Birds in California

Fish and Game Code Division 4, Part 2 deals with birds in the State of California. Chapter 1 provides general provisions.

Section 3500 provides that resident game birds are twelve specified types. Migratory birds are six specified types. The term “game birds” is defined.

Section 3501 makes it unlawful to use any powerboat, motor vehicle, or airplane to drive any game bird toward another person with the intent that the other person takes the bird.

Section 3502 makes it unlawful to use any mammal (except a dog) or an imitation of a mammal as a blind in approaching or taking game birds.

Section 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided.

Section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.

Section 3504 makes it unlawful to sell or purchase a game bird or nongame bird.

Section 3505 makes it unlawful to take, sell, or purchase any aigrette or egret, osprey, bird of paradise, goura, numidi, or any part of such a bird.

Section 3508 makes it unlawful to break, train, hold field trials with, or practice dogs on any wild game bird or domesticated game bird during the closed season on that bird except as authorized by the commission.

Section 3511 prohibits a fully protected bird from being taken or possessed at any time. 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. The term “scientific research” is defined.

Section 3513 makes it unlawful to take or possess any migratory bird as designated in the federal Migratory Bird Treaty Act.

Section 3514 explains that exotic nonresident game birds are those birds of the order Galliformes (pheasant, grouse, quail) which are not established as a wild resident population in this State.

Section 3515 states that exotic nonresident game birds may be released in this State only on prior approval of the commission.

Section 3516 allows the commission to adopt regulations it deems necessary to govern the release, taking, and possession of exotic nonresident game birds.