Prohibited Birds - California
We have only listed bird information below, the complete code can be found at http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fgc&group=02001-03000&file=2116-2126
106 - WILD ANIMALS
Any wild bird or animal excluded under Section 671 of Title 14 of the California Code of Regulations is also prohibited entry into this State under Section 6304 of the Food and Agricultural Code unless admitted under permit as specified under Section 671.1, Title 14, California Code of Regulations.
14 § 671. IMPORTATION, TRANSPORTATION AND POSSESSION OF WILD ANIMALS. (Sections 671-671.7, Title 14, California Code of Regulations)
a. The following species are prohibited and it shall be unlawful to import, transport or possess these species alive except under permit issued by the Department of Fish and Game. Permits for importation, transportation or possession of these species shall be refused by the department, except that permits may be granted as specified herein and for the purposes designated in Section 671.1 subject to the conditions and restrictions contained in sections 671.1, 671.2, 671.3, 671.4, 671.5, 671.6, and 671.7 and other such conditions as may be designated by the department. Cities and counties may prohibit possession or require a permit for species not requiring a state permit.
b. In designating these prohibited species, the commission has determined that they are not normally domesticated in this state and recognizes two specific classes of prohibited wild animals. Mammals listed to prevent the depletion of wild populations and to provide for animal welfare are termed "welfare animals," and are designated by the letter "W". Those species listed because they pose a threat to native wildlife, the agricultural interests of the state or to public health or safety are termed "detrimental animals," and are designated by the letter "D". Animals may be added to or deleted from this list pursuant to the provisions of Section 2118(k) of the Fish and Game Code.
c. No person shall release into the wilds of this state any animal which is not native to California except as provided in these regulations (See Section 671.6). Prohibited species include:
1. CLASS AVES - BIRDS
A. Larks - Family Alaudidae
- Skylark, Alauda arvensis - (D)
B. Cuckoos - Family Cuculidae
- All species -(D)
C. Crows, Ravens, Rooks, Jackdaws - Family Corvidae
- (Genus Corvus) - All species -(D)
D. Thrushes, Blackbirds, Fieldfare - Family Turdidae
- European blackbird, Turdus merula -(D)
- Missel thrush, Turdus viscivorus -(D)
- Fieldfare, Turdus pilaris -(D)
- Song thrush, Turdus musicus -(D)
E. Starling, Mynahs - Family Sturnidae
- All species - (D), except Sturnus vulgaris (Starling) and Gracula religiosa or Eulabes religiosa (Hill mynahs), and Leucopsar rothschildi (Rothchild's mynah) are not prohibited.
F. Sparrows, Weavers, Queleas - Family Ploceidae
- Sparrows, Genus Passer - All species - (D) except Passer domesticus (English house sparrow) not prohibited.
- Madagascar weaver, Foudia madagascariensis -(D)
- Baya weaver, Ploceus baya -(D)
- Quelas, Genus Quelea - All species- (D)
G. Waxbills, Munias, Ricebirds - Family Estrildidae
- Java sparrow, Padda oryzivora -(D)
H. Yellowhammer - Family Emberizidae
- Yellowhammer, Emberiza citrinella -(D)
I. Falcons, Eagles, Hawks, Vultures - Order Falconiformes
- Vultures - All species (D)
- Falcons, Eagles, Hawks-(D), except not prohibited under conditions set forth in Section 670, Title 14, California Administrative Code.
J. Owls - Order Strigiformes
- All species (D) except great horned owl (Bubo virginianus) not prohibited under conditions set forth in Section 670, Title 14, California Administrative Code.
K. Bulbuls or Fruit Thrushes - Family Pycnonotidae
- Red-whiskered bulbul, Pycnonotus jocosus - (D).
L. White eyes - Family Zosteropidae
- Genus Zosterops - All species(D).
M. Parrots, Parakeets - Family Psittacidae
- Monk or Quaker parakeet, Myiopsitta monachus -(D).
2. CLASS MAMMALIA - MAMMALS (NOT REPRODUCED)
3. FROGS, TOADS, SALAMANDERS - CLASS AMPHIBIA (NOT REPRODUCED)
4. JAWLESS FISHES - CLASS AGNATHA (NOT REPRODUCED)
5. BONY FISHES - CLASS OSTEICHTHYES (NOT REPRODUCED)
6. CLASS ELASMOBRANCHIOMORPHI - CARTILAGINOUS FISHES (NOT REPRODUCED)
7. CLASS REPTILIA - REPTILES (NOT REPRODUCED)
8. CLASS CRUSTACEA - CRUSTACEANS (NOT REPRODUCED) 9. CLASS GASTROPODA - SLUGS, SNAILS (NOT REPRODUCED)
10. CLASS BIVALVIA - BIVALVES (NOT REPRODUCED)
671.1 PERMITS FOR POSSESSION OF WILD ANIMALS.
a. Authorized Permits. With the concurrence of the Departments of Health and Food and Agriculture, the Department of Fish and Game pursuant to this Section and Section 671, Title 14, CCR, may issue permits for the importation, transportation and possession of species listed in Section 671 to zoological gardens, colleges, universities, government research agencies, other bona fide scientific institutions as determined by the department and to persons authorized pursuant to subsections (b.1) through (b.8) of this Section.
1. General Provisions. No person may import, export, transport, maintain or dispose of any prohibited species except as authorized by Sections 671-671.6 and pursuant to terms and conditions established by the department to specifically provide for the welfare of the animal and to provide for the public health and safety.
b. Types of Permits. The department may authorize the importation, transportation and possession of prohibited species under the following permits:
Exhibiting Permit.
Wild Animal Breeding Permit.
Brokering or Dealing Permit.
Fur Farming Permit.
Detrimental Species Permit.
A. Issuance of permits. Permits to possess detrimental wild animals may be issued only to the following:
- American Association of Zoological Parks and Aquariums (AAZPA) accredited facilities, universities, colleges, governmental research agencies or other bona fide scientific institutions, as determined by the department, engaging in scientific or public health research
- Persons not designated in (b.5.A.1) above with specific Commission approval, except the department may issue permits as authorized in Section 671 for:
- Birds. Orders Falconiformes and Strigiformes, under conditions set forth in Section 670.
- Mammals. Muskrats, under conditions set forth in Section 2250, Fish and Game Code, and as authorized in Section 671(c.2.J.a).
- Gastropods. Deccollate snails, as authorized in Section 671(c.9.A).
6. Clearing House Permit.
7. Animal Care Permit.
8. Sheltering permit.
c. Permit Information.
1. Application. Applications for permits and the application and inspection fees shall be submitted to the Department of Fish and Game, Wildlife Protection Division, 1416 Ninth Street, Sacramento, CA 95814.
671.5. DISPOSITION OF VIOLATIONS RELATED TO POSSESSION OF WILD ANIMALS.
Any live wild animals brought into the state or transported or possessed within this state in violation of the provisions of the Fish and Game Code or regulations adopted pursuant thereto may, upon written notice of the enforcing officer inspecting them or discovering the violation, be shipped out of the state, returned to point of origin or destroyed, within the time specified in said notice, at the option of the owner or bailee.
The exercise of any such option shall be under the direction and control of the enforcing officer and at the expense of the owner or bailee. If the owner or bailee fails to exercise such option within the time specified in the notice, or to comply with the terms of a permit issued pursuant to Section 671.1, the enforcing officer shall immediately thereafter order the transfer of the animals to new owners or destroy the animals at the expense of the owner or bailee.
671.6. RELEASE OF ANIMALS INTO THE WILD.
a. No person shall release into the wild without written permission of the commission any wild animal, including domestically reared stocks of such animal, which:
1. is not native to California; 2. is found to be diseased, or there is reason to suspect may have the potential for disease; 3. may be genetically detrimental to agriculture or to native wildlife; or 4. has not been successfully introduced prior to 1955.
GUIDE FOR ENFORCEMENT OF WILD BIRD AND ANIMAL REGULATION
A. JURISDICTION
1. Animal in Transit. California Department of Food and Agriculture Plant Quarantine officers are responsible for passing on admissibility of all shipments into or within the State.
2. Animals Not in Transit. California Department of Fish and Game, herein after known as Fish and Game, representatives are responsible for capture, destruction, or disposal of restricted or prohibited birds and animals being held in captivity within the State without permit, or at large. If a prohibited or restricted animal without permit is detected by a representative of the Agricultural Commissioner or State Plant Quarantine Officer, he shall affix a quarantine hold tag (Form 66-058) to the thing or cage and report such animal to the nearest Fish and Game representative or regional office and safeguard the animal until the Fish and Game representative takes over, or requests a Commissioner representative to make disposition of the animal. If Fish and Game desires to make disposition, then the Agricultural Commissioner shall issue a county notice of violation (Form 66-094). Copies of this violation are for:
(1) person in possession, (2) Fish and Game representative contacted, (3) Regional Manager of Fish and Game, (4) State Food and Agriculture District Biologist, and (5) file.
B. PERMITS
It is unlawful for any person who keeps in confinement, with or without a permit, any wild animal enumerated in or designated pursuant to Section 2118, to liberate, ship, or transport the animal except in accordance with the conditions of a permit first obtained from the department.
C. REJECTION OF SHIPMENTS
A quarantine rejection notice is to be issued on restricted or prohibited animal species not accompanied by an appropriate permit.
D. AUTHORITY TO ENFORCE
Section 2189 California Fish and Game Code should be used as the authority to reject all violations.
Division 3, Chapter 2, article 1 of the Fish and Game Code:
Section 2117. As used in this chapter "enforcing officers" means the enforcement personnel of the Department, State Plant Quarantine Officers, and the County Agricultural Commissioners.
Section 2118. It is unlawful to import, transport, possess, or release alive into this State, except under a revocable permit as provided in this chapter and the regulations pertaining thereto, any wild animal of the following species:
... (see Memo 8, California Plant Quarantine Manual, Section 671).
Section 6304 of the Food and Agriculture Code: This gives plant quarantine officers the authority to reject any form of animal life which is detrimental to agriculture. Any such animal shall be refused entry and shall be shipped out of state or destroyed within 48 hours at the option or expense of the owner or bailer of the animal.
HEALTH REGULATIONS
(Reference Title 17, Section 30072, California Code of Regulations, California Department of Health Services)
No person shall import into or receive in this State any animals of the following orders, families, and genera specified herein without first obtaining a permit and paying to the department such fees as required under these regulations.
Mammals (Class Mammalia) - Not reproduced
PSITTACINE BIRDS
(Reference Title 42, Chapter 1, Part 71, C.F.R., U.S. Public Health) Parrots, Amazons, African grays, cockatoos, macaws, parakeets, lovebirds, lories, lorikeets, and all other birds of the order Psittaciformes, are restricted entry into the United States, its territories and possessions (other than the Canal Zone) under U.S. Public Health regulations (Title 42, Chapter 1, Part 71 C.F.R.). Inspectors are authorized to cooperate to the extent of reporting the arrival of any such birds to the local representative of the U.S. Public Health Service, or in the event there is no representative of that agency at the port concerned, to the Collector of Customs.
No permit of health certificate is required on psittacine birds entering California from other states.
INTERDEPARTMENTAL AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF HEALTH AND THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE PERTAINING TO ARTHROPOD OR OTHER ORGANISM INFESTATIONS OF PUBLIC HEALTH IMPORTANCE
The Department of Food and Agriculture and its agents are regularly engaged in the inspection of agricultural products arriving in California. If arthropods are found in such shipments, they are held in quarantine until identification and assessment of the arthropods are completed and reported. If identification and assessment show the arthropods to be of economic agricultural significance and they are not widely distributed in California, the shipment is rejected by the Department of Food and Agriculture under authority of the Food and Agricultural Code.
The discovery of an occurrence of arthropods or other organisms in agricultural shipments suspected to be of public health significance is to be reported to the Department of Health. If the infestation is determined by the Department of Health to be inimical to the public health, it is to be abated or otherwise rendered innocuous by means authorized by the laws and regulations of the Department of Food and Agriculture. This interdepartmental agreement confirms the authority of the Department of Food and Agriculture to act on behalf of the Department of Health when an infestation described is found.
Shipments found infested with pests of concern only to public health should be rejected under Section 100170 of the Health and Safety Code.
Last modified: Tuesday, April 06, 2004 Copyright © 1999 National Finch and Softbill Society