Section § 3800

Explanation

This California law states that all naturally occurring birds in the state that are not classified as resident game birds, migratory game birds, or fully protected birds are considered nongame birds. It's illegal to capture or harm these birds unless it's in line with specific codes, regulations, or approved mining mitigation plans.

For mining operations, any mitigation plan must avoid harming birds and must use the best technology to minimize impact. These plans must also address specific issues like bird deaths related to the operation, such as those caused by exposure to toxic solutions. Mining operators are required to get approval for their mitigation plans, allow public feedback, and submit reports on bird deaths. They need to cover the costs of notifying relevant parties and provide copies of the plans for public review.

The state's department will oversee the implementation of these plans, adjusting them if they aren't effectively reducing harm to birds and other wildlife.

(a)CA Fish And Game Code § 3800(a) All birds occurring naturally in California that are not resident game birds, migratory game birds, or fully protected birds are nongame birds. It is unlawful to take any nongame bird except as provided in this code or in accordance with regulations of the commission or, when relating to mining operations, a mitigation plan approved by the department.
(b)Copy CA Fish And Game Code § 3800(b)
(1)Copy CA Fish And Game Code § 3800(b)(1) Mitigation plans relating to mining operations approved by the department shall, among other criteria, require avoidance of take, where feasible, and include reasonable and practicable methods of mitigating the unavoidable take of birds and mammals. When approving mitigation plans, the department shall consider the use of the best available technology on a site-specific basis.
(2)CA Fish And Game Code § 3800(b)(2) Mitigation plans relating to mining operations approved by the department shall include provisions that address circumstances where mining operations contribute to bird deaths, including ponding of process solutions on heap leach pads and exposure of process solution channels, solution ponds, and tailing ponds.
(3)CA Fish And Game Code § 3800(b)(3) The mine operator shall prepare a mitigation plan that shall be submitted to the department for approval. For ongoing mining operations, the mitigation plan alone or in conjunction with regulations adopted by the commission shall result in an overall reduction in take of avian or mammal species. The department shall provide an opportunity for public review and comment on each mitigation plan during the department’s approval process. The mitigation plan shall be prepared on a site-specific basis and may provide for offsite mitigation measures designed to reduce avian mortality. The mine operator shall submit monthly monitoring reports on avian mortality to the department to aid in evaluating the effectiveness of onsite mitigation measures.
(4)CA Fish And Game Code § 3800(b)(4) The mining operator shall reimburse the department for its direct costs to provide appropriate notice of the mitigation plan to affected local government entities and other affected parties. The mine operator shall provide the department a limited number of copies, as determined by the department, of the mitigation plan for public review.
(c)CA Fish And Game Code § 3800(c) The department shall monitor and evaluate implementation of the mitigation plan by the mine operator and require modification of the plan or other remedial actions to be taken if the overall reduction in take of avian or mammal species required pursuant to paragraph (3) is not being achieved.

Section § 3801

Explanation

This law allows people to take or possess certain non-game birds like English sparrows and starlings at any time, except as otherwise mentioned in related sections. Landowners or their agents don't need a hunting license or special permit to take these birds on their own property. However, anyone else wanting to take these birds must have a hunting license as required by another section.

(a)CA Fish And Game Code § 3801(a) Except as provided in Section 3000 and this section, the following nongame birds may be taken or possessed at any time:
(1)CA Fish And Game Code § 3801(a)(1) English sparrow (Passer domesticus).
(2)CA Fish And Game Code § 3801(a)(2) Starling (Sturnus vulgaris).
(b)CA Fish And Game Code § 3801(b) Notwithstanding Section 3007 or any other provision of this code or regulation adopted pursuant to this code requiring the possession of a hunting license, a landowner or lessee, or an agent of either in immediate possession of written authority from the landowner or lessee, shall not be required to obtain a hunting license or a depredation permit to take nongame birds listed in subdivision (a) on land owned or leased by the landowner or lessee.
(c)CA Fish And Game Code § 3801(c) All other persons taking a nongame bird listed in subdivision (a) shall be licensed pursuant to Section 3007.

Section § 3801.5

Explanation

This law allows landowners and tenants to capture nongame birds that are not protected by the Migratory Bird Treaty Act if these birds are harming crops or property. Officers from the Department of Food and Agriculture, as well as federal or county officers, can also remove these birds when performing their official duties related to pest management. Additionally, those capturing birds under this rule do not need to follow the requirements of Section 3007.

Nongame birds not covered by the Migratory Bird Treaty Act which are found to be injuring growing crops or property may be taken by the owner or tenant of the premises. They may also be so taken by officers or employees of the Department of Food and Agriculture or by federal or county officers or employees when acting in their official capacities pursuant to the provisions of the Food and Agricultural Code pertaining to pests, or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code.
Landowners and tenants taking birds in accordance with this section are exempt from Section 3007.

Section § 3801.6

Explanation

In California, it's generally illegal to own any part of a nongame bird unless exceptions are detailed elsewhere in law or regulations. If someone wrongfully possesses parts of a nongame bird, those parts can be seized and given to Native American tribes, scientific or educational institutions, used by the department, or destroyed. However, Native Americans can legally have nongame bird parts for cultural or spiritual purposes if they can prove tribal enrollment or have a Bureau of Indian Affairs certificate.

An important caveat is they can't sell these bird parts. Native Americans can also collect or 'salvage' dead nongame birds, provided they don't possess weaponry or equipment for capturing birds, nor were involved in the bird's death, and the bird wasn't killed with projectiles or traps. Lastly, wildlife officers have the authority to stop bird salvaging if it's causing disruption, safety issues, or hindering law enforcement.

(a)CA Fish And Game Code § 3801.6(a) Except as otherwise provided in this code or regulations adopted pursuant to this code, it is unlawful to possess the carcass, skin, or other part of any nongame bird. The feathers, carcass, skin, or parts of any nongame bird possessed by any person in violation of any of the provisions of this code shall be seized by the department and delivered to a California Native American tribal government or a scientific or educational institution, used by the department, or destroyed.
(b)Copy CA Fish And Game Code § 3801.6(b)
(1)Copy CA Fish And Game Code § 3801.6(b)(1) It shall be an affirmative defense to a violation of this section if the possessor of feathers, carcass, skin, or other part of a nongame bird legally acquired the feathers, carcass, skin, or other part, possesses them for tribal, cultural, or spiritual purposes, and satisfies either of the following criteria:
(A)CA Fish And Game Code § 3801.6(b)(1)(A) The possessor is an enrolled member of a federally recognized Native American tribe or nonfederally recognized California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission and has, in their immediate possession, valid tribal identification or other irrefutable proof of current enrollment.
(B)CA Fish And Game Code § 3801.6(b)(1)(B) The possessor has a certificate of degree of Indian blood issued by the United States Bureau of Indian Affairs in their immediate possession.
(2)CA Fish And Game Code § 3801.6(b)(2) Nothing in this section allows any person to sell the feathers, carcass, skin, or other part of a nongame bird.
(3)CA Fish And Game Code § 3801.6(b)(3) A Native American satisfying the criteria that would constitute an affirmative defense under paragraph (1) may salvage dead nongame birds so long as the person salvaging the nongame bird does not possess, nor is in the company of any person who possesses, a firearm, BB device as defined in Section 16250 of the Penal Code, trap, snare, net archery equipment, device capable of discharging a projectile, or any apparatus designed to take a bird.
(4)CA Fish And Game Code § 3801.6(b)(4) Salvaging shall not take place by any person involved in the take of the nongame bird to be salvaged, any person present at the time of the take, or by any person who received related information originating from any person present at the time of the take of the nongame bird.
(5)CA Fish And Game Code § 3801.6(b)(5) Salvaging pursuant to this subdivision shall not take place if a bird has been struck with any thrown or discharged projectile, or trapped, netted, caught, or snared.
(c)CA Fish And Game Code § 3801.6(c) Notwithstanding subdivisions (a) and (b), an officer deputized pursuant to this code may interrupt an ongoing salvaging of a dead nongame bird carcass, feathers, skin, or part if, in the officer’s judgment, the activity causes a public disruption, safety hazard, or is detrimental to the ability of the department to prevent a possible violation of this section. In that event, the officer may seize the carcass, feathers, skin, or part being salvaged, or may return the carcass, feathers, skin, or part to the general location from where it had been salvaged.

Section § 3802

Explanation

This section allows the department to partner with the United States Fish and Wildlife Service to manage or eliminate predatory birds. It can use funds allocated for this purpose.

The department may enter into cooperative contracts with the United States Fish and Wildlife Service in the Department of the Interior in relation to the control or eradication of predatory birds, and for that purpose may expend any money made available to the department for expenditure for the control or eradication of predatory birds.

Section § 3803

Explanation

This law allows the department to capture any bird or birds that are excessively hunting or consuming other animals like birds, mammals, reptiles, amphibians, or fish, if they believe it's necessary.

The department may take any individual bird, or birds of any species, that, in its opinion, are unduly preying upon any species of bird, mammal, reptile, amphibian, or fish.

Section § 3806

Explanation

This law allows the department to issue licenses for feeding migratory game birds to help reduce the damage they cause to crops. The rules for these licenses are made by the commission, which can also set an annual fee for obtaining the license.

In order to aid in relieving widespread waterfowl depredation of agricultural crops, the department may issue licenses under regulations which the commission may prescribe to permit the feeding of migratory game birds. The commission may prescribe an annual fee for the license.