Chapter 1. General Provisions of California Fish And Game Code >> Division 4. >> Part 2. >> Chapter 1.
(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.
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.
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.
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.
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.
Subject to the provisions of this code permitting the sale of
domestically raised game birds, it is unlawful to sell or purchase a
game bird or nongame bird.
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.
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.
(a) (1) Except as provided in this section, Section 2081.7,
or Section 2835, a fully protected bird 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 a permit or license to take a
fully protected bird, and no permit or license previously issued
shall have any force or effect for that purpose. However, the
department may authorize the taking of a fully protected bird for
necessary scientific research, including efforts to recover fully
protected, threatened, or endangered species, and may authorize the
live capture and relocation of a fully protected bird pursuant to a
permit for the protection of livestock. Before authorizing the take
of a fully protected bird, 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 relevant information and comments on the proposed
authorization.
(2) As used in this subdivision, "scientific research" does not
include an action taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected bird 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).
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.
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.
Exotic nonresident game birds may be released in this State
only on prior approval of the commission.
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.