Chapter 10Native Plant Protection
Section § 1900
This law aims to protect and preserve rare or endangered native plants in the state. It recognizes that many native plants face threats such as habitat destruction, commercial exploitation, and disease.
The goal is to ensure that these plant species are safeguarded from these dangers.
Section § 1901
This law requires the department to set up rules to identify which native plants in California are endangered or rare.
Native plants are those that naturally grow wild in the state. A plant is considered endangered if its chance of survival is immediately at risk. It is labeled as rare if it is not currently in danger of extinction but has so few numbers that it could become endangered if conditions get worse.
Section § 1904
This law allows a commission to identify which native plants are endangered or rare after holding a public hearing. If they know where these plants are growing, the department must inform landowners about the presence of these plants on their property and give them guidance on how to protect them.
Section § 1905
This law allows the department to conduct research and gather information about native plants. They can also share this information to help protect and conserve these plants.
Section § 1906
This law allows the department to collect any native plants for scientific research or to help them reproduce. It also gives the department permission to import, grow, and share native plants without being restricted by other laws.
Section § 1907
This section allows the commission to create rules for dealing with endangered or rare native plants. These rules can include the need for written records and special permits for activities like taking, possessing, or selling these plants.
People who work with nursery stock don't need a permit unless they're dealing with rare or endangered plants from the wild. If someone buys plants from a nursery, they don't need a permit either.
Section § 1908
This law prohibits importing, taking, possessing, or selling any endangered or rare native plant in the state. The only exception is if the plant is part of the sale or possession of the real estate where the plant is growing. There may be other specific exceptions in this chapter.
Section § 1909
This law section explains that if a person is given any power or authority under this chapter, that power can also be exercised by a deputy, inspector, or agent they have authorized. Additionally, it states that anyone tasked with enforcing this chapter has the authority of a peace officer for that purpose. This includes any state or federal agencies, as well as agencies from Nevada, Oregon, or Arizona, if there are cooperative agreements in place with the department to help enforce these provisions.
Section § 1910
This law allows peace officers and department agents to make arrests without a warrant if they see someone violating the rules in this chapter. They can also take plants or plant parts if they're being handled illegally according to this chapter. Additionally, this chapter works alongside another law, Section 384a of the Penal Code.
Section § 1911
Section § 1912
This law section states that if emergency work is needed to protect life or property, it doesn’t have to follow the usual rules of this chapter. However, the person or agency doing the emergency work must inform the department within 14 days after starting.
Section § 1913
This section outlines that public agencies cannot regulate farming operations or land clearing for agriculture or fire control purposes. Timber operations following a proper plan, certain mining activities, or removing endangered plants from specific areas like ditches or building sites are not restricted because of rare plants being present – unless otherwise specified in another part of the law. If a landowner is informed that a rare plant is on their land, they must notify the authorities 10 days before changing land use to allow the plant to be salvaged. If authorities do not act within those 10 days, the landowner can proceed with their plans. Also, simply changing from one type of farming to another does not count as a land-use change.