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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 454Introduced by Assembly Member KalraFebruary 06, 2025 An act to repeal and add Section 3513 of the Fish and Game Code, relating to migratory birds. LEGISLATIVE COUNSEL'S DIGESTAB 454, as introduced, Kalra. Migratory birds: California Migratory Bird Protection Act.Existing federal law, the Migratory Bird Treaty Act, provides for the protection of migratory birds, as specified. The federal act also authorizes states and territories of the United States to make and enforce laws or regulations that give further protection to migratory birds, their nests, and eggs. Existing law, the California Migratory Bird Protection Act, until January 20, 2025, made unlawful the taking or possession of any migratory nongame bird designated in the federal act before January 1, 2017, any additional migratory nongame bird that may be designated in the federal act after that date, or any part of those migratory nongame birds, except as provided. Existing law, as of January 1, 2026, repeals this provision.This bill would instead extend the California Migratory Bird Protection Act indefinitely.Existing law, operative January 20, 2025, makes it unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act, or any part of a migratory nongame bird, except as provided.This bill would repeal this provision.Under existing law, a violation of the Fish and Game Code is a crime. By narrowing the exception to a crime defined in existing law, the bill would expand the scope of a crime, thus imposing a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the California Migratory Bird Protection Act.SEC. 2. Section 3513 of the Fish and Game Code, as added by Section 3 of Chapter 349 of the Statutes of 2019, is repealed.3513.(a)It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.), or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act.(b)This section shall become operative on January 20, 2025.SEC. 3. Section 3513 is added to the Fish and Game Code, to read:3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017, any additional migratory nongame bird that may be designated in that federal act after that date, or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act before January 1, 2017, or subsequent rules or regulations adopted pursuant to that federal act, unless those rules or regulations are inconsistent with this code.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 454Introduced by Assembly Member KalraFebruary 06, 2025 An act to repeal and add Section 3513 of the Fish and Game Code, relating to migratory birds. LEGISLATIVE COUNSEL'S DIGESTAB 454, as introduced, Kalra. Migratory birds: California Migratory Bird Protection Act.Existing federal law, the Migratory Bird Treaty Act, provides for the protection of migratory birds, as specified. The federal act also authorizes states and territories of the United States to make and enforce laws or regulations that give further protection to migratory birds, their nests, and eggs. Existing law, the California Migratory Bird Protection Act, until January 20, 2025, made unlawful the taking or possession of any migratory nongame bird designated in the federal act before January 1, 2017, any additional migratory nongame bird that may be designated in the federal act after that date, or any part of those migratory nongame birds, except as provided. Existing law, as of January 1, 2026, repeals this provision.This bill would instead extend the California Migratory Bird Protection Act indefinitely.Existing law, operative January 20, 2025, makes it unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act, or any part of a migratory nongame bird, except as provided.This bill would repeal this provision.Under existing law, a violation of the Fish and Game Code is a crime. By narrowing the exception to a crime defined in existing law, the bill would expand the scope of a crime, thus imposing a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | - | Amended IN Assembly March 26, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 26, 2025 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 454 | |
| 14 | 14 | ||
| 15 | - | Introduced by Assembly Member | |
| 15 | + | Introduced by Assembly Member KalraFebruary 06, 2025 | |
| 16 | 16 | ||
| 17 | - | Introduced by Assembly Member Kalra | |
| 17 | + | Introduced by Assembly Member Kalra | |
| 18 | 18 | February 06, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to repeal and add Section 3513 of the Fish and Game Code, relating to migratory birds. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 454, as | |
| 26 | + | AB 454, as introduced, Kalra. Migratory birds: California Migratory Bird Protection Act. | |
| 27 | 27 | ||
| 28 | - | Existing federal law, the Migratory Bird Treaty Act, provides for the protection of migratory birds, as specified. The federal act also authorizes states and territories of the United States to make and enforce laws or regulations that give further protection to migratory birds, their nests, and eggs. Existing law, the California Migratory Bird Protection Act, until January 20, 2025, made unlawful the taking or possession of any migratory nongame bird designated in the federal act before January 1, 2017, any additional migratory nongame bird that may be designated in the federal act after that date, or any part of those migratory nongame birds, except as provided. Existing law, as of January 1, 2026, repeals this provision.This bill would instead extend the California Migratory Bird Protection Act indefinitely. | |
| 28 | + | Existing federal law, the Migratory Bird Treaty Act, provides for the protection of migratory birds, as specified. The federal act also authorizes states and territories of the United States to make and enforce laws or regulations that give further protection to migratory birds, their nests, and eggs. Existing law, the California Migratory Bird Protection Act, until January 20, 2025, made unlawful the taking or possession of any migratory nongame bird designated in the federal act before January 1, 2017, any additional migratory nongame bird that may be designated in the federal act after that date, or any part of those migratory nongame birds, except as provided. Existing law, as of January 1, 2026, repeals this provision.This bill would instead extend the California Migratory Bird Protection Act indefinitely.Existing law, operative January 20, 2025, makes it unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act, or any part of a migratory nongame bird, except as provided.This bill would repeal this provision.Under existing law, a violation of the Fish and Game Code is a crime. By narrowing the exception to a crime defined in existing law, the bill would expand the scope of a crime, thus imposing a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 29 | 29 | ||
| 30 | 30 | Existing federal law, the Migratory Bird Treaty Act, provides for the protection of migratory birds, as specified. The federal act also authorizes states and territories of the United States to make and enforce laws or regulations that give further protection to migratory birds, their nests, and eggs. Existing law, the California Migratory Bird Protection Act, until January 20, 2025, made unlawful the taking or possession of any migratory nongame bird designated in the federal act before January 1, 2017, any additional migratory nongame bird that may be designated in the federal act after that date, or any part of those migratory nongame birds, except as provided. Existing law, as of January 1, 2026, repeals this provision. | |
| 31 | 31 | ||
| 32 | - | This bill would instead extend the California Migratory Bird Protection Act indefinitely. | |
| 32 | + | This bill would instead extend the California Migratory Bird Protection Act indefinitely. | |
| 33 | 33 | ||
| 34 | 34 | Existing law, operative January 20, 2025, makes it unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act, or any part of a migratory nongame bird, except as provided. | |
| 35 | 35 | ||
| 36 | 36 | This bill would repeal this provision. | |
| 37 | 37 | ||
| 38 | 38 | Under existing law, a violation of the Fish and Game Code is a crime. By narrowing the exception to a crime defined in existing law, the bill would expand the scope of a crime, thus imposing a state-mandated local program. | |
| 39 | 39 | ||
| 40 | 40 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 41 | 41 | ||
| 42 | 42 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 43 | 43 | ||
| 44 | 44 | ## Digest Key | |
| 45 | 45 | ||
| 46 | 46 | ## Bill Text | |
| 47 | 47 | ||
| 48 | - | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the California Migratory Bird Protection Act.SEC. 2. Section 3513 of the Fish and Game Code, as added by Section 3 of Chapter 349 of the Statutes of 2019, is repealed.SEC. 3. Section 3513 is added to the Fish and Game Code, to read:3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017 | |
| 48 | + | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the California Migratory Bird Protection Act.SEC. 2. Section 3513 of the Fish and Game Code, as added by Section 3 of Chapter 349 of the Statutes of 2019, is repealed.3513.(a)It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.), or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act.(b)This section shall become operative on January 20, 2025.SEC. 3. Section 3513 is added to the Fish and Game Code, to read:3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017, any additional migratory nongame bird that may be designated in that federal act after that date, or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act before January 1, 2017, or subsequent rules or regulations adopted pursuant to that federal act, unless those rules or regulations are inconsistent with this code.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 49 | 49 | ||
| 50 | 50 | The people of the State of California do enact as follows: | |
| 51 | 51 | ||
| 52 | 52 | ## The people of the State of California do enact as follows: | |
| 53 | 53 | ||
| 54 | 54 | SECTION 1. This act shall be known, and may be cited, as the California Migratory Bird Protection Act. | |
| 55 | 55 | ||
| 56 | 56 | SECTION 1. This act shall be known, and may be cited, as the California Migratory Bird Protection Act. | |
| 57 | 57 | ||
| 58 | 58 | SECTION 1. This act shall be known, and may be cited, as the California Migratory Bird Protection Act. | |
| 59 | 59 | ||
| 60 | 60 | ### SECTION 1. | |
| 61 | 61 | ||
| 62 | - | SEC. 2. Section 3513 of the Fish and Game Code, as added by Section 3 of Chapter 349 of the Statutes of 2019, is repealed. | |
| 62 | + | SEC. 2. Section 3513 of the Fish and Game Code, as added by Section 3 of Chapter 349 of the Statutes of 2019, is repealed.3513.(a)It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.), or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act.(b)This section shall become operative on January 20, 2025. | |
| 63 | 63 | ||
| 64 | 64 | SEC. 2. Section 3513 of the Fish and Game Code, as added by Section 3 of Chapter 349 of the Statutes of 2019, is repealed. | |
| 65 | 65 | ||
| 66 | 66 | ### SEC. 2. | |
| 67 | 67 | ||
| 68 | + | 3513.(a)It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.), or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act.(b)This section shall become operative on January 20, 2025. | |
| 68 | 69 | ||
| 69 | 70 | ||
| 70 | - | SEC. 3. Section 3513 is added to the Fish and Game Code, to read:3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017, 2025, any additional migratory nongame bird that may be designated in that federal act after that date, or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act before January 1, 2017, 2025, or subsequent rules or regulations adopted pursuant to that federal act, unless those rules or regulations are inconsistent with this code. | |
| 71 | + | ||
| 72 | + | (a)It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.), or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act. | |
| 73 | + | ||
| 74 | + | ||
| 75 | + | ||
| 76 | + | (b)This section shall become operative on January 20, 2025. | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | SEC. 3. Section 3513 is added to the Fish and Game Code, to read:3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017, any additional migratory nongame bird that may be designated in that federal act after that date, or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act before January 1, 2017, or subsequent rules or regulations adopted pursuant to that federal act, unless those rules or regulations are inconsistent with this code. | |
| 71 | 81 | ||
| 72 | 82 | SEC. 3. Section 3513 is added to the Fish and Game Code, to read: | |
| 73 | 83 | ||
| 74 | 84 | ### SEC. 3. | |
| 75 | 85 | ||
| 76 | - | 3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017 | |
| 86 | + | 3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017, any additional migratory nongame bird that may be designated in that federal act after that date, or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act before January 1, 2017, or subsequent rules or regulations adopted pursuant to that federal act, unless those rules or regulations are inconsistent with this code. | |
| 77 | 87 | ||
| 78 | - | 3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017 | |
| 88 | + | 3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017, any additional migratory nongame bird that may be designated in that federal act after that date, or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act before January 1, 2017, or subsequent rules or regulations adopted pursuant to that federal act, unless those rules or regulations are inconsistent with this code. | |
| 79 | 89 | ||
| 80 | - | 3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017 | |
| 90 | + | 3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017, any additional migratory nongame bird that may be designated in that federal act after that date, or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act before January 1, 2017, or subsequent rules or regulations adopted pursuant to that federal act, unless those rules or regulations are inconsistent with this code. | |
| 81 | 91 | ||
| 82 | 92 | ||
| 83 | 93 | ||
| 84 | - | 3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017 | |
| 94 | + | 3513. It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017, any additional migratory nongame bird that may be designated in that federal act after that date, or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act before January 1, 2017, or subsequent rules or regulations adopted pursuant to that federal act, unless those rules or regulations are inconsistent with this code. | |
| 85 | 95 | ||
| 86 | 96 | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 87 | 97 | ||
| 88 | 98 | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 89 | 99 | ||
| 90 | 100 | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 91 | 101 | ||
| 92 | 102 | ### SEC. 4. |