Fish and Game Code

Part 3 of 12 · provisions 401–600

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

Jurisdiction: United States — California
Instrument: Code
Citation: FGC
Version: Undated source snapshot
Language: en
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Complete work: View statute overview

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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

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14103.
## 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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State officers must take necessary or incidental steps within their authority to carry out the compact, and state government officers and departments must, when requested by the commission and at convenient times, provide information and help within their legal rights.

## 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. ) ## 14103. All officers of the State are authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular. The policy of this State is to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the State Government or administration of the State are hereby authorized and directed at convenient times and upon request of the commission to furnish the commission with information and data possessed by them and to aid the commission by any means lying within their legal rights. (Enacted by Stats. 1957, Ch. 456.)
14104.
## 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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The commission must keep accurate accounts of its activities and report them to the Governor and the Legislature every year by December 31.

## 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. ) ## 14104. The commission shall keep accurate accounts of its activities and shall report to the Governor and the Legislature on or before the thirty-first day of December in each year, setting forth in detail the transactions conducted by it during that calendar year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes which may be necessary to carry out the intent and purposes of the compact between the signatory states. (Enacted by Stats. 1957, Ch. 456.)
14105.
## 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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If the Governor executes the compact for the State, the Governor must sign it and state that it is executed under the compact’s provisions.

## 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. ) ## 14105. When the Governor on behalf of the State executes the compact, he shall attach his signature thereto under a recital that such compact is executed pursuant to the provisions thereof, subject to the limitations and qualifications contained in the sections of this division in aid and furtherance thereof. (Enacted by Stats. 1957, Ch. 456.)
1411.
## 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 board must administer the Inland Wetlands Conservation Program and is the designated recipient of certain allocated funds.

## 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. ) ## 1411. (a) The Inland Wetlands Conservation Program is the program designated for use of the funds allocated pursuant to subdivision (f) of Section 2791, as enacted by the California Wildlife Protection Act of 1990. The board shall administer the program. (b) The board is the agency designated for receipt of the funds allocated pursuant to subdivision (f) of Section 2791, as enacted by the California Wildlife Protection Act of 1990. (c) The purpose and goal of the program is to carry out the programs of the Central Valley Habitat Joint Venture. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1412.
## 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 board may apply for and accept federal grants and other financial support for the program.

## 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. ) ## 1412. The board may apply for and accept federal grants and receive gifts, donations, subventions, rent, royalties, and other financial support from public and private sources for the purposes of the program. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1413.
## 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 board may acquire or accept gifts or dedications of certain land interests in inland areas when needed to carry out 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 2. The Inland Wetlands Conservation Program [1410 - 1422] ( Article 2 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## 1413. The board may acquire or accept the gift or dedication of fee title, easements, leases, development rights, or other interests in lands in inland areas necessary to carry out the purposes of this chapter. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1414.
## 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 board must coordinate its program activities with federal surplus land sales in inland 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 4.3. 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. ) ## 1414. The board shall coordinate its activities in the program with federal surplus land sales in inland areas. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1415.
## 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 board may lease, rent, sell, exchange, or otherwise transfer land, interests in land, or options acquired under this chapter to carry out the program.

## 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. ) ## 1415. (a) Notwithstanding any other provision of law, the board may lease, rent, sell, exchange, or otherwise transfer any land, interest in land, or option acquired pursuant to this chapter for the purposes of carrying out the program. (b) The proceeds from any lease, rental, sale, exchange, or transfer of land, or any interest therein, or option thereon, shall be deposited in the fund. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1416.
## 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 board may make grants or loans to specified public and nonprofit recipients for wetland-related acquisition, restoration, or enhancement, and loan repayments plus interest must be 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 4.3. 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. ) ## 1416. The board may make grants or loans to nonprofit organizations, local governmental agencies, and state departments and agencies for the purpose of wetland and associated upland habitat acquisition, restoration, or enhancement in the same manner and subject to the same provisions 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 fund. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1417.
## 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 board may lease nonwetlands habitat in need of restoration to certain public and nonprofit entities, if the lease agreement requires the lessee to restore and maintain the wetlands at their highest possible wetland value.

## 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. ) ## 1417. The board may lease nonwetlands habitat in need of restoration to nonprofit organizations, local governmental agencies, and state departments and agencies under agreements in which the lessee agrees to restore the wetlands to their highest possible wetland value and maintain the wetlands at that highest possible wetland value. Proceeds from any lease or rental and interest thereon shall be deposited in the fund. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1418.
## 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 board may acquire, restore, sell, or exchange former wetlands and associated upland habitat if an agreement keeps the lands as wetlands in perpetuity.

## 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. ) ## 1418. The board may acquire former wetlands and associated upland habitat, restore those areas, and sell the lands, or any interest therein, to private owners, local governmental agencies, and state departments and agencies or exchange them for other land, if an agreement is secured to keep and maintain the lands as wetlands in perpetuity. The agreement shall contain a reversion if the lands sold or exchanged are not maintained as wetlands. The agreement containing the reversion shall be set forth in any conveyance transferring any land, interest in land, or option subject to this section. Proceeds from the sales or exchanges shall be deposited in the fund. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1419.
## 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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Any money left over after an eligible acquisition, restoration, or enhancement project must be returned to the board and 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 4.3. 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. ) ## 1419. Any funds remaining after an eligible acquisition, restoration, or enhancement of any project under this article shall be returned to the board and shall be deposited in the fund. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1420.
## 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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When the board reviews a grant or loan application, it must prefer certain wetlands projects and wintering habitat in the central valley.

## 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. ) ## 1420. In reviewing any grant or loan application, preference shall be given to projects on wetlands that have a secure source of water or are adjacent to existing wetlands that are protected by public ownership or conservation easements, or both. The board shall give preference to wintering habitat in the central valley. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1421.
## 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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When creating new wetlands, the board must prefer lands that are most suitable for the purpose.

## 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. ) ## 1421. When creating new wetlands, the board shall give preference to lands most suitable for this purpose due to elevations, existence of levees, proximity to existing wetlands that are protected, and potential sources of water. These potential sources of water are limited to all of the following: (a) Water rights which are attached to the land to be restored including groundwater associated with the property. (b) Water willingly made available for a wetlands conservation project through water conservation. (c) Recycled water. (d) Undeveloped water supplies of the state. (e) Water marketed for wetlands purposes by a willing seller. (f) Water otherwise made available for wetlands purposes by private, nonprofit, local, and regional entities. (Amended by Stats. 1995, Ch. 28, Sec. 1.5. Effective January 1, 1996.)
1422.
## 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 board must prepare and submit a report to the Governor and the Legislature by January 1, 1992, and every third year after that.

## 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. ) ## 1422. On or before January 1, 1992, and every third year thereafter, the board shall prepare and submit a report to the Governor and the Legislature on activities of the board under this chapter and other activities relating to wetland acquisition by the board. The report shall include, but is not limited to, the following: (a) The status of wetland acquisition, restoration, and enhancement projects in inland areas. (b) The net increase of wetland habitat as a result of projects of the board, including the activities carried out pursuant to the program. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1430.
## 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 3. Finances [1430 - 1431] ( Article 3 added by Stats. 1990, Ch. 1645, Sec. 2. )
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A fund is created in the Wildlife Restoration Fund, and its money may be used only for the Inland Wetlands Conservation Program, including administrative 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 4.3. Inland Wetlands Conservation Program [1400 - 1431] ( Chapter 4.3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## ARTICLE 3. Finances [1430 - 1431] ( Article 3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## 1430. The Inland Wetlands Conservation Fund is hereby created in the Wildlife Restoration Fund. The money in the fund shall be solely used to carry out the Inland Wetlands Conservation Program, including the administrative costs of the program. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1431.
## 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 3. Finances [1430 - 1431] ( Article 3 added by Stats. 1990, Ch. 1645, Sec. 2. )
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The board must deposit certain allocations into the fund, and the fund money is continuously appropriated to the board for 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 3. Finances [1430 - 1431] ( Article 3 added by Stats. 1990, Ch. 1645, Sec. 2. ) ## 1431. The board shall deposit in the fund all allocations made pursuant to subdivision (f) of Section 2791. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated to the board to carry out this chapter. (Added by Stats. 1990, Ch. 1645, Sec. 2.)
1450.
## 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. )
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This chapter is known and may be cited as the California Desert 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. ) ## 1450. This chapter shall be known, and may be cited, as the California Desert Conservation Act. (Added by Stats. 2021, Ch. 380, Sec. 1. (AB 1183) Effective January 1, 2022.)
1451.
## 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. )
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This section states legislative findings about the California deserts region, including its natural, cultural, economic, and water-resource importance.

## 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. ) ## 1451. The Legislature finds and declares all of the following: (a) The Mojave and Colorado Deserts region in California, hereafter referred to as “the California deserts region,” are globally significant areas, including national parks and preserves, national monuments, wilderness areas, state parks, and the lowest point in the 48 contiguous states, with large, pristine areas that are open for public use. (b) The California deserts region is also the ancestral homeland of numerous tribal communities. The region includes cultural, biological, and historical resources on sacred land that should be protected and preserved. (c) The California deserts region is an important part of the state’s economy, with total direct travel spending in the California deserts region estimated in 2018 at seven billion six hundred million dollars ($7,600,000,000) and by supporting 73,000 jobs. Total government revenue generated by travel in the California deserts region for 2018 was six hundred nine million dollars ($609,000,000). (d) The California deserts region’s popularity among California and international recreationists has more than doubled within the past five years. Visitation to Joshua Tree National Park increased by 112 percent between 2013 and 2018. During the same time period, visits to Death Valley National Park increased by 76 percent and visits to Mojave National Preserve increased by 43 percent. (e) The California deserts region provides world-class opportunities for hiking, camping, sightseeing, rock climbing, rock hounding, off-highway vehicle use, and many other recreational activities. (f) Undisturbed desert lands are known to sequester and store carbon and contribute to climate change resilience. (g) Nonnative, invasive grasses, such as Mediterranean grass and cheatgrass, create continuous fuel beds across desert lands that can spark and support massive wildfires in areas where fire was previously rare. (h) The California deserts region is characterized as having high biological diversity. In the Mojave Desert, there is an approximate total of 1,500 plant taxa with 210 being endemic to California. (i) The California deserts region is home to iconic species such as the western Joshua tree (Yucca brevifolia), the federally threatened desert tortoise (Gopherus agassizii), and species of special concern such as the desert bighorn sheep (Ovis canadensis nelsoni), which requires wildlife corridors to maintain healthy populations. (j) Water sources within the California deserts region are comprised of both groundwater and surface water that provide critical sustenance for unique and diverse ecosystems. Groundwater elevations should be stable and not overdrafted to maintain the surface flow of springs that support the fragile ecosystems in the region. Proposed groundwater extraction projects have threatened water supplies in the California deserts region. (Added by Stats. 2021, Ch. 380, Sec. 1. (AB 1183) Effective January 1, 2022.)
1452.
## 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. )
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This section defines key terms used in the California Desert Conservation Program 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. ) ## 1452. As used in this chapter, unless the context requires otherwise, the following definitions apply: (a) “Board” means the Wildlife Conservation Board. (b) “Department” means the Department of Fish and Wildlife. (c) “Local public agency” includes, but is not limited to, a city, county, city and county, association of governments, or joint powers authority. (d) “Nonprofit organization” means any private, nonprofit organization that 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) “Program” means the California Desert Conservation Program. (f) “Region” or “California deserts region” includes the portions of the Mojave and Colorado Deserts, across 26,000,000 acres of southeastern California lying within the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego that is within the California Desert Conservation Area as that area was delineated in the map and legal description of the California Desert Conservation Area prepared by the United States Secretary of the Interior pursuant to Section 1781(c) of Title 43 of the United States Code, as that map and legal description was in effect on December 31, 2020, and the portions of the Bureau of Land Management’s Bakersfield and Bishop Resource Management Plans, as amended by the Record of Decision, dated September 14, 2016, of the Desert Renewable Energy Conservation Plan Land Use Plan Amendment. The Coachella Valley Mountains Conservancy area, as described in Section 33502 of the Public Resources Code, shall be excluded from, and is not part of, the California deserts region. (g) “Tribe” means any federally recognized Native American tribe or a nonfederally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission. (Added by Stats. 2021, Ch. 380, Sec. 1. (AB 1183) Effective January 1, 2022.)
1453.
## 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. )
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The board must establish and administer the 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. ) ## 1453. The board shall establish and administer, through the department, the program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The purpose and goal of the program is to do all of the following: (a) Protect, preserve, and restore the region’s natural, cultural, and physical resources through the acquisition, restoration, and management of lands. (b) Promote the protection and restoration of the biological diversity of the region, including the recovery of threatened and endangered species. (c) Provide for resilience within the region to climate change, including, but not limited to, reducing the risk of natural disasters such as wildfires, controlling invasive species, protecting and improving habitat connectivity, and protecting soil carbon stores by limiting ground disturbance. (d) Protect and improve air quality and water resources within the region. (e) Undertake efforts to enhance public use and enjoyment of lands owned by the public, with an emphasis on expanding opportunities for education and access to public lands for communities that currently lack access. (Added by Stats. 2021, Ch. 380, Sec. 1. (AB 1183) Effective January 1, 2022.)
1454.
## 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. )
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The board must approve certain desert habitat projects and coordinate its program activities with related resource-protection 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. ) ## 1454. The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance desert habitat within the California deserts region consistent with the conservation strategies approved by the department and coordinate its activities undertaken pursuant to the program with other resource protection activities of the board and other state agencies. (Added by Stats. 2021, Ch. 380, Sec. 1. (AB 1183) Effective January 1, 2022.)
1455.
## 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. )
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The board, the department, and state agencies whose activities affect desert habitat must treat the preservation and restoration of desert 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. ) ## 1455. The preservation and restoration of desert habitat shall be a primary concern of the board and the department, and of all state agencies whose activities impact desert habitat. (Added by Stats. 2021, Ch. 380, Sec. 1. (AB 1183) Effective January 1, 2022.)
1456.
## 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. )
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The board may authorize the department to acquire property and water-right interests, coordinate with surplus real-property sales programs, award grants, and exercise certain authority to preserve and enhance desert 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. ) ## 1456. In order to accomplish the purposes of this chapter, the 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 to local public agencies, state agencies, tribes, and nonprofit organizations for the purposes of the program. (d) Exercise any authority and comply with the requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance desert habitat for purposes of this chapter. (Added by Stats. 2021, Ch. 380, Sec. 1. (AB 1183) Effective January 1, 2022.)
1457.
## 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. )
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Grants to nonprofits for real property acquisitions are subject to board approval, price and use limits, recording requirements, and state reversion rights.

## 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. ) ## 1457. 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 shall not exceed fair market value as established by an appraisal approved by the board. (b) The 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 board shall 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 board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the state. (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, before 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. 2021, Ch. 380, Sec. 1. (AB 1183) Effective January 1, 2022.)
1458.
## 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. )
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A fund account is created in the State Treasury, and the board must administer 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 4.4. California Desert Conservation Program [1450 - 1458] ( Chapter 4.4 added by Stats. 2021, Ch. 380, Sec. 1. ) ## 1458. (a) The California Desert Conservation Program Fund Account is hereby created in the State Treasury. The account shall be administered by the board. Moneys in the account may be expended, upon appropriation by the Legislature, for the purposes of this chapter. (b) Moneys may be deposited into the account from gifts, donations, funds appropriated by the Legislature for the purposes of this chapter, federal grants, and other sources. Moneys in the account shall be used for the purpose of implementing this chapter, including administrative costs. (Added by Stats. 2021, Ch. 380, Sec. 1. (AB 1183) Effective January 1, 2022.)
15.
## 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. )
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This provision defines “angling” as taking, or trying to take, fish with hook and line under specified hand-held or closely attended rod/pole conditions.

## 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. ) ## 15. “Angling” means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth. (Amended by Stats. 1989, Ch. 318, Sec. 1.)
1500.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. )
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The department may exchange or sell certain property only with approval from the commission and the Department of General Services, and it must not do so if the exchange or sale would materially reduce the total area of the listed ranges or 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1500. The department may, with the approval of the commission and the Department of General Services, exchange any portion of the property lying within the boundaries of any area or range referred to in this section for any property within or contiguous to such area or range or may sell any portion of the property within such boundaries and with the proceeds thereof acquire any property within or contiguous to such area or range; provided, that no exchange or sale of property authorized in this section shall materially reduce the total area of any range or area referred to in this section. A copy of each deed of conveyance executed and delivered by the department, and of each deed conveying lands to the state, pursuant to this section shall be delivered to the State Lands Commission. The provisions of this section apply to all of the following: (a) The Doyle Deer Winter Range, located in Lassen County. (b) The Tehama Deer Winter Range, located in Tehama County. (c) The Honey Lake Waterfowl Management Area, located in Lassen County. (d) The Imperial Waterfowl Management Area, located in Imperial County. (e) The Mendota Waterfowl Management Area, located in Fresno County. (f) The San Jacinto Wildlife Area, located in Riverside County. (g) The Lakes Earl/Talawa Wildlife Area, located in Del Norte County. (h) The Santa Rosa Mountains Bighorn Sheep Reserve, located in Riverside County. (i) The Camp Cady Wildlife Area, located in San Bernardino County. (j) The Butte Valley Wildlife Area, located in Siskiyou County. (k) The Ash Creek Wildlife Area, located in Lassen and Modoc Counties. (l) The Moss Landing Wildlife Area, located in Monterey County. (Amended by Stats. 1987, Ch. 1358, Sec. 1.)
1500.5.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. )
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When property is exchanged or sold under Section 1500, the director must reserve mineral rights for the state, with different rules for parcels of 15 acres or less and parcels over 15 acres.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1500.5. (a) The following rules govern an exchange or sale of property pursuant to Section 1500: (1) If a parcel contains 15 acres or less, the director shall except and reserve to the state all mineral deposits below a depth of 500 feet, without surface rights of entry. (2) If a parcel contains more than 15 acres, the director shall except and reserve to the state all mineral deposits, together with the rights to prospect for, mine, and remove the deposits. The rights to prospect for, mine, and remove shall be limited to those areas of the property conveyed that the director, after consultation with the State Lands Commission, determines to be reasonably necessary for the removal of the resources and deposits. (b) For the purposes of this section, the mineral deposits reserved to the state are those described in Section 6407 of the Public Resources Code. (Amended by Stats. 2023, Ch. 132, Sec. 19. (AB 1760) Effective January 1, 2024.)
15000.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. )
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Aquaculture businesses are governed by this division and are exempt from certain fishing-related code provisions.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15000. (a) The business of aquaculture is governed by this division and is exempt from Part 3 (commencing with Section 7600) of Division 6 and any other provision of this code relating to commercial fishing, harvesting, processing, and marketing. (b) Except as provided in Sections 15005, 15200, 15201, and 15202, the business of aquaculture processing, distribution, and marketing is administered by the Secretary of Food and Agriculture. (c) The director may enter into an agreement with the Secretary of Food and Agriculture for the resolution of any conflict that arises under subdivision (b). (d) Any costs incurred by the department in implementing Sections 15005, 15200, 15201, and 15202 shall be recovered pursuant to this division. (Amended by Stats. 1995, Ch. 810, Sec. 4. Effective January 1, 1996.)
15001.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. )
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Cultured progeny of lawfully obtained wild plants and animals belongs exclusively to the person who cultured them, or that person’s successor in interest.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15001. The cultured progeny of wild plants and animals lawfully obtained under Section 15300 are the exclusive property of that person who cultured them or that person’s successor in interest. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15002.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. )
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Taking aquaculture products without lawful entitlement is treated as theft prosecution.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15002. Any person who takes aquaculture products without lawful entitlement is subject to prosecution for theft. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15003.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. )
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The department may charge a fee to persons growing aquaculture products on public lands and waters, and the fee must be paid monthly within 30 days after each month ends.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15003. (a) The department may assess a fee on persons growing aquaculture products on public lands and in public waters based on the price per pound of the products sold. The fees, if imposed, shall be set at amounts necessary to defray the costs of the commission and the department in administering this division. However, the fees, if any, may not exceed the rates as provided in Section 8051. (b) The price per pound shall be based on the whole product weight or its equivalent as taken by the lessee. (c) The fee imposed by this section shall be paid monthly to the department within 30 days after the close of each month. If not paid within 60 days after the close of the month in which it is due, a 10 percent penalty shall be paid. (Amended by Stats. 2017, Ch. 26, Sec. 37. (SB 92) Effective June 27, 2017.)
15004.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. )
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Aquaculturists under this division must pay the department’s inspection costs when those inspections are required by this division or related regulations, if the aquaculturists request the inspections.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15004. Aquaculturists operating under this division shall pay all costs incurred by the department when conducting any inspections of plants, animals, facilities, or culture areas required by this division, or by regulations adopted pursuant to this division, when requested by the aquaculturists. (Amended by Stats. 2022, Ch. 307, Sec. 1. (SB 1392) Effective January 1, 2023.)
15005.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. )
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The commission may regulate certain aquaculture products, require shipment documents, and require products to be marked as aquaculture-produced, with listed exceptions.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15005. (a) When necessary for the protection of native wildlife, the commission may regulate the transportation, purchase, possession, and sale of specific aquaculture products as provided for in this section. (b) The commission may determine that aquaculture products shall be accompanied by a document containing any of the following information: (1) The name, address, and registration number of the aquaculture producer. (2) The species. (3) The weight, volume or count within the container. (4) The date of the shipment. (5) The name and address of the intended receiver. (c) The commission may require that certain aquaculture products shall be additionally identified as being aquaculture produced, except for the following: (1) Trout. (2) Catfish. (3) Kelp and aquatic plants. (4) Frogs and amphibia. (5) All bivalve mollusks (except little neck clams). (6) All members of the family Centrarchidae. (7) Crayfish. (8) Sea urchins. (9) Shrimp and fresh water prawns. (10) Crab. (Amended by Stats. 1983, Ch. 1300, Sec. 19.)
15006.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. )
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This section excludes certain authorized ornamental marine or freshwater plants and animals from this division if they are not used for human consumption or bait and are kept in closed systems for personal, pet industry, or hobby purposes.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15006. Nothing in this division applies to authorized species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes. (Added by Stats. 1983, Ch. 131, Sec. 20. Effective June 27, 1983.)
15007.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. )
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This section generally forbids spawning, incubating, or cultivating certain finfish, including Salmonidae, transgenic fish, and exotic species, with limited research-related exceptions and permit-based authorization for some transgenic finfish research.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15007. (a) In the waters of the Pacific Ocean that are regulated by this state, it is unlawful to spawn, incubate, or cultivate any species of finfish belonging to the family Salmonidae, transgenic fish species, or any exotic species of finfish. Except as authorized pursuant to subdivision (d), it is unlawful to spawn, incubate, or cultivate any transgenic species of finfish belonging to the family Salmonidae in this state. This section does not apply to salmon or steelhead trout reared from native California stocks that are propagated and cultured for either of the following: (1) Research conducted by, or on behalf of, the department. (2) Release into ocean waters for the purpose of recovery, restoration, or enhancement of California’s native salmon and steelhead trout populations pursuant to Chapter 8 (commencing with Section 6900) of Part 1 of Division 6. (b) Nothing in this section authorizes artificial propagation, rearing, or stocking of transgenic freshwater and marine fishes, invertebrates, crustaceans, or mollusks. (c) Research or experimentation for the commercial production of transgenic salmonids is prohibited. (d) (1) Medical or scientific research conducted on transgenic finfish species by accredited California academic institutions or private entities for research only and not for commercial production may be authorized pursuant to a permit issued by the department pursuant to Section 671 of Title 14 of the California Code of Regulations, as that section read on May 14, 2003. (2) At a minimum, research activities conducted pursuant to this subdivision shall be conducted in a closed system that has eliminated the risk of escape of transgenic finfish species and any potential disease they may transmit. (3) A permit application applied for pursuant to this subdivision shall include a research plan specifying the objectives and goals of the proposed research. (4) Nothing in this subdivision shall be construed to require the disclosure of proprietary information. (e) The department shall notify the Joint Committee on Fisheries and Aquaculture and the commission upon receipt of a permit application applied for pursuant to subdivision (d) at least 30 days prior to the approval or disapproval of the permit. (f) As used in this section, the following definitions shall apply: (1) “Exotic species” means a fish that is not native to California waters and that does not currently exist as a viable population in a wild condition in the state. (2) “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. (Amended by Stats. 2014, Ch. 444, Sec. 3. (AB 504) Effective January 1, 2015.)
15007.5.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. )
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Business owners or operators may not sell, possess, or transport aquaculture-produced octopus; the section also makes octopus aquaculture for human consumption unlawful.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15007.5. (a) It shall be unlawful to engage in the aquaculture of any species of octopus for the purpose of human consumption. (b) A business owner or operator shall not sell, possess, or transport any species of octopus that is the result or product of aquaculture. (Added by Stats. 2024, Ch. 758, Sec. 2. (AB 3162) Effective January 1, 2025.)
15008.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. )
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The department must prepare programmatic environmental impact reports for commercial aquaculture operations in coastal and inland areas if appropriations and matching industry funds are provided.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 1. General Provisions [15000 - 15008] ( Chapter 1 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15008. (a) The department shall, in consultation with the Aquaculture Development Committee, prepare programmatic environmental impact reports for existing and potential commercial aquaculture operations in both coastal and inland areas of the state if both of the following conditions are met: (1) Funds are appropriated to the department for this purpose. (2) Matching funds are provided by the aquaculture industry. For the purpose of this section, “matching funds” include, but are not limited to, any funds expended by the aquaculture industry before January 1, 2006, for the preparation of a programmatic environmental impact report. (b) If the final programmatic environmental impact report is prepared pursuant to subdivision (a) for coastal marine finfish aquaculture projects and approved by the commission under the California Environmental Quality Act set forth in Division 13 (commencing with Section 21000) of the Public Resources Code, the report shall provide a framework for managing marine finfish aquaculture in an environmentally sustainable manner that, at a minimum, adequately considers all of the following factors: (1) Appropriate areas for siting marine finfish aquaculture operations to avoid adverse impacts, and minimize any unavoidable impacts, on user groups, public trust values, and the marine environment. (2) The effects on sensitive ocean and coastal habitats. (3) The effects on marine ecosystems, commercial and recreational fishing, and other important ocean uses. (4) The effects on other plant and animal species, especially species protected or recovering under state and federal law. (5) The effects of the use of chemical and biological products and pollutants and nutrient wastes on human health and the marine environment. (6) The effects of interactions with marine mammals and birds. (7) The cumulative effects of a number of similar finfish aquaculture projects on the ability of the marine environment to support ecologically significant flora and fauna. (8) The effects of feed, fish meal, and fish oil on marine ecosystems. (9) The effects of escaped fish on wild fish stocks and the marine environment. (10) The design of facilities and farming practices so as to avoid adverse environmental impacts, and to minimize any unavoidable impacts. (Added by Stats. 2006, Ch. 36, Sec. 3. Effective January 1, 2007.)
1501.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. )
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The department may spend necessary funds to improve property for fish and wildlife habitat and may do habitat improvement work on private, public, and public trust lands without the state taking an interest in the property.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1501. The department may expend such funds as may be necessary for the improvement of property, including nonnavigable lakes and streams, riparian zones, and upland, in order to restore, rehabilitate, and improve fish and wildlife habitat. The improvement activities may include, but are not limited to, the removal of barriers to migration of fish and wildlife and the improvement of hatching, feeding, resting, and breeding places for wildlife. The department may undertake the services and habitat improvement work on private, public, and public trust lands without the state acquiring an interest in the property. (Amended by Stats. 1989, Ch. 1400, Sec. 1. Effective October 2, 1989.)
1501.5.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. )
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The department may make habitat-preservation contracts and grants, but only when it finds they help it meet its fish-and-wildlife preservation duties.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1501.5. (a) The department may enter into contracts for fish and wildlife habitat preservation, restoration, and enhancement with public and private entities whenever the department finds that the contracts will assist in meeting the department’s duty to preserve, protect, and restore fish and wildlife. (b) The department may grant funds for fish and wildlife habitat preservation, restoration, and enhancement to public agencies, Indian tribes, and nonprofit entities whenever the department finds that the grants will assist it in meeting its duty to preserve, protect, and restore fish and wildlife. (c) (1) Contracts authorized under this section are contracts for services and are governed by Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. (2) No work under this section is public work or a public improvement, and is not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (d) This section does not apply to contracts for any of the following: (1) Construction of office, storage, garage, or maintenance buildings. (2) Drilling wells and installation of pumping equipment. (3) Construction of permanent hatchery facilities, including raceways, water systems, and bird exclosures. (4) Construction of permanent surfaced roadways and bridges. (5) Any project requiring engineered design or certification by a registered engineer. (6) Any contract, except contracts with public agencies, nonprofit organizations, or Indian tribes that exceed fifty thousand dollars ($50,000) in cost, excluding the cost for gravel, for fish and wildlife habitat preservation, restoration, and enhancement for any one of the following: (A) Fish screens, weirs, and ladders. (B) Drainage or other watershed improvements. (C) Gravel and rock removal or placement. (D) Irrigation and water distribution systems. (E) Earthwork and grading. (F) Fencing. (G) Planting trees or other habitat vegetation. (H) Construction of temporary storage buildings. (Amended by Stats. 2025, Ch. 401, Sec. 1. (AB 1520) Effective January 1, 2026.)
1501.6.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. )
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The department may use federal funds and donated money for the Wolf-Livestock Compensation Pilot Program.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1501.6. Notwithstanding Section 1501.5, the department may allocate federal funds and any moneys received as donations for purposes of the Wolf-Livestock Compensation Pilot Program to pay for the deterrence of wolf presence near livestock, the impacts of wolf presence on livestock, and for verified loss of livestock for ranchers who participate in the program. (Added by Stats. 2024, Ch. 72, Sec. 2. (SB 156) Effective July 2, 2024.)
1502.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. )
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The department may feed game birds, mammals, or fish when natural foods are unavailable, may set up suitable feeding areas, and may spend necessary money from the Fish and Game Preservation Fund for those 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1502. The department, in accordance with policies established by the commission, may provide for the feeding of game birds, mammals, or fish at such times as natural foods therefor are not available, and may provide suitable area or areas for such feeding, and may for those purposes expend such money as is necessary from the Fish and Game Preservation Fund. (Enacted by Stats. 1957, Ch. 456.)
1503.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. )
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The department must provide deer feeding when the director finds natural forage is unavailable because of excessive snow. The director sets the times, extent, and manner of feeding.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1503. The department shall provide for the feeding of deer wherever the director finds that natural forage is unavailable therefor due to excessive snow. The times, extent, and manner of such feeding shall be prescribed by the director. In carrying out the provisions of this section neither the department nor the director shall be bound by any policy determination or regulation of the commission, it being the purpose of this section to commit to the independent discretion of the director all matters within the purview of this section. No deer shall be fed pursuant to this section upon any privately owned land without the consent of the owner or person in lawful possession of such land. (Enacted by Stats. 1957, Ch. 456.)
1504.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. )
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The department may make annual payments for wildlife management area property, but the payments must use appropriated funds, follow the timing rules in the section, and cannot be allocated to certain school-related entities.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1504. (a) When income is derived directly from real property acquired and operated by the state as a wildlife management area, and regardless of whether income is derived from property acquired after October 1, 1949, the department may pay annually to the county in which the property is located an amount equal to the county taxes levied upon the property at the time title to the property was transferred to the state. The department may also pay the assessments levied upon the property by any irrigation, drainage, or reclamation district. (b) Any delinquent penalties or interest applicable to any of those assessments made before September 9, 1953, are hereby canceled and shall be waived. (c) Payments provided by this section shall only be made from funds that are appropriated to the department for the purposes of this section. (d) As used in this section, the term “wildlife management area” includes waterfowl management areas, deer ranges, upland game bird management areas, and public shooting grounds. (e) Any payment made under this section shall be made on or before December 10 of each year, with the exception of newly acquired property for which payments shall be made pursuant to subdivision (f). (f) Any payments made for the purposes of this section shall be made within one year of the date title to the property was transferred to the state, or within 90 days from the date of designation as a wildlife management area, whichever occurs first, prorated for the balance of the year from the date of designation as a wildlife management area to the 30th day of June following the date of designation as a wildlife management area, and, thereafter, payments shall be made on or before December 10 of each year. (g) Notwithstanding any other law, payments provided under this section shall not be allocated to a school district, a community college district, or a county superintendent of schools. (Amended by Stats. 2015, Ch. 24, Sec. 1. (SB 83) Effective June 24, 2015.)
1505.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. )
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The Department of Fish and Wildlife may manage, control, and protect certain listed spawning areas on state-owned land when needed to protect fishlife, and the director must disapprove certain stream alterations if they would harm fishlife.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1505. (a) The department may manage, control, and protect the portions of the following spawning areas that occupy state-owned lands, to the extent necessary to protect fishlife in these areas: (1) The Sacramento River between Keswick and Loybas Hill Bridge, near Vina. (2) The Feather River between Oroville and the mouth of Honcut Creek. (3) The Yuba River between Englebright Dam and a point approximately four miles east of Marysville. (4) The American River between Nimbus Dam and a point one mile downstream from Arden Way. (5) The Mokelumne River between Pardee Dam and Lockeford. (6) The Stanislaus River between Goodwin Dam and Riverbank. (7) The Tuolumne River between La Grange Dam and the Geer Road (J14) Bridge. (8) The Merced River between Crocker Huffman Dam and Cressey. (9) The Trinity River between Lewiston Dam and the confluence of the North Fork Trinity, near Helena. (10) The Eel River, from Fort Seward to Lake Pillsbury. (11) The South Fork Eel River. (12) The Middle Fork Smith River, from its mouth to Knopti Creek. (13) The South Fork Smith River, from its mouth to Harrington Creek. (14) The Salmon River, from its mouth to Rush Creek on the South Fork Salmon River, to Carter Meadow on the east fork of the South Fork Salmon River, and to Finley Camp on the North Fork Salmon River. (15) Battle Creek, from its mouth to Coleman Powerhouse. (16) The Cosumnes River, from Meiss Road Bridge to Latrobe Road Bridge. (17) The Van Duzen River, from Yager Creek to the falls 11/2 miles above Bloody Run Creek. (18) The Mad River, from Blue Lake Bridge to Bug Creek. (19) The Middle Fork Eel River. (20) The Mattole River. (21) The Noyo River. (22) The Big River, Mendocino County. (23) The Gualala River. (24) The Garcia River, Mendocino County. (b) In the event of a conflict between an action of the department pursuant to this section and the action of another department or agency of the state or another public agency, the action of the Department of Fish and Wildlife taken pursuant to this section shall prevail, except in the event of conflict with the following actions: (1) An action of the state or regional water quality control boards in establishing waste discharge requirements. (2) An action required for commerce and navigation. (3) An action by a public agency that is reasonably necessary for bridge crossings, water conservation or utilization, or flood protection projects, including the construction, maintenance, and operation thereof. This paragraph shall not apply to the depositing of materials, other than necessary structural materials, in, or the removing of materials from the streambeds in the areas designated in this section, other than as necessary for the installation of structures. (c) The director shall disapprove a stream alteration of a prime salmon or steelhead spawning area on land of which ownership has not been legally determined, when in the director’s opinion the alteration would prove deleterious to fishlife. (Amended by Stats. 2025, Ch. 401, Sec. 2. (AB 1520) Effective January 1, 2026.)
1506.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. )
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This section defines several terms and sets out mosquito-control notification, consultation, and memorandum-of-understanding rules for certain wetland and wildlife management situations.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 1506. (a) For purposes of this section, the following definitions apply: (1) “Managed wetland habitat” means artificially irrigated and intensively managed wetland habitat administered primarily for the benefit of waterfowl and other wetland-dependent species. (2) “Best management practices” means management strategies jointly developed by the department, the State Department of Public Health, and mosquito abatement and vector control districts, in consultation with the Central Valley Joint Venture, for the ecological control of mosquitoes on managed wetland habitat. (3) “Wildlife management area” has the same meaning as set forth in subdivision (d) of Section 1504. (4) “Mosquito abatement and vector control district” has the same meaning as set forth in subdivision (f) of Section 2002 of the Health and Safety Code. (b) (1) A mosquito abatement and vector control district whose district boundaries include one or more wildlife management areas or a mosquito abatement and vector control district in which vectors and vectorborne diseases from a wildlife management area may enter the district shall periodically, or at least semiannually, notify the department of those areas that are of concern due to the potential for high mosquito populations that may incur associated mosquito control costs. (2) (A) To reduce mosquito production at those wildlife management areas described in paragraph (1), the department shall consult with local mosquito abatement and vector control districts to identify those areas within wildlife management areas having the highest need for additional mosquito reduction through the implementation of best management practices. (B) If the wetland occupies land outside the jurisdictional boundaries of a mosquito abatement and vector control district, the department may consult with the State Department of Public Health to determine which best management practices can be implemented in the absence of an organized local mosquito control program. (c) This section does not affect existing authority of a mosquito abatement and vector control district under Section 2040 of the Health and Safety Code. (d) (1) A private landowner whose property includes managed wetland habitat located within the boundaries of a mosquito abatement and vector control district may initiate the opportunity to enter into a memorandum of understanding with the district if all of the following criteria are met: (A) The managed wetland habitat is encumbered by a state or federal conservation easement or similar state or federal voluntary habitat agreement or is protected in perpetuity by state or federal law. (B) The managed wetland habitat is within the boundaries of the Central Valley Joint Venture, as those boundaries are identified in the Central Valley Joint Venture Implementation Plan. (2) The goal of a memorandum of understanding entered into pursuant to paragraph (1) is to establish a process to implement best management practices for the purposes of decreasing mosquito production, providing net cost savings to the landowner, decreasing the application of pesticides, and maintaining or enhancing the waterfowl habitat values on the property. (3) Notwithstanding paragraph (2) of subdivision (a), the Central Valley Joint Venture, in consultation with mosquito abatement and vector control districts, the department, and the State Department of Public Health, may periodically modify the best management practices in order to best fulfill the purposes described in paragraph (2) of this subdivision. (4) A memorandum of understanding entered into pursuant to paragraph (1) shall not conflict with the provisions of any applicable conservation easement or other state or federal habitat agreement. The participating private landowner shall ensure that the memorandum of understanding is in compliance with the requirements of this paragraph. Compliance with the requirements of this paragraph is the sole responsibility of the private landowner and subject to enforcement pursuant to the terms contained in any applicable conservation easement or habitat agreement. (Amended by Stats. 2017, Ch. 446, Sec. 1. (AB 718) Effective January 1, 2018.)
15100.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. )
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The aquaculture coordinator in the department must carry out specified aquaculture program duties.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15100. There is within the department an aquaculture coordinator who shall perform all of the following duties as part of the department’s aquaculture program: (a) Promote understanding of aquaculture among public agencies and the general public. (b) Propose methods of reducing the negative impact of public regulation at all levels of government on the aquaculture industry. (c) Provide information on all aspects of regulatory compliance to the various sectors of the aquaculture industry. (d) Provide advice to the owner of a registered aquaculture facility on project siting and facility design, as necessary, to comply with regulatory requirements. (e) Coordinate with the Aquaculture Development Committee regarding the duties described in subdivisions (a) to (d), inclusive. (Amended by Stats. 2013, Ch. 76, Sec. 64. (AB 383) Effective January 1, 2014.)
15101.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. )
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Owners of aquaculture facilities must register specified information with the department each year by March 1. The department may provide forms and set a review process, must charge $549 for new registrations and $275 for renewals, and unregistered aquaculture operations are unlawful.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15101. (a) The owner of each aquaculture facility shall register all of the following information with the department by March 1 of each year: (1) The owner’s name. (2) The species grown. (3) The location or locations of each operation or operations. (b) The department may provide registration forms for this purpose, may establish a procedure for the review of the information provided to ensure that the operation will not be detrimental to native wildlife, and shall impose a registration fee of five hundred forty-nine dollars ($549) to recover the cost of reviewing new registrations. For renewing registrations, the department shall impose a registration fee of two hundred seventy-five dollars ($275). It is unlawful to conduct aquaculture operations or to culture approved species of aquatic plants and animals unless registered under this section. The registration fees specified in this section are applicable to the 2004 registration year and shall be adjusted annually thereafter pursuant to Section 713. (c) The annual registration of information required by subdivision (a) is not a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (d) This section shall become operative on January 1, 2025, at which time the registration fees specified in this section shall be adjusted pursuant to subdivision (b) as if this section had not been inoperative. (Amended (as amended by Stats. 2022, Ch. 307, Sec. 3) by Stats. 2023, Ch. 876, Sec. 20. (SB 500) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
15102.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. )
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The department may prohibit an aquaculture operation or species culturing at a location if it determines the activity would harm adjacent native wildlife.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15102. The department may prohibit an aquaculture operation or the culturing of any species at any location where it is determined it would be detrimental to adjacent native wildlife. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15103.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. )
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Some aquaculture facility owners must pay a $412 surcharge at registration, keep sales and production records, and provide them to the department on request.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15103. (a) In addition to the fees specified in Section 15101, a surcharge fee of four hundred twelve dollars ($412) shall be paid at the time of registration by the owner of an aquaculture facility if the gross annual sales of aquaculture products of the facility during the prior calendar year exceed twenty-five thousand dollars ($25,000). (b) Each owner of a registered aquaculture facility shall maintain sales and production records that shall be made available upon request of the department to assist the department in the administration of this chapter. (c) Any person who fails to pay the surcharge fee required in this section at the time of registration shall be assessed a delinquency penalty pursuant to Section 15104. (d) The surcharge imposed pursuant to this section shall be applicable to the 2004 registration year and shall be adjusted annually thereafter pursuant to Section 713. (e) This section shall become operative on January 1, 2025, at which time the surcharge fee specified in this section shall be adjusted pursuant to subdivision (d) as if this section had not been inoperative. (Amended (as amended by Stats. 2022, Ch. 307, Sec. 5) by Stats. 2023, Ch. 876, Sec. 22. (SB 500) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
15104.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. )
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Aquaculture businesses must pay registration or surcharge fees on time, or the fees become delinquent and a $50 penalty applies at registration.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15104. (a) If any person engages in the business of aquaculture, as regulated under this division, without having paid the registration fee or surcharge fee within one calendar month of the commencement of business, or, for renewal of registration, on or before April 1 of the registration year, the fees are delinquent. (b) A penalty shall be paid at the time of registration for any fees that are delinquent in the amount of fifty dollars ($50). (c) The penalty imposed pursuant to subdivision (b) shall be applicable to the 2005 registration year, and shall be adjusted thereafter pursuant to Section 713. (d) This section shall become operative on January 1, 2025, at which time the penalty specified in this section shall be adjusted pursuant to subdivision (c) as if this section had not been inoperative. (Amended (as amended by Stats. 2022, Ch. 307, Sec. 7) by Stats. 2023, Ch. 876, Sec. 24. (SB 500) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
15105.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. )
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The department must deposit aquaculture-related money into the Fish and Game Preservation Fund, spend it only for the aquaculture program, keep internal controls, report on the program every five years, and give accountings on request.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 2. Aquaculture Development Section [15100 - 15105] ( Chapter 2 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15105. (a) Notwithstanding Section 13001 or 13002, all moneys collected by the department pursuant to this division shall be deposited in the Fish and Game Preservation Fund and shall be expended solely on the department’s aquaculture program pursuant to this division. (b) Notwithstanding Section 13220, these moneys are available for appropriation by the Legislature in the annual Budget Act for purposes of this division. (c) The department shall maintain internal accountability necessary to ensure that all restrictions on the expenditure of these funds are met and shall provide an accounting of the aquaculture program account balance and expenditures upon request of the Aquaculture Development Committee, the commission, or the Joint Committee on Fisheries and Aquaculture. (d) Revenues pursuant to this chapter may be used only to pay the costs incurred in the administration and enforcement of the department’s aquaculture program. (e) (1) The department shall prepare and submit to the Legislature on or before February 1, 2022, and every five years thereafter, a report regarding the aquaculture program undertaken using revenues derived pursuant to that program, the benefits derived, and its recommendations for revising the aquaculture program requirement, if any. (2) As part of the report required by this subdivision, the department shall analyze the fees and taxes authorized by this division to ensure that the amount of the appropriate fee or tax is sufficient to fully fund the aquaculture program. The department may undertake this analysis more frequently than every five years. (f) A report to be submitted pursuant to subdivision (e) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2022, Ch. 307, Sec. 8. (SB 1392) Effective January 1, 2023.)
15200.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 3. Stocking Aquatic Organisms [15200 - 15202] ( Chapter 3 added by Stats. 1982, Ch. 1486, Sec. 25. )
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The commission may regulate placing aquatic plants and animals in state waters, and live fish moved between two registered aquaculturists registered for those species do not need a permit.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 3. Stocking Aquatic Organisms [15200 - 15202] ( Chapter 3 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15200. The commission may regulate the placing of aquatic plants and animals in waters of the state. Movement of live fish between two registered aquaculturists who are registered for those species does not require a permit. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15201.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 3. Stocking Aquatic Organisms [15200 - 15202] ( Chapter 3 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

A permit is required before placing fish on public or private land or water in a watershed above an established fish hatchery.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 3. Stocking Aquatic Organisms [15200 - 15202] ( Chapter 3 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15201. A permit is required to place fish on public or private land or water in any watershed above an established public or private fish hatchery. The department shall deny the permit if there is evidence that water quality and potential disease transfers will be adverse to the established hatchery. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15202.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 3. Stocking Aquatic Organisms [15200 - 15202] ( Chapter 3 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

The commission may prohibit certain aquatic plants or animals from being placed in designated state waters, but not native species or species stocked by the state where the prohibition is being considered.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 3. Stocking Aquatic Organisms [15200 - 15202] ( Chapter 3 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15202. The commission may prohibit the placement of specific species of aquatic plants or animals in designated waters of the state. The prohibition may not include species that are found to be native or that are stocked by the state in a location where prohibition is contemplated. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
1525.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. )
Verify source ↗

The department may accept certain donations and acquire, develop, and manage land and related water rights, but only with commission approval.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1525. For the purposes of propagating, feeding and protecting birds, mammals, and fish, and establishing wildlife management areas or public shooting grounds the department, with the approval of the commission, may do all of the following: (a) Accept, on behalf of the state, donations of birds, mammals, and fish, and of money given or appropriated. Those donations shall be used for the purposes for which they are accepted, and, as nearly as may be, for any purpose indicated by the donor. (b) Acquire, by purchase, lease, rental or otherwise, and occupy, develop, maintain, use and administer, land, or land and nonmarine water, or land and nonmarine water rights, suitable for state game farms, wildlife management areas, or public shooting grounds. (Amended by Stats. 2000, Ch. 385, Sec. 1. Effective January 1, 2001.)
1526.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. )
Verify source ↗

Property acquired for wildlife management areas or public shooting grounds must be taken in the name of the State and is always subject to commission rules and regulations.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1526. Any property acquired for wildlife management areas or public shooting grounds shall be acquired in the name of the State, and shall, at all times, be subject to such rules and regulations as may be prescribed from time to time by the commission for the occupation, use, operation, protection, and administration of such property as wildlife management areas or public shooting grounds. (Enacted by Stats. 1957, Ch. 456.)
1526.4.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. )
Verify source ↗

This section governs certain Lower Sherman Island leases: the department must extend qualifying leases on request, leaseholders must not transfer or change the lease for another party’s benefit, and the department can terminate a breached lease after notice.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1526.4. (a) The department, upon request of the leaseholder, shall extend any existing lease for a recreational homesite on Lower Sherman Island to the holder of any lease of lands under the control of the department, under the following conditions: (1) The existing lease is between the department and an individual person, partnership, or any affiliated group of two or more persons. (2) Subject to subdivision (e), the lease may be extended for the natural life of the person who is the leaseholder on January 1, 1991. With respect to any lease to an affiliated group or an association of persons, the lease shall expire upon the death of the last individual who is a leaseholder on January 1, 1991. (3) The lease, or any interest therein, may not be transferred, bequeathed, hypothecated, encumbered, sublet, assigned, sold, alienated, exchanged, or otherwise changed to the benefit of another party. The leaseholder shall annually certify to the department that he or she has not transferred, bequested, hypothecated, encumbered, sublet, assigned, sold, alienated, or exchanged the lease for consideration or by gift, or otherwise. (4) If a lease is violated or breached by the leaseholder at any time during the life of the leaseholder, the lease may be terminated by the department within 30 days of the receipt by the department of actual or constructive notice of the breach. (b) All leases entered into pursuant to this section shall include the following: (1) A requirement for public access to navigable waters adjacent to the lease properties. (2) A provision prohibiting the introduction and cultivation of exotic plant species and requiring existing exotic plant species to be removed according to a plan developed by the department. (3) A provision establishing the right of the department and county employees to inspect the property for the purposes of monitoring and enforcing the conditions of the lease. (4) A provision requiring the lessee, within 60 days after the lease is extended, and annually thereafter, to provide the department with proof that (A) the lessee will remove the buildings and all ancillary structures and facilities necessary to return the area to a natural condition, or (B) the lessee has made arrangements for the removal of the buildings and all ancillary structures and facilities necessary to return the area to a natural condition, upon termination of the lease. (c) The department shall develop a plan for the removal of nonnative plants from the island. The plan shall include, at a minimum, the following: (1) The type and location of nonnative plants. (2) The relative threat that these plants pose to the natural environment of the island. (3) A time schedule for the leaseholders to remove the nonnative plants within 200 yards of the leaseholders’ structures. (d) Proceeds from the leases of lands under the control of the department on Lower Sherman Island shall be deposited in the Fish and Game Preservation Fund and used for the purpose of enforcing and monitoring those lease terms and managing the Lower Sherman Island Wildlife area. (e) The department shall, on or before July 31, 1991, and annually thereafter, review all leases of land subject to subdivision (a) under the control of the department and, as soon as possible, charge the fair market rate on those leases of land. (Added by Stats. 1991, Ch. 323, Sec. 1. Effective August 5, 1991.)
1527.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. )
Verify source ↗

The department must take the steps needed to secure valid State title to land for wildlife management areas or public shooting grounds, and it cannot pay for the land until the Attorney General approves the title and title is vested in 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1527. The department shall do all things necessary to secure a valid title in the State to the property acquired for wildlife management areas or public shooting grounds but no payment shall be made therefor until the title is satisfactory to the Attorney General, and is vested in the State. The acquisition of the property by the State is not prohibited by reason of rights of way, easements, or reservations which, from their nature, in the opinion of the department, will in no manner interfere with the use of the property for the purpose for which it is acquired. (Enacted by Stats. 1957, Ch. 456.)
1528.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. )
Verify source ↗

Some state wildlife and recreational lands must be run on a nonprofit basis, with only minimal extra facilities for non-hunting/fishing recreation, and fees may be set and collected for use privileges.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1528. Lands, or lands and water, acquired for public shooting grounds, state marine (estuarine) recreational management areas, or wildlife management areas shall be operated on a nonprofit basis by the department. Multiple recreational use of wildlife management areas is desirable and that use shall be encouraged by the commission. Except for hunting and fishing purposes, only minimum facilities to permit other forms of multiple recreational use, such as camping, picnicking, boating, or swimming, shall be provided. Except as provided in Section 1765, and to defray the costs associated with multiple use, the commission may determine and fix the amount of, and the department shall collect, fees for any use privileges. However, tours by organized youth and school groups are exempt from the payment of those fees. Only persons holding valid hunting licenses may apply for or obtain shooting permits for public shooting grounds, state marine (estuarine) recreational management areas, or wildlife management areas. (Amended by Stats. 2000, Ch. 385, Sec. 2. Effective January 1, 2001.)
1529.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. )
Verify source ↗

Output from a state game farm must be distributed on public lands or in places the department decides will give it adequate protection and the best chance to thrive and multiply.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1529. The output of any state game farm shall be distributed on public lands or where the department determines that the output will receive adequate protection and be most likely to thrive and multiply. (Enacted by Stats. 1957, Ch. 456.)
1530.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. )
Verify source ↗

People may not enter wildlife management areas or public shooting grounds, or take birds, nests, eggs, or mammals there, unless they comply with commission regulations.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 1530. Except in accordance with the regulations of the commission, it is unlawful to enter upon any wildlife management areas or public shooting grounds established under the provisions of this article, or to take therein any bird or the nest or eggs thereof, or any mammal. The taking of birds and mammals on public shooting grounds shall be regulated by the commission by regulation as provided in this section. Prior to making any such regulation, the commission shall, at an open meeting of the commission, publicly announce the contents of the regulation it proposes to make and at the same time specify a subsequent open meeting to be held not less than 30 days thereafter at which it will take final action on the proposed regulation. (Enacted by Stats. 1957, Ch. 456.)
15300.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 4. Brood Stock Acquisition [15300 - 15301] ( Chapter 4 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

Aquatic plants or animals may be obtained for use as brood stock from listed sources.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 4. Brood Stock Acquisition [15300 - 15301] ( Chapter 4 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15300. Aquatic plants or animals may be legally obtained for use as brood stock from all of the following sources: (a) A holder of a commercial fishing license. (b) A registered aquaculturist. (c) The department. (d) Imported sources authorized by Chapter 7 (commencing with Section 15600). (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15301.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 4. Brood Stock Acquisition [15300 - 15301] ( Chapter 4 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

The department may sell certain wild aquatic plants or animals for aquaculture, and the commission sets the price. Registered aquaculturists may collect aquatic plants and animals only with the department’s written approval, and the department may charge processing-related fees.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 4. Brood Stock Acquisition [15300 - 15301] ( Chapter 4 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15301. (a) The department may sell wild aquatic plants or animals, except rare, endangered, or fully protected species, for aquaculture use at a price approximating the administrative cost to the department for the collection or sale of the plants or animals. The commission shall set this price. (b) Aquatic plants and animals may be collected by a registered aquaculturist only with the written approval of the department. The department may specify the time, place, and manner of collection and may collect a fee from the aquaculturist in an amount sufficient to cover the cost of processing the approval. (c) Notwithstanding subdivision (a), the fee for collecting sturgeon or striped bass broodstock shall be five hundred dollars ($500). (Amended by Stats. 1992, Ch. 701, Sec. 47. Effective September 15, 1992. Operative January 1, 1993, by Sec. 72 of Ch. 701.)
15400.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

The commission may lease state water bottoms or the water column for aquaculture, but marine finfish aquaculture in state ocean waters requires a commission lease and must meet listed operating standards.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15400. (a) Except as prohibited by Section 15007, the commission may lease state water bottoms or the water column to any person for aquaculture, including, but not limited to, marine finfish aquaculture. Upon appropriation of funds for that purpose, or if funds are otherwise available, the commission shall adopt regulations governing the terms of the leases, after consulting with affected stakeholders in a public process. No state leases shall be issued, unless the commission determines that the lease is in the public interest in a public hearing conducted in a fair and transparent manner, with notice and comment, in accordance with commission procedures. Leases issued, and regulations adopted, pursuant to this section shall not be construed to be fishery management plans. (b) A person shall not engage in marine finfish aquaculture in ocean waters within the jurisdiction of the state without a lease from the commission. Leases and regulations adopted by the commission for marine finfish aquaculture shall meet, but are not limited to, all of the following standards: (1) The lease site is considered appropriate for marine finfish aquaculture in the programmatic environmental impact report if prepared and approved by the commission pursuant to Section 15008. (2) A lease shall not unreasonably interfere with fishing or other uses or public trust values, unreasonably disrupt wildlife and marine habitats, or unreasonably harm the ability of the marine environment to support ecologically significant flora and fauna. A lease shall not have significant adverse cumulative impacts. (3) To reduce adverse effects on global ocean ecosystems, the use of fish meal and fish oil shall be minimized. Where feasible, alternatives to fish meal and fish oil, or fish meal and fish oil made from seafood harvesting byproducts, shall be utilized, taking into account factors that include, but need not be limited to, the nutritional needs of the fish being raised and the availability of alternative ingredients. (4) Lessees shall establish best management practices, approved by the commission, for each lease site. Approved best management practices shall include a regular monitoring, reporting, and site inspection program that requires at least annual monitoring of lease sites to ensure that the operations are in compliance with best management practices related to fish disease, escapement, and environmental stewardship, and that operations are meeting the requirements of this section. The commission may remove fish stocks, close facilities, or terminate the lease if it finds that the lessee is not in compliance with best management practices, that the lessee’s activities have damaged or are damaging the marine environment, or that the lessee is not in compliance with this section. The commission shall take immediate remedial action to avoid or eliminate significant damage, or the threat of significant damage, to the marine environment. (5) Before issuance of the lease, the lessee shall provide baseline benthic habitat and community assessments of the proposed lease site to the applicable regional water quality control board or the State Water Resources Control Board, and shall monitor the benthic habitat and community during the operation of the lease in a manner determined by the regional board or the State Water Resources Control Board. The regional board and the State Water Resources Control Board may establish and impose reasonable permit fees to pay for the costs of administering and conducting the assessment and monitoring program. (6) Finfish numbers and density shall be limited to what can be safely raised while protecting the marine environment, as specified by the terms of the lease, subject to review and amendment by the commission. (7) The use of all drugs, chemicals, and antibiotics, and amounts used and applied, shall be minimized. All drugs, therapeutic substances, and antibiotics shall be used and applied only as approved by the United States Food and Drug Administration for marine finfish aquaculture. The lessee shall report that use and application to the commission on a regular schedule, as determined by the commission, but no less than annually, that shall be included in the terms of the lease. The commission shall review those reports on a regular basis and at least annually. (8) The commission shall require all farmed fish to be marked, tagged, or otherwise identified as belonging to the lessee in a manner determined appropriate by the commission, unless the commission determines that identifying farmed fish is unnecessary for protecting wild fish stocks, the marine environment, or other ocean uses. (9) All facilities and operations shall be designed to prevent the escape of farmed fish into the marine environment and to withstand severe weather conditions and marine accidents. The lessee shall maintain records on all escapes in a manner determined by the commission. In the event of more than de minimis escapement, the number of escaped fish and the circumstances surrounding the incident shall be reported immediately to the commission, and the lessee shall be responsible for damages to the marine environment caused by those escaped fish, as determined by the commission. (10) The lessee shall, at a minimum, meet all applicable requirements imposed by the State Water Resources Control Board and the regional water quality control boards, and shall prevent discharges to the maximum extent possible. Monitoring and testing of water quality shall be required on a regular basis as deemed appropriate by the State Water Resources Control Board or the regional water quality control boards. All inspection and monitoring reports and other records, and all data on the discharge of chemical and biological pollutants shall be kept on file and available for public review. (c) If a restoration or enhancement plan is submitted to, and approved by, the commission, and that plan, among other things, provides for monitoring and protecting the benthic habitat, the prevention of pollution, and the prevention of adverse impacts on wild fish stocks from disease, parasites, and genetic alterations, subdivision (b) shall not apply to any of the following: (1) Artificial propagation, rearing, and stocking projects for the purpose of recovery, restoration, or enhancement of native fish stocks carried out under either of the following: (A) A scientific collecting or research permit issued by the department. (B) The California Ocean Resources Enhancement and Hatchery Program, as set forth in Article 8 (commencing with Section 6590) of Chapter 5 of Part 1 of Division 6, for the enhancement of white sea bass. (2) Nonprofit hatcheries and nonprofit artificial propagation projects operated by, or on behalf of, licensed commercial or sport fishermen and fisherwomen for the purpose of recovery, restoration, or enhancement of California’s native marine fish populations, pursuant to Chapter 8 (commencing with Section 6900) of Part 1 of Division 6. (d) Nothing in this section shall be construed to limit or expand the application of any other state law or regulation pertaining to marine finfish aquaculture conducted within the ocean waters under the jurisdiction of this state. (Amended by Stats. 2006, Ch. 36, Sec. 4. Effective January 1, 2007.)
15401.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

Areas used by the public for digging clams may not be leased, and the department must designate those areas.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15401. Areas used by the public for digging clams shall not be leased. The department shall designate those areas. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15402.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

A lessee of a state water bottom owns certain lawfully cultivated organisms and has the exclusive right to cultivate and harvest aquatic organisms in the leased area.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15402. A lessee of a state water bottom owns all lawfully cultivated organisms that are described in the application for the lease and produced in the area leased. The lessee has the exclusive right to cultivate and harvest the aquatic organisms in the area leased. (Amended by Stats. 1983, Ch. 131, Sec. 21. Effective June 27, 1983.)
15403.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

Anyone seeking to lease a state water bottom must file a written application with the commission, include specified information, and pay a nonrefundable $500 filing fee.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15403. Persons wishing to lease a state water bottom shall make a written application to the commission. An application shall contain all of the following information: (a) A map showing the area to be leased, its general vicinity, and all ownership and boundary lines in the vicinity. (b) A description of the organisms to be grown and the culture techniques to be used. (c) An estimate of the acreage to be leased. (d) A nonrefundable filing fee of five hundred dollars ($500). The lessee shall assume responsibility for any infringement on privately owned water bottoms, or water bottoms owned by, or under the jurisdiction of any city, county, or district. (Amended by Stats. 1990, Ch. 1706, Sec. 18.)
15404.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

If the commission finds the area is available for lease and the lease is in the public interest, it must publish notice that the area is being considered for leasing and arrange newspaper publication of the legal notice.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15404. (a) If the commission finds that the area applied for is available for lease and that the lease would be in the public interest, it shall publish a notice that the area is being considered for leasing. (b) The commission shall have legal notices published in a newspaper of general circulation in each county where the water bottom, or any part thereof, is located, describing the area to be leased and the type of operation to be conducted. The publication shall comply with Sections 6060 and 6066 of the Government Code. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15405.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

A state water bottom lease’s initial term cannot exceed 25 years, except that a lease for marine finfish aquaculture cannot exceed 10 years.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15405. (a) Except as specified in subdivision (b), no initial term of a state water bottom lease shall exceed 25 years. (b) The initial term of a state water bottom lease for marine finfish aquaculture shall not exceed 10 years. (Amended by Stats. 2006, Ch. 36, Sec. 5. Effective January 1, 2007.)
15406.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

State water bottom leases must include a pre-expiration renewal request period, and qualified lessees can have a prior right to renew. If renewal terms are not agreed or renewal is not requested, the commission must advertise for bids and may consider only registered aquaculturists.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15406. (a) Each state water bottom lease shall specify a period prior to expiration when renewal of the lease may be requested by the lessee. If during this period the lessee is still actively engaged in aquaculture, as determined by the commission, the lessee shall have a prior right to renew the lease on terms agreed upon between the commission and the lessee. If terms are not agreed upon, the commission shall advertise for bids on the lease. If a request for renewal is not made by the lessee, the commission shall advertise for bids on the lease. The commission shall consider bids only from aquaculturists registered pursuant to Section 15101. (b) Notwithstanding subdivision (a), with respect to any lease of state water bottoms in effect on January 1, 1983, the lessee shall have a prior right to renew the lease. If the lessee does not renew the lease, the commission shall advertise for bids on the lease. The commission shall consider bids only from aquaculturists registered pursuant to Section 15101. (c) Except as specified in subdivision (d), a lease may be renewed for additional periods not to exceed 25 years each. (d) A lease for marine finfish aquaculture may be renewed for additional periods not to exceed five years each. (Amended by Stats. 2006, Ch. 36, Sec. 6. Effective January 1, 2007.)
15406.5.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

The commission must award water bottom leases to the highest responsible bidder when the bid meets the required minimum rent, with special rent rules for small acreage and oyster leases. It may also reject bids if doing so is in the public interest.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15406.5. (a) Except as specified in subdivision (b), the commission shall award water bottom leases to the highest responsible bidder, if the bid meets or exceeds the minimum annual rent established by the commission, which shall not be less than two dollars ($2) per acre, for all species cultivated, unless the acreage applied for is 10 acres or less, in which case the minimum acceptable rent shall be ten dollars ($10) per acre. The annual rent for any lease in effect on January 1, 1983, for the cultivation of oysters shall be one dollar ($1) per acre until the expiration thereof. The commission may reject any or all bids for the lease of state water bottoms if it deems the rejection to be in the public interest. (b) Fees for marine finfish aquaculture leases shall, at a minimum, be sufficient to pay for the costs of administering the marine finfish leasing program, and for monitoring and enforcing the terms of the leases. (Amended by Stats. 2006, Ch. 36, Sec. 7. Effective January 1, 2007.)
15406.7.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

People operating under an oyster lease must pay a privilege tax of $0.04 per packed gallon, or part of a gallon, of shucked oysters harvested.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15406.7. (a) In addition to the rent provided in Section 15406.5, every person operating under an oyster lease shall pay a privilege tax of four cents ($0.04) per packed gallon, or fraction thereof, of shucked oysters harvested by the lessee. (b) If the oysters are marketed in the shell, the tax shall be based on the equivalent yield of shucked oyster meat. In determining the yield of oysters, it shall be deemed that 100 oysters are equivalent to one packed gallon of shucked oyster meat. (c) The tax imposed by this section is the exclusive privilege tax that shall be imposed on lessees of state water bottoms for oyster cultivation, notwithstanding subdivision (a) of Section 15003. (Amended by Stats. 1992, Ch. 701, Sec. 48. Effective September 15, 1992. Operative January 1, 1993, by Sec. 72 of Ch. 701.)
15407.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

Annual rent must be paid to the department within 30 days after the lease starts and after each anniversary date. The commission may set late-payment penalty fees and may cancel the lease if rent stays unpaid for 90 days.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15407. The annual rent shall be paid to the department within 30 days of the commencement of the lease and within 30 days of the anniversary thereof. The commission may establish penalty fees for late payment and may cancel the lease if rent is not paid within 90 days of the commencement of the lease or within 90 days of any anniversary thereof. (Amended by Stats. 1983, Ch. 131, Sec. 27. Effective June 27, 1983.)
15408.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

The commission must make regulations about ending leases when rent is not paid or the leasehold is used improperly.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15408. The commission shall promulgate regulations governing the termination of leases due to failure to pay rent or improper use of the leasehold. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15409.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

When a lease ends, the lessee must remove all structures and restore the site; if the lessee does not, the state may remove them and charge the lessee. The commission can require financial assurances from marine finfish aquaculture lessees, and those lessees are responsible for damages caused by their operations.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15409. (a) Upon termination of a lease, for any reason, all structures shall be removed at the lessee’s expense from the leasehold, and the area shall be restored to its original condition. If the lessee fails to remove the structures, the state may remove them and the lessee shall pay the removal costs incurred. (b) The commission shall require financial assurances of each marine finfish aquaculture lessee to ensure that restoration is performed to the satisfaction of the commission. Financial assurances may take the form of surety bonds executed by an admitted surety insurer, irrevocable letters of credit, trust funds, or other forms of financial assurances specified by the commission, as it determines are available and adequate to ensure the lease site is restored pursuant to this section. (c) Marine finfish aquaculture lessees shall be responsible for any damages caused by their operations, as determined by the commission, including, but not limited to, reimbursement for any costs for natural resource damage assessment. (d) Nothing in this section limits the state in pursuing additional remedies authorized by law. (Amended by Stats. 2006, Ch. 36, Sec. 8. Effective January 1, 2007.)
15410.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

Leases are subject to the Legislature’s power to raise or lower lease-related rents, fees, taxes, and other charges, but a rent increase cannot apply to an existing lease until it is renewed.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15410. All leases shall be subject to the power of the Legislature to increase or decrease the rents, fees, taxes, and other charges relating to the lease, but no increase in rent shall be applicable to an existing lease until it is renewed. (Amended by Stats. 1983, Ch. 131, Sec. 28. Effective June 27, 1983.)
15411.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

Lessees under a state water bottom lease must not unreasonably block public access to state waters for fishing, navigation, commerce, or recreation. They may limit access when needed to protect the leasehold and aquatic life culture, and the commission may prohibit recreational activity in aquaculture areas if it finds the activity harms resource enhancement.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15411. Lessees under a state water bottom lease may not unreasonably impede public access to state waters for purpose of fishing, navigation, commerce, or recreation. The lessee may, however, limit public access to the extent necessary to avoid damage to the leasehold and the aquatic life culture therein. The commission may prohibit any recreational activity in any aquaculture area subject to a state water bottom lease if it determines that the activity is detrimental to the enhancement of the resource. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15412.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

A water bottom lease cannot be assigned unless the commission approves it first.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15412. No water bottom lease may be assigned without the prior approval of the commission. Application for approval of a lease assignment shall comply with all of the requirements for an original lease. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15413.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

No person may enter a leased aquatic-life area, remove aquatic life, or willfully destroy the aquatic life or boundary markers there.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15413. No person may enter upon any area subject to a water bottom lease in which aquatic life is cultivated, or remove the aquatic life therefrom without the consent of the lessee, or willfully destroy the cultivated aquatic life or any markers intended to designate the boundaries and limits of the leased area. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15414.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

A water bottom lease may require periodic reports if the commission deems them necessary.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15414. A water bottom lease may require periodic reports that the commission deems necessary for the proper administration of the state’s water bottoms. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15415.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

The department must notify the State Lands Commission about water bottom lease applications and keep it informed about leases executed, renewed, or assigned under this chapter.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 5. Leasing of State Water Bottoms [15400 - 15415] ( Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15415. The department shall notify the State Lands Commission of all applications for water bottom leases. The department shall inform the State Lands Commission of all leases executed, renewed, or assigned pursuant to this chapter, and shall furnish the State Lands Commission with such information concerning these leases that it may require. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15500.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

The commission must compile a list of diseases and parasites and the aquatic plants and animals they infect or parasitize. The department is responsible for government aquaculture disease activities that do not affect human health and safety.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15500. Upon the recommendation of the department and after consultation with the Aquaculture Disease Committee created pursuant to this chapter, the commission shall compile a list of diseases and parasites and the aquatic plants and animals they are known to infect or parasitize. All government activities relating to aquaculture disease detection, control, and eradication that do not affect human health and safety are the responsibility of the department. (Amended by Stats. 1983, Ch. 1300, Sec. 21.)
15501.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

The department may enter certain places holding aquatic plants or animals, if it has an inspection warrant, to inspect them for infection, disease, or parasites.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15501. The department may enter, under an inspection warrant issued pursuant to Title 5 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, at any time, any car, warehouse, depot, ship, or growing area where any aquatic plants or animals are held or stored, for the purpose of making an examination to ascertain whether the aquatic plants or animals are infected, diseased, or parasitized. (Amended by Stats. 1983, Ch. 1300, Sec. 22.)
15502.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

The director must appoint an 11-member Aquaculture Disease Committee, after consulting two advisory bodies. Committee members serve without compensation, but they are to be paid necessary expenses.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15502. The director, in consultation with the Aquaculture Industry Advisory Committee and the Interagency Committee for Aquaculture Development, shall appoint an 11-member Aquaculture Disease Committee consisting of at least six industry producers selected to represent geographic, specie, and other diverse aspects of the industry; two to represent the department; one to represent the Department of Food and Agriculture; an academic scientist who is an expert in aquatic diseases; and one representative of the University of California Cooperative Extension. Members of the committee shall serve without compensation, but shall be paid their necessary expenses. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15503.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

The Aquaculture Disease Committee may recommend regulations to the commission to help safeguard wild and cultured organisms from harmful organisms listed under Section 15500.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15503. The Aquaculture Disease Committee may recommend regulations to the commission designed to safeguard wild and cultured organisms from the list of harmful organisms compiled pursuant to Section 15500. (Amended by Stats. 1983, Ch. 1300, Sec. 23.)
15504.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

The commission may include specified disease-control procedures in regulations adopted under Section 15503.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15504. Regulations recommended under Section 15503 and adopted by the commission may include all of the following: (a) Routine monitoring procedures. (b) Standardized diagnostic procedures. (c) A requirement for the confirmation of the diagnosis by the state through at least one other independent and qualified laboratory. (d) Criteria for ordering quarantine, condemnation, or destruction. (e) A stated maximum time period between diagnosis and destruction. (f) Methods to be employed in animal destruction and facility cleanup. (g) Procedures for determining fair and rapid compensation. (h) Any other related procedures that the commission may determine are necessary. (Amended by Stats. 1983, Ch. 1300, Sec. 24.)
15505.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

If listed diseases or parasites are found and deemed harmful, the director may quarantine the area and take control measures for affected aquatic plants and animals.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15505. If any of the diseases or parasites listed pursuant to Section 15500 is found to exist which the director, in consultation with the Aquaculture Disease Committee and consistent with the regulations adopted under Section 15504, deems to be detrimental to the aquaculture industry or to wild stocks of aquatic plants and animals, the director may do any of the following: (a) Establish the area to be quarantined and list the aquatic plants and animals affected by it. (b) Post notices describing, as nearly as possible, the boundaries of an area within which specific disease or parasite infestations are found. Notices posted pursuant to this subdivision shall be published once a week for four successive weeks in a newspaper of general circulation in the county in which the infected area is located. If there is no newspaper of general circulation in that county, then the notice shall be published in a newspaper of general circulation published in an adjoining county. (c) Hold and impound diseased or parasitized plants and animals. (d) Forbid, prevent, or restrict the movement of all plants and animals subject to the disease or parasite from or into the area, or from place to place within it, during the existence of the quarantine. (e) Order the destruction and disposal of diseased or parasitized plants and animals consistent with Section 15504. (Amended by Stats. 1983, Ch. 1300, Sec. 25.)
15506.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

Infected plants or animals generally may not be quarantined or destroyed, except for diseases on the Section 15500 list or when the director, consulting the Aquaculture Disease Committee, finds a threatening aquatic disease outbreak.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15506. Except for those diseases in the list compiled pursuant to Section 15500, infected plants or animals shall not be quarantined or destroyed, unless the director, in consultation with the Aquaculture Disease Committee, finds that an outbreak of aquatic disease among privately cultured plants or animals presents a threat to the aquaculture industry or to fish life or plant life. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15507.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

If the director, after consulting the Aquaculture Disease Committee, finds disease in a nearby government facility or nearby wild stocks, infected plants or animals in a private aquaculture facility cannot be quarantined or destroyed unless the same action is taken for the government facility and wild stocks.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15507. If the director, in consultation with the Aquaculture Disease Committee, finds that a disease is present in a nearby government operated facility or in nearby wild stocks, infected plants or animals in a private aquaculture facility shall not be quarantined or destroyed unless similar action is taken with respect to the government facility and wild stocks. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15508.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

Reports of diseases and parasites compiled under Section 15500 must be forwarded immediately by the director to the Aquaculture Disease Committee and promptly investigated by the department.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15508. Reports of those diseases and parasites compiled pursuant to Section 15500 shall be immediately forwarded by the director to the Aquaculture Disease Committee and shall be promptly investigated by the department. (Amended by Stats. 1983, Ch. 1300, Sec. 26.)
15509.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

People may not move quarantined aquatic plants or animals across the quarantine line unless they first get a permit from the director.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15509. No person may move, or allow to be moved, any of the aquatic plants or animals which are subject to a quarantine established pursuant to Section 15505 across the quarantine line which is established, unless the person has first obtained a permit from the director authorizing the movement. The director may issue a permit after inspection, if the aquatic plants or animals, premises, transportation vehicles, and equipment which are subject to the quarantine established pursuant to Section 15505 are properly cleaned and disinfected. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15510.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

If specified disease conditions exist or exposure risk is found, the director must notify the commission, and the commission may issue a regulation restricting or prohibiting imports of diseased or infected aquatic plants or animals into the state after consulting two health agencies.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15510. If the director determines that any disease designated pursuant to Section 15500 exists among domestic aquatic plants and animals, or that aquatic plants and animals have been exposed, or may have been exposed, to the disease, or to the vectors of the disease, in any other state or territory in the United States or in any foreign country, and the importation of aquatic plants or animals from the state, territory, or foreign country may transmit, carry, or disseminate the disease to domestic plants and animals within this state, the director shall notify the commission which may, after consulting the State Department of Health Services and the Department of Food and Agriculture, issue a regulation restricting or prohibiting the importation of the diseased or infected aquatic plants or animals into this state from any other state, territory, or foreign country. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15512.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

If aquatic plants or animals are destroyed under Section 15505(e) and a claim is filed, the owner is paid 75% of replacement value, minus any department-provided replacement stock value.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15512. (a) If aquatic plants or animals are destroyed pursuant to subdivision (e) of Section 15505, and a claim is submitted pursuant to Section 15513, the owner shall be promptly paid from the General Fund an amount equal to 75 percent of the replacement value of the plants or animals, less the value determined by the department of any replacement stock provided by the department under subdivision (b). If the replacement value is not settled between the owner and the department, the replacement value shall be determined by an appraiser appointed by the director and an appraiser appointed by the owner. Appraiser’s fees shall be paid by the appointing party. Disputes between these two appraisers shall be submitted to arbitration under the Commercial Arbitration Rules of the American Arbitration Association. (b) If the department provides replacement stock to an aquaculturist whose plants or animals are destroyed pursuant to subdivision (e) of Section 15505, the amount to be paid to the aquaculturist pursuant to this section shall be reduced by the value of the replacement stock, as determined by the department. (c) The result of the arbitration or the amount settled between the owner and the department, reduced by the value determined by the department of any replacement stock provided under subdivision (b), may be submitted as a claim by the owner to the Department of General Services pursuant to Section 15513. (Amended by Stats. 2023, Ch. 132, Sec. 224. (AB 1760) Effective January 1, 2024.)
15513.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

Claims against the department under this chapter may be submitted under Government Code Section 905.2.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15513. Claims against the department arising under this chapter may be submitted pursuant to Section 905.2 of the Government Code. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15514.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

Claims under this chapter cannot be paid if the director, after consulting the Aquaculture Disease Committee, finds negligence or unlawful conduct causing the disease, or a willful violation of Section 15505.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15514. No claim arising under this chapter shall be paid where the director, in consultation with the Aquaculture Disease Committee, finds that the claimant’s management practices were negligent or in violation of law, and that the negligence or violation was the proximate cause of the disease or infection prompting the order of destruction or finds the claimant willfully violated any provision of Section 15505. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
15516.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

An owner of an aquaculture product must pay the director the full costs of disease eradication efforts if the owner does not diligently pursue eradication at the director’s order.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 6. Disease Control [15500 - 15516] ( Chapter 6 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15516. The owner of an aquaculture product who does not diligently pursue the eradication of a disease from its facility when ordered to do so by the director shall be responsible for paying to the director the full costs of the department for all disease eradication efforts conducted by the department to eradicate the disease. Payment of the costs under this section shall not excuse compliance with the provisions of law, regulations of the commission, and orders of the director, nor be a defense in any criminal or civil proceedings. (Added by Stats. 1984, Ch. 1337, Sec. 3.)
15600.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 7. Importation of Aquatic Plants and Animals [15600 - 15605] ( Chapter 7 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

Registered aquaculturists cannot import live aquatic plants or animals into the state without prior written department approval. The department also cannot approve or renew permits for certain anadromous fish or roe into the Smith River watershed unless the person had approval before February 22, 1988, but it may issue or renew permits for specified research purposes.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 7. Importation of Aquatic Plants and Animals [15600 - 15605] ( Chapter 7 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15600. (a) No live aquatic plant or animal may be imported into this state by a registered aquaculturist without the prior written approval of the department pursuant to the regulations adopted by the commission. (b) The department shall not approve the importation of, or renew a permit to import, any anadromous fish or roe thereof listed in Section 2118 or the regulations adopted under Section 2118 into the Smith River watershed by a person unless that person had a permit or authorization approved before February 22, 1988. However, the department may issue or renew a permit for the importation of any anadromous fish or roe thereof specifically for research purposes conducted at any university, college, governmental research agency, or other bona fide scientific institution, as determined by the department, engaging in scientific or public health research. (Amended by Stats. 1988, Ch. 1467, Sec. 2. Effective September 28, 1988.)
15601.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 7. Importation of Aquatic Plants and Animals [15600 - 15605] ( Chapter 7 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

A compliant written application to import a live aquatic plant or animal is automatically approved if the commission does not deny it within 60 days.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 7. Importation of Aquatic Plants and Animals [15600 - 15605] ( Chapter 7 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15601. A written application for the importation of a live aquatic plant or animal that is submitted in conformance with the procedural requirements established by the commission is deemed to be approved if it has not been denied within 60 days. (Amended by Stats. 2023, Ch. 132, Sec. 225. (AB 1760) Effective January 1, 2024.)
15604.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 7. Importation of Aquatic Plants and Animals [15600 - 15605] ( Chapter 7 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

A facility in the Smith River watershed built to spawn, incubate, or raise certain anadromous fish is not exempt from the California Environmental Quality Act.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 7. Importation of Aquatic Plants and Animals [15600 - 15605] ( Chapter 7 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15604. No facility constructed for the purpose of spawning, incubating, or raising of anadromous fish listed in Section 2118 in the Smith River watershed is exempt from any provision of the California Environmental Quality Act. (Added by Stats. 1988, Ch. 1467, Sec. 5. Effective September 28, 1988.)
15605.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 7. Importation of Aquatic Plants and Animals [15600 - 15605] ( Chapter 7 added by Stats. 1982, Ch. 1486, Sec. 25. )
Verify source ↗

This section exempts certain Atlantic salmon and roe importation or possession from the chapter’s restrictions if specified conditions are met.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 7. Importation of Aquatic Plants and Animals [15600 - 15605] ( Chapter 7 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## 15605. (a) Nothing in this chapter prohibits the importation of Atlantic Salmon or the roe thereof, or the continued possession of Atlantic salmon or the roe therefrom which were lawfully imported or possessed on or before February 22, 1988, in the Smith River watershed under a written approval of the department issued pursuant to Section 15600. (b) Nothing in this chapter applies to the importation or possession of dead Atlantic salmon or nonviable roe therefrom imported for human consumption if the importer has the appropriate licenses issued by the department. (Added by Stats. 1988, Ch. 1467, Sec. 6. Effective September 28, 1988.)
1570.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program [1570 - 1574] ( Article 3 repealed and added by Stats. 2003, Ch. 758, Sec. 2. )
Verify source ↗

The Legislature states that the SHARE program is meant to encourage private landowners to let the public use their land for wildlife-dependent recreation and to use SHARE funds for wildlife conservation on the property.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program [1570 - 1574] ( Article 3 repealed and added by Stats. 2003, Ch. 758, Sec. 2. ) ## 1570. In establishing the Shared Habitat Alliance for Recreational Enhancement (“SHARE”) program, it is the intent of the Legislature to encourage private landowners to voluntarily make their land available to the public for wildlife-dependent recreational activities. The Legislature further encourages private landowners to use any funds received from the SHARE program for wildlife conservation purposes on their property. The SHARE program shall be a collaborative effort by all participants to facilitate wildlife-dependent recreational activities on private land at minimal expense to the state. The Legislature declares that interested nongovernmental organizations are the key to developing, planning, and implementing the SHARE program. (Amended by Stats. 2004, Ch. 183, Sec. 110. Effective January 1, 2005.)
15700.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 8. Aquaculture Development Committee [15700 - 15703] ( Heading of Chapter 8 amended by Stats. 1995, Ch. 810, Sec. 6. )
Verify source ↗

The director must appoint an Aquaculture Development Committee, and one committee member appointed by the Joint Legislative Committee on Fisheries and Aquaculture must meet with and advise the committee subject to constitutional and incompatibility limits.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 8. Aquaculture Development Committee [15700 - 15703] ( Heading of Chapter 8 amended by Stats. 1995, Ch. 810, Sec. 6. ) ## 15700. The director shall appoint an Aquaculture Development Committee consisting of the following persons: (a) At least 12 members representing all sectors of the fresh and salt water aquaculture industry. (b) One member representing the department, two members from and chosen by the University of California, one with expertise in aquaculture science and one with expertise in outreach to the fisheries community, and one member each from and chosen by the Department of Food and Agriculture, the California Coastal Commission, the State Lands Commission, the State Water Resources Control Board, the State Department of Public Health, and the Joint Legislative Committee on Fisheries and Aquaculture. The member of the committee appointed by the Joint Legislative Committee on Fisheries and Aquaculture shall meet and, except as otherwise provided by the California Constitution, advise the committee to the extent that this advisory participation is not incompatible with their position as a Member of the Legislature. (Amended by Stats. 2023, Ch. 132, Sec. 226. (AB 1760) Effective January 1, 2024.)
15701.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 8. Aquaculture Development Committee [15700 - 15703] ( Heading of Chapter 8 amended by Stats. 1995, Ch. 810, Sec. 6. )
Verify source ↗

Committee members normally serve without pay; most members serve three-year terms, while public-agency representatives serve at the pleasure of their agency.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 8. Aquaculture Development Committee [15700 - 15703] ( Heading of Chapter 8 amended by Stats. 1995, Ch. 810, Sec. 6. ) ## 15701. (a) The term of membership for members other than representatives of public agencies shall be three years. The representatives of public agencies shall serve at the pleasure of the agency that the member represents. (b) Members of the committee shall serve without compensation. (Amended by Stats. 1995, Ch. 810, Sec. 8. Effective January 1, 1996.)
15702.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 8. Aquaculture Development Committee [15700 - 15703] ( Heading of Chapter 8 amended by Stats. 1995, Ch. 810, Sec. 6. )
Verify source ↗

The committee must advise the director on aquaculture matters, coordinate with public entities, and help develop the state aquaculture plan and related priorities.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 8. Aquaculture Development Committee [15700 - 15703] ( Heading of Chapter 8 amended by Stats. 1995, Ch. 810, Sec. 6. ) ## 15702. (a) The committee shall be advisory to the director on all matters pertaining to aquaculture and shall coordinate activities among public entities. (b) The committee shall assist the director in developing and implementing a state aquaculture plan, identify the opportunities for regulatory relief, assist in development of research and development priorities, assist in the development of criteria to assure that publicly financed pilot programs are compatible with industry needs, and identify other opportunities for industrial development. (Amended by Stats. 2004, Ch. 172, Sec. 3. Effective January 1, 2005.)
15703.
## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 8. Aquaculture Development Committee [15700 - 15703] ( Heading of Chapter 8 amended by Stats. 1995, Ch. 810, Sec. 6. )
Verify source ↗

The committee must meet when called by the director, and it must meet at least twice each year.

## Fish and Game Code - FGC ## DIVISION 12. AQUACULTURE [15000 - 15703] ( Division 12 added by Stats. 1982, Ch. 1486, Sec. 25. ) ## CHAPTER 8. Aquaculture Development Committee [15700 - 15703] ( Heading of Chapter 8 amended by Stats. 1995, Ch. 810, Sec. 6. ) ## 15703. The committee shall meet on the call of the director, but not less than twice each year. (Added by Stats. 1982, Ch. 1486, Sec. 25.)
1571.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program [1570 - 1574] ( Article 3 repealed and added by Stats. 2003, Ch. 758, Sec. 2. )
Verify source ↗

This section defines several terms used in the article, including agreement, partnership, private landowner, program, and wildlife-dependent recreational 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program [1570 - 1574] ( Article 3 repealed and added by Stats. 2003, Ch. 758, Sec. 2. ) ## 1571. For purposes of this article, the following definitions apply: (a) “Agreement” includes, but is not limited to, a contract, license, easement, memorandum of understanding, or lease. (b) “Partnership” means a collaborative effort involving financial or in-kind contributions by nongovernmental organizations, the department, and other interested parties working in concert to achieve the goals of the program. (c) “Private landowner” means an owner of any possessory interest in real property that is suitable for use for wildlife-dependent recreational activities. (d) “Program” means the SHARE program established under this article. (e) “Wildlife-dependent recreational activities” means hunting, fishing, wildlife observation, conservation education, and related outdoor activities through means that are consistent with applicable law. (Amended by Stats. 2009, Ch. 394, Sec. 1. (AB 1423) Effective January 1, 2010.)
1572.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program [1570 - 1574] ( Article 3 repealed and added by Stats. 2003, Ch. 758, Sec. 2. )
Verify source ↗

The department must run the SHARE program, adopt regulations for it, report annually, keep program data, and control how program funds are used.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program [1570 - 1574] ( Article 3 repealed and added by Stats. 2003, Ch. 758, Sec. 2. ) ## 1572. (a) There is hereby established the Shared Habitat Alliance for Recreational Enhancement (SHARE) program. The department, in partnership with nonprofit conservation groups and other interested nongovernmental organizations that seek to increase and enhance wildlife-dependent recreational opportunities, shall work cooperatively to implement the program in order to facilitate public access to private lands in a voluntary and incentive-based manner. (b) The department shall adopt regulations for the management and control of wildlife-dependent recreational activities on land that is subject to the program. The department shall report to the commission annually on the status of the program and maintain data on the types of wildlife-dependent recreational activities preferred by landowners and participants in the program. (c) (1) The SHARE Account is hereby established in the Fish and Game Preservation Fund. Money deposited in the account from the sources cited in this subdivision shall only be used for the purposes set forth in this article. (2) Consistent with existing law, the department may establish and impose user fees, use existing hunting and fishing license stamp or tag fees from the Fish and Game Preservation Fund, or apply for grants, federal funds, or other contributions from other sources to fund the program. General Fund moneys shall not be used for the program. (3) All funding generated pursuant to paragraph (2) from grants, federal funds, or other sources, where the person or entity providing the funds specifically designates in writing prior to the time of transmittal of the funds to the department that the funds are intended solely for the purposes of the program, and any user fees assessed by the department specifically for the program, shall be deposited in the SHARE Account in the Fish and Game Preservation Fund. The moneys in the account, upon appropriation by the Legislature, shall be available for expenditure by the department solely for programs and projects to benefit the program and for the direct costs and administrative overhead incurred solely in carrying out the department’s program activities. Funds may also be used for wildlife conservation purposes on lands subject to an agreement under the program. Administrative overhead shall be limited to the reasonable costs associated with the direct administration of the program. The department shall maintain internal accountability necessary to ensure that all restrictions on the expenditure of these funds are met. (d) The department may make grants to, or enter into agreements with, nonprofit organizations, governmental entities, or any other entities for the use of the funds described in subdivision (c) when the department finds that the agreements are necessary for carrying out the purposes of this article. (e) The program is not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (f) The department may reimburse a nonprofit organization, a private landowner, or other entity for its costs related to the implementation of the program. (Amended by Stats. 2009, Ch. 394, Sec. 2. (AB 1423) Effective January 1, 2010.)
1573.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program [1570 - 1574] ( Article 3 repealed and added by Stats. 2003, Ch. 758, Sec. 2. )
Verify source ↗

The department may make voluntary access agreements for wildlife-dependent recreation, but must keep participant information confidential, require waivers before use, and cannot authorize certain exclusions, wildlife take, or license transfers.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program [1570 - 1574] ( Article 3 repealed and added by Stats. 2003, Ch. 758, Sec. 2. ) ## 1573. (a) (1) The department may enter into a voluntary agreement with a private landowner, including an agreement under which the private landowner is compensated by the department for public use of the land, to provide public access for wildlife-dependent recreational activities. Any financial compensation offered to a private landowner pursuant to this paragraph shall not exceed thirty dollars ($30) per acre, or fifty dollars ($50) per public participant per day, and shall be commensurate with the quality of the wildlife-dependent recreational opportunities that are to be provided on the property. (2) The department also may enter into a voluntary agreement with a private landowner to facilitate access to adjacent public lands or waters, upon approval of the governmental entity that holds title to the land. This article does not authorize a private landowner to exclude persons not participating in the SHARE program from using public land for wildlife-dependent recreational activities. (3) The department may enter into a voluntary agreement with a governmental entity to provide wildlife-dependent recreational opportunities to the public on public lands or waters. (b) Notwithstanding any other provision of law, the department shall keep confidential and not release to the public any personal identifying information received from a private landowner participating in the program, unless the director determines that release of that information is necessary for the administration of the program. (c) Either the department or a private landowner may, in writing, modify or cancel an agreement executed under the program, at any time. Upon cancellation or modification of the agreement by either party, the other party shall be reimbursed for any lost revenues or expenses incurred pursuant to the terms of the original agreement. (d) In addition to any other protection or remedy under law, the protections and remedies afforded to an owner of an estate or any other interest in real property under Section 846 of the Civil Code shall apply to a private landowner, nonprofit organization, or other entity participating in the program. (e) The department shall require every person who wants to use land that is subject to an agreement pursuant to subdivision (a), prior to using that land, to sign a waiver that releases the department or any private group, nonprofit organization, governmental entity, or other organization involved in administering the program, and the private landowner, from liability for any injury or damage that arises from, or is connected with that person’s use of the land. Upon request, the department shall provide a copy of the waiver to any of the parties to the waiver. (f) An agreement executed pursuant to the program shall not authorize the take of nongame species by public participants in the program. An agreement may not authorize a private landowner to transfer a hunting or fishing license, stamp, or tag to another person, unless otherwise authorized by law. (g) In determining which lands may be included in the program, the department shall give priority to those lands with the greatest wildlife habitat value. To the extent possible, the department shall also include in the program private lands that permit multiple wildlife-dependent recreational activities, in order to take into consideration the participation of the general public in the program. (Amended by Stats. 2009, Ch. 394, Sec. 3. (AB 1423) Effective January 1, 2010.)
1574.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program [1570 - 1574] ( Article 3 repealed and added by Stats. 2003, Ch. 758, Sec. 2. )
Verify source ↗

The department may revoke a person’s public access privilege for up to three years if the person violates the code or related regulations while on covered property, and the department must enforce applicable regulations on that property.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program [1570 - 1574] ( Article 3 repealed and added by Stats. 2003, Ch. 758, Sec. 2. ) ## 1574. (a) The department may revoke, for up to three years, the public access privilege granted pursuant to this article, of any person who violates any provision of this code or regulation adopted pursuant to this code while on any property that is subject to an agreement under the program. (b) The department shall enforce all applicable regulations established by the commission or the department on property that is subject to an agreement executed under the program. (Amended by Stats. 2009, Ch. 394, Sec. 4. (AB 1423) Effective January 1, 2010.)
1575.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Cooperative Hunting Areas [1575- 1575.] ( Article 3.5 added by Stats. 2007, Ch. 285, Sec. 21.5. )
Verify source ↗

The department may create cooperative hunting areas with landowners, but only under 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3.5. Cooperative Hunting Areas [1575- 1575.] ( Article 3.5 added by Stats. 2007, Ch. 285, Sec. 21.5. ) ## 1575. To provide added protection for landowners from the depredation of trespassers and to provide additional hunting opportunities to public hunters and private landowners, the department may contract with landowners for the establishment of cooperative hunting areas according to terms as the respective parties may agree upon, subject to the following conditions: (a) Cooperative deer and elk hunting areas shall be at least 5,000 acres in size, including the open, restricted, and portions thereof, and may consist of the adjoining lands of one or more owners. (b) The boundaries of each area shall be posted by the department with a sign stating legal hunting may be allowed in the area if written permission is obtained from the owner or their duly authorized agent. (c) The department shall enforce the trespass provisions of the Penal Code and the provisions of this code within these areas. (d) The commission may establish regulations and set fees for the management and control of hunting in these areas. (Added by Stats. 2007, Ch. 285, Sec. 21.5. Effective January 1, 2008.)
1580.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. )
Verify source ↗

The state’s policy is to protect threatened or endangered native plants, wildlife, aquatic organisms, habitats, and certain gene pools through ecological reserves.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. ) ## 1580. The Legislature hereby declares that the policy of the state is to protect threatened or endangered native plants, wildlife, or aquatic organisms or specialized habitat types, both terrestrial and nonmarine aquatic, or large heterogeneous natural gene pools for the future use of mankind through the establishment of ecological reserves. For the purpose of establishing those ecological reserves, the department, with the approval of the commission, may obtain, accept on behalf of the state, acquire, or control, by purchase, lease, easement, gift, rental, memorandum of understanding, or otherwise, and occupy, develop, maintain, use, and administer land, or land and nonmarine water, or land and nonmarine water rights, suitable for the purpose of establishing ecological reserves. Any property obtained, accepted, acquired, or controlled by the department pursuant to this article may be designated by the commission as an ecological reserve. The commission may adopt regulations for the occupation, utilization, operation, protection, enhancement, maintenance, and administration of ecological reserves. The ecological reserves shall not be classified as wildlife management areas pursuant to Section 1504 and shall be exempt from Section 1504. (Amended by Stats. 2000, Ch. 385, Sec. 3. Effective January 1, 2001.)
1581.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. )
Verify source ↗

Property acquired in fee for ecological reserves must be taken in the name of the state and is subject at all times to commission rules and regulations.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. ) ## 1581. Any property acquired in fee for ecological reserves shall be acquired in the name of the state, and shall, at all times, be subject to such rules and regulations as may be prescribed from time to time by the commission for the occupation, use, operation, protection, and administration of such property as ecological reserves. (Added by Stats. 1968, Ch. 1257.)
1582.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. )
Verify source ↗

The department must secure valid title in the state for fee-acquired property used for ecological reserves, and payment cannot be made until the title is vested in and satisfactory to the state. The land also cannot be acquired by eminent domain.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. ) ## 1582. The department shall do all things necessary to secure a valid title in the state to the property acquired in fee for ecological reserves but no payment shall be made therefor until the title is vested in and satisfactory to the state. No such land will be acquired by eminent domain. (Added by Stats. 1968, Ch. 1257.)
1583.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. )
Verify source ↗

It is unlawful to enter ecological reserves or take birds, eggs, mammals, fish, and other listed plant or animal life there, unless doing so complies with the commission’s regulations.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. ) ## 1583. Except in accordance with the regulations of the commission it is unlawful to enter upon any ecological reserves established under the provisions of this article, or to take therein any bird or the nest or eggs thereof, or any mammal, fish, mollusks, crustaceans, amphibia, reptiles or any other form of plant or animal life. (Added by Stats. 1968, Ch. 1257.)
1584.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. )
Verify source ↗

This section defines “ecological reserve.”

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. ) ## 1584. As used in this article, “ecological reserve” means land or land and water areas that are designated as an ecological reserve by the commission pursuant to Section 1580 and that are to be preserved in a natural condition, or which are to be provided some level of protection as determined by the commission, for the benefit of the general public to observe native flora and fauna and for scientific study or research. (Amended by Stats. 1993, Ch. 667, Sec. 2. Effective January 1, 1994.)
1585.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. )
Verify source ↗

The department may build facilities and run programs in ecological reserves it selects, and may also control access, use, and collect fees for selected reserves.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. ) ## 1585. Notwithstanding Section 1580, which sets forth the primary purposes of ecological reserves, the department may construct facilities and conduct programs in ecological reserves it selects to provide natural history education and recreation if those facilities and programs are compatible with the protection of the biological resources of the reserve. As provided in Sections 1764 and 1765, the department may control access, use, and collect fees for selected ecological reserves. (Added by Stats. 1988, Ch. 1539, Sec. 4.)
1587.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. )
Verify source ↗

The Mirage Trail may be open for recreational hiking only in May through January if the listed conditions are met; otherwise it is closed February through April. The commission must also review compliance every two years and the section sunsets on January 1, 2028 unless extended.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. ) ## 1587. The Mirage Trail within the Magnesia Spring Ecological Reserve shall be open nine months of the year during the months of May to January, inclusive, and closed for three months during the months of February to April, inclusive, to recreational hiking if the commission determines that all of the following conditions are met: (a) Local public agencies or other nonstate entities will assume complete financial responsibility for the following as determined to be necessary by the commission: (1) Fencing to dissuade hikers from traversing beyond the trail and into sensitive Peninsular bighorn sheep habitat. (2) Signage and educational materials to educate hikers about Peninsular bighorn sheep. (b) A single entity has been designated to fulfill the financial arrangements and other terms and conditions determined by the commission to be necessary pursuant to subdivision (a). (c) The entity designated pursuant to subdivision (b) has committed to expend at least one hundred thousand dollars ($100,000) by January 1, 2018, to monitor the Peninsular bighorn sheep, consistent with the Coachella Valley Multiple Species Habitat Conservation Plan. (d) The commission shall, beginning January 1, 2020, and by January 1 every two years thereafter, at a public hearing, assess compliance with the requirements of this section and post its findings and any recommendations on its Internet Web site. (e) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date. (Amended by Stats. 2017, Ch. 315, Sec. 1. (AB 661) Effective January 1, 2018. Repealed as of January 1, 2028, by its own provisions.)
1588.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. )
Verify source ↗

The department must implement the reserve’s name change, and it does not need commission approval to do so.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Ecological Reserves [1580 - 1588] ( Article 4 added by Stats. 1968, Ch. 1257. ) ## 1588. (a) The “Eden Landing Ecological Reserve,” as specified in paragraph (52) of subdivision (b) of Section 630 of Title 14 of the California Code of Regulations, as that section read on January 1, 2022, is hereby renamed the “Congressman Pete Stark Ecological Reserve at Eden Landing.” (b) The department shall implement the name change and, notwithstanding Section 1580 or any other law, is not required to obtain commission approval for implementation of the name change. (Added by Stats. 2022, Ch. 60, Sec. 1. (AB 203) Effective June 30, 2022.)
1590.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Classification of Marine Managed Areas with Harvest Restrictions [1590 - 1591] ( Article 5 added by Stats. 2000, Ch. 385, Sec. 4. )
Verify source ↗

The commission may designate, delete, or modify certain marine areas, but it must get the State Park and Recreation Commission’s concurrence before changing some areas and may not delete or modify certain areas designated by that commission.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Classification of Marine Managed Areas with Harvest Restrictions [1590 - 1591] ( Article 5 added by Stats. 2000, Ch. 385, Sec. 4. ) ## 1590. The commission may designate, delete, or modify state marine recreational management areas established by the commission for hunting purposes, state marine reserves, and state marine conservation areas, as delineated in subdivision (a) of Section 36725 of the Public Resources Code. The commission shall consult with, and secure concurrence from, the State Park and Recreation Commission prior to modifying or deleting marine reserves and marine conservation areas designated by the State Park and Recreation Commission. The commission shall not delete or modify state marine recreational management areas designated by the State Park and Recreation Commission. (Amended by Stats. 2003, Ch. 610, Sec. 5. Effective January 1, 2004.)
1591.
## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Classification of Marine Managed Areas with Harvest Restrictions [1590 - 1591] ( Article 5 added by Stats. 2000, Ch. 385, Sec. 4. )
Verify source ↗

This section requires certain marine protected areas to be reclassified into listed categories and says proposals made after January 1, 2002 must follow the cited act’s guidelines.

## 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 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Classification of Marine Managed Areas with Harvest Restrictions [1590 - 1591] ( Article 5 added by Stats. 2000, Ch. 385, Sec. 4. ) ## 1591. (a) The Marine Managed Areas Improvement Act (Chapter 7 (commencing with Section 36600) of Division 27 of the Public Resources Code) establishes a uniform classification system for state marine managed areas and is incorporated herein by reference. Any proposals for marine protected areas made after January 1, 2002, shall follow the guidelines set forth in that act. Pursuant to Section 36750 of the Public Resources Code, all marine protected areas in existence and not reclassified in accordance with the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3) on January 1, 2002, shall be reclassified by the State Interagency Coordinating Committee established pursuant to Section 36800 of the Public Resources Code into one of the following classifications: (1) State marine reserve. (2) State marine park. (3) State marine conservation area. (b) State marine recreational management areas established by the commission for hunting purposes, state marine reserves, and state marine conservation areas shall be designated, deleted, or modified by the commission pursuant to that act. The restrictions and allowable uses applicable to those areas are as set forth in that act. (Amended by Stats. 2003, Ch. 610, Sec. 6. Effective January 1, 2004.)
16.
## 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 ↗

This section defines “affix” as physically attaching to, or imprinting an electronic validation on, a license document.

## 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. ) ## 16. “Affix” means physically attached to or imprinting an electronic validation to a license document. (Added by Stats. 2001, Ch. 112, Sec. 1. Effective January 1, 2002.)
1600.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
Verify source ↗

This section says protecting and conserving California’s fish and wildlife resources is a matter of utmost public interest and a state responsibility.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1600. The Legislature finds and declares that the protection and conservation of the fish and wildlife resources of this state are of utmost public interest. Fish and wildlife are the property of the people and provide a major contribution to the economy of the state, as well as providing a significant part of the people’s food supply; therefore their conservation is a proper responsibility of the state. This chapter is enacted to provide conservation for these resources. (Repealed and added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
16000.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 1. Legislative Findings [16000- 16000.] ( Chapter 1 added by Stats. 1986, Ch. 691, Sec. 1. )
Verify source ↗

The Legislature says California and California Indian tribes should use this division to work toward agreements about Indian fishing and natural resource protection.

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 1. Legislative Findings [16000- 16000.] ( Chapter 1 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16000. The Legislature finds: (a) Jurisdiction over the protection and development of natural resources, especially the fish resource, is of great importance to both the State of California and California Indian tribes. (b) To California Indian tribes, control over their minerals, lands, water, wildlife, and other resources is crucial to their economic self-sufficiency and the preservation of their heritage. On the other hand, the State of California is concerned about protecting and developing its resources; protecting, restoring, and developing its commercial and recreational salmon fisheries; ensuring public access to its waterways; and protecting the environment within its borders. (c) More than any other issue confronting the State of California and California Indian tribes, the regulation of natural resources, especially fish, transcends political boundaries. (d) In many cases, the State of California and California Indian tribes have differed in their respective views of the nature and extent of state versus tribal jurisdiction in areas where Indians have historically fished. Despite these frequent and often bitter disputes, both the state and the tribes seek, as their mutual goal, the protection and preservation of the fish resource. This division is an attempt to provide a legal mechanism, other than protracted and expensive litigation over unresolved legal issues, for achieving that mutual goal. (e) This division creates a pilot project that will involve and encourage the efforts of the State of California and the Covelo Indian Community of the Round Valley Indian Reservation to reach a mutual agreement regarding the legal framework for the exercise of Indian subsistence fishing in the boundary streams of the historic 1873 Round Valley Indian Reservation. It is hoped that this pilot project, if successful, will provide the incentive for enactment of broader legislation that would authorize similar negotiated agreements with other California Indian tribes. (Added by Stats. 1986, Ch. 691, Sec. 1.)
16001.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 2. General Provisions [16001 - 16005] ( Chapter 2 added by Stats. 1986, Ch. 691, Sec. 1. )
Verify source ↗

A definition in this chapter controls how this division is interpreted.

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 2. General Provisions [16001 - 16005] ( Chapter 2 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16001. The definition in this chapter shall govern the construction of this division. (Added by Stats. 1986, Ch. 691, Sec. 1.)
16002.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 2. General Provisions [16001 - 16005] ( Chapter 2 added by Stats. 1986, Ch. 691, Sec. 1. )
Verify source ↗

This section defines “Covelo Indian Community.”

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 2. General Provisions [16001 - 16005] ( Chapter 2 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16002. “Covelo Indian Community” means the confederated tribes of the Round Valley Indian Reservation located in Mendocino County, California, recognized as an Indian tribe by the Secretary of the Interior. (Added by Stats. 1986, Ch. 691, Sec. 1.)
16003.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 2. General Provisions [16001 - 16005] ( Chapter 2 added by Stats. 1986, Ch. 691, Sec. 1. )
Verify source ↗

This section defines “take” to include pursuing, catching, capturing, or killing, and attempts to do so.

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 2. General Provisions [16001 - 16005] ( Chapter 2 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16003. “Take” means pursue, catch, capture, or kill, or attempt to pursue, catch, capture, or kill. (Added by Stats. 1986, Ch. 691, Sec. 1.)
16004.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 2. General Provisions [16001 - 16005] ( Chapter 2 added by Stats. 1986, Ch. 691, Sec. 1. )
Verify source ↗

This section defines “Traditional Indian fishing practice” as a method of taking fish recognized in the customs and traditions of the Covelo Indian Community.

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 2. General Provisions [16001 - 16005] ( Chapter 2 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16004. “Traditional Indian fishing practice” means a mode, method, or way of taking fish that is recognized in the customs and traditions of the Covelo Indian Community. (Added by Stats. 1986, Ch. 691, Sec. 1.)
16005.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 2. General Provisions [16001 - 16005] ( Chapter 2 added by Stats. 1986, Ch. 691, Sec. 1. )
Verify source ↗

This section defines “Historic 1873 Round Valley Indian Reservation.”

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 2. General Provisions [16001 - 16005] ( Chapter 2 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16005. “Historic 1873 Round Valley Indian Reservation” means the reservation described and set aside by Congress for the Covelo Indian Community in the Act of March 3, 1873 (17 Stat. 633). (Added by Stats. 1986, Ch. 691, Sec. 1.)
16006.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16006 - 16009] ( Chapter 3 added by Stats. 1986, Ch. 691, Sec. 1. )
Verify source ↗

The department may make an agreement or compact with the Covelo Indian Community, but only if the commission approves it.

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16006 - 16009] ( Chapter 3 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16006. Subject to the approval of the commission, the department may enter into a mutual agreement or compact with the Covelo Indian Community respecting jurisdiction and authority to regulate traditional Indian subsistence fishing practices in the boundary streams of the historic 1873 Round Valley Indian Reservation. (Added by Stats. 1986, Ch. 691, Sec. 1.)
16007.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16006 - 16009] ( Chapter 3 added by Stats. 1986, Ch. 691, Sec. 1. )
Verify source ↗

The department must submit any agreement or compact made under Section 16006 to the commission for review and approval.

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16006 - 16009] ( Chapter 3 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16007. Any agreement or compact entered into pursuant to Section 16006 shall be submitted by the department to the commission for review and approval. (Added by Stats. 1986, Ch. 691, Sec. 1.)
16008.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16006 - 16009] ( Chapter 3 added by Stats. 1986, Ch. 691, Sec. 1. )
Verify source ↗

Agreements or compacts under Section 16006 do not become effective until the commission approves them.

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16006 - 16009] ( Chapter 3 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16008. Any agreement or compact entered into pursuant to Section 16006 shall not be effective until they are approved by the commission. The commission may consider and approve an agreement or compact at any of its regular or special meetings. (Added by Stats. 1986, Ch. 691, Sec. 1.)
16009.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16006 - 16009] ( Chapter 3 added by Stats. 1986, Ch. 691, Sec. 1. )
Verify source ↗

The commission must give prior notice of meetings where agreement or compact approval will be considered, and must make proposed agreements or compacts available to the public on request.

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16006 - 16009] ( Chapter 3 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16009. The commission shall give notice of the time and place of any meeting at which the approval of an agreement or compact entered into under this division will be considered by publishing prior notice in any publication issued by the Resources Agency or the department after determining the time and place of the meeting. The commission shall make copies of the proposed agreement or compact available to the public on request and the notice shall contain a statement to that effect. All meetings required by this section shall be open to the public. (Added by Stats. 1986, Ch. 691, Sec. 1.)
1601.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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This section defines key terms used in the 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1601. The following definitions apply to this chapter: (a) “Agreement” means a lake or streambed alteration agreement. (b) “Day” means calendar day. (c) “Emergency” has the same definition as in Section 21060.3 of the Public Resources Code. (d) “Entity” means any person, state or local governmental agency, or public utility that is subject to this chapter. (Repealed and added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
16010.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 4. Enforceability of an Agreement or Compact [16010 - 16011] ( Chapter 4 added by Stats. 1986, Ch. 691, Sec. 1. )
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Parties may enforce an agreement or compact only within the limits and forums set by that agreement or compact.

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 4. Enforceability of an Agreement or Compact [16010 - 16011] ( Chapter 4 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16010. Any agreement or compact entered into pursuant to this division shall be enforceable by the parties only to the extent and in the forum or forums provided for under the terms of the agreement or compact. (Added by Stats. 1986, Ch. 691, Sec. 1.)
16011.
## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 4. Enforceability of an Agreement or Compact [16010 - 16011] ( Chapter 4 added by Stats. 1986, Ch. 691, Sec. 1. )
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The department may issue regulations, but they must be consistent with any agreement or compact made under Section 16006.

## Fish and Game Code - FGC ## DIVISION 13. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING [16000 - 16011] ( Division 13 added by Stats. 1986, Ch. 691, Sec. 1. ) ## CHAPTER 4. Enforceability of an Agreement or Compact [16010 - 16011] ( Chapter 4 added by Stats. 1986, Ch. 691, Sec. 1. ) ## 16011. The department may promulgate regulations consistent with the provisions of any agreement or compact entered into pursuant to Section 16006. The application and enforcement of those regulations shall be in accordance with the express provisions of the agreement or compact. (Added by Stats. 1986, Ch. 691, Sec. 1.)
1602.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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Entities may not substantially alter waterways or deposit certain debris into rivers, streams, or lakes unless they notify the department, pay fees, and meet the listed approval or exemption 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1602. (a) An entity shall not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless all of the following occur: (1) The department receives written notification regarding the activity in the manner prescribed by the department. The notification shall include, but is not limited to, all of the following: (A) A detailed description of the project’s location and a map. (B) The name, if any, of the river, stream, or lake affected. (C) A detailed project description, including, but not limited to, construction plans and drawings, if applicable. (D) A copy of any document prepared pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (E) A copy of any other applicable local, state, or federal permit or agreement already issued. (F) Any other information required by the department. (2) The department determines the notification is complete in accordance with Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, irrespective of whether the activity constitutes a development project for the purposes of that chapter. (3) The entity pays the applicable fees, pursuant to Section 1609. (4) One of the following occurs: (A) (i) The department informs the entity, in writing, that the activity will not substantially adversely affect an existing fish or wildlife resource, and that the entity may commence the activity without an agreement, if the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources. (ii) Each region of the department shall log the notifications of activities where no agreement is required. The log shall list the date the notification was received by the department, a brief description of the proposed activity, and the location of the activity. Each item shall remain on the log for one year. Upon written request by any person, a regional office shall send the log to that person monthly for one year. A request made pursuant to this clause may be renewed annually. (B) The department determines that the activity may substantially adversely affect an existing fish or wildlife resource and issues a final agreement to the entity that includes reasonable measures necessary to protect the resource, and the entity conducts the activity in accordance with the agreement. (C) A panel of arbitrators issues a final agreement to the entity in accordance with subdivision (b) of Section 1603, and the entity conducts the activity in accordance with the agreement. (D) The department does not issue a draft agreement to the entity within 60 days from the date notification is complete, and the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources. (b) (1) If an activity involves the routine maintenance and operation of water supply, drainage, flood control, or waste treatment and disposal facilities, notice to and agreement with the department shall not be required after the initial notification and agreement, unless the department determines either of the following: (A) The work described in the agreement has substantially changed. (B) Conditions affecting fish and wildlife resources have substantially changed, and those resources are adversely affected by the activity conducted under the agreement. (2) This subdivision applies only if notice to, and agreement with, the department was attained prior to January 1, 1977, and the department has been provided a copy of the agreement or other proof of the existence of the agreement that satisfies the department, if requested. (c) Notwithstanding subdivision (a), the department is not required to determine whether the notification is complete or otherwise process the notification until the department has received the applicable fees. (d) (1) Notwithstanding subdivision (a), an entity shall not be required to obtain an agreement with the department pursuant to this chapter for activities authorized by a license or renewed license for cannabis cultivation issued by the Department of Cannabis Control for the term of the license or renewed license if all of the following occur: (A) The entity submits all of the following to the department: (i) The written notification described in paragraph (1) of subdivision (a). (ii) A copy of the license or renewed license for cannabis cultivation issued by the Department of Cannabis Control that includes the requirements specified in Section 26060.1 of the Business and Professions Code. (iii) The fee specified in paragraph (3) of subdivision (a). (B) The department determines in its sole discretion that compliance with the requirements specified in Section 26060.1 of the Business and Professions Code that are included in the license will adequately protect existing fish and wildlife resources that may be substantially adversely affected by the cultivation without the need for additional measures that the department would include in a draft streambed alteration agreement in accordance with Section 1603. (C) The department notifies the entity in writing that the exemption applies to the cultivation authorized by the license or renewed license. (2) The department shall notify the entity in writing whether the exemption in paragraph (1) applies to the cultivation authorized by the license or renewed license within 60 days from the date that the notification is complete and the fee has been paid. (3) If an entity receives an exemption pursuant to this subdivision and fails to comply with any of the requirements described in Section 26060.1 of the Business and Professions Code that are included in the license, the failure shall constitute a violation under this section, and the department shall notify the Department of Cannabis Control of any enforcement action taken. (e) It is unlawful for any entity to violate this chapter. (Amended by Stats. 2021, Ch. 70, Sec. 98. (AB 141) Effective July 12, 2021.)
1603.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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After notification is complete, the department must assess whether the activity may substantially harm fish and wildlife resources and, if so, issue a draft agreement with protective measures; the entity must respond within set deadlines, and unresolved disputes can go to arbitration.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1603. (a) After the notification is complete, the department shall determine whether the activity may substantially adversely affect an existing fish and wildlife resource. If the department determines that the activity may have that effect, the department shall provide a draft agreement to the entity within 60 days after the notification is complete. The draft agreement shall describe the fish and wildlife resources that the department has determined the activity may substantially adversely affect and include measures to protect those resources. The department’s description of the affected resources shall be specific and detailed, and the department shall make available, upon request, the information upon which its determination of substantial adverse effect is based. Within 30 days of the date of receipt of the draft agreement, the entity shall notify the department whether the measures to protect fish and wildlife resources in that draft agreement are acceptable. If the department’s measures are not acceptable, the entity shall so notify the department in writing and specify the measures that are not acceptable. Upon written request, the department shall meet with the entity within 14 days of the date the department receives the request for the purpose of resolving any disagreement regarding those measures. If the entity fails to respond, in writing, within 90 days of receiving the draft agreement, the department may withdraw that agreement, and require the entity to resubmit a notification to the department before commencing the activity. (b) If mutual agreement is not reached at any meeting held pursuant to subdivision (a), the entity may request, in writing, the appointment of a panel of arbitrators to resolve the disagreement. A panel of arbitrators shall be appointed within 14 days of receipt of the written request. The panel of arbitrators shall be comprised of three persons, as follows: one representative selected by the department; one representative selected by the affected entity; and a third person mutually agreed upon by the department and the entity, who shall serve as the panel chair. If the department and the entity cannot agree on the third person within that 14-day period, the third person shall be appointed in the manner provided by Section 1281.6 of the Code of Civil Procedure. The third person shall have scientific expertise relevant to the fish and wildlife resources that may be substantially adversely affected by the activity proposed by the entity and to the measures proposed by the department to protect those resources. The authority of the panel of arbitrators is limited to resolving disagreements regarding the measures specified in subdivision (a), and subdivisions (b) and (g) of Section 1605, and, in the case of an extension, whether or not the agreement needs to be modified to protect fish and wildlife resources. Any decision by the panel of arbitrators shall be issued within 14 days from the date the panel was established, shall be binding on the department and the affected entity, shall be based on the best scientific information reasonably available at the time of the arbitration, and, except for a decision to extend an agreement without modification, shall be made in the form of a final agreement. The final agreement issued by the panel shall also include, without modification, all measures that were not subject to arbitration. Each party shall pay the expenses of their selected representative and pay one-half the expenses of the third person. (Repealed and added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
1604.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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An affected party may ask a court to confirm, correct, or vacate an arbitration panel decision under the referenced civil procedure 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1604. Any party affected by a decision made by an arbitration panel pursuant to this chapter may petition a court of competent jurisdiction for confirmation, correction, or vacation of the decision in accordance with Chapter 4 (commencing with Section 1285) of Title 9 of Part 3 of the Code of Civil Procedure. (Repealed and added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
1605.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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This section limits agreement terms, sets extension rules, and requires reporting, inspection, and logging when long-term agreements are considered.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1605. (a) (1) Except as otherwise provided in this section, the term of an agreement shall not exceed five years. (2) Notwithstanding paragraph (1), after the agreement expires, the entity shall remain responsible for implementing any mitigation or other measures specified in the agreement to protect fish and wildlife resources. (b) Any entity may request one extension of a previously-approved agreement, if the entity requests the extension prior to the expiration of its original term. The department shall grant the extension unless it determines that the agreement requires modification because the measures contained in the agreement no longer protect the fish and wildlife resources that the activity may substantially adversely affect. In the event the department makes that determination, the department shall propose measures intended to protect those resources. (c) If the entity disagrees with the department’s determination that the agreement requires modification to protect fish and wildlife resources or with the measures proposed by the department, the disagreement shall be resolved pursuant to the procedures described in subdivision (b) of Section 1603. (d) The department may not extend an agreement for more than five years. (e) (1) An original agreement shall remain in effect until the department grants the extension request, or new measures are imposed to protect fish and wildlife resources by agreement or through the arbitration process. (2) Notwithstanding paragraph (1), an original agreement may not remain in effect for more than one year after its expiration date. (f) If the entity fails to submit a request to extend an agreement prior to its expiration, the entity shall submit a new notification before commencing or continuing the activity covered by the agreement. (g) Notwithstanding paragraph (1) of subdivision (a), the department may issue an agreement, that otherwise meets the requirements of this chapter, for a term longer than five years if the following conditions are satisfied: (1) The information the entity provides to the department in its notification meets the requirements of paragraph (1) of subdivision (a) of Section 1602. (2) The entity agrees to provide a status report to the department every four years. The status report shall be delivered to the department no later than 90 days prior to the end of each four-year period, and shall include all of the following information: (A) A copy of the original agreement. (B) The status of the activity covered by the agreement. (C) An evaluation of the success or failure of the measures in the agreement to protect the fish and wildlife resources that the activity may substantially adversely affect. (D) A discussion of any factors that could increase the predicted adverse impacts on fish and wildlife resources, and a description of the resources that may be adversely affected. (3) The department shall review the four-year status report, and conduct an onsite inspection to confirm that the entity is in compliance with the agreement and that the measures in the agreement continue to protect the fish and wildlife resources. If the department determines that the measures in the agreement no longer protect the fish and wildlife resources that are being substantially adversely affected by the activity, the department, in consultation with the entity, and within 45 days of receipt of the report, shall impose one or more new measures to protect the fish and wildlife resources affected by the activity. If requested to do so by the entity, the department shall make available the information upon which it determined the agreement no longer protects the affected fish and wildlife resources. If the entity disagrees with one or more of the new measures, within seven days of receiving the new measures, it shall notify the department, in writing, of the disagreement. The entity and the department shall consult regarding the disagreement. The consultation shall be completed within seven days after the department receives the entity’s notice of disagreement. If the department and entity fail to reach agreement, the entity may request, in writing, the appointment of a panel of arbitrators to resolve the disagreement. The panel of arbitrators shall be appointed within 14 days of the completed consultation. The panel of arbitrators shall issue a decision within 14 days of the date it is established. All other provisions of subdivision (b) of Section 1603 regarding the panel shall apply to any arbitration panel established in accordance with this subdivision. If the entity fails to provide timely status reports as required by this subdivision, the department may suspend or revoke the agreement. (4) The agreement shall authorize department employees to conduct onsite inspections relevant to the agreement, upon reasonable notice. Nothing in this section limits the authority of department employees to inspect private or public sites. (5) Except as provided in paragraph (3), subparagraph (D) of paragraph (4) of subdivision (a) of Section 1602 and the time periods to process agreements specified in this chapter do not apply to agreements issued pursuant to this section. (h) Each region of the department shall log the notifications of activities for which a long-term agreement is being considered pursuant to subdivision (g). The log shall list the date the notification was received by the department, a brief description of the proposed activity, and the location of the activity. Each item shall remain on the log for one year. Upon written request by any person, a regional office shall send the log to that person monthly for one year. A request made pursuant to this subdivision may be renewed annually. (Amended by Stats. 2023, Ch. 132, Sec. 20. (AB 1760) Effective January 1, 2024.)
1606.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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The department may not make an agreement depend on getting another local, state, or federal permit.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1606. The department shall not condition the issuance of an agreement on the receipt of another local, state, or federal permit. (Repealed and added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
1607.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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Any time period set by this chapter may be extended if the parties mutually agree.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1607. Any time period prescribed in this chapter may be extended by mutual agreement. (Repealed and added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
1608.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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The department must give an entity that files a Section 1602(a) notification information about review timeframes, objection rights and deadlines, arbitration rights and procedures, fee payment requirements for arbitrators, and the current fee schedule.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1608. The department shall provide any entity that submits a notification pursuant to subdivision (a) of Section 1602 with all of the following information: (a) The time period for review of the notification. (b) An explanation of the entity’s right to object to any measures proposed by the department. (c) The time period within which objections may be made in writing to the department. (d) The time period within which the department is required to respond, in writing, to the entity’s objections. (e) An explanation of the right of the entity to arbitrate any measures in a draft agreement. (f) The procedures and statutory timelines for arbitration, including, but not limited to, information about the payment requirements for arbitrator fees. (g) The current schedule of fees to obtain an agreement. (Amended by Stats. 2023, Ch. 132, Sec. 21. (AB 1760) Effective January 1, 2024.)
1609.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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The department may set a graduated fee schedule for entities covered by this chapter, must adjust the fees annually, must deposit fee revenue in the Fish and Game Preservation Fund, and may not set a fee above $5,000 for a single project unless the project falls within the stated exception.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1609. (a) The department may establish a graduated schedule of fees to be charged to any entity subject to this chapter. The fees charged shall be established in an amount necessary to pay the total costs incurred by the department in administering and enforcing this chapter, including, but not limited to, preparing and submitting agreements and conducting inspections. The department shall annually adjust the fees pursuant to Section 713. Fees received pursuant to this section shall be deposited in the Fish and Game Preservation Fund. (b) (1) The fee schedule established pursuant to subdivision (a) shall not include a fee that exceeds five thousand dollars ($5,000) for any single project. (2) The fee limitation described in paragraph (1) does not apply to any project included in any agreement issued pursuant to subdivision (g) of Section 1605. (Amended by Stats. 2016, Ch. 340, Sec. 2. (SB 839) Effective September 13, 2016.)
1610.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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Certain emergency work is exempt from this chapter, but the entity doing the work must notify the department in writing within 14 days of starting.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1610. (a) Except as provided in subdivision (b), this chapter does not apply to any of the following: (1) Immediate emergency work necessary to protect life or property. (2) Immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. (3) Emergency projects undertaken, carried out, or approved by a state or local governmental agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, within the existing right-of-way of the highway, that has been damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. Work needed in the vicinity above and below a highway may be conducted outside of the existing right-of-way if it is needed to stop ongoing or recurring mudslides, landslides, or erosion that pose an immediate threat to the highway, or to restore those roadways damaged by mudslides, landslides, or erosion to their predamage condition and functionality. This paragraph does not exempt from this chapter any project undertaken, carried out, or approved by a state or local governmental agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide. The exception provided in this paragraph does not apply to a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code. (b) The entity performing the emergency work described in subdivision (a) shall notify the department of the work, in writing, within 14 days of beginning the work. Any work described in the emergency notification that does not meet the criteria for the emergency work described in subdivision (a) is a violation of this chapter if the entity did not first notify the department in accordance with Section 1602 or 1611. (c) This chapter does not apply to activities undertaken pursuant to Section 1242.1 of the Water Code. (Amended by Stats. 2023, Ch. 51, Sec. 4. (SB 122) Effective July 10, 2023.)
1611.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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A timber harvesting plan can count as the required notification if it includes specified information. The department does not have to process the notification until the plan and fee are received, and it cannot be required to issue an agreement in under 60 days from a complete notification.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1611. (a) An entity that submits a timber harvesting plan in accordance with Section 4581 of the Public Resources Code or directly to the department is deemed to have given the notification required by Section 1602, as long as the following information is included in the plan: (1) The volume, type, and equipment to be used in removing or displacing any one or combination of soil, sand, gravel, or boulders. (2) The volume of water, intended use, and equipment to be used in any water diversion or impoundment, if applicable. (3) The equipment to be used in road or bridge construction. (4) The type and density of vegetation to be affected and an estimate of the area involved. (5) A diagram or sketch of the location of the operation that clearly indicates the stream or other water and access from a named public road. Locked gates shall be indicated and the compass direction shall be shown. (6) A description of the period of time in which operations will be carried out. (b) Notwithstanding subdivision (a), the department is not required to determine whether the notification is complete or otherwise process the notification until the timber harvesting plan and the proper notification fee have both been received by the department. (c) Nothing in this section requires the department to issue an agreement fewer than 60 days from the date the notification is complete. (d) The date on which the term of an agreement issued pursuant to this section begins shall be the date timber operations first commence, unless the agreement specifies a later beginning date. (Added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
1612.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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The department may suspend or revoke an agreement if an entity is not complying or is late with required status reports, and it must have regulations and notice/opportunity-to-correct procedures.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1612. The department may suspend or revoke an agreement at any time if it determines that an entity is not in compliance with the terms of the agreement or fails to provide timely status reports as required by subdivision (g) of Section 1605. The department shall adopt regulations establishing the procedure for suspension or revocation of an agreement. The procedure shall require the department to provide to the entity a written notice that explains the basis for a suspension or revocation, and to provide the entity with an opportunity to correct any deficiency before the department suspends or revokes the agreement. (Added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
1613.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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The department may stop processing a notification if it tells the entity in writing that the notified activity, or related conduct, violates the code or implementing regulations.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1613. If, after receiving a notification, but before the department executes a final agreement, the department informs the entity, in writing, that the activity described in the notification, or any activity or conduct by the entity directly related thereto, violates any provision of this code or the regulations that implement the code, the department may suspend processing the notification, and subparagraph (D) of paragraph (4) of subdivision (a) of Section 1602 and the timelines specified in Section 1603 do not apply. This section ceases to apply if any of the following occurs: (a) The department determines that the violation has been remedied. (b) Legal action to prosecute the violation is not filed within the applicable statute of limitations. (c) Legal action to prosecute the violation has been terminated. (Amended by Stats. 2016, Ch. 340, Sec. 4. (SB 839) Effective September 13, 2016.)
1614.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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If an entity is required to do work under this chapter because of a court or administrative order or notice, it must include the department’s proposed fish and wildlife protection measures in the agreement; those measures cannot be arbitrated.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1614. If the entity is required to perform work subject to this chapter pursuant to a court or administrative order or notice, the entity shall include the measures proposed by the department to protect fish and wildlife resources in the agreement. Those measures are not subject to arbitration. (Added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
1615.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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An entity that violates this chapter can be liable for a civil penalty of up to $25,000 per violation, and the court must also follow specific rules for injunctions and penalty distribution.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1615. (a) An entity that violates this chapter is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. (b) The civil penalty imposed pursuant to subdivision (a) is separate from, and in addition to, any other civil penalty imposed pursuant to this section or any other provision of the law. (c) In determining the amount of any civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court may consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and, with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines that justice may require. (d) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated. (e) (1) In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding any of the following: (A) That irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued. (B) That the remedy at law is inadequate. (2) The court shall issue a temporary restraining order, preliminary injunction, or permanent injunction in a civil action brought pursuant to this chapter without the allegations and without the proof specified in paragraph (1). (f) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003, and shall be apportioned in the following manner: (1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100. (2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of any legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution. (Amended by Stats. 2016, Ch. 340, Sec. 5. (SB 839) Effective September 13, 2016.)
1616.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
Verify source ↗

Agreements and memoranda of understanding made by the department under this chapter before January 1, 2004, are governed by the version of the chapter that existed before that date.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1616. Any agreement or any memorandum of understanding executed by the department pursuant to this chapter prior to January 1, 2004, shall be subject to, and shall be governed by, the provisions of this chapter that were in existence prior to that date. This section does not apply to paragraph (2) of subdivision (b) of Section 1602, requiring an entity to provide a copy or other satisfactory evidence of an agreement attained prior to January 1, 1977, upon the request of the department. (Added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
1617.
## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. )
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The department may adopt general agreements for cannabis cultivation and must charge a fee for them.

## 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 6. Fish and Wildlife Protection and Conservation [1600 - 1617] ( Chapter 6 repealed and added by Stats. 2003, Ch. 736, Sec. 2. ) ## 1617. (a) The department may adopt general agreements for the cultivation of cannabis. (b) Any general agreement adopted by the department subsequent to adoption of regulations under this section shall be in lieu of an individual agreement described in subparagraph (B) of paragraph (4) of subdivision (a) of Section 1602. (c) Subparagraph (D) of paragraph (4) of subdivision (a) of Section 1602 and all other time periods to process agreements specified in this chapter do not apply to the issuance of a general agreement adopted by the department pursuant to this section. (d) Any general agreement issued by the department pursuant to this section is a final agreement and is not subject to Section 1603 or 1604. (e) The department shall charge a fee for a general agreement adopted by the department under this section in accordance with Section 1609. (f) If the department adopts or amends a general agreement under this section, it shall do so as an emergency regulation. An emergency regulation adopted pursuant to this section, and any amendments to it, shall be adopted by the department in accordance with 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 is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department, or any amendments to it made by the department pursuant to this section, shall stay in effect until revised by the department. (g) Regulations adopted pursuant to this section, and any amendment thereto, shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code. (Amended by Stats. 2017, Ch. 27, Sec. 109. (SB 94) Effective June 27, 2017.)
1650.
## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. )
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This chapter is named the Habitat Restoration and Enhancement Act and may be cited by that name.

## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. ) ## 1650. This chapter shall be known, and may be cited, as the Habitat Restoration and Enhancement Act. (Added by Stats. 2014, Ch. 604, Sec. 2. (AB 2193) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 1657.)
16500.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 1. Legislative Findings [16500- 16500.] ( Chapter 1 added by Stats. 1986, Ch. 1186, Sec. 1. )
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The Legislature explains why this division exists: to help the state and California Indian tribes manage and protect fish and other natural resources on the Klamath River.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 1. Legislative Findings [16500- 16500.] ( Chapter 1 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16500. The Legislature finds: (a) Jurisdiction over the protection and development of natural resources, especially the fish resource, is of great importance to both the State of California and California Indian tribes. (b) To California Indian tribes, control over their minerals, lands, water, wildlife, and other resources within Indian country is crucial to their economic self-sufficiency and the preservation of their heritage. On the other hand, the State of California is concerned about protecting and developing its resources; protecting, restoring, and developing its commercial and recreational salmon fisheries; ensuring public access to its waterways; and protecting the environment within its borders. (c) More than any other issue confronting the State of California and California Indian tribes, the regulation of natural resources, especially fish, transcends political boundaries. (d) In many cases, the State of California and California Indian tribes have differed in their respective views of the nature and extent of state versus tribal jurisdiction in areas where Indians have historically fished. Despite these frequent and often bitter disputes, both the state and the tribes seek, as their mutual goal, the protection and preservation of the fish resource. This division is an attempt to provide a legal mechanism, other than protracted and expensive litigation over unresolved legal issues, for achieving that mutual goal on the Klamath River. (e) The department has exercised jurisdiction over the Klamath River from the mouth of the river through the Yurok Reservation and the Hoopa Valley Reservation, but the Bureau of Indian Affairs and the Indian tribes thereon have also asserted jurisdiction over that river. The river itself lies within a disputed area and proper management of the resource presents, therefore, unique and difficult problems in the exercise of fishing practices by all user groups. (f) Although commercial fishing may not be a traditional practice of the tribes existing along the Klamath River within the boundaries of the land of the Yurok Reservation and the Hoopa Valley Reservation, nevertheless, the department has historically supported the concept of tribal fishing, including a tribal commercial fishing industry where the industry is consistent with the need to preserve the species, sound management, and where that usage would not adversely effect other user groups, including sportfishing and the ocean commercial fishery. (g) A commercial fishery existed on the Klamath River in the late 19th century and early 20th century, in which the Indian tribes existing along the river participated, but commercial fishing was abolished in 1933 with the passage of the predecessor to Section 8434, and, further, that salmon resources have declined historically due to past water developmental policies and timber harvesting practices. With a reduced number of fish available, special laws are needed to protect those resources and allocate them fairly among the various user groups. (h) This division is not only enacted to provide the legal mechanism described above, but is also intended to encourage cooperative agreements to allow protection of the resource among all of the user groups. In so doing, the Legislature recognizes the unique status of the Klamath River and the fishing therein. (Amended by Stats. 2015, Ch. 154, Sec. 117. (AB 1527) Effective January 1, 2016.)
1651.
## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. )
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This section defines several terms used in the chapter and requires habitat restoration or enhancement projects to satisfy specified eligibility requirements when a written request is submitted under Sections 1652 or 1653.

## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. ) ## 1651. As used in this chapter: (a) “Fish passage guidelines” means those guidelines specified in the department’s California Salmonid Stream Habitat Restoration Manual and the National Marine Fisheries Service, Southwest Region, Guidelines for Salmonid Passage at Stream Crossings, and subsequent amendments or updates to either document. (b) “Habitat restoration or enhancement project” means a project with the primary purpose of improving fish and wildlife habitat. A habitat restoration or enhancement project shall meet the eligibility requirements for the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its current equivalent at the time the project proponent submits a written request pursuant to Section 1652 or 1653. The order or current equivalent may include programmatic waivers or waste discharge requirements for small habitat restoration projects. (c) “Project proponent” means a person, public agency, or nonprofit organization seeking to implement a habitat restoration or enhancement project. (d) “Species recovery plan” means a guidance document prepared by a government agency that identifies recovery actions, based upon the best scientific and commercial data available, necessary for the protection and recovery of listed species. (Added by Stats. 2014, Ch. 604, Sec. 2. (AB 2193) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 1657.)
16510.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. )
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Definitions in this chapter control how this division is interpreted.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16510. The definition in this chapter shall govern the construction of this division. (Added by Stats. 1986, Ch. 1186, Sec. 1.)
16511.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. )
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This section defines “Klamath River Indian Tribes.”

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16511. “Klamath River Indian Tribes” means those tribes existing within the boundaries of the Yurok Reservation and the Hoopa Valley Reservation, located in Humboldt and Del Norte Counties in California, which tribes are recognized as Indian tribes by the Secretary of the Interior. (Amended by Stats. 1990, Ch. 1633, Sec. 8.)
16512.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. )
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This section defines “take” to include pursuing, catching, capturing, killing, or trying to do any of those acts.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16512. “Take” means pursue, catch, capture, or kill, or attempt to pursue, catch, capture, or kill. (Added by Stats. 1986, Ch. 1186, Sec. 1.)
16513.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. )
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This section defines “traditional Indian fishing practice” as a fishing method recognized in the customs and traditions of the Klamath River Indian Tribes.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16513. “Traditional Indian fishing practice” means a mode, method, or way of taking fish that is recognized in the customs and traditions of the Klamath River Indian Tribes. (Added by Stats. 1986, Ch. 1186, Sec. 1.)
16514.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. )
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This section defines “Yurok Reservation” and “Hoopa Valley Reservations.”

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16514. “Yurok Reservation” means the land extending one mile in width on each side of the Klamath River from the mouth of the Klamath River to the confluence of the Trinity and Klamath Rivers. “Hoopa Valley Reservations” means those lands lying within the Hoopa Square. (Amended by Stats. 1990, Ch. 1633, Sec. 9.)
16515.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. )
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This section defines “disputed area” for Indian fishing on the Klamath or Trinity River.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16515. “Disputed area” means that part of the Klamath River or Trinity River where jurisdiction to regulate Indian fishing is asserted by both the State of California and by one or more of the Indian tribes in the Klamath River Indian Tribes or by the United States government acting as trustee therefor. (Added by Stats. 1986, Ch. 1186, Sec. 1.)
16516.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. )
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“Subsistence purposes” means fish or game taken by qualified Indian tribal members of the Klamath River Indian Tribes for personal consumption by those members or their immediate families.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16516. “Subsistence purposes” means fish or game taken by qualified Indian tribal members of the Klamath River Indian Tribes for personal consumption by the tribal members or their immediate families. (Added by Stats. 1986, Ch. 1186, Sec. 1.)
16517.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. )
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This section defines “ceremonial or religious purposes” for this chapter.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16517. “Ceremonial or religious purposes” means fish taken by qualified Indian tribal members of the Klamath River Indian Tribes for recognized religious or ceremonial activities, which activities are consistent with the customs and traditions of the particular tribe in the Klamath River Indian Tribes. (Added by Stats. 1986, Ch. 1186, Sec. 1.)
16518.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. )
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This section defines “commercial fishing” as taking fish by qualified Indian tribal members of the Klamath River Indian Tribes for sale, or to be offered for sale, within California.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16518. “Commercial fishing” means the taking of fish by qualified Indian tribal members of the Klamath River Indian Tribes, for sale or to be offered for sale within California. (Added by Stats. 1986, Ch. 1186, Sec. 1.)
1652.
## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. )
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A project proponent may request approval of a habitat restoration or enhancement project, and the director must approve it within 60 days if the request is complete and the project meets the statutory requirements.

## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. ) ## 1652. (a) A project proponent may submit a written request to approve a habitat restoration or enhancement project to the director pursuant to this section if the project has not received certification pursuant to the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its current equivalent at the time the project proponent submits the written request. If the project has received certification pursuant to that order, or its current equivalent, the project proponent may submit a request for approval of the project pursuant to Section 1653. (b) A written request to approve a habitat restoration or enhancement project pursuant to this section shall contain all of the following: (1) The name, address, title, organization, telephone number, and email address of the natural person or persons who will be the main point of contact for the project proponent. (2) A full description of the habitat restoration or enhancement project that includes the designs and techniques to be used for the project, restoration or enhancement methods, an estimate of temporary restoration- or enhancement-related disturbance, project schedule, anticipated activities, and how the project is expected to result in a net benefit to any affected habitat and species, consistent with paragraph (4) of subdivision (c). (3) An assessment of the project area that provides a description of the existing flora and fauna and the potential presence of sensitive species or habitat. The assessment shall include preproject photographs of the project area that include a descriptive title, date taken, the photographic monitoring point, and photographic orientation. (4) A geographic description of the project site including maps, land ownership information, and other relevant location information. (5) A description of the environmental protection measures incorporated into the project design, so that no potentially significant adverse effects on the environment, as defined in Section 15382 of Title 14 of the California Code of Regulations, are likely to occur with application of the specified environmental protection measures. Environmental protection measures may include, but are not limited to, appropriate seasonal work limitations, measures to avoid and minimize impacts to water quality and potentially present species protected by state and federal law, and the use of qualified professionals for standard preconstruction surveys where protected species are potentially present. (6) Substantial evidence to support a conclusion that the project meets the requirements set forth in this section. Substantial evidence shall include references to relevant design criteria and environmental protection measures found in the documents specified in paragraph (4) of subdivision (c). (7) A certifying statement that the project will comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), which may include, but not be limited to, the requirements of Section 15333 of Title 14 of the California Code of Regulations. (c) Notwithstanding any other law, within 60 days after receiving a written request to approve a habitat restoration or enhancement project, the director shall approve a habitat restoration or enhancement project if the director determines that the written request includes all of the required information set forth in subdivision (b), and the project meets all of the following requirements: (1) The project purpose is voluntary habitat restoration and the project is not required as mitigation. (2) The project is not part of a regulatory permit for a nonhabitat restoration or enhancement construction activity, a regulatory settlement, a regulatory enforcement action, or a court order. (3) The project meets the eligibility requirements of the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its current equivalent at the time the project proponent submits the written request, but has not received certification pursuant to that order or its equivalent. (4) The project is consistent with, or identified in, sources that describe best available restoration and enhancement methodologies, including one or more of the following: (A) Federal- and state-listed species recovery plans or published protection measures, or previously approved department agreements and permits issued for voluntary habitat restoration or enhancement projects. (B) Department and National Marine Fisheries Service fish screening criteria or fish passage guidelines. (C) The department’s California Salmonid Stream Habitat Restoration Manual. (D) Guidance documents and practice manuals that describe best available habitat restoration or enhancement methodologies that are utilized or approved by the department. (5) The project will not result in cumulative adverse environmental impacts that are significant when viewed in connection with the effects of past, current, or probable future projects. (d) If the director determines that the written request does not contain all of the information required by subdivision (b), or fails to meet the requirements set forth in subdivision (c), or both, the director shall deny the written request and inform the project proponent of the reason or reasons for the denial. (e) The project proponent shall submit a notice of completion to the department no later than 30 days after the project approved pursuant to this section is completed. The notice of completion shall demonstrate that the project has been carried out in accordance with the project’s description. The notice of completion shall include a map of the project location, including the final boundaries of the restoration area or areas and postproject photographs. Each photograph shall include a descriptive title, date taken, photographic monitoring point, and photographic orientation. (f) The project proponent shall submit a monitoring report describing whether the restoration project is meeting each of the restoration goals stated in the project application. Each report shall include photographs with a descriptive title, date taken, photographic monitoring point, and photographic orientation. The monitoring reports for Section 401 Water Quality Certification or waste discharge requirements of the State Water Resources Control Board or a regional water quality control board, or for department or federal voluntary habitat restoration programs, including, but not limited to, the Fisheries Restoration Grant Program, may be submitted in lieu of this requirement. (Amended by Stats. 2015, Ch. 303, Sec. 165. (AB 731) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 1657.)
16520.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. )
Verify source ↗

This section defines “Klamath Fishery Management Council.”

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 2. General Provisions and Definitions [16510 - 16520] ( Chapter 2 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16520. “Klamath Fishery Management Council” means that council created pursuant to Section 460ss–2 of Title 16 of the United States Code that is composed of one representative each from the department, the Pacific Fishery Management Council, National Marine Fisheries Service, Department of the Interior, Oregon Department of Fish and Wildlife, the Hoopa Valley Business Council, non-Hoopa Indians, the California commercial salmon fishing industry, the Oregon commercial salmon fishing industry, the Klamath River in-river sportfishing community, and the California offshore recreational fishing industry. (Amended by Stats. 2015, Ch. 154, Sec. 118. (AB 1527) Effective January 1, 2016.)
1653.
## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. )
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A project proponent may request approval of a habitat restoration or enhancement project, and the director must publish notice and decide whether the request is complete within 30 days.

## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. ) ## 1653. (a) A project proponent may submit a written request to approve a habitat restoration or enhancement project to the director pursuant to this section if the project has received certification pursuant to the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its current equivalent at the time the project proponent submits the written request. (b) A written request to approve a habitat restoration or enhancement project pursuant to this section shall include all of the following: (1) Notice that the project proponent has received a notice of applicability that indicates that the project is authorized pursuant to the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its equivalent at the time the project proponent submits the written request. (2) A copy of the notice of applicability. (3) A copy of the notice of intent provided to the State Water Resources Control Board or a regional water quality control board. (4) A description of species protection measures incorporated into the project design, but not already included in the notice of intent, to avoid and minimize impacts to potentially present species protected by state and federal law, such as appropriate seasonal work limitations and the use of qualified professionals for standard preconstruction surveys where protected species are potentially present. (5) The fees required pursuant to Section 1655. (c) Upon receipt of the notice specified in paragraph (1) of subdivision (b), the director shall immediately have published in the General Public Interest section of the California Regulatory Notice Register the receipt of that notice. (d) Within 30 days after the director has received the notice of applicability described in subdivision (b), the director shall determine whether the written request accompanying the notice of applicability is complete. (e) If the director determines within that 30-day period, based upon substantial evidence, that the written request is not complete, then the project may be authorized under Section 1652. (f) The director shall immediately publish the determination pursuant to subdivision (d) in the General Public Interest section of the California Regulatory Notice Register. (g) The project proponent shall submit the monitoring plan, monitoring report, and notice of completion to the department as required by the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its current equivalent at the time the project proponent submits the written request. The order or its current equivalent may include programmatic waivers or waste discharge requirements for small scale restoration projects. (Amended by Stats. 2015, Ch. 303, Sec. 166. (AB 731) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 1657.)
16530.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16530 - 16532] ( Chapter 3 added by Stats. 1986, Ch. 1186, Sec. 1. )
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The director may make an agreement or compact with specified tribal or federal parties about taking fish from the Trinity or Klamath Rivers in the listed reservation areas.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16530 - 16532] ( Chapter 3 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16530. The director may enter into a mutual agreement or compact with the Hoopa Valley Business Council regarding the taking of fish from the Trinity River within the exterior boundaries of the Hoopa Valley Reservation or with the Yurok Tribe, or the Bureau of Indian Affairs acting as trustee for the Yurok Indians, regarding the taking of fish from the Klamath River within the exterior boundaries of the Yurok Reservation. (Amended by Stats. 1990, Ch. 1633, Sec. 10.)
16531.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16530 - 16532] ( Chapter 3 added by Stats. 1986, Ch. 1186, Sec. 1. )
Verify source ↗

Annual negotiations must occur after the yearly salmon allocation agreement is completed, and any agreement or compact under this division must reflect those allocations.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16530 - 16532] ( Chapter 3 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16531. Negotiations shall take place following the completion each year of the salmon allocation agreement recommended by the Klamath Fishery Management Council, and subsequently adopted by the Pacific Fishery Management Council and the United States Department of Commerce. Any agreement or compact under this division shall reflect those allocations. (Amended by Stats. 1987, Ch. 1422, Sec. 9.)
16532.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16530 - 16532] ( Chapter 3 added by Stats. 1986, Ch. 1186, Sec. 1. )
Verify source ↗

A compact or agreement may allow commercial salmon sales and traditional Indian fishing methods for qualified Klamath River Indian Tribes members, if it also separates commercial from subsistence salmon, limits the number sold, and directs part of the sales to tribal members or programs.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 3. Negotiation and Approval of Agreement [16530 - 16532] ( Chapter 3 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16532. Notwithstanding Sections 8434, 8685.5, 8685.6, and 8685.7, the compact or agreement may include provisions for commercial sales of salmon allocated to qualified Indian members of the Klamath River Indian Tribes and that the salmon may be taken by traditional Indian methods, including, but not limited to, use of gill nets, if the agreement or compact includes provisions for all of the following: (a) Separating the salmon taken for commercial purposes from the salmon taken for subsistence use, which may include tagging or marking of the salmon to be sold. (b) Limiting the number of the salmon to be sold. (c) A portion of the sales to benefit the members or programs of the Klamath River Indian Tribes in accordance with the wishes of the tribes or the Bureau of Indian Affairs acting on behalf of the tribes as trustee. (Amended by Stats. 1987, Ch. 1422, Sec. 10.)
1654.
## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. )
Verify source ↗

The director’s approval can replace other department permits for certain habitat restoration or enhancement projects, but the project may be suspended or approval revoked if it no longer meets the specified 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. ) ## 1654. (a) The director’s approval of a habitat restoration or enhancement project pursuant to Section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or other approval issued by the department, including, but not limited to, those issued pursuant to Chapter 6 (commencing with Section 1600) and Chapter 10 (commencing with Section 1900) of this division and Chapter 1.5 (commencing with Section 2050) of Division 3. (b) This chapter shall not be construed as expanding the scope of projects requiring a permit, agreement, license, or other approval issued by the department. (c) (1) If the director determines at any time that the project is no longer consistent with subdivision (c) of Section 1652 or subdivision (b) of Section 1653, as applicable, due to a material change between the project as submitted and the project being implemented or a change in the environmental circumstances in the area of implementation, the director shall notify the project proponent in writing and project implementation shall be suspended. Written notice from the director shall be delivered in person, by certified mail, or by electronic communication to the project proponent and shall specify the reasons why approval of the project was suspended. The approval for a project shall not be revoked pursuant to this subdivision unless it has first been suspended pursuant to this subdivision. (2) Within 30 days of receipt of a notice of suspension, the project proponent may file an objection with the director. Any objection shall be in writing and state the reasons why the project proponent objects to the suspension. The project proponent may provide additional environmental protection measures, design modifications, or other evidence that the project is consistent with subdivision (c) of Section 1652 or subdivision (b) of Section 1653, as applicable, and request that the notice of suspension be lifted and approval granted. (3) The director shall revoke approval or lift the suspension of project approval within 30 days after receiving the project proponent’s objection pursuant to paragraph (2). (d) Pursuant to Section 818.4 of the Government Code, the department and any other state agency exercising authority under this section shall not be liable with regard to any determination or authorization made pursuant to this section. (Amended by Stats. 2015, Ch. 303, Sec. 167. (AB 731) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 1657.)
16540.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 4. Enforceability of an Agreement or Compact [16540 - 16541] ( Chapter 4 added by Stats. 1986, Ch. 1186, Sec. 1. )
Verify source ↗

An agreement or compact under this division is enforceable by the parties only to the extent and in the form provided in the agreement or compact itself.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 4. Enforceability of an Agreement or Compact [16540 - 16541] ( Chapter 4 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16540. Any agreement or compact entered into pursuant to this division shall be enforceable by the parties only to the extent and in the form or forms provided for under the terms of the agreement or compact. (Added by Stats. 1986, Ch. 1186, Sec. 1.)
16541.
## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 4. Enforceability of an Agreement or Compact [16540 - 16541] ( Chapter 4 added by Stats. 1986, Ch. 1186, Sec. 1. )
Verify source ↗

The department may adopt regulations tied to certain agreements or compacts, and those regulations must be applied and enforced according to the agreement or compact’s express terms.

## Fish and Game Code - FGC ## DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500 - 16541] ( Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## CHAPTER 4. Enforceability of an Agreement or Compact [16540 - 16541] ( Chapter 4 added by Stats. 1986, Ch. 1186, Sec. 1. ) ## 16541. The department may adopt regulations consistent with the provisions of any agreement or compact entered into pursuant to Section 16530 or 16531. The application and enforcement of those regulations shall be in accordance with the express provisions of the agreement or compact. (Added by Stats. 1986, Ch. 1186, Sec. 1.)
1655.
## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. )
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The department may accept funds for this chapter, must deposit any received funds into the account, and must charge project application fees that do not exceed its reasonable administrative and implementation 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. ) ## 1655. (a) The Habitat Restoration and Enhancement Account is hereby created in the Fish and Game Preservation Fund. (b) The department may enter into an agreement to accept funds from any public agency, person, business entity, or organization to achieve the purposes of this chapter. The department shall deposit any funds so received in the account. The funds received shall supplement existing resources for department administration and permitting of projects and programs included in this chapter. (c) The department shall assess an application fee for a project submitted to the department pursuant to Section 1652 or 1653 consistent with the fees adopted by the department pursuant to Chapter 6 (commencing with Section 1600), but the application fee shall not exceed the reasonable administrative and implementation costs of the department relating to the project. (d) Moneys in the account shall be available to the department, upon appropriation by the Legislature, for the purposes of administering and implementing this chapter. (Added by Stats. 2014, Ch. 604, Sec. 2. (AB 2193) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 1657.)
1656.
## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. )
Verify source ↗

The department must submit reports to the Legislature about implementation of this chapter by December 31, 2020 and December 31, 2025.

## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. ) ## 1656. (a) The department shall submit a report no later than December 31, 2020, and an additional report no later than December 31, 2025, on the implementation of this chapter to the Legislature that shall include, but not be limited to, the number, type, and geographical distribution of approved projects, funding adequacy, and recommendations for changes and improvements in the program. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 735, Sec. 1. (SB 716) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 1657.)
1657.
## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. )
Verify source ↗

This chapter stays in force until January 1, 2027, and is repealed on that date.

## 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 6.5. Habitat Restoration and Enhancement Act [1650 - 1657] ( Chapter 6.5 added by Stats. 2014, Ch. 604, Sec. 2. ) ## 1657. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2021, Ch. 735, Sec. 2. (SB 716) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 6.5, commencing with Section 1650.)
1660.
## 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 6.6. Voluntary Stream Restoration Property Owner Liability [1660- 1660.] ( Chapter 6.6 added by Stats. 2021, Ch. 580, Sec. 2. )
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A qualifying state agency must indemnify and hold harmless certain real property owners for project-related civil liability when specified 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 6.6. Voluntary Stream Restoration Property Owner Liability [1660- 1660.] ( Chapter 6.6 added by Stats. 2021, Ch. 580, Sec. 2. ) ## 1660. (a) A qualifying state agency that funds a project to restore fish and wildlife habitats shall indemnify and hold harmless a real property owner who voluntarily allows their real property to be used for the project from civil liability for property damage or personal injury resulting from the project if all of the following requirements are met: (1) The project is authorized pursuant to Section 1602, 1652, or 1653. (2) The project has received all approvals required under Part 1 (commencing with Section 6000) of Division 3 of the Water Code or Division 7 (commencing with Section 13000) of the Water Code. (3) The liability arises from the construction, design specifications, surveying, planning, supervision, testing, or observation of construction related to the project. (4) The real property owner does not perform, or retain any person or entity to perform, any construction, design specifications, surveying, planning, supervising, testing, or observation of construction related to the project. (5) The project qualifies for an exemption from Division 13 (commencing with Section 21000) of the Public Resources Code as a small habitat restoration project under guidelines adopted by the Secretary of the Natural Resources Agency pursuant to Section 21084 of the Public Resources Code. (b) In the case of a project that does not meet the requirements prescribed in paragraph (5) of subdivision (a), but meets all other requirements of subdivision (a), a qualifying state agency may indemnify and hold harmless a real property owner who voluntarily allows their real property to be used for the project from civil liability for property damage or personal injury resulting from the project. (c) A qualifying state agency may develop any guidelines, forms, or contracts necessary to implement subdivision (a). Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development, adoption, or amendment of guidelines, forms, or contracts pursuant to this subdivision. (d) A qualifying state agency may enter into an agreement with the United States government, or subdivision thereof, to share the cost of any civil liability incurred pursuant to subdivision (a) or (b). (e) (1) The costs of any civil liability incurred by a qualifying state agency pursuant to subdivision (a) or (b) shall be processed without delay and paid from the General Fund, and those costs shall be submitted as a claim against the qualifying state agency by the real property owner pursuant to Section 905.2 of the Government Code. (2) The costs incurred by a qualifying state agency in investigating, settling, or defending against any claim pursuant to subdivision (a) or (b) shall be paid from the General Fund, in accordance with Section 965 of the Government Code. (f) This section shall not be construed to alter any existing rights, duties, or obligations arising from Title 12 (commencing with Section 2772) of Part 4 of Division 3 of the Civil Code. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (h) For purposes of this section, a “qualifying state agency” means the Natural Resources Agency and the California Environmental Protection Agency, as well as all boards, commissions, conservancies, and departments within the jurisdiction of those agencies. (Amended by Stats. 2022, Ch. 325, Sec. 1. (AB 1906) Effective September 15, 2022.)
1670.
## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. )
Verify source ↗

This section names the chapter the Restoration Management Permit Act and says it may be cited by that name.

## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. ) ## 1670. This chapter shall be known as, and may be cited as, the Restoration Management Permit Act. (Added by Stats. 2024, Ch. 681, Sec. 2. (AB 1581) Effective January 1, 2025. Repealed as of January 1, 2035, pursuant to Section 1678.)
1671.
## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. )
Verify source ↗

This section defines key terms used in the Restoration Management Permit Act and says the department must consider specified factors when deciding whether a project has a substantial net benefit.

## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. ) ## 1671. As used in this chapter: (a) “Baseline conditions” means existing native fish, wildlife, or plant population sizes, and the extent and quality of native fish, wildlife, or plant habitat in the area that would be affected by a qualifying restoration project. Fish, wildlife, plant, or habitat restoration activities required to satisfy avoidance, minimization, or mitigation requirements, or any combination of those requirements, for regulatory permits or approvals, regulatory enforcement actions or settlements, court orders, or other enforceable legal obligations shall be considered part of the baseline conditions, and those activities shall not count toward a substantial net benefit. (b) “Management” means an activity, such as restoration of native fish, wildlife, plants, or their habitat and propagation, that will benefit, aid the conservation of, and assist in the recovery of a native fish, wildlife, or plant species. (c) “Propagation” means activities that help sustain or increase native fish, wildlife, or plant populations for scientific, conservation, management, or educational purposes. (d) (1) “Qualifying restoration project” means a management or propagation project that has the primary purpose of restoring native fish, wildlife, plants, or their habitat and that would result in a substantial net benefit to any one or more of the following, as determined by the department: (A) Native fish. (B) Native wildlife. (C) Native plants. (D) The habitat of native fish, native wildlife, or native plants. (2) A qualifying restoration project may also have secondary or incidental benefits, including, but not limited to, flood risk reduction, recreation, or groundwater recharge. (e) “Substantial net benefit” means a substantial, cumulative benefit to native fish, wildlife, plants, or their habitat, or any combination thereof, above baseline conditions that the department reasonably expects to result from a qualifying restoration project. In determining whether the department reasonably expects a qualifying restoration project to result in a substantial net benefit, the department shall consider the duration of the qualifying restoration project, all impacts on native fish, wildlife, plants, or their habitat, or any combination thereof, from the qualifying restoration project, and any other information the department determines to be relevant. A substantial net benefit shall assist either directly or indirectly in the recovery of native fish, wildlife, plants, or their habitat, or any combination thereof. (Added by Stats. 2024, Ch. 681, Sec. 2. (AB 1581) Effective January 1, 2025. Repealed as of January 1, 2035, pursuant to Section 1678.)
1672.
## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. )
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The department may issue restoration management permits for qualifying restoration projects and may authorize specified take, possession, import, or export activities for listed species and other wildlife or plant life, subject to permit terms and 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. ) ## 1672. (a) The department may issue a restoration management permit to authorize take, possession, import, or export of any species or subspecies of fish, wildlife, or plant in association with a qualifying restoration project and to authorize any impacts to fish and wildlife resources as a result of activities otherwise subject to Section 1602, all pursuant to terms and conditions determined by the department. (b) The department may authorize the take, possession, import, or export of any endangered species, threatened species, or candidate species designated pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project. (c) The department may authorize the take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish designated pursuant to Section 3511, 4700, 5050, or 5515 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project. The take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish that is authorized through a restoration management permit for a qualifying restoration project shall not be subject to Section 3511, 4700, 5050, or 5515. (d) The department may authorize the take, possession, import, or export of any plant species designated as rare pursuant to Chapter 10 (commencing with Section 1900) for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project. (e) The department may authorize the take, possession, import, or export of any fish, amphibian, reptile, mammal, bird, or the nests or eggs thereof, or any other form of plant or animal life not subject to subdivisions (b) through (d), inclusive, for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project. (f) If a qualifying restoration project includes the substantial diversion or obstruction of the natural flow of, or substantial change or use of any material from the bed, channel, or bank of, any river, stream, or lake and the department determines the activity may substantially adversely affect an existing fish or wildlife resource, the department may authorize those activities through a restoration management permit. The department shall include reasonable measures necessary to protect that resource in the restoration management permit for the qualifying restoration project. (Amended by Stats. 2025, Ch. 67, Sec. 74. (AB 1170) Effective January 1, 2026. Repealed as of January 1, 2035, pursuant to Section 1678.)
1673.
## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. )
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The department may create a restoration management permit application, and applicants may suggest existing protective measures. Any permit application must include specified project, contact, timing, and environmental information, plus fees and other documents if required.

## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. ) ## 1673. (a) The department may develop a permit application for restoration management permits. When applying for a restoration management permit, an applicant may propose protective measures contained within existing local, state, or federal agency authorizations for the applicant’s project or related documents to assist the department with developing restoration management permits that maximize consistency with other agency authorizations to the extent practicable. (b) An application for a restoration management permit shall include all of the following: (1) The appropriate application fee, if any, not to exceed the department’s reasonable costs, as determined by the department. (2) The full name, mailing address, email address, and telephone number of the applicant. If the applicant is a corporation, firm, partnership, association, institution, or public or private agency, the name and address of the applicant, in addition to the name and address of the person responsible for the project. (3) The project name and location, including latitude and longitude centroid in decimal degrees, and a project map. (4) The estimated or desired project start and end dates. (5) A detailed description of the project activities and desired outcomes, including, but not limited to, restoration plans and drawings. (6) A detailed description of the area where the project will be carried out, including the project size, habitat types, and biological setting. (7) A description of the department authorization or authorizations described in Section 1672 that the applicant is seeking for the project. (8) A detailed description of baseline conditions for all areas that may be affected by the project. (9) A detailed description of how the project satisfies the definition of qualifying restoration project set forth in Section 1671, including a detailed description of the expected benefit to native fish, wildlife, plants, or their habitat, or any combination thereof, above baseline conditions. (10) If the applicant is seeking one or more take authorizations pursuant to Section 1672, the applicant shall provide all of the following: (A) A list of species for which the applicant is seeking one or more take authorizations. (B) A detailed description of the types of species take, including pursue, catch, capture, or kill, and the mechanisms by which species take would occur. (C) An estimate of the number of individuals that would be taken, based on population numbers, or a proxy estimate based on the amount of suitable habitat, for each species for which the applicant is seeking one or more take authorizations. (D) Species protection measures proposed by the applicant to minimize the impacts of the potential take, including any measures required or expected to be required in other approvals or permits. (11) If the applicant is seeking an authorization pursuant to Section 1672 for activities that would otherwise be subject to Section 1602, the applicant shall provide all of the following: (A) A detailed description of anticipated temporary and permanent impacts to any affected river, stream, or lake. (B) Proposed feasible measures to protect any river, stream, or lake and to minimize project impacts, including any measures required or expected to be required in other approvals or permits. (12) A copy of any other federal, state, or local permit or agreement already issued for the project. (13) Copies of any final documents prepared for the project pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, including, but not limited to, environmental impact reports, mitigated negative declarations, negative declarations, notices of determination, and notices of exemption. (14) Any other information the department determines to be necessary. (Added by Stats. 2024, Ch. 681, Sec. 2. (AB 1581) Effective January 1, 2025. Repealed as of January 1, 2035, pursuant to Section 1678.)
1674.
## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. )
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This section creates the Restoration Management Permit Program Fund in the State Treasury and lets the department set permit fee schedules, as long as the fees do not exceed the department’s reasonable 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. ) ## 1674. (a) The Restoration Management Permit Program Fund is hereby established in the State Treasury. (b) The department may establish a schedule of fees to be charged for all or a portion of the department’s costs relating to the administration of restoration management permits, not to exceed the department’s reasonable costs. (c) Fees received pursuant to this section shall be deposited in the Restoration Management Permit Program Fund. (Added by Stats. 2024, Ch. 681, Sec. 2. (AB 1581) Effective January 1, 2025. Repealed as of January 1, 2035, pursuant to Section 1678.)
1675.
## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. )
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The department must post specified rules and permit materials on its website, and it must require species protection, management, monitoring, and reporting measures in each restoration management permit.

## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. ) ## 1675. (a) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall apply to the development, adoption, or amendment of any rules, instructions, or criteria pursuant to this chapter, but not to the development, adoption, or amendment of permit applications or guidance materials. All rules, instructions, criteria, permit applications, and guidance materials shall be posted on the department’s internet website. (b) The department shall require appropriate species protection, management, monitoring, and reporting measures in each restoration management permit issued by the department. (Added by Stats. 2024, Ch. 681, Sec. 2. (AB 1581) Effective January 1, 2025. Repealed as of January 1, 2035, pursuant to Section 1678.)
1676.
## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. )
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The department must post a list and description of each qualifying restoration project on its website and must submit a detailed report to the Legislature by January 1, 2034.

## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. ) ## 1676. (a) The department shall post on its internet website a list and description of every qualifying restoration project permitted by the department pursuant to this chapter. The description shall note the county or counties and the watershed or watersheds in which each project is located. (b) On or before January 1, 2034, the department shall submit a report to the Legislature that evaluates the impacts and outcomes of this chapter on the pace and scale of restoration projects. The report shall be submitted in compliance with Section 9795 of the Government Code and shall include all of the following: (1) A list and description of every qualifying restoration project permitted by the department pursuant to this chapter. The description shall note the county or counties and the watershed or watersheds in which each project is located. (2) The number of days to process each permit, including a discussion of the reasons for any permitting delays. (3) Identification of any qualifying restoration projects permitted by the department that also qualified for an exemption from the California Environmental Quality Act pursuant to Section 21080.56 of the Public Resources Code. (4) An analysis of the impacts and outcomes of this chapter, including whether the implementation of this chapter helped to reduce permit processing times for restoration projects. (5) Recommendations to improve the program. (Added by Stats. 2024, Ch. 681, Sec. 2. (AB 1581) Effective January 1, 2025. Repealed as of January 1, 2035, pursuant to Section 1678.)
1677.
## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. )
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The department must not issue a restoration management permit for isolated Delta conveyance 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. ) ## 1677. The department shall not issue a restoration management permit for the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance facilities. (Added by Stats. 2024, Ch. 681, Sec. 2. (AB 1581) Effective January 1, 2025. Repealed as of January 1, 2035, pursuant to Section 1678.)
1678.
## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. )
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This chapter stays in force only until January 1, 2035, and is repealed on that date.

## 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 6.7. Restoration Management Permit Act [1670 - 1678] ( Chapter 6.7 added by Stats. 2024, Ch. 681, Sec. 2. ) ## 1678. This chapter shall remain in effect only until January 1, 2035, and as of that date is repealed. (Added by Stats. 2024, Ch. 681, Sec. 2. (AB 1581) Effective January 1, 2025. Repealed as of January 1, 2035, by its own provisions. Note: Repeal affects Chapter 6.7, commencing with Section 1670.)
17.
## 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. )
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This section defines “aquaculture” and excludes certain ornamental marine or freshwater plants and animals kept in closed systems for personal, pet industry, or hobby purposes when they are not used for human consumption or bait.

## 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. ) ## 17. “Aquaculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. “Aquaculture” does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes, however, these species continue to be regulated under Chapter 2 (commencing with Section 2116) of Division 3. (Amended by Stats. 1983, Ch. 131, Sec. 1. Effective June 27, 1983.)
1700.
## 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 7. Conservation of Aquatic Resources [1700- 1700.] ( Chapter 7 added by Stats. 1970, Ch. 88. )
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The state declares a policy to conserve and use ocean and other waters’ living resources, and to support fisheries and commercial aquaculture.

## 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 7. Conservation of Aquatic Resources [1700- 1700.] ( Chapter 7 added by Stats. 1970, Ch. 88. ) ## 1700. It is hereby declared to be the policy of the state to encourage the conservation, maintenance, and utilization of the living resources of the ocean and other waters under the jurisdiction and influence of the state for the benefit of all the citizens of the state and to promote the development of local fisheries and distant-water fisheries based in California in harmony with international law respecting fishing and the conservation of the living resources of the oceans and other waters under the jurisdiction and influence of the state. This policy shall include all of the following objectives: (a) The maintenance of sufficient populations of all species of aquatic organisms to insure their continued existence. (b) The recognition of the importance of the aesthetic, educational, scientific, and nonextractive recreational uses of the living resources of the California Current. (c) The maintenance of a sufficient resource to support a reasonable sport use, where a species is the object of sport fishing, taking into consideration the necessity of regulating individual sport fishery bag limits to the quantity that is sufficient to provide a satisfying sport. (d) The growth of local commercial fisheries, consistent with aesthetic, educational, scientific, and recreational uses of such living resources, the utilization of unused resources, taking into consideration the necessity of regulating the catch within the limits of maximum sustainable yields, and the development of distant-water and overseas fishery enterprises. (e) The management, on a basis of adequate scientific information promptly promulgated for public scrutiny, of the fisheries under the state’s jurisdiction, and the participation in the management of other fisheries in which California fishermen are engaged, with the objective of maximizing the sustained harvest. (f) The development of commercial aquaculture. (Amended by Stats. 1982, Ch. 1486, Sec. 4.)
1725.
## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. )
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This section names the act as the Trout and Steelhead Conservation and Management Planning Act of 1979.

## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. ) ## 1725. This act shall be known as the Trout and Steelhead Conservation and Management Planning Act of 1979. (Added by Stats. 1979, Ch. 847.)
1726.
## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. )
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The state policy is to maintain wild trout stocks, set angling regulations to support natural reproduction, and discourage planting hatchery-raised hybrid or nonnative fish in wild trout waters or other areas that could harm native species.

## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. ) ## 1726. The Legislature hereby finds and declares that it is the policy of the state to do all of the following: (a) Establish and maintain wild trout stocks, that, to the extent possible, should be native fish, in suitable waters of the state that are readily accessible to the general public as well as in those waters in remote areas. (b) Establish angling regulations designed to maintain the wild trout fishery in those waters by natural reproduction. (c) Discourage artificial planting of hatchery-raised hybrid and nonnative fish species in wild trout waters or in other areas that would adversely affect native aquatic and nonaquatic species. (Amended by Stats. 2012, Ch. 565, Sec. 6. (SB 1148) Effective January 1, 2013.)
1726.1.
## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. )
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The Legislature states several findings about trout management and says the department shall seek to provide and enhance diverse recreational angling opportunities in California.

## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. ) ## 1726.1. The Legislature further finds and declares all of the following: (a) Hatchery production and stocking of California’s waters started over 140 years ago and is an enduring part of California’s history and attempts to steward its natural resources. (b) Sustainable and adaptive management provides and improves recreational angling opportunities while protecting and maintaining native and wild trout fisheries, other species, and their mutual habitat. (c) Management of the genetic diversity of California’s native trout species is imperative. (d) Habitat restoration and the protection of cold water ecosystems are both of utmost importance to maintaining healthy wild trout populations, ensuring and promoting angler opportunities, and the sustainability of the inland trout fishery. (e) The department shall seek to provide and enhance diverse recreational angling opportunities in California. (Added by Stats. 2012, Ch. 565, Sec. 7. (SB 1148) Effective January 1, 2013.)
1726.4.
## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. )
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The department must keep and update an inventory of California trout streams and lakes, use it to set angling regulations, and publish it online. The provision also limits any new authority over private land without the owner’s written consent.

## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. ) ## 1726.4. (a) For the purposes of this chapter, “trout” includes steelhead trout. (b) The department, in administering its existing wild trout program, shall maintain an inventory of all California trout streams and lakes to determine the most suitable angling regulations for each stream or lake. The department shall determine for each stream or lake whether it should be managed as a wild trout fishery, or whether its management should involve the temporary planting of native trout species to supplement wild trout populations that is consistent with this chapter. In maintaining the inventory, the department shall give priority to those streams and lakes that have the highest biological potential for producing sizeable wild trout, which are inhabited by rare species, or where the quality of the fishery is threatened or endangered and take into consideration public use. The biological and physical inventories prepared and maintained for each stream, stream system, or lake shall include an assessment of the resource status, threats to the continued well-being of the fishery resource, the potential for fishery resource development, and recommendations, including necessary changes in the allowed take of trout, for the development of each stream or lake to its full capacity as a fishery, consistent with this chapter. (c) This section does not provide any public entity or private party with any new or additional authority to affect the management of, or access to, any private land without the written consent of the owner. Privately owned lakes and ponds not open to the use of the general public shall be subject to this section only with the written consent of the owner. This chapter shall not be construed as authorizing or requiring special treatment of adjacent land areas or requiring land use restrictions. It is the intent of the Legislature that this chapter should not diminish the existing authority of the department. (d) The department shall make the inventory maintained pursuant to subdivision (b) publicly available on the department’s Internet Web site and the department shall continuously revise that inventory with the goal of reviewing every watershed once per decade. (Amended by Stats. 2012, Ch. 565, Sec. 8. (SB 1148) Effective January 1, 2013.)
1726.5.
## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. )
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Activities and programs mandated by this chapter are treated as a continuation of the department’s existing wild trout and related programs, and they are to be funded from existing budgetary resources.

## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. ) ## 1726.5. The Legislature further finds and declares that activities and programs mandated by this chapter are a continuation and perpetuation of the department’s existing wild trout program and other programs, and as such they shall be funded from existing budgetary resources. (Added by Stats. 1979, Ch. 847.)
1727.
## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. )
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The department must prepare lists and management plans for wild trout waters, and the commission may remove designated waters from the program.

## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. ) ## 1727. (a) In order to provide for a diversity of available angling experiences throughout the state, it is the intent of the Legislature that the commission maintain the existing wild trout program, and as part of the program, develop additional wild trout waters in the more than 20,000 miles of trout streams and approximately 5,000 lakes containing trout in California. (b) The department shall prepare a list of no less than 25 miles of stream or stream segments and at least one lake that it deems suitable for designation as wild trout waters. The department shall submit this list to the commission for its consideration at the regular October commission meeting. (c) The commission may remove any stream or lake that it has designated as a wild trout fishery from the program at any time. If any of those waters are removed from the program, an equivalent amount of stream mileage or an equivalent size lake shall be added to the wild trout program. (d) The department shall prepare and complete management plans for all wild trout waters not more than three years following their initial designation by the commission and update the management plan every five years following completion of the initial management plan. (Amended by Stats. 2013, Ch. 275, Sec. 4. (AB 1420) Effective January 1, 2014.)
1728.
## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. )
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The department must update and prepare trout management plans on set timelines, have the strategic plan reviewed before implementation, and make the plans publicly available.

## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. ) ## 1728. (a) Every five years the department shall update the Strategic Plan for Trout Management published in November 2003 as necessary to guide the state’s trout management. (b) The Strategic Plan for Trout Management shall be intended to ensure all of the following: (1) Thriving and self-sustaining, wild and native trout populations throughout their historic ranges. (2) Providing and improving angling opportunities for wild and native trout and other trout. (3) Providing for the conservation of wild and native trout. (4) Environmental sustainability and overall ecosystem and watershed health. (c) The Strategic Plan for Trout Management shall be guided by all of the following considerations: (1) Adaptively managing trout populations, including, but not limited to, stocking practices, to establish thriving and self-sustaining native and wild trout fisheries in wild trout waters and, where possible, in other waters. (2) Increasing angler satisfaction. (3) Ensuring appropriate age distribution of wild trout when appropriate. (4) Establishing ecologically and environmentally sustainable hatchery and stocking practices for native trout, including, but not limited to, the following: (A) Hatchery and stocking practices consistent with this chapter. (B) Stocking plans shall include consideration of angler satisfaction and public use of, and access to, the waters for angling. This may include, but is not limited to, harvest and catch rates, including, but not limited to, trophy catch rates, the potential for high angler satisfaction, and where appropriate, put and grow stocking. (C) Native trout shall be preferentially stocked when stocking is employed. (D) Designing stocking plans to maintain and optimize the genetic diversity of trout populations and to be consistent with the direction provided by the strategic trout management team. (E) Stocking plans for species listed in Section 7261 shall not exceed the documented biological carrying capacity of the water or ecosystem. (5) Integrating stakeholder involvement into the planning process. (6) Monitoring and evaluating management processes through angler surveys, public meetings coordinated with county fish and game commissions, or by other means. (d) The department shall prepare and complete trout management plans consistent with the Strategic Plan for Trout Management for all wild trout waters not more than three years following their initial designation by the commission. The department shall update the management plan every five years or as necessary following completion of the initial management plan. The department shall prepare trout management plans for other waters consistent with the Strategic Plan for Trout Management as appropriate. (e) Before implementation, the Strategic Plan for Trout Management produced by the department shall be reviewed by the strategic trout management team, the hatchery operations committee, and an ad hoc peer review committee convened by the department to ensure compliance with sound management practices, improved genetic diversity, and use of the best available scientific information. (f) The Strategic Plan for Trout Management and plans completed pursuant to subdivision (d) shall be publicly available on the department’s Internet Web site. (Repealed and added by Stats. 2012, Ch. 565, Sec. 11. (SB 1148) Effective January 1, 2013.)
1729.
## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. )
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The department must prioritize native hatchery-produced stocking where appropriate, make recreational trout nonreproductive except for listed exceptions, and periodically review and adjust angling regulations. It may also provide outreach materials and run angler surveys.

## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. ) ## 1729. (a) The department shall give priority to stocking native hatchery-produced species in California’s waters, where stocking is determined to be appropriate by the department. Stocking of hatchery-produced fish is not appropriate in all of California’s waters, including, but not limited to, stocking in California’s waters that would adversely affect species listed under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3). (b) Hatchery-produced trout shall be stocked to support sustainable angling recreation and promote angler access to trout fishing, including, but not limited to, urban fisheries. (c) The department may provide outreach and educational materials to all anglers to promote awareness of environmental sustainability, ecosystem health, fish genetics, angling opportunities, and fish population management. (d) Educational programs utilizing the hatcheries shall be encouraged. (e) The department shall ensure that all trout stocked in waters of the state for recreational purposes are unable to reproduce through triploidy or other means, with the exception of fish planted into brood stock lakes, surplus brood stock planted according to fishery management decisions, fish planted to supplement waters that the department has determined to be genetically isolated from native fish populations, and native trout species produced for recovery and restoration within their native range. (f) The department may develop, conduct, and respond to regular angler preference and satisfaction surveys. This is not a substitute for a preferred scientific data collection and monitoring program that would facilitate adaptive management of California’s inland trout fisheries. (g) The department shall review angling regulations periodically and adjust those regulations to ensure consistency with the strategic plan described in Section 1728. (Added by Stats. 2012, Ch. 565, Sec. 12. (SB 1148) Effective January 1, 2013.)
1730.
## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. )
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The department must create a trout management team by January 1, 2014, and that team must direct statewide trout management efforts and develop basin management plans.

## 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 7.2. Trout Management [1725 - 1730] ( Chapter 7.2 added by Stats. 1979, Ch. 847. ) ## 1730. (a) By January 1, 2014, the department shall form an intradepartmental strategic trout management team to provide direction and oversee trout management statewide. Working under the framework of the Strategic Plan for Trout Management, the strategic trout management team shall direct and implement focused management and monitoring efforts for trout at the watershed level, in cooperation with local stakeholders. (b) The strategic trout management team shall be responsible for developing basin management plans that are conservation based and are consistent throughout California for inland watersheds. (c) The basin plans in subdivision (b) shall be reviewed by an ad hoc peer review committee, which may be convened under the guidance of the department’s Science Institute to ensure compliance with sound management practices and utilization of the best available scientific information. (Added by Stats. 2012, Ch. 565, Sec. 13. (SB 1148) Effective January 1, 2013.)
1740.
## 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 7.3. Black Bass Conservation and Management [1740 - 1743] ( Chapter 7.3 added by Stats. 1980, Ch. 1302, Sec. 1. )
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This chapter is named the Black Bass Conservation and Management Act of 1980.

## 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 7.3. Black Bass Conservation and Management [1740 - 1743] ( Chapter 7.3 added by Stats. 1980, Ch. 1302, Sec. 1. ) ## 1740. This chapter shall be known as the Black Bass Conservation and Management Act of 1980. (Added by Stats. 1980, Ch. 1302, Sec. 1.)
1741.
## 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 7.3. Black Bass Conservation and Management [1740 - 1743] ( Chapter 7.3 added by Stats. 1980, Ch. 1302, Sec. 1. )
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The Legislature states a state policy to preserve and enhance black bass resources and manage black bass populations for public recreational opportunities.

## 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 7.3. Black Bass Conservation and Management [1740 - 1743] ( Chapter 7.3 added by Stats. 1980, Ch. 1302, Sec. 1. ) ## 1741. The Legislature hereby finds and declares that it is the policy of the state to preserve and enhance black bass resources and to manage black bass populations to provide satisfactory recreational opportunities to the public. (Added by Stats. 1980, Ch. 1302, Sec. 1.)

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