SECTIONS 80101-80108 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 80101-80108

80101. (a) The commissioner or the sheriff of a county subject to
this division shall issue, in accordance with this division, permits,
wood receipts, tags, and seals for a fee as prescribed by the board
of supervisors of the county where the native plants are located.
(b) The fee shall not be less than one dollar ($1) per plant for
all native plants, except as follows:
(1) For Yucca brevifolia (Joshua tree), not less than two dollars
($2) per plant.
(2) For trees, live or dead, mesquite, palo verde, or ironwood
species of trees, cut or removed for wood, as provided in Section
80103, not less than one dollar ($1) per cord.
(3) For Yucca Schidigera used for commercial harvesting, not less
than three dollars ($3) per ton.
(c) The fees shall cover the cost of issuing a permit and may
cover other related costs, including, but not limited to,
administration, enforcement, and research costs. The permit shall
specify, among other things, the species of native plants which may
be harvested, the area from which plants may be harvested, and the
manner in which plants may be harvested.
(d) No person, except as provided in this division, shall harvest,
transport, offer for sale, or have in his or her possession any
native plant, unless, at the time of harvesting, he or she has a
valid permit or valid wood receipt therefor on his or her person,
attaches the required tags and seals to the native plants, and
exhibits the permit, wood receipt, and tags and seals upon request
for inspection by any duly authorized agent of the commissioner or
any peace officer as provided in this division. No wood receipt or
tag and seal is valid unless it is issued with a valid permit and the
permit bears the tag number or wood receipt number on its face.
(e) Native plants which have been tagged and sealed, as provided
in this section, may be transported under a California nursery stock
certificate or a shipping permit.

80102. (a) Each permit authorizing the harvesting, transporting, or
possessing of native plants, except trees cut or removed for wood as
provided in Section 80103, shall be accompanied by a sufficient
number of tags and seals. The permittee or his or her agent shall
attach the tags and seals to the native plants at the time of
harvesting and before transporting in such manner as prescribed by
the commissioner of the county in which the native plants are
located. After any native plant has been legally harvested and tagged
or sealed as provided in this division, it is unlawful to remove the
tag or seal until the plant has been transplanted into its ultimate
site for landscaping or decoration. The tag or seal may be removed
from the plant only by the commissioner or the ultimate owner of the
plant, who shall retain the tag or seal as proof of ownership.
(b) No permit or tag or seal is transferable by the permittee or
his or her agent, nor shall it be used by anyone except that person
to whom the permit or tag or seal was issued, and no refunds shall be
made for the purchase thereof.
(c) Every permittee is responsible for the acts of any other
person or persons acting under any authority, express or implied, of
the permittee.

80103. (a) Each permit authorizing the harvesting, transporting, or
possessing of live or dead mesquite, palo verde, or ironwood species
of trees which are harvested for wood, shall be accompanied by a
wood receipt. Any required wood receipt shall be in the possession of
the person harvesting, transporting, or possessing the wood.
(b) No permit or wood receipt is transferable by the permittee or
his or her agent, nor shall it be used by anyone other than the
person to whom the permit or wood receipt was issued or his or her
agent or employee, except that the wood receipt shall be transferred
by the permittee or his or her agent or employee to the purchaser of
the wood covered by the receipt as proof of ownership.

80104. Any person in possession of a valid permit for the removal
of dead plants or wood issued by the United States Forest Service,
the National Park Service, or the Bureau of Land Management, or any
person in compliance with appropriate federal regulations and
policies allowing the removal of dead plants or wood from lands
administered by the Bureau of Land Management, is not required to
obtain a permit pursuant to this division for the removal or
possession of those dead plants or wood.

80105. The director may adopt necessary rules and regulations not
in conflict with this division for the enforcement of its provisions.

80106. The director or any of his or her duly authorized agents,
any commissioner, or any peace officer is authorized and directed to
enter in or upon any premises or other place, train, vehicle, or
other means of transportation within or entering the state, which is
suspected of containing or having present therein or thereon native
plants in violation of this division, in order to examine permits and
wood receipts and observe tags and seals.

80107. When any power or authority is given by any provision of
this division to any person, it may be exercised by any deputy,
inspector, or agent duly authorized by that person. Any person in
whom the enforcement of any provision of this division is vested has
the power of a peace officer as to that enforcement, which shall
include state or federal agencies with which cooperative agreements
have been made by the department to enforce any provision of this
division.

80108. Any county may adopt ordinances not in conflict with this
division for the preservation of native plants specified in Sections
80072 and 80073.