DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001. - 80201.]

Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156.

§§ 80001–80201 · 52 sections

1. CHAPTER 1. General Provisions §§ 80001–80006 · 6 sections

   • § 80001 This division shall be known and may be cited as the California Desert Native Plants Act.
   • § 80002 It is the intent of the Legislature, in this division, to protect California desert native plants from unlawful harvesting on both public and privately owned…
   • § 80003 This division is applicable only within the boundaries of the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego.…
   • § 80004 Persons engaged in the production, storage, sale, delivery, or transportation of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4…
   • § 80005 Persons engaged in the production, storage, sale, delivery, or transportation of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4…
   • § 80006 Persons engaged in the sale of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4 shall maintain records of their receipts or…
2. CHAPTER 2. Definitions §§ 80051–80064 · 14 sections

   • § 80051 Unless the context otherwise requires, the definitions of this chapter govern the construction of this division.
   • § 80052 “Landowner” includes the public agency administering any public lands within the areas subject to this division.
   • § 80053 “Harvest” means to remove or cut and remove from the place where grown.
   • § 80054 “Harvester” means a person who harvests a native plant.
   • § 80055 “Director” means the Director of Food and Agriculture.
   • § 80056 “Department” means the Department of Food and Agriculture.
   • § 80057 “Tag” means a paper or cloth label that can be attached to a native plant or a commercial load by means of a string and a seal, which tag specifies, among…
   • § 80058 “Seal” means a metal, tamperproof clamp used to permanently affix the tag to a native plant.
   • § 80059 “Resale” means native plants harvested, possessed, or transported with the intent to sell the plants for the ultimate purpose of landscaping or decoration, or…
   • § 80060 “Resale load” means native plants harvested, possessed, or transported for resale purposes.
   • § 80061 “Native plant” means any tree, shrub, bulb, or plant or part thereof, except its fruit, named in this division as being subject to this division or added by…
   • § 80062 “Commercial harvesting” means harvesting native plants for an ultimate use other than as landscaping or decorative material and with the plants’ tops or…
   • § 80063 “Permit” means an application form to harvest native plants that has been filled out by the applicant and approved and officially endorsed by the commissioner…
   • § 80064 “Wood receipt” means a receipt that is to accompany one or more cords of wood harvested under this division. The wood receipt shall contain information which…
3. CHAPTER 3. Regulated Native Plants §§ 80071–80075 · 5 sections

   • § 80071 The botanical names of the plants referred to in this chapter shall, in all cases, govern in the interpretation of this division.
   • § 80072 The following native plants, or any parts thereof, may not be harvested except for scientific or educational purposes under a permit issued by the commissioner…
   • § 80073 The following native plants, or any part thereof, may not be harvested except under a permit issued by the commissioner or the sheriff of the county in which…
   • § 80074 After consultation with the Secretary of the Resources Agency and after a public hearing, the secretary may add to, or remove from, the jurisdiction of this…
   • § 80075 Any native plant that is declared to be a rare, endangered, or threatened species by federal or state law or regulations, including, but not limited to, the…
4. CHAPTER 4. Enforcement Powers and Administrative Responsibilities §§ 80101–80108 · 8 sections

   • § 80101 (a) The commissioner or the sheriff of a county subject to this division shall issue, in accordance with this division, permits, wood receipts, tags, and seals…
   • § 80102 (a) Each permit authorizing the harvesting, transporting, or possessing of native plants, except trees cut or removed for wood as provided in Section 80103,…
   • § 80103 (a) Each permit authorizing the harvesting, transporting, or possessing of live or dead mesquite, palo verde, or ironwood species of trees which are harvested…
   • § 80104 Any person in possession of a valid permit for the removal of dead plants or wood issued by the United States Forest Service, the National Park Service, or the…
   • § 80105 The director may adopt necessary rules and regulations not in conflict with this division for the enforcement of its provisions.
   • § 80106 The director or any of his or her duly authorized agents, any commissioner, or any peace officer is authorized and directed to enter in or upon any premises or…
   • § 80107 When any power or authority is given by any provision of this division to any person, it may be exercised by any deputy, inspector, or agent duly authorized by…
   • § 80108 Any county may adopt ordinances not in conflict with this division for the preservation of native plants specified in Sections 80072 and 80073.
5. CHAPTER 5. Harvesting of Native Plants §§ 80111–80121 · 11 sections

   • § 80111 (a) Except as provided in this division, it is unlawful for any person to destroy, dig up, mutilate, or harvest any living native plant, or the living or dead…
   • § 80112 The commissioner of the county wherein the plants are located may issue a permit to a scientific or educational institution to harvest a definite number of…
   • § 80113 Permits issued for the removal of native plants shall be valid only for a stated period of time to allow the permittee to remove the specific amount of plants…
   • § 80114 No person shall knowingly make any false statement on any application for permits, wood receipts, or tags and seals. The application shall contain all of the…
   • § 80115 Any permit issued pursuant to Section 80111, 80112, 80113, or 80114 shall expire when the tags and seals issued therewith have been attached to the plants…
   • § 80116 The director or commissioner may establish specific cutting, harvesting, and plant care criteria which shall include the most favorable and practical…
   • § 80117 This division does not prevent any of the following: (a) The clearing of land for agricultural purposes, fire control measures, or required mining assessment…
   • § 80118 Except as provided in Section 80072, no provision of this division prohibits any person from harvesting or possessing, for purposes other than resale, five or…
   • § 80119 Each county may enact ordinances not inconsistent with this division to control commercial harvesting in that county.
   • § 80120 The issuing agency shall collect fees for the issuance of permits, tags and seals and wood receipts under this division, except from a landowner moving native…
   • § 80121 Any harvested native plant listed in Section 80072 or 80073, or added by the director pursuant to Section 80074, which is not exempt from the permit…
6. CHAPTER 6. Shipment of Plants §§ 80151–80152 · 2 sections

   • § 80151 No person or common carrier shall transport, or receive or possess for transportation, any native plant or any wood, or part thereof, except its fruit or…
   • § 80152 All native plant species or varieties subject to this division, when not grown in California and imported into this state, shall be declared at a California…
7. CHAPTER 7. Enforcement §§ 80171–80175 · 5 sections

   • § 80171 A peace officer may, in the enforcement of this division, make arrests without warrant for a violation of this division which he or she may witness, and may…
   • § 80172 A person violating any provision of this division is guilty of a misdemeanor punishable by a fine of not less than one thousand five hundred dollars ($1,500),…
   • § 80173 Upon conviction of a violation of this division, all permits issued to the person convicted shall be revoked and the permittee shall be required to surrender…
   • § 80174 A second conviction shall be punishable by a fine of not less than three hundred dollars ($300), nor more than five thousand dollars ($5,000), for each…
   • § 80175 The issuing agency may revoke any permit, tags, or seals issued for the purpose of harvesting for ultimate replanting if the permittee willfully fails to…
8. CHAPTER 8. Financial Provisions § 80201 · 1 section

   • § 80201 All fees or moneys collected under this division shall be paid into the general fund of the county in which the permits, tags and seals, and wood receipts were…