STATE LEGISLATION

    It is unlawful to take or possess any migratory nongame bird as designated in the Migratory Bird Treaty Act, DFG Code 3513, 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. Responsible/Regulatory Agency: U.S. Department of Interior and California Department of Fish and Game (DFG).

    The Wildlife Conservation Law of 1947 (DFG Code 1300-1375) established the policy of the State" to acquire and restore to the highest possible level, and maintain in a State of high productivity, those areas that can be most successfully used to sustain wildlife and which will provide adequate and suitable recreation. This law established a single and coordinated program for the acquisition of lands and facility suitable for recreational purposes, and adoptable for conservation, propagation, and utilization of the fish and game resources of the State under the Wildlife Conservation Board administered by the California State Department of Fish and Game.

    The Wildlife Conservation Board investigates, studies, and determines: (1) what areas within the State are most essential and suitable for wildlife production and preservation, and will provide suitable recreation; (2) what lands within the State are suitable for game propagation, game refuges, bird refuges, waterfowl refuges, game farms, fish hatcheries, and game management areas; (3) what streams and lakes are suitable for, or can be made suitable for, fishing, hunting, and shooting; and (4) what lands are suitable for providing cover for the propagation and rearing in a wild state of waterfowl, shorebirds and upland birds, and the possibilities of acquiring easements on such lands to provide cover.

    As a result of such studies, the board determines what areas, lands, or rights in lands or waters should be acquired by the State in order to effectuate a coordinated and balanced program resulting in the maximum restoration of wildlife in the State and in the maximum recreational advantages to the people of the State.

    The California Endangered Species Act (CESA), DFG Code §2050 et seq., recognizes the importance of endangered and threatened fish, wildlife and plant species and their habitats for their ecological, educational, historical, recreational, economic, aesthetic and, scientific values. The Act declares the conservation, protection, and enhancement of these species and their habitats to be of Statewide concern. Codes 2052-2098 are provisions intended to meet the goal of endangered and threatened species protection.

    The taking of any endangered, threatened, or rare plant and/or animal species in the State is prohibited by the CESA unless the take is specifically permitted by DFG for scientific education or management purposes. In addition, CESA requires that State agencies not jeopardize the continued existence of any listed species either through projects undertaken by the agency or as a result of permits or agreements issued by the agency. To effectuate this requirement, State lead agencies are required to consult with DFG regarding project effects on endangered and threatened species. The Act requires DFG to issue written findings regarding the effects of the project on endangered and threatened species and their habitats. State lead agencies are required to adopt feasible alternatives or mitigation measures to minimize adverse impacts. Consultation is optional for non-State lead agencies or project proponents. CESA requires DFG to provide guidelines for informal consultation. The purpose of informal consultation is to identify endangered species concerns to the project proponent or lead agency as early as possible. The CESA also details the procedures for listing the species and protects species which are candidates for listing. Regulatory/Responsible Agency: California Department of Fish and Game (DFG).

    This State policy, Fish and Game Code §1755 et seq., is intended to maintain sufficient populations of all species of wildlife and native plants and their habitats in order to meet the following objectives: (1) to provide for the beneficial use of wildlife and plants for the citizens of the State; (2) to perpetuate these resources for their intrinsic and ecological values; and (3) to provide for aesthetic, educational and non-appropriative uses of these resources. Except for hunting, funding for the conservation and enhancement of these resources should be borne from general public funds. Regulatory/Responsible Agency: California Department of Fish and Game (DFG).

    The California Native Plant Protection Act (NPPA), Fish and Game Code §1900 et. seq., preserves, protects, and enhances endangered or rare species, subspecies, and varieties of native plants of the State. Sections 1901-1913 are provisions which are intended to meet the goal of native plant protection. The Legislature finds that many species and subspecies of native plants are endangered because their habitats are threatened with destruction, drastic modification, or severe curtailment, or because of commercial exploitation or by other means, or because of disease or other factors. As under CESA, plants are listed by the State Fish and Game Commission as endangered or rare after notice and a public hearing. NPPA's definitions of "endangered" and "rare" species closely parallel CESA's definitions of "endangered" and "threatened" species. The cumulative list of endangered, threatened and rare plant species listed under both CESA and the NPPA is published at 14 Cal Code Regs. Section 670.2. Once a plant is listed under the NPPA, DFG is required to notify owners of land upon which that plant is growing, of the plant's existence and "provide such information about the protection of such plant...as may be appropriate." In addition, like the Federal and State Endangered Species Acts, the NPPA prohibits any person from taking endangered and rare plants. Property owners are required to notify DFG at least 10 days in advance of changing the land use to allow for plant salvage. Regulatory/Responsible Agency: California Department of Fish and Game (DFG).

    The Natural Community Conservation Planning Act (NCCPA), Fish and Game Code §2800 et seq., is a legislative attempt to minimize increasing conflicts between urban development and endangered, threatened, proposed, candidate, and other sensitive species. The primary goals of the NCCPA are to "conserve long-term viable populations of California's native animal and plant species and their habitats in areas large enough to ensure their continued existence," while at the same time allowing for "compatible and appropriate" urban growth and economic development. By attempting to protect multiple species and their habitats in advance of listing, the NCCPA aims to conserve species before risks to their survival reach crisis proportions. In addition, the NCCPA is intended to avoid the difficulties (both from a species protection and an economic standpoint) that arise when a proposed or candidate species is listed after development of the species' habitat has already begun. The NCCPA does not supersede the requirements of the ESA, CESA, or the NPPA, although compliance with the NCCPA may meet some of the requirements of these other endangered species laws. Regulatory/Responsible Agency: California Department of Fish and Game (DFG).

    Fully protected birds or parts thereof may not be taken or possessed at any time and 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 such permits or licenses heretofore issued shall have any force or effect for any such purpose; except that the commission may authorize the collecting of such species for necessary scientific research and may authorize the live capture and relocation of such species pursuant to a permit for the protection of livestock. Legally imported fully protected birds or parts thereof may be possessed under a permit issued by the department.

The following are fully protected birds:

1. American peregrine falcon (Falco peregrinus anatum)
2. Brown pelican (Pelecanus occidentalis californicus)
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 (Aquila chrysaetos)
8. Greater sandhill crane (Grus candadensis tabida)
9. Light-footed clapper rail (Rallus longirostris levipes)
10. Southern bald eagle (Haliaeetus leucocephalus)
11. Trumpeter swan (Cygnus buccinator)
12. Black-shouldered kite (Elanus caeruleus)
13. Yuma clapper rail (Rallus longirostris yumanensis)

    Fully protected mammals or parts thereof may not be taken or possessed at any time and 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 mammal and no such permits or licenses heretofore issued shall have any force or effect for any such purpose; except that the commission may authorize the collecting of such species for necessary scientific research. Legally imported fully protected mammals or parts thereof may be possessed under a permit issued by the department.

The following are fully protected mammals:

1. Morro Bay kangaroo rat (Dipodomys heermanni morroensis).
2. Bighorn sheep (Ovis canadensis) except Nelson bighorn sheep (subspecies Ovis canadensis nelsoni) in the area described in subdivision (b) of Section 4902.
3. Northern elephant seal (Mirounga angustirostris).
4. Guadalupe fur seal (Arctocephalus townsendi).
5. Ring-tailed cat (Genus bassariscus).
6. Pacific right whale (Eubalaena sieboldi).
7. Salt-marsh harvest mouse (Reithrodontomys raviventris).
8. Southern sea otter (Enhydra lutris nereis).
9. Wolverine (Gulo luscus).

    Fully protected reptiles and amphibians or parts thereof may not be taken or possessed at any time and 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 reptile or amphibian and no such permits or licenses heretofore issued shall have any force or effect for any such purpose; except that the commission may authorize the collecting of such species for necessary scientific research. Legally imported fully protected reptiles of amphibians or parts thereof may be possessed under a permit issued by the department.

The following are fully protected reptiles and amphibians:

1. Blunt-nosed leopard lizard (Crotaphytus wislizenii silus)
2. San Francisco garter snake (Thamnophis sirtalis tetrataenia)
3. Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum)
4. Limestone salamander (Hydromantes brunus)
5. Black toad (Bufo boreas exsul).

    The Legislature hereby declares that the policy of the State is to protect threatened or endangered native plants, wildlife, or aquatic organisms or specialized habitat types, both terrestrial and aquatic, or large heterogeneous natural marine gene pools for the future use of mankind through the establishment of ecological reserves. For the purpose of establishing those ecological reserves, the department, with the approval of the commission, may obtain, accept on behalf of the State, acquire, or control, by purchase, lease, easement, gift, rental, memorandum of understanding, or otherwise, and occupy, develop, maintain, use and administer land, or land and water, or land and water rights, suitable for the purpose of establishing ecological reserves.