3500-3516
FISH AND GAME CODE
SECTION 3500-3516
3500. (a) Resident game birds are as follows: (1) Doves of the genus Streptopelia, including, but not limited to, spotted doves, ringed turtledoves, and Eurasian collared-doves. (2) California quail and varieties thereof. (3) Gambel's or desert quail. (4) Mountain quail and varieties thereof. (5) Sooty or blue grouse and varieties thereof. (6) Ruffed grouse. (7) Sage hens or sage grouse. (8) Hungarian partridges. (9) Red-legged partridges including the chukar and other varieties. (10) Ring-necked pheasants and varieties thereof. (11) Wild turkeys of the order Galliformes. (b) Migratory game birds are as follows: (1) Ducks and geese. (2) Coots and gallinules. (3) Jacksnipe. (4) Western mourning doves. (5) White-winged doves. (6) Band-tailed pigeons. (c) References in this code to "game birds" means both resident game birds and migratory game birds. 3501. It is unlawful to use any powerboat, motor vehicle, or airplane to drive any game bird toward another person with the intent that the other person shall take the bird. 3502. It is unlawful to use any mammal (except a dog) or an imitation of a mammal as a blind in approaching or taking game birds. 3503. It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto. 3503.5. It is unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto. 3504. Subject to the provisions of this code permitting the sale of domestically raised game birds, it is unlawful to sell or purchase any game bird or nongame bird or part thereof. 3505. It is unlawful to take, sell, or purchase any aigrette or egret, osprey, bird of paradise, goura, numidi, or any part of such a bird. 3508. It is unlawful to break, train, hold field trials with, or practice dogs on any wild game bird or domesticated game bird during the closed season on that bird except as authorized by the commission. 3511. (a) (1) Except as provided in Section 2081.7, fully protected birds or parts thereof may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to take any fully protected bird, and no permits or licenses heretofore issued shall have any force or effect for that purpose. However, the department may authorize the taking of those species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species, and may authorize the live capture and relocation of those species pursuant to a permit for the protection of livestock. Prior to authorizing the take of any of those species, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an e-mail address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide any relevant information and comments on the proposed authorization. (2) As used in this subdivision, "scientific research" does not include any actions taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. (3) Legally imported fully protected birds or parts thereof may be possessed under a permit issued by the department. (b) The following are fully protected birds: (1) American peregrine falcon (Falco peregrinus anatum). (2) Brown pelican. (3) California black rail (Laterallus jamaicensis coturniculus). (4) California clapper rail (Rallus longirostris obsoletus). (5) California condor (Gymnogyps californianus). (6) California least tern (Sterna albifrons browni). (7) Golden eagle. (8) Greater sandhill crane (Grus canadensis tabida). (9) Light-footed clapper rail (Rallus longirostris levipes). (10) Southern bald eagle (Haliaeetus leucocephalus leucocephalus). (11) Trumpeter swan (Cygnus buccinator). (12) White-tailed kite (Elanus leucurus). (13) Yuma clapper rail (Rallus longirostris yumanensis). 3513. It is unlawful to take or possess any migratory nongame bird as designated in the Migratory Bird Treaty Act or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Treaty Act. 3514. Exotic nonresident game birds are those birds of the order Galliformes (pheasant, grouse, quail) which are not established as a wild resident population in this State. 3515. Exotic nonresident game birds may be released in this State only on prior approval of the commission. 3516. The commission may adopt such regulations as it deems necessary to govern the release, taking, and possession of exotic nonresident game birds. The commission may adopt such regulations as it deems necessary to govern the inspection of resident game birds imported into this State.