Fish and Game Code — Part 5 | FGC — United States — California law | Esheria

Fish and Game Code

Part 5 of 12 · provisions 801–1,000

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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. 2081.

    ## 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 Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2.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 may authorize certain otherwise prohibited acts involving endangered, threatened, or candidate species, but must not issue a permit if it would jeopardize the species’ continued existence.

    ## 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 Endangered Species [2050 - 2089.25] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2.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. ) ## 2081. The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows: (a) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes. (b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species if all of the following conditions are met: (1) The take is incidental to an otherwise lawful activity. (2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicant’s objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking. (3) (A) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures. (B) For purposes of this section, transportation funding identified in the State Highway System Management Plan shall be presumed to ensure adequate funding for the long-term maintenance of a habitat connectivity or wildlife corridor structure on the state highway system, but not for the habitat on or around the structure. To ensure adequate funding to maintain the habitat on or around the structure, the applicant shall provide an endowment. (c) No permit may be issued pursuant to subdivision (b) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species’ capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities. (d) The department shall adopt regulations to aid in the implementation of subdivision (b) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b). (e) Commencing January 1, 2019, the department shall post each new permit issued pursuant to subdivision (b) on its internet website within 15 days of the effective date of the permit. (Amended by Stats. 2023, Ch. 57, Sec. 1. (SB 145) Effective July 10, 2023.)
  2. 2081.1.

    ## 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. )

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    This section says taking or incidental taking of certain listed species is not prohibited if it was authorized by the department and the listed timing and approval 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. ) ## 2081.1. Nothing in this chapter or in any other provision of law prohibits the taking or the incidental taking of any endangered, threatened, or candidate species if the taking was authorized by the department through a permit or memorandum of understanding, or in a natural communities conservation plan, habitat conservation plan, habitat management plan, or other plan or agreement approved by or entered into by the department, or in an amendment to such a permit, memorandum of understanding, plan, or agreement and all of the following conditions are met: (a) The application process commenced on or before April 10, 1997. (b) The department approved the permit, memorandum of understanding, plan, agreement, or amendment thereto within either of the following timeframes: (A) On or before April 10, 1997. (B) Between April 10, 1997, and January 1, 1998, and the department also certifies that the permit, memorandum of understanding, plan, agreement, or amendment thereto meets the substantive criteria of subdivision (b) of Section 2081. The permits, memoranda of understanding, plan, agreements, and amendments thereto described in this section are deemed to be in full force and effect, as of the date approved or entered into by the parties insofar as they authorize the take of species. This section does not apply to the “Emergency Management Measures Permit” issued by the department on March 15, 1995. (Added by Stats. 1997, Ch. 567, Sec. 3. Effective January 1, 1998.)
  3. 2081.10.

    ## 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 may authorize incidental take of unarmored threespine stickleback for specified Foothill Feeder activities if listed 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. ) ## 2081.10. (a) The department may authorize, under this chapter, the incidental take of unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) attributable to the periodic dewatering, inspection, maintenance, modification, or repair, including emergency repair, of the Metropolitan Water District of Southern California’s Foothill Feeder water supply facility from Castaic Dam to the Joseph Jensen Treatment Plant in the County of Los Angeles, contingent upon the fulfillment of the following conditions: (1) The department determines that the requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the unarmored threespine stickleback. (2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project. (3) The take authorization provides for the development and implementation, in cooperation with the department, of an adaptive management plan for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize and fully mitigate the impacts of the authorized take and to satisfy the conservation standard of subdivision (d) of Section 2805. (4) A biologist who has substantial relevant experience evaluating impacts to inland fisheries is on duty whenever an activity is conducted that may affect the unarmored threespine stickleback. (5) The Metropolitan Water District of Southern California consults with the department to consider feasible measures to avoid and minimize incidental take of unarmored threespine stickleback. For purposes of this paragraph, “feasible” has the same meaning as defined in Section 15364 of Title 14 of the California Code of Regulations. (b) The take authorization shall cover any incidental take of unarmored threespine stickleback attributable to the periodic dewatering, inspection, maintenance, modification, or repair, including emergency repair, of the Foothill Feeder that may occur in the following locations: (1) Within the Santa Clara River, from the Bouquet Canyon Road Bridge to a point located 4,000 feet downstream of where Commerce Center Drive, as of January 1, 2016, dead-ends adjacent to the Santa Clara River. (2) From the confluence with the Santa Clara River upstream to the following locations: (A) In Charlie Canyon to a point 1,000 feet upstream of the Foothill Feeder facility dewatering structure. (B) In San Francisquito Creek to the Copper Hill Drive bridge. (C) In Placerita Creek to the Hacienda Lane crossing. (D) In Bouquet Creek to the Newhall Ranch Road Bridge. (c) The take authorization shall also cover any incidental take of unarmored threespine stickleback that may occur in the course of implementing mitigation or conservation actions required in the permit issued pursuant to subdivision (a) as may be modified through an adaptive management plan adopted pursuant to paragraph (3) of subdivision (a). (d) The permit issued pursuant to subdivision (a) shall include conditions that cover biological and scientific considerations including, but not limited to, criteria for the handling of stranded fish and their relocation into suitable habitat, the dewatering of the Foothill Feeder, and the reasonable and feasible mimicking of streamflows. The permit conditions shall be in compliance with the project description, mitigation measures, and release plan set forth in the certified environmental impact report known as the “Foothill Feeder Repair and Future Inspections Project Environmental Impact Report, January 2005, State Clearinghouse Number 2005071082.” The permit conditions are subject to amendment when required by the adaptive management plan or when modified by a subsequent final environmental document pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (e) This section shall not be construed to exempt from any other law the periodic dewatering, inspection, maintenance, modification, or repair of the Foothill Feeder. (f) If the Metropolitan Water District of Southern California receives a permit under this section, the permit shall require the district to report to the department within six months after every dewatering of the Foothill Feeder. The report shall address compliance with the permit conditions and the effectiveness of the adaptive management plan in contributing to the conservation of the unarmored threespine stickleback. The Metropolitan Water District of Southern California shall ensure that each report is made available to the public. (g) As used in this section, “modification” does not include alterations to expand the maximum physical capacity of the Foothill Feeder to deliver water. (Added by Stats. 2016, Ch. 387, Sec. 2. (AB 2488) Effective January 1, 2017.)
  4. 2081.11.

    ## 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 may authorize taking or possessing certain listed fish, but only if specific conservation and plan-approval 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. ) ## 2081.11. (a) The department may authorize, under this chapter, the take or possession of the Lost River sucker (Deltistes luxatus and Catostomus luxatus) and shortnose sucker (Chasmistes brevirostris) resulting from impacts attributable to or otherwise related to the decommissioning and removal of the Iron Gate Dam, the Copco 1 Dam, the Copco 2 Dam, or the J.C. Boyle Dam, each located on the Klamath River, consistent with the Klamath Hydroelectric Settlement Agreement, if all of the following conditions are met: (1) The department finds the authorized take will not jeopardize the continued existence of the Lost River sucker or shortnose sucker. (2) The impacts of the authorized take are minimized. (3) The take authorization requires department approval of a sampling, salvage, and relocation plan to be implemented and that describes the measures necessary to minimize the take of adult Lost River sucker and shortnose sucker associated with the department’s authorization. The plan shall provide for a sampling effort, the results of which will provide information used to make decisions and to implement the plan while utilizing the principles of adaptive management. (b) This section shall not be construed to exempt the project described in subdivision (a) from any other law. (Added by Stats. 2018, Ch. 586, Sec. 1. (AB 2640) Effective January 1, 2019.)
  5. 2081.12.

    ## 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 may issue a permit allowing take or possession of the blunt-nosed leopard lizard for the described project impacts if specified Section 2081 requirements are met and a department-approved monitoring and adaptive management plan is included.

    ## 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. ) ## 2081.12. (a) The department may authorize, under this chapter, by permit, the take or possession of the blunt-nosed leopard lizard (Gambelia sila) resulting from impacts attributable to or otherwise related to the Allensworth Community Services District’s drilling and construction of a new water well, connection of the new water well to the existing distribution system, and construction of a new water storage tank, if both of the following conditions are met: (1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the blunt-nosed leopard lizard. (2) The take authorization provides for the development and implementation of a monitoring program and an adaptive management plan, approved by the department, for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize and fully mitigate the impacts of the authorized take. (b) The permit issued pursuant to subdivision (a) shall cover any incidental take of a blunt-nosed leopard lizard that may occur in the course of implementing mitigation or conservation actions required in the permit. (c) The permit conditions are subject to amendment when required by the monitoring program and adaptive management plan adopted pursuant to paragraph (2) of subdivision (a). (d) This section shall not be construed to exempt the projects described in subdivision (a) from any other law. (Added by Stats. 2018, Ch. 224, Sec. 2. (SB 495) Effective August 27, 2018.)
  6. 2081.13.

    ## 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 may authorize incidental take for the listed species for this project if specified conservation, monitoring, approval, and fee 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. ) ## 2081.13. (a) Notwithstanding Sections 3511 and 4700, the department may authorize, under this chapter, the incidental take of the salt-marsh harvest mouse (Reithrodontomys raviventris), the California Ridgway’s rail (Rallus obsoletus obsoletus), the California black rail (Laterallus jamaicensis coturniculus), and the white-tailed kite (Elanus leucurus) resulting from impacts attributable to the Sears Point to Mare Island Improvement Project on State Route 37 from east of Lakeville Highway near State Route 121 in the County of Sonoma to west of Sacramento Street in the County of Solano through the Counties of Sonoma, Napa, and Solano, if all of the following conditions are satisfied: (1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied as to the species for which take is authorized. (2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into each project and take is avoided to the maximum extent possible as to the species for which take is authorized. (3) The take authorization provides for development and implementation of a monitoring program and an adaptive management plan, both of which shall be approved by the department, that satisfy the conservation standard of subdivision (d) of Section 2805 for monitoring the effectiveness of, and amending, as necessary, the measures to minimize and fully mitigate the impacts of the authorized take. (4) The applicant pays a permit application fee consistent with Section 2081.2. (b) A permit issued pursuant to subdivision (a) shall cover any incidental take of a species for which take is authorized that may occur in the course of implementing mitigation or conservation actions required in the permit. (c) The permit conditions are subject to amendment when required by the monitoring program and adaptive management plan adopted pursuant to paragraph (3) of subdivision (a). (d) This section shall not be construed to exempt the project described in subdivision (a) from any other law. (Added by Stats. 2025, Ch. 438, Sec. 1. (AB 697) Effective January 1, 2026.)
  7. 2081.15.

    ## 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 may issue permits for certain project-related take of listed species if specified conditions are met, and applicants must pay the permit 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. ) ## 2081.15. (a) Notwithstanding Sections 3511, 4700, 5050, and 5515, and subject to the requirements set forth in subdivisions (c) to (g), inclusive, the department may authorize under this chapter by permit the take of species listed in subdivision (b) of Section 3511, subdivision (b) of Section 4700, subdivision (b) of Section 5050, and subdivision (b) of Section 5515 resulting from impacts attributable to the implementation of the projects identified in subdivision (b) if all of the following conditions are satisfied: (1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied as to the species for which take is authorized. (2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 and take is avoided to the maximum extent possible as to the species for which take is authorized are incorporated into each project. (3) The take authorization permit provides for the development and implementation, in cooperation with the department, and federal and state agencies, as applicable, of a monitoring program and an adaptive management plan, approved by the department, that satisfy the conservation standard of subdivision (d) of Section 2805 for monitoring the effectiveness of, and amending, as necessary, the measures to minimize and fully mitigate the impacts of the authorized take. (4) The applicant pays a permit application fee consistent with Section 2081.2. (b) Projects or categories of projects eligible for a take authorization permit pursuant to this section are limited to all of the following: (1) A maintenance, repair, or improvement project to the State Water Project, including existing infrastructure, undertaken by the Department of Water Resources. (2) A maintenance, repair, or improvement project to critical regional or local water agency infrastructure. (3) A transportation project, including any associated habitat connectivity and wildlife crossing project, undertaken by a state, regional, or local agency, that does not increase highway or street capacity for automobile or truck travel. (4) A wind project and any appurtenant infrastructure improvement, and any associated electric transmission project carrying electric power from a facility that is located in the state to a point of junction with any California-based balancing authority. (5) A solar photovoltaic project and any appurtenant infrastructure improvement, and any associated electric transmission project carrying electric power from a facility that is located in the state to a point of junction with any California-based balancing authority. (c) A permit issued pursuant to subdivision (a) shall cover any incidental take of a species for which take is authorized that may occur in the course of implementing mitigation or conservation actions required in the permit. (d) The permit conditions are subject to amendment when required by the monitoring program and adaptive management plan adopted pursuant to paragraph (3) of subdivision (a). (e) (1) This section does not apply to the design or construction of through-delta water conveyances in the Sacramento-San Joaquin Delta. (2) This section does not apply to the design or construction of ocean desalination projects. (f) This section shall not be construed to exempt the projects or categories of projects identified in paragraphs (1) to (5), inclusive, of subdivision (b) from any other law. (g) (1) The department shall not issue new take authorization permits pursuant to this section on or after December 31, 2033. (2) Take authorization permits issued pursuant to this section before December 31, 2033, shall continue to remain in effect. (h) The department shall develop a plan on or before July 1, 2024, to assess the population status of each fully protected species. The plan shall include recommendations to the Legislature for resources necessary to determine the scientific status of each fully protected species. (i) On or before July 1, 2025, and annually thereafter, the department shall prepare and submit a report to the relevant policy and budget committees of the Legislature regarding the implementation of this section. The report shall include, at a minimum, all of the following information: (1) For each individual permit issued to take a fully protected species pursuant to this section, all of the following information: (A) The type and location of the project for which the permit was issued, including the county in which the project is located. (B) The fully protected species at risk due to the project and any take of the fully protected species due to the project in the preceding calendar year. (C) Actions taken to avoid, minimize, and fully mitigate the take of, and to conserve, the fully protected species. (D) A description of the monitoring program, including observation frequency, and any adaptive management-driven modifications to the monitoring program in the preceding calendar year. (2) The cost to the department of the implementation of this section in the preceding calendar year broken down by task. (Added by Stats. 2023, Ch. 59, Sec. 2. (SB 147) Effective July 10, 2023.)
  8. 2081.2.

    ## 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. )

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    The department must collect permit application fees, use them for permit processing and monitoring, and refund unused fees only if a permit application is withdrawn 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 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. ) ## 2081.2. (a) For purposes of this section, the following terms have the following meanings: (1) “Permit” means any authorization issued by the department pursuant to this article to take a species listed by this chapter as candidate, threatened, or endangered. The term includes a consistency determination pursuant to Section 2080.1 and a concurrence determination pursuant to Section 2080.3 or 2080.4. (2) “Permit application” means an application for a permit, an amendment to a permit, or a renewal of a permit. The term includes a consistency determination request pursuant to Section 2080.1 and a concurrence determination request pursuant to Section 2080.3 or 2080.4. (3) “Permittee” includes any individual, firm, association, organization, partnership, business, trust, corporation, limited liability company, district, city, county, city and county, town, federal agency, and the state who applies for or who has received a permit pursuant to this article. (4) “Project” has the same meaning as defined in Section 21065 of the Public Resources Code. (5) “Project cost” means the total direct and indirect project expenses that include, but are not limited to, labor, equipment, permanent materials and supplies, subcontracts, overhead, and miscellaneous costs. The term shall not include permit or license expenses or mitigation costs. For purposes of this paragraph, the term “permit” includes, but is not limited to, a permit as defined in paragraph (1). (6) “Voluntary habitat restoration project” means a project that meets both of the following requirements: (A) The project’s primary purpose is voluntary habitat restoration and the project may have other environmental benefits, and the project is not required as mitigation due to a regulatory action. (B) The project is not part of a regulatory settlement, a regulatory enforcement action, or a court order. (b) (1) The department shall collect a permit application fee for processing a permit application submitted pursuant to this article at the time the permit application is submitted to the department. Upon appropriation to the department from the Endangered Species Permitting Account, the department shall use the permit application fee to pay for all or a portion of the department’s cost of processing permit applications, permit development, and compliance monitoring pursuant to this article. (2) This subdivision does not apply to any of the following: (A) Activities or costs associated with the review of projects, inspection and oversight of projects, and permits necessary to conduct timber operations, as defined in Section 4527 of the Public Resources Code, in accordance with Article 9.5 (commencing with Section 4629) of Chapter 8 of Part 2 of Division 4 of the Public Resources Code. (B) Permits or memoranda of understanding authorized by subdivision (a) of Section 2081. (C) Permits for voluntary habitat restoration projects. (c) The department shall assess the permit application fee as follows, subject to subdivision (f): (1) For a project, regardless of estimated project cost, that is subject only to Section 2080.1, 2080.3, or 2080.4, the department shall assess either of the following amounts: (A) Seven thousand five hundred dollars ($7,500). (B) Six thousand dollars ($6,000), if the project uses a department-approved conservation or mitigation bank to fulfill mitigation obligations pursuant to this article. (2) For a project where the estimated project cost is less than one hundred thousand dollars ($100,000), the department shall assess either of the following amounts: (A) Seven thousand five hundred dollars ($7,500). (B) Six thousand dollars ($6,000), if the project uses a department-approved conservation or mitigation bank to fulfill mitigation obligations pursuant to this article. (3) For a project where the estimated project cost is one hundred thousand dollars ($100,000) or more but less than five hundred thousand dollars ($500,000), the department shall assess either of the following amounts: (A) Fifteen thousand dollars ($15,000). (B) Twelve thousand dollars ($12,000), if the project uses a department-approved conservation or mitigation bank to fulfill mitigation obligations pursuant to this article. (4) For a project where the estimated project cost is five hundred thousand dollars ($500,000) or more, the department shall assess either of the following amounts: (A) Thirty thousand dollars ($30,000). (B) Twenty-four thousand dollars ($24,000), if the project uses a department-approved conservation or mitigation bank to fulfill mitigation obligations pursuant to this article. (5) The department shall collect a fee of seven thousand five hundred dollars ($7,500) for processing permit amendments that the department has determined are minor as defined in regulation or fifteen thousand dollars ($15,000) for processing permit amendments that the department has determined are major as defined in regulation. (d) (1) If the permit application fee paid pursuant to subdivision (c) is determined by the department to be insufficient to complete permitting work due to the complexity of a project or the potential effects of a project, the department shall collect an additional fee of up to ten thousand dollars ($10,000) from the permittee to pay for its estimated costs. Upon its determination, the department shall notify the permittee of the reasons why an additional fee is necessary and the estimated amount of the additional fee. (2) The additional fee collected pursuant to paragraph (1) shall not exceed an amount that, when added to the fee paid pursuant to subdivision (c), equals thirty-five thousand dollars ($35,000). The department shall collect the additional fee before a final decision on the permit application by the department. (e) (1) For a permit application submitted to the department pursuant to this article on or after September 13, 2016, the department shall collect the permit application fee at the time the permit application is submitted. The department shall not deem the permit application complete until it has collected the permit application fee. A permit application submitted or deemed complete before September 13, 2016, shall not be subject to fees established pursuant to this section. (2) If a permit application is withdrawn within 30 days after paying the permit application fee, the department shall refund any unused portion of the fee to the permittee. (3) If a permit application is withdrawn after 30 days of paying the permit application fee, the department shall not refund any portion of the fee to the permittee. (f) (1) The department shall adjust the fees in this section pursuant to Section 713. (2) The Legislature finds that all revenues generated under this section and used for the purposes for which they were imposed are not subject to Article XIII B of the California Constitution. (3) The department, at least every five years, shall analyze permit application fees pursuant to Section 713 to ensure the appropriate fee amounts are charged. (g) Fees paid to the department pursuant to this section shall be deposited in the Endangered Species Permitting Account, which is hereby established in the Fish and Game Preservation Fund. Funds in the account shall be available to the department, upon appropriation by the Legislature, for the purposes of administering and implementing this chapter, except that fee moneys collected pursuant to this section shall only be used for the purposes of this article. (Amended by Stats. 2023, Ch. 132, Sec. 41. (AB 1760) Effective January 1, 2024.)
  9. 2081.4.

    ## 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. )

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    The department may authorize taking rough sculpin for the Spring Creek Bridge replacement in Shasta County if listed 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. ) ## 2081.4. (a) The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied: (1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin. (2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project. (3) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the replacement of the Spring Creek Bridge have been fully mitigated. (b) This section shall not be construed to exempt the project described in subdivision (a) from any other law. (Added by Stats. 2016, Ch. 293, Sec. 2. (AB 1845) Effective January 1, 2017.)
  10. 2081.5.

    ## 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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    The department may issue a permit to allow take of the Santa Cruz long-toed salamander for the State Route 156 corridor project if stated conservation, monitoring, and mitigation 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. ) ## 2081.5. (a) The department may authorize under this chapter, by permit, the take of the Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum) resulting from impacts attributable to the construction along the State Route 156 corridor through Moro Cojo Slough in the County of Monterey for the purpose of enhancing safety and access, if all of the following conditions are satisfied: (1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the Santa Cruz long-toed salamander. (2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the construction project. (3) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the construction project described in this subdivision have been fully mitigated. (b) The conditions for the permit are subject to amendment if required by the monitoring program and the adaptive management process adopted pursuant to paragraph (3) of subdivision (a). (c) This section shall not be construed to exempt the construction project described in subdivision (a) from any other law. (Added by Stats. 2020, Ch. 237, Sec. 1. (SB 1231) Effective January 1, 2021.)
  11. 2081.6.

    ## 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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    The department may authorize taking the unarmored threespine stickleback for specified restoration projects if listed 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. ) ## 2081.6. (a) The department may authorize, under this chapter, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in the geographic area defined in paragraph (1) and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, undertaken by the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United States Department of Agriculture, Forest Service, if all of the following conditions are satisfied: (1) The take authorization is limited to the portion of Bouquet Creek located from a position normal to mile marker 8.3 on Bouquet Canyon Road to a position normal to mile marker 16.3 on Bouquet Canyon Road, inclusive. (2) The department has determined that the appropriate agreements have been executed to address environmental impacts at the Bouquet Canyon area, including, but not limited to, Bouquet Creek. (3) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the unarmored threespine stickleback. (4) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the projects. (5) A biologist will be on duty whenever an activity is conducted that may affect the unarmored threespine stickleback. (6) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process that satisfy the conservation standard of subdivision (d) of Section 2805 for monitoring the effectiveness of, and adjusting, as necessary, the measures to minimize and fully mitigate the impacts of the authorized take. (7) The take authorization provides for the development and implementation, in cooperation with state and federal agencies, of an adaptive management process that substantially contributes to the long-term conservation of the unarmored threespine stickleback. (b) This section shall not be construed to exempt the projects described in subdivision (a) from any other law. (c) This section shall not be construed to affect the contractual obligations of the Los Angeles Department of Water and Power to provide water from Bouquet Reservoir. (Added by Stats. 2015, Ch. 620, Sec. 2. (AB 353) Effective October 8, 2015.)
  12. 2081.7.

    ## 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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    This section lets the department authorize certain species take for Salton Sea-related impacts, but only if listed 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. ) ## 2081.7. (a) Notwithstanding Sections 3511, 4700, 5050, and 5515, and contingent upon the fulfillment of the conditions listed in subdivisions (b), (c), and (d), the department may authorize, under Chapter 1.5 (commencing with Section 2050) or Chapter 10 (commencing with Section 2800), the take of species resulting from impacts attributable to the implementation of the Quantification Settlement Agreement, as defined in subdivision (a) of Section 1 of Chapter 617 of the Statutes of 2002, on all of the following: (1) The salinity, elevation, shoreline habitat, or water quality of the Salton Sea. (2) The quantity and quality of water flowing in the All American Canal, the Coachella Canal, the Imperial Valley and Coachella Valley drains, the New and Alamo Rivers, the Coachella Valley Stormwater Channel, and the habitat sustained by those flows. (3) Agricultural lands in the Imperial Valley. (4) The quantity and quality of water flowing in the Colorado River, the habitat sustained by those flows, and the collection of that water for delivery to authorized users. (b) The Quantification Settlement Agreement is executed by the appropriate parties on or before October 12, 2003. (c) The department has determined that the appropriate agreements have been executed to address environmental impacts at the Salton Sea that include enforceable commitments requiring all of the following: (1) Imperial Irrigation District to transfer 800,000 acre-feet of conserved water, by conservation methods selected by the Imperial Irrigation District, to the Department of Water Resources on a mutually agreed-upon schedule in exchange for payment of one hundred seventy-five dollars ($175) per acre-foot. The price shall be adjusted for inflation on an annual basis. (2) Imperial Irrigation District to transfer up to 800,000 additional acre-feet of conserved water, by conservation methods selected by the Imperial Irrigation District, to the Department of Water Resources during the first 15 years of the Quantification Settlement Agreement on the schedule established for the mitigation water that was previously to be transferred to the San Diego Water Authority, or on a mutually agreed-upon schedule, at no cost for the water in addition to the payment for the water from the mitigation fund described in paragraph (1) of subdivision (b) of Section 3 of Chapter 613 of the Statutes of 2003. (3) As a condition to acquisition of the water described in paragraph (1), the Department of Water Resources shall be responsible for any environmental impacts, including Salton Sea salinity, related to use or transfer of that water. As a condition to acquisition of the water described in paragraph (2), the Department of Water Resources shall be responsible for environmental impacts related to Salton Sea salinity that are related to the use or transfer of that water. (4) The Metropolitan Water District of Southern California (MWD) to purchase up to 1.6 million acre-feet of the water provided in accordance with paragraphs (1) and (2) from the Department of Water Resources at a price of not less than two hundred fifty dollars ($250) per acre-foot on a mutually agreed-upon schedule. The price shall be adjusted for inflation on an annual basis. The Department of Water Resources shall deposit all proceeds from the sale of water pursuant to this paragraph, after deducting costs and reasonable administrative expenses, into the Salton Sea Restoration Fund established in Section 2932. (5) The Metropolitan Water District of Southern California to pay not less than twenty dollars ($20) per acre-foot for all special surplus water received by MWD as a result of reinstatement of access to that water under the Interim Surplus Guidelines by the United States Department of Interior subtracting any water delivered to Arizona as a result of a shortage. The money shall be paid into the Salton Sea Restoration Fund. The price shall be adjusted for inflation on an annual basis. Metropolitan Water District of Southern California shall receive a credit against future mitigation obligations under the Lower Colorado River Multi-Species Conservation Plan for any funds provided under this paragraph to the extent that those funds are spent on projects that contribute to the conservation or mitigation for species identified in the Lower Colorado River Multi-Species Conservation Plan and that are consistent with the preferred alternative for Salton Sea restoration. (6) Coachella Valley Water District, Imperial Irrigation District, and San Diego County Water Authority to pay a total of thirty million dollars ($30,000,000) to the Salton Sea Restoration Fund as provided in paragraph (2) of subdivision (b) of Section 3 of Chapter 613 of the Statutes of 2003. (d) All of the following conditions are met: (1) The requirements of subdivision (b) and (c) of Section 2081 are satisfied as to the species for which take is authorized. (2) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of an adaptive management process for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize and fully mitigate the impacts of the authorized take. The adjusted measures are subject to Section 2052.1. (3) The take authorization provides for the development and implementation in cooperation with state and federal agencies of an adaptive management process that substantially contributes to the long-term conservation of the species for which take is authorized. Preparation of the adaptive management program and implementation of the program is the responsibility of the department. The department’s obligation to prepare and implement the adaptive management program is conditioned upon the availability of funds pursuant to the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, if it is approved by the voters at the statewide general election to be held November 5, 2002 (Proposition 50), or other funds that may be appropriated by the Legislature or approved by the voters for that purpose. The failure to appropriate funds does not relieve the applicant of the obligations of paragraphs (1) and (2). However, the applicant shall not be required to fund any program pursuant to this paragraph. (4) The requirements of paragraph (1) may be satisfied if the take is authorized under Chapter 10 (commencing with Section 2800). (e) (1) The Secretary of the Resources Agency, in consultation with the department, the Department of Water Resources, the Salton Sea Authority, appropriate air quality districts, and the Salton Sea Advisory Committee, shall undertake a restoration study to determine a preferred alternative for the restoration of the Salton Sea ecosystem and the protection of wildlife dependent on that ecosystem. The Secretary of the Resources Agency shall extend an invitation to the United States Geological Survey Salton Sea Science Office to also participate in the restoration study, and the office may participate if it accepts the invitation. The restoration study shall be conducted pursuant to a process with deadlines for release of the report and programmatic environmental documents established by the secretary, in consultation with the department, the Department of Water Resources, the Salton Sea Authority, and the Salton Sea Advisory Committee, and the United States Geological Survey Salton Sea Science Office, if it is a participant. The secretary shall use all available authority to enter into a memorandum of understanding (MOU) with the Secretary of the Interior, as provided in Section 101(b)(1)(B)(i) of the Salton Sea Reclamation Act of 1998 (P.L. 105-372) for the purpose of obtaining federal participation in the restoration of the Salton Sea. (2) The restoration study shall establish all of the following: (A) An evaluation of alternatives for the restoration of the Salton Sea that includes consideration of strategies for salinity control, habitation creation and restoration, and different shoreline elevations and surface area configurations. The alternatives shall consider the range of possible inflow conditions. The evaluation established pursuant to this subparagraph shall also include suggested criteria for selecting and evaluating alternatives consistent with Chapter 13 (commencing with Section 2930), including, but not limited to, at least one most cost-effective, technically feasible, alternative. (B) An evaluation of the magnitude and practicability of costs of construction, operation, and maintenance of each alternative evaluated. (C) A recommended plan for the use or transfer of water provided by paragraph (2) of subdivision (c). No water may be transferred pursuant to that subdivision unless the secretary finds that transfer is consistent with the preferred alternative for Salton Sea restoration. (D) The selection of a preferred alternative consistent with Section 2931, including a proposed funding plan to implement the preferred alternative. The proposed funding plan shall include a determination of the moneys that are, or may be, available to construct and operate the preferred project, including, but not limited to, all of the following moneys: (i) Moneys in the Salton Sea Restoration Fund established by Section 2932. (ii) State water and environmental bond moneys. (iii) Federal authorizations and appropriations. (iv) Moneys available through a Salton Sea Infrastructure Financing District established pursuant to Section 53395.9 of the Government Code and local assessments by the Salton Sea Authority or its member agencies. (v) Moneys derived from user or other fees. (3) The study identifying the preferred alternative shall be submitted to the Legislature on or before December 31, 2006. (4) The Secretary of the Resources Agency shall establish an advisory committee for purposes of this subdivision as follows: (A) The advisory committee shall be selected to provide balanced representation of the following interests: (i) Agriculture. (ii) Local governments. (iii) Conservation groups. (iv) Tribal governments. (v) Recreational users. (vi) Water agencies. (vii) Air pollution control districts. (viii) Geothermal energy development. (B) Appropriate federal agency representatives may be asked to serve in an ex officio capacity. (C) The Resources Agency shall consult with the advisory committee throughout all stages of the alternative selection process. (D) The advisory committee shall meet no fewer than six times annually. (E) The secretary shall appoint a vice chair of the advisory committee from the committee membership. The vice chair shall work with the secretary to develop advisory committee agendas and to schedule meetings of the committee. The secretary and vice chair shall appoint an agenda subcommittee to assist in the preparation of advisory committee agendas. (F) The advisory committee shall submit to the Resources Agency recommendations to assist the agency in preparation of its restoration plan. The Resources Agency shall develop a schedule for the completion of these recommendations to ensure that these recommendations will be considered by the agency in a timely and meaningful manner as the restoration plan is developed. These recommendations may include, but are not limited to: (i) The specific goals and objectives of the restoration plan. (ii) The range of alternative restoration actions that must be developed and analyzed. (iii) The no action alternative. (iv) The criteria for determining economic and technical feasibility of the alternatives. (v) The range of options for funding the restoration plan. (vi) The selection of a preferred alternative for a restoration plan. (G) The Resources Agency shall periodically provide an update to the advisory committee of the current work plan and schedule for the development of the restoration plan. (f) This section shall not be construed to exempt from any other provision of law the Quantification Settlement Agreement and the Agreement for Transfer of Conserved Water by and between the Imperial Irrigation District and the San Diego County Water Authority, dated April 29, 1998. (Amended by Stats. 2004, Ch. 614, Sec. 1. Effective January 1, 2005.)
  13. 2081.8.

    ## 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 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. )

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    The Resources Agency must assess protection of recreational opportunities and improved local economic conditions around the Salton Sea, but must not do so if the agency determines the activities would be a project purpose for environmental documentation under Section 2081.7.

    ## 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. ) ## 2081.8. The Resources Agency shall undertake the necessary activities to assess the protection of recreational opportunities, including, but not limited to, hunting, fishing, boating, and birdwatching, and the creation of opportunities for improved local economic conditions, surrounding the Salton Sea. The Resources Agency shall not undertake any of those activities if the agency determines they would constitute a project purpose for environmental documentation that is prepared pursuant to Section 2081.7. (Added by Stats. 2004, Ch. 614, Sec. 2. Effective January 1, 2005.)
  14. 2081.9.

    ## 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 may authorize incidental take of the limestone salamander for this specific project, but only if the listed construction, mitigation, monitoring, reporting, and conservation 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. ) ## 2081.9. (a) Notwithstanding Section 5050, the department may authorize, under this chapter, the incidental take of limestone salamander (Hydromantes brunus) resulting from impacts attributable to the Department of Transportation’s implementation of the Ferguson Slide Permanent Restoration Project on State Route 140 from 8 miles east of Briceburg to 7.6 miles west of El Portal in Mariposa County, contingent upon the fulfillment of the following conditions: (1) The Department of Transportation begins construction of the Ferguson Slide Permanent Restoration Project on or before January 1, 2016. (2) The department has determined that the Department of Transportation will adopt appropriate avoidance and mitigation measures to protect the limestone salamander through enforceable commitments that, at a minimum, include the following: (A) A construction work window that prevents initial ground-disturbing construction activities from occurring on the southern slope during the salamander’s active season of December to March, inclusive. (B) Environmentally sensitive area fencing in the form of five-foot orange plastic mesh, as well as salamander protection exclusionary fencing in the form of 24-inch sheet metal, will be erected if construction-related activities will occur adjacent to limestone salamander habitat during their active season. (C) A biological monitor will be onsite during active building to inspect the worksite and all exclusionary fencing. (D) All ground-disturbing activities within 100 feet will cease if a limestone salamander is detected in an active construction site until the animal can be safely removed from the area according to an agreed-upon salvage plan. (3) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the limestone salamander. (4) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project. (5) The take authorization provides for the development and implementation, in cooperation with the department, of an adaptive management process for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize and fully mitigate the impacts of the authorized take. The adjusted measures are subject to Section 2052.1. (6) The failure to appropriate funds does not relieve the applicant of the obligations of paragraphs (1) and (2). (7) Any observations of the species in the worksite and any accidental injury or mortality from vehicle strikes or other means will be reported to the department immediately and the onsite biological monitor will notify the resident engineer who will halt the work immediately. (b) This section shall not be construed to exempt the Ferguson Slide Permanent Restoration Project on State Route 140 from 8 miles east of Briceburg to 7.6 miles west of El Portal in Mariposa County from any other law. (Added by Stats. 2012, Ch. 121, Sec. 1. (AB 1973) Effective January 1, 2013.)
  15. 2082.

    ## 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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    Sale of endangered or threatened species, and their parts or products, is generally barred unless a text-listed exception applies.

    ## 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. ) ## 2082. This chapter does not prohibit the sale of any endangered species or threatened species, or any part or product thereof, when the owner can demonstrate that the species, or part or product thereof, was in the person’s possession before the date upon which the commission listed the species as an endangered species or threatened species or as an endangered animal or rare animal prior to January 1, 1985, and shall not prohibit the sale of that part or product by an individual not normally engaged in that sale if it was originally possessed by the seller for the seller’s own use and so used by that seller. However, it shall be unlawful to sell any species, or part or product thereof, if that sale would have been unlawful prior to the date upon which the commission added the species to the listing of endangered species or threatened species or to the listing of endangered animals or rare animals prior to January 1, 1985. (Added by Stats. 1984, Ch. 1240, Sec. 2.)
  16. 2083.

    ## 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 chapter does not apply to certain authorized fish-taking activities or to possession of individual animals that were lawfully possessed before the species was listed.

    ## 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. ) ## 2083. This chapter does not apply to the taking of fish otherwise authorized pursuant to Part 3 (commencing with Section 7600) of Division 6 or to the possession of individual animals which were lawfully possessed before the commission listed the species as an endangered species or as a threatened species or as an endangered animal or rare animal prior to January 1, 1985. (Added by Stats. 1984, Ch. 1240, Sec. 2.)
  17. 2084.

    ## 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 commission may authorize taking certain candidate, endangered, or threatened species, if it sets conditions, uses the best available scientific information, and the take is consistent with the chapter.

    ## 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. ) ## 2084. (a) The commission may authorize, subject to terms and conditions it prescribes, and based on the best available scientific information, (1) the taking of any candidate species, or (2) the taking of any fish by hook and line for sport that is listed as an endangered, threatened, or candidate species, provided that in either case the take is consistent with this chapter. (b) The department may recommend to the commission that the commission authorize, or not authorize, the taking of an endangered, threatened, or candidate species pursuant to this section. (Amended by Stats. 2018, Ch. 329, Sec. 14. (SB 473) Effective January 1, 2019.)
  18. 2085.

    ## 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 article applies to any species designated as a candidate species under Section 2074.2 if notice has been given under Section 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 3. Taking, Importation, Exportation, or Sale [2080 - 2085] ( Article 3 added by Stats. 1984, Ch. 1240. ) ## 2085. The provisions of this article shall apply to any species designated as a candidate species under Section 2074.2 if notice has been given pursuant to Section 2074.4. (Added by Stats. 1984, Ch. 1162, Sec. 6.)
  19. 2086.

    ## 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 3.5. Incidental Take Associated with Routine and Ongoing Activities [2086 - 2089] ( Article 3.5 added by Stats. 1997, Ch. 528, Sec. 1. )

    Verify source ↗

    This section requires the department to adopt regulations for voluntary agricultural programs, sets conditions for those programs, and requires periodic renewal and reporting.

    ## 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 3.5. Incidental Take Associated with Routine and Ongoing Activities [2086 - 2089] ( Article 3.5 added by Stats. 1997, Ch. 528, Sec. 1. ) ## 2086. (a) The department, in cooperation with the Department of Food and Agriculture, agricultural commissioners, extension agents, farmers, ranchers, and other agricultural experts, shall adopt regulations that authorize locally designed voluntary programs for routine and ongoing agricultural activities on farms or ranches that encourage habitat for candidate, threatened, and endangered species, and wildlife generally. Agricultural commissioners, extension agents, farmers, ranchers, or other agricultural experts, in cooperation with conservation groups, may propose those programs to the department. (b) Programs authorized under subdivision (a) shall do all of the following: (1) Include management practices that will, to the maximum extent practicable, avoid and minimize take of candidate, endangered, and threatened species, while encouraging the enhancement of habitat. (2) Be supported by the best available scientific information for both agricultural and conservation practices. (3) Be consistent with the policies and goals of this chapter. (4) Be designed to provide sufficient flexibility to maximize participation and to gain the maximum wildlife benefits without compromising the economics of agricultural operations. (5) Include terms and conditions to allow farmers or ranchers to cease participation in a program without penalty. The terms and conditions shall include reasonable measures to minimize take during withdrawal from the program. (c) Any taking of candidate, threatened, or endangered species incidental to routine and ongoing agricultural activities that occurs while the management practices specified by paragraph (1) of subdivision (b) are followed, is not prohibited by this chapter. (d) (1) The department shall automatically renew the authorization for these voluntary programs every five years, unless the Legislature amends or repeals this section in which case the program shall be revised to conform to this section. (2) Commencing in 2000, and every five years thereafter, the department shall post a report regarding the effect of the programs on its internet website. The department shall consult with the Department of Food and Agriculture in evaluating the programs and preparing the report. The report shall address factors such as the temporary and permanent acreage benefiting from the programs, include an estimate of the amount of land upon which routine and ongoing agricultural activities are conducted, provide examples of farmer and rancher cooperation, and include recommendations to improve the voluntary participation by farmers and ranchers. (e) If the authorization for these programs is not renewed or is modified under subdivision (d), persons participating in the program shall be allowed to cease participating in the program in accordance with the terms and conditions specified in paragraph (5) of subdivision (b), without penalty. (f) (1) The department may approve an application submitted by an agricultural-based nonprofit organization or other entity registered as a California nonprofit organization to initiate and undertake public education and outreach activities that promote the achievement of the objectives of this chapter. An application submitted pursuant to this subdivision shall include the following: (A) The name and contact information of the participating organization. (B) A brief description of the planned outreach activities. (C) An end date for the outreach activities. (2) The department may require a participating organization to submit, for approval by the department, educational materials and outreach materials that are disseminated to the public in furtherance of this subdivision. (3) A participating organization shall file an annual report with the department before the end of each calendar year during the time period specified in the application. The report shall include, but is not limited to, the following: (A) Complete information on the activities conducted by the participating organization in the prior year, including a description of all means of communicating to the public and agricultural community, including personal visits, electronic communications, organized meetings, or other means. (B) A compilation of responses from the public and members of the agricultural community that will assist the participating organization and the department to modify or improve public education and outreach activities on an ongoing basis. (C) An assessment of the existing knowledge within the agricultural community of programs and prohibitions under this chapter and a review of outreach activities that could be used to adapt and improve future outreach efforts. (D) Information on a farm or ranch that has expressed interest in participating in a voluntary program pursuant to this section or the safe harbor agreement program contained in Article 3.7 (commencing with Section 2089.2). This provision does not require the annual report to include the identification to the department of an individual, farm, or ranch. (Amended by Stats. 2023, Ch. 132, Sec. 42. (AB 1760) Effective January 1, 2024.)
  20. 2087.

    ## 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 3.5. Incidental Take Associated with Routine and Ongoing Activities [2086 - 2089] ( Article 3.5 added by Stats. 1997, Ch. 528, Sec. 1. )

    Verify source ↗

    Certain accidental wildlife takes during routine farming or ranching activities are not prohibited, but the take must be reported to the department within 10 days once known.

    ## 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 3.5. Incidental Take Associated with Routine and Ongoing Activities [2086 - 2089] ( Article 3.5 added by Stats. 1997, Ch. 528, Sec. 1. ) ## 2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter. (b) (1) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days. (2) The department shall conduct outreach to the extent feasible using existing channels to raise awareness of this reporting requirement within the agricultural community. (c) For purposes of this section, “accidental” means unintended or unforeseen. (d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2023, Ch. 447, Sec. 1. (AB 606) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)
  21. 2088.

    ## 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 3.5. Incidental Take Associated with Routine and Ongoing Activities [2086 - 2089] ( Article 3.5 added by Stats. 1997, Ch. 528, Sec. 1. )

    Verify source ↗

    This section says the article does not authorize taking fish species and does not apply to timber harvesting governed by the State Board of Forestry.

    ## 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 3.5. Incidental Take Associated with Routine and Ongoing Activities [2086 - 2089] ( Article 3.5 added by Stats. 1997, Ch. 528, Sec. 1. ) ## 2088. This article does not authorize the take of fish species and does not apply to timber harvesting governed by the State Board of Forestry. “Fish species” as used in this section means a member of the class Osteichthyes. (Added by Stats. 1997, Ch. 528, Sec. 1. Effective January 1, 1998.)
  22. 2089.

    ## 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 3.5. Incidental Take Associated with Routine and Ongoing Activities [2086 - 2089] ( Article 3.5 added by Stats. 1997, Ch. 528, Sec. 1. )

    Verify source ↗

    The department must define routine and ongoing agricultural activities by regulation, and that definition cannot include converting agricultural land to a nonagricultural use.

    ## 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 3.5. Incidental Take Associated with Routine and Ongoing Activities [2086 - 2089] ( Article 3.5 added by Stats. 1997, Ch. 528, Sec. 1. ) ## 2089. Routine and ongoing agricultural activities shall be defined by the department by regulation and shall not include the conversion of agricultural land to a nonagricultural use. (Added by Stats. 1997, Ch. 528, Sec. 1. Effective January 1, 1998.)
  23. 2089.10.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    If an approved agreement is being properly implemented, the department must allow the landowner to alter or modify enrolled property, even if that causes incidental take of a listed species, as long as the change returns the species to baseline 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.10. If an agreement has been approved and the department finds that the agreement is being properly implemented, the department shall allow the landowner to alter or modify the enrolled property, even if that alteration or modification will result in the incidental take of a listed species, to the extent that the alteration or modification returns the species to baseline conditions. (Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
  24. 2089.12.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    The landowner must give the department advance notice before certain events and must allow access after notice, while the department must give the landowner seven days’ notice before access.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.12. (a) Unless the department determines that it is inappropriate to do so based on the nature of the management actions being proposed, the species listed in the permit, or other factors, the agreement shall require that the landowner provide the department with at least 60 days’ advance notice of any of the following: (1) Any incidental take that is anticipated to occur under the agreement. (2) The landowner’s plan to return to baseline at the end of the agreement. (3) Any plan to transfer or alienate the landowner’s interest in the land or water. (b) (1) If the department receives any notice described in subdivision (a), the landowner shall provide the department, its contractors, or agents with access to the land or water for purposes of safely removing or salvaging the species. (2) The department shall provide notice to the landowner at least seven days prior to accessing the land or water for the purposes of paragraph (1). The notice shall identify each person selected by the department, its contractors, or agents to access the land or water. (3) Notwithstanding paragraph (1), during the seven-day notice period, a landowner may object, in writing, to a person selected to access the land or water. If a landowner objects, another person shall be selected by the department, its contractors, or agents, and notification shall be provided to the landowner pursuant to paragraph (2). However, if a landowner objects to a selection on two successive occasions, the landowner shall be deemed to consent to access to the land or water by a person selected by the department, its contractors, or agents. Failure by a landowner to object to the selection within the seven-day notice period shall be deemed consent to access the land or water by a person selected by the department, its contractors, or agents. (4) If the landowner objects to a person selected to access the land or water pursuant to paragraph (3), the 60-day notice period described in subdivision (a) shall be tolled for the period between the landowner’s objection to a person selected for access to the land or water and the landowner’s consent to a person selected for access to the land or water. (Amended by Stats. 2010, Ch. 328, Sec. 66. (SB 1330) Effective January 1, 2011.)
  25. 2089.14.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    An agreement may be amended if the landowner and the department both consent.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.14. An agreement may be amended with the mutual consent of the landowner and the department. (Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
  26. 2089.16.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    If enrolled land or water is sold, transferred, or otherwise alienated during the agreement term, the new holder must assume the duties, make a new agreement with the department, or withdraw under the agreement’s terms.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.16. If a landowner seeks to sell, transfer, or otherwise alienate the land or water enrolled in the agreement during the term of the agreement, the person or entity assuming that interest in the property shall (a) assume the existing landowner’s duties under the agreement, (b) enter into a new agreement with the department, or (c) withdraw from an existing agreement under the terms provided in the agreement, as approved by the department. (Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
  27. 2089.18.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    The department adopts regulations that govern suspension and revocation of the agreement.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.18. The suspension and revocation of the agreement shall be governed by suspension and revocation regulations adopted by the department. (Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
  28. 2089.2.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    This article names the California State Safe Harbor Agreement Program Act and says the program encourages landowners to manage land voluntarily for species 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.2. (a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act. (b) The Legislature finds that a key to the goals set forth in this article of conserving, protecting, restoring, and enhancing endangered, threatened, and candidate species, is their habitat. A significant portion of the state’s current and potential habitat for these species exists on property owned by private citizens, municipalities, tribes, and other nonfederal entities. Conservation efforts on these lands and waters are critical to help these declining species. Using a collaborative stewardship approach to these lands and waters will help ensure the success of these efforts. (c) The purpose of this article is to establish a program that will encourage landowners to manage their lands voluntarily to benefit endangered, threatened, or candidate species, or declining or vulnerable species, and not be subject to additional regulatory restrictions as a result of their conservation efforts. (d) This article does not relieve landowners of any legal obligation with respect to endangered, threatened, or candidate species existing on their land. The program established by this article is designed to increase species populations, create new habitats, and enhance existing habitats. Although this increase may be temporary or long term, California state safe harbor agreements shall not reduce the existing populations of species present at the time the baseline is established by the department. (Amended by Stats. 2018, Ch. 329, Sec. 15. (SB 473) Effective January 1, 2019.)
  29. 2089.20.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    The landowner must allow access for the Safe Harbor agreement process, while the department must give at least 7 days’ notice before access. The landowner may object in writing during that notice period, and repeated objections can result in deemed consent.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.20. (a) This section does not provide the public a right of entry onto the enrolled land or water. The landowner shall provide the department, its contractors, or agents with access to the land or water proposed to be enrolled in the agreement to develop the agreement, determine the baseline conditions, monitor the effectiveness of management actions, or safely remove or salvage species proposed to be taken. (b) The department shall provide notice to the landowner at least seven days before accessing the land or water for the purposes of subdivision (a). The notice shall identify each person selected by the department, its contractors, or agents to access the land or water. (c) Notwithstanding subdivision (a), during the seven-day notice period, a landowner may object, in writing, to a person selected to access the land or water. If a landowner objects, another person shall be selected by the department, its contractors, or agents, and notification shall be provided to the landowner pursuant to subdivision (b). However, if a landowner objects to a selection on two successive occasions, the landowner shall be deemed to consent to access to the land or water by a person selected by the department, its contractors, or agents. Failure by a landowner to object to the selection within the seven-day notice period shall be deemed consent to access the land or water by a person selected by the department, its contractors, or agents. (d) (1) Notwithstanding any other law, the landowner is not required to do either of the following: (A) Maintain enrolled land or water, or land or water proposed to be enrolled in an agreement, in a condition that is safe for access, entry, or use by the department, its contractors, or agents for purposes of providing access pursuant to subdivision (a). (B) Provide to the department, its contractors, or agents, any warning of a hazardous condition, use, structure, or activity on enrolled land or water, or land or water proposed to be enrolled in an agreement, for purposes of providing access pursuant to subdivision (a). (2) Notwithstanding any other law, the landowner shall not be liable for any injury, and does not owe a duty of care, to the department, its contractors, or agents resulting from any act or omission described in subparagraph (A) or (B) of paragraph (1). (3) The provision of access to land pursuant to subdivision (a) shall not be construed as any of the following: (A) An assurance that the land or water is safe. (B) A grant to the person accessing the land or water of a legal status for which the landowner would owe a duty of care. (C) An assumption of responsibility or liability for any injury to a person or property caused by any act of the person to whom access to the land or water is provided. (4) Notwithstanding paragraphs (1) to (3), inclusive, this subdivision shall not be construed to limit a landowner’s liability for an injury under either of the following circumstances: (A) Willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity on the land or water. (B) Express invitation to a person by the landowner to access the land or water, in a manner that is beyond the access required to be provided pursuant to subdivision (a). (e) Nothing in this section creates a duty of care or a ground of liability for injury to person or property. (Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
  30. 2089.22.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    Certain federally approved agreements let an authorized person take listed species without further authorization under this article, if required procedures are followed.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.22. (a) If any of the following agreements have been approved pursuant to applicable provisions of federal law and the federal agreement contains species that are endangered, threatened, candidate, or declining or vulnerable species pursuant to this chapter, no further authorization or approval is necessary under this article for any person authorized by that federal agreement to take the species identified in and in accordance with the federal agreement, if that person and the department follow all of the procedures specified in Section 2080.1, except that the determination of consistency shall be made by the department based only on the issuance criteria contained in this article: (1) A federal safe harbor agreement. (2) A federal candidate conservation agreement with assurances. (3) A federal conservation benefit agreement with an enhancement of survival permit in compliance with Part 17 (commencing with Section 17.1) of Subchapter B of Chapter I of Title 50 of the Code of Federal Regulations. (b) Any authority pursuant to subdivision (a) to take species identified in a federal agreement shall terminate immediately upon the expiration or termination of the federal agreement. (Amended by Stats. 2025, Ch. 67, Sec. 75. (AB 1170) Effective January 1, 2026.)
  31. 2089.23.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    A qualifying landowner is not required to do the safe-harbor management activities for an incidental take permit, if the listed 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.23. (a) A landowner that owns land that abuts a property enrolled in a state safe harbor agreement shall not be required, for purposes of an incidental take permit, to undertake the management activities set forth in the state safe harbor agreement, if all of the following conditions are met: (1) The neighboring landowner allows the department to determine baseline conditions on the property. (2) The neighboring landowner agrees to maintain the baseline conditions for the duration specified in the safe harbor agreement. (3) The department determines that allowing the neighboring landowner to receive an incidental take permit for the abutting property does not undermine the net conservation benefit determination made by the department in the approval of the safe harbor agreement. (4) The take authorized by the department will not jeopardize the continued existence of the species. This determination shall be made in accordance with subdivision (c) of Section 2081. (b) (1) Unless the department determines that it is inappropriate to do so based on the species listed in the permit, or any other factors, the neighboring landowner shall provide the department with at least 60 days’ advance notice of any of the following: (A) Any incidental take that is anticipated to occur under the permit. (B) The neighboring landowner’s plan to return to baseline conditions. (C) Any plan to transfer or alienate the neighboring landowner’s interest in the land or water. (2) (A) If the department receives any notice described in paragraph (1), the neighboring landowner shall provide the department, its contractors, or agents with access to the land or water for purposes of safely removing or salvaging the species. (B) The department shall provide notice to the neighboring landowner at least seven days before accessing the land or water for the purposes of subparagraph (A). The notice shall identify each person selected by the department, its contractors, or agents to access the land or water. (C) Notwithstanding subparagraph (B), during the seven-day notice period, the neighboring landowner may object, in writing, to a person selected to access the land or water. If the neighboring landowner objects, another person shall be selected by the department, its contractors, or agents, and notification shall be provided to the neighboring landowner pursuant to subparagraph (B). However, if the neighboring landowner objects to a selection on two successive occasions, the neighboring landowner shall be deemed to consent to access to the land or water by a person selected by the department, its contractors, or agents. Failure by the neighboring landowner to object to the selection within the seven-day notice period shall be deemed consent to access the land or water by the person selected by the department, its contractors, or agents. (Amended by Stats. 2010, Ch. 328, Sec. 67. (SB 1330) Effective January 1, 2011.)
  32. 2089.24.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    The department must keep an informational list of qualified persons and program administrators connected to approved agreements.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.24. The department, for informational purposes, shall maintain a list of qualified persons who have worked with the department on an approved agreement, and persons, entities, and organizations serving as program administrators for approved agreements. (Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
  33. 2089.25.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    The department may make regulations to carry out this article.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.25. The department may promulgate regulations to implement this article. (Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
  34. 2089.4.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the Safe Harbor Agreement Program and says the department must determine baseline conditions using the best available science. It also allows an approved, non-department qualified person to conduct habitat surveys.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.4. As used in this article, the following definitions apply: (a) “Agreement” means a state safe harbor agreement approved by the department pursuant to this article. “Agreement” includes an agreement with an individual landowner and a programmatic agreement. (b) “Baseline conditions” means the existing estimated population size, the extent and quality of habitat, or both population size and the extent and quality of habitat, for the species on the land to be enrolled in the agreement that sustain seasonal or permanent use by the covered species. Baseline conditions shall be determined by the department, in consultation with the applicant, and shall be based on the best available science and objective scientific methodologies. For purposes of establishing baseline conditions, a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been approved by the department. (c) “Declining or vulnerable species” include candidate species, species proposed for listing as an endangered or threatened species pursuant to this chapter, or species that the department determines may, in the near future, be candidate species or proposed for listing as an endangered or threatened species pursuant to this chapter. (d) “Department” means the Department of Fish and Wildlife, acting through its director or their designee. (e) “Landowner” means any person or nonstate, state, or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of this article. (f) “Management actions” means activities on the enrolled land or water that are reasonably expected by the department to provide a net benefit to the species or their habitat, or both. (g) “Monitoring program” means a program established or approved by the department in accordance with paragraph (6) of subdivision (a) of Section 2089.6. (h) “Net conservation benefit” means the cumulative benefits of the management activities identified in the agreement that provide for an increase in a species’ population or the enhancement, restoration, or maintenance of covered species’ suitable habitats within the enrolled property. Net conservation benefit shall take into account the length of the agreement, any offsetting adverse effects attributable to the incidental taking allowed by the agreement, and other mutually agreed upon factors. Net conservation benefits shall be sufficient to contribute either directly or indirectly to the recovery of the covered species. These benefits include, but are not limited to, reducing fragmentation and increasing the connectivity of habitats, maintaining or increasing populations, enhancing and restoring habitats, and buffering protected areas. (i) “Programmatic agreement” means a state safe harbor agreement issued to a governmental or nongovernmental program administrator. The program administrator for a programmatic agreement shall work with landowners and the department to implement the agreement. The program administrator and the department shall be responsible for ensuring compliance with the terms of the agreement. (j) “Qualified person” means a person with species expertise who has been approved by the department. (k) “Return to baseline” means, at the termination of an agreement, activities undertaken by the landowner to return the species population or extent or quality of habitat to baseline, excluding catastrophic events such as floods, unplanned fires, or earthquakes, and other factors mutually agreed upon before permit issuance and that are beyond the control of the landowner. (Amended by Stats. 2024, Ch. 681, Sec. 3. (AB 1581) Effective January 1, 2025.)
  35. 2089.5.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    The department must, where practicable, prioritize reviewing and approving certain agreements tied to conservation easements, and may rely on the easement to meet Section 2089.8 requirements in some cases.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.5. (a) The department shall, to the maximum extent practicable, prioritize the review of, and decision to approve, an agreement if the property proposed to be enrolled in the agreement is encumbered by a conservation easement that requires a permanent commitment to protect, restore, and maintain habitat conditions, provided that the department finds that practices consistent with the conservation easement can reasonably be expected to provide a net conservation benefit to the species listed in the application. (b) If the property proposed to be enrolled in an agreement is subject to a conservation easement, the department, to the maximum extent practicable, shall rely on the conservation easement to fulfill the requirements of Section 2089.8. (c) This section only applies to agreements where a majority of the property is forestland. (Added by Stats. 2018, Ch. 329, Sec. 17. (SB 473) Effective January 1, 2019.)
  36. 2089.6.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    The department may authorize otherwise prohibited acts through an agreement if several conservation, application, monitoring, funding, and conflict 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.6. (a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section 2000, 2080, or 2085 through an agreement, including a programmatic agreement, if all the following conditions are met: (1) The department receives a complete application containing all of the information described in Section 2089.8. (2) The take is incidental to an otherwise lawful activity. (3) The department finds that the implementation of the agreement is reasonably expected to provide a net conservation benefit to the species listed in the application. This finding shall be based, at a minimum, upon the determination that the agreement is of sufficient duration and has appropriate assurances to realize these benefits. (4) The take authorized by the agreement will not jeopardize the continued existence of the species. This determination shall be made based on the provisions of subdivision (c) of Section 2081. (5) The department finds that the landowner has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized in the agreement, including returning to baseline. (6) The department has established or approved a monitoring program, based upon objective scientific methodologies, to provide information for the department to evaluate the effectiveness and efficiency of the agreement program, including whether the net conservation benefits set forth in the agreement are being achieved and whether the participating landowner is implementing the provisions of the agreement. (7) The department has determined that sufficient funding is ensured, for it or its contractors or agents, to determine baseline conditions on the property, and that there is sufficient funding for the landowner to carry out management actions and for monitoring for the duration of the agreement. (8) Implementation of the agreement will not be in conflict with any existing department-approved conservation or recovery programs for the species covered by the agreement. (b) If the species covered by an agreement is a declining or vulnerable species, and the species is subsequently listed as an endangered, threatened, or candidate species pursuant to this chapter, no further authorization or approval shall be required for take of the species in accordance with the agreement, regardless of the species’ change in status. (Amended by Stats. 2018, Ch. 329, Sec. 18. (SB 473) Effective January 1, 2019.)
  37. 2089.7.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    The department may authorize taking Owens pupfish in the Owens River watershed if the take is authorized under an agreement under this article.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.7. The department may authorize the taking of the Owens pupfish in the Owens River watershed if the take is authorized under an agreement pursuant to this article. (Added by Stats. 2016, Ch. 515, Sec. 1. (AB 2001) Effective January 1, 2017.)
  38. 2089.8.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    A landowner applying under this section must submit specified maps, species information, land and water use descriptions, proposed duration, management actions, monitoring details, and any other information the department reasonably requires.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.8. The landowner shall submit all of the following: (a) A detailed map depicting the land proposed to be enrolled in the agreement. (b) The common and scientific names of the species for which the landowner requests incidental take authorization. (c) A detailed description of the landowner’s current land and water use and management practices that affect the covered species, and the habitat of the covered species, for which the landowner requests incidental take authorization. (d) A detailed description of the landowner’s future land and water use and management practices that may affect the covered species, and the habitat of the covered species, for which the landowner requests incidental take authorization. This description shall be used only for informational and planning purposes. (e) The proposed duration of the agreement that is sufficient to provide a net conservation benefit to the species covered in the permit and an explanation of the basis for this conclusion. (f) A detailed description of the proposed management actions and the timeframe for implementing them. (g) A description of the possible incidental take that may be caused by the management actions and of the anticipated species populations and habitat changes over the duration of the permit. (h) A detailed description of the proposed monitoring program. (i) Any other information that the department may reasonably require in order to evaluate the application. (Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
  39. 2089.9.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. )

    Verify source ↗

    The department must keep proprietary information confidential, but may disclose it in limited listed situations.

    ## 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 3.7. California State Safe Harbor Agreement Program Act [2089.2 - 2089.25] ( Article 3.7 added by Stats. 2009, Ch. 184, Sec. 1. ) ## 2089.9. (a) As used in this section, “proprietary information” means information that is all of the following: (1) Related to an agricultural operation or land that is a part of an agricultural operation. (2) A trade secret, or commercial or financial information, that is privileged or confidential, and is identified as such by the person providing the information to the department. (3) Not required to be disclosed under any other provision of law or any regulation affecting the land or the agricultural operation on the land. (b) Proprietary information received by the department pursuant to Section 2089.8 is not public information, and the department shall not release or disclose the proprietary information to any person, including any federal, state, or local governmental agency, outside of the department. (c) Notwithstanding subdivision (b), the department may release or disclose proprietary information received pursuant to Section 2089.8 to the following entities under the following circumstances: (1) Any person or federal, state, or local governmental agency, to enforce this article. (2) Any person or federal, state, or local governmental agency working in cooperation with the department to provide technical or financial assistance for the purposes of implementing the program established by this article. (3) Any entity, to the extent that the owner, operator, or producer has consented to the release or disclosure. (4) The general public, if the information has been transformed into a statistical or aggregate form without identifying any individual owner, operator, or producer, or the specific location from which the information was gathered. (Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
  40. 2116.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines “wild animal” for this chapter.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2116. As used in this chapter, “wild animal” means any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class Osteichtyes (bony fishes), class Monorhina (lampreys), class Reptilia (reptiles), class Crustacea (crayfish), or class Gastropoda (slugs, snails) which is not normally domesticated in this state as determined by the commission. (Amended by Stats. 1974, Ch. 1503.)
  41. 2116.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The Legislature states that importation, transportation, and possession of wild animals are to be regulated to protect wild animals, wildlife populations, native wildlife, agricultural interests, and public health and safety.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2116.5. The Legislature finds and declares that wild animals are being captured for importation and resale in California; that some populations of wild animals are being depleted; that many animals die in captivity or transit; that some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals; that some wild animals are a threat to the native wildlife or agricultural interests of this state; and that some wild animals are a threat to public health and safety. It is the intention of the Legislature that the importation, transportation, and possession of wild animals shall be regulated to protect the health and welfare of wild animals captured, imported, transported, or possessed, to reduce the depletion of wildlife populations, to protect the native wildlife and agricultural interests of this state against damage from the existence at large of certain wild animals, and to protect the public health and safety in this state. (Added by Stats. 1974, Ch. 1503.)
  42. 2117.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines “enforcing officers” and gives them authority to enforce this chapter and related regulations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2117. As used in this chapter, “enforcing officers” means the department, the state plant quarantine officers, the local law enforcement agents, the county sheriffs, and the county agricultural commissioners. These enforcing officers are authorized and empowered to enforce the provisions of this chapter or any regulation implementing this chapter. (Amended by Stats. 2005, Ch. 698, Sec. 2. Effective January 1, 2006.)
  43. 2118.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section makes it unlawful to import, transport, possess, or release into California the listed wild animals unless a revocable, nontransferable permit is issued under this chapter and related regulations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2118. It is unlawful to import, transport, possess, or release alive into this state, except under a revocable, nontransferable permit as provided in this chapter and the regulations pertaining thereto, any wild animal of the following species: (a) Class Aves: (birds) Family Cuculidae (cuckoos) All Species. Family Alaudidae (larks) Skylark, Alauda arvensis Family Corvidae (crows, jays, magpies) All species. Family Turdidae (thrushes) European blackbird, Turdus merula Missel (or mistle), thrush, Turdus viscivorus Family Sturnidae (starlings and mynas or mynahs) All species of the family, except hill myna (or hill mynah), Gracula religiosa (sometimes referred to as Eulabes religiosa) Family Ploceidae (weavers) The following species: Spanish sparrow, Passer hispaniolensis Italian sparrow, Passer italiae European tree sparrow, Passer montanus Cape sparrow, Passer capensis Madagascar weaver, Foudia madagascariensis Baya weaver, Ploceus baya Hawaiian rice bird, Munia nisoria Red-billed quelea, Quelea quelea Red-headed quelea, Quelea erythrops Family Fringillidae (sparrows, finches, buntings) Yellowhammer, Emberiza citrinella (b) Class Mammalia (mammals) Order Primates All species except those in family Hominidae Order Edentata (sloths, anteaters, armadillos, etc.) All species. Order Marsupialia (marsupials or pouched mammals) All species. Order Insectivora (shrews, moles, hedgehogs, etc.) All species. Order Dermoptera (gliding lemurs) All species. Order Chiroptera (bats) All species. Order Monotremata (spiny anteaters, platypuses) All species. Order Pholidota (pangolins, scaly anteaters) All species. Order Lagomorpha (pikas, rabbits, hares) All species, except domesticated races of rabbits. Order Rodentia (rodents) All species, except domesticated golden hamsters, also known as Syrian hamster, Mesocricetus auratus; domesticated races of rats or mice (white or albino; trained, dancing or spinning, laboratory-reared); and domestic strains of guinea pig (Cavia porcellus). Order Carnivora (carnivores) All species, except domestic dogs (Canis familiaris) and domestic cats (Felis catus). Order Tubulidentata (aardvarks) All species. Order Proboscidea (elephants) All species. Order Hyracoidea (hyraxes) All species. Order Sirenia (dugongs, manatees) All species. Order Perissodactyla (horses, zebras, tapirs, rhinoceroses, etc.) All species except those of the family Equidae. Order Artiodactyla (swine, peccaries, camels, deer, elk, except elk (genus Cervus) which are subject to Section 2118.2, moose, antelopes, cattle, goats, sheep, etc.) All species except: domestic swine of the family Suidae; American bison, and domestic cattle, sheep and goats of the family Bovidae; races of big-horned sheep (Ovis canadensis) now or formerly indigenous to this state. Mammals of the orders Primates, Edentata, Dermoptera, Monotremata, Pholidota, Tubulidentata, Proboscidea, Perissodactyla, Hyracoidea, Sirenia and Carnivora are restricted for the welfare of the animals, except animals of the families Viverridae and Mustelidae in the order Carnivora are restricted because such animals are undesirable and a menace to native wildlife, the agricultural interests of the state, or to the public health or safety. (c) Class amphibia (frogs, toads, salamanders) Family Bufonidae (toads) Giant toad or marine toad, Bufo marinus (d) Class Monorhina (lampreys) All species. (e) Class Osteichthyes (bony fishes) Family Serranidae (bass) White perch, Morone or Roccus americana Family Clupeidae (herring) Gizzard shad, Dorosoma cepedianum Family Sciaenidae (croakers) Freshwater sheepshead, Aplodinotus grunniens Family Characidae (characins) Banded tetra, Astyanax fasciatus All species of piranhas Family Lepisosteidae (gars) All species. Family Amiidae (bowfins) All species. (f) Class Reptilia (snakes, lizards, turtles, alligators) Family Crocodilidae All species. (g) Class Crustacea (crustaceans) Genus Cambarus (crayfishes) All species. Genus Astacus (crayfishes) All species. Genus Astacopsis (crayfishes) All species. (h) Class Gastropoda (slugs, snails, clams) All species of slugs. All species of land snails. (i)Other classes, orders, families, genera, and species of wild animals which may be designated by the commission in cooperation with the Department of Food and Agriculture, (1) when the class, order, family, genus, or species is proven to be undesirable and a menace to native wildlife or the agricultural interests of the state, or (2) to provide for the welfare of wild animals. (j)Except as expressly authorized in this code, any live nonindigenous Atlantic salmon or the roe thereof into the Smith River watershed. (k)Classes, families, genera, and species in addition to those listed in this section may be added to or deleted from the above lists from time to time by commission regulations in cooperation with the Department of Food and Agriculture. (Amended by Stats. 2003, Ch. 62, Sec. 97. Effective January 1, 2004.)
  44. 2118.2.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Importing elk into the state is unlawful unless Section 1007 applies; the department may import elk only after issuing written findings, and USDA-certified zoos are exempt.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2118.2. Except as provided in Section 1007, it is unlawful to import any elk (genus Cervus) into this state. The department may import elk pursuant to Section 1007, if prior to such importation, the department issues written findings justifying the need for and explaining the purpose of the importation. This section shall not apply to zoos certified by the United States Department of Agriculture. (Added by Stats. 1979, Ch. 1074.)
  45. 2118.3.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    No part of any elk horn or antler may be removed from a live elk for commercial purposes.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2118.3. No part of any elk horn or antler shall be removed from any live elk for commercial purposes. (Added by Stats. 1979, Ch. 1074.)
  46. 2118.4.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must seize any elk imported in violation of Section 2118.2.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2118.4. The department shall seize any elk imported in violation of Section 2118.2. (Added by Stats. 1979, Ch. 1074.)
  47. 2118.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may designate certain wild animals that can be possessed without a permit.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2118.5. The commission may designate wild animals which may be possessed without a permit. (Added by Stats. 1970, Ch. 1510.)
  48. 2119.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must publish and update a list of animals that may not be imported or transported into the state.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2119. The department shall publish from time to time as changes arise, a list of animals that may not be imported or transported into this state. (Amended by Stats. 2015, Ch. 154, Sec. 51. (AB 1527) Effective January 1, 2016.)
  49. 2120.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission must adopt regulations for restricted wild animals and related permit, inspection, complaint, escape, and enforcement procedures.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2120. (a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the safety of the public. (b) The regulations shall also include criteria for all of the following: (1) The receiving, processing, and issuing of a permit and conducting inspections. (2) Contracting out inspection activities. (3) Responding to public reports and complaints. (4) The notification of the revocation, termination, or denial of permits, and related appeals. (5) The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced. (6) How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal. (c) These regulations shall be developed and adopted by the commission on or before January 1, 2007. (Amended by Stats. 2007, Ch. 285, Sec. 30. Effective January 1, 2008.)
  50. 2121.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person who has possession or control of a wild animal covered by this chapter must not intentionally free it, let it escape, or release it unless doing so follows the commission’s regulations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2121. No person having possession or control over any wild animal under this chapter shall intentionally free, or knowingly permit the escape, or release of such an animal, except in accordance with the regulations of the commission. (Amended by Stats. 2007, Ch. 285, Sec. 31. Effective January 1, 2008.)
  51. 2122.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission must issue regulations, working with the State Department of Food and Agriculture, to guide enforcing officers.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2122. The commission shall promulgate regulations in cooperation with the State Department of Food and Agriculture for the guidance of enforcing officers. Such regulations shall include a list of the wild animals for which permits that may be issued under this chapter will be refused, and the disposition of such wild animals illegally imported into this state. (Amended by Stats. 1974, Ch. 1503.)
  52. 2123.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department, working with the State Department of Food and Agriculture, must provide descriptive and explanatory material about the listed or designated wild animals for enforcing officers.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2123. The department in cooperation with the State Department of Food and Agriculture shall furnish descriptive and illustrative material concerning the wild animals enumerated in or designated pursuant to Section 2118, as well as explanatory material setting forth the reasons for designating such animals as undesirable and a menace to native wildlife or to the agricultural interests of this state for the information and guidance of the enforcing officers. (Amended by Stats. 1974, Ch. 1503.)
  53. 2124.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section generally forbids handling certain live mammals for harming or killing them for gain, amusement, or sport, and also bars a buyer from reselling such a mammal to someone who intends that harm, unless another code provision or regulation authorizes it.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2124. (a) Except as otherwise authorized by this code or regulations adopted pursuant to this code, including, but not limited to, those provisions that authorize raising deer to produce venison for market, it is unlawful for any person to possess, transport, import, export, propagate, purchase, sell, or transfer any live mammal enumerated in or designated pursuant to Section 2118 for the purposes of maiming, injuring, or killing the mammal for gain, amusement, or sport. (b) Except as otherwise authorized by this code or regulations adopted pursuant to this code, the buyer of a live mammal enumerated in or designated pursuant to Section 2118 shall not resell the live mammal to another buyer who has the intent to maim, injure, or kill that mammal for purposes of gain, amusement, or sport. (c) This section does not apply to the meat, hide, or parts of a dead mammal. (Amended by Stats. 2023, Ch. 132, Sec. 43. (AB 1760) Effective January 1, 2024.)
  54. 2125.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Violating this chapter or its regulations can trigger a civil penalty and may also be a misdemeanor. The Attorney General or certain local prosecutors may sue to recover penalties and animal-holding costs, and a person claiming a confiscated animal must pay care costs under stated conditions.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2125. (a) In addition to any other penalty provided by law, any person who violates this chapter or any regulations implementing this chapter, is subject to a civil penalty of not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000) for each violation. Except as otherwise provided, any violation of this chapter or of any regulations implementing this chapter is a misdemeanor punishable by imprisonment in a county jail for not more than six months, or by a fine of not more than one thousand dollars ($1,000). (b) 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 this article occurs, may bring a civil action to recover the civil penalty in subdivision (a) and the costs of seizing and holding the animal enumerated in or designated pursuant to Section 2118, except to the extent that those costs have already been collected as provided by subdivision (d). 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. (c) In an action brought under this section, in addition to the penalty specified in subdivision (a), 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. (d) (1) If an animal is confiscated because the animal was kept in contravention of this chapter or any implementing regulations, the person claiming the animal shall pay to the department or the new custodian of the animal an amount sufficient to cover all reasonable expenses expected to be incurred in caring for and providing for the animal for at least 30 days, including, but not limited to, the estimated cost of food, medical care, and housing. (2) If the person claiming the animal fails to comply with the terms of their permit and to regain possession of the animal by the expiration of the first 30-day period, the department may euthanize the animal or place the animal with an appropriate wild animal facility at the end of the 30 days, unless the person claiming the animal pays all reasonable costs of caring for the animal for a second 30-day period before the expiration of the first 30-day period. If the permittee is still not in compliance with the terms of the permit at the end of the second 30-day period, the department may euthanize the animal or place the animal in an appropriate wild animal facility. (3) The amount of the payments described in paragraphs (1) and (2) shall be determined by the department, and shall be based on the current reasonable costs to feed, provide medical care for, and house the animal. If the person claiming the animal complies with the terms of their permit and regains possession of the animal, any unused portion of the payments required pursuant to paragraphs (1) and (2) shall be returned to the person claiming the animal no later than 90 days after the date on which the person regains possession of the animal. (Amended by Stats. 2023, Ch. 132, Sec. 44. (AB 1760) Effective January 1, 2024.)
  55. 2126.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Except where authorized by this code or related regulations, a person must not take any mammal listed or designated under Section 2118.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2126. (a) Except as otherwise authorized by this code or regulations made pursuant thereto, it is unlawful for any person to take any mammal enumerated in or designated pursuant to Section 2118. (b) This section does not prohibit the euthanasia of a mammal as appropriately directed by a licensed veterinarian or animal health technician. (Amended by Stats. 2023, Ch. 132, Sec. 45. (AB 1760) Effective January 1, 2024.)
  56. 2127.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may reimburse eligible local entities and enter memorandums of understanding with them, and the commission must adopt regulations defining the criteria for those entities.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2127. (a) The department may reimburse eligible local entities, pursuant to a memorandum of understanding entered into pursuant to this section, for costs incurred by the eligible local entities in the administration and enforcement of any provision concerning the possession of, handling of, care for, or holding facilities provided for, a wild animal enumerated in or designated pursuant to Section 2118. (b) The department may enter into memorandums of understanding with eligible local entities for the administration and enforcement of any provision concerning the possession of, handling of, care for, or holding facilities provided for, a wild animal enumerated in or designated pursuant to Section 2118. (c) The commission shall adopt regulations that establish specific criteria an eligible local entity shall meet in order to qualify as an eligible local entity. (d) For the purposes of this division, “eligible local entity” means a county, local animal control officer, local humane society official, educational institution, or trained private individual that enters into a memorandum of understanding with the department pursuant to this section. (Amended by Stats. 2023, Ch. 132, Sec. 46. (AB 1760) Effective January 1, 2024.)
  57. 2128.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    People who have an elephant may not use or let others use pain-inflicting tools to train or control it.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 1. Generally [2116 - 2128] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2128. (a) (1) Any person who houses, possesses, manages, or is in direct contact with an elephant shall not do either of the following: (A) Use a bullhook, ankus, baseball bat, axe handle, pitchfork, or other device designed to inflict pain for the purpose of training or controlling the behavior of an elephant. (B) Authorize or allow an employee, agent, or contractor to use a bullhook, ankus, baseball bat, axe handle, pitchfork, or other device designed to inflict pain for the purpose of training or controlling the behavior of an elephant. (2) Use prohibited by this subdivision includes brandishing, exhibiting, or displaying the devices in the presence of an elephant. (b) Any person who violates this section is subject to the civil penalty set forth in Section 2125 for each violation, and the restricted species permit for the elephant is subject to immediate suspension or revocation by the department. A person whose restricted species permit is suspended or revoked pursuant to this section may appeal the suspension or revocation to the commission by filing a written request for an appeal with the commission within 30 days of the suspension or revocation. A person who violates this section is not subject to the criminal penalties set forth in this code. (c) The provisions of this section are in addition to, and not in lieu of, any other laws protecting animal welfare. This section shall not be construed to limit any state law or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations. (d) This section shall become operative on January 1, 2018. (Added by Stats. 2016, Ch. 234, Sec. 1. (SB 1062) Effective January 1, 2017. Section operative January 1, 2018, by its own provisions.)
  58. 2185.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    People handling certain live wild animals must keep them confined for inspection and immediately tell the nearest enforcing officer when they arrive.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 2185. (a) Any person who transports, receives, or imports into the state, or transports within the state, any live wild animal enumerated in or designated pursuant to Section 2118, shall hold that animal in confinement for inspection and immediately notify the nearest enforcing officer of the animal’s arrival. If there is found in any shipment any species not specified in the permit issued under this chapter, or more than the number of any species specified, those animals shall be refused admittance as provided in Section 2189. (b) Notwithstanding Section 2117, for the purposes of this section, “enforcing officer” means the enforcement personnel of the department, the state plant quarantine officers, and county agricultural commissioners. (Amended by Stats. 2023, Ch. 132, Sec. 48. (AB 1760) Effective January 1, 2024.)
  59. 2186.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If a wild animal is found diseased, or disease is reasonably suspected on arrival inspection, the enforcing officer must destroy the animal and, if needed, the whole shipment unless quarantine or return to origin can avoid detriment.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 2186. (a) If during inspection upon arrival any wild animal is found to be diseased, or there is reason to suspect the presence of disease, or there is reason to suspect the presence of disease that is or may be detrimental to agriculture, to native wildlife, or to the public health or safety, the diseased animal, and if necessary, the entire shipment shall be destroyed by, or under the supervision of, the enforcing officer, unless no detriment can be caused by its detention in quarantine for a time and under conditions satisfactory to the enforcing officer for disinfection, treatment, or diagnosis, or no detriment can be caused by its return to its point of origin at the option and expense of the owner or possessor. (b) Notwithstanding Section 2117, for the purposes of this section, “enforcing officer” means the enforcement personnel of the department, the state plant quarantine officers, and county agricultural commissioners. (Amended by Stats. 2007, Ch. 285, Sec. 36. Effective January 1, 2008.)
  60. 2187.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Enforcing officers may inspect permit conditions for imported wild animals, report problems to the department, order transfer or correction if the permit is not being followed, and order destruction if the animal is not transferred or conditions are not improved.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 2187. (a) Whenever any wild animal is brought into this state under permit, as provided in this chapter, the enforcing officers may, from time to time, examine the conditions under which that species is kept, and report to the department any suspicion or knowledge of any disease or violations of the conditions of the permit or of the regulations promulgated under this chapter. The enforcing officer may order the transfer of the animal to new owners or the correction of the conditions under which the species is being kept if not in conformance with the terms of the permit, at the expense of the owner or possessor. If neither transfer or improvement of conditions is accomplished, the officer may order destruction of the animal. (b) Notwithstanding Section 2117, for the purposes of this section, “enforcing officer” means the enforcement personnel of the department, the state plant quarantine officers, and county agricultural commissioners. (Amended by Stats. 2007, Ch. 285, Sec. 37. Effective January 1, 2008.)
  61. 2189.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section generally prohibits importing live nonnative wild animals into the state unless allowed by this chapter or related regulations, and it sets rules for disposing of or holding animals found in violation.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 2189. (a) As used in this section “nonnative wild animal” means any nonnative animal species, or hybrid thereof, that is not normally domesticated pursuant to this code or regulations adopted pursuant thereto and that is not designated as a furbearing, game, nongame, threatened, or endangered animal. (b) No person shall import into this state any live nonnative wild animal except pursuant to this chapter or regulations adopted pursuant thereto. (c) Any live nonnative wild animal that is possessed or transported within this state in violation of this chapter or regulations adopted pursuant thereto shall be disposed of in accordance with regulations adopted pursuant to Section 2122, at the expense of the owner or possessor. The owner or possessor shall pay the costs associated with the seizure, care, holding, transfer, and destruction of the animal. (d) Any live, nonnative wild animal found at large within this state shall be either summarily destroyed or, if captured, shall be confined for not less than 72 hours following notification of the local humane society. Any local, state, or federal governmental agency that has public safety responsibilities is authorized to implement this subdivision. (e) If, during the 72-hour holding period, any person claims ownership of the animal, that person shall only be allowed to dispose of the animal pursuant to subdivision (c). (f) After the 72-hour holding period, if the animal is unclaimed, it shall be disposed of in accordance with regulations adopted pursuant to Section 2122 unless the animal is listed as a threatened or endangered species by either state or federal regulation. Notwithstanding subdivision (c), if the animal is listed as a threatened or endangered species in either regulation, the department shall be notified of the animal’s location and the department shall be responsible for proper disposition. (Amended by Stats. 2007, Ch. 285, Sec. 38. Effective January 1, 2008.)
  62. 219.

    ## 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. )

    Verify source ↗

    Regulations adopted under this article may override numbered code sections only as specifically stated, and only when the listed conditions are met.

    ## 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. ) ## 219. Any regulation adopted pursuant to this article may supersede any section of this code designated by number in the regulation, but shall do so only to the extent specifically provided in the regulation. A regulation which is adopted pursuant to this section shall be valid only to the extent that it makes additions, deletions, or changes to this code under one of the following circumstances: (a) The regulation is necessary for the protection of fish, wildlife, and other natural resources under the jurisdiction of the commission. (b) The commission determines that an emergency exists or will exist unless the action is taken. An emergency exists if there is an immediate threat to the public health, safety, and welfare, or to the population or habitat of any species. A regulation which is adopted pursuant to this section shall be supported by written findings adopted by the commission at the time of the adoption of the regulation setting forth the basis for the regulation. A regulation adopted pursuant to this section shall remain in effect for not more than 12 months from its effective date. (Amended by Stats. 1991, Ch. 709, Sec. 1.)
  63. 2190.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person keeping certain wild animals in confinement may not liberate, ship, or transport them unless doing so complies with permit conditions first obtained from the department.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 2190. It is unlawful for any person who keeps in confinement, with or without a permit, any wild animal of a species enumerated in or designated pursuant to Section 2118, to liberate, ship, or transport the animal except in accordance with the conditions of a permit first obtained from the department. (Added by renumbering Section 2189 by Stats. 1961, Ch. 617.)
  64. 2192.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Commission regulations on live wild animal caging standards are not treated as building standards needing approval from the State Building Standards Commission.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 2192. Notwithstanding Part 2.5 (commencing with Section 18900) of Division 13 of the Health and Safety Code, Section 11356 of the Government Code, or any other provision of law, regulations of the commission relating to the construction, fixtures, and other minimum caging standards adopted by the commission for the confinement of live wild animals pursuant to this chapter are not building standards subject to the approval of the State Building Standards Commission. (Amended by Stats. 2007, Ch. 285, Sec. 39. Effective January 1, 2008.)
  65. 2193.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Permit holders must immediately report any wild animal escape or release by telephone, and the commission must adopt reporting regulations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 2193. (a) Every person who holds a permit issued pursuant to Section 2150 shall immediately report by telephone the intentional or unintentional escape or release of the wild animal, to the department and the nearest enforcing officer of the city or county in which the wild animal was released or escaped. The permitholder shall be liable for all expenses associated with efforts to recapture the wild animal. For the purposes of this subdivision, the exhibition of a wild animal on a movie set, film set, television set, still photography set, or any other professional activity allowable under a permit issued pursuant to Section 2150, does not constitute an intentional or unintentional escape or release of the wild animal unless the person exhibiting the wild animal has lost control of the wild animal. (b) The commission shall promulgate regulations establishing the criteria for permitholders to notify the department prior to taking possession of or transferring an animal and upon the death of an animal. (c) These regulations shall be developed and adopted by the commission on or before January 1, 2007. (Added by Stats. 2005, Ch. 698, Sec. 12. Effective January 1, 2006.)
  66. 2195.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A new custodian may sue to recover certain relocation, caging, and health-restoration costs for a confiscated wild animal, and the prior owner or possessor is liable only if their acts or omissions caused the confiscation conditions.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 3. Regulation and Enforcement [2185 - 2195] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 2195. When a wild animal enumerated in, or designated pursuant to, Section 671 of Title 14 of the California Code of Regulations is properly confiscated by the department, the new custodian with whom the animal is placed by the department may bring a civil action to recover the reasonable costs incurred by the custodian for any necessary relocation of the animal to a new facility, any actual and necessary costs to construct new caging to house the animal, and any actual and necessary costs to return the animal to a healthy state, to the extent that the department or new custodian has not already collected the costs pursuant to paragraphs (1) and (2) of subdivision (d) of Section 2125. The prior owner or possessor from whom the animal was confiscated shall be liable for these costs only if the conditions that led to the animal’s confiscation were the result of acts or omissions of the prior owner or possessor. (Added by Stats. 2005, Ch. 698, Sec. 13. Effective January 1, 2006.)
  67. 22.

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

    Verify source ↗

    This section defines “bird” as a wild bird or part of a wild bird.

    ## 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. ) ## 22. “Bird” means a wild bird or part of a wild bird. (Amended by Stats. 2015, Ch. 154, Sec. 2. (AB 1527) Effective January 1, 2016.)
  68. 2200.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 4. Mammals Used for Hire [2200 - 2203] ( Article 4 added by Stats. 1987, Ch. 1231, Sec. 2. )

    Verify source ↗

    For this article, “mammal” is defined as a wild animal of the class Mammalia that affects commerce.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 4. Mammals Used for Hire [2200 - 2203] ( Article 4 added by Stats. 1987, Ch. 1231, Sec. 2. ) ## 2200. For purposes of this article, “mammal” means any wild animal of the class Mammalia as specified in Article 1 (commencing with Section 2116) or regulations adopted pursuant thereto which affects commerce. (Added by Stats. 1987, Ch. 1231, Sec. 2.)
  69. 2201.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 4. Mammals Used for Hire [2200 - 2203] ( Article 4 added by Stats. 1987, Ch. 1231, Sec. 2. )

    Verify source ↗

    The Animal Trust Fund is established in the State Treasury, and the department may use up to 5% of the fund for administering this article.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 4. Mammals Used for Hire [2200 - 2203] ( Article 4 added by Stats. 1987, Ch. 1231, Sec. 2. ) ## 2201. The Animal Trust Fund is hereby established in the State Treasury. Upon appropriation by the Legislature, the money in the fund is available to the department for the administration of this article and to make grants pursuant to Section 2203. The department may use not more than 5 percent of the money in the fund for the costs of administering this article. (Added by Stats. 1987, Ch. 1231, Sec. 2.)
  70. 2202.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 4. Mammals Used for Hire [2200 - 2203] ( Article 4 added by Stats. 1987, Ch. 1231, Sec. 2. )

    Verify source ↗

    The department may seek grants and accept donations from public or private organizations and agencies for this article, to be deposited in the Animal Trust Fund.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 4. Mammals Used for Hire [2200 - 2203] ( Article 4 added by Stats. 1987, Ch. 1231, Sec. 2. ) ## 2202. The department may seek grants and accept donations from private and public organizations and agencies for the purposes of this article for deposit in the Animal Trust Fund. (Added by Stats. 1987, Ch. 1231, Sec. 2.)
  71. 2203.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 4. Mammals Used for Hire [2200 - 2203] ( Article 4 added by Stats. 1987, Ch. 1231, Sec. 2. )

    Verify source ↗

    The director must adopt regulations for a grant program for facilities that care and shelter mammals, and the program must include emergency grants with expedited review.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 4. Mammals Used for Hire [2200 - 2203] ( Article 4 added by Stats. 1987, Ch. 1231, Sec. 2. ) ## 2203. (a) The director, with the advice of the committee established pursuant to Section 2150.3, shall adopt regulations to establish and administer a grant program, including eligibility criteria, by which persons or governmental agencies who operate facilities to care and shelter mammals may apply for grants for maintenance, operations, and capital improvements. The program shall include provisions for emergency grants with an expedited review process. (b) Each member of the committee who is eligible to receive per diem and mileage shall be allowed per diem and mileage in accordance with the rules of the Department of Human Resources for attending any meeting of the committee involving this article. (Amended by Stats. 2012, Ch. 665, Sec. 14. (SB 1308) Effective January 1, 2013.)
  72. 2207.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 5. Circus Cruelty Prevention Act [2207 - 2210] ( Article 5 added by Stats. 2019, Ch. 768, Sec. 1. )

    Verify source ↗

    This article is known as the Circus Cruelty Prevention Act and may be cited by that name.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 5. Circus Cruelty Prevention Act [2207 - 2210] ( Article 5 added by Stats. 2019, Ch. 768, Sec. 1. ) ## 2207. This article shall be known, and may be cited, as the Circus Cruelty Prevention Act. (Added by Stats. 2019, Ch. 768, Sec. 1. (SB 313) Effective January 1, 2020.)
  73. 2208.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 5. Circus Cruelty Prevention Act [2207 - 2210] ( Article 5 added by Stats. 2019, Ch. 768, Sec. 1. )

    Verify source ↗

    This section defines “circus” for this article as a live-audience performance whose main attraction or business is a variety of acts.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 5. Circus Cruelty Prevention Act [2207 - 2210] ( Article 5 added by Stats. 2019, Ch. 768, Sec. 1. ) ## 2208. (a) For purposes of this article, except as provided in subdivision (b), the term “circus” means a performance before a live audience in which entertainment consisting of a variety of acts, such as acrobats, aerialists, clowns, jugglers, or stunts, is the primary attraction or principal business. (b) The term “circus” does not include a rodeo, as defined in Section 596.7 of the Penal Code. (Added by Stats. 2019, Ch. 768, Sec. 1. (SB 313) Effective January 1, 2020.)
  74. 2209.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 5. Circus Cruelty Prevention Act [2207 - 2210] ( Article 5 added by Stats. 2019, Ch. 768, Sec. 1. )

    Verify source ↗

    A person may not sponsor, conduct, operate, exhibit, or use a circus in this state if it uses animals other than domestic dogs, domestic cats, or domesticated horses.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 5. Circus Cruelty Prevention Act [2207 - 2210] ( Article 5 added by Stats. 2019, Ch. 768, Sec. 1. ) ## 2209. (a) Notwithstanding any other law, a person shall not sponsor, conduct, or operate a circus in this state that uses any animal other than a domestic dog, domestic cat, or domesticated horse. (b) Notwithstanding any other law, a person shall not exhibit or use any animal other than a domestic dog, domestic cat, or domesticated horse in a circus in this state. (Added by Stats. 2019, Ch. 768, Sec. 1. (SB 313) Effective January 1, 2020.)
  75. 2210.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 5. Circus Cruelty Prevention Act [2207 - 2210] ( Article 5 added by Stats. 2019, Ch. 768, Sec. 1. )

    Verify source ↗

    A person who violates this article or related rules may face a civil penalty of up to $25,000 per day, and several public prosecutors may bring an action.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals [2116 - 2210] ( Heading of Chapter 2 amended by Stats. 1987, Ch. 1231, Sec. 1. ) ## ARTICLE 5. Circus Cruelty Prevention Act [2207 - 2210] ( Article 5 added by Stats. 2019, Ch. 768, Sec. 1. ) ## 2210. (a) In addition to any other penalty provided by law, a person who violates this article, or any rule or regulation adopted pursuant to this article, shall be liable for a civil penalty of no more than twenty-five thousand dollars ($25,000) for each day the person is in violation. (b) An action against a person who violates this article, or any rule or regulation adopted pursuant to this article, may be brought by the Attorney General, the department, the Department of Food and Agriculture, a district attorney, a city attorney, or a city prosecutor in a city or city and county that has a full-time city prosecutor. (c) Civil penalties collected pursuant to this section shall be deposited according to the following: (1) (A) Subject to subparagraph (B), moneys collected by the Attorney General shall be deposited in the General Fund. (B) If the department, as the investigating agency, refers the matter to the Attorney General for prosecution, 50 percent of the moneys collected shall be deposited in the Fish and Game Preservation Fund and 50 percent shall be deposited in the General Fund. (2) Moneys collected by the department shall be deposited in the Fish and Game Preservation Fund. The moneys collected pursuant to this section shall be allocated, upon appropriation by the Legislature, to the department for law enforcement purposes. (3) Moneys collected by the Department of Food and Agriculture shall be deposited in the Circus Cruelty Prevention Account, which is hereby created in the Department of Food and Agriculture Fund, created pursuant to Section 221 of the Food and Agricultural Code. Moneys in the Circus Cruelty Prevention Account shall be available, upon appropriation by the Legislature, to the Department of Food and Agriculture for the purposes of enforcing this article. (4) (A) Subject to subparagraph (B), moneys collected by a district attorney, a city attorney, or a city prosecutor in a city or city and county that has a full-time city prosecutor shall be deposited in that city’s, county’s, or city and county’s general fund. (B) If the department, as the investigating agency, refers the matter to the office of a prosecutor described in subparagraph (A), 50 percent of the moneys collected shall be deposited in the Fish and Game Preservation Fund and 50 percent shall be deposited in the city’s, county’s, or city and county’s general fund. (Amended by Stats. 2020, Ch. 370, Sec. 118. (SB 1371) Effective January 1, 2021.)
  76. 2225.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 1. Birds [2225- 2225.] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A common carrier may not transport live protected nongame birds or live resident or migratory game birds when there is no open season, except as otherwise provided.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 1. Birds [2225- 2225.] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 2225. Except as otherwise provided, it is unlawful for any common carrier to transport any live protected nongame bird or any live resident or migratory game bird for which there is no open season. (Amended by Stats. 1957, Ch. 1972.)
  77. 2250.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 2. Mammals [2250- 2250.] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Live muskrats generally may not be imported into, transported in, or possessed in California unless a permit or other law allows it.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 2. Mammals [2250- 2250.] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 2250. It is unlawful to import or transport any live muskrat (genus Ondatra) into, or possess any live muskrat in, California except under permit issued by the department pursuant to Section 2118, or as otherwise provided by law. A county agricultural commissioner, fish and game deputy, or state plant quarantine officer may enter upon lands or waters west of the crest of the Cascade-Sierra Nevada mountain system, and west and south of the Tehachapi, Liebre, San Gabriel, San Bernardino, San Jacinto, Cuyamaca, and connected mountains south to the international boundary, or in any watershed tributary to, or draining into, the Pacific Ocean to remove or destroy the muskrats. (Amended by Stats. 2011, Ch. 296, Sec. 101. (AB 1023) Effective January 1, 2012.)
  78. 2270.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 3. Aquatic Plants and Animals [2270 - 2272] ( Heading of Article 3 amended by Stats. 1984, Ch. 85, Sec. 2. )

    Verify source ↗

    A person must not bring certain live fish, reptiles, amphibians, or aquatic plants into the state for propagation if they come from a place where infected, diseased, or parasitized species are known to exist.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 3. Aquatic Plants and Animals [2270 - 2272] ( Heading of Article 3 amended by Stats. 1984, Ch. 85, Sec. 2. ) ## 2270. It is unlawful for any person to receive, bring, or cause to be brought into this state, for the purpose of propagation, any fish, reptile, amphibian, or aquatic plant from any place wherein any infected, diseased, or parasitized fish, reptile, amphibia, or aquatic plants are known to exist. (Amended by Stats. 1974, Ch. 605.)
  79. 2270.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 3. Aquatic Plants and Animals [2270 - 2272] ( Heading of Article 3 amended by Stats. 1984, Ch. 85, Sec. 2. )

    Verify source ↗

    Section 2270 does not apply to certain live aquatic plant or animal imports for aquaculture when the importer is a registered aquaculturist and the department has approved the importation under Section 15600.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 3. Aquatic Plants and Animals [2270 - 2272] ( Heading of Article 3 amended by Stats. 1984, Ch. 85, Sec. 2. ) ## 2270.5. Section 2270 does not apply to the importation of live aquatic plants or animals for aquaculture purposes by a registered aquaculturist if the importation has been approved by the department pursuant to Section 15600. (Added by Stats. 1984, Ch. 1686, Sec. 3. Effective September 30, 1984.)
  80. 2271.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 3. Aquatic Plants and Animals [2270 - 2272] ( Heading of Article 3 amended by Stats. 1984, Ch. 85, Sec. 2. )

    Verify source ↗

    Live aquatic plants and animals generally need prior written approval to be imported, but some listed types and registered aquaculturist imports are exempt.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 3. Aquatic Plants and Animals [2270 - 2272] ( Heading of Article 3 amended by Stats. 1984, Ch. 85, Sec. 2. ) ## 2271. (a) No live aquatic plant or animal may be imported into this state without the prior written approval of the department pursuant to regulations adopted by the commission. A written application for the importation, submitted in conformance with the procedural requirements established by the commission, is deemed approved where it has not been denied within 60 days. (b) This section does not apply to the following plants or animals unless the plants or animals are or may be placed in waters of the state: (1) Mollusks. (2) Crustaceans. (3) Ornamental marine or freshwater plants and animals that are not utilized for human consumption or bait purposes and are maintained in closed systems for personal, pet industry, or hobby purposes. (c) The section does not apply to any live aquatic plant or animal imported by a registered aquaculturist. (Repealed and added by Stats. 1984, Ch. 85, Sec. 4. Effective April 19, 1984.)
  81. 2272.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 3. Aquatic Plants and Animals [2270 - 2272] ( Heading of Article 3 amended by Stats. 1984, Ch. 85, Sec. 2. )

    Verify source ↗

    Packages containing live aquatic plants or animals must have a conspicuous tag with the consignor’s name and address, the consignee’s name and address, and the package contents.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Importation and Transportation of Live Plants and Animals [2225 - 2272] ( Heading of Chapter 3 amended by Stats. 1984, Ch. 85, Sec. 1. ) ## ARTICLE 3. Aquatic Plants and Animals [2270 - 2272] ( Heading of Article 3 amended by Stats. 1984, Ch. 85, Sec. 2. ) ## 2272. Each package containing any live aquatic plant or animal shall bear, in a conspicuous place, a tag on which shall be stated the name and address of the consignor, the name and address of the consignee, and the exact contents of the package. (Amended by Stats. 1984, Ch. 85, Sec. 5. Effective April 19, 1984.)
  82. 2300.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3.5. Aquatic Invasive Species [2300 - 2303] ( Heading of Chapter 3.5 amended by Stats. 2007, Ch. 419, Sec. 3. )

    Verify source ↗

    A person generally may not sell, possess, import, transport, transfer, release alive, or give away Caulerpa algae in the state, except for bona fide scientific research with department authorization.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3.5. Aquatic Invasive Species [2300 - 2303] ( Heading of Chapter 3.5 amended by Stats. 2007, Ch. 419, Sec. 3. ) ## 2300. (a) No person shall sell, possess, import, transport, transfer, release alive in the state, or give away without consideration the salt water algae of the genus Caulerpa. (b) Notwithstanding subdivision (a), a person may possess, for bona fide scientific research, as determined by the department, upon authorization by the department, the salt water algae of the genus Caulerpa. (c) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation. (Amended by Stats. 2023, Ch. 119, Sec. 1. (AB 655) Effective January 1, 2024.)
  83. 2301.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3.5. Aquatic Invasive Species [2300 - 2303] ( Heading of Chapter 3.5 amended by Stats. 2007, Ch. 419, Sec. 3. )

    Verify source ↗

    This section generally prohibits people from possessing, moving, or planting invasive mussels in the state unless the department authorizes it, and gives the department and director powers to inspect, quarantine, close, and require decontamination or plans.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3.5. Aquatic Invasive Species [2300 - 2303] ( Heading of Chapter 3.5 amended by Stats. 2007, Ch. 419, Sec. 3. ) ## 2301. (a) (1) Except as authorized by the department, a person shall not possess, import, ship, or transport in the state, or place, plant, or cause to be placed or planted in any water within the state, invasive mussels. (2) The director or the director’s designee may do all of the following: (A) Conduct inspections of conveyances, which include vehicles, boats and other watercraft, containers, and trailers, that may carry or contain adult or larval invasive mussels. Included as part of this authority to conduct inspections is the authority to temporarily stop conveyances that may carry or contain adult or larval invasive mussels on any roadway or waterway in order to conduct inspections. (B) Order that areas in a conveyance that contain water be drained, dried, or decontaminated pursuant to procedures approved by the department. (C) Impound or quarantine conveyances in locations designated by the department for the period of time necessary to ensure that invasive mussels can no longer live on or in the conveyance. (D) (i) Conduct inspections of waters of the state and facilities located within waters of the state that may contain invasive mussels. If invasive mussels are detected or may be present, the director or the director’s designee may order the affected waters or facilities closed to conveyances or otherwise restrict access to the affected waters or facilities, and shall order that conveyances removed from, or introduced to, the affected waters or facilities be inspected, quarantined, or disinfected in a manner and for a duration necessary to detect and prevent the spread of invasive mussels within the state. (ii) For the purpose of implementing clause (i), the director or the director’s designee shall order the closure or quarantine of, or restrict access to, these waters, areas, or facilities in a manner and duration necessary to detect and prevent the spread of invasive mussels within the state. A closure, quarantine, or restriction shall not be authorized by the director or the director’s designee without the concurrence of the Secretary of the Natural Resources Agency. If a closure lasts longer than seven days, the department shall update the operator of the affected facility every 10 days on efforts to address the invasive mussel infestation. The department shall provide these updates in writing and also post these updates on the department’s internet website in an easily accessible manner. (iii) The department shall develop procedures to ensure proper notification of affected local and federal agencies, and, as appropriate, the Department of Water Resources, the Department of Parks and Recreation, and the State Lands Commission in the event of a decision to close, quarantine, or restrict a facility pursuant to this paragraph. These procedures shall include the reasons for the closure, quarantine, or restriction, and methods for providing updated information to those affected. These procedures shall also include protocols for the posting of the notifications on the department’s internet website required by clause (ii). (iv) When deciding the scope, duration, level, and type of restrictions, and specific location of a closure or quarantine, the director shall consult with the agency, entity, owner, or operator with jurisdiction, control, or management responsibility over the marina, boat launch facility, or other facility, in order to focus the closure or quarantine to specific areas and facilities so as to avoid or minimize disruption of economic or recreational activity in the vicinity. (b) (1) Upon a determination by the director that it would further the purposes of this section, other parties or state agencies, including, but not limited to, the Department of Parks and Recreation, the Department of Water Resources, the Department of Food and Agriculture, and the State Lands Commission, may exercise the authority, or portions of that authority, granted to the department in subdivision (a). (2) A determination made pursuant to paragraph (1) shall be in writing and shall remain in effect until withdrawn, in writing, by the director. (c) (1) Except as provided in paragraph (2), Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the implementation of this section. (2) An action undertaken pursuant to subparagraph (B) of paragraph (2) of subdivision (a) involving the use of chemicals other than salt or hot water to decontaminate a conveyance or a facility is subject to Division 13 (commencing with Section 21000) of the Public Resources Code. (d) (1) A public or private agency that operates a water supply system shall cooperate with the department to implement measures to avoid infestation by invasive mussels and to control or eradicate any infestation that may occur in a water supply system. If invasive mussels are detected, the operator of the water supply system, in cooperation with the department, shall prepare and implement a plan to control or eradicate invasive mussels within the system, and eliminate or minimize any potential downstream transport of an invasive mussel. The approved plan shall contain the following minimum elements: (A) Methods for delineation of infestation, including both adult mussels and veligers. (B) Methods for control or eradication of adult mussels and decontamination of water containing larval mussels. (C) A systematic monitoring program to determine any changes in conditions. (D) The requirement that the operator of the water supply system permit inspections by the department as well as cooperate with the department to update or revise control or eradication measures in the approved plan to address scientific advances in the methods of controlling or eradicating mussels and veligers. (2) If the operator of water delivery and storage facilities for public water supply purposes has prepared, initiated, and is in compliance with all the elements of an approved plan to control or eradicate invasive mussels in accordance with paragraph (1), the requirements of subdivision (a) do not apply to the operation of those water delivery and storage facilities, and the operator is not subject to any civil or criminal liability for the introduction of invasive mussel species as a result of those operations. The department may require the operator of a facility to update its plan, and if the plan is not updated or revised as described in this subdivision, subdivision (a) shall apply to the operation of the water delivery and storage facilities covered by the plan until the operator updates or revises the plan and initiates and complies with all of the elements of the updated or revised plan. (3) On or before December 31, 2026, the department shall review all approved plans pursuant to this subdivision and require all plans that do not specifically address all invasive mussel species known to be present in bodies of water in the state as of January 1, 2026, to be updated or revised appropriately to include all invasive mussel species, on or before September 30, 2027. (4) Every invasive mussel species shall be addressed in a plan pursuant to this subdivision no later than 180 days from the date that the species is listed in a regulation as described in Section 2303. The department shall approve plans or provide written comments and suggestions on plan deficiencies within 180 days from the date of plan submission. (e) Any entity that discovers invasive mussels within this state shall immediately report the discovery to the department. (f) (1) In addition to any other penalty provided by law, any person who violates this section, violates any verbal or written order or regulation adopted pursuant to this section, or who resists, delays, obstructs, or interferes with the implementation of this section, is subject to a penalty, in an amount not to exceed one thousand dollars ($1,000), that is imposed administratively by the department. (2) A penalty shall not be imposed pursuant to paragraph (1) unless the department has adopted regulations specifying the amount of the penalty and the procedure for imposing and appealing the penalty. (g) The department may adopt regulations to carry out this section. (h) Pursuant to Section 818.4 of the Government Code, the department and any other state agency exercising authority under this section shall not be liable with regard to any determination or authorization made pursuant to this section. (i) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date. (Amended by Stats. 2025, Ch. 106, Sec. 2. (AB 149) Effective September 17, 2025. Repealed as of January 1, 2030, by its own provisions.)
  84. 2302.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3.5. Aquatic Invasive Species [2300 - 2303] ( Heading of Chapter 3.5 amended by Stats. 2007, Ch. 419, Sec. 3. )

    Verify source ↗

    Reservoir owners and managers in covered settings must assess invasive mussel risk, create and run a prevention program, and in some cases add visual monitoring; they may also refuse fish planting if the department cannot show no invasive-mussel risk.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3.5. Aquatic Invasive Species [2300 - 2303] ( Heading of Chapter 3.5 amended by Stats. 2007, Ch. 419, Sec. 3. ) ## 2302. (a) Any person, or federal, state, or local agency, district, or authority that owns or manages a reservoir, as defined in Section 6004.5 of the Water Code, where recreational, boating, or fishing activities are permitted, except a privately owned reservoir that is not open to the public, shall do both of the following: (1) Assess the vulnerability of the reservoir for the introduction of invasive mussel species. (2) Develop and implement a program designed to prevent the introduction of invasive mussel species. (b) The program shall include, at a minimum, all of the following: (1) Public education. (2) Monitoring. (3) Management of those recreational, boating, or fishing activities that are permitted. (c) Any person, or federal, state, or local agency, district, or authority, that owns or manages a reservoir, as defined in Section 6004.5 of the Water Code, where recreational, boating, or fishing activities of any kind are not permitted, except a privately owned reservoir that is not open to the public, shall, based on its available resources and staffing, include visual monitoring for the presence of mussels as part of its routine field activities. (d) Any entity that owns or manages a reservoir, as defined in Section 6004.5 of the Water Code, except a privately owned reservoir that is not open to the public for recreational, boating, or fishing activities, may refuse the planting of fish in that reservoir by the department unless the department can demonstrate that the fish planting does not present a risk of introducing invasive mussels. (e) Except as specifically set forth in this section, this section applies both to reservoirs that are owned or managed by governmental entities and reservoirs that are owned or managed by private persons or entities. (f) Violation of this section is not subject to the sanctions set forth in Section 12000. In lieu of any other penalty provided by law, a person who violates this section shall, instead, be subject to a civil penalty, in an amount not to exceed one thousand dollars ($1,000) per violation, that is imposed administratively by the department. To the extent that sufficient funds and personnel are available to do so, the department may adopt regulations establishing procedures to implement this subdivision and enforce this section. (g) This section shall not apply to a reservoir in which invasive mussels have been detected. (Amended by Stats. 2025, Ch. 106, Sec. 3. (AB 149) Effective September 17, 2025.)
  85. 2303.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3.5. Aquatic Invasive Species [2300 - 2303] ( Heading of Chapter 3.5 amended by Stats. 2007, Ch. 419, Sec. 3. )

    Verify source ↗

    This section defines “invasive mussel” for this chapter.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3.5. Aquatic Invasive Species [2300 - 2303] ( Heading of Chapter 3.5 amended by Stats. 2007, Ch. 419, Sec. 3. ) ## 2303. For purposes of this chapter, “invasive mussel” means any nonnative detrimental mussel species that is capable of spreading in freshwater and is listed in a regulation adopted by the commission pursuant to Section 2118. (Added by Stats. 2025, Ch. 106, Sec. 4. (AB 149) Effective September 17, 2025.)
  86. 2345.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    This article applies to dead wild birds, mammals, fish, reptiles, amphibians, and certain live mollusks and crustaceans transported for purposes other than placement in California waters.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2345. This article applies to all dead wild birds, mammals, fish, reptiles, and amphibians. This article also applies to live mollusks and crustaceans that are transported for purposes other than placement in the waters of this state. This article does not apply to animals imported for purposes of aquaculture under Division 12 (commencing with Section 15000). (Amended by Stats. 2007, Ch. 285, Sec. 40. Effective January 1, 2008.)
  87. 2346.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    A common carrier or its agent must not transport or receive for transport more wildlife than the person’s legal bag limit during any time interval.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2346. It is unlawful for a common carrier or his or her agent to transport for, or to receive for transportation from, any one person, during any interval of time, more than the bag limit of birds, mammals, fish, reptiles, or amphibians that may legally be taken and possessed by that person during that interval. (Amended by Stats. 2007, Ch. 285, Sec. 41. Effective January 1, 2008.)
  88. 2347.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    A person may not offer for transport by common carrier more than the legal bag limit of birds, mammals, fish, reptiles, or amphibians during any time period.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2347. It is unlawful for any person to offer for transportation by common carrier during any interval of time more than the bag limit of birds, mammals, fish, reptiles, or amphibians that may legally be taken and possessed by that person during that interval. (Amended by Stats. 2007, Ch. 285, Sec. 42. Effective January 1, 2008.)
  89. 2348.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Packages containing certain dead birds, mammals, fish, reptiles, or amphibians must clearly show the shipper, consignee, and contents; commercial fish shipments may use total net weight by species instead of counts.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2348. (a) The outside of a package offered to or received by a common carrier or the carrier’s agent for transportation, or transported by a common carrier or agent, that contains a bird, mammal, fish, reptile, or amphibian, shall clearly and conspicuously indicate the following: (1) The name and address of the shipper. (2) The name and address of the consignee. (3) The number and kind of bird, mammal, fish, reptile, and amphibian contained in the package. (b) Licensed commercial fishermen and licensed commercial fish dealers are subject to all of the provisions of this section, except that commercial shipments of fish may be indicated by total net weight of each species instead of by numbers. (Amended by Stats. 2015, Ch. 154, Sec. 52. (AB 1527) Effective January 1, 2016.)
  90. 2349.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Dead birds, mammals, fish, reptiles, and amphibians may not be shipped by parcel post, except smoked, cured, or dried fish other than trout.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2349. No bird, mammal, fish, reptile, or amphibian, except smoked, cured, or dried fish other than trout, may be shipped by parcel post. (Amended by Stats. 2007, Ch. 285, Sec. 44. Effective January 1, 2008.)
  91. 2350.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    It is unlawful to take a deer or game bird out of the state unless the person has a nonresident hunting license or a written permit from the department.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2350. It is unlawful to transport or carry a deer or game bird out of this state, except by the holder of a nonresident hunting license or under a written permit issued by the department. (Amended by Stats. 2015, Ch. 154, Sec. 53. (AB 1527) Effective January 1, 2016.)
  92. 2352.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    A common carrier may not transport protected nongame birds or resident or migratory game birds with no open season, except as permitted by the code.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2352. Except as permitted by this code, it is unlawful for any common carrier to transport any protected nongame bird, or to transport any resident or migratory game bird for which there is no open season. (Amended by Stats. 1957, Ch. 1972.)
  93. 2353.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Wild birds, mammals, fish, reptiles, and amphibians may not be imported or possessed in the state unless listed conditions are met; a limited common-carrier exception applies.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2353. (a) Birds, mammals, fish, reptiles, or amphibians shall not be imported or possessed in this state unless all of the following requirements are met: (1) The animals were legally taken and legally possessed outside of this state. (2) This code and regulations adopted pursuant thereto do not expressly prohibit their possession in this state. (3) A declaration is submitted to the department or a designated state or federal agency at or immediately before the time of entry, in the form and manner prescribed by the department. (b) Birds, mammals, fish, reptiles, or amphibians legally taken and legally possessed outside of this state may be imported into this state and possessed without a declaration if the shipment is handled by a common carrier under a bill of lading or as supplies carried into this state by common carriers for use as food for the passengers. (c) The commission and the department shall not modify this section by any regulation that would prohibit the importation of lawfully killed migratory game birds taken in any other state or country and transported into this state pursuant to the migratory bird regulations adopted annually by the Secretary of the Interior. (Amended by Stats. 2007, Ch. 285, Sec. 45. Effective January 1, 2008.)
  94. 2354.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Marlin meat may not be transported out of this State.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2354. Marlin meat may not be transported out of this State. (Enacted by Stats. 1957, Ch. 456.)
  95. 2355.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Deer may be transported into California only if the transport complies with the law of the state where the deer was taken, California law, and commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2355. Deer may be transported into this State only when in accordance with the law of the state in which the deer was taken, and when in accordance with the law of this State and the regulations of the commission adopted pursuant thereto. (Enacted by Stats. 1957, Ch. 456.)
  96. 2356.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Most people may not ship, receive for shipment, or transport trout taken in California waters out of the state, except certain licensed or military persons who may personally transport up to one daily bag limit.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2356. (a) It is unlawful to offer for shipment, ship, receive for shipment, or transport from this state, any trout taken in the waters of this state, except as provided in subdivision (b): (b) The following persons may personally transport from this state not more than one daily bag limit of trout: (1) The holder of a nonresident sport fishing license. (2) A person on active military duty with the Armed Forces of the United States who possesses a valid angling license. (3) A person on active military duty with an auxiliary branch of the Armed Forces of the United States who possesses a valid angling license. (Amended by Stats. 2023, Ch. 132, Sec. 49. (AB 1760) Effective January 1, 2024.)
  97. 2358.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Shipping trout into a closed season area is unlawful unless the shipment includes a specific written statement.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2358. It is unlawful to ship trout into an area where the season is closed unless the shipment is accompanied by a written statement containing the name and address of, and signed by, the person taking the trout, and countersigned, for the purpose of identification, by the agent of the carrier to whom the trout are offered for shipment. (Enacted by Stats. 1957, Ch. 456.)
  98. 2359.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Striped bass may be transported into or out of California only in the specific cases listed in this section, subject to Section 2363.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2359. Except as provided in Section 2363, striped bass may be transported or carried out of or into this state only as follows: (a) A resident of California, or the holder of a valid nonresident California sportfishing license, lawfully taking striped bass from the Colorado River or from the Arizona shore of that river, may transport or carry the fish taken into California. (b) A resident of Arizona, or the holder of a valid nonresident Arizona sportfishing license, lawfully taking striped bass from the Colorado River or from the California shore of that river, may transport or carry the fish taken into Arizona. (Amended by Stats. 2023, Ch. 132, Sec. 50. (AB 1760) Effective January 1, 2024.)
  99. 2360.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Black bass and spotted bass that were lawfully taken may be carried, transported into, and possessed in a closed season area.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2360. Black bass and spotted bass lawfully taken may be carried or transported into and possessed in an area where the season is closed. (Enacted by Stats. 1957, Ch. 456.)
  100. 2361.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    It is unlawful to import small salmon into this state for commercial purposes, except domestically reared salmon under commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2361. It is unlawful to import into this state for commercial purposes any salmon of smaller size than can be legally taken under regulations of either the Pacific Fishery Management Council or the state of landing. Such prohibition does not apply to domestically reared salmon as defined by commission regulations to include salmon which have returned to a hatchery or licensed artificial collection facility. Such domestically reared salmon may be imported under regulations established by the commission. (Amended by Stats. 1978, Ch. 662.)
  101. 2362.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Certain yellowtail, barracuda, and white seabass may be delivered to California ports, but importation of fish taken in Mexico is banned unless they were legally taken and possessed and the required declaration is filed.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2362. Yellowtail, barracuda, and white seabass taken in waters lying south of the maritime boundary line between the United States and Mexico, with that maritime boundary line including, but not limited to, the federal Exclusive Economic Zone boundary, may be delivered to California ports aboard boats, including boats carrying purse seine or round haul nets in accordance with those regulations as the commission may make governing the inspection and marking of those fish imported into this state. The cost of that inspection and marking shall be paid by the importer. Fish taken in Mexico shall not be imported unless legally taken and legally possessed and a declaration is submitted to the department pursuant to Section 2353. (Amended by Stats. 2007, Ch. 285, Sec. 46. Effective January 1, 2008.)
  102. 2363.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Certain striped bass, sturgeon, or shad may be imported if they were legally taken in another state that allows their sale, and the commission’s regulations apply.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2363. Striped bass, sturgeon, or shad legally taken in another state that permits the sale of that fish may be imported into this state under regulations of the commission. Before the commission adopts any regulation pursuant to this section, a public hearing shall be held in the San Francisco or Sacramento area. (Amended by Stats. 2015, Ch. 154, Sec. 54. (AB 1527) Effective January 1, 2016.)
  103. 2364.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Crab meat from outside the State may be imported into the State if the import complies with the commission’s regulations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2364. Crab meat from outside the State may be imported into the State under regulations of the commission. (Enacted by Stats. 1957, Ch. 456.)
  104. 2365.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Spiny lobsters may be imported into California only until 26 days after the California season closes, and certain lobsters may be possessed and sold during the closed season under commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2365. Spiny lobsters may be imported into California until the twenty-sixth day after the close of the California season. Lobsters imported into California and lobsters legally taken in California during the open season prescribed in this code may be possessed and sold during the closed season, subject to the regulations of the commission. The cost of inspection and marking, under the regulations of the commission, shall be paid by the importer or owner of the lobsters. (Amended by Stats. 1957, Ch. 1381.)
  105. 2368.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    A pismo clam taken in this State may not be shipped.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2368. No pismo clam taken in this State may be shipped. (Enacted by Stats. 1957, Ch. 456.)
  106. 2369.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Pismo clams taken outside this state may be imported only with specified origin and compliance certificates; they may also be canned and shipped out of state. The commission may set inspection and marking rules, and the importer must pay those costs.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2369. Pismo clams taken outside this state may be imported into this state when accompanied by a United States customhouse entry certificate showing their place of origin, and a certificate or clearance from the responsible governmental agency to the effect that such shipment was made in compliance with the laws and regulations of the place or country of origin. Such pismo clams may be canned and shipped outside this state. The commission may prescribe regulations governing the inspection and marking of pismo clams imported into this state. The cost of such inspection and marking shall be paid by the importer of the pismo clams. (Amended by Stats. 1972, Ch. 51.)
  107. 2371.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. )

    Verify source ↗

    Abalone or abalone meat taken outside the state may be brought into, kept in, and shipped out of the state if it has the required customs and origin certificates, and its containers are marked with the place or country of origin.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2371] ( Heading of Article 1 amended by Stats. 1972, Ch. 974. ) ## 2371. Abalone or abalone meat legally taken outside this state may be imported into this state when accompanied by a United States customhouse entry certificate showing the place of origin, and a certificate or clearance from the responsible governmental agency to the effect that such shipment was made in compliance with the laws and regulations of the place or country of origin, and such abalone or abalone meat may be possessed in this state and shipped or transported out of the state, but all containers of such abalone shall be marked with the abalone’s place or country of origin. (Added by Stats. 1967, Ch. 462.)
  108. 24.

    ## 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 ↗

    “Buy” includes an offer to buy, purchase, barter, exchange, or trade.

    ## 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. ) ## 24. “Buy” includes an offer to buy, purchase, barter, exchange, or trade. (Amended by Stats. 1985, Ch. 1403, Sec. 1.)
  109. 2400.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 2. Dead Domesticated Birds and Mammals [2400 - 2401] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A common carrier may transport certain dead domesticated game bird or mammal carcasses if they have a domesticated game breeder’s tag.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 2. Dead Domesticated Birds and Mammals [2400 - 2401] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 2400. (a) A common carrier may transport the carcass of a dead domesticated game bird or mammal tagged with a domesticated game breeder’s tag as provided in Article 1 (commencing with Section 3200) of Chapter 2 of Part 1 of Division 4. (b) A tag or label shall be affixed to every package containing a carcass transported pursuant to subdivision (a), which shall state all of the following: (1) The names of the person to whom the game breeder’s license was issued, the person who killed the game bird or mammal, the person to whom the game bird or mammal is consigned, and the person who tagged the game bird or mammal. (2) The number of carcasses or portions thereof contained in the package. (3) That the game birds or mammals were killed and tagged in accordance with the provisions of Article 1 (commencing with Section 3200) of Chapter 2 of Part 1 of Division 4. (Amended by Stats. 2015, Ch. 154, Sec. 55. (AB 1527) Effective January 1, 2016.)
  110. 2401.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 2. Dead Domesticated Birds and Mammals [2400 - 2401] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Common carriers may receive and transport carcasses or parts of domesticated game birds raised outside this State, even at any time.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia [2345 - 2401] ( Heading of Chapter 4 amended by Stats. 1972, Ch. 974. ) ## ARTICLE 2. Dead Domesticated Birds and Mammals [2400 - 2401] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 2401. Notwithstanding the provisions of Section 3206, the carcasses or parts of domesticated game birds which have been raised outside of this State may be imported into this State, and transported, sold, or possessed in this State. Common carriers may receive and transport such carcasses or parts at any time. A label shall be affixed to every package containing such carcasses or parts with the following data plainly written or printed thereon: (a) The names and addresses of the consignor and consignee. (b) The number and kinds of carcasses or parts thereof. (c) A statement that the contents are carcasses or parts of domesticated game birds raised outside this State. (Enacted by Stats. 1957, Ch. 456.)
  111. 250.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. )

    Verify source ↗

    This article applies to commission regulations about taking or possessing birds, mammals, fish, amphibians, or reptiles, with listed exceptions.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. ) ## 250. (a) Except as provided in subdivision (b), this article applies to a commission regulation that governs the take or possession of any bird, mammal, fish, amphibian, or reptile. (b) This article does not apply to a regulation governed by subdivision (b) of Section 200 or Section 201. (c) Except as expressly provided, this article does not supersede any other applicable law that governs the adoption, amendment, or repeal of a regulation. (Repealed and added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.)
  112. 2535.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines who counts as a “guide” for this chapter.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2535. As used in this chapter, “guide” means any person who is engaged in the business of packing or guiding, or who, for a fee, assists another person in taking or attempting to take any bird, mammal, fish, amphibian, or reptile. “Guide” also includes any person who, for profit, transports other persons, their equipment, or both to or from a hunting or fishing area. (Amended by Stats. 2007, Ch. 285, Sec. 47. Effective January 1, 2008.)
  113. 2536.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person must not guide or pack for pay without first getting a guide license from the department.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2536. (a) It is unlawful for any person to engage in the business of guiding or packing, or to act as a guide for any consideration or compensation whatever, without first having secured a guide license from the department. (b) An employee of a licensee who acts as a guide only in connection with, and within the scope of, his or her employment is exempt from the requirement of subdivision (a) if all of the following conditions are met: (1) If the employment is subject to and the person is reported to the carrier of the employer’s workers’ compensation insurance. (2) If the person is subject and reported to the state and federal taxing authorities for withholding of income tax. (3) If the person is reported to the department, on forms provided by the department, as an employee of the guide prior to any contact with any person being guided, and a registration fee has been paid. The base fee for an employee guide registration for the 2004 license year shall be thirty-three dollars ($33), which shall be adjusted annually thereafter pursuant to Section 713. (c) A person who is licensed in another state to provide guide services for the purposes of fishing is exempt from the requirements of subdivision (a) if all of the following conditions are met: (1) The state in which the person is licensed grants a similar exemption to licensed guides who are residents of this state. (2) Evidence of a valid guide license is provided to the department upon request. (3) The person is engaged in the business of guiding only in conjunction with and during the term of a multistate fishing tournament approved by the appropriate agency in each of the affected states. (4) The tournament sponsor provides to the department any information or documents necessary to administer and enforce this paragraph, as determined by the department, including, but not limited to, the identities of all guides participating in the tournament, verification of another state’s license exemption, and information sufficient to determine the validity of another state’s guide licenses. (5) The tournament sponsor pays the department an amount, determined by the department, to be sufficient to cover the department’s cost to administer and enforce this subdivision. (6) The net proceeds of the tournament are used for resource management projects or habitat improvement projects, or both. (d) The commission shall adjust the amount of the fees specified in paragraph (3) of subdivision (b), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses. (Amended by Stats. 2012, Ch. 559, Sec. 19. (AB 2402) Effective January 1, 2013.)
  114. 2537.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person operating under a commercial passenger fishing boat license does not have to obtain a guide license.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2537. A person operating under a commercial passenger fishing boat license issued pursuant to Section 7920 is not required to obtain a guide license. (Added by Stats. 1986, Ch. 750, Sec. 4.)
  115. 2538.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A guide license application must be filed on the department’s form and include specified applicant and business details.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2538. An application for a guide license shall be on a form furnished by the department on request. The application shall show all of the following: (a) The name, date of birth, physical description, age, address, and telephone number, if any, of the applicant. (b) The area or areas of the state in which the applicant proposes to operate. (c) The type of guiding or packing in which the applicant proposes to engage. (d) The experience which qualifies the applicant for the type of guiding or packing he or she proposes to conduct. (e) The type and amount of the equipment, vehicles, animals, and other property the applicant proposes to use in his or her operations. (f) Any other information that the department or the commission may require. (Added by renumbering Section 2537 by Stats. 1986, Ch. 750, Sec. 3.)
  116. 2539.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A licensee must have a valid grazing permit when operating with pack or riding animals in an area that requires one, and must not guide clients on certain federal lands where permits are required unless the permit is first obtained.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2539. If the licensee operates with pack or riding animals in any area in which a grazing permit is required, the license is not valid unless the holder thereof has a valid grazing permit for the area. A licensee shall not guide clients on any lands under the jurisdiction of the United States Department of the Interior or Department of Agriculture where permits are required without first obtaining the permit from that federal agency. (Amended by Stats. 1986, Ch. 750, Sec. 6.)
  117. 2540.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A guide license costs $150 for residents and $350 for nonresidents, and the commission must adjust those fees as needed to recover related administrative and implementation costs without exceeding them.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2540. (a) The base fee for a guide license issued to a resident is one hundred fifty dollars ($150). (b) The base fee for a guide license issued to a nonresident is three hundred fifty dollars ($350). (c) A guide license is valid for the license year beginning on February 1 and ending on January 31 of the succeeding year or, if issued after the beginning of the license year, for the remainder of that license year. (d) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713. (e) The commission shall adjust the amount of the fees specified in subdivisions (a), (b), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses. (Amended by Stats. 2012, Ch. 559, Sec. 20. (AB 2402) Effective January 1, 2013.)
  118. 2541.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Applicants for a guide license must show proof of a surety bond of at least $1,000, and the bond must be valid for the license term.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2541. Each applicant for a guide license shall submit proof of having obtained a surety bond in the amount of not less than one thousand dollars ($1,000), conditioned on faithful performance of the guide and the guide’s agents or employees in fulfilling their responsibilities to their clients. No guide license shall be issued to any applicant who does not submit proof of having a bond that is valid for the term of the license. (Amended by Stats. 2023, Ch. 132, Sec. 51. (AB 1760) Effective January 1, 2024.)
  119. 2542.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission must adopt regulations about guides’ conduct and qualifications, and may also regulate guide license application procedures.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2542. The commission shall adopt regulations governing the conduct and qualifications of guides to ensure the safety and welfare of persons engaging the services of a guide, and may adopt regulations governing the procedures for applications for guide licenses. The qualifications shall include, but not be limited to, knowledge of basic first aid and rescue operations. (Added by Stats. 1986, Ch. 750, Sec. 10.)
  120. 2543.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may require licensed guides to keep and submit records of their operations, and department representatives may examine those records at any time.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2543. The commission may require licensed guides to maintain and submit records of their operations. The records may be examined at any time by representatives of the department. It is unlawful for any licensed guide to fail to maintain or submit any required records or to refuse to allow the examination of the records upon the request of a department representative. (Added by renumbering Section 2545 by Stats. 1986, Ch. 750, Sec. 13.)
  121. 2544.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may refuse to issue a guide license if the applicant failed client responsibilities or violated the code or related regulations, including knowingly allowing others in the guided party to violate them when the applicant could have prevented it.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2544. The department may refuse to issue a guide license to an applicant upon a showing of any of the following: (a) The applicant has failed to fulfill his responsibilities to a client. (b) The applicant has violated this code or any regulation adopted pursuant thereto, or has knowingly permitted a client or another member of a party being guided to violate this code or any regulation adopted pursuant thereto and the applicant had the authority and means to prevent the violation. (Added by renumbering Section 2546 by Stats. 1986, Ch. 750, Sec. 15.)
  122. 2545.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If an applicant is denied a guide license by the department, the applicant may request a hearing before the commission, and the commission must decide whether the license should be issued.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2545. An applicant denied a guide license by the department may request a hearing before the commission and the commission shall determine whether or not the license shall be issued. (Added by Stats. 1986, Ch. 750, Sec. 14.)
  123. 2546.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may revoke a guide license or the privilege to guide if specified misconduct or violations are shown.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Hunting and Fishing Guides [2535 - 2546] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## 2546. The commission may revoke a guide license or the privilege to guide upon a showing of any of the following: (a) The licensee has been convicted of a violation of this code or any regulation adopted pursuant thereto. (b) The licensee has knowingly permitted a client or other member of the party being guided to violate this code or any regulation adopted pursuant thereto and that the licensee had the authority and means to prevent the violation. (c) The licensee has failed to fulfill his or her responsibilities to a client. (Added by renumbering Section 2544 by Stats. 1986, Ch. 750, Sec. 12.)
  124. 255.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. )

    Verify source ↗

    The commission must take specified steps at separate public meetings when adopting, amending, or repealing certain regulations, and the department must help by reviewing and responding to public comments.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. ) ## 255. (a) When adopting, amending, or repealing a regulation governed by this article, the commission shall conduct the following steps at separate public meetings: (1) Approve the submission of a notice of proposed action to the Office of Administrative Law. (2) Consider public comment on the proposed action. The department shall participate in this process by reviewing and responding to all public comment. (3) Make a final decision on the proposed action. (b) The meetings required by this section may be regular or special meetings. (c) The meetings required by this section shall be duly noticed to the public in accordance with subdivision (c) of Section 110 and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (d) Within 45 days after the commission makes a final decision to adopt, amend, or repeal a regulation governed by this article, the department shall publish and distribute the regulation to each county clerk, district attorney, and judge of the superior court in the state. (Added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.)
  125. 2575.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Capture, Transport or Sale of Wild Rodents [2575 - 2576] ( Chapter 6 added by Stats. 1971, Ch. 428. )

    Verify source ↗

    This section defines “wild rodents” for this chapter.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Capture, Transport or Sale of Wild Rodents [2575 - 2576] ( Chapter 6 added by Stats. 1971, Ch. 428. ) ## 2575. “Wild rodents” as used in this chapter means wild ground squirrels, chipmunks, rats, mice or any other members of the order Rodentia native to California except muskrats and beavers. (Added by Stats. 1971, Ch. 428.)
  126. 2576.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Capture, Transport or Sale of Wild Rodents [2575 - 2576] ( Chapter 6 added by Stats. 1971, Ch. 428. )

    Verify source ↗

    It is unlawful to knowingly capture for sale, transport for sale, or sell wild rodents, except as provided elsewhere in the code.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Capture, Transport or Sale of Wild Rodents [2575 - 2576] ( Chapter 6 added by Stats. 1971, Ch. 428. ) ## 2576. It is unlawful to knowingly capture for sale, transport for sale or sell wild rodents, except as provided in Article 1 (commencing with Section 1000) of Chapter 3 of Division 2. (Amended by Stats. 2023, Ch. 132, Sec. 52. (AB 1760) Effective January 1, 2024.)
  127. 2580.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. )

    Verify source ↗

    This section defines “qualified hearing officer” and “transport” for this chapter.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. ) ## 2580. The definitions in this section govern the construction of this chapter. (a) “Qualified hearing officer” means an attorney admitted to the State Bar of California who is knowledgeable in fish and wildlife law. (b) “Transport” means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment. (Added by Stats. 1988, Ch. 1059, Sec. 4.)
  128. 2581.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. )

    Verify source ↗

    This chapter does not apply to lawful losses of birds, mammals, amphibians, reptiles, or fish caused by lawful forestry or agricultural practices, or by permit-based development or maintenance activity.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. ) ## 2581. If the loss is lawful under this code and regulations adopted under this code, this chapter does not apply to the loss of any bird, mammal, amphibian, reptile, or fish as a result of any of the following acts: (a) Implementing lawful forestry practices. (b) Implementing lawful agricultural practices. (c) Any development or maintenance activity carried out pursuant to the terms of a permit issued by the federal government, the state, or any city, county, or district, or any agency thereof. (Added by Stats. 1988, Ch. 1059, Sec. 4.)
  129. 2582.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. )

    Verify source ↗

    The department may impose an administrative penalty for certain unlawful wildlife and plant-related acts, including illegal trade, false records, attempted violations, interstate transport in unmarked containers, and failure to keep required records.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. ) ## 2582. (a) The department may impose an administrative penalty upon any person pursuant to this chapter for any of the following acts done for profit or personal gain: (1) Unlawfully export, import, transport, sell, possess, receive, acquire, or purchase, or unlawfully assist, conspire, or aid in the importing, exporting, transporting, sale, possession, receiving, acquisition, or purchasing of, any bird, mammal, amphibian, reptile, or fish which are taken or possessed in violation of this code or the regulations adopted pursuant to this code. (2) Unlawfully export, import, transport, sell, possess, receive, acquire, or purchase, or unlawfully assist, conspire, or aid in the importing, exporting, transporting, sale, possession, receiving, acquisition, or purchasing of any plants, insects, or other species listed pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)), which are taken or possessed in violation of this code or the regulations adopted pursuant to this code. (3) Unlawfully export, import, transport, sell, possess, receive, acquire, or purchase any bird, mammal, amphibian, reptile, or fish, or any endangered or threatened species, or any fully protected bird, mammal, or fish which has been taken, possessed, transported, or sold in violation of this code or the regulations adopted pursuant to this code. (4) Unlawfully possess any bird, mammal, amphibian, reptile, or fish, or any endangered or threatened species, or any fully protected bird, mammal, or fish which has been taken, possessed, transported, or sold in violation of this code or any regulations adopted pursuant to this code within the maritime and territorial jurisdiction of the state or within the portions of the special maritime jurisdiction of the United States upon which the State of California exercises concurrent jurisdiction, either by statute, deputization, or by contract with the United States. (5) Having exported, imported, transported, sold, purchased, or received any bird, mammal, amphibian, reptile, or fish, or any endangered or threatened species, or any fully protected bird, mammal, or fish, unlawfully make or submit any false record, account, label, or identification thereof. (6) Attempt to commit any unlawful act, or unlawfully attempt to commit any act, described in paragraphs (1) to (5), inclusive. (b) The department may impose an administrative penalty upon any person pursuant to this chapter for unlawfully exporting, importing, possessing, receiving, or transporting in interstate commerce any container or package containing any bird, mammal, amphibian, reptile, or fish, or any endangered or threatened species, or any fully protected bird, mammal, or fish unless the container or package has previously been plainly marked, labeled, or tagged in accordance with this code and the regulations adopted pursuant to this code. (c) The department may impose an administrative penalty upon any person pursuant to this chapter for any unlawful failure or refusal to maintain any records or paperwork as required by this code. (Amended by Stats. 2023, Ch. 132, Sec. 53. (AB 1760) Effective January 1, 2024.)
  130. 2583.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. )

    Verify source ↗

    The department may assess an administrative penalty of up to $10,000 for each covered bird, mammal, amphibian, reptile, fish, or protected species item involved, if the violation 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 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. ) ## 2583. (a) Except as provided in subdivision (b), any person who violates this code or any regulation adopted to carry out this code, and, with the exercise of due care, should have known that the birds, mammals, amphibians, reptiles, or fish, or the endangered or threatened species, or the fully protected birds, mammals, or fish were taken, possessed, transported, imported, received, purchased, acquired, or sold in violation of, or in a manner unlawful under, this code, may be assessed an administrative penalty. The administrative penalty imposed under this chapter by the department shall not be more than ten thousand dollars ($10,000) for each bird, mammal, amphibian, reptile, or fish, or for each endangered or threatened species, or each fully protected bird, mammal, or fish unlawfully taken, possessed, transported, imported, received, purchased, acquired, or sold. This administrative penalty may be in addition to any other penalty, civil or criminal, provided in this code or otherwise by law. (b) No administrative penalties shall be imposed under this chapter until the guidelines for the imposition of the penalties are adopted by the commission pursuant to Section 500. (Amended by Stats. 2023, Ch. 132, Sec. 54. (AB 1760) Effective January 1, 2024.)
  131. 2584.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. )

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    This section sets out how the department and director handle administrative penalties, hearings, orders, payments, and court review.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. ) ## 2584. (a) Upon an actionable violation, the department shall consult, as to the appropriate civil or criminal remedy, with the district attorney in the jurisdiction where the violation was alleged to have occurred. Before proceeding with a civil action, the department shall seek the concurrence of the Attorney General. (b) The director, after investigation of the facts and circumstances, may issue a complaint to any person on whom an administrative penalty may be imposed pursuant to Section 2582 or 2583. The complaint shall allege the acts or failures to act that constitute a basis for an administrative penalty and the amount of the proposed administrative penalty. The complaint shall be served by personal service or certified mail and shall inform the person so served that a hearing shall be conducted within 60 days after the person has been served, unless the person waives the right to a hearing. If the person waives the right to a hearing, the department shall issue an order setting the penalty in the amount proposed in the complaint. If the person has waived the right to a hearing or if the department and the person have entered into a settlement agreement, the order shall be final. (c) If the director issues a complaint pursuant to subdivision (a), the director shall appoint a qualified referee or hearing board, composed of one or any combination of the following persons: (1) A qualified hearing officer, as defined in subdivision (a) of Section 2580. (2) A retired judge of the superior court who is knowledgeable in fish and wildlife law. (3) A qualified neutral referee, appointed upon petition to the superior court in which the violation was alleged to have occurred. (d) Any hearing required under this section shall be conducted by the appointed referee or hearing board according to the procedures specified in Sections 11507 to 11517, inclusive, of the Government Code, except as otherwise provided in this section. In making a determination, the appointed referee or hearing board may consider the records of the department in the matter, the complaint, and any new facts brought to the attention of the referee or hearing board by the person served with the complaint. The appointed referee or hearing board shall be the sole trier of fact as to the existence of a basis for liability under Section 2582 or 2583. The appointed referee or hearing board shall make the determination of the facts of the case and shall prepare and submit the proposed decision, including a recommended penalty, to the director for the director’s review and assistance in the penalty assessment process. The proposed decision is a public record and shall be served upon the person. The director may approve the proposed decision in its entirety, or the director may reduce the proposed penalty and adopt the balance of the proposed decision. (e) The director may assess the recommended administrative penalty, reduce the amount of the recommended penalty, or not impose any administrative penalty, based upon the nature, circumstances, extent, and gravity of the prohibited acts alleged, and the degree of culpability of the violator, or the director may enter into a settlement agreement with the person served with the complaint in the best interests of the state or confirm the amount of administrative penalties contained in the complaint. If the director reduces the amount of the administrative penalty, does not impose the administrative penalty, or enters into a settlement agreement, the director shall seek the recommendation of the appointed referee or hearing board and enter into the records of the case the reasons for that action, including the recommendation of the appointed referee or hearing board. The decision of the director assessing the administrative penalty is final. (f) Upon the final assessment of the administrative penalty, the department shall issue an order setting the amount of the administrative penalty to be imposed. An order setting the amount of an administrative penalty under this section becomes effective and final upon the issuance of the order, and payment shall be made within 30 days of issuance. Copies of the order shall be served by personal service or by certified mail upon the person served with the complaint and upon other persons who appeared before the director and requested a copy. Copies of the order shall be provided to any person within 10 days of receipt of a written request from that person. (g) Within 30 days after service of a copy of an order setting the amount of the administrative penalty, any person so served may file with the superior court a petition for a writ of mandate for review of the order. In all proceedings pursuant to this subdivision, the court shall exercise its independent judgment on the evidence in the whole record. The filing of a petition for a writ of mandate shall not stay any other civil or criminal action. (h) The records of the case, after all appeals are final, are public records, as defined in Section 7920.530 of the Government Code. (Amended by Stats. 2023, Ch. 132, Sec. 55. (AB 1760) Effective January 1, 2024.)
  132. 2585.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. )

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    Administrative penalties under this chapter are additional to certain forfeitures.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. ) ## 2585. The administrative penalties imposed under this chapter are in addition to any forfeiture of equipment pursuant to Section 12157 or forfeiture of birds, mammals, amphibia, reptiles, or fish pursuant to Section 12159. (Amended by Stats. 2023, Ch. 132, Sec. 56. (AB 1760) Effective January 1, 2024.)
  133. 2586.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. )

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    The director may pay a reward to a person who provides information leading to certain enforcement outcomes, and the director sets the reward amount with advice from the CalTIP Award Board.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. ) ## 2586. (a) The director may pay a reward from any funds available for that purpose to any person who furnished information which led to an arrest, a criminal conviction, an order of assessment of an administrative penalty, or for forfeiture of property for any violation of this code or any regulation adopted pursuant to this code. The amount of reward, if any, shall be designated by the director with the advice of the CalTIP Award Board. (b) This chapter does not apply to any action brought to recover damages under Section 2014. (Amended by Stats. 2023, Ch. 132, Sec. 57. (AB 1760) Effective January 1, 2024.)
  134. 2587.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. )

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    The department may hire or appoint legal counsel to bring civil actions under this chapter, and actions to recover administrative penalties must be filed within three years after the offense is discovered.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. ) ## 2587. (a) Notwithstanding Section 12511 of the Government Code, the department may retain or appoint legal counsel to prepare and prosecute civil actions under this chapter. (b) Any action to recover administrative penalties imposed under this chapter shall be commenced within three years after discovery of the commission of the offense. (Amended by Stats. 2023, Ch. 132, Sec. 58. (AB 1760) Effective January 1, 2024.)
  135. 2588.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. )

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    Administrative penalties and forfeiture revenues collected under this chapter must be deposited in the Fish and Game Preservation Fund.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. ) ## 2588. All administrative penalties and revenues from forfeitures collected pursuant to this chapter shall be deposited in the Fish and Game Preservation Fund. (Amended by Stats. 2023, Ch. 132, Sec. 59. (AB 1760) Effective January 1, 2024.)
  136. 2589.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. )

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    The commission and the department may adopt regulations needed to carry out their responsibilities under this chapter.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife [2580 - 2589] ( Chapter 6.5 added by Stats. 1988, Ch. 1059, Sec. 4. ) ## 2589. The commission and the department may adopt regulations as are necessary to carry out their responsibilities under this chapter. (Added by Stats. 1988, Ch. 1059, Sec. 4.)
  137. 260.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. )

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    The commission and department may publicize and distribute regulations, contract for printing, and give licensees a copy of the current regulations; printed materials have advertising limits, and certain contracts are barred if they would eliminate civil service jobs.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. ) ## 260. (a) The commission and the department may do anything that is deemed necessary and proper to publicize and distribute a regulation governed by this article so that persons likely to be affected will be informed of them. The failure of the commission to provide any notice of a regulation governed by this article, beyond what is required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, does not impair the validity of the regulations. (b) Notwithstanding any other law, the commission and the department may contract with private entities to print regulations governed by this article, and other public information. The printing contract shall include criteria to ensure that the public information provided in the publication is easy to reference, read, and understand. (c) Printing contracts authorized by this section for which no state funds are expended are not subject to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, except for Article 2 (commencing with Section 10295) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. (d) Material printed pursuant to subdivision (b) that contains advertisements shall meet all specifications prescribed by the department. The printed material shall not contain advertisements for tobacco products, alcohol, firearms, and devices prohibited pursuant to Section 32625 of the Penal Code, Article 2 (commencing with Section 30600) of Chapter 2 of Division 10 of Title 4 of Part 6 of the Penal Code, or any provision listed in Section 16590 of the Penal Code, or firearms not authorized by the commission as a legal method of sport hunting, political statements, solicitations for membership in organizations, or any other statement, solicitation, or product advertisement that is in conflict with the purposes for which the material is produced, as determined by the commission. (e) Neither the department nor the commission shall contract with private entities to print the materials described in subdivision (b) if the letting of those contracts will result in the elimination of civil service positions. (f) The department or the license agent may give a copy of the current applicable published regulations governed by this article to each person issued a license, at the time the license is issued. (Added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.)
  138. 2600.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 1. General Provisions [2600 - 2602] ( Article 1 added by Stats. 1984, Ch. 6, Sec. 1. )

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    This chapter may be cited as the Fish and Wildlife Habitat Enhancement Act of 1984.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 1. General Provisions [2600 - 2602] ( Article 1 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2600. This chapter shall be known and may be cited as the Fish and Wildlife Habitat Enhancement Act of 1984. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  139. 2601.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 1. General Provisions [2600 - 2602] ( Article 1 added by Stats. 1984, Ch. 6, Sec. 1. )

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    This section says habitat is essential for healthy fish and wildlife populations and states the chapter’s purpose is to fund habitat acquisition, enhancement, and development in California.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 1. General Provisions [2600 - 2602] ( Article 1 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2601. (a) The fundamental requirement for healthy, vigorous populations of fish and wildlife is habitat. Without adequate habitat, efforts to conserve and manage fish and wildlife resources will have limited success. (b) Assuring adequate habitat, with the resulting increase in the abundance of fish and wildlife, confers substantial benefits on the people of California through the opportunities afforded for the use, enjoyment, and appreciation of fish and wildlife resources, the perpetuation of species of fish and wildlife for their intrinsic and ecological values, and the enhancement of economic activities based on these resources. (c) Accordingly, the purpose of this chapter is to provide the financial means to correct the most severe deficiencies in fish and wildlife habitat currently found in California through a program of acquisition, enhancement, and development of habitat areas that are most in need of proper conservation and management. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  140. 2602.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 1. General Provisions [2600 - 2602] ( Article 1 added by Stats. 1984, Ch. 6, Sec. 1. )

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    This section defines key terms used in the chapter, including “acquisition,” “coastal zone,” and “local public agency.”

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 1. General Provisions [2600 - 2602] ( Article 1 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2602. As used in this chapter, the following terms have the following meanings: (a) “Acquisition” means the acquisition of any interest in real property. (b) “Coastal zone” means the coastal zone as defined and mapped pursuant to Section 30103 of the Public Resources Code. (c) “Local public agency” means a city, county, city and county, regional park or open-space district, recreation and park district, resource conservation district, association of governments, or joint powers agency whose jurisdiction is wholly or partially within the coastal zone or in the San Francisco Bay region. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  141. 2620.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. )

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    Money in the Fish and Wildlife Habitat Enhancement Fund must be available for legislative appropriation for specified conservation purposes.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2620. All money deposited in the Fish and Wildlife Habitat Enhancement Fund shall be available for appropriation by the Legislature for the following purposes: (a) Forty million dollars ($40,000,000) for expenditure by the Wildlife Conservation Board pursuant to the Wildlife Conservation Law of 1947 for the acquisition, enhancement, or development, or any combination thereof, of lands located outside the coastal zone for the preservation of resources and the management of wildlife and fisheries, in accordance with the following schedule: (1) Thirty million dollars ($30,000,000) for the acquisition, enhancement, or development, or any combination thereof, of lands for habitat for wildfowl and other wildlife benefitted by a marsh or aquatic environment. (2) Ten million dollars ($10,000,000) for the restoration of waterways for the management of fisheries and the enhancement or development, or both, of habitat for other wildlife. (b) Five million dollars ($5,000,000) for expenditure by the Wildlife Conservation Board pursuant to the Wildlife Conservation Law of 1947 for the acquisition, enhancement, or development, or any combination thereof, of lands for habitat for rare, endangered, and fully protected species. (c) Thirty million dollars ($30,000,000) for expenditure by the State Coastal Conservancy for the acquisition, enhancement, or development, or any combination thereof, of marshlands and associated and adjacent lands and the development of associated facilities and for grants to local public agencies for those purposes, in accordance with the following schedule: (1) Twenty million dollars ($20,000,000) for grants by the conservancy to local public agencies in the coastal zone and in the San Francisco Bay region for the acquisition, enhancement, or development, or any combination thereof, of marshlands and adjacent lands for habitat for wildlife benefitted by a marsh or aquatic environment and the improvement of drainage into wetlands to control or retard erosion and sedimentation, and biologically and hydrologically associated upland habitat areas. Of the amount made available pursuant to this paragraph, not less than five million dollars ($5,000,000) shall be available for grants for projects in the San Francisco Bay region. (2) Ten million dollars ($10,000,000) for expenditure by the conservancy for the purposes authorized in this subdivision. (d) Ten million dollars ($10,000,000) for expenditure by the Wildlife Conservation Board pursuant to the Wildlife Conservation Law of 1947 for the acquisition, enhancement, or development, or any combination thereof, inside the coastal zone of marshlands and adjacent lands for habitat for wildlife benefitted by a marsh or aquatic environment. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  142. 2621.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. )

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    The Wildlife Conservation Board may receive up to $100,000 per year for administering this chapter, and the board must supplement those funds if needed from other available funds.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2621. An annual amount, not to exceed one hundred thousand dollars ($100,000), may be appropriated from the funds available pursuant to subdivisions (a) and (d) of Section 2620 in the 1984–85 through 1989–90 fiscal years, in a particular amount to be determined in each annual appropriation, to the Wildlife Conservation Board for expenditure for costs incurred by the board in administering this chapter, as provided in this section. The board shall augment, as needed, any amount appropriated pursuant to this section with an appropriation from any other funds available to it. This chapter is not intended, nor shall it be construed, to authorize the Wildlife Conservation Board or the department to establish any additional personnel positions. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  143. 2622.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. )

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    Up to $250,000 per year may be appropriated to the State Coastal Conservancy for chapter administration costs during the 1984–85 through 1989–90 fiscal years.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2622. An annual amount, not to exceed two hundred fifty thousand dollars ($250,000), may be appropriated from the funds available pursuant to subdivision (c) of Section 2620 in the 1984–85 through 1989–90 fiscal years, in a particular amount to be determined in each annual appropriation, to the State Coastal Conservancy for expenditure for costs incurred by the conservancy in administering this chapter. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  144. 2623.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. )

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    Funds appropriated under this chapter cannot be used for certain Section 1353 purposes, and the State Coastal Conservancy and State Public Works Board cannot use those funds to make eminent-domain acquisitions.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2623. (a) None of the funds appropriated pursuant to this chapter may be encumbered for any purpose described in Section 1353. (b) Notwithstanding Sections 31105 and 31106 of the Public Resources Code, the State Coastal Conservancy and the State Public Works Board may not make any acquisition pursuant to the power of eminent domain with any funds appropriated pursuant to this chapter. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  145. 2624.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. )

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    Funds available under Section 2620(b) may be used only to encumber lands that are habitat subject to destruction, drastic modification, or severe curtailment of habitat values.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2624. Funds available pursuant to subdivision (b) of Section 2620 may be encumbered only for lands constituting habitat that is subject to destruction, drastic modification, or severe curtailment of habitat values. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  146. 2625.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    The Wildlife Conservation Board and the State Coastal Conservancy must set up a procedure to consider alternatives before certain land-acquisition funding is used or encumbered.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2625. No acquisition shall be undertaken with funds appropriated pursuant to Section 2620 and no grant of funds appropriated pursuant to subdivision (c) of Section 2620 shall be encumbered until all practical alternatives to direct purchase of the full fee title have been considered. The Wildlife Conservation Board and the State Coastal Conservancy shall establish a procedure to assure consideration of alternatives to direct purchase. These alternatives shall include, but not be limited to, the following: (a) Opportunities for obtaining the land through exchanges of other publicly held lands. (b) Tax considerations that may pertain to the contemplated transaction. (c) Utilization of transfers of densities and density bonuses and other available land use controls. (d) Purchase of less than full fee title. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  147. 2626.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    Certain restoration projects must be reviewed under specified Public Resources Code sections, and funds under subdivision (d) must be encumbered according to California Coastal Commission priorities; no more than $4,000,000 may be encumbered for any single acquisition project.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2626. (a) All restoration projects which involve the expenditure of funds available pursuant to subdivision (c) of Section 2620 shall be reviewed in accordance with Section 31208, 31208.5, 31258, or 31258.5 of the Public Resources Code, as applicable. (b) Funds available pursuant to subdivision (d) of Section 2620 shall be encumbered in accordance with priorities of the California Coastal Commission. (c) Of the total amount available pursuant to subdivision (d) of Section 2620, not more than four million dollars ($4,000,000) may be encumbered for any single acquisition project. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  148. 2627.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    Grant funds are subject to agreement, use, timing, and compliance limits.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 2. Habitat Enhancement Program [2620 - 2627] ( Article 2 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2627. (a) Funds granted pursuant to subdivision (c) of Section 2620 for any purpose, other than acquisition, shall not be encumbered by the recipient until the conservancy has entered into an agreement sufficient to protect the public interest in any improvements constructed pursuant to this chapter with the entity that exercises legal control of the real property on which the improvement is constructed. (b) The conservancy shall not disburse any grant until the applicant, or any other appropriate managing or operating entity, has entered into an agreement with the conservancy or its designee, or both, sufficient to assure that the property acquired, enhanced, or developed, and any improvements thereon, shall be managed and operated for the purpose for which the grant was requested. No use of the property that is incompatible with that purpose shall ever be permitted. (c) The minimum amount for which an application for an individual project may be made is fifteen thousand dollars ($15,000). (d) Every application for a grant shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (e) Notwithstanding Sections 31207 and 31257 of the Public Resources Code, funds granted pursuant to subdivision (c) of Section 2620 may be encumbered only for the acquisition, enhancement, or development, or any combination thereof, and the costs incurred by the recipient in planning, preparation of construction documents, fiscal management and accounting, and supervision of construction in connection with the project for which the grant was made. All expenditures made by a recipient of a grant shall be subject to being audited. (f) Funds granted pursuant to subdivision (c) of Section 2620 shall be available for encumbrance by the recipient for a period of three years after the date when the grant became effective. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  149. 2640.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    Up to $85 million in bonds may be issued and sold to fund chapter purposes and reimburse a state bond expense fund.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2640. Bonds in the total amount of eighty-five million dollars ($85,000,000), or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest on the bonds as the principal and interest become due and payable. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  150. 2641.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    Revenue officers must do whatever is necessary each year to collect the extra sum needed to pay bond principal and interest.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2641. There shall be collected each year and in the same manner and at the same time as other state revenue is collected such a sum in addition to the ordinary revenues of the state as shall be required to pay the principal and interest on the bonds maturing each year, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which shall be necessary to collect that additional sum. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  151. 2642.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    Money is appropriated from the General Fund for this chapter’s purposes, including annual debt service on bonds and funding needed to carry out Section 2644.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2642. There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter, such an amount as will equal the following: (a) Such sum annually as will be necessary to pay the principal and interest on bonds issued and sold pursuant to the provisions of this chapter, as principal and interest become due and payable. (b) Such sum as is necessary to carry out the provisions of Section 2644, which sum is appropriated without regard to fiscal years. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  152. 2643.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    Bond proceeds must be deposited into the Fish and Wildlife Habitat Enhancement Fund, and fund money may be spent only for the chapter’s stated purposes and only with legislative appropriation.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2643. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Fish and Wildlife Habitat Enhancement Fund, which is hereby created. The money in the fund may be expended only for the purposes specified in this chapter and only pursuant to appropriation by the Legislature in the manner prescribed in this chapter. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  153. 2644.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    The Director of Finance may authorize limited withdrawals from the General Fund for this article, and the money must later be returned with interest.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2644. For the purposes of carrying out the provisions of this article, the Director of Finance may, pursuant to appropriate authority in each annual Budget Act, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund from moneys received from the sale of bonds for the purpose of carrying out the provisions of this chapter. The withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would otherwise have been earned by those sums in the Pooled Money Investment Fund. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  154. 2644.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    The Treasurer may keep separate accounts for certain bond proceeds and earnings, and may use them to make federal rebate or similar payments, or take other actions needed to preserve the bonds’ tax-exempt status.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2644.5. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 9.)
  155. 2645.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    Proposed appropriations for the program must be included in the Budget Bill section for the program, and bond funds may not be spent under appropriations outside that section.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2645. All proposed appropriations for the program shall be included in a section in the Budget Bill for the 1984–85 fiscal year and each succeeding fiscal year for consideration by the Legislature and shall bear the caption “Fish and Wildlife Habitat Enhancement Program.” The section shall contain separate items for each project, each class of projects, or each element of the program for which an appropriation is made. All appropriations shall be subject to all limitations enacted in the Budget Act and to all fiscal procedures prescribed by law with respect to the expenditure of state funds unless expressly exempted from such laws by a statute enacted by the Legislature. The section in the Budget Act shall contain proposed appropriations only for the program elements and classes of projects contemplated by this chapter, and no funds derived from the bonds authorized by this chapter may be expended pursuant to an appropriation not contained in that section of the Budget Act. (Amended by Stats. 2001, Ch. 745, Sec. 52. Effective October 12, 2001. Note: This section was added by Stats. 1984, Ch. 6, and approved in Prop. 19 on June 5, 1984.)
  156. 2646.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    Bonds authorized by this chapter must be handled under the State General Obligation Bond Law.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2646. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3, Division 4, Title 2 of the Government Code), and all of the provisions of that law are applicable to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full herein. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  157. 2647.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    This section creates the Wildlife Habitat Enhancement Program Finance Committee for bond issuance and sale purposes and names its members.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2647. Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 1 of Division 4 of Title 2 of the Government Code), of the bonds authorized by this chapter, the Wildlife Habitat Enhancement Program Finance Committee is hereby created. The committee consists of the Controller, the Director of Finance, and the Treasurer. For purposes of this chapter, this committee is “the committee” as that term is used in the State General Obligation Bond Law, and the Treasurer shall serve as chairman of the committee. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  158. 2648.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    Money in the fund that comes from bond premiums and accrued interest must be kept in the fund and may be transferred to the General Fund to credit bond-interest expenditures.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2648. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  159. 2649.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    Starting with the Budget Bill for the 1995-96 fiscal year, the Legislature may appropriate the remaining balance in the fund for expenditure.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2649. Commencing with the Budget Bill for the 1995-96 fiscal year, the balance remaining in the fund may be appropriated by the Legislature for expenditure, without regard to the maximum amounts allocated to each element of the program, for any or all elements of the program specified in Section 2620, or any class or classes of projects within those elements that the Legislature deems to be of the highest priority. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  160. 265.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. )

    Verify source ↗

    Regulations covered by this article are exempt from certain Government Code time periods for adopting, amending, or repealing regulations.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. ) ## 265. A regulation governed by this article is not subject to the time periods for the adoption, amendment, or repeal of a regulation prescribed in Sections 11343.4, 11346.4, 11346.8, and 11347.1 of the Government Code. (Added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.)
  161. 2650.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    The Legislature declares that bond-sale proceeds under this chapter are not “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2650. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  162. 2651.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. )

    Verify source ↗

    This section says the chapter stays in force even if one provision or its application is held invalid.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 [2600 - 2651] ( Chapter 7 added by Stats. 1984, Ch. 6, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [2640 - 2651] ( Article 3 added by Stats. 1984, Ch. 6, Sec. 1. ) ## 2651. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable. (Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
  163. 27.

    ## 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 ↗

    “Chumming” means putting fish or other fish food into the water to attract fish to a spot so they can be taken.

    ## 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. ) ## 27. “Chumming” means the placing in the water of fish, or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken. (Amended by Stats. 2015, Ch. 154, Sec. 3. (AB 1527) Effective January 1, 2016.)
  164. 270.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. )

    Verify source ↗

    A regulation under this article takes effect when the regulation says, but never before it is filed.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. ) ## 270. The adoption, amendment, or repeal of a regulation governed by this article shall become effective at the time specified in the regulation, but not sooner than the date of the filing. (Added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.)
  165. 2700.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 1. General Provisions [2700 - 2702] ( Article 1 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This chapter is known as the Wildlife and Natural Areas Conservation Act and may be cited by that name.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 1. General Provisions [2700 - 2702] ( Article 1 added June 7, 1988, by initiative Proposition 70. ) ## 2700. This chapter shall be known and may be cited as the Wildlife and Natural Areas Conservation Act. (Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
  166. 2701.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 1. General Provisions [2700 - 2702] ( Article 1 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This section says habitat is fundamental to healthy fish and wildlife populations and states that the department has the principal responsibility for protecting, conserving, and perpetuating native fish, plants, and wildlife.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 1. General Provisions [2700 - 2702] ( Article 1 added June 7, 1988, by initiative Proposition 70. ) ## 2701. (a) The fundamental requirement for healthy, vigorous populations of fish and wildlife is habitat. Without adequate habitat, efforts to conserve and manage fish and wildlife resources will have limited success. Further, California contains the greatest diversity of wildlife and plant species of virtually any state in the nation. This rich natural heritage enables Californians to enjoy a great variety of recreational, aesthetic, ecological, and other uses and benefits of these biological resources. The public interest is served only by ensuring that these resources are preserved, protected, and propagated for this and future generations. (b) Many of California’s wildlife, fish, and plant species and biological communities are found nowhere else on earth. Without adequate protection and management, rare native species and communities could easily become extinct. In that event, the benefits they provide to the people of California, whether presently realized or which remain to be discovered, will be lost forever, and California will be significantly poorer as a result. (c) The people of California have vested in the department the principal responsibility for protecting, conserving, and perpetuating native fish, plants, and wildlife, including endangered species and game animals, for their aesthetic, intrinsic, ecological, educational, and economic values. To help accomplish this goal, the people of California have further established a significant natural areas program and a natural diversity database in the department, which is charged with maintaining and perpetuating California’s most significant natural areas for present and future generations. To ensure the perpetuation of areas containing uncommon elements of natural diversity and to ensure the continued abundance of habitat for more common species, especially examples of those that are presently threatened with destruction, the purchase of land is often necessary. (d) Accordingly, the purpose of this chapter is to provide the Wildlife Conservation Board and the department the financial means to correct the most severe deficiencies in wildlife habitat and in the statewide system of areas designated for the preservation of California’s natural diversity through a program of acquisition, enhancement, restoration, and protection of areas that are most in need of proper conservation. (Amended by Stats. 2015, Ch. 154, Sec. 56. (AB 1527) Effective January 1, 2016. Note: This section was added on June 7, 1988, by initiative Prop. 70.)
  167. 2702.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 1. General Provisions [2700 - 2702] ( Article 1 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    This section defines terms used in the chapter, including “acquisition,” “fund,” “highly rare,” “natural community,” and “species.”

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 1. General Provisions [2700 - 2702] ( Article 1 added June 7, 1988, by initiative Proposition 70. ) ## 2702. As used in this chapter, the following terms have the following meanings: (a) “Acquisition” means the acquiring of any interest in real property. (b) “Fund” means the Wildlife and Natural Areas Conservation Fund created pursuant to Section 2720. (c) “Highly rare” means a worldwide rarity in which any species or natural community occurs in 50 or fewer locations, irrespective of whether the species or any species in the community is listed as threatened or endangered or was previously listed as rare. (d) “Natural community” means a distinct, identifiable, and recurring association of plants and animals that are ecologically interrelated. (e) “Species” means the fundamental biological unit of plant and animal classification that comprises a subdivision of a genus, but for the purposes of this chapter, “species” also includes the unit of a subspecies. (Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
  168. 2720.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Money covered by this section must be deposited into the Wildlife and Natural Areas Conservation Fund, and money in the fund may be appropriated by the Legislature to the Wildlife Conservation Board for specified conservation programs.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. ) ## 2720. Moneys available for the purposes of this chapter pursuant to Chapter 4 (commencing with Section 5930) of Division 5.8 of the Public Resources Code shall be deposited in the Wildlife and Natural Areas Conservation Fund, which is hereby created. Money deposited in the fund shall be available for appropriation by the Legislature to the Wildlife Conservation Board, for expenditure pursuant to the Wildlife Conservation Law of 1947, for the following programs: (a) Forty-one million dollars ($41,000,000) for the preservation of highly rare examples of the state’s natural diversity through the acquisition, enhancement, restoration, or protection, or a combination thereof, of lands supporting California’s unique, fragile, threatened, or endangered plants, animals, and natural communities. (b) Six million dollars ($6,000,000) for the acquisition, enhancement, restoration, or protection, or a combination thereof, of critical habitat areas for fish, game mammals, and game birds, including, but not limited to, the following types: (1) Winter deer ranges. (2) Wild trout or steelhead nursery and spawning areas. (3) Significant routes of migration for wildlife. (4) Breeding, nesting, and forage areas for sage grouse and other upland game birds. For purposes of this subdivision, “enhancement” includes the construction or development of facilities for furnishing public access to lands or waters open to the public for fishing, hunting, or shooting. (c) Three million dollars ($3,000,000) for the acquisition, enhancement, restoration, or protection, or any combination thereof, of lands providing habitat for threatened, endangered, or fully protected species, such as the bald eagle, San Joaquin kit fox, desert tortoise, bighorn sheep, peregrine falcon, and California condor. (Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
  169. 2721.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Funds under Section 2720(a) must be spent to acquire, enhance, restore, or protect California lands that contain certain rare species or natural communities.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. ) ## 2721. Funds available pursuant to subdivision (a) of Section 2720 shall be expended to acquire, enhance, restore, or protect lands in California on which any of the following naturally exists: (a) A unique species or natural community, whose existence at a single location in California is the only known occurrence in the world of that particular species or natural community. (b) A species that occurs in only 20 or fewer locations in the world, at least one of which is in California. (c) A natural community that occurs in only 50 or fewer locations in the world, at least one of which is in California. (d) An assemblage of three or more highly rare species or natural communities, or any combination thereof, of which at least one of the species or natural communities is found only in 20 or fewer locations in the world. (Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
  170. 2722.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    When Section 2721 leaves two or more land parcels equally ranked, the parcel with the more threatened or more endangered species gets preference; if threat levels are also equal, preference goes to the parcel with the best example of the species.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. ) ## 2722. (a) Whenever the application of the criteria specified in Section 2721 results in the identification of two or more parcels of land that are essentially indistinguishable as to their quality, preference shall be given to the parcel on which exists the species that is more threatened or more endangered. (b) Whenever the application of the criteria specified in Section 2721 results in the identification of two or more parcels of land that are essentially indistinguishable as to their quality and the degree of threat to, or endangerment of, the species existing on them, preference shall be given to the parcel on which exists the best example of the species. As used in this subdivision, “best example” means the parcel of land and the wildlife inhabiting it which, in balancing all the factors present, represents, as determined by the board, the stronger combination of all of the following: the better condition, higher quality, easier defensibility, greater likelihood of long-term viability, and the lesser costs to be incurred by the department in operating and maintaining the parcel. (Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
  171. 2723.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    No more than $5 million may be used for a single acquisition project, and extra costs may be covered by donations or other public or private funds.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. ) ## 2723. (a) Of the total amount available pursuant to subdivision (a) of Section 2720, not more than five million dollars ($5,000,000) may be encumbered for any single acquisition project. In enacting this limitation, the people of California recognize that there are a number of important projects meeting the criteria of this chapter but whose acquisition cost would most likely exceed this limitation. Therefore, in these instances any acquisition cost in excess of this limitation may be met by a donation by the owner, donations of funds from private sources, or other funds from state or nonstate sources. (b) The qualification for or allocation of a grant or grants to a local agency under Section 2720 shall not preclude eligibility for an additional allocation of grant funds to the same local agency pursuant to Section 2720 of this code or Section 5907 of the Public Resources Code. (Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
  172. 2724.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    When choosing among parcels, the parcel with the lowest operating-and-maintenance cost to the department should be preferred; available funds may be used only for habitat lands facing destruction, drastic modification, or significant loss of habitat values.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. ) ## 2724. (a) In choosing among two or more parcels of land to be acquired, enhanced, restored, or protected with funds available pursuant to subdivision (b) or (c) of Section 2720, preference shall be given to acquiring, enhancing, restoring, or protecting the parcel that will result in the least cost to the department for operating and maintaining the land. (b) Funds available pursuant to subdivisions (b) and (c) of Section 2720 may be encumbered only for lands which constitute habitat that is subject to destruction, drastic modification, or significant curtailment of habitat values. (Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
  173. 2725.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Funds under this chapter must not be used for lands that are too degraded to sustain plants or wildlife or to protect a natural community long term.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. ) ## 2725. No funds available pursuant to this chapter shall be encumbered for any lands that, due to their degraded character, will not sustain plants or wildlife or will not afford protection to a natural community on a long-term basis. (Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
  174. 2726.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Funds for certain conservation lands may not be encumbered until the Wildlife Conservation Board determines Chapter 7 funds are not likely to be available.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. ) ## 2726. With respect to any lands which may be acquired, enhanced, restored, or protected with funds under this chapter and which could also be eligible for funds under Chapter 7 (commencing with Section 2600), funds under this chapter shall not be encumbered for those lands until it is determined by the Wildlife Conservation Board that funds are not likely to be available for those lands under that Chapter 7. (Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
  175. 2727.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    Funds in this chapter may not be encumbered for purposes covered by Section 1353 of the Fish and Game Code.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. ) ## 2727. No funds available for appropriation under this chapter may be encumbered for any purpose described in Section 1353 of the Fish and Game Code. (Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
  176. 2728.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    An annual appropriation of up to $350,000 may be made from the fund for certain wildlife and natural areas conservation administration costs during specified fiscal years.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. ) ## 2728. An annual amount, not to exceed three hundred fifty thousand dollars ($350,000) may be appropriated from the fund in the 1988–89 through 1998–99 fiscal years, in an amount to be determined in each annual appropriation, to the Wildlife Conservation Board for expenditure for costs incurred by the board and the department in administering this chapter, including, but not limited to, preacquisition studies, planning, appraisals, surveys, and closing costs. The Wildlife Conservation Board and the department may augment, as needed, any amount thus appropriated with any funds appropriated to it from any other source. (Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
  177. 2729.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. )

    Verify source ↗

    The Wildlife Conservation Board and the department must use contract staff whenever possible to administer this chapter, and any contracts must follow the specified Government Code sections and be limited to the minimum time needed for the project.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7.5. Wildlife and Natural Areas Conservation Program [2700 - 2729] ( Chapter 7.5 added June 7, 1988, by initiative Proposition 70, a bond act. ) ## ARTICLE 2. Habitat Conservation Program [2720 - 2729] ( Article 2 added June 7, 1988, by initiative Proposition 70. ) ## 2729. (a) For the purpose of administering this chapter, the Wildlife Conservation Board and the department shall augment its existing staff, whenever possible, by contracting for those services necessary for the administration of this chapter. Any contract shall, however, be entered into only pursuant to Sections 19130 to 19132, inclusive, of the Government Code and shall be only for the minimum period necessary for completion of the particular project or projects for which the contract was entered into. (b) Due to the limited duration of the program authorized by this chapter, in the event some services cannot be provided by contract, any personnel directly hired by the Wildlife Conservation Board for the administration of this chapter shall be hired, to the extent permitted by Article 2 (commencing with Section 19080) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, as limited-term appointments. (Amended by Stats. 2015, Ch. 154, Sec. 57. (AB 1527) Effective January 1, 2016. Note: This section was added on June 7, 1988, by initiative Prop. 70.)
  178. 275.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. )

    Verify source ↗

    A regulation under this article stays in force for the time stated in the regulation, unless the commission later replaces it or a statute does.

    ## 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 2. Procedure [250 - 275] ( Article 2 repealed and added by Stats. 2016, Ch. 546, Sec. 18. ) ## 275. A regulation governed by this article shall remain in effect for the period specified in the regulation or until superseded by subsequent regulation of the commission or by statute. (Added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.)
  179. 2760.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. )

    Verify source ↗

    This chapter is named the Keene-Nielsen Fisheries Restoration Act of 1985 and may be cited by that name.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. ) ## 2760. This chapter shall be known and may be cited as the Keene-Nielsen Fisheries Restoration Act of 1985. (Amended by Stats. 1986, Ch. 867, Sec. 1.)
  180. 2761.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. )

    Verify source ↗

    The Legislature states policy findings about declining fish and wildlife resources and says California intends to make reasonable efforts to prevent further declines, restore resources where possible, and improve stream habitat for salmon and steelhead trout.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. ) ## 2761. The Legislature finds and declares as follows: (a) Many of California’s significant fish and wildlife resources in inland and coastal waters have declined as the result of many development projects which have provided valuable economic growth. (b) Fish and wildlife have been adversely affected by water developments that have significantly altered water flows in many of California’s rivers and streams, thereby affecting fish and wildlife, their habitat, adjacent riparian habitat, spawning areas, and migration routes. (c) Fish and wildlife are important public resources with significant economical, environmental, recreational, aesthetic, and educational values. (d) California intends to make reasonable efforts to prevent further declines in fish and wildlife, to restore fish and wildlife to historic levels where possible, and to enhance fish and wildlife resources where possible. (e) Protection of, and an increase in, the naturally spawning salmon and steelhead trout resources of the state would provide a valuable public resource to the residents, a large statewide economic benefit, and would, in addition, provide employment opportunities not otherwise available to the citizens of this state, particularly in rural areas of underemployment. (f) The protection of, and increase in, the naturally spawning salmon and steelhead trout resources of the state should be accomplished primarily through the improvement of stream habitat. (g) The Salmon, Steelhead Trout, and Anadromous Fisheries Program Act (Ch. 8 (commencing with Sec. 6900), Pt. 1, Div. 6), declares that it is the policy of the state to increase the state’s salmon and steelhead trout resources, and directs the department to develop a plan and program that strives to double the salmon and steelhead trout resources. (Amended by Stats. 1990, Ch. 1671, Sec. 1.)
  181. 2762.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. )

    Verify source ↗

    The department may spend Fisheries Restoration Account money on listed restoration projects, but only under the stated limits and waiting periods.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. ) ## 2762. (a) The Fisheries Restoration Account is hereby created in the Fish and Game Preservation Fund. The moneys in the Fisheries Restoration Account are hereby appropriated to the department for expenditure in fiscal years 1991–92 to 1993–94, inclusive, pursuant to subdivision (b). (b) The moneys in the Fisheries Restoration Account may be expended for the construction, operation, and administration of projects designated in the plan developed by the department in accordance with the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act (Ch. 8 (commencing with Sec. 6900), Pt. 1, Div. 6), and projects designed to restore and maintain fishery resources and their habitat that have been damaged by past water diversions and projects and other development activities. Expenditures shall not be authorized for a project to be funded under this subdivision before a date which is 30 days after the department has furnished a copy of the proposal for the project to be funded, together with supporting descriptions, to the Joint Committee on Fisheries and Aquaculture and to the Joint Legislative Budget Committee. These projects shall have as their primary objective the restoration of fishery resources identified in the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act. Projects may include, but shall not be limited to, watershed assessments, fisheries restoration planning, acquisition of lands, restoration of habitat, restoration or creation of spawning areas, construction of fish screens or fish ladders, stream rehabilitation, and installation of pollution control facilities. Projects for restoration or creation of spawning areas shall utilize natural spawning rather than hatcheries to the extent possible. Under no circumstances shall any water project be absolved under this subdivision of any mitigation requirements which are placed upon it under existing law. No land shall be acquired pursuant to this chapter by eminent domain proceedings. (c) Priority for funding shall be given to projects that employ fishermen, fish processing workers, and others who are unemployed or underemployed due to the elimination of a commercial fishing season as a result of restrictions imposed by federal regulations. This priority shall remain in effect only as long as those restrictions are in force. (d) Expenditures shall not be authorized for multiyear projects funded under subdivision (b) before a date which is 30 days after the department has submitted an annual progress report on the project and a copy of the work schedule for subsequent year funding of the project to the Joint Committee on Fisheries and Aquaculture and to the Joint Legislative Budget Committee. (e) The department shall conduct a preproject and postproject evaluation on each project recommended in the plan and program developed by the department in accordance with the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act for which money has been appropriated from the Fisheries Restoration Account. (f) The department may expend not more than 5 percent of the funds annually appropriated from the Fisheries Restoration Account for the administration of projects. (g) The department may contract for services for the purpose of conducting a preproject and postproject evaluation or for the administration of projects. (h) The department shall, during the last fiscal year of funding, conduct a review of all previous and ongoing projects to determine if the elements of the plan and program developed by the department pursuant to the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act are being met, including the goal of doubling the 1988 population of salmon and steelhead trout, as declared in Section 6902. (Amended by Stats. 1993, Ch. 617, Sec. 3. Effective October 1, 1993.)
  182. 2762.2.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. )

    Verify source ↗

    The department may advance partial funding of up to 50% of the contracted amount to contractors for certain projects if the director finds the organization meets specified requirements.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. ) ## 2762.2. The department may advance partial finding, of up to 50 percent of the amount contracted for, to contractors for projects under subdivision (b) of Section 2762 if the director finds the organization meets all of the following requirements: (1) It has a previously demonstrated record of successfully completing one or more fishery restoration projects funded under contract with the department. (2) It utilizes generally accepted accounting procedures. (3) It demonstrates that the project can be accomplished more efficiently and economically with partial funding advanced at the initiation of the project. (Added by Stats. 1987, Ch. 937, Sec. 1.)
  183. 2762.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. )

    Verify source ↗

    The department may use money from the Fisheries Restoration Account, but only if the Legislature appropriates it, to cover administrative costs of the Advisory Committee on Salmon and Steelhead Trout.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. ) ## 2762.5. In addition to subdivision (b) of Section 2762, the moneys in the Fisheries Restoration Account may be expended, upon appropriation by the Legislature, by the department to fund the administrative costs of the Advisory Committee on Salmon and Steelhead Trout. (Added by Stats. 1986, Ch. 212, Sec. 1. Effective June 27, 1986.)
  184. 2762.6.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. )

    Verify source ↗

    The department must, after consulting the Advisory Committee on Salmon and Steelhead Trout, allocate the appropriated money needed to pay the committee’s costs.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. ) ## 2762.6. The department shall, after consultation with the Advisory Committee on Salmon and Steelhead Trout, allocate that amount of moneys appropriated to the department from the Public Resources Account in the Cigarette and Tobacco Products Surtax Fund which the department determines to be necessary to pay the costs for the advisory committee. (Added by Stats. 1989, Ch. 1400, Sec. 4. Effective October 2, 1989.)
  185. 2763.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. )

    Verify source ↗

    The director must consult specified agencies and commissions when deciding which projects to fund under Section 2762.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. ) ## 2763. The director shall consult with the Resources Agency, the Department of Water Resources, the State Water Resources Control Board, the State Coastal Conservancy, the San Francisco Bay Conservation and Development Commission, and the California Coastal Commission in determining projects proposed for funding pursuant to Section 2762. (Added by Stats. 1985, Ch. 1236, Sec. 1. Effective September 30, 1985.)
  186. 2764.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. )

    Verify source ↗

    The director must consult with responsible state agencies and fishery advisory committees when developing projects funded under Section 2762.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. ) ## 2764. The director shall consult with other responsible state agencies and appropriate fishery advisory committees, including, but not limited to, the Advisory Committee on Salmon and Steelhead Trout and the Striped Bass Stamp Advisory Committee, in developing projects to be funded pursuant to Section 2762. (Added by Stats. 1985, Ch. 1236, Sec. 1. Effective September 30, 1985.)
  187. 2765.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. )

    Verify source ↗

    When the California Water Commission recommends funding for water projects to Congress, it must include recommendations for studies, programs, and facilities needed to fix fish and wildlife problems caused by federal water facilities and operations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Fisheries Restoration [2760 - 2765] ( Chapter 8 added by Stats. 1985, Ch. 1236, Sec. 1. ) ## 2765. The California Water Commission, in any recommendation it may make to the Congress of the United States on funding for water projects, shall include recommendations for studies, programs, and facilities necessary to correct fish and wildlife problems caused, fully or partially, by federal water facilities and operation, including, but not limited to, all of the following: (a) The Red Bluff Dam. (b) The Trinity and Lewiston Dams. (c) The facilities necessary to protect wildlife areas in the Suisun Marsh and the Sacramento-San Joaquin Delta from adverse water quality effects caused by the federal Central Valley Project. (d) The Kesterson Reservoir and the San Luis Drain. (Amended by Stats. 2006, Ch. 538, Sec. 183. Effective January 1, 2007.)
  188. 2780.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 1. General Provisions [2780 - 2781] ( Article 1 added June 5, 1990, by initiative Proposition 117. )

    Verify source ↗

    All state officials must implement this chapter as fully as their authority allows.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 1. General Provisions [2780 - 2781] ( Article 1 added June 5, 1990, by initiative Proposition 117. ) ## 2780. The people of California find and declare all of the following: (a) Protection, enhancement, and restoration of wildlife habitat and fisheries are vital to maintaining the quality of life in California. As the state’s human population increases, there is an urgent need to protect the rapidly disappearing wildlife habitats that support California’s unique and varied wildlife resources. (b) Much of the state’s most important deer winter ranges have been destroyed in the last 20 years. (c) Critical winter ranges of migratory deer in the Sierra Nevada and Cascade mountain ranges are increasingly subject to incompatible land uses. In some counties, over 80 percent of the critical winter ranges fall on these lands. The potential for incompatible land uses on these lands is a major threat to the survival of many migratory deer herds. (d) Deer, mountain lion, and other wildlife habitat within the Sierra Nevada, Cascade, Coast Range (including the Santa Lucia Mountains in Monterey County along the Central Coast), Siskiyou and Klamath Mountains; and the Santa Susana, Simi Hills, Santa Monica, San Gabriel, San Bernardino, San Jacinto, Santa Ana and other mountains and foothill areas within southern California, is disappearing rapidly. Small and often isolated wildlife populations are forced to depend upon these shrinking habitat areas within the heavily urbanizing areas of this state. Corridors of natural habitat must be preserved to maintain the genetic integrity of California’s wildlife. (e) This chapter shall be implemented in the most expeditious manner. All state officials shall implement this chapter to the fullest extent of their authority in order to preserve, maintain, and enhance California’s diverse wildlife heritage and the habitats upon which it depends. (Added June 5, 1990, by initiative Proposition 117.)
  189. 2781.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 1. General Provisions [2780 - 2781] ( Article 1 added June 5, 1990, by initiative Proposition 117. )

    Verify source ↗

    The provision states California’s policy that wildlife and fisheries conservation is in the public interest and that more funding is needed to protect natural resources and habitats.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 1. General Provisions [2780 - 2781] ( Article 1 added June 5, 1990, by initiative Proposition 117. ) ## 2781. The people of California find and declare that wildlife and fisheries conservation is in the public interest and that it is necessary to keep certain lands in open space and natural condition to protect significant environmental values of wildlife and native plant habitat, riparian and wetland areas, native oak woodlands, and other open-space lands, and to provide opportunities for the people of California to appreciate and visit natural environments and enjoy California’s unique and varied fish and wildlife resources. It is the intent of the people, in enacting this chapter, that additional funds are needed to protect fish, wildlife, and native plant resources and that the Legislature should provide those funds through bond acts and other appropriate sources. (Added June 5, 1990, by initiative Proposition 117.)
  190. 2785.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. )

    Verify source ↗

    This section defines several terms used in the chapter, including “acquisition,” “Board,” “Fund,” “local agency,” “riparian habitat,” “Southern California,” and “wetlands.”

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. ) ## 2785. The following definitions govern the construction of this chapter: (a) “Acquisition” includes but is not limited to, gifts, purchases, leases, easements, the exercise of eminent domain if expressly authorized, the transfer or exchange of property for other property of like value, transfers of development rights or credits, and purchases of development rights and other interests. (b) “Board” means the Wildlife Conservation Board. (c) “Fund” means the Habitat Conservation Fund created by Section 2786. (d) “Local agency” means a city, county, city and county, or a district as defined in subdivision (b) of Section 5902 of the Public Resources Code. (e) “Riparian habitat” means lands which contain habitat which grows close to and which depends upon soil moisture from a nearby freshwater source. (f) “Southern California” means the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura. (g) “Wetlands” means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. (Added June 5, 1990, by initiative Proposition 117.)
  191. 2786.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. )

    Verify source ↗

    Money in the Habitat Conservation Fund must be used only for specified habitat conservation purposes, unless Section 2787(a)(3) expressly provides otherwise.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. ) ## 2786. Except as otherwise expressly provided in paragraph (3) of subdivision (a) of Section 2787, the money in the Habitat Conservation Fund, which is hereby created, shall be used for the following purposes: (a) The acquisition of habitat, including native oak woodlands, necessary to protect deer and mountain lions. (b) The acquisition of habitat to protect rare, endangered, threatened, or fully protected species. (c) The acquisition of habitat to further implement the Habitat Conservation Program pursuant to Article 2 (commencing with Section 2721) excepting Section 2722 and subdivision (a) of Section 2723, and Sections 2724 and 2729. (d) The acquisition, enhancement, or restoration of wetlands. (e) The acquisition, restoration, or enhancement of aquatic habitat for spawning and rearing of anadromous salmonids and trout resources. (f) The acquisition, restoration, or enhancement of riparian habitat. (Added June 5, 1990, by initiative Proposition 117.)
  192. 2787.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. )

    Verify source ↗

    This section divides money from the fund among several California agencies and purposes, including park, conservation, and wildlife projects, and it sets an operative date and repeal date for the section.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. ) ## 2787. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated, without regard to fiscal years, as follows: (a) To the Department of Parks and Recreation, four million five hundred thousand dollars ($4,500,000) annually for allocation as follows: (1) One million five hundred thousand dollars ($1,500,000) for projects that are located in the Santa Lucia Mountain Range in Monterey County for expenditure by the Department of Parks and Recreation and for grants to the Monterey Peninsula Regional Park District. (2) One million dollars ($1,000,000) for acquisitions in, and adjacent to, units of the state park system. (3) Two million dollars ($2,000,000) for 50 percent matching grants to local agencies for projects meeting the purposes specified in Section 2786 and, additionally, for the acquisition of wildlife corridors and urban trails, nature interpretation programs, and other programs that bring urban residents into park and wildlife areas. The grants made pursuant to this subdivision are subject to the conditions of subdivision (d) of Section 5910, and Sections 5917 and 5919, of the Public Resources Code, as nearly as may be practicable. (b) To the State Coastal Conservancy, four million dollars ($4,000,000) annually. (c) To the Santa Monica Mountains Conservancy, five million dollars ($5,000,000) annually for the next 10 fiscal years, commencing with the 1990–91 fiscal year. The money shall be used for the purposes specified in Section 2786 for wildlife habitat, and for related open-space projects, within the Santa Monica Mountains Zone, the Rim of the Valley Corridor, and the Santa Clarita Woodlands. Of the total amount appropriated pursuant to this subdivision, not less than a total of ten million dollars ($10,000,000) shall be spent within the Santa Susana Mountains and the Simi Hills, and not less than a total of ten million dollars ($10,000,000) shall be spent within the Santa Clarita Woodlands. These funds shall be expended in accordance with Division 23 (commencing with Section 33000) of the Public Resources Code during the operative period of this section as specified in subdivision (f) and in Section 2797. The Legislature may, by statute, extend the period for expenditure of the funds provided by this subdivision. (d) To the California Tahoe Conservancy, five hundred thousand dollars ($500,000) annually. (e) To the board, the balance of the fund. (f) This section shall become operative on July 1, 1990, and, as of July 1, 2035, is repealed, unless a later enacted statute, which becomes effective on or before July 1, 2035, deletes or extends that date. (Amended by Stats. 2025, Ch. 317, Sec. 1. (SB 427) Effective January 1, 2026. Repealed as of July 1, 2035, by its own provisions.)
  193. 2788.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. )

    Verify source ↗

    Money in the fund is continuously appropriated to the board, regardless of fiscal years, but this section becomes operative only if Section 2787 is repealed.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. ) ## 2788. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated, without regard to fiscal years, to the board. This section shall become operative only if, and on the date that, Section 2787 is repealed. (Added June 5, 1990, by initiative Proposition 117. Section operative, by its own provisions, on July 1, 2020, upon repeal of Section 2787.)
  194. 2789.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. )

    Verify source ↗

    Agencies spending money from the fund must prefer projects that create habitat corridors in areas where habitat is isolated or fragmented.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. ) ## 2789. In areas where habitats are or may become isolated or fragmented, preference shall be given by the agencies expending money from the fund to projects which will serve as corridors linking otherwise separated habitat so that the genetic integrity of wildlife populations will be maintained. (Added June 5, 1990, by initiative Proposition 117.)
  195. 2790.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. )

    Verify source ↗

    Agencies that receive money from the fund under Section 2787 must report yearly to the board by July 1 on how much they spent and why. The board may prescribe what information those reports must include.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. ) ## 2790. Each agency receiving money from the fund pursuant to Section 2787 shall report to the board on or before July 1 of each year the amount of money that was expended and the purposes for which the money was expended. The board shall prescribe the information in the agencies reports that it determines is necessary to carry out the requirements of Section 2791. (Added June 5, 1990, by initiative Proposition 117.)
  196. 2791.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. )

    Verify source ↗

    The board must spend money from the fund under specific allocation limits and regional distribution rules.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. ) ## 2791. The board shall expend the money appropriated to it from the fund subject to the following conditions: (a) Not more than one and one-half (11/2) percent shall be expended for administration of this chapter. (b) The board shall, to the extent practicable, expend the money in a manner and for projects so that, within each 24-month period, approximately one-third of the total expenditures of the money in the fund, including, until July 1, 2035, the expenditures by the agencies receiving money from the fund pursuant to subdivisions (a) to (d), inclusive, of Section 2787, are expended for the purposes specified in subdivision (a) of Section 2786 and approximately two-thirds of the total expenditures of the money in the fund, including, until July 1, 2035, the expenditures by the agencies receiving money from the fund pursuant to subdivisions (a) to (d), inclusive, of Section 2787, are expended for the purposes specified in subdivisions (b) and (c) of Section 2786. (c) Notwithstanding the requirement for acquisition in subdivisions (a), (b), and (c) of Section 2786, the board shall, to the extent practicable, expend the money in the fund in a manner and for projects so that, within each 24-month period, approximately six million dollars ($6,000,000) of the money, including, until July 1, 2035, the expenditures by the agencies receiving money from the fund pursuant to subdivisions (a) to (d), inclusive, of Section 2787, are expended for the purposes specified in subdivision (d) of Section 2786. (d) Notwithstanding the requirement for acquisition in subdivisions (a), (b), and (c) of Section 2786, the board shall, to the extent practicable, expend the money in the fund in a manner and for projects so that, within each 24-month period, approximately six million dollars ($6,000,000) of the money, including, until July 1, 2035, the expenditures by the agencies receiving money from the fund pursuant to subdivisions (a) to (d), inclusive, of Section 2787, are expended for the purposes specified in subdivision (e) and (f) of Section 2786. (e) To the extent practicable, the board shall expend the money appropriated to it from the fund in a manner and for projects so that, within each 24-month period, approximately one-half of the total expenditures of the money in the fund, including, until July 1, 2035, the expenditures by the agencies receiving money from the fund pursuant to subdivisions (a) to (d), inclusive, of Section 2787, are expended in northern California and approximately one-half in southern California. (f) Subject to the other requirements of this section, the board may allocate not more than two million dollars ($2,000,000) annually for the purposes of this chapter to one or more state agencies created by the Legislature or the people that are authorized by other provisions of law to expend funds for the purposes of this chapter. (Amended by Stats. 2025, Ch. 317, Sec. 2. (SB 427) Effective January 1, 2026.)
  197. 2792.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. )

    Verify source ↗

    If the agency named in Section 2787 no longer exists or cannot use the appropriated funds, the board or its successor agency must spend those funds for the same purpose.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. ) ## 2792. If any agency designated in Section 2787 ceases to exist, or is otherwise unable to expend the funds appropriated by Section 2787 to that agency for the period specified, the board or its successor agency shall expend the same funds for the same purpose. (Added June 5, 1990, by initiative Proposition 117.)
  198. 2793.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. )

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    Certain state and local agencies must use the California Conservation Corps and local community conservation corps for qualifying environmental projects, as far as practicable.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. ) ## 2793. The board and any other state or local agency that expends any funds appropriated from the fund on environmental enhancement, restoration, or improvement projects shall utilize the services of the California Conservation Corps and local community conservation corps to the extent practicable. (Added June 5, 1990, by initiative Proposition 117.)
  199. 2794.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. )

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    A state or local agency managing lands bought with appropriated fund money must prepare a management plan with full public participation.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. ) ## 2794. In implementing this chapter, the state or local agency that manages lands acquired with funds appropriated from the fund shall prepare, with full public participation, a management plan for lands that have been acquired, which plan shall reasonably reduce possible conflicts with neighboring land use and landowners, including agriculturists. The plans shall comply with the California Environmental Quality Act (Division 21 (commencing with Section 21000) of the Public Resources Code). (Added June 5, 1990, by initiative Proposition 117.)
  200. 2795.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. )

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    The Controller must transfer 10% of the funds in the Unallocated Account in the Cigarette and Tobacco Products Surtax Fund to the Habitat Conservation Fund every year.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 9. California Wildlife Protection Act of 1990 [2780 - 2799.6] ( Chapter 9 added June 5, 1990, by initiative Proposition 117, Sec. 2. ) ## ARTICLE 2. California Wildlife Protection [2785 - 2799.6] ( Article 2 added June 5, 1990, by initiative Proposition 117. ) ## 2795. (a) The Controller shall annually transfer 10 percent of the funds in the Unallocated Account in the Cigarette and Tobacco Products Surtax Fund to the Habitat Conservation Fund. (b) No additional allocation of funds from that account shall be made by the Legislature for purposes of this chapter or for any other natural resource or environmental protection program. (Added June 5, 1990, by initiative Proposition 117.)

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