reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2009.

2009. (a) A person shall not willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping at the location where that activity is taking place.
(b) A violation of this section is punishable pursuant to subdivision (b) of Section 12000.
(c) Any person convicted for a violation of this section that occurred within two years of a prior violation of this section which resulted in a conviction is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period of not more than one year, by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or by both imprisonment and fine.
(d) This section does not apply to the actions of any peace officer or personnel of the department in the performance of their official duties. This section does not obstruct the rights and normal activities of landowners or tenants, including, but not limited to, farming, ranching, and limiting unlawful trespass.
(e) In order to be liable for a violation of this section, the person is required to have had the specific intent to interfere with the participation of an individual who was engaged in lawful shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping.
(f) For purposes of this section, “interfere with” means any action which physically impedes, hinders, or obstructs the lawful pursuit of any of the above-mentioned activities, including, but not limited to, all of the following:
(1) Actions taken for the purpose of frightening away animals from the location where the lawful activity is taking place.
(2) Placing or maintaining signs, gates, locks, or barricades that prohibit or deny access to lands without authorization from the landowner or lessee or an authorized designee of the landowner or lessee.
(3) Placing food on lands not belonging to the person placing the food for purposes of eliminating the lawful ability to hunt due to the presence of bait, as defined in this code or regulations adopted pursuant to this code.
(Amended by Stats. 2009, Ch. 394, Sec. 5. (AB 1423) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2010.

2010. (a) It is unlawful to use or possess a shotgun larger than 10-gauge, or to use or possess a shotgun capable of holding more than six cartridges at one time, to take a mammal or bird.
(b) A shotgun that has been modified with the insertion of a plug is deemed, for the purpose of this section, to have a cartridge capacity equal to the number of cartridges that can be loaded into the weapon as modified.
(c) After a public hearing, the commission may adopt regulations relative to the ammunition capacity of shotguns for taking mammals or birds that are more restrictive than the limits provided in subdivision (a), or that it determines may be needed to conform to federal law.
(Amended by Stats. 2015, Ch. 154, Sec. 46. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2011.

2011. (a) It is unlawful for any person to take, mutilate, or destroy any bird or mammal lawfully in the possession of another.
(b) For the purpose of this section, a bird or mammal shall be deemed in possession when it is actually reduced to physical possession or when it is wounded or otherwise maimed and the person who wounded or otherwise maimed it is in hot pursuit.
(Amended by Stats. 2007, Ch. 285, Sec. 25. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2011.5.

2011.5. (a) It is unlawful for a person to remove from a hunting dog any collar, including an electronic or radio transmitting device, without possessing written permission from the dog’s owner allowing the removal of the collar.
(b) As used in this section, “hunting dog” means a dog in the field actively engaged in the taking of mammals or birds, or a dog actively being trained for the taking of mammals or birds, that is located in an area where mammals or birds can be taken, at that time and place, in accordance with existing law.
(c) This section does not apply to a law enforcement officer or an animal control officer in the performance of his or her duty, or to a person who is assisting an injured dog.
(Added by Stats. 2009, Ch. 294, Sec. 9. (AB 1442) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2012.

2012. All licenses, tags, and the birds, mammals, fish, reptiles, or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed to be, and capable of being, used to take birds, mammals, fish, reptiles, or amphibians shall be exhibited upon demand to any person authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles, or amphibians.
(Amended by Stats. 2007, Ch. 285, Sec. 26. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2013.

2013. Unless otherwise provided, the provisions of this code relating to the possession of birds, mammals, fish, reptiles, or amphibians apply to birds, mammals, fish, reptiles, or amphibians taken either in or outside of this state.
(Amended by Stats. 2015, Ch. 154, Sec. 47. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2014.

2014. (a) It is the policy of this state to conserve its natural resources and to prevent the willful or negligent destruction of birds, mammals, fish, reptiles, or amphibia.
(b) The state may recover damages in a civil action against any person or local agency which unlawfully or negligently takes or destroys any bird, mammal, fish, reptile, or amphibian protected by the laws of this state.
(c) The measure of damages is the amount that will compensate for all the detriment proximately caused by the taking or destruction of the birds, mammals, fish, reptiles, or amphibia.
(d) An action to recover damages under this section shall be brought in the name of the people of the state, in a court of competent jurisdiction in the county in which the cause of action arose. The State Water Resources Control Board shall be notified of, and may join in, any action brought under this section when the activities alleged to have caused the destruction of any bird, mammal, fish, reptile, or amphibian may involve either the unlawful discharge of pollutants into the waters of the state or other violation of Division 7 (commencing with Section 13000) of the Water Code.
(e) This section does not apply to any of the following:
(1) Persons or local agencies engaged in agricultural pest control.
(2) The destruction of fish in irrigation canals or works, or irrigation drainages.
(3) The lawful destruction of a bird or mammal killed while damaging crops.
(f) No damages may be recovered against a local agency pursuant to this section if civil or administrative penalties are assessed against the local agency for the same detriment pursuant to Division 7 (commencing with Section 13000) of the Water Code.
(g) Any recovery or settlement of money damages, including, but not limited to, civil penalties, arising out of any civil action filed and maintained by the Attorney General in the enforcement of this section shall be deposited by the department in the subaccounts of the Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund as specified in Section 13011.
(h) For purposes of this section, “local agency” includes any city, county, city and county, district, public authority, or other political subdivision.
(Amended by Stats. 2023, Ch. 132, Sec. 34. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2015.

2015. (a) Except as otherwise provided in this section, it is unlawful to possess a bird, mammal, fish, amphibian, or reptile, that may not be legally sold, in a restaurant or other eating establishment.
(b) This section does not apply to any of the following:
(1) A person who lawfully took or otherwise legally possessed the bird, mammal, fish, amphibian, or reptile.
(2) A person preparing the bird, mammal, fish, amphibian, or reptile for consumption by the person who lawfully took or possessed it, or by that person and others, if the person who took or possessed it is present on the premises.
(3) A bird, mammal, fish, amphibian, or reptile tagged with a signed statement of the person who took the bird, mammal, fish, amphibian, or reptile stating that person’s name and address, the date taken, and the total number and kind taken.
(Amended by Stats. 2015, Ch. 154, Sec. 48. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2016.

2016. It is unlawful to enter land for the purpose of discharging a firearm or taking or destroying a mammal or bird, including waterfowl, on that land, without having first obtained written permission from the owner, the owner’s agent, or the person in lawful possession of that land, if either of the following is true:
(a) The land belongs to or is occupied by another person and is either under cultivation or enclosed by a fence.
(b) There are signs of any size and wording forbidding trespass or hunting or both displayed along all exterior boundaries of the land, at intervals not less than three to the mile, and at all roads and trails entering the land, including land temporarily inundated by water flowing outside the established banks of a river, stream, slough, or other waterway, which fairly advise a person about to enter the land that the use of the land is so restricted.
(Amended by Stats. 2015, Ch. 154, Sec. 49. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2018.

2018. It is unlawful to post any sign indicating an area is a state or federal refuge unless it is established by state or federal law, or to post any sign prohibiting trespass or hunting on any land unless authorized by the owner or the person in lawful possession of such lands.
It is unlawful for any person to maliciously tear down, mutilate, or destroy any sign, signboard or other notice forbidding hunting or trespass on land.
(Added by Stats. 1967, Ch. 1187.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2019.

2019. It is unlawful for any person, including state, federal, county, and city officials or their agents, to authorize, offer or pay a bounty for any bird or mammal. This section does not apply to any person with respect to the taking of any bird or mammal on the private property of such person.
(Added by Stats. 1974, Ch. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2020.

2020. It is unlawful to violate any provision of Division 1 (commencing with Section 1.04) of Title 14 of the California Code of Regulations. Violation of such a provision may be charged as a violation of this section or of the specific section of Title 14 provision, and shall be punishable as provided in Section 12000.
(Added by Stats. 2009, Ch. 294, Sec. 10. (AB 1442) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2021.

2021. (a) As used in this section “shark fin” means the raw, dried, or otherwise processed detached fin, or the raw, dried, or otherwise processed detached tail, of an elasmobranch.
(b) Except as otherwise provided in subdivisions (c) and (d), it shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin.
(c) Any person who holds a license or permit pursuant to Section 1002 may possess a shark fin or fins consistent with that license or permit.
(d) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess a shark fin or fins consistent with that license or permit.
(Amended by Stats. 2023, Ch. 132, Sec. 35. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1 - Taking and Possessing in General › Section 2021.5.

2021.5. (a) Notwithstanding Section 2021, all of the following provisions apply:
(1) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess, including for purposes of consumption or taxidermy, or may donate to a person licensed or permitted pursuant to Section 1002, a shark fin or fins consistent with that license or permit.
(2) Nothing in Section 2021 prohibits the sale or possession of a shark carcass, skin, or fin for taxidermy purposes pursuant to Section 3087.
(b) (1) The Ocean Protection Council shall submit an annual report to the Legislature that lists any shark species that have been independently certified to meet internationally accepted standards for sustainable seafood, as defined in Section 35550 of the Public Resources Code, and adopted by the Ocean Protection Council pursuant to Section 35617 of the Public Resources Code, including chain of custody standards.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(Amended by Stats. 2023, Ch. 132, Sec. 36. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2050.

2050. This chapter shall be known and may be cited as the California Endangered Species Act.
(Repealed and added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2051.

2051. The Legislature hereby finds and declares all of the following:
(a) Certain species of fish, wildlife, and plants have been rendered extinct as a consequence of man’s activities, untempered by adequate concern and conservation.
(b) Other species of fish, wildlife, and plants are in danger of, or threatened with, extinction because their habitats are threatened with destruction, adverse modification, or severe curtailment, or because of overexploitation, disease, predation, or other factors.
(c) These species of fish, wildlife, and plants are of ecological, educational, historical, recreational, esthetic, economic, and scientific value to the people of this state, and the conservation, protection, and enhancement of these species and their habitat is of statewide concern.
(Repealed and added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2052.

2052. The Legislature further finds and declares that it is the policy of the state to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat and that it is the intent of the Legislature, consistent with conserving the species, to acquire lands for habitat for these species.
(Repealed and added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2052.1.

2052.1. The Legislature further finds and declares that if any provision of this chapter requires a person to provide mitigation measures or alternatives to address a particular impact on a candidate species, threatened species, or endangered species, the measures or alternatives required shall be roughly proportional in extent to any impact on those species that is caused by that person. Where various measures or alternatives are available to meet this obligation, the measures or alternatives required shall maintain the person’s objectives to the greatest extent possible consistent with this section. All required measures or alternatives shall be capable of successful implementation. This section governs the full extent of mitigation measures or alternatives that may be imposed on a person pursuant to this chapter. This section shall not affect the state’s obligations set forth in Section 2052.
(Amended by Stats. 1998, Ch. 485, Sec. 74. Effective January 1, 1999.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2053.

2053. (a) The Legislature further finds and declares that it is the policy of the state that public agencies should not approve projects as proposed which would jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat essential to the continued existence of those species, if there are reasonable and prudent alternatives available consistent with conserving the species or its habitat which would prevent jeopardy.
(b) Furthermore, it is the policy of this state and the intent of the Legislature that reasonable and prudent alternatives shall be developed by the department, together with the project proponent and the state lead agency, consistent with conserving the species, while at the same time maintaining the project purpose to the greatest extent possible.
(Amended by Stats. 2018, Ch. 329, Sec. 1. (SB 473) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2054.

2054. The Legislature further finds and declares that, in the event specific economic, social, or other conditions make infeasible such alternatives, individual projects may be approved if appropriate mitigation and enhancement measures are provided.
(Repealed and added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2055.

2055. The Legislature further finds and declares that it is the policy of this state that all state agencies, boards, and commissions shall seek to conserve endangered species and threatened species and shall utilize their authority in furtherance of the purposes of this chapter.
(Repealed and added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2056.

2056. The Legislature further finds and declares that the cooperation of the owners of land which is identified as habitat for endangered species and threatened species is essential for the conservation of those species and that it is the policy of this state to foster and encourage that cooperation in furtherance of the purposes of this chapter. Therefore, a landowner of property on which an endangered, threatened, or candidate species lives shall not be liable for civil damages for injury to employees of, or persons under contract with, the department if the injury occurs while those persons are conducting survey, management, or recovery efforts with respect to those species.
(Amended by Stats. 1987, Ch. 286, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2061.

2061. “Conserve,” “conserving,” and “conservation” mean to use, and the use of, all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary. These methods and procedures include, but are not limited to, all activities associated with scientific resources management, such as research, census, law enforcement, habitat acquisition, restoration and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.
(Added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2062.

2062. “Endangered species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease. Any species determined by the commission as “endangered” on or before January 1, 1985, is an “endangered species.”
(Added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2063.

2063. “Feasible” means feasible as defined in Section 21061.1 of the Public Resources Code.
(Added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2064.

2064. “Project” means project as defined in Section 21065 of the Public Resources Code.
(Added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2064.5.

2064.5. “Recover” and “recovery” mean to improve, and improvement in, the status of a species to the point at which listing is no longer appropriate under the criteria set out in this chapter and any regulations adopted thereunder, and, if the department has approved a recovery plan, satisfaction of the conditions of that plan.
(Added by Stats. 2018, Ch. 329, Sec. 2. (SB 473) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2065.

2065. “State lead agency” means the state agency, board, or commission which is a lead agency under the California Environmental Quality Act (Division 13 (commencing with Sec. 21000) of the Public Resources Code).
(Added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2067.

2067. “Threatened species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts required by this chapter. Any animal determined by the commission as “rare” on or before January 1, 1985, is a “threatened species.”
(Added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 1 - General Provisions › Section 2068.

2068. “Candidate species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list.
(Added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2070.

2070. The commission shall establish a list of endangered species and a list of threatened species. The commission shall add or remove species from either list if it finds, upon the receipt of sufficient scientific information pursuant to this article, and based solely upon the best available scientific information, that the action is warranted.
(Amended by Stats. 2018, Ch. 329, Sec. 4. (SB 473) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2071.

2071. The commission shall adopt guidelines by which an interested person may petition the commission to add a species to, or to remove a species from either the list of endangered or the list of threatened species.
(Added by Stats. 1984, Ch. 1162, Sec. 6.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2071.5.

2071.5. The department shall recommend, and the commission shall adopt, criteria for determining if a species is endangered or threatened.
(Added by Stats. 1984, Ch. 1162, Sec. 6.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2072.

2072. The petition shall be written, shall be clearly identified as a petition, and shall clearly indicate the administrative measure recommended.
(Added by Stats. 1984, Ch. 1162, Sec. 6.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2072.3.

2072.3. To be accepted, a petition shall, at a minimum, include sufficient scientific information that a petitioned action may be warranted. Petitions shall include information regarding the population trend, range, distribution, abundance, and life history of a species, the factors affecting the ability of the population to survive and reproduce, the degree and immediacy of the threat, the impact of existing management efforts, suggestions for future management, and the availability and sources of information. The petition shall also include information regarding the kind of habitat necessary for species survival, a detailed distribution map, and any other factors that the petitioner deems relevant.
(Added by Stats. 1984, Ch. 1162, Sec. 6.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2072.7.

2072.7. The department may, in the absence of a petition from an interested party, recommend to the commission that it add a species to, or remove a species from, either the list of endangered species or the list of threatened species. If it makes a recommendation under this section, the department shall include the information specified in Section 2072.3. A department recommendation under this section shall be considered by the commission as a petition with a departmental recommendation to accept and consider as described in subdivision (b) of Section 2073.5, and is subject to Sections 2074 to 2079, inclusive.
(Added by Stats. 1984, Ch. 1162, Sec. 6.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2073.

2073. Within 10 days of the receipt of a petition from an interested person under Section 2072.3, the commission shall refer the petition to the department.
(Added by Stats. 1984, Ch. 1162, Sec. 6.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2073.3.

2073.3. (a) The commission shall publish a notice in the California Regulatory Notice Register of the receipt of a petition prepared pursuant to Section 2072.3 by the department, or by an interested party and referred to the department, pursuant to Section 2073, or the commencement of an evaluation, to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species pursuant to Section 2072.7. At a minimum, the notice shall include all of the following:
(1) The scientific and common name of the species.
(2) Habitat type, if that information is available in the petition.
(3) The location where interested persons can submit information to the department relating to the petitioned species.
(b) The commission shall notify interested persons pursuant to Section 2078, by mail, of the notices prepared pursuant to subdivision (a), and shall mail a copy of the notice to those persons.
(Amended by Stats. 1997, Ch. 515, Sec. 1. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2073.4.

2073.4. (a) A person may submit information to the department relating to the petitioned species during the evaluation of the petition pursuant to Section 2073.5. The information shall relate to the matters identified in Section 2072.3.
(b) Within 30 days after receiving information pursuant to subdivision (a), the department shall notify the petitioner regarding its content.
(Amended by Stats. 2018, Ch. 329, Sec. 5. (SB 473) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2073.5.

2073.5. (a) Within 90 days of receipt of the petition, the department shall evaluate the petition on its face and in relation to other relevant information the department possesses or receives, and submit to the commission its written evaluation report with one of the following recommendations to the commission:
(1) Based upon the information contained in the petition, there is not sufficient information to indicate that the petitioned action may be warranted, and the petition should be rejected.
(2) Based upon the information contained in the petition, there is sufficient information to indicate that the petitioned action may be warranted, and the petition should be accepted and considered.
(b) Upon the request of the director, the commission may grant the department an extension of time, not to exceed 30 days, to allow the department additional time to further analyze and evaluate the petition and complete its evaluation report.
(c) The department’s evaluation report shall include copies of, or a list of, all information submitted to the department pursuant to subdivision (a) of Section 2073.4 during its evaluation of the petition. If copies are not included, the report shall state where the listed information is available for review.
(Amended by Stats. 1997, Ch. 515, Sec. 3. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2073.7.

2073.7. A petitioner may amend a petition at any time prior to the beginning of the meeting held by the commission pursuant to Section 2074.2. However, if the commission determines that the amendment is substantive, the commission shall resubmit the petition to the department for review pursuant to Section 2073.5, publish notice of the amendment pursuant to Section 2073.3, and renotice or continue any hearing scheduled pursuant to Section 2074 in order to provide adequate opportunity for public comment.
(Added by Stats. 1997, Ch. 515, Sec. 4. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2074.

2074. The commission shall schedule the petition for consideration at its next available meeting, but not sooner than 30 days after receipt of the petition and public release of the evaluation report, and distribute its pending agenda to interested persons pursuant to Section 2078. The commission also shall make the petition, evaluation report, and other materials received available for review.
(Amended by Stats. 1997, Ch. 515, Sec. 5. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2074.4.

2074.4. If a petition is accepted by the commission for consideration, all reasonable attempts shall be made to notify affected and interested parties and to solicit data and comments on the petitioned action from as many persons as is practicable. In addition to commission efforts to provide notification through distribution of the commission agenda and minutes pursuant to Section 2078, the department shall immediately undertake efforts to notify affected and interested parties. Methods of notification may include, but are not limited to, correspondence, newspaper notices, and press releases, and notification shall include notice to owners of that land which may provide habitat essential to the continued existence of the species, unless the director determines that ownership is so widespread, fragmented, or complex as to make individual notice impractical.
(Added by Stats. 1984, Ch. 1162, Sec. 6.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2074.6.

2074.6. (a) If the commission accepts a petition for consideration, the department shall promptly commence a review of the status of the species concerned in the petition.
(b) Within 12 months of the date of publication of a notice of acceptance of a petition for consideration pursuant to paragraph (2) of subdivision (e) of Section 2074.2, the department shall produce and make publicly available on the department’s internet website a final written peer reviewed report, based upon the best scientific information available to the department, which indicates whether the petitioned action is warranted, which includes a preliminary identification of the habitat that may be essential to the continued existence of the species, and which recommends management activities and other recommendations for recovery of the species.
(c) Prior to releasing the final written report, the department shall have a draft status review report prepared and independently peer reviewed, and upon receiving the peer reviewers’ input, shall evaluate and respond in writing to the independent peer review and shall amend the draft status review report as appropriate.
(d) The revised report shall be posted on the department’s internet website for a minimum of 30 days for public review prior to the hearing scheduled pursuant to Section 2075.
(e) The commission may grant an extension of up to six months if the director determines an extension is necessary to complete independent peer review of the report, and to provide a minimum of 30 days for public review of the peer reviewed report prior to the public hearing specified in Section 2075.
(Amended by Stats. 2023, Ch. 132, Sec. 37. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2074.8.

2074.8. (a) This article does not impose any duty or obligation for, or otherwise require, the commission or the department to undertake independent studies or other assessments of any species when reviewing a petition and its attendant documents and comments.
(b) The director may approve an extension of time for completion of the status report if necessary for the purposes of obtaining independent peer review pursuant to Section 2074.6.
(Amended by Stats. 2023, Ch. 132, Sec. 38. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2075.

2075. The commission shall schedule the petition for final consideration at its next available meeting after receipt of the departmental report provided pursuant to Section 2074.6 and shall distribute the pending agenda for that meeting pursuant to Section 2078. The commission shall make the department’s report, or copies thereof, which was provided, pursuant to Section 2074.6, available for review upon request.
(Added by Stats. 1984, Ch. 1162, Sec. 6.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2076.

2076. Any finding pursuant to this article is subject to judicial review under Section 1094.5 of the Code of Civil Procedure.
(Amended by Stats. 2023, Ch. 132, Sec. 39. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2076.5.

2076.5. Notwithstanding Sections 2071 to 2075.5, inclusive, the commission may adopt a regulation that adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 399) of Division 1 if the commission finds that there is any emergency posing a significant threat to the continued existence of the species. The commission shall notify affected or interested persons of the adoption of the emergency regulation pursuant to the methods described in Section 2074.4.
(Amended by Stats. 2016, Ch. 546, Sec. 23. (SB 1473) Effective January 1, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2077.

2077. (a) Upon a specific appropriation of funds by the Legislature, the department shall, or if other funding is available, in the absence of a specific appropriation, may, review species listed as an endangered species or as a threatened species every five years to determine if the conditions that led to the original listing are still present. The review shall be conducted based on information that is consistent with the information specified in Section 2072.3 and that is the best scientific information available to the department. The review shall include a review of the identification of the habitat that may be essential to the continued existence of the species and the department’s recommendations for management activities and other recommendations for recovery of the species. The department shall notify any person who has notified the commission, in writing with their address, of their interest, and the department may notify any other person.
(b) Review pursuant to subdivision (a) of species that are listed by both the commission and the United States Department of the Interior shall be conducted in conjunction with the five-year review process of the United States Department of the Interior.
(c) Initial review of those species listed by the commission before January 1, 1982, that are not listed by the federal government shall be undertaken and completed by July 1, 1987. Initial review of those species listed by the commission after January 1, 1982, that are not listed by the federal government shall be undertaken and completed within five years of the date the species was originally listed by the commission.
(d) Notwithstanding any other provision of this section, the commission or the department may review a species at any time based upon a petition or upon other data available to the department and the commission.
(e) The department shall report in writing to the commission the results of its five-year review for each listed species. The commission shall treat any report of the department under this subdivision that contains a recommendation to add a species to, or remove a species from, the list of endangered species or the list of threatened species as a department recommendation submitted pursuant to Section 2072.7.
(Amended by Stats. 2018, Ch. 329, Sec. 7. (SB 473) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2078.

2078. (a) To provide all interested persons access to information and notification of pending listing or delisting actions, the commission shall distribute the related agenda of pending actions and those portions of its minutes of actions taken under this article to any individuals who have notified the commission, in writing with their address, of their interest. This notification shall be published in the California Regulatory Notice Register and shall meet the requirements of public notice as required for commission action under Section 2073.3, 2074, 2074.2, 2075, or 2077.
(b) The commission may impose an annual fee on those persons who request inclusion on the list to be notified in order to offset the cost of establishing and maintaining the list, and preparing and mailing the notices. Fees received pursuant to this section shall be deposited in the Fish and Game Preservation Fund.
(Amended by Stats. 1991, Ch. 974, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 2 - Listing of Endangered Species › Section 2079.

2079. The department shall, by January 30 of every third year, beginning January 30, 1986, prepare a report summarizing the status of all state listed endangered, threatened, and candidate species, and shall post the report on the commission’s Internet Web site. This report shall include, but not be limited to, a listing of those species designated as endangered, threatened, and candidate species, a discussion of the current status of endangered, threatened, or candidate species, and the timeframes for the review of listed species pursuant to this article.
(Amended by Stats. 2012, Ch. 728, Sec. 44. (SB 71) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2080.

2080. No person or public agency shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, any species, or any part or product thereof, that the commission determines to be an endangered species or a threatened species, or attempt any of those acts, except as otherwise provided in this chapter, the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of this code), or the California Desert Native Plants Act (Division 23 (commencing with Section 80001) of the Food and Agricultural Code).
(Amended by Stats. 2018, Ch. 329, Sec. 9. (SB 473) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2080.2.

2080.2. The Legislature finds and declares the following:
(a) The historic settlement approved by Congress in the San Joaquin River Restoration Settlement Act (Part I of Subtitle A of Title X of Public Law 111-11) directs the federal government to reintroduce spring run Chinook salmon to the San Joaquin River. In approving the settlement and the new statutory provisions governing the reintroduction of California central valley spring run Chinook salmon, Congress found that the implementation of the settlement, to resolve 18 years of contentious litigation regarding restoration of the San Joaquin River and the reintroduction of the salmon, was a unique and unprecedented circumstance. The settlement also provides that nothing in the settlement diminishes the statutory or regulatory protections under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) nor does it establish a precedent with respect to any other application of the federal act.
(b) Central valley spring run Chinook salmon have been listed since 1999 as a threatened species under this chapter and were still listed as of January 1, 2011.
(c) Restoring spring run Chinook salmon to the San Joaquin River is intended to further the conservation and recovery of the species.
(d) Consistent with the unique and historic circumstances that led to the settlement, nothing in Section 2080.2, 2080.3, or 2080.4 is intended to create any precedent as to future application of this chapter, nor do Sections 2080.2, 2080.3, or 2080.4 otherwise modify other existing statutes or legal obligations.
(Added by Stats. 2010, Ch. 291, Sec. 1. (SB 1349) Effective January 1, 2011.)