Chapter 10. Native Plant Protection of California Fish And Game Code >> Division 2. >> Chapter 10.
The intent of the Legislature and the purpose of this chapter
is to preserve, protect and enhance endangered or rare native plants
of this state.
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.
The department shall establish criteria for determining if a
species, subspecies, or variety of native plant is endangered or
rare. As used in this chapter, "native plant" means a plant growing
in a wild uncultivated state which is normally found native to the
plantlife of this state. A species, subspecies, or variety is
endangered when its prospects of survival and reproduction are in
immediate jeopardy from one or more causes. A species, subspecies, or
variety is rare when, although not presently threatened with
extinction, it is in such small numbers throughout its range that it
may become endangered if its present environment worsens.
The commission may, after public hearing, designate
endangered and rare native plants. To the extent that the location of
such plants is known, the department shall notify the owners of such
land of the fact that a rare or endangered native plant is growing
thereon and provide such information about the protection of such
plants as may be appropriate.
The department may undertake botanical research and field
investigations and may collect and diffuse such statistics and
information as shall pertain to the conservation, protection, and
perpetuation of native plants.
Nothing in this code or any other law shall prohibit the
department from taking, for scientific or propagation purposes, any
species of native plants. The department may import, propagate, and
distribute native plants.
(a) The commission may adopt regulations governing the
taking, possession, propagation, transportation, exportation,
importation, or sale of any endangered or rare native plants. Such
regulations may include, but shall not be limited to, requirements
for persons who perform any of the foregoing activities to maintain
written records and to obtain permits which may be issued by the
(b) Persons engaged in the production, storage, sale, delivery, or
transportation of nursery stock pursuant to the provisions of Part 3
(commencing with Section 6701) of Division 4 of the Food and
Agricultural Code shall not be required to obtain a permit pursuant
to this chapter unless such activities involve the collection of rare
or endangered plants or parts or products thereof growing in a wild,
(c) Persons who purchase nursery grown stock shall not be required
to obtain a permit pursuant to this chapter.
No person shall import into this state, or take, possess, or
sell within this state, except as incident to the possession or sale
of the real property on which the plant is growing, any native plant,
or any part or product thereof, that the commission determines to be
an endangered native plant or rare native plant, except as otherwise
provided in this chapter.
When any power or authority is given by any provision of this
chapter to any person, it may be exercised by any deputy, inspector,
or agent duly authorized by such person. Any person in whom the
enforcement of any provision of this chapter is vested has the power
of a peace officer as to such enforcement, which shall include state
and federal agencies, and the State of Nevada, State of Oregon, or
State of Arizona with which cooperative agreements have been made by
the department to enforce any provisions of this chapter.
A peace officer or an employee or agent of the department
may, in the enforcement of this chapter, make arrests without warrant
for a violation of this chapter he may witness, and may confiscate
plants or parts thereof when unlawfully taken, transported,
possessed, sold, or otherwise, in violation of this chapter. The
provisions of this chapter are in addition to the provisions of
Section 384a of the Penal Code.
All state departments and agencies shall, in consultation
with the department, utilize their authority in furtherance of the
purposes of this chapter by carrying out programs for the
conservation of endangered or rare native plants. Such programs
include, but are not limited to, the identification, delineation and
protection of habitat critical to the continued survival of
endangered or rare native plants.
The provisions of this chapter shall not be applicable to
emergency work necessary to protect life or property; however,
notification by the person or agency performing such emergency work
shall be made to the department within 14 days of the commencement of
(a) The provisions of this chapter are not intended and shall
not be construed as authorizing any public agency to mandate,
prescribe, or otherwise regulate agricultural operations or
management practices, including the clearing of land for agricultural
practices or fire control measures.
(b) Notwithstanding the provisions of Section 1911, timber
operations in accordance with a timber harvesting plan submitted
pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act
of 1973 (commencing with Section 4511 of the Public Resources Code),
or required mining assessment work pursuant to federal or state
mining laws, or the removal of endangered or rare native plants from
a canal, lateral ditch, building site, or road, or other right-of-way
by the owner of the land or his agent, or the performance by a
public agency or a publicly or privately owned public utility of its
obligation to provide service to the public, shall not be restricted
by this chapter because of the presence of rare or endangered plants,
except as provided in subdivision (c) of this section.
(c) Notwithstanding the provisions of subdivisions (a) and (b) of
this section, where the owner of land has been notified by the
department pursuant to Section 1903.5 that a rare or endangered
native plant is growing on such land, the owner shall notify the
department at least 10 days in advance of changing the land use to
allow for salvage of such plant. The failure by the department to
salvage such plant within 10 days of notification shall entitle the
owner of the land to proceed without regard to this chapter.
Submission of a timber harvesting plan pursuant to the Z'berg-Nejedly
Forest Practice Act of 1973 (commencing with Section 4511 of the
Public Resources Code) shall constitute notice under this section.
Converting from one type of agricultural use, as defined in Section
51201 of the Government Code, to another type of agricultural use
shall not constitute a change in land use.