citation: FGC § 2086

text:
(a) The department, in cooperation with the Department of Food and Agriculture, agricultural commissioners, extension agents, farmers, ranchers, and other agricultural experts, shall adopt regulations that authorize locally designed voluntary programs for routine and ongoing agricultural activities on farms or ranches that encourage habitat for candidate, threatened, and endangered species, and wildlife generally. Agricultural commissioners, extension agents, farmers, ranchers, or other agricultural experts, in cooperation with conservation groups, may propose those programs to the department.

(b) Programs authorized under subdivision (a) shall do all of the following:

(1) Include management practices that will, to the maximum extent practicable, avoid and minimize take of candidate, endangered, and threatened species, while encouraging the enhancement of habitat.

(2) Be supported by the best available scientific information for both agricultural and conservation practices.

(3) Be consistent with the policies and goals of this chapter.

(4) Be designed to provide sufficient flexibility to maximize participation and to gain the maximum wildlife benefits without compromising the economics of agricultural operations.

(5) Include terms and conditions to allow farmers or ranchers to cease participation in a program without penalty. The terms and conditions shall include reasonable measures to minimize take during withdrawal from the program.

(c) Any taking of candidate, threatened, or endangered species incidental to routine and ongoing agricultural activities that occurs while the management practices specified by paragraph (1) of subdivision (b) are followed, is not prohibited by this chapter.

(d) (1) The department shall automatically renew the authorization for these voluntary programs every five years, unless the Legislature amends or repeals this section in which case the program shall be revised to conform to this section.

(2) Commencing in 2000, and every five years thereafter, the department shall post a report regarding the effect of the programs on its internet website. The department shall consult with the Department of Food and Agriculture in evaluating the programs and preparing the report. The report shall address factors such as the temporary and permanent acreage benefiting from the programs, include an estimate of the amount of land upon which routine and ongoing agricultural activities are conducted, provide examples of farmer and rancher cooperation, and include recommendations to improve the voluntary participation by farmers and ranchers.

(e) If the authorization for these programs is not renewed or is modified under subdivision (d), persons participating in the program shall be allowed to cease participating in the program in accordance with the terms and conditions specified in paragraph (5) of subdivision (b), without penalty.

(f) (1) The department may approve an application submitted by an agricultural-based nonprofit organization or other entity registered as a California nonprofit organization to initiate and undertake public education and outreach activities that promote the achievement of the objectives of this chapter. An application submitted pursuant to this subdivision shall include the following:

(A) The name and contact information of the participating organization.

(B) A brief description of the planned outreach activities.

(C) An end date for the outreach activities.

(2) The department may require a participating organization to submit, for approval by the department, educational materials and outreach materials that are disseminated to the public in furtherance of this subdivision.

(3) A participating organization shall file an annual report with the department before the end of each calendar year during the time period specified in the application. The report shall include, but is not limited to, the following:

(A) Complete information on the activities conducted by the participating organization in the prior year, including a description of all means of communicating to the public and agricultural community, including personal visits, electronic communications, organized meetings, or other means.

(B) A compilation of responses from the public and members of the agricultural community that will assist the participating organization and the department to modify or improve public education and outreach activities on an ongoing basis.

(C) An assessment of the existing knowledge within the agricultural community of programs and prohibitions under this chapter and a review of outreach activities that could be used to adapt and improve future outreach efforts.

(D) Information on a farm or ranch that has expressed interest in participating in a voluntary program pursuant to this section or the safe harbor agreement program contained in Article 3.7 (commencing with Section 2089.2). This provision does not require the annual report to include the identification to the department of an individual, farm, or ranch.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 42. (AB 1760) Effective January 1, 2024.)

path: 3. FISH AND GAME GENERALLY > 1.5. Endangered Species > 3.5. Incidental Take Associated with Routine and Ongoing Activities


kind: section

code: FGC

citation: FGC § 2087

text:
(a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.

(b) (1) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.

(2) The department shall conduct outreach to the extent feasible using existing channels to raise awareness of this reporting requirement within the agricultural community.

(c) For purposes of this section, “accidental” means unintended or unforeseen.

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

history: (History: Amended by Stats. 2023, Ch. 447, Sec. 1. (AB 606) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)

division: 3. FISH AND GAME GENERALLY

chapter: 1.5. Endangered Species

article: 3.5. Incidental Take Associated with Routine and Ongoing Activities


citation: FGC § 2088

text: This article does not authorize the take of fish species and does not apply to timber harvesting governed by the State Board of Forestry. “Fish species” as used in this section means a member of the class Osteichthyes.

history: (History: Added by Stats. 1997, Ch. 528, Sec. 1. Effective January 1, 1998.)


citation: FGC § 2089

text: Routine and ongoing agricultural activities shall be defined by the department by regulation and shall not include the conversion of agricultural land to a nonagricultural use.


text:
(a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act.

(b) The Legislature finds that a key to the goals set forth in this article of conserving, protecting, restoring, and enhancing endangered, threatened, and candidate species, is their habitat. A significant portion of the state’s current and potential habitat for these species exists on property owned by private citizens, municipalities, tribes, and other nonfederal entities. Conservation efforts on these lands and waters are critical to help these declining species. Using a collaborative stewardship approach to these lands and waters will help ensure the success of these efforts.

(c) The purpose of this article is to establish a program that will encourage landowners to manage their lands voluntarily to benefit endangered, threatened, or candidate species, or declining or vulnerable species, and not be subject to additional regulatory restrictions as a result of their conservation efforts.

(d) This article does not relieve landowners of any legal obligation with respect to endangered, threatened, or candidate species existing on their land. The program established by this article is designed to increase species populations, create new habitats, and enhance existing habitats. Although this increase may be temporary or long term, California state safe harbor agreements shall not reduce the existing populations of species present at the time the baseline is established by the department.

history: (History: Amended by Stats. 2018, Ch. 329, Sec. 15. (SB 473) Effective January 1, 2019.)

path: 3. FISH AND GAME GENERALLY > 1.5. Endangered Species > 3.7. California State Safe Harbor Agreement Program Act


text:
As used in this article, the following definitions apply:

(a) “Agreement” means a state safe harbor agreement approved by the department pursuant to this article. “Agreement” includes an agreement with an individual landowner and a programmatic agreement.

(b) “Baseline conditions” means the existing estimated population size, the extent and quality of habitat, or both population size and the extent and quality of habitat, for the species on the land to be enrolled in the agreement that sustain seasonal or permanent use by the covered species. Baseline conditions shall be determined by the department, in consultation with the applicant, and shall be based on the best available science and objective scientific methodologies. For purposes of establishing baseline conditions, a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been approved by the department.

(c) “Declining or vulnerable species” include candidate species, species proposed for listing as an endangered or threatened species pursuant to this chapter, or species that the department determines may, in the near future, be candidate species or proposed for listing as an endangered or threatened species pursuant to this chapter.

(d) “Department” means the Department of Fish and Wildlife, acting through its director or their designee.

(e) “Landowner” means any person or nonstate, state, or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of this article.

(f) “Management actions” means activities on the enrolled land or water that are reasonably expected by the department to provide a net benefit to the species or their habitat, or both.

(g) “Monitoring program” means a program established or approved by the department in accordance with paragraph (6) of subdivision (a) of Section 2089.6.

(h) “Net conservation benefit” means the cumulative benefits of the management activities identified in the agreement that provide for an increase in a species’ population or the enhancement, restoration, or maintenance of covered species’ suitable habitats within the enrolled property. Net conservation benefit shall take into account the length of the agreement, any offsetting adverse effects attributable to the incidental taking allowed by the agreement, and other mutually agreed upon factors. Net conservation benefits shall be sufficient to contribute either directly or indirectly to the recovery of the covered species. These benefits include, but are not limited to, reducing fragmentation and increasing the connectivity of habitats, maintaining or increasing populations, enhancing and restoring habitats, and buffering protected areas.

(i) “Programmatic agreement” means a state safe harbor agreement issued to a governmental or nongovernmental program administrator. The program administrator for a programmatic agreement shall work with landowners and the department to implement the agreement. The program administrator and the department shall be responsible for ensuring compliance with the terms of the agreement.

(j) “Qualified person” means a person with species expertise who has been approved by the department.

(k) “Return to baseline” means, at the termination of an agreement, activities undertaken by the landowner to return the species population or extent or quality of habitat to baseline, excluding catastrophic events such as floods, unplanned fires, or earthquakes, and other factors mutually agreed upon before permit issuance and that are beyond the control of the landowner.

history: (History: Amended by Stats. 2024, Ch. 681, Sec. 3. (AB 1581) Effective January 1, 2025.)

article: 3.7. California State Safe Harbor Agreement Program Act


text:
(a) The department shall, to the maximum extent practicable, prioritize the review of, and decision to approve, an agreement if the property proposed to be enrolled in the agreement is encumbered by a conservation easement that requires a permanent commitment to protect, restore, and maintain habitat conditions, provided that the department finds that practices consistent with the conservation easement can reasonably be expected to provide a net conservation benefit to the species listed in the application.

(b) If the property proposed to be enrolled in an agreement is subject to a conservation easement, the department, to the maximum extent practicable, shall rely on the conservation easement to fulfill the requirements of Section 2089.8.

(c) This section only applies to agreements where a majority of the property is forestland.

history: (History: Added by Stats. 2018, Ch. 329, Sec. 17. (SB 473) Effective January 1, 2019.)


text:
(a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section 2000, 2080, or 2085 through an agreement, including a programmatic agreement, if all the following conditions are met:

(1) The department receives a complete application containing all of the information described in Section 2089.8.

(2) The take is incidental to an otherwise lawful activity.

(3) The department finds that the implementation of the agreement is reasonably expected to provide a net conservation benefit to the species listed in the application. This finding shall be based, at a minimum, upon the determination that the agreement is of sufficient duration and has appropriate assurances to realize these benefits.

(4) The take authorized by the agreement will not jeopardize the continued existence of the species. This determination shall be made based on the provisions of subdivision (c) of Section 2081.

(5) The department finds that the landowner has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized in the agreement, including returning to baseline.

(6) The department has established or approved a monitoring program, based upon objective scientific methodologies, to provide information for the department to evaluate the effectiveness and efficiency of the agreement program, including whether the net conservation benefits set forth in the agreement are being achieved and whether the participating landowner is implementing the provisions of the agreement.

(7) The department has determined that sufficient funding is ensured, for it or its contractors or agents, to determine baseline conditions on the property, and that there is sufficient funding for the landowner to carry out management actions and for monitoring for the duration of the agreement.

(8) Implementation of the agreement will not be in conflict with any existing department-approved conservation or recovery programs for the species covered by the agreement.

(b) If the species covered by an agreement is a declining or vulnerable species, and the species is subsequently listed as an endangered, threatened, or candidate species pursuant to this chapter, no further authorization or approval shall be required for take of the species in accordance with the agreement, regardless of the species’ change in status.

history: (History: Amended by Stats. 2018, Ch. 329, Sec. 18. (SB 473) Effective January 1, 2019.)


text: The department may authorize the taking of the Owens pupfish in the Owens River watershed if the take is authorized under an agreement pursuant to this article.

history: (History: Added by Stats. 2016, Ch. 515, Sec. 1. (AB 2001) Effective January 1, 2017.)


text:
The landowner shall submit all of the following:

(a) A detailed map depicting the land proposed to be enrolled in the agreement.

(b) The common and scientific names of the species for which the landowner requests incidental take authorization.

(c) A detailed description of the landowner’s current land and water use and management practices that affect the covered species, and the habitat of the covered species, for which the landowner requests incidental take authorization.

(d) A detailed description of the landowner’s future land and water use and management practices that may affect the covered species, and the habitat of the covered species, for which the landowner requests incidental take authorization. This description shall be used only for informational and planning purposes.

(e) The proposed duration of the agreement that is sufficient to provide a net conservation benefit to the species covered in the permit and an explanation of the basis for this conclusion.

(f) A detailed description of the proposed management actions and the timeframe for implementing them.

(g) A description of the possible incidental take that may be caused by the management actions and of the anticipated species populations and habitat changes over the duration of the permit.

(h) A detailed description of the proposed monitoring program.

(i) Any other information that the department may reasonably require in order to evaluate the application.

history: (History: Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)


text:
(a) As used in this section, “proprietary information” means information that is all of the following:

(1) Related to an agricultural operation or land that is a part of an agricultural operation.

(2) A trade secret, or commercial or financial information, that is privileged or confidential, and is identified as such by the person providing the information to the department.

(3) Not required to be disclosed under any other provision of law or any regulation affecting the land or the agricultural operation on the land.

(b) Proprietary information received by the department pursuant to Section 2089.8 is not public information, and the department shall not release or disclose the proprietary information to any person, including any federal, state, or local governmental agency, outside of the department.

(c) Notwithstanding subdivision (b), the department may release or disclose proprietary information received pursuant to Section 2089.8 to the following entities under the following circumstances:

(1) Any person or federal, state, or local governmental agency, to enforce this article.

(2) Any person or federal, state, or local governmental agency working in cooperation with the department to provide technical or financial assistance for the purposes of implementing the program established by this article.

(3) Any entity, to the extent that the owner, operator, or producer has consented to the release or disclosure.

(4) The general public, if the information has been transformed into a statistical or aggregate form without identifying any individual owner, operator, or producer, or the specific location from which the information was gathered.


text: If an agreement has been approved and the department finds that the agreement is being properly implemented, the department shall allow the landowner to alter or modify the enrolled property, even if that alteration or modification will result in the incidental take of a listed species, to the extent that the alteration or modification returns the species to baseline conditions.


text:
(a) Unless the department determines that it is inappropriate to do so based on the nature of the management actions being proposed, the species listed in the permit, or other factors, the agreement shall require that the landowner provide the department with at least 60 days’ advance notice of any of the following:

(1) Any incidental take that is anticipated to occur under the agreement.

(2) The landowner’s plan to return to baseline at the end of the agreement.

(3) Any plan to transfer or alienate the landowner’s interest in the land or water.

(b) (1) If the department receives any notice described in subdivision (a), the landowner shall provide the department, its contractors, or agents with access to the land or water for purposes of safely removing or salvaging the species.

(2) The department shall provide notice to the landowner at least seven days prior to accessing the land or water for the purposes of paragraph (1). The notice shall identify each person selected by the department, its contractors, or agents to access the land or water.

(3) Notwithstanding paragraph (1), during the seven-day notice period, a landowner may object, in writing, to a person selected to access the land or water. If a landowner objects, another person shall be selected by the department, its contractors, or agents, and notification shall be provided to the landowner pursuant to paragraph (2). However, if a landowner objects to a selection on two successive occasions, the landowner shall be deemed to consent to access to the land or water by a person selected by the department, its contractors, or agents. Failure by a landowner to object to the selection within the seven-day notice period shall be deemed consent to access the land or water by a person selected by the department, its contractors, or agents.

(4) If the landowner objects to a person selected to access the land or water pursuant to paragraph (3), the 60-day notice period described in subdivision (a) shall be tolled for the period between the landowner’s objection to a person selected for access to the land or water and the landowner’s consent to a person selected for access to the land or water.

history: (History: Amended by Stats. 2010, Ch. 328, Sec. 66. (SB 1330) Effective January 1, 2011.)


text: An agreement may be amended with the mutual consent of the landowner and the department.


text: If a landowner seeks to sell, transfer, or otherwise alienate the land or water enrolled in the agreement during the term of the agreement, the person or entity assuming that interest in the property shall (a) assume the existing landowner’s duties under the agreement, (b) enter into a new agreement with the department, or (c) withdraw from an existing agreement under the terms provided in the agreement, as approved by the department.


text: The suspension and revocation of the agreement shall be governed by suspension and revocation regulations adopted by the department.


text:
(a) This section does not provide the public a right of entry onto the enrolled land or water. The landowner shall provide the department, its contractors, or agents with access to the land or water proposed to be enrolled in the agreement to develop the agreement, determine the baseline conditions, monitor the effectiveness of management actions, or safely remove or salvage species proposed to be taken.

(b) The department shall provide notice to the landowner at least seven days before accessing the land or water for the purposes of subdivision (a). The notice shall identify each person selected by the department, its contractors, or agents to access the land or water.

(c) Notwithstanding subdivision (a), during the seven-day notice period, a landowner may object, in writing, to a person selected to access the land or water. If a landowner objects, another person shall be selected by the department, its contractors, or agents, and notification shall be provided to the landowner pursuant to subdivision (b). However, if a landowner objects to a selection on two successive occasions, the landowner shall be deemed to consent to access to the land or water by a person selected by the department, its contractors, or agents. Failure by a landowner to object to the selection within the seven-day notice period shall be deemed consent to access the land or water by a person selected by the department, its contractors, or agents.

(d) (1) Notwithstanding any other law, the landowner is not required to do either of the following:

(A) Maintain enrolled land or water, or land or water proposed to be enrolled in an agreement, in a condition that is safe for access, entry, or use by the department, its contractors, or agents for purposes of providing access pursuant to subdivision (a).

(B) Provide to the department, its contractors, or agents, any warning of a hazardous condition, use, structure, or activity on enrolled land or water, or land or water proposed to be enrolled in an agreement, for purposes of providing access pursuant to subdivision (a).

(2) Notwithstanding any other law, the landowner shall not be liable for any injury, and does not owe a duty of care, to the department, its contractors, or agents resulting from any act or omission described in subparagraph (A) or (B) of paragraph (1).

(3) The provision of access to land pursuant to subdivision (a) shall not be construed as any of the following:

(A) An assurance that the land or water is safe.

(B) A grant to the person accessing the land or water of a legal status for which the landowner would owe a duty of care.

(C) An assumption of responsibility or liability for any injury to a person or property caused by any act of the person to whom access to the land or water is provided.

(4) Notwithstanding paragraphs (1) to (3), inclusive, this subdivision shall not be construed to limit a landowner’s liability for an injury under either of the following circumstances:

(A) Willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity on the land or water.

(B) Express invitation to a person by the landowner to access the land or water, in a manner that is beyond the access required to be provided pursuant to subdivision (a).

(e) Nothing in this section creates a duty of care or a ground of liability for injury to person or property.


text:
(a) If any of the following agreements have been approved pursuant to applicable provisions of federal law and the federal agreement contains species that are endangered, threatened, candidate, or declining or vulnerable species pursuant to this chapter, no further authorization or approval is necessary under this article for any person authorized by that federal agreement to take the species identified in and in accordance with the federal agreement, if that person and the department follow all of the procedures specified in Section 2080.1, except that the determination of consistency shall be made by the department based only on the issuance criteria contained in this article:

(1) A federal safe harbor agreement.

(2) A federal candidate conservation agreement with assurances.

(3) A federal conservation benefit agreement with an enhancement of survival permit in compliance with Part 17 (commencing with Section 17.1) of Subchapter B of Chapter I of Title 50 of the Code of Federal Regulations.

(b) Any authority pursuant to subdivision (a) to take species identified in a federal agreement shall terminate immediately upon the expiration or termination of the federal agreement.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 75. (AB 1170) Effective January 1, 2026.)


text:
(a) A landowner that owns land that abuts a property enrolled in a state safe harbor agreement shall not be required, for purposes of an incidental take permit, to undertake the management activities set forth in the state safe harbor agreement, if all of the following conditions are met:

(1) The neighboring landowner allows the department to determine baseline conditions on the property.

(2) The neighboring landowner agrees to maintain the baseline conditions for the duration specified in the safe harbor agreement.

(3) The department determines that allowing the neighboring landowner to receive an incidental take permit for the abutting property does not undermine the net conservation benefit determination made by the department in the approval of the safe harbor agreement.

(4) The take authorized by the department will not jeopardize the continued existence of the species. This determination shall be made in accordance with subdivision (c) of Section 2081.

(b) (1) Unless the department determines that it is inappropriate to do so based on the species listed in the permit, or any other factors, the neighboring landowner shall provide the department with at least 60 days’ advance notice of any of the following:

(A) Any incidental take that is anticipated to occur under the permit.

(B) The neighboring landowner’s plan to return to baseline conditions.

(C) Any plan to transfer or alienate the neighboring landowner’s interest in the land or water.

(2) (A) If the department receives any notice described in paragraph (1), the neighboring landowner shall provide the department, its contractors, or agents with access to the land or water for purposes of safely removing or salvaging the species.

(B) The department shall provide notice to the neighboring landowner at least seven days before accessing the land or water for the purposes of subparagraph (A). The notice shall identify each person selected by the department, its contractors, or agents to access the land or water.

(C) Notwithstanding subparagraph (B), during the seven-day notice period, the neighboring landowner may object, in writing, to a person selected to access the land or water. If the neighboring landowner objects, another person shall be selected by the department, its contractors, or agents, and notification shall be provided to the neighboring landowner pursuant to subparagraph (B). However, if the neighboring landowner objects to a selection on two successive occasions, the neighboring landowner shall be deemed to consent to access to the land or water by a person selected by the department, its contractors, or agents. Failure by the neighboring landowner to object to the selection within the seven-day notice period shall be deemed consent to access the land or water by the person selected by the department, its contractors, or agents.

history: (History: Amended by Stats. 2010, Ch. 328, Sec. 67. (SB 1330) Effective January 1, 2011.)


text: The department, for informational purposes, shall maintain a list of qualified persons who have worked with the department on an approved agreement, and persons, entities, and organizations serving as program administrators for approved agreements.


text: The department may promulgate regulations to implement this article.


citation: FGC § 2116

text: As used in this chapter, “wild animal” means any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class Osteichtyes (bony fishes), class Monorhina (lampreys), class Reptilia (reptiles), class Crustacea (crayfish), or class Gastropoda (slugs, snails) which is not normally domesticated in this state as determined by the commission.

history: (History: Amended by Stats. 1974, Ch. 1503.)

article: 1. Generally

path: 3. FISH AND GAME GENERALLY > 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals > 1. Generally


text: The Legislature finds and declares that wild animals are being captured for importation and resale in California; that some populations of wild animals are being depleted; that many animals die in captivity or transit; that some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals; that some wild animals are a threat to the native wildlife or agricultural interests of this state; and that some wild animals are a threat to public health and safety. It is the intention of the Legislature that the importation, transportation, and possession of wild animals shall be regulated to protect the health and welfare of wild animals captured, imported, transported, or possessed, to reduce the depletion of wildlife populations, to protect the native wildlife and agricultural interests of this state against damage from the existence at large of certain wild animals, and to protect the public health and safety in this state.

history: (History: Added by Stats. 1974, Ch. 1503.)

chapter: 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals

article: 1. Generally


citation: FGC § 2117

text: As used in this chapter, “enforcing officers” means the department, the state plant quarantine officers, the local law enforcement agents, the county sheriffs, and the county agricultural commissioners. These enforcing officers are authorized and empowered to enforce the provisions of this chapter or any regulation implementing this chapter.

history: (History: Amended by Stats. 2005, Ch. 698, Sec. 2. Effective January 1, 2006.)

article: 1. Generally


citation: FGC § 2118

text: It is unlawful to import, transport, possess, or release alive into this state, except under a revocable, nontransferable permit as provided in this chapter and the regulations pertaining thereto, any wild animal of the following species: (a)Class Aves: (birds)Family Cuculidae (cuckoos)All Species.Family Alaudidae (larks)Skylark, Alauda arvensisFamily Corvidae (crows, jays, magpies)All species.Family Turdidae (thrushes)European blackbird, Turdus merulaMissel (or mistle), thrush, Turdus viscivorusFamily Sturnidae (starlings and mynas or mynahs)All species of the family, except hill myna (orhill mynah),Gracula religiosa (sometimes referred to asEulabes religiosa)Family Ploceidae (weavers)The following species:Spanish sparrow, Passer hispaniolensisItalian sparrow, Passer italiaeEuropean tree sparrow, Passer montanusCape sparrow, Passer capensisMadagascar weaver, Foudia madagascariensisBaya weaver, Ploceus bayaHawaiian rice bird, Munia nisoriaRed-billed quelea, Quelea queleaRed-headed quelea, Quelea erythropsFamily Fringillidae (sparrows, finches, buntings)Yellowhammer, Emberiza citrinella(b)Class Mammalia (mammals)Order PrimatesAll species except those in family HominidaeOrder Edentata (sloths, anteaters, armadillos, etc.)All species.Order Marsupialia (marsupials or pouched mammals)All species.Order Insectivora (shrews, moles, hedgehogs, etc.)All species.Order Dermoptera (gliding lemurs)All species.Order Chiroptera (bats)All species.Order Monotremata (spiny anteaters, platypuses)All species.Order Pholidota (pangolins, scaly anteaters)All species.Order Lagomorpha (pikas, rabbits, hares)All species, except domesticated races of rabbits.Order Rodentia (rodents)All species, except domesticated goldenhamsters, also known as Syrian hamster,Mesocricetus auratus; domesticated races ofrats or mice (white or albino; trained,dancing or spinning, laboratory-reared);and domestic strains of guinea pig (Caviaporcellus).Order Carnivora (carnivores)All species, except domestic dogs (Canisfamiliaris) and domestic cats (Felis catus).Order Tubulidentata (aardvarks)All species.Order Proboscidea (elephants)All species.Order Hyracoidea (hyraxes)All species.Order Sirenia (dugongs, manatees)All species.Order Perissodactyla (horses, zebras, tapirs,rhinoceroses, etc.)All species except those of the family Equidae.Order Artiodactyla (swine, peccaries, camels,deer, elk, except elk (genus Cervus) which aresubject to Section 2118.2, moose, antelopes,cattle, goats, sheep, etc.)All species except: domestic swine of the familySuidae; American bison, and domestic cattle,sheep and goats of the family Bovidae; racesof big-horned sheep (Ovis canadensis) nowor formerly indigenous to this state. Mammals of the orders Primates, Edentata, Dermoptera, Monotremata, Pholidota, Tubulidentata, Proboscidea, Perissodactyla, Hyracoidea, Sirenia and Carnivora are restricted for the welfare of the animals, except animals of the families Viverridae and Mustelidae in the order Carnivora are restricted because such animals are undesirable and a menace to native wildlife, the agricultural interests of the state, or to the public health or safety.(c)Class amphibia (frogs, toads, salamanders)Family Bufonidae (toads)Giant toad or marine toad, Bufo marinus(d)Class Monorhina (lampreys)All species.(e)Class Osteichthyes (bony fishes)Family Serranidae (bass)White perch, Morone or Roccus americanaFamily Clupeidae (herring)Gizzard shad, Dorosoma cepedianumFamily Sciaenidae (croakers)Freshwater sheepshead, Aplodinotus grunniensFamily Characidae (characins)Banded tetra, Astyanax fasciatusAll species of piranhasFamily Lepisosteidae (gars)All species.Family Amiidae (bowfins)All species.(f)Class Reptilia (snakes, lizards, turtles, alligators)Family CrocodilidaeAll species.(g)Class Crustacea (crustaceans)Genus Cambarus (crayfishes)All species.Genus Astacus (crayfishes)All species.Genus Astacopsis (crayfishes)All species.(h)Class Gastropoda (slugs, snails, clams)All species of slugs.All species of land snails.(i)Other classes, orders, families, genera, and species of wild animals which may be designated by the commission in cooperation with the Department of Food and Agriculture, (1) when the class, order, family, genus, or species is proven to be undesirable and a menace to native wildlife or the agricultural interests of the state, or (2) to provide for the welfare of wild animals. (j)Except as expressly authorized in this code, any live nonindigenous Atlantic salmon or the roe thereof into the Smith River watershed. (k)Classes, families, genera, and species in addition to those listed in this section may be added to or deleted from the above lists from time to time by commission regulations in cooperation with the Department of Food and Agriculture.

history: (History: Amended by Stats. 2003, Ch. 62, Sec. 97. Effective January 1, 2004.)

article: 1. Generally


text:
Except as provided in Section 1007, it is unlawful to import any elk (genus Cervus) into this state. The department may import elk pursuant to Section 1007, if prior to such importation, the department issues written findings justifying the need for and explaining the purpose of the importation.

This section shall not apply to zoos certified by the United States Department of Agriculture.

history: (History: Added by Stats. 1979, Ch. 1074.)

article: 1. Generally


text: No part of any elk horn or antler shall be removed from any live elk for commercial purposes.

article: 1. Generally


text: The department shall seize any elk imported in violation of Section 2118.2.

article: 1. Generally


text: The commission may designate wild animals which may be possessed without a permit.

history: (History: Added by Stats. 1970, Ch. 1510.)

article: 1. Generally


citation: FGC § 2119

text: The department shall publish from time to time as changes arise, a list of animals that may not be imported or transported into this state.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 51. (AB 1527) Effective January 1, 2016.)

article: 1. Generally


citation: FGC § 2120

text:
(a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the safety of the public.

(b) The regulations shall also include criteria for all of the following:

(1) The receiving, processing, and issuing of a permit and conducting inspections.

(2) Contracting out inspection activities.

(3) Responding to public reports and complaints.

(4) The notification of the revocation, termination, or denial of permits, and related appeals.

(5) The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced.

(6) How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.

(c) These regulations shall be developed and adopted by the commission on or before January 1, 2007.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 30. Effective January 1, 2008.)

article: 1. Generally


citation: FGC § 2121

text: No person having possession or control over any wild animal under this chapter shall intentionally free, or knowingly permit the escape, or release of such an animal, except in accordance with the regulations of the commission.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 31. Effective January 1, 2008.)

article: 1. Generally


citation: FGC § 2122

text: The commission shall promulgate regulations in cooperation with the State Department of Food and Agriculture for the guidance of enforcing officers. Such regulations shall include a list of the wild animals for which permits that may be issued under this chapter will be refused, and the disposition of such wild animals illegally imported into this state.

article: 1. Generally


citation: FGC § 2123

text: The department in cooperation with the State Department of Food and Agriculture shall furnish descriptive and illustrative material concerning the wild animals enumerated in or designated pursuant to Section 2118, as well as explanatory material setting forth the reasons for designating such animals as undesirable and a menace to native wildlife or to the agricultural interests of this state for the information and guidance of the enforcing officers.

article: 1. Generally


citation: FGC § 2124

text:
(a) Except as otherwise authorized by this code or regulations adopted pursuant to this code, including, but not limited to, those provisions that authorize raising deer to produce venison for market, it is unlawful for any person to possess, transport, import, export, propagate, purchase, sell, or transfer any live mammal enumerated in or designated pursuant to Section 2118 for the purposes of maiming, injuring, or killing the mammal for gain, amusement, or sport.

(b) Except as otherwise authorized by this code or regulations adopted pursuant to this code, the buyer of a live mammal enumerated in or designated pursuant to Section 2118 shall not resell the live mammal to another buyer who has the intent to maim, injure, or kill that mammal for purposes of gain, amusement, or sport.

(c) This section does not apply to the meat, hide, or parts of a dead mammal.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 43. (AB 1760) Effective January 1, 2024.)

article: 1. Generally


citation: FGC § 2125

text:
(a) In addition to any other penalty provided by law, any person who violates this chapter or any regulations implementing this chapter, is subject to a civil penalty of not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000) for each violation. Except as otherwise provided, any violation of this chapter or of any regulations implementing this chapter is a misdemeanor punishable by imprisonment in a county jail for not more than six months, or by a fine of not more than one thousand dollars ($1,000).

(b) 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 this article occurs, may bring a civil action to recover the civil penalty in subdivision (a) and the costs of seizing and holding the animal enumerated in or designated pursuant to Section 2118, except to the extent that those costs have already been collected as provided by subdivision (d). 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.

(c) In an action brought under this section, in addition to the penalty specified in subdivision (a), 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.

(d) (1) If an animal is confiscated because the animal was kept in contravention of this chapter or any implementing regulations, the person claiming the animal shall pay to the department or the new custodian of the animal an amount sufficient to cover all reasonable expenses expected to be incurred in caring for and providing for the animal for at least 30 days, including, but not limited to, the estimated cost of food, medical care, and housing.

(2) If the person claiming the animal fails to comply with the terms of their permit and to regain possession of the animal by the expiration of the first 30-day period, the department may euthanize the animal or place the animal with an appropriate wild animal facility at the end of the 30 days, unless the person claiming the animal pays all reasonable costs of caring for the animal for a second 30-day period before the expiration of the first 30-day period. If the permittee is still not in compliance with the terms of the permit at the end of the second 30-day period, the department may euthanize the animal or place the animal in an appropriate wild animal facility.

(3) The amount of the payments described in paragraphs (1) and (2) shall be determined by the department, and shall be based on the current reasonable costs to feed, provide medical care for, and house the animal. If the person claiming the animal complies with the terms of their permit and regains possession of the animal, any unused portion of the payments required pursuant to paragraphs (1) and (2) shall be returned to the person claiming the animal no later than 90 days after the date on which the person regains possession of the animal.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 44. (AB 1760) Effective January 1, 2024.)

article: 1. Generally


citation: FGC § 2126

text:
(a) Except as otherwise authorized by this code or regulations made pursuant thereto, it is unlawful for any person to take any mammal enumerated in or designated pursuant to Section 2118.

(b) This section does not prohibit the euthanasia of a mammal as appropriately directed by a licensed veterinarian or animal health technician.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 45. (AB 1760) Effective January 1, 2024.)

article: 1. Generally


citation: FGC § 2127

text:
(a) The department may reimburse eligible local entities, pursuant to a memorandum of understanding entered into pursuant to this section, for costs incurred by the eligible local entities in the administration and enforcement of any provision concerning the possession of, handling of, care for, or holding facilities provided for, a wild animal enumerated in or designated pursuant to Section 2118.

(b) The department may enter into memorandums of understanding with eligible local entities for the administration and enforcement of any provision concerning the possession of, handling of, care for, or holding facilities provided for, a wild animal enumerated in or designated pursuant to Section 2118.

(c) The commission shall adopt regulations that establish specific criteria an eligible local entity shall meet in order to qualify as an eligible local entity.

(d) For the purposes of this division, “eligible local entity” means a county, local animal control officer, local humane society official, educational institution, or trained private individual that enters into a memorandum of understanding with the department pursuant to this section.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 46. (AB 1760) Effective January 1, 2024.)

article: 1. Generally


citation: FGC § 2128

text:
(a) (1) Any person who houses, possesses, manages, or is in direct contact with an elephant shall not do either of the following:

(A) Use a bullhook, ankus, baseball bat, axe handle, pitchfork, or other device designed to inflict pain for the purpose of training or controlling the behavior of an elephant.

(B) Authorize or allow an employee, agent, or contractor to use a bullhook, ankus, baseball bat, axe handle, pitchfork, or other device designed to inflict pain for the purpose of training or controlling the behavior of an elephant.

(2) Use prohibited by this subdivision includes brandishing, exhibiting, or displaying the devices in the presence of an elephant.

(b) Any person who violates this section is subject to the civil penalty set forth in Section 2125 for each violation, and the restricted species permit for the elephant is subject to immediate suspension or revocation by the department. A person whose restricted species permit is suspended or revoked pursuant to this section may appeal the suspension or revocation to the commission by filing a written request for an appeal with the commission within 30 days of the suspension or revocation. A person who violates this section is not subject to the criminal penalties set forth in this code.

(c) The provisions of this section are in addition to, and not in lieu of, any other laws protecting animal welfare. This section shall not be construed to limit any state law or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations.

(d) This section shall become operative on January 1, 2018.

history: (History: Added by Stats. 2016, Ch. 234, Sec. 1. (SB 1062) Effective January 1, 2017. Section operative January 1, 2018, by its own provisions.)

article: 1. Generally


citation: FGC § 2150

text:
(a) (1) The department, in cooperation with the Department of Food and Agriculture, may, upon application, issue a written permit to import into, possess, or transport within this state any wild animal enumerated in, or designated pursuant to, Section 671 of Title 14 of the California Code of Regulations, upon a determination that the animal is not detrimental or that no damage or detriment can be caused to agriculture, native wildlife, the public health or safety, or the welfare of the animal, as a result of the importation, transportation, or possession.

(2) A permit may be issued to any person only upon application and payment of a nonrefundable application fee in an amount determined by the department pursuant to Section 2150.2. Application forms shall be provided by the department and shall be designed to ascertain the applicant’s ability to properly care for the wild animal or animals the applicant seeks to import, transport, or possess. Proper care includes providing adequate food, shelter, and veterinary care, and other requirements the commission may designate.

(b) The commission or the department shall deny a permit and the commission shall revoke a permit if it finds that a permittee or applicant has failed to meet, or is unable to meet, the requirements for importing, transporting, possessing, or confining any wild animal as established pursuant to Section 2120.

(c) A zoo is exempt from any permit requirement pursuant to this chapter except for animals whose importation, transportation, or possession is determined by the department, in cooperation with the Department of Food and Agriculture, to be detrimental or cause damage to agriculture, native wildlife, or the public health or safety. For purposes of this section, “zoo” means any organization which is accredited as meeting the standards and requirements of the American Zoo and Aquarium Association (AZA). Any California organization which is not accredited by the AZA may apply to the department for a waiver of specified permit requirements of this chapter. The department may grant or deny the request for a waiver for justified reasons. Foreign zoos outside this state are not subject to the permit requirements of this chapter beyond those specific permit requirements affecting California zoos or organizations with which they are collaborating. Any organization may appeal the determination of the department to the commission.

(d) An exhibitor licensed by the United States Department of Agriculture or a dealer who is so licensed who buys any animal specified in subdivision (c) from a zoo within the state, may sell or transfer it only to a private individual who has a permit issued pursuant to this section prior to the receipt of the animal or to a public or private organization that has a permit issued pursuant to this section prior to the receipt of the animal. The exhibitor or dealer who sells or transfers that animal shall pay a fee pursuant to Section 2150.2 to the department.

(e) Any university, college, governmental research agency, or other bona fide scientific institution, as defined in regulations adopted by the commission, engaging in scientific or public health research is exempt from any permit requirement pursuant to this chapter except for animals whose importation, transportation, or possession is determined by the department, in cooperation with the Department of Food and Agriculture, to be detrimental or cause damage to agriculture, native wildlife, or the public health or safety.

(f) Notwithstanding the provisions of this section, every zoo, university, college, governmental research agency, or other bona fide scientific institution shall comply with the requirements of subdivision (a) of Section 2193 for all animals the zoo, university, college, governmental research agency, or other bona fide scientific institution possesses that are enumerated in, or designated pursuant to, Section 671 of Title 14 of the California Code of Regulations.

history: (History: Amended by Stats. 2005, Ch. 698, Sec. 6. Effective January 1, 2006.)

article: 2. Permits

path: 3. FISH AND GAME GENERALLY > 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals > 2. Permits


text: Fees collected pursuant to this chapter for permits, permit applications, and facility inspections shall be deposited in the Fish and Game Preservation Fund. The department shall annually identify the amount collected for each type of permit, permit application, or inspection for which a fee is collected.

history: (History: Repealed and added by Stats. 1990, Ch. 789, Sec. 4.)

article: 2. Permits


text: The department shall establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing this chapter.

history: (History: Repealed and added by Stats. 1990, Ch. 789, Sec. 6.)

article: 2. Permits


text:
(a) The director shall appoint a committee to advise the director on the humane care and treatment of wild animals.

(b) The committee shall make recommendations to the director for the establishment of standards of performance for administration and enforcement, which shall include, but are not limited to, requiring that the eligible local entity possess a knowledge of humane wild animal training methods.

(c) The committee shall make recommendations to the director as to the frequency of inspections necessary for the enforcement and administration of any provision concerning the possession of, handling of, care for, or holding facilities provided for, a wild animal enumerated in or designated pursuant to Section 2118.

(d) The committee shall advise and assist the director in entering into memorandums of understanding with eligible local entities and in determining whether the memorandums of understanding meet the requirements of this chapter.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 47. (AB 1760) Effective January 1, 2024.)

article: 2. Permits


text:
(a) The department or an eligible local entity shall inspect the wild animal facilities, as determined by the director’s advisory committee, of each person holding a permit issued pursuant to Section 2150 authorizing the possession of a wild animal.

(b) In addition to the inspections specified in subdivision (a), the department or an eligible local entity, pursuant to the regulations of the commission, may inspect the facilities and care provided for the wild animal of any person holding a permit issued pursuant to Section 2150 for the purpose of determining whether the animal is being cared for in accordance with all applicable statutes and regulations. The department shall collect an inspection fee, in an amount determined by the department pursuant to Section 2150.2.

(c) No later than January 1, 2009, the department, in cooperation with the committee created pursuant to Section 2150.3, shall develop, implement, and enter into memorandums of understanding with eligible local entities if the department elects not to inspect every wild animal facility pursuant to subdivisions (a) and (b). Eligible local entities shall meet the criteria established in regulations adopted pursuant to subdivision (b) of Section 2157.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 34. Effective January 1, 2008.)

article: 2. Permits


text: Classes, orders, families, genera, and species which may not be imported, transported, possessed, or released alive in this state solely because of concern for the welfare of the animal may be possessed under permit when the owner can demonstrate that such animal was legally acquired and possessed in California before the effective date of this section. The department may require the owner of an animal which may be possessed under this section to mark or otherwise identify such animal and progeny, so as not to endanger the welfare of that animal, to the satisfaction of the department. The owner shall not transfer such animal or progeny to any other person without prior approval of the department.

history: (History: Added by Stats. 1974, Ch. 1503.)

article: 2. Permits


citation: FGC § 2151

text:
A permit shall be issued only upon written application from the person desiring to import or transport the species, enumerating all of the following:

(a) The approximate number and true scientific name of each species of wild animal for which a permit is requested.

(b) The carrier and probable point of first arrival in this State of each shipment of such species.

(c) The purpose for which they are to be imported or transported.

(d) The name and address of the consignee.

(e) The name and address of the consignor.

history: (History: Amended by Stats. 1961, Ch. 617.)

article: 2. Permits


citation: FGC § 2152

text:
Each permit issued shall set forth all of the following:

(a) The number and true scientific name of the species of wild animal for which the permit is granted.

(b) A statement of the manner and conditions under which the entry of such species is permitted.

(c) A statement of the conditions under which the species shall be kept after importation or during transportation.

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

article: 2. Permits


citation: FGC § 2153

text: Whenever any permit is issued under the provisions of this article, one copy shall be sent by the department to the State Department of Food and Agriculture, one copy to the county agricultural commissioner or to the state plant quarantine officer having jurisdiction at the place designated in the application as the probable point of first arrival in the state of such species, and one copy shall accompany each shipment of wild animals involved.

history: (History: Amended by Stats. 1974, Ch. 1503.)

article: 2. Permits


citation: FGC § 2155

text: The provisions of this chapter and regulations adopted pursuant thereto shall apply to the progeny of any wild animal imported or possessed under such laws and regulations, except that no permit shall be required for the possession of progeny if a permit has already been obtained by the owner for the parent, and the progeny are kept at the same site.

article: 2. Permits


citation: FGC § 2156

text: Neither the provisions of this chapter nor the regulations of the commission shall prevent any city or county from enacting ordinances relating to the possession or care of wild animals provided such ordinances are more restrictive.

article: 2. Permits


citation: FGC § 2157

text:
(a) Every person holding a permit issued pursuant to Section 2150 shall uniquely identify each wild mammal that poses a risk to the health and safety of the public and report this identification to the department to maintain in a registry.

(b) The commission shall adopt regulations that address the following:

(1) Identify the mammals that pose a risk to the health and safety of the public and are subject to subdivision (a). This identification shall include the following species of mammals: wild cats, elephants, nonhuman primates, bears, and wolves.

(2) Acceptable forms of identification.

(3) How and when a permittee must notify the department of the unique identifier required in subdivision (a).

(c) The department shall establish a registry listing the permit number, type, expiration date, the name and address of the permittee, and an inventory of each mammal and to the identification assigned or affixed to the mammal pursuant to subdivision (a) that is covered by the permit.

(d) These regulations shall be developed and adopted by the commission, on or before January 1, 2007.

history: (History: Added by Stats. 2005, Ch. 698, Sec. 8. Effective January 1, 2006.)

article: 2. Permits


citation: FGC § 2185

text:
(a) Any person who transports, receives, or imports into the state, or transports within the state, any live wild animal enumerated in or designated pursuant to Section 2118, shall hold that animal in confinement for inspection and immediately notify the nearest enforcing officer of the animal’s arrival. If there is found in any shipment any species not specified in the permit issued under this chapter, or more than the number of any species specified, those animals shall be refused admittance as provided in Section 2189.

(b) Notwithstanding Section 2117, for the purposes of this section, “enforcing officer” means the enforcement personnel of the department, the state plant quarantine officers, and county agricultural commissioners.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 48. (AB 1760) Effective January 1, 2024.)

article: 3. Regulation and Enforcement

path: 3. FISH AND GAME GENERALLY > 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals > 3. Regulation and Enforcement


citation: FGC § 2186

text:
(a) If during inspection upon arrival any wild animal is found to be diseased, or there is reason to suspect the presence of disease, or there is reason to suspect the presence of disease that is or may be detrimental to agriculture, to native wildlife, or to the public health or safety, the diseased animal, and if necessary, the entire shipment shall be destroyed by, or under the supervision of, the enforcing officer, unless no detriment can be caused by its detention in quarantine for a time and under conditions satisfactory to the enforcing officer for disinfection, treatment, or diagnosis, or no detriment can be caused by its return to its point of origin at the option and expense of the owner or possessor.

(b) Notwithstanding Section 2117, for the purposes of this section, “enforcing officer” means the enforcement personnel of the department, the state plant quarantine officers, and county agricultural commissioners.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 36. Effective January 1, 2008.)

article: 3. Regulation and Enforcement


citation: FGC § 2187

text:
(a) Whenever any wild animal is brought into this state under permit, as provided in this chapter, the enforcing officers may, from time to time, examine the conditions under which that species is kept, and report to the department any suspicion or knowledge of any disease or violations of the conditions of the permit or of the regulations promulgated under this chapter. The enforcing officer may order the transfer of the animal to new owners or the correction of the conditions under which the species is being kept if not in conformance with the terms of the permit, at the expense of the owner or possessor. If neither transfer or improvement of conditions is accomplished, the officer may order destruction of the animal.

(b) Notwithstanding Section 2117, for the purposes of this section, “enforcing officer” means the enforcement personnel of the department, the state plant quarantine officers, and county agricultural commissioners.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 37. Effective January 1, 2008.)

article: 3. Regulation and Enforcement


citation: FGC § 2189

text:
(a) As used in this section “nonnative wild animal” means any nonnative animal species, or hybrid thereof, that is not normally domesticated pursuant to this code or regulations adopted pursuant thereto and that is not designated as a furbearing, game, nongame, threatened, or endangered animal.

(b) No person shall import into this state any live nonnative wild animal except pursuant to this chapter or regulations adopted pursuant thereto.

(c) Any live nonnative wild animal that is possessed or transported within this state in violation of this chapter or regulations adopted pursuant thereto shall be disposed of in accordance with regulations adopted pursuant to Section 2122, at the expense of the owner or possessor. The owner or possessor shall pay the costs associated with the seizure, care, holding, transfer, and destruction of the animal.

(d) Any live, nonnative wild animal found at large within this state shall be either summarily destroyed or, if captured, shall be confined for not less than 72 hours following notification of the local humane society. Any local, state, or federal governmental agency that has public safety responsibilities is authorized to implement this subdivision.

(e) If, during the 72-hour holding period, any person claims ownership of the animal, that person shall only be allowed to dispose of the animal pursuant to subdivision (c).

(f) After the 72-hour holding period, if the animal is unclaimed, it shall be disposed of in accordance with regulations adopted pursuant to Section 2122 unless the animal is listed as a threatened or endangered species by either state or federal regulation. Notwithstanding subdivision (c), if the animal is listed as a threatened or endangered species in either regulation, the department shall be notified of the animal’s location and the department shall be responsible for proper disposition.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 38. Effective January 1, 2008.)

article: 3. Regulation and Enforcement


citation: FGC § 2190

text: It is unlawful for any person who keeps in confinement, with or without a permit, any wild animal of a species enumerated in or designated pursuant to Section 2118, to liberate, ship, or transport the animal except in accordance with the conditions of a permit first obtained from the department.

history: (History: Added by renumbering Section 2189 by Stats. 1961, Ch. 617.)

article: 3. Regulation and Enforcement


citation: FGC § 2192

text: Notwithstanding Part 2.5 (commencing with Section 18900) of Division 13 of the Health and Safety Code, Section 11356 of the Government Code, or any other provision of law, regulations of the commission relating to the construction, fixtures, and other minimum caging standards adopted by the commission for the confinement of live wild animals pursuant to this chapter are not building standards subject to the approval of the State Building Standards Commission.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 39. Effective January 1, 2008.)

article: 3. Regulation and Enforcement


citation: FGC § 2193

text:
(a) Every person who holds a permit issued pursuant to Section 2150 shall immediately report by telephone the intentional or unintentional escape or release of the wild animal, to the department and the nearest enforcing officer of the city or county in which the wild animal was released or escaped. The permitholder shall be liable for all expenses associated with efforts to recapture the wild animal. For the purposes of this subdivision, the exhibition of a wild animal on a movie set, film set, television set, still photography set, or any other professional activity allowable under a permit issued pursuant to Section 2150, does not constitute an intentional or unintentional escape or release of the wild animal unless the person exhibiting the wild animal has lost control of the wild animal.

(b) The commission shall promulgate regulations establishing the criteria for permitholders to notify the department prior to taking possession of or transferring an animal and upon the death of an animal.

(c) These regulations shall be developed and adopted by the commission on or before January 1, 2007.

history: (History: Added by Stats. 2005, Ch. 698, Sec. 12. Effective January 1, 2006.)

article: 3. Regulation and Enforcement


citation: FGC § 2195

text: When a wild animal enumerated in, or designated pursuant to, Section 671 of Title 14 of the California Code of Regulations is properly confiscated by the department, the new custodian with whom the animal is placed by the department may bring a civil action to recover the reasonable costs incurred by the custodian for any necessary relocation of the animal to a new facility, any actual and necessary costs to construct new caging to house the animal, and any actual and necessary costs to return the animal to a healthy state, to the extent that the department or new custodian has not already collected the costs pursuant to paragraphs (1) and (2) of subdivision (d) of Section 2125. The prior owner or possessor from whom the animal was confiscated shall be liable for these costs only if the conditions that led to the animal’s confiscation were the result of acts or omissions of the prior owner or possessor.

history: (History: Added by Stats. 2005, Ch. 698, Sec. 13. Effective January 1, 2006.)

article: 3. Regulation and Enforcement


citation: FGC § 2200

text: For purposes of this article, “mammal” means any wild animal of the class Mammalia as specified in Article 1 (commencing with Section 2116) or regulations adopted pursuant thereto which affects commerce.

history: (History: Added by Stats. 1987, Ch. 1231, Sec. 2.)

article: 4. Mammals Used for Hire

path: 3. FISH AND GAME GENERALLY > 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals > 4. Mammals Used for Hire


citation: FGC § 2201

text: The Animal Trust Fund is hereby established in the State Treasury. Upon appropriation by the Legislature, the money in the fund is available to the department for the administration of this article and to make grants pursuant to Section 2203. The department may use not more than 5 percent of the money in the fund for the costs of administering this article.

article: 4. Mammals Used for Hire


citation: FGC § 2202

text: The department may seek grants and accept donations from private and public organizations and agencies for the purposes of this article for deposit in the Animal Trust Fund.

article: 4. Mammals Used for Hire


citation: FGC § 2203

text:
(a) The director, with the advice of the committee established pursuant to Section 2150.3, shall adopt regulations to establish and administer a grant program, including eligibility criteria, by which persons or governmental agencies who operate facilities to care and shelter mammals may apply for grants for maintenance, operations, and capital improvements. The program shall include provisions for emergency grants with an expedited review process.

(b) Each member of the committee who is eligible to receive per diem and mileage shall be allowed per diem and mileage in accordance with the rules of the Department of Human Resources for attending any meeting of the committee involving this article.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 14. (SB 1308) Effective January 1, 2013.)

article: 4. Mammals Used for Hire


citation: FGC § 2207

text: This article shall be known, and may be cited, as the Circus Cruelty Prevention Act.

history: (History: Added by Stats. 2019, Ch. 768, Sec. 1. (SB 313) Effective January 1, 2020.)

article: 5. Circus Cruelty Prevention Act

path: 3. FISH AND GAME GENERALLY > 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals > 5. Circus Cruelty Prevention Act


citation: FGC § 2208

text:
(a) For purposes of this article, except as provided in subdivision (b), the term “circus” means a performance before a live audience in which entertainment consisting of a variety of acts, such as acrobats, aerialists, clowns, jugglers, or stunts, is the primary attraction or principal business.

(b) The term “circus” does not include a rodeo, as defined in Section 596.7 of the Penal Code.

article: 5. Circus Cruelty Prevention Act


citation: FGC § 2209

text:
(a) Notwithstanding any other law, a person shall not sponsor, conduct, or operate a circus in this state that uses any animal other than a domestic dog, domestic cat, or domesticated horse.

(b) Notwithstanding any other law, a person shall not exhibit or use any animal other than a domestic dog, domestic cat, or domesticated horse in a circus in this state.

article: 5. Circus Cruelty Prevention Act


citation: FGC § 2210

text:
(a) In addition to any other penalty provided by law, a person who violates this article, or any rule or regulation adopted pursuant to this article, shall be liable for a civil penalty of no more than twenty-five thousand dollars ($25,000) for each day the person is in violation.

(b) An action against a person who violates this article, or any rule or regulation adopted pursuant to this article, may be brought by the Attorney General, the department, the Department of Food and Agriculture, a district attorney, a city attorney, or a city prosecutor in a city or city and county that has a full-time city prosecutor.

(c) Civil penalties collected pursuant to this section shall be deposited according to the following:

(1) (A) Subject to subparagraph (B), moneys collected by the Attorney General shall be deposited in the General Fund.

(B) If the department, as the investigating agency, refers the matter to the Attorney General for prosecution, 50 percent of the moneys collected shall be deposited in the Fish and Game Preservation Fund and 50 percent shall be deposited in the General Fund.

(2) Moneys collected by the department shall be deposited in the Fish and Game Preservation Fund. The moneys collected pursuant to this section shall be allocated, upon appropriation by the Legislature, to the department for law enforcement purposes.

(3) Moneys collected by the Department of Food and Agriculture shall be deposited in the Circus Cruelty Prevention Account, which is hereby created in the Department of Food and Agriculture Fund, created pursuant to Section 221 of the Food and Agricultural Code. Moneys in the Circus Cruelty Prevention Account shall be available, upon appropriation by the Legislature, to the Department of Food and Agriculture for the purposes of enforcing this article.

(4) (A) Subject to subparagraph (B), moneys collected by a district attorney, a city attorney, or a city prosecutor in a city or city and county that has a full-time city prosecutor shall be deposited in that city’s, county’s, or city and county’s general fund.

(B) If the department, as the investigating agency, refers the matter to the office of a prosecutor described in subparagraph (A), 50 percent of the moneys collected shall be deposited in the Fish and Game Preservation Fund and 50 percent shall be deposited in the city’s, county’s, or city and county’s general fund.

history: (History: Amended by Stats. 2020, Ch. 370, Sec. 118. (SB 1371) Effective January 1, 2021.)

article: 5. Circus Cruelty Prevention Act


citation: FGC § 2225

text: Except as otherwise provided, it is unlawful for any common carrier to transport any live protected nongame bird or any live resident or migratory game bird for which there is no open season.

history: (History: Amended by Stats. 1957, Ch. 1972.)

article: 1. Birds

path: 3. FISH AND GAME GENERALLY > 3. Importation and Transportation of Live Plants and Animals > 1. Birds


citation: FGC § 2250

text: It is unlawful to import or transport any live muskrat (genus Ondatra) into, or possess any live muskrat in, California except under permit issued by the department pursuant to Section 2118, or as otherwise provided by law. A county agricultural commissioner, fish and game deputy, or state plant quarantine officer may enter upon lands or waters west of the crest of the Cascade-Sierra Nevada mountain system, and west and south of the Tehachapi, Liebre, San Gabriel, San Bernardino, San Jacinto, Cuyamaca, and connected mountains south to the international boundary, or in any watershed tributary to, or draining into, the Pacific Ocean to remove or destroy the muskrats.

history: (History: Amended by Stats. 2011, Ch. 296, Sec. 101. (AB 1023) Effective January 1, 2012.)

article: 2. Mammals

path: 3. FISH AND GAME GENERALLY > 3. Importation and Transportation of Live Plants and Animals > 2. Mammals


citation: FGC § 2270

text: It is unlawful for any person to receive, bring, or cause to be brought into this state, for the purpose of propagation, any fish, reptile, amphibian, or aquatic plant from any place wherein any infected, diseased, or parasitized fish, reptile, amphibia, or aquatic plants are known to exist.

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

article: 3. Aquatic Plants and Animals

path: 3. FISH AND GAME GENERALLY > 3. Importation and Transportation of Live Plants and Animals > 3. Aquatic Plants and Animals


text: Section 2270 does not apply to the importation of live aquatic plants or animals for aquaculture purposes by a registered aquaculturist if the importation has been approved by the department pursuant to Section 15600.

history: (History: Added by Stats. 1984, Ch. 1686, Sec. 3. Effective September 30, 1984.)

chapter: 3. Importation and Transportation of Live Plants and Animals

article: 3. Aquatic Plants and Animals


citation: FGC § 2271

text:
(a) No live aquatic plant or animal may be imported into this state without the prior written approval of the department pursuant to regulations adopted by the commission. A written application for the importation, submitted in conformance with the procedural requirements established by the commission, is deemed approved where it has not been denied within 60 days.

(b) This section does not apply to the following plants or animals unless the plants or animals are or may be placed in waters of the state:

(1) Mollusks.

(2) Crustaceans.

(3) Ornamental marine or freshwater plants and animals that are not utilized for human consumption or bait purposes and are maintained in closed systems for personal, pet industry, or hobby purposes.

(c) The section does not apply to any live aquatic plant or animal imported by a registered aquaculturist.

history: (History: Repealed and added by Stats. 1984, Ch. 85, Sec. 4. Effective April 19, 1984.)

article: 3. Aquatic Plants and Animals


citation: FGC § 2272

text: Each package containing any live aquatic plant or animal shall bear, in a conspicuous place, a tag on which shall be stated the name and address of the consignor, the name and address of the consignee, and the exact contents of the package.

history: (History: Amended by Stats. 1984, Ch. 85, Sec. 5. Effective April 19, 1984.)

article: 3. Aquatic Plants and Animals


citation: FGC § 2300

text:
(a) No person shall sell, possess, import, transport, transfer, release alive in the state, or give away without consideration the salt water algae of the genus Caulerpa.

(b) Notwithstanding subdivision (a), a person may possess, for bona fide scientific research, as determined by the department, upon authorization by the department, the salt water algae of the genus Caulerpa.

(c) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation.

history: (History: Amended by Stats. 2023, Ch. 119, Sec. 1. (AB 655) Effective January 1, 2024.)

chapter: 3.5. Aquatic Invasive Species

path: 3. FISH AND GAME GENERALLY > 3.5. Aquatic Invasive Species


citation: FGC § 2301

text:
(a) (1) Except as authorized by the department, a person shall not possess, import, ship, or transport in the state, or place, plant, or cause to be placed or planted in any water within the state, invasive mussels.

(2) The director or the director’s designee may do all of the following:

(A) Conduct inspections of conveyances, which include vehicles, boats and other watercraft, containers, and trailers, that may carry or contain adult or larval invasive mussels. Included as part of this authority to conduct inspections is the authority to temporarily stop conveyances that may carry or contain adult or larval invasive mussels on any roadway or waterway in order to conduct inspections.

(B) Order that areas in a conveyance that contain water be drained, dried, or decontaminated pursuant to procedures approved by the department.

(C) Impound or quarantine conveyances in locations designated by the department for the period of time necessary to ensure that invasive mussels can no longer live on or in the conveyance.

(D) (i) Conduct inspections of waters of the state and facilities located within waters of the state that may contain invasive mussels. If invasive mussels are detected or may be present, the director or the director’s designee may order the affected waters or facilities closed to conveyances or otherwise restrict access to the affected waters or facilities, and shall order that conveyances removed from, or introduced to, the affected waters or facilities be inspected, quarantined, or disinfected in a manner and for a duration necessary to detect and prevent the spread of invasive mussels within the state.

(ii) For the purpose of implementing clause (i), the director or the director’s designee shall order the closure or quarantine of, or restrict access to, these waters, areas, or facilities in a manner and duration necessary to detect and prevent the spread of invasive mussels within the state. A closure, quarantine, or restriction shall not be authorized by the director or the director’s designee without the concurrence of the Secretary of the Natural Resources Agency. If a closure lasts longer than seven days, the department shall update the operator of the affected facility every 10 days on efforts to address the invasive mussel infestation. The department shall provide these updates in writing and also post these updates on the department’s internet website in an easily accessible manner.

(iii) The department shall develop procedures to ensure proper notification of affected local and federal agencies, and, as appropriate, the Department of Water Resources, the Department of Parks and Recreation, and the State Lands Commission in the event of a decision to close, quarantine, or restrict a facility pursuant to this paragraph. These procedures shall include the reasons for the closure, quarantine, or restriction, and methods for providing updated information to those affected. These procedures shall also include protocols for the posting of the notifications on the department’s internet website required by clause (ii).

(iv) When deciding the scope, duration, level, and type of restrictions, and specific location of a closure or quarantine, the director shall consult with the agency, entity, owner, or operator with jurisdiction, control, or management responsibility over the marina, boat launch facility, or other facility, in order to focus the closure or quarantine to specific areas and facilities so as to avoid or minimize disruption of economic or recreational activity in the vicinity.

(b) (1) Upon a determination by the director that it would further the purposes of this section, other parties or state agencies, including, but not limited to, the Department of Parks and Recreation, the Department of Water Resources, the Department of Food and Agriculture, and the State Lands Commission, may exercise the authority, or portions of that authority, granted to the department in subdivision (a).

(2) A determination made pursuant to paragraph (1) shall be in writing and shall remain in effect until withdrawn, in writing, by the director.

(c) (1) Except as provided in paragraph (2), Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the implementation of this section.

(2) An action undertaken pursuant to subparagraph (B) of paragraph (2) of subdivision (a) involving the use of chemicals other than salt or hot water to decontaminate a conveyance or a facility is subject to Division 13 (commencing with Section 21000) of the Public Resources Code.

(d) (1) A public or private agency that operates a water supply system shall cooperate with the department to implement measures to avoid infestation by invasive mussels and to control or eradicate any infestation that may occur in a water supply system. If invasive mussels are detected, the operator of the water supply system, in cooperation with the department, shall prepare and implement a plan to control or eradicate invasive mussels within the system, and eliminate or minimize any potential downstream transport of an invasive mussel. The approved plan shall contain the following minimum elements:

(A) Methods for delineation of infestation, including both adult mussels and veligers.

(B) Methods for control or eradication of adult mussels and decontamination of water containing larval mussels.

(C) A systematic monitoring program to determine any changes in conditions.

(D) The requirement that the operator of the water supply system permit inspections by the department as well as cooperate with the department to update or revise control or eradication measures in the approved plan to address scientific advances in the methods of controlling or eradicating mussels and veligers.

(2) If the operator of water delivery and storage facilities for public water supply purposes has prepared, initiated, and is in compliance with all the elements of an approved plan to control or eradicate invasive mussels in accordance with paragraph (1), the requirements of subdivision (a) do not apply to the operation of those water delivery and storage facilities, and the operator is not subject to any civil or criminal liability for the introduction of invasive mussel species as a result of those operations. The department may require the operator of a facility to update its plan, and if the plan is not updated or revised as described in this subdivision, subdivision (a) shall apply to the operation of the water delivery and storage facilities covered by the plan until the operator updates or revises the plan and initiates and complies with all of the elements of the updated or revised plan.

(3) On or before December 31, 2026, the department shall review all approved plans pursuant to this subdivision and require all plans that do not specifically address all invasive mussel species known to be present in bodies of water in the state as of January 1, 2026, to be updated or revised appropriately to include all invasive mussel species, on or before September 30, 2027.

(4) Every invasive mussel species shall be addressed in a plan pursuant to this subdivision no later than 180 days from the date that the species is listed in a regulation as described in Section 2303. The department shall approve plans or provide written comments and suggestions on plan deficiencies within 180 days from the date of plan submission.

(e) Any entity that discovers invasive mussels within this state shall immediately report the discovery to the department.

(f) (1) In addition to any other penalty provided by law, any person who violates this section, violates any verbal or written order or regulation adopted pursuant to this section, or who resists, delays, obstructs, or interferes with the implementation of this section, is subject to a penalty, in an amount not to exceed one thousand dollars ($1,000), that is imposed administratively by the department.

(2) A penalty shall not be imposed pursuant to paragraph (1) unless the department has adopted regulations specifying the amount of the penalty and the procedure for imposing and appealing the penalty.

(g) The department may adopt regulations to carry out this section.

(h) Pursuant to Section 818.4 of the Government Code, the department and any other state agency exercising authority under this section shall not be liable with regard to any determination or authorization made pursuant to this section.

(i) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date.

history: (History: Amended by Stats. 2025, Ch. 106, Sec. 2. (AB 149) Effective September 17, 2025. Repealed as of January 1, 2030, by its own provisions.)


citation: FGC § 2302

text:
(a) Any person, or federal, state, or local agency, district, or authority that owns or manages a reservoir, as defined in Section 6004.5 of the Water Code, where recreational, boating, or fishing activities are permitted, except a privately owned reservoir that is not open to the public, shall do both of the following:

(1) Assess the vulnerability of the reservoir for the introduction of invasive mussel species.

(2) Develop and implement a program designed to prevent the introduction of invasive mussel species.

(b) The program shall include, at a minimum, all of the following:

(1) Public education.

(2) Monitoring.

(3) Management of those recreational, boating, or fishing activities that are permitted.

(c) Any person, or federal, state, or local agency, district, or authority, that owns or manages a reservoir, as defined in Section 6004.5 of the Water Code, where recreational, boating, or fishing activities of any kind are not permitted, except a privately owned reservoir that is not open to the public, shall, based on its available resources and staffing, include visual monitoring for the presence of mussels as part of its routine field activities.

(d) Any entity that owns or manages a reservoir, as defined in Section 6004.5 of the Water Code, except a privately owned reservoir that is not open to the public for recreational, boating, or fishing activities, may refuse the planting of fish in that reservoir by the department unless the department can demonstrate that the fish planting does not present a risk of introducing invasive mussels.

(e) Except as specifically set forth in this section, this section applies both to reservoirs that are owned or managed by governmental entities and reservoirs that are owned or managed by private persons or entities.

(f) Violation of this section is not subject to the sanctions set forth in Section 12000. In lieu of any other penalty provided by law, a person who violates this section shall, instead, be subject to a civil penalty, in an amount not to exceed one thousand dollars ($1,000) per violation, that is imposed administratively by the department. To the extent that sufficient funds and personnel are available to do so, the department may adopt regulations establishing procedures to implement this subdivision and enforce this section.

(g) This section shall not apply to a reservoir in which invasive mussels have been detected.

history: (History: Amended by Stats. 2025, Ch. 106, Sec. 3. (AB 149) Effective September 17, 2025.)


citation: FGC § 2303

text: For purposes of this chapter, “invasive mussel” means any nonnative detrimental mussel species that is capable of spreading in freshwater and is listed in a regulation adopted by the commission pursuant to Section 2118.

history: (History: Added by Stats. 2025, Ch. 106, Sec. 4. (AB 149) Effective September 17, 2025.)


citation: FGC § 2345

text: This article applies to all dead wild birds, mammals, fish, reptiles, and amphibians. This article also applies to live mollusks and crustaceans that are transported for purposes other than placement in the waters of this state. This article does not apply to animals imported for purposes of aquaculture under Division 12 (commencing with Section 15000).

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 40. Effective January 1, 2008.)

path: 3. FISH AND GAME GENERALLY > 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia > 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia


citation: FGC § 2346

text: It is unlawful for a common carrier or his or her agent to transport for, or to receive for transportation from, any one person, during any interval of time, more than the bag limit of birds, mammals, fish, reptiles, or amphibians that may legally be taken and possessed by that person during that interval.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 41. Effective January 1, 2008.)

chapter: 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia

article: 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia


citation: FGC § 2347

text: It is unlawful for any person to offer for transportation by common carrier during any interval of time more than the bag limit of birds, mammals, fish, reptiles, or amphibians that may legally be taken and possessed by that person during that interval.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 42. Effective January 1, 2008.)


citation: FGC § 2348

text:
(a) The outside of a package offered to or received by a common carrier or the carrier’s agent for transportation, or transported by a common carrier or agent, that contains a bird, mammal, fish, reptile, or amphibian, shall clearly and conspicuously indicate the following:

(1) The name and address of the shipper.

(2) The name and address of the consignee.

(3) The number and kind of bird, mammal, fish, reptile, and amphibian contained in the package.

(b) Licensed commercial fishermen and licensed commercial fish dealers are subject to all of the provisions of this section, except that commercial shipments of fish may be indicated by total net weight of each species instead of by numbers.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 52. (AB 1527) Effective January 1, 2016.)


citation: FGC § 2349

text: No bird, mammal, fish, reptile, or amphibian, except smoked, cured, or dried fish other than trout, may be shipped by parcel post.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 44. Effective January 1, 2008.)


citation: FGC § 2350

text: It is unlawful to transport or carry a deer or game bird out of this state, except by the holder of a nonresident hunting license or under a written permit issued by the department.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 53. (AB 1527) Effective January 1, 2016.)


citation: FGC § 2352

text: Except as permitted by this code, it is unlawful for any common carrier to transport any protected nongame bird, or to transport any resident or migratory game bird for which there is no open season.


citation: FGC § 2353

text:
(a) Birds, mammals, fish, reptiles, or amphibians shall not be imported or possessed in this state unless all of the following requirements are met:

(1) The animals were legally taken and legally possessed outside of this state.

(2) This code and regulations adopted pursuant thereto do not expressly prohibit their possession in this state.

(3) A declaration is submitted to the department or a designated state or federal agency at or immediately before the time of entry, in the form and manner prescribed by the department.

(b) Birds, mammals, fish, reptiles, or amphibians legally taken and legally possessed outside of this state may be imported into this state and possessed without a declaration if the shipment is handled by a common carrier under a bill of lading or as supplies carried into this state by common carriers for use as food for the passengers.

(c) The commission and the department shall not modify this section by any regulation that would prohibit the importation of lawfully killed migratory game birds taken in any other state or country and transported into this state pursuant to the migratory bird regulations adopted annually by the Secretary of the Interior.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 45. Effective January 1, 2008.)


citation: FGC § 2354

text: Marlin meat may not be transported out of this State.

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


citation: FGC § 2355

text: Deer may be transported into this State only when in accordance with the law of the state in which the deer was taken, and when in accordance with the law of this State and the regulations of the commission adopted pursuant thereto.


citation: FGC § 2356

text:
(a) It is unlawful to offer for shipment, ship, receive for shipment, or transport from this state, any trout taken in the waters of this state, except as provided in subdivision (b):

(b) The following persons may personally transport from this state not more than one daily bag limit of trout:

(1) The holder of a nonresident sport fishing license.

(2) A person on active military duty with the Armed Forces of the United States who possesses a valid angling license.

(3) A person on active military duty with an auxiliary branch of the Armed Forces of the United States who possesses a valid angling license.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 49. (AB 1760) Effective January 1, 2024.)


citation: FGC § 2358

text: It is unlawful to ship trout into an area where the season is closed unless the shipment is accompanied by a written statement containing the name and address of, and signed by, the person taking the trout, and countersigned, for the purpose of identification, by the agent of the carrier to whom the trout are offered for shipment.