Article 2. Other Species of California Fish And Game Code >> Division 4. >> Part 2. >> Chapter 2. >> Article 2.
Any person, other than the owner thereof, who at any time, by
any means or in any manner, purposely takes any racing pigeon
currently registered with a recognized organization, is guilty of a
misdemeanor. However, the incidental take of registered racing
pigeons with the shooting or taking of wild band-tailed pigeons or
domestic pigeons (Columba livia), is not a violation of this section.
In Districts 8 and 9, it is unlawful to take ducks or geese
in any manner below the incoming or outgoing tidewater's edge or from
any blind, boat, floating device, island, islet, or exposed tidal
flat except on Saturdays, Sundays, Wednesdays, holidays and the
opening and closing days during the prescribed open season except
that the use of boats is permitted to retrieve crippled or dead
birds.
(a) It is unlawful for any person, except a person licensed
pursuant to paragraph (2) of subdivision (a) of Section 3031, to
take any upland game bird species without first procuring an upland
game bird hunting validation, as provided in subdivision (b), and
having the validation affixed to his or her valid hunting license.
(b) Upland game bird hunting validations may be obtained from the
department or a licensed agent authorized pursuant to Section 1055.1
for a fee of six dollars and twenty-five cents ($6.25), adjusted
pursuant to Section 713.
(c) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
(a) Upon full implementation of the Automated License Data
System, the department shall continue to prepare, or have prepared,
upland game bird stamps depicting upland game birds.
(b) Any person who obtains an upland game bird hunting validation
pursuant to Section 3682.1 is entitled, upon request, to receive an
upland game bird stamp at no additional charge.
(c) Any person may purchase an upland game bird stamp for a fee of
six dollars and twenty-five cents ($6.25), as adjusted pursuant to
Section 713.
(d) Possession of an upland game bird stamp obtained pursuant to
this section does not entitle the holder to take any upland game bird
species.
Upland game bird species include both of the following:
(a) All of the following resident game birds:
(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.
(6) Ruffed grouse.
(7) Sage hens or sage grouse.
(8) White-tailed ptarmigan.
(9) Hungarian partridges.
(10) Red-legged partridges including the chukar and other
varieties.
(11) Ring-necked pheasants and varieties thereof.
(12) Wild turkeys.
(b) All of the following migratory game birds:
(1) Jacksnipe.
(2) Western mourning doves.
(3) White-winged doves.
(4) Band-tailed pigeons.
(a) The Upland Game Bird Account is hereby established within
the Fish and Game Preservation Fund.
(b) All funds derived from the sale of upland game bird hunting
validations and upland game bird stamps shall be deposited in the
Upland Game Bird Account to permit separate accountability for the
receipt and expenditure of these funds.
(c) Funds deposited in the Upland Game Bird Account shall be
available for expenditure upon appropriation by the Legislature to
the department. These funds shall be expended solely for the purpose
of acquiring land, completing projects and implementing programs to
benefit upland game bird species, and expanding public hunting
opportunities and related public outreach, including, but not limited
to, enhancing upland game bird habitat. Any land acquired with funds
from the Upland Game Bird Account shall be acquired in fee title or
protected with a conservation easement and, to the extent possible,
be open or provide access to the public for upland game bird hunting.
The department may also use funds from the Upland Game Bird Account
to pay for administrative and enforcement costs of the programs and
activities described in this section. The amount allocated from the
account for administrative costs shall be limited to the reasonable
costs associated with administration of the programs and activities
described in this section.
(d) The department may make grants to, reimburse, or enter into
contracts or other agreements as defined in subdivision (a) of
Section 1571 with, nonprofit organizations for the use of the funds
from the Upland Game Bird Account to carry out the purposes of this
section, including related habitat conservation projects.
(e) An advisory committee, as determined by the department, that
includes interested nonprofit organizations that have goals and
objectives directly related to the management and conservation of
game bird species and primarily represent the interests of persons
licensed pursuant to Section 3031 shall review and provide comments
to the department on all proposed projects funded from the Upland
Game Bird Account to help ensure that the requirements of this
section have been met. The department shall post budget information
and a brief description on its Internet Web site for all projects
funded from the Upland Game Bird Account.
(f) Upland game bird projects authorized pursuant to this section
are not subject to Part 2 (commencing with Section 10100) of Division
2 of the Public Contract Code or Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(g) The department shall maintain the internal accountability
necessary to ensure compliance with the collection, deposit, and
expenditure of funds specified in this section.
Projects authorized pursuant to Section 3684 shall be
governed by Section 1501.5. With the approval of the entity in
control of property affected by a project, the department may make
grants to, or enter into contracts with, nonprofit organizations for
the accomplishment of those projects, or the department may reimburse
the controlling entity for its costs of accomplishing the project.