SECTIONS 3500-3516 - California Statutes

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.