Fish and Game Code — Part 2 | FGC — United States — California law | Esheria

Fish and Game Code

Part 2 of 12 · provisions 201–400

This section says the code is known as the Fish and Game Code.

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The department must assess salmon escapement on the Eel, Smith, and Klamath River systems, use sonar fish-counting devices on the Klamath River as a three-year test, and report to the Legislature by January 1, 1990. People who process or wholesale sturgeon eggs for human consumption must get a sturgeon egg processing license from the department. The department must issue and deliver a sturgeon egg processing license when an application is made and the base fee is paid. Licensed persons must keep a true, legible record of each sturgeon egg transaction and include specified details about the eggs and related parties. The license holder must keep the documentation required by Section 10002 for two years after receiving the eggs and make it available to the department for inspection during normal business hours.

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Provisions of Fish and Game Code

Showing 200 of 2,275

  1. 11036.

    ## Fish and Game Code - FGC ## DIVISION 8. DISTRICTS [11000 - 11039] ( Division 8 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Boundaries [11000 - 11039] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    People, firms, corporations, or companies may not construct or maintain dams or other artificial obstructions in the Klamath River Fish and Game District.

    ## Fish and Game Code - FGC ## DIVISION 8. DISTRICTS [11000 - 11039] ( Division 8 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Boundaries [11000 - 11039] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 11036. The following constitutes the Klamath River Fish and Game District: The waters of the Klamath River as described in the initiative act to create the Klamath River Fish and Game District, approved by the electors on November 4, 1924, which initiative act provides: The Klamath River Fish and Game District is hereby created and shall consist of the Klamath River and the waters thereof, following its meanderings from the confluence of the Klamath River and the Shasta River in the County of Siskiyou to the mouth of the Klamath River in Del Norte County. Every person, firm, corporation or company who constructs or maintains any dam or other artificial obstruction in any of the waters of said Klamath River Fish and Game District is guilty of a misdemeanor and upon conviction must be fined not less than one thousand dollars ($1,000) or be imprisoned in the county jail of the county in which the conviction shall be had, not less than 100 days, or by both such fine and imprisonment, and any artificial obstruction constructed, placed or maintained in said district is hereby declared to be a public nuisance. (Amended by Stats. 1983, Ch. 1092, Sec. 101. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  2. 11037.

    ## Fish and Game Code - FGC ## DIVISION 8. DISTRICTS [11000 - 11039] ( Division 8 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Boundaries [11000 - 11039] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section defines the Trinity and Klamath River Fish and Game District by describing the rivers and waters included in it.

    ## Fish and Game Code - FGC ## DIVISION 8. DISTRICTS [11000 - 11039] ( Division 8 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Boundaries [11000 - 11039] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 11037. The following constitutes the Trinity and Klamath River Fish and Game District: The Klamath River and the waters thereof, following its meanderings from the mouth of the Klamath River in Del Norte County to its confluence with the Salmon River, and also the Trinity River and the waters thereof, following its meanderings from its confluence with the Klamath River in the County of Humboldt to its confluence with the south fork of the said Trinity River. (Enacted by Stats. 1957, Ch. 456.)
  3. 11038.

    ## Fish and Game Code - FGC ## DIVISION 8. DISTRICTS [11000 - 11039] ( Division 8 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Boundaries [11000 - 11039] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section defines Fish and Game District 118 and describes its boundary lines.

    ## Fish and Game Code - FGC ## DIVISION 8. DISTRICTS [11000 - 11039] ( Division 8 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Boundaries [11000 - 11039] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 11038. The following constitutes Fish and Game District 118: The ocean waters and tidelands lying within the following boundaries: Beginning at the south side of the pier at San Simeon thence westerly three miles, thence southerly to a point three miles west of the southern boundary of the state park at Cambria in San Luis Obispo County, thence easterly to the southwest point of the state park at Cambria. All of the provisions relating to District 18 shall apply to District 118. (Amended by Stats. 1984, Ch. 1014, Sec. 10.)
  4. 11039.

    ## Fish and Game Code - FGC ## DIVISION 8. DISTRICTS [11000 - 11039] ( Division 8 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Boundaries [11000 - 11039] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section defines Fish and Game District 118.5 by geographic boundary and says District 18 provisions generally apply unless otherwise provided.

    ## Fish and Game Code - FGC ## DIVISION 8. DISTRICTS [11000 - 11039] ( Division 8 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Boundaries [11000 - 11039] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 11039. The following constitutes Fish and Game District 118.5: The ocean and tidelands to high-water mark, not included in other districts, excluding all rivers, streams, sloughs, and lagoons, bounded by a line beginning at the intersection of the common boundary of Monterey and San Luis Obispo Counties with the mean high-water mark, thence due west two miles to a point, thence by a line following the coast line and parallel to it southerly to a point two miles south of the intersection of the common boundary of Santa Barbara and Ventura Counties with the mean high-water mark, thence north to the intersection of the common boundary of Santa Barbara and Ventura Counties with the mean high-water mark. Except as otherwise provided, all of the provisions relating to District 18 shall apply to District 118.5. (Enacted by Stats. 1957, Ch. 456.)
  5. 1110.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General License Provisions [1050 - 1110] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    This section is a cross-reference to Section 7891 and says it is not part of Article 2.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. General License Provisions [1050 - 1110] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1110. Section 1110 as added to this code by the initiative measure adopted at the General Election of November 8, 1938, is set forth at Section 7891 of this code. (Enacted by Stats. 1957, Ch. 456. Note: The provisions of Section 1110, as added November 8, 1938, by initiative Proposition 5, were relocated to Section 7891 in the 1957 code reenactment. This Section 1110 serves as a cross-reference, and it is not part of Article 2, commencing with Section 1050.)
  6. 1120.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    The commission must establish fish hatcheries for stocking this state’s waters with fish, and the department must maintain and operate those hatcheries.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1120. The commission shall establish fish hatcheries for stocking the waters of this State with fish. The department shall maintain and operate such hatcheries. (Enacted by Stats. 1957, Ch. 456.)
  7. 1121.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    For fish hatchery leases, the state may agree to indemnify and hold harmless the lessor, and the Department of General Services may buy insurance to protect the state.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1121. In any lease entered into whereby the state leases from any county, city, irrigation district, or other public agency in this state, real property for the purpose of establishing or maintaining a fish hatchery, the state may agree to indemnify and hold harmless the lessor by reason of the uses authorized by such lease. Insurance may be purchased by the Department of General Services to protect the state against loss or expense arising out of such an agreement. (Amended by Stats. 1965, Ch. 371.)
  8. 1122.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    Claims for damages against the state under Section 1121 must be filed with the Department of General Services; if the claim is not covered by insurance, payment is limited to legislative appropriations, and the Department may automatically deny the claim when the state has elected to insure its liability.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1122. Any claim for damages arising against the state under Section 1121 shall be presented to the Department of General Services in accordance with Section 905.2 of the Government Code, and if not covered by insurance provided pursuant to Section 1121, the claim shall be payable only out of funds appropriated by the Legislature for that purpose. If the state elects to insure its liability under Section 1121, the Department of General Services may automatically deny the claim. (Amended by Stats. 2016, Ch. 31, Sec. 27. (SB 836) Effective June 27, 2016.)
  9. 1122.5.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    The Director of General Services may lease the Mount Whitney Fish Hatchery to the Friends of the Mount Whitney Hatchery, but the lease must meet several conditions.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1122.5. (a) Notwithstanding any other provision of law, the Director of General Services, with the consent of the department, may lease to the Friends of the Mount Whitney Hatchery, at no cost, and subject to any other terms and conditions that the director deems appropriate, for a term not to exceed 25 years, and with the possibility of renewal, the Mount Whitney Fish Hatchery, or any part of the hatchery, situated in the County of Inyo. (b) Any part of the hatchery that is leased pursuant to subdivision (a) shall be used for environmental education purposes and other related activities designed to benefit the hatchery and the community. (c) The lease shall require the Friends of the Mount Whitney Fish Hatchery to permit reasonable public access to the hatchery, to obtain and maintain liability insurance for the leased portion of the hatchery, and to maintain the leased portion of the hatchery at all times. The lease shall provide that any work done on the hatchery shall be performed in consultation with the State Office of Historic Preservation. The lease shall also provide that the state, agents of the state, the department, and agents of the department shall be held harmless from, and indemnified against, any liability resulting from the acts or omissions of the Friends of the Mount Whitney Fish Hatchery arising out of performance of the lease. (Amended by Stats. 2023, Ch. 132, Sec. 16. (AB 1760) Effective January 1, 2024.)
  10. 1122.6.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    The Director of General Services may lease specified Mount Shasta Fish Hatchery property to the Mt. Shasta Museum Association, but the lease must meet stated conditions.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1122.6. (a) The Director of General Services, with the consent of the department, may lease to the Mt. Shasta Museum Association at no cost, and subject to any other terms and conditions that the director deems appropriate, for a term not to exceed 25 years, and with the possibility of renewal, a portion of the Mount Shasta Fish Hatchery, a building commonly known as Building A and the storage building constructed for use by the lessee of Building A, situated in the County of Siskiyou. (b) The leased property shall be used only for the operation of a historical museum and for environmental educational purposes. (c) The lease shall require the Mt. Shasta Museum Association to permit reasonable public access to the building, to obtain and maintain liability insurance for the leased building, and to maintain the leased building at all times. (d) The lease shall also provide that the state, agents of the state, the department, and agents of the department shall be held harmless from, and indemnified against, any liability resulting from the acts or omissions of the Mt. Shasta Museum Association performed in the course of the lease agreement. (Added by Stats. 2024, Ch. 127, Sec. 2. (SB 1009) Effective January 1, 2025.)
  11. 1123.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    The department may purchase and import fish spawn or ova, and use them to stock the waters of the state.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1123. The department may purchase and import spawn or ova of fish suitable for food, and stock with such spawn or ova the waters of this State. (Enacted by Stats. 1957, Ch. 456.)
  12. 1123.5.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    Funds for the department’s urban fishing program must be used to buy fish and aquatic organisms by contract from private registered aquaculture facilities in the state, unless specific exceptions apply.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1123.5. Notwithstanding Section 1120 or any other provision of law, all funds allocated for fish purchases for the department’s urban fishing program shall be used to purchase all fish and aquatic organisms by contract, pursuant to the requirements of the Public Contract Code, from private registered aquaculture facilities within the state unless the department determines one of the following conditions exists: (a) After reasonable notice, the private facilities are unable to provide the specified fish or aquatic organism. (b) The fish or aquatic organism is infected or diseased. (Added by Stats. 1995, Ch. 810, Sec. 3. Effective January 1, 1996.)
  13. 1124.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to take fish from certain department-controlled waters used for fish propagation or conservation.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1124. It is unlawful to take any fish in any pond, reservoir, or other water-retaining structure belonging to or controlled by the department and used for propagating, raising, holding, protecting, or conserving fish. (Amended by Stats. 2007, Ch. 285, Sec. 21. Effective January 1, 2008.)
  14. 1125.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    The Secretary of the Interior and authorized agents may carry out fish cultural operations and scientific investigations in the waters of the State.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1125. The Secretary of the Interior of the United States and his duly authorized agents may conduct fish cultural operations and scientific investigations in the waters of this State in such a manner and at such times as may be jointly considered necessary and proper by the secretary and his agents, and the commission. (Amended by Stats. 1963, Ch. 1248.)
  15. 1126.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    Department personnel may build or repair bird exclosures at state-owned or operated fish hatcheries, and those activities are not subject to Public Works Board review.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1126. Notwithstanding any other provision of law, department personnel may construct or repair bird exclosures at state owned or operated fish hatcheries. These activities shall not be subject to review by the Public Works Board. Nothing in this section exempts the department from complying with any provision of law governing services performed under contract by noncivil service employees. (Added by Stats. 1992, Ch. 1370, Sec. 6. Effective October 27, 1992.)
  16. 1150.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. County Fish Hatcheries [1150- 1150.] ( Article 4 enacted by Stats. 1957, Ch. 456. )

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    County boards of supervisors may establish and maintain fish hatcheries and buy fish spawn or ova.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. County Fish Hatcheries [1150- 1150.] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 1150. The boards of supervisors of the several counties may establish and maintain fish hatcheries, and may purchase the spawn or ova of fish. (Enacted by Stats. 1957, Ch. 456.)
  17. 1170.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. )

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    The commission may issue a permit to a nonprofit organization to construct and operate an anadromous fish hatchery, if the commission’s restrictions and regulations are followed.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. ) ## 1170. The commission may issue a permit, subject to such restrictions and regulations as the commission deems desirable, to a nonprofit organization to construct and operate an anadromous fish hatchery. (Added by Stats. 1970, Ch. 862.)
  18. 1171.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. )

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    The commission may not issue a permit unless it determines the nonprofit organization can finance, build, and operate the hatchery properly.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. ) ## 1171. The commission shall not issue a permit unless it determines the nonprofit organization has the financial capability to successfully construct and operate the hatchery and will diligently and properly conduct the operation authorized under the permit. (Added by Stats. 1970, Ch. 862.)
  19. 1172.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. )

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    A permit must not be issued for an operation that may deplete natural runs of anadromous fish, cause waste or deterioration of fish, or is located on a stream or river below a state or federal fish hatchery or egg-taking station.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. ) ## 1172. No permit will be issued which may tend to deplete the natural runs of anadromous fish, result in waste or deterioration of fish, or when the proposed operation is located on a stream or river below a state or federal fish hatchery or egg-taking station. (Added by Stats. 1970, Ch. 862.)
  20. 1173.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. )

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    Fish handled under this article belong to the state while in the hatchery or in the wild; fish in the wild may be taken if otherwise authorized by a sport or commercial fishing license.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. ) ## 1173. All fish handled under authority of this article during the time they are in the hatchery or in the wild are the property of the state and when in the wild may be taken under the authority of a sport or commercial fishing license as otherwise authorized for wild fish. (Added by Stats. 1970, Ch. 862.)
  21. 1174.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. )

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    Permits under this article must include stated conditions, and the commission can change or end a permit if the operation is not in the public interest or harms fish runs.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. ) ## 1174. Any permit granted by the commission pursuant to this article shall contain all of the following conditions: (a) If after a hearing the commission finds that the operation described in the permit and conducted pursuant to this article is not in the best public interest, the commission may alter the conditions of the permit to mitigate the adverse effects, or may cause an orderly termination of the operation under the permit. An orderly termination shall not exceed a three-year period and shall culminate in the revocation of the permit in its entirety. (b) If the commission finds that the operation has caused deterioration of the natural run of anadromous fish in the waters covered by the permit, it may require the permittee to return the fishery to the same condition as was prior to issuance of the permit. If the permittee fails to take appropriate action, the commission may direct the department to take the action, and the permittee shall bear any cost incurred by the department. (c) Prior to release into state waters and at any other time deemed necessary by the department, the fish may be examined by the department to determine that they are not diseased or infected with any disease which, in the opinion of the department, may be detrimental to the state fishery resources. (Amended by Stats. 1986, Ch. 1244, Sec. 2.)
  22. 1175.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. )

    Verify source ↗

    The state is not responsible or liable for operating a hatchery covered by this article.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. ) ## 1175. The state shall assume no responsibility for the operation of a hatchery pursuant to this article and shall not be in any manner liable for its operation. (Added by Stats. 1970, Ch. 862.)
  23. 12.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    In any law, “Fish Commission Fund” and “Game Preservation Fund” mean “Fish and Game Preservation Fund.”

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 12. Wherever the term “Fish Commission Fund” or “Game Preservation Fund” appears in any law, it means “Fish and Game Preservation Fund.” (Enacted by Stats. 1957, Ch. 456.)
  24. 1200.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. )

    Verify source ↗

    The department may make agreements with counties, nonprofit groups, and private persons to manage and operate salmon and steelhead rearing facilities.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. ) ## 1200. The department is authorized to enter into agreements with counties, nonprofit groups, private persons, individually or in combination, for the management and operation of rearing facilities for salmon and steelhead. All such agreements shall be in accordance with the policies of the commission and the criteria of the department which govern the operation under such agreements. The purpose for operating such facilities shall be to provide additional fishing resources and to augment natural runs. (Added by Stats. 1975, Ch. 1173.)
  25. 12000.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Violating this code or listed fish and game rules is generally a misdemeanor, and some listed violations can be an infraction with a $100 to $1,000 fine or a misdemeanor.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12000. (a) Except as expressly provided otherwise in this code, any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor. (b) Notwithstanding subdivision (a), a person who violates any of the following statutes or regulations is guilty of an infraction punishable by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or of a misdemeanor: (1) Section 2009. (2) Section 2353. (3) Sections 5508 and 5509. (4) Section 5652. (5) Subdivision (a) of Section 6596.1. (6) Section 7149.8. (7) Sections 7850, 7852.27, 7856, 7857, 7880, 7881, 7920, 7923, 8026, 8030 to 8036, inclusive, 8043 to 8050, inclusive, 8257, 9001, 9003, and 9004. (8) Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the California Code of Regulations. (9) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive, of Title 14 of the California Code of Regulations. (10) Sections 27.56 to 30.10, inclusive, of Title 14 of the California Code of Regulations. (11) Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations. (12) Sections 90, 91, 107, 123, 132.1, 176, 180, 180.2, 180.4, 180.5, 180.6, 182, 189, 190, 195, and 197 of Title 14 of the California Code of Regulations. (13) Subdivision (e) of Section 150.16 of Title 14 of the California Code of Regulations. (14) Section 251.7 of Title 14 of the California Code of Regulations. (15) Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations. (16) Sections 505, 507 to 510, inclusive, and 550 to 552, inclusive, of Title 14 of the California Code of Regulations. (17) Section 630 of Title 14 of the California Code of Regulations. (18) Section 632 of Title 14 of the California Code of Regulations, except if either of the following apply: (A) The person who violates the regulation holds a commercial fishing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 or the person who violates the regulation is operating a boat or vessel licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 at the time of the violation. Except as provided in Section 12012.5, a person described in this subparagraph who violates Section 632 of Title 14 of the California Code of Regulations is guilty of a misdemeanor punishable pursuant to Section 12002. (B) The violation of the regulation occurred within two years of a prior violation of the regulation that resulted in a conviction. (19) Section 650 of Title 14 of the California Code of Regulations. (Amended by Stats. 2023, Ch. 129, Sec. 2. (AB 1611) Effective January 1, 2024.)
  26. 12001.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person who takes a bird or mammal in violation of an order under Section 12150 commits a felony.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12001. Any person who takes any bird or mammal in violation of an order issued pursuant to Section 12150 of this code, is guilty of a felony. (Amended by Stats. 1961, Ch. 2210.)
  27. 12001.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A court may require hunter education and community service as a condition of probation for certain wildlife-related convictions.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12001.5. (a) In addition to any other penalty or fine imposed pursuant to this code, if a person has been convicted of one or more offenses that was a violation of a section listed in subdivision (b) separate from the offense before the court, the court may order as a condition of probation upon conviction of the offense before the court that is also a violation of a section listed in subdivision (b), that the person attend the hunter education course designated in Section 3051 and perform community service, preferably relating to natural resources if that type of community service is available, as follows: (1) If the person has one separate conviction, not more than 200 hours of community service. (2) If the person has two or more separate convictions, not more than 300 hours of community service. (b) This section applies to violations relating to a taking in Sections 3007, 3700.1, 4330, and 4750, and a sale or purchase of parts of a bear in Section 4758. (Amended by Stats. 2023, Ch. 132, Sec. 209. (AB 1760) Effective January 1, 2024.)
  28. 12002.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section sets fines and jail terms for certain Fish and Game Code violations and requires suspension or revocation of related licenses or privileges in some cases.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002. (a) Unless otherwise provided, the punishment for a violation of this code that is a misdemeanor is a fine of not more than one thousand dollars ($1,000), imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. (b) The punishment for a violation of any of the following provisions is a fine of not more than two thousand dollars ($2,000), imprisonment in a county jail for not more than one year, or both the fine and imprisonment: (1) Section 1059. (2) Subdivision (b) of Section 4004. (3) Section 4600. (4) Paragraph (1) or (2) of subdivision (a) of Section 5650. (5) A first violation of Section 8670. (6) Section 10500. (7) Unless a greater punishment is otherwise provided, a violation subject to subdivision (a) of Section 12003.1. (c) Except as specified in Sections 12001 and 12010, the punishment for violation of Section 3503, 3503.5, 3513, or 3800 is a fine of not more than five thousand dollars ($5,000), imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. (d) (1) A license, tag, stamp, reservation, permit, or other entitlement or privilege issued pursuant to this code to a defendant who fails to appear at a court hearing for a violation of this code, or who fails to pay a fine imposed pursuant to this code, shall be immediately suspended or revoked. The license, tag, stamp, reservation, permit, or other entitlement or privilege shall not be reinstated or renewed, and no other license, tag, stamp, reservation, permit, or other entitlement or privilege shall be issued to that person pursuant to this code, until the court proceeding is completed or the fine is paid. (2) This subdivision does not apply to any violation of Section 1052, 1059, 1170, 5650, 6454, 6650, or 6653.5. (Amended by Stats. 2023, Ch. 132, Sec. 210. (AB 1760) Effective January 1, 2024.)
  29. 12002.1.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person who takes a protected mammal or bird without the required valid license, tag, seal, or stamp, or outside allowed season, limit, time, or area, can be fined, jailed, or both. A court may reduce the charge to an infraction if the person later shows a valid permit and the taking was otherwise lawful.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.1. (a) Notwithstanding Section 12002, the punishment for taking a mammal or bird for which a hunting license issued pursuant to Section 3031 is required or a tag, seal, or stamp is required, including a deer tag issued pursuant to Section 3407, without having in one’s possession the required valid license, or without having in one’s possession any required tag, seal, or stamp, or when the taking of that mammal or bird is prohibited by allowable season, limit, time, or area, is punishable by a fine of not less than two hundred fifty dollars ($250) or more than two thousand dollars ($2,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment, or by any greater punishment prescribed by this code. (b) If a person is charged with an offense described in subdivision (a) and produces in court a license, tag, seal, or stamp, issued to the person and valid at the time of the person’s arrest and if the taking was otherwise lawful with respect to season, limit, time, and area, the court may reduce the charge to an infraction punishable by a fine of not less than fifty dollars ($50) and not more than two hundred fifty dollars ($250). (Amended by Stats. 2009, Ch. 294, Sec. 27. (AB 1442) Effective January 1, 2010.)
  30. 12002.10.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The department may suspend an abalone commercial license or permit after a complaint has been pending 90 days, but only with notice, a hearing process, and commission review.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.10. (a) When a complaint has been filed in a court of competent jurisdiction charging a person with a violation that may result in suspension or revocation of any license or permit to take abalone for commercial purposes, and no disposition of the complaint has occurred within 90 days after it has been filed in the court, the department may suspend the license or permit of that person. (b) Whenever the department proposes to suspend a license or permit under this section, notice and an opportunity to be heard shall be given before taking the action. The notice shall contain a statement setting forth the proposed action and the grounds therefor, and notify the person of his or her right to a hearing as provided in this section. Within 10 days after the receipt of the notice from the department, the permitholder may request a hearing. The hearing shall be held by the commission at the next regularly scheduled hearing of the commission held more than 30 days after the notice of intent to suspend the permit was sent. The person shall be given 10 days’ notice of the time and place of the hearing. (c) A decision shall be made within a reasonable time on whether the license or permit shall be suspended until the disposition of the complaint by the court. In determining whether to order the suspension, the commission shall consider whether or not the violation could have a detrimental effect on the resources and whether or not a suspension is in the best public interest, and shall find whether there is sufficient evidence that a violation has occurred. A failure to make a finding that there is sufficient evidence that a violation has occurred, or a finding there is insufficient evidence, shall terminate the proceedings under this section. (d) If the person is acquitted of the charges or the charges are dismissed, any suspension under this section is thereby terminated. (e) No complaint shall be filed in a court charging a commercial abalone violation, unless evidence supporting the charge has been reviewed by the appropriate county or city prosecuting agency and a criminal complaint has been issued by that agency. (Added by renumbering Section 8306.7 by Stats. 1997, Ch. 787, Sec. 26. Effective January 1, 1998.)
  31. 12002.11.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    After a second conviction under Section 3087 or related regulations within five years, the person may not conduct the listed Section 3087 activities for three years from the last conviction.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.11. Upon the second conviction of any person of a violation of Section 3087 or any regulation adopted pursuant thereto, in any five-year period, and upon any conviction subsequent to the two convictions during a five-year period, it shall be unlawful for that person to conduct any of the activities described in paragraph (1) of subdivision (a) of Section 3087 for three years from the date of the last conviction. (Added by Stats. 2007, Ch. 285, Sec. 136. Effective January 1, 2008.)
  32. 12002.2.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Violating Section 7145 or a regulation requiring a license to be displayed is an infraction with fines that can increase for repeat offenses, and the court can reduce or dismiss the case if a qualifying license is shown.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.2. (a) Notwithstanding any other provision of law, a violation of Section 7145 or of a regulation requiring a license to be displayed is an infraction, punishable by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) for a first offense. If a person is convicted of a violation of Section 7145 or of a regulation requiring a license to be displayed within five years of a separate offense resulting in a conviction of a violation of Section 7145 or of a regulation requiring a license to be displayed, that person shall be punished by a fine of not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000). (b) If a person is convicted of a violation of Section 7145 or of a regulation requiring a license to be displayed and produces in court a license issued pursuant to Section 7145 and valid at the time of the person’s arrest, and if the taking was otherwise lawful with respect to season, limit, time, and area, the court may reduce the fine imposed for the violation of Section 7145 or of the regulation requiring a license to be displayed to twenty-five dollars ($25). (c) If a person is charged with a violation of Section 7145 or of a regulation requiring a license to be displayed, and produces in court a lifetime sport fishing license issued in his or her name pursuant to Section 7149.2, and if the taking was otherwise lawful, in terms of season, limit, time, and area, the court may dismiss the charge. (d) A person shall not be charged or convicted for both a violation of Section 7145 and a regulation requiring a license to be displayed for the same act. (Amended by Stats. 2017, Ch. 26, Sec. 33. (SB 92) Effective June 27, 2017.)
  33. 12002.2.1.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Certain fishing-law violations are infractions with fines, and repeat violations can draw higher fines. A court may lower the fine to $25 if the person shows valid fishing validations and the taking was otherwise lawful.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.2.1. (a) Notwithstanding any other provision of law, a violation of any of the following is an infraction, punishable by a fine of not less than fifty dollars ($50), or more than two hundred fifty dollars ($250), for a first offense: (1) Subdivision (a) of Section 6596.1. (2) Subdivision (a) of Section 7149.45. (b) If a person is convicted of a violation of any of the sections listed in subdivision (a) within five years of a separate offense resulting in a conviction of a violation of any of those sections, that person shall be punished by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500). (c) If a person convicted of a violation of any of the sections listed in subdivision (a) produces in court the applicable sport fishing ocean enhancement validation, second rod sport fishing validation, or Colorado River special use validation issued pursuant to this code and valid at the time of the person’s arrest, and if the taking was otherwise lawful with respect to season, limit, time, and area, the court may reduce the fine imposed for the violation to twenty-five dollars ($25). (Amended by Stats. 2023, Ch. 132, Sec. 211. (AB 1760) Effective January 1, 2024.)
  34. 12002.3.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section sets fines for certain fish-law violations, with higher penalties for abalone and for knowing commercial purchases or receipts.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.3. (a) Notwithstanding any other provision of law, a violation of Section 7121 for the sale, purchase, or receipt of fish taken by a person required to be licensed pursuant to Section 7145 is punishable by a fine of not less than two thousand dollars ($2,000) or more than seven thousand five hundred dollars ($7,500), except as provided in subdivisions (b) and (c). (b) If the violation in question involved the illegal sale or purchase of abalone taken by a person required to be licensed pursuant to Section 7145, the violation is punishable by a fine of not less than fifteen thousand dollars ($15,000) or more than forty thousand dollars ($40,000). (c) If the violation in question involved a person who knowingly purchased or received for commercial purposes, fish taken by a person required to be licensed pursuant to Section 7145, the violation is punishable by a fine of not less than seven thousand five hundred dollars ($7,500) or more than fifteen thousand dollars ($15,000). (Amended by Stats. 2000, Ch. 388, Sec. 21. Effective January 1, 2001.)
  35. 12002.4.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may suspend or revoke a commercial passenger fishing boat’s commercial boat registration for up to one year in specified conviction-based cases, and it may not revoke the registration if the violation happened without the master’s or the registrant’s agent/employee’s knowledge.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.4. (a) In addition to any other applicable penalty, the commercial boat registration of a commercial passenger fishing boat may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon conviction of the registrant, or the registrant’s agent, servant, employee, or any other person acting under the registrant’s direction or control, for a violation of Section 7121 or a regulation adopted pursuant to that section, if the violation in question involves that boat. (b) In addition to any other applicable penalty, the commercial boat registration of a commercial passenger fishing boat may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon conviction of any person other than the person specified in subdivision (a), for a violation of Section 7121, if the fish or amphibians involved in the violation were taken from that boat, and the person committing the violation had committed a prior violation of Section 7121 involving that boat within the previous three years. (c) A commercial boat registration shall not be revoked under this section for a violation committed without the knowledge of the master, or an agent or employee of the registrant. (Amended by Stats. 2023, Ch. 132, Sec. 212. (AB 1760) Effective January 1, 2024.)
  36. 12002.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A Section 1764 violation is an infraction, not a misdemeanor, with a fine between $100 and $500. If probation is granted, the court must require payment of at least the minimum fine. A valid wildlife area pass may let the court reduce the fine to $50.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.5. (a) Notwithstanding subdivision (a) of Section 12002, a violation of Section 1764 is an infraction, not a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500). If a person convicted of a violation of Section 1764 is granted probation, the court shall impose as a condition of probation that the person pay at least the minimum fine prescribed in this subdivision. (b) If a person is convicted of a violation of Section 1764 and produces in court a valid wildlife area pass, the court may reduce the fine imposed for the violation of Section 1764 to fifty dollars ($50). (Amended by Stats. 2023, Ch. 132, Sec. 213. (AB 1760) Effective January 1, 2024.)
  37. 12002.6.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may revoke or suspend a commercial boat registration for up to one year, but only after the second qualifying conviction in three years and when the department requests it.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.6. (a) In addition to any other applicable penalty, a commercial boat registration may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon the second conviction in three years of the registrant, or the registrant’s agent, servant, employee, or any other person acting under the registrant’s direction or control, for a violation of any of the following provisions or regulations adopted pursuant thereto: (1) Section 5521 or 5521.5. (2) Article 2 (commencing with Section 8150.5), Article 3 (commencing with Section 8180), Article 4 (commencing with Section 8210.2), Article 5 (commencing with Section 8250), Article 6 (commencing with Section 8275), Article 9 (commencing with Section 8370), Article 13 (commencing with Section 8495), and Article 15 (commencing with Section 8550) of Chapter 2 of Part 3 of Division 6. (3) Article 1 (commencing with Section 8601), Article 2 (commencing with Section 8623), Article 4 (commencing with Section 8660), Article 5 (commencing with Section 8680), Article 6 (commencing with Section 8720), Article 7 (commencing with Section 8750), Article 8 (commencing with Section 8780), and Article 10 (commencing with Section 8830) of Chapter 3 of Part 3 of Division 6. (4) Article 1 (commencing with Section 9000) of Chapter 4 of Part 3 of Division 6. (b) The commercial boat registration shall not be revoked unless both the first and second convictions are related to the boat for which the commercial boat registration is to be revoked, and are for violations that occurred when the person convicted was the registrant or the registrant’s agent, servant, or employee, or acting under the registrant’s direction or control. (Amended by Stats. 2023, Ch. 132, Sec. 214. (AB 1760) Effective January 1, 2024.)
  38. 12002.7.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may revoke or suspend a master’s commercial fishing license, at the department’s request, for up to one year after certain convictions, but not when the convicted person was acting outside the master’s control or agency.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.7. Notwithstanding Sections 12000, 12001, and 12002, the commercial fishing license of the master of a vessel may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon conviction of the master or his agent, servant, employee, or person acting under his direction or control, for a violation of Section 7121 or the regulations adopted pursuant thereto, if the fish in question were taken from a vessel licensed pursuant to Section 7920. However, a master’s license shall not be revoked for the conviction of a violation occurring when the person convicted was not acting as the master’s agent, servant, employee, or acting under his direction or control. The master of a vessel is the person on board the vessel who is in charge of the vessel. (Added by Stats. 1980, Ch. 1052, Sec. 8. Operative January 1, 1982, by Sec. 10 of Ch. 1052.)
  39. 12002.8.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section requires revocation of commercial fishing licenses and permits for certain abalone convictions, and can bar further fish-taking or fish-possessing licenses after sentencing.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.8. (a) The court shall order the department to permanently revoke and the department shall permanently revoke, the commercial fishing license and any commercial fishing permits of any person convicted of either of the following: (1) Taking or possessing abalone out of season. (2) Taking or possessing abalone taken illegally from any area north of Point Sur. (b) The court shall order the department to permanently revoke and the department shall permanently revoke the commercial fishing license and any commercial fishing permits of any person convicted of either of the following two offenses, if the person possessed more than 12 abalone at the time of the offense: (1) Removing abalone from the shell or possessing abalone illegally removed from the shell. (2) Taking or possessing abalone that are less than the minimum size. (c) Any person sentenced pursuant to subdivision (a) or (b) shall not thereafter be eligible for any license or permit to take or possess fish for sport or commercial purposes. (d) In addition to any other applicable penalty, the commercial fishing license of the master of a vessel may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon the second conviction in three years of the master or the master’s agent, servant, employee, or any other person acting under the master’s direction or control, for a violation of any of the following provisions or regulations adopted pursuant thereto: (1) Article 2 (commencing with Section 8150.5), Article 3 (commencing with Section 8180), Article 4 (commencing with Section 8210.2), Article 5 (commencing with Section 8250), Article 6 (commencing with Section 8275), Article 9 (commencing with Section 8370), Article 13 (commencing with Section 8494), and Article 15 (commencing with Section 8550) of Chapter 2 of Part 3 of Division 6. (2) Article 1 (commencing with Section 8601), Article 2 (commencing with Section 8623), Article 4 (commencing with Section 8660), Article 5 (commencing with Section 8680), Article 6 (commencing with Section 8720), Article 7 (commencing with Section 8750), Article 8 (commencing with Section 8780), and Article 10 (commencing with Section 8830) of Chapter 3 of Part 3 of Division 6. (3) Article 1 (commencing with Section 9000) of Chapter 4 of Part 3 of Division 6. (e) A master’s license shall not be revoked unless both the first and second convictions are for a violation by the master or a violation occurring when the person convicted was acting as the master’s agent, servant, employee, or acting under the master’s direction or control. (f) The master of a vessel is the person on board the vessel who is in charge of the vessel. (Amended by Stats. 2023, Ch. 132, Sec. 215. (AB 1760) Effective January 1, 2024.)
  40. 12002.9.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A license issued under Sections 8032 to 8036 must be suspended for 7 to 30 days when the holder is convicted of certain Fish and Game Code violations.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12002.9. In addition to any other penalty prescribed in this code, the license issued pursuant to Sections 8032 to 8036, inclusive, to a person who is convicted of a violation of Section 7121, 7364, 7370, 8372, or 8373 shall be suspended for not less than seven days nor more than 30 days. Each day a fish of the species designated in any of those sections is unlawfully possessed and each unlawful transaction involving the purchase or sale of a fish of those species by a wholesale fish dealer is a separate violation. (Amended by Stats. 2015, Ch. 154, Sec. 105. (AB 1527) Effective January 1, 2016.)
  41. 12003.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A second or subsequent violation of Section 8670 can result in a fine, jail time, or both.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12003. Notwithstanding Section 12002, a second or subsequent violation of Section 8670 is punishable by a fine of not less than two thousand dollars ($2,000) nor more than four thousand dollars ($4,000) or imprisonment in the county jail for one year, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 103. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  42. 12003.1.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section sets minimum penalties for knowingly and intentionally taking certain mammals, birds, or fish in violation of quantity, size, sex, or body-part rules, and allows probation-related community service conditions.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12003.1. (a) Unless a minimum punishment is otherwise provided, the punishment for the knowing and intentional taking of a mammal, bird, or fish in excess of the quantity permitted by other provisions of this code or regulations adopted pursuant thereto, not in compliance with size or sex limitations in other provisions of this code or regulations adopted pursuant thereto, or from which only external body parts, including, but not limited to, antlers, horns, hides, feathers, or fins, are removed for use in violation of this code or regulations adopted pursuant thereto, shall be not less than two hundred fifty dollars ($250) for a first violation and not less than five hundred dollars ($500) and imprisonment in the county jail for not less than 30 days for a second or subsequent violation. The court shall apply not less than the minimum punishment as specified in this subdivision except in those cases where the court determines that, as to the imprisonment sentence only, the interests of justice would best be served by granting probation or suspending the imposition or execution of imprisonment sentence. (b) If the court grants probation to any person punished under subdivision (a), in addition to any other terms or conditions imposed by the court, the court may impose as a condition of that probation that the person perform not more than 100 hours of community service in the county in which the violation occurred. To the extent practicable, the service shall involve work relating to natural resources. The service shall be performed during a time that does not interfere with the person’s school attendance or employment. If the court requires a person to perform community service under this subdivision, that person shall also be required to attend a hunter safety course as described in Section 3051. The person, and not the court, shall be responsible for paying all fees and costs related to the course. (Added by Stats. 1997, Ch. 771, Sec. 3. Effective January 1, 1998.)
  43. 12003.2.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Violating Section 4500 or 4700 can lead to a fine of up to $25,000 per unlawful taking, county jail imprisonment for the period set in Section 12002 or 12008, or both.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12003.2. Notwithstanding Section 12002 or 12008, the punishment for any violation of Section 4500 or 4700 is a fine of not more than twenty-five thousand dollars ($25,000) for each unlawful taking, imprisonment in a county jail for the period prescribed in Section 12002 or 12008, or both the fine and imprisonment. (Amended by Stats. 2007, Ch. 130, Sec. 97. Effective January 1, 2008.)
  44. 12003.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section sets fines and mandatory license-related suspensions for first, second, and subsequent violations of Section 8610.3 or 8610.4, and requires courts to include at least the minimum fine as a probation condition when probation is granted.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12003.5. (a) The penalty for a first violation of Section 8610.3 or 8610.4 is a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) and a mandatory suspension of any license, permit, or stamp to take, receive, transport, purchase, sell, barter, or process fish for commercial purposes for six months. The penalty for a second or subsequent violation of Section 8610.3 or 8610.4 is a fine of not less than two thousand five hundred dollars ($2,500) and not more than ten thousand dollars ($10,000) and a mandatory suspension of any license, permit, or stamp to take, receive, transport, purchase, sell, barter, or process fish for commercial purposes for one year. (b) If a person convicted of a violation of Section 8610.3 or 8610.4, is granted probation, the court shall impose as a term or condition of probation, in addition to any other term or condition of probation, a requirement that the person pay at least the minimum fine prescribed in this section. (Amended by Stats. 2007, Ch. 263, Sec. 24. Effective January 1, 2008.)
  45. 12004.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section sets penalties for convictions of certain Fish and Game Code violations, including fines, jail time, and possible license revocation.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12004. (a) The punishment for a first conviction of a violation of Section 8685.5, 8685.6, 8685.7, or 8688 is a fine of not more than five thousand dollars ($5,000), or imprisonment in a county jail for a period not to exceed six months, or the revocation of any license issued pursuant to Sections 8032 to 8036, inclusive, or any combination of these penalties. (b) The punishment for a second or subsequent conviction of a violation of Section 8685.5, 8685.6, 8685.7, or 8688, which offense occurred within five years of another offense which resulted in a conviction of Section 8685.5, 8685.6, 8685.7, or 8688 is a fine of not more than ten thousand dollars ($10,000), or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or imprisonment in a county jail for a period not to exceed one year, or the revocation of any license issued pursuant to Sections 8032 to 8036, inclusive, or any combination of these penalties. (Amended by Stats. 2011, Ch. 15, Sec. 116. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  46. 12005.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section sets fines and jail-related penalties for violations involving bear parts and bear gallbladders.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12005. (a) Notwithstanding Section 12000, and except as otherwise provided in subdivision (c), the punishment for each violation of Section 4758 shall include both of the following: (1) A fine of two hundred fifty dollars ($250) for each bear part. As used in this paragraph, “bear part” means an individual part or group of like parts of any bear that the defendant knowingly and unlawfully sells, purchases, or possesses for sale. For the purposes of this paragraph, claws, paws, or teeth from a single bear that are knowingly purchased, sold, or possessed for sale with the intent that they be delivered to a single end user shall be considered a single part. (2) An additional fine of not more than five thousand dollars ($5,000), imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or both that fine and imprisonment. (b) If the conviction is for the possession of two bear gallbladders and probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that a minimum term of 30 days shall be served in a county jail. (c) (1) The possession of three or more bear gallbladders is punishable by both of the following: (A) The fine specified in paragraph (1) of subdivision (a). (B) An additional fine of not more than ten thousand dollars ($10,000), imprisonment in a county jail for not more than one year, or both that fine and imprisonment. (2) If probation is granted, or the execution or imposition of sentence is suspended, it shall be a condition thereof that a minimum term of three months shall be served in a county jail. (d) Consecutive sentences shall be imposed for separate violations of this section. (Amended by Stats. 2011, Ch. 15, Sec. 117. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  47. 12005.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A violation of Section 3003.1 or 3003.2, or related rules, can be punished by a fine, jail time, or both.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12005.5. Notwithstanding Sections 12000 and 12002, a violation of Section 3003.1 or 3003.2, or any rule or regulation adopted pursuant thereto, is punishable by a fine of not less than three hundred dollars ($300) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. The Legislature may increase, but may not decrease, these penalties. (Added November 3, 1998, by initiative Proposition 4, Sec. 3.)
  48. 12006.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Courts must impose fines and jail terms for violations of Sections 7370 and 8254, and must revoke commercial fishing licenses or permits; they may also revoke sport fishing licenses and order forfeiture of fishing-related property.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12006. (a) Notwithstanding Section 12002: (1) The punishment for a violation of Section 7370 is a fine of not less than five thousand dollars ($5,000), or more than ten thousand dollars ($10,000), imprisonment in a county jail not to exceed one year, or both the fine and imprisonment. (2) The punishment for a violation of Section 8254 is a fine of not less than five thousand dollars ($5,000), or more than ten thousand dollars ($10,000), imprisonment in a county jail not to exceed six months, or both the fine and imprisonment. (b) The court shall permanently revoke any commercial fishing license or commercial fishing permit, and may permanently revoke any sport fishing license issued to the violator by the department. Any vessel, diving or other fishing gear or apparatus, or vehicle used in the commission of an offense subject to this section may be seized and may be ordered forfeited by the court pursuant to subdivision (c) of Section 12157. Fifty percent of the revenue deposited in the Fish and Game Preservation Fund from fines and forfeitures collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the department, and used for law enforcement purposes. (Amended by Stats. 2007, Ch. 328, Sec. 6. Effective January 1, 2008.)
  49. 12006.6.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    If a person is convicted under Section 5521 or 5521.5 for this abalone-related offense, the section requires a large fine, permanent license revocation, loss of future fishing license eligibility, seizure and forfeiture of used gear or vehicles, and a revenue allocation rule.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12006.6. Notwithstanding Section 12000 or 12002.8, and in addition to Section 12009, and notwithstanding the type of fishing license or permit held, if any person is convicted of a violation of Section 5521 or 5521.5, and the offense occurs in an area closed to the taking of abalone for commercial purposes, and the person takes or possesses more than 12 abalone at one time or takes abalone in excess of the annual bag limit, that person shall be punished by all of the following: (a)A fine of not less than fifteen thousand dollars ($15,000) or more than forty thousand dollars ($40,000). (b) The court shall order the department to permanently revoke, and the department shall permanently revoke, the commercial fishing license and any commercial fishing permits of that person. The person punished under this subdivision shall not, thereafter, be eligible for any license or permit to take or possess fish for sport or commercial purposes, including, but not limited to, a commercial fishing license or a sport fishing or sport ocean fishing license. Notwithstanding any other provision of law, the commercial license or permit of a person arrested for a violation punishable under this section may not be sold, transferred, loaned, leased, or used as security for any financial transaction until disposition of the charges is final. (c) Any vessel, diving or other fishing gear or apparatus, or vehicle used in the commission of an offense punishable under this section shall be seized, and shall be ordered forfeited in the same manner prescribed for nets or traps used in violation of this code, as described in Article 3 (commencing with Section 8630) of Chapter 3 of Part 3 of Division 6, or in the manner prescribed in Section 12157. (d) Not less than 50 percent of the revenue deposited in the Fish and Game Preservation Fund from fines and forfeitures collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the Wildlife Protection Division of the department and used for law enforcement purposes. (Amended by Stats. 2001, Ch. 753, Sec. 26. Effective January 1, 2002.)
  50. 12007.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Certain listed fish and game violations are punishable by a fine of up to $5,000, up to one year in county jail, or both.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12007. Notwithstanding Section 12002, the punishment for (1) a second or subsequent violation of Section 1602 or 1605 on the same project or streambed alteration agreement; (2) each violation of Section 2270, 2271, 6400, 6400.5, 15202, 15509, or 15600; or (3) each violation of any regulation adopted pursuant to Section 15510, is a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for a period not to exceed one year, or both the fine and imprisonment. (Amended by Stats. 2005, Ch. 383, Sec. 2. Effective January 1, 2006.)
  51. 12008.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A violation of the listed provisions can be punished by a fine of up to $5,000, jail for up to one year, or both, unless Section 597 of the Penal Code provides otherwise.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12008. Except as otherwise provided in Section 597 of the Penal Code, the punishment for a violation of any of the following provisions is a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than one year, or both the fine and imprisonment: (a) Chapter 1.5 (commencing with Section 2050) of Division 3. (b) Section 3511. (c) Chapter 8 (commencing with Section 4700) of Part 3 of Division 4. (d) Chapter 2 (commencing with Section 5050) of Division 5. (e) Section 5515. (Amended by Stats. 1988, Ch. 127, Sec. 1.)
  52. 12008.1.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Violating Section 2080 or 2085 can trigger a fine, jail time, or both. Related fine and forfeiture money must be split between the Endangered Species Permitting Account and the county treasury, with supervisors first using county revenues to reimburse prosecution costs.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12008.1. (a) Notwithstanding subdivision (a) of Section 12002 or Section 12008, the punishment for any violation of Section 2080 or 2085 is a fine of not less than twenty-five thousand dollars ($25,000) or more than fifty thousand dollars ($50,000) for each violation or imprisonment in the county jail for not more than one year, or both that fine and imprisonment. (b) Notwithstanding any other law, the moneys collected from any fine or forfeiture imposed or collected for violating Chapter 1.5 (commencing with Section 2050) of Division 3 shall be deposited as follows: (1) One-half in the Endangered Species Permitting Account established pursuant to Section 2081.2. (2) One-half in the county treasury of the county in which the violation occurred. The board of supervisors shall first use revenues pursuant to this subdivision to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. Any excess revenues may be expended in accordance with Section 13103. (Amended by Stats. 2023, Ch. 132, Sec. 216. (AB 1760) Effective January 1, 2024.)
  53. 12008.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section sets the punishment for illegally taking a bighorn sheep.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12008.5. Notwithstanding Section 12000, the punishment for taking any bighorn sheep in violation of Chapter 11 (commencing with Section 4900) of Part 3 of Division 4, or any regulation adopted pursuant thereto, is a fine of not more than two thousand dollars ($2,000) or imprisonment in the county jail for not more than one year, or both the fine and imprisonment. (Added by Stats. 1986, Ch. 745, Sec. 4.)
  54. 12009.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Violations tied to abalone-related provisions can trigger fines, up to one year in county jail, license revocation, and possible forfeiture of used equipment or vessels.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12009. (a) Notwithstanding Section 12000, and except as provided in Section 12006.6, the punishment for a violation of any provision of Section 5521 or 5521.5, or any regulation adopted pursuant thereto, or of Section 7121 involving abalone, is a fine of not less than fifteen thousand dollars ($15,000) or more than forty thousand dollars ($40,000) and imprisonment in the county jail for a period not to exceed one year. The court shall permanently revoke any commercial fishing license, commercial fishing permit, or sport fishing license issued by the department. Any vessel, diving or other fishing gear or apparatus, or vehicle used in the commission of an offense punishable under this section, may be seized and may be ordered forfeited by the court pursuant to subdivision (c) of Section 12157. Notwithstanding any other provision of law, the commercial license of any person arrested for a violation punishable under this section may not be sold, transferred, loaned, or leased, or used as security for any financial transaction until disposition of the charges is final. (b) Notwithstanding any other provision of law, the money collected from any fine or forfeiture imposed or collected for the taking of abalone for any purpose other than for profit in violation of this article or any other provision of law shall be deposited as follows: (1) One-half in the Abalone Restoration and Preservation Account. (2) One-half in the county treasury of the county in which the violation occurred. (Amended by Stats. 2000, Ch. 388, Sec. 23. Effective January 1, 2001.)
  55. 1201.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. )

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    An applicant must show the department financial ability to properly operate a rearing facility before the agreement is signed, and the department must specify how that showing is to be made.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. ) ## 1201. An applicant who wishes to enter into an agreement to operate a rearing facility shall demonstrate, to the satisfaction of the department prior to executing such agreement, such applicant’s financial ability to properly operate the rearing facility. The department shall develop and specify the means for an applicant to make such a demonstration. (Added by Stats. 1975, Ch. 1173.)
  56. 12010.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    For certain bird-of-prey violations of Section 3503.5, the maximum punishment is a $5,000 fine, county jail up to one year, or both.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12010. Notwithstanding Section 12002, the maximum punishment for each violation of Section 3503.5 relating to a bird-of-prey that is either designated as endangered, threatened, or fully protected, or taken from the wild and subsequently reported to the department as having been bred in captivity, is a fine of five thousand dollars ($5,000) or imprisonment in the county jail for a period of not to exceed one year, or both the fine and imprisonment. (Amended by Stats. 2023, Ch. 132, Sec. 217. (AB 1760) Effective January 1, 2024.)
  57. 12011.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person convicted under Section 5650(a) must pay additional fines for illegally discharged material, including up to $10 per gallon or pound, plus cleanup and damage-related costs; permit-compliant discharges are exempt.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12011. (a) In addition to the penalty provided in paragraph (4) of subdivision (b) of Section 12002, any person convicted of a violation of subdivision (a) of Section 5650 is subject to an additional fine of all of the following: (1) Not more than ten dollars ($10) for each gallon or pound of material discharged. The amount of the fine shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party. (2) An amount equal to the reasonable costs incurred by the state or local agency for cleanup and abatement and to fully mitigate all actual damages to fish, plant, bird, or animal life and habitat. (3) Where the state or local agency is required to undertake cleanup or remedial action because the responsible person refuses or is unable to fully clean up the discharge, an amount equal to the reasonable costs incurred by the state or local agency, in addition to the amount of funds, if any, expended by the responsible person, in cleaning up the illegally discharged material or abating its effects, or both cleaning up and abating those effects. (b) Notwithstanding the jurisdiction of the department over illegal discharges and pollution as provided in Section 5650, the fines specified in this section do not apply to discharges in compliance with a national pollution discharge elimination system permit or a state or regional board waste discharge permit. (Amended by Stats. 2004, Ch. 183, Sec. 116. Effective January 1, 2005.)
  58. 12012.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    It is a misdemeanor to illegally take, possess, import, export, sell, buy, barter, trade, or exchange listed animals or parts of them for profit or personal gain, with fines, jail, and special revenue rules.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12012. (a) A person who illegally takes, possesses, imports, exports, sells, purchases, barters, trades, or exchanges a bird, fish, mammal, reptile, amphibian, or part of any of those animals, for profit or personal gain, is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than forty thousand dollars ($40,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (b) If a person is convicted of a second or subsequent violation of subdivision (a), that person shall be punished by a fine of not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (c) If a second or subsequent violation of subdivision (a) also involves a violation of Section 8685.5, 8685.6, 8685.7, or 8688 that is punishable by subdivision (b) of Section 12004, the offense shall be punishable by a fine of not more than fifty thousand dollars ($50,000), or by imprisonment pursuant to subdivision (b) of Section 12004, or by both that fine and imprisonment. (d) Notwithstanding Section 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense. (e) This section does not apply to fish taken pursuant to a commercial fishing license issued pursuant to Section 7852, or fish sold pursuant to a commercial fish business license issued in accordance with Article 7 (commencing with Section 8030) of Chapter 1 of Part 3 of Division 6. (f) This section does not supersede Section 12005 or 12009. (g) (1) Moneys equivalent to 50 percent of the revenue deposited in the Fish and Game Preservation Fund from fines and forfeitures collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the department, and used for law enforcement purposes. (2) Moneys equivalent to 50 percent of the revenue from any fine collected pursuant to this section shall be paid to the county in which the offense was committed, pursuant to Section 13003. The board of supervisors shall first use revenues pursuant to this subdivision to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. Any excess revenues may be expended in accordance with Section 13103. (Amended by Stats. 2015, Ch. 154, Sec. 106. (AB 1527) Effective January 1, 2016.)
  59. 12012.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Certain commercial fishing conduct in a marine protected area is a misdemeanor and can lead to fines, jail, license suspension, and appeal rights.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12012.5. (a) Notwithstanding Section 12000 or any other provision of this code, a person who holds a commercial fishing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6, or is operating a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6, and, for commercial purposes, either unlawfully takes a fish, within any meaning provided in Section 86, within a marine protected area, as defined in Section 2852, or engages in, or knowingly facilitates another person’s, fishing activity within the marine protected area, is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than forty thousand dollars ($40,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (b) If a person is convicted of a second or subsequent violation that is punishable pursuant to subdivision (a) and the violation occurred within 10 years of a prior violation that is punishable pursuant to subdivision (a) that resulted in a conviction, the department may suspend that person’s license described in subdivision (a), as applicable, or other privilege issued pursuant to this code, and that person shall be punished by a fine of not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (c) A person whose license or other privilege is suspended pursuant to this section may appeal the suspension to the commission. The commission shall initiate the appeal process within 12 months of the violator’s appeal request. The commission shall consider at least the nature, circumstances, extent, and gravity of the person’s violations, the person’s culpability for the violations, and the injury to natural resources by the violations, and may restore a person’s license or other privileges. (d) Notwithstanding Section 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense. (Added by Stats. 2018, Ch. 189, Sec. 4. (AB 2369) Effective January 1, 2019.)
  60. 12013.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12013. (a) Any person who illegally takes or possesses in the field more than three times the daily bag limit, or who illegally possesses more than three times the legal possession limit, of fish, reptiles, birds, amphibians, or mammals is guilty of a misdemeanor and shall be subject to a fine of not less than five thousand dollars ($5,000), nor more than forty thousand dollars ($40,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (b) If a person is convicted of a second or subsequent violation of subdivision (a), that person shall be punished by a fine of not less than ten thousand dollars ($10,000), nor more than fifty thousand dollars ($50,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (c) Any person who maliciously and intentionally maims, mutilates, or physically tortures any fish, reptile, bird, amphibian, or mammal provided for in this code is guilty of a crime punishable in accordance with subdivision (a). Nothing in this subdivision affects any legal activity pursuant to this code, including, but not limited to, hunting, fishing, trapping, hunting dog training, hunting dog field trials, predation control, and efforts to dispatch a wounded mammal, bird, or fish taken legally. (d) Nothing in this section prohibits a person from giving, receiving, or possessing the legal possession limit of lawfully taken fish, reptiles, birds, amphibians, or mammals. (e) Nothing in this section prohibits a person from giving, receiving, or possessing, at the personal abode of the donor or donee, lawfully taken migratory game birds that are not required to be tagged pursuant to the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) or regulations adopted pursuant to that act. (f) This section does not supersede Section 12005, 12006.6, or 12009. (g) Moneys equivalent to 50 percent of the revenue from any fine collected pursuant to this section shall be paid to the county in which the offense was committed, pursuant to Section 13003. The board of supervisors shall first use revenues pursuant to this subdivision to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. Any excess revenues may be expended in accordance with Section 13103. (Amended by Stats. 2010, Ch. 328, Sec. 70. (SB 1330) Effective January 1, 2011.)
  61. 12013.3.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section sets fines and possible jail time for certain convicted wildlife violations, and requires the commission to adopt implementing regulations.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12013.3. (a) Notwithstanding Section 12002, 12003.2, 12008, or 12008.5, the punishment for a person who knowingly violated and has been convicted of the following provisions where the violation involved a trophy deer, elk, antelope, or bighorn sheep shall be a fine of not less than five thousand dollars ($5,000) nor more than forty thousand dollars ($40,000), and where the violation involved a wild turkey, a fine of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than one year, or both that fine and imprisonment: (1) Section 2001, if the person took an animal outside the established season. (2) Section 2005. (3) Section 257.5 of Title 14 of the California Code of Regulations. (4) Section 4304. (5) Section 4330. (6) Section 1054.2, if the person failed to procure the required license or tag prior to taking a deer, elk, antelope, or bighorn sheep. (b) The commission shall adopt regulations to implement this section, including establishing a trophy designation and monetary value based on the size or related characteristics of deer, elk, antelope, bighorn sheep, and wild turkeys. (c) All revenue from fines imposed pursuant to this section for deer, elk, antelope, and bighorn sheep violations shall be deposited in the Big Game Management Account established in Section 3953 and shall be used for the big game management purposes described in that section. (d) All revenue from fines imposed pursuant to this section for wild turkey violations shall be deposited in the Upland Game Bird Account established in Section 3684 and shall be used for the upland game bird conservation purposes described in that section. (e) Moneys equivalent to 50 percent of the revenue from any fine collected pursuant to this section shall be paid to the county in which the offense was committed, pursuant to Section 13003. The county board of supervisors shall first use revenues pursuant to this subdivision to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. Any excess revenues may be expended in accordance with Section 13103. (Amended by Stats. 2015, Ch. 154, Sec. 107. (AB 1527) Effective January 1, 2016.)
  62. 12013.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section adds a $10,000 fine per bear part for certain violations involving a signal-emitting device and the take of bear for selling or trafficking bear parts.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12013.5. (a) In addition to any other penalties provided in this code, any person convicted of violating this code or any regulation adopted pursuant thereto while using a signal-emitting device in conjunction with the take of bear for the purpose of selling or trafficking in bear parts shall be subject to a fine of ten thousand dollars ($10,000) per bear part. For purposes of this section, a “signal-emitting device” means any device capable of generating radio, cellular, satellite, or other signal transmission for purposes of providing communication or location information. (b) All revenue from fines imposed pursuant to this section shall be deposited in the Big Game Management Account established in Section 3953 and shall be used for the big game management purposes described in that section. (c) Moneys equivalent to 50 percent of the revenue from any fine collected pursuant to this section shall be paid to the county in which the offense was committed, pursuant to Section 13003. The county board of supervisors shall first use revenues pursuant to this subdivision to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. Any excess revenues may be expended in accordance with Section 13103. (Added by Stats. 2012, Ch. 590, Sec. 4. (AB 1162) Effective January 1, 2013.)
  63. 12014.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    After the appeal period ends, the department may ask the court clerk for a judgment to collect an administrative civil penalty, and the clerk must enter it immediately.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12014. After the expiration of the time period to appeal an administrative penalty imposed pursuant to Section 2301, 2302, 2582, or 2583, or any other provision of this code, the department may apply to the clerk of the appropriate court for a judgment to collect the administrative civil penalty. The application, including a certified copy of the order imposing the civil penalty, a hearing officer’s decision, if any, or a settlement agreement, if any, shall constitute a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. (Added by Stats. 2009, Ch. 294, Sec. 28. (AB 1442) Effective January 1, 2010.)
  64. 12015.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    If a person is responsible for polluting or obstructing state waters, they must remove the offending substance or pay the department’s removal costs. Before using state funds, the department must first try to get the responsible person to do the cleanup or pay for it when they are known and readily available.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12015. (a) It is the intent of the Legislature that expeditious cleanup is the primary interest of the people of the State of California in order to protect the people and the environment of the state. (b) In addition to any other penalty, anyone responsible for polluting, contaminating, or obstructing waters of this state, or depositing or discharging materials threatening to pollute, contaminate, or obstruct waters of this state, to the detriment of fish, plant, bird, or animal life in those waters, shall be required to remove any substance placed in the waters, or to remove any material threatening to pollute, contaminate, or obstruct waters of this state, which can be removed, that caused the prohibited condition, or to pay the costs of the removal by the department. (c) Prior to taking any action committing the use of state funds pursuant to this section or Section 5655, the department shall first make a reasonable effort to have the person responsible, when that person is known and readily available, remove, or agree to pay for the removal of, the substance causing the prohibited condition, if the responsible person acts expeditiously and does not cause the prohibited condition to be prolonged to the detriment of fish, plant, animal, or bird life in the affected waters. When the responsible party is unknown or is not providing adequate and timely cleanup, the emergency reserve account of the Toxic Substances Control Account in the General Fund shall be used to provide funding for the cleanup pursuant to Section 78875 of the Health and Safety Code. When those or other funds are not available, moneys in the Fish and Wildlife Pollution Account shall be available, in accordance with subdivision (b) of Section 12017, for funding the cleanup expenses. (Amended by Stats. 2022, Ch. 258, Sec. 15. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  65. 12016.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person who releases deleterious material into, or that may enter, California waters can be civilly liable to the department for actual damages and cleanup or abatement costs.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12016. (a) In addition to any other provision of law, any person who discharges or deposits any substance or material deleterious to fish, plant, bird, or animal life or their habitat into, or which threatens to enter, the waters of this state is liable civilly to the department for all actual damages to fish, plant, bird, or animal life or their habitat and, in addition, for the reasonable costs incurred in cleaning up the deleterious substance or material or abating its effects, or both. (b) For the purposes of this section, “deleterious substance or material” does not include substances or materials otherwise expressly permitted or authorized to be deposited or discharged into waters of the state by law. (Added by Stats. 1985, Ch. 864, Sec. 3.)
  66. 12017.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Certain money received under listed provisions must go into the Fish and Wildlife Pollution Account, and the department may spend account funds for specified cleanup, restoration, and emergency consultant-contract costs.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12017. (a) Notwithstanding subdivision (a) of Section 13001, any recovery or settlement of money received pursuant to the following sections shall be deposited in the Fish and Wildlife Pollution Account: (1) Section 2014. (2) Article 1 (commencing with Section 5650) of Chapter 2 of Part 1 of Division 6. (3) Section 12015 or 12016. (4) Chapter 4 (commencing with Section 151) of Division 1.5 of the Harbors and Navigation Code. (5) Section 13442 of the Water Code. (6) Proceeds or recoveries from pollution and abatement actions. (b) Moneys in the account are continuously appropriated to the department, except as provided in Section 13230. (c) Funds in the account shall be expended for the following purposes: (1) Abatement, cleanup, and removal of pollutants from the environment. (2) Response coordination, planning, and program management. (3) Resource injury determination. (4) Resource damage assessment. (5) Economic valuation of resources. (6) Restoration or rehabilitation at sites damaged by pollution. (d) Notwithstanding subdivision (c), funds in the account in excess of one million dollars ($1,000,000) as of July 1 of each year may also be expended for the preservation of California plants, wildlife, and fisheries. (e) Funds in the account may be expended for cleanup and abatement if a reasonable effort has been made to have the responsible party pay cleanup and abatement costs and funds are not available for disbursement from the emergency reserve account of the Toxic Substances Control Account in the General Fund pursuant to Section 78875 of the Health and Safety Code. (f) The department may use funds in the account to pay the costs of consultant contracts for resource injury determination or damage assessment during hazardous material or oil spill emergencies. These contracts are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (Amended (as amended by Stats. 2022, Ch. 258, Sec. 16) by Stats. 2023, Ch. 132, Sec. 218. (AB 1760) Effective January 1, 2024.)
  67. 1202.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. )

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    Fish handled or released under this article are state property, and they may be taken only after release into the wild and under a sport or commercial fishing license.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. ) ## 1202. All fish handled or released under authority of this article are the property of the state and may be taken only after their release into the wild and under the authority of a sport or commercial fishing license. (Added by Stats. 1975, Ch. 1173.)
  68. 12020.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person charged under this code or its regulations commits a misdemeanor if they willfully break a written promise to appear in court or before an authorized bail recipient.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12020. Any person who is charged with a violation of this code or a regulation adopted pursuant to this code, who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested. (Amended by Stats. 2023, Ch. 132, Sec. 219. (AB 1760) Effective January 1, 2024.)
  69. 12021.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section adds a $15 penalty to fines, penalties, or forfeitures for violations of the Fish and Game Code or related regulations, with some exceptions.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12021. (a) In addition to any assessment, fine, penalty, or forfeiture imposed pursuant to any other provision of law, an additional penalty of fifteen dollars ($15) shall be added to any fine, penalty, or forfeiture imposed under this code for a violation of this code or a regulation adopted pursuant thereto. However, no more than one such additional penalty may be imposed in a single proceeding. The revenue from this penalty shall be transferred to, and deposited in, the Fish and Game Preservation Fund and used exclusively for the purposes of Section 13006. (b) Subdivision (a) does not apply to a violation punishable pursuant to subdivision (b) of Section 12002.1, subdivision (b) of Section 12002.2, or any regulation relating to the wearing or display of a fishing license. (Amended by Stats. 1995, Ch. 576, Sec. 9. Effective January 1, 1996.)
  70. 12023.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Using an aquatic nuisance species to violate Section 6400 is a misdemeanor, with jail, fines, license revocation, and civil liability; some ballast-water and unaware-possession cases are exempt.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12023. (a) Notwithstanding Section 12002 and 12007, any person who violates Section 6400 through the use of an aquatic nuisance species, as defined in Section 6431, is guilty of a misdemeanor, punishable by all of the following: (1) Imprisonment in the county jail for not less than six months or more than one year, a fine of not more than fifty thousand dollars ($50,000) for each violation, or both that imprisonment and fine. (2) Revocation of all of the defendant’s licenses and permits issued pursuant to this code. (b) A person who personally or through another violates Section 6400, through the use of an aquatic nuisance species, is liable to the owner of any privately or publicly owned property for any damages to that property caused by the violation. A person who violates Section 6400 through the use of an aquatic nuisance species shall also be liable for all monetary damages directly, indirectly, and proximately caused thereby, including, but not limited to, damages to any commercial fishery, sport fishery, or to the public communities which depend upon those fisheries for a portion of their annual income. The Attorney General may file a civil action on behalf of the fisheries or communities that are damaged as a result of the violation. In addition, a private citizen who suffers damages as a result of the violation may file a civil action against the violator. (c) A person who allows an aquatic nuisance species to escape from their property to the property of another, whether privately or publicly owned, is liable to the owner of the intruded upon property for any damages caused by the species. (d) This section shall not apply to the placement of any live fish, any fresh or salt water animal, or any aquatic plant from the discharge or exchange of ballast water from any vessel as defined by Section 21 of the Harbors and Navigation Code. (e) This section does not apply to the placement of an aquatic plant by a person who was unaware that they were in possession of the plant. This exception includes circumstances in which a plant becomes unknowingly and temporarily attached or affixed to a boat, boat trailer, or boat motor. (Amended by Stats. 2023, Ch. 132, Sec. 220. (AB 1760) Effective January 1, 2024.)
  71. 12024.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person who violates Section 6400 using an aquatic nuisance species must cover the resulting response, treatment, and remediation costs.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12024. (a) In addition to Section 12023, a person who violates Section 6400 through the use of an aquatic nuisance species is liable for all public and private response, treatment, and remediation efforts resulting from the violation. The cost of these efforts shall constitute a debt of that person, and shall be collectible by the federal, state, county, public agency, or private individual or individuals, incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied. (b) Public agencies participating in a response to a violation of Section 6400 through the use of an aquatic nuisance species may designate one or more of the participating agencies to bring an action to recover costs incurred by all of the participating agencies. (c) The costs relating to an accounting for a violation of Section 6400 through the use of an aquatic nuisance species and the collection of any funds, including, but not limited to, the administrative, legal, and public relations costs of operating a response and remediation program may also be the subject of an action to recover costs which are charged against the responsible person. (Added by Stats. 1998, Ch. 431, Sec. 3. Effective January 1, 1999.)
  72. 12025.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section imposes civil penalties for certain cannabis-related code violations on specified lands, with higher and lower maximum amounts depending on the offense and land type.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12025. (a) In addition to any penalties imposed by any other law, a person found to have violated the code sections described in paragraphs (1) to (11), inclusive, in connection with the production or cultivation of cannabis or cannabis products on land under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the United States Bureau of Land Management, or within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, of more than 50,000 acres, or while trespassing on other public or private land in connection with the production or cultivation of cannabis or cannabis products, shall be liable for a civil penalty as follows: (1) A person who violates Section 1602 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (2) A person who violates Section 5650 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. (3) A person who violates Section 5652 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. (4) A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. (5) A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. (6) A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. (7) A person who violates Section 384a of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (8) A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (9) A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (10) A person who violates Section 2000 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (11) A person who violates Section 2002 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (b) (1) In addition to any penalties imposed by any other law, a person found to have violated the code sections described in this subdivision in connection with the production or cultivation of cannabis or cannabis products on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner shall be liable for a civil penalty as follows: (A) A person who violates Section 1602 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. (B) A person who violates Section 5650 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. (C) A person who violates Section 5652 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. (D) A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. (E) A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. (F) A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. (G) A person who violates Section 384a of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (H) A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. (I) A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. (J) A person who violates Section 2000 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. (K) A person who violates Section 2002 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. (2) Each day that a violation of a code section described in this subdivision occurs or continues to occur shall constitute a separate violation. (c) The civil penalty imposed for each separate violation pursuant to this section is in addition to any other civil penalty imposed for another violation of this section, or any violation of any other law. (d) All civil penalties imposed or collected by a court for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner: (1) Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. (2) Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section. (3) (A) Forty percent shall be deposited into the Cannabis-Impacted Lands Restoration Fund, which is hereby created, to fund the remediation and restoration of lands impacted by cannabis cultivation on public or private lands. (B) Notwithstanding Section 13340 of the Government Code, the Cannabis-Impacted Lands Restoration Fund is continuously appropriated without regard to fiscal years to the department for the purposes set forth in subparagraph (A). (e) Civil penalties authorized pursuant to this section may be imposed administratively by the department if all of the following occur: (1) The chief deputy director or law enforcement division assistant chief in charge of cannabis-related enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, any facts related to natural resources impacts, the provision of law authorizing the civil penalty to be imposed, and the proposed penalty amount. (2) The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing not later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or the director’s designee, which designee shall not be the chief deputy or assistant chief issuing the complaint and order. A request for a hearing shall contain a brief statement of the material facts the party claims support their contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives their right to a hearing if a hearing is not requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final. (3) The director, or the director’s designee, shall control the nature and order of hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director or the director’s designee shall issue a final order within 45 days of the close of the hearing. A copy of the final order shall be served by certified mail upon the party served with the complaint. (4) A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired, or, where the party did not request a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final. (5) The department may adopt regulations to implement this subdivision. (f) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Cannabis-Impacted Lands Restoration Fund. (g) Any civil penalty imposed pursuant to this section for the violation of an offense described in paragraph (4), (5), or (6) of subdivision (a) or subparagraph (D), (E), or (F) of paragraph (1) of subdivision (b) for which the person was convicted shall be offset by the amount of any restitution ordered by a criminal court. (Amended by Stats. 2024, Ch. 839, Sec. 3. (AB 2643) Effective January 1, 2025.)
  73. 12025.1.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person who violates Section 5901 can be liable for a civil penalty of up to $8,000 per violation, and each day of continuing violation can count as a separate violation.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12025.1. (a) In addition to any penalties imposed by any other law, a person found to have violated Section 5901 shall be liable for a civil penalty of not more than eight thousand dollars ($8,000) for each violation. Each day that a violation of Section 5901 occurs or continues without a good faith effort by the person to cure the violation after receiving notice from the department shall constitute a separate violation. (b) All civil penalties imposed or collected by a court for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the manner described in subdivision (d) of Section 12025. (c) All civil penalties imposed or collected by a court for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner: (1) Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. (2) (A) Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section. (B) If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. (3) Forty percent shall be deposited into the Fish and Game Preservation Fund. (d) (1) Civil penalties authorized pursuant to subdivision (a) may be imposed administratively by the department according to the procedures described in paragraphs (1) through (4), inclusive, of subdivision (e) of Section 12025. (2) The department shall adopt emergency regulations to implement this subdivision in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (e) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited according the provisions of subdivision (f) of Section 12025. (f) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this subdivision shall be apportioned in the following manner: (1) Fifty percent shall be deposited into the Fish and Game Preservation Fund. (2) Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code. (g) For purposes of this section, “controlled substance” has the same meaning as defined in Section 11007 of the Health and Safety Code. (Added by Stats. 2015, Ch. 2, Sec. 2. (AB 92) Effective March 27, 2015.)
  74. 12025.2.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The director or a designee may file a complaint against any person or entity for certain Water Code violations that harm fish and wildlife resources, and the department must be made a party to the related State Water Resources Control Board proceeding.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12025.2. The director or his or her designee may issue a complaint to any person or entity in accordance with Section 1055 of the Water Code alleging a violation for which liability may be imposed under Section 1052 or 1847 of the Water Code that harms fish and wildlife resources. The complaint is subject to the substantive and procedural requirements set forth in Section 1055 of the Water Code, and the department shall be designated a party to any proceeding before the State Water Resources Control Board regarding a complaint filed pursuant to this section. (Amended by Stats. 2016, Ch. 32, Sec. 60. (SB 837) Effective June 27, 2016.)
  75. 12026.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person may be eligible for a reward of up to $50,000 if the department determines they provided evidence or information that led to an arrest and conviction for a Section 6400 violation involving an aquatic nuisance species.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12026. Any person whom the department determines has provided evidence or information leading to the arrest and conviction of a person or persons found guilty of violating Section 6400 through the use of an aquatic nuisance species, is eligible to obtain a reward of up to fifty thousand dollars ($50,000) pursuant to Section 2586. (Added by Stats. 1998, Ch. 431, Sec. 4. Effective January 1, 1999.)
  76. 12028.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The department must, if feasible and within available resources, establish and coordinate an environmental crimes task force.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12028. The Legislature finds and declares that: (a) Poaching violations and other violations of the Fish and Game Code have been increasing, and these violations have a detrimental impact on fish and wildlife and their habitats, which are held in trust by the state for the benefit of the people of the state. (b) In order to deter illegal poaching and other violations that adversely impact fish and wildlife, it is important that the department coordinate with other law enforcement entities and the courts to facilitate effective enforcement and prosecution of these offenses. (c) The department, to the extent feasible and subject to available resources, shall establish and coordinate an environmental crimes task force. The task force should involve the participation of the department’s Office of General Counsel working with each of the department’s law enforcement districts. The task force may include coordination with representatives from the California District Attorneys’ Association, the Judicial Council, the Attorney General’s office, and the University of California. Objectives of the task force may include, but are not limited to, providing training, education, and outreach to prosecutors and the courts on Fish and Game Code violations and providing other assistance as appropriate in the prosecution of environmental crimes. (Added by Stats. 2012, Ch. 559, Sec. 25. (AB 2402) Effective January 1, 2013.)
  77. 12029.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The department must set up a watershed enforcement program and a permanent multiagency task force, and it may adopt regulations to raise fees for certain cannabis cultivation sites that need remediation, subject to a fee cap.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [12000 - 12029] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 12029. (a) The Legislature finds and declares all of the following: (1) The environmental impacts associated with cannabis cultivation have increased, and unlawful water diversions for cannabis irrigation have a detrimental effect on fish and wildlife and their habitat, which are held in trust by the state for the benefit of the people of the state. (2) The remediation of existing cannabis cultivation sites is often complex and the permitting of these sites requires greater department staff time and personnel expenditures. The potential for cannabis cultivation sites to significantly impact the state’s fish and wildlife resources requires immediate action on the part of the department’s lake and streambed alteration permitting staff. (b) In order to address unlawful water diversions and other violations of the Fish and Game Code associated with cannabis cultivation, the department shall establish the watershed enforcement program to facilitate the investigation, enforcement, and prosecution of these offenses. (c) The department, in coordination with the State Water Resources Control Board and the Department of Cannabis Control, shall establish a permanent multiagency task force to address the environmental impacts of cannabis cultivation. The multiagency task force, to the extent feasible and subject to available resources, shall expand its enforcement efforts on a statewide level to ensure the reduction of adverse impacts of cannabis cultivation on fish and wildlife and their habitats throughout the state. (d) In order to facilitate the remediation and permitting of cannabis cultivation sites, the department may adopt regulations to enhance the fees on any entity subject to Section 1602 for cannabis cultivation sites that require remediation. The fee schedule established pursuant to this subdivision shall not exceed the fee limits in Section 1609. (Amended by Stats. 2021, Ch. 70, Sec. 99. (AB 141) Effective July 12, 2021.)
  78. 1203.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. )

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    Fish reared in facilities under this article must be released according to the commission’s policy.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. ) ## 1203. The release of fish reared in facilities pursuant to this article shall be made in accordance with the policy of the commission. (Added by Stats. 1975, Ch. 1173.)
  79. 1204.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. )

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    The department must fund Section 1200 agreements only on a matching basis, cannot use appropriated funds to buy equipment or construct facilities, and may be reimbursed for certain related costs.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. ) ## 1204. The department shall fund the agreements provided for in Section 1200 only on a matching basis with the persons or entities who enter into such agreements. Funds appropriated for the purposes of this article shall not be used to purchase equipment or for construction. The department shall be reimbursed from funds appropriated for the purposes of this article for administrative costs, legal costs, and supervisorial costs relating to the execution and supervision of such agreements by the department. (Added by Stats. 1975, Ch. 1173.)
  80. 1205.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. )

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    The department must provide fish of appropriate size and species to people or entities that enter agreements under this article, if appropriate egg sources and funding allow.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. ) ## 1205. The department shall, subject to the limitations of appropriate egg sources and funding, make available fish of appropriate size and species to persons or entities who enter into agreements pursuant to this article. (Added by Stats. 1975, Ch. 1173.)
  81. 1206.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. )

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    Salmon and steelhead raised under this article must be released in streams, rivers, or waters north of Point Conception, and they must have unimpeded access to the sea when released.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. ) ## 1206. Salmon and steelhead raised pursuant to this article shall be released in streams, rivers, or waters north of Point Conception and upon release shall have unimpeded access to the sea. (Added by Stats. 1975, Ch. 1173.)
  82. 1210.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6.5. Transgenic Species of Salmonids [1210- 1210.] ( Article 6.5 added by Stats. 2014, Ch. 444, Sec. 1. )

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    The hatchery production and stocking of transgenic species of salmonids is prohibited.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6.5. Transgenic Species of Salmonids [1210- 1210.] ( Article 6.5 added by Stats. 2014, Ch. 444, Sec. 1. ) ## 1210. (a) The hatchery production and stocking of transgenic species of salmonids is prohibited. (b) As used in this section, “transgenic” has the same meaning as in Section 1.92 of Title 14 of the California Code of Regulations, as that section read on May 14, 2003. (Added by Stats. 2014, Ch. 444, Sec. 1. (AB 504) Effective January 1, 2015.)
  83. 12150.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    If a person taking a bird or mammal kills or wounds someone, the department must notify the district attorney, and the court may then impose a bird-or-mammal taking ban depending on fault.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12150. Whenever any person, while taking a bird or mammal, kills or wounds any human being and that fact is ascertained by the department, the department shall notify the district attorney of the county in which the act occurred. The district attorney may thereupon bring an action in the superior court of the county in which the act occurred for the purpose of determining the cause of the killing or the wounding. These proceedings shall be conducted in the same manner as an action to try a misdemeanor and the defendant may request that all findings of fact shall be made by a jury. The court shall inform the defendant of the nature of the proceedings and of the defendant’s right to have a jury. If it is found that the defendant did the killing or wounding, but that it was not intentional or negligent, the court shall dismiss the proceeding. Otherwise, if it is found that the defendant did the killing or wounding intentionally, by an act of gross negligence, or while under the influence of alcohol, the court shall issue an order permanently prohibiting the defendant from taking any bird or mammal. If it is found that the defendant was negligent, but not grossly negligent, the court shall issue an order prohibiting the defendant from taking any bird or mammal for a period specified at the discretion of the court but not less than five years. (Amended by Stats. 2003, Ch. 449, Sec. 17. Effective January 1, 2004.)
  84. 12150.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A person whose license was revoked under Section 12150 may ask the same court for a new trial. The petition is denied if the revocation involved intentional conduct, gross negligence, or alcohol. If the revocation was only negligent and not grossly negligent, the court may adjust the no-license period and later authorize a license.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12150.5. Any person whose license has heretofore been revoked pursuant to Section 12150 may, upon petition, obtain a new trial in the court which originally revoked his license. Such trial shall be with a jury if requested as provided in Section 12150, and shall be to determine if the revocation was based on an intentional or grossly negligent act or an act committed while under the influence of alcohol, in which case the petition shall be denied. If however, it was based on a negligent act not amounting to gross negligence the court may review and redetermine the length of time for which no license should be issued such person. The court may authorize the issuance of a license to the person after such time as the court shall determine to be proper in light of the circumstances. (Added by Stats. 1961, Ch. 2210.)
  85. 12150.6.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    Certain people barred from taking birds or mammals cannot get a hunting license or take birds or mammals unless they file proof of ability to pay damages with the department.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12150.6. (a) Any person who has been prohibited from taking any bird or mammal pursuant to Section 12150 or 12151 shall not apply for a hunting license or take any bird or mammal unless the person has filed with the department proof of ability to respond in damages in an amount of at least ten thousand dollars ($10,000) for personal injury or death of any person, subject to a maximum of twenty thousand dollars ($20,000) for such injury or the death of two or more persons in any one accident and at least five thousand dollars ($5,000) for property damage resulting from any one accident. (b) Proof of ability to respond in damages may be given by any of the following: (1) The written certificate of any insurance carrier duly authorized to do business within the state that it has issued to or for the benefit of the person named a public liability insurance policy which is, at the date of the certificate, in full force and effect. The certificate shall certify that the policy therein cited shall not be canceled except upon 10 days’ prior written notice to the department. (2) A bond in the amount of twenty-five thousand dollars ($25,000) approved by a judge of a court of record. The bond shall be conditioned for the payment of the amounts specified in this section and shall provide for the entry of judgment on motion of the state in favor of any holder of any final judgment on account of damages to property or injury to any person caused while the licensee is taking any bird or mammal. (Amended by Stats. 1982, Ch. 517, Sec. 232.)
  86. 12150.7.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    The department must cancel a bond or return deposited money or securities to the entitled person when requested, and also in listed circumstances.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12150.7. The department shall, upon request, cancel any bond or shall direct the return to the person entitled thereto of any money or securities deposited pursuant to this code as proof of ability to respond in damages: (a) On the filing of an affidavit with the department that the person will not thereafter engage in the taking of any bird or mammal. (b) In the event of the permanent incapacity of such person to engage in the taking of any bird or mammal. (c) Upon the death of the person on whose behalf such proof was filed. (Added by Stats. 1961, Ch. 2210.)
  87. 12150.8.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A person required to file proof of ability to respond in damages may not apply for a hunting license or take any bird or mammal until additional proof is filed with the department.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12150.8. Whenever any claim is made against any such person or judgment is rendered against any such person required to file proof of ability to respond in damages, such person shall not apply for a hunting license or take any bird or mammal until additional proof of ability to respond in damages has been filed with the department in an amount sufficient to provide proof of ability to respond in damages in the amount specified in Section 12150.6 over and above all claims made against previously filed proof of ability to respond in damages. (Added by Stats. 1961, Ch. 2210.)
  88. 12151.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    If someone taking a bird or mammal kills or wounds another person’s domestic animal, the department must notify the district attorney, and the court may later bar the defendant from taking birds or mammals for five years if the act was intentional or negligent.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12151. Whenever any person, while taking a bird or mammal, kills or wounds any domestic animal belonging to another and that fact is ascertained by the department, the department shall notify the district attorney of the county in which the act occurred. The district attorney may thereupon bring an action in the superior court of the county in which the act occurred for the purpose of determining the cause of the killing or wounding. These proceedings shall be conducted in the same manner as an action to try a misdemeanor and the defendant may request that all findings of fact shall be made by a jury. The court shall inform the defendant of the nature of the proceedings and of the defendant’s right to have a jury. If it is found that the defendant did the killing or wounding but that it was not intentional or negligent, the court shall dismiss the proceeding. Otherwise, if it is found that the defendant did the killing or wounding intentionally or negligently, the court shall issue an order prohibiting the defendant from taking any bird or mammal for a period of five years. (Amended by Stats. 2003, Ch. 449, Sec. 18. Effective January 1, 2004.)
  89. 12151.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A person who, while hunting, kills or wounds or witnesses the killing or wounding of a human being or another person’s domestic animal must send a complete written report to the Department of Fish and Wildlife within 48 hours after the incident.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12151.5. A person who, while hunting, kills or wounds or witnesses the killing or wounding of a human being, or domestic animal belonging to another, shall, within 48 hours after the incident, forward a complete written report to the Department of Fish and Wildlife, 1416 Ninth Street, Sacramento, California 95814, providing the reporter’s full name and address and all facts relating to the incident. (Amended by Stats. 2015, Ch. 154, Sec. 108. (AB 1527) Effective January 1, 2016.)
  90. 12152.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    If a person is barred from taking a bird or mammal under Sections 12150 or 12151, the court must report the facts to the department, and the department must keep and share records of the order.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12152. Whenever a person has been prohibited from taking any bird or mammal pursuant to Section 12150 or Section 12151, the court in which the proceeding for such action was had shall report the facts to the department at its Sacramento headquarters office. The report shall show the date and place of the occurrence, the name and address of the person who did the killing or wounding, the name and address of the person who was killed or wounded or the name and address of the owner of the animal, as the case may be, and such other information as the department may require. The department shall maintain a record of all orders issued under Section 12150 and Section 12151. The record shall show the name and address of the person involved, the date of such action, and the date of expiration of such order. The department shall periodically transmit copies of such records to each person authorized to issue a hunting license and to each district attorney in the State. (Amended by Stats. 1961, Ch. 2210.)
  91. 12153.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A commercial fishing license is forfeited if there is a violation of the listed sections or of code provisions about nets.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12153. A commercial fishing license is forfeited for the violation of Sections 1050.1 to 1059, inclusive, or Section 2012, or of any of the provisions of this code relating to the use of nets. (Amended by Stats. 2023, Ch. 132, Sec. 221. (AB 1760) Effective January 1, 2024.)
  92. 12154.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    If a qualifying violation leads to conviction, the department may suspend or permanently revoke hunting or sport fishing privileges. Affected persons may appeal to the commission, which must start the appeal process within 12 months of the appeal request. A judge may also order seizure or forfeiture of devices or gear used in certain offenses.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12154. (a) Upon a conviction of a violation of this code or any regulation adopted pursuant thereto that is punishable pursuant to Section 12012, 12013, 12013.3, or 12013.5, the department may suspend or permanently revoke a person’s hunting or sport fishing license or permit privileges. (b) (1) Any person whose privileges are suspended or revoked pursuant to this section may appeal the suspension or revocation to the commission. The commission shall initiate the appeal process within 12 months of the violator’s appeal request. The commission shall consider at least the nature, circumstances, extent, and gravity of the person’s violations, the person’s culpability for the violations, and the injury to natural resources by the violations, and may restore a person’s hunting or sport fishing license or permit privileges. (2) The department may adopt regulations to implement this subdivision. (c) Pursuant to subdivision (c) of Section 12157, a judge may order the seizure or forfeiture of any device or apparatus, including a vessel, vehicle, or hunting or fishing gear, that is used in committing an offense punishable under Section 12012, 12013, 12013.3, or 12013.5. (Amended by Stats. 2012, Ch. 590, Sec. 5. (AB 1162) Effective January 1, 2013.)
  93. 12155.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    After certain repeat convictions for bird- or mammal-related violations, a person is barred from taking birds or mammals in the state for three years, and the commission must revoke that person’s hunting license.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12155. (a) Upon the third conviction of a person of a violation of any provision of this code or regulation adopted pursuant to this code relating to the taking or possession of a bird or mammal in a five-year period, and upon a conviction subsequent to the three convictions during a five-year period, that person shall be prohibited from taking a bird or mammal in the state for three years from the date of the last conviction. The commission shall revoke a hunting license of a person prohibited from taking a bird or mammal in this state for the period of prohibition. (b) It shall be unlawful for a person to obtain, or attempt to obtain, a hunting license during a period of prohibition. (Amended by Stats. 2015, Ch. 154, Sec. 109. (AB 1527) Effective January 1, 2016.)
  94. 12155.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    The commission must make rules for suspending or revoking hunting and sport fishing privileges, including notice and a hearing.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12155.5. (a) The commission shall adopt regulations and procedures governing the revocation or suspension of hunting or sport fishing privileges. The regulations shall provide for notice and opportunity for a hearing. (b) Any person, whose license was revoked pursuant to Section 12154, 12155, or 12156, may appeal to the commission for reissuance of the license and termination of the prohibition against the taking of fish, reptiles, amphibia, or birds or mammals. (c) After a public hearing at which the person has appeared in person, the commission may terminate the prohibition and authorize the issuance of a license if it finds that there are sufficient mitigating circumstances to warrant that action. (d) It is unlawful for a person whose hunting or sport fishing privileges have been revoked or suspended to obtain or attempt to obtain, or to possess a hunting or sport fishing license, permit, or tag during that suspension or revocation period. (e) Any person who violates subdivision (d) is guilty of an infraction punishable by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000), or of a misdemeanor. (Amended by Stats. 2003, Ch. 291, Sec. 7. Effective January 1, 2004.)
  95. 12156.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A convicted licensed or required-to-be-licensed person may be barred from taking fur-bearing or nongame mammals in the state for three years, and the commission must revoke any trapping license during that bar.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12156. No person who is licensed or required to be licensed pursuant to Section 4005 and who is convicted of a violation of any provision of Article 1 (commencing with Section 4000) of Chapter 2 of Part 3 of Division 4 or of Section 4150 shall take any fur-bearing or nongame mammal in the state for three years from the date of the next regularly scheduled meeting of the commission held at least 30 days after the date of that conviction. The commission shall revoke the trapping license of the person who is prohibited from taking fur-bearing and nongame mammals in the state, if the person has one, for the period of prohibition. No person shall obtain, or attempt to obtain, a trapping license during a period of prohibition. (Repealed and added by Stats. 1985, Ch. 127, Sec. 3.)
  96. 12156.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A judge may revoke a guide’s privilege to hunt, fish, or guide for up to three years after conviction, and it is unlawful to apply for certain licenses during the revocation period.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12156.5. (a) The judge before whom any guide, as defined in Section 2535, is arraigned for a violation of this code, or regulation adopted pursuant thereto, may, upon the conviction of the person, order the revocation of the person’s privilege to hunt, fish, or guide for a period not to exceed three years from the date of the conviction. (b) For purposes of this section, a plea of nolo contendere or no contest or a forfeiture of bail is a conviction. (c) It shall be unlawful for any person to obtain, or attempt to obtain a guide license, sportfishing license, or hunting license during a period of revocation imposed under this section. (d) Neither the disposition of the criminal action other than by conviction nor the discretionary refusal of the judge to order revocation upon conviction impairs the right of the department to commence proceedings to order revocation of the guide license pursuant to Section 2546. (Added by Stats. 1986, Ch. 750, Sec. 16.)
  97. 12157.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    This section lets or requires judges to forfeit devices, apparatuses, and sometimes vehicles used in certain wildlife and related offenses, with exceptions for some vehicle situations.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12157. (a) Except as provided in subdivision (b), the judge before whom any person is tried for a violation of any provision of this code, or regulation adopted pursuant thereto, may, upon the conviction of the person tried, order the forfeiture of any device or apparatus that is designed to be, or is capable of being, used to take birds, mammals, fish, reptiles, or amphibia and that was used in committing the offense charged. (b) The judge shall, if the offense is punishable under Section 12008 or 12008.1 of this code or under subdivision (c) of Section 597 of the Penal Code, order the forfeiture of any device or apparatus that is used in committing the offense, including, but not limited to, any vehicle that is used or intended for use in delivering, importing, or exporting any unlawfully taken, imported, or purchased species. (c) (1) The judge may, for conviction of a violation of any of the following offenses, order forfeiture of any device or apparatus that is used in committing the offense, including, but not limited to, any vehicle used or intended for use in committing the offense: (A) Section 2000 relating to deer, elk, antelope, feral pigs, European wild boars, black bears, and brown or cinnamon bears. (B) Any offense that involves the sale, purchase, or possession of abalone for commercial purposes. (C) Any offense that involves the sale, purchase, or possession of sturgeon or lobster, pursuant to Section 7370 or 8254. (D) Any offense that involves a violation of Section 12012. (E) A violation of subdivision (b) of Section 12013. (2) In considering an order of forfeiture under this subdivision, the court shall take into consideration the nature, circumstances, extent, and gravity of the prohibited act committed, the degree of culpability of the violator, the property proposed for forfeiture, and other criminal or civil penalties imposed on the violator under other provisions of law for that offense. The court shall impose lesser forfeiture penalties under this subdivision for those acts that have little significant effect upon natural resources or the property of another and greater forfeiture penalties for those acts that may cause serious injury to natural resources or the property of another, as determined by the court. In determining whether or not to order forfeiture of a vehicle, the court shall, in addition to any other relevant factor, consider whether the defendant is the owner of the vehicle and whether the owner of the vehicle had knowledge of the violation. (3) It is the intent of the Legislature that forfeiture not be ordered pursuant to this subdivision for minor or inadvertent violations, as determined by the court. (d) A judge shall not order the forfeiture of a vehicle under this section if there is a community property interest in the vehicle that is owned by a person other than the defendant and the vehicle is the only vehicle available to the defendant’s immediate family that may be operated on the highway with a class A, class B, or class C driver’s license. (e) Any device or apparatus ordered forfeited shall be sold, used, or destroyed by the department. (f) (1) The proceeds from all sales under this section, after payment of any valid liens on the forfeited property, shall be paid into the Fish and Game Preservation Fund. (2) A lien in which the lienholder is a conspirator is not a valid lien for purposes of this subdivision. (g) The provisions in this section authorizing or requiring a judge to order the forfeiture of a device or apparatus also apply to the judge, referee, or juvenile hearing officer in a juvenile court action brought under Section 258 of the Welfare and Institutions Code. (h) For purposes of this section, a plea of nolo contendere or no contest, or forfeiture of bail, constitutes a conviction. (i) Neither the disposition of the criminal action other than by conviction nor the discretionary refusal of the judge to order forfeiture upon conviction impairs the right of the department to commence proceedings to order the forfeiture of fish nets or traps pursuant to Section 8630. (Amended by Stats. 2016, Ch. 340, Sec. 10. (SB 839) Effective September 13, 2016.)
  98. 12157.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A judge may order forfeiture of a motor vehicle or snowmobile used in certain convictions, and the department must sell or destroy any forfeited vehicle.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12157.5. The judge before whom any person is tried and convicted of violating Sections 2004 and 2016 and, at the same proceeding, is also tried and convicted of violating Section 2001 or 2005 may, in his discretion, order the forfeiture of any motor vehicle or snowmobile used in committing one or more of the offenses charged. Any vehicle so forfeited shall be sold or destroyed by the department. The proceeds from all such sales shall be paid into the Fish and Game Preservation Fund, except that any valid liens on the forfeited property shall first be paid from proceeds of the sale unless the lienholder is a conspirator. For purposes of this section, forfeiture of bail or a plea of nolo contendere shall constitute a conviction. (Added by Stats. 1980, Ch. 1006, Sec. 2.)
  99. 12158.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A court may suspend or revoke a sport fishing or hunting license after a conviction for a related non-profit hunting or fishing violation, and a person who gets another such license while suspended or revoked commits a misdemeanor.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12158. The sport fishing or hunting license of any person to whom such a license has been issued, may, in the discretion of the court, be suspended or revoked upon his conviction of a violation of any provision of this code or regulation made pursuant thereto relating to hunting or fishing for purposes other than profit, in addition to any fine or other punishment imposed. Any person who obtains another hunting or fishing license during the period his license has been suspended or revoked is guilty of a misdemeanor. (Enacted by Stats. 1957, Ch. 456.)
  100. 12158.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A no contest plea or forfeiture of bail counts as a conviction for laws on suspending, revoking, or forfeiting licenses or permits.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12158.5. For the purpose of invoking any provision of this code, or any rule, regulation, or order made or adopted under this code, relating to the suspension, revocation, or forfeiture of any license or permit, a plea of nolo contendere or “no contest” to, or forfeiture of bail from, a charge of a violation of any provision of this code, or any rule, regulation, or order made or adopted under this code, is a conviction of a violation thereof. (Amended by Stats. 1984, Ch. 472, Sec. 5.)
  101. 12159.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    The department must seize certain wildlife and related products if they were handled contrary to state law, and it must give notice of the seizure to the known possessor.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12159. All birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, which have been taken, possessed, sold, imported, or transported contrary to any of the laws of this state shall be seized by the department, and, in accordance with the commission’s regulations, notice of seizure shall be given to the person who had possession of the birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, at the time of the seizure if that person is known. (Amended by Stats. 2009, Ch. 294, Sec. 29. (AB 1442) Effective January 1, 2010.)
  102. 12159.5.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A judge may, in the court’s discretion, order forfeiture of proceeds from taking protected wildlife, after conviction for a related code violation.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12159.5. The judge before whom any person is tried for a violation of a provision of this code that prohibits the taking of any endangered species, threatened species, or fully protected bird, mammal, reptile, amphibian, or fish, as specified by Sections 12008 and 12008.1, may, in the court’s discretion and upon the conviction of that person, order the forfeiture of any proceeds resulting from the taking of the endangered species, threatened species, or fully protected bird, mammal, reptile, amphibian, or fish. (Amended by Stats. 2016, Ch. 340, Sec. 11. (SB 839) Effective September 13, 2016.)
  103. 12160.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    Seized wildlife or related products worth at least $100 must be promptly put to economical use, and the proceeds go into the Fish and Game Preservation Fund; if the seizure-related offense does not lead to conviction, the proceeds must be returned.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12160. All birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, seized in accordance with Section 12159, the sale of which is not prohibited and which have a current market value of one hundred dollars ($100) or more, shall be packed, preserved, sold for bait, used for fish food in state-owned fish hatcheries, or otherwise put to economical use immediately upon seizure, at the prevailing market price for legal birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians in effect on the date of seizure. Any proceeds thereof shall be placed in the Fish and Game Preservation Fund. If the person from whom such birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians were seized is not convicted in a court of competent jurisdiction for the offense out of which the seizure arose, then and in that event the proceeds shall be returned to that person. (Amended by Stats. 2009, Ch. 294, Sec. 30. (AB 1442) Effective January 1, 2010.)
  104. 12161.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    After conviction, the judge must order forfeiture and disposal of the listed wildlife or parts taken, possessed, sold, imported, or transported unlawfully; if the items cannot be lawfully sold or are worth less than $100, the judge may instead order donation or destruction.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12161. The judge before whom any person is tried for taking, possessing, selling, importing, or transporting birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians or parts thereof contrary to the laws of this state shall upon the conviction of the accused make an order forfeiting and disposing of the birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or parts thereof, in accordance with the provisions of Section 12160. However, if the birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or parts thereof may not be sold lawfully or have a current market value of less than one hundred dollars ($100), the judge may at his or her discretion order that they be donated to a state, county, city, or any charitable institution, or that they be destroyed. (Amended by Stats. 2009, Ch. 294, Sec. 31. (AB 1442) Effective January 1, 2010.)
  105. 12162.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Seized birds, mammals, fish, reptiles, or amphibians may be sold or donated if no one can be identified as having taken or handled them unlawfully.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12162. A bird, mammal, fish, reptile, or amphibian seized under circumstances in which it cannot be determined who took, possessed, sold, imported, or transported the bird, mammal, fish, reptile, or amphibian contrary to law may be sold or donated to a state, county, city, city and county, or charitable institution. (Amended by Stats. 2015, Ch. 154, Sec. 110. (AB 1527) Effective January 1, 2016.)
  106. 12163.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A buyer of certain animals from the department must pay the department on delivery the prevailing market price, for deposit in the Fish and Game Preservation Fund.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12163. A person who purchases birds, mammals, fish, reptiles, or amphibians from the department pursuant to the preceding sections shall, upon delivery, pay to the department, for deposit in the Fish and Game Preservation Fund, the prevailing market price for legal birds, mammals, fish, reptiles, or amphibians in effect on the date of seizure. (Amended by Stats. 2015, Ch. 154, Sec. 111. (AB 1527) Effective January 1, 2016.)
  107. 12164.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    If someone is convicted of trespassing under Penal Code Section 602, the court must confiscate any bird or mammal taken while trespassing and must send it to a charitable institution or have it destroyed if it is not fit for human consumption.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12164. The court before whom a person has been convicted of trespassing under Section 602 of the Penal Code shall, in addition to any other fine or forfeiture imposed, confiscate any bird or mammal taken while trespassing, and shall dispose of the bird or mammal to a charitable institution or cause it to be destroyed if unfit for human consumption. (Amended by Stats. 2015, Ch. 154, Sec. 112. (AB 1527) Effective January 1, 2016.)
  108. 12165.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    A court may revoke a guide license if the guide is convicted of violating this code or related regulations. A person who gets another guide license within two years after revocation or forfeiture commits a misdemeanor.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12165. When any person licensed as a guide under Section 2536 is adjudged guilty by a court of competent jurisdiction of violating or permitting the violation of any provision of this code or regulation made pursuant thereto, in addition to any fine or other punishment imposed, the court may revoke his guide license. Any person who obtains another guide license within two years after a guide license issued to him has been revoked or forfeited, is guilty of a misdemeanor. (Enacted by Stats. 1957, Ch. 456.)
  109. 12166.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A dismissal under Penal Code Section 1203.4 or 1203.4a does not undo a prior fish-and-game license or permit revocation or suspension, and it does not stop the commission or a court from revoking or suspending such a license or permit.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Forfeitures, Revocation, and Seizures [12150 - 12166] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 12166. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code does not affect either a past revocation or suspension of any license or permit to take fish or game or the authority of the commission or a court to revoke or suspend a license or permit to take fish and game. (Added by Stats. 1983, Ch. 1048, Sec. 20. Effective September 26, 1983.)
  110. 1225.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Nonprofit Partnerships [1225 - 1227] ( Article 7 added by Stats. 2012, Ch. 559, Sec. 16. )

    Verify source ↗

    Money from specified gifts, bequests, appropriations, or donations for conservation-related purposes must be deposited into the Fish and Game Preservation Fund and then used for conservation-related purposes.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Nonprofit Partnerships [1225 - 1227] ( Article 7 added by Stats. 2012, Ch. 559, Sec. 16. ) ## 1225. All moneys collected or received from gifts or bequests, or from municipal or county appropriations or donations for purposes relating to conservation programs, projects, and activities by the department shall be deposited in the State Treasury to the credit of the Fish and Game Preservation Fund. All moneys deposited pursuant to this section shall be used for purposes relating to conservation programs, projects, and activities by the department. (Added by Stats. 2012, Ch. 559, Sec. 16. (AB 2402) Effective January 1, 2013.)
  111. 1226.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Nonprofit Partnerships [1225 - 1227] ( Article 7 added by Stats. 2012, Ch. 559, Sec. 16. )

    Verify source ↗

    The department may make agreements to accept funds or services for conservation-related work, and received funds must go into the Fish and Game Preservation Fund.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Nonprofit Partnerships [1225 - 1227] ( Article 7 added by Stats. 2012, Ch. 559, Sec. 16. ) ## 1226. (a) The department may enter into one or more agreements to accept funds from any person, nonprofit organization, or other public or private entity for purposes relating to conservation programs, projects, and activities by the department. Any funds received pursuant to this section shall be deposited in the Fish and Game Preservation Fund. The funds received shall supplement existing resources for purposes relating to conservation programs, projects, and activities by the department. (b) The department may enter into one or more agreements to accept services from any person, nonprofit organization, or other public or private entity for purposes relating to conservation programs, projects, and activities by the department. Under the direction of the department, these services shall supplement existing staff resources. Agreements for services for the management and operation of department-managed lands shall be subject to the provisions of Section 1745. (Added by Stats. 2012, Ch. 559, Sec. 16. (AB 2402) Effective January 1, 2013.)
  112. 1227.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Nonprofit Partnerships [1225 - 1227] ( Article 7 added by Stats. 2012, Ch. 559, Sec. 16. )

    Verify source ↗

    The department may enter into agreements to help secure long-term private funding for conservation programs, projects, and activities.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. Nonprofit Partnerships [1225 - 1227] ( Article 7 added by Stats. 2012, Ch. 559, Sec. 16. ) ## 1227. Notwithstanding any other law, the department may enter into one or more agreements with a person, nonprofit organization, or other public or private entity, as may be appropriate, to assist the department in its efforts to secure long-term private funding sources for purposes relating to conservation programs, projects, and activities by the department. The authority to enter into an agreement under this section shall include, but not be limited to, the authority to secure donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements. (Amended by Stats. 2015, Ch. 154, Sec. 35. (AB 1527) Effective January 1, 2016.)
  113. 12300.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. California Indians [12300- 12300.] ( Chapter 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The code does not apply to certain California Indians on their tribe’s reservation in specified circumstances, and they cannot be prosecuted for code violations there, except for provisions banning sales of birds, mammals, fish, amphibians, or reptiles.

    ## Fish and Game Code - FGC ## DIVISION 9. FINES AND PENALTIES [12000 - 12300] ( Division 9 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. California Indians [12300- 12300.] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## 12300. (a) Notwithstanding any other provision of law, the provisions of this code are not applicable to California Indians whose names are inscribed upon the tribal rolls, while on the reservation of that tribe and under those circumstances in this state where the code was not applicable to them immediately before the effective date of Public Law 280, Chapter 505, First Session, 1953, 83d Congress of the United States. (b) No Indian described in subdivision (a) shall be prosecuted for the violation of any provision of this code occurring in the places and under the circumstances described in subdivision (a). Nothing in this section, however, prohibits or restricts the prosecution of an Indian for the violation of a provision of this code prohibiting the sale of a bird, mammal, fish, amphibian, or reptile. (Amended by Stats. 2015, Ch. 154, Sec. 113. (AB 1527) Effective January 1, 2016.)
  114. 13.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    A required notice or written communication is sufficient if sent by first-class mail to the last address the person gave to the department, unless another statute says otherwise.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 13. Unless otherwise specified by statute, any notice or other written communication required to be sent to any person by this code or regulations adopted pursuant thereto, is sufficient notice if sent by first-class mail to the last address furnished to the department by that person. (Amended by Stats. 1994, Ch. 935, Sec. 1. Effective January 1, 1995.)
  115. 13.5.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Adaptive management” means managing biological resources by using new information over time and adjusting strategies to meet conservation and management goals.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 13.5. “Adaptive management,” unless otherwise specified in this code, means management that improves the management of biological resources over time by using new information gathered through monitoring, evaluation, and other credible sources as they become available, and adjusts management strategies and practices to assist in meeting conservation and management goals. Under adaptive management, program actions are viewed as tools for learning to inform future actions. (Added by Stats. 2012, Ch. 559, Sec. 3. (AB 2402) Effective January 1, 2013.)
  116. 1300.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1300 - 1301] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This chapter may be cited as the Wildlife Conservation Law of 1947.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1300 - 1301] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1300. This chapter is known and may be cited as the Wildlife Conservation Law of 1947. (Enacted by Stats. 1957, Ch. 456.)
  117. 13000.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The Fish and Game Preservation Fund in the State Treasury continues to exist.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13000. The Fish and Game Preservation Fund in the State Treasury is continued in existence. (Enacted by Stats. 1957, Ch. 456.)
  118. 13001.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Money collected under this code and related wildlife-protection laws must be paid into the State Treasury for the Fish and Game Preservation Fund. The Controller may use that fund for loans to the General Fund, subject to the cited Government Code sections.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13001. (a) Unless otherwise provided, all money collected under the provisions of this code and of any other law relating to the protection and preservation of birds, mammals, fish, reptiles, or amphibia shall be paid into the State Treasury to the credit of the Fish and Game Preservation Fund. (b) Notwithstanding any other provision of law, the Controller may use the Fish and Game Preservation Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (Amended by Stats. 2008, Ch. 751, Sec. 18. Effective September 30, 2008.)
  119. 13001.5.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The department must prepare annual fund condition statements for the Fish and Game Preservation Fund and post separate statements for each account or subaccount by January 10 each year.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13001.5. (a) The department shall prepare annually, for inclusion in the Governor’s Budget, a fund condition statement for the Fish and Game Preservation Fund that displays both of the following: (1) Information relating to the total amounts of revenues and expenditures with regard to the moneys in the fund that are deposited in an account or subaccount in the fund. (2) Information relating to revenues and expenditures with regard to all moneys in the fund that are not deposited in an account or subaccount in the fund. (b) For the purposes of subdivision (a), the department shall prepare the fund condition statement in a manner that is similar to the fund condition statement relating to the Fish and Game Preservation Fund included in the 2003–04 Governor’s Budget. (c) The department shall prepare, for posting on its Internet Web site on or before January 10, of each year, a fund condition statement for each account or subaccount in the fund. (Added by Stats. 2006, Ch. 77, Sec. 4. Effective July 18, 2006.)
  120. 13002.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must pay money from license sales into the State Treasury at least once a month.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13002. The department shall pay into the State Treasury at least once a month the money received by it from the sale of licenses issued under the provisions of this code. (Enacted by Stats. 1957, Ch. 456.)
  121. 13003.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Fines and forfeitures must generally be deposited with the county treasurer, and the county auditor must send a record to the Controller; the department may hire legal counsel and use funds for certain enforcement-related legal costs.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13003. Unless otherwise provided by law, all fines and forfeitures imposed or collected in any court of this state for violations of any of the provisions of this code or regulation made pursuant thereto, or any other law providing for the protection or preservation of birds, mammals, fish, reptiles, or amphibia, shall be deposited as soon as practicable after the receipt thereof with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid at least once a month as follows: (a) One-half to the Treasurer, by warrant of the county auditor drawn upon the requisition of the clerk or judge of the court, for deposit in the Fish and Game Preservation Fund in the State Treasury on order of the Controller. At the time of such transmittal, the county auditor shall forward to the Controller, on such form or forms as the Controller may prescribe, a record of the imposition, collection, and payment of the fines or forfeitures. The department may employ legal counsel and may expend these funds to pay the costs of legal actions brought in the name of the people relating to the enforcement of this code by a district attorney, city attorney, or the department, as appropriate. (b) One-half to the county in which the offense was committed. (Amended by Stats. 1991, Ch. 1193, Sec. 2.)
  122. 13005.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must split revenue from certain lifetime hunting and fishing licenses and privilege packages into specified funds and accounts.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13005. Notwithstanding Section 13001, the department shall deposit funds from the sale of lifetime hunting licenses and lifetime hunting privileges issued pursuant to Section 3031.2, and lifetime sport fishing licenses and lifetime privileges issued pursuant to Section 7149.2 as follows: (a) For each lifetime fishing license issued pursuant to Section 7149.2, the collected fee shall be deposited as follows: (1) Of those funds, 66.67 percent shall be deposited into the Fish and Game Preservation Fund. (2) Of those funds, 33.33 percent shall be deposited into the Hatchery and Inland Fisheries Fund. (b) For each lifetime hunting license issued pursuant to Section 3031.2, 100 percent of the collected fee shall be deposited into the Fish and Game Preservation Fund pursuant to Section 13001. (c) For each lifetime sport fishing privilege package issued pursuant to subdivision (e) of Section 7149.2, the collected fee shall be deposited as follows: (1) Of those funds, 48.37 percent shall be deposited into the Fish and Game Preservation Fund. (2) Of those funds, 14.75 percent shall be deposited into the Hatchery and Inland Fisheries Fund. (3) Of those funds, 21.31 percent shall be deposited into the Steelhead Trout account in the Fish and Game Preservation Fund. (4) Of those funds, 15.57 percent shall be deposited into the California Ocean Resources Enhancement and Hatchery Program account in the Fish and Game Preservation Fund. (d) The collected fee for each big game privilege package purchased pursuant to subdivision (c) of Section 3031.2 shall be deposited as follows: (1) Of those funds, 91.92 percent shall be deposited into the Big Game Management Account in the Fish and Game Preservation Fund. (2) Of those funds, 8.08 percent shall be deposited into the Fish and Game Preservation Fund. (e) The collected fee for each lifetime bird hunting privilege package issued pursuant to subdivision (d) of Section 3031.2 shall be deposited as follows: (1) Of those funds, 68.47 percent shall be deposited into the State Duck Stamp Account in the Fish and Game Preservation Fund. (2) Of those funds, 31.53 percent shall be deposited into the Upland Game Bird Account in the Fish and Game Preservation Fund. (Repealed and added by Stats. 2017, Ch. 26, Sec. 35. (SB 92) Effective June 27, 2017.)
  123. 13006.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Money collected from Section 12021 penalties, fines, or forfeitures may be used only to pay the department’s costs for supporting the secret witness program.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13006. Notwithstanding Section 13001, the money collected from the penalties on fines, penalties, or forfeitures levied pursuant to Section 12021 shall be used only to pay the department’s costs of support for the department’s secret witness program. The purpose of the secret witness program is to facilitate the enforcement of this code and regulations adopted pursuant to this code. Contributions to the secret witness program may also be made pursuant to subdivision (k) of Section 13103. (Added by Stats. 1994, Ch. 1215, Sec. 2. Effective January 1, 1995.)
  124. 13007.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The department must deposit most sport fishing license fee revenue into a special fund and use those funds for hatchery and trout-related programs, production targets, staffing, and related activities.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13007. (a) Notwithstanding Section 13001, 331/3 percent of all sport fishing license fees collected pursuant to Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of Division 6, except license fees collected pursuant to Section 7149.8, shall be deposited into the Hatchery and Inland Fisheries Fund, which is hereby established in the State Treasury. Moneys in the fund may be expended, consistent with the Strategic Plan for Trout Management and Chapter 7.2 (commencing with Section 1725) of Division 2, and, upon appropriation by the Legislature, to support programs of the department related to management, maintenance, and capital improvement of California’s fish hatcheries, the Heritage and Wild Trout program, and enforcement activities related thereto, and to support other activities eligible to be funded from revenue generated by sport fishing license fees. (b) The department shall use sport fishing license fees collected and subject to appropriation pursuant to subdivision (a) for the following purposes: (1) For the department’s attainment of a state hatchery production goal of 2.75 pounds of released trout per sport fishing license sold in the calendar year ending two and one-half years earlier, based on the sales of the following types of sport fishing licenses: resident; lifetime; nonresident year; nonresident, 10-day; 2-day; 1-day; and reduced fee. The predominant number of released fish shall be of catchable size or larger. The department shall attain this goal in compliance with Fish and Game Commission trout policies concerning catchable-sized trout stocking, the Strategic Plan for Trout Management, and Chapter 7.2 (commencing with Section 1725) of Division 2. (2) To the Heritage and Wild Trout Program, at least two million dollars ($2,000,000), for the following purposes: (A) At least seven new permanent positions for the Heritage and Wild Trout Program. (B) Permanent positions and seasonal aides in each region of the state as necessary to contribute to the objectives of this section, the objectives of the Strategic Plan for Trout Management pursuant to Section 1728, and other activities necessary to the program. (C) The development of trout management plans pursuant to Chapter 7.2 (commencing with Section 1725) of Division 2. (D) The department may expend up to 25 percent of the funds made available to the Heritage and Wild Trout Program for watershed restoration projects, resource assessment, or scientific inquiry. The department may enter into contracts with qualified entities including local governments, special districts, tribes, and nonprofit organizations for the purposes of this subparagraph. (3) For the development of the department’s Strategic Plan for Trout Management pursuant to Section 1728. (4) The department shall ensure that the numbers of native California trout, as defined in Section 7261, produced are sufficient to equal or exceed 25 percent of the numbers of trout produced by the state fish hatcheries to comply with paragraph (1). The native trout produced in accordance with this paragraph shall support department efforts to protect and restore cold water ecosystems, maintain biological diversity, and provide diverse angling opportunities. Coastal rainbow trout/steelhead produced for anadromous mitigation purposes shall be excluded from contributing to the native trout production goals required by this paragraph. Coastal rainbow trout/steelhead propagated for purposes other than anadromous mitigation and released into their source watersheds may be counted toward the 25 percent native trout production goal. Native trout produced shall be naturally indigenous stocks from their original source watersheds. The department may release native trout produced into watersheds other than their original source watershed only if the released trout will cause no harm to other native trout or other biota in their original watersheds. (5) The department may hire additional staff for state fish hatcheries, in order to comply with this subdivision. (c) The department may allocate any funds under this section, not necessary to maintain the minimums specified in paragraphs (1) and (4) of subdivision (b), and after the expenditure in paragraph (2) of subdivision (b), to the Fish and Game Preservation Fund. (d) The department may utilize federal funds to meet the funding formula specified in subdivision (a) if those funds are otherwise legally available for this purpose. (e) A portion of the moneys subject to appropriation pursuant to subdivision (a) may be used for the purpose of obtaining scientifically valid genetic determinations of California native trout stocks, consistent with the department’s Strategic Plan for Trout Management. (f) On an annual basis, the department shall invest in hatchery facility improvements and rehabilitation to ensure progress towards achievement of the hatchery fish production targets established pursuant to this section. (g) Beginning January 1, 2015, the department may obtain hatchery-produced fish from any California-based hatchery if all of the following criteria are satisfied: (1) The goal specified in subdivision (b) is unmet. (2) The department, following an inspection, determines that the California hatchery is in compliance with operations, management, and monitoring standards that are as stringent as those in effect at state hatcheries, in order to minimize the risk of the spread of disease or invasive species into inland state waters and fisheries. (3) The cost per fish or per pound of fish provided by the California hatchery shall not exceed the cost to the department of state hatchery fish calculated equivalently and including transportation costs. (Amended by Stats. 2017, Ch. 26, Sec. 36. (SB 92) Effective June 27, 2017.)
  125. 1301.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1300 - 1301] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The section states California’s policy to protect and restore wildlife and to create a coordinated program for acquiring land and facilities for recreation and conservation-related use.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1300 - 1301] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1301. The preservation, protection and restoration of wildlife within the State is an inseparable part of providing adequate recreation for our people in the interest of public welfare; and it is the policy of the State to acquire and restore to the highest possible level, and maintain in a state of high productivity, those areas that can be most successfully used to sustain wildlife and which will provide adequate and suitable recreation. To carry out these purposes, a single and coordinated program for the acquisition of lands and facilities suitable for recreational purposes, and adaptable for conservation, propagation, and utilization of the fish and game resources of the State, is established. (Enacted by Stats. 1957, Ch. 456.)
  126. 13010.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section creates the Fish and Wildlife Pollution Account, replaces an older account with it, transfers the old account’s money into the new account, and creates four subaccounts within it.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13010. There is a Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund. The Fish and Wildlife Pollution Account is the successor to the Fish and Wildlife Pollution Cleanup and Abatement Account in the Fish and Game Preservation Fund which is hereby abolished. All references in any law to the Fish and Wildlife Pollution Cleanup and Abatement Account shall be deemed to refer to the Fish and Wildlife Pollution Account. All money in the Fish and Wildlife Pollution Cleanup and Abatement Account on January 1, 1996, shall be transferred to the Fish and Wildlife Pollution Account. The following subaccounts are created within the Fish and Wildlife Pollution Account: (a) The Oil Pollution Administration Subaccount. (b) The Oil Pollution Response and Restoration Subaccount. (c) The Hazardous Materials Administration Subaccount. (d) The Hazardous Materials Response and Restoration Subaccount. (Added by Stats. 1995, Ch. 720, Sec. 7. Effective January 1, 1996.)
  127. 13011.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Certain state portions of recoveries or settlements from specified citation- or charge-based cases must be deposited into designated pollution-related subaccounts.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13011. The state portion of any recovery or settlement of money damages received pursuant to any citation or charges brought under the following sections by the people by or through any state or local public entity shall be deposited in the following subaccounts: (a) Administrative and judicially imposed fines, penalties, or punitive damages resulting from either civil or criminal action or administrative civil liability for violations of the oil and petroleum product control and discharge provisions of this code, including, but not limited to, Sections 2014, 12011, and 12016, Chapter 6.5 (commencing with Section 2580) of Division 3, and Chapter 2 (commencing with Section 5650), of Part 1 of Division 6, shall be deposited in the Oil Pollution Administration Subaccount or the Oil Pollution Response and Restoration Subaccount as determined by administrative or judicial settlement, or as provided by law. (b) Administrative and judicially imposed fines, penalties, or punitive damages resulting from either criminal or administrative civil liability for violations of hazardous materials and other pollution laws including, but not limited to, Sections 2014 and 12016, Chapter 6.5 (commencing with Section 2580) of Division 3, and Part 1 (commencing with Section 5500) of Division 6 shall be deposited in the Hazardous Materials Administration Subaccount or the Hazardous Materials Response and Restoration Subaccount as determined by administrative or judicial settlement or as provided by law. (Amended by Stats. 2023, Ch. 132, Sec. 222. (AB 1760) Effective January 1, 2024.)
  128. 13012.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Money held in the listed subaccounts must stay under the stated caps, and any excess Fish and Wildlife Pollution Account funds above those caps on June 30 each year must be used by the department for conservation projects.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13012. Funds on deposit in the subaccounts shall not exceed the amounts prescribed below, adjusted in accordance with Section 2212 of the Revenue and Taxation Code to equal 1995 dollars: (a) The Oil Pollution Administration Subaccount shall not exceed five million dollars ($5,000,000). (b) The Oil Pollution Response and Restoration Subaccount shall not exceed ten million dollars ($10,000,000). (c) The Hazardous Materials Administration Subaccount shall not exceed five million dollars ($5,000,000). (d) The Hazardous Material Response and Restoration Subaccount shall not exceed ten million dollars ($10,000,000). All funds in the Fish and Wildlife Pollution Account in excess of the amounts listed above, on June 30 of each fiscal year, shall be used by the department in succeeding fiscal years for projects that preserve California plants, wildlife, and fisheries. (Added by Stats. 1995, Ch. 720, Sec. 9. Effective January 1, 1996.)
  129. 13013.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section limits certain appropriations to one third of the maximum fund level and requires the director or designee to keep enough money in the subaccounts and accounts to meet their purposes.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13013. (a) Appropriations from either the Oil Pollution Administration Subaccount or the Hazardous Materials Administration Subaccount shall not exceed one third of the maximum fund level established under Section 13012 in order to maintain a prudent reserve for future appropriations. (b) If the director or the director’s designee expends funds from the prudent reserve established pursuant to subdivision (a) for activities authorized under subdivision (b) of Section 13230, the director or the director’s designee shall ensure that there are adequate funds remaining in those subaccounts to carry out their purposes. Expenditures from the prudent reserve shall be repaid in part, or in full, from any funds received pursuant to Section 13011 until those reserves are fully reimbursed. (c) The director or the director’s designee, shall recover from the spiller, responsible party, or, in the absence of those responsible parties, from a particular pollution abatement or remediation account, all expenditures paid pursuant to subdivisions (b) and (d) of Section 13230, and all costs incurred by the department arising from the administration and enforcement of applicable pollution laws. The director or the director’s designee may request, and a district attorney, city attorney, or other prosecuting agency, as part of a prosecution or negotiation, may allege a claim for, these costs and expenditures and shall deposit any recoveries into the fund from which they were expended. (d) The director or the director’s designee shall ensure that there are adequate funds in the accounts and subaccounts specified in this section to carry out their purposes. (Amended by Stats. 2023, Ch. 132, Sec. 223. (AB 1760) Effective January 1, 2024.)
  130. 13014.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The department must deposit certain agreement-related funds into two specified accounts, and the Treasurer’s office must transfer those funds on the department’s request.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. State [13000 - 13014] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 13014. (a) There are hereby established, initially in the Special Deposit Fund, continued in existence by Section 16370 of the Government Code, both of the following accounts: (1) The Fish and Game Mitigation and Protection Endowment Principal Account. The department shall deposit in this account the endowment funds received by the department pursuant to an agreement described in subdivision (b) and all earnings generated thereon. The earnings shall be available to the department, upon appropriation by the Legislature, to fund long-term management, enhancement, monitoring, and enforcement activities on habitat lands in a manner consistent with the terms of the underlying agreement. (2) The Fish and Game Mitigation and Protection Expendable Funds Account. The department shall deposit in this account moneys received pursuant to an agreement described in subdivision (b) that are not endowment funds and that are designated for expenditure for the purposes described in paragraph (2) of that subdivision. Notwithstanding Section 13340 of the Government Code, the moneys in the account established by this paragraph are hereby continuously appropriated to the department for expenditure without regard to fiscal year, for the purposes described in this section. (b) (1) The department may deposit moneys into the accounts established pursuant to subdivision (a) that it receives pursuant to any of the following, if those moneys are received for the purposes described in paragraph (2): (A) Agreements or permits pursuant to the Natural Communities Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3). (B) Conservation bank agreements. (C) Habitat conservation implementation agreements. (D) Incidental take permits. (E) Legal or other written settlements. (F) Mitigation agreements. (G) Streambed or lakebed alteration agreements. (H) Trust agreements. (2) The department may deposit the moneys received pursuant to an agreement described in paragraph (1) in an account established by this section only if it receives those moneys for at least one of the following purposes: (A) Mitigating the adverse biological impacts of a specific project, activity, spill, or release. (B) Protecting, conserving, restoring, enhancing, managing, and maintaining fish, wildlife, native plants, or their habitats. (c) While the Fish and Game Mitigation and Protection Endowment Principal Account and the Fish and Game Mitigation and Protection Expendable Funds Account are initially established in the Special Deposit Fund within the Pooled Money Investment Account, the Treasurer’s office shall, at the department’s request, transfer these funds from the Pooled Money Investment Account to another account within the State Treasury system to increase earnings over time while providing adequate liquidity. If either or both of these accounts are transferred from the Pooled Money Investment Account, assets in the transferred account or accounts may be held and invested in any of the investments identified in Section 16430 of the Government Code, except that the maturity date of commercial paper may exceed the limits set forth in Section 16430 of the Government Code. These investments shall be made as determined and directed by the department. (d) To develop and maintain the investment strategy for these accounts, the department may retain investment advisers deemed acceptable to the Treasurer. (Amended by Stats. 2008, Ch. 411, Sec. 7. Effective January 1, 2009.)
  131. 13100.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. County [13100 - 13104] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    County fish and wildlife revenue must be deposited into a county fund and used for fish and wildlife protection, conservation, propagation, and preservation.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. County [13100 - 13104] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 13100. (a) The amounts paid to and retained in the county treasury pursuant to Sections 12009 and 13003 shall be deposited in a county fish and wildlife propagation fund and expended for the protection, conservation, propagation, and preservation of fish and wildlife, under the direction of the board of supervisors, pursuant to this chapter. (b) All proposed expenditures from a county fish and wildlife propagation fund shall be reviewed first at a regular meeting of the county board of supervisors or its designated county fish and game commission to ensure compliance with Section 13103. (Amended by Stats. 2012, Ch. 597, Sec. 2. (SB 1249) Effective January 1, 2013.)
  132. 13101.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. County [13100 - 13104] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    County boards may make written agreements to spend fish and wildlife propagation fund money for purposes allowed by Section 13103, including agreements with other counties or with the department.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. County [13100 - 13104] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 13101. (a) The board of supervisors of any county may enter into a written agreement with the board of supervisors of one or more counties for the expenditure of any funds deposited in its fish and wildlife propagation fund pursuant to Section 13100 for any purpose authorized by Section 13103 in either, or any, of the counties for the joint benefit of both, or all, of the counties as the judgment of the boards of supervisors may direct. The purchase of real property necessary for that purpose is lawful and title thereto shall be taken in the joint names of each county which contributes funds therefor. The property may be deeded to the state upon the express condition that it shall be employed for the purposes of this chapter within the counties. (b) The board of supervisors of one or more counties may enter into a written agreement with the department for the expenditure of any funds deposited in its fish and wildlife propagation fund pursuant to Section 13100 for any purpose authorized by Section 13103. (Amended by Stats. 1991, Ch. 561, Sec. 1.)
  133. 13102.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. County [13100 - 13104] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    County fish and game propagation fund expenditures must comply with Division 3 of Title 3 of the Government Code.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. County [13100 - 13104] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 13102. Expenditures from the fish and game propagation fund of any county shall be subject to the provisions of Division 3 (commencing with Section 29000) of Title 3 of the Government Code. (Enacted by Stats. 1957, Ch. 456.)
  134. 13103.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. County [13100 - 13104] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    County fish and wildlife propagation fund money may be spent only on the listed conservation, education, care, enforcement-support, and related administrative purposes.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. County [13100 - 13104] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 13103. Expenditures from the fish and wildlife propagation fund of any county may be made only for the following purposes: (a) Public education relating to the scientific principles of fish and wildlife conservation, consisting of supervised formal instruction carried out pursuant to a planned curriculum and aids to education such as literature, audio and video recordings, training models, and nature study facilities. (b) Temporary emergency treatment and care of injured or orphaned wildlife. (c) Temporary treatment and care of wildlife confiscated by the department as evidence. (d) Breeding, raising, purchasing, or releasing fish or wildlife that are to be released upon approval of the department pursuant to Sections 6400 and 6401 onto land or into waters of local, state, or federal agencies or onto land or into waters open to the public. (e) Improvement of fish and wildlife habitat, including, but not limited to, construction of fish screens, weirs, and ladders; drainage or other watershed improvements; gravel and rock removal or placement; construction of irrigation and water distribution systems; earthwork and grading; fencing; planting trees and other vegetation management; and removal of barriers to the migration of fish and wildlife. (f) Construction, maintenance, and operation of public hatchery facilities. (g) Purchase and maintain materials, supplies, or equipment for either the department’s ownership and use or the department’s use in the normal performance of the department’s responsibilities. (h) Predator control actions for the benefit of fish or wildlife following certification in writing by the department that the proposed actions will significantly benefit a particular wildlife species. (i) Scientific fish and wildlife research conducted by institutions of higher learning, qualified researchers, or governmental agencies, if approved by the department. (j) Reasonable administrative costs, excluding the costs of audits required by Section 13104, for secretarial service, travel, and postage by the county fish and wildlife commission when authorized by the county board of supervisors. For purposes of this subdivision, “reasonable cost” means an amount that does not exceed 15 percent of the average amount received by the fund during the previous three-year period, or ten thousand dollars ($10,000) annually, whichever is greater, excluding any funds carried over from a previous fiscal year. (k) Contributions to a secret witness program for the purpose of facilitating enforcement of this code and regulations adopted pursuant to this code. (l) Costs incurred by the district attorney or city attorney in investigating and prosecuting civil and criminal actions for violations of this code, as approved by the department. (m) Costs incurred by a county counsel in investigating and prosecuting an action for civil penalties, injunctive relief, or civil penalties and injunctive relief pursuant to Section 5650.1 resulting from unlicensed cannabis cultivation. (n) Other expenditures, approved by the department, for the purpose of protecting, conserving, propagating, and preserving fish and wildlife. (Amended by Stats. 2022, Ch. 56, Sec. 10. (AB 195) Effective June 30, 2022.)
  135. 13104.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. County [13100 - 13104] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    The department may audit county expenditures from the fish and wildlife propagation fund, or require the county to do so.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. County [13100 - 13104] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 13104. The department may audit, or require the county to audit, expenditures by the county from its fish and wildlife propagation fund in order to determine compliance with this chapter. If, after reviewing the audit, the department determines that expenditures are not in compliance with this chapter, the department may require that all expenditures from the fund be temporarily suspended, or it may seek reimbursement of funds that the department determines, based on the audit, were expended improperly, or both. (Amended by Stats. 2010, Ch. 419, Sec. 3. (AB 1254) Effective January 1, 2011.)
  136. 1320.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. The Wildlife Conservation Board [1320 - 1324] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    The section creates the Wildlife Conservation Board and sets out who appoints its public members and how long they serve.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. The Wildlife Conservation Board [1320 - 1324] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1320. (a) There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, the Director of Finance, and four public members appointed pursuant to subdivision (b). (b) (1) The Speaker of the Assembly and the Senate Committee on Rules shall each appoint a public member to serve on the board and the Governor shall appoint two public members to serve on the board. The public members shall each serve a term of four years. If a vacancy occurs during the term of a public member, the appointing authority shall appoint a person to fill the vacancy for a term of four years. (2) Each public member shall have demonstrated interest and expertise in land acquisition for conservation purposes, including, but not limited to, any of the following: (A) Experience with activities that benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code. (B) Experience with a land conservation nonprofit organization, a public agency focused on land conservation, or public land management. (C) Experience as a professional with expertise in one or more functions of the board, including conservation easements or other interests in real estate designed to further the mission of the board. (Amended by Stats. 2016, Ch. 481, Sec. 1. (SB 1089) Effective January 1, 2017.)
  137. 13200.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Accounting [13200 - 13205] ( Chapter 3 added by Stats. 1959, Ch. 1453. )

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    The department must account for Fish and Game Preservation Fund revenues and expenditures in line with generally applicable state accounting laws and policies.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Accounting [13200 - 13205] ( Chapter 3 added by Stats. 1959, Ch. 1453. ) ## 13200. The department shall account for revenues and expenditures of the money in the Fish and Game Preservation Fund in a manner consistent with the laws and applicable policies governing state departments generally for each activity or program in which the department is engaged. (Amended by Stats. 2015, Ch. 154, Sec. 114. (AB 1527) Effective January 1, 2016.)
  138. 13201.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Accounting [13200 - 13205] ( Chapter 3 added by Stats. 1959, Ch. 1453. )

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    When the department establishes programs or activities for this system, it must consider the listed program areas.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Accounting [13200 - 13205] ( Chapter 3 added by Stats. 1959, Ch. 1453. ) ## 13201. In establishing the appropriate programs or activities for this system, the department shall consider the following programs or activities: (a) Freshwater fisheries activities. (b) Marine fisheries activities. (c) Wildlife management activities. (d) Planning and environmental review. (e) Law enforcement. (f) Nongame and endangered species. (g) General administration. (Amended by Stats. 1985, Ch. 1442, Sec. 23.)
  139. 13202.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Accounting [13200 - 13205] ( Chapter 3 added by Stats. 1959, Ch. 1453. )

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    Costs directly tied to specific programs or activities must be charged directly to the appropriate program or activity accounts; other costs must be allocated equitably.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Accounting [13200 - 13205] ( Chapter 3 added by Stats. 1959, Ch. 1453. ) ## 13202. Payroll and other costs that are directly identifiable with specific programs or activities shall be charged directly to accounts maintained for the appropriate programs or activities. Payroll and other costs that are not identifiable with specific programs or activities shall be allocated on an equitable basis to program or activity cost accounts. (Added by Stats. 1959, Ch. 1453.)
  140. 13203.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Accounting [13200 - 13205] ( Chapter 3 added by Stats. 1959, Ch. 1453. )

    Verify source ↗

    The department must account for its total operating cost by tracking the cost of each activity or program it carries out.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Accounting [13200 - 13205] ( Chapter 3 added by Stats. 1959, Ch. 1453. ) ## 13203. The basic principle of this cost accounting system shall be that the total cost of operation of the department shall be accounted for by accounting for the cost of each activity or program in which it is engaged. (Added by Stats. 1959, Ch. 1453.)
  141. 13205.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Accounting [13200 - 13205] ( Chapter 3 added by Stats. 1959, Ch. 1453. )

    Verify source ↗

    Certain Fish and Game Preservation Fund accounts must be consolidated, and leftover funds moved to the Big Game Management Account. The department must also recommend possible further account consolidations to the Legislature under specified conditions.

    ## Fish and Game Code - FGC ## DIVISION 10. REVENUE [13000 - 13205] ( Division 10 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Accounting [13200 - 13205] ( Chapter 3 added by Stats. 1959, Ch. 1453. ) ## 13205. The Augmented Deer Tags Account, Bighorn Sheep Permit Account, and Wild Pig Account, within the Fish and Game Preservation Fund, shall be consolidated and any remaining funds in these accounts transferred to the Big Game Management Account, consistent with Section 3953. The department, after consultation with the Department of Finance and the Legislative Analyst’s Office, shall provide recommendations to the Legislature for consolidation of additional dedicated accounts within the Fish and Game Preservation Fund if, in the determination of the department, consolidation would serve to reduce administrative costs to the department and enhance its ability to meet current needs, while still preserving the generally stated purpose of the dedicated accounts. (Added by Stats. 2012, Ch. 559, Sec. 26. (AB 2402) Effective January 1, 2013.)
  142. 1321.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. The Wildlife Conservation Board [1320 - 1324] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The board members must elect the board’s chairman.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. The Wildlife Conservation Board [1320 - 1324] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1321. The chairman of the board shall be elected by the members of the board. (Enacted by Stats. 1957, Ch. 456.)
  143. 1322.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. The Wildlife Conservation Board [1320 - 1324] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Board members are entitled to receive their actual and necessary travel expenses, paid from the Wildlife Restoration Fund.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. The Wildlife Conservation Board [1320 - 1324] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1322. The members of the board shall receive their actual and necessary traveling expenses, which shall be paid from the Wildlife Restoration Fund. (Enacted by Stats. 1957, Ch. 456.)
  144. 13220.

    ## Fish and Game Code - FGC ## DIVISION 10.5. EXPENDITURES [13220 - 13231] ( Division 10.5 added by Stats. 1995, Ch. 720, Sec. 11. )

    Verify source ↗

    Money in the Fish and Game Preservation Fund may be spent, if the Legislature appropriates it, for the listed purposes.

    ## Fish and Game Code - FGC ## DIVISION 10.5. EXPENDITURES [13220 - 13231] ( Division 10.5 added by Stats. 1995, Ch. 720, Sec. 11. ) ## 13220. Except as provided in Section 13230, the money in the Fish and Game Preservation Fund, commencing with the 2005–06 fiscal year, is available for expenditure, upon appropriation by the Legislature, for all of the following purposes: (a) To the department for payment of refunds of sums determined by it to have been erroneously deposited in the fund, including, but not limited to, money received or collected in payment of fees, licenses, permits, taxes, fines, forfeitures, or services. (b) To the department for expenditure in accordance with law for the payment of all necessary expenses incurred in carrying out this code and any other laws for the protection and preservation of birds, mammals, reptiles, amphibians, and fish. (c) To the commission for expenditure in accordance with law for the payment of the compensation and expenses of the commissioners and employees of the commission. (Amended by Stats. 2015, Ch. 154, Sec. 115. (AB 1527) Effective January 1, 2016.)
  145. 1323.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. The Wildlife Conservation Board [1320 - 1324] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Three Senate members and three Assembly members, as appointed, must meet with the board and take part in its activities, but only if that participation is compatible with their legislative roles.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. The Wildlife Conservation Board [1320 - 1324] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1323. Three Members of the Senate, appointed by the Committee on Rules thereof, and three Members of the Assembly, appointed by the Speaker thereof, shall meet with the board and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. (Enacted by Stats. 1957, Ch. 456.)
  146. 13230.

    ## Fish and Game Code - FGC ## DIVISION 10.5. EXPENDITURES [13220 - 13231] ( Division 10.5 added by Stats. 1995, Ch. 720, Sec. 11. )

    Verify source ↗

    This section limits how specified oil spill and hazardous materials subaccount funds may be spent, and gives the department some authority to hire technical experts.

    ## Fish and Game Code - FGC ## DIVISION 10.5. EXPENDITURES [13220 - 13231] ( Division 10.5 added by Stats. 1995, Ch. 720, Sec. 11. ) ## 13230. (a) Funds deposited in the Oil Pollution Administration Subaccount created pursuant to subdivision (a) of Section 13010 shall, upon appropriation by the Legislature, only be expended by the director, his or her deputy, or designee, for the costs of administering the pollution response, abatement, and habitat restoration activities not otherwise authorized by the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act. (b) Notwithstanding Section 13340 of the Government Code, funds deposited in the Oil Pollution Response and Restoration Subaccount created pursuant to subdivision (b) of Section 13010 are continuously appropriated to the department for expenditure by the director, his or her deputy, or designee, without regard to fiscal years for response and restoration activity related to oil spills not otherwise authorized by the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act. (c) Funds deposited in the Hazardous Materials Administration Subaccount created pursuant to subdivision (c) of Section 13010 shall, upon appropriation by the Legislature, only be expended by the director, his or her deputy, or designee, for the reasonable cost of administering the hazardous materials response and restoration activities of the department. (1) These activities shall include the cross training and staffing of existing department and interagency personnel necessary to achieve efficiency in the use of existing funds and resources in response to hazardous materials and restoration activities of the department. (2) The department may appoint and contract with technical experts to assist in the response and remediation of toxic material discharges. (d) Notwithstanding Section 13340 of the Government Code, funds deposited in the Hazardous Materials Response and Restoration Subaccount are continuously appropriated to the director, his or her deputy, or designee, for expenditure without regard to fiscal years for the response and abatement of hazardous materials that are spilled or discharged on the lands and in the waters of the state, and for the protection, preservation, and restoration of fish and wildlife impacted by discharges of hazardous materials into the environment of the state. No funds appropriated from this subaccount shall be expended to establish personnel positions nor shall any personnel positions be created with contract funds from this subaccount. (Added by Stats. 1995, Ch. 720, Sec. 11. Effective January 1, 1996.)
  147. 13231.

    ## Fish and Game Code - FGC ## DIVISION 10.5. EXPENDITURES [13220 - 13231] ( Division 10.5 added by Stats. 1995, Ch. 720, Sec. 11. )

    Verify source ↗

    The department must maintain a cost accounting system for costs of each activity or program under Section 13230, using the subaccounts listed there.

    ## Fish and Game Code - FGC ## DIVISION 10.5. EXPENDITURES [13220 - 13231] ( Division 10.5 added by Stats. 1995, Ch. 720, Sec. 11. ) ## 13231. Consistent with Section 13203, the department shall maintain a cost accounting system that accounts for the costs of each activity or program engaged in pursuant to Section 13230 using funds from the subaccounts listed in that section. (Added by Stats. 1996, Ch. 251, Sec. 1. Effective January 1, 1997.)
  148. 1324.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. The Wildlife Conservation Board [1320 - 1324] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Members of the Legislature must constitute an interim investigating committee for this chapter and have the powers and duties assigned to that committee by the Joint Rules of the Senate and the Assembly.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. The Wildlife Conservation Board [1320 - 1324] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1324. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and as such shall have the powers and duties imposed upon such a committee by the Joint Rules of the Senate and the Assembly. (Enacted by Stats. 1957, Ch. 456.)
  149. 1345.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The board must study and determine which state areas and waters are suitable for wildlife production, preservation, recreation, and fishing and hunting uses.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1345. (a) The board shall investigate, study, and determine what areas within the state are most essential and suitable for wildlife production and preservation, and will provide suitable recreation; and shall ascertain and determine what lands within the state are suitable for game propagation, game refuges, bird refuges, waterfowl refuges, game farms, fish hatcheries, game management areas, and what streams and lakes are suitable for, or can be made suitable for, fishing and hunting. (b) In determining which areas are suitable for fishing and hunting, the board, in consultation with the department, shall take into consideration areas of the state where public access and opportunity for fishing and hunting are most needed. (Amended by Stats. 2009, Ch. 294, Sec. 6. (AB 1442) Effective January 1, 2010.)
  150. 1346.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The board must determine which lands are suitable for wildlife cover and whether easements on those lands could be acquired to provide that cover.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1346. The board shall also ascertain what lands are suitable for providing cover for the propagation and rearing in a wild state of waterfowl, shore birds, and upland birds, and the possibilities of acquiring easements on such lands to provide such cover. (Enacted by Stats. 1957, Ch. 456.)
  151. 1347.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The board must determine what areas, lands, or water or land rights should be acquired by the state to support wildlife restoration and recreation.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1347. As a result of the studies, the board shall determine what areas, lands, or rights in lands or waters should be acquired by the state in order to effectuate a coordinated and balanced program resulting in the maximum restoration of wildlife in the state and in the maximum recreational advantages to the people of the state. This section shall become operative on July 1, 1993. (Repealed (in Sec. 1) and added by Stats. 1992, Ch. 452, Sec. 2. Effective January 1, 1993. Section operative July 1, 1993, by its own provisions.)
  152. 1348.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The board must authorize certain property and water-rights acquisitions for this chapter, and the department may act only within the limits set here.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1348. (a) The board shall authorize the acquisition of real property, rights in real property, water, or water rights as may be necessary to carry out the purposes of this chapter. The board may authorize acquisition by the department, but the department shall not acquire any property pursuant to this subdivision by eminent domain proceedings except that property as may be necessary to provide access roads or rights-of-way to areas to be used for fishing the coastal waters of the Pacific Ocean, and then only if the board of supervisors of the affected county has agreed by resolution to those proceedings for each parcel of land, and has further agreed by resolution to maintain the road or right-of-way. The board may authorize acquisition by the State Public Works Board, which may effect acquisitions pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). (b) For the purposes of this chapter and Chapter 4.1 (commencing with Section 1385), the board may authorize the acquisition of interests in real property and water rights by means of gifts, purchases, leases, easements, the transfer or exchange of property for other property of like value, transfers of development rights or credits, and purchases of development rights, conservation easements, and other interests. (c) To further implement this chapter and Chapter 4.1 (commencing with Section 1385), the board may authorize the department to do any of the following: (1) Accept federal grants and receive gifts, donations, subventions, rents, royalties, and other financial support from public or private sources. Proceeds received from any of these sources shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund. (2) Notwithstanding any other provision of law, lease, sell, exchange, or otherwise transfer any real property, interest in real property, or option acquired by or held under the jurisdiction of the board or the department. Except as provided in Section 1355, proceeds from transactions entered into pursuant to this paragraph shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund. (3) Lease degraded potential wildlife habitat real property to nonprofit organizations, local governmental agencies, or state and federal agencies if the lessee agrees to restore the real property to its highest possible wildlife habitat value and maintain the real property at that highest possible wildlife habitat value. If feasible, during the period of lease, the board may require that the real property be open to the public for compatible recreational opportunities. Proceeds from any lease or rental and interest thereon shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund. (4) Acquire former wildlife habitat real property, including riparian habitat real property, restore and sell the real property, or any interest therein, to private owners, local governmental agencies, or state departments and agencies, or exchange the property for other real property, if a written and recorded agreement is first secured to keep and maintain the real property as wildlife habitat in perpetuity. The agreement shall contain a reversion if the real property sold or exchanged is not maintained as wildlife habitat. The agreement containing the reversion shall be set forth in any conveyance transferring any real property, interest in real property, or option subject to this section. Proceeds from the sales shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund. (Amended by Stats. 2021, Ch. 115, Sec. 5. (AB 148) Effective July 22, 2021.)
  153. 1348.1.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Before the board approves a land purchase, it must notify owners of adjacent parcels, and the notice must explain the land’s proposed use by the department.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1348.1. Before the board authorizes the purchase of any land, or any interest therein, the board shall notify all owners of record of adjacent parcels of land of the intent of the board to purchase the land. The notice to the adjacent owners of land and the public notice shall include an explanation of the proposed use of the land by the department. (Added by Stats. 1990, Ch. 1287, Sec. 1.)
  154. 1348.2.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    When the board buys real property other than by eminent domain, the price must not be above fair market value, and the fair market value must be shown in an appraisal prepared by a licensed real estate appraiser and approved by the Department of General Services.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1348.2. When the board acquires real property, other than by eminent domain, the purchase price for the real property shall not exceed the fair market value of the property, as defined in Section 1263.320 of the Code of Civil Procedure. The fair market value shall be set forth in an appraisal that is (a) prepared by a licensed real estate appraiser, and (b) approved by the Department of General Services. (Amended by Stats. 1998, Ch. 485, Sec. 73. Effective January 1, 1999.)
  155. 1348.3.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A governmental entity may not condemn a wildlife conservation easement acquired by a state agency, except as allowed by subdivision (b).

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1348.3. (a) No governmental entity may condemn any wildlife conservation easement acquired by a state agency, except as provided in subdivision (b). As used in this section, the following terms have the following meanings: (1) “Public use” as used in Article 6 (commencing with Section 1240.510) and Article 7 (commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure means privately owned lands managed for habitat in public trust. (2) “Wildlife conservation easement” means a recorded conservation easement, as defined in Section 815.1 of the Civil Code, that exists or will exist for at least 10 years and that is acquired and held by a state agency and administered primarily for the benefit of wildlife. (b) Prior to the initiation by a governmental entity of condemnation proceedings against a wildlife conservation easement acquired by a state agency, the governmental entity shall give notice to the holder of the easement, provide an opportunity for the holder of the easement to consult with the governmental agency, provide the holder of the easement the opportunity to state its objections to the condemnation, and provide a response to the objections. Article 6 (commencing with Section 1240.510) and Article 7 (commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure shall apply to condemnation proceedings initiated by a governmental entity against a wildlife conservation easement acquired by a state agency. In those proceedings, the condemning governmental entity shall be required to prove by clear and convincing evidence that its proposed use satisfies the requirements of Article 6 (commencing with Section 1240.510) or Article 7 (commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure. (Amended by Stats. 2023, Ch. 132, Sec. 17. (AB 1760) Effective January 1, 2024.)
  156. 1349.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Farm lands may not be acquired by eminent domain under this chapter unless the Legislature specifically authorizes it.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1349. No farm lands may be acquired under the provisions of this chapter by proceedings in eminent domain except by specific authorization of the Legislature, notwithstanding any provision of Section 1348. Nothing in this section shall apply to any proceedings to acquire farm lands when the owner thereof has consented to, or requested the institution of, such proceedings. (Enacted by Stats. 1957, Ch. 456.)
  157. 1350.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department can build, manage, and fund facilities only as this section allows, and the board also has grant/loan and approval powers.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1350. (a) (1) The department shall, when authorized by the board, construct in accordance with law those facilities as are suitable for the purpose for which the real property or rights in real property or water, or water rights, were acquired. Each completed project shall be managed and maintained by the department. (2) The department, with the approval of the board, may enter into agreements with any other department or agency of this state, any local agency, any California Native American tribe, as defined in Section 21073 of the Public Resources Code, or any nonprofit organization, to provide for the construction, management, or maintenance of the facilities authorized by the board, and such other department or agency of this state, local agency, California Native American tribe, or nonprofit organization, and each of them may construct, manage, or maintain those facilities pursuant to the agreement. Work performed by a local agency, California Native American tribe, or nonprofit organization under those agreements is exempt from Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code. However, nothing in this section shall be construed to exempt any work from Part 7 (commencing with Section 1720) of Division 2 of the Labor Code. (b) The department, when authorized by the board, may apply for and accept federal grants, and receive gifts, donations, and other financial support from public or private sources to be used for fish and wildlife habitat enhancement, including riparian habitat restoration projects on real property or waters for which the state obtains an interest. Funds received from any of those sources shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund. (c) The board may award grants or loans to nonprofit organizations, local governmental agencies, federal agencies, state agencies, and California Native American tribes for the purposes of fish and wildlife habitat restoration, enhancement, management, protection and improvement of riparian resources, and for development of compatible public access facilities in the same manner and subject to the same terms and conditions as prescribed in Section 31116 of the Public Resources Code. Proceeds from repayment of any loans and the interest thereon shall be deposited in the Wildlife Restoration Fund. (Amended by Stats. 2021, Ch. 701, Sec. 1. (AB 379) Effective January 1, 2022.)
  158. 1351.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Each recreational area must be managed and controlled so the public can access and use it for all recreational purposes.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1351. Each recreational area shall be so managed and controlled that the public shall have access to and use of the area for all recreational purposes. (Enacted by Stats. 1957, Ch. 456.)
  159. 1352.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Money in the Wildlife Restoration Fund may be spent under this chapter, and certain lease moneys must be spent by the department for department land management after legislative appropriation.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1352. (a) The money in the Wildlife Restoration Fund, as provided for by former Section 19632 of the Business and Professions Code, as that section read on January 1, 2024, is available for expenditure under this chapter. (b) All federal moneys made available for projects authorized by the board shall be deposited into the Wildlife Restoration Fund or the Fish and Game Preservation Fund. (c) Any moneys received into the Wildlife Restoration Fund or the Fish and Game Preservation Fund from leases authorized pursuant to paragraph (2) or (3) of subdivision (c) of Section 1348 shall be expended, upon appropriation by the Legislature, by the department for purposes of managing, maintaining, restoring, or operating lands owned and managed by the department. (Amended by Stats. 2025, Ch. 67, Sec. 72. (AB 1170) Effective January 1, 2026.)
  160. 1352.5.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A special account is created for restoring San Francisco Bay wetlands, and the board may use its funds to buy eligible lands only if the stated conditions are met.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1352.5. (a) The San Francisco Baylands Restoration Program Account is hereby established within the Wildlife Restoration Fund, as provided for by former Section 19632 of the Business and Professions Code, as that section read on January 1, 2024, for the purpose of acquiring and restoring wetlands and lands that may be enhanced to support wetlands in the San Francisco Bay area in order to achieve the objectives of the Baylands Ecosystem Habitat Goals Report (Goals Report). (b) Funds in the account may be expended by the board to acquire any lands identified in the Goals Report that are available for acquisition subject to the following conditions: (1) The purchase price shall not exceed the fair market value of the property, as determined by an appraisal conducted pursuant to Section 1348.2. The appraisal shall also consider and describe all the specific requirements and restrictions of relevant state and federal laws, including, but not limited to, the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code), related to the property value and development potential of lands considered for acquisition in the shoreline band of the San Francisco Bay area. (2) The board has determined any of the following: (A) Funds are available to implement the recommendations and objectives of the Goals Report for a significant portion of the property to be acquired by the board. (B) Sufficient funding and authority exists for the long-term maintenance of all levees and dikes and all other land-use management requirements necessary to avoid environmental degradation for the property proposed to be acquired by the board. (C) The property to be acquired by the board has no unique long-term maintenance requirements or has no land-use management requirements necessary to avoid environmental degradation. (3) If the board determines to acquire all or a portion of the Cargill property, a matching federal appropriation for the acquisition of the Cargill property shall be deposited into an account solely for the acquisition of the Cargill property or a portion thereof. (4) The board has consulted with the State Coastal Conservancy and determined that the proposed acquisition is consistent with most of the goals of the San Francisco Bay Area Conservancy Program, as described in Section 31162 of the Public Resources Code. (5) The acquisition of the property will not result in any liability to the state for the cleanup of hazardous materials. (c) “Cargill property,” for purposes of this section, means all property owned by the Cargill Salt Division that Cargill proposes to sell to the state and federal governments. (Amended by Stats. 2025, Ch. 67, Sec. 73. (AB 1170) Effective January 1, 2026.)
  161. 1353.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The board may buy boats, aircraft, or equipment when it considers them necessary for the department’s marine fisheries work.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1353. The board may purchase such boats, aircraft, or equipment as it deems necessary for the use of the department for the improvement and protection of marine fisheries. (Enacted by Stats. 1957, Ch. 456.)
  162. 1354.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The board may authorize the acquisition of land or land rights needed to provide public access to public fishing, hunting, and shooting areas.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1354. The board may authorize the acquisition of such lands or rights in land as may be necessary for the purpose of furnishing public access to lands or waters open to the public for fishing, hunting and shooting. The board may authorize such acquisition by the department. (Added by Stats. 1957, Ch. 754.)
  163. 1355.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    Net proceeds from the sale or other disposition of qualifying fish-hatchery real property must be deposited into specified wildlife funds and used for wildlife-related projects.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1355. The net proceeds of the sale or other disposition of real property used as a fish hatchery that has been acquired by or is under the jurisdiction of the board or the department, either in easement or in fee, shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund, as determined by the board, and shall be available for acquisition, enhancement, restoration, or construction projects for the benefit of wildlife. (Added by Stats. 1994, Ch. 935, Sec. 4. Effective January 1, 1995.)
  164. 1356.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The board may consider greenhouse gas reduction or sequestration when prioritizing funds for proposed forestland acquisitions, and may rely on California Climate Action Registry materials for that determination.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Powers and Purposes [1345 - 1356] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 1356. The board, when it prioritizes the use of available funds for proposed acquisitions, with regard to the priority of a proposal to acquire forestland, may consider and take into account the potential of that proposed acquisition to beneficially reduce or sequester greenhouse gas emissions. The board may use policies, protocols, or other relevant information developed by the California Climate Action Registry as a basis for determining a project’s potential to reduce or sequester greenhouse gas emissions. (Added by Stats. 2006, Ch. 469, Sec. 1. Effective January 1, 2007.)
  165. 1360.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    This article may be cited as the Oak Woodlands Conservation Act.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1360. This article shall be known, and may be cited, as the Oak Woodlands Conservation Act. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  166. 1361.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    This section defines terms used in the Oak Woodlands Conservation Act.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1361. For purposes of this article, the following terms have the following meanings: (a) “Board” means the Wildlife Conservation Board established pursuant to Section 1320. (b) “Conservation easement” means a conservation easement, as defined in Section 815.1 of the Civil Code. (c) “Fund” means the Oak Woodlands Conservation Fund. (d) “Land improvement” means restoration or enhancement of biologically functional oak woodlands habitat. (e) “Local government entity” means any city, county, city and county, district, or other local government entity, if the entity is otherwise authorized to acquire and hold title to real property. (f) “Nonprofit organization” means a tax-exempt nonprofit organization that meets the requirements of subdivision (a) of Section 815.3 of the Civil Code. (g) “Oak” means any species in the genus Quercus. (h) “Oak woodlands” means an oak stand with a greater than 10 percent canopy cover or that may have historically supported greater than 10 percent canopy cover. (i) “Oak woodlands management plan” means a plan that provides protection for oak woodlands over time and compensates private landowners for conserving oak woodlands. (j) “Special oak woodlands habitat elements” means multi- and single-layered canopy, riparian zones, cavity trees, snags, and downed woody debris. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  167. 1362.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    The Legislature states that this article is intended to support oak woodlands conservation through incentives, guidelines, and a conservation fund.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1362. It is the intent of the Legislature that this article accomplish all of the following: (a) Support and encourage voluntary, long-term private stewardship and conservation of California’s oak woodlands by offering landowners financial incentives to protect and promote biologically functional oak woodlands over time. (b) Provide incentives to protect and encourage farming and ranching operations that are operated in a manner that protects and promotes healthy oak woodlands. (c) Provide incentives for the protection of oak trees providing superior wildlife values on private lands. (d) Encourage local land use planning that is consistent with the preservation of oak woodlands, particularly special oak woodlands habitat elements. (e) Provide guidelines for spending the funds allocated for oak woodlands pursuant to the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code)). (f) Establish a fund for oak woodlands conservation, to which future appropriations for oak woodlands protection may be made, and specify grant making guidelines. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  168. 1363.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    The Oak Woodlands Conservation Fund is created and administered by the board. Spending from the fund generally requires legislative appropriation, and the article also sets rules for deposits, allowed uses, annual easement compliance checks, and grant allocation limits.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1363. (a) The Oak Woodlands Conservation Fund is hereby created in the State Treasury. The fund shall be administered by the board. Moneys in the fund may be expended, upon appropriation by the Legislature, for the purposes of this article. (b) Money may be deposited into the fund from gifts, donations, funds appropriated by the Legislature for the purposes of this article, or from federal grants or loans or other sources, and shall be used for the purpose of implementing this article, including administrative costs. Funds from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code)), but not including funds dedicated as matching funds for the federal Forest Legacy Program, shall be deposited in the fund. (c) To the extent consistent with the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code)), the board may use money designated for the preservation and restoration of oak woodlands in the Oak Woodlands Conservation Fund for projects in conjunction with the California Forest Legacy Program (Div. 10.5 (commencing with Sec. 12200) of the P.R.C.)), but only for the purposes specified in this article and only if the following requirements are met: (1) The Department of Forestry and Fire Protection shall make an initial recommendation to the board. (2) The board may deny any initial recommendation to the Department of Forestry and Fire Protection. Subsequently, if the department alters an initial proposal, in a manner that the board determines to be significant, the board may withdraw its initial approval of the recommendation at any time during the process. (d) The purposes for which moneys in the fund may be used include all of the following: (1) Grants for the purchase of oak woodlands conservation easements. Any entity authorized to hold a conservation easement under Section 815.3 of the Civil Code may hold a conservation easement pursuant to this article. The holder of the conservation easement shall ensure, on an annual basis, that the conservation easement conditions have been met for that year. (2) Grants for land improvement. (3) Cost-sharing incentive payments to private landowners who enter into long-term conservation agreements. An agreement shall include management practices that benefit oak woodlands and promote the economic sustainability of farming and ranching operations. (4) Public education and outreach by local government entities, park and open-space districts, resource conservation districts, and nonprofit organizations. The public education and outreach shall identify and communicate the social, economic, agricultural, and biological benefits of strategies to conserve oak woodlands habitat values, including watershed protection benefits that reduce soil erosion, increase streamflows, and increase water retention and sustainable agricultural operations. (5) Assistance to local government entities, park and open-space districts, resource conservation districts, and nonprofit organizations for the development and implementation of oak conservation elements in local general plans. (6) Technical assistance consistent with the purpose of preserving oak woodlands. (e) Not more than 20 percent of all grants made by the board pursuant to this article may be used for the purposes described in paragraphs (4), (5), and (6) of subdivision (d). Not less than 80 percent of funds available for grants pursuant to this article shall be expended for the purposes described in paragraphs (1), (2), and (3) of subdivision (d). (f) Notwithstanding any other provision of law, this article governs the expenditure of funds for the preservation of oak woodlands pursuant to paragraph (4) of subdivision (a) of Section 5096.350 of the Public Resources Code. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  169. 1364.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    Money in the fund may be used by specified local entities, landowners, and nonprofit organizations for the purposes listed in Section 1363(d).

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1364. Moneys in the fund shall be available to local government entities, park and open-space districts, resource conservation districts, private landowners, and nonprofit organizations for the purposes set forth in subdivision (d) of Section 1363. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  170. 1365.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    The board must develop and adopt grant guidelines and criteria for conserving oak woodlands.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1365. The board shall develop and adopt guidelines and criteria for awarding grants that achieve the greatest lasting conservation of oak woodlands. The board shall develop these guidelines in consultation with the Department of Forestry and Fire Protection, the Department of Food and Agriculture, the University of California’s Integrated Hardwood Range Management Program, conservation groups, and farming and ranching associations. As it applies to the award of grants for the implementation of this article, the board criteria shall specify that easement acquisitions that are the most cost-effective in comparison to the actual resource value of the easement shall be given priority. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  171. 1366.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    This section sets conditions for qualifying for an oak woodlands grant, including preparing or having a management plan, board certification of easement conditions, and proof the proposal is more protective than existing law.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1366. (a) To qualify for a grant pursuant to this article, the county or city in which the grant money would be spent shall prepare, or demonstrate that it has already prepared, an oak woodlands management plan that includes a description of all native oak species located within the county’s or city’s jurisdiction. (b) To qualify for a grant pursuant to this article, the board shall certify that any proposed easement was not, and is not, required to satisfy a condition imposed upon the landowner by any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, the mitigation of significant effects on the environment of a project pursuant to an approved environmental impact report or to mitigate a negative declaration required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) of the Public Resources Code. (c) To qualify for a grant under this article, the applicant shall demonstrate that its proposal provides protection of oak woodlands that is more protective than the applicable provisions of law in existence on the date of the proposal. (d) A county or city may develop an oak woodlands management plan. A nonprofit corporation, park and open-space district, resource conservation district, or other local government entity may apply to the board for funds to develop an oak woodlands management plan for a county or city, but the county or city shall maintain ultimate authority to approve the oak woodlands management plan. (e) The process for developing an initial oak woodlands management plan, and the adoption of significant amendments to a plan, as determined by the county or city, are subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (f) A proposal by a local government entity, nonprofit corporation, park and open-space district, private landowner, or resource conservation district for a grant to be expended for the purposes of this article shall be certified by the county or city as being consistent with the oak woodlands management plan of the county or city. If the land covered by the proposal is in the jurisdiction of more than one county or city, each county or city shall certify that the proposal is consistent with the oak woodlands management plan of each county or city. (g) If two or more entities seek grant funding from the board pursuant to this article for the same jurisdiction, the county or city shall designate which entity shall lead the efforts to manage oak woodlands habitat in the area. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  172. 1367.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    The board and the Department of Forestry and Fire Protection must develop a memorandum of understanding on protecting oak woodlands by April 1, 2002.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1367. On or before April 1, 2002, the board and the Department of Forestry and Fire Protection shall develop a memorandum of understanding regarding the protection of oak woodlands that does all of the following: (a) If necessary, creates a specific process for working together to use money from the fund in conjunction with the California Forest Legacy Program Act of 2000 (Division 10.5 (commencing with Section 12200) of the Public Resources Code). (b) Lists elements a county or city shall include in its oak woodlands management plan. Items included in the plan shall assist a county or a city to specify conservation priorities and prevent oak woodlands habitat fragmentation while minimizing the cost and administrative burden associated with developing the plan. The elements may include any or all of the following: (1) Tree inventory mapping. (2) Oak canopy retention standards. (3) Oak habitat mitigation measures. (4) A procedure to monitor the effectiveness of the plan and to modify the plan as necessary. (c) Designates an online repository for oak woodlands management plans that will be easily accessible to the public and any other state agency involved in oak woodlands conservation efforts. (d) Discusses the relationship between oak woodlands conservation efforts under this article and efforts by other state agencies to protect oak woodlands, including efforts to combat sudden oak death, and outlines a plan, as necessary, for coordinating with these agencies. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  173. 1368.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    The board may not approve certain grants if the applicant acquired or plans to acquire an oak woodlands conservation easement through eminent domain, unless the affected landowner requests it.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1368. The board may not approve a grant to a local government entity, park and open-space district, resource conservation district, or nonprofit organization if the entity requesting the grant has acquired, or proposes to acquire, an oak woodlands conservation easement through the use of eminent domain, unless the owner of the affected lands requests the owner to do so. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  174. 1369.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    City or county planning departments may use a grant for consultation and public reporting, and grant recipients must report on use of the funds within one year.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1369. A city or county planning department may utilize a grant awarded for the purposes of this article to consult with a citizen advisory committee and appropriate natural resource specialists in order to report publicly to the city council or the board of supervisors on the status of the city’s or county’s oak woodlands. Each city or county planning department that receives a grant for the purposes of this article shall report to the city council or to the board of supervisors of the county, as appropriate, on the use of those grant funds within one year from the date the grant is received. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  175. 1370.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    Money from the fund cannot be used to adopt guidelines or administer the fund until at least $1,000,000 has been deposited in the fund.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1370. No money may be expended from the fund to adopt guidelines or to administer the fund until at least one million dollars ($1,000,000) is deposited in the fund. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  176. 1372.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. )

    Verify source ↗

    This article does not grant new authority to the board or other agencies to affect local policy or land use decisions.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Oak Woodlands Conservation Act [1360 - 1372] ( Article 3.5 added by Stats. 2001, Ch. 588, Sec. 2. ) ## 1372. Nothing in this article grants any new authority to the board or any other agency, office, or department to affect local policy or land use decisionmaking. (Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
  177. 1374.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.7. Monarch Butterfly and Pollinator Rescue Program [1374 - 1374.1] ( Article 3.7 added by Stats. 2018, Ch. 760, Sec. 2. )

    Verify source ↗

    This section creates the Monarch Butterfly and Pollinator Rescue Program and gives the Wildlife Conservation Board authority to run it and award related grants.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.7. Monarch Butterfly and Pollinator Rescue Program [1374 - 1374.1] ( Article 3.7 added by Stats. 2018, Ch. 760, Sec. 2. ) ## 1374. (a) The Monarch Butterfly and Pollinator Rescue Program is hereby established and shall be administered by the Wildlife Conservation Board. (b) The purpose of the program is to recover and sustain populations of monarch butterflies and other pollinators. (c) To achieve the purposes of the program, the Wildlife Conservation Board may do all of the following: (1) Provide grants for the restoration or enhancement of California prairie and other appropriate breeding habitat for monarch butterflies and pollinators on private and public lands. (2) Provide grants for the restoration or enhancement of overwintering monarch butterfly habitat on private and public lands. (3) Provide technical assistance to grant recipients, including farmers and ranchers, regarding restoration and enhancement of breeding, overwintering, and other appropriate monarch butterfly habitat. (4) Award grants pursuant to this chapter. (5) Provide grants for seasonal or temporary habitat improvements. (6) Provide block grants in which suballocations are made by the grant recipient, with the approval of the Wildlife Conservation Board. (d) Eligible recipients for grants under the program include private landowners, nonprofit organizations, resource conservation districts, or public agencies. (e) (1) Before disbursing a grant pursuant to this article, the Wildlife Conservation Board shall develop and adopt project selection and evaluation guidelines. The guidelines shall include monitoring and reporting requirements to help assess grant outcomes. (2) The Wildlife Conservation Board shall coordinate with the Department of Food and Agriculture in developing program guidelines. (Added by Stats. 2018, Ch. 760, Sec. 2. (AB 2421) Effective January 1, 2019.)
  178. 1374.1.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.7. Monarch Butterfly and Pollinator Rescue Program [1374 - 1374.1] ( Article 3.7 added by Stats. 2018, Ch. 760, Sec. 2. )

    Verify source ↗

    Creates the Monarch Butterfly and Pollinator Rescue Fund Account in the State Treasury and assigns administration to the Wildlife Conservation Board.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.7. Monarch Butterfly and Pollinator Rescue Program [1374 - 1374.1] ( Article 3.7 added by Stats. 2018, Ch. 760, Sec. 2. ) ## 1374.1. (a) The Monarch Butterfly and Pollinator Rescue Fund Account is hereby created in the State Treasury. The account shall be administered by the Wildlife Conservation Board. Moneys in the account may be expended, upon appropriation by the Legislature, for the purposes of this article. (b) Moneys may be deposited into the account from gifts, donations, funds appropriated by the Legislature for the purposes of this article, or from federal grants or other sources, and shall be used for the purpose of implementing this article, including administrative costs. (Added by Stats. 2018, Ch. 760, Sec. 2. (AB 2421) Effective January 1, 2019.)
  179. 1375.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Cooperation With United States [1375- 1375.] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The board may act on its own or cooperate with federal agencies on questions in this chapter and on acquiring and constructing the projects mentioned here.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4. Wildlife Conservation Law of 1947 [1300 - 1375] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Cooperation With United States [1375- 1375.] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 1375. The board may act either independently or may cooperate with the United States Fish and Wildlife Service, Department of Interior, or any other federal agency in determining any of the questions referred to in this chapter, or in the acquisition and construction of any of the projects mentioned in this chapter. (Enacted by Stats. 1957, Ch. 456.)
  180. 1385.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. )

    Verify source ↗

    This chapter may be cited as the California Riparian Habitat Conservation Act.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. ) ## 1385. This chapter shall be known and may be cited as the California Riparian Habitat Conservation Act. (Added by Stats. 1991, Ch. 762, Sec. 3.)
  181. 1386.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. )

    Verify source ↗

    The Legislature states that California’s rivers, wetlands, waterways, and riparian habitat are valuable resources and that a coordinated state protection program is needed.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. ) ## 1386. The Legislature finds and declares all of the following: (a) California’s rivers, wetlands, and waterways, and the fisheries and wildlife habitat they provide, are valuable and finite resources that benefit the people of the state and are threatened with deterioration or degeneration that may endanger the natural beauty and productivity of these valuable resources. (b) The public interest requires the coordinated protection of rivers and riparian resources in order to maintain an equilibrium between the natural endowment of, and manmade alterations to, California’s river environment, and in order to preserve the scenic beauty of these natural resources and the recreational and economic benefits they provide. (c) By virtue of the special conditions and circumstances of the natural ecology, the increasing human populations and needs in the state, and the numerous governmental agencies with an interest in coordinating activities which affect rivers and riparian habitat resources, there is a need for a coordinated state rivers and riparian habitat protection program. (Added by Stats. 1991, Ch. 762, Sec. 3.)
  182. 1387.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. )

    Verify source ↗

    The Wildlife Conservation Board must establish and run the California Riparian Habitat Conservation Program through the department.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. ) ## 1387. The Wildlife Conservation Board shall establish and administer, through the department, the California Riparian Habitat Conservation Program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The purpose and goal of the program is to protect, preserve, and restore riparian habitats throughout the state by the acquisition of interests and rights in real property and waters to the extent deemed necessary to carry out the purposes of the program. (Added by Stats. 1991, Ch. 762, Sec. 3.)
  183. 1388.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. )

    Verify source ↗

    The board must approve projects to acquire, preserve, restore, and enhance riparian habitat statewide, and coordinate its activities with other resource protection activities of the board and other state agencies.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. ) ## 1388. The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance riparian habitat throughout the state, and coordinate its activities undertaken pursuant to this program with other resources protection activities of the board and other state agencies. (Added by Stats. 1991, Ch. 762, Sec. 3.)
  184. 1389.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. )

    Verify source ↗

    The Wildlife Conservation Board, the department, and impacted state agencies must treat preserving and enhancing riparian habitat as a primary concern.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. ) ## 1389. The preservation and enhancement of riparian habitat shall be a primary concern of the Wildlife Conservation Board and the department, and of all state agencies whose activities impact riparian habitat, including the Department of Conservation, the Department of Parks and Recreation, the Department of Water Resources, the Department of Forestry and Fire Protection, the State Coastal Conservancy, the California Conservation Corps, the California Tahoe Conservancy, the Santa Monica Mountains Conservancy, the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, and the State Lands Commission. (Amended by Stats. 2013, Ch. 352, Sec. 94. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  185. 1390.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. )

    Verify source ↗

    The Wildlife Conservation Board may authorize the department to acquire property interests, coordinate with surplus real property sales programs, award grants and loans, and take certain actions to preserve riparian habitat.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. ) ## 1390. In order to accomplish the objectives of this chapter, the Wildlife Conservation Board may authorize the department to do all of the following: (a) Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property. (b) Coordinate its activities under the program with any governmental program for surplus real property sales in the state. (c) Award grants and loans to local public agencies, state agencies, federal agencies, and nonprofit organizations for the purposes of this program. (d) For the purposes of this chapter, “nonprofit organization” means any private, nonprofit organization which qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and has among its principal charitable purposes the preservation of real property for scientific, historic, educational, recreational, scenic or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat. (e) Exercise any authority and comply with requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance riparian habitat for purposes of this chapter. (Added by Stats. 1991, Ch. 762, Sec. 3.)
  186. 1391.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. )

    Verify source ↗

    Grants to nonprofits for acquiring real property are subject to several approval, pricing, transfer, and recording conditions.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.1. California Riparian Habitat Conservation Program [1385 - 1391] ( Chapter 4.1 added by Stats. 1991, Ch. 762, Sec. 3. ) ## 1391. Grants to nonprofit organizations pursuant to Section 1390 for the acquisition of real property or interests therein shall be subject to all of the following conditions: (a) The purchase price of any interest in real property acquired by the nonprofit organization may not exceed fair market value as established by an appraisal approved by the Wildlife Conservation Board. (b) The Wildlife Conservation Board approves the terms under which the interest in real property is acquired. (c) The interest in real property acquired pursuant to a grant from the Wildlife Conservation Board may not be used as security for any debt to be incurred by the nonprofit organization unless the board approves the transaction. (d) The transfer of real property acquired pursuant to a grant shall be subject to the approval of the Wildlife Conservation Board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the State of California. (e) The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated. (f) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state. However, prior to that termination, upon approval of the board, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state. (Added by Stats. 1991, Ch. 762, Sec. 3.)
  187. 14.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Anadromous fish” means fish that spawn in fresh water and spend part of their lives in the ocean.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 14. “Anadromous fish” means fish which spawn in fresh water and spend a portion of their lives in the ocean. (Added by Stats. 1982, Ch. 1486, Sec. 1.5.)
  188. 1400.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted, unless the context requires otherwise.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## 1400. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
  189. 14000.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. The Compact [14000 - 14002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The Governor is authorized and directed to execute a compact with Alaska, Idaho, Oregon, and Washington to cooperate in forming the Pacific States Marine Fisheries Commission.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. The Compact [14000 - 14002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 14000. The Governor is hereby authorized and directed to execute a compact on behalf of this state with any or all of the States of Alaska, Idaho, Oregon and Washington for the purpose of cooperating with those states in the formation of a Pacific States Marine Fisheries Commission. (Amended by Stats. 1996, Ch. 870, Sec. 53. Effective January 1, 1997.)
  190. 14001.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. The Compact [14000 - 14002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section sets out the Pacific Marine Fisheries Compact, including how it operates, how the commission works, funding shares, and the notice required to withdraw.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. The Compact [14000 - 14002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 14001. The form and contents of the Pacific Marine Fisheries Compact shall be substantially as provided in this section and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this division: Pacific Marine Fisheries Compact The contracting states do hereby agree as follows: Article I The purposes of this compact are and shall be to promote the better utilization of fisheries, marine, shell and anadromous, which are of mutual concern, and to develop a joint program of protection and prevention of physical waste of such fisheries in all of those areas of the Pacific Ocean over which the compacting states jointly or separately now have or may hereafter acquire jurisdiction. Nothing herein contained shall be construed so as to authorize the compacting states or any of them to limit the production of fish or fish products for the purpose of establishing or fixing the prices thereof or creating and perpetuating a monopoly. Article II This agreement shall become operative immediately as to those states executing it in the form that is in accordance with the laws of the executing state and when the Congress has given its consent. Article III Each state joining herein shall appoint, as determined by state statutes, one or more representatives to a commission hereby constituted and designated as the Pacific States Marine Fisheries Commission, of whom one shall be the administrative or other officer of the agency of such state charged with the conservation of the fisheries resources to which this compact pertains. This commission shall be invested with the powers and duties set forth herein. The term of each commissioner of the Pacific States Marine Fisheries Commission shall be four years. A commissioner shall hold office until his successor shall be appointed and qualified but such successor’s term shall expire four years from legal date of expiration of the term of his predecessor. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled for the unexpired term, or a commissioner may be removed from office, as provided by the statutes of the state concerned. Each commissioner may delegate in writing from time to time, to a deputy, the power to be present and participate, including voting as his representative or substitute, at any meeting of or hearing by or other proceeding of the commission. Voting powers under this compact shall be limited to one vote for each state regardless of the number of representatives. Article IV The duty of the said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell, and anadromous in all of those areas of the Pacific Ocean over which the states signatory to this compact jointly or separately now have or may hereafter acquire jurisdiction. The commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions and said conservation zones to promote the preservation of those fisheries and their protection against overfishing, waste, depletion or any abuse whatsoever and to assure a continuing yield from the fisheries resources of the signatory parties hereto. To that end the commission shall draft and, after consultation with the advisory committee hereinafter authorized, recommend to the governors and legislative branches of the various signatory states hereto legislation dealing with the conservation of the marine, shell, and anadromous fisheries in all of those areas of the Pacific Ocean over which the states signatory to this compact jointly or separately now have or may hereafter acquire jurisdiction. The commission shall, more than one month prior to any regular meeting of the legislative branch in any state signatory hereto, present to the governor of such state its recommendations relating to enactments by the legislative branch of that state in furthering the intents and purposes of this compact. The commission shall consult with and advise the pertinent administrative agencies in the signatory states with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable and which lie within the jurisdiction of such agencies. The commission shall have power to recommend to the states signatory hereto the stocking of the waters of such states with marine, shell or anadromous fish and fish eggs or joint stocking by some or all of such states and when two or more of the said states shall jointly stock waters the commission shall act as the coordinating agency for such stocking. Article V The commission shall elect from its number a chairman and a vice chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications and compensation. Said commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place within the territorial limits of the signatory states but must meet at least once a year. Article VI No action shall be taken by the commission except by the affirmative vote of a majority of the whole number of compacting states represented at any meeting. No recommendation shall be made by the commission in regard to any species of fish except by the vote of a majority of the compacting states which have an interest in such species. Article VII The fisheries research agencies of the signatory states shall act in collaboration as the official research agency of the Pacific States Marine Fisheries Commission. An advisory committee to be representative of the commercial fishermen, commercial fishing industry and such other interests of each state as the commission deems advisable shall be established by the commission as soon as practicable for the purpose of advising the commission upon such recommendations as it may desire to make. Article VIII Nothing in this compact shall be construed to limit the powers of any state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any state imposing additional conditions and restrictions to conserve its fisheries. Article IX Continued absence of representation or of any representative on the commission from any state party hereto, shall be brought to the attention of the governor thereof. Article X The states agree to make available annual funds for the support of the commission on the following basis: Eighty percent of the annual budget shall be shared equally by those member states having as a boundary the Pacific Ocean. Not less than 5 percent of the annual budget shall be contributed by any other member state. The balance of the annual budget shall be shared by those member states having as a boundary the Pacific Ocean, in proportion to the primary market value of the products of their commercial fisheries on the basis of the latest five-year catch records. The annual contribution of each member state shall be figured to the nearest one hundred dollars ($100). Article XI This compact shall continue in force and remain binding upon each state until renounced by it. Renunciation of this compact must be preceded by sending six months’ notice in writing of intention to withdraw from the compact to the other parties hereto. Article XII Hawaii or any other state having rivers or streams tributary to the Pacific Ocean may become a contracting state by enactment of the Pacific Marine Fisheries Compact. Upon admission of any new state to the compact, the purposes of the compact and the duties of the commission shall extend to the development of joint programs for the conservation, protection and prevention of physical waste of fisheries in which the contracting states are mutually concerned and to all waters of the newly admitted state necessary to develop such programs. This compact shall become effective upon its enactment by the states signatory to this compact and upon ratification by Congress by virtue of the authority vested in it under Article 1, Section 10, of the Constitution of the United States. (Amended by Stats. 1996, Ch. 870, Sec. 54. Effective January 1, 1997.)
  191. 14002.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. The Compact [14000 - 14002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    California’s participation in this compact continues unless the Legislature provides otherwise by law; if discontinuance is authorized, the Governor must execute and send a notice of intention to withdraw.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. The Compact [14000 - 14002] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 14002. Participation by this State in this compact shall continue until the Legislature otherwise provides by law. Notice of intention to withdraw from such compact shall be executed and transmitted by the Governor after the Legislature provides by law for discontinuance of participation therein by this State. (Enacted by Stats. 1957, Ch. 456.)
  192. 1401.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. )

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    This section defines “Fund” to mean the Inland Wetlands Conservation Fund.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## 1401. “Fund” means the Inland Wetlands Conservation Fund, created in the Wildlife Restoration Fund by Section 1430. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
  193. 1402.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. )

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    “Board” means the Wildlife Conservation Board created by Section 1320.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## 1402. “Board” means the Wildlife Conservation Board created by Section 1320. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
  194. 1403.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. )

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    This section defines “inland areas” as most of California, excluding certain coastal, mountain, and Tahoe-region lands.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## 1403. “Inland areas” means the entire area of California except lands under the jurisdiction of the State Coastal Conservancy, lands within the Santa Monica Mountains Zone, as defined in Section 33105 of the Public Resources Code, and lands under the jurisdiction of the California Tahoe Conservancy Agency in the Lake Tahoe region, as defined in Section 66905.5 of the Government Code. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
  195. 1404.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. )

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    “Program” means the Inland Wetlands Conservation Program in this chapter.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## 1404. “Program” means the Inland Wetlands Conservation Program, as provided in this chapter. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
  196. 1405.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. )

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    This section defines “nonprofit organization” as an organization described in 26 U.S.C. 501(c).

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 1. Definitions [1400 - 1405] ( Article 1 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## 1405. “Nonprofit organization” means an organization described in subsection (c) of Section 501 of the Internal Revenue Code of the United States (26 U.S.C. 501(c)). (Added by Stats. 1990, Ch. 1645, Sec. 2.)
  197. 1410.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 2. The Inland Wetlands Conservation Program [1410 - 1422] ( Article 2 added by Stats. 1990, Ch. 1645, Sec. 2. )

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    The Inland Wetlands Conservation Program is created in the board.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 2. The Inland Wetlands Conservation Program [1410 - 1422] ( Article 2 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## 1410. The Inland Wetlands Conservation Program is hereby created in the board. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
  198. 14100.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. The Commission [14100 - 14105] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    Three California members of the Pacific States Marine Fisheries Commission are appointed by the Governor with Senate advice and consent.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. The Commission [14100 - 14105] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 14100. In furtherance of the provisions contained in the compact there shall be three members of the Pacific States Marine Fisheries Commission from the State of California, appointed by the Governor by and with the advice and consent of the Senate. One such commissioner shall be the administrative or other officer of the department or agency of this state charged with the conservation of its marine fisheries resources; another commissioner shall be a Member of the Legislature of this state who is a member of a committee on interstate cooperation of the said Legislature, and another member shall be a citizen of this state who shall have wide knowledge of and interest in the marine fisheries problem. (Amended by Stats. 1996, Ch. 870, Sec. 55. Effective January 1, 1997.)
  199. 14101.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. The Commission [14100 - 14105] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    Each commissioner serves a four-year term and stays in office until a successor is appointed and qualified.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. The Commission [14100 - 14105] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 14101. The term of each commissioner shall be four years. A commissioner shall hold office until his successor shall be appointed and qualified but such successor’s term shall expire four years from the legal date of expiration of the term of his predecessor. Any commissioner may be removed from office by the Governor upon charges and after a hearing. The term of any commissioner who ceases to hold the qualifications required shall terminate when a successor may be duly appointed. Vacancies occurring in the office of a commissioner from any reason or cause shall be filled for the unexpired term in the same manner as for a full term appointment. (Enacted by Stats. 1957, Ch. 456.)
  200. 14102.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. The Commission [14100 - 14105] ( Chapter 2 enacted by Stats. 1957, Ch. 456. )

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    Commissioners are entitled to $100 per day for official duties if they are not state officers, and all commissioners must be reimbursed for actual and necessary travel expenses for official commission business.

    ## Fish and Game Code - FGC ## DIVISION 11. PACIFIC MARINE FISHERIES COMPACT [14000 - 14105] ( Division 11 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. The Commission [14100 - 14105] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## 14102. Each commissioner who is not also a state officer shall receive one hundred dollars ($100) for each day performing official duties pursuant to the direction of the commission, and each commissioner shall receive actual and necessary travel expenses incurred in performing official duties on behalf of the commission. (Amended by Stats. 2015, Ch. 154, Sec. 116. (AB 1527) Effective January 1, 2016.)

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