Native Plant Protection

Division 2, Chapter 10 of the Fish and Game Code deals with native plant protection under the jurisdiction of the California Department of Fish and Wildlife.

Section 1900 contains a legislative intent statement and one legislative finding.

Section 1901 requires the department to establish criteria for determining if a species, subspecies, or variety of native plant is endangered or rare. The term “native plant” is defined. 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 allows the commission to designate, after public hearing, endangered and rare native plants. To the extent that the location of the plants is known, the department is required to 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 allows the department to undertake botanical research and field investigations and may collect and diffuse such statistics and information as is pertains to the conservation, protection, and perpetuation of native plants.

Section 1906 provides that nothing in this code or any other law prohibits 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 authorizes the commission to adopt regulations governing the taking, possession, propagation, transportation, exportation, importation, or sale of any endangered or rare native plants. These regulations may include 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.

Section 1908 prohibits any person from importing into this state, or taking, possessing, or selling 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.

Section 1909 provides that, 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.

Section 1910 states that 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.

Section 1911 requires all state departments and agencies, in consultation with the department, to utilize their authority in furtherance of the purposes of this chapter by carrying out programs for the conservation of endangered or rare native plants.

Section 1912 prohibits the provisions of this chapter from being applicable to emergency work necessary to protect life or property.

Section 1913 states that the provisions of this chapter are not intended and are not to 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.

Timber operations in accordance with a timber harvesting plan, 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, must not be restricted by this chapter because of the presence of rare or endangered plants.