Fish and Game Code — Part 4 | FGC — United States — California law | Esheria

Fish and Game Code

Part 4 of 12 · provisions 601–800

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

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

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Provisions of Fish and Game Code

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  1. 1742.

    ## Fish and Game 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 black bass management program components must be funded from existing department budget 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 7.3. Black Bass Conservation and Management [1740 - 1743] ( Chapter 7.3 added by Stats. 1980, Ch. 1302, Sec. 1. ) ## 1742. The Legislature further finds and declares that the black bass management program components specified in this chapter are a continuation of the department’s existing warmwater fisheries program, and, as such, shall be funded from existing department budgetary resources. (Added by Stats. 1980, Ch. 1302, Sec. 1.)
  2. 1743.

    ## Fish and Game 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 department must manage black bass by tracking harvest, recommending regulation changes, considering catch-and-release options, considering species suitability, and improving shoreline habitat where needed.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.3. Black Bass Conservation and Management [1740 - 1743] ( Chapter 7.3 added by Stats. 1980, Ch. 1302, Sec. 1. ) ## 1743. (a) The department’s black bass management program shall include, but not be limited to, the following components: (1) The department shall determine the angler harvest of black bass populations and shall recommend to the commission the changes in angling regulations for black bass that would be necessary to prevent or correct overharvest. (2) The department shall consider recommending to the commission catch and release regulations for black bass, including minimum or maximum size restrictions and management for trophy-sized black bass in some waters. (3) The department shall consider the suitability of the many different species, subspecies, and strains of black bass when management programs are formulated. (4) The department shall improve shoreline habitat for black bass in waters where insufficient habitat exists and shall encourage reservoir operating agencies to carry out shoreline habitat improvement projects. (b) For the purposes of this section, “black bass” means fishes of the Centrarchidae family. (Added by Stats. 1980, Ch. 1302, Sec. 1.)
  3. 1745.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.4. Department-Managed Lands [1745 - 1745.2] ( Chapter 7.4 added by Stats. 2012, Ch. 597, Sec. 1. )

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    The department must run department-managed lands on a nonprofit basis, and nonconsumptive users may need an entry permit if the department makes the required finding and posts 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 7.4. Department-Managed Lands [1745 - 1745.2] ( Chapter 7.4 added by Stats. 2012, Ch. 597, Sec. 1. ) ## 1745. (a) For purposes of this section, the following terms have the following meanings: (1) “Department-managed lands” includes lands, or lands and water, acquired for public shooting grounds, state marine (estuarine) recreational management areas, ecological reserves, and wildlife management areas. (2) “Nonconsumptive uses” means compatible uses other than hunting and fishing. (b) (1) Department-managed lands shall be operated on a nonprofit basis by the department. (2) The department may enter into contracts or other agreements for the management and operation of department-managed lands with nonprofit conservation groups, recognized under Section 501(c) of the Internal Revenue Code, or resource conservation districts, as described in Chapter 3 (commencing with Section 9151) of Division 9 of the Public Resources Code. (A) The contracts or other agreements authorized pursuant to this paragraph are 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. (B) The contracts or other agreements authorized pursuant to this paragraph shall adhere to the goals and objectives included in an approved management plan and shall be consistent with the purpose for which the lands were acquired and managed by the department. Any changes to the management plan shall be subject to public review and comment. (c) Multiple recreational use of department-managed lands 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. (d) (1) Hunting, fishing, wildlife viewing, wildlife photography, conservation education, and fish and wildlife research are priority uses compatible with department-managed lands, except for ecological reserves where uses shall be considered on an individual basis. (2) Public uses of department-managed lands not described in paragraph (1), or subdivision (c) or (f), shall be authorized by regulations adopted by the commission. The commission may require the purchase of a special use permit for these other uses. (e) Except as provided in Section 1765 and subdivision (h), 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. Only persons holding valid hunting licenses may apply for or obtain shooting permits for department-managed lands. (f) Commencing January 1, 2015, the department shall require the purchase of an entry permit for nonconsumptive uses of department-managed lands if the department finds that it is practical and would be cost effective for the state to collect entry permit fees. (g) The following shall apply if the department requires the purchase of an entry permit pursuant to subdivision (f): (1) The department shall require the purchase of an entry permit for nonconsumptive uses of a department-managed land only if a sign providing notice of the requirement has been posted at the department-managed land. (2) To the extent feasible, the department shall allow nonconsumptive users to purchase an entry permit onsite. (3) The department shall use the Automated License Data System to sell an entry permit. (4) A nonconsumptive user shall have an entry permit in his or her immediate possession while on department-managed lands. (h) Failure to obtain a permit as required pursuant to this section shall be an infraction as described in Section 12002.2.1. A person in possession of a valid hunting license, sport fishing license, or trapping license shall be exempt from a requirement to obtain a permit. (i) The moneys generated pursuant to this section shall be deposited in the Native Species Conservation and Enhancement Account within the Fish and Game Preservation Fund, and shall be available, upon appropriation by the Legislature, to the department for the management and operation of its lands. To the extent that the department is able to identify the source of the fee revenue collected, the department shall provide no less than 35 percent of the funds generated pursuant to this section to the department-managed lands from which the fee revenues were collected. (j) The commission and department may continue to allow free access to a department-managed land if the commission or department finds the best interests of that area would be served by not fixing a fee for use privileges. (Added by Stats. 2012, Ch. 597, Sec. 1. (SB 1249) Effective January 1, 2013.)
  4. 1745.1.

    ## 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 7.4. Department-Managed Lands [1745 - 1745.2] ( Chapter 7.4 added by Stats. 2012, Ch. 597, Sec. 1. )

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    The department may lease department-managed lands for agricultural uses, but only when that use fits the land’s original purpose and any approved management plan. Lease money must be deposited into specified funds, and it may later be used for land management work if the Legislature appropriates 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 7.4. Department-Managed Lands [1745 - 1745.2] ( Chapter 7.4 added by Stats. 2012, Ch. 597, Sec. 1. ) ## 1745.1. (a) Notwithstanding any other provision of this code, the department may lease department-managed lands for agricultural activities, including, but not limited to, grazing, where consistent with the purpose for which the lands were acquired and compatible with the department’s approved management plan for the area, if available. (b) The moneys collected from agricultural leases entered into pursuant to subdivision (a) shall be deposited by the department into the Wildlife Restoration Fund or the Fish and Game Preservation Fund and, upon appropriation by the Legislature, may be used to support the management, maintenance, restoration, and operations of department-managed lands. (Amended by Stats. 2021, Ch. 115, Sec. 8. (AB 148) Effective July 22, 2021.)
  5. 1745.2.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.4. Department-Managed Lands [1745 - 1745.2] ( Chapter 7.4 added by Stats. 2012, Ch. 597, Sec. 1. )

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    The department must consider and evaluate apiculture on department-managed wildlife areas, set related fees and lease rent, may consult experts, and may authorize temporary beehive placement under simple lease or permit agreements.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.4. Department-Managed Lands [1745 - 1745.2] ( Chapter 7.4 added by Stats. 2012, Ch. 597, Sec. 1. ) ## 1745.2. (a) The department shall do both of the following: (1) Consider authorizing apiculture on department-managed wildlife areas, where deemed appropriate by the department. (2) Determine, when developing or amending its land management plans, the following: (A) If the department-managed wildlife areas, or any portion of those areas, are suitable for apiculture and whether apiculture is consistent with the management goals and objectives for those areas on a temporary, seasonal, or long-term basis. (B) If the administration of apiculture on department-managed wildlife areas, where deemed appropriate by the department, is meeting the management goals and objectives for those areas. (C) The appropriate fee and lease rent to be assessed for conducting apiculture on department-managed wildlife areas. The amount of the fee shall be sufficient to recover, but not exceed, all reasonable administrative and implementation costs of the department. The lease rent shall take into account whether the lease is a nonexclusive use of the land. (b) The department, in implementing this section, may consult with apiculture experts, including, but not limited to, the Department of Food and Agriculture, the University of California, other academic or professional experts, and interested stakeholders, when considering authorizing apiculture on department-managed wildlife areas consistent with the respective management goals and objectives for those areas. (c) Moneys collected for conducting apiculture on department-managed wildlife areas pursuant to subparagraph (C) of paragraph (2) of subdivision (a) shall be deposited by the department into the Wildlife Restoration Fund or the Fish and Game Preservation Fund and, upon appropriation by the Legislature, be used to support the management, maintenance, restoration, and operation of department-managed wildlife areas. (d) The department may authorize the temporary placement of beehives on department-managed wildlife areas through simple lease or permit agreements specifying appropriate conditions. These agreements are not subject to competitive bidding requirements. (e) The department may continue any authorization for apiculture on department-managed areas that it granted before January 1, 2015, without taking further action. (Amended by Stats. 2021, Ch. 115, Sec. 9. (AB 148) Effective July 22, 2021.)
  6. 1750.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 1. Short Title [1750- 1750.] ( Article 1 added by Stats. 1974, Ch. 898. )

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    This section gives the chapter its short title: the Native Species Conservation and Enhancement 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 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 1. Short Title [1750- 1750.] ( Article 1 added by Stats. 1974, Ch. 898. ) ## 1750. This chapter shall be known and may be cited as the Native Species Conservation and Enhancement Act. (Added by Stats. 1974, Ch. 898.)
  7. 1755.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Findings and Declarations [1755 - 1756] ( Article 2 added by Stats. 1974, Ch. 898. )

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    The section states California’s policy to maintain wildlife and native plant populations and their habitat, encourage public use and enjoyment, and fund conservation of certain species from general public funds when necessary.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Findings and Declarations [1755 - 1756] ( Article 2 added by Stats. 1974, Ch. 898. ) ## 1755. The Legislature finds and declares all of the following: (a) That it is the policy of this state: (1) To maintain sufficient populations of all species of wildlife and native plants and the habitat necessary to insure their continued existence at the optimum levels possible to insure the policies stated in paragraphs (2), (3), and (4). (2) To provide for the beneficial use and enjoyment of wildlife and native plants by all citizens of the state. (3) To perpetuate native plants and all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to man. (4) To provide for aesthetic, educational, and nonappropriative uses of the various wildlife and native plant species. (b) That the conservation and enhancement of wildlife species which are not the object of hunting and native plant species is in the general public interest and it is appropriate that the cost of programs to achieve such conservation and enhancement, including the biological and botanical research necessary thereto, and the diffusion of the information resulting therefrom to the public, be borne to the extent necessary by general public funds. (Amended by Stats. 1977, Ch. 1181.)
  8. 1756.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Findings and Declarations [1755 - 1756] ( Article 2 added by Stats. 1974, Ch. 898. )

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    This section states that the chapter’s policy is in the public interest and says recreational users of state wildlife resources should support land and wildlife management.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Findings and Declarations [1755 - 1756] ( Article 2 added by Stats. 1974, Ch. 898. ) ## 1756. (a) The policy set forth in this chapter is in the public interest without regard to the economic value or the lack of economic value of wildlife or native plants. (b) It is the policy of the state to require the recreational users of the state’s wildlife resources to support the management of lands managed by the department and the management of wildlife consistent with Section 711. (Amended by Stats. 1988, Ch. 1539, Sec. 5.)
  9. 1758.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 2.5. Bird Habitat Conservation [1758- 1758.] ( Article 2.5 added by Stats. 2013, Ch. 387, Sec. 2. )

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    The department must annually give licensed hunters a chance to comment and make recommendations on public hunting programs, including anticipated habitat conditions, through public meetings or other outreach.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 2.5. Bird Habitat Conservation [1758- 1758.] ( Article 2.5 added by Stats. 2013, Ch. 387, Sec. 2. ) ## 1758. The department shall annually provide an opportunity for licensed hunters to comment and make recommendations on the public hunting programs, including anticipated habitat conditions in the hunting areas on Type A and Type B Wildlife Areas, as defined under the commission’s regulations, through public meetings or other public outreach. In complying with this section, the department may hold regional meetings on its hunting programs for several different wildlife areas. (Added by Stats. 2013, Ch. 387, Sec. 2. (SB 749) Effective January 1, 2014.)
  10. 1760.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. )

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    The department must maintain a Native Species Conservation and Enhancement Account within the Fish and Game Preservation Fund.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. ) ## 1760. The department shall maintain within the Fish and Game Preservation Fund a Native Species Conservation and Enhancement Account, which is hereby created, to permit separate accountability for the receipt and expenditure of moneys derived through donation from persons or organizations for the support of nongame and native plant species conservation and enhancement programs. (Amended by Stats. 1977, Ch. 1181.)
  11. 1761.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. )

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    When the department receives support funds for nongame and native plant conservation programs, it must deposit them in the Fish and Game Preservation Fund and credit them to the Native Species Conservation and Enhancement Account.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. ) ## 1761. Whenever the department receives funds from persons or organizations for the support of nongame and native plant species conservation and enhancement programs, such funds shall be deposited in the Fish and Game Preservation Fund and credited to the Native Species Conservation and Enhancement Account. (Amended by Stats. 1977, Ch. 1181.)
  12. 1762.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. )

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    The department must give a public appreciation item to each person or organization that contributes $5 or more to qualifying conservation programs, and the commission must approve the item’s form and content.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. ) ## 1762. The department shall provide each person or organization making a contribution of five dollars ($5) or more for the support of nongame and native plant species conservation and enhancement programs a suitably prepared certificate, decal, medallion, or other object of public appreciation signifying the interest of such person or organization in the conservation and enhancement of native plant and wildlife species. The commission shall approve the form, nature, and content of any certificate, decal, medallion or other object proposed for use by the department pursuant to this section. (Amended by Stats. 1977, Ch. 1181.)
  13. 1763.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. )

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    The department may take appropriate steps to encourage donations to the Native Species Conservation and Enhancement Account, and it may charge its costs for carrying out this section to that account.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. ) ## 1763. The department may take all appropriate measures to encourage donations by individuals, organizations, and public agencies to the Native Species Conservation and Enhancement Account, including, but not limited to, public information concerning the status of native plant and wildlife species threatened by the activities of man. The cost to the department to carry out the provisions of this section may be charged to the Native Species Conservation and Enhancement Account. (Amended by Stats. 1977, Ch. 1181.)
  14. 1764.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. )

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    The director must designate certain department-managed land where a valid wildlife pass or day-use pass is required, and people generally may not enter those designated areas without an allowed pass, license, or group pass membership.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. ) ## 1764. (a) The director shall designate those particular areas of land managed by the department at which possession of a valid annual wildlife pass or day use pass shall be required. No designation shall be effective until a management plan for the area has been presented at a public meeting and the plan has been approved by the director. (b) No person shall enter the designated area unless that person possesses an annual wildlife area pass or a day use pass issued pursuant to Section 1765, a valid hunting license issued pursuant to Section 3031, a valid trapping license issued pursuant to Section 4006, or a valid sport fishing license issued pursuant to Section 7149.05, 7150, or 7151, or that person is a member of a tour by an organized youth or school group that has been issued a day use pass. (c) Notwithstanding subdivision (b), possession of a license or pass shall not be required of any person who: (1) Is passing through the area on a public right-of-way. (2) Possesses authorization by the commission or the department to conduct scientific or educational research. (3) Is discharging duties in the course of employment, as specified by the department. (4) Possesses written authorization from the department to enter the area for a specific purpose. (Amended by Stats. 2015, Ch. 683, Sec. 15. (SB 798) Effective January 1, 2016.)
  15. 1765.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. )

    Verify source ↗

    The department may issue annual wildlife area passes and day use passes, with set fees and several fee exemptions.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. ) ## 1765. (a) The department may issue an annual wildlife area pass or a day use pass that authorizes the bearer to enter and use facilities and programs on the department managed lands subject to Section 1764 for the period of a calendar year or, if issued after the beginning of the year, for the remainder thereof. The fee for the annual wildlife area pass is ten dollars ($10). The fee for the day use pass is two dollars ($2); however, a tour by an organized youth or school group is exempt from the payment of this fee. The fees shall be adjusted in the calendar years following 1989 in accordance with Section 713. A person under the age of 16 years is exempt from the payment of fees under this section for an annual wildlife area pass or a day use pass. (b) Any person eligible for a reduced fee or free sportfishing license pursuant to Section 7150 or 7151 shall be issued an annual wildlife area pass upon application therefor and under the same conditions and for the same fee as provided in those sections. There shall be appropriated in the annual Budget Act from the General Fund, for transfer to the Native Species Conservation and Enhancement Account, a sum equal to two dollars ($2) for each free annual wildlife area pass issued pursuant to this subdivision during the preceding calendar year. (Added by Stats. 1988, Ch. 1539, Sec. 7.)
  16. 1766.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. )

    Verify source ↗

    The department may sell a native species stamp, promotional materials, and nature study aids, and the stamp fee is $7.50, subject to later adjustment under Section 713.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. ) ## 1766. The department may also offer for sale a native species stamp, promotional materials, and nature study aids. The fee for a native species stamp is seven dollars and fifty cents ($7.50), as adjusted in the calendar years following 1989 in accordance with Section 713. (Added by Stats. 1988, Ch. 1539, Sec. 8.)
  17. 1767.5.

    ## 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 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. )

    Verify source ↗

    Fees and sales revenues covered by this article and Section 1055.3 must be deposited into the Native Species Conservation and Enhancement Account and used only in the stated priority order.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. ) ## 1767.5. (a) The revenues from fees and sales under this article and Section 1055.3 shall be deposited in the Native Species Conservation and Enhancement Account in the Fish and Game Preservation Fund, and shall be available for appropriation for expenditure in the 1988–89 and subsequent fiscal years in the following order of priority: (1) Repayment of any loan to the account from the Fish and Game Preservation Fund. The amounts repaid annually shall be prorated to complete the repayment with interest on or before July 1, 1993. Interest shall be calculated at the rate earned by the Surplus Money Investment Fund from the date funds for the loan were advanced to the date of repayment. (2) The costs of ongoing wildlife management programs incurred at any lands managed by the department alone or cooperatively with other governmental agencies, irrespective of their designation pursuant to Section 1764, that are not adequately funded under subdivision (a) or (c) of Section 711. (3) The costs of natural history education and recreational programs and improvements at areas designated pursuant to Section 1764. (4) Augmentation of wildlife management programs and acquisition of additional lands at areas designated pursuant to Section 1764. (b) Revenues from fees and sales under this article and Section 1055.3 shall be used to augment and not to replace money appropriated from existing funds available to the department for the purposes specified in subdivision (a). (Amended by Stats. 1992, Ch. 1370, Sec. 7. Effective October 27, 1992.)
  18. 1768.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. )

    Verify source ↗

    The Legislature declares that revenues from fees and sales under this article relate to the protection and propagation of fish and game under the California Constitution.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. ) ## 1768. The Legislature finds and declares that the revenues from fees and sales under this article are related to the protection and propagation of fish and game within the meaning of Section 9 of Article XVI of the California Constitution. (Added by Stats. 1988, Ch. 1539, Sec. 10.)
  19. 1769.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. )

    Verify source ↗

    The department may take appropriate measures to encourage people to buy certain passes and to promote related sales and public information.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. ) ## 1769. The department may take all appropriate measures to encourage persons to obtain annual wildlife area passes and day use passes issued pursuant to Section 1765, and to promote the sale of native species stamps, promotional materials, and nature study aids to provide revenue for the support of the department. The measures may include, but are not limited to, the dissemination of public information concerning the status of wildlife, fish, and plant species, conservation activities of the department, and programs and facilities provided by the department for the enjoyment of the lands managed by the department. (Added by Stats. 1988, Ch. 1539, Sec. 11.)
  20. 1770.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 4. Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account [1770 - 1772] ( Article 4 added by Stats. 1983, Ch. 1058, Sec. 1. )

    Verify source ↗

    The department must maintain a new conservation account within the Fish and Game Preservation Fund.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 4. Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account [1770 - 1772] ( Article 4 added by Stats. 1983, Ch. 1058, Sec. 1. ) ## 1770. The department shall maintain within the Fish and Game Preservation Fund an Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account which is hereby created. (Added by Stats. 1983, Ch. 1058, Sec. 1.)
  21. 1771.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 4. Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account [1770 - 1772] ( Article 4 added by Stats. 1983, Ch. 1058, Sec. 1. )

    Verify source ↗

    When the department receives certain funds from the Treasurer, it must deposit them in the Fish and Game Preservation Fund and credit them to the specified account. Contract-related administrative overhead on those funds must not exceed 15 percent.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 4. Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account [1770 - 1772] ( Article 4 added by Stats. 1983, Ch. 1058, Sec. 1. ) ## 1771. (a) Whenever the department receives funds from the Treasurer under Article 5 (commencing with Section 18741) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code for the support of this article, the funds shall be deposited in the Fish and Game Preservation Fund and credited to the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account. These funds are for the support of programs for endangered and rare animals and native plant species as determined by the commission, related conservation and enhancement programs, and programs for those species which may be candidates for determination as endangered or rare under the criteria developed by the commission. (b) The administrative overhead assessment on that portion of funds deposited in the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account expended through contracts shall not exceed 15 percent. (Amended by Stats. 2023, Ch. 132, Sec. 22. (AB 1760) Effective January 1, 2024.)
  22. 1772.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 4. Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account [1770 - 1772] ( Article 4 added by Stats. 1983, Ch. 1058, Sec. 1. )

    Verify source ↗

    The department may encourage donations to the account, share information with the public about endangered and rare species, and charge its costs for carrying out this section to the account.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 4. Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account [1770 - 1772] ( Article 4 added by Stats. 1983, Ch. 1058, Sec. 1. ) ## 1772. (a) The department may take all appropriate measures to encourage donations to this account through the tax return checkoff system provided for in Article 5 (commencing with Section 18741) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code. (b) The department may also disseminate information to the public concerning the status of endangered and rare species. (c) The cost to the department to carry out the provisions of this section may be charged to this account. (Amended by Stats. 2023, Ch. 132, Sec. 23. (AB 1760) Effective January 1, 2024.)
  23. 1773.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 5. Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund [1773 - 1773.3] ( Article 5 added by Stats. 2017, Ch. 504, Sec. 1. )

    Verify source ↗

    The department must maintain the Native California Wildlife Rehabilitation Voluntary Tax Contribution 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 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 5. Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund [1773 - 1773.3] ( Article 5 added by Stats. 2017, Ch. 504, Sec. 1. ) ## 1773. The department shall maintain the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund established pursuant to Section 18749.1 of the Revenue and Taxation Code. (Added by Stats. 2017, Ch. 504, Sec. 1. (AB 1031) Effective January 1, 2018.)
  24. 1773.1.

    ## 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 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 5. Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund [1773 - 1773.3] ( Article 5 added by Stats. 2017, Ch. 504, Sec. 1. )

    Verify source ↗

    The department must establish a competitive grant program for wildlife rehabilitation and wildlife conservation education, and it may use up to 5% of the allocated funds for administrative expenses.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 5. Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund [1773 - 1773.3] ( Article 5 added by Stats. 2017, Ch. 504, Sec. 1. ) ## 1773.1. (a) The funds deposited in the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund pursuant to Article 5.2 (commencing with Section 18749) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code are to be used for the support of a competitive grant program to be established by the department for the purposes of the rehabilitation of injured, sick, or orphaned wildlife, and wildlife conservation education. (b) A maximum of 5 percent of the funds allocated to the department may be used to defray the administrative expenses associated with administering the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund. (Amended by Stats. 2024, Ch. 360, Sec. 1. (AB 1828) Effective January 1, 2025.)
  25. 1773.2.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 5. Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund [1773 - 1773.3] ( Article 5 added by Stats. 2017, Ch. 504, Sec. 1. )

    Verify source ↗

    An applicant for the grant program must prove nonprofit wildlife-rehabilitation status, comply with its permit and all applicable laws, and use an electronic database for animal records.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 5. Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund [1773 - 1773.3] ( Article 5 added by Stats. 2017, Ch. 504, Sec. 1. ) ## 1773.2. To be eligible for grant funding from the competitive grant program established pursuant to Section 1773.1, an applicant shall meet all of the following criteria: (a) The applicant shall provide proof that it is a nonprofit organization that operates a wildlife rehabilitation facility permitted pursuant to Section 679 of Title 14 of the California Code of Regulations. (b) The applicant shall be in compliance with all conditions of its wildlife rehabilitation permit issued by the department and all applicable local, state, and federal laws. (c) The applicant shall actively use an electronic database to maintain wildlife rehabilitation animal records. (Amended by Stats. 2024, Ch. 360, Sec. 2. (AB 1828) Effective January 1, 2025.)
  26. 1773.3.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 5. Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund [1773 - 1773.3] ( Article 5 added by Stats. 2017, Ch. 504, Sec. 1. )

    Verify source ↗

    The department may pay out up to 100% of a covered grant when it is executed, and it must require a post-award report from the recipient. A nonprofit that does not submit the report is barred from receiving a covered grant award for one year.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.5. Native Species Conservation and Enhancement [1750 - 1773.3] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ## ARTICLE 5. Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund [1773 - 1773.3] ( Article 5 added by Stats. 2017, Ch. 504, Sec. 1. ) ## 1773.3. (a) For purposes of this section, “covered grant” means a grant in an amount no greater than twenty thousand dollars ($20,000) with a grant period duration of no more than one year. (b) In administering the competitive grant program established pursuant to Section 1773.1, the department may distribute up to 100 percent of the grant award of a covered grant upon its execution. (c) (1) The department shall require a report from a covered grant recipient after the completion of a covered grant award that addresses both of the following: (A) What objectives were met and the means used to meet them. (B) What objectives were unmet and the reasons why they were unmet. (2) A recipient nonprofit that fails to submit the report to the department shall be ineligible to receive a covered grant award for one year. (Added by Stats. 2024, Ch. 360, Sec. 3. (AB 1828) Effective January 1, 2025.)
  27. 1775.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1775. This chapter shall be known and may be cited as the Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  28. 1776.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    This section states the state’s policy for wetlands in the Sacramento-San Joaquin Valley and says the chapter is only a nonexclusive alternative for wetland mitigation.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1776. The Legislature finds and declares the following: (a) Wetlands are an important natural resource of the Sacramento-San Joaquin Valley because they provide significant habitat for migratory waterfowl of the Pacific flyway, for endangered species, and for many other resident wildlife and fish populations. Wetlands provide additional public benefits, including water quality improvement, flood protection, stream bank stabilization, recreation, and scientific research. (b) Active and voluntary involvement by private landowners is necessary for the long-term availability and productivity of wetlands in the Sacramento-San Joaquin Valley. (c) Large wetland preserves in the Sacramento-San Joaquin Valley, under certain circumstances, can provide an environmentally preferable alternative to a number of small, isolated wetland preserves of the same type surrounded by urban development. (d) It is the policy of the state with respect to the Sacramento-San Joaquin Valley: (1) To provide for the protection, preservation, restoration, enhancement, and expansion of the wetland habitat in the Sacramento-San Joaquin Valley. (2) To promote the protection, preservation, restoration, enhancement, and expansion of the Sacramento-San Joaquin Valley wetlands in concert with other federal, state, and local programs, and interested parties. (3) To improve cooperative efforts among private, nonprofit, and public entities for the management and protection of wetlands. (4) To assure that no net loss of either wetland acreage or habitat values results from activities pursuant to this chapter in the Sacramento-San Joaquin Valley that otherwise comply with state and federal law. (5) To encourage and maintain a predictable, efficient, and timely regulatory framework for environmentally acceptable development. (6) To assure that the construction or maintenance of wetland mitigation banks in the Sacramento-San Joaquin Valley does not reduce any local tax base, does not create any uncompensated increased requirement for local services, and does not create conditions that have the potential to adversely affect the public health. (7) To provide an alternative for accomplishing offsite mitigation in the Sacramento-San Joaquin Valley when offsite mitigation is required under a fill permit issued pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.). (e) This chapter constitutes a nonexclusive alternative to other lawful methods of mitigating project impacts upon wetlands and maintaining and increasing wetlands acreage and habitat values generally. Specifically, this chapter is not intended to, and shall not be interpreted to: (1) Condone or encourage the removal, loss, or degradation of wetlands. (2) Condone or encourage the removal, loss, or degradation of habitat for any rare, threatened, or endangered species. (3) Abrogate any other local, state, or federal law or policy relating to wetlands, nor prohibit any city or county from prohibiting the removal, filling, or other destruction of particular wetlands. (4) Establish maximum or minimum standards or any other requirements for wetland fill or mitigation, except for mitigation banks established pursuant to this chapter. (5) Have legal or necessary precedential application to any other area of the state, or to other lands, resources, situations, or circumstances. (6) Preclude other forms of mitigation banking, including private or for-profit programs, within the Sacramento-San Joaquin Valley. (7) Be the exclusive method of providing compensation by permittees for the loss of wetlands within the Sacramento-San Joaquin Valley. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  29. 1776.5.

    ## 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 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    The Legislature states that the costs of administering this chapter should be funded by purchasing credits in mitigation bank sites.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1776.5. It is the intent of the Legislature that the funds necessary to cover the costs of administering this chapter be provided by the purchase of credits in mitigation bank sites. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  30. 1777.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

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

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1777. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  31. 1777.2.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    This section defines “bank site” or “mitigation bank site.”

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1777.2. “Bank site” or “mitigation bank site” means a publicly or privately owned and operated site on which wetlands have been or will be created in accordance with this chapter to compensate for adverse impacts caused by removal or fill permit activities authorized pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.). “Bank site” or “mitigation bank site” may include land on which rice is grown as long as those lands are managed as ricelands and those lands meet the other requirements of Section 1784. (Amended by Stats. 1995, Ch. 928, Sec. 1. Effective January 1, 1996.)
  32. 1777.5.

    ## 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 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    “Credit” means a numerical value representing wetland acreage and habitat values at a mitigation bank site.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1777.5. “Credit” means a numerical value that represents the wetland acreage and habitat values of a mitigation bank site. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  33. 1778.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    “Operator” means the department, or a public or private person or entity approved by the department, that administers a wetlands mitigation bank site.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1778. “Operator” means the department, or a public or private person or entity approved by the department, to administer a wetlands mitigation bank site. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  34. 1778.5.

    ## 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 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    This section defines “permittee” as a public or private person or entity that meets specific wetlands-permit and siting 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 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1778.5. “Permittee” means a public or private person or entity that meets all of the following conditions: (a) Has received a permit pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.) for the removal or filling of wetlands, subject to a condition that allows the permittee to compensate for the wetland loss through participation in a wetland mitigation bank pursuant to this chapter. (b) Proposes to compensate for the loss of the wetlands through participation in a wetlands mitigation bank pursuant to this chapter. (c) Proposes the discharge at a site within a qualifying urban area and not more than 40 miles from a bank site with sufficient acreage of the same types of wetlands that will provide suitable replacement habitat for the values that may be lost from the conversion of the existing wetlands. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  35. 1779.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    This section defines “qualifying urban area” for purposes of 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 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1779. “Qualifying urban area” means any of the following when they occur within the Sacramento-San Joaquin Valley: (a) A geographical area having a population of 50,000 or more inhabitants within the jurisdiction of a city, or a town, as defined by Sections 20 and 21 of the Government Code. (b) A portion of any geographical area within a town, as defined in Section 21 of the Government Code, which has a population density equal to, or exceeding, 1,500 persons per square mile and which has a population of 50,000 or more inhabitants. (c) A geographical area having a population density equal to, or exceeding, 1,500 persons per square mile, and an adjacent city, as defined in Section 20 of the Government Code, where the combined population of the geographical area and the city equals 50,000 or more inhabitants. (d) A geographical area within the sphere of influence of a city or community services district for which the projected population of the adopted general plan equals 10,000 or more inhabitants. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  36. 1779.5.

    ## 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 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    This section defines “Sacramento-San Joaquin Valley” as the central valley region described in the Water Code.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 1. General Provisions [1775 - 1779.5] ( Article 1 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1779.5. “Sacramento-San Joaquin Valley” means the central valley region, as defined in subdivision (g) of Section 13200 of the Water Code. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  37. 1780.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 2. Legislative Goals [1780 - 1781] ( Article 2 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    This section states the chapter’s purpose: to prevent any net loss of wetland acreage or habitat values in the Sacramento-San Joaquin Valley from fill permit activities under Section 404 of the federal Clean Water 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 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 2. Legislative Goals [1780 - 1781] ( Article 2 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1780. The purpose of this chapter is to ensure that no net loss of wetland acreage or habitat values within the Sacramento-San Joaquin Valley occurs as a result of fill permit activities pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.). (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  38. 1781.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 2. Legislative Goals [1780 - 1781] ( Article 2 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    The state’s goal is to increase the total wetlands acreage and values in the Sacramento-San Joaquin 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 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 2. Legislative Goals [1780 - 1781] ( Article 2 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1781. It is the state’s goal to increase the total wetlands acreage and values within the Sacramento-San Joaquin Valley. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  39. 1784.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 3. Wetlands Mitigation Banks [1784 - 1787] ( Article 3 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    The department must adopt regulations for wetlands mitigation banks and set minimum standards for site qualification, wetland values, and bank operation.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 3. Wetlands Mitigation Banks [1784 - 1787] ( Article 3 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1784. (a) The department, in cooperation with those agencies specified in Section 1786, shall adopt regulations that establish standards and criteria for the bank site qualification process, for the evaluation of wetland habitat acreage and values created at the bank sites, and for the operation and evaluation of bank sites, and any other regulations that are necessary to implement this chapter. These criteria shall require, at a minimum, that the newly created wetland provide the hydrologic, vegetative, and wildlife characteristics, including the food web components, of a naturally occurring wetland system that is equal to the site being mitigated. (b) With respect to bank site standards and operator qualifications, the department shall consider, at a minimum, all of the following criteria: (1) A requirement that the bank site have a reliable, adequate, and available water supply necessary to provide wetland values. For wetlands dependent only on rainfall, rainfall satisfies this requirement. (2) The relative ease or difficulty of converting uplands into wetlands at the bank site. (3) The anticipated maintenance necessary to sustain the recreated and created wetlands at the bank site. (4) The proximity of the bank site to other established preserves or natural features historically associated with abundant wildlife values. (5) The proximity of the bank site to urban or populated areas that could reduce the bank site’s long-term biological values. (6) The demonstrated ability of the bank site operator to create, administer, maintain, and protect the bank site in perpetuity in its enhanced state, including financial, technical, and management ability. (7) The relative abundance or scarcity of the wetland type to be created at the bank site. (c) A bank site or mitigation bank site may include any lands on which rice is grown as long as those lands are managed as ricelands with the required enhanced wetland values if they otherwise qualify under this chapter and either of the following conditions exist: (1) The lands are lands on which rice was grown after January 1, 1996. For purposes of this paragraph, to qualify as new wetland values, rice shall not have been grown on the lands for 10 years before the application is submitted pursuant to Section 1785. (2) The lands are lands on which rice was grown before January 1, 1996. These lands shall qualify only if there is an increase in wetland habitat value that is equal to the site being mitigated. For purposes of this paragraph, a wetland value shall only be provided for lands on which rice was grown that are proposed for wetlands mitigation for the period when that land is flooded between the harvesting of rice and the planting of the next crop. This paragraph shall apply only to lands that were not flooded after harvest between January 1, 1982, and January 1, 1992. (d) Any mitigation site established pursuant to subdivision (c) may be replaced by a new site of an equal wetland value. (e) This section shall not be construed to permit waters used to flood rice fields in order to create wetlands mitigation to be credited as beneficial to wildlife under federal law. (Amended by Stats. 1996, Ch. 37, Sec. 1. Effective January 1, 1997.)
  40. 1785.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 3. Wetlands Mitigation Banks [1784 - 1787] ( Article 3 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    A person who wants to establish a wetlands mitigation bank site must apply to the department for a determination that the site and operator meet the department’s criteria.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 3. Wetlands Mitigation Banks [1784 - 1787] ( Article 3 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1785. If any person desires to establish a wetlands mitigation bank site under this chapter, the person shall apply to the department for a determination that the bank site and the operator qualify under the criteria established by the department pursuant to this chapter. The determination that a bank site qualifies under this chapter is a project for purposes of Section 21065 of the Public Resources Code. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  41. 1786.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 3. Wetlands Mitigation Banks [1784 - 1787] ( Article 3 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    Before wetlands are created at a qualified bank site, the department must join a memorandum of understanding with the operator, and the agreement must cover site details and related maintenance and funding terms.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 3. Wetlands Mitigation Banks [1784 - 1787] ( Article 3 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1786. (a) Before any wetlands are created on the bank site qualified pursuant to Section 1785, the department shall coordinate and shall be a signatory to a memorandum of understanding with the operator. The United States Environmental Protection Agency, the United States Army Corps of Engineers, the Fish and Wildlife Service of the United States Department of the Interior, the Central Valley Regional Water Quality Control Board, and the State Department of Health Services or its designee, or any of them, may be signatories by indicating to the department their interest in participating within 90 days of being notified by the department of the department’s intent to initiate the procedures described in this section. Any county located in whole or in part in the Sacramento-San Joaquin Valley may, by ordinance, require that it be a signatory to any memorandum of understanding for a bank site to be established within its boundary. (b) The memorandum of understanding shall include, but is not limited to, all of the following items: (1) Identification of the mitigation bank site, including the legal property description, acreage, types, and location of existing wetlands within the boundaries of the bank site. (2) An agreement, by each of the governmental agencies in subdivision (a), that all new, successfully created wetland acreage shall qualify to be credited against the approved removal or fill of wetlands located in the qualifying urban area and within 40 miles of the bank site and is consistent with the procedures set out in this chapter. (3) An agreement by the operator to do both of the following: (A) Maintain all wetland habitat within the bank in optimum condition in perpetuity, barring an unforeseen natural catastrophe that precludes the viability of wetlands. (B) Establish a trust or bond in favor of the department that provides sufficient funds to ensure administration, protection, operation, and maintenance in perpetuity of the wetland habitat acreage and values at the mitigation bank site if the operator defaults in performing the duties required pursuant to subparagraph (A). (4) In the case of privately owned bank sites, identification of the circumstances that would constitute a major breach of the agreement and that would result in either the replacement of the operator, or the passing of title from the owner to the state, or both, including identification of procedures for adequate notice and opportunity for the operator to be heard and to correct any breach. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  42. 1787.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 3. Wetlands Mitigation Banks [1784 - 1787] ( Article 3 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    If a bank site owner is a public entity, it must make annual payments tied to county taxes and also pay certain district assessments.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 3. Wetlands Mitigation Banks [1784 - 1787] ( Article 3 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1787. (a) If the bank site owner is a public entity, that entity shall pay annually to the county in which the property is located an amount equal to the county taxes levied on the property at the time title to the bank site is transferred to that entity. The public entity shall also pay the assessments levied upon the property by any irrigation, drainage, or reclamation district. (b) Payments under this section shall be made on or before December 10 of each year, except for newly acquired bank sites, for which payments shall be made pursuant to subdivision (c). (c) Payments for newly acquired bank sites shall be made within one year of the date title to the property was transferred to the state, prorated for the balance of the year from the date title was transferred to the 30th day of June following the date title was transferred, and, thereafter, payments shall be made on or before December 10 of each year. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  43. 1790.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 4. Wetlands [1790 - 1792.5] ( Article 4 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    After creating qualifying wetlands or vernal pools on at least 20 acres, the operator may ask the department to determine how many acres and habitat value qualify for mitigation bank credit.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 4. Wetlands [1790 - 1792.5] ( Article 4 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1790. Upon the successful creation of any wetlands of at least 20 acres, or in the case of vernal pools, upon successful creation of vernal pools on a site at least 20 acres in size, the operator may request a determination by the department of the number of acres in the mitigation bank site, and the relative habitat value thereof, that qualify for credit against prospective wetland loss in the qualifying urban area. In determining the amount of mitigation bank credit, no credit shall be provided for habitat values or acreage that was in existence prior to the establishment of the bank. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  44. 1791.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 4. Wetlands [1790 - 1792.5] ( Article 4 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    When the department receives a request under Section 1790, it must determine how many acres in the bank site are wetlands and classify those wetlands using established biological criteria.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 4. Wetlands [1790 - 1792.5] ( Article 4 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1791. (a) Upon receipt of a request pursuant to Section 1790, the department shall determine the number of acres which are wetlands in the bank site based on the criteria established pursuant to Section 1784, and the department shall classify those wetlands according to established biological criteria. (b) The classifications shall include, but are not limited to, the following wetland types: (1) Perennial freshwater marsh. (2) Perennial brackish marsh. (3) Seasonal freshwater marsh. (4) Wet meadow. (5) Vernal pool. (6) Riparian woodland. (7) Riparian scrub. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  45. 1792.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 4. Wetlands [1790 - 1792.5] ( Article 4 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    The department may set a minimum price for each wetland mitigation bank, and the operator may set a higher price if it fits the memorandum of understanding.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 4. Wetlands [1790 - 1792.5] ( Article 4 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1792. In the interest of assuring that the minimum price for wetland credit is sufficient to ensure the financial integrity of the bank, the department may establish a minimum price for each bank established pursuant to this chapter. The operator may set a higher price to the extent that price is consistent with the terms of the memorandum of understanding executed pursuant to Section 1785. After the department determines the number of wetland acres in the bank site that qualify for credit against wetland loss in a qualifying urban area, the operator shall provide to the department, and the department shall verify, an accounting of the average cost for each wetland acre created, by wetland type for the purpose of determining credits, using the following factors: (a) Land costs, including the reasonable interest cost of holding the land. (b) Wetland creation costs. (c) Wetland administration, maintenance, and protection costs. (d) Annual taxes, including all tax increases allowed under applicable state law, and in-lieu payments pursuant to Section 1787, if applicable. (e) Costs incurred by the department in establishing the bank site, and the direct cost of necessary ongoing monitoring and oversight. (f) Any other information relevant to a determination of the cost of preserving the wetlands in perpetuity. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  46. 1792.5.

    ## 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 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 4. Wetlands [1790 - 1792.5] ( Article 4 added by Stats. 1993, Ch. 1254, Sec. 1. )

    Verify source ↗

    The department must be reimbursed for certain expenses under a schedule in an agreement with the person establishing a wetland mitigation bank, and that agreement must be approved by all parties before planning activities begin.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 4. Wetlands [1790 - 1792.5] ( Article 4 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1792.5. The department shall be reimbursed for those expenses of the department identified in Section 1792 according to a schedule contained in an agreement with the person establishing a wetland mitigation bank. The agreement shall be approved by all parties prior to the commencement of planning activities. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  47. 1793.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 5. Discharge into Wetlands [1793 - 1796] ( Article 5 added by Stats. 1993, Ch. 1254, Sec. 1. )

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    A permittee must provide compensation under Section 404 of the federal Clean Water Act, and the department must classify the wetlands to be removed by wetland type.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 5. Discharge into Wetlands [1793 - 1796] ( Article 5 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1793. A permittee shall provide compensation pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.). The department shall classify the wetlands that the permittee will remove according to wetland type, consistent with Article 4 (commencing with Section 1790). (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  48. 1794.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 5. Discharge into Wetlands [1793 - 1796] ( Article 5 added by Stats. 1993, Ch. 1254, Sec. 1. )

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    Compensation under Section 1793 is conditional on the operator setting up the required trust or bond, and the payment must be used for specified mitigation-bank purchases. A permittee may not participate if the wetland habitat result would be a net loss.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 5. Discharge into Wetlands [1793 - 1796] ( Article 5 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1794. Compensation pursuant to Section 1793 is subject to the condition that the operator establish the trust or bond required by subparagraph (B) of paragraph (3) of subdivision (b) of Section 1786 and, in addition, is subject to the following conditions: (a) The full payment shall be used to purchase credits in the mitigation bank site. (b) The payment shall provide for purchase of bank site wetland acreage required by Section 1793 that has the same hydrologic, vegetative, and other characteristics as the system for which it will serve as mitigation. (c) A permittee shall not participate in a wetlands mitigation bank if a net loss of wetland habitat values or acreage occurs. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  49. 1795.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 5. Discharge into Wetlands [1793 - 1796] ( Article 5 added by Stats. 1993, Ch. 1254, Sec. 1. )

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    After payment to the operator, the permittee has no further obligations for operating the bank site, unless the permittee has an equity interest in the bank.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 5. Discharge into Wetlands [1793 - 1796] ( Article 5 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1795. After payment to the operator pursuant to this article, the permittee has no further obligations with respect to the operation of the bank site to which payment was made, unless the permittee has an equity involvement in the bank. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
  50. 1796.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 5. Discharge into Wetlands [1793 - 1796] ( Article 5 added by Stats. 1993, Ch. 1254, Sec. 1. )

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    A bank site may not be qualified under Section 1785 on or after January 1, 2015.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775 - 1796] ( Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## ARTICLE 5. Discharge into Wetlands [1793 - 1796] ( Article 5 added by Stats. 1993, Ch. 1254, Sec. 1. ) ## 1796. No bank site shall be qualified under Section 1785 on or after January 1, 2015. (Amended by Stats. 2009, Ch. 294, Sec. 8. (AB 1442) Effective January 1, 2010.)
  51. 1797.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. )

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    This section states legislative findings about conservation and mitigation banks and the department’s role in authorizing 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 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. ) ## 1797. The Legislature finds and declares as follows: (a) Mitigation banks and conservation banks provide for the conservation of important habitats and habitat linkages, take advantage of economies of scale that are often not available to individualized mitigation projects, and simplify the state regulatory compliance process while achieving conservation goals. (b) The department authorizes the establishment of private and public conservation and mitigation banks that can provide viable consolidated mitigation for adverse impacts caused by projects. Banks sell habitat or species credits to project proponents having mitigation responsibilities that require compensation for impacts to wetlands, threatened or endangered species, and other sensitive resources. The state policy on conservation banks was established in 1995 by the Natural Resources Agency and the California Environmental Protection Agency. (c) In 2011, the department and other state and federal agencies, including the United States Fish and Wildlife Service, the National Marine Fisheries Service, the United States Army Corps of Engineers, and the United States Environmental Protection Agency, renewed a memorandum of understanding for the purpose of jointly establishing a framework for developing and using combined or coordinated approaches to mitigation and conservation banking in the state. The memorandum of understanding includes provisions for the development and continuous improvement of standardized banking program documents and guidance. Existing standardized documents identified in the memorandum of understanding include bank enabling instruments, conservation easements, long-term management plans, and bank proposal review checklists, among others. (d) The department has properly excluded from being eligible as mitigation and conservation banks those lands that are not suitable to become banks, for reasons that include that the lands do not support significant biological resources or are not biologically viable, are subject to potentially inconsistent uses, encumbrances, or requirements, or would not meet requirements of permits or authorizations that require mitigation. (e) Greater transparency is desired to ensure that mitigation requirements of regulatory programs, permits, and authorizations are fully met when employing conservation and mitigation banks, and that the monitoring of banks to ensure long-term conservation of species and habitats is scientifically valid. (f) The private and public mitigation and conservation banks and the private and public entities to which bank credits are sold should fully fund the administrative and regulatory costs of the department in providing banking program services, administration and oversight. (g) The department has found that the establishment and use of conservation and mitigation banks may result in added ecological benefits and reduced administrative costs over the more traditional forms of smaller, single-purpose mitigation projects. (h) It is the intent of the Legislature that banking and all other forms of mitigation for wildlife species comply with regulatory requirements, are based on the best available scientific information, can be implemented successfully, and have adequate funding to achieve mitigation measures and be monitored for compliance and effectiveness. The Legislature recognizes that mitigation and conservation banking is important to the state because banks provide regulatory efficiencies, environmental benefits, and economic advantages. Properly developed and monitored banks have demonstrated their value and efficacy and are important tools in mitigating impacts to resources and in conserving a wide range of habitat lands. (Added by Stats. 2012, Ch. 565, Sec. 14. (SB 1148) Effective January 1, 2013.)
  52. 1797.5.

    ## 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 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. )

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    This section defines terms used in the conservation bank and mitigation bank 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 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. ) ## 1797.5. For the purposes of this chapter, the following terms shall have the following meanings: (a) “Bank” means a conservation bank, mitigation bank, or conservation and mitigation bank. (b) “Bank enabling instrument” means a written agreement with the department regarding the establishment, use, operation, and maintenance of the bank. (c) “Bank sponsor” means the person or entity responsible for establishing and operating a bank. (d) “Conservation bank” means a publicly or privately owned and operated site that is to be conserved and managed in accordance with a written agreement with the department that includes provisions for the issuance of credits, on which important habitat, including habitat for threatened, endangered, or other special status species, exists, has been, or will be created to do any of the following: (1) Compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. (2) Reduce adverse impacts to fish or wildlife resources from activities, authorized pursuant to Chapter 6 (commencing with Section 1600) of Division 2, to less than substantial. (3) Mitigate significant effects on the environment pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations). (4) Establish mitigation in advance of any impacts or effects. (5) To the extent feasible and practicable, protect habitat connectivity for fish and wildlife resources for purposes of this section. (e) “Conservation easement” means a perpetual conservation easement, as defined by Section 815.1 of the Civil Code, covering the real property that comprises the bank site. (f) “Mitigation bank” means either of the following: (1) A bank site or mitigation bank site as defined by Section 1777.2. (2) Any publicly or privately owned and operated site, other than those defined by Section 1777.2, on which wetlands exist, have been, or will be created, and that is to be conserved and managed in accordance with a written agreement with the department for any of the purposes described in paragraphs (1) to (4), inclusive, of subdivision (d). (g) “Person” has the meaning set forth in subdivision (b) of Section 711.2. (h) “Prospectus” means a written summary of the proposed bank containing a sufficient level of detail to support informed department review and comment. (Amended by Stats. 2015, Ch. 625, Sec. 1. (AB 498) Effective January 1, 2016.)
  53. 1798.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. )

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    This section lets a person seeking to establish a bank with the department submit an optional draft prospectus, but requires fees and sets review timelines for 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 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. ) ## 1798. (a) (1) Any person interested in establishing any bank with the department may elect to submit an optional draft prospectus for review by the department. Any draft prospectus shall be accompanied by a draft prospectus review fee of one thousand five hundred dollars ($1,500) to fund the reasonable cost of the department’s review services. The draft prospectus review, while optional, is intended to identify potential issues early so that the potential bank sponsor may attempt to address those issues prior to initiating the formal review process. The draft prospectus is a brief proposal submitted when scoping the concept of a bank, contemplating pursuing a bank idea, or for those new to the banking process. (2) No later than 30 calendar days after the department receives a draft prospectus and review fee, the department shall make an initial evaluation of the proposed concept and notify the person who submitted the draft prospectus of potential issues identified by the department. (b) (1) Any person seeking to establish a bank with the department shall submit a bank prospectus to the department together with a prospectus review fee of ten thousand dollars ($10,000) to fund the reasonable cost of the department’s review services. If a draft prospectus and the review fee have been submitted pursuant to subdivision (a), then the review fee for the bank prospectus shall be eight thousand five hundred dollars ($8,500) so as not to exceed a total fee of ten thousand dollars ($10,000). (2) The bank prospectus shall contain at least all of the following information: (A) The proposed bank name. (B) Contact information, including, but not limited to, the bank sponsor, property owner, and any consultants. (C) A general location map, address, and the size of the proposed bank in acres. (D) A 7.5-minute United States Geological Survey map showing proposed boundaries of the bank. (E) Color aerial photographs that reflect current conditions on the site of the proposed bank and surrounding properties. (F) Description of how the bank will be established and operated, including, but not limited to, proposed ownership arrangements, long-term management strategy, and any phases. (G) Qualifications of bank sponsor. (H) Preliminary natural resources surveys that document biotic and abiotic baseline conditions, including past, current, and adjacent land uses, vegetation types, species information, topography, hydrology, and soil types. (I) Map of proposed bank service areas. (J) Map depicting other conserved lands in the vicinity of the proposed bank. (K) Description of bank objectives that includes how the proposed bank would contribute to connectivity and ecosystem function. (L) A current preliminary report covering the site of the proposed bank that identifies the owner of the fee simple title and shows all liens, easements, and other encumbrances and depicts all relevant property lines, easements, dedications, and other features. (M) A declaration of whether or not the proposed bank site has been or is being used as mitigation, is designated or dedicated for park or open space use, or designated for purposes that may be inconsistent with habitat preservation. (N) Details of any public funding received for acquisition or restoration of, or other purposes related to, the proposed bank site. (c) No later than 30 calendar days after the department receives a bank prospectus and the prospectus review fee, the department shall determine whether or not the prospectus is complete and provide written notice of its determination to the person who submitted the prospectus. If a prospectus is not complete, it may be made complete and resubmitted. (d) If the department determines that the prospectus is complete, then within 90 calendar days of that determination, the department shall determine whether or not the prospectus is acceptable and notify the person who submitted the prospectus of the determination. The department may request clarifying information during the prospectus review process. (e) (1) If the department determines that a bank prospectus is acceptable then a bank agreement package may be submitted in accordance with Section 1798.5. (2) If the department determines that a bank prospectus is not acceptable the department shall state the reasons for the determination. The prospectus may be resubmitted in accordance with subdivision (a) or (b) if further consideration is desired. Any resubmittal must be accompanied by payment of a new review fee. (f) The department may adopt and amend guidelines and criteria for the purposes of this section pursuant to subdivision (b) of Section 1799.1. (Amended by Stats. 2023, Ch. 132, Sec. 24. (AB 1760) Effective January 1, 2024.)
  54. 1798.5.

    ## 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 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. )

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    The department can review bank agreement packages, charge filing and change-review fees, and must act within set review deadlines.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. ) ## 1798.5. (a) (1) If the department determines that a bank prospectus is acceptable pursuant to Section 1798, the person seeking to establish the bank may submit a bank agreement package to the department. Pursuant to subdivision (c) of Section 1799.1, the department may adopt and amend guidelines and criteria for the bank agreement package, including, but not limited to, recommended standard forms for bank enabling instruments or long-term management plan and conservation easements. (2) The bank agreement package shall be consistent with the prospectus and contain at least all of the following information: (A) The draft bank enabling instrument and all exhibits. (B) Drafts of the interim management plan, long-term management plan, bank closure plan, and, if applicable, a development or construction plan for the bank. (C) A draft conservation easement, or, if potential state ownership is contemplated by the department, a draft grant deed. (D) A map and written description of the proposed bank service area. (E) A proposed credit ledger and credit release schedule for the bank. (F) A property analysis record or other comparable economic analysis of the funding necessary to support bank maintenance activities, such as monitoring and reporting, in perpetuity. (G) Estimates of financial assurances and proposed forms of security. Proposed forms of security may be cash, a letter of credit, or a surety bond. (H) A phase I environmental site assessment of the site of the proposed bank dated not more than six months prior to the date the bank agreement package is submitted to the department. This assessment shall be performed in accordance with the American Society of Testing and Materials Standard E1527-05 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” or any successive ASTM standard active at the time of the assessment. (b) The department shall collect a fee of twenty-five thousand dollars ($25,000) per bank agreement package to fund the cost of the department’s review services. The fee shall be collected at the time the bank agreement package is submitted to the department. (c) Within 30 calendar days following the department’s receipt of a bank agreement package and fee pursuant to subdivision (a), the department shall determine whether or not the package is complete and give written notice of the determination to the person who submitted the package. (1) If the department determines that the bank agreement package is not complete, it may be made complete and resubmitted. (2) If the department determines that the bank agreement package is complete, within 90 calendar days of that determination, the department shall determine whether or not it is acceptable and notify the person who submitted the package of the determination. If the department determines that the bank agreement package is not acceptable, the department shall state the reasons. (d) The department may request clarifying information during the bank agreement review process. (e) If the department needs supplemental information during its review of the bank agreement package in order to fully evaluate the proposed bank, the regional manager or departmental equivalent, or a higher level department employee, shall provide the person seeking to establish the bank a written request for the needed information. Upon the department’s receipt of the requested information, a new 90-day period shall begin during which the department shall determine acceptability pursuant to paragraph (2) of subdivision (c). If the department does not receive the requested information within 60 calendar days of the department’s request, the bank agreement package will be deemed unacceptable. (f) If the person seeking to establish the bank proposes changes to the bank agreement package that have not been solicited by the department during its 90-day review period, including, but not limited to, parties, number or type of credits, bank size, number or type of species, credit release schedule, service area, design change, or other changes as identified by the department as necessitating additional review time, the department, acting through the regional manager or department equivalent, or a higher level department employee, shall assess a one-time fee of ten thousand dollars ($10,000) to cover the reasonable cost of the department’s services in reviewing the changes. A new 90-day review period shall begin upon the department’s receipt of the proposed changes and the associated review fee, during which it will determine acceptability pursuant to paragraph (2) of subdivision (c). (g) If the department determines that 90 days is insufficient time to complete its review of the bank agreement package for reasons including, but not limited to, the size, location, or complexity of the bank, that the package includes a development or construction plan, complexity of the bank agreement package, or substantial variations from recommended standard forms, the department may extend the 90-day period for reviewing the bank agreement package by an additional 60 calendar days. (h) If the department determines that a bank agreement package is not acceptable, the package may be resubmitted in accordance with subdivision (a) if further consideration is desired. Any resubmittal shall be accompanied by payment of a new bank agreement package review fee. (Amended by Stats. 2025, Ch. 401, Sec. 3. (AB 1520) Effective January 1, 2026.)
  55. 1798.6.

    ## 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 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. )

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    A person who wants to amend a bank must submit a complete amendment package to the department, and the department must review it, give notices, and charge the applicable review fee.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. ) ## 1798.6. (a) Any person seeking to amend any bank shall submit to the department a complete bank amendment package containing each of the original bank agreement package documents, including any prior amendments, as well as any documents proposed to be amended or that would be affected by the proposed amendment. The department may adopt and amend guidelines and criteria for the bank amendment package pursuant to subdivision (c) of Section 1799.1. (b) (1) Within 30 calendar days following its receipt of a draft bank amendment package and any fee required by subdivision (c), the department shall determine whether or not the package is complete and give written notice of that determination to the person who submitted the package. (2) If the department determines that the bank amendment package is complete, then within 90 calendar days of that determination, the department shall determine whether or not the package is acceptable and notify the person who submitted the package of that determination. If the bank amendment package is determined not to be acceptable, the determination shall state the reasons. The department may request clarifying information during the bank amendment review process. The department may extend the 90-day period for reviewing the bank amendment package by an additional 60 days if the department determines that 90 days is insufficient time to complete its review of a bank amendment package for reasons that may include, but are not limited to, the size, location, or complexity of the bank or bank amendment documents, that the package includes a development plan, or that there are substantial variations from recommended standard forms. (c) (1) The department shall collect a fee of either seven thousand five hundred dollars ($7,500) or twenty-five thousand dollars ($25,000) per bank amendment package to fund the reasonable cost of the department’s review services. The fee of seven thousand five hundred dollars ($7,500) is intended to cover the reasonable cost of the department’s services in reviewing simple amendments, such as a change in bank name, ownership change, address change, or proposed decrease in the number of credits proposed. The fee of twenty-five thousand dollars ($25,000) is intended to cover the reasonable cost of the department’s services in reviewing all other amendments, including, but not limited to, requests for increase change in service area, or increase in the number of credits. A regional manager or department equivalent, or a higher level department representative employee, shall determine which of the two fees is appropriate and shall provide notification of that determination to the person who submitted the request for bank amendment package pursuant to paragraph (3). (2) An initial fee of seven thousand five hundred dollars ($7,500) shall be submitted to the department with the bank amendment package. (3) Within 30 calendar days following the department’s receipt of a bank amendment package and the initial fee, pursuant to paragraph (2), the department shall determine whether or not the package is complete and give written notice of the determination to the person who submitted it and, if applicable, notice pursuant to paragraph (1) that the person shall remit an additional fee of seventeen thousand five hundred dollars ($17,500). If noticed by the department, the additional fee of seventeen thousand five hundred dollars ($17,500) shall be submitted to the department within 30 days of the notice. If the additional fee is not received by this date, the review timelines in this section shall be suspended until the fee is received by the department. (4) If the department determines that the bank amendment package is not complete, the package may be made complete and resubmitted. If the department determines that the bank amendment package is complete, then within 90 calendar days of that determination and the receipt of the additional fee pursuant to paragraph (3), if applicable, the department shall determine whether or not the bank amendment package is acceptable and notify the person who submitted the package of the determination. (d) (1) If the department determines that the bank amendment package is not acceptable the determination shall state the reasons. (2) The department may request clarifying information during the bank amendment review process. (e) If the department needs supplemental information during its review of the bank amendment package in order to fully evaluate the proposed amendment, the regional manager or department equivalent, or a higher level department employee, shall provide the person seeking to amend the bank, in writing, a written request for the needed information. Upon the department’s receipt of the requested information, a new 90-day period shall begin during which the department will determine acceptability pursuant to paragraph (4) of subdivision (c). If the department does not receive the requested information within 60 calendar days of the department’s request, the bank amendment package shall be deemed unacceptable. (f) If the person seeking to amend the bank proposes changes to the bank amendment package that have not been solicited by the department during its the department’s 90-day review period, including, but not limited to, parties, number or type of credits, bank size, number or type of species, credit release schedule, service area, design change, or other changes as identified by the department to require additional review time, the department, acting through the regional manager or department equivalent, or a higher level department employee, shall assess a one-time fee of ten thousand dollars ($10,000) to cover the reasonable cost of the department’s services in reviewing the changes. A new 90-day review period shall begin upon receipt of the proposed changes and the fee, during which the department shall determine acceptability pursuant to paragraph (4) of subdivision (c). (g) If the department determines that 90 days is insufficient time to complete its review of the bank amendment package for reasons, including, but not limited to, the size, location, or complexity of the bank or bank amendment package, that the package includes a development or construction plan, or substantial variations from recommended standard forms, the department may extend the 90-day period for reviewing the bank amendment package by an additional 60 calendar days. (h) If the department determines that a bank amendment package is not acceptable, then the package may be resubmitted in accordance with subdivision (a) if further consideration is desired. Any resubmittal shall be accompanied by payment of all applicable bank amendment package review fees. (Amended by Stats. 2023, Ch. 132, Sec. 26. (AB 1760) Effective January 1, 2024.)
  56. 1798.7.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. )

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    A submitted bank prospectus, agreement, or amendment package that was not approved by January 1, 2013 must be reviewed for completeness or acceptability under this chapter’s timelines, and only after all appropriate fees have been collected.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. ) ## 1798.7. A bank prospectus, agreement, or amendment package submitted to the department, but not approved as of January 1, 2013, shall be reviewed for completeness or acceptability in accordance with the timelines provided by this chapter and only after the department has collected all appropriate fees pursuant to this chapter. (Added by Stats. 2012, Ch. 565, Sec. 14. (SB 1148) Effective January 1, 2013.)
  57. 1799.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. )

    Verify source ↗

    A bank cannot operate or issue credits until approved in writing by the department, and amendments need written departmental approval. The department must also maintain a database, report annually to the Legislature, collect bank fees, and may halt credit sales or releases if fees are unpaid.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. ) ## 1799. (a) Until the department has approved a bank, in writing, and, if applicable, a conservation easement has been recorded on the site, no bank shall be operative, vested, or final, nor bank credits issued. No amendment to an approved bank shall be effective without the written approval of the department. (b) Following approval of a final bank agreement package and establishment of a bank, the department shall conduct compliance review activities as provided in the approved bank enabling instrument. (c) (1) The department shall establish and maintain a database that allows bank sponsors to accurately update and add information about mitigation and conservation banks. This data shall be available on the department’s Internet Web site or accessible by a link from the department’s Internet Web site. The available information shall include, but is not limited to, the total number of each type of bank credit, the types of credits sold or obligated, the number of credits sold or obligated, the number of credits applied, the balance of each type of credit remaining, the status of the species and habitat at the bank, links to the bank’s long-term management plans, and links to the complete annual monitoring reports required by departmental policy. (2) Information contained in the database created pursuant to former Chapter 9 (commencing with Section 1850) on January 1, 2011, shall be incorporated into the database established pursuant to paragraph (1). (d) By January 1, 2014, and annually thereafter, the department shall provide a report to the Legislature. The report shall include the following information based on data from the previous calendar year: (1) Number of new bank applications, prospectuses, bank agreement packages, and amendments received. (2) Number of bank applications approved, rejected because not complete, rejected because not acceptable, and withdrawn. (3) Name of new or existing bank, geographic location, number of acres, number of credits approved for each habitat type or species, and number of credits sold. (4) An accounting of fees collected pursuant to this chapter. (5) A statement of whether or not the timelines for bank review in this chapter were met. (6) Other information determined by the department to be relevant in assessing the effectiveness of the department’s mitigation and conservation banking program. (e) (1) The department shall collect fees to pay for all or a portion of the department’s bank implementation and compliance costs. (2) The department shall collect a total payment of sixty thousand ($60,000) per bank, apportioned by an amount that equals the ratio of the number of credits released to the total number of credits in the bank, and shall be identified in the bank enabling instrument. Payments shall be due following each credit release no later than the due date for the submission of the bank’s annual report. The payments shall be submitted following each credit release and no later than the time of the submission of the bank’s annual report. The department may require the bank to cease selling credits and may stop credit releases until these fees are paid in full. The department shall assess a penalty of 10 percent of the amount of fees due if there is a failure to remit the amount payable when due. (Added by Stats. 2012, Ch. 565, Sec. 14. (SB 1148) Effective January 1, 2013.)
  58. 1799.1.

    ## 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 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. )

    Verify source ↗

    The department must adjust the chapter’s fees each year, manage the money in a separate dedicated fund account, adopt and update implementation guidelines and criteria, coordinate with interested parties, post the guidelines online, and reimburse program costs from application fee revenue.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 7.9. Conservation Bank and Mitigation Bank Applications and Fees [1797 - 1799.1] ( Chapter 7.9 added by Stats. 2012, Ch. 565, Sec. 14. ) ## 1799.1. (a) The department shall annually adjust the fees in this chapter pursuant to Section 713. (b) Moneys received pursuant to this chapter shall be deposited in a separate dedicated account within the Fish and Game Preservation Fund and expended for the purposes of this chapter. (c) The department shall adopt and amend guidelines and criteria to implement this chapter. The department shall develop these guidelines and criteria in coordination with interested parties, including, but not limited to, bank sponsors, conservation organizations, and federal and state bank approving agencies. The guidelines shall incorporate all relevant documents and program guidance, including, but not limited to, the 2011 Memorandum of Understanding approved by the United States Fish and Wildlife Service, the United States Army Corps of Engineers, and the United States Environmental Protection Agency, for the purpose of jointly establishing a framework for developing and using combined or coordinated approaches to mitigation and conservation banking in California. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment, of guidelines or criteria pursuant to this section. The guidelines and criteria shall be posted on the department’s Internet Web site. (d) The costs of a conservation and mitigation banking program, including, but not limited to, costs incurred by the department during its guideline adoption and review, approval, establishment, monitoring, and oversight of banks, shall be reimbursed from revenues of conservation and mitigation bank application fees imposed pursuant to Sections 1798.5, 1798.6, and 1799. (Added by Stats. 2012, Ch. 565, Sec. 14. (SB 1148) Effective January 1, 2013.)
  59. 18.

    ## 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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    “Bag limit” means the maximum number or amount of birds, mammals, fish, reptiles, or amphibians that one person may lawfully take during a specified period.

    ## 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. ) ## 18. “Bag limit” means the maximum limit, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may lawfully be taken by any one person during a specified period of time. (Amended by Stats. 2007, Ch. 285, Sec. 1. Effective January 1, 2008.)
  60. 1800.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 8. Conservation of Wildlife Resources [1800 - 1802] ( Chapter 8 added by Stats. 1974, Ch. 1190. ) ## ARTICLE 1. Definitions [1800- 1800.] ( Article 1 added by Stats. 1974, Ch. 1190. )

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    This section defines “wildlife” for this chapter as birds, mammals, and reptiles not raised in captivity.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 8. Conservation of Wildlife Resources [1800 - 1802] ( Chapter 8 added by Stats. 1974, Ch. 1190. ) ## ARTICLE 1. Definitions [1800- 1800.] ( Article 1 added by Stats. 1974, Ch. 1190. ) ## 1800. As used in this chapter “wildlife” means birds, mammals, and reptiles not raised in captivity. (Added by Stats. 1974, Ch. 1190.)
  61. 1801.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 8. Conservation of Wildlife Resources [1800 - 1802] ( Chapter 8 added by Stats. 1974, Ch. 1190. ) ## ARTICLE 2. Policy [1801 - 1802] ( Article 2 added by Stats. 1974, Ch. 1190. )

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    The state’s policy is to encourage preservation, conservation, and maintenance of wildlife 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 8. Conservation of Wildlife Resources [1800 - 1802] ( Chapter 8 added by Stats. 1974, Ch. 1190. ) ## ARTICLE 2. Policy [1801 - 1802] ( Article 2 added by Stats. 1974, Ch. 1190. ) ## 1801. It is hereby declared to be the policy of the state to encourage the preservation, conservation, and maintenance of wildlife resources under the jurisdiction and influence of the state. This policy shall include the following objectives: (a) To maintain sufficient populations of all species of wildlife and the habitat necessary to achieve the objectives stated in subdivisions (b), (c), and (d). (b) To provide for the beneficial use and enjoyment of wildlife by all citizens of the state. (c) To perpetuate all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to all persons. (d) To provide for aesthetic, educational, and nonappropriative uses of the various wildlife species. (e) To maintain diversified recreational uses of wildlife, including the sport of hunting, as proper uses of certain designated species of wildlife, subject to regulations consistent with the maintenance of healthy, viable wildlife resources, the public safety, and a quality outdoor experience. (f) To provide for economic contributions to the citizens of the state, through the recognition that wildlife is a renewable resource of the land by which economic return can accrue to the citizens of the state, individually and collectively, through regulated management. Such management shall be consistent with the maintenance of healthy and thriving wildlife resources and the public ownership status of the wildlife resources. (g) To alleviate economic losses or public health or safety problems caused by wildlife to the people of the state either individually or collectively. Such resolution shall be in a manner designed to bring the problem within tolerable limits consistent with economic and public health considerations and the objectives stated in subdivisions (a), (b) and (c). (h) It is not intended that this policy shall provide any power to regulate natural resources or commercial or other activities connected therewith, except as specifically provided by the Legislature. (Amended by Stats. 1992, Ch. 279, Sec. 1. Effective January 1, 1993.)
  62. 1802.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 8. Conservation of Wildlife Resources [1800 - 1802] ( Chapter 8 added by Stats. 1974, Ch. 1190. ) ## ARTICLE 2. Policy [1801 - 1802] ( Article 2 added by Stats. 1974, Ch. 1190. )

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    The department has jurisdiction over fish, wildlife, native plants, and habitat, and must consult with lead and responsible agencies and provide available biological expertise for environmental document review and comments.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 8. Conservation of Wildlife Resources [1800 - 1802] ( Chapter 8 added by Stats. 1974, Ch. 1190. ) ## ARTICLE 2. Policy [1801 - 1802] ( Article 2 added by Stats. 1974, Ch. 1190. ) ## 1802. The department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. The department, as trustee for fish and wildlife resources, shall consult with lead and responsible agencies and shall provide, as available, the requisite biological expertise to review and comment upon environmental documents and impacts arising from project activities, as those terms are used in the California Environmental Protection Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Added by Stats. 1990, Ch. 1706, Sec. 10.)
  63. 1850.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. )

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    This section states the chapter’s purpose: to encourage voluntary, science-based conservation and advance mitigation strategies, while not regulating land use or making approved regional conservation investment strategies binding on independent public agency action.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. ) ## 1850. (a) The Legislature finds and declares that it would be beneficial to identify species and habitat conservation initiatives at a regional scale, including actions to address the impacts of climate change and other wildlife stressors, in order to guide voluntary investments in conservation, and compensatory mitigation for impacts to ecological resources, including impacts to threatened and endangered species, other sensitive species, natural communities, ecological processes, and wildlife corridors. (b) The purpose of this chapter is to promote the voluntary conservation of natural resources, including biodiversity and ecological processes, and to enhance resiliency to climate change and other threats. In order to further this goal, it is the policy of the state to encourage voluntary mechanisms to conserve biological and other ecological resources and to identify conservation actions, including actions to promote resiliency to the impacts of climate change and other stressors to species and habitat. (c) It is further the policy of the state to encourage voluntary mechanisms to identify and implement advance mitigation actions that do all of the following: (1) Can be used to compensate for project impacts, including, but not limited to, infrastructure and renewable energy projects, more efficiently. (2) Are effective ecologically. (3) Will help to conserve regionally important biological and other ecological resources. (d) In enacting this chapter, it is the intent of the Legislature to promote science-based conservation, including actions to promote resiliency to the impacts of climate change and other stressors. It is further the intent of the Legislature to create nonregulatory mechanisms to guide investments in conservation, infrastructure, and compensatory mitigation for impacts to natural resources, including impacts to threatened and endangered species, other sensitive species, natural communities, ecological processes, and connectivity. (e) In enacting this chapter, it is not the intent of the Legislature to regulate the use of land, establish land use designations, or to affect, limit, or restrict the land use authority of any public agency. (f) Further, in enacting this chapter, it is not the intent of the Legislature that an approved regional conservation investment strategy would be binding on independent public agency action within the strategy’s geographic scope. (Added by Stats. 2016, Ch. 455, Sec. 2. (AB 2087) Effective January 1, 2017.)
  64. 1851.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. )

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    This section defines terms used in Chapter 9, including conservation actions, easements, habitat enhancement actions, and regional conservation investment strategies.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. ) ## 1851. For purposes of this chapter: (a) “Areas of Conservation Emphasis” means the biodiversity analysis completed by the department in 2010, or the latest update of that analysis. (b) “Compensatory mitigation” means actions taken to fulfill, in whole or in part, mitigation requirements under state or federal law or a court mandate. (c) “Conservation action” means an action to preserve or to restore ecological resources, including habitat, natural communities, ecological processes, and wildlife corridors, to protect those resources permanently, and to provide for their perpetual management, so as to help to achieve one or more biological goals and objectives for one or more focal species. Conservation actions may include, but are not limited to, actions to offset impacts to focal species. (d) “Conservation easement” means a perpetual conservation easement that complies with Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of Division 2 of the Civil Code. (e) “Draft natural community conservation plan” means a substantially complete draft of a natural community conservation plan that is released after January 1, 2016, to the general public, plan participants, and the department. (f) “Focal species” means sensitive species within a regional conservation investment strategy area that are analyzed in the strategy and will benefit from conservation actions and habitat enhancement actions set forth in the strategy. (g) “Habitat enhancement action” means an action to improve the quality of wildlife habitat, or to address risks or stressors to wildlife, that has long-term durability but does not involve land acquisition or the permanent protection of habitat, such as improving in-stream flows to benefit fish species, enhancing habitat connectivity, or invasive species control or eradication. (h) “Performance-based milestones” means specifically identified steps in the implementation of a conservation action or habitat enhancement action, such as site protection, initiating implementation, completing implementation, or achieving performance standards. (i) “Performance standards” means observable or measurable physical or biological attributes that are used to determine if a conservation action or habitat enhancement action has met its objectives. (j) “Permanently protect” means doing both of the following: (1) Recording a conservation easement, in a form approved in advance in writing by the department, or establishing perpetual protection of land in a manner consistent with draft or approved natural community conservation plans within the area of the applicable regional conservation investment strategy and approved in advance in writing by the department, that prevents development, prohibits inconsistent uses, and ensures that habitat for focal species is maintained. (2) Providing secure, perpetual funding for management of the land, monitoring, and legal enforcement and defense. (k) “Regional conservation assessment” means information and analyses that document the important species, ecosystems, ecosystem processes, protected areas, and linkages within an ecoregion to provide the appropriate context for nonbinding, voluntary conservation strategies and actions. Those assessments include information for the identification of areas with greatest probability for long-term ecosystem conservation success incorporating cobenefits of ecosystem services, such as carbon, water, and agricultural lands. A regional conservation assessment may be used to provide context at an ecoregional or subecoregional scale to assist with the development of a regional conservation investment strategy. A regional conservation assessment is nonbinding, voluntary, and does not create, modify, or impose regulatory requirements or standards, regulate the use of land, establish land use designations, or affect the land use authority of, or the exercise of discretion by, any public agency. The preparation and use of a regional conservation assessment is voluntary. (l) “Regional conservation investment strategy” means information and analyses prepared pursuant to this chapter to inform nonbinding and voluntary conservation actions and habitat enhancement actions that would advance the conservation of focal species, habitat, and other natural resources and to provide nonbinding voluntary guidance for the identification of wildlife and habitat conservation priorities, investments in ecological resource conservation, or identification of locations for compensatory mitigation for impacts to species and natural resources. Regional conservation investment strategies are intended to provide scientific information for the consideration of public agencies, are voluntary, and do not create, modify, or impose regulatory requirements or standards, regulate the use of land, establish land use designations, or affect the land use authority of or exercise of discretion by, any public agency. The preparation and use of regional conservation investment strategies for this guidance is voluntary. (m) “Regional level” means the geographic scale of relevant ecologically defined units such as ecoregions. (n) “Sensitive species” means any special status species identified by a state or federal agency. (Amended by Stats. 2022, Ch. 463, Sec. 1. (AB 2805) Effective January 1, 2023.)
  65. 1852.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. )

    Verify source ↗

    The department may approve a regional conservation investment strategy.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. ) ## 1852. (a) The department may approve a regional conservation investment strategy pursuant to this chapter. A regional conservation investment strategy may be proposed by the department or any other public agency or federally recognized tribe and shall be developed after consulting with local agencies that have land use authority within the geographic area of the regional conservation investment strategy. (b) The purpose of a regional conservation investment strategy shall be to inform science-based nonbinding and voluntary conservation actions and habitat enhancement actions that would advance the conservation of focal species, including the ecological processes, natural communities, and habitat connectivity upon which those focal species depend, and to provide nonbinding voluntary guidance for one or more of the following: (1) Identification of wildlife and habitat conservation priorities, including actions to address the impacts of climate change and other wildlife stressors. (2) Investments in resource conservation. (3) Infrastructure. (4) Identification of areas for compensatory mitigation for impacts to species and natural resources. (c) A regional conservation investment strategy shall include all of the following: (1) An explanation of the conservation purpose of and need for the strategy. (2) The geographic area of the strategy and rationale for the selection of the area, together with a description of the surrounding ecoregions and any adjacent protected habitat areas and linkages that provide relevant context for the development of the strategy. (3) The focal species included in, and their current known or estimated status within, the strategy area. (4) Important resource conservation elements within the strategy area, including, but not limited to, important ecological resources and processes, natural communities, habitat, habitat connectivity, and existing protected areas, and an explanation of the criteria, data, and methods used to identify those important conservation elements. (5) A summary of historic, current, and projected future stressors and pressures in the strategy area, including climate change vulnerability, on the focal species, habitat, and other natural resources, as identified in the best available scientific information, including, but not limited to, the State Wildlife Action Plan. (6) Consideration of major water, transportation and transmission infrastructure facilities, urban development areas, and city, county, and city and county general plan designations that accounts for reasonably foreseeable development of major infrastructure facilities, including, but not limited to, renewable energy and housing in the strategy area. (7) A statement explaining how the strategy will be in compliance with all applicable laws and does not preempt the authority of state or local agencies, to implement infrastructure and urban development in local general plans. (8) Conservation goals and measurable objectives for the focal species and important conservation elements identified in the strategy that address or respond to the identified stressors and pressures on focal species. (9) Conservation actions, including a description of the general amounts and types of habitat that, if preserved or restored and permanently protected, could achieve the conservation goals and objectives, and a description of how the conservation actions and habitat enhancement actions were prioritized and selected in relation to the conservation goals and objectives. (10) Provisions ensuring that the strategy is consistent with and complements any draft natural community conservation plan, approved natural community conservation plan, or federal habitat conservation plan that overlaps with the strategy area. (11) An explanation of whether and to what extent the strategy is consistent with any previously approved state or federal recovery plan, or other state or federal approved conservation strategy that overlaps with the strategy area. (12) A summary of mitigation banks and conservation banks approved by the department or the United States Fish and Wildlife Service that are located within the strategy area or whose service area overlaps with the strategy area. (13) A description of how the strategy’s conservation goals and objectives provide for adaptation opportunities against the effects of climate change for the strategy’s focal species. (14) Incorporation and reliance on, and citation of, the best available scientific information regarding the strategy area and the surrounding ecoregion, including a brief description of gaps in relevant scientific information, and use of standard or prevalent vegetation classifications and standard ecoregional classifications for terrestrial and aquatic data to enable and promote consistency among regional conservation investment strategies throughout California. (d) A regional conservation investment strategy shall compile input and summary priority data in a consistent format that could be uploaded for interactive use in an internet website and that would allow stakeholders to generate queries of regional conservation values within the strategy area. (e) In addition to considering the potential to advance the conservation of focal species, regional conservation investment strategies shall consider all of the following: (1) The conservation benefits of preserving working lands for agricultural uses. (2) Reasonably foreseeable development of infrastructure facilities. (3) Reasonably foreseeable projects in the strategy area, including, but not limited to, housing. (4) Reasonably foreseeable development for the production of renewable energy. (5) Draft or approved natural community conservation plans within the area of the applicable regional conservation investment strategy. (Amended by Stats. 2022, Ch. 463, Sec. 2. (AB 2805) Effective January 1, 2023.)
  66. 1853.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. )

    Verify source ↗

    The department may approve a regional conservation assessment, and the assessment must meet several content and consistency 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 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. ) ## 1853. (a) The department may approve a regional conservation assessment pursuant to this chapter. A regional conservation assessment may be proposed by the department or any other public agency. A regional conservation assessment is not required for department approval of a regional conservation investment strategy. (b) If a regional conservation assessment that encompasses the area of a proposed regional conservation investment strategy has already been approved by the department, the strategy shall explain how and to what extent it has incorporated the assessment information and analysis. (c) A regional conservation assessment shall do all of the following: (1) Identify and summarize relevant regional pressures and stressors, including climate change vulnerability, conservation areas and habitat connectivity values, included in all of the following: (A) Conservation plans, such as the State Wildlife Action Plan and approved natural community conservation plans. (B) Analyses designed to identify areas of high biological diversity, such as the Areas of Conservation Emphasis. (C) Analyses designed to identify areas for habitat connectivity. (2) Identify the best available scientific information and analyses, including geospatial information regarding the distribution of species and natural communities. (3) Use spatial analysis to identify ecological relationships between existing protected areas and conservation areas. (4) Use standard or prevalent vegetation classifications and standard ecoregional classifications for terrestrial and aquatic data to enable and promote consistency among regional conservation assessments throughout California. (5) Compile input and summary data in a consistent format that could be uploaded for interactive use in an internet website and that would allow stakeholders to generate queries of regional conservation values within the strategy area. (6) Be consistent with and complement any draft natural community conservation plans, approved natural community conservation plans, regional federal habitat conservation plans, and approved recovery plans that overlap with the ecoregion or subecoregion included in the assessment. (7) Consider existing major water, transportation, and transmission infrastructure facilities in the assessment area and account for reasonably foreseeable development of major infrastructure facilities, including, but not limited to, renewable energy and housing. (8) Include a statement explaining how the assessment will be in compliance with all applicable laws and does not preempt the authority of state or local agencies, to implement infrastructure and urban development in local general plans. (9) Include an explanation of whether, and to what extent, the assessment is consistent with any previously approved assessment or amended assessment, state or federal recovery plan, or other state or federal approved conservation strategy that overlaps with the assessment area. (Amended by Stats. 2022, Ch. 463, Sec. 3. (AB 2805) Effective January 1, 2023.)
  67. 1854.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. )

    Verify source ↗

    This section lets the department prepare, approve, and extend regional conservation investment strategies, and requires public agencies or federally recognized tribes to give notice, hold meetings, and include public comments.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. ) ## 1854. (a) The department may prepare or approve a regional conservation investment strategy, or approve an amended strategy, for an initial period of up to 10 years after finding that the strategy meets the requirements of Section 1852. The department may extend the duration of an approved or amended regional conservation investment strategy for additional periods of up to 10 years after finding that the strategy continues to meet the requirements of Section 1852. For purposes of this section, an amended strategy means a complete regional conservation investment strategy submitted by a public agency or federally recognized tribe to amend substantially and to replace an approved strategy submitted by the public agency or federally recognized tribe. (b) It is the intent of this chapter to establish requirements that provide sufficient flexibility to develop each regional conservation investment strategy based on the best available information regarding the strategy area. (c) (1) A public agency or federally recognized tribe shall publish notice of its intent to create a regional conservation investment strategy. This notice shall be filed with the Governor’s Office of Planning and Research and the county clerk of each county that the regional conservation investment strategy is found in part or in whole. If preparation of a regional conservation investment strategy was initiated before January 1, 2017, this notice shall not be required. (2) (A) A public agency or federally recognized tribe proposing a strategy or amended strategy shall hold a public meeting to allow interested persons and entities to receive information about the draft regional conservation investment strategy or amended strategy early in the process of preparing it and to have an adequate opportunity to provide comments. The public meeting shall be held at a location within or near the strategy area. (B) In a draft regional conservation investment strategy or amended strategy submitted to the department for approval, the public agency or federally recognized tribe shall include copies of written public comments submitted to the public agency or federally recognized tribe at the public meeting and responses to those written comments. (C) If preparation of a regional conservation investment strategy was initiated before January 1, 2017, and a public meeting regarding the strategy or amended strategy that is consistent with the requirements of this section was held before January 1, 2017, an additional public meeting shall not be required. (D) If preparation of a regional conservation investment strategy was initiated before January 1, 2017, and a public meeting regarding the strategy was not held before January 1, 2017, the public meeting required under this section may be held after January 1, 2017, if it is held at least 30 days before the strategy is submitted to the department for approval. (3) At least 30 days before holding a public meeting to distribute information about the development of a draft regional conservation investment strategy or amended strategy, a public agency or federally recognized tribe proposing a strategy shall provide notice of a regional conservation investment strategy or amended strategy public meeting as follows: (A) On the public agency’s or federally recognized tribe’s internet website and any relevant LISTSERV. (B) To each city, county, and city and county within or adjacent to the regional conservation investment strategy area. (C) To the implementing entity for each natural community conservation plan or federal regional habitat conservation plan that overlaps with the strategy area. (D) To each public agency, organization, or individual who has filed a written request for the notice, including any agency, organization, or individual who has filed a written request to the department for notices of all regional conservation investment strategy public meetings. (4) After a draft regional conservation investment strategy or an amendment to a strategy is submitted to the department for approval, the department shall have 30 days to deem the draft regional conservation investment strategy or an amended strategy complete or to explain in writing to the public agency or federally recognized tribe submitting the strategy or amended strategy what is needed to complete the strategy or amended strategy. Within 30 days of deeming a draft regional conservation investment strategy or amended strategy complete, the department shall make the draft strategy or amended strategy available to the public on its internet website for review and comment for a period of at least 60 days and shall notify any public agency, organization, or individual who has filed a written request to the department for notices regarding draft regional conservation strategies. In a final regional conservation investment strategy or amended strategy submitted to the department for approval, the public agency or federally recognized tribe shall include responses to all written public comments submitted during the public comment period. (5) Within 30 days of the department deeming that the draft regional conservation investment strategy or amended strategy is complete, concurrent with public review of the draft strategy, the public agency or federally recognized tribe proposing the investment strategy or amended strategy shall notify the board of supervisors and the city councils in each county within the geographical scope of the strategy and provide the board of supervisors and the city councils with an opportunity to submit written comments for a period of at least 60 days. In a final regional conservation investment strategy or amended strategy submitted to the department for approval, the public agency or federally recognized tribe shall include responses to all comments submitted to the public agency or federally recognized tribe during the comment period. (6) After a final regional conservation investment strategy or amended strategy is submitted to the department for approval, the department shall have 60 days to approve the final regional conservation investment strategy or amended strategy or to explain in writing to the public agency or federally recognized tribe submitting the strategy or amended strategy what is needed to approve the strategy or amended strategy. (d) The department shall make all approved regional conservation investment strategies, including all updates to scientific information and analyses used in a regional conservation investment strategy and any amendments to the strategy available on its internet website. (e) The department shall require the use of consistent metrics that incorporate both the area and quality of habitat and other natural resources in relation to a regional conservation investment strategy’s conservation objectives to measure the net change resulting from the implementation of conservation actions and habitat enhancement actions. (Amended by Stats. 2022, Ch. 463, Sec. 4. (AB 2805) Effective January 1, 2023.)
  68. 1855.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. )

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    This section limits the legal effect of regional conservation investment strategies and preserves agency discretion.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. ) ## 1855. (a) Regional conservation investment strategies shall not affect the authority or discretion of any public agency and shall not be binding upon public agencies other than parties to a mitigation credit agreement. Nothing in this chapter increases or decreases the authority or jurisdiction of the department regarding any land use, species, habitat, area, resource, plan, process, or corridor. Regional conservation investment strategies are intended to provide scientific information for the consideration of public agencies. Nothing in this chapter or any other provision of law requires any public agency, other than a public agency that is party to a mitigation credit agreement, to adopt, implement, or otherwise adhere to a regional conservation investment strategy or a regional conservation assessment. (b) The approval or existence of a regional conservation investment strategy, mitigation credit agreement, or credit pursuant to this chapter does not do any of the following: (1) Modify in any way the standards for issuance of incidental take permits or consistency determinations pursuant to Section 2081 or 2080.1, issuance of take authorizations pursuant to Section 2835, the issuance of lake or streambed alteration agreements pursuant to Section 1602, or any other provision of this code or regulations adopted pursuant to this code. (2) Modify in any way the standards under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or in any way limit a lead agency’s or responsible agency’s discretion, in connection with any determination of whether a proposed project may or may not result in significant environmental effects or in any way establish a presumption in connection with any determination of whether a proposed project may or may not result in significant environmental effects or whether a proposed project’s impacts would be mitigated. (3) Prohibit or authorize any project or project impacts. (4) Create a presumption or guarantee that any proposed project will be approved or permitted, or that any proposed impact will be authorized, by any state or local agency. (5) Create a presumption that any proposed project will be disapproved or prohibited, or that any proposed impact will be prohibited, by any state or local agency. (6) Alter or affect, or create additional requirements for, the general plan of the city, county, or city and county, in which it is located. (7) Constitute any of the following, for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code): (A) A plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. (B) A local policy or ordinance protecting biological resources. (C) An adopted local, regional, or state habitat conservation plan. (c) Nothing in this chapter shall require a project proponent seeking to provide compensatory mitigation pursuant to Section 1602, 2080.1, 2081, or 2835 or the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) to undertake conservation actions or habitat enhancement actions identified in a regional conservation investment strategy; implement, contribute to, fund, or otherwise comply with the actions described in a regional conservation investment strategy; require or otherwise compel a project proponent to enter into a mitigation credit agreement; or use or purchase mitigation credits established pursuant to this chapter to satisfy the compensatory mitigation requirements. Nothing in this section shall prevent a project proponent from proposing mitigation consistent with one or more strategies approved pursuant to this chapter. (d) Mitigation credits provided by this chapter shall not be utilized to fund or offset the costs of the design, construction, or mitigation of new Delta water conveyance facilities. (e) The department shall not reject biologically appropriate and adequate compensatory mitigation proposed by a project proponent on the basis that the compensatory mitigation is not a conservation action or habitat enhancement identified in a regional conservation investment strategy. (Added by Stats. 2016, Ch. 455, Sec. 2. (AB 2087) Effective January 1, 2017.)
  69. 1856.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. )

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    This section lets approved conservation or habitat enhancement actions create mitigation credits, but only under a mitigation credit agreement with the department and subject to the section’s 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 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. ) ## 1856. (a) A conservation action or habitat enhancement action that measurably advances the conservation objectives of an approved regional conservation investment strategy may be used to create mitigation credits that can be used to compensate for impacts to focal species and other species, habitat, and other natural resources, as provided in this section. The requirements of this section apply only to the creation of mitigation credits under mitigation credit agreements pursuant to this section and do not establish requirements for other forms of compensatory mitigation. (b) For a conservation action or habitat enhancement action identified in a regional conservation investment strategy to be used to create mitigation credits pursuant to this section, the regional conservation investment strategy shall include, in addition to the requirements of Section 1852, all of the following: (1) An outline for adaptive management and monitoring of conserved habitat and other conserved natural resources, consistent with the goals and objectives of the regional conservation investment strategy. The outline shall guide the preparation of, and consistency among, monitoring and long-term adaptive management plans required pursuant to paragraph (14) of subdivision (g). (2) (A) A process for persons and entities entering into mitigation credit agreements approved pursuant to the regional conservation investment strategy to provide information to the public agency or federally recognized tribe that proposed the regional conservation investment strategy to allow the public agency or federally recognized tribe to track the progress of, and evaluate the effectiveness of, conservation actions and habitat enhancement actions identified in the strategy in offsetting identified threats to focal species and achieving the strategy’s biological goals and objectives. (B) The tracking and evaluation required pursuant to subparagraph (A) shall begin upon the creation of the first mitigation credit under a mitigation credit agreement approved pursuant to the regional conservation investment strategy. The evaluation required pursuant to subparagraph (A) shall be submitted to, and shall be considered by, the department before the department may extend the duration of an approved or amended regional conservation investment strategy pursuant to Section 1854. The evaluation may occur, and may be submitted to the department, no earlier than one year before the expiration of the regional conservation investment strategy. Tracking and evaluation shall be based on relevant, current, best available information and analyses, including, but not limited to, information reported under monitoring and long-term adaptive management plans required pursuant to paragraph (14) of subdivision (g). (3) Identification of a public or private entity that will be responsible for the evaluation required pursuant to paragraph (2). (c) If a person or public or private entity intends to create mitigation credits on multiple future sites over time, the person or entity may develop and submit an advance mitigation framework to the department for approval in a draft mitigation credit agreement pursuant to subdivision (g). Alternatively, the person or entity may submit an advance mitigation framework to the department for approval before submitting a draft mitigation credit agreement to the department and, if the advance mitigation framework is approved, may include it in a draft mitigation credit agreement. An advance mitigation framework shall include all of the following: (1) A process and the terms and conditions on which the department will base its review and approval of mitigation credits on future sites. (2) A description of the conservation actions or habitat enhancement actions that are consistent with, and will measurably advance the conservation objectives of, an approved regional conservation investment strategy, and will be used to create mitigation credits. (3) A prioritization strategy for selecting future sites to implement the conservation actions or habitat enhancement actions described in the framework. (d) (1) A mitigation credit created in accordance with this section may be used to fulfill, in whole or in part, compensatory mitigation requirements established under any state or federal environmental law, as determined by the applicable local, state, or federal regulatory agency. (2) With the approval of the department, mitigation credit agreements may be combined with other instruments or agreements for the purpose of creating mitigation credits that may be used to fulfill, in whole or in part, compensatory mitigation requirements established in permits issued by one or more local, state, or federal regulatory agencies, as well as permits issued by the department. (3) Mitigation credits approved by the department in accordance with this section may be used for, but are not limited to, the following: (A) To compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 within an approved regional conservation investment strategy area. (B) To reduce adverse impacts to fish or wildlife resources, or both, from activities authorized pursuant to Chapter 6 (commencing with Section 1600) within an approved regional conservation investment strategy area to less than substantial. (C) To mitigate significant effects on the environment within an approved regional conservation investment strategy area pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations). (e) The department shall ensure the long-term durability of a habitat enhancement action. If a habitat enhancement action is used to create one or more mitigation credits pursuant to this section, the habitat enhancement action shall remain in effect at least until the site of the environmental impact is returned to preimpact ecological conditions. (f) To create mitigation credits pursuant to this section, a person, or public or private entity, shall enter into a mitigation credit agreement with the department. The mitigation credit agreement shall identify the type and number of mitigation credits proposed to be created and the terms and conditions under which the mitigation credits may be used. Mitigation credits shall not be created on a site that has already been permanently protected and has been used, or is currently in use, to fulfill compensatory mitigation requirements for permanent impacts for one or more projects. The person or entity may create and use, sell, or otherwise transfer the mitigation credits upon department approval that the credits have been created in accordance with the agreement. (g) To enter into a mitigation credit agreement with the department, a person or entity shall submit a draft mitigation credit agreement to the department for its review, revision, and approval or disapproval. Within 30 days of deeming a draft agreement complete, the department shall publish notice of the availability of the draft agreement by filing its notice with the Governor’s Office of Planning and Research and the city and county clerks of each county in which the agreement is applicable in part or in whole and shall make the draft agreement available to the public on its internet website, and to any public agency, organization, or individual who has filed a written request to the department for notices regarding agreements, for review and comment for a period of at least 60 days, following which the person or entity submitting the draft mitigation credit agreement proposal shall respond to written comments submitted during the public comment period, and the department may approve the agreement, approve it with revisions, or disapprove it. The department may enter into a mitigation credit agreement if it determines that the mitigation credit agreement does all of the following: (1) Provides contact information for, and establishes the qualifications of, the person or entity entering into the agreement, the entity that will manage the site of the conservation action or habitat enhancement action, and any contractors or consultants. (2) Fully describes the proposed conservation actions or habitat enhancement actions and explains how, and to what extent, they will measurably advance conservation objectives of the regional conservation investment strategy that have not yet been achieved. (3) Identifies the location of the conservation actions or habitat enhancement actions, including a location map, address, and size of the site where the proposed conservation action or habitat enhancement action will be implemented. (4) Provides color aerial and ground-level photographs that reflect current conditions on the site and surrounding properties. (5) Explains how the mitigation credits will be created, including, but not limited to, information regarding proposed ownership arrangements, long-term management strategy, and any phases of implementation. (6) Identifies mitigation banks and conservation banks approved by the department as a mitigation alternative and explains how available mitigation credits at those banks will be purchased or used in combination with the mitigation credits created under the mitigation credit agreement or, if those available mitigation credits will not be purchased or used, why they will not be purchased or used. (7) Includes a natural resources evaluation that documents biotic and abiotic baseline conditions, including past, current, and adjacent land uses, vegetation types, species information, topography, hydrology, and soil types. (8) Identifies public lands and permanently protected lands in the vicinity of the conservation actions or habitat enhancement actions. (9) Fully describes the proposed type and quantity of mitigation credits and the supporting rationale. Mitigation credits created pursuant to this section shall directly correlate to the focal species and other species, habitat, and other natural resources protected by the conservation actions or habitat enhancement actions. (10) Identifies metrics or indicators by which the proposed conservation action or habitat enhancement action’s contribution to achieving the strategy’s conservation goals and objectives can feasibly be measured with existing technology. The net ecological gain from the implementation of conservation actions and habitat enhancement actions that include habitat restoration shall be reported using consistent metrics that measure the increment of gain in the area and quality of habitat or other natural resource values compared to baseline conditions described in the regional conservation investment strategy, and measures the increment of gain in relation to the regional conservation investment strategy’s conservation objectives. (11) Describes the proposed landownership of the site or sites of the conservation actions or habitat enhancement actions. (12) Includes a template conservation easement, or other instrument providing for perpetual protection of land in a manner consistent with approved natural community conservation plans within the area of the applicable regional conservation investment strategy, for the sites of any conservation action and an explanation of how the long-term durability of the sites of any habitat enhancement actions will be ensured. (13) Ensures that the implementation of the conservation actions or habitat enhancement actions will be adequately funded and that long-term protection and management of the sites will be funded in accordance with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code or, if a state agency proposed to enter into a mitigation credit agreement, another comparable funding mechanism approved by the department in accordance with an adopted statewide policy regarding funding for long-term management and operations of mitigation sites. (14) Includes a template monitoring and long-term adaptive management plan. (15) Explains the terms and conditions under which the proposed mitigation credits may be sold or otherwise transferred and how the proposed mitigation credits will be accounted for, including the specific methods proposed for reporting and maintaining a record of credit creation, release, and use, sale, or transfer. (16) Includes enforcement provisions. (17) Ensures that, for each site on which the conservation actions or habitat enhancement actions will be implemented, information consistent with, pursuant to this chapter, the information required for a mitigation bank in paragraph (2) of subdivision (b) of Section 1798 and subparagraphs (B) to (H), inclusive, of paragraph (2) of subdivision (a) of Section 1798.5 shall be prepared and submitted to the department for review for adequacy and approval prior to implementation. (18) Includes a proposed credit ledger and credit release schedule that meets the requirements of subdivision (h). (h) (1) The release of mitigation credits for use, sale, or transfer under a mitigation credit agreement shall require the department’s approval in accordance with this subdivision. Once the department has approved the release of a mitigation credit, it may be used, sold, or transferred in accordance with the mitigation credit agreement regardless of the duration or expiration of the regional conservation investment strategy or strategies on which the mitigation credit agreement relied. (2) The release of mitigation credits shall be tied to performance-based milestones and achievement of ecological performance standards. The credit release schedule for each mitigation credit agreement shall reserve a substantial share of the total credits for release after those ecological performance standards are fully achieved. Performance-based milestones shall include, but are not limited to, the following: (A) Permanently protecting the site of a conservation action, or putting into place measures that ensure the long-term durability of a habitat enhancement action in accordance with subdivision (e). (B) Completing construction of any proposed habitat restoration actions. (C) Achieving temporal ecological performance standards for any proposed habitat restoration actions, such as standards established for one year, three years, or five years following the initiation of habitat restoration. (D) Fully achieving ecological performance standards. (3) The terms of the credit release schedule shall be specified in the mitigation credit agreement. When conservation actions and habitat enhancement actions are implemented and meet the performance-based milestones specified in the credit release schedule, credits shall be created in accordance with the credit release schedule. If a conservation action or habitat enhancement action does not meet performance-based milestones, the department may suspend the release of credits, reduce the number of credits, or otherwise modify the credit release schedule accordingly. (4) In order for mitigation credits to be released, the person or entity that has entered into a mitigation credit agreement shall demonstrate to the department that the appropriate performance-based milestones for credit release have been met. The department shall determine whether the milestones have been met and the credits may be released. (i) (1) Mitigation credit agreements may be used to establish the terms and conditions under which mitigation credits can be created by projects that improve wildlife habitat, or that address stressors to wildlife, to an extent that quantifiably exceeds compensatory mitigation requirements established by the department for those projects pursuant to Chapter 6 (commencing with Section 1600) or Chapter 1.5 (commencing with Section 2050) of Division 3. Those projects may include, but are not limited to, the construction of setback levees that result in the creation of more floodplain or riparian habitat than is required to compensate for construction impacts or the construction of transportation facility improvements that remove barriers to fish or wildlife movement and thereby improve the quality of habitat or address stressors to wildlife to a greater extent than is required to compensate for construction impacts. For those projects, the project proponent may submit a draft mitigation credit agreement that proposes the terms and conditions under which mitigation credits may be created and used by or in conjunction with those projects to the department for its review, revision, and approval. The submission may occur concurrently with, or after, an application submitted pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 or a notice submitted pursuant to Chapter 6 (commencing with Section 1600) or may occur after the application or notice is submitted. Where a draft mitigation agreement is submitted concurrently with the application or notice, the department shall review the draft mitigation credit agreement concurrently with its review of the application or notice and shall, to the maximum extent practicable, complete its review of both the notice or application and the draft agreement concurrently. (2) Mitigation credit agreements submitted to the department pursuant to this subdivision may comply with the requirements of subdivision (h) with a credit release schedule related to construction of the project that will improve wildlife habitat, or will address stressors to wildlife, to an extent that exceeds compensatory mitigation requirements quantifiably. For those projects, construction of the project may be a performance-based milestone required by paragraph (2) of subdivision (h). (j) Nothing in this chapter is intended to limit or impose additional conditions on the creation or sale of mitigation credits by a conservation bank or mitigation bank approved by the department pursuant to Chapter 7.9 (commencing with Section 1797). (k) The creation of mitigation credits pursuant to this section from a conservation action or habitat enhancement action implemented within the plan area of an approved natural community conservation plan shall require the advance written approval of the plan’s implementing entity. This advance written approval may be provided in a letter from the implementing entity to the person or entity seeking a mitigation credit agreement with the department, or in any other form approved by the department. (l) The department shall make project mitigation credit and release information, including the demonstration submitted pursuant to paragraph (4) of subdivision (h), publicly available on the department’s internet website. (Amended by Stats. 2022, Ch. 463, Sec. 5. (AB 2805) Effective January 1, 2023.)
  70. 1857.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. )

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    A state fund is established, and the department must collect fees or other compensation for certain mitigation and conservation proposals.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. ) ## 1857. (a) The Fish and Wildlife Regional Conservation Investment Strategy Program Fund is hereby established in the State Treasury. (b) The department shall collect fees or other compensation from a person or entity that proposes to enter into a mitigation credit agreement, and from a public agency or federally recognized tribe that proposes a regional conservation investment strategy or a regional conservation assessment, to pay for all or a portion of the department’s costs relating to the mitigation credit agreement, proposed strategy, or proposed assessment. Fees received pursuant to this subdivision shall be deposited in the Fish and Wildlife Regional Conservation Investment Strategy Program Fund. (Amended by Stats. 2022, Ch. 463, Sec. 6. (AB 2805) Effective January 1, 2023.)
  71. 1858.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. )

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    The department may adopt guidelines and criteria, post drafts online, and must give public review-and-comment opportunities and notices before adopting 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 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. ) ## 1858. (a) The department may adopt guidelines and criteria to aid in the implementation of this chapter. 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 or criteria pursuant to this section. The department may post a draft of any proposed guidelines or guidelines amendment on its internet website for public review and comment. Adopted guidelines and criteria shall be posted on the department’s internet website. (b) (1) The department shall provide an opportunity for review and comment on the draft guidelines or guidelines amendment for a reasonable period based on the complexity of the draft guidelines or guidelines amendment, but not less than 30 days. Review and comment shall not be required for annual updates to the fee schedule. (2) The department shall give notice of the availability of the draft guidelines or guidelines amendment for review and comment to each of the following: (A) A public agency or federally recognized tribe that has published notice of its intent to create a regional conservation investment strategy. (B) A person or entity that has submitted a mitigation credit agreement. (C) A public agency, organization, or individual who has filed a written request to the department for notices regarding draft guidelines. (Amended by Stats. 2022, Ch. 463, Sec. 7. (AB 2805) Effective January 1, 2023.)
  72. 1860.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. )

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    This section says Chapter 9 does not override, limit, or otherwise change the Sacramento-San Joaquin Delta Reform Act of 2009 or Division 22.3 of the Public Resources Code.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies [1850 - 1860] ( Chapter 9 added by Stats. 2016, Ch. 455, Sec. 2. ) ## 1860. Nothing in this chapter supersedes, limits, or otherwise modifies the Sacramento-San Joaquin Delta Reform Act of 2009 (Division 35 (commencing with Section 85000) of the Water Code) or Division 22.3 (commencing with Section 32300) of the Public Resources Code. (Added by Stats. 2016, Ch. 455, Sec. 2. (AB 2087) Effective January 1, 2017.)
  73. 19.

    ## 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 “possession limit” as the maximum amount of certain wildlife one person may lawfully possess.

    ## 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. ) ## 19. “Possession limit” means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person. (Added by Stats. 2007, Ch. 285, Sec. 2. Effective January 1, 2008.)
  74. 1900.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

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    This section states that the chapter’s purpose is to preserve, protect, and enhance endangered or rare native plants of the state.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1900. The intent of the Legislature and the purpose of this chapter is to preserve, protect and enhance endangered or rare native plants of this state. The Legislature finds that many species and subspecies of native plants are endangered because their habitats are threatened with destruction, drastic modification, or severe curtailment, or because of commercial exploitation or by other means, or because of disease or other factors. (Added by Stats. 1977, Ch. 1181.)
  75. 1901.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

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    The department must establish criteria for deciding whether a native plant species, subspecies, or variety is endangered or rare.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1901. The department shall establish criteria for determining if a species, subspecies, or variety of native plant is endangered or rare. As used in this chapter, “native plant” means a plant growing in a wild uncultivated state which is normally found native to the plantlife of this state. A species, subspecies, or variety is endangered when its prospects of survival and reproduction are in immediate jeopardy from one or more causes. A species, subspecies, or variety is rare when, although not presently threatened with extinction, it is in such small numbers throughout its range that it may become endangered if its present environment worsens. (Added by Stats. 1977, Ch. 1181.)
  76. 1904.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

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    The commission may designate endangered and rare native plants after a public hearing. If the plants’ location is known, the department must notify landowners and provide appropriate protection information.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1904. The commission may, after public hearing, designate endangered and rare native plants. To the extent that the location of such plants is known, the department shall notify the owners of such land of the fact that a rare or endangered native plant is growing thereon and provide such information about the protection of such plants as may be appropriate. (Added by Stats. 1977, Ch. 1181.)
  77. 1905.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

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    The department may do botanical research and field investigations, and may collect and share statistics and information about native plants.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1905. The department may undertake botanical research and field investigations and may collect and diffuse such statistics and information as shall pertain to the conservation, protection, and perpetuation of native plants. (Added by Stats. 1977, Ch. 1181.)
  78. 1906.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

    Verify source ↗

    The department may take native plants for scientific or propagation purposes, and may import, propagate, and distribute native plants.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1906. Nothing in this code or any other law shall prohibit the department from taking, for scientific or propagation purposes, any species of native plants. The department may import, propagate, and distribute native plants. (Added by Stats. 1977, Ch. 1181.)
  79. 1907.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

    Verify source ↗

    The commission may adopt regulations for endangered or rare native plants, and those regulations may require written records and permits issued by the department. Some nursery stock activities are exempt from the permit requirement unless they involve collecting rare or endangered wild plants.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1907. (a) The commission may adopt regulations governing the taking, possession, propagation, transportation, exportation, importation, or sale of any endangered or rare native plants. Such regulations may include, but shall not be limited to, requirements for persons who perform any of the foregoing activities to maintain written records and to obtain permits which may be issued by the department. (b) Persons engaged in the production, storage, sale, delivery, or transportation of nursery stock pursuant to the provisions of Part 3 (commencing with Section 6701) of Division 4 of the Food and Agricultural Code shall not be required to obtain a permit pursuant to this chapter unless such activities involve the collection of rare or endangered plants or parts or products thereof growing in a wild, uncultivated state. (c) Persons who purchase nursery grown stock shall not be required to obtain a permit pursuant to this chapter. (Added by Stats. 1977, Ch. 1181.)
  80. 1908.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

    Verify source ↗

    No person may import, take, possess, or sell certain endangered or rare native plants in this state, subject to stated exceptions.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1908. No person shall import into this state, or take, possess, or sell within this state, except as incident to the possession or sale of the real property on which the plant is growing, any native plant, or any part or product thereof, that the commission determines to be an endangered native plant or rare native plant, except as otherwise provided in this chapter. (Added by Stats. 1977, Ch. 1181.)
  81. 1909.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

    Verify source ↗

    Authorized deputies, inspectors, or agents may exercise powers given under this chapter, and persons vested with enforcement power have peace officer powers for that enforcement.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1909. (a) When any power or authority is given by any provision of this chapter to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person. (b) Any person in whom the enforcement of any provision of this chapter is vested has the power of a peace officer as to the enforcement of that provision. This subdivision applies to any state or federal agencies, the State of Nevada, the State of Oregon, or the State of Arizona, with which cooperative agreements have been made by the department to enforce any provisions of this chapter. (Amended by Stats. 2023, Ch. 132, Sec. 27. (AB 1760) Effective January 1, 2024.)
  82. 1910.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

    Verify source ↗

    A peace officer, or a department employee or agent, may arrest without a warrant and confiscate plants or plant parts when enforcing this chapter and witnessing a violation.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1910. A peace officer or an employee or agent of the department may, in the enforcement of this chapter, make arrests without warrant for a violation of this chapter he may witness, and may confiscate plants or parts thereof when unlawfully taken, transported, possessed, sold, or otherwise, in violation of this chapter. The provisions of this chapter are in addition to the provisions of Section 384a of the Penal Code. (Added by Stats. 1977, Ch. 1181.)
  83. 1911.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

    Verify source ↗

    All state departments and agencies must consult the department and use their authority to carry out conservation programs for endangered or rare native plants.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1911. All state departments and agencies shall, in consultation with the department, utilize their authority in furtherance of the purposes of this chapter by carrying out programs for the conservation of endangered or rare native plants. Such programs include, but are not limited to, the identification, delineation and protection of habitat critical to the continued survival of endangered or rare native plants. (Added by Stats. 1977, Ch. 1181.)
  84. 1912.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

    Verify source ↗

    This chapter does not apply to emergency work needed to protect life or property, but the person or agency doing that work must notify the department within 14 days after the work starts.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1912. The provisions of this chapter shall not be applicable to emergency work necessary to protect life or property; however, notification by the person or agency performing such emergency work shall be made to the department within 14 days of the commencement of such work. (Added by Stats. 1977, Ch. 1181.)
  85. 1913.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. )

    Verify source ↗

    This section limits how the chapter affects agricultural, timber, mining, plant-removal, and public utility/public agency activities, and it requires landowners in one notice situation to give the department at least 10 days’ advance notice before changing land use.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 10. Native Plant Protection [1900 - 1913] ( Chapter 10 added by Stats. 1977, Ch. 1181. ) ## 1913. (a) The provisions of this chapter are not intended and shall not be construed as authorizing any public agency to mandate, prescribe, or otherwise regulate agricultural operations or management practices, including the clearing of land for agricultural practices or fire control measures. (b) Notwithstanding the provisions of Section 1911, timber operations in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code), or required mining assessment work pursuant to federal or state mining laws, or the removal of endangered or rare native plants from a canal, lateral ditch, building site, or road, or other right-of-way by the owner of the land or the owner’s agent, or the performance by a public agency or a publicly or privately owned public utility of its obligation to provide service to the public, shall not be restricted by this chapter because of the presence of rare or endangered plants, except as provided in subdivision (c) of this section. (c) Notwithstanding the provisions of subdivisions (a) and (b) of this section, where the owner of land has been notified by the department pursuant to Section 1904 that a rare or endangered native plant is growing on that land, the owner shall notify the department at least 10 days in advance of changing the land use to allow for salvage of that plant. The failure by the department to salvage that plant within 10 days of notification shall entitle the owner of the land to proceed without regard to this chapter. Submission of a timber harvesting plan pursuant to the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code) shall constitute notice under this section. Converting from one type of agricultural use, as defined in Section 51201 of the Government Code, to another type of agricultural use shall not constitute a change in land use. (Amended by Stats. 2023, Ch. 132, Sec. 28. (AB 1760) Effective January 1, 2024.)
  86. 1925.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11. California Desert Native Plants [1925 - 1926] ( Chapter 11 repealed and added by Stats. 1979, Ch. 443. )

    Verify source ↗

    The department must enforce the California Desert Native Plants Act, and it may import, propagate, and distribute native plants for scientific or propagation 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 11. California Desert Native Plants [1925 - 1926] ( Chapter 11 repealed and added by Stats. 1979, Ch. 443. ) ## 1925. The department shall enforce the provisions of the California Desert Native Plants Act Division 23 (commencing with Section 80001) of the Food and Agricultural Code except that permits, tags, seals, and wood receipts shall be issued pursuant to Chapter 4 (commencing with Section 80101) of Division 23 of the Food and Agricultural Code, by the county agricultural commissioner or the sheriff. Nothing in the California Desert Native Plants Act, or any other law, prohibits the department from taking, for scientific or propagation purposes, any species of native plants. The department may import, propagate, and distribute native plants, and the California Desert Native Plants Act does not apply to those activities. (Amended by Stats. 1985, Ch. 106, Sec. 34.)
  87. 1926.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11. California Desert Native Plants [1925 - 1926] ( Chapter 11 repealed and added by Stats. 1979, Ch. 443. )

    Verify source ↗

    The department must cooperate fully with the Department of Food and Agriculture when carrying 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 11. California Desert Native Plants [1925 - 1926] ( Chapter 11 repealed and added by Stats. 1979, Ch. 443. ) ## 1926. In carrying out the provisions of this chapter, the department shall cooperate fully with the Department of Food and Agriculture. (Repealed and added by Stats. 1979, Ch. 443.)
  88. 1927.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

    Verify source ↗

    This chapter is named the Western Joshua Tree 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 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927. This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act. (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  89. 1927.1.

    ## 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 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

    Verify source ↗

    This section defines key terms used in the Western Joshua Tree 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 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.1. For purposes of this chapter, the following definitions apply: (a) “Accessory structure” means a subordinate structure, the use of which is incidental to an existing or contemporaneously constructed single-family residence, including, an accessory dwelling unit, addition to an existing single-family residence, garage, carport, swimming pool, patio, greenhouse, storage shed, gazebo, septic tank, sewer connection, solar panels, fence, or gravel or paved driveway. (b) “California Endangered Species Act” means the act established pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. (c) “Conserve” or “conservation” means to use, and the use of, methods and procedures that are necessary to bring species listed pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 to the point at which the measures provided pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 are no longer necessary, and for species that are not listed to maintain or enhance the condition of the species so that listing will not become necessary. (d) “Dead western Joshua tree” means a western Joshua tree that meets at least one of the following criteria: (1) Has not burned and has no green leaves, no new growth on the main stem, and no basal sprouts. (2) Has partially or fully burned at least 18 months prior and otherwise satisfies paragraph (1). (3) Has fallen and is completely detached from its roots or has fallen and its roots are no longer in contact with the soil. (e) “Desert native plant specialist” means an arborist certified by the International Society of Arborists, or an individual with at least five years of professional experience with relocation or restoration of native California desert vegetation. (f) “Fee” means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund. (g) “Fund” means the Western Joshua Tree Conservation Fund as described in Section 1927.5. (h) “Multifamily residence” means an apartment building, rowhouse, town house, condominium, or manufactured building that consists of two or more attached dwelling units designed for occupancy by two or more families living independently of one another. (i) “Public works project” means a project involving the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (j) “Relocated” or “relocation” means the removal of a living western Joshua tree and a sufficient portion of its root mass from the ground and transplanting it. (k) “Single-family residence” means a single detached building that has been, or will be, constructed and used as living facilities, including provisions for sleeping, eating, cooking, and sanitation, as required by the California Building Standards Code, for not more than one household. (l) “Western Joshua tree” means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae). (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  90. 1927.10.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

    Verify source ↗

    This chapter is not a general project approval. A project proponent who receives approval under the chapter must still get all needed permits and approvals and follow all applicable federal, state, and local laws.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.10. This chapter is not intended to be construed as, or to be, a general project approval. It shall be the responsibility of each project proponent receiving approval from the department under this chapter to obtain all necessary permits and approvals and to comply with all applicable federal, state, and local laws. (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  91. 1927.11.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

    Verify source ↗

    A county or city may adopt and enforce ordinances that require stronger western Joshua tree conservation measures as a condition of project 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 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.11. This chapter does not preclude a county or city from adopting and enforcing ordinances that require as a condition of approving a project more protective measures designed to conserve the western Joshua tree. (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  92. 1927.12.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

    Verify source ↗

    This section says the chapter is severable: if one provision or its application is invalid, the rest can still operate if they can work without 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 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.12. The provisions of this chapter are severable. If any provision of this chapter 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. (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  93. 1927.2.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

    Verify source ↗

    This section generally prohibits anyone from importing, exporting, taking, possessing, purchasing, or selling western Joshua trees or their parts, unless an authorization applies.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.2. (a) No person or public agency shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, a western Joshua tree or any part or product of the tree, except as authorized pursuant to any of the following, as applicable: (1) This chapter. (2) The California Endangered Species Act. (3) The Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3). (b) During any period in which the western Joshua tree has been designated by the commission as a candidate for listing under the California Endangered Species Act, any person or public agency seeking a take authorization for the western Joshua tree may obtain a take authorization as provided by the California Endangered Species Act or by electing to pay the fees set forth in Section 1927.3. (c) (1) This chapter is a change in state law, within the meaning of paragraph (1) of subdivision (c) of Section 2075.5, that has a direct and significant impact on the commission’s determination as to whether the petitioned action is warranted. Pursuant to subdivision (c) of Section 2075.5, the commission shall reopen the administrative record for the commission’s determination for the purpose of assessing the impact of the conservation program established by this chapter. (2) In making the assessment described in paragraph (1), the commission shall consider all of the following: (A) The effectiveness of any conservation measures funded through expenditures of fees by the department pursuant to Section 1927.5. (B) The conservation plan developed by the department and approved by the commission pursuant to Section 1927.6. (C) Any annual reports submitted to the commission by the department pursuant to Section 1927.7. (D) Any recommendations submitted to the commission by the department pursuant to subdivision (a) of Section 1927.8. (E) The fee adjustments, if any, adopted by the department pursuant to subdivision (b) of Section 1927.8. (F) An updated status review to be submitted to the commission by the department no later than January 1, 2033, unless the commission directs the department to submit the updated status review sooner. (d) If the commission determines that listing the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act is not warranted, this chapter shall remain operative and the authorization of take of a western Joshua tree shall be pursuant to this chapter. (e) If the commission determines that listing the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act is warranted, this chapter shall become inoperative and the authorization of take of a western Joshua tree shall only be pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3). (f) Upon the approval of a natural community conservation plan that provides for the conservation of the western Joshua tree as a covered species, the authorization of take of a western Joshua tree for any project or activity covered by the plan shall only be pursuant to Chapter 10 (commencing with Section 2800) of Division 3. (g) The provisions of the Native Plant Protection Act (Chapter 10 (commencing with Section 1900)), and the California Desert Native Plants Act (Division 23 (commencing with Section 80001) of the Food and Agricultural Code), shall not apply to the western Joshua tree. (h) This section shall not preclude the department from authorizing, by permit or memorandum of understanding, the taking, possession, purchase, or sale within the state of a western Joshua tree to aid the conservation and recovery of the western Joshua tree, or entering into memoranda of understanding with California Native American tribes to provide for the taking and possession of western Joshua trees for tribal cultural purposes, or as otherwise required by applicable law. (i) Any authorization issued by the department pursuant to Section 2081 or 2084, before the enactment of this chapter, to import, export, take, possess, purchase, or sell a western Joshua tree shall be valid and remain in effect after the enactment of this chapter pursuant to the terms of the authorization. (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023.)
  94. 1927.3.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

    Verify source ↗

    The department may issue permits to take western Joshua trees if the permittee meets specified census, avoidance, mitigation, and funding 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 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.3. (a) The department may authorize, by permit, the taking of a western Joshua tree if all of the following conditions are met: (1) The permittee submits to the department for its approval a census of all western Joshua trees on the project site, including size information and photographs, that categorize the western Joshua trees according to the following size classes: (A) Less than one meter in height. (B) One meter or greater but less than five meters in height. (C) Five meters or greater in height. (2) The permittee avoids and minimizes impacts to, and the taking of, the western Joshua tree to the maximum extent practicable. Minimization may include trimming, encroachment on root systems, relocation, or other actions that result in detrimental but nonlethal impacts to a western Joshua tree. (3) The permittee mitigates all impacts to, and taking of, the western Joshua tree. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking of the species. When various measures are available to meet this obligation, the measures required shall maintain the permittee’s objectives to the greatest extent possible. All required measures shall be capable of successful implementation. The permittee shall ensure adequate funding to implement the mitigation measures. In lieu of completing the mitigation obligation on its own, the permittee may elect to satisfy this mitigation obligation by paying fees, pursuant to the fee schedule in subdivision (d) or (e), for deposit into the fund. (4) (A) The department may include permit conditions that require the permittee to relocate one or more of the western Joshua trees. If relocation is required, the permittee shall implement measures to assist the survival of relocated trees, and to comply with any other reasonable measures required by the department to facilitate the successful relocation and survival of the western Joshua trees. These relocation measures shall include, but are not limited to, all of the following: (i) A requirement that the relocated western Joshua tree is placed in a location and with proper orientation to improve its survival. (ii) A requirement that western Joshua trees are relocated at a time that maximizes their survival when feasible. (iii) A requirement that a desert native plant specialist be onsite to oversee relocation. (B) The department may limit relocation to certain size classes of trees. (C) By July 1, 2024, the department shall adopt guidelines and relocation protocols, based on the best available science, to relocate western Joshua trees successfully. The department shall consult with desert native plant specialists as part of the development of these guidelines and relocation protocols. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of guidelines and relocation protocols pursuant to this subparagraph. (b) For purposes of this section, each western Joshua tree stem or trunk arising from the ground shall be considered an individual tree requiring mitigation, regardless of its proximity to any other western Joshua tree stem or trunk. (c) The department may enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects concurrent with its approval of the project, if all of the following conditions are met: (1) The county or city adopts an ordinance that requires as a condition of any approval or permit issued under the authority of an agreement entered into pursuant to this subdivision satisfaction of the requirements of this chapter. (2) Except as provided otherwise in this subdivision, the county or city ensures that the permittee satisfies all of the requirements of subdivision (a) of this section. (3) The project will take no more than 10 individual western Joshua trees on the project site where the project proponent proposes to construct a single-family residence, multifamily residence, or accessory structure, or no more than 40 individual western Joshua trees on the project site on which a public agency proposes to undertake a public works project. Before authorizing the take of more than 20, but no more than 40, individual western Joshua trees for a public works project, the county or city shall obtain the department’s written concurrence that the project has avoided and minimized the take of western Joshua trees to the maximum extent practicable. (4) The county or city shall collect any fees for permits issued and remit them quarterly to the fund as directed by the department. (5) The county or city entering into an agreement pursuant to this subdivision may impose a reasonable fee to cover the administrative costs of issuing the permit. (6) (A) The department retains express authority to suspend or revoke the county or city’s take authorization in the event the department determines the county or city has violated the terms of the agreement, or this chapter, the county or city fails to implement or enforce the terms of the agreement or this chapter, or the department determines that the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. The county or city shall conduct an annual assessment of the status of the local population within the county or city and submit the assessment to the department. The department shall determine if the population needs further protection to provide for the conservation of the species. (B) The department shall adopt standardized survey and assessment methods for the annual assessment required pursuant to subparagraph (A), including requiring that a desert native plant specialist conduct the assessment. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of standardized survey and assessment methods pursuant to this subparagraph. (7) The county or city shall be required to submit to the department quarterly reports documenting the number of permits issued, photographs and other evidence demonstrating that take and other impacts were avoided and minimized to the maximum extent practicable, the number and size class of western Joshua trees authorized to be taken, the number of western Joshua trees encroached upon, the number of western Joshua trees lethally removed, the number and location of western Joshua trees relocated, the amount of fees collected, and other information required by the department in the agreement. (d) Any person or public agency receiving a take authorization pursuant to this chapter for a project that meets the criteria set forth in paragraph (1) may elect, in lieu of satisfying the mitigation obligation provided for in paragraph (3) of subdivision (a), to pay fees in the amounts provided in paragraph (2) for deposit into the fund. (1) (A) Any project in the area bounded by the intersection of Highway 99 and Highway 58, then east along Highway 58 to the intersection of Interstate 15, then north along Interstate 15 to the intersection of Highway 247, then south along Highway 247 to the intersection of Highway 18, then west along Highway 18 to the intersection of Highway 138, then west and north along Highway 138 to the intersection of Interstate 5, then north along Interstate 5 to the intersection of Highway 99, then north along Highway 99 to Highway 58. (B) Any project receiving a permit issued by a county or city pursuant to an agreement with the department pursuant to subdivision (c), regardless of location. (2) (A) One thousand dollars ($1,000) for each western Joshua tree five meters or greater in height. (B) Two hundred dollars ($200) for each western Joshua tree one meter or greater but less than five meters in height. (C) One hundred fifty dollars ($150) for each western Joshua tree less than one meter in height. (e) Any person or public agency receiving a take authorization pursuant to this chapter for a project that meets the criteria set forth in paragraph (1) may elect, in lieu of satisfying the mitigation obligation provided for in paragraph (3) of subdivision (a), to pay fees in the amounts provided in paragraph (2) for deposit into the fund. (1) (A) Notwithstanding paragraph (1) of subdivision (d), any project within two miles of Joshua Tree National Park, or any unit of the state park system. (B) Any project that does not meet the criteria set forth in paragraph (1) of subdivision (d). (2) (A) Two thousand five hundred dollars ($2,500) for each western Joshua tree five meters or greater in height. (B) Five hundred dollars ($500) for each western Joshua tree one meter or greater but less than five meters in height. (C) Three hundred forty dollars ($340) for each western Joshua tree less than one meter in height. (f) Upon request, the department may authorize a reduction in the amount of the fees prescribed by subdivisions (d) and (e) for any western Joshua tree conserved by a project proponent through the acquisition of compensatory habitat mitigation land otherwise required by law for the project. (g) (1) The permittee shall bear responsibility for implementing measures to assist the survival of western Joshua trees relocated pursuant to paragraph (4) of subdivision (a). (2) Unless specifically required by written agreement, a landowner that agrees in writing to allow western Joshua trees to be relocated onto land it owns shall not be liable for the continued survival of the western Joshua trees, shall not be required to manage or maintain the translocated western Joshua trees, and shall not be required to change existing land use practices, provided that the land use practices do not result in the taking, possession, sale, or further translocation of the western Joshua trees. (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  95. 1927.4.

    ## 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 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

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    This section lets the department issue permits for certain western Joshua tree removal or trimming, and sets application, reporting, and timing rules.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.4. (a) The department may issue a permit to authorize either the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees. (1) Upon receipt of a permit and payment of any applicable administrative fees, a property owner or its agent may remove a detached dead western Joshua tree or the detached limb of a western Joshua tree. All other removals and all trimming of western Joshua trees authorized by permits issued pursuant to this subdivision shall be completed by a desert native plant specialist. (2) The department may issue permits pursuant to this section, without payment of fees or other mitigation, provided that the dead western Joshua trees or any limbs to be removed meet one of the following: (A) Have fallen over and are within 30 feet of a structure. (B) Are leaning against an existing structure. (C) Create an imminent threat to public health or safety. (3) A property owner seeking a permit pursuant to this subdivision shall submit a permit request to the department on a form to be provided by the department that requires the following information: (A) The name, telephone number, mailing address, and email address of the property owner seeking the permit. (B) The street address of the property on which the western Joshua trees to be removed or trimmed are located. If no street address is available, the property owner shall include the assessor’s parcel number. (C) Photographs of the western Joshua trees that visually depict the dead trees or the trees to be trimmed and that demonstrate that the western Joshua tree meets one or more of the requirements of paragraph (2). (D) A signed attestation from the property owner or signed certification by a desert native plant specialist that the tree meets the definition of a dead western Joshua tree. (4) (A) Within 30 days of receipt of a request for a permit pursuant to subparagraph (A) or (B) of paragraph (2), the department shall either issue a permit allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section. (B) Within 10 days of receipt of a request for a permit pursuant to subparagraph (C) of paragraph (2), the department shall either issue a permit allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section. (C) If the department issues a permit, it shall provide the property owner 60 days in which to complete the removal or trimming. The department may extend this 60-day period in writing at its discretion. (D) If the department denies the permit request, the property owner may resubmit the request with additional information and photographs. Resubmissions pursuant to this subdivision shall be processed as new permit requests. (5) Within 30 days of completing the removal or trimming of one or more western Joshua trees in accordance with a permit issued pursuant to this section, the property owner shall submit, by mail or email, photographs of the site at which the western Joshua trees were removed or trimmed pursuant to the permit. (b) The department may enter into an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees, provided that the county or city ensures that all permits issued satisfy the requirements of subdivision (a). The county or city shall be required to submit to the department quarterly reports documenting the number of permits issued, the number and size class of western Joshua trees authorized to be removed or trimmed, and any other information specified in the agreement with the department. A county or city entering into an agreement pursuant to this subdivision may impose a reasonable fee to cover the administrative costs of issuing the permit. (c) (1) The department retains express authority to suspend or revoke an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees in the event the department determines the county or city has violated the terms of the agreement or this chapter, the county or city fails to implement or enforce the terms of the agreement or this chapter, or the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A county or city that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population of western Joshua trees within the county or city and submit the assessment to the department. The department shall determine if the population needs further protection to provide for the conservation of the species. (2) The department shall adopt standardized survey and assessment methods for the annual assessment required pursuant to paragraph (1), including requiring that a desert native plant specialist conduct the assessment. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of standardized survey and assessment methods pursuant to this paragraph. (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  96. 1927.5.

    ## 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 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

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    This section keeps the Western Joshua Tree Conservation Fund in existence, renames it, and directs certain money and fees into it for western Joshua tree conservation 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 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.5. (a) The Western Joshua Tree Mitigation Fund, created by the commission pursuant to Section 749.10 of Title 14 of the California Code of Regulations, is hereby continued in existence by this chapter, and is renamed the Western Joshua Tree Conservation Fund. Notwithstanding Section 13340 of the Government Code, any moneys in the fund are continuously appropriated to the department solely for the purposes of acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree. (b) All fees remitted to the department pursuant to this chapter shall be deposited into the fund. (c) The fund may also receive other funding to support the conservation of the western Joshua tree. (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  97. 1927.6.

    ## 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 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

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    The department must develop and implement a western Joshua tree conservation plan, work with listed stakeholders, and follow deadlines for draft and final action by the 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 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.6. (a) The department shall develop and implement a western Joshua tree conservation plan in collaboration with the commission, governmental agencies, California Native American tribes, and the public. The conservation plan shall incorporate a description of management actions necessary to conserve the western Joshua tree and objective, measurable criteria to assess the effectiveness of such actions. The conservation plan shall also include guidance for the avoidance and minimization of impacts to western Joshua trees and protocols for the successful relocation of western Joshua trees. The department shall present a complete draft conservation plan at a public meeting of the commission, for its review and approval, by December 31, 2024. The commission shall take final action on the conservation plan by June 30, 2025. The department and commission shall, if necessary, periodically update the conservation plan to ensure the conservation of the species. (b) When developing the conservation plan, the department shall consult with California Native American tribes, include co-management principles in the plan, provide for the relocation of western Joshua trees to tribal lands upon a request from a tribe, and ensure traditional ecological knowledge is incorporated into the plan. (c) The department, pursuant to Section 1927.5, shall use any fees deposited into the fund for the purpose of addressing threats to the western Joshua tree, including, but not limited to, acquiring, conserving, and managing western Joshua tree conservation lands. Acceptable expenditures from the fund may include, but are not limited to, land acquisition or conservation easement costs, monitoring costs, restoration costs, transaction costs, costs of endowments for land management or easement stewardship consistent with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code and Part 7 (commencing with Section 18501) of Division 9 of the Probate Code, and other reasonable expenditures to implement the conservation plan. The department shall prioritize actions and acquiring and managing lands that are identified as appropriate for western Joshua tree conservation in any department-approved conservation plan, including, but not limited to, the conservation plan required by subdivision (a), a regional conservation assessment, a regional conservation investment strategy, or a conceptual area protection plan. (d) (1) The department may retain one or more consultants to assist in locating, acquiring, conserving, and managing conservation lands and completing other mitigation actions to implement subdivision (c). (2) Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code, Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, Part 5.5 (commencing with Section 14600) of Division 3 of Title 2 of the Government Code, and Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any action by the department to implement subdivision (c). (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  98. 1927.7.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

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    The department must submit an annual report to the commission and the Legislature starting in 2025, by January 31 each year.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.7. (a) Beginning in 2025, by January 31 of each calendar year, the department shall submit an annual report to the commission and the Legislature assessing the conservation status of the western Joshua tree, including, but not limited to, by detailing the number of permits issued, the number and size class of western Joshua trees authorized to be taken, the number of western Joshua trees lethally removed, the number and location of western Joshua trees relocated, the number and location of acres of western Joshua tree woodlands developed, the type, scope, and scale of mitigation measures undertaken by permittees, the number and location of acres of western Joshua tree woodlands conserved, the quality of the acres conserved, the amount of fees paid, the amount of all expenditures from the fund, the projects and actions funded by expenditures from the fund, the adequacy of the fees to conserve the western Joshua tree, actions taken pursuant to the conservation plan, and other relevant information. The department’s annual report shall summarize the information provided by counties and cities pursuant to agreements entered into pursuant to subdivision (c) of Section 1927.3 and subdivision (b) of Section 1927.4. (b) The report to the Legislature pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code. (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  99. 1927.8.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

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    The commission must periodically review the western Joshua tree conservation plan, and the department must recommend changes, adjust related fees, and update regulations to support conservation.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.8. (a) Beginning in 2026, and at least every two years thereafter, the commission shall review the status of the western Joshua tree and the effectiveness of the conservation plan in conserving the species at a public meeting to be held prior to August 31. Concurrent with each review conducted pursuant to this section, the department shall make recommendations to the commission, as necessary, for amendments to the conservation plan to ensure the conservation of the western Joshua tree. (b) The department shall annually adjust the fees provided for in Section 1927.3 pursuant to Section 713. By December 31, 2026, and every three years thereafter, the department shall adopt and subsequently amend regulations pursuant to Section 702 adjusting the fees as necessary to ensure the conservation of the species. The department shall utilize total cost accounting when determining the adequacy of the fees for ensuring conservation of the species, including ensuring sufficient funds for land acquisition or conservation easement costs, monitoring costs, restoration costs, transaction costs, and the amount of endowments for land management or easement stewardship costs consistent with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code and Part 7 (commencing with Section 18501) of Division 9 of the Probate Code. (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  100. 1927.9.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. )

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    The department must submit an updated western Joshua tree status review to the commission by January 1, 2033, and the commission must consider it when making findings.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 11.5. Western Joshua Tree Conservation Act [1927 - 1927.12] ( Chapter 11.5 added by Stats. 2023, Ch. 51, Sec. 5. ) ## 1927.9. No later than January 1, 2033, the department shall submit to the commission an update to the status review previously submitted pursuant to Section 2074.6 for the western Joshua tree that incorporates any new scientific information relevant to the status of the species and includes an evaluation of the impact of the conservation and management efforts pursuant to this chapter. The commission shall consider the updated status review in making its findings pursuant to subdivision (e) of Section 2075.5. (Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)
  101. 1930.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. )

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    The Legislature states that protecting significant natural areas, wildlife corridors, and habitat connectivity is important for the state’s natural resources, biodiversity, and climate resilience.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. ) ## 1930. The Legislature finds and declares that: (a) Areas containing diverse ecological and geological characteristics are vital to the continual health and well-being of the state’s natural resources and of its citizens. (b) Many habitats and ecosystems that constitute the state’s natural diversity are in danger of being lost. (c) Connectivity between wildlife habitats is important to the long-term viability of the state’s biodiversity. (d) Preserving and connecting high-quality habitat for wildlife can create habitat strongholds. (e) Increasingly fragmented habitats threaten the state’s wildlife species. (f) There is an opportunity to provide incentive for private landowners to maintain and perpetuate significant local natural areas in their natural state. (g) Efforts to preserve natural areas have been fragmented between federal, state, local, and private sectors. (h) Analysis of the state’s habitat connectivity benefits from the consideration of all relevant data, including information from private and public landowners. (i) The department’s existing mapping activities and products should be developed and sustained. (j) The importance of wildlife corridors to assist in adapting to climate change has been recognized by such groups as the Western Governors’ Association, which unanimously approved a policy to protect wildlife migration corridors and crucial wildlife habitat in 2007. Individual local, state, and federal agencies have also adopted policies aimed at protecting wildlife corridors and habitat connectivity, in order to protect ecosystem health and biodiversity and to improve the resiliency of wildlife and their habitats to climate change. However, these efforts could be enhanced through establishment of a statewide policy to protect important wildlife corridors and habitat linkages where feasible and practicable. (Amended by Stats. 2015, Ch. 625, Sec. 2. (AB 498) Effective January 1, 2016.)
  102. 1930.2.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. )

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    This section defines “habitat stronghold” and “wildlife corridor” 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 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. ) ## 1930.2. For purposes of this chapter, the following terms have the following meanings: (a) “Habitat stronghold” means high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development. (b) “Wildlife corridor” means a habitat linkage that joins two or more areas of wildlife habitat, allowing for fish passage or the movement of wildlife from one area to another. (Added by Stats. 2023, Ch. 132, Sec. 29. (AB 1760) Effective January 1, 2024.)
  103. 1930.5.

    ## 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 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. )

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    The department must study and identify important wildlife corridor and habitat linkage areas, and prioritize vegetative data development there, if funding and legislative appropriation are provided.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. ) ## 1930.5. (a) Contingent upon funding being provided by the Wildlife Conservation Board from moneys available pursuant to Section 75055 of the Public Resources Code, or from other appropriate bond funds, upon appropriation by the Legislature, the department shall investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change, and shall prioritize vegetative data development in these areas. (b) It is the intent of the Legislature that the Wildlife Conservation Board use various funds to work with the department to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities. (c) (1) It is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for the migration and movement of species by providing connectivity between habitat lands. In order to further these goals, it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means, as applicable and to the extent feasible and practicable, those means may include, but are not limited to: (A) Acquisition or protection of wildlife corridors as open space through conservation easements. (B) Installing of wildlife-friendly or directional fencing. (C) Siting of mitigation and conservation banks in areas that provide habitat connectivity for affected fish and wildlife resources. (D) Provision of roadway undercrossings, overpasses, oversized culverts, or bridges to allow for fish passage and the movement of wildlife between habitat areas. (2) The fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for a project shall not be grounds for denying a permit or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable laws, including, but not limited to, the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3) and the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (d) The Legislature finds and declares that there are a number of existing efforts, including, but not limited to, efforts involving working landscapes, that are already working to achieve the policy described in subdivision (c). (e) Subdivision (c) shall not be construed to create new regulatory requirements or modify the requirements of subparagraphs (B) and (E) of paragraph (4) of subdivision (a) of Section 2820, or the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Amended by Stats. 2023, Ch. 132, Sec. 30. (AB 1760) Effective January 1, 2024.)
  104. 1931.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. )

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    The state’s policy is to encourage cooperation among federal, state, local, private, organizational, and individual sectors to help maintain the state’s most significant natural 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 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. ) ## 1931. The Legislature further finds and declares that it is the policy of this state to encourage the cooperation of federal, state, local, and private sectors, including private organizations and individuals, in efforts to maintain the state’s most significant natural areas. (Added by Stats. 1981, Ch. 776, Sec. 1.)
  105. 1932.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. )

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    The department must run the Significant Natural Areas Program and carry out specified data, reporting, coordination, and grant-seeking 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 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. ) ## 1932. There is hereby established the Significant Natural Areas Program, which shall be administered by the department. The department, in administering this program, shall do all of the following: (a) Obtain access to the most recent information with respect to natural resources. In order to accomplish this, the department shall maintain, expand, and keep current a data management system, designated the California Natural Diversity Data Base, designed to document information on these resources. That data shall be made available to interested parties on request. (b) Develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. This data should include information essential for evaluating the needs of wildlife species that require habitat connectivity for their long-term conservation, including distribution and movement patterns. (c) As appropriate, develop and maintain the database by incorporating mapping products and data developed by other state agencies. (d) Make all of the data sets, and associated analytical products, available to the public and other government entities. (e) Ensure cost sharing by all who use the data management system and develop an appropriate schedule of compensation to be paid by individuals using the data management system, not to exceed the actual costs for use of the data management system. (f) Ensure recognition of the state’s most significant natural areas, including those affected by climate change. The department shall, after consultation with federal, state, and local agencies, education institutions, civic and public interest organizations, private organizations, landowners, and other private individuals, identify by means of periodic reports those natural areas deemed to be most significant. (g) Seek the maintenance and perpetuation of the state’s most significant natural areas for present and future generations in the most feasible manner. The department shall consider alternative approaches for that maintenance, including alternatives to fee acquisition such as incentives, leasing, and dedication. (h) Reduce unnecessary duplication of effort. The department shall provide coordinating services to federal, state, local, and private interests wishing to aid in the maintenance and perpetuation of significant natural areas. (i) Actively pursue grants and cost-sharing opportunities with local, state, or federal agencies, or private entities that use the data sets and benefit from their creation and maintenance. (Amended by Stats. 2023, Ch. 132, Sec. 31. (AB 1760) Effective January 1, 2024.)
  106. 1932.5.

    ## 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 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. )

    Verify source ↗

    The department must gather and use relevant studies and information, seek input from multiple stakeholders, and give affected landowners a reasonable chance to review and comment if their land is identified.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. ) ## 1932.5. (a) In carrying out its responsibilities pursuant to this chapter, the department shall solicit and utilize all relevant results of existing studies and information from local government, state, and federal agencies, academic institutions, nonprofit organizations, certified environmental documents, private and public landowners, and agricultural and rangeland information developed by the Department of Conservation and agriculture associations. (b) The department shall seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages. Private and public landowners shall be given a reasonable opportunity to review and comment on the wildlife characteristics of their land if it is identified pursuant to this chapter. The department shall utilize all relevant information when developing data sets and associated analytical products pursuant to this chapter. (c) This chapter does not require, mandate, or authorize, under state or federal law, any state or local planning, zoning, or other land use action or decision. (d) This chapter does not alter any legal rights and privileges, under state or federal law, of ownership or use of privately or publicly owned property. (e) The Legislature finds and declares that the data sets and associated analytical products required pursuant to this chapter are for inventory and planning purposes and may not be suitable to support regulatory actions without additional specificity or information. (Added by Stats. 2008, Ch. 333, Sec. 4. Effective January 1, 2009.)
  107. 1933.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. )

    Verify source ↗

    This section says chapter-based authority or responsibility, by itself, does not change or block changes in use of areas identified under the Significant Natural Areas 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 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. ) ## 1933. No authority or responsibility provided for in this chapter shall, of itself, change or prevent the change of the use of any area identified pursuant to the Significant Natural Areas Program. (Added by Stats. 1981, Ch. 776, Sec. 1.)
  108. 1940.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. )

    Verify source ↗

    The department must develop a state vegetation mapping standard, consult interested stakeholders, report to legislative budget committees by January 10, 2008, and may adopt 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 12. Significant Natural Areas [1930 - 1940] ( Chapter 12 added by Stats. 1981, Ch. 776, Sec. 1. ) ## 1940. (a) The department shall undertake the development of a vegetation mapping standard for the state. (b) The development of a state vegetation mapping standard by the department shall be done in consultation with interested stakeholders, including, but not limited to, government agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry. Components of the standard shall include the following: (1) A published classification system for all natural and seminatural vegetation communities present in California with sufficient detail to meet the analytical needs of government and nongovernment entities. The classification shall be consistent with national standards adopted by the Federal Geographic Data Committee. (2) Methods for field data collection, image interpretation, and digital map production and attribution. (3) Manuals, training materials, tools, and database structures for use by parties interested in performing vegetation mapping according to the standard. (4) Documented methods for performing postproject accuracy assessments to quantify the validity of the work. Private and public landowners shall be given reasonable opportunity to review, and comment on the accuracy of, the data collected on their lands. (5) Mechanisms for integrating new map products that meet the standard into a cohesive database with the intent of eventually completing statewide coverage. (c) The department shall submit a report to the budget committee of each house of the Legislature no later than January 10, 2008, providing its mapping standard and advising how the department will ensure that its standard will be updated to reflect changing technology and serve as the state’s center of expertise on vegetation mapping. (d) The department may adopt regulations to implement this section. (Amended by Stats. 2015, Ch. 154, Sec. 40. (AB 1527) Effective January 1, 2016.)
  109. 1950.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 13. Nonvehicular Wildlife Crossings [1950- 1950.] ( Chapter 13 added by Stats. 2021, Ch. 81, Sec. 1. )

    Verify source ↗

    This section defines “nonvehicular wildlife crossing” and gives the Wildlife Conservation Board power to name one if at least 25% of construction funding comes from a state source.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 13. Nonvehicular Wildlife Crossings [1950- 1950.] ( Chapter 13 added by Stats. 2021, Ch. 81, Sec. 1. ) ## 1950. (a) For purposes of this chapter, “nonvehicular wildlife crossing” means a structure that allows animals to cross human-made barriers safely and includes, but is not limited to, underpasses, tunnels, viaducts, overpasses, amphibian tunnels, fish ladders, and culverts. Nonvehicular wildlife crossings are primarily habitat conservation and biodiversity projects, but also assist in avoiding collisions between vehicles and animals. (b) The Wildlife Conservation Board may name a nonvehicular wildlife crossing if at least 25 percent of the funding to construct the crossing derives from a state source. (c) The Wildlife Conservation Board shall consult with the Department of Transportation or other appropriate entities on the design of lettering and placement of any sign that displays the name of a nonvehicular wildlife crossing. (d) The Wildlife Conservation Board may adopt criteria for the implementation of this section. (Added by Stats. 2021, Ch. 81, Sec. 1. (AB 149) Effective July 16, 2021.)
  110. 1955.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 13.5. Wildlife Connectivity Actions [1955 - 1958] ( Chapter 13.5 added by Stats. 2021, Ch. 738, Sec. 1. )

    Verify source ↗

    The Legislature states that California wildlife faces climate and land-use pressures and expresses intent to expand or clarify two programs to support habitat connectivity and mitigation credits.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 13.5. Wildlife Connectivity Actions [1955 - 1958] ( Chapter 13.5 added by Stats. 2021, Ch. 738, Sec. 1. ) ## 1955. The Legislature finds and declares all of the following: (a) California’s climate is changing. Rising temperatures, increases in the frequency and severity of extreme events like drought and wildfire, changing ocean conditions, and shifts in precipitation patterns all pose threats to California’s wildlife. These changes are shifting the habitat ranges of many California species, requiring these species to migrate to different latitudes or altitudes to locate suitable habitat necessary to survive. (b) Land use is also changing as the state’s population continues to grow. Habitat conversion and fragmentation forces many California species to migrate in search of replacement habitat, and it also risks continued survival of species by compromising genetic diversity, among other things. (c) California wildlife is losing the ability to move and migrate as habitat conversion and built infrastructure disrupt species habitat and cut off migration corridors. (d) Habitat connectivity and wildlife migratory corridors are essential to the continued survival of many California species. Their importance will only grow as California wildlife increasingly migrates in response to climate change and resulting shifts in habitat suitability. (e) Habitat connectivity is also necessary to reduce wildlife-vehicle collisions, which put people and wildlife at risk of injury or death. (f) The department has several existing programs that can be used to promote habitat connectivity. It is the intent of the Legislature to expand, or clarify, two of these programs, Chapter 7.9 (commencing with Section 1797) and Chapter 9 (commencing with Section 1850), to facilitate creation and issuance of mitigation credits for actions that improve wildlife connectivity. (Added by Stats. 2021, Ch. 738, Sec. 1. (SB 790) Effective January 1, 2022.)
  111. 1956.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 13.5. Wildlife Connectivity Actions [1955 - 1958] ( Chapter 13.5 added by Stats. 2021, Ch. 738, Sec. 1. )

    Verify source ↗

    This section defines terms used for wildlife connectivity actions, including compensatory mitigation credit, long-term durability, permanent protection, and wildlife connectivity action.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 13.5. Wildlife Connectivity Actions [1955 - 1958] ( Chapter 13.5 added by Stats. 2021, Ch. 738, Sec. 1. ) ## 1956. For purposes of this chapter, the following terms apply: (a) “Compensatory mitigation credit” means a credit that may be used to fulfill, in whole or in part, mitigation requirements under applicable federal, state, or local law. (b) “Long-term durability” means doing both of the following: (1) Providing a plan, approved in writing by the department, that ensures the long-term success, maintenance, repair, and upkeep of a wildlife connectivity action. If the wildlife connectivity action is used to create one or more mitigation credits pursuant to this chapter, the plan shall ensure the wildlife connectivity action remains in effect until, at minimum, the site of the environmental impacts is returned to preimpact ecological conditions. (2) (A) Providing secure, long-term funding for implementation of the plan developed pursuant to paragraph (1) in a form approved in advance in writing by the department. (B) For purposes of this section, transportation funding identified in the State Highway System Management Plan provides secure, long-term funding for a structure, but not the habitat thereon, on the state highway system. (c) “Permanently protect” or “permanent protection” means doing both of the following: (1) Recording a conservation easement, in a form approved in advance in writing by the department, or establishing perpetual protection of land in a manner consistent with draft or approved natural community conservation plans within the area of the applicable wildlife connectivity action and approved in writing by the department, that prevents development, prohibits inconsistent uses, and ensures habitat for focal species is maintained. (2) Providing secure, perpetual funding for management of the land, monitoring, and legal enforcement, in a form approved in advance in writing by the department. (d) “Wildlife connectivity action” means an action that measurably improves aquatic or terrestrial habitat connectivity, or wildlife migration, recolonization, and breeding opportunities inhibited by built infrastructure or habitat fragmentation. A wildlife connectivity action may include, but is not limited to, a road overpass or underpass solely for use by wildlife. (Added by Stats. 2021, Ch. 738, Sec. 1. (SB 790) Effective January 1, 2022.)
  112. 1957.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 13.5. Wildlife Connectivity Actions [1955 - 1958] ( Chapter 13.5 added by Stats. 2021, Ch. 738, Sec. 1. )

    Verify source ↗

    The department may approve compensatory mitigation credits for certain wildlife connectivity actions, and those actions must protect real property if feasible.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 13.5. Wildlife Connectivity Actions [1955 - 1958] ( Chapter 13.5 added by Stats. 2021, Ch. 738, Sec. 1. ) ## 1957. (a) The department may approve compensatory mitigation credits for wildlife connectivity actions taken under either of the following programs: (1) Chapter 7.9 (commencing with Section 1797). (2) Chapter 9 (commencing with Section 1850). (b) (1) A wildlife connectivity action shall, if feasible, permanently protect all real property comprising the wildlife connectivity action or where the wildlife connectivity action is sited in order to receive compensatory mitigation credits pursuant to this chapter. The department may determine, on a case-by-case-basis, that permanent protection of all, or part of, the real property is infeasible. If the department determines that permanent protection of the real property is infeasible, in whole or in part, the department may still provide compensatory mitigation credits, including, but not limited to, compensatory mitigation credits for permanent impacts, for the wildlife connectivity action if the wildlife connectivity action meets both of the following conditions: (A) Provides permanent protection of the real property where, and to the extent, feasible. (B) Where, and to the extent, permanent protection is infeasible, the wildlife connectivity action has long-term durability. (2) (A) In determining whether permanent protection is infeasible under this chapter, the department shall consider federal, state, and local legal restrictions, particularly those limiting the use of real property, that prevent, or significantly inhibit, placing a conservation easement on real property comprising the wildlife connectivity action or where the wildlife connectivity action is sited. (B) Notwithstanding subparagraph (A), the department shall determine it is infeasible to permanently protect any portion of a wildlife connectivity action in the right-of-way of an existing state highway or other existing public road. (c) In determining the value of compensatory mitigation credits for wildlife connectivity actions, the department may consider all of the following: (1) The measurable improvement to habitat connectivity and wildlife migration, including, but not limited to, improving the ability of wildlife to safely cross or bypass built infrastructure, such as roads, that inhibit such connectivity or migration. (2) The value of the habitat connected by the wildlife connectivity action. (3) Benefits to affected species, including, but not limited to, improved genetic diversity and breeding opportunities, removed migration barriers, and improved access to additional latitudes and altitudes of potentially suitable habitat to adapt to climate change. (4) Improved connectivity in critical terrestrial habitat linkages, including, but not limited to, the Santa Monica Mountains and Rim of the Valley Corridor, Santa Ana Mountains, San Gabriel Mountains, San Bernardino Mountains, Santa Cruz Mountains, and the Gabilan Mountain Range. (5) The use or value of the particular location in improving connectivity and migration, including, but not limited to, topography, watercourse presence, vegetative cover, mortality data, or other factors that increase the likelihood of use, or value of, a particular location for connectivity or migration. (6) Any other factor the department, in its discretion, deems relevant. (d) When evaluating a proposed wildlife connectivity action under this chapter, the department may consult with the Department of Transportation, the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the United States Army Corps of Engineers. If a proposed wildlife connectivity action, or portion thereof, will be located on the right-of-way of an existing state highway, the department shall consult with the Department of Transportation in the course of its evaluation process. (e) A compensatory mitigation credit created in accordance with this chapter may be used to fulfill, in whole or in part, compensatory mitigation requirements established under any state or federal environmental law, as determined by the applicable local, state, or federal regulatory agency, including, but not limited to, the following: (1) To compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. (2) To reduce adverse impacts to fish or wildlife resources, or both, from activities authorized pursuant to Chapter 6 (commencing with Section 1600). (3) To mitigate significant effects on the environment pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations). (Added by Stats. 2021, Ch. 738, Sec. 1. (SB 790) Effective January 1, 2022.)
  113. 1958.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 13.5. Wildlife Connectivity Actions [1955 - 1958] ( Chapter 13.5 added by Stats. 2021, Ch. 738, Sec. 1. )

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    The department may adopt guidelines and criteria for this chapter, and it must post those guidelines on its website.

    ## Fish and Game Code - FGC ## DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1958] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) ## CHAPTER 13.5. Wildlife Connectivity Actions [1955 - 1958] ( Chapter 13.5 added by Stats. 2021, Ch. 738, Sec. 1. ) ## 1958. The department may adopt guidelines and criteria to aid in the implementation of this chapter. 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 or criteria pursuant to this section. These guidelines shall be posted on the department’s internet website. (Added by Stats. 2021, Ch. 738, Sec. 1. (SB 790) Effective January 1, 2022.)
  114. 2.

    ## 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 ↗

    The chapter’s definitions control how the code and its regulations are interpreted, unless the text or context requires otherwise.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 2. Unless the provisions or the context otherwise requires, the definitions in this chapter govern the construction of this code and all regulations adopted under this code. (Amended by Stats. 1998, Ch. 1052, Sec. 3. Effective January 1, 1999.)
  115. 200.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Regulation of Take and Possession Generally [200 - 275] ( Heading of Chapter 2 amended by Stats. 2016, Ch. 546, Sec. 1. ) ## ARTICLE 1. Authority [200 - 219] ( Heading of Article 1 amended by Stats. 2016, Ch. 546, Sec. 2. )

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    The commission is given power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles, but not certain commercial aquatic-plant matters or the taking or possession of a spike buck or spotted fawn.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Regulation of Take and Possession Generally [200 - 275] ( Heading of Chapter 2 amended by Stats. 2016, Ch. 546, Sec. 1. ) ## ARTICLE 1. Authority [200 - 219] ( Heading of Article 1 amended by Stats. 2016, Ch. 546, Sec. 2. ) ## 200. (a) There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles. (b) No power is delegated to the commission by this section to regulate either of the following: (1) The taking, possessing, processing, or use of fish, amphibians, kelp, or other aquatic plants for commercial purposes. (2) The taking or possession of a spike buck or spotted fawn. “Spotted fawn” means a deer one year of age or less that has spotted pelage. “Spike buck” means a male deer with unbranched antlers on both sides that are more than three inches in length. (c) This section and any regulations adopted pursuant to this section have no effect on any provision of this code or any regulation adopted pursuant to this code that relates to a matter described in paragraph (1) of subdivision (b). (Amended by Stats. 2016, Ch. 546, Sec. 3. (SB 1473) Effective January 1, 2017.)
  116. 2000.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to take a bird, mammal, fish, reptile, or amphibian unless another part of the code or a regulation adopted under it allows the taking.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2000. (a) It is unlawful to take a bird, mammal, fish, reptile, or amphibian except as provided in this code or in a regulation adopted pursuant to this code. (b) Possession of a bird, mammal, fish, reptile, amphibian, or part of any of those animals, in or on the fields, forests, or waters of this state, or while returning therefrom with fishing or hunting equipment, is prima facie evidence the possessor took the bird, mammal, fish, reptile, or amphibian, or part of that animal. (Amended by Stats. 2015, Ch. 154, Sec. 41. (AB 1527) Effective January 1, 2016.)
  117. 2000.3.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section says that, for this chapter, “roadway” and “vehicle” use the meanings given in the Vehicle Code.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2000.3. (a) As used in this chapter, “roadway” has the same meaning as defined in Section 530 of the Vehicle Code. (b) As used in this chapter, “vehicle” has the same meaning as defined in Section 670 of the Vehicle Code. (Added by Stats. 2019, Ch. 869, Sec. 4. (SB 395) Effective January 1, 2020.)
  118. 2000.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Accidental taking of certain animals by vehicle collision on a roadway is not a violation, but the person may not possess the animal afterward; the roadway agency may remove the animal.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2000.5. (a) Notwithstanding Section 219, 2000, or any other law, and notwithstanding any requirement for a permit or license or other entitlement to take a species, the accidental taking of a bird, mammal, reptile, or amphibian by collision with a vehicle while that vehicle is being operated on a roadway is not a violation of this code or a regulation adopted pursuant to this code. Nothing in this section authorizes a person to possess any bird, mammal, reptile, or amphibian accidentally taken by collision with a vehicle as provided in this subdivision. Animals accidentally taken on a roadway may be removed by the state or local agency having jurisdiction over the roadway. (b) This section does not apply to Chapter 1.5 (commencing with Section 2050). (Amended by Stats. 2019, Ch. 869, Sec. 5. (SB 395) Effective January 1, 2020.)
  119. 2000.6.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may create a wildlife salvage permit pilot program, and the department must help implement and publish reporting data. People who accidentally hit certain animals with a vehicle may salvage them under a permit, but the section does not allow killing injured animals just for salvage.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2000.6. (a) (1) Consistent with Section 91.8 of the Streets and Highways Code, the commission may establish a pilot program for the issuance of wildlife salvage permits through a user-friendly and cell-phone-friendly web-based portal to persons desiring to recover, possess, use, or transport, for purposes of salvaging wild game meat for human consumption of, any deer, elk, pronghorn antelope, or wild pig that has been accidentally killed as a result of a vehicle collision on a roadway within California. This permitting process shall be available at no cost to the public. (2) In developing the pilot program, the commission shall consult with the department, the Department of Transportation, the Department of the California Highway Patrol, the Office of Environmental Health Hazard Assessment, other relevant public entities, and stakeholders to ensure public health and safety and to ensure the pilot program does not facilitate poaching. (3) The commission shall prescribe the requirements for applying for and receiving a wildlife salvage permit and set the terms and conditions it deems necessary for the safe recovery, possession, use, and transportation of deer, elk, pronghorn antelope, or wild pig pursuant to a wildlife salvage permit. (4) The commission shall require a person seeking to obtain a wildlife salvage permit to report through the web-based portal described in paragraph (1), at a minimum, the location, type, and description of the animal salvaged, the date and time of salvage, the basic characteristics of the incident and a description of the vehicle involved, where applicable, and the destination where the carcass will be transported. (5) The commission may limit the implementation of the pilot program only to certain counties or regions of the state. (6) The commission may restrict the roadways where wildlife salvage may be conducted and the species subject to salvage, and may regulate any other aspect of the pilot program necessary to ensure the pilot program’s success, to minimize risks to public safety, and to prevent poaching. (7) A person desiring to salvage the carcass of an animal pursuant to this section shall do so in a manner consistent with Section 21718 of the Vehicle Code. (8) The commission shall consider and recommend to the department public education and outreach for the wildlife salvage pilot program beyond traditional hunting populations to the general public. (b) Notwithstanding Section 2000.5, if a person unintentionally strikes and kills a deer, elk, pronghorn antelope, or wild pig on a roadway in California with a vehicle, that person may recover, possess, use, or transport the whole animal and salvage the edible portions of the animal pursuant to a wildlife salvage permit. (c) Subdivision (b) shall also apply to an individual who encounters an unintentionally killed deer, elk, pronghorn antelope, or wild pig that has been struck with a vehicle. (d) This section does not authorize an individual to kill an injured or wounded animal for the purpose of salvage. An animal that is severely injured in an accidental vehicle collision may only be salvaged pursuant to this section if it is subsequently killed by the department pursuant to Section 1001 or a law enforcement officer authorized by the department to kill injured wildlife. (e) (1) Upon appropriation by the Legislature, the commission may establish the wildlife salvage pilot program no later than January 1, 2022. (2) Upon appropriation by the Legislature, the department shall implement the pilot program no later than six months after the commission establishes the pilot program. (3) (A) To the extent feasible, the department shall develop and make available to the public the web-based portal described in subdivision (a) for the wildlife salvage pilot program to facilitate participation in the pilot program. (B) To the extent practicable, the web-based portal shall work with the existing harvest reporting system in use by the department, including identification of the person salvaging the animal. (C) The department shall work to include data collected from the wildlife salvage pilot program in any other wildlife-vehicle collision data collection efforts, including data collection efforts conducted pursuant to Section 1023. (f) This section does not authorize the take of wildlife species listed pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)) and Section 670.1 of Title 14 of the California Code of Regulations, or other nongame wildlife, fully protected species, migratory birds, including, but not limited to, waterfowl, and other wildlife species not lawfully hunted. (g) The state is not liable for any harm, injury, loss, or damage arising out of the recovery, possession, use, transport, or consumption of any wild game animal legally salvaged pursuant to this section. (h) Beginning on the first March 1 after the department implements the pilot program, and each March 1 thereafter, the department shall make available on its internet website data that includes the number of wildlife salvage permits issued, locations of impacts, and species of wildlife. (i) Subdivisions (b) to (d), inclusive, shall become operative when the department implements the pilot program. (j) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2019, Ch. 869, Sec. 6. (SB 395) Effective January 1, 2020. Repealed as of January 1, 2029, by its own provisions.)
  120. 2001.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to take certain wildlife outside an established season or over a bag or possession limit, and to possess certain fish, reptiles, amphibians, game birds, or mammals except in the seasons and limited post-season periods described here.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2001. (a) It is unlawful to take a mammal, bird, fish, reptile, or amphibian outside of an established season or to exceed a bag limit or possession limit established in this code or by a regulation adopted by the commission. Violation of an established season, bag limit, or possession limit may be charged as a violation of this section or of the specific code section or regulation that establishes the season or limit. (b) Unless otherwise provided, it is unlawful to possess a fish, reptile, or amphibian, except during the open season where the fish, reptile, or amphibian was taken or during the 10-day period immediately following that open season. A possession limit applicable during the open season applies during that 10-day period. (c) Except as provided in Section 3080, it is unlawful to possess a game bird or mammal except during the open season where taken. (Amended by Stats. 2015, Ch. 154, Sec. 42. (AB 1527) Effective January 1, 2016.)
  121. 2002.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to possess certain animals, or parts of them, if they were taken in violation of the code or a regulation under it.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2002. It is unlawful to possess a bird, mammal, fish, reptile, amphibian, or part of any of those animals, taken in violation of this code or a regulation adopted pursuant to this code. (Amended by Stats. 2015, Ch. 154, Sec. 43. (AB 1527) Effective January 1, 2016.)
  122. 2003.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section generally forbids offering prizes or other inducements for taking certain animals in individual contests, tournaments, or derbies, with listed exceptions and a permit process for game fish.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2003. (a) Except as specified in subdivisions (b), (c), (d), and (e), it is unlawful to offer a prize or other inducement as a reward for the taking of a game bird, or the taking of any mammal, fish, reptile, or amphibian in an individual contest, tournament, or derby. (b) The department may issue a permit to a person authorizing that person to offer a prize or other inducement as a reward for the taking of a game fish, as defined by the commission by regulation, if it finds that there would be no detriment to the resource. The permit is subject to regulations adopted by the commission. The application for the permit shall be accompanied by a fee in the amount determined by the department as necessary to cover the reasonable administrative costs incurred by the department in issuing the permit. However, the department may waive the permit fee if the contest, tournament, or derby is for persons who are under 16 years of age or have a physical or mental disability, and the primary purpose of the contest, tournament, or derby is to introduce those anglers to or educate them about fishing. All permits for which the fee is waived pursuant to this subdivision shall comply with all other requirements set forth in this section. (c) This section does not apply to a person conducting what is generally known as a frog-jumping contest, or, in waters of the Pacific Ocean, what is generally known as a fish contest. (d) This section does not apply to a person conducting an individual contest, tournament, or derby for the taking of a game bird or game mammal, if the total value of all prizes or other inducements is less than five hundred dollars ($500) for the individual contest, tournament, or derby. (e) (1) As used in this subdivision: (A) “Event” means a competition event on lands managed by the department. (B) “Prize compensation” includes prize or purse money, other prizes, goods, or other compensation. (2) The department, for any event that awards prize compensation to competitors in gendered categories, shall require as a condition of a permit pursuant to this section that, for any participant level that receives prize compensation, the prize compensation for each gendered category be identical at each participant level. The department shall not approve a permit for an event that does not comply with this condition. (Amended by Stats. 2023, Ch. 132, Sec. 32. (AB 1760) Effective January 1, 2024.)
  123. 2003.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The Legislature states state policy to encourage government cooperation with private groups for fish habitat and restoration work through the Adopt a Lake Program.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2003.5. (a) The Legislature finds and declares that the fish of this state are a vital, renewable resource which provides recreation, outdoor experiences, and food for many of this state’s citizens. Therefore, it is in the state’s best interests to promote volunteer private rehabilitation and improvement of fisheries, fish habitat, and resources. (b) The Legislature declares it is the policy of this state to encourage cooperation by local, regional, state, and federal governmental agencies with jurisdiction over inland waters with private groups and associations in order to do fish habitat and restoration work. This policy shall be pursued through the implementation of a program known as the “Adopt a Lake Program.” (Added by Stats. 1988, Ch. 850, Sec. 1.)
  124. 2003.6.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The department may run the Adopt a Lake Program, and if it does, it must prepare and periodically update a volunteer plan.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2003.6. The department may implement the “Adopt a Lake Program” to facilitate private groups’ and associations’ undertaking volunteer efforts to rehabilitate and improve fisheries, fish habitat, and resources. In implementing this program, the department shall prepare and periodically update a plan for the volunteer efforts to be undertaken. The plan shall be prepared cooperatively by the department, the private group or association, and the public agency with jurisdiction over the inland water to be affected by the plan. The plan shall be consistent with the management plan and management objectives of the department and the public agency with jurisdiction over the inland water. (Added by Stats. 1988, Ch. 850, Sec. 2.)
  125. 2004.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person taking birds, mammals, fish, reptiles, or amphibians must not damage property, leave gates or bars open, damage fences, scatter rails/posts/stone/wood, or negligently injure livestock.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2004. It is unlawful for any person, while taking any bird, mammal, fish, reptile, or amphibian, to cause damage, or assist in causing damage, to real or personal property, or to leave gates or bars open, or to break down, destroy, or damage fences, or to tear down or scatter piles of rails, posts, stone, or wood, or, through carelessness or negligence, to injure livestock of any kind. (Amended by Stats. 1974, Ch. 605.)
  126. 2005.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section generally forbids using artificial light or night vision equipment to help take certain wildlife, with several listed exceptions.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2005. (a) Except as otherwise authorized by this section, it is unlawful to use an artificial light to assist in the taking of a game bird, game mammal, or game fish. (b) It is unlawful for one or more persons to throw or cast the rays of a spotlight, headlight, or other artificial light on a highway or in a field, woodland, or forest where game mammals, fur-bearing mammals, or nongame mammals are commonly found, or upon a game mammal, fur-bearing mammal, or nongame mammal, while having in his or her possession or under his or her control a firearm or weapon with which that mammal could be killed, even though the mammal is not killed, injured, shot at, or otherwise pursued. (c) It is unlawful to use or possess night vision equipment to assist in the taking of a bird, mammal, amphibian, reptile, or fish. For purposes of this subdivision, “night vision equipment” includes, but is not limited to, the following: (1) An infrared or similar light, used in connection with an electronic viewing device. (2) An optical device, including, but not limited to, binoculars or a scope, that uses electrical or battery powered light amplifying circuits. (d) This section does not apply to any of the following: (1) Sport fishing in ocean waters, or other waters where night fishing is permitted, if an artificial light is not used on or as part of the fishing tackle. (2) Commercial fishing. (3) The taking of mammals governed by Article 2 (commencing with Section 4180) of Chapter 3 of Part 3 of Division 4. (4) The use of a hand-held flashlight that is no larger and emits no more light than a two-cell, three-volt flashlight, and is not affixed to a weapon. (5) The use of a lamp or lantern that does not cast a directional beam of light. (6) Headlights of a motor vehicle that are operated in a usual manner and without attempt or intent to locate a game mammal, fur-bearing mammal, or nongame mammal. (7) An owner of land devoted to the agricultural industry, or the owner’s employee, while on that land. (8) An owner of land devoted to the agricultural industry, or the owner’s employee, while on land controlled by the owner in connection with the agricultural industry. (9) Other uses as the commission may authorize by regulation. (e) A person shall not be arrested for violation of this section except by a peace officer. (Amended by Stats. 2015, Ch. 154, Sec. 45. (AB 1527) Effective January 1, 2016.)
  127. 2006.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to possess a loaded rifle or shotgun in a vehicle or conveyance on or along a public highway or other way open to the public; the section also defines when a rifle or shotgun counts as loaded and exempts certain officers and armed forces members on duty.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2006. (a) It is unlawful to possess a loaded rifle or shotgun in any vehicle or conveyance or its attachments which is standing on or along or is being driven on or along any public highway or other way open to the public. (b) A rifle or shotgun shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine. (c) The provisions of this section shall not apply to peace officers or members of the Armed Forces of this state or the United States, while on duty or going to or returning from duty. (Amended by Stats. 2010, Ch. 178, Sec. 28. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  128. 2007.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to set, place, or cause to be set or placed any trap gun.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2007. (a) It is unlawful to set, place, or cause to be set or placed, any trap gun. (b) A “trap gun” is a firearm loaded with other than blank cartridges and connected with a string or other contrivance contact with which will cause the firearm to be discharged. (Amended by Stats. 2023, Ch. 132, Sec. 33. (AB 1760) Effective January 1, 2024.)
  129. 2009.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person must not willfully interfere with someone taking part in lawful shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping at the activity site.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2009. (a) A person shall not willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping at the location where that activity is taking place. (b) A violation of this section is punishable pursuant to subdivision (b) of Section 12000. (c) Any person convicted for a violation of this section that occurred within two years of a prior violation of this section which resulted in a conviction is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period of not more than one year, by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or by both imprisonment and fine. (d) This section does not apply to the actions of any peace officer or personnel of the department in the performance of their official duties. This section does not obstruct the rights and normal activities of landowners or tenants, including, but not limited to, farming, ranching, and limiting unlawful trespass. (e) In order to be liable for a violation of this section, the person is required to have had the specific intent to interfere with the participation of an individual who was engaged in lawful shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping. (f) For purposes of this section, “interfere with” means any action which physically impedes, hinders, or obstructs the lawful pursuit of any of the above-mentioned activities, including, but not limited to, all of the following: (1) Actions taken for the purpose of frightening away animals from the location where the lawful activity is taking place. (2) Placing or maintaining signs, gates, locks, or barricades that prohibit or deny access to lands without authorization from the landowner or lessee or an authorized designee of the landowner or lessee. (3) Placing food on lands not belonging to the person placing the food for purposes of eliminating the lawful ability to hunt due to the presence of bait, as defined in this code or regulations adopted pursuant to this code. (Amended by Stats. 2009, Ch. 394, Sec. 5. (AB 1423) Effective January 1, 2010.)
  130. 201.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Regulation of Take and Possession Generally [200 - 275] ( Heading of Chapter 2 amended by Stats. 2016, Ch. 546, Sec. 1. ) ## ARTICLE 1. Authority [200 - 219] ( Heading of Article 1 amended by Stats. 2016, Ch. 546, Sec. 2. )

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    This section says the commission does not get power from this article to regulate natural resources or related commercial or other activity, unless another provision specifically provides that power.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Regulation of Take and Possession Generally [200 - 275] ( Heading of Chapter 2 amended by Stats. 2016, Ch. 546, Sec. 1. ) ## ARTICLE 1. Authority [200 - 219] ( Heading of Article 1 amended by Stats. 2016, Ch. 546, Sec. 2. ) ## 201. Nothing in this article confers upon the commission any power to regulate any natural resources or commercial or other activity connected therewith, except as specifically provided. (Enacted by Stats. 1957, Ch. 456.)
  131. 2010.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section makes it unlawful to use or possess certain shotguns to take a mammal or bird, and it allows the commission to adopt stricter ammunition-capacity regulations after a public hearing.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2010. (a) It is unlawful to use or possess a shotgun larger than 10-gauge, or to use or possess a shotgun capable of holding more than six cartridges at one time, to take a mammal or bird. (b) A shotgun that has been modified with the insertion of a plug is deemed, for the purpose of this section, to have a cartridge capacity equal to the number of cartridges that can be loaded into the weapon as modified. (c) After a public hearing, the commission may adopt regulations relative to the ammunition capacity of shotguns for taking mammals or birds that are more restrictive than the limits provided in subdivision (a), or that it determines may be needed to conform to federal law. (Amended by Stats. 2015, Ch. 154, Sec. 46. (AB 1527) Effective January 1, 2016.)
  132. 2011.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person must not take, mutilate, or destroy a bird or mammal that is lawfully in another person’s possession.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2011. (a) It is unlawful for any person to take, mutilate, or destroy any bird or mammal lawfully in the possession of another. (b) For the purpose of this section, a bird or mammal shall be deemed in possession when it is actually reduced to physical possession or when it is wounded or otherwise maimed and the person who wounded or otherwise maimed it is in hot pursuit. (Amended by Stats. 2007, Ch. 285, Sec. 25. Effective January 1, 2008.)
  133. 2011.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person may not remove a collar from a hunting dog without written permission from the dog’s owner.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2011.5. (a) It is unlawful for a person to remove from a hunting dog any collar, including an electronic or radio transmitting device, without possessing written permission from the dog’s owner allowing the removal of the collar. (b) As used in this section, “hunting dog” means a dog in the field actively engaged in the taking of mammals or birds, or a dog actively being trained for the taking of mammals or birds, that is located in an area where mammals or birds can be taken, at that time and place, in accordance with existing law. (c) This section does not apply to a law enforcement officer or an animal control officer in the performance of his or her duty, or to a person who is assisting an injured dog. (Added by Stats. 2009, Ch. 294, Sec. 9. (AB 1442) Effective January 1, 2010.)
  134. 2012.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    Licenses, tags, and specified wildlife-related items must be shown on demand to authorized enforcement personnel.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2012. All licenses, tags, and the birds, mammals, fish, reptiles, or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed to be, and capable of being, used to take birds, mammals, fish, reptiles, or amphibians shall be exhibited upon demand to any person authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles, or amphibians. (Amended by Stats. 2007, Ch. 285, Sec. 26. Effective January 1, 2008.)
  135. 2013.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section says the code’s rules on possession of birds, mammals, fish, reptiles, and amphibians also apply to those animals when they were taken inside or outside the state, unless another rule says otherwise.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2013. Unless otherwise provided, the provisions of this code relating to the possession of birds, mammals, fish, reptiles, or amphibians apply to birds, mammals, fish, reptiles, or amphibians taken either in or outside of this state. (Amended by Stats. 2015, Ch. 154, Sec. 47. (AB 1527) Effective January 1, 2016.)
  136. 2014.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The state may seek civil damages for unlawful or negligent destruction of protected birds, mammals, fish, reptiles, or amphibians, subject to stated exceptions.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2014. (a) It is the policy of this state to conserve its natural resources and to prevent the willful or negligent destruction of birds, mammals, fish, reptiles, or amphibia. (b) The state may recover damages in a civil action against any person or local agency which unlawfully or negligently takes or destroys any bird, mammal, fish, reptile, or amphibian protected by the laws of this state. (c) The measure of damages is the amount that will compensate for all the detriment proximately caused by the taking or destruction of the birds, mammals, fish, reptiles, or amphibia. (d) An action to recover damages under this section shall be brought in the name of the people of the state, in a court of competent jurisdiction in the county in which the cause of action arose. The State Water Resources Control Board shall be notified of, and may join in, any action brought under this section when the activities alleged to have caused the destruction of any bird, mammal, fish, reptile, or amphibian may involve either the unlawful discharge of pollutants into the waters of the state or other violation of Division 7 (commencing with Section 13000) of the Water Code. (e) This section does not apply to any of the following: (1) Persons or local agencies engaged in agricultural pest control. (2) The destruction of fish in irrigation canals or works, or irrigation drainages. (3) The lawful destruction of a bird or mammal killed while damaging crops. (f) No damages may be recovered against a local agency pursuant to this section if civil or administrative penalties are assessed against the local agency for the same detriment pursuant to Division 7 (commencing with Section 13000) of the Water Code. (g) Any recovery or settlement of money damages, including, but not limited to, civil penalties, arising out of any civil action filed and maintained by the Attorney General in the enforcement of this section shall be deposited by the department in the subaccounts of the Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund as specified in Section 13011. (h) For purposes of this section, “local agency” includes any city, county, city and county, district, public authority, or other political subdivision. (Amended by Stats. 2023, Ch. 132, Sec. 34. (AB 1760) Effective January 1, 2024.)
  137. 2015.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    In general, a person may not possess certain wild birds, mammals, fish, amphibians, or reptiles in a restaurant or other eating establishment if they may not legally be sold there.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2015. (a) Except as otherwise provided in this section, it is unlawful to possess a bird, mammal, fish, amphibian, or reptile, that may not be legally sold, in a restaurant or other eating establishment. (b) This section does not apply to any of the following: (1) A person who lawfully took or otherwise legally possessed the bird, mammal, fish, amphibian, or reptile. (2) A person preparing the bird, mammal, fish, amphibian, or reptile for consumption by the person who lawfully took or possessed it, or by that person and others, if the person who took or possessed it is present on the premises. (3) A bird, mammal, fish, amphibian, or reptile tagged with a signed statement of the person who took the bird, mammal, fish, amphibian, or reptile stating that person’s name and address, the date taken, and the total number and kind taken. (Amended by Stats. 2015, Ch. 154, Sec. 48. (AB 1527) Effective January 1, 2016.)
  138. 2016.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section makes it unlawful to enter land to discharge a firearm or take or destroy a mammal or bird without first getting written permission from the landowner, the owner’s agent, or the lawful possessor, when the land meets the listed conditions.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2016. (a) It is unlawful to enter land for the purpose of discharging a firearm or taking or destroying a mammal or bird, including waterfowl, on that land, without having first obtained written permission from the owner, the owner’s agent, or the person in lawful possession of that land, if either of the following is true: (1) The land belongs to, or is occupied by, another person and is either under cultivation or enclosed by a fence. (2) There are signs of any size and wording forbidding trespass or hunting or both displayed along all exterior boundaries of the land, at intervals not less than three to the mile, and at all roads and trails entering the land, including land temporarily inundated by non-navigable waters flowing outside the established banks of a river, stream, slough, or other waterway, which fairly advise a person about to enter the land that the use of the land is so restricted. (b) Nothing in this section restricts the right of the public to use navigable waters for hunting, fishing, or other public purpose as guaranteed under Section IV of Article X of the California Constitution. (Amended by Stats. 2024, Ch. 186, Sec. 1. (SB 1226) Effective January 1, 2025.)
  139. 2017.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section generally forbids people in the state from importing, exporting, transporting, selling, possessing for sale, receiving, acquiring, or purchasing fish, wildlife, or plants linked to unlawful taking or handling, with some state-law exceptions.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to import, cause to be imported, export, cause to be exported, transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law or statute of any state or of any law, treaty, or statute of the United States with regard to fish, wildlife, or plants in effect on January 19, 2025. (b) Nothing in this section shall prohibit a person from transporting, selling, receiving, acquiring, or purchasing any cannabis or hemp as allowed under state law. (c) Notwithstanding Section 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after the commission of the offense. (d) For a violation of this section or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed: (1) For a first conviction, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than forty thousand dollars ($40,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (2) For a second or subsequent conviction, the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (e) Upon conviction or other entry of judgment for a violation of this section, any seized evidence shall be forfeited and, upon forfeiture, either maintained by the department, donated by the department to a bona fide educational or scientific institution, or destroyed. (f) (1) This section shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed. (2) Notwithstanding paragraph (1), an action brought to enforce this section on or before December 31, 2031, may proceed to final judgment. (Added by Stats. 2025, Ch. 638, Sec. 1. (AB 1319) Effective January 1, 2026. Inoperative December 31, 2031, by its own provisions. Repealed as of January 1, 2032, by its own provisions.)
  140. 2018.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to destroy or deface signs forbidding hunting or trespass, and it is also unlawful to post certain refuge or no-trespass/no-hunting signs unless the stated legal authorization exists.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2018. It is unlawful to post any sign indicating an area is a state or federal refuge unless it is established by state or federal law, or to post any sign prohibiting trespass or hunting on any land unless authorized by the owner or the person in lawful possession of such lands. It is unlawful for any person to maliciously tear down, mutilate, or destroy any sign, signboard or other notice forbidding hunting or trespass on land. (Added by Stats. 1967, Ch. 1187.)
  141. 2019.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to authorize, offer, or pay a bounty for any bird or mammal, with a private-property exception.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2019. It is unlawful for any person, including state, federal, county, and city officials or their agents, to authorize, offer or pay a bounty for any bird or mammal. This section does not apply to any person with respect to the taking of any bird or mammal on the private property of such person. (Added by Stats. 1974, Ch. 25.)
  142. 2020.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to violate any provision of Division 1 of Title 14 of the California Code of Regulations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2020. It is unlawful to violate any provision of Division 1 (commencing with Section 1.04) of Title 14 of the California Code of Regulations. Violation of such a provision may be charged as a violation of this section or of the specific section of Title 14 provision, and shall be punishable as provided in Section 12000. (Added by Stats. 2009, Ch. 294, Sec. 10. (AB 1442) Effective January 1, 2010.)
  143. 2021.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    A person generally may not possess, sell, offer for sale, trade, or distribute a shark fin, but licensed or permitted holders described in subdivisions (c) and (d) may possess shark fins consistent with their authorization.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2021. (a) As used in this section “shark fin” means the raw, dried, or otherwise processed detached fin, or the raw, dried, or otherwise processed detached tail, of an elasmobranch. (b) Except as otherwise provided in subdivisions (c) and (d), it shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin. (c) Any person who holds a license or permit pursuant to Section 1002 may possess a shark fin or fins consistent with that license or permit. (d) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess a shark fin or fins consistent with that license or permit. (Amended by Stats. 2023, Ch. 132, Sec. 35. (AB 1760) Effective January 1, 2024.)
  144. 2021.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    The Ocean Protection Council must file an annual report to the Legislature, and certain licensed or permitted persons may possess or donate shark fins consistent with their license or permit.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2021.5. (a) Notwithstanding Section 2021, all of the following provisions apply: (1) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess, including for purposes of consumption or taxidermy, or may donate to a person licensed or permitted pursuant to Section 1002, a shark fin or fins consistent with that license or permit. (2) Nothing in Section 2021 prohibits the sale or possession of a shark carcass, skin, or fin for taxidermy purposes pursuant to Section 3087. (b) (1) The Ocean Protection Council shall submit an annual report to the Legislature that lists any shark species that have been independently certified to meet internationally accepted standards for sustainable seafood, as defined in Section 35550 of the Public Resources Code, and adopted by the Ocean Protection Council pursuant to Section 35617 of the Public Resources Code, including chain of custody standards. (2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2023, Ch. 132, Sec. 36. (AB 1760) Effective January 1, 2024.)
  145. 2022.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section bans buying, selling, offering, possessing for sale, or importing for sale ivory or rhinoceros horn, with listed exceptions and penalties.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2022. (a) For the purposes of this section, the following terms have the following meanings: (1) “Bona fide educational or scientific institution” means an institution that establishes through documentation either of the following: (A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institution’s national, state, or local tax authority. (B) Accreditation as an educational or scientific institution, from a qualified national, regional, state, or local authority for the institution’s location. (2) “Ivory” means a tooth or tusk from a species of elephant, hippopotamus, mammoth, mastodon, walrus, warthog, whale, or narwhal, or a piece thereof, whether raw ivory or worked ivory, and includes a product containing, or advertised as containing, ivory. (3) “Rhinoceros horn” means the horn, or a piece thereof, or a derivative such as powder, of a species of rhinoceros, and includes a product containing, or advertised as containing, a rhinoceros horn. (4) “Sale” or “sell” means selling, trading, bartering for monetary or nonmonetary consideration, giving away in conjunction with a commercial transaction, or giving away at a location where a commercial transaction occurred at least once during the same or the previous calendar year. (5) “Total value” means either the fair market value or the actual price paid for ivory or rhinoceros horn, whichever is greater. (b) Except as provided in subdivision (c), it is unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn. (c) The prohibitions set forth in subdivision (b) do not apply to any of the following: (1) An employee or agent of the federal or state government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law. (2) An activity that is authorized by an exemption or permit under federal law or that is otherwise expressly authorized under federal law. (3) Ivory or rhinoceros horn that is part of a musical instrument, including, but not limited to, a string or wind instrument or piano, and that is less than 20 percent by volume of the instrument, if the owner or seller provides historical documentation demonstrating provenance and showing the item was manufactured no later than 1975. (4) Ivory or rhinoceros horn that is part of a bona fide antique and that is less than five percent by volume of the antique, if the antique status is established by the owner or seller of the antique with historical documentation demonstrating provenance and showing the antique to be not less than 100 years old. (5) The purchase, sale, offer for sale, possession with intent to sell, or importation with intent to sell ivory or rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution if both of the following criteria are satisfied: (A) The purchase, sale, offer for sale, possession with intent to sell, or import with intent to sell the ivory or rhinoceros horn is not prohibited by federal law. (B) The ivory or rhinoceros horn was legally acquired before January 1, 1991, and was not subsequently transferred from one person to another for financial gain or profit after July 1, 2016. (d) Possession of ivory or rhinoceros horn in a retail or wholesale outlet commonly used for the buying or selling of similar items is prima facie evidence of possession with intent to sell. This evidence does not preclude a finding of intent to sell based on any other evidence that may serve to establish that intent independently or in conjunction with this evidence. (e) For a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed: (1) For a first conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000), or more than ten thousand dollars ($10,000), imprisonment in the county jail for not more than 30 days, or by both the fine and imprisonment. (2) For a first conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. (3) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in county jail for not more than one year, or by both the fine and imprisonment. (4) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000), or more than fifty thousand dollars ($50,000) or the amount equal to two times the total value of the ivory or rhinoceros horn involved in the violation, whichever is greater, imprisonment in county jail for not more than one year, or by both the fine and imprisonment. (f) In addition to, and separate from, any criminal penalty provided for under subdivision (e), an administrative penalty of up to ten thousand dollars ($10,000) may be imposed for a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section. Penalties authorized pursuant to this subdivision may be imposed by the department consistent with all of the following: (1) The chief of enforcement issues a complaint to any person or entity on which an administrative penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, relevant facts, the provision of law authorizing the administrative penalty to be imposed, and the proposed penalty amount. (2) The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing no later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief of enforcement issuing the complaint and order. A request for hearing shall contain a brief statement of the material facts the party claims support his or her contention that an administrative penalty should not be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives the right to a hearing if no hearing is requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final. (3) The director, or his or her designee, shall control the nature and order of the hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director, or his or her designee, shall issue a final order within 45 days of the close of the hearing. A final copy of the order shall be served by certified mail upon the party served with the complaint. (4) A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired or, where the party has not requested a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final. (g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the court may pay one-half of the fine, but not to exceed five hundred dollars ($500), to any person giving information that led to the conviction or other entry of judgment. This reward shall not apply if the informant is a regular salaried law enforcement officer, or officer or agent of the department. (h) Upon conviction or other entry of judgment for a violation of this section, any seized ivory or rhinoceros horn shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed. (i) Administrative penalties collected pursuant to this section shall be deposited in the Fish and Game Preservation Fund and used for law enforcement purposes upon appropriation by the Legislature. (j) This section does not preclude enforcement under Section 653o of the Penal Code. (Amended by Stats. 2016, Ch. 86, Sec. 135. (SB 1171) Effective January 1, 2017.)
  146. 2023.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section bans selling, offering, displaying, trading, distributing, or manufacturing fur products for sale in the state, with stated exemptions and civil penalties for violations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2023. (a) For purposes of this section, the following definitions apply: (1) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state. (2) (A) “Fur product” means any article of clothing or covering for any part of the body, or any fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys or trinkets, and home accessories and decor, that is made in whole or in part of fur. (B) “Fur product” does not include any of the following: (i) A dog or cat fur product, as defined in Section 1308 of Title 19 of the United States Code, as that section read on January 1, 2020. (ii) An animal skin or part thereof that is to be converted into leather, which in processing will have the hair, fleece, or fur fiber completely removed. (iii) Cowhide with hair attached thereto. (iv) Deerskin, sheepskin, or goatskin with hair attached thereto. (v) The pelt or skin of an animal that is preserved through taxidermy. (vi) A product made pursuant to Section 3087 or 4303. (3) “Taxidermy” means the practice of preparing, stuffing, and mounting the skin, in lifelike form, of any fish, reptile, amphibian, bird, or mammal. (4) “Ultimate consumer” means a person who buys for their own use, or for the use of another, but not for resale or trade. (5) “Used fur product” means fur in any form that has been worn or used by an ultimate consumer. (b) (1) It is unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product in the state. (2) It is unlawful to manufacture a fur product in the state for sale. (c) The prohibitions set forth in subdivision (b) do not apply to any of the following: (1) A used fur product. (2) A fur product used for religious purposes. (3) A fur product used for traditional tribal, cultural, or spiritual purposes by a member of a federally recognized Native American tribe or a nonfederally recognized California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission. (4) Any activity expressly authorized by federal law. (d) A person who sells or trades any used fur product or fur product described in subdivision (c) shall maintain a record of each sale or trade of one of those exempt fur products for at least one year. A person who reports the receipt or purchase of a used fur product or fur product described in subdivision (c) pursuant to Section 21628 of the Business and Professions Code shall be deemed to satisfy this subdivision. A violation of this subdivision is not subject to a criminal or civil penalty. (e) (1) A person who violates subdivision (b) may be subject to the following civil penalties: (A) For the first violation and for a violation that does not meet the requirements of subparagraph (B) or (C), a civil penalty of up to five hundred dollars ($500). (B) For a violation that occurred within one year of a previous violation, a civil penalty of up to seven hundred fifty dollars ($750). (C) For a violation that occurred within one year of a second or subsequent violation, a civil penalty of up to one thousand dollars ($1,000). (2) Each fur product that constitutes a violation of subdivision (b) shall be treated as a separate violation in a civil action brought pursuant to this section. (f) (1) In lieu of seeking prosecution of a violation of subdivision (b) as a misdemeanor, the department, the Attorney General, or the city attorney of the city or the district attorney or county counsel of the county in which a violation of subdivision (b) occurs, may bring a civil action to recover the civil penalty in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13001 and used exclusively for the purposes described in Section 1771 and for the enforcement of this section. (2) In an action brought under this section, in addition to the penalty specified in subdivision (e), the reasonable costs of investigation, reasonable attorney’s fees, and reasonable expert witness’ fees may also be recovered and those amounts shall be credited to the same operating funds as those from which the expenditures for those purposes were derived. (g) This section shall become operative on January 1, 2023. (h) 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. (Added by Stats. 2019, Ch. 764, Sec. 1. (AB 44) Effective January 1, 2020. Operative January 1, 2023, by its own provisions.)
  147. 2024.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section makes it unlawful to take, sell, transport, export, or buy dudleya in specified unlawful circumstances, with a limited license/permit exception and criminal penalties for violations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Taking and Possessing in General [2000 - 2024] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 2024. (a) The Legislature finds and declares all of the following: (1) Illegal poaching of the state’s native plants is a threat to the state’s biodiversity, can put certain species at risk for extinction, and can negatively impact entire ecosystem functions. (2) The illicit trade of live plants and animals is a multibillion dollar market responsible for the unwanted transmission of pests and diseases from one country to another. (3) Dudleya poaching, specifically, has increased dramatically because they have become popular in many Southeast Asian countries, where a single plant can be sold for up to one thousand dollars ($1,000) on the black market. As a result, some poaching operations have been found to be in possession of thousands of dudleya taken from the state’s forests, mountains, and coastal bluffs. (4) Some species of dudleya, which already face conservation challenges, such as habitat loss from development or altered wildfire regimes, are endemic to the state and their worldwide distribution is limited to a single county, island, or mountain range. (5) Protecting dudleya populations from poaching activity is necessary to prevent the loss of species and to promote the conservation of the state’s biodiversity. (b) For purposes of this section, “dudleya” means a succulent plant that belongs to the genus Dudleya and referred to commonly as “live-forevers” or “dudleya” that is native to California and grows in natural habitats. (c) Except as provided in subdivision (e), it is unlawful to uproot, remove, harvest, or cut dudleya from land owned by the state or a local government or from property not their own without written permission from the landowner in their immediate possession. (d) It is unlawful to sell, offer for sale, possess with intent to sell, transport for sale, export for sale, or purchase dudleya uprooted, removed, harvested, or cut in violation of subdivision (c). (e) A person who holds a license or permit pursuant to Section 1002 may take dudleya consistent with that license or permit. (f) Notwithstanding Section 12000, for a violation of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed: (1) For a first conviction, where the total value is two hundred fifty dollars ($250) or more, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000), imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (2) For a second or subsequent conviction, the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000) and not more than five hundred thousand dollars, ($500,000), imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (g) In addition to, and separate from, any criminal penalty provided for under subdivision (f), where applicable, the cost of replanting any dudleya forfeited pursuant to subdivision (h), may be imposed by the court. (h) Upon conviction or other entry of judgment for a violation of this section, any seized dudleya shall be forfeited to the department. (i) Notwithstanding Section 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense. (Added by Stats. 2021, Ch. 370, Sec. 1. (AB 223) Effective January 1, 2022.)
  148. 203.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Regulation of Take and Possession Generally [200 - 275] ( Heading of Chapter 2 amended by Stats. 2016, Ch. 546, Sec. 1. ) ## ARTICLE 1. Authority [200 - 219] ( Heading of Article 1 amended by Stats. 2016, Ch. 546, Sec. 2. )

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    The commission may apply regulations about resident game birds, game mammals, and fur-bearing mammals to all or part of an area, and may set or change seasons, limits, taking areas, methods of taking, and other restrictions.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Regulation of Take and Possession Generally [200 - 275] ( Heading of Chapter 2 amended by Stats. 2016, Ch. 546, Sec. 1. ) ## ARTICLE 1. Authority [200 - 219] ( Heading of Article 1 amended by Stats. 2016, Ch. 546, Sec. 2. ) ## 203. Any regulation of the commission pursuant to this article relating to resident game birds, game mammals and fur-bearing mammals may apply to all or any areas, districts, or portions thereof, at the discretion of the commission, and may do any or all of the following as to any or all species or subspecies: (a) Establish, extend, shorten, or abolish open seasons and closed seasons. (b) Establish, change, or abolish bag limits and possession limits. (c) Establish and change areas or territorial limits for their taking. (d) Prescribe the manner and the means of taking. (e) Establish, change, or abolish restrictions based upon sex, maturity, or other physical distinctions. (Amended by Stats. 1957, Ch. 1972.)
  149. 203.1.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Regulation of Take and Possession Generally [200 - 275] ( Heading of Chapter 2 amended by Stats. 2016, Ch. 546, Sec. 1. ) ## ARTICLE 1. Authority [200 - 219] ( Heading of Article 1 amended by Stats. 2016, Ch. 546, Sec. 2. )

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    When adopting regulations under Section 203, the commission must consider listed facts and testimony.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Regulation of Take and Possession Generally [200 - 275] ( Heading of Chapter 2 amended by Stats. 2016, Ch. 546, Sec. 1. ) ## ARTICLE 1. Authority [200 - 219] ( Heading of Article 1 amended by Stats. 2016, Ch. 546, Sec. 2. ) ## 203.1. When adopting regulations pursuant to Section 203, the commission shall consider populations, habitat, food supplies, the welfare of individual animals, and other pertinent facts and testimony. (Added by Stats. 1979, Ch. 1076.)
  150. 205.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Regulation of Take and Possession Generally [200 - 275] ( Heading of Chapter 2 amended by Stats. 2016, Ch. 546, Sec. 1. ) ## ARTICLE 1. Authority [200 - 219] ( Heading of Article 1 amended by Stats. 2016, Ch. 546, Sec. 2. )

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    The commission may apply regulations about fish, amphibians, and reptiles to selected areas and may set seasons, limits, areas, and methods for taking them.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Regulation of Take and Possession Generally [200 - 275] ( Heading of Chapter 2 amended by Stats. 2016, Ch. 546, Sec. 1. ) ## ARTICLE 1. Authority [200 - 219] ( Heading of Article 1 amended by Stats. 2016, Ch. 546, Sec. 2. ) ## 205. Any regulation of the commission pursuant to this article which relates to fish, amphibia, and reptiles, may apply to all or any areas, districts, or portion thereof, at the discretion of the commission, and may do any or all of the following as to any or all species or subspecies: (a) Establish, extend, shorten, or abolish open seasons and closed seasons. (b) Establish, change, or abolish bag limits, possession limits, and size limits. (c) Establish and change areas or territorial limits for their taking. (d) Prescribe the manner and the means of taking. (Enacted by Stats. 1957, Ch. 456.)
  151. 2050.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    This chapter may be cited as the California Endangered Species Act.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2050. This chapter shall be known and may be cited as the California Endangered Species Act. (Repealed and added by Stats. 1984, Ch. 1240, Sec. 2.)
  152. 2051.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The Legislature finds that some fish, wildlife, and plant species have become extinct or are at risk of extinction, and that conserving and protecting them and their habitats is a matter of statewide concern.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2051. The Legislature hereby finds and declares all of the following: (a) Certain species of fish, wildlife, and plants have been rendered extinct as a consequence of man’s activities, untempered by adequate concern and conservation. (b) Other species of fish, wildlife, and plants are in danger of, or threatened with, extinction because their habitats are threatened with destruction, adverse modification, or severe curtailment, or because of overexploitation, disease, predation, or other factors. (c) These species of fish, wildlife, and plants are of ecological, educational, historical, recreational, esthetic, economic, and scientific value to the people of this state, and the conservation, protection, and enhancement of these species and their habitat is of statewide concern. (Repealed and added by Stats. 1984, Ch. 1240, Sec. 2.)
  153. 2052.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The Legislature states state policy to conserve, protect, restore, and enhance endangered or threatened species and their habitat, and to acquire lands for that habitat when consistent with conservation.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2052. The Legislature further finds and declares that it is the policy of the state to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat and that it is the intent of the Legislature, consistent with conserving the species, to acquire lands for habitat for these species. (Repealed and added by Stats. 1984, Ch. 1240, Sec. 2.)
  154. 2052.1.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    If this chapter requires mitigation measures or alternatives for impacts on protected species, those measures must be roughly proportional, preserve the person’s objectives as much as possible, and be capable of successful implementation.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2052.1. The Legislature further finds and declares that if any provision of this chapter requires a person to provide mitigation measures or alternatives to address a particular impact on a candidate species, threatened species, or endangered species, the measures or alternatives required shall be roughly proportional in extent to any impact on those species that is caused by that person. Where various measures or alternatives are available to meet this obligation, the measures or alternatives required shall maintain the person’s objectives to the greatest extent possible consistent with this section. All required measures or alternatives shall be capable of successful implementation. This section governs the full extent of mitigation measures or alternatives that may be imposed on a person pursuant to this chapter. This section shall not affect the state’s obligations set forth in Section 2052. (Amended by Stats. 1998, Ch. 485, Sec. 74. Effective January 1, 1999.)
  155. 2053.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    Public agencies should not approve projects that would harm endangered or threatened species or essential habitat when reasonable and prudent alternatives are available. The department, project proponent, and state lead agency must develop those alternatives together.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2053. (a) The Legislature further finds and declares that it is the policy of the state that public agencies should not approve projects as proposed which would jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat essential to the continued existence of those species, if there are reasonable and prudent alternatives available consistent with conserving the species or its habitat which would prevent jeopardy. (b) Furthermore, it is the policy of this state and the intent of the Legislature that reasonable and prudent alternatives shall be developed by the department, together with the project proponent and the state lead agency, consistent with conserving the species, while at the same time maintaining the project purpose to the greatest extent possible. (Amended by Stats. 2018, Ch. 329, Sec. 1. (SB 473) Effective January 1, 2019.)
  156. 2054.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    Individual projects may be approved when specific economic, social, or other conditions make alternatives infeasible and appropriate mitigation and enhancement measures are provided.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2054. The Legislature further finds and declares that, in the event specific economic, social, or other conditions make infeasible such alternatives, individual projects may be approved if appropriate mitigation and enhancement measures are provided. (Repealed and added by Stats. 1984, Ch. 1240, Sec. 2.)
  157. 2055.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    State agencies, boards, and commissions must seek to conserve endangered and threatened species and use their authority to support the chapter’s purposes.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2055. The Legislature further finds and declares that it is the policy of this state that all state agencies, boards, and commissions shall seek to conserve endangered species and threatened species and shall utilize their authority in furtherance of the purposes of this chapter. (Repealed and added by Stats. 1984, Ch. 1240, Sec. 2.)
  158. 2056.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    A qualifying landowner is not liable for civil damages for injuries to department employees or contractors during species survey, management, or recovery work.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2056. The Legislature further finds and declares that the cooperation of the owners of land which is identified as habitat for endangered species and threatened species is essential for the conservation of those species and that it is the policy of this state to foster and encourage that cooperation in furtherance of the purposes of this chapter. Therefore, a landowner of property on which an endangered, threatened, or candidate species lives shall not be liable for civil damages for injury to employees of, or persons under contract with, the department if the injury occurs while those persons are conducting survey, management, or recovery efforts with respect to those species. (Amended by Stats. 1987, Ch. 286, Sec. 1.)
  159. 2060.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2060. The definitions in this article govern the construction of this chapter. (Added by Stats. 1984, Ch. 1240, Sec. 2.)
  160. 2061.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    This section defines “conserve,” “conserving,” and “conservation” for endangered and threatened species.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2061. “Conserve,” “conserving,” and “conservation” mean to use, and the use of, all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary. These methods and procedures include, but are not limited to, all activities associated with scientific resources management, such as research, census, law enforcement, habitat acquisition, restoration and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking. (Added by Stats. 1984, Ch. 1240, Sec. 2.)
  161. 2062.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    This section defines “endangered species” as certain native animals or plants at serious risk of extinction, and includes species the commission determined as endangered on or before January 1, 1985.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2062. “Endangered species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease. Any species determined by the commission as “endangered” on or before January 1, 1985, is an “endangered species.” (Added by Stats. 1984, Ch. 1240, Sec. 2.)
  162. 2063.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    This section defines “feasible” by referring to the definition in Section 21061.1 of the Public Resources Code.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2063. “Feasible” means feasible as defined in Section 21061.1 of the Public Resources Code. (Added by Stats. 1984, Ch. 1240, Sec. 2.)
  163. 2064.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    “Project” means the term as defined in Section 21065 of the Public Resources Code.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2064. “Project” means project as defined in Section 21065 of the Public Resources Code. (Added by Stats. 1984, Ch. 1240, Sec. 2.)
  164. 2064.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    This section defines “recover” and “recovery” for a species as improving its status until listing is no longer appropriate, and, if a recovery plan has been approved, meeting that plan’s conditions.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2064.5. “Recover” and “recovery” mean to improve, and improvement in, the status of a species to the point at which listing is no longer appropriate under the criteria set out in this chapter and any regulations adopted thereunder, and, if the department has approved a recovery plan, satisfaction of the conditions of that plan. (Added by Stats. 2018, Ch. 329, Sec. 2. (SB 473) Effective January 1, 2019.)
  165. 2065.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    This section defines “State lead agency” as a state agency, board, or commission that is a lead agency under the California Environmental Quality Act.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2065. “State lead agency” means the state agency, board, or commission which is a lead agency under the California Environmental Quality Act (Division 13 (commencing with Sec. 21000) of the Public Resources Code). (Added by Stats. 1984, Ch. 1240, Sec. 2.)
  166. 2067.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    This section defines “threatened species.”

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2067. “Threatened species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts required by this chapter. Any animal determined by the commission as “rare” on or before January 1, 1985, is a “threatened species.” (Added by Stats. 1984, Ch. 1240, Sec. 2.)
  167. 2068.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    This section defines “candidate species.”

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 1. General Provisions [2050 - 2068] ( Article 1 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2068. “Candidate species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list. (Added by Stats. 1984, Ch. 1240, Sec. 2.)
  168. 2070.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The commission must create endangered-species and threatened-species lists, and may add or remove species when sufficient scientific information shows the change is warranted.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2070. The commission shall establish a list of endangered species and a list of threatened species. The commission shall add or remove species from either list if it finds, upon the receipt of sufficient scientific information pursuant to this article, and based solely upon the best available scientific information, that the action is warranted. (Amended by Stats. 2018, Ch. 329, Sec. 4. (SB 473) Effective January 1, 2019.)
  169. 2071.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The commission must adopt guidelines for petitions to add or remove species from the endangered or threatened species lists.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2071. The commission shall adopt guidelines by which an interested person may petition the commission to add a species to, or to remove a species from either the list of endangered or the list of threatened species. (Added by Stats. 1984, Ch. 1162, Sec. 6.)
  170. 2071.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The department must recommend, and the commission must adopt, criteria for deciding whether a species is endangered or threatened.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2071.5. The department shall recommend, and the commission shall adopt, criteria for determining if a species is endangered or threatened. (Added by Stats. 1984, Ch. 1162, Sec. 6.)
  171. 2072.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    A petition must be written, clearly identified as a petition, and state the administrative measure recommended.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2072. The petition shall be written, shall be clearly identified as a petition, and shall clearly indicate the administrative measure recommended. (Added by Stats. 1984, Ch. 1162, Sec. 6.)
  172. 2072.3.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    A petition must include enough scientific information and supporting details to show a petitioned action may be warranted.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2072.3. To be accepted, a petition shall, at a minimum, include sufficient scientific information that a petitioned action may be warranted. Petitions shall include information regarding the population trend, range, distribution, abundance, and life history of a species, the factors affecting the ability of the population to survive and reproduce, the degree and immediacy of the threat, the impact of existing management efforts, suggestions for future management, and the availability and sources of information. The petition shall also include information regarding the kind of habitat necessary for species survival, a detailed distribution map, and any other factors that the petitioner deems relevant. (Added by Stats. 1984, Ch. 1162, Sec. 6.)
  173. 2072.7.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The department may recommend that the commission add or remove a species from the endangered or threatened species list, and if it does, it must include the information required by Section 2072.3.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2072.7. The department may, in the absence of a petition from an interested party, recommend to the commission that it add a species to, or remove a species from, either the list of endangered species or the list of threatened species. If it makes a recommendation under this section, the department shall include the information specified in Section 2072.3. A department recommendation under this section shall be considered by the commission as a petition with a departmental recommendation to accept and consider as described in subdivision (b) of Section 2073.5, and is subject to Sections 2074 to 2079, inclusive. (Added by Stats. 1984, Ch. 1162, Sec. 6.)
  174. 2073.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The commission must refer a petition to the department within 10 days after receiving it from an interested person under Section 2072.3.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2073. Within 10 days of the receipt of a petition from an interested person under Section 2072.3, the commission shall refer the petition to the department. (Added by Stats. 1984, Ch. 1162, Sec. 6.)
  175. 2073.3.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The commission must publish and mail notices about certain endangered or threatened species petitions and evaluations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2073.3. (a) The commission shall publish a notice in the California Regulatory Notice Register of the receipt of a petition prepared pursuant to Section 2072.3 by the department, or by an interested party and referred to the department, pursuant to Section 2073, or the commencement of an evaluation, to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species pursuant to Section 2072.7. At a minimum, the notice shall include all of the following: (1) The scientific and common name of the species. (2) Habitat type, if that information is available in the petition. (3) The location where interested persons can submit information to the department relating to the petitioned species. (b) The commission shall notify interested persons pursuant to Section 2078, by mail, of the notices prepared pursuant to subdivision (a), and shall mail a copy of the notice to those persons. (Amended by Stats. 1997, Ch. 515, Sec. 1. Effective January 1, 1998.)
  176. 2073.4.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    A person may submit information about a petitioned species to the department during petition evaluation, and the department must notify the petitioner of that information within 30 days.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2073.4. (a) A person may submit information to the department relating to the petitioned species during the evaluation of the petition pursuant to Section 2073.5. The information shall relate to the matters identified in Section 2072.3. (b) Within 30 days after receiving information pursuant to subdivision (a), the department shall notify the petitioner regarding its content. (Amended by Stats. 2018, Ch. 329, Sec. 5. (SB 473) Effective January 1, 2019.)
  177. 2073.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The department must review a petition and send the commission a written evaluation report within 90 days, unless the commission grants up to a 30-day extension on the director’s request.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2073.5. (a) Within 90 days of receipt of the petition, the department shall evaluate the petition on its face and in relation to other relevant information the department possesses or receives, and submit to the commission its written evaluation report with one of the following recommendations to the commission: (1) Based upon the information contained in the petition, there is not sufficient information to indicate that the petitioned action may be warranted, and the petition should be rejected. (2) Based upon the information contained in the petition, there is sufficient information to indicate that the petitioned action may be warranted, and the petition should be accepted and considered. (b) Upon the request of the director, the commission may grant the department an extension of time, not to exceed 30 days, to allow the department additional time to further analyze and evaluate the petition and complete its evaluation report. (c) The department’s evaluation report shall include copies of, or a list of, all information submitted to the department pursuant to subdivision (a) of Section 2073.4 during its evaluation of the petition. If copies are not included, the report shall state where the listed information is available for review. (Amended by Stats. 1997, Ch. 515, Sec. 3. Effective January 1, 1998.)
  178. 2073.7.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    A petitioner may amend a petition before the commission’s meeting begins. If the commission treats the amendment as substantive, it must resend the petition for review, publish notice of the amendment, and reschedule or continue the hearing to allow public comment.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2073.7. A petitioner may amend a petition at any time prior to the beginning of the meeting held by the commission pursuant to Section 2074.2. However, if the commission determines that the amendment is substantive, the commission shall resubmit the petition to the department for review pursuant to Section 2073.5, publish notice of the amendment pursuant to Section 2073.3, and renotice or continue any hearing scheduled pursuant to Section 2074 in order to provide adequate opportunity for public comment. (Added by Stats. 1997, Ch. 515, Sec. 4. Effective January 1, 1998.)
  179. 2074.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The commission must schedule the petition for consideration at its next available meeting, wait at least 30 days after receipt of the petition and public release of the evaluation report, distribute its pending agenda to interested persons, and make the petition, evaluation report, and other received materials available for review.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2074. The commission shall schedule the petition for consideration at its next available meeting, but not sooner than 30 days after receipt of the petition and public release of the evaluation report, and distribute its pending agenda to interested persons pursuant to Section 2078. The commission also shall make the petition, evaluation report, and other materials received available for review. (Amended by Stats. 1997, Ch. 515, Sec. 5. Effective January 1, 1998.)
  180. 2074.2.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The commission must hold a public hearing on the petition, then close the record and follow strict limits on reopening it, receiving new information, and issuing findings.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2074.2. (a) At the meeting scheduled pursuant to Section 2074, the commission shall hold a public hearing on the petition and shall receive information, written or otherwise, and oral testimony. After the conclusion of oral testimony from the commission and department staff, the petitioner, or any other persons, the commission may close the public hearing and administrative record for the commission’s decision pursuant to this section. (b) After the commission closes the public hearing, the administrative record for the commission’s decision is closed and it shall not be reopened except as provided in subdivision (c). Once the public hearing is closed, no person shall submit further information to the commission for consideration on that petition and the commission shall not accept any further information for consideration on that petition except as provided in subdivision (c). (c) The administrative record for the commission’s decision pursuant to this section shall not be reopened once the commission closes the public hearing unless one of the following occurs prior to the commission’s decision: (1) There is a change in state or federal law or regulation that has a direct and significant impact on the commission’s determination as to whether the petition provides sufficient information to indicate that the petitioned action may be warranted. (2) The commission determines that it requires further information to evaluate whether the petition provides sufficient information to indicate that the petitioned action may be warranted. If the commission makes that determination during its deliberation, the commission may request, on the record at the scheduled meeting or at a continued meeting, further information on any issue relevant to making its determination as to whether the petition provides sufficient information to indicate that the petitioned action may be warranted. Any request by the commission pursuant to this paragraph shall specify a date by which the information must be submitted to the commission and shall serve to reopen the administrative record for the limited purpose of receiving further information relating to the issues specified by the commission in the request. Commission and department staff, the petitioner, or any other person may submit information in response to a request pursuant to this paragraph. If the commission reopens the record pursuant to this paragraph, it shall provide an opportunity for public comment on the submitted information prior to the issuance of its decision. (d) In its discretion, the commission may either close the public hearing and continue the meeting on the petition for the purpose of deliberation or continue both the public hearing and the meeting on the petition to a subsequent date, which shall be no later than 90 days after the meeting scheduled pursuant to Section 2074, and subject to applicable notice and agenda requirements. If the commission closes the public hearing but continues the meeting for the purpose of deliberation, a person shall not submit, and the commission shall not receive, further information relating to the petition except as provided in subdivision (c). (e) At the meeting scheduled pursuant to Section 2074 or at a continued meeting scheduled pursuant to subdivision (d), the commission shall consider the petition, the department’s written report, written comments received, and oral testimony provided during the public hearing, and the commission shall make and enter in its record one of the following findings: (1) If the commission finds that the petition does not provide sufficient information to indicate that the petitioned action may be warranted, the commission shall publish a notice of finding that the petition is rejected, including the reasons why the petition is not sufficient. (2) If the commission finds that the petition provides sufficient information to indicate that the petitioned action may be warranted, the commission shall publish a notice of finding that the petition is accepted for consideration. If the accepted petition recommends the addition of a species to either the list of endangered species or the list of threatened species, the commission shall include in the notice that the petitioned species is a candidate species. The commission shall maintain a list of species which are candidate species. (f) The commission shall publish and distribute the findings relating to the petition pursuant to Section 2078. (Amended (as amended by Stats. 2013, Ch. 387, Sec. 3) by Stats. 2016, Ch. 201, Sec. 1. (AB 2549) Effective January 1, 2017.)
  181. 2074.4.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    If a petition is accepted, the commission and department must try to notify affected and interested parties and gather comments. Notice should also go to certain landowners unless individual notice is impractical.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2074.4. If a petition is accepted by the commission for consideration, all reasonable attempts shall be made to notify affected and interested parties and to solicit data and comments on the petitioned action from as many persons as is practicable. In addition to commission efforts to provide notification through distribution of the commission agenda and minutes pursuant to Section 2078, the department shall immediately undertake efforts to notify affected and interested parties. Methods of notification may include, but are not limited to, correspondence, newspaper notices, and press releases, and notification shall include notice to owners of that land which may provide habitat essential to the continued existence of the species, unless the director determines that ownership is so widespread, fragmented, or complex as to make individual notice impractical. (Added by Stats. 1984, Ch. 1162, Sec. 6.)
  182. 2074.6.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    If the commission accepts a petition, the department must review the species status promptly and then prepare, peer review, publish, and post a final report; the commission may grant up to a six-month extension in limited circumstances.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2074.6. (a) If the commission accepts a petition for consideration, the department shall promptly commence a review of the status of the species concerned in the petition. (b) Within 12 months of the date of publication of a notice of acceptance of a petition for consideration pursuant to paragraph (2) of subdivision (e) of Section 2074.2, the department shall produce and make publicly available on the department’s internet website a final written peer reviewed report, based upon the best scientific information available to the department, which indicates whether the petitioned action is warranted, which includes a preliminary identification of the habitat that may be essential to the continued existence of the species, and which recommends management activities and other recommendations for recovery of the species. (c) Prior to releasing the final written report, the department shall have a draft status review report prepared and independently peer reviewed, and upon receiving the peer reviewers’ input, shall evaluate and respond in writing to the independent peer review and shall amend the draft status review report as appropriate. (d) The revised report shall be posted on the department’s internet website for a minimum of 30 days for public review prior to the hearing scheduled pursuant to Section 2075. (e) The commission may grant an extension of up to six months if the director determines an extension is necessary to complete independent peer review of the report, and to provide a minimum of 30 days for public review of the peer reviewed report prior to the public hearing specified in Section 2075. (Amended by Stats. 2023, Ch. 132, Sec. 37. (AB 1760) Effective January 1, 2024.)
  183. 2074.8.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The commission and department are not required to do independent studies or other species assessments when reviewing a petition, and the director may approve more time to finish the status report for independent peer review.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2074.8. (a) This article does not impose any duty or obligation for, or otherwise require, the commission or the department to undertake independent studies or other assessments of any species when reviewing a petition and its attendant documents and comments. (b) The director may approve an extension of time for completion of the status report if necessary for the purposes of obtaining independent peer review pursuant to Section 2074.6. (Amended by Stats. 2023, Ch. 132, Sec. 38. (AB 1760) Effective January 1, 2024.)
  184. 2075.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The commission must schedule the petition for final consideration at its next available meeting after it receives the departmental report, distribute the pending agenda for that meeting, and make the report available for review on request.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2075. The commission shall schedule the petition for final consideration at its next available meeting after receipt of the departmental report provided pursuant to Section 2074.6 and shall distribute the pending agenda for that meeting pursuant to Section 2078. The commission shall make the department’s report, or copies thereof, which was provided, pursuant to Section 2074.6, available for review upon request. (Added by Stats. 1984, Ch. 1162, Sec. 6.)
  185. 2075.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The commission must hold a public hearing on the petition, receive testimony and information, and then decide whether the petitioned action is warranted. Once the hearing closes, new information is generally barred unless subdivision (c) allows reopening.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2075.5. (a) At the meeting scheduled pursuant to Section 2075, the commission shall hold a public hearing on the petition and shall receive information, written or otherwise, and oral testimony. After the conclusion of oral testimony from the commission and department staff, the petitioner, or any other person, the commission may close the public hearing and the administrative record for the commission’s decision pursuant to this section. (b) After the commission closes the public hearing, the administrative record for the commission’s decision is closed and it shall not be reopened except as provided in subdivision (c). Once the public hearing is closed, a person shall not submit further information to the commission for consideration on that petition and the commission shall not accept any further information for consideration on that petition except as provided in subdivision (c). (c) The administrative record for the commission’s decision pursuant to this section shall not be reopened once the commission closes the public hearing unless one of the following occurs before the commission’s decision: (1) There is a change in state or federal law or regulation that has a direct and significant impact on the commission’s determination as to whether the petitioned action is warranted. (2) The commission determines that it requires further information to evaluate whether the petitioned action is warranted. If the commission makes that determination during its deliberation, the commission may request, on the record at the scheduled meeting or at a continued meeting, further information on any issue relevant to making its determination as to whether the petitioned action is warranted. Any request by the commission pursuant to this paragraph shall specify a date by which the information must be submitted to the commission and shall serve to reopen the administrative record for the limited purpose of receiving further information relating to the issues specified by the commission in the request. Commission and department staff, the petitioner, or any other person may submit information in response to a request pursuant to this paragraph. (d) The commission, in its discretion, may either close the public hearing and continue the meeting on the petition for the purpose of deliberation or continue both the public hearing and the meeting on the petition to a subsequent date that is no later than 90 days after the meeting scheduled pursuant to Section 2075, and subject to applicable notice and agenda requirements. If the commission closes the public hearing but continues the meeting for the purpose of deliberation, a person shall not submit, and the commission shall not receive, further information relating to the petition except as provided in subdivision (c). (e) At the meeting scheduled pursuant to Section 2075, or at a continued meeting scheduled pursuant to subdivision (d), the commission shall make one of the following findings based on the best available scientific information: (1) The petitioned action is not warranted, in which case the finding shall be entered in the public records of the commission and the petitioned species shall be removed from the list of candidate species maintained pursuant to Section 2074.2. (2) The petitioned action is warranted, or the petitioned action is not warranted but listing the petitioned species at a different status than that requested by the petitioner is warranted, in which case the commission shall, within 30 days of adopting written findings, publish a notice of that finding and shall add the species to, or remove the species from, the list of endangered species or the list of threatened species. 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 change in status of a species pursuant to this article. The commission shall submit the change in status to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. The commission shall use underline or italics to indicate additions to, and strikeout to indicate deletions from, the California Code of Regulations to reflect the change in status. (Amended by Stats. 2018, Ch. 329, Sec. 6. (SB 473) Effective January 1, 2019.)
  186. 2076.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    Any finding made under this article is subject to judicial review under Section 1094.5 of the Code of Civil Procedure.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2076. Any finding pursuant to this article is subject to judicial review under Section 1094.5 of the Code of Civil Procedure. (Amended by Stats. 2023, Ch. 132, Sec. 39. (AB 1760) Effective January 1, 2024.)
  187. 2076.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The commission may adopt an emergency regulation to add a species to the endangered or threatened species list if it finds an emergency that significantly threatens the species’ continued existence, and it must notify affected or interested persons.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2076.5. Notwithstanding Sections 2071 to 2075.5, inclusive, the commission may adopt a regulation that adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 399) of Division 1 if the commission finds that there is any emergency posing a significant threat to the continued existence of the species. The commission shall notify affected or interested persons of the adoption of the emergency regulation pursuant to the methods described in Section 2074.4. (Amended by Stats. 2016, Ch. 546, Sec. 23. (SB 1473) Effective January 1, 2017.)
  188. 2076.7.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

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    The department must monitor certain federal species-protection changes and, if needed, publish findings, report to the commission, and notify affected persons. Some species may be added to or removed from a provisional candidate list, and certain federally authorized take activities are exempt from criminal or civil penalties while compliance continues.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2076.7. (a) For the purposes of this section only, “federally listed species” means any species, subspecies, distinct population segment, or evolutionarily significant unit that is native to California, that was, as of January 1, 2025, listed or was a candidate for listing under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), and that is not currently protected under Chapter 1.5 (commencing with Section 2050) of Division 3. (b) For purposes of this section only, “a decrease in endangered or threatened species protections by the federal government” shall mean any action that satisfies both of the following: (1) That is an act of the United States Congress to amend the federal Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), a rulemaking or amendment to regulations by either the United States Fish and Wildlife Service or the National Marine Fisheries Service, an executive order by the President of the United States, or an action by the Endangered Species Committee, established by Section 1536(e) of Title 16 of the United States Code. (2) That reduces the level of protection provided to one or more federally listed species by, among other actions, delisting a species, changing the listing status of a species from endangered to threatened, eliminating or changing the prohibitions on take, or decreasing the amount of mitigation required for permits or other approvals. (c) To ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the department shall take the following actions: (1) The department shall monitor actions by the United States Congress, the United States Fish and Wildlife Service, the National Marine Fisheries Service, the President of the United States, and the Endangered Species Committee that could result in a decrease in endangered or threatened species protections by the federal government. (2) For any action that the department determines will result in a decrease in endangered or threatened species protections by the federal government, the department shall determine whether both of the following have occurred: (A) The decrease in endangered or threatened species protections by the federal government will have a substantial impact on one or more federally listed species within California. (B) Provisional listing as a candidate under Chapter 1.5 (commencing with Section 2050) of Division 3 could significantly reduce any such substantial impact. (3) If the department determines that one or more federally listed species will be substantially impacted by a decrease in endangered or threatened species protections by the federal government and that listing as a provisional candidate species could significantly reduce such impacts, the department shall publish written findings in the California Regulatory Notice Register regarding the determinations in paragraph (2) along with a statement that the affected species is deemed a provisional candidate species pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 and shall be added to the commission’s list as a provisional candidate species. (d) Any species added to the list of provisional candidate species pursuant to subdivision (c) shall remain a provisional candidate species until December 31, 2031. Sections 2074.4 to 2076, inclusive, shall not apply to any species added to the list of provisional candidate species pursuant to subdivision (c). (e) Any species added to the list of provisional candidate species pursuant to subdivision (c) may be removed from the list by the commission, pursuant to this article. (f) (1) The department shall report any federally listed species that are listed as provisional candidate species pursuant to subdivision (c) at the next public meeting of the commission following the provisional candidacy determination. (2) Notwithstanding subdivision (d), if the commission determines a federally listed species that is listed as a provisional candidate species pursuant to subdivision (c) may warrant ongoing protection pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3, the commission may direct the department to prepare a status review pursuant to 2074.6 and proceed with the process for listing the species as endangered or threatened under Chapter 1.5 (commencing with Section 2050) of Division 3. (g) Provisional candidate species shall have the same protections afforded to candidate species pursuant to this chapter. (h) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to any actions taken by the department or the commission pursuant to this section. (i) It is the intent of the Legislature that the department and the commission be provided sustainable funding sufficient to fully implement this section and the resulting obligations. (j) The department shall notify affected and interested persons of any determination to make a federally listed species a provisional candidate species pursuant to subdivision (c) using the methods described in Section 2074.4. (k) During the pendency of a provisional candidacy for a species pursuant to this section, an entity operating under a federal authorization for take, in effect on or before January 19, 2025, for species listed pursuant to the provisional candidacy, shall not be liable for criminal or civil penalties under this article as long as the entities are in full compliance with their federal biological opinion, incidental take permit, incidental take statement, conservation benefit agreement, or rules promulgated under subsection (d) of Section 4 of the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.). (l) Nothing in this section is intended to nor shall it be interpreted to affect the duties of the commission or the department as set forth in Article 2 (commencing with Section 2070) of Chapter 1.5 of Division 3 with respect to processing petitions submitted pursuant to Section 2072.3. (m) This section shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed. (Added by Stats. 2025, Ch. 638, Sec. 2. (AB 1319) Effective January 1, 2026. Inoperative December 31, 2031, by its own provisions. Repealed as of January 1, 2032, by its own provisions.)
  189. 2077.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The department must regularly review listed endangered or threatened species, and sometimes may do so if other funding exists or on petition/data, with reports sent to the commission.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2077. (a) Upon a specific appropriation of funds by the Legislature, the department shall, or if other funding is available, in the absence of a specific appropriation, may, review species listed as an endangered species or as a threatened species every five years to determine if the conditions that led to the original listing are still present. The review shall be conducted based on information that is consistent with the information specified in Section 2072.3 and that is the best scientific information available to the department. The review shall include a review of the identification of the habitat that may be essential to the continued existence of the species and the department’s recommendations for management activities and other recommendations for recovery of the species. The department shall notify any person who has notified the commission, in writing with their address, of their interest, and the department may notify any other person. (b) Review pursuant to subdivision (a) of species that are listed by both the commission and the United States Department of the Interior shall be conducted in conjunction with the five-year review process of the United States Department of the Interior. (c) Initial review of those species listed by the commission before January 1, 1982, that are not listed by the federal government shall be undertaken and completed by July 1, 1987. Initial review of those species listed by the commission after January 1, 1982, that are not listed by the federal government shall be undertaken and completed within five years of the date the species was originally listed by the commission. (d) Notwithstanding any other provision of this section, the commission or the department may review a species at any time based upon a petition or upon other data available to the department and the commission. (e) The department shall report in writing to the commission the results of its five-year review for each listed species. The commission shall treat any report of the department under this subdivision that contains a recommendation to add a species to, or remove a species from, the list of endangered species or the list of threatened species as a department recommendation submitted pursuant to Section 2072.7. (Amended by Stats. 2018, Ch. 329, Sec. 7. (SB 473) Effective January 1, 2019.)
  190. 2078.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The commission must send pending listing or delisting agendas and certain minutes to interested people who notify it in writing, and it may charge an annual fee to people who ask to be on the notice list.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2078. (a) To provide all interested persons access to information and notification of pending listing or delisting actions, the commission shall distribute the related agenda of pending actions and those portions of its minutes of actions taken under this article to any individuals who have notified the commission, in writing with their address, of their interest. This notification shall be published in the California Regulatory Notice Register and shall meet the requirements of public notice as required for commission action under Section 2073.3, 2074, 2074.2, 2075, or 2077. (b) The commission may impose an annual fee on those persons who request inclusion on the list to be notified in order to offset the cost of establishing and maintaining the list, and preparing and mailing the notices. Fees received pursuant to this section shall be deposited in the Fish and Game Preservation Fund. (Amended by Stats. 1991, Ch. 974, Sec. 3.)
  191. 2079.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The department must prepare a species-status report every third year and post it on the commission’s website.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2079. The department shall, by January 30 of every third year, beginning January 30, 1986, prepare a report summarizing the status of all state listed endangered, threatened, and candidate species, and shall post the report on the commission’s Internet Web site. This report shall include, but not be limited to, a listing of those species designated as endangered, threatened, and candidate species, a discussion of the current status of endangered, threatened, or candidate species, and the timeframes for the review of listed species pursuant to this article. (Amended by Stats. 2012, Ch. 728, Sec. 44. (SB 71) Effective January 1, 2013.)
  192. 2079.1.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. )

    Verify source ↗

    The department may develop and implement nonregulatory recovery plans for listed endangered or threatened species when funding is available, and it must follow specified planning, public process, and posting requirements.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 2. Listing of Endangered Species [2070 - 2079.1] ( Article 2 added by Stats. 1984, Ch. 1240, Sec. 2. ) ## 2079.1. (a) Upon a specific appropriation of funds by the Legislature, or if funding is otherwise available, the department may develop and implement nonregulatory recovery plans for the conservation and survival of species listed as an endangered species or as a threatened species, unless the department finds that the recovery plan will not promote the conservation of the species. (b) The department, in developing and implementing recovery plans, shall, to the extent practicable, give priority to those endangered or threatened species, without regard to taxonomic classification, that are most likely to benefit from a recovery plan, particularly those species populations that are, or may be, significantly affected by anticipated land use changes, climate change, or changes in aquatic conditions. (c) Each recovery plan shall be based on the best available scientific information and shall, at a minimum, include all of the following: (1) A description of site-specific management actions necessary to achieve the recovery plan’s goal for the conservation of the species. (2) Objective, measurable criteria that, when achieved, would result in a determination, in accordance with the provisions of this section, that the species be removed from the list of endangered species or the list of threatened species, as applicable. (3) Estimates of the time required and the cost to carry out those measures needed to achieve the goal of the recovery plan and to achieve intermediate steps toward that goal. (d) The department, in developing and implementing a recovery plan, may consider data and appropriate information from public and private agencies and institutions, and other qualified persons, in addition to data and appropriate information derived from the public process required pursuant to subdivision (g). (e) The department may, in its discretion, adopt, or may adopt with revisions, an existing federal recovery plan for a species described in subdivision (a) that is also listed as an endangered species or a threatened species pursuant to Section 4 of the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1533) if the department finds that the recovery plan is consistent with the provisions of this section. (f) Subject to subdivision (a), and pursuant to subdivision (g), the department shall adopt guidelines and criteria to aid in the implementation of this section. Upon adoption, the department shall post the guidelines and criteria on its Internet Web site. (g) Development of a recovery plan pursuant to subdivision (a), and adoption of guidelines and criteria pursuant to subdivision (f), shall be through a public process including at least one public meeting at which the department provides landowners, local governments, and interested members of the public the opportunity for input. The public meeting may be in conjunction with a meeting of the commission. In the case of a recovery plan, the public meeting shall be held in the recovery planning area. (h) 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, criteria, or recovery plans pursuant to this section. (Added by Stats. 2018, Ch. 329, Sec. 8. (SB 473) Effective January 1, 2019.)
  193. 2080.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. )

    Verify source ↗

    No person or public agency may import, export, take, possess, purchase, or sell endangered or threatened species, or attempt those acts, unless another listed law or chapter allows it.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. ) ## 2080. No person or public agency shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, any species, or any part or product thereof, that the commission determines to be an endangered species or a threatened species, or attempt any of those acts, except as otherwise provided in this chapter, the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of this code), or the California Desert Native Plants Act (Division 23 (commencing with Section 80001) of the Food and Agricultural Code). (Amended by Stats. 2018, Ch. 329, Sec. 9. (SB 473) Effective January 1, 2019.)
  194. 2080.1.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. )

    Verify source ↗

    A person with a qualifying federal incidental take statement or permit can take the covered species under this chapter without further state authorization, but must notify the director, attach the statement or permit, and pay the required fee.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. ) ## 2080.1. (a) Notwithstanding any other provision of this chapter, or Chapter 10 (commencing with Section 1900) or Chapter 11 (commencing with Section 1925) of Division 2, but subject to subdivision (c), if any person obtains from the United States Secretary of the Interior or the United States Secretary of Commerce an incidental take statement pursuant to Section 7 of the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1536) or an incidental take permit pursuant to Section 10 of that federal act (16 U.S.C. Sec. 1539) that authorizes the taking of an endangered species or a threatened species that is listed pursuant to Section 4 of that federal act (16 U.S.C. Sec. 1533) and that is an endangered species, threatened species, or a candidate species pursuant to this chapter, no further authorization or approval is necessary under this chapter for that person to take that endangered species, threatened species, or candidate species identified in, and in accordance with, the incidental take statement or incidental take permit, if that person does all of the following: (1) Notifies the director in writing that the person has received an incidental take statement or an incidental take permit issued pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.). (2) Includes in the notice to the director a copy of the incidental take statement or incidental take permit. (3) Includes with the notice payment of the permit application fee required pursuant to Section 2081.2. (b) Upon receipt of the notice specified in paragraph (1) of subdivision (a), the director shall immediately have published in the General Public Interest section of the California Regulatory Notice Register the receipt of that notice. (c) Within 30 days after the director has received the notice described in subdivision (a) that an incidental take statement or an incidental take permit has been issued pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the director shall determine whether the incidental take statement or incidental take permit is consistent with this chapter. If the director determines within that 30-day period, based upon substantial evidence, that the incidental take statement or incidental take permit is not consistent with this chapter, then the taking of that species may only be authorized pursuant to this chapter. (d) The director shall immediately publish the determination pursuant to subdivision (c) in the General Public Interest section of the California Regulatory Notice Register. (e) Unless deleted or extended by a later enacted statute that is chaptered before the date this section is repealed, this section shall remain in effect only until, and is repealed on, the effective date of an amendment to Section 7 or Section 10 of the federal Endangered Species Act of 1973 (16 U.S.C. Secs. 1536 and 1539) that alters the requirements for issuing an incidental take statement or an incidental take permit, as applicable. (Amended by Stats. 2018, Ch. 329, Sec. 10. (SB 473) Effective January 1, 2019. Repealed conditionally by its own provisions.)
  195. 2080.2.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. )

    Verify source ↗

    The section states legislative findings about restoring spring run Chinook salmon to the San Joaquin River and says the section is not intended to create precedent or change other statutes or legal obligations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. ) ## 2080.2. The Legislature finds and declares the following: (a) The historic settlement approved by Congress in the San Joaquin River Restoration Settlement Act (Part I of Subtitle A of Title X of Public Law 111-11) directs the federal government to reintroduce spring run Chinook salmon to the San Joaquin River. In approving the settlement and the new statutory provisions governing the reintroduction of California central valley spring run Chinook salmon, Congress found that the implementation of the settlement, to resolve 18 years of contentious litigation regarding restoration of the San Joaquin River and the reintroduction of the salmon, was a unique and unprecedented circumstance. The settlement also provides that nothing in the settlement diminishes the statutory or regulatory protections under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) nor does it establish a precedent with respect to any other application of the federal act. (b) Central valley spring run Chinook salmon have been listed since 1999 as a threatened species under this chapter and were still listed as of January 1, 2011. (c) Restoring spring run Chinook salmon to the San Joaquin River is intended to further the conservation and recovery of the species. (d) Consistent with the unique and historic circumstances that led to the settlement, nothing in Section 2080.2, 2080.3, or 2080.4 is intended to create any precedent as to future application of this chapter, nor do Sections 2080.2, 2080.3, or 2080.4 otherwise modify other existing statutes or legal obligations. (Added by Stats. 2010, Ch. 291, Sec. 1. (SB 1349) Effective January 1, 2011.)
  196. 2080.3.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. )

    Verify source ↗

    If a person gets the specified federal permit for taking spring-run Chinook salmon, no further authorization under this chapter is needed, but the person must notify the director in writing and include a copy of the permit.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. ) ## 2080.3. (a) Notwithstanding any other provision of this chapter, if any person obtains from the Secretary of Commerce an enhancement of survival permit pursuant to Section 1539(a)(1)(A) of Title 16 of the United States Code that authorizes the taking of spring run Chinook salmon (Oncorhynchus tshawytscha) in order to establish or maintain an experimental population in the San Joaquin River pursuant to subsection (j) of that section and the San Joaquin River Restoration Settlement Act (Part I of Subtitle A of Title X of Public Law 111-11), no further authorization or approval is necessary under this chapter for that person to take that species as identified in, and in accordance with, the enhancement of survival permit, if all of the following requirements are met: (1) That person shall notify the director in writing that the person has received an enhancement of survival permit and include in the notification a copy of the permit. (2) Upon receipt of the notice specified in paragraph (1), the director shall immediately have the notice published in the General Public Interest section of the California Regulatory Notice Register. (3) Within 30 days after the director has received the notice specified in paragraph (1), the director shall determine whether the enhancement of survival permit will further the conservation of the species. As used in this paragraph, “conservation” has the same meaning as defined in Section 2061. (4) The director shall immediately have the determination pursuant to paragraph (3) published in the General Public Interest section of the California Regulatory Notice Register. (b) The timing and extent of a take authorization under this section shall be limited to the terms in the federal enhancement of survival permit and shall expire upon the expiration of the federal permit. (c) This section shall remain in effect only until the effective date of an amendment to Section 1539 of Title 16 of the United States Code that alters the requirements for issuing an enhancement of survival permit, as applicable, and as of that date is repealed. (Amended by Stats. 2024, Ch. 80, Sec. 46. (SB 1525) Effective January 1, 2025. Repealed conditionally by its own provisions.)
  197. 2080.4.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. )

    Verify source ↗

    This section allows incidental take of a designated experimental population of spring run Chinook salmon only when specified federal and director findings are in place.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. ) ## 2080.4. (a) If a population of spring run Chinook salmon in the San Joaquin River is designated as an experimental population under subsection (j) of Section 1539 of Title 16 of the United States Code, no further authorization or approval is necessary under this chapter for any person to incidentally take members of that experimental population, if all of the following requirements are met: (1) The Secretary of Commerce has published regulations in the Federal Register specifying management restrictions, protective measures, prohibitions, and exceptions to the prohibitions for the designated experimental population of spring run Chinook salmon in the San Joaquin River. (2) The director has determined, in writing, that the management restrictions, protective measures, prohibitions and exceptions to prohibitions contained in the regulations specified in paragraph (1) meet the requirements in subdivision (b). (3) The action or activity that results in incidental take of the designated experimental population is authorized by the regulations published in the Federal Register. (b) The director shall issue the determination described in paragraph (2) of subdivision (a), if the director finds that the federal regulations described in paragraph (1) of subdivision (a) meet all of the following criteria: (1) The federal regulations will further the conservation of the spring run Chinook salmon. As used in this paragraph, “conservation” has the same meaning as defined in Section 2061. (2) The federal regulations contain all reasonably feasible measures to avoid and minimize the impacts of any taking allowed by the regulation. (3) The federal regulations will not jeopardize the continued existence or recovery of spring run Chinook salmon, and will not jeopardize the restoration of spring run Chinook salmon in the San Joaquin River. (c) If the director determines that the federal regulations described in paragraph (1) of subdivision (a) are not consistent with this chapter, or if the action or activity that results in incidental take is not authorized in those federal regulations, then the incidental take of members of the designated experimental population may only be authorized pursuant to this chapter. (d) The director shall publish the determination, pursuant to paragraph (2) of subdivision (a), and subdivision (b), in the General Public Interest section of the California Regulatory Notice Register. (Added by Stats. 2010, Ch. 291, Sec. 3. (SB 1349) Effective January 1, 2011.)
  198. 2080.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. )

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    A person with a qualifying federal enhancement of survival permit may take the covered species under this chapter without further state authorization if notice and publication requirements are met.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. ) ## 2080.5. (a) Notwithstanding any other provision of this chapter, if any person obtains from the Secretary of Commerce or the Secretary of the Interior an enhancement of survival permit pursuant to Section 1539(a)(1)(A) of Title 16 of the United States Code that authorizes the taking of an endangered species or a threatened species that is listed pursuant to Section 1533 of Title 16 of the United States Code and that is an endangered species, threatened species, or candidate species pursuant to this chapter in order to establish or maintain an experimental population, no further authorization or approval is necessary under this chapter for that person to take that endangered species, threatened species, or candidate species identified in, and in accordance with, the enhancement of survival permit, if all of the following requirements are met: (1) That person shall notify the director in writing that the person has received an enhancement of survival permit and include in the notification a copy of the permit. (2) Upon receipt of the notice specified in paragraph (1), the director shall immediately have the notice published in the General Public Interest section of the California Regulatory Notice Register. (3) Within 30 days after the director has received the notice specified in paragraph (1), the director determines the enhancement of survival permit will further the conservation of the species. As used in this paragraph, “conservation” has the same meaning as defined in Section 2061. (4) The director shall immediately have the determination pursuant to paragraph (3) published in the General Public Interest section of the California Regulatory Notice Register. (b) The timing and extent of a take authorization under this section shall be limited to the terms in the federal enhancement of survival permit and shall expire upon the expiration of the federal permit. (c) (1) This section shall remain in effect only until the effective date of an amendment to Section 1539 of Title 16 of the United States Code that alters the requirements for issuing an enhancement of survival permit, as applicable, and as of that date is repealed. (2) If the director becomes aware that this section has been repealed pursuant to this subdivision, the director shall notify the Legislature of that fact pursuant to Section 9795 of the Government Code. (Added by Stats. 2017, Ch. 276, Sec. 1. (AB 1133) Effective January 1, 2018. Repealed on date prescribed by its own provisions.)
  199. 2080.6.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. )

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    This section defines “experimental population” and says incidental take of members of such a population needs no further authorization under this chapter if stated conditions are met.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. ) ## 2080.6. (a) For purposes of this chapter, “experimental population” means any population nonessential to the continued existence of an endangered, threatened, or candidate species, including any eggs, propagules, individuals, or offspring arising solely therefrom, that the Secretary of the Interior or the Secretary of Commerce designates as an experimental population pursuant to Section 1539(j) of Title 16 of the United States Code. (b) If a population of a species is an experimental population, no further authorization or approval is necessary under this chapter for any person to incidentally take members of that experimental population, if all of the following requirements are met: (1) The Secretary of the Interior or the Secretary of Commerce has published regulations in the Federal Register for the designated experimental population as required by Section 1539(j) of Title 16 of the United States Code. (2) The director has determined, in writing, that the regulations specified in paragraph (1) meet the requirements in subdivision (c). (3) The action or activity that results in incidental take of the designated experimental population is authorized by the regulations published in the Federal Register. (c) The director shall issue the determination described in paragraph (2) of subdivision (b), if the director finds that the federal regulations described in paragraph (1) of subdivision (b) meet all of the following criteria: (1) The federal regulations will further the conservation of the species. As used in this paragraph, “conservation” has the same meaning as defined in Section 2061. (2) The federal regulations contain measures to avoid and minimize the impacts of any taking allowed by the regulation. (3) The federal regulations will not jeopardize the continued existence or recovery of the species. (d) If the director determines that the federal regulations described in paragraph (1) of subdivision (b) are not consistent with this chapter, or if the action or activity that results in incidental take is not authorized in those federal regulations, the incidental take of members of the designated experimental population may only be authorized pursuant to the other provisions of this chapter. (e) The director shall publish the determination, pursuant to paragraph (2) of subdivision (b), and subdivision (d), in the General Public Interest section of the California Regulatory Notice Register. (Added by Stats. 2017, Ch. 276, Sec. 2. (AB 1133) Effective January 1, 2018.)
  200. 2080.7.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. )

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    The department should do public outreach, including public meetings, before introducing an experimental population.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1.5. Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2. ) ## ARTICLE 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. ) ## 2080.7. It is the intent of the Legislature that, before the introduction of an experimental population, as defined in Section 2080.6, onto land or into waters of this state, the department should undertake appropriate public outreach, including public meetings, in an effort to inform the public about the proposed introduction of the experimental population and its potential effects, if any, on ongoing human activities. To the extent practicable, this public outreach should include inviting other public boards, departments, or agencies that may have a regulatory or other role regarding the experimental population to collaborate with the department. Nothing in this section shall be construed to modify any other law or legal obligation. (Added by Stats. 2017, Ch. 276, Sec. 3. (AB 1133) Effective January 1, 2018.)

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