citation: FGC § 3033

text:
(a) Pursuant to this section, the department shall issue to a disabled veteran or recovering service member who has not been convicted of a violation of this code a reduced fee hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code.

(b) The base license fee for a reduced fee hunting license shall be four dollars ($4) for the hunting license year beginning on July 1, 1995, and, for the following years, this license fee may be annually reviewed and adjusted in accordance with Section 713.

(c) For the purposes of this section, the following terms have the following meanings:

(1) “Disabled veteran” means a person having a 50 percent or greater service-connected disability and an honorable discharge from military service.

(2) “Recovering service member” means a member of the military who meets the definition of “recovering service member” in Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181).

(d) A person applying for a reduced fee hunting license shall submit to the department adequate documentation for the department to determine whether the person is, in fact, eligible for a reduced fee hunting license. The department shall not issue a reduced fee hunting license to a person unless it is satisfied that the person has provided adequate documentation of eligibility for that license.

(e) A disabled veteran shall submit the following documentation:

(1) Proof of an honorable discharge from military service.

(2) Proof of the disability described in paragraph (1) of subdivision (c), either by certification from the United States Department of Veterans Affairs or by presentation of a license issued pursuant to this section in the preceding license year.

(f) A recovering service member shall submit a letter to the department stating that the person is a recovering service member as defined in subdivision (d), from either that person’s commanding officer or a military medical doctor. The letter may be submitted either in hard copy form or online.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 63. (AB 1527) Effective January 1, 2016.)

article: 2. Hunting Licenses


kind: section

code: FGC

citation: FGC § 3034

text:
(a) The department shall prepare a report to the Legislature no later than July 1, 2024, on the effects of the reduced-price tags issued pursuant to Sections 331, 332, 4751, and 4902 of the Fish and Game Code on rates of participation by junior hunters, the Big Game Management Account, and the Fish and Game Preservation Fund. The department shall collect relevant, sufficient, and appropriate data to evaluate the reduced-price tag program in the report, and make recommendations on improving the cost-effectiveness of those tags.

(b) The report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2028.

history: (History: Added by Stats. 2018, Ch. 295, Sec. 7. (AB 2151) Effective January 1, 2019. Section operative July 1, 2019, pursuant to Stats. 2018, Ch. 295, Sec. 12. Repealed as of July 1, 2028, by its own provisions.)

division: 4. BIRDS AND MAMMALS

chapter: 1. General Provisions

article: 2. Hunting Licenses

path: 4. BIRDS AND MAMMALS > 1. General Provisions > 2. Hunting Licenses


citation: FGC § 3037

text: A hunting license authorizes the person to whom it is issued to take birds and mammals, in accordance with law, for a term of one year from July 1st to June 30th, or, if issued after the beginning of such term, for the remainder of the term.

history: (History: Amended by Stats. 1971, Ch. 1470.)

article: 2. Hunting Licenses


citation: FGC § 3038

text:
Any member of the armed forces of the United States who is in a military medical facility and who is at least 70 percent disabled shall be issued a hunting permit, on application therefor, by the department, in lieu of a hunting license and appropriate tags, authorizing the taking of birds and mammals. If the permit covers a period during which birds or mammals may only be taken or shipped with appropriate tags, the department may issue such tags with the permit or shall endorse the permit to authorize such taking and shipping without such tags.

Such a permit shall be valid only during the period of time such person is in the medical facility and so disabled. Certification by the commanding officer of the military medical facility shall be sufficient proof of this period of time and extent of disability.

article: 2. Hunting Licenses


citation: FGC § 3039

text:
(a) Except as otherwise provided in this section, Section 2023, Section 3087, Section 4303, another provision of this code, or a regulation adopted pursuant to this code, it is unlawful to sell or purchase a bird or mammal found in the wild in California.

(b) Shed antlers, or antlers taken from domestically reared animals that have been manufactured into products or handicraft items, or that have been cut into blocks or units that are to be handcrafted or manufactured into those articles, may be purchased or sold at any time. However, complete antlers, whole heads with antlers, antlers that are mounted for display, or antlers in velvet may not be sold or purchased at any time, except as authorized by Section 3087.

(c) Notwithstanding Section 3504, inedible parts of domestically raised game birds may be sold or purchased at any time.

(d) A person who illegally takes a bird or mammal for profit or for personal gain by engaging in an activity authorized by this section is subject to civil liability pursuant to Section 2582.

(e) This section shall become operative on January 1, 2023.

history: (History: Added by Stats. 2019, Ch. 764, Sec. 3.5. (AB 44) Effective January 1, 2020. Operative January 1, 2023, by its own provisions.)

article: 2. Hunting Licenses


citation: FGC § 3040

text:
(a) Notwithstanding Section 3031, the director shall, no later than July 1, 2023, designate two days per year as “Free Hunting Days.” The department shall publish the exact dates of the free hunting days in annual publications of the department regarding current hunting regulations.

(b) (1) During a free hunting day, a California resident may hunt if accompanied by a hunter who meets all of following requirements:

(A) Holds a valid hunting license issued by the State of California.

(B) Is at least 21 years of age.

(C) Accompanies only one unlicensed hunter in the field at a time.

(2) An unlicensed hunter shall participate in the free hunting days for only one license year, and shall complete a hunter education course approved by the department and register with the department, or an agent of the department, before participating in a free hunting day. While engaged in hunting activities, an unlicensed hunter and the licensed supervising hunter shall remain in close visual and verbal contact with each other at all times so that the licensed hunter is able to provide adequate direction and immediately assume control of a firearm or other legal method of take used by the unlicensed hunter at any time.

(c) The department shall issue a free registration for free hunting days to any California resident who submits to the department all of the information required to issue an annual California hunting license and provides evidence of completing a course in hunter education as required in paragraph (3) of subdivision (a) of Section 3050. The free hunting day registration shall be valid from the date specified on the registration through the remainder of the license year for which the registration is issued.

(d) An unlicensed hunter who participates in a free hunting day shall have in their possession all of the following:

(1) A registration to hunt on free hunting days for that license year issued by the department pursuant to subdivision (c).

(2) Any required tags, validations, or report cards.

(3) Any required federal entitlements.

(4) Any required entry permits.

(e) An unlicensed hunter participating in free hunting days shall take only resident and migratory game birds, resident small game mammals, fur-bearing mammals, nongame mammals, and wild pigs with a wild pig validation.

(f) An unlicensed hunter participating in free hunting days shall not apply for any draw or lottery to obtain any tag, reservation, or other hunting opportunity.

(g) An unlicensed hunter hunting pursuant to this section is subject to all of the limitations, restrictions, conditions, statutes, rules, and regulations applicable to the holder of a valid hunting license, except all of the following:

(1) The requirement to possess a valid hunting license pursuant to Section 3031.

(2) The requirement to possess an upland game bird hunting validation pursuant to Section 3682.1.

(3) The requirement to possess a state duck hunting validation pursuant to Section 3700.1.

(h) An unlicensed hunter, who is 12 years of age or older, in possession of a registration to hunt on free hunting days may purchase one wild pig validation pursuant to Section 4654.

(i) (1) The department may adopt additional minimum requirements and restrictions for a licensed hunter or an unlicensed hunter participating in a free hunting day pursuant to this section.

(2) The department may adopt emergency regulations to implement this section in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department, or any amendments to it made by the department pursuant to this section, shall stay in effect until revised by the department.

(j) (1) On or before July 1, 2022, the department shall develop a plan to implement this section. The plan shall include, at a minimum, all of the following:

(A) A description of the scope of the emergency regulations necessary to implement this section.

(B) A description of the steps the department will take to implement this section.

(C) An estimate of the total costs to the department to implement this section.

(D) Identification of the source of the funds, including fees paid by hunters, necessary to implement this section.

(2) The estimate of the total costs to the department identified in subparagraph (C) of paragraph (1) shall include, but is not limited to, the costs of pursuing emergency regulations, updating existing or developing new hunting outreach materials for the free hunting days, any necessary revision to the Automated License Data System, and use of any department resources necessary to conduct the free hunting days.

(3) The department shall provide the plan required by paragraph (1) to the relevant legislative policy and budget committees and post the plan on its internet website.

(k) This section shall become operative on July 1, 2024.

history: (History: Repealed (in Sec. 10) and added by Stats. 2022, Ch. 469, Sec. 11. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)

article: 2. Hunting Licenses


citation: FGC § 3049

text:
(a) It is the intent of the Legislature in enacting this article to ensure the health and safety of its citizens engaged in activities requiring the use of hunting implements.

(b) The Legislature finds and declares that individuals who engage in hunting should possess an adequate understanding of hunter safety practices, principles of conservation, and positive sporting behavior.

(c) It is also the intent of the Legislature that persons so engaged be mindful of their responsibilities to others, toward wildlife, and toward their natural environment. The department shall take all steps necessary to carry out the provisions of this article.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 63. (AB 1760) Effective January 1, 2024.)

article: 2.5. Hunter’s Safety

path: 4. BIRDS AND MAMMALS > 1. General Provisions > 2.5. Hunter’s Safety


citation: FGC § 3050

text:
(a) No hunting license may be issued to any person unless he or she presents to the person authorized to issue that license any of the following:

(1) Evidence that he or she has held a hunting license issued by this state in a prior year.

(2) Evidence that he or she holds a current hunting license, or a hunting license issued in either of the two previous hunting years by another state or province.

(3) A certificate of completion of a course in hunter education, principles of conservation, and sportsmanship, as provided in this article. A hunter education instruction validation stamp shall be permanently affixed to certificates of completion that have been issued before January 1, 2008.

(4) A certificate of successful completion of a hunter education course in another state or province.

(5) Evidence of completion of a course in hunter education, principles of conservation, and sportsmanship, which the commission may, by regulation, require.

(b) The evidence required in subdivision (a) shall be forwarded to the department.

(c) Subdivision (a) does not apply to any person purchasing a hunting license under paragraph (5) of subdivision (a) of Section 3031. However, that license shall not qualify as evidence required in subdivision (a) of this section.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 16. (SB 798) Effective January 1, 2016.)

article: 2.5. Hunter’s Safety


citation: FGC § 3051

text:
(a) The department shall provide for a course of instruction in hunter education, principles of conservation, and positive sporting behavior, and for this purpose may cooperate with any reputable association or organization having as one of its objectives the promotion of hunter safety, principles of conservation, and positive sporting behavior.

(b) The department may designate as a hunter education instructor any person found by it to be competent to give instruction in the courses required in this article.

(c) A hunter education instructor shall issue a certificate of completion as provided by the department to a person who completes a course of instruction in hunter safety, principles of conservation, and positive sporting behavior.

(d) The department shall prescribe a minimum level of skill and knowledge to be required of all hunter education instructors, and may limit the number of students per instructor in all required classes.

(e) The department may revoke the certificate of an instructor when, in the opinion of the department, it is in the best interest of the state to do so.

(f) In order to recruit and retain hunter education instructors, the department shall offer special hunting opportunities to qualified hunter education instructors by providing a limited number of existing tags and other hunting opportunities. The department may provide these tags and hunting opportunities through any of the following methods:

(1) The private lands management program described in Article 5 (commencing with Section 3400) of Chapter 2.

(2) The Shared Habitat Alliance for Recreational Enhancement (SHARE) program described in Article 3 (commencing with Section 1570) of Chapter 5 of Division 2.

(3) Entering into cooperative agreements with federal, state, and local agencies that hold title to, or administer, lands or waters.

(4) Entering into cooperative agreements with landowners or tenants seeking depredation permits for game mammals as described in Section 4188.

(5) Authorizing a maximum of 15 tags from the annual tag quota, as determined by the department.

(g) The department shall determine eligibility criteria for hunter education instructors seeking the hunting opportunities offered pursuant to subdivision (f). The department shall offer hunting opportunities to eligible hunter education instructors only by random drawing.

(h) The department may adopt regulations to implement this section.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 64. (AB 1760) Effective January 1, 2024.)

article: 2.5. Hunter’s Safety


citation: FGC § 3052

text: A person receiving instruction from a hunter education instructor shall not be charged a fee for the service provided by the instructor, but may be charged a fee to cover the costs incurred by the instructor in teaching the class. A record of these costs shall be kept for inspection by the department. Costs may include, but are not limited to, range fees, ammunition, and transportation of students.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 66. (AB 1527) Effective January 1, 2016.)

article: 2.5. Hunter’s Safety


citation: FGC § 3053

text: In the case of loss or destruction of a certificate, a duplicate certificate may be issued by the instructor who issued the original certificate, or, by an instructor of the sponsoring organization having adequate records to establish successful completion of the prescribed course, or by the department if verified by adequate records to establish successful completion of the prescribed course. An administrative fee of three dollars ($3) shall be charged for the issuance of a duplicate certificate, for the hunting license year commencing on July 1, 1990, and, for the following years as adjusted pursuant to Section 713.

history: (History: Amended by Stats. 1989, Ch. 530, Sec. 3.)

article: 2.5. Hunter’s Safety


citation: FGC § 3054

text: The department shall furnish information on hunter safety, principles of conservation, and sportsmanship that shall be distributed free of charge to persons designated as hunter education instructors for instructional purposes.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 60. Effective January 1, 2008.)

article: 2.5. Hunter’s Safety


citation: FGC § 3060

text: The department, in conformity with such regulations as the commission may prescribe, may issue special Colorado River hunting licenses when the commission finds and determines that under the laws of the State of Arizona substantially similar licenses are authorized to be issued to licensees of the State of California upon substantially the same terms and conditions as are provided for in this article as to the issuance of licenses to licensees of the State of Arizona.

history: (History: Enacted by Stats. 1957, Ch. 456.)

path: 4. BIRDS AND MAMMALS > 1. General Provisions > 3. Special Colorado River Hunting Licenses


citation: FGC § 3061

text: A special Colorado River hunting license may be issued to any person holding a hunting license issued by the State of Arizona.

article: 3. Special Colorado River Hunting Licenses


citation: FGC § 3062

text: A special Colorado River hunting license shall entitle the holder thereof to take only migratory waterfowl and only in, on, or along the Colorado River in accordance with the applicable state and federal laws and regulations or orders made pursuant thereto.


citation: FGC § 3063

text: The fee for a special Colorado River hunting license shall be two dollars ($2), and each such license shall be valid until the end of the calendar year in which it is issued.


citation: FGC § 3080

text:
(a) For the purposes of this section, “donor intermediary” means a recipient who receives a game bird or mammal from a donor to give to a charitable organization or charitable entity.

(b) A person may possess a game bird or mammal during a period other than the open season for that game bird or mammal, up to the possession limit allowed for that game bird or mammal during the open season, in any of the following circumstances:

(1) The person possesses a hunting license and a validated tag or tags for the species possessed, or a copy of the license and tag or tags. The license and tag or tags shall have been issued to that person for the current or immediate past license year.

(2) The person is a donor intermediary who received the game bird or mammal from a donor described in paragraph (1), and has a written confirmation of the donation that is signed and dated by the donor, and a photocopy of the donor’s hunting license and the applicable validated tag or tags from the current or immediate past license year.

(3) The person is a donor intermediary who received the game bird or mammal from a donor described in paragraph (1), and has a written confirmation of the donation signed and dated by the donor, which includes the donor’s name, address, hunting license number, and applicable tag numbers for the species possessed. The license and tag or tags shall be for the current or immediate past license year.

(c) The documentation required by subdivision (b) shall be made available to the department as described in Section 2012. There is no required format for the documentation. Any written documentation containing the required information shall be deemed to comply with this section. A charitable organization or charitable entity receiving and distributing a game bird or mammal for a charitable or humane purpose shall maintain the documentation described in paragraph (2) or (3) of subdivision (b) for one year from the date of disposal.

(d) This section does not authorize the possession of a game bird contrary to regulations adopted pursuant to the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.).

(e) On or before January 1, 2015, and subject to the requirements of subdivision (d), the commission shall recommend legislation or adopt regulations to clarify when a possession limit is not violated by processing into food lawfully taken game birds or mammals.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 67. (AB 1527) Effective January 1, 2016.)

path: 4. BIRDS AND MAMMALS > 1. General Provisions > 4. Possession of Birds and Mammals After Season


citation: FGC § 3086

text:
Cold storage plants and frozen food locker plants shall make and keep a complete detailed record of all game birds or mammals stored in such plants. A record of each game bird or mammal shall be made at the time it is received at the plant for storage.

The record shall be open for inspection at all times by wardens of the department.

history: (History: Amended by Stats. 1959, Ch. 253.)

article: 4. Possession of Birds and Mammals After Season


citation: FGC § 3087

text:
(a) (1) Every person who prepares, stuffs, or mounts the skin of any fish, reptile, amphibian, bird, or mammal for another person for a fee shall make and keep an accurate and detailed record, as prescribed by regulations of the commission, regarding all fish, reptile, amphibian, bird, or mammal carcasses, skins, or parts thereof that are acquired, possessed, or stored for taxidermy purposes.

(2) The record required by this section shall be made at the time the fish, reptile, amphibian, bird, or mammal carcasses, skins, or parts thereof, are received, and shall include the name and address of each person from and to whom fish, reptile, amphibian, bird, or mammal carcasses, skins, or parts thereof are received or delivered and the number and species of all fish, reptile, amphibian, bird, or mammal carcasses, skins, or parts thereof received or delivered. The record shall be open for inspection at all times pursuant to regulations adopted by the commission.

(b) (1) Where a taxidermist has prepared, stuffed, or mounted the skin of any fish, reptile, amphibian, bird, or mammal for another person and that person does not pay the cost thereof, or take delivery thereof, the taxidermist may sell the skin only if the commission adopts regulations permitting the sale.

(2) The commission may adopt regulations permitting a sale pursuant to Chapter 6 (commencing with Section 3046) of Title 14 of Part 4 of Division 3 of the Civil Code, and may adopt any other regulations governing the sale, including, but not limited to, regulations that require a taxidermist to record, and provide to the department, the name and address of any person failing to pay for work performed on a skin, that list species of fish, reptiles, amphibians, birds, or mammals whose prepared skins shall not be sold, and that limit the sales price of prepared skins to the actual cost of preparation.

(3) The commission may adopt regulations permitting a sale of a prepared skin pursuant to this subdivision only if the commission also adopts regulations that require the posting of a notice or otherwise giving notice at the place of business of the taxidermist informing patrons of this subdivision and regulations adopted pursuant thereto.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 64. Effective January 1, 2008.)


citation: FGC § 3200

text:
Any person engaged in raising or importing, or who keeps in captivity, in this state domesticated game birds or domesticated game mammals which normally exist in the wild in this state shall procure a domesticated game breeder’s license if the birds or mammals are kept more than 30 days after acquisition. No license is, however, required of any of the following:

(a) Licensed pheasant clubs.

(b) Licensed domesticated migratory game bird shooting areas as defined in Article 4 (commencing with Section 3300) of Chapter 2 of Part 1 of Division 4.

(c) Keepers of hotels, restaurants, boardinghouses, or clubs serving the meat of those birds or mammals for actual consumption on the premises.

(d) Retail meat dealers selling that meat to customers for actual consumption.

(e) Public zoological gardens possessing those birds or mammals for exhibition purposes or for the purpose of disposing of the birds or mammals by sale, exchange, or donation to other public zoological gardens.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 65. (AB 1760) Effective January 1, 2024.)

chapter: 2. Commercial Activities

article: 1. Domesticated Game Breeding

path: 4. BIRDS AND MAMMALS > 2. Commercial Activities > 1. Domesticated Game Breeding


citation: FGC § 3201

text: No person shall sell the carcass of any domesticated game bird or mammal without first obtaining a domesticated game breeder’s license from the department. The department may issue such a license upon terms and conditions as the commission may prescribe, and the commission may at any time revoke such a license for sufficient cause.

history: (History: Amended by Stats. 1985, Ch. 234, Sec. 1.)

article: 1. Domesticated Game Breeding


citation: FGC § 3202

text:
There are classes of domesticated game breeder’s licenses, designated “class 1” and “class 2.”

(a) A class 1 domesticated game breeder’s license authorizes the licensee to engage in all domesticated game breeding activities except that not more than 175 Chinese ringneck or Mongolian ringneck pheasants, or both, or hybrids thereof, may be sold under a class 1 license.

(b) A class 2 domesticated game breeder’s license is required in order to sell more than 175 Chinese ringneck or Mongolian ringneck pheasants, or both, or hybrids thereof, and entitles the licensee to all the rights and privileges of a class 1 license.

history: (History: Amended by Stats. 1992, Ch. 244, Sec. 2. Effective January 1, 1993.)

article: 1. Domesticated Game Breeding


citation: FGC § 3203

text: The department shall issue a class 1 domesticated game breeder’s license upon the payment of a base fee of eight dollars ($8), as adjusted under Section 713, and a class 2 domesticated game breeder’s license upon the payment of a base fee of forty dollars ($40), as adjusted under Section 713.

history: (History: Amended by Stats. 1993, Ch. 589, Sec. 62. Effective January 1, 1994.)

article: 1. Domesticated Game Breeding


citation: FGC § 3204

text:
Licenses issued under the provisions of this article are valid for a term of one year from January 1st, or, if issued after the beginning of such term, for the remainder thereof.

A domesticated game breeder’s license shall be conspicuously displayed on the property where the birds or mammals are held in captivity.

article: 1. Domesticated Game Breeding


citation: FGC § 3205

text: Carriers for hire may carry within the State live domesticated game birds and mammals upon such terms and conditions as the commission may prescribe.

article: 1. Domesticated Game Breeding


citation: FGC § 3206

text:
No domesticated game bird or mammal shall be transported or sold dead unless each quarter and each loin of the carcass of each large mammal, the carcass of each bird, except as provided in Section 2401 for a domesticated game bird raised outside this State, and the carcass of each small mammal is tagged with a domesticated game breeder’s tag or seal. The tag or seal shall not be removed until such quarter, loin, or carcass is prepared for consumption.

No tag so affixed shall be used again.

No tag or seal shall be sold by the department to anyone other than a person who is legally in possession of domesticated game.

article: 1. Domesticated Game Breeding


citation: FGC § 3207

text: The department shall collect three cents ($0.03) for each tag or seal.

article: 1. Domesticated Game Breeding


citation: FGC § 3208

text:
On or before January 31st of each year, every person to whom a domesticated game breeder’s license has been issued shall report the following to the department on a form provided by the department:

(a) The total number of each species of game birds and mammals killed, sold, or shipped during the preceding year.

(b) The names of the persons to whom such game birds or mammals were sold or shipped.

(c) The name of the person in whose presence such game birds or mammals were tagged.

(d) A complete list of the game birds and mammals held in his possession at the time the report is made.

Such report shall be verified by the affidavit of the licensee.

article: 1. Domesticated Game Breeding


citation: FGC § 3209

text:
(a) In lieu of the tag required by Section 3206, poultry processing plants licensed pursuant to Chapter 4 (commencing with Section 18650) or Chapter 4.1 (commencing with Section 18940) of Part 3 of Division 9 of the Food and Agricultural Code, which process domesticated game birds received from persons licensed pursuant to this article, may package each individual carcass in a nonreusable container clearly labeled on the outside with the species of bird and the wording “Product of a Licensed California Domesticated Game Breeder.”

(b) Each processor receiving domesticated game birds shall keep a complete record of all birds received showing all of the following:

(1) The date received.

(2) The number and species of birds in each lot or shipment.

(3) The complete name, address, and domesticated game breeders’ license number of the person from whom the birds were received.

(4) The disposition of processed birds, the date of sale or shipment, the quantity and species sold or shipped, and the person to whom the birds were sold or shipped.

(c) The records shall be retained by the processor for one year following date of processing. These records shall be subject to inspection upon demand by any officer of the department during hours the processing plant is in operation or open for business.

(d) This section does not affect the requirements of Section 3206 governing tagging domesticated game birds for transportation by those other than licensed poultry processors.

history: (History: Added by Stats. 1986, Ch. 65, Sec. 1.)

article: 1. Domesticated Game Breeding


citation: FGC § 3212

text: The keeper of a hotel, restaurant, boardinghouse, or club may sell portions of a quarter or loin of a large mammal, or the carcass of a game bird or mammal raised or imported under a domesticated game breeder’s license, to a patron for actual consumption on the premises only, and no license for that purpose shall be required of such keeper or club. All keepers of hotels, restaurants, boardinghouses, or clubs who sell any such game for consumption to a patron shall be required to submit to the inspection of their premises by the department and shall display for such inspection any carcass or parts thereof held in storage for sale. All such game shall be tagged under Section 3206.

article: 1. Domesticated Game Breeding


citation: FGC § 3213

text:
A retail meat dealer may, without a license, sell portions of a quarter or loin of a large mammal or the carcass of a game bird or mammal raised or imported under a domesticated game breeder’s license to a customer for actual consumption.

Retail dealers shall submit their premises to inspection by the department, and shall display at any authorized inspection any carcass or parts thereof held by them in storage. Such game meat or carcasses shall be tagged under Section 3206.

article: 1. Domesticated Game Breeding


citation: FGC § 3214

text:
Domesticated game breeders or other persons holding domesticated game mammals in captivity shall confine the mammals in escape-proof cages or enclosures. In the event any of the mammals escape from the cages or enclosures, the owner shall immediately make every reasonable effort to recapture them. If the owner fails to recapture the escaped mammals, the department may capture the mammals or remove them from the wild by whatever means may be necessary if, in the opinion of the department, the mammals may conflict with native species of birds or mammals or cause damage to public or private property. The owner shall reimburse the department for all costs incurred in capturing or removing the mammals from the wild. The owner of the mammals shall be responsible for any damage they may cause to public or private property.

Any domesticated big game mammal may be marked with ear tags or other suitable markings or tags, as may be specified by the commission, which shall identify the owner of the mammals.

history: (History: Amended by Stats. 1970, Ch. 527.)

article: 1. Domesticated Game Breeding


citation: FGC § 3216

text: All domesticated game birds and mammals, excepting deer, sold under the provisions of this article, shall be killed otherwise than by shooting. This section does not apply to licensed pheasant clubs, licensed domesticated migratory game bird shooting areas, or to the training or practice of hunting dogs.

history: (History: Amended by Stats. 1970, Ch. 1312.)

article: 1. Domesticated Game Breeding


citation: FGC § 3217

text: The carcass of a game bird which shows that it has been killed by shooting shall constitute prima facie evidence that it was not a domesticated game bird. The fact that the bird has been tagged in accordance with Section 3206 of this code shall not alter this presumption.

article: 1. Domesticated Game Breeding


citation: FGC § 3218

text: Any license issued under this article may be revoked by the commission upon conviction of the licensee of a violation of any provision of this code, and no similar license may be issued to the licensee during the same license year.

history: (History: Amended by Stats. 1985, Ch. 234, Sec. 2.)

article: 1. Domesticated Game Breeding


citation: FGC § 3219

text: Domesticated reindeer may be imported into this State and sold only in accordance with regulations which the commission may prescribe.

article: 1. Domesticated Game Breeding


text:
(a) For purposes of this article, the following terms have the following meanings:

(1) “Commercial hunting club” means property with respect to which a fee is imposed or collected for either of the following:

(A) Taking or attempting to take birds or mammals on the property.

(B) A type of entry or use permit that includes permission to take birds or mammals on the property.

(2) “Property” means a number of contiguous legal parcels owned by one or more owners and held out for a common purpose.

(b) A person, including, but not limited to, an owner, renter, or lessee, who is in possession or control of a commercial hunting club, shall procure a commercial hunting club license before a bird or mammal may be taken on the property.

(c) This article does not apply under any of the following circumstances:

(1) The fees described in paragraph (1) of subdivision (a) that are received by the owner, renter or lessee of the property are less than one hundred dollars ($100) per entrant and total less than one thousand dollars ($1,000) between July 1 and the following June 30. Pursuant to Section 713, department may adjust the threshold amounts established in this paragraph.

(2) The property is used in conjunction with the Shared Habitat Alliance for Recreational Enhancement (SHARE) program under Article 3 (commencing with Section 1570) of Chapter 5 of Division 2.

(3) A domesticated game bird hunting club licensed under Article 3 (commencing with Section 3270) operates on the property.

(4) A domesticated migratory game bird shooting area licensed under Article 4 (commencing with Section 3300) operates on the property.

(5) The property is used by a hunting club or program licensed under regulations adopted pursuant to this code.

(6) The property is used in conjunction with the private wildlife habitat enhancement and management program under Article 5 (commencing with Section 3400).

(7) The property is used for an officially sanctioned field trial event pursuant to regulations adopted pursuant to this code.

(8) The property is subject to a recorded state, federal, or nonprofit wildlife conservation or agricultural easement or is enrolled in a habitat protection or enhancement program under this code, including, but not limited to, Article 7 (commencing with Section 3460).

(d) This chapter does not apply to an owner of property that is rented or leased to a commercial hunting club, if the owner is not involved in the operation of the club and the club is licensed in accordance with this chapter.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 68. (AB 1527) Effective January 1, 2016.)

article: 2. Commercial Hunting Clubs

path: 4. BIRDS AND MAMMALS > 2. Commercial Activities > 2. Commercial Hunting Clubs


citation: FGC § 3241

text:
(a) An application for a commercial hunting club license shall be submitted on a form furnished by the department. The application, which shall set forth all of the exemptions and conditions established in Section 3240.5, shall require the applicant to include all of the following information:

(1) The name of the club and the ownership.

(2) The business telephone number and mailing address of the club.

(3) The number of properties used by the club and the physical location of each property.

(4) The total acreage of the club property.

(5) A list of all species of game hunted on the club property.

(6) Information as to whether the club owner owns any of the properties used by the club.

(7) The name and address of each property owner, if the property owner is substantially involved in the operation of the club, but does not own the club.

(8) The signature and title of the applicant.

(9) Any other information the department may require.

(b) The department shall allow a commercial hunting club that leases or rents more than one property for hunting purposes to submit a single application listing each of the properties for which the club is seeking a license, if all of the information required for each property is submitted in a format approved by the department.

history: (History: Repealed and added by Stats. 2009, Ch. 394, Sec. 8. (AB 1423) Effective January 1, 2010.)

article: 2. Commercial Hunting Clubs


citation: FGC § 3242

text:
(a) The department may issue a commercial hunting club license to any person upon submission of a completed application and payment of the required fee, according to the number of properties used by the club, as follows:

(1) The fee for one property shall be two hundred dollars ($200).

(2) The fee for two to five properties shall be five hundred dollars ($500).

(3) The fee for six to 10 properties shall be one thousand dollars ($1,000).

(4) The fee for 11 or more properties shall be two thousand dollars ($2,000).

(b) The fees specified in this section are applicable to the 2010 license year, and shall be adjusted annually thereafter pursuant to Section 713.

history: (History: Repealed and added by Stats. 2009, Ch. 394, Sec. 10. (AB 1423) Effective January 1, 2010.)

article: 2. Commercial Hunting Clubs


text: The commission may transfer a commercial hunting club license to other land owned or controlled by the licensee, in the same county as the originally licensed land, without an additional fee, if the commission finds the new land suitable for the purposes of the license and the transfer does not conflict with the public interest.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 69. (AB 1527) Effective January 1, 2016.)

article: 2. Commercial Hunting Clubs


citation: FGC § 3245

text: Commercial hunting club licenses are valid for a term of one year from July 1st, or, if issued after the beginning of such term, for the remainder thereof. A license authorizes the person to whom it is issued to maintain a hunting club in accordance with the provisions of this code and such regulations as the commission may prescribe.

history: (History: Amended by Stats. 1959, Ch. 248.)

article: 2. Commercial Hunting Clubs


citation: FGC § 3246

text: Any license issued under this article may be revoked by the commission at one of the commission’s regularly scheduled meetings, or by a court of competent jurisdiction, upon the licensee’s conviction of a violation of this code, and no new license may be issued to the licensee during the same license year.

history: (History: Amended by Stats. 1986, Ch. 1244, Sec. 3.)

article: 2. Commercial Hunting Clubs


citation: FGC § 3270

text: In order to provide additional hunting by stocking domestically propagated game birds, and to permit the taking of game birds under conditions that will not conflict with the public interest, any person who owns or controls the hunting rights on a tract of land may apply to the department for a game bird club license authorizing the taking of game birds upon that land in accordance with the regulations of the commission for the administration, including the implementation and enforcement, of this section.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 66. (AB 1760) Effective January 1, 2024.)

path: 4. BIRDS AND MAMMALS > 2. Commercial Activities > 3. Licensed Domesticated Game Bird Hunting Clubs


citation: FGC § 3300

text:
It is unlawful for any person to engage in the raising and releasing, or the releasing, of domesticated migratory game birds for shooting by persons who pay for that privilege, unless the person has a revocable nontransferable license issued by the department. The licenses may be issued annually by the department and shall be valid from July 1 through the following June 30, upon payment of a base fee of eighty dollars ($80), as adjusted under Section 713.

Any bird of a species included in the definition of migratory game birds, as defined in Section 3500, which has been held live in captivity is a “domesticated migratory game bird” for purposes of this section, except such a bird that has been released from captivity and any control before attaining six weeks of age.

history: (History: Amended by Stats. 1986, Ch. 1368, Sec. 13.)

path: 4. BIRDS AND MAMMALS > 2. Commercial Activities > 4. Licensed Domesticated Migratory Game Bird Shooting Areas


citation: FGC § 3301

text: The application for a license shall show the size and location of the area to be licensed. If an application is approved and a license is issued, the licensee shall post the boundaries of the licensed area with signs, at intervals of not more than 500 feet, which shall indicate that the area is licensed for the shooting of domesticated migratory game birds. Such signs shall be of a size not less than 12 by 18 inches.

history: (History: Added by Stats. 1970, Ch. 1312.)

article: 4. Licensed Domesticated Migratory Game Bird Shooting Areas


citation: FGC § 3302

text: The commission may prescribe additional regulations deemed necessary for the releasing and shooting of domesticated migratory game birds and shall set the season and areas where such birds may be taken. If the licensee violates any of the provisions of this article or any regulations made pursuant thereto, the commission may cancel or revoke the license provided notice has been given to the licensee and he has been given an opportunity to be heard by the commission.


citation: FGC § 3303

text: Where domesticated migratory game birds are reared or held for release by the licensee, the licensee shall provide proper and adequate care for the birds and shall raise and hold them only under sanitary conditions. Conditions for proper care and raising shall be prescribed by the commission. The licensee shall provide for the inspection of birds and facilities upon the request of the department.


citation: FGC § 3305

text: All domesticated migratory game birds at time of release for shooting shall be at least 14 weeks of age, capable of strong and sustained flight, fully feathered, and otherwise in condition to survive in the wild. Birds that are altered in any manner which would, in the opinion of the department, render them incapable of normal sustained flight, or which are diseased, or show evidence of malnutrition or injury, shall not be released.


citation: FGC § 3306

text:
Shooting shall be confined to blinds, except for shooting necessary to recover a downed and injured bird, and not more than three shooters shall occupy or use each blind. Such blinds shall be constructed to prevent the shooting of domestic migratory game birds over water and to insure maximum safety to occupants of adjoining blinds.

The blinds shall be so situated that the occupants of the blinds cannot see the release site.

The licensee shall not permit any shooting within 500 feet of a point where the birds are released, nor shall any birds be taken within such distance from the point of release.


citation: FGC § 3307

text:
All birds killed or injured by shooters shall be retrieved without delay, and all injured birds shall be humanely dispatched. The licensee shall not permit injured birds to remain on a pond or feeding area, nor shall he knowingly permit such birds to be used in any subsequent release.

In order to prevent the loss of any dead or injured birds, the licensee shall provide the use of a retrieving dog, without cost, to all shooters, except that shooters may provide their own retrieving dogs. The licensee shall not permit the shooting of any birds unless a retrieving dog is immediately available for use by all shooters.


citation: FGC § 3308

text: Licensees shall pay the department an inspection fee not to exceed five cents ($0.05) for each domesticated migratory game bird raised or used on a licensed area to insure proper adherence to these regulations.


citation: FGC § 3309

text: No dead, domesticated migratory game bird shall be removed from the premises of a licensed area until there is securely attached to the carcass a seal, and such seal shall remain attached to the carcass until it is finally prepared for consumption. Each such seal shall be supplied by the department at a fee set by the commission not to exceed five cents ($0.05).


citation: FGC § 3310

text: It shall be unlawful for any person to shoot domesticated migratory game birds on a licensed area without having a valid hunting license as provided by Section 3031.


citation: FGC § 3311

text: The licensee shall comply with all applicable federal laws or regulations relating to the releasing and shooting of domesticated migratory game birds.


citation: FGC § 3400

text: It is the policy of the state actively to ensure the improvement of wildlife habitat on private land in order to encourage the propagation, utilization, and conservation of fish and wildlife resources on those lands now and for the future in cooperation with private landowners. The commission and the department may develop a private wildlife habitat enhancement and management program for the implementation of this article.

history: (History: Amended by Stats. 1992, Ch. 818, Sec. 1.5. Effective January 1, 1993.)

path: 4. BIRDS AND MAMMALS > 2. Commercial Activities > 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands


citation: FGC § 3401

text:
(a) The commission may authorize the department to issue revocable, nontransferable licenses for the operation of wildlife habitat enhancement and management areas on any private lands it determines are suitable for habitat enhancement, management, utilization, propagation, and conservation of fish and wildlife resources of those lands. Any private lands affected by a habitat enhancement and management plan licensed pursuant to this article shall not be available for use by the general public without the consent of the landholders. No public access road shall be closed to the public under this article as a result of licensing a wildlife habitat enhancement and management area or implementing the wildlife habitat enhancement and management plan.

(b) The commission shall authorize hunting during the rut only in a wildlife habitat enhancement and management area when that hunting is consistent with the management plans prepared for that area or herd and does not result in an overall negative effect on the deer herd population in that area.

history: (History: Amended by Stats. 1992, Ch. 818, Sec. 2. Effective January 1, 1993.)

article: 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands


citation: FGC § 3402

text:
(a) A license for a wildlife habitat enhancement and management area may be issued to any landholder or combination of landholders upon approval by the commission of an application submitted by the landholder. As used in this article, “landholder” means any person who owns, leases, or has a possessory interest in land.

(b) Each license application shall be accompanied by a nonrefundable fee in an amount established by the commission which, in conjunction with the fees collected pursuant to Section 3407, is calculated to meet the department’s actual costs in administering all aspects of the habitat enhancement and management program. The application shall be accompanied by a wildlife habitat enhancement and management plan and such other information about the proposed wildlife habitat enhancement and management area as may be required by the commission.

(c) An application for a license may be submitted by any number of landholders if all parcels to be included in the wildlife habitat enhancement and management area are contiguous and, in combination, are of a size suitable for the management of the species included in the wildlife habitat enhancement and management plan. The landholders shall designate one landholder who shall represent them in all dealings with the commission and the department. The designated landholder shall be responsible for the operation of the wildlife habitat enhancement and management area.

(d) A landholder who does not own the fee to the land may apply for a license pursuant to this article only if the owner signs the application.

history: (History: Amended by Stats. 1992, Ch. 818, Sec. 3. Effective January 1, 1993.)


citation: FGC § 3403

text: The commission shall require the landowners of a wildlife habitat enhancement and management area to post all or part of its boundaries with public land. The commission may require the owners of a wildlife habitat enhancement and management area to post all or part of its boundaries with private land.

history: (History: Amended by Stats. 1992, Ch. 818, Sec. 3.5. Effective January 1, 1993.)


citation: FGC § 3404

text:
(a) The commission may adopt regulations necessary for the administration of this article.

(b) After notice and a hearing, the commission may revoke the license for any violation of any provision of this code or any regulations adopted pursuant thereto or for any violation of the terms of the license.

history: (History: Amended by Stats. 1984, Ch. 144, Sec. 29.)


citation: FGC § 3406

text:
(a) Upon approval of the wildlife habitat enhancement and management plan, the department shall issue a license, which shall be valid for five calendar years, authorizing the taking of those species of fish, game birds, and game mammals designated in the wildlife habitat enhancement and management plan, pursuant to the plan and regulations of the commission for the operation of the wildlife habitat enhancement and management area. Regulations adopted pursuant to this section may supersede any provision of this code designated by number in the regulation, but shall do so only to the extent specifically provided in the regulation.

(b) During the first year of operation of a wildlife habitat enhancement and management area under a wildlife habitat enhancement and management plan and, thereafter, until the operator demonstrates habitat enhancement in the area acceptable to the department, no person shall take, and the plan shall not authorize the taking, of deer except during the general open season and consistent with the bag and possession limits for the fish and game district or the zone in which the wildlife habitat enhancement and management area is located.

(c) The activities conducted pursuant to each wildlife habitat enhancement and management plan shall be reviewed annually by the department and reviewed by the commission at a public hearing. Each licensee shall annually submit information to the department about past activities and the activities intended to be conducted in the succeeding year. Any change to the wildlife habitat enhancement and management plan or the regulations applicable to the wildlife habitat enhancement and management area shall be proposed to the commission by the department or the licensee at the license review hearing.

history: (History: Amended by Stats. 1992, Ch. 818, Sec. 4. Effective January 1, 1993.)


citation: FGC § 3407

text:
(a) The commission may require that any fish, bird, or mammal taken in a wildlife habitat enhancement and management area licensed pursuant to this article be marked for identification with a distinctive tag or seal issued by the department prior to being removed from the area.

(b) A deer tag shall be countersigned by a person authorized to do so by Section 4341.

(c) Any fish, bird, or mammal so identified may be possessed and transported at any time during the period for which the tag or seal is valid.

(d) The fees for tags and seals shall be established by the commission in amounts which, in conjunction with fees collected pursuant to Section 3402, are calculated to meet the actual costs incurred by the department in administering all aspects of the habitat enhancement and management program.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 67. (AB 1760) Effective January 1, 2024.)


citation: FGC § 3408

text: Any landholder who has paid the fee required by this article, has a valid license issued pursuant to this article, and who is conducting activities pursuant to an approved wildlife habitat enhancement and management plan that could be licensed or permitted pursuant to another provision of this code shall be exempt from any requirement to obtain that other license or permit or to pay any other fee. This section shall not, however, be construed to exempt anyone from any requirement pertaining to hunting and sport fishing licenses and stamps.

history: (History: Amended by Stats. 1992, Ch. 818, Sec. 6. Effective January 1, 1993.)


citation: FGC § 3450

text: It is the policy of the state to actively encourage the biologically sound management of fish and other wildlife resources on lands administered by the United States Department of Defense. The department may develop a program to implement this article in cooperation with the military services.

history: (History: Added by Stats. 1986, Ch. 591, Sec. 1.)

path: 4. BIRDS AND MAMMALS > 2. Commercial Activities > 6. Management of Fish and Wildlife on Military Lands


citation: FGC § 3451

text: The department may coordinate and cooperate with all branches of the United States military service, Department of Defense, for the purpose of developing fish and wildlife management plans and programs on military installations. The plans and programs shall be designed to provide biologically optimum levels of fish and wildlife resource management and use compatible with the primary military use of those lands. Military lands involved in programs developed pursuant to this article shall not be available to the general public without the consent of the military service administering the lands.

article: 6. Management of Fish and Wildlife on Military Lands


citation: FGC § 3452

text: The commission may adopt regulations and authorize the department to enter into agreements with the United States Department of Defense for the administration of this article.


citation: FGC § 3453

text:
(a) Upon approval of specific management plans and programs, which reflect the recommendations of the department, the commission may authorize actions and adopt regulations governing those actions pursuant to this article.

(b) The provisions of Sections 457, 458, 459, and 460 do not apply to regulations adopted under this article.

(c) The activities conducted pursuant to this program shall be reviewed annually by the department and the commission.


citation: FGC § 3460

text:
(a) Subject to appropriation pursuant to Section 3467, the director may enter into contracts with nonpublic entities which are owners of record, or with lessees, who have the owners of record execute the contract, of land determined by the director to be important for the conservation of waterfowl. The contract shall enforceably restrict the use of the land for the conservation of waterfowl and their habitat consistent with Section 8 of Article XIII of the California Constitution.

(b) The director shall give priority to contracts that have the greatest potential for restoring, enhancing, and protecting high quality waterfowl habitat, especially that which is subject to destruction, drastic modification, or significant curtailment of habitat values.

(c) Contracts entered into pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

history: (History: Amended by Stats. 1990, Ch. 1425, Sec. 2.)

path: 4. BIRDS AND MAMMALS > 2. Commercial Activities > 7. The California Waterfowl Habitat Program


citation: FGC § 3461

text:
Each contract shall be for an initial term of 10 years and shall include all of the following:

(a) The designation of the owner of record and any lessee, and the legal description and the assessor’s parcel number of the land subject to the contract.

(b) An agreement by the owner and any lessee to restore, enhance, and protect the waterfowl habitat character of the described land and to carry out a waterfowl habitat management plan developed with the department.

(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.) which the department determines to be in compensation for the same obligation undertaken by the owner under the water bank program.

(f) A requirement that the department monitor compliance with the management plan or contract with the United States Soil Conservation Service or other appropriate agency, entity, or person to monitor compliance with the management plan, and that the owner or lessee allows access for the monitoring.

(g) Any additional provisions that the director determines are desirable to effectuate the purposes of the program or to facilitate its administration.

history: (History: Added by Stats. 1987, Ch. 633, Sec. 2.)

article: 7. The California Waterfowl Habitat Program


citation: FGC § 3462

text:
(a) Not later than 20 days after the director has entered into a contract pursuant to this article, a copy of the contract particularly describing the subject habitat as required by subdivision (a) of Section 3461 shall be recorded by the department in the office of the county recorder in each county in which any portion of the areas subject to the contract is located. The contract shall be indexed by the recorder in the grantor-grantee index to the name of the owner of record as grantor and to the department as grantee.

(b) Notwithstanding Section 27383 of the Government Code, the department shall pay the fees for recording and indexing the contract, and the department shall deduct the amount paid from the amounts due to the owner under the contract.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 68. (AB 1760) Effective January 1, 2024.)


citation: FGC § 3464

text: The contract shall be automatically renewed in the same manner as contracts are renewed and extended, or noticed for nonrenewal, under the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code). Upon the request of the owner or lessee, the director shall reexamine the payment rate for the contract at five-year intervals, considering the then current management costs and, with the concurrence of the owner or lessee, make any needed adjustments in rates for the remainder of the contract term.


citation: FGC § 3465

text:
(a) 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.

(b) If the owner or lessee divests himself or herself of the use of the area subject to a contract by sale or otherwise, the person succeeding to that use is subject to all of the terms and conditions of the contract.


citation: FGC § 3466

text: 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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 69. (AB 1760) Effective January 1, 2024.)


citation: FGC § 3467

text: The California Waterfowl Habitat Preservation Account is hereby created in the Fish and Game Preservation Fund, and the money in the account shall be transferred to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Division 4 of Title 2 of the Government Code. The proceeds of the investment deposited in the account shall be available, upon appropriation by the Legislature, for expenditure pursuant to this article. However, not more than 7 percent of the money appropriated from the account for expenditure in any fiscal year shall be expended in that fiscal year for administrative costs of the department.


text: 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)).

history: (History: Added by Stats. 2021, Ch. 521, Sec. 1. (AB 614) Effective January 1, 2022.)


citation: FGC § 3469

text:
(a) There is established the California Winter Rice Habitat Incentive Program subject to the requirements of this article.

(b) Subject to appropriation for purposes of this article, the director may enter into contracts with nonpublic entities that are owners of record or with lessees of productive agricultural rice lands that are winter flooded and that are determined by the director to be important for the conservation of waterfowl. The contract shall enforceably restrict the use of the land for the conservation of waterfowl and their habitat in a manner that allows for the use of the land for rice farming consistent with Section 8 of Article XIII of the California Constitution.

(c) The director shall give priority to contracts that have the greatest potential for restoring, enhancing, and protecting high-quality waterfowl habitat, especially that subject to destruction, drastic modification, or significant curtailment of habitat values. The director may give priority to contracts that provide additional environmental cobenefits, including cobenefits to species such as fish or snakes.

(d) (1) Before entering into a contract pursuant to this article, if the land proposed to be subject to the contract is located within five miles of a runway on a military base or international airport, the director shall consult with the applicable branch of the United States military or the operator of the international airport, as applicable.

(2) The department shall develop guidance and protocols regarding consultation conducted pursuant to paragraph (1) that addresses, at a minimum, notification, participation, and a procedure to request the director to reconsider a decision to enter into a contract pursuant to this article.

(e) Contracts entered into pursuant to this article are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or the California Disabled Veteran Business Enterprise Program (Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code).

(f) For purposes of this article, “productive agricultural rice lands that are winter flooded” means a field that has been farmed to rice during each growing season before each of the winter flooding seasons contracted for flooding and is intentionally maintained in a flooded state. When possible, flooding should last for at least 70 days between October 15 and February 1, inclusive, of the following year.

(g) To implement the California Winter Rice Habitat Incentive Program, the department may do both of the following:

(1) Enter into grants or contracts directly with landowners or lessees.

(2) Enter into agreements with public and private entities and California Native American tribes, as defined in Section 21073 of the Public Resources Code, that possess demonstrated experience and understanding of California rice farming practices and wildlife-related conservation practices to help the department implement the program. Pursuant to these agreements, the public and private entities and California Native American tribes may enter into grants or contracts with landowners or lessees to carry out the purposes of the program.

history: (History: Amended by Stats. 2021, Ch. 521, Sec. 2. (AB 614) Effective January 1, 2022.)

path: 4. BIRDS AND MAMMALS > 2. Commercial Activities > 7.5. The California Winter Rice Habitat Incentive Program


text:
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.

history: (History: Amended by Stats. 2019, Ch. 420, Sec. 2. (AB 256) Effective January 1, 2020.)

article: 7.5. The California Winter Rice Habitat Incentive Program


text: 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.

history: (History: Added by Stats. 2018, Ch. 649, Sec. 2. (AB 2348) Effective January 1, 2019.)


text: 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.


citation: FGC § 3470

text: 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.

history: (History: Added by Stats. 2009, Ch. 186, Sec. 1. (SB 481) Effective January 1, 2010.)

path: 4. BIRDS AND MAMMALS > 2. Commercial Activities > 8. Management of Wildlife at Public Use Airports


citation: FGC § 3471

text: 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.

article: 8. Management of Wildlife at Public Use Airports


citation: FGC § 3472

text:
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.


text: 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.


text: 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.


citation: FGC § 3480

text:
(a) (1) The department shall establish the Nesting Bird Habitat Incentive Program, which may include direct payments or other incentives, to encourage landowners to voluntarily cultivate or retain upland cover crops, cereal grains, grasses, forbs, pollinator plants, or a combination thereof to provide waterfowl and other game bird nesting habitat cover, including, but not limited to, for the purposes described in Section 1018 of the Water Code.

(2) The program is established for waterfowl, ring-necked pheasant, and other game bird breeding purposes and shall not be used to provide managed wetland habitat, as defined in paragraph (1) of subdivision (a) of Section 1506, for wintering waterfowl habitat purposes.

(3) For purposes of this section, “landowner” means any entity with authority to manage real property to provide waterfowl, ring-necked pheasant, and other game bird nesting habitat cover.

(b) The department may develop guidelines and criteria for the Nesting Bird Habitat Incentive Program as it deems appropriate, but shall ensure that the guidelines and criteria are flexible enough to meet landowner needs. The program shall do all of the following:

(1) Prohibit a landowner who participates in the program and has committed to leaving the established upland cover crops, cereal grains, grasses, forbs, pollinator plants, or a combination thereof in place after April 1 from engaging in practices, such as discing, spraying of herbicides, mowing, chopping, or rolling any vegetation on those lands until after July 15, or as late as possible each year, to address waterfowl nesting, upland game bird habitat, and other wildlife needs.

(2) Give priority to grants or contracts with landowners that include lands adjacent to, or in close proximity to, waterfowl brood habitat, including, but not limited to, areas flooded during the spring or summer for the cultivation of rice, State Wildlife Areas, National Wildlife Refuges, and private wetlands enrolled in the California Waterfowl Habitat Program (Article 7 (commencing with Section 3460)).

(3) Be consistent with the waterfowl habitat breeding goals and objectives of the Central Valley Joint Venture Implementation Plan, as it may be amended, or the Intermountain West Joint Venture Implementation Plan, as it may be amended.

(4) Give priority to landowners who are willing to enter into grants or contracts for three years or more.

(5) Allow for the rotation of fallowed fields to different areas of a landowner’s property on an annual basis.

(6) Prohibit, in connection with the approval of a transfer, a landowner who participates in the program from diverting or using any water under any basis of right to irrigate land idled in order to provide water for transfer, unless the transfer is approved by the State Water Resources Control Board pursuant to Part 2 (commencing with Section 1200) of Division 2 of the Water Code, or by the Department of Water Resources pursuant to Article 4 (commencing with Section 1810) of Chapter 11 of Part 2 of Division 2 of the Water Code, and the irrigation of the idled land is expressly authorized pursuant to that approval.

(7) Allow for activities undertaken or requested by mosquito control agencies to address mosquito production.

(c) Moneys received for the purposes of this section shall be deposited in the Nesting Bird Habitat Incentive Program Account, created pursuant to Section 3467.5.

(d) The department may utilize the assistance of the California Waterfowl Habitat Program (Article 7 (commencing with Section 3460)) in implementing the Nesting Bird Habitat Incentive Program, including, but not limited to, establishing program priorities, contract requirements, and monitoring and compliance activities. Public and private entities, including nonprofit organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, may also assist in the implementation and delivery of the program to the extent that the department deems appropriate.

(e) To implement the Nesting Bird Habitat Incentive Program, the department may do both of the following:

(1) Enter into grants or contracts directly with landowners.

(2) Enter into grants or contracts with public and private entities, including nonprofit organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, to help the department implement the program. Pursuant to these grants or contracts, the public and private entities, nonprofit organizations, and California Native American tribes may enter into grants or contracts with landowners to carry out the purposes of the program.

(f) The department may consult with the Wildlife Conservation Board, the United States Fish and Wildlife Service, the Natural Resources Conservation Service, California Native American tribes, as defined in Section 21073 of the Public Resources Code, nonprofit waterfowl and upland game bird organizations, and resource conservation districts before implementing this section to determine the optimal ways to increase and enhance waterfowl and upland game bird breeding habitat on idled lands.

(g) This section shall be implemented only if a sufficient amount of game bird stamp funds, federal grants, or other moneys are secured, as determined by the department, for the purposes of this section.

(h) The department may carry out the game bird breeding habitat purposes of the Nesting Bird Habitat Incentive Program on State Wildlife Areas and National Wildlife Refuges when necessary and as the department deems appropriate utilizing moneys in the Nesting Bird Habitat Incentive Program Account, established pursuant to Section 3467.5.

(i) Contracts entered into pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or the California Disabled Veteran Business Enterprise Program (Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code).

(j) The department may use funds from the Nesting Bird Habitat Incentive Program Account for reasonable administrative and monitoring costs associated with the implementation of the Nesting Bird Habitat Incentive Program.

history: (History: Amended by Stats. 2021, Ch. 521, Sec. 3. (AB 614) Effective January 1, 2022.)

path: 4. BIRDS AND MAMMALS > 2. Commercial Activities > 9. Nesting Bird Habitat Incentive Program


citation: FGC § 3500

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 70. (AB 1760) Effective January 1, 2024.)

path: 4. BIRDS AND MAMMALS > 1. General Provisions


citation: FGC § 3501

text: 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.

history: (History: Enacted by Stats. 1957, Ch. 456.)


citation: FGC § 3502

text: 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.


citation: FGC § 3503

text: 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.

history: (History: Amended by Stats. 1971, Ch. 1470.)


text: 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.

history: (History: Added by Stats. 1985, Ch. 1334, Sec. 6.)


citation: FGC § 3504

text: 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.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 70. (AB 1527) Effective January 1, 2016.)


citation: FGC § 3505

text: 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.


citation: FGC § 3508

text: 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.

history: (History: Amended by Stats. 2003, Ch. 62, Sec. 98. Effective January 1, 2004.)


citation: FGC § 3511

text:
(a) (1) Except as provided in this section or Section 2081.7, 2081.13, 2081.15, or 2835, a fully protected bird may not be taken or possessed at any time. No 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 Ridgway’s rail (Rallus obsoletus 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).

history: (History: Amended by Stats. 2025, Ch. 438, Sec. 2. (AB 697) Effective January 1, 2026.)


citation: FGC § 3513

text: It is unlawful to take or possess any migratory bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2025, any additional migratory bird that may be designated in that federal act after that date, or any part of a migratory 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, 2025, or subsequent rules or regulations adopted pursuant to that federal act, unless those rules or regulations are inconsistent with this code.

history: (History: Repealed and added by Stats. 2025, Ch. 365, Sec. 3. (AB 454) Effective October 6, 2025.)


citation: FGC § 3514

text: 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.

history: (History: Added by Stats. 1959, Ch. 398.)


citation: FGC § 3515

text: Exotic nonresident game birds may be released in this State only on prior approval of the commission.


citation: FGC § 3516

text:
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.

history: (History: Amended by Stats. 1963, Ch. 306.)


citation: FGC § 3660

text: 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.

chapter: 2. Particular Varieties

article: 1. Pheasants

path: 4. BIRDS AND MAMMALS > 2. Particular Varieties > 1. Pheasants


citation: FGC § 3680

text:
(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).

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 71. (AB 1760) Effective January 1, 2024.)

article: 2. Other Species

path: 4. BIRDS AND MAMMALS > 2. Particular Varieties > 2. Other Species


citation: FGC § 3681

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 72. (AB 1760) Effective January 1, 2024.)

article: 2. Other Species


text:
(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.

history: (History: Amended by Stats. 2021, Ch. 521, Sec. 4. (AB 614) Effective January 1, 2022.)

article: 2. Other Species


text:
(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.

history: (History: Added by Stats. 2001, Ch. 112, Sec. 23. Effective January 1, 2002.)

article: 2. Other Species


citation: FGC § 3683

text:
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.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 69. Effective January 1, 2008.)

article: 2. Other Species


citation: FGC § 3684

text:
(a) The Upland Game Bird Account is hereby established within the Fish and Game Preservation Fund.

(b) (1) All funds derived from the sale of upland game bird hunting validations and upland game bird stamps shall be deposited in the Upland Game Bird Account, except as provided in paragraph (2), to permit separate accountability for the receipt and expenditure of these funds.

(2) Notwithstanding paragraph (1), ten dollars ($10), as adjusted pursuant to Section 713, for each upland game bird hunting validation sold shall be deposited in the Nesting Bird Habitat Incentive Program Account, created pursuant to Section 3467.5.

(c) Funds deposited in the Upland Game Bird Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purpose of acquiring land, completing projects and implementing programs to benefit upland game bird species, and expanding public hunting opportunities and related public outreach, including, but not limited to, enhancing upland game bird habitat. Any land acquired with funds from the Upland Game Bird Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for upland game bird hunting. The department may also use funds from the Upland Game Bird Account to pay for administrative and enforcement costs of the programs and activities described in this section. The amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with administration of the programs and activities described in this section.

(d) The department may make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with public and private entities, including nonprofit organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, for the use of the funds from the Upland Game Bird Account to carry out the purposes of this section, including related habitat conservation projects.

(e) An advisory committee, as determined by the department, that includes interested nonprofit organizations that have goals and objectives directly related to the management and conservation of game bird species and primarily represent the interests of persons licensed pursuant to Section 3031 shall annually review and provide comments to the department on all projects and other expenditures funded from the Upland Game Bird Account to help ensure that the requirements of this section have been met. The department shall post budget information and a brief description on its internet website for all projects and other expenditures funded from the Upland Game Bird Account.

(f) Upland game bird projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or the California Disabled Veteran Business Enterprise Program (Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code).

(g) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of funds specified in this section.

history: (History: Amended by Stats. 2021, Ch. 521, Sec. 5. (AB 614) Effective January 1, 2022.)

article: 2. Other Species


citation: FGC § 3686

text: 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.

history: (History: Amended by Stats. 2010, Ch. 408, Sec. 6. (SB 1058) Effective January 1, 2011.)

article: 2. Other Species


text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 73. (AB 1760) Effective January 1, 2024.)

article: 3. Migratory Birds

path: 4. BIRDS AND MAMMALS > 2. Particular Varieties > 3. Migratory Birds


text:
(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.

history: (History: Added by Stats. 2001, Ch. 112, Sec. 27. Effective January 1, 2002.)

article: 3. Migratory Birds