reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 1 - PROVISIONS GENERALLY APPLICABLE TO BOTH › CHAPTER 2 - Commercial Activities › ARTICLE 7 - The California Waterfowl Habitat Program › Section 3467.5.

3467.5. The Nesting Bird Habitat Incentive Program Account is hereby created in the Fish and Game Preservation Fund. Moneys deposited in the Nesting Bird Habitat Incentive Program Account shall be available, upon appropriation by the Legislature, to the department for the purposes of the Nesting Bird Habitat Incentive Program (Article 9 (commencing with Section 3480)).
(Added by Stats. 2021, Ch. 521, Sec. 1. (AB 614) Effective January 1, 2022.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 1 - PROVISIONS GENERALLY APPLICABLE TO BOTH › CHAPTER 2 - Commercial Activities › ARTICLE 7.5 - The California Winter Rice Habitat Incentive Program › Section 3469.2.

3469.2. Each contract shall be for an initial term of three years and shall include the following:
(a) The designation of the owner of record or the lessee, and the legal description and the assessor’s parcel number of the land subject to the contract.
(b) An agreement by the owner or the lessee to restore, enhance, and protect the waterfowl habitat character of an established number of acres of described land that may be annually rotated provided that the minimum contracted acreage amount is achieved for each of the contracted winter flooding seasons.
(c) Specification of the amount and date in each year that the payment is to be made by the department to the owner or lessee, which shall be calculated at the rate or rates that the director determines to be fair and reasonable in consideration of the obligations undertaken by the owner or lessee.
(d) A requirement that the owner or lessee do either of the following:
(1) Refund to the state all payments received under the contract plus interest at the legal rate, as specified in Section 3289 of the Civil Code, upon the owner’s or lessee’s violation of the contract, or any extension thereof, if the director determines that the violation warrants termination of the contract and the director terminates the contract.
(2) Make refunds or accept payment adjustments that the director determines are appropriate, not to exceed the total amount paid by the state to the owner or lessee in the preceding calendar year plus interest at the legal rate, as specified in Section 3289 of the Civil Code, if the director determines that the violation by the owner or lessee does not warrant termination of the contract.
(e) A requirement that the department reduce the amount of any payment to the owner or lessee under subdivision (c) by an amount equal to the portion of any payment under the federal Water Bank Program (16 U.S.C. Sec. 1301 et seq.) that the department determines to be in compensation for the same obligation undertaken by the owner under the water bank program.
(f) In addition to subdivision (e), a requirement that the department reduce the amount of any payment to the owner or lessee under subdivision (c) by an amount equal to the portion of any payment that the department determines to be in compensation for the same obligation undertaken by the owner under any other governmental program.
(g) An authorization for the department to monitor compliance with the contract with the federal Natural Resources Conservation Service, a county agricultural commissioner, or other appropriate agency, entity, or person to monitor compliance with the contract, and a requirement that the owner or lessee allow access for the monitoring.
(h) Any additional provisions that the director determines are desirable to effectuate the purposes of the program or to facilitate its administration.
(Amended by Stats. 2019, Ch. 420, Sec. 2. (AB 256) Effective January 1, 2020.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 1 - PROVISIONS GENERALLY APPLICABLE TO BOTH › CHAPTER 2 - Commercial Activities › ARTICLE 7.5 - The California Winter Rice Habitat Incentive Program › Section 3469.4.

3469.4. If during the contract period the owner or lessee is divested of the use of the waterfowl habitat subject to the contract, the owner or lessee shall notify the department concurrent with that divestment. Any unearned payment shall immediately be refunded by the owner or lessee to the department.
(Added by Stats. 2018, Ch. 649, Sec. 2. (AB 2348) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 1 - PROVISIONS GENERALLY APPLICABLE TO BOTH › CHAPTER 2 - Commercial Activities › ARTICLE 7.5 - The California Winter Rice Habitat Incentive Program › Section 3469.6.

3469.6. The director and the owner or lessee may mutually agree to modify the terms and conditions of a contract under this article as the director may determine to be desirable to carry out the purposes of, or to facilitate administration of, the program.
(Added by Stats. 2018, Ch. 649, Sec. 2. (AB 2348) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 1 - PROVISIONS GENERALLY APPLICABLE TO BOTH › CHAPTER 2 - Commercial Activities › ARTICLE 7.5 - The California Winter Rice Habitat Incentive Program › Section 3469.8.

3469.8. The California Winter Rice Habitat Incentive Program Account is hereby created in the Fish and Game Preservation Fund. Funds deposited in the California Winter Rice Habitat Incentive Program Account shall be made available for expenditure, upon appropriation by the Legislature, to the department. These funds shall be expended solely for the purposes set forth in this article. An amount that equals not more than 5 percent of the funds allocated for this program may be used to pay the administrative costs of the program and up to 10 percent of funds allocated may be used for planning and monitoring necessary to ensure the success of the program.
(Added by Stats. 2018, Ch. 649, Sec. 2. (AB 2348) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 1 - PROVISIONS GENERALLY APPLICABLE TO BOTH › CHAPTER 2 - Commercial Activities › ARTICLE 8 - Management of Wildlife at Public Use Airports › Section 3470.

3470. It is the policy of the state to actively encourage the safe and biologically sound management of wildlife resources on California’s public use airports as regulated by the Federal Aviation Administration (FAA) and its agents. The Legislature recognizes that public use airports serving in the United States are operated according to regulations and policies promulgated by the FAA and federal law that protect the health, safety, and welfare of the public in compliance with applicable FAA regulations, standards, policies, and guidance, wildlife hazard management plans, and associated permits.
(Added by Stats. 2009, Ch. 186, Sec. 1. (SB 481) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 1 - PROVISIONS GENERALLY APPLICABLE TO BOTH › CHAPTER 2 - Commercial Activities › ARTICLE 8 - Management of Wildlife at Public Use Airports › Section 3471.

3471. The Legislature recognizes that, in a public use airport’s ongoing efforts to protect the health, safety, and welfare of the traveling public in compliance with Federal Aviation Administration (FAA) regulations, and specifically Section 337 of Part 139 of Title 14 of the Code of Federal Regulations, it is necessary to perform limited and authorized wildlife hazing, harassment, and depredation. The Legislature further recognizes that FAA certificated public use airports and their wildlife hazard management staff must harass, haze, or perform removal of species to protect the health, safety, and welfare of the public when authorized by a current, valid federal fish and wildlife depredation permit.
(Added by Stats. 2009, Ch. 186, Sec. 1. (SB 481) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 1 - PROVISIONS GENERALLY APPLICABLE TO BOTH › CHAPTER 2 - Commercial Activities › ARTICLE 8 - Management of Wildlife at Public Use Airports › Section 3472.

3472. The taking of birds by a public use airport certificated by the Federal Aviation Administration to operate in California that has obtained, and is in compliance with, a federal depredation permit that authorizes, under specified conditions, the lawful taking of birds, does not violate any provision of this code or regulations adopted pursuant to this code if the taking is in compliance with the federal depredation permit for the purposes specified in Section 3472.1 and all of the following conditions are met:
(a) The taking occurs on lands owned or leased by the airport.
(b) The taking does not occur on lands owned or leased by the airport that are reserved for habitat mitigation or conservation purposes of the species being taken, including lands in a habitat conservation plan, or a natural communities conservation plan.
(c) There is no taking of a fully protected, candidate, threatened, or endangered species.
(Added by Stats. 2009, Ch. 186, Sec. 1. (SB 481) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 1 - PROVISIONS GENERALLY APPLICABLE TO BOTH › CHAPTER 2 - Commercial Activities › ARTICLE 8 - Management of Wildlife at Public Use Airports › Section 3472.1.

3472.1. Take is authorized pursuant to this article only to relieve or prevent injurious situations affecting public safety and shall only be performed as part of an integrated wildlife management program that emphasizes nonlethal management techniques.
(Added by Stats. 2009, Ch. 186, Sec. 1. (SB 481) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 1 - PROVISIONS GENERALLY APPLICABLE TO BOTH › CHAPTER 2 - Commercial Activities › ARTICLE 8 - Management of Wildlife at Public Use Airports › Section 3472.2.

3472.2. A public use airport certificated by the Federal Aviation Administration shall provide to the department any federal depredation permit and all federal reports required pursuant to any federal depredation permit or wildlife hazard management plan, or both, and shall also provide reasonable access to the department for purposes of ensuring compliance with this article. The department shall seek reimbursement from the public use airport for any reasonable costs associated with activities resulting from any violations of this article.
(Added by Stats. 2009, Ch. 186, Sec. 1. (SB 481) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3500.

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 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.
(Amended by Stats. 2023, Ch. 132, Sec. 70. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3501.

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 the bird.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3502.

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.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3503.

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 thereto.
(Amended by Stats. 1971, Ch. 1470.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3503.5.

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 eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.
(Added by Stats. 1985, Ch. 1334, Sec. 6.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3504.

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.
(Amended by Stats. 2015, Ch. 154, Sec. 70. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3505.

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.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3508.

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 except as authorized by the commission.
(Amended by Stats. 2003, Ch. 62, Sec. 98. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3511.

3511. (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).
(Amended by Stats. 2023, Ch. 59, Sec. 3. (SB 147) Effective July 10, 2023.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3513.

3513. (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.
(Amended by Stats. 2019, Ch. 349, Sec. 2. (AB 454) Effective January 1, 2020. Inoperative January 20, 2025. Repealed as of January 1, 2026, by its own provisions. See later operative version added by Sec. 3 of Stats. 2019, Ch. 349.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3513.

3513. (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.), 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.
(b) This section shall become operative on January 20, 2025.
(Repealed (in Sec. 2) and added by Stats. 2019, Ch. 349, Sec. 3. (AB 454) Effective January 1, 2020. Operative January 20, 2025, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3514.

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 this State.
(Added by Stats. 1959, Ch. 398.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 1 - General Provisions › Section 3516.

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 may adopt such regulations as it deems necessary to govern the inspection of resident game birds imported into this State.
(Amended by Stats. 1963, Ch. 306.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 1 - Pheasants › Section 3660.

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 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.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 2 - Other Species › Section 3680.

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 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).
(Amended by Stats. 2023, Ch. 132, Sec. 71. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 2 - Other Species › Section 3681.

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, 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.
(Amended by Stats. 2023, Ch. 132, Sec. 72. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 2 - Other Species › Section 3682.1.

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 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.
(Amended by Stats. 2021, Ch. 521, Sec. 4. (AB 614) Effective January 1, 2022.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 2 - Other Species › Section 3682.2.

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 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.
(Added by Stats. 2001, Ch. 112, Sec. 23. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 2 - Other Species › Section 3683.

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 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.
(Amended by Stats. 2007, Ch. 285, Sec. 69. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 2 - Other Species › Section 3686.

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, 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.
(Amended by Stats. 2010, Ch. 408, Sec. 6. (SB 1058) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 3 - Migratory Birds › Section 3700.1.

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 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.
(Amended by Stats. 2023, Ch. 132, Sec. 73. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 3 - Migratory Birds › Section 3700.2.

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 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.
(Added by Stats. 2001, Ch. 112, Sec. 27. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 3 - Migratory Birds › Section 3701.

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, 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.
(Amended by Stats. 2021, Ch. 521, Sec. 7. (AB 614) Effective January 1, 2022.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 3 - Migratory Birds › Section 3702.

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, 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.
(Amended by Stats. 2004, Ch. 713, Sec. 1. Effective January 1, 2005.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 3 - Migratory Birds › Section 3702.1.

3702.1. 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.
(Added by Stats. 2014, Ch. 259, Sec. 2. (SB 1434) Effective January 1, 2015.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 3 - Migratory Birds › Section 3702.5.

3702.5. The department may permit individual artists to sell a limited number of prints of duck stamp related artwork or posters.
(Amended by Stats. 2023, Ch. 132, Sec. 74. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 3 - Migratory Birds › Section 3703.

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 provide the commission with recommendations as to the project’s feasibility and need.
(Added by Stats. 1970, Ch. 1582.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 3 - Migratory Birds › Section 3704.

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 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.
(Amended by Stats. 2023, Ch. 132, Sec. 75. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 3 - Migratory Birds › Section 3704.5.

3704.5. 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.
(Amended by Stats. 2023, Ch. 132, Sec. 76. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 2 - Particular Varieties › ARTICLE 3 - Migratory Birds › Section 3705.

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 is acceptable to the government agency having jurisdiction over the lands and waters affected by such project.
(Added by Stats. 1970, Ch. 1582.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 3 - Nongame Birds › Section 3800.

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 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.
(Amended by Stats. 1994, Ch. 768, Sec. 2. Effective January 1, 1995.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 3 - Nongame Birds › Section 3801.

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 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.
(Amended by Stats. 2023, Ch. 132, Sec. 77. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 3 - Nongame Birds › Section 3801.5.

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 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.
(Amended by Stats. 1983, Ch. 101, Sec. 34.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 3 - Nongame Birds › Section 3801.6.

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 nongame bird. The feathers, carcass, skin, or parts of any nongame bird possessed by any person in violation of any of the provisions of this code shall be seized by the department and delivered to a California Native American tribal government or a scientific or educational institution, used by the department, or destroyed.
(b) (1) It shall be an affirmative defense to a violation of this section if the possessor of feathers, carcass, skin, or other part of a nongame bird legally acquired the feathers, carcass, skin, or other part, possesses them for tribal, cultural, or spiritual purposes, and satisfies either of the following criteria:
(A) The possessor is an enrolled member of a federally recognized Native American tribe or nonfederally recognized California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission and has, in their immediate possession, valid tribal identification or other irrefutable proof of current enrollment.
(B) The possessor has a certificate of degree of Indian blood issued by the United States Bureau of Indian Affairs in their immediate possession.
(2) Nothing in this section allows any person to sell the feathers, carcass, skin, or other part of a nongame bird.
(3) A Native American satisfying the criteria that would constitute an affirmative defense under paragraph (1) may salvage dead nongame birds so long as the person salvaging the nongame bird does not possess, nor is in the company of any person who possesses, a firearm, BB device as defined in Section 16250 of the Penal Code, trap, snare, net archery equipment, device capable of discharging a projectile, or any apparatus designed to take a bird.
(4) Salvaging shall not take place by any person involved in the take of the nongame bird to be salvaged, any person present at the time of the take, or by any person who received related information originating from any person present at the time of the take of the nongame bird.
(5) Salvaging pursuant to this subdivision shall not take place if a bird has been struck with any thrown or discharged projectile, or trapped, netted, caught, or snared.
(c) Notwithstanding subdivisions (a) and (b), an officer deputized pursuant to this code may interrupt an ongoing salvaging of a dead nongame bird carcass, feathers, skin, or part if, in the officer’s judgment, the activity causes a public disruption, safety hazard, or is detrimental to the ability of the department to prevent a possible violation of this section. In that event, the officer may seize the carcass, feathers, skin, or part being salvaged, or may return the carcass, feathers, skin, or part to the general location from where it had been salvaged.
(Amended by Stats. 2023, Ch. 132, Sec. 78. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 3 - Nongame Birds › Section 3802.

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 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.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 3 - Nongame Birds › Section 3803.

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, amphibian, or fish.
(Amended by Stats. 2007, Ch. 285, Sec. 72. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 3 - Nongame Birds › Section 3806.

3806. 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.
(Amended by Stats. 1986, Ch. 1368, Sec. 15.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 4 - California Condor › Section 3850.

3850. 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.
(Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 4 - California Condor › Section 3851.

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 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.
(Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 4 - California Condor › Section 3852.

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.
(Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 4 - California Condor › Section 3853.

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 contracted to the Zoological Society of San Diego and the Los Angeles Zoo.
(Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 4 - California Condor › Section 3854.

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.
(Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 4 - California Condor › Section 3855.

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 the department. The zoos shall submit biannual reports to the department which describe progress made in the breeding program and the release program.
(Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 4 - California Condor › Section 3856.

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 Section 2079.
(Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 4 - California Condor › Section 3857.

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 of this chapter.
(Added by Stats. 1988, Ch. 88, Sec. 1. Effective April 25, 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 4 - California Condor › Section 3858.

3858. (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.
(Added by Stats. 2018, Ch. 586, Sec. 2. (AB 2640) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 5 - Avian Influenza Wildlife Surveillance Act › Section 3860.

3860. This chapter shall be known, and may be cited, as the Avian Influenza Wildlife Surveillance Act.
(Added by Stats. 2006, Ch. 708, Sec. 1. Effective September 29, 2006.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 2 - BIRDS › CHAPTER 5 - Avian Influenza Wildlife Surveillance Act › Section 3861.

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 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.
(Added by Stats. 2006, Ch. 708, Sec. 1. Effective September 29, 2006.)