2005 California Fish and Game Code Sections 3800-3806 CHAPTER 3. NONGAME BIRDS

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) (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) 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) 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) 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) 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.
3801.  Unless otherwise provided by the regulations of the
commission the following nongame birds may be taken and possessed by
any person at any time, except as provided in Section 3000:
   (a) English sparrows (Passer domesticus).
   (b) Starlings (Sturnus vulgaris).
3801.5.  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.
3801.6.  Except as otherwise provided in this code or regulations
made pursuant thereto, it is unlawful to possess the carcass, skin,
or parts of any nongame bird.  The 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 scientific or educational institution.
3802.  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.
3803.  The department may take any bird which, in its opinion, is
unduly preying upon any bird, mammal, or fish.
3806.  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.