowl management; allocation of funds
Two dollars and twenty-five cents ($2.25) of the amount collected by the department for each state duck stamp sold shall be allocated by the commission for the purposes of the North American Waterfowl Management Plan in those areas of Canada from which come substantial numbers of waterfowl migrating to, or through, California. These funds shall be matched with federal or private funds available for that purpose. The available balance of the funds shall be used for any project authorized pursuant to Section 3702 in California. However, any lands acquired in California with those funds shall be open to waterfowl hunting as a public shooting ground or wildlife management area.
Credits
(Added by Stats.1992, c. 452 (S.B.452), § 18, operative July 1, 1993. Amended by Stats.2023, c. 132 (A.B.1760), § 75, eff. Jan. 1, 2024.)
§ 3704.5. Waterfowl projects; exemptions from specified statutory provisions; project contracts
Waterfowl projects authorized pursuant to Sections 3702 and 3460 are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. With the approval of the entity in control of property affected by a project, the department may make grants to, or enter into contracts with, nonprofit organizations for the accomplishment of those projects, or the department may reimburse the controlling entity for its costs of accomplishing the project.
Credits
(Added by Stats.1992, c. 452 (S.B.452), § 20, operative July 1, 1993. Amended by Stats.2023, c. 132 (A.B.1760), § 76, eff. Jan. 1, 2024.)
§ 3705. Approval of foreign waterfowl habitat preservation and development projects
Before allocating funds to any project to be undertaken outside the state, or outside the United States, the commission shall secure evidence that the project is acceptable to the government agency having jurisdiction over the lands and waters affected by such project.
CREDIT(S)
(Added by Stats.1970, c. 1582, p. 3299, § 1, operative July 1, 1971.)
§ 3706. [Section repealed 1993.]
§ 3800. Taking nongame birds prohibited; exceptions; mitigation plans relating to mining operations
(a) All birds occurring naturally in California that are not resident game birds, migratory game birds, or fully protected birds are nongame birds. It is unlawful to take any nongame bird except as provided in this code or in accordance with regulations of the commission or, when relating to mining operations, a mitigation plan approved by the department.
(b)(1) Mitigation plans relating to mining operations approved by the department shall, among other criteria, require avoidance of take, where feasible, and include reasonable and practicable methods of mitigating the unavoidable take of birds and mammals. When approving mitigation plans, the department shall consider the use of the best available technology on a site-specific basis.
(2) Mitigation plans relating to mining operations approved by the department shall include provisions that address circumstances where mining operations contribute to bird deaths, including ponding of process solutions on heap leach pads and exposure of process solution channels, solution ponds, and tailing ponds.
(3) The mine operator shall prepare a mitigation plan that shall be submitted to the department for approval. For ongoing mining operations, the mitigation plan alone or in conjunction with regulations adopted by the commission shall result in an overall reduction in take of avian or mammal species. The department shall provide an opportunity for public review and comment on each mitigation plan during the department's approval process. The mitigation plan shall be prepared on a site-specific basis and may provide for offsite mitigation measures designed to reduce avian mortality. The mine operator shall submit monthly monitoring reports on avian mortality to the department to aid in evaluating the effectiveness of onsite mitigation measures.
(4) The mining operator shall reimburse the department for its direct costs to provide appropriate notice of the mitigation plan to affected local government entities and other affected parties. The mine operator shall provide the department a limited number of copies, as determined by the department, of the mitigation plan for public review.
(c) The department shall monitor and evaluate implementation of the mitigation plan by the mine operator and require modification of the plan or other remedial actions to be taken if the overall reduction in take of avian or mammal species required pursuant to paragraph (3) is not being achieved.
CREDIT(S)
(Added by Stats.1971, c. 1470, p. 2906, § 13. Amended by Stats.1994, c. 768 (S.B.1656), § 2.)
§ 3801. Authority to Take Certain Nongame Birds; Exceptions
(a) Except as provided in Section 3000 and this section, the following nongame birds may be taken or possessed at any time:
(1) English sparrow (Passer domesticus).
(2) Starling (Sturnus vulgaris).
(b) Notwithstanding Section 3007 or any other provision of this code or regulation adopted pursuant to this code requiring the possession of a hunting license, a landowner or lessee, or an agent of either in immediate possession of written authority from the landowner or lessee, shall not be required to obtain a hunting license or a depredation permit to take nongame birds listed in subdivision (a) on land owned or leased by the landowner or lessee.
(c) All other persons taking a nongame bird listed in subdivision (a) shall be licensed pursuant to Section 3007.
Credits
(Added by Stats.1971, c. 1470, p. 2906, § 15. Amended by Stats.1974, c. 1129, p. 2415, § 1; Stats.2007, c. 285 (A.B.1729), § 70; Stats.2023, c. 132 (A.B.1760), § 77, eff. Jan. 1, 2024.)
§ 3801.5. Taking of nongame birds which injure property
Nongame birds not covered by the Migratory Bird Treaty Act which are found to be injuring growing crops or property may be taken by the owner or tenant of the premises. They may also be so taken by officers or employees of the Department of Food and Agriculture or by federal or county officers or employees when acting in their official capacities pursuant to the provisions of the Food and Agricultural Code pertaining to pests, or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code.
Landowners and tenants taking birds in accordance with this section are exempt from Section 3007.
CREDIT(S)
(Added by Stats.1971, c. 1470, p. 2907, § 16. Amended by Stats.1983, c. 101, § 34.)
§ 3801.6. Carcass, Skin or Parts Thereof; Native Americans; Interruption of Salvaging
(Added by Stats.1971, c. 1470, p. 2907, § 17. Amended by Stats.1977, c. 1208, p. 4083, § 9; Stats.2007, c. 285 (A.B.1729), § 71; Stats.2010, c. 178 (S.B.1115), § 30, operative Jan. 1, 2012; Stats.2023, c. 132 (A.B.1760), § 78, eff. Jan. 1, 2024.)
§ 3802. Cooperation with federal wildlife service
The department may enter into cooperative contracts with the United States Fish and Wildlife Service in the Department of the Interior in relation to the control or eradication of predatory birds, and for that purpose may expend any money made available to the department for expenditure for the control or eradication of predatory birds.
CREDIT(S)
(Stats.1957, c. 456, p. 1379, § 3802.)
The department may take any individual bird, or birds of any species, that, in its opinion, are unduly preying upon any species of bird, mammal, reptile, amphibian, or fish.
CREDIT(S)
(Stats.1957, c. 456, p. 1379, § 3803. Amended by Stats.2007, c. 285 (A.B.1729), § 72.)
§ 3804. [Section repealed 1957.]
§ 3805. [Section repealed 1967.]
§ 3806. License for Feeding Migratory Game Birds; Fee
In order to aid in relieving widespread waterfowl depredation of agricultural crops, the department may issue licenses under regulations which the commission may prescribe to permit the feeding of migratory game birds. The commission may prescribe an annual fee for the license.
CREDIT(S)
(Stats.1957, c. 456, p. 1379, § 3806. Amended by Stats.1985, c. 1463, § 18; Stats.1986, c. 1368, § 15.)
§ 3850. California condor preservation project; objectives
The department may carry out a California condor preservation project which has the following objectives:
(a) Habitat protection, consistent with the department's existing legal authority.
(b) Field research, including mortality studies.
(c) Captive breeding program.
(d) Condor release program.
CREDIT(S)
(Added by Stats.1988, c. 88, § 1, eff. April 25, 1988.)
The department, jointly with the federal-state condor recovery team established pursuant to the federal Endangered Species Act shall develop a plan to respond to the objectives in Section 3850. Based on the plan, the department shall develop specific activities, studies, and programs to be administered by the department in the areas of habitat protection and field research. The department may contract for all or some of these activities, studies, and programs.
CREDIT(S)
(Added by Stats.1988, c. 88, § 1, eff. April 25, 1988.)
The department shall provide funds to the Zoological Society of San Diego and to the Los Angeles Zoo for a condor breeding program on the grounds of each zoo.
CREDIT(S)
(Added by Stats.1988, c. 88, § 1, eff. April 25, 1988.)
In addition to the programs in Section 3852, a condor release program administered by the department and the United States Fish and Wildlife Service may be contracted to the Zoological Society of San Diego and the Los Angeles Zoo.
CREDIT(S)
(Added by Stats.1988, c. 88, § 1, eff. April 25, 1988.)
Not more than 10 percent of the funds provided to the zoos under this chapter may be used for administrative costs of the program.
CREDIT(S)
(Added by Stats.1988, c. 88, § 1, eff. April 25, 1988.)
§ 3855. Department to monitor programs; reports
Both the breeding program and the release program, if authorized by the department, shall meet criteria established by the department and shall be monitored by the department. The zoos shall submit biannual reports to the department which describe progress made in the breeding program and the release program.
CREDIT(S)
(Added by Stats.1988, c. 88, § 1, eff. April 25, 1988.)
The department shall include copies of the biannual reports from the zoos in the annual report to the Legislature on the status of listed species required in Section 2079.
CREDIT(S)
(Added by Stats.1988, c. 88, § 1, eff. April 25, 1988.)
To the extent possible, the department shall seek private sector funding and any federal funds which may be available to augment state funds for the purposes of this chapter.
CREDIT(S)
(Added by Stats.1988, c. 88, § 1, eff. April 25, 1988.)
§ 3858. Northern California Condor Restoration Program; exemptions from authorization or prohibitions
(a) For purposes of this section, the term “Northern California Condor Restoration Program” means the California condor restoration program in northern California associated with the California Condor Recovery Plan published by the United States Fish and Wildlife Service in April 1996, or a subsequent revision of that plan.
(b) Notwithstanding Section 3511, if the take of California condors under the Northern California Condor Restoration Program is exempt from further authorization or approval under Chapter 1.5 (commencing with Section 2050) of Division 3 pursuant to Section 2080.5 or 2080.6, and the director finds the enhancement of survival permit described in subdivision (a) of Section 2080.5 or federal regulations described in paragraph (1) of subdivision (b) of Section 2080.6, as applicable, to be consistent with the objectives and plans developed pursuant to this chapter, the take or possession of California condors under the Northern California Condor Restoration Program shall also be exempt from the prohibitions in Section 3511.
Credits
(Added by Stats.2018, c. 586 (A.B.2640), § 2, eff. Jan. 1, 2019.)
This chapter shall be known, and may be cited, as the Avian Influenza Wildlife Surveillance Act.
Credits
(Added by Stats.2006, c. 708 (A.B.874), § 1, eff. Sept. 29, 2006.)
§ 3861. Legislative findings and declarations
The Legislature finds and declares all of the following:
(a) Avian influenza and other emerging diseases of wildlife are a serious threat to the people of California.
(b) California is home to large populations of migratory birds and other wildlife species.
(c) California is a central part of the Pacific Flyway, and a seasonal home to species of birds that migrate to and from Asia, Central America, South America, and other regions.
(d) Surveillance of wild birds and animals across the state is a key element among efforts to prevent avian influenza and other emerging wildlife diseases from harming the people and the natural resources of the state.
(e) In the interest of public health, the state shall support a surveillance program for avian influenza in wild bird and animal populations.
Credits
(Added by Stats.2006, c. 708 (A.B.874), § 1, eff. Sept. 29, 2006.)
§ 3862. Natural Resources Agency; development of plan to track avian influenza in wild animals
The Natural Resources Agency, in consultation with the department, the Department of Food and Agriculture, the State Department of Public Health, the Office of Emergency Services, and the University of California, shall develop and implement a plan for the surveillance, monitoring, sampling, diagnostic testing, and reporting of avian influenza in wild birds and animals in the state. The Natural Resources Agency shall consult with the United States Fish and Wildlife Service and the United States Department of Food and Agriculture in developing the plan.
Credits
(Added by Stats.2006, c. 708 (A.B.874), § 1, eff. Sept. 29, 2006. Amended by Stats.2010, c. 618 (A.B.2791), § 15; Stats.2013, c. 352 (A.B.1317), § 96, eff. Sept. 26, 2013, operative July 1, 2013.)
§ 3863. Avian Influenza Working Group
(a) The Secretary of the Natural Resources Agency shall formally establish the Avian Influenza Working Group to assist in the development of the plan described in Section 3862. The Avian Influenza Working Group shall utilize, as guidance for early detection, the national protocol that has been developed to guide states in developing state-specific plans, known as the Early Detection System for Asian H5N1 Highly Pathogenic Avian Influenza in Wild Migratory Birds. The Avian Influenza Working Group shall also continue, enhance, and facilitate the work already begun by the department, other state departments, and the University of California, to coordinate communication of information and response plans for highly pathogenic avian influenza in wild birds.
(b) The Avian Influenza Working Group shall be composed of all of the following members:
(1) The Secretary of the Natural Resources Agency, or a designee.
(2) The director, or a designee.
(3) The Secretary of Food and Agriculture, or a designee.
(4) The State Public Health Officer, or a designee.
(5) The Director of Emergency Services, or a designee.
(6) One representative appointed by the Regents of the University of California.
(7) Two representatives from a qualified research organization or other qualified nongovernmental organization appointed by the Secretary of the Natural Resources Agency.
(c) The director shall chair the Avian Influenza Working Group.
(d) A majority of the Avian Influenza Working Group shall constitute a quorum for the transaction of business.
(e) The duties of the Avian Influenza Working Group shall include all of the following:
(1) Developing strategies for the detection of, and response to, the avian influenza virus in wild birds in California.
(2) Fostering communication among state and federal agencies regarding the avian influenza surveillance program.
(3) Developing strategies for public outreach and education.
(f) The Avian Influenza Working Group may consult with other public and nonprofit groups potentially affected by avian influenza in wild birds.
Credits
(Added by Stats.2006, c. 708 (A.B.874), § 1, eff. Sept. 29, 2006. Amended by Stats.2010, c. 618 (A.B.2791), § 16; Stats.2013, c. 352 (A.B.1317), § 97, eff. Sept. 26, 2013, operative July 1, 2013.)