Yes, this rule is in most states regarding feral (non-native) species. Usually, there are several ways to address this issue:

1. Get rid of the birds which is what you do not want to do, obviously, but may have to if you do not have legal grounds to possess.

2. Show that the birds were purchased in California, and bred by a licensed breeder, pinioned and could not and would not be released into the state. If the birds are pinioned, this may help your cause. If they were bred by a California breeder and sold to you, then this might also help your cause. Apply to have a permit giving you permission to keep the birds in your private property. Also, if they are non-mating (two males or two females), this might also help your cause because you can show that you have no intention of breeding. If they are a mating pair, this is going to cause you more headaches, because what are you going to do with the cygnets? If you don't have a license to possess, we are assuming that you do not have a license to breed and eventually, you will need to relocate the cygnets once your pond is overpopulated. If you do not have a breeders license, selling or even giving the birds away could be illegal. This is the MAJOR issue that the state will be considering.

If you purchased them outside the state and had them imported, you may have a long road ahead of you to get to keep the swans because most all states require some type of licensing or permit to bring in (import) a species into their states.

The other alternative would be for you to contact some of the local breeders in California and see if they can provide you with a legal basis to keep the birds. Good luck! Let us know how this progresses. The Regal Swan