Chapter 5Harvesting of Native Plants
Section § 80111
This law makes it illegal to destroy, dig up, mutilate, or harvest any living native plants, or their parts (except fruit), without written permission from the landowner and a valid permit, including any necessary wood receipts or tags and seals. It also prohibits falsifying documents related to harvesting permissions or ignoring the conditions of the permit for the plants listed in another specific section of the code.
Section § 80112
This law allows a county commissioner to give scientific or educational institutions a permit to collect a certain number of specific plants for research or educational purposes. However, they must first get permission from the landowner where the plants are located.
Section § 80113
This law section states that when you get a permit to remove native plants, the permit is only good for a certain amount of time. You can only remove the amount of plants or wood allowed by the permit, and the time limit is based on either the permit itself or the landowner's permission, whichever is shorter. But, the time cannot be longer than one year.
The law aims to make sure that permits or wood receipts are only valid for the shortest time needed to complete the work allowed.
Section § 80114
This law makes it illegal to knowingly make false statements on applications for permits related to the transportation of native plants. The application must include detailed information such as the applicant's contact details, the kind and amount of plants, the origin county, and a property description where the plants will be removed. It also requires details about the landowner, any necessary timber operator permit numbers, the transportation dates, destination, and intended use of the plants. Information about the transportation vehicle and additional information as required by the agency must also be included. Proof of ownership of the plants is necessary at the time of application. The forms and tags for these applications are provided by the department and distributed to county commissioners.
Section § 80115
This law states that any permit given for certain plant-related activities will expire when the tags and seals issued with the permit have been placed on the plants, and those plants are no longer owned by the person who received the permit.
Section § 80116
This law gives authority to the director or commissioner to set guidelines for cutting, harvesting, and caring for plants. These guidelines must follow the best practices for horticulture and comply with all local, state, and federal laws to ensure plants survive and regulations are met.
Section § 80117
This law allows certain activities that involve land and plants, like clearing land for farming, controlling fires, and mining assessments, without restriction. It also permits recreational events approved by the Bureau of Land Management.
Landowners can remove native plants from specified areas if they notify the commissioner 10 days prior and don't move or sell the plants. The law does not apply to public agencies or utilities providing public service.
Additionally, the commissioner can allow dead wood to be used for campfires or branding fires without following strict rules.
Section § 80118
This law allows individuals to harvest or possess up to five native plants, or small amounts of dead mesquite or palo verde wood, from their own land or with permission from another landowner, for personal use and not for resale. No special permits or paperwork are needed for these small amounts. However, if you have six or more native plants, you must get and show a tag and seal for each extra plant beyond the fifth.
Section § 80119
This law allows counties in California to create their own rules about commercial harvesting, as long as these rules do not conflict with the existing state laws.
Section § 80120
This law section states that if you need permits, tags, seals, or wood receipts related to native plants, you'll have to pay a fee. However, landowners moving native plants between their own properties without intending to sell them do not have to pay these fees.
Section § 80121
If someone has harvested a native plant mentioned in Sections 80072 or 80073, or those added by the director, and they don't have the required permit, they need to have a tag and seal properly attached to the plant. If the plant doesn't have this, or if they can't show a tag and seal, it can be taken as evidence of breaking the law. This also applies to people with one cord or more of mesquite or palo verde wood without a wood receipt.