Section § 1900

Explanation

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.

The intent of the Legislature and the purpose of this chapter is to preserve, protect and enhance endangered or rare native plants of this state.
The Legislature finds that many species and subspecies of native plants are endangered because their habitats are threatened with destruction, drastic modification, or severe curtailment, or because of commercial exploitation or by other means, or because of disease or other factors.

Section § 1901

Explanation

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.

The department shall establish criteria for determining if a species, subspecies, or variety of native plant is endangered or rare. As used in this chapter, “native plant” means a plant growing in a wild uncultivated state which is normally found native to the plantlife of this state. A species, subspecies, or variety is endangered when its prospects of survival and reproduction are in immediate jeopardy from one or more causes. A species, subspecies, or variety is rare when, although not presently threatened with extinction, it is in such small numbers throughout its range that it may become endangered if its present environment worsens.

Section § 1904

Explanation

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.

The commission may, after public hearing, designate endangered and rare native plants. To the extent that the location of such plants is known, the department shall notify the owners of such land of the fact that a rare or endangered native plant is growing thereon and provide such information about the protection of such plants as may be appropriate.

Section § 1905

Explanation

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.

The department may undertake botanical research and field investigations and may collect and diffuse such statistics and information as shall pertain to the conservation, protection, and perpetuation of native plants.

Section § 1906

Explanation

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.

Nothing in this code or any other law shall prohibit the department from taking, for scientific or propagation purposes, any species of native plants. The department may import, propagate, and distribute native plants.

Section § 1907

Explanation

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.

(a)CA Fish and Game Code § 1907(a) The commission may adopt regulations governing the taking, possession, propagation, transportation, exportation, importation, or sale of any endangered or rare native plants. Such regulations may include, but shall not be limited to, requirements for persons who perform any of the foregoing activities to maintain written records and to obtain permits which may be issued by the department.
(b)CA Fish and Game Code § 1907(b) Persons engaged in the production, storage, sale, delivery, or transportation of nursery stock pursuant to the provisions of Part 3 (commencing with Section 6701) of Division 4 of the Food and Agricultural Code shall not be required to obtain a permit pursuant to this chapter unless such activities involve the collection of rare or endangered plants or parts or products thereof growing in a wild, uncultivated state.
(c)CA Fish and Game Code § 1907(c) Persons who purchase nursery grown stock shall not be required to obtain a permit pursuant to this chapter.

Section § 1908

Explanation

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.

No person shall import into this state, or take, possess, or sell within this state, except as incident to the possession or sale of the real property on which the plant is growing, any native plant, or any part or product thereof, that the commission determines to be an endangered native plant or rare native plant, except as otherwise provided in this chapter.

Section § 1909

Explanation

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.

(a)CA Fish and Game Code § 1909(a) When any power or authority is given by any provision of this chapter to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person.
(b)CA Fish and Game Code § 1909(b) Any person in whom the enforcement of any provision of this chapter is vested has the power of a peace officer as to the enforcement of that provision. This subdivision applies to any state or federal agencies, the State of Nevada, the State of Oregon, or the State of Arizona, with which cooperative agreements have been made by the department to enforce any provisions of this chapter.

Section § 1910

Explanation

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.

A peace officer or an employee or agent of the department may, in the enforcement of this chapter, make arrests without warrant for a violation of this chapter he may witness, and may confiscate plants or parts thereof when unlawfully taken, transported, possessed, sold, or otherwise, in violation of this chapter. The provisions of this chapter are in addition to the provisions of Section 384a of the Penal Code.

Section § 1911

Explanation
In California, all state departments and agencies must work together to protect endangered or rare native plants. This includes identifying, marking, and safeguarding habitats essential for their survival.
All state departments and agencies shall, in consultation with the department, utilize their authority in furtherance of the purposes of this chapter by carrying out programs for the conservation of endangered or rare native plants. Such programs include, but are not limited to, the identification, delineation and protection of habitat critical to the continued survival of endangered or rare native plants.

Section § 1912

Explanation

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.

The provisions of this chapter shall not be applicable to emergency work necessary to protect life or property; however, notification by the person or agency performing such emergency work shall be made to the department within 14 days of the commencement of such work.

Section § 1913

Explanation

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.

(a)CA Fish and Game Code § 1913(a) The provisions of this chapter are not intended and shall not be construed as authorizing any public agency to mandate, prescribe, or otherwise regulate agricultural operations or management practices, including the clearing of land for agricultural practices or fire control measures.
(b)CA Fish and Game Code § 1913(b) Notwithstanding the provisions of Section 1911, timber operations in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code), or required mining assessment work pursuant to federal or state mining laws, or the removal of endangered or rare native plants from a canal, lateral ditch, building site, or road, or other right-of-way by the owner of the land or the owner’s agent, or the performance by a public agency or a publicly or privately owned public utility of its obligation to provide service to the public, shall not be restricted by this chapter because of the presence of rare or endangered plants, except as provided in subdivision (c) of this section.
(c)CA Fish and Game Code § 1913(c) Notwithstanding the provisions of subdivisions (a) and (b) of this section, where the owner of land has been notified by the department pursuant to Section 1904 that a rare or endangered native plant is growing on that land, the owner shall notify the department at least 10 days in advance of changing the land use to allow for salvage of that plant. The failure by the department to salvage that plant within 10 days of notification shall entitle the owner of the land to proceed without regard to this chapter. Submission of a timber harvesting plan pursuant to the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code) shall constitute notice under this section. Converting from one type of agricultural use, as defined in Section 51201 of the Government Code, to another type of agricultural use shall not constitute a change in land use.