Full Statute Name:  West's Annotated California Codes. Fish and Game Code. Division 4. Birds and Mammals. Part 2. Birds. Chapter 1. General Provisions. § 3511. Fully protected birds; permits or licenses; necessary scientific research; legal imports; fully protected birds specified

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Primary Citation:  West's Ann. Cal. Fish & G. Code § 3511 Country of Origin:  United States Last Checked:  October, 2023 Alternate Citation:  CA FISH & G § 3511 Date Adopted:  1974 Historical: 
Summary: California law specifically states that no other statutes are to be construed to allow the taking of state protected birds, of which the golden eagle and bald eagle are listed, and any licenses issued to take protected birds are void unless issued for scientific or depredation purposes.

(a)(1) Except as provided in this section or Section 2081.7, 2081.15, or 2835, a fully protected bird may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected bird, and no permit or license previously issued shall have any force or effect for that purpose. However, the department may authorize the taking of a fully protected bird for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species, and may authorize the live capture and relocation of a fully protected bird pursuant to a permit for the protection of livestock. Before authorizing the take of a fully protected bird, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of that person's interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.

(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.

(3) A legally imported fully protected bird may be possessed under a permit issued by the department.

(b) The following are fully protected birds:

(1) California black rail (Laterallus jamaicensis coturniculus).

(2) California clapper rail (Rallus longirostris obsoletus).

(3) California condor (Gymnogyps californianus).

(4) California least tern (Sterna albifrons browni).

(5) Golden eagle.

(6) Greater sandhill crane (Grus canadensis tabida).

(7) Light-footed clapper rail (Rallus longirostris levipes).

(8) Southern bald eagle (Haliaeetus leucocephalus leucocephalus).

(9) Trumpeter swan (Cygnus buccinator).

(10) White-tailed kite (Elanus leucurus).

(11) Yuma clapper rail (Rallus longirostris yumanensis).

(Added by Stats.1970, c. 1036, p. 1848, § 4. Amended by Stats.1974, c.548, p. 1372, § 1; Stats.2002, c. 617 (S.B.482), § 3; Stats.2003, c. 735 (S.B.412), § 1; Stats.2011, c. 596 (S.B.618), § 4; Stats.2015, c. 154 (A.B.1527), § 71, eff. Jan. 1, 2016; Stats.2023, c. 59 (S.B.147), § 3, eff. July 10, 2023.)

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