text:
(a) The department shall develop and implement a western Joshua tree conservation plan in collaboration with the commission, governmental agencies, California Native American tribes, and the public. The conservation plan shall incorporate a description of management actions necessary to conserve the western Joshua tree and objective, measurable criteria to assess the effectiveness of such actions. The conservation plan shall also include guidance for the avoidance and minimization of impacts to western Joshua trees and protocols for the successful relocation of western Joshua trees. The department shall present a complete draft conservation plan at a public meeting of the commission, for its review and approval, by December 31, 2024. The commission shall take final action on the conservation plan by June 30, 2025. The department and commission shall, if necessary, periodically update the conservation plan to ensure the conservation of the species.

(b) When developing the conservation plan, the department shall consult with California Native American tribes, include co-management principles in the plan, provide for the relocation of western Joshua trees to tribal lands upon a request from a tribe, and ensure traditional ecological knowledge is incorporated into the plan.

(c) The department, pursuant to Section 1927.5, shall use any fees deposited into the fund for the purpose of addressing threats to the western Joshua tree, including, but not limited to, acquiring, conserving, and managing western Joshua tree conservation lands. Acceptable expenditures from the fund may include, but are not limited to, land acquisition or conservation easement costs, monitoring costs, restoration costs, transaction costs, costs of endowments for land management or easement stewardship consistent with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code and Part 7 (commencing with Section 18501) of Division 9 of the Probate Code, and other reasonable expenditures to implement the conservation plan. The department shall prioritize actions and acquiring and managing lands that are identified as appropriate for western Joshua tree conservation in any department-approved conservation plan, including, but not limited to, the conservation plan required by subdivision (a), a regional conservation assessment, a regional conservation investment strategy, or a conceptual area protection plan.

(d) (1) The department may retain one or more consultants to assist in locating, acquiring, conserving, and managing conservation lands and completing other mitigation actions to implement subdivision (c).

(2) Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code, Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, Part 5.5 (commencing with Section 14600) of Division 3 of Title 2 of the Government Code, and Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any action by the department to implement subdivision (c).


kind: section

code: FGC

text:
(a) Beginning in 2025, by January 31 of each calendar year, the department shall submit an annual report to the commission and the Legislature assessing the conservation status of the western Joshua tree, including, but not limited to, by detailing the number of permits issued, the number and size class of western Joshua trees authorized to be taken, the number of western Joshua trees lethally removed, the number and location of western Joshua trees relocated, the number and location of acres of western Joshua tree woodlands developed, the type, scope, and scale of mitigation measures undertaken by permittees, the number and location of acres of western Joshua tree woodlands conserved, the quality of the acres conserved, the amount of fees paid, the amount of all expenditures from the fund, the projects and actions funded by expenditures from the fund, the adequacy of the fees to conserve the western Joshua tree, actions taken pursuant to the conservation plan, and other relevant information. The department’s annual report shall summarize the information provided by counties and cities pursuant to agreements entered into pursuant to subdivision (c) of Section 1927.3 and subdivision (b) of Section 1927.4.

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

history: (History: Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)

division: 2. DEPARTMENT OF FISH AND WILDLIFE

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 11.5. Western Joshua Tree Conservation Act


text:
(a) Beginning in 2026, and at least every two years thereafter, the commission shall review the status of the western Joshua tree and the effectiveness of the conservation plan in conserving the species at a public meeting to be held prior to August 31. Concurrent with each review conducted pursuant to this section, the department shall make recommendations to the commission, as necessary, for amendments to the conservation plan to ensure the conservation of the western Joshua tree.

(b) The department shall annually adjust the fees provided for in Section 1927.3 pursuant to Section 713. By December 31, 2026, and every three years thereafter, the department shall adopt and subsequently amend regulations pursuant to Section 702 adjusting the fees as necessary to ensure the conservation of the species. The department shall utilize total cost accounting when determining the adequacy of the fees for ensuring conservation of the species, including ensuring sufficient funds for land acquisition or conservation easement costs, monitoring costs, restoration costs, transaction costs, and the amount of endowments for land management or easement stewardship costs consistent with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code and Part 7 (commencing with Section 18501) of Division 9 of the Probate Code.

chapter: 11.5. Western Joshua Tree Conservation Act


text: No later than January 1, 2033, the department shall submit to the commission an update to the status review previously submitted pursuant to Section 2074.6 for the western Joshua tree that incorporates any new scientific information relevant to the status of the species and includes an evaluation of the impact of the conservation and management efforts pursuant to this chapter. The commission shall consider the updated status review in making its findings pursuant to subdivision (e) of Section 2075.5.


text: This chapter is not intended to be construed as, or to be, a general project approval. It shall be the responsibility of each project proponent receiving approval from the department under this chapter to obtain all necessary permits and approvals and to comply with all applicable federal, state, and local laws.


text: This chapter does not preclude a county or city from adopting and enforcing ordinances that require as a condition of approving a project more protective measures designed to conserve the western Joshua tree.


text: The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.


citation: FGC § 1930

text:
The Legislature finds and declares that:

(a) Areas containing diverse ecological and geological characteristics are vital to the continual health and well-being of the state’s natural resources and of its citizens.

(b) Many habitats and ecosystems that constitute the state’s natural diversity are in danger of being lost.

(c) Connectivity between wildlife habitats is important to the long-term viability of the state’s biodiversity.

(d) Preserving and connecting high-quality habitat for wildlife can create habitat strongholds.

(e) Increasingly fragmented habitats threaten the state’s wildlife species.

(f) There is an opportunity to provide incentive for private landowners to maintain and perpetuate significant local natural areas in their natural state.

(g) Efforts to preserve natural areas have been fragmented between federal, state, local, and private sectors.

(h) Analysis of the state’s habitat connectivity benefits from the consideration of all relevant data, including information from private and public landowners.

(i) The department’s existing mapping activities and products should be developed and sustained.

(j) The importance of wildlife corridors to assist in adapting to climate change has been recognized by such groups as the Western Governors’ Association, which unanimously approved a policy to protect wildlife migration corridors and crucial wildlife habitat in 2007. Individual local, state, and federal agencies have also adopted policies aimed at protecting wildlife corridors and habitat connectivity, in order to protect ecosystem health and biodiversity and to improve the resiliency of wildlife and their habitats to climate change. However, these efforts could be enhanced through establishment of a statewide policy to protect important wildlife corridors and habitat linkages where feasible and practicable.

history: (History: Amended by Stats. 2015, Ch. 625, Sec. 2. (AB 498) Effective January 1, 2016.)

chapter: 12. Significant Natural Areas

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 12. Significant Natural Areas


text:
For purposes of this chapter, the following terms have the following meanings:

(a) “Habitat stronghold” means high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development.

(b) “Wildlife corridor” means a habitat linkage that joins two or more areas of wildlife habitat, allowing for fish passage or the movement of wildlife from one area to another.

history: (History: Added by Stats. 2023, Ch. 132, Sec. 29. (AB 1760) Effective January 1, 2024.)


text:
(a) Contingent upon funding being provided by the Wildlife Conservation Board from moneys available pursuant to Section 75055 of the Public Resources Code, or from other appropriate bond funds, upon appropriation by the Legislature, the department shall investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change, and shall prioritize vegetative data development in these areas.

(b) It is the intent of the Legislature that the Wildlife Conservation Board use various funds to work with the department to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities.

(c) (1) It is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for the migration and movement of species by providing connectivity between habitat lands. In order to further these goals, it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means, as applicable and to the extent feasible and practicable, those means may include, but are not limited to:

(A) Acquisition or protection of wildlife corridors as open space through conservation easements.

(B) Installing of wildlife-friendly or directional fencing.

(C) Siting of mitigation and conservation banks in areas that provide habitat connectivity for affected fish and wildlife resources.

(D) Provision of roadway undercrossings, overpasses, oversized culverts, or bridges to allow for fish passage and the movement of wildlife between habitat areas.

(2) The fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for a project shall not be grounds for denying a permit or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable laws, including, but not limited to, the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3) and the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(d) The Legislature finds and declares that there are a number of existing efforts, including, but not limited to, efforts involving working landscapes, that are already working to achieve the policy described in subdivision (c).

(e) Subdivision (c) shall not be construed to create new regulatory requirements or modify the requirements of subparagraphs (B) and (E) of paragraph (4) of subdivision (a) of Section 2820, or the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 30. (AB 1760) Effective January 1, 2024.)


citation: FGC § 1931

text: The Legislature further finds and declares that it is the policy of this state to encourage the cooperation of federal, state, local, and private sectors, including private organizations and individuals, in efforts to maintain the state’s most significant natural areas.

history: (History: Added by Stats. 1981, Ch. 776, Sec. 1.)


citation: FGC § 1932

text:
There is hereby established the Significant Natural Areas Program, which shall be administered by the department. The department, in administering this program, shall do all of the following:

(a) Obtain access to the most recent information with respect to natural resources. In order to accomplish this, the department shall maintain, expand, and keep current a data management system, designated the California Natural Diversity Data Base, designed to document information on these resources. That data shall be made available to interested parties on request.

(b) Develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. This data should include information essential for evaluating the needs of wildlife species that require habitat connectivity for their long-term conservation, including distribution and movement patterns.

(c) As appropriate, develop and maintain the database by incorporating mapping products and data developed by other state agencies.

(d) Make all of the data sets, and associated analytical products, available to the public and other government entities.

(e) Ensure cost sharing by all who use the data management system and develop an appropriate schedule of compensation to be paid by individuals using the data management system, not to exceed the actual costs for use of the data management system.

(f) Ensure recognition of the state’s most significant natural areas, including those affected by climate change. The department shall, after consultation with federal, state, and local agencies, education institutions, civic and public interest organizations, private organizations, landowners, and other private individuals, identify by means of periodic reports those natural areas deemed to be most significant.

(g) Seek the maintenance and perpetuation of the state’s most significant natural areas for present and future generations in the most feasible manner. The department shall consider alternative approaches for that maintenance, including alternatives to fee acquisition such as incentives, leasing, and dedication.

(h) Reduce unnecessary duplication of effort. The department shall provide coordinating services to federal, state, local, and private interests wishing to aid in the maintenance and perpetuation of significant natural areas.

(i) Actively pursue grants and cost-sharing opportunities with local, state, or federal agencies, or private entities that use the data sets and benefit from their creation and maintenance.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 31. (AB 1760) Effective January 1, 2024.)


text:
(a) In carrying out its responsibilities pursuant to this chapter, the department shall solicit and utilize all relevant results of existing studies and information from local government, state, and federal agencies, academic institutions, nonprofit organizations, certified environmental documents, private and public landowners, and agricultural and rangeland information developed by the Department of Conservation and agriculture associations.

(b) The department shall seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages. Private and public landowners shall be given a reasonable opportunity to review and comment on the wildlife characteristics of their land if it is identified pursuant to this chapter. The department shall utilize all relevant information when developing data sets and associated analytical products pursuant to this chapter.

(c) This chapter does not require, mandate, or authorize, under state or federal law, any state or local planning, zoning, or other land use action or decision.

(d) This chapter does not alter any legal rights and privileges, under state or federal law, of ownership or use of privately or publicly owned property.

(e) The Legislature finds and declares that the data sets and associated analytical products required pursuant to this chapter are for inventory and planning purposes and may not be suitable to support regulatory actions without additional specificity or information.

history: (History: Added by Stats. 2008, Ch. 333, Sec. 4. Effective January 1, 2009.)


citation: FGC § 1933

text: No authority or responsibility provided for in this chapter shall, of itself, change or prevent the change of the use of any area identified pursuant to the Significant Natural Areas Program.


citation: FGC § 1940

text:
(a) The department shall undertake the development of a vegetation mapping standard for the state.

(b) The development of a state vegetation mapping standard by the department shall be done in consultation with interested stakeholders, including, but not limited to, government agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry. Components of the standard shall include the following:

(1) A published classification system for all natural and seminatural vegetation communities present in California with sufficient detail to meet the analytical needs of government and nongovernment entities. The classification shall be consistent with national standards adopted by the Federal Geographic Data Committee.

(2) Methods for field data collection, image interpretation, and digital map production and attribution.

(3) Manuals, training materials, tools, and database structures for use by parties interested in performing vegetation mapping according to the standard.

(4) Documented methods for performing postproject accuracy assessments to quantify the validity of the work. Private and public landowners shall be given reasonable opportunity to review, and comment on the accuracy of, the data collected on their lands.

(5) Mechanisms for integrating new map products that meet the standard into a cohesive database with the intent of eventually completing statewide coverage.

(c) The department shall submit a report to the budget committee of each house of the Legislature no later than January 10, 2008, providing its mapping standard and advising how the department will ensure that its standard will be updated to reflect changing technology and serve as the state’s center of expertise on vegetation mapping.

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

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 40. (AB 1527) Effective January 1, 2016.)


citation: FGC § 1950

text:
(a) For purposes of this chapter, “nonvehicular wildlife crossing” means a structure that allows animals to cross human-made barriers safely and includes, but is not limited to, underpasses, tunnels, viaducts, overpasses, amphibian tunnels, fish ladders, and culverts. Nonvehicular wildlife crossings are primarily habitat conservation and biodiversity projects, but also assist in avoiding collisions between vehicles and animals.

(b) The Wildlife Conservation Board may name a nonvehicular wildlife crossing if at least 25 percent of the funding to construct the crossing derives from a state source.

(c) The Wildlife Conservation Board shall consult with the Department of Transportation or other appropriate entities on the design of lettering and placement of any sign that displays the name of a nonvehicular wildlife crossing.

(d) The Wildlife Conservation Board may adopt criteria for the implementation of this section.

history: (History: Added by Stats. 2021, Ch. 81, Sec. 1. (AB 149) Effective July 16, 2021.)

chapter: 13. Nonvehicular Wildlife Crossings

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 13. Nonvehicular Wildlife Crossings


citation: FGC § 1955

text:
The Legislature finds and declares all of the following:

(a) California’s climate is changing. Rising temperatures, increases in the frequency and severity of extreme events like drought and wildfire, changing ocean conditions, and shifts in precipitation patterns all pose threats to California’s wildlife. These changes are shifting the habitat ranges of many California species, requiring these species to migrate to different latitudes or altitudes to locate suitable habitat necessary to survive.

(b) Land use is also changing as the state’s population continues to grow. Habitat conversion and fragmentation forces many California species to migrate in search of replacement habitat, and it also risks continued survival of species by compromising genetic diversity, among other things.

(c) California wildlife is losing the ability to move and migrate as habitat conversion and built infrastructure disrupt species habitat and cut off migration corridors.

(d) Habitat connectivity and wildlife migratory corridors are essential to the continued survival of many California species. Their importance will only grow as California wildlife increasingly migrates in response to climate change and resulting shifts in habitat suitability.

(e) Habitat connectivity is also necessary to reduce wildlife-vehicle collisions, which put people and wildlife at risk of injury or death.

(f) The department has several existing programs that can be used to promote habitat connectivity. It is the intent of the Legislature to expand, or clarify, two of these programs, Chapter 7.9 (commencing with Section 1797) and Chapter 9 (commencing with Section 1850), to facilitate creation and issuance of mitigation credits for actions that improve wildlife connectivity.

history: (History: Added by Stats. 2021, Ch. 738, Sec. 1. (SB 790) Effective January 1, 2022.)

chapter: 13.5. Wildlife Connectivity Actions

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 13.5. Wildlife Connectivity Actions


citation: FGC § 1956

text:
For purposes of this chapter, the following terms apply:

(a) “Compensatory mitigation credit” means a credit that may be used to fulfill, in whole or in part, mitigation requirements under applicable federal, state, or local law.

(b) “Long-term durability” means doing both of the following:

(1) Providing a plan, approved in writing by the department, that ensures the long-term success, maintenance, repair, and upkeep of a wildlife connectivity action. If the wildlife connectivity action is used to create one or more mitigation credits pursuant to this chapter, the plan shall ensure the wildlife connectivity action remains in effect until, at minimum, the site of the environmental impacts is returned to preimpact ecological conditions.

(2) (A) Providing secure, long-term funding for implementation of the plan developed pursuant to paragraph (1) in a form approved in advance in writing by the department.

(B) For purposes of this section, transportation funding identified in the State Highway System Management Plan provides secure, long-term funding for a structure, but not the habitat thereon, on the state highway system.

(c) “Permanently protect” or “permanent protection” means doing both of the following:

(1) Recording a conservation easement, in a form approved in advance in writing by the department, or establishing perpetual protection of land in a manner consistent with draft or approved natural community conservation plans within the area of the applicable wildlife connectivity action and approved in writing by the department, that prevents development, prohibits inconsistent uses, and ensures habitat for focal species is maintained.

(2) Providing secure, perpetual funding for management of the land, monitoring, and legal enforcement, in a form approved in advance in writing by the department.

(d) “Wildlife connectivity action” means an action that measurably improves aquatic or terrestrial habitat connectivity, or wildlife migration, recolonization, and breeding opportunities inhibited by built infrastructure or habitat fragmentation. A wildlife connectivity action may include, but is not limited to, a road overpass or underpass solely for use by wildlife.


citation: FGC § 1957

text:
(a) The department may approve compensatory mitigation credits for wildlife connectivity actions taken under either of the following programs:

(1) Chapter 7.9 (commencing with Section 1797).

(2) Chapter 9 (commencing with Section 1850).

(b) (1) A wildlife connectivity action shall, if feasible, permanently protect all real property comprising the wildlife connectivity action or where the wildlife connectivity action is sited in order to receive compensatory mitigation credits pursuant to this chapter. The department may determine, on a case-by-case-basis, that permanent protection of all, or part of, the real property is infeasible. If the department determines that permanent protection of the real property is infeasible, in whole or in part, the department may still provide compensatory mitigation credits, including, but not limited to, compensatory mitigation credits for permanent impacts, for the wildlife connectivity action if the wildlife connectivity action meets both of the following conditions:

(A) Provides permanent protection of the real property where, and to the extent, feasible.

(B) Where, and to the extent, permanent protection is infeasible, the wildlife connectivity action has long-term durability.

(2) (A) In determining whether permanent protection is infeasible under this chapter, the department shall consider federal, state, and local legal restrictions, particularly those limiting the use of real property, that prevent, or significantly inhibit, placing a conservation easement on real property comprising the wildlife connectivity action or where the wildlife connectivity action is sited.

(B) Notwithstanding subparagraph (A), the department shall determine it is infeasible to permanently protect any portion of a wildlife connectivity action in the right-of-way of an existing state highway or other existing public road.

(c) In determining the value of compensatory mitigation credits for wildlife connectivity actions, the department may consider all of the following:

(1) The measurable improvement to habitat connectivity and wildlife migration, including, but not limited to, improving the ability of wildlife to safely cross or bypass built infrastructure, such as roads, that inhibit such connectivity or migration.

(2) The value of the habitat connected by the wildlife connectivity action.

(3) Benefits to affected species, including, but not limited to, improved genetic diversity and breeding opportunities, removed migration barriers, and improved access to additional latitudes and altitudes of potentially suitable habitat to adapt to climate change.

(4) Improved connectivity in critical terrestrial habitat linkages, including, but not limited to, the Santa Monica Mountains and Rim of the Valley Corridor, Santa Ana Mountains, San Gabriel Mountains, San Bernardino Mountains, Santa Cruz Mountains, and the Gabilan Mountain Range.

(5) The use or value of the particular location in improving connectivity and migration, including, but not limited to, topography, watercourse presence, vegetative cover, mortality data, or other factors that increase the likelihood of use, or value of, a particular location for connectivity or migration.

(6) Any other factor the department, in its discretion, deems relevant.

(d) When evaluating a proposed wildlife connectivity action under this chapter, the department may consult with the Department of Transportation, the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the United States Army Corps of Engineers. If a proposed wildlife connectivity action, or portion thereof, will be located on the right-of-way of an existing state highway, the department shall consult with the Department of Transportation in the course of its evaluation process.

(e) A compensatory mitigation credit created in accordance with this chapter may be used to fulfill, in whole or in part, compensatory mitigation requirements established under any state or federal environmental law, as determined by the applicable local, state, or federal regulatory agency, including, but not limited to, the following:

(1) To compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.

(2) To reduce adverse impacts to fish or wildlife resources, or both, from activities authorized pursuant to Chapter 6 (commencing with Section 1600).

(3) To mitigate significant effects on the environment pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations).


citation: FGC § 1958

text: The department may adopt guidelines and criteria to aid in the implementation of this chapter. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development, adoption, or amendment of guidelines or criteria pursuant to this section. These guidelines shall be posted on the department’s internet website.


citation: FGC § 2000

text:
(a) It is unlawful to take a bird, mammal, fish, reptile, or amphibian except as provided in this code or in a regulation adopted pursuant to this code.

(b) Possession of a bird, mammal, fish, reptile, amphibian, or part of any of those animals, in or on the fields, forests, or waters of this state, or while returning therefrom with fishing or hunting equipment, is prima facie evidence the possessor took the bird, mammal, fish, reptile, or amphibian, or part of that animal.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 41. (AB 1527) Effective January 1, 2016.)

division: 3. FISH AND GAME GENERALLY

chapter: 1. Taking and Possessing in General

path: 3. FISH AND GAME GENERALLY > 1. Taking and Possessing in General


text:
(a) As used in this chapter, “roadway” has the same meaning as defined in Section 530 of the Vehicle Code.

(b) As used in this chapter, “vehicle” has the same meaning as defined in Section 670 of the Vehicle Code.

history: (History: Added by Stats. 2019, Ch. 869, Sec. 4. (SB 395) Effective January 1, 2020.)


text:
(a) Notwithstanding Section 219, 2000, or any other law, and notwithstanding any requirement for a permit or license or other entitlement to take a species, the accidental taking of a bird, mammal, reptile, or amphibian by collision with a vehicle while that vehicle is being operated on a roadway is not a violation of this code or a regulation adopted pursuant to this code. Nothing in this section authorizes a person to possess any bird, mammal, reptile, or amphibian accidentally taken by collision with a vehicle as provided in this subdivision. Animals accidentally taken on a roadway may be removed by the state or local agency having jurisdiction over the roadway.

(b) This section does not apply to Chapter 1.5 (commencing with Section 2050).

history: (History: Amended by Stats. 2019, Ch. 869, Sec. 5. (SB 395) Effective January 1, 2020.)


text:
(a) (1) Consistent with Section 91.8 of the Streets and Highways Code, the commission may establish a pilot program for the issuance of wildlife salvage permits through a user-friendly and cell-phone-friendly web-based portal to persons desiring to recover, possess, use, or transport, for purposes of salvaging wild game meat for human consumption of, any deer, elk, pronghorn antelope, or wild pig that has been accidentally killed as a result of a vehicle collision on a roadway within California. This permitting process shall be available at no cost to the public.

(2) In developing the pilot program, the commission shall consult with the department, the Department of Transportation, the Department of the California Highway Patrol, the Office of Environmental Health Hazard Assessment, other relevant public entities, and stakeholders to ensure public health and safety and to ensure the pilot program does not facilitate poaching.

(3) The commission shall prescribe the requirements for applying for and receiving a wildlife salvage permit and set the terms and conditions it deems necessary for the safe recovery, possession, use, and transportation of deer, elk, pronghorn antelope, or wild pig pursuant to a wildlife salvage permit.

(4) The commission shall require a person seeking to obtain a wildlife salvage permit to report through the web-based portal described in paragraph (1), at a minimum, the location, type, and description of the animal salvaged, the date and time of salvage, the basic characteristics of the incident and a description of the vehicle involved, where applicable, and the destination where the carcass will be transported.

(5) The commission may limit the implementation of the pilot program only to certain counties or regions of the state.

(6) The commission may restrict the roadways where wildlife salvage may be conducted and the species subject to salvage, and may regulate any other aspect of the pilot program necessary to ensure the pilot program’s success, to minimize risks to public safety, and to prevent poaching.

(7) A person desiring to salvage the carcass of an animal pursuant to this section shall do so in a manner consistent with Section 21718 of the Vehicle Code.

(8) The commission shall consider and recommend to the department public education and outreach for the wildlife salvage pilot program beyond traditional hunting populations to the general public.

(b) Notwithstanding Section 2000.5, if a person unintentionally strikes and kills a deer, elk, pronghorn antelope, or wild pig on a roadway in California with a vehicle, that person may recover, possess, use, or transport the whole animal and salvage the edible portions of the animal pursuant to a wildlife salvage permit.

(c) Subdivision (b) shall also apply to an individual who encounters an unintentionally killed deer, elk, pronghorn antelope, or wild pig that has been struck with a vehicle.

(d) This section does not authorize an individual to kill an injured or wounded animal for the purpose of salvage. An animal that is severely injured in an accidental vehicle collision may only be salvaged pursuant to this section if it is subsequently killed by the department pursuant to Section 1001 or a law enforcement officer authorized by the department to kill injured wildlife.

(e) (1) Upon appropriation by the Legislature, the commission may establish the wildlife salvage pilot program no later than January 1, 2022.

(2) Upon appropriation by the Legislature, the department shall implement the pilot program no later than six months after the commission establishes the pilot program.

(3) (A) To the extent feasible, the department shall develop and make available to the public the web-based portal described in subdivision (a) for the wildlife salvage pilot program to facilitate participation in the pilot program.

(B) To the extent practicable, the web-based portal shall work with the existing harvest reporting system in use by the department, including identification of the person salvaging the animal.

(C) The department shall work to include data collected from the wildlife salvage pilot program in any other wildlife-vehicle collision data collection efforts, including data collection efforts conducted pursuant to Section 1023.

(f) This section does not authorize the take of wildlife species listed pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)) and Section 670.1 of Title 14 of the California Code of Regulations, or other nongame wildlife, fully protected species, migratory birds, including, but not limited to, waterfowl, and other wildlife species not lawfully hunted.

(g) The state is not liable for any harm, injury, loss, or damage arising out of the recovery, possession, use, transport, or consumption of any wild game animal legally salvaged pursuant to this section.

(h) Beginning on the first March 1 after the department implements the pilot program, and each March 1 thereafter, the department shall make available on its internet website data that includes the number of wildlife salvage permits issued, locations of impacts, and species of wildlife.

(i) Subdivisions (b) to (d), inclusive, shall become operative when the department implements the pilot program.

(j) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

history: (History: Added by Stats. 2019, Ch. 869, Sec. 6. (SB 395) Effective January 1, 2020. Repealed as of January 1, 2029, by its own provisions.)


citation: FGC § 2001

text:
(a) It is unlawful to take a mammal, bird, fish, reptile, or amphibian outside of an established season or to exceed a bag limit or possession limit established in this code or by a regulation adopted by the commission. Violation of an established season, bag limit, or possession limit may be charged as a violation of this section or of the specific code section or regulation that establishes the season or limit.

(b) Unless otherwise provided, it is unlawful to possess a fish, reptile, or amphibian, except during the open season where the fish, reptile, or amphibian was taken or during the 10-day period immediately following that open season. A possession limit applicable during the open season applies during that 10-day period.

(c) Except as provided in Section 3080, it is unlawful to possess a game bird or mammal except during the open season where taken.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 42. (AB 1527) Effective January 1, 2016.)


citation: FGC § 2002

text: It is unlawful to possess a bird, mammal, fish, reptile, amphibian, or part of any of those animals, taken in violation of this code or a regulation adopted pursuant to this code.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 43. (AB 1527) Effective January 1, 2016.)


citation: FGC § 2003

text:
(a) Except as specified in subdivisions (b), (c), (d), and (e), it is unlawful to offer a prize or other inducement as a reward for the taking of a game bird, or the taking of any mammal, fish, reptile, or amphibian in an individual contest, tournament, or derby.

(b) The department may issue a permit to a person authorizing that person to offer a prize or other inducement as a reward for the taking of a game fish, as defined by the commission by regulation, if it finds that there would be no detriment to the resource. The permit is subject to regulations adopted by the commission. The application for the permit shall be accompanied by a fee in the amount determined by the department as necessary to cover the reasonable administrative costs incurred by the department in issuing the permit. However, the department may waive the permit fee if the contest, tournament, or derby is for persons who are under 16 years of age or have a physical or mental disability, and the primary purpose of the contest, tournament, or derby is to introduce those anglers to or educate them about fishing. All permits for which the fee is waived pursuant to this subdivision shall comply with all other requirements set forth in this section.

(c) This section does not apply to a person conducting what is generally known as a frog-jumping contest, or, in waters of the Pacific Ocean, what is generally known as a fish contest.

(d) This section does not apply to a person conducting an individual contest, tournament, or derby for the taking of a game bird or game mammal, if the total value of all prizes or other inducements is less than five hundred dollars ($500) for the individual contest, tournament, or derby.

(e) (1) As used in this subdivision:

(A) “Event” means a competition event on lands managed by the department.

(B) “Prize compensation” includes prize or purse money, other prizes, goods, or other compensation.

(2) The department, for any event that awards prize compensation to competitors in gendered categories, shall require as a condition of a permit pursuant to this section that, for any participant level that receives prize compensation, the prize compensation for each gendered category be identical at each participant level. The department shall not approve a permit for an event that does not comply with this condition.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 32. (AB 1760) Effective January 1, 2024.)


text:
(a) The Legislature finds and declares that the fish of this state are a vital, renewable resource which provides recreation, outdoor experiences, and food for many of this state’s citizens. Therefore, it is in the state’s best interests to promote volunteer private rehabilitation and improvement of fisheries, fish habitat, and resources.

(b) The Legislature declares it is the policy of this state to encourage cooperation by local, regional, state, and federal governmental agencies with jurisdiction over inland waters with private groups and associations in order to do fish habitat and restoration work. This policy shall be pursued through the implementation of a program known as the “Adopt a Lake Program.”

history: (History: Added by Stats. 1988, Ch. 850, Sec. 1.)


text: The department may implement the “Adopt a Lake Program” to facilitate private groups’ and associations’ undertaking volunteer efforts to rehabilitate and improve fisheries, fish habitat, and resources. In implementing this program, the department shall prepare and periodically update a plan for the volunteer efforts to be undertaken. The plan shall be prepared cooperatively by the department, the private group or association, and the public agency with jurisdiction over the inland water to be affected by the plan. The plan shall be consistent with the management plan and management objectives of the department and the public agency with jurisdiction over the inland water.

history: (History: Added by Stats. 1988, Ch. 850, Sec. 2.)


citation: FGC § 2004

text: It is unlawful for any person, while taking any bird, mammal, fish, reptile, or amphibian, to cause damage, or assist in causing damage, to real or personal property, or to leave gates or bars open, or to break down, destroy, or damage fences, or to tear down or scatter piles of rails, posts, stone, or wood, or, through carelessness or negligence, to injure livestock of any kind.

history: (History: Amended by Stats. 1974, Ch. 605.)


citation: FGC § 2005

text:
(a) Except as otherwise authorized by this section, it is unlawful to use an artificial light to assist in the taking of a game bird, game mammal, or game fish.

(b) It is unlawful for one or more persons to throw or cast the rays of a spotlight, headlight, or other artificial light on a highway or in a field, woodland, or forest where game mammals, fur-bearing mammals, or nongame mammals are commonly found, or upon a game mammal, fur-bearing mammal, or nongame mammal, while having in his or her possession or under his or her control a firearm or weapon with which that mammal could be killed, even though the mammal is not killed, injured, shot at, or otherwise pursued.

(c) It is unlawful to use or possess night vision equipment to assist in the taking of a bird, mammal, amphibian, reptile, or fish. For purposes of this subdivision, “night vision equipment” includes, but is not limited to, the following:

(1) An infrared or similar light, used in connection with an electronic viewing device.

(2) An optical device, including, but not limited to, binoculars or a scope, that uses electrical or battery powered light amplifying circuits.

(d) This section does not apply to any of the following:

(1) Sport fishing in ocean waters, or other waters where night fishing is permitted, if an artificial light is not used on or as part of the fishing tackle.

(2) Commercial fishing.

(3) The taking of mammals governed by Article 2 (commencing with Section 4180) of Chapter 3 of Part 3 of Division 4.

(4) The use of a hand-held flashlight that is no larger and emits no more light than a two-cell, three-volt flashlight, and is not affixed to a weapon.

(5) The use of a lamp or lantern that does not cast a directional beam of light.

(6) Headlights of a motor vehicle that are operated in a usual manner and without attempt or intent to locate a game mammal, fur-bearing mammal, or nongame mammal.

(7) An owner of land devoted to the agricultural industry, or the owner’s employee, while on that land.

(8) An owner of land devoted to the agricultural industry, or the owner’s employee, while on land controlled by the owner in connection with the agricultural industry.

(9) Other uses as the commission may authorize by regulation.

(e) A person shall not be arrested for violation of this section except by a peace officer.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 45. (AB 1527) Effective January 1, 2016.)


citation: FGC § 2006

text:
(a) It is unlawful to possess a loaded rifle or shotgun in any vehicle or conveyance or its attachments which is standing on or along or is being driven on or along any public highway or other way open to the public.

(b) A rifle or shotgun shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.

(c) The provisions of this section shall not apply to peace officers or members of the Armed Forces of this state or the United States, while on duty or going to or returning from duty.

history: (History: Amended by Stats. 2010, Ch. 178, Sec. 28. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)


citation: FGC § 2007

text:
(a) It is unlawful to set, place, or cause to be set or placed, any trap gun.

(b) A “trap gun” is a firearm loaded with other than blank cartridges and connected with a string or other contrivance contact with which will cause the firearm to be discharged.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 33. (AB 1760) Effective January 1, 2024.)


citation: FGC § 2009

text:
(a) A person shall not willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping at the location where that activity is taking place.

(b) A violation of this section is punishable pursuant to subdivision (b) of Section 12000.

(c) Any person convicted for a violation of this section that occurred within two years of a prior violation of this section which resulted in a conviction is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period of not more than one year, by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or by both imprisonment and fine.

(d) This section does not apply to the actions of any peace officer or personnel of the department in the performance of their official duties. This section does not obstruct the rights and normal activities of landowners or tenants, including, but not limited to, farming, ranching, and limiting unlawful trespass.

(e) In order to be liable for a violation of this section, the person is required to have had the specific intent to interfere with the participation of an individual who was engaged in lawful shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping.

(f) For purposes of this section, “interfere with” means any action which physically impedes, hinders, or obstructs the lawful pursuit of any of the above-mentioned activities, including, but not limited to, all of the following:

(1) Actions taken for the purpose of frightening away animals from the location where the lawful activity is taking place.

(2) Placing or maintaining signs, gates, locks, or barricades that prohibit or deny access to lands without authorization from the landowner or lessee or an authorized designee of the landowner or lessee.

(3) Placing food on lands not belonging to the person placing the food for purposes of eliminating the lawful ability to hunt due to the presence of bait, as defined in this code or regulations adopted pursuant to this code.

history: (History: Amended by Stats. 2009, Ch. 394, Sec. 5. (AB 1423) Effective January 1, 2010.)


citation: FGC § 2010

text:
(a) It is unlawful to use or possess a shotgun larger than 10-gauge, or to use or possess a shotgun capable of holding more than six cartridges at one time, to take a mammal or bird.

(b) A shotgun that has been modified with the insertion of a plug is deemed, for the purpose of this section, to have a cartridge capacity equal to the number of cartridges that can be loaded into the weapon as modified.

(c) After a public hearing, the commission may adopt regulations relative to the ammunition capacity of shotguns for taking mammals or birds that are more restrictive than the limits provided in subdivision (a), or that it determines may be needed to conform to federal law.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 46. (AB 1527) Effective January 1, 2016.)


citation: FGC § 2011

text:
(a) It is unlawful for any person to take, mutilate, or destroy any bird or mammal lawfully in the possession of another.

(b) For the purpose of this section, a bird or mammal shall be deemed in possession when it is actually reduced to physical possession or when it is wounded or otherwise maimed and the person who wounded or otherwise maimed it is in hot pursuit.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 25. Effective January 1, 2008.)


text:
(a) It is unlawful for a person to remove from a hunting dog any collar, including an electronic or radio transmitting device, without possessing written permission from the dog’s owner allowing the removal of the collar.

(b) As used in this section, “hunting dog” means a dog in the field actively engaged in the taking of mammals or birds, or a dog actively being trained for the taking of mammals or birds, that is located in an area where mammals or birds can be taken, at that time and place, in accordance with existing law.

(c) This section does not apply to a law enforcement officer or an animal control officer in the performance of his or her duty, or to a person who is assisting an injured dog.

history: (History: Added by Stats. 2009, Ch. 294, Sec. 9. (AB 1442) Effective January 1, 2010.)


citation: FGC § 2012

text: All licenses, tags, and the birds, mammals, fish, reptiles, or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed to be, and capable of being, used to take birds, mammals, fish, reptiles, or amphibians shall be exhibited upon demand to any person authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles, or amphibians.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 26. Effective January 1, 2008.)


citation: FGC § 2013

text: Unless otherwise provided, the provisions of this code relating to the possession of birds, mammals, fish, reptiles, or amphibians apply to birds, mammals, fish, reptiles, or amphibians taken either in or outside of this state.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 47. (AB 1527) Effective January 1, 2016.)


citation: FGC § 2014

text:
(a) It is the policy of this state to conserve its natural resources and to prevent the willful or negligent destruction of birds, mammals, fish, reptiles, or amphibia.

(b) The state may recover damages in a civil action against any person or local agency which unlawfully or negligently takes or destroys any bird, mammal, fish, reptile, or amphibian protected by the laws of this state.

(c) The measure of damages is the amount that will compensate for all the detriment proximately caused by the taking or destruction of the birds, mammals, fish, reptiles, or amphibia.

(d) An action to recover damages under this section shall be brought in the name of the people of the state, in a court of competent jurisdiction in the county in which the cause of action arose. The State Water Resources Control Board shall be notified of, and may join in, any action brought under this section when the activities alleged to have caused the destruction of any bird, mammal, fish, reptile, or amphibian may involve either the unlawful discharge of pollutants into the waters of the state or other violation of Division 7 (commencing with Section 13000) of the Water Code.

(e) This section does not apply to any of the following:

(1) Persons or local agencies engaged in agricultural pest control.

(2) The destruction of fish in irrigation canals or works, or irrigation drainages.

(3) The lawful destruction of a bird or mammal killed while damaging crops.

(f) No damages may be recovered against a local agency pursuant to this section if civil or administrative penalties are assessed against the local agency for the same detriment pursuant to Division 7 (commencing with Section 13000) of the Water Code.

(g) Any recovery or settlement of money damages, including, but not limited to, civil penalties, arising out of any civil action filed and maintained by the Attorney General in the enforcement of this section shall be deposited by the department in the subaccounts of the Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund as specified in Section 13011.

(h) For purposes of this section, “local agency” includes any city, county, city and county, district, public authority, or other political subdivision.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 34. (AB 1760) Effective January 1, 2024.)


citation: FGC § 2015

text:
(a) Except as otherwise provided in this section, it is unlawful to possess a bird, mammal, fish, amphibian, or reptile, that may not be legally sold, in a restaurant or other eating establishment.

(b) This section does not apply to any of the following:

(1) A person who lawfully took or otherwise legally possessed the bird, mammal, fish, amphibian, or reptile.

(2) A person preparing the bird, mammal, fish, amphibian, or reptile for consumption by the person who lawfully took or possessed it, or by that person and others, if the person who took or possessed it is present on the premises.

(3) A bird, mammal, fish, amphibian, or reptile tagged with a signed statement of the person who took the bird, mammal, fish, amphibian, or reptile stating that person’s name and address, the date taken, and the total number and kind taken.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 48. (AB 1527) Effective January 1, 2016.)


citation: FGC § 2016

text:
(a) It is unlawful to enter land for the purpose of discharging a firearm or taking or destroying a mammal or bird, including waterfowl, on that land, without having first obtained written permission from the owner, the owner’s agent, or the person in lawful possession of that land, if either of the following is true:

(1) The land belongs to, or is occupied by, another person and is either under cultivation or enclosed by a fence.

(2) There are signs of any size and wording forbidding trespass or hunting or both displayed along all exterior boundaries of the land, at intervals not less than three to the mile, and at all roads and trails entering the land, including land temporarily inundated by non-navigable waters flowing outside the established banks of a river, stream, slough, or other waterway, which fairly advise a person about to enter the land that the use of the land is so restricted.

(b) Nothing in this section restricts the right of the public to use navigable waters for hunting, fishing, or other public purpose as guaranteed under Section IV of Article X of the California Constitution.

history: (History: Amended by Stats. 2024, Ch. 186, Sec. 1. (SB 1226) Effective January 1, 2025.)


citation: FGC § 2017

text:
(a) Unless otherwise authorized under state law, it is unlawful for a person in this state to import, cause to be imported, export, cause to be exported, transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law or statute of any state or of any law, treaty, or statute of the United States with regard to fish, wildlife, or plants in effect on January 19, 2025.

(b) Nothing in this section shall prohibit a person from transporting, selling, receiving, acquiring, or purchasing any cannabis or hemp as allowed under state law.

(c) Notwithstanding Section 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after the commission of the offense.

(d) For a violation of this section or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed:

(1) For a first conviction, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than forty thousand dollars ($40,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

(2) For a second or subsequent conviction, the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

(e) Upon conviction or other entry of judgment for a violation of this section, any seized evidence shall be forfeited and, upon forfeiture, either maintained by the department, donated by the department to a bona fide educational or scientific institution, or destroyed.

(f) (1) This section shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed.

(2) Notwithstanding paragraph (1), an action brought to enforce this section on or before December 31, 2031, may proceed to final judgment.

history: (History: Added by Stats. 2025, Ch. 638, Sec. 1. (AB 1319) Effective January 1, 2026. Inoperative December 31, 2031, by its own provisions. Repealed as of January 1, 2032, by its own provisions.)


citation: FGC § 2018

text:
It is unlawful to post any sign indicating an area is a state or federal refuge unless it is established by state or federal law, or to post any sign prohibiting trespass or hunting on any land unless authorized by the owner or the person in lawful possession of such lands.

It is unlawful for any person to maliciously tear down, mutilate, or destroy any sign, signboard or other notice forbidding hunting or trespass on land.

history: (History: Added by Stats. 1967, Ch. 1187.)


citation: FGC § 2019

text: It is unlawful for any person, including state, federal, county, and city officials or their agents, to authorize, offer or pay a bounty for any bird or mammal. This section does not apply to any person with respect to the taking of any bird or mammal on the private property of such person.

history: (History: Added by Stats. 1974, Ch. 25.)


citation: FGC § 2020

text: It is unlawful to violate any provision of Division 1 (commencing with Section 1.04) of Title 14 of the California Code of Regulations. Violation of such a provision may be charged as a violation of this section or of the specific section of Title 14 provision, and shall be punishable as provided in Section 12000.

history: (History: Added by Stats. 2009, Ch. 294, Sec. 10. (AB 1442) Effective January 1, 2010.)


citation: FGC § 2021

text:
(a) As used in this section “shark fin” means the raw, dried, or otherwise processed detached fin, or the raw, dried, or otherwise processed detached tail, of an elasmobranch.

(b) Except as otherwise provided in subdivisions (c) and (d), it shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin.

(c) Any person who holds a license or permit pursuant to Section 1002 may possess a shark fin or fins consistent with that license or permit.

(d) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess a shark fin or fins consistent with that license or permit.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 35. (AB 1760) Effective January 1, 2024.)


text:
(a) Notwithstanding Section 2021, all of the following provisions apply:

(1) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess, including for purposes of consumption or taxidermy, or may donate to a person licensed or permitted pursuant to Section 1002, a shark fin or fins consistent with that license or permit.

(2) Nothing in Section 2021 prohibits the sale or possession of a shark carcass, skin, or fin for taxidermy purposes pursuant to Section 3087.

(b) (1) The Ocean Protection Council shall submit an annual report to the Legislature that lists any shark species that have been independently certified to meet internationally accepted standards for sustainable seafood, as defined in Section 35550 of the Public Resources Code, and adopted by the Ocean Protection Council pursuant to Section 35617 of the Public Resources Code, including chain of custody standards.

(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 36. (AB 1760) Effective January 1, 2024.)


citation: FGC § 2022

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

(1) “Bona fide educational or scientific institution” means an institution that establishes through documentation either of the following:

(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institution’s national, state, or local tax authority.

(B) Accreditation as an educational or scientific institution, from a qualified national, regional, state, or local authority for the institution’s location.

(2) “Ivory” means a tooth or tusk from a species of elephant, hippopotamus, mammoth, mastodon, walrus, warthog, whale, or narwhal, or a piece thereof, whether raw ivory or worked ivory, and includes a product containing, or advertised as containing, ivory.

(3) “Rhinoceros horn” means the horn, or a piece thereof, or a derivative such as powder, of a species of rhinoceros, and includes a product containing, or advertised as containing, a rhinoceros horn.

(4) “Sale” or “sell” means selling, trading, bartering for monetary or nonmonetary consideration, giving away in conjunction with a commercial transaction, or giving away at a location where a commercial transaction occurred at least once during the same or the previous calendar year.

(5) “Total value” means either the fair market value or the actual price paid for ivory or rhinoceros horn, whichever is greater.

(b) Except as provided in subdivision (c), it is unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn.

(c) The prohibitions set forth in subdivision (b) do not apply to any of the following:

(1) An employee or agent of the federal or state government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.

(2) An activity that is authorized by an exemption or permit under federal law or that is otherwise expressly authorized under federal law.

(3) Ivory or rhinoceros horn that is part of a musical instrument, including, but not limited to, a string or wind instrument or piano, and that is less than 20 percent by volume of the instrument, if the owner or seller provides historical documentation demonstrating provenance and showing the item was manufactured no later than 1975.

(4) Ivory or rhinoceros horn that is part of a bona fide antique and that is less than five percent by volume of the antique, if the antique status is established by the owner or seller of the antique with historical documentation demonstrating provenance and showing the antique to be not less than 100 years old.

(5) The purchase, sale, offer for sale, possession with intent to sell, or importation with intent to sell ivory or rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution if both of the following criteria are satisfied:

(A) The purchase, sale, offer for sale, possession with intent to sell, or import with intent to sell the ivory or rhinoceros horn is not prohibited by federal law.

(B) The ivory or rhinoceros horn was legally acquired before January 1, 1991, and was not subsequently transferred from one person to another for financial gain or profit after July 1, 2016.

(d) Possession of ivory or rhinoceros horn in a retail or wholesale outlet commonly used for the buying or selling of similar items is prima facie evidence of possession with intent to sell. This evidence does not preclude a finding of intent to sell based on any other evidence that may serve to establish that intent independently or in conjunction with this evidence.

(e) For a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed:

(1) For a first conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000), or more than ten thousand dollars ($10,000), imprisonment in the county jail for not more than 30 days, or by both the fine and imprisonment.

(2) For a first conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.

(3) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in county jail for not more than one year, or by both the fine and imprisonment.

(4) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000), or more than fifty thousand dollars ($50,000) or the amount equal to two times the total value of the ivory or rhinoceros horn involved in the violation, whichever is greater, imprisonment in county jail for not more than one year, or by both the fine and imprisonment.

(f) In addition to, and separate from, any criminal penalty provided for under subdivision (e), an administrative penalty of up to ten thousand dollars ($10,000) may be imposed for a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section. Penalties authorized pursuant to this subdivision may be imposed by the department consistent with all of the following:

(1) The chief of enforcement issues a complaint to any person or entity on which an administrative penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, relevant facts, the provision of law authorizing the administrative penalty to be imposed, and the proposed penalty amount.

(2) The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing no later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief of enforcement issuing the complaint and order. A request for hearing shall contain a brief statement of the material facts the party claims support his or her contention that an administrative penalty should not be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives the right to a hearing if no hearing is requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final.

(3) The director, or his or her designee, shall control the nature and order of the hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director, or his or her designee, shall issue a final order within 45 days of the close of the hearing. A final copy of the order shall be served by certified mail upon the party served with the complaint.

(4) A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired or, where the party has not requested a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final.

(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the court may pay one-half of the fine, but not to exceed five hundred dollars ($500), to any person giving information that led to the conviction or other entry of judgment. This reward shall not apply if the informant is a regular salaried law enforcement officer, or officer or agent of the department.

(h) Upon conviction or other entry of judgment for a violation of this section, any seized ivory or rhinoceros horn shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.

(i) Administrative penalties collected pursuant to this section shall be deposited in the Fish and Game Preservation Fund and used for law enforcement purposes upon appropriation by the Legislature.

(j) This section does not preclude enforcement under Section 653o of the Penal Code.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 135. (SB 1171) Effective January 1, 2017.)


citation: FGC § 2023

text:
(a) For purposes of this section, the following definitions apply:

(1) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.

(2) (A) “Fur product” means any article of clothing or covering for any part of the body, or any fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys or trinkets, and home accessories and decor, that is made in whole or in part of fur.

(B) “Fur product” does not include any of the following:

(i) A dog or cat fur product, as defined in Section 1308 of Title 19 of the United States Code, as that section read on January 1, 2020.

(ii) An animal skin or part thereof that is to be converted into leather, which in processing will have the hair, fleece, or fur fiber completely removed.

(iii) Cowhide with hair attached thereto.

(iv) Deerskin, sheepskin, or goatskin with hair attached thereto.

(v) The pelt or skin of an animal that is preserved through taxidermy.

(vi) A product made pursuant to Section 3087 or 4303.

(3) “Taxidermy” means the practice of preparing, stuffing, and mounting the skin, in lifelike form, of any fish, reptile, amphibian, bird, or mammal.

(4) “Ultimate consumer” means a person who buys for their own use, or for the use of another, but not for resale or trade.

(5) “Used fur product” means fur in any form that has been worn or used by an ultimate consumer.

(b) (1) It is unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product in the state.

(2) It is unlawful to manufacture a fur product in the state for sale.

(c) The prohibitions set forth in subdivision (b) do not apply to any of the following:

(1) A used fur product.

(2) A fur product used for religious purposes.

(3) A fur product used for traditional tribal, cultural, or spiritual purposes by a member of a federally recognized Native American tribe or a nonfederally recognized California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.

(4) Any activity expressly authorized by federal law.

(d) A person who sells or trades any used fur product or fur product described in subdivision (c) shall maintain a record of each sale or trade of one of those exempt fur products for at least one year. A person who reports the receipt or purchase of a used fur product or fur product described in subdivision (c) pursuant to Section 21628 of the Business and Professions Code shall be deemed to satisfy this subdivision. A violation of this subdivision is not subject to a criminal or civil penalty.

(e) (1) A person who violates subdivision (b) may be subject to the following civil penalties:

(A) For the first violation and for a violation that does not meet the requirements of subparagraph (B) or (C), a civil penalty of up to five hundred dollars ($500).

(B) For a violation that occurred within one year of a previous violation, a civil penalty of up to seven hundred fifty dollars ($750).

(C) For a violation that occurred within one year of a second or subsequent violation, a civil penalty of up to one thousand dollars ($1,000).

(2) Each fur product that constitutes a violation of subdivision (b) shall be treated as a separate violation in a civil action brought pursuant to this section.

(f) (1) In lieu of seeking prosecution of a violation of subdivision (b) as a misdemeanor, the department, the Attorney General, or the city attorney of the city or the district attorney or county counsel of the county in which a violation of subdivision (b) occurs, may bring a civil action to recover the civil penalty in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13001 and used exclusively for the purposes described in Section 1771 and for the enforcement of this section.

(2) In an action brought under this section, in addition to the penalty specified in subdivision (e), the reasonable costs of investigation, reasonable attorney’s fees, and reasonable expert witness’ fees may also be recovered and those amounts shall be credited to the same operating funds as those from which the expenditures for those purposes were derived.

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

(h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

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


citation: FGC § 2024

text:
(a) The Legislature finds and declares all of the following:

(1) Illegal poaching of the state’s native plants is a threat to the state’s biodiversity, can put certain species at risk for extinction, and can negatively impact entire ecosystem functions.

(2) The illicit trade of live plants and animals is a multibillion dollar market responsible for the unwanted transmission of pests and diseases from one country to another.

(3) Dudleya poaching, specifically, has increased dramatically because they have become popular in many Southeast Asian countries, where a single plant can be sold for up to one thousand dollars ($1,000) on the black market. As a result, some poaching operations have been found to be in possession of thousands of dudleya taken from the state’s forests, mountains, and coastal bluffs.

(4) Some species of dudleya, which already face conservation challenges, such as habitat loss from development or altered wildfire regimes, are endemic to the state and their worldwide distribution is limited to a single county, island, or mountain range.

(5) Protecting dudleya populations from poaching activity is necessary to prevent the loss of species and to promote the conservation of the state’s biodiversity.

(b) For purposes of this section, “dudleya” means a succulent plant that belongs to the genus Dudleya and referred to commonly as “live-forevers” or “dudleya” that is native to California and grows in natural habitats.

(c) Except as provided in subdivision (e), it is unlawful to uproot, remove, harvest, or cut dudleya from land owned by the state or a local government or from property not their own without written permission from the landowner in their immediate possession.

(d) It is unlawful to sell, offer for sale, possess with intent to sell, transport for sale, export for sale, or purchase dudleya uprooted, removed, harvested, or cut in violation of subdivision (c).

(e) A person who holds a license or permit pursuant to Section 1002 may take dudleya consistent with that license or permit.

(f) Notwithstanding Section 12000, for a violation of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed:

(1) For a first conviction, where the total value is two hundred fifty dollars ($250) or more, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000), imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.

(2) For a second or subsequent conviction, the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000) and not more than five hundred thousand dollars, ($500,000), imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.

(g) In addition to, and separate from, any criminal penalty provided for under subdivision (f), where applicable, the cost of replanting any dudleya forfeited pursuant to subdivision (h), may be imposed by the court.

(h) Upon conviction or other entry of judgment for a violation of this section, any seized dudleya shall be forfeited to the department.

(i) Notwithstanding Section 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.

history: (History: Added by Stats. 2021, Ch. 370, Sec. 1. (AB 223) Effective January 1, 2022.)


citation: FGC § 2050

text: This chapter shall be known and may be cited as the California Endangered Species Act.

history: (History: Repealed and added by Stats. 1984, Ch. 1240, Sec. 2.)

chapter: 1.5. Endangered Species

article: 1. General Provisions

path: 3. FISH AND GAME GENERALLY > 1.5. Endangered Species > 1. General Provisions


citation: FGC § 2051

text:
The Legislature hereby finds and declares all of the following:

(a) Certain species of fish, wildlife, and plants have been rendered extinct as a consequence of man’s activities, untempered by adequate concern and conservation.

(b) Other species of fish, wildlife, and plants are in danger of, or threatened with, extinction because their habitats are threatened with destruction, adverse modification, or severe curtailment, or because of overexploitation, disease, predation, or other factors.

(c) These species of fish, wildlife, and plants are of ecological, educational, historical, recreational, esthetic, economic, and scientific value to the people of this state, and the conservation, protection, and enhancement of these species and their habitat is of statewide concern.

article: 1. General Provisions


citation: FGC § 2052

text: The Legislature further finds and declares that it is the policy of the state to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat and that it is the intent of the Legislature, consistent with conserving the species, to acquire lands for habitat for these species.

article: 1. General Provisions


text: The Legislature further finds and declares that if any provision of this chapter requires a person to provide mitigation measures or alternatives to address a particular impact on a candidate species, threatened species, or endangered species, the measures or alternatives required shall be roughly proportional in extent to any impact on those species that is caused by that person. Where various measures or alternatives are available to meet this obligation, the measures or alternatives required shall maintain the person’s objectives to the greatest extent possible consistent with this section. All required measures or alternatives shall be capable of successful implementation. This section governs the full extent of mitigation measures or alternatives that may be imposed on a person pursuant to this chapter. This section shall not affect the state’s obligations set forth in Section 2052.

history: (History: Amended by Stats. 1998, Ch. 485, Sec. 74. Effective January 1, 1999.)

article: 1. General Provisions


citation: FGC § 2053

text:
(a) The Legislature further finds and declares that it is the policy of the state that public agencies should not approve projects as proposed which would jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat essential to the continued existence of those species, if there are reasonable and prudent alternatives available consistent with conserving the species or its habitat which would prevent jeopardy.

(b) Furthermore, it is the policy of this state and the intent of the Legislature that reasonable and prudent alternatives shall be developed by the department, together with the project proponent and the state lead agency, consistent with conserving the species, while at the same time maintaining the project purpose to the greatest extent possible.

history: (History: Amended by Stats. 2018, Ch. 329, Sec. 1. (SB 473) Effective January 1, 2019.)

article: 1. General Provisions


citation: FGC § 2054

text: The Legislature further finds and declares that, in the event specific economic, social, or other conditions make infeasible such alternatives, individual projects may be approved if appropriate mitigation and enhancement measures are provided.

article: 1. General Provisions


citation: FGC § 2055

text: The Legislature further finds and declares that it is the policy of this state that all state agencies, boards, and commissions shall seek to conserve endangered species and threatened species and shall utilize their authority in furtherance of the purposes of this chapter.

article: 1. General Provisions


citation: FGC § 2056

text: The Legislature further finds and declares that the cooperation of the owners of land which is identified as habitat for endangered species and threatened species is essential for the conservation of those species and that it is the policy of this state to foster and encourage that cooperation in furtherance of the purposes of this chapter. Therefore, a landowner of property on which an endangered, threatened, or candidate species lives shall not be liable for civil damages for injury to employees of, or persons under contract with, the department if the injury occurs while those persons are conducting survey, management, or recovery efforts with respect to those species.

history: (History: Amended by Stats. 1987, Ch. 286, Sec. 1.)

article: 1. General Provisions


citation: FGC § 2060

text: The definitions in this article govern the construction of this chapter.

history: (History: Added by Stats. 1984, Ch. 1240, Sec. 2.)

article: 1. General Provisions


citation: FGC § 2061

text: “Conserve,” “conserving,” and “conservation” mean to use, and the use of, all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary. These methods and procedures include, but are not limited to, all activities associated with scientific resources management, such as research, census, law enforcement, habitat acquisition, restoration and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.

article: 1. General Provisions


citation: FGC § 2062

text: “Endangered species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease. Any species determined by the commission as “endangered” on or before January 1, 1985, is an “endangered species.”

article: 1. General Provisions


citation: FGC § 2063

text: “Feasible” means feasible as defined in Section 21061.1 of the Public Resources Code.

article: 1. General Provisions


citation: FGC § 2064

text: “Project” means project as defined in Section 21065 of the Public Resources Code.

article: 1. General Provisions


text: “Recover” and “recovery” mean to improve, and improvement in, the status of a species to the point at which listing is no longer appropriate under the criteria set out in this chapter and any regulations adopted thereunder, and, if the department has approved a recovery plan, satisfaction of the conditions of that plan.

history: (History: Added by Stats. 2018, Ch. 329, Sec. 2. (SB 473) Effective January 1, 2019.)

article: 1. General Provisions


citation: FGC § 2065

text: “State lead agency” means the state agency, board, or commission which is a lead agency under the California Environmental Quality Act (Division 13 (commencing with Sec. 21000) of the Public Resources Code).

article: 1. General Provisions


citation: FGC § 2067

text: “Threatened species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts required by this chapter. Any animal determined by the commission as “rare” on or before January 1, 1985, is a “threatened species.”

article: 1. General Provisions


citation: FGC § 2068

text: “Candidate species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list.

article: 1. General Provisions


citation: FGC § 2070

text: The commission shall establish a list of endangered species and a list of threatened species. The commission shall add or remove species from either list if it finds, upon the receipt of sufficient scientific information pursuant to this article, and based solely upon the best available scientific information, that the action is warranted.

history: (History: Amended by Stats. 2018, Ch. 329, Sec. 4. (SB 473) Effective January 1, 2019.)

article: 2. Listing of Endangered Species

path: 3. FISH AND GAME GENERALLY > 1.5. Endangered Species > 2. Listing of Endangered Species


citation: FGC § 2071

text: The commission shall adopt guidelines by which an interested person may petition the commission to add a species to, or to remove a species from either the list of endangered or the list of threatened species.

history: (History: Added by Stats. 1984, Ch. 1162, Sec. 6.)

article: 2. Listing of Endangered Species


text: The department shall recommend, and the commission shall adopt, criteria for determining if a species is endangered or threatened.

article: 2. Listing of Endangered Species


citation: FGC § 2072

text: The petition shall be written, shall be clearly identified as a petition, and shall clearly indicate the administrative measure recommended.

article: 2. Listing of Endangered Species


text: To be accepted, a petition shall, at a minimum, include sufficient scientific information that a petitioned action may be warranted. Petitions shall include information regarding the population trend, range, distribution, abundance, and life history of a species, the factors affecting the ability of the population to survive and reproduce, the degree and immediacy of the threat, the impact of existing management efforts, suggestions for future management, and the availability and sources of information. The petition shall also include information regarding the kind of habitat necessary for species survival, a detailed distribution map, and any other factors that the petitioner deems relevant.

article: 2. Listing of Endangered Species


text: The department may, in the absence of a petition from an interested party, recommend to the commission that it add a species to, or remove a species from, either the list of endangered species or the list of threatened species. If it makes a recommendation under this section, the department shall include the information specified in Section 2072.3. A department recommendation under this section shall be considered by the commission as a petition with a departmental recommendation to accept and consider as described in subdivision (b) of Section 2073.5, and is subject to Sections 2074 to 2079, inclusive.

article: 2. Listing of Endangered Species


citation: FGC § 2073

text: Within 10 days of the receipt of a petition from an interested person under Section 2072.3, the commission shall refer the petition to the department.

article: 2. Listing of Endangered Species


text:
(a) The commission shall publish a notice in the California Regulatory Notice Register of the receipt of a petition prepared pursuant to Section 2072.3 by the department, or by an interested party and referred to the department, pursuant to Section 2073, or the commencement of an evaluation, to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species pursuant to Section 2072.7. At a minimum, the notice shall include all of the following:

(1) The scientific and common name of the species.

(2) Habitat type, if that information is available in the petition.

(3) The location where interested persons can submit information to the department relating to the petitioned species.

(b) The commission shall notify interested persons pursuant to Section 2078, by mail, of the notices prepared pursuant to subdivision (a), and shall mail a copy of the notice to those persons.

history: (History: Amended by Stats. 1997, Ch. 515, Sec. 1. Effective January 1, 1998.)

article: 2. Listing of Endangered Species


text:
(a) A person may submit information to the department relating to the petitioned species during the evaluation of the petition pursuant to Section 2073.5. The information shall relate to the matters identified in Section 2072.3.

(b) Within 30 days after receiving information pursuant to subdivision (a), the department shall notify the petitioner regarding its content.

history: (History: Amended by Stats. 2018, Ch. 329, Sec. 5. (SB 473) Effective January 1, 2019.)

article: 2. Listing of Endangered Species


text:
(a) Within 90 days of receipt of the petition, the department shall evaluate the petition on its face and in relation to other relevant information the department possesses or receives, and submit to the commission its written evaluation report with one of the following recommendations to the commission:

(1) Based upon the information contained in the petition, there is not sufficient information to indicate that the petitioned action may be warranted, and the petition should be rejected.

(2) Based upon the information contained in the petition, there is sufficient information to indicate that the petitioned action may be warranted, and the petition should be accepted and considered.

(b) Upon the request of the director, the commission may grant the department an extension of time, not to exceed 30 days, to allow the department additional time to further analyze and evaluate the petition and complete its evaluation report.

(c) The department’s evaluation report shall include copies of, or a list of, all information submitted to the department pursuant to subdivision (a) of Section 2073.4 during its evaluation of the petition. If copies are not included, the report shall state where the listed information is available for review.

history: (History: Amended by Stats. 1997, Ch. 515, Sec. 3. Effective January 1, 1998.)

article: 2. Listing of Endangered Species


text: A petitioner may amend a petition at any time prior to the beginning of the meeting held by the commission pursuant to Section 2074.2. However, if the commission determines that the amendment is substantive, the commission shall resubmit the petition to the department for review pursuant to Section 2073.5, publish notice of the amendment pursuant to Section 2073.3, and renotice or continue any hearing scheduled pursuant to Section 2074 in order to provide adequate opportunity for public comment.

history: (History: Added by Stats. 1997, Ch. 515, Sec. 4. Effective January 1, 1998.)

article: 2. Listing of Endangered Species


citation: FGC § 2074

text: The commission shall schedule the petition for consideration at its next available meeting, but not sooner than 30 days after receipt of the petition and public release of the evaluation report, and distribute its pending agenda to interested persons pursuant to Section 2078. The commission also shall make the petition, evaluation report, and other materials received available for review.

history: (History: Amended by Stats. 1997, Ch. 515, Sec. 5. Effective January 1, 1998.)

article: 2. Listing of Endangered Species