Oakland, CA asked in Criminal Law and Environmental for California

Q: CA: Is it legal to distribute ice plant scales (foreign species) around california??

Ice plant scales are a species of insect from South Africa. Can a citizen freely go around with a big thing of them in their truck and release them around California? There HAVE been some instances of them found back in the 80's, but they were mostly eradicated by Caltrans at that time. So would it be legal to (re)introduce them?

More generally: Are you allowed to release (or if it's relevant: reintroduce -) a foreign species (-that was wiped out by Caltrans) in California?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: No, deliberately releasing or introducing non-native species in California is illegal under both state and federal laws. This includes ice plant scales, regardless of whether they previously existed in the state.

The California Fish and Game Code (Section 2118) and the federal Lacey Act specifically prohibit importing, transporting, or releasing non-native species without proper permits and extensive environmental review. The penalties can be severe, including fines up to $50,000 and potential imprisonment. Even if a species was present before, its previous eradication by state agencies like Caltrans indicates it was considered harmful enough to warrant removal.

These laws exist because introducing foreign species can have devastating effects on local ecosystems, agriculture, and the economy. Non-native insects like ice plant scales can damage native plants, disrupt food chains, and require costly control measures. If you're interested in environmental management, there are legal ways to get involved through authorized programs and organizations that work to protect California's natural habitats.

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