Fish and Game Code section 3801

(a)

Except as provided in Section 3000 and this section, the following nongame birds may be taken or possessed at any time:

(1)

English sparrow (Passer domesticus).

(2)

Starling (Sturnus vulgaris).

(3)

(A)Mute swan (Cygnus olor).

(i)

A person taking or possessing a mute swan shall be encouraged to report to the department when they take or possess a mute swan.

(ii)

The department shall collect information about enforcement actions, taken by department personnel, associated with the take and possession of a mute swan.

(B)

This paragraph shall become inoperative on January 1, 2031.

(b)

Notwithstanding Section 3007 or any other provision of this code or regulation adopted pursuant to this code requiring the possession of a hunting license, a landowner or lessee, or an agent of either in immediate possession of written authority from the landowner or lessee, shall not be required to obtain a hunting license or a depredation permit to take nongame birds listed in subdivision (a) on land owned or leased by the landowner or lessee.

(c)

All other persons taking a nongame bird listed in subdivision (a) shall be licensed pursuant to Section 3007.

Source: Section 3801, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=FGC§ionNum=3801.­ (updated Jan. 1, 2026; accessed Dec. 22, 2025).

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Verified:
Dec. 22, 2025

§ 3801's source at ca​.gov