BirdsNongame Birds
Section § 3800
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.
Section § 3801
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.
Section § 3801.5
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.
Section § 3801.6
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.
Section § 3802
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.
Section § 3803
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.
Section § 3806
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.