Enforcement Powers And Administrative Responsibilities - - CA Food And Agriculture Code

Section § 80101

This California law sets rules about getting permits for harvesting native plants like Joshua trees and other specific species. The local commissioner or sheriff issues permits for a fee, which varies by plant type—it costs at least $1 per plant or $2 for Joshua trees. Wood from certain trees costs $1 per cord, and Yucca Schidigera intended for commercial use is $3 per ton. These fees cover administrative and enforcement costs. To legally harvest, sell, or transport these plants, you need a valid permit and must follow tagging rules. Permits specify which plants you can harvest, where from, and how. If you get stopped, you must show your permit and tags to inspectors. Tagged plants can be transported using state-issued certificates or permits.

(a) The commissioner or the sheriff of a county subject to this division shall issue, in accordance with this division, permits, wood receipts, tags, and seals for a fee as prescribed by the board of supervisors of the county where the native plants are located.

(b) The fee shall not be less than one dollar ($1) per plant for all native plants, except as follows:

(1) For Yucca brevifolia (Joshua tree), not less than two dollars ($2) per plant.

(2) For trees, live or dead, mesquite, palo verde, or ironwood species of trees, cut or removed for wood, as provided in Section 80103, not less than one dollar ($1) per cord.

(3) For Yucca Schidigera used for commercial harvesting, not less than three dollars ($3) per ton.

(c) The fees shall cover the cost of issuing a permit and may cover other related costs, including, but not limited to, administration, enforcement, and research costs. The permit shall specify, among other things, the species of native plants which may be harvested, the area from which plants may be harvested, and the manner in which plants may be harvested.

(d) No person, except as provided in this division, shall harvest, transport, offer for sale, or have in his or her possession any native plant, unless, at the time of harvesting, he or she has a valid permit or valid wood receipt therefor on his or her person, attaches the required tags and seals to the native plants, and exhibits the permit, wood receipt, and tags and seals upon request for inspection by any duly authorized agent of the commissioner or any peace officer as provided in this division. No wood receipt or tag and seal is valid unless it is issued with a valid permit and the permit bears the tag number or wood receipt number on its face.

(e) Native plants which have been tagged and sealed, as provided in this section, may be transported under a California nursery stock certificate or a shipping permit.

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(Added by renumbering Section 70650 by Stats. 1984, Ch. 144, Sec. 68.)

Section § 80102

If you have a permit to harvest, transport, or possess native plants in California, you need to have enough tags and seals for the plants. These tags and seals must be attached during harvesting and before transporting, as the county commissioner dictates. Once tagged, you can't remove them until the plant is replanted in its final location. Only the commissioner or the new owner can remove and keep the tag as proof of ownership.

Also, you can't transfer your permit, tags, or seals to someone else, and you can't get a refund for them. You're responsible for the actions of anyone working under your permission regarding the plants.

(a) Each permit authorizing the harvesting, transporting, or possessing of native plants, except trees cut or removed for wood as provided in Section 80103, shall be accompanied by a sufficient number of tags and seals. The permittee or his or her agent shall attach the tags and seals to the native plants at the time of harvesting and before transporting in such manner as prescribed by the commissioner of the county in which the native plants are located. After any native plant has been legally harvested and tagged or sealed as provided in this division, it is unlawful to remove the tag or seal until the plant has been transplanted into its ultimate site for landscaping or decoration. The tag or seal may be removed from the plant only by the commissioner or the ultimate owner of the plant, who shall retain the tag or seal as proof of ownership.

(b) No permit or tag or seal is transferable by the permittee or his or her agent, nor shall it be used by anyone except that person to whom the permit or tag or seal was issued, and no refunds shall be made for the purchase thereof.

(c) Every permittee is responsible for the acts of any other person or persons acting under any authority, express or implied, of the permittee.

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(Added by renumbering Section 70651 by Stats. 1984, Ch. 144, Sec. 69.)

Section § 80103

If you want to harvest, transport, or own mesquite, palo verde, or ironwood trees for wood, you must have a permit and a wood receipt with you. The receipt needs to stay with you unless you sell the wood, in which case you can give it to the buyer as proof that they own the wood.

The permit or wood receipt can't be used by another person unless it's the buyer receiving it with the wood purchase.

(a) Each permit authorizing the harvesting, transporting, or possessing of live or dead mesquite, palo verde, or ironwood species of trees which are harvested for wood, shall be accompanied by a wood receipt. Any required wood receipt shall be in the possession of the person harvesting, transporting, or possessing the wood.

(b) No permit or wood receipt is transferable by the permittee or his or her agent, nor shall it be used by anyone other than the person to whom the permit or wood receipt was issued or his or her agent or employee, except that the wood receipt shall be transferred by the permittee or his or her agent or employee to the purchaser of the wood covered by the receipt as proof of ownership.

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(Added by renumbering Section 70652 by Stats. 1984, Ch. 144, Sec. 70.)

Section § 80104

If you already have permission from federal agencies like the US Forest Service, National Park Service, or Bureau of Land Management to take dead plants or wood, you don't need another permit from the state to remove or keep those materials.

Any person in possession of a valid permit for the removal of dead plants or wood issued by the United States Forest Service, the National Park Service, or the Bureau of Land Management, or any person in compliance with appropriate federal regulations and policies allowing the removal of dead plants or wood from lands administered by the Bureau of Land Management, is not required to obtain a permit pursuant to this division for the removal or possession of those dead plants or wood.

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(Added by renumbering Section 70653 by Stats. 1984, Ch. 144, Sec. 71.)

Section § 80105

This law allows the director to create rules and regulations to help enforce the provisions of this division, as long as they don't conflict with existing rules.

The director may adopt necessary rules and regulations not in conflict with this division for the enforcement of its provisions.

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(Added by renumbering Section 70654 by Stats. 1984, Ch. 144, Sec. 72.)

Section § 80106

This law allows certain officials, like the director and peace officers, to go onto any property or vehicle in California if they think it might have native plants that are against the law. They can check permits, wood receipts, and look at tags and seals to make sure everything is legal.

The director or any of his or her duly authorized agents, any commissioner, or any peace officer is authorized and directed to enter in or upon any premises or other place, train, vehicle, or other means of transportation within or entering the state, which is suspected of containing or having present therein or thereon native plants in violation of this division, in order to examine permits and wood receipts and observe tags and seals.

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(Added by renumbering Section 70655 by Stats. 1984, Ch. 144, Sec. 73.)

Section § 80107

This law allows any powers given in this division to be carried out by other authorized individuals like deputies or inspectors. It also states that those in charge of enforcing these rules have the same powers as peace officers and can work with state or federal agencies under cooperative agreements.

When any power or authority is given by any provision of this division to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person. Any person in whom the enforcement of any provision of this division is vested has the power of a peace officer as to that enforcement, which shall include state or federal agencies with which cooperative agreements have been made by the department to enforce any provision of this division.

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(Added by renumbering Section 70656 by Stats. 1984, Ch. 144, Sec. 74.)

Section § 80108

This law allows counties to create their own rules to protect native plants, as long as these rules don't contradict existing state laws.

Any county may adopt ordinances not in conflict with this division for the preservation of native plants specified in Sections 80072 and 80073.

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(Added by renumbering Section 70657 by Stats. 1984, Ch. 144, Sec. 75.)