PART 2. BIRDS [3500. - 3863.]
Part 2 enacted by Stats. 1957, Ch. 456.
§§ 3500–3863 · 51 sections
CHAPTER 1. General Provisions §§ 3500–3516 · 13 sections
- § 3500 (a) Resident game birds are as follows: (1) Doves of the genus Streptopelia, including, but not limited to, spotted doves, ringed turtledoves, and Eurasian…
- § 3501 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…
- § 3502 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.
- § 3503 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…
- § 3503.5 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…
- § 3504 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.
- § 3505 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.
- § 3508 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…
- § 3511 (a) (1) Except as provided in this section or Section 2081.7, 2081.13, 2081.15, or 2835, a fully protected bird may not be taken or possessed at any time. No…
- § 3513 It is unlawful to take or possess any migratory bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1,…
- § 3514 Exotic nonresident game birds are those birds of the order Galliformes (pheasant, grouse, quail) which are not established as a wild resident population in…
- § 3515 Exotic nonresident game birds may be released in this State only on prior approval of the commission.
- § 3516 The commission may adopt such regulations as it deems necessary to govern the release, taking, and possession of exotic nonresident game birds. The commission…
CHAPTER 2. Particular Varieties §§ 3660–3705 · 18 sections
ARTICLE 1. Pheasants § 3660 · 1 section
- § 3660 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…
ARTICLE 2. Other Species §§ 3680–3686 · 7 sections
- § 3680 (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…
- § 3681 (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,…
- § 3682.1 (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…
- § 3682.2 (a) Upon full implementation of the Automated License Data System, the department shall continue to prepare, or have prepared, upland game bird stamps…
- § 3683 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…
- § 3684 (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…
- § 3686 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,…
ARTICLE 3. Migratory Birds §§ 3700.1–3705 · 10 sections
- § 3700.1 (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…
- § 3700.2 (a) Upon full implementation of the Automated License Data System, the department shall continue to prepare, or have prepared, state duck stamps depicting…
- § 3701 (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,…
- § 3702 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,…
- § 3702.1 An advisory committee, as determined by the department, that includes interested nonprofit organizations that have goals and objectives directly related to the…
- § 3702.5 The department may permit individual artists to sell a limited number of prints of duck stamp related artwork or posters.
- § 3703 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…
- § 3704 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…
- § 3704.5 Waterfowl projects authorized pursuant to Sections 3460 and 3702 shall be governed by Section 1501.5 but, notwithstanding paragraph (1) of subdivision (c) of…
- § 3705 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…
CHAPTER 3. Nongame Birds §§ 3800–3806 · 7 sections
- § 3800 (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…
- § 3801 (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…
- § 3801.5 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…
- § 3801.6 (a) Except as otherwise provided in this code or regulations adopted pursuant to this code, it is unlawful to possess the carcass, skin, or other part of any…
- § 3802 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…
- § 3803 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,…
- § 3806 In order to aid in relieving widespread waterfowl depredation of agricultural crops, the department may issue licenses under regulations which the commission…
CHAPTER 4. California Condor §§ 3850–3858 · 9 sections
- § 3850 The department may carry out a California condor preservation project which has the following objectives: (a) Habitat protection, consistent with the…
- § 3851 The department, jointly with the federal-state condor recovery team established pursuant to the federal Endangered Species Act shall develop a plan to respond…
- § 3852 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.
- § 3853 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…
- § 3854 Not more than 10 percent of the funds provided to the zoos under this chapter may be used for administrative costs of the program.
- § 3855 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…
- § 3856 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…
- § 3857 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…
- § 3858 (a) For purposes of this section, the term “Northern California Condor Restoration Program” means the California condor restoration program in northern…
CHAPTER 5. Avian Influenza Wildlife Surveillance Act §§ 3860–3863 · 4 sections
- § 3860 This chapter shall be known, and may be cited, as the Avian Influenza Wildlife Surveillance Act.
- § 3861 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…
- § 3862 The Natural Resources Agency, in consultation with the department, the Department of Food and Agriculture, the State Department of Public Health, the Office of…
- § 3863 (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…