SECTIONS 80071-80075 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 80071-80075

80071. The botanical names of the plants referred to in this
chapter shall, in all cases, govern in the interpretation of this
division.

80072. The following native plants, or any parts thereof, may not
be harvested except for scientific or educational purposes under a
permit issued by the commissioner of the county in which the native
plants are growing:
(a) All species of Burseraceae family (elephant tree).
(b) Carnegiea gigantea (sahuaro cactus).
(c) Ferocactus acanthodes (barrel cactus).
(d) Castela emoryi (crucifixion thorn).
(e) Dudleya saxosa (panamint dudleya).
(f) Pinus longaeva (bristlecone pine).
(g) Washingtonia filifera (fan palm).

80073. The following native plants, or any part thereof, may not be
harvested except under a permit issued by the commissioner or the
sheriff of the county in which the native plants are growing:
(a) All species of the family Agavaceae (century plants, nolinas,
yuccas).
(b) All species of the family Cactaceae (cacti), except for the
plants listed in subdivisions (b) and (c) of Section 80072 which may
be harvested under a permit obtained pursuant to that section.
(c) All species of the family Fouquieriaceae (ocotillo,
candlewood).
(d) All species of the genus Prosopis (mesquites).
(e) All species of the genus Cercidium (palos verdes).
(f) Acacia greggii (catclaw).
(g) Atriplex hymenelytra (desert-holly).
(h) Dalea spinosa (smoke tree).
(i) Olneya tesota (desert ironwood), including both dead and live
desert ironwood.
The fruit from the native plants listed in this section may be
harvested without a permit.
The commissioner may establish limits on the quantity of desert
ironwood which may be taken under any permit and on the number of
permits for the taking of desert ironwood which may be issued. The
commissioner may adopt such rules and regulations as may be necessary
for the protection of the ironwood resource.
Notwithstanding the foregoing provisions of this section, the
director may add desert ironwood to, or remove it from, the
jurisdiction of this division pursuant to Section 80074.

80074. After consultation with the Secretary of the Resources
Agency and after a public hearing, the secretary may add to, or
remove from, the jurisdiction of this division a native plant. A
public hearing on native plants may be held at least once every 24
months in a county subject to this division and in a location that is
convenient to a large segment of the public.
In deciding whether to call a public hearing, the secretary may
consider a request from a public or private group, including
concerned citizens, and the secretary shall convene such a hearing
when requested by resolution of any county board of supervisors. The
secretary may consider at the hearing which plants are in need of
protection and whether the boundaries of the area to be protected
should be changed pursuant to Section 80003.

80075. Any native plant that is declared to be a rare, endangered,
or threatened species by federal or state law or regulations,
including, but not limited to, the Fish and Game Code, is exempt from
this division.