Regulated Native Plants - - CA Food And Agriculture Code

Section § 80071

This law section states that whenever there's a need to interpret any part of this chapter, the botanical, or scientific, names of plants must be used as the guiding reference.

The botanical names of the plants referred to in this chapter shall, in all cases, govern in the interpretation of this division.

botanical names scientific names plant identification plant interpretation chapter interpretation plant-related laws botanical taxonomy scientific reference plant categorization legal interpretation of plants

(Added by renumbering Section 70630 by Stats. 1984, Ch. 144, Sec. 63.)

Section § 80072

In California, certain native plants cannot be harvested unless you have a special permit for scientific or educational purposes from the local county commissioner where these plants grow. The protected plants include all species in the elephant tree family, sahuaro cactus, barrel cactus, crucifixion thorn, panamint dudleya, bristlecone pine, and fan palm.

The following native plants, or any parts thereof, may not be harvested except for scientific or educational purposes under a permit issued by the commissioner of the county in which the native plants are growing:

(a) All species of Burseraceae family (elephant tree).

(b) Carnegiea gigantea (sahuaro cactus).

(c) Ferocactus acanthodes (barrel cactus).

(d) Castela emoryi (crucifixion thorn).

(e) Dudleya saxosa (panamint dudleya).

(f) Pinus longaeva (bristlecone pine).

(g) Washingtonia filifera (fan palm).

native plants harvest restrictions scientific purposes educational purposes permit required county commissioner elephant tree sahuaro cactus barrel cactus crucifixion thorn panamint dudleya bristlecone pine fan palm Burseraceae family plant protection

(Added by renumbering Section 70631 by Stats. 1984, Ch. 144, Sec. 64.)

Section § 80073

This law section states that you cannot harvest certain native plants in California without getting a permit from local authorities.

The plants that require a permit include century plants, yuccas, cacti (with some exceptions), ocotillo, mesquites, palos verdes, catclaw, desert-holly, smoke tree, and desert ironwood.

Even though a permit is required for these plants, you can collect their fruit without a permit.

The law allows officials to limit how much desert ironwood can be collected, how many permits are issued for its collection, and to create rules to protect it. Finally, there are provisions for the director to change the status of desert ironwood regarding these rules.

The following native plants, or any part thereof, may not be harvested except under a permit issued by the commissioner or the sheriff of the county in which the native plants are growing:

(a) All species of the family Agavaceae (century plants, nolinas, yuccas).

(b) All species of the family Cactaceae (cacti), except for the plants listed in subdivisions (b) and (c) of Section 80072 which may be harvested under a permit obtained pursuant to that section.

(c) All species of the family Fouquieriaceae (ocotillo, candlewood).

(d) All species of the genus Prosopis (mesquites).

(e) All species of the genus Cercidium (palos verdes).

(f) Acacia greggii (catclaw).

(g) Atriplex hymenelytra (desert-holly).

(h) Dalea spinosa (smoke tree).

(i) Olneya tesota (desert ironwood), including both dead and live desert ironwood.

The fruit from the native plants listed in this section may be harvested without a permit.

The commissioner may establish limits on the quantity of desert ironwood which may be taken under any permit and on the number of permits for the taking of desert ironwood which may be issued. The commissioner may adopt such rules and regulations as may be necessary for the protection of the ironwood resource.

Notwithstanding the foregoing provisions of this section, the director may add desert ironwood to, or remove it from, the jurisdiction of this division pursuant to Section 80074.

native plants harvesting permits century plants yuccas cacti exceptions ocotillo mesquites palos verdes catclaw desert-holly smoke tree desert ironwood fruit harvesting permit limits protection regulations

(Added by renumbering Section 70632 by Stats. 1984, Ch. 144, Sec. 65.)

Section § 80074

This section outlines the process for adding or removing native plants from the jurisdiction of a specific division in California. The Secretary, after consulting with the Secretary of the Resources Agency and holding a public hearing, can adjust which plants are protected. These hearings are mandatory every two years and should take place where they are accessible to the public. The Secretary can consider requests from both public and private groups for these hearings and must hold one if a county's board of supervisors requests it. At these hearings, discussions include which plants need protection and whether protection area boundaries should change.

After consultation with the Secretary of the Resources Agency and after a public hearing, the secretary may add to, or remove from, the jurisdiction of this division a native plant. A public hearing on native plants may be held at least once every 24 months in a county subject to this division and in a location that is convenient to a large segment of the public.

In deciding whether to call a public hearing, the secretary may consider a request from a public or private group, including concerned citizens, and the secretary shall convene such a hearing when requested by resolution of any county board of supervisors. The secretary may consider at the hearing which plants are in need of protection and whether the boundaries of the area to be protected should be changed pursuant to Section 80003.

native plants public hearing jurisdiction Resources Agency plant protection county board of supervisors public participation adjust protection boundaries add or remove plants bi-annual hearings

(Amended by Stats. 2004, Ch. 460, Sec. 12. Effective January 1, 2005.)

Section § 80075

This law states that any native plant identified as rare, endangered, or threatened by federal or state regulations, such as those found in the Fish and Game Code, does not fall under the rules of this division.

Any native plant that is declared to be a rare, endangered, or threatened species by federal or state law or regulations, including, but not limited to, the Fish and Game Code, is exempt from this division.

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(Added by renumbering Section 70634 by Stats. 1984, Ch. 144, Sec. 67.)