Fish and Game Code — Part 6 | FGC — United States — California law | Esheria

Fish and Game Code

Part 6 of 12 · provisions 1,001–1,200

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

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Provisions of Fish and Game Code

Showing 200 of 2,275

  1. 2796.

    ## 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 $30 million annually from the General Fund to the Habitat Conservation Fund, with specified offsets and exclusions.

    ## 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. ) ## 2796. (a) The Controller shall annually transfer the sum of thirty million dollars ($30,000,000) from the General Fund to the Habitat Conservation Fund, less any amount transferred to the Habitat Conservation Fund from, but not limited to, the following accounts and funds: (1) The Public Resources Account in the Cigarette and Tobacco Products Surtax Fund to the extent authorized by the Tobacco Tax and Health Protection Act of 1988. (2) The Unallocated Account in the Cigarette and Tobacco Products Surtax Fund pursuant to subdivision (a) of Section 2795. (3) The California Environmental License Plate Fund. (4) The Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account in the Fish and Game Preservation Fund. (5) Any other non-General Fund accounts and funds created by the Legislature or the people for purposes that are consistent with the purposes of this act. (6) Any bond funds that are authorized by the people after July 1, 1990, that may be used for purposes that are identical to the purposes specified in Section 2786. (7) The Wildlife Restoration Fund. (b) Except for transfers from the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account, transfers from the Fish and Game Preservation Fund are not transfers for purposes of subdivision (a) and shall not be made to the fund. Transfers of federal, local, or privately donated funds or transfers from the State Coastal Conservancy Fund pursuant to Section 31011 of the Public Resources Code to the fund are not transfers for purposes of subdivision (a). (c) This section does not limit the amount of funds that may be transferred to the fund or that may be expended for fish and wildlife habitat protection either from the fund or from any other sources. (d) This section shall become operative on July 1, 1990, shall become inoperative on June 30, 2035, and, as of January 1, 2036, is repealed, unless a later enacted statute, which becomes effective before January 1, 2036, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2025, Ch. 317, Sec. 3. (SB 427) Effective January 1, 2026. Inoperative June 30, 2035, by its own provisions. Repealed as of January 1, 2036, by its own provisions.)
  2. 2797.

    ## 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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    If subdivision (a) does not become operative, the controller must increase annual fund transfers so the amount available to the Santa Monica Mountains Conservancy reaches $50 million. The Legislature may also extend the expenditure period for those funds.

    ## 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. ) ## 2797. (a) The people find it necessary to acquire, restore, and improve the rapidly disappearing wildlife habitat of southern California in the quickest and most efficient manner possible using existing governmental resources. Therefore, notwithstanding Section 33216 of the Public Resources Code, Division 23 (commencing with Section 33000) of the Public Resources Code shall continue in effect for the period that funds may be expended pursuant to subdivision (c) of Section 2787. This subdivision shall not become operative if, prior to June 6, 1990, Section 33216 of the Public Resources Code has been amended to extend the operative effect of that Division 23 to at least July 1, 1995. (b) If subdivision (a) of this section does not become operative, the controller shall increase the annual transfer of funds pursuant to subdivision (c) of Section 2787 on a pro rata basis so that the total amount available to the Santa Monica Mountains Conservancy for purposes of this chapter pursuant to that subdivision (c) is fifty million dollars ($50,000,000). Nothing in this section precludes the Legislature from extending the time for expenditure of funds pursuant to subdivision (c) of Section 2787. (Added June 5, 1990, by initiative Proposition 117. Subd. (a) is nonoperative by its own conditions, which were satisfied by Stats. 1989, Ch. 696.)
  3. 2798.

    ## 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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    Real property acquisitions under this chapter must comply with the land acquisition law and Public Resources Code Section 5929(a).

    ## 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. ) ## 2798. Acquisitions of real property made pursuant to this chapter shall be done in compliance with the land acquisition law as existing or as hereafter amended and as it applies to the agencies designated in Section 2787, and in compliance with subdivision (a) of Section 5929 of the Public Resources Code. (Added June 5, 1990, by initiative Proposition 117.)
  4. 2799.

    ## 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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    Expenditures made under this chapter must comply with the California Environmental Quality Act.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 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. ) ## 2799. Every expenditure made pursuant to this chapter shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Added June 5, 1990, by initiative Proposition 117.)
  5. 2799.5.

    ## 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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    Reasonable public access must be provided to certain fee-acquired lands, unless that access may interfere with habitat protection.

    ## 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. ) ## 2799.5. Reasonable public access to lands acquired in fee with funds made available pursuant to this chapter shall be provided except when that access may interfere with habitat protection. (Added June 5, 1990, by initiative Proposition 117.)
  6. 2799.6.

    ## 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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    Money transferred from the General Fund under Section 2796 may be reappropriated for this chapter only with a two-thirds vote of the Legislature.

    ## 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. ) ## 2799.6. Only those amounts of money which are transferred to the fund from the General Fund pursuant to Section 2796 may be reappropriated for purposes of this chapter by a two-thirds vote of the Legislature. (Added June 5, 1990, by initiative Proposition 117.)
  7. 2800.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

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    This chapter is named the Natural Community Conservation Planning Act and may be cited by that title.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2800. This chapter shall be known, and may be cited, as the Natural Community Conservation Planning Act. (Repealed and added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  8. 2801.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

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    The Legislature makes findings about natural community conservation planning and says it is a voluntary process meant to protect wildlife, habitat, and natural diversity while allowing appropriate development.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2801. The Legislature finds and declares all of the following: (a) The continuing population growth in California will result in increasing demands for dwindling natural resources and result in the continuing decline of the state’s wildlife. (b) There is a need for broad-based planning to provide for effective protection and conservation of the state’s wildlife heritage while continuing to allow appropriate development and growth. (c) Natural community conservation planning is an effective tool in protecting California’s natural diversity while reducing conflicts between protection of the state’s wildlife heritage and reasonable use of natural resources for economic development. (d) Natural community conservation planning promotes coordination and cooperation among public agencies, landowners, and other private interests, provides a mechanism by which landowners and development proponents can effectively address cumulative impact concerns, promotes conservation of unfragmented habitat areas, promotes multispecies and multihabitat management and conservation, provides one option for identifying and ensuring appropriate mitigation that is roughly proportional to impacts on fish and wildlife, and promotes the conservation of broad-based natural communities and species diversity. (e) Natural community conservation planning can provide for efficient use and protection of natural and economic resources while promoting greater sensitivity to important elements of the state’s critical natural diversity. (f) Natural community conservation planning is a voluntary and effective planning process that can facilitate early coordination to protect the interests of the state, the federal government, and local public agencies, landowners, and other private parties. (g) Natural community conservation planning is a mechanism that can provide an early planning framework for proposed development projects within the planning area in order to avoid, minimize, and compensate for project impacts to wildlife. (h) Natural community conservation planning is consistent with, and will support, the fish and wildlife management activities of the department in its role as the trustee for fish and wildlife within the state. (i) The purpose of natural community conservation planning is to sustain and restore those species and their habitat identified by the department that are necessary to maintain the continued viability of those biological communities impacted by human changes to the landscape. (j) Natural community conservation planning is a cooperative process that often involves local, state, and federal agencies and the public, including landowners within the plan area. The process should encourage the active participation and support of landowners and others in the conservation and stewardship of natural resources in the plan area during plan development using appropriate measures, including incentives. (Repealed and added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  9. 2802.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

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    The Legislature states state policy to conserve, protect, restore, and enhance natural communities, and says it intends to acquire land interests consistent with approved conservation plans and help implement those plans.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2802. The Legislature further finds and declares that it is the policy of the state to conserve, protect, restore, and enhance natural communities. It is the intent of the Legislature to acquire a fee or less than fee interest in lands consistent with approved natural community conservation plans and to provide assistance with the implementation of those plans. (Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  10. 2805.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

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    This section defines terms used in this chapter.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2805. The definitions in this section govern the construction of this chapter: (a) “Adaptive management” means to use the results of new information gathered through the monitoring program of the plan and from other sources to adjust management strategies and practices to assist in providing for the conservation of covered species. (b) “Candidate species” has the same meaning as defined in Section 2068. (c) “Changed circumstances” are reasonably foreseeable circumstances that could affect a covered species or geographic area covered by the plan. (d) “Conserve,” “conserving,” and “conservation” mean to use, and the use of, methods and procedures within the plan area that are necessary to bring any covered species to the point at which the measures provided pursuant to Chapter 1.5 (commencing with Section 2050) are not necessary, and for covered species that are not listed pursuant to Chapter 1.5 (commencing with Section 2050), to maintain or enhance the condition of a species so that listing pursuant to Chapter 1.5 (commencing with Section 2050) will not become necessary. (e) “Covered species” means those species, both listed pursuant to Chapter 1.5 (commencing with Section 2050) and nonlisted, conserved and managed under an approved natural community conservation plan and that may be authorized for take. Notwithstanding Sections 3511, 4700, 5050, or 5515, fully protected species may be covered species pursuant to this subdivision, and taking of fully protected species may be authorized pursuant to Section 2835 for any fully protected species conserved and managed as a covered species under an approved natural community conservation plan. (f) “Department assurance” means the department’s commitment pursuant to subdivision (f) of Section 2820. (g) “Monitoring program” means a program within an approved natural community conservation plan that provides periodic evaluations of monitoring results to assess the adequacy of the mitigation and conservation strategies or activities and to provide information to direct the adaptive management program. The monitoring program shall, to the extent practicable, also be used to meet the monitoring requirements of Section 21081.6 of the Public Resources Code. A monitoring program includes all of the following: (1) Surveys to determine the status of biological resources addressed by the plan, including covered species. (2) Periodic accountings and assessment of authorized take. (3) Progress reports on all of the following matters: (A) Establishment of habitat reserves or other measures that provide equivalent conservation of covered species and providing funding where applicable. (B) Compliance with the plan and the implementation agreement by the wildlife agencies, local governments, and landowners who have responsibilities under the plan. (C) Measurements to determine if mitigation and conservation measures are being implemented roughly proportional in time and extent to the impact on habitat or covered species authorized under the plan. (D) Evaluation of the effectiveness of the plan in meeting the conservation objectives of the plan. (E) Maps of land use changes in the plan area that may affect habitat values or covered species. (4) A schedule for conducting monitoring activities. (h) “Natural community conservation plan” or “plan” means the plan prepared pursuant to a planning agreement entered into in accordance with Section 2810. The plan shall identify and provide for those measures necessary to conserve and manage natural biological diversity within the plan area while allowing compatible and appropriate economic development, growth, and other human uses. (i) “Person” has the same meaning as defined in Section 711.2. (j) (1) “Plan participant,” prior to approval of a natural community conservation plan and execution of an implementation agreement, means a signatory to the planning agreement. (2) Upon approval of a natural community conservation plan and execution of an implementation agreement, “plan participant” means the permittees and any local agency that is a signatory to the implementing agreement. (k) “Unforeseen circumstances” means changes affecting one or more species, habitat, natural community, or the geographic area covered by a conservation plan that could not reasonably have been anticipated at the time of plan development, and that result in a substantial adverse change in the status of one or more covered species. (l) “Wildlife” has the same meaning as defined in Section 89.5. (m) “Wildlife agencies” means the department and one or both of the following: (1) United States Fish and Wildlife Service. (2) National Marine Fisheries Service. (Amended by Stats. 2015, Ch. 154, Sec. 58. (AB 1527) Effective January 1, 2016.)
  11. 2809.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

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    Any person or local, state, or federal agency may undertake natural community conservation planning.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2809. Any person, or any local, state, or federal agency, independently, or in cooperation with other persons, may undertake natural community conservation planning. (Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  12. 2810.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

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    The department may enter agreements to prepare natural community conservation plans, and the agreement must include several planning, coordination, review, and public-participation requirements.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2810. (a) The department may enter into an agreement with any person or public entity for the purpose of preparing a natural community conservation plan, in cooperation with a local agency that has land use permit authority over the activities proposed to be addressed in the plan, to provide comprehensive management and conservation of multiple wildlife species, including, but not limited to, those species listed pursuant to Article 2 (commencing with Section 2070) of Chapter 1.5. The agreement shall include a provision specifying the amount of compensation, if any, payable to the department pursuant to Section 2829. (b) The agreement shall meet all of the following conditions: (1) The agreement shall be binding upon the department, other participating federal, state, and local agencies, and participating private landowners. (2) The agreement shall define the geographic scope of the conservation planning area. (3) The agreement shall identify a preliminary list of those natural communities, and the endangered, threatened, candidate, or other species known, or reasonably expected to be found, in those communities, that are intended to be the initial focus of the plan. (4) The agreement shall identify preliminary conservation objectives for the planning area. (5) The agreement shall establish a process for the inclusion of independent scientific input to assist the department and plan participants, and to do all of the following: (A) Recommend scientifically sound conservation strategies for species and natural communities proposed to be covered by the plan. (B) Recommend a set of reserve design principles that addresses the needs of species, landscapes, ecosystems, and ecological processes in the planning area proposed to be addressed by the plan. (C) Recommend management principles and conservation goals that can be used in developing a framework for the monitoring and adaptive management component of the plan. (D) Identify data gaps and uncertainties so that risk factors can be evaluated. (6) The agreement shall require coordination with federal wildlife agencies with respect to the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.). (7) The agreement shall encourage concurrent planning for wetlands and waters of the United States. (8) The agreement shall establish an interim process during plan development for project review wherein discretionary projects within the plan area subject to Division 13 (commencing with Section 21000) of the Public Resources Code that potentially conflict with the preliminary conservation objectives in the planning agreement are reviewed by the department prior to, or as soon as possible after the project application is deemed complete pursuant to Section 65943 of the Government Code and the department recommends mitigation measures or project alternatives that would help achieve the preliminary conservation objectives. As part of this process, information developed pursuant to paragraph (5) of subdivision (b) of Section 2810 shall be taken into consideration by the department and plan participants. Any take of candidate, threatened, or endangered species that occurs during this interim period shall be included in the analysis of take to be authorized under an approved plan. Nothing in this paragraph is intended to authorize take of candidate, protected, or endangered species. (9) The agreement shall establish a process for public participation throughout the plan development and review pursuant to Section 2815. (c) The approval of the planning agreement is not a project pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (d) Prior to department approval of the planning agreement, the public shall have 21 calendar days to review and comment on the proposed planning agreement. (Repealed and added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  13. 2815.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

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    The department must set up a public participation process for plan development and review, and the lead agency must make draft materials available for public review, comment, and hearing-related access on specified timelines.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2815. The department shall establish, in cooperation with the parties to the planning agreement, a process for public participation throughout plan development and review to ensure that interested persons, including landowners, have an adequate opportunity to provide input to lead agencies, state and federal wildlife agencies, and others involved in preparing the plan. The public participation objectives of this section may be achieved through public working groups or advisory committees, established early in the process. This process shall include all of the following: (a) A requirement that draft documents associated with a natural community conservation plan that are being considered for adoption by the plan lead agency shall be available for public review and comment for at least 60 days prior to the adoption of that draft document. Preliminary public review documents shall be made available by the plan lead agency at least 10 working days prior to any public hearing addressing these documents. The review period specified in this subdivision may run concurrently with the review period provided for any document required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that is associated with the natural community conservation plan. This subdivision shall not be construed to limit the discretion of a public agency to revise any draft documents at a public hearing. (b) A requirement to make available in a reasonable and timely manner all draft plans, memoranda of understanding, maps, conservation guidelines, species coverage lists, and other planning documents associated with a natural community conservation plan that are subject to public review. (c) A requirement that all public hearings held during plan preparation or review for approval are complementary to, or integrated with, those hearings otherwise provided by law. (d) An outreach program to provide access to information for persons interested in the plan, including landowners, with an emphasis on obtaining input from a balanced variety of affected public and private interests, including state and local governments, county agricultural commissioners, agricultural organizations, landowners, conservation organizations, and the general public. (Repealed and added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  14. 2820.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

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    The department must approve a natural community conservation plan if it makes the required findings, and it may provide assurances for plan participants.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2820. (a) The department shall approve a natural community conservation plan for implementation after making the following findings, based upon substantial evidence in the record: (1) The plan has been developed consistent with the process identified in the planning agreement entered into pursuant to Section 2810. (2) The plan integrates adaptive management strategies that are periodically evaluated and modified based on the information from the monitoring program and other sources, which will assist in providing for the conservation of covered species and ecosystems within the plan area. (3) The plan provides for the protection of habitat, natural communities, and species diversity on a landscape or ecosystem level through the creation and long-term management of habitat reserves or other measures that provide equivalent conservation of covered species appropriate for land, aquatic, and marine habitats within the plan area. (4) The development of reserve systems and conservation measures in the plan area provides, as needed for the conservation of species, all of the following: (A) Conserving, restoring, and managing representative natural and seminatural landscapes to maintain the ecological integrity of large habitat blocks, ecosystem function, and biological diversity. (B) Establishing one or more reserves or other measures that provide equivalent conservation of covered species within the plan area and linkages between them and adjacent habitat areas outside of the plan area. (C) Protecting and maintaining habitat areas that are large enough to support sustainable populations of covered species. (D) Incorporating a range of environmental gradients (such as slope, elevation, aspect, and coastal or inland characteristics) and high habitat diversity to provide for shifting species distributions due to changed circumstances. (E) Sustaining the effective movement and interchange of organisms between habitat areas in a manner that maintains the ecological integrity of the habitat areas within the plan area. (5) The plan identifies activities, and any restrictions on those activities, allowed within reserve areas that are compatible with the conservation of species, habitats, natural communities, and their associated ecological functions. (6) The plan contains specific conservation measures that meet the biological needs of covered species and that are based upon the best available scientific information regarding the status of covered species and the impacts of permitted activities on those species. (7) The plan contains a monitoring program. (8) The plan contains an adaptive management program. (9) The plan includes the estimated timeframe and process by which the reserves or other conservation measures are to be implemented, including obligations of landowners and plan signatories and consequences of the failure to acquire lands in a timely manner. (10) The plan contains provisions that ensure adequate funding to carry out the conservation actions identified in the plan. (b) A natural community conservation plan approved pursuant to this section shall include an implementation agreement that contains all of the following: (1) Provisions defining species coverage, including any conditions of coverage. (2) Provisions for establishing the long-term protection of any habitat reserve or other measures that provide equivalent conservation of covered species. (3) Specific terms and conditions, which, if violated, would result in the suspension or revocation of the permit, in whole or in part. The department shall include a provision requiring notification to the plan participant of a specified period of time to cure any default prior to suspension or revocation of the permit in whole or in part. These terms and conditions shall address, but are not limited to, provisions specifying the actions the department shall take under all of the following circumstances: (A) If the plan participant fails to provide adequate funding. (B) If the plan participant fails to maintain the rough proportionality between impacts on habitat or covered species and conservation measures. (C) If the plan participant adopts, amends, or approves any plan or project without the concurrence of the wildlife agencies that is inconsistent with the objectives and requirements of the approved plan. (D) If the level of take exceeds that authorized by the permit. (4) Provisions specifying procedures for amendment of the plan and the implementation agreement. (5) Provisions ensuring implementation of the monitoring program and adaptive management program. (6) Provisions for oversight of plan implementation for purposes of assessing mitigation performance, funding, and habitat protection measures. (7) Provisions for periodic reporting to the wildlife agencies and the public for purposes of information and evaluation of plan progress. (8) Mechanisms to ensure adequate funding to carry out the conservation actions identified in the plan. (9) Provisions to ensure that implementation of mitigation and conservation measures on a plan basis is roughly proportional in time and extent to the impact on habitat or covered species authorized under the plan. These provisions shall identify the conservation measures, including assembly of reserves where appropriate and implementation of monitoring and management activities, that will be maintained or carried out in rough proportion to the impact on habitat or covered species and the measurements that will be used to determine if this is occurring. (c) If a plan participant does not maintain the proportionality between take and conservation measures specified in the implementation agreement and does not either cure the default within 45 days or enter into an agreement with the department within 45 days to expeditiously cure the default, the department shall suspend or revoke the permit, in whole or in part. (d) Any data and reports associated with the monitoring program required by this section shall be available for public review. The entity managing the plan shall also conduct public workshops on an annual basis to provide information and evaluate progress toward attaining the conservation objectives of the plan. (e) To the extent provided pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code and any guidelines adopted pursuant thereto, if the impacts on one or more covered species and its habitat are analyzed and mitigated pursuant to a program environmental impact report for a plan adopted pursuant to this chapter, a plan participant that is a lead agency or a responsible agency under that division shall incorporate in the review of any subsequent project in the plan area the feasible mitigation measures and alternatives related to the biological impacts on covered species and their habitat developed in the program environmental impact report. (f) The department may provide assurances for plan participants commensurate with long-term conservation assurances and associated implementation measures pursuant to the approved plan. (1) When providing assurances pursuant to this subdivision, the department’s determination of the level of assurances and the time limits specified in the implementation agreement for assurances may be based on localized conditions and shall consider all of the following: (A) The level of knowledge of the status of the covered species and natural communities. (B) The adequacy of analysis of the impact of take on covered species. (C) The use of the best available science to make assessments about the impacts of take, the reliability of mitigation strategies, and the appropriateness of monitoring techniques. (D) The appropriateness of the size and duration of the plan with respect to quality and amount of data. (E) The sufficiency of mechanisms for long-term funding of all components of the plan and contingencies. (F) The degree of coordination and accessibility of centralized data for analysis and evaluation of the effectiveness of the plan. (G) The degree to which a thorough range of foreseeable circumstances are considered and provided for under the adaptive management program. (H) The size and duration of the plan. (2) If there are unforeseen circumstances, additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources shall not be required without the consent of plan participants for a period of time specified in the implementation agreement, unless the department determines that the plan is not being implemented consistent with the substantive terms of the implementation agreement. (Repealed and added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  15. 2821.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

    Verify source ↗

    When the department approves a final natural community conservation plan, it must establish the species list for authorized take, make specific findings to support coverage, and determine that the plan’s mitigation measures are consistent with Section 2801(d).

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2821. Concurrent with the approval by the department of a final natural community conservation plan, the department shall do both of the following: (a) Establish a list of species that are authorized for take pursuant to Section 2835 and the department shall make specific findings to support coverage pursuant to Section 2820. For purposes of determining whether a species should receive coverage under a plan, the department shall use, in addition to the standards required for the adoption of a plan, one or more of the following criteria: (1) Coverage is warranted based upon regional or landscape level consideration, such as healthy population levels, widespread distribution throughout the plan area, and life history characteristics that respond to habitat-scale conservation and management actions. (2) Coverage is warranted based on regional or landscape level considerations with site specific conservation and management requirements that are clearly identified in the plan for species that are generally well-distributed, but that have core habitats that must be conserved. (3) Coverage is warranted based upon site specific considerations and the identification of specific conservation and management conditions for species within a narrowly defined habitat or limited geographic area within the plan area. (b) Find that the mitigation measures specified in the plan and imposed by the plan participants are consistent with subdivision (d) of Section 2801. (Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  16. 2822.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

    Verify source ↗

    The department may seek injunctive relief to enforce this chapter against a plan participant, person, or entity.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2822. The department may seek injunctive relief against any plan participant, person, or entity to enforce this chapter. (Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  17. 2823.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

    Verify source ↗

    The department must suspend or revoke a permit for taking a protected species if continued take 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 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2823. The department shall suspend or revoke any permit, in whole or in part, issued for the take of a species subject to Section 2835 if the continued take of the species would result in jeopardizing the continued existence of the species. (Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  18. 2825.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

    Verify source ↗

    The department may adopt regulations for developing and implementing natural community conservation plans, as long as the regulations are consistent with this chapter.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2825. The department may adopt regulations for the development and implementation of natural community conservation plans consistent with this chapter. (Repealed and added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  19. 2826.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

    Verify source ↗

    This section says chapter 10 does not exempt certain projects in a natural community conservation planning area from Division 13 of the Public Resources Code.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2826. Nothing in this chapter exempts a project proposed in a natural community conservation planning area from Division 13 (commencing with Section 21000) of the Public Resources Code or otherwise alters or affects the applicability of that division. (Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  20. 2827.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

    Verify source ↗

    Implementation of natural community conservation plans should, where practicable, use the California Conservation Corps or a local community conservation corps.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2827. To the extent practicable, implementation of natural community conservation plans shall use the services of either the California Conservation Corps or local community conservation corps. (Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  21. 2828.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

    Verify source ↗

    A local government is not barred by this chapter from using state-law authority to acquire land or water to carry out a plan.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2828. Nothing in this chapter prohibits a local government from exercising any power or authority granted to it pursuant to state law to acquire land or water to implement a plan. (Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  22. 2829.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

    Verify source ↗

    The department may be compensated for actual costs tied to preparing and implementing natural community conservation plans.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2829. (a) The department may be compensated for the actual costs incurred in participating in the preparation and implementation of natural community conservation plans. These costs may include consultation with other parties to agreements authorized by Section 2810, providing and compiling wildlife and wildlife habitat data, reviewing and approving the final plan, monitoring implementation of the plan, and other activities necessary to the preparation and implementation of a plan. (b) The department may be compensated for those expenses identified in subdivision (a) according to a schedule in the agreement authorized by Section 2810. (Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
  23. 2830.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

    Verify source ↗

    This section says the chapter does not bar taking or incidental take of identified species when the department authorizes it under qualifying conservation plans.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2830. Nothing in this chapter prohibits the taking or the incidental take of any identified species if the taking is authorized by the department pursuant to any of the following: (a) A natural community conservation plan or amended plan approved by the department prior to January 1, 2002. Any permits, plans, implementation agreements, and amendments to those permits, plans, or implementation agreements 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 identified species pursuant to an approved natural community conservation plan and shall be governed solely by former Chapter 10 (commencing with Section 2800) as it read on December 31, 2001. (b) Any natural community conservation plan, or subarea plan, approved, or amended on or after January 1, 2002, for which a planning or enrollment agreement meets any of the following criteria, which shall be solely governed in accordance with former Chapter 10 (commencing with Section 2800) as it read on December 31, 2001: (1) The natural community conservation plan was entered into between the department and plan participants prior to January 1, 2001, and is carried out pursuant to Rule 4(d) for the California Gnatcatcher (Federal Register Volume 58, December 10, 1993), including the southern subregion of Orange County. (2) The natural community conservation plan was prepared pursuant to the planning agreement for the San Diego Multiple Species Conservation Plan. (3) The natural community conservation plan was prepared pursuant to the planning agreement for the San Diego Multiple Habitat Conservation Plan. (c) Any programmatic natural community conservation plan approved by the department on or before January 1, 2002. (d) Any natural community conservation plan developed pursuant to a planning or enrollment agreement executed on or before January 1, 2001, and for which the department finds that the plan has been developed using a public participation and scientific analysis process substantially in conformance with the intent of paragraph (5) of subdivision (b) of Section 2810 and Section 2815. (e) Any natural community conservation plan developed pursuant to a planning agreement executed on or before January 1, 2002, and which the department finds is in substantial compliance with Section 2820. (f) (1) Any natural community conservation plan or subarea plan initiated on or before January 1, 2000, or amendments thereto, by Sweetwater Authority, Helix Water District, Padre Dam Municipal Water District, Santa Fe Irrigation District, or the San Diego County Water Authority, which the department determines is consistent with the approved San Diego Multiple Habitat Conservation Program or the San Diego Multiple Species Conservation Program, is exempt from Section 2810, and paragraph (1) of subdivision (a) of Section 2820, except as provided in paragraph (2), if the department finds that the plan has been developed and is otherwise in conformance with this chapter. (2) The public water agencies identified in this subdivision and the department shall include independent scientific input as described in subparagraphs (A) to (D), inclusive, of paragraph (5) of subdivision (b) of Section 2810 into the proposed plans in a manner that focuses on the covered species that are proposed for take authorization and that are not otherwise covered in the San Diego Multiple Species Conservation Program or the San Diego Multiple Habitat Conservation Program. The scientific input required by this paragraph shall be based on the best and most current scientific data generally available, and shall assure that documentation for coverage of all species is equal or greater than the San Diego Multiple Habitat Conservation Program. (Amended by Stats. 2003, Ch. 61, Sec. 1. Effective January 1, 2004.)
  24. 2831.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

    Verify source ↗

    The City Clerk, and if applicable the County Assessor/Recorder/County Clerk, must make the filed document available for public inspection upon request.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2831. (a) Notwithstanding any other provision of law, lands designated as of January 1, 2013, as open-space lands in a document entitled “Declaration of the Dedication of Land” approved by a resolution of the San Diego City Council in the same manner in which the city council processes approval of dedicated open space, reserving to the city council the authority to grant easements for utility purposes in, under, and across dedicated property, if those easements and facilities to be located thereon do not significantly interfere with the park and recreational use of the property, and filed with the Office of the City Clerk for the City of San Diego, and, if required, at the Office of the County of San Diego Assessor/Recorder/County Clerk, are dedicated land under the City Charter of the City of San Diego. (b) Upon filing of that document in accordance with subdivision (a), the Office of the City Clerk for the City of San Diego, and, if applicable, the Office of the County of San Diego Assessor/Recorder/County Clerk shall make the document available for inspection by the public upon request. (Amended by Stats. 2012, Ch. 275, Sec. 2. (SB 1169) Effective January 1, 2013.)
  25. 2835.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. )

    Verify source ↗

    At plan approval, the department may permit taking covered species, including certain fully protected species, if their conservation and management are provided for in an approved natural community conservation plan.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10. Natural Community Conservation Planning Act [2800 - 2835] ( Chapter 10 repealed and added by Stats. 2002, Ch. 4, Sec. 2. ) ## 2835. At the time of plan approval, the department may authorize by permit the taking of any covered species, including species designated as fully protected species pursuant to Sections 3511, 4700, 5050, or 5515, whose conservation and management is provided for in a natural community conservation plan approved by the department. (Amended by Stats. 2011, Ch. 596, Sec. 3. (SB 618) Effective January 1, 2012.)
  26. 2850.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Marine Life Protection Act.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2850. This chapter shall be known and may be cited as the Marine Life Protection Act. (Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
  27. 2850.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The Ocean Protection Council must take over direction of policy for marine protected areas starting July 1, 2013.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2850.5. Notwithstanding any other law and consistent with the authority granted under Section 2860, commencing on July 1, 2013, the Ocean Protection Council shall assume responsibility for the direction of policy of marine protected areas (MPAs). (Added by Stats. 2013, Ch. 356, Sec. 3. (SB 96) Effective September 26, 2013.)
  28. 2851.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The Legislature states that California should improve marine protected areas and marine life reserves so they are based on clear conservation goals and guidelines.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2851. The Legislature finds and declares all of the following: (a) California’s marine protected areas (MPAs) were established on a piecemeal basis rather than according to a coherent plan and sound scientific guidelines. Many of these MPAs lack clearly defined purposes, effective management measures and enforcement. As a result, the array of MPAs creates the illusion of protection while falling far short of its potential to protect and conserve living marine life and habitat. (b) California’s extraordinary marine biological diversity is a vital asset to the state and nation. The diversity of species and ecosystems found in the state’s ocean waters is important to public health and well-being, ecological health, and ocean-dependent industry. (c) Coastal development, water pollution, and other human activities threaten the health of marine habitat and the biological diversity found in California’s ocean waters. New technologies and demands have encouraged the expansion of fishing and other activities to formerly inaccessible marine areas that once recharged nearby fisheries. As a result, ecosystems throughout the state’s ocean waters are being altered, often at a rapid rate. (d) Fish and other sea life are a sustainable resource, and fishing is an important community asset. MPAs and sound fishery management are complementary components of a comprehensive effort to sustain marine habitats and fisheries. (e) Understanding of the impacts of human activities and the processes required to sustain the abundance and diversity of marine life is limited. The designation of certain areas as sea life reserves can help expand our knowledge by providing baseline information and improving our understanding of ecosystems where minimal disturbance occurs. (f) Marine life reserves are an essential element of an MPA system because they protect habitat and ecosystems, conserve biological diversity, provide a sanctuary for fish and other sea life, enhance recreational and educational opportunities, provide a reference point against which scientists can measure changes elsewhere in the marine environment, and may help rebuild depleted fisheries. (g) Despite the demonstrated value of marine life reserves, only 14 of the 220,000 square miles of combined state and federal ocean water off California, or six-thousandths of 1 percent, are set aside as genuine no take areas. (h) For all of the above reasons, it is necessary to modify the existing collection of MPAs to ensure that they are designed and managed according to clear, conservation-based goals and guidelines that take full advantage of the multiple benefits that can be derived from the establishment of marine life reserves. (Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
  29. 2852.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    This section defines key Marine Life Protection Act terms, including adaptive management, biogeographical regions, marine protected areas, and marine life reserves.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2852. The following definitions govern the construction of this chapter: (a) “Adaptive management,” with regard to marine protected areas, means a management policy that seeks to improve management of biological resources, particularly in areas of scientific uncertainty, by viewing program actions as tools for learning. Actions shall be designed so that, even if they fail, they will provide useful information for future actions, and monitoring and evaluation shall be emphasized so that the interaction of different elements within marine systems may be better understood. (b) “Biogeographical regions” refers to the following oceanic or near shore areas, seaward from the mean high tide line or the mouth of coastal rivers, with distinctive biological characteristics, unless the master plan team establishes an alternative set of boundaries: (1) The area extending south from Point Conception. (2) The area between Point Conception and Point Arena. (3) The area extending north from Point Arena. (c) “Marine protected area” (MPA) means a named, discrete geographic marine or estuarine area seaward of the mean high tide line or the mouth of a coastal river, including any area of intertidal or subtidal terrain, together with its overlying water and associated flora and fauna that has been designated by law, administrative action, or voter initiative to protect or conserve marine life and habitat. An MPA includes marine life reserves and other areas that allow for specified commercial and recreational activities, including fishing for certain species but not others, fishing with certain practices but not others, and kelp harvesting, provided that these activities are consistent with the objectives of the area and the goals and guidelines of this chapter. MPAs are primarily intended to protect or conserve marine life and habitat, and are therefore a subset of marine managed areas (MMAs), which are broader groups of named, discrete geographic areas along the coast that protect, conserve, or otherwise manage a variety of resources and uses, including living marine resources, cultural and historical resources, and recreational opportunities. (d) “Marine life reserve,” for the purposes of this chapter, means a marine protected area in which all extractive activities, including the taking of marine species, and, at the discretion of the commission and within the authority of the commission, other activities that upset the natural ecological functions of the area, are prohibited. While, to the extent feasible, the area shall be open to the public for managed enjoyment and study, the area shall be maintained to the extent practicable in an undisturbed and unpolluted state. (Amended by Stats. 2000, Ch. 385, Sec. 5. Effective January 1, 2001.)
  30. 2853.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The commission must adopt a Marine Life Protection Program.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2853. (a) The Legislature finds and declares that there is a need to reexamine and redesign California’s MPA system to increase its coherence and its effectiveness at protecting the state’s marine life, habitat, and ecosystems. (b) To improve the design and management of that system, the commission, pursuant to Section 2859, shall adopt a Marine Life Protection Program, which shall have all of the following goals: (1) To protect the natural diversity and abundance of marine life, and the structure, function, and integrity of marine ecosystems. (2) To help sustain, conserve, and protect marine life populations, including those of economic value, and rebuild those that are depleted. (3) To improve recreational, educational, and study opportunities provided by marine ecosystems that are subject to minimal human disturbance, and to manage these uses in a manner consistent with protecting biodiversity. (4) To protect marine natural heritage, including protection of representative and unique marine life habitats in California waters for their intrinsic value. (5) To ensure that California’s MPAs have clearly defined objectives, effective management measures, and adequate enforcement, and are based on sound scientific guidelines. (6) To ensure that the state’s MPAs are designed and managed, to the extent possible, as a network. (c) The program may include areas with various levels of protection, and shall include all of the following elements: (1) An improved marine life reserve component consistent with the guidelines in subdivision (c) of Section 2857. (2) Specific identified objectives, and management and enforcement measures, for all MPAs in the system. (3) Provisions for monitoring, research, and evaluation at selected sites to facilitate adaptive management of MPAs and ensure that the system meets the goals stated in this chapter. (4) Provisions for educating the public about MPAs, and for administering and enforcing MPAs in a manner that encourages public participation. (5) A process for the establishment, modification, or abolishment of existing MPAs or new MPAs established pursuant to this program, that involves interested parties, consistent with paragraph (7) of subdivision (b) of Section 7050, and that facilitates the designation of MPAs consistent with the master plan adopted pursuant to Section 2855. (Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
  31. 2854.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The State Interagency Marine Managed Areas Workgroup must consult the public and then determine future actions to implement its final report’s recommendations.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2854. The State Interagency Marine Managed Areas Workgroup shall, after appropriate consultation with members of the public, determine future actions for implementing the recommendations of its final report. (Amended by Stats. 2023, Ch. 132, Sec. 60. (AB 1760) Effective January 1, 2024.)
  32. 2855.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The commission must adopt a master plan for the Marine Life Protection Program, and the department must prepare or arrange for one and convene a team to help prepare it.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2855. (a) The commission shall adopt a master plan that guides the adoption and implementation of the Marine Life Protection Program adopted pursuant to Section 2853 and decisions regarding the siting of new MPAs and major modifications of existing MPAs. The plan shall be based on the best readily available science. (b) (1) The department shall prepare, or by contract shall cause to be prepared, a master plan in accordance with this subdivision. In order to take full advantage of scientific expertise on MPAs, the department shall convene a master plan team to advise and assist in the preparation of the master plan, or hire a contractor with relevant expertise to assist in convening such a team. (2) The team members convened pursuant to this subdivision shall have expertise in marine life protection and shall be knowledgeable about the use of protected areas as a marine ecosystem management tool. The members shall also be familiar with underwater ecosystems found in California waters, with the biology and habitat requirements of major species groups in the state’s marine waters, and with water quality and related issues. (3) The team shall be composed of the following individuals: (A) Staff from the department, the Department of Parks and Recreation, and the State Water Resources Control Board, to be designated by each of those departments. (B) Five to seven members who shall be scientists, one of whom may have expertise in the economics and culture of California coastal communities. (C) One member, appointed from a list prepared by Sea Grant marine advisers, who shall have direct expertise with ocean habitat and sea life in California marine waters. (4) The master plan shall be prepared with the advice, assistance, and involvement of participants in the various fisheries and their representatives, marine conservationists, marine scientists, and other interested persons. In preparing the master plan, the department shall confer, to the extent feasible, with the commission, the Pacific Fishery Management Council, the National Marine Fisheries Service, the United States Navy, the United States Geological Survey’s national biological survey, staff from national marine sanctuaries off California, Sea Grant researchers, marine advisers, and national parks personnel. (5) The department may engage other experts to contribute to the master plan, including scientists, geographic information system (GIS) experts, and commercial and recreational fishermen, divers, and other individuals knowledgeable about the state’s underwater ecosystems, the history of fishing effort or MPA management, or other relevant subjects. (c) The department and team, in carrying out this chapter, shall take into account relevant information from local communities, and shall solicit comments and advice for the master plan from interested parties on issues including, but not necessarily limited to, each of the following: (1) Practical information on the marine environment and the relevant history of fishing and other resources use, areas where fishing is currently prohibited, and water pollution in the state’s coastal waters. (2) Socioeconomic and environmental impacts of various alternatives. (3) Design of monitoring and evaluation activities. (4) Methods to encourage public participation in the stewardship of the state’s MPAs. (Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
  33. 2856.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The department and team must use scientific information and related planning materials when preparing the marine master plan, and organize location-specific contents by biogeographical region where feasible.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2856. (a) (1) The department and team shall use the best readily available scientific information in preparing the master plan adopted pursuant to Section 2855, and shall organize the location-specific contents, where feasible, by biogeographical region. In preparing the plan, the department and team shall use and build upon the findings of the Sea Grant survey of protected areas in California waters, which is entitled “California’s Marine Protected Areas,” the report of the State Interagency Marine Managed Areas Workgroup, the Department of Parks and Recreation’s planning information and documents regarding existing and potential underwater parks and reserves, maps and other information from the department’s marine nearshore ecosystem mapping project, and other relevant planning and scientific materials. (2) The master plan shall include all of the following components: (A) Recommendations for the extent and types of habitat that should be represented in the MPA system and in marine life reserves. Habitat types described on maps shall include, to the extent possible using existing information, rocky reefs, intertidal zones, sandy or soft ocean bottoms, underwater pinnacles, sea mounts, kelp forests, submarine canyons, and seagrass beds. (B) An identification of select species or groups of species likely to benefit from MPAs, and the extent of their marine habitat, with special attention to marine breeding and spawning grounds, and available information on oceanographic features, such as current patterns, upwelling zones, and other factors that significantly affect the distribution of those fish or shellfish and their larvae. (C) Recommendations to augment or modify the guidelines in subdivision (c) of Section 2857, if necessary to ensure that the guidelines reflect the most up-to-date science, including, for example, recommendations regarding the minimum size of individual marine life reserves needed to accomplish the various goals set forth in Section 2853. (D) Recommended alternative networks of MPAs, including marine life reserves in each biogeographical region that are capable of achieving the goals in Section 2853 and designed according to the guidelines in subdivision (c) of Section 2857. (E) A simplified classification system, which shall be consistent with the goals of Section 2853 and the guidelines in subdivision (c) of Section 2857, and which may include protections for specific habitats or species, if no system that meets these specifications has already been developed. (F) Recommendations for a preferred siting alternative for a network of MPAs that is consistent with the goals in Section 2853 and the guidelines in subdivision (c) of Section 2857. (G) An analysis of the state’s current MPAs, based on the preferred siting alternative, and recommendations as to whether any specific MPAs should be consolidated, expanded, abolished, reclassified, or managed differently so that, taken as a group, the MPAs best achieve the goals of Section 2853 and conform to the guidelines in subdivision (c) of Section 2857. (H) Recommendations for monitoring, research, and evaluation in selected areas of the preferred alternative, including existing and long-established MPAs, to assist in adaptive management of the MPA network, taking into account existing and planned research and evaluation efforts. (I) Recommendations for management and enforcement measures for the preferred alternative that apply systemwide or to specific types of sites and that would achieve the goals of this chapter. (J) Recommendations for improving the effectiveness of enforcement practices, including, to the extent practicable, the increased use of advanced technology surveillance systems. (K) Recommendations for funding sources to ensure all MPA management activities are carried out and the Marine Life Protection Program is implemented. (b) The team shall, as necessary, identify and define additional appropriate components of the master plan as soon as possible after enactment of this section. (Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
  34. 2857.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The department must hold siting workshops by July 1, 2001, and work with the team to develop a preferred siting alternative for marine protected areas.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2857. (a) On or before July 1, 2001, the department shall convene, in each biogeographical region and to the extent practicable near major working harbors, siting workshops, composed of interested parties, to review the alternatives for MPA networks and to provide advice on a preferred siting alternative. The department and team shall develop a preferred siting alternative that incorporates information and views provided by people who live in the area and other interested parties, including economic information, to the extent possible while maintaining consistency with the goals of Section 2853 and guidelines in subdivision (c) of this section. (b) The preferred alternative may include MPAs that will achieve either or both of the following objectives: (1) Protection of habitat by prohibiting potentially damaging fishing practices or other activities that upset the natural ecological functions of the area. (2) Enhancement of a particular species or group of species, by prohibiting or restricting fishing for that species or group within the MPA boundary. (c) The preferred siting alternative shall include MPA networks with an improved marine life reserve component, and shall be designed according to each of the following guidelines: (1) Each MPA shall have identified goals and objectives. Individual MPAs may serve varied primary purposes while collectively achieving the overall goals and guidelines of this chapter. (2) Marine life reserves in each bioregion shall encompass a representative variety of marine habitat types and communities, across a range of depths and environmental conditions. (3) Similar types of marine habitats and communities shall be replicated, to the extent possible, in more than one marine life reserve in each biogeographical region. (4) Marine life reserves shall be designed, to the extent practicable, to ensure that activities that upset the natural ecological functions of the area are avoided. (5) The MPA network and individual MPAs shall be of adequate size, number, type of protection, and location to ensure that each MPA meets its objectives and that the network as a whole meets the goals and guidelines of this chapter. (d) The department and team, in developing the preferred siting alternative, shall take into account the existence and location of commercial kelp beds. (e) The department and team may provide recommendations for phasing in the new MPAs in the preferred siting alternative. (Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
  35. 2858.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The department must establish a process for external peer review of the scientific basis for the master plan.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2858. The department shall establish a process for external peer review of the scientific basis for the master plan prepared pursuant to Section 2855. The peer review process may be based, to the extent practicable, on the peer review process described in Section 7062. (Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
  36. 2859.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The department and commission must prepare, review, and adopt a marine life master plan on set deadlines, with public hearings and committee review.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2859. (a) On or before January 1, 2005, the department shall submit to the commission a draft of the master plan prepared pursuant to this chapter. (b) On or before April 1, 2005, after public review, not less than three public meetings, and appropriate modifications of the draft plan, the department shall submit a proposed final master plan to the commission. On or before December 1, 2005, the commission shall adopt a final master plan and a Marine Life Protection Program with regulations based on the plan and shall implement the program, to the extent funds are available. The commission’s adoption of the plan and a program based on the plan shall not trigger an additional review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (c) The commission shall hold at least two public hearings on the master plan and the Marine Life Protection Program prior to adopting the plan and program. The commission may adopt the plan and the program immediately following the second public hearing or at any duly noticed subsequent meeting. (d) Upon the commission’s adoption of the program, the commission shall submit the master plan and program description, including marine life reserve and other MPA designations, to the Joint Committee on Fisheries and Aquaculture for review and comment. Upon receipt of the plan, the joint committee shall have 60 days to review the plan and to submit written recommendations to the commission regarding the plan and program. The joint committee shall only submit a recommendation to the commission if a majority of the members agree to that recommendation. The commission shall consider all recommendations submitted by the joint committee, and may amend the program to incorporate the recommendations. If the commission does not incorporate any recommendations submitted by the joint committee, the commission shall set forth, in writing, its reasons for not incorporating that recommendation. (Amended by Stats. 2002, Ch. 559, Sec. 2. Effective January 1, 2003.)
  37. 2860.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The commission may regulate fishing and other taking of marine species in MPAs, but taking marine species in a marine life reserve is prohibited unless the commission authorizes it for scientific purposes under a scientific collecting permit.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2860. (a) The commission may regulate commercial and recreational fishing and any other taking of marine species in MPAs. (b) Notwithstanding any other provision of this code, the taking of a marine species in a marine life reserve is prohibited for any purpose, including recreational and commercial fishing, except that the commission may authorize the taking of a marine species for scientific purposes, consistent with the purposes of this chapter, under a scientific collecting permit issued by the department. (Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
  38. 2861.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The commission must regularly receive, consider, and promptly act on petitions to add, delete, or modify MPAs, and it may shorten the master plan process 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 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2861. (a) The commission shall, annually until the master plan is adopted and thereafter at least every three years, receive, consider, and promptly act upon petitions from any interested party, to add, delete, or modify MPAs, favoring those petitions that are compatible with the goals and guidelines of this chapter. (b) Nothing in this chapter restricts any existing authority of the department or the commission to make changes to improve the management or design of existing MPAs or designate new MPAs prior to the completion of the master plan. The commission may abbreviate the master plan process to account for equivalent activities that have taken place before enactment of this chapter, providing that those activities are consistent with this chapter. (Amended by Stats. 2012, Ch. 728, Sec. 46. (SB 71) Effective January 1, 2013.)
  39. 2862.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    When the department reviews proposed projects that may harm marine life or habitat in MPAs, it must point out those impacts and recommend measures to avoid or fully mitigate them.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2862. The department, in evaluating proposed projects with potential adverse impacts on marine life and habitat in MPAs, shall highlight those impacts in its analysis and comments related to the project and shall recommend measures to avoid or fully mitigate any impacts that are inconsistent with the goals and guidelines of this chapter or the objectives of the MPA. (Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
  40. 2863.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. )

    Verify source ↗

    The department must confer as necessary with the United States Navy about issues related to the Navy’s activities.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 10.5. Marine Life Protection Act [2850 - 2863] ( Chapter 10.5 added by Stats. 1999, Ch. 1015, Sec. 1. ) ## 2863. The department shall confer as necessary with the United States Navy regarding issues related to its activities. (Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
  41. 29.

    ## 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 ↗

    “Closed season” means a period when taking birds, mammals, fish, amphibians, or reptiles is prohibited.

    ## 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. ) ## 29. “Closed season” means that period of time during which the taking of birds, mammals, fish, amphibians, or reptiles is prohibited. (Amended by Stats. 2015, Ch. 154, Sec. 4. (AB 1527) Effective January 1, 2016.)
  42. 2900.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Habitat Maintenance Districts [2900 - 2901] ( Chapter 11 added by Stats. 1993, Ch. 1301, Sec. 2. )

    Verify source ↗

    This chapter may be called the Habitat Maintenance Funding Act.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Habitat Maintenance Districts [2900 - 2901] ( Chapter 11 added by Stats. 1993, Ch. 1301, Sec. 2. ) ## 2900. This chapter shall be known and may be cited as the Habitat Maintenance Funding Act. (Added by Stats. 1993, Ch. 1301, Sec. 2. Effective January 1, 1994.)
  43. 2901.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Habitat Maintenance Districts [2900 - 2901] ( Chapter 11 added by Stats. 1993, Ch. 1301, Sec. 2. )

    Verify source ↗

    A local agency may create an assessment district for natural habitat work, and may provide long-term habitat maintenance only if the conservation plan is approved by the department.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 11. Habitat Maintenance Districts [2900 - 2901] ( Chapter 11 added by Stats. 1993, Ch. 1301, Sec. 2. ) ## 2901. (a) A local agency may establish an assessment district pursuant to Article 3.1 (commencing with Section 50060) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code for the improvement or maintenance of natural habitat, in a manner consistent with the policies and procedures of this code. Funds generated pursuant to this chapter may not be allocated to implement a plan without the approval of the owner of the land to be improved. (b) A local agency may provide for the long-term maintenance of natural habitat pursuant to Section 50060.5 of the Government Code only pursuant to a plan for the conservation of natural habitat approved by the department. (Added by Stats. 1993, Ch. 1301, Sec. 2. Effective January 1, 1994.)
  44. 2930.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. )

    Verify source ↗

    This section names the chapter the Salton Sea Restoration Act and names a related state management plan the John J. Benoit Salton Sea Restoration Plan.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. ) ## 2930. (a) This chapter shall be known, and may be cited, as the Salton Sea Restoration Act. (b) The state’s comprehensive management plan for the Salton Sea, established pursuant to the Governor’s directive of May 2015, shall be known, and may be cited, as the John J. Benoit Salton Sea Restoration Plan. (Amended by Stats. 2017, Ch. 859, Sec. 2. (SB 615) Effective January 1, 2018.)
  45. 2931.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. )

    Verify source ↗

    The section states California should restore the Salton Sea ecosystem and protect dependent wildlife, using a preferred alternative and available funds.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. ) ## 2931. (a) It is the intent of the Legislature that the State of California undertake the restoration of the Salton Sea ecosystem and the permanent protection of the wildlife dependent on that ecosystem. (b) This restoration shall be based on the preferred alternative developed as a result of the restoration study and alternative selection process described in Section 2081.7 and using the funds made available in accordance with that section to be deposited in the Salton Sea Restoration Fund and other funds made available by the Legislature and the federal government. (c) The preferred alternative shall provide the maximum feasible attainment of the following objectives: (1) Restoration of long-term stable aquatic and shoreline habitat for the historic levels and diversity of fish and wildlife that depend on the Salton Sea. (2) Elimination of air quality impacts from the restoration projects. (3) Protection of water quality. (d) For the purpose of the restoration plan, the Salton Sea ecosystem shall include, but is not limited to, the Salton Sea, the agricultural lands surrounding the Salton Sea, and the tributaries and drains within the Imperial and Coachella Valleys that deliver water to the Salton Sea. (Amended by Stats. 2004, Ch. 614, Sec. 3. Effective January 1, 2005.)
  46. 2931.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. )

    Verify source ↗

    Facilities built to separate fresh water from highly saline water for restoration activities are exempt from Water Code Division 3 review, approval, inspection, and related fees. Also, certain barriers in the Salton Sea below a specified contour are not treated as dams.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. ) ## 2931.5. (a) The construction of facilities to separate fresh water from highly saline water for the purposes of implementing restoration activities pursuant to this chapter shall not be subject to review, approval, inspection, or any fees associated with implementing Division 3 (commencing with Section 6000) of the Water Code. (b) No barrier in the Salton Sea within or below the minus 220 foot contour based on the North American Vertical Datum of 1988 shall be considered a dam. (Added by Stats. 2017, Ch. 859, Sec. 3. (SB 615) Effective January 1, 2018.)
  47. 2932.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. )

    Verify source ↗

    The Salton Sea Restoration Fund is established and is administered by the director. Money in the fund may be spent only after legislative appropriation, and only for the listed restoration and conservation purposes.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. ) ## 2932. There is hereby established the Salton Sea Restoration Fund which shall be administered by the director. Money deposited in the fund shall be expended, upon appropriation by the Legislature, for the following purposes: (a) Environmental and engineering studies related to the restoration of the Salton Sea and the protection of fish and wildlife dependent on the sea. (b) Implementation of conservation measures necessary to protect the fish and wildlife species dependent on the Salton Sea, including adaptive management measurements pursuant to Section 2081.7. These conservation measures shall be limited to the Salton Sea and lower Colorado River ecosystems, including the Colorado River Delta. (c) Implementation of the preferred Salton Sea restoration alternative. (d) Administrative, technical, and public outreach costs related to the development and selection of the preferred Salton Sea restoration alternative. (Added by Stats. 2003, Ch. 611, Sec. 1. Effective January 1, 2004.)
  48. 2932.2.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. )

    Verify source ↗

    At least $8.5 million from the specified Water Code appropriation must be made available for Salton Sea restoration-related transfer or direct spending.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. ) ## 2932.2. Of the funds appropriated pursuant to Section 79565 of the Water Code, not less than eight million five hundred thousand dollars ($8,500,000) shall be made available for transfer or direct expenditure for acquisition, grants, or other activities that directly restore the Salton Sea and its transboundary watersheds, consistent with Section 2932. (Added by Stats. 2005, Ch. 81, Sec. 1. Appropriation reduced by the Governor. Effective July 19, 2005. Note: This text reflects the reduction, from $12,000,000 to $8,500,000, prescribed in the Governor's item-veto message.)
  49. 2932.3.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. )

    Verify source ↗

    Money in the Salton Sea Restoration Fund must be spent, after legislative appropriation, on a Salton Sea restoration project tied to Section 2931.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. ) ## 2932.3. Any moneys made available by paragraph (3) of subdivision (b) of Section 75050 of the Public Resources Code and deposited in the Salton Sea Restoration Fund shall be expended, upon appropriation by the Legislature in the annual Budget Act, for a restoration project at the Salton Sea that is consistent with subdivision (c) of Section 2931. The activities and expenditures authorized by this section shall be limited to funding those activities identified in the Resources Agency report entitled “Salton Sea Ecosystem Restoration Program Preferred Alternative Report and Funding Plan,” and dated May 2007, for completion in the first five years of implementation identified in the report as “Period I.” The activities specified for completion in Period I include, but are not limited to, a demonstration project, early start habitat, and additional biological, inflow, sediment quality, water quality, and air quality investigations. For purposes of carrying out these activities and expending the funds made available, the Resources Agency shall act as the lead agency and work cooperatively with designated staff from the Department of Water Resources, the State Air Resources Board, the State Water Resources Control Board, and the department. The Resources Agency shall remain the lead agency for implementation, in partnership with one or more of its departments, unless and until legislation is enacted on or after January 1, 2009, establishing a new governance structure for restoration of the Salton Sea. This section is not legislative approval or denial of the preferred alternative identified in the Secretary of the Resources Agency’s recommendations contained in the “Salton Sea Ecosystem Restoration Program Preferred Alternative Report and Funding Plan,” dated May 2007 and submitted to the Legislature. (Added by Stats. 2008, Ch. 374, Sec. 2. Effective January 1, 2009.)
  50. 2932.5.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. )

    Verify source ↗

    Money in the Section 2932 fund must not be spent on mitigation, except mitigation undertaken by the State of California.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. ) ## 2932.5. Moneys deposited in the fund created pursuant to Section 2932 shall not be expended for mitigation except for mitigation undertaken by the State of California. (Added by Stats. 2004, Ch. 614, Sec. 4. Effective January 1, 2005.)
  51. 2933.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. )

    Verify source ↗

    The Department of Water Resources may contract with water suppliers to buy and sell water made available under Section 1745.02 of the Water Code.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 1. General Provisions [2930 - 2933] ( Article 1 heading added by Stats. 2010, Ch. 303, Sec. 1. ) ## 2933. The Department of Water Resources may contract with water suppliers to purchase and sell water made available pursuant to Section 1745.02 of the Water Code to achieve the goals of this chapter. (Added by Stats. 2003, Ch. 611, Sec. 1. Effective January 1, 2004.)
  52. 2940.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 2. Salton Sea Restoration [2940 - 2945] ( Article 2 added by Stats. 2013, Ch. 402, Sec. 1. )

    Verify source ↗

    This section states legislative findings about the Salton Sea and the Legislature’s restoration goals for protecting wildlife, water and air quality, cultural values, and economic opportunities.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 2. Salton Sea Restoration [2940 - 2945] ( Article 2 added by Stats. 2013, Ch. 402, Sec. 1. ) ## 2940. The Legislature finds and declares all of the following: (a) The Salton Sea is California’s largest inland water body with beneficial uses that include fisheries and wildlife habitat and preservation of endangered species, and is a repository for agricultural drainage. (b) The Salton Sea ecosystem is a critical link on the international Pacific Flyway and supports over 400 species of birds. (c) The Salton Sea is threatened by increasing salinity and reduced inflows. Mitigation water inflows ordered by the State Water Resources Control Board in 2002 will expire at the end of 2017. Combined, these changes increasingly threaten the unparalleled wildlife resources at the sea, as well as air quality in the region. (d) In cooperation with local governments, nonprofit organizations, private businesses, and the public, the State of California can help protect wildlife habitats and endangered species, improve water and air quality, and enhance recreational opportunities in the region. (e) The State of California and the United States Department of the Interior committed through a memorandum of understanding signed on August 31, 2016, to protect the ecological values of the Salton Sea and to prevent dust emissions from at least 25,000 acres of lakebed exposed by reduced agricultural inflows resulting from the implementation of the Quantification Settlement Agreement. (f) In restoring the Salton Sea, it is the intent of the Legislature to do all of the following: (1) Protect and provide long-term conservation of fish and wildlife that are dependent on the Salton Sea ecosystem. (2) Restore the long-term stable aquatic and shoreline habitat for fish and wildlife that depend on the Salton Sea. (3) Mitigate air quality impacts from restoration projects using the best available technology or best available control measures, as determined by the South Coast Air Quality Management District and the Imperial County Air Pollution Control District. (4) Protect water quality. (5) Maintain the Salton Sea as a vital link along the Pacific Flyway. (6) Preserve local tribal heritage and cultural values associated with the Salton Sea. (7) Minimize noxious odors and other water and air quality problems. (8) Coordinate with local, state, and federal agencies that are responsible for air quality, endangered species, and other environmental mitigation implementation requirements of the Quantification Settlement Agreement. (9) Enhance economic development opportunities that will provide sustainable financial improvements benefiting the local environment and the economic quality of life for communities around the Salton Sea. (Amended by Stats. 2017, Ch. 859, Sec. 4. (SB 615) Effective January 1, 2018.)
  53. 2941.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 2. Salton Sea Restoration [2940 - 2945] ( Article 2 added by Stats. 2013, Ch. 402, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the Salton Sea Restoration article.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 2. Salton Sea Restoration [2940 - 2945] ( Article 2 added by Stats. 2013, Ch. 402, Sec. 1. ) ## 2941. Unless the context requires otherwise, the definitions set forth in this section govern the construction of this article. (a) “Agency” means the Natural Resources Agency. (b) “Habitat mosaics” means two or more proximate habitat types, such as saltwater shoreline abutting riverine deltas and irrigated farmland. (c) “Quantification Settlement Agreement” has the same meaning as defined in subdivision (a) of Section 1 of Chapter 617 of the Statutes of 2002. (d) “Salton Sea Authority” or “authority” means the joint powers authority comprised of the County of Imperial, the County of Riverside, the Imperial Irrigation District, the Coachella Valley Water District, and the Torres Martinez Desert Cahuilla Indian Tribe. (e) “Secretary” means the Secretary of the Natural Resources Agency. (f) “Vector management” means services that eliminate or reduce the risk of illness caused by any organism transporting a pathogen. (Added by Stats. 2013, Ch. 402, Sec. 1. (AB 71) Effective January 1, 2014.)
  54. 2942.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 2. Salton Sea Restoration [2940 - 2945] ( Article 2 added by Stats. 2013, Ch. 402, Sec. 1. )

    Verify source ↗

    The secretary must lead Salton Sea restoration efforts, with the authority. The Department of Water Resources may also undertake restoration work if funding is appropriated and it coordinates with the department. The department and Water Resources must provide project information and protocols immediately for the Species Conservation Habitat Project. The authority may lead a feasibility study, and Water Resources may use design-build procurement authority for Salton Sea projects.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 2. Salton Sea Restoration [2940 - 2945] ( Article 2 added by Stats. 2013, Ch. 402, Sec. 1. ) ## 2942. (a) (1) The secretary, in consultation and coordination with the authority, shall lead the Salton Sea restoration efforts that shall include all of the following: (A) Early start habitat demonstration projects. (B) Biological investigations relating to the restoration of the Salton Sea. (C) Investigations of water quality, sedimentation, and inflows relating to the restoration of the Salton Sea. (D) Air quality investigations, in consultation and coordination with local and regional air quality agencies, relating to the restoration of the Salton Sea. (E) Geotechnical investigations relating to the restoration of the Salton Sea. (F) Financial assistance grant programs to support restoration activities of local stakeholders. (2) Nothing in this article shall alter any state responsibility under the Quantification Settlement Agreement or the state’s authority to carry out any responsibility under the Quantification Settlement Agreement. (3) (A) To the extent that funding is appropriated to the department for Salton Sea restoration activities, the Department of Water Resources, in coordination and under agreement with the department, may undertake restoration efforts identified in this subdivision. (B) The department and the Department of Water Resources shall do all of the following for the Salton Sea Species Conservation Habitat Project: (i) Immediately make available relevant information relating to the factors that influence the cost and size of the alternatives discussed in the environmental impact report or environmental impact statement for the species habitat conservation program. (ii) Release all available detail on a final project design immediately, or upon final determination of a least environmentally damaging preferred alternative by the United States Army Corps of Engineers. Details of a final project design shall include location, configuration, size, and cost. (iii) Immediately make available project evaluation protocols that include the following principles of adaptive management: (I) Goals and objectives of the project. (II) The project design and an operations plan. (III) A monitoring plan that will include metrics that identify benefits to the species. (IV) A performance evaluation based on species population identified through monitoring. (V) A decisionmaking framework to evaluate project performance and guide operations and management changes. (b) (1) The authority may lead a feasibility study, in coordination and under contract with the secretary, to do the following: (A) Investigate access and utility agreements that may contribute to the future funding of restoration activities at the Salton Sea. (B) Analyze all feasible funding sources for restoration program components and activities. (C) Analyze economic development opportunities, including, but not limited to, renewable energy, biofuels, mineral development, and algae production for the purposes of identifying new revenue sources for the Salton Sea restoration efforts. (D) Identify state procurement and royalty sharing opportunities. (E) Review existing long-term plans for restoration of the Salton Sea and recommend to the secretary changes to existing restoration plans. In any review pursuant to this subparagraph, the authority shall consider the impacts of the restoration plan on air quality, fish and wildlife habitat, water quality, and the technical and financial feasibility of the restoration plan and shall consider the impacts on other agencies responsible for air quality, endangered species, and other environmental mitigation requirements for implementation of the Quantification Settlement Agreement. (2) No evaluation, study, review, or other activity pursuant to this article shall delay the planning and implementation of ongoing and planned restoration or mitigation projects, including, but not limited to, the Salton Sea Species Conservation Habitat Project or other measures pursuant to existing state and federal programs and agreements. (c) Notwithstanding any other law, the Department of Water Resources is authorized to use design-build procurement authority for projects constructed at the Salton Sea in accordance with Article 6 (commencing with Section 10187) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. (Amended by Stats. 2016, Ch. 340, Sec. 7. (SB 839) Effective September 13, 2016.)
  55. 2943.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 2. Salton Sea Restoration [2940 - 2945] ( Article 2 added by Stats. 2013, Ch. 402, Sec. 1. )

    Verify source ↗

    The secretary must seek input from the authority about Salton Sea restoration components.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 2. Salton Sea Restoration [2940 - 2945] ( Article 2 added by Stats. 2013, Ch. 402, Sec. 1. ) ## 2943. For the purposes of considering local, publicly derived input concerning habitat objectives and actions, types and levels of public access, and integration of air quality management and habitat restoration, the secretary shall seek input from the authority with regard to the following components of restoration of the Salton Sea: (a) Design opportunities and constraints, including the integration of the habitat, public access, and air quality management objectives. (b) Public access and recreational components. (c) Opportunities for economic development. (d) Habitat mosaics and location. (e) Vector management and predator control. (f) Feasible financial resources to fund all recommended restoration program components. (Added by Stats. 2013, Ch. 402, Sec. 1. (AB 71) Effective January 1, 2014.)
  56. 2945.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 2. Salton Sea Restoration [2940 - 2945] ( Article 2 added by Stats. 2013, Ch. 402, Sec. 1. )

    Verify source ↗

    This section says the article does not limit a public agency’s authority to carry out its programs, projects, or responsibilities, and it does not change requirements from other laws.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 2. Salton Sea Restoration [2940 - 2945] ( Article 2 added by Stats. 2013, Ch. 402, Sec. 1. ) ## 2945. (a) Nothing in this article interferes with or prevents the exercise of authority by a public agency to carry out its programs, projects, or responsibilities. (b) Nothing in this article affects requirements imposed under any other provision of law. (Added by Stats. 2013, Ch. 402, Sec. 1. (AB 71) Effective January 1, 2014.)
  57. 2950.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 3. Lithium [2950 - 2954] ( Article 3 added by Stats. 2022, Ch. 63, Sec. 1. )

    Verify source ↗

    This section defines several terms used in this article, including Agency, disadvantaged community, nonprofit corporation, Salton Sea Management Plan, Secretary, and severely disadvantaged community.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 3. Lithium [2950 - 2954] ( Article 3 added by Stats. 2022, Ch. 63, Sec. 1. ) ## 2950. For purposes of this article, the following definitions apply: (a) “Agency” means the Natural Resources Agency. (b) “Disadvantaged community” has the same meaning as defined in Section 80002 of the Public Resources Code. (c) “Nonprofit corporation” means a nonprofit corporation qualified to do business in California and exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (d) “Salton Sea Management Plan” means the Salton Sea Management Program Phase I: 10-Year Plan published in August 2018, or revised thereafter. (e) “Secretary” means the Secretary of the Natural Resources Agency. (f) “Severely disadvantaged community” has the same meaning as defined in Section 80002 of the Public Resources Code. (Amended by Stats. 2022, Ch. 251, Sec. 2. (AB 209) Effective September 6, 2022.)
  58. 2951.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 3. Lithium [2950 - 2954] ( Article 3 added by Stats. 2022, Ch. 63, Sec. 1. )

    Verify source ↗

    This section creates the Salton Sea Lithium Fund and assigns the Natural Resources Agency to administer it.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 3. Lithium [2950 - 2954] ( Article 3 added by Stats. 2022, Ch. 63, Sec. 1. ) ## 2951. (a) There is hereby created the Salton Sea Lithium Fund within the State Treasury to be administered by the Natural Resources Agency. (b) Pursuant to Section 47100 of the Revenue and Taxation Code, moneys generated by the lithium extraction excise tax imposed pursuant to Section 47010 of the Revenue and Taxation Code, and any other moneys as directed by the Legislature, are deposited into the Salton Sea Lithium Fund. (c) Notwithstanding Section 13340 of the Government Code, the Salton Sea Lithium Fund is hereby continuously appropriated without regard to fiscal years to the agency for purposes of this article. (d) The agency shall allocate the moneys in the Salton Sea Lithium Fund for the following purposes, except as specified in subdivision (f): (1) Operations and maintenance of restoration projects, or other public works projects, that are in existence on January 1, 2023, or are developed by the state pursuant to the Salton Sea Management Plan or an applicable State Water Resources Control Board order, including Orders WRO 2002-0013 and WR 2017-0134 and orders issued on or after January 1, 2023. (2) Restoration projects required to meet the state’s obligations as identified in any state plan or order related to the management of the Salton Sea, including the Salton Sea Management Plan or an applicable State Water Resources Control Board order, including Orders WRO 2002-0013 and WR 2017-0134 and orders issued on or after January 1, 2023. (3) Grants for community engagement, public amenity, capital improvement, or community-benefit projects, including projects to help build capacity for meaningful public participation and outreach, at or around the Salton Sea and those communities impacted by the Salton Sea’s restoration and development, as found by the secretary to be necessary and consistent with the state management objectives in the Salton Sea Management Plan. Entities eligible for these grants include, but are not limited to, tribal governments, nonprofit corporations, and local governments that serve disadvantaged communities or severely disadvantaged communities, as found by the secretary to be necessary and consistent with the state management objectives in the Salton Sea Management Plan. (e) When awarding a grant pursuant to paragraph (3) of subdivision (d) to a nonprofit corporation, the agency shall give preference to a nonprofit corporation that meets all of the following criteria: (1) The nonprofit corporation is in good standing by having complied with all state and federal requirements applicable to nonprofit corporations and having not been subject to any form of sanction, suspension, or disciplinary censure. (2) The nonprofit corporation has a demonstrated presence in the Salton Sea region and experience working across different sectors, including, but not limited to, community stakeholders, local and state agencies, academia, independent contractors, and researchers, and the nonprofit corporation’s staff implementing the grant will be located in or near disadvantaged communities located near the Salton Sea. (3) The nonprofit corporation possesses experience relating to environmental justice initiatives, health intervention programs, direct assistance services, and civic education and engagement with community stakeholders across disadvantaged communities in the Salton Sea region. (f) Notwithstanding subdivision (d), the agency shall not allocate moneys pursuant to this article for purposes of funding an otherwise legally required mitigation project by a third party under any other existing agreement. (g) (1) When allocating moneys pursuant to this article, the agency shall prioritize allocations immediately necessary for operations and maintenance, but may allocate those moneys for any of the purposes described in subdivision (d) based on expected revenue. (2) Each fiscal year, the agency shall allocate a portion of the revenues deposited into the Salton Sea Lithium Fund for the purposes described in paragraph (3) of subdivision (d). (3) The agency may maintain a prudent reserve in the Salton Sea Lithium Fund. (Amended by Stats. 2022, Ch. 251, Sec. 3. (AB 209) Effective September 6, 2022.)
  59. 2952.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 3. Lithium [2950 - 2954] ( Article 3 added by Stats. 2022, Ch. 63, Sec. 1. )

    Verify source ↗

    The agency must create and adopt project solicitation and evaluation guidelines before allocating money under this article, and the secretary must post the adopted guidelines on the agency website.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 3. Lithium [2950 - 2954] ( Article 3 added by Stats. 2022, Ch. 63, Sec. 1. ) ## 2952. (a) Before allocating moneys pursuant to this article, the agency shall develop and adopt project solicitation and evaluation guidelines. (b) The guidelines may include monitoring and reporting requirements, a limit on the dollar amount of grant awards, and other requirements, including eligibility requirements. (c) The guidelines shall encourage, where feasible, inclusion of the following project components: (1) Efficient use of water supplies and other natural resources. (2) Protection and preservation of habitat. (3) Mitigation of dust or other human health hazards. (4) Protection of tribal cultural resources. (5) Operation and maintenance of built infrastructure. (6) Access and inclusion of underserved or underrepresented communities in public processes. (d) Before adopting the guidelines, the agency shall consult with tribes and hold two public meetings to consider tribal input and public comments. (e) Before holding a public meeting related to the guidelines, the agency shall publish a draft of the guidelines on its internet website. (f) All public meetings related to the guidelines shall be conducted in the vicinity of the Salton Sea. (g) The secretary shall cause to be posted, in an electronic form, the adopted guidelines on the agency’s internet website. (h) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of the guidelines. (Added by Stats. 2022, Ch. 63, Sec. 1. (SB 125) Effective June 30, 2022.)
  60. 2953.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 3. Lithium [2950 - 2954] ( Article 3 added by Stats. 2022, Ch. 63, Sec. 1. )

    Verify source ↗

    The agency may enter into agreements with other agencies, including the Department of Water Resources, to implement this article.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 3. Lithium [2950 - 2954] ( Article 3 added by Stats. 2022, Ch. 63, Sec. 1. ) ## 2953. For purposes of implementing this article, the agency may enter into agreements with other agencies, including the Department of Water Resources. (Added by Stats. 2022, Ch. 63, Sec. 1. (SB 125) Effective June 30, 2022.)
  61. 2954.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 3. Lithium [2950 - 2954] ( Article 3 added by Stats. 2022, Ch. 63, Sec. 1. )

    Verify source ↗

    The agency must publish a report on its website by June 30 each fiscal year.

    ## Fish and Game Code - FGC ## DIVISION 3. FISH AND GAME GENERALLY [2000 - 2954] ( Division 3 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 13. Salton Sea Restoration Act [2930 - 2954] ( Chapter 13 added by Stats. 2003, Ch. 611, Sec. 1. ) ## ARTICLE 3. Lithium [2950 - 2954] ( Article 3 added by Stats. 2022, Ch. 63, Sec. 1. ) ## 2954. On or before June 30 of each fiscal year, the agency shall report on its internet website the projected operating and maintenance costs of state-developed or -managed public works or restoration projects at the Salton Sea for the following fiscal year that will be funded through the Salton Sea Lithium Fund. (Amended by Stats. 2022, Ch. 251, Sec. 4. (AB 209) Effective September 6, 2022.)
  62. 3.

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

    Verify source ↗

    The code says substantially similar prior statutes should be treated as restatements and continuations, not new laws, and it does not impair preexisting privileges or rights.

    ## 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. ) ## 3. The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments. This code shall not impair any privilege granted or right acquired under any of the laws of this State prior to the date it takes effect. (Enacted by Stats. 1957, Ch. 456.)
  63. 30.

    ## 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 provision defines “Commission” and “commissioner” for the Fish and Game Code.

    ## 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. ) ## 30. “Commission” means the Fish and Game Commission, and “commissioner” means a member of the Fish and Game Commission. (Enacted by Stats. 1957, Ch. 456.)
  64. 3000.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Taking birds or mammals is unlawful during the night-time period stated, except for nongame mammals and other exceptions in the code or commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3000. It is unlawful to take any bird or mammal, except a nongame mammal, between one-half hour after sunset and one-half hour before sunrise of the following day at the place of taking, except as otherwise provided in this code or under such regulations as the commission may adopt. The commission may adopt regulations prohibiting the taking of any nongame mammal between one-half hour after sunset and one-half hour before sunrise of the following day at the place of taking. (Amended by Stats. 1971, Ch. 1470.)
  65. 3001.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to take birds or mammals with firearms, BB devices, crossbows, or a bow and arrow while intoxicated.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3001. It is unlawful to take birds or mammals with firearms, BB devices as defined in Section 16250 of the Penal Code, crossbows, or with bow and arrow when intoxicated. (Amended by Stats. 2010, Ch. 178, Sec. 29. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  66. 3002.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to shoot at any game bird or mammal, including certain marine mammals, from a powerboat, sailboat, motor vehicle, or airplane.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3002. It is unlawful to shoot at any game bird or mammal, including a marine mammal as defined in Section 4500, from a powerboat, sailboat, motor vehicle, or airplane. (Amended by Stats. 1975, Ch. 786.)
  67. 3003.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section bans internet-controlled shooting or spearing of birds or mammals and related business activity, and allows the department to seize birds or mammals possessed in violation.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3003. (a) It is unlawful for a person to shoot, shoot at, or kill a bird or mammal with a gun or other device accessed via an Internet connection in this state. (b) It is unlawful for a person, firm, corporation, partnership, limited liability company, association, or other business entity to do either of the following: (1) Own or operate a shooting range, site, or gallery located in the state for the purpose of online shooting or spearing of a bird or mammal. (2) Create, maintain, or utilize an Internet Web site, or other service or business in this state, for the purpose of online shooting or spearing of a bird or mammal. (c) It is unlawful to possess or confine a bird or mammal in furtherance of an activity prohibited by this section. (d) It is unlawful for a person in this state to import into, or export from, this state a bird or mammal that is killed by a device accessed via an Internet connection. (e) A bird or mammal that is possessed in violation of this section shall be subject to seizure by the department. (f) For the purposes of this section, “online shooting or spearing” means the use of a computer or other device, equipment, software, or technology to remotely control the aiming and discharge of a weapon, including, but not limited to, a firearm, bow and arrow, spear, slingshot, harpoon, or other projectile device. (Amended by Stats. 2015, Ch. 154, Sec. 59. (AB 1527) Effective January 1, 2016.)
  68. 3003.1.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section bans trapping certain mammals with body-gripping traps and restricts the sale of raw fur from animals trapped that way; it also bans use or authorization of steel-jawed leghold traps to capture listed animals and pets, with a narrow emergency exception.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3003.1. (a) Notwithstanding Section 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4152, 4180, or 4181: (1) It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammal’s body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps. (2) It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in paragraph (1). (3) It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, exotic game mammal, fur-bearing mammal, nongame mammal, or protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety. (4) For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, except as regards exotic game mammals. (b) Nothing in this section authorizes any person to trap for purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal by any other means. (c) This section shall become operative on July 1, 2024. (Repealed (in Sec. 1) and added by Stats. 2022, Ch. 469, Sec. 2. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  69. 3003.2.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    No person, including government employees, may poison or try to poison any animal with sodium fluoroacetate (Compound 1080) or sodium cyanide.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3003.2. Notwithstanding Sections 4003, 4152, 4180, or 4180.1 of this code or Section 14063 of the Food and Agricultural Code, no person, including an employee of the federal, state, county, or municipal government, may poison or attempt to poison any animal by using sodium fluoroacetate, also known as Compound 1080, or sodium cyanide. (Added November 3, 1998, by initiative Proposition 4, Sec. 2.)
  70. 3003.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to use a motorized water, land, or air vehicle to pursue, drive, or herd birds or mammals, unless one of the listed exceptions applies.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3003.5. It is unlawful to pursue, drive, or herd any bird or mammal with any motorized water, land, or air vehicle, including, but not limited to, a motor vehicle, airplane, powerboat, or snowmobile, except in any of the following circumstances: (a) On private property by the landowner or tenant thereof to haze birds or mammals for the purpose of preventing damage by that wildlife to private property. (b) Pursuant to a permit from the department issued under regulations as the commission may prescribe. (c) In the pursuit of agriculture. (Amended by Stats. 2007, Ch. 285, Sec. 49. Effective January 1, 2008.)
  71. 3004.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person generally may not hunt or fire a weapon within 150 yards of certain occupied buildings, unless they are the owner, in possession, or have express permission. A person also may not safely and recklessly shoot a firearm, arrow, or crossbow bolt over or across a public road or other public way.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3004. (a) It is unlawful for a person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, while within 150 yards of an occupied dwelling house, residence, or other building, or within 150 yards of a barn or other outbuilding used in connection with an occupied dwelling house, residence, or other building, to either hunt or discharge a firearm or other deadly weapon while hunting. The 150-yard area is a “safety zone.” (b) It is unlawful for a person to intentionally discharge a firearm or release an arrow or crossbow bolt over or across a public road or other established way open to the public in an unsafe and reckless manner. (Amended by Stats. 2015, Ch. 154, Sec. 60. (AB 1527) Effective January 1, 2016.)
  72. 3004.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section requires nonlead ammunition for certain hunting activities and creates fines for violations.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3004.5. (a) (1) Nonlead centerfire rifle and pistol ammunition, as determined by the commission, shall be required when taking big game, as defined in the department’s mammal hunting regulations (Section 350 of Title 14 of the California Code of Regulations), with rifle or pistol, and when taking coyote, within the California condor range. (2) For purposes of this section, “California condor range” means: (A) The department’s deer hunting zone A South, but excluding Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas west of Highway 101 within Santa Clara County, and areas between Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties. (B) Areas within deer hunting zones D7, D8, D9, D10, D11, and D13. (3) The requirements of this subdivision shall remain in effect in the California condor range unless and until the more restrictive nonlead prohibitions required pursuant to subdivision (b) are implemented. (b) Except as provided in subdivision (i), and as soon as is practicable as implemented by the commission pursuant to subdivision (h), but by no later than July 1, 2019, nonlead ammunition, as determined by the commission, shall be required when taking all wildlife, including game mammals, exotic game mammals, game birds, nongame birds, and nongame mammals, with any firearm. (c) (1) The commission shall maintain, by regulation, a public process to certify ammunition as nonlead ammunition, and shall define, by regulation, nonlead ammunition as including only ammunition in which there is no lead content, excluding the presence of trace amounts of lead. The commission shall establish and annually update a list of certified ammunition. (2) The list of certified ammunition shall include, but not be limited to, any federally approved nontoxic shotgun ammunition. (d) (1) To the extent that funding is available, the commission shall establish a process that will provide hunters with nonlead ammunition at no or reduced charge. The process shall provide that the offer for nonlead ammunition at no or reduced charge may be redeemed through a coupon sent to a permitholder with the appropriate permit tag. If available funding is not sufficient to provide nonlead ammunition at no charge, the commission shall set the value of the reduced charge coupon at the maximum value possible through available funding, up to the average cost within this state for nonlead ammunition, as determined by the commission. (2) The nonlead ammunition coupon program described in paragraph (1) shall be implemented only to the extent that sufficient funding, as determined by the Department of Finance, is obtained from local, federal, public, or other nonstate sources in order to implement the program. (e) The department shall notify those hunters who may be affected by this section. (f) A person who violates any provision of this section is guilty of an infraction punishable by a fine of five hundred dollars ($500). A second or subsequent offense shall be punishable by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000). (g) This section does not apply to government officials or their agents when carrying out a statutory duty required by law. (h) The commission shall promulgate regulations by July 1, 2015, that phase in the requirements of this section. The requirements of this section shall be fully implemented statewide by no later than July 1, 2019. If any of the requirements of this section can be implemented practicably, in whole or in part, in advance of July 1, 2019, the commission shall implement those requirements. The commission shall not reduce or eliminate any existing regulatory restrictions on the use of lead ammunition in the California condor range unless or until the additional requirements for use of nonlead ammunition as required by this section are implemented. (i) (1) The prohibition in subdivision (b) shall be temporarily suspended for a specific hunting season and caliber upon a finding by the director that nonlead ammunition of a specific caliber is not commercially available from any manufacturer because of federal prohibitions relating to armor-piercing ammunition pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code. (2) Notwithstanding a suspension pursuant to paragraph (1), nonlead ammunition shall be used when taking big game mammals, exotic game mammals, nongame birds, or nongame mammals in the California condor range. (j) This section shall become operative on July 1, 2024. (Amended (as added by Stats. 2022, Ch. 469, Sec. 4) by Stats. 2023, Ch. 132, Sec. 62. (AB 1760) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  73. 3005.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Mine operators using ongoing mining operations must prepare and submit a mitigation plan to the department, report monthly on avian mortality, and reimburse certain department costs; the department must review, monitor, and may require changes to the plan.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3005. (a) It is unlawful to take birds or mammals with any net, pound, cage, trap, set line or wire, or poisonous substance, or to possess birds or mammals so taken, whether taken within or without this state, except as provided in this code or, when relating to ongoing mining operations, in accordance with a mitigation plan approved by the department. (b) (1) Mitigation plans relating to mining operations approved by the department shall, among other criteria, require avoidance of take, where feasible, and include reasonable and practicable methods of mitigating the unavoidable take of birds and mammals. When approving mitigation plans, the department shall consider the use of the best available technology on a site-specific basis. (2) Mitigation plans relating to mining operations approved by the department shall include provisions that address circumstances where mining operations contribute to bird deaths, including ponding of process solutions on heap leach pads and exposure of process solution channels, solution ponds, and tailing ponds. (3) The mine operator shall prepare a mitigation plan that shall be submitted to the department for approval. For ongoing mining operations, the mitigation plan shall result in an overall reduction in take of avian or mammal species. The department shall provide an opportunity for public review and comment on each mitigation plan during the department’s approval process. The mitigation plan shall be prepared on a site-specific basis and may provide for offsite mitigation measures designed to reduce avian mortality. The mine operator shall submit monthly monitoring reports on avian mortality to the department to aid in evaluating the effectiveness of onsite mitigation measures. (4) The department shall monitor and evaluate implementation of the mitigation plan by the mine operator and require modification of the plan or other remedial actions to be taken if the overall reduction in take of avian or mammal species required pursuant to paragraph (3) is not being achieved. (5) The mining operator shall reimburse the department for its direct costs to provide appropriate notice of the mitigation plan to affected local government entities and other affected parties. The mine operator shall provide the department a limited number of copies, as determined by the department, of the mitigation plan for public review. (c) Proof of possession of any bird or mammal that does not show evidence of having been taken by means other than a net, pound, cage, trap, set line or wire, or poisonous substance, is prima facie evidence that the birds or mammals were taken in violation of this section. (d) This section does not apply to the lawful taking of fur-bearing mammals, nongame birds, nongame mammals, or mammals found to be injuring crops or property, to the taking of birds or mammals under depredation permits, to taking by employees of the department acting in an official capacity, or to taking in accordance with the conditions of a scientific or propagation permit by the holder of that permit. (Amended by Stats. 1994, Ch. 768, Sec. 1. Effective January 1, 1995.)
  74. 3005.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to capture or possess certain wild birds and mammals, except as allowed by this code or regulations. The commission may allow temporary confinement for treatment if the animals are injured or diseased, and the department must seize animals kept in violation of the section.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3005.5. (a) It is unlawful to capture any game mammal, exotic game mammal, game bird, nongame bird, nongame mammal, or furbearer, or to possess or confine any live game mammal, exotic game mammal, game bird, nongame bird, nongame mammal, or furbearer taken from the wild, except as provided by this code or regulations made pursuant to this code. Any bird or mammal possessed or confined in violation of this section shall be seized by the department. (b) The commission may promulgate regulations permitting the temporary confinement of game mammals, exotic game mammals, game birds, nongame birds, nongame mammals, or furbearers for the purpose of treating the animals, if injured or diseased. (c) This section shall become operative on July 1, 2024. (Repealed (in Sec. 5) and added by Stats. 2022, Ch. 469, Sec. 6. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  75. 3006.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Killing captive deer, elk, or bear is restricted, their carcasses may not be sold, and disposal must follow the department’s directions.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3006. Except as authorized under a domesticated game breeder’s license, a deer, elk, or bear kept in captivity may be killed only with the approval of the department, and pursuant to any regulation that the commission may adopt. The carcass of a deer, elk, or bear kept in captivity may not be sold, and shall be disposed of as directed by the department. (Amended by Stats. 2015, Ch. 154, Sec. 61. (AB 1527) Effective January 1, 2016.)
  76. 3007.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Taking a bird or mammal is unlawful unless the person has a license or other entitlement, subject to any code or regulatory exceptions.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3007. Except as provided in this code or regulations adopted pursuant to this code, it is unlawful to take a bird or mammal without a license or entitlement to do so. (Amended by Stats. 2015, Ch. 154, Sec. 62. (AB 1527) Effective January 1, 2016.)
  77. 3008.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    An owner must control a dog while hunting in an area where the owner is allowed to hunt. Hunting dogs vaccinated for rabies in their county of residence are exempt from local rabies vaccination requirements outside that county.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3008. The physical control of a dog by its owner while the dog is engaged in hunting in an area where the owner is otherwise authorized to hunt, shall be as required by this code or regulations made pursuant thereto. Dogs which are used for hunting which have been vaccinated for rabies in their county of residence in conformity with state law regulating vaccinations in rabies areas are not subject to rabies vaccination requirements of local ordinances outside their county of residence. (Added by Stats. 1959, Ch. 444.)
  78. 3009.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    A person taking a bird or mammal must not knowingly abandon or fail to aid someone they injure with a weapon used in that taking; doing so is a felony.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3009. Every person who while taking any bird or mammal kills or injures another person by the use of any firearm, bow and arrow, spear, slingshot, or other weapon or device used in such taking and who knowingly either abandons such person or fails to render to such injured person all necessary aid possible under the circumstances is guilty of a felony. (Added by Stats. 1961, Ch. 1815.)
  79. 301.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may adopt regulations it considers necessary for disposing of birds or mammals killed accidentally.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 301. The commission may adopt regulations that it deems necessary for the disposition of birds or mammals that are killed accidentally. (Amended by Stats. 2015, Ch. 154, Sec. 13. (AB 1527) Effective January 1, 2016.)
  80. 3010.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    A person must not take pheasants within 300 yards of a vehicle while pheasants are being released for hunting.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3010. It is unlawful for any person to take any pheasant within 300 yards of any vehicle from which pheasants are being released into an area for hunting while such pheasants are being released. (Added by Stats. 1963, Ch. 1674.)
  81. 3011.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    No person, including government employees, may take bear with iron, steel-jawed, or other metal-jawed traps.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3011. No person, including employees of the state, federal or county government, shall take bear with iron or steel-jawed or any type of metal-jawed traps, and no provision of this code or any other law shall be construed to authorize, or to permit the authorizing of, the use of iron or steel-jawed or any type of metal-jawed traps to take bear. (Added by Stats. 1967, Ch. 310.)
  82. 3012.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    Using recorded or electrically amplified bird or mammal calls, or imitations of those calls, to help take birds or mammals is unlawful, except for nongame birds and nongame mammals as permitted by commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Methods of Taking [3000 - 3012] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3012. It is unlawful to use any recorded or electrically amplified bird or mammal calls or sounds, or recorded or electrically amplified imitations of bird or mammal calls or sounds, to assist in taking any bird or mammal, except nongame birds and nongame mammals as permitted by regulations of the commission. (Added by Stats. 1971, Ch. 1114.)
  83. 302.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission must annually decide whether to continue, repeal, or amend black bear hunting-season regulations, and it must review factors affecting black bear health and viability.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 302. When adopting regulations pursuant to any authority otherwise vested in the commission by this code, the commission shall annually determine whether to continue, repeal, or amend regulations establishing hunting seasons for black bears. The determination shall include a review of factors which impact the health and viability of the black bear population. (Added by Stats. 1990, Ch. 687, Sec. 2.)
  84. 303.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Before adopting a regulation for a special black bear hunting season to reduce property damage in a specified area, the commission must comply with Article 2 starting at Section 325.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 303. Prior to adopting a regulation authorizing a special hunting season for black bears for the purpose of curtailing property damage in any specified area, the commission shall comply with Article 2 (commencing with Section 325) of Chapter 3 of Division 1. (Added by Stats. 1990, Ch. 687, Sec. 3.)
  85. 3031.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section sets hunting license eligibility and fees, and limits one youth hunter’s accompaniment rule.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3031. (a) A hunting license, granting the privilege to take birds and mammals, shall be issued to any of the following: (1) A resident of this state, 16 years of age or older, upon the payment of a base fee of thirty-one dollars and twenty-five cents ($31.25). (2) A resident or nonresident, who is under 16 years of age on July 1 of the licensing year, upon the payment of a base fee of eight dollars and twenty-five cents ($8.25), regardless of whether that person applies before or after July 1 of that year. A license issued pursuant to this paragraph shall be known as a junior hunting license and a person who holds one of these licenses shall be known as a junior hunter. (3) A nonresident, 16 years of age or older, upon the payment of a base fee of one hundred eight dollars and fifty cents ($108.50). (4) A nonresident, 16 years of age or older, valid only for two consecutive days upon payment of the fee set forth in paragraph (1). A license issued pursuant to this paragraph is valid only for taking resident and migratory game birds, resident small game mammals, fur-bearing mammals, wild pigs, and nongame mammals, as defined in this code or in regulations adopted by the commission. (5) A nonresident, valid for one day and only for the taking of domesticated game birds and pheasants while on the premises of a licensed game bird club, or for the taking of domesticated migratory game birds in areas licensed for shooting those birds, upon the payment of a base fee of fifteen dollars ($15). (b) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713. (c) The commission shall adjust the amount of the fees specified in 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. (d) A person who is 16 or 17 years of age, is in possession of a valid resident or nonresident hunting license, and is issued an entry permit pursuant to Section 551 of Title 14 of the California Code of Regulations may hunt in the area described in the entry permit unaccompanied by a person over 18 years of age but shall not be accompanied by a person under 16 years of age. (e) This section shall become operative on July 1, 2020. (Amended by Stats. 2022, Ch. 469, Sec. 7. (SB 856) Effective January 1, 2023.)
  86. 3031.2.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    The department must issue lifetime hunting licenses, and the commission must adjust the listed fees.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3031.2. (a) In addition to Section 3031, and notwithstanding Section 3037, the department shall issue lifetime hunting licenses under this section. A lifetime hunting license authorizes the taking of birds and mammals anywhere in this state in accordance with the law for purposes other than profit for the life of the person to whom issued unless revoked for a violation of this code or regulations adopted under this code. A lifetime hunting license is not transferable. A lifetime hunting license is valid for one year from July 1 through June 30 and may be renewed annually, regardless of any lapse of the license, at no additional cost to the licensee. A lifetime hunting license does not include any special tags, validations, stamps, or fees. (b) A lifetime hunting license may be issued to residents of this state, as follows: (1) To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365). (2) To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540). (3) To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600). (4) To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365). (c) (1) Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall annually be issued both of the following: (A) One deer tag application pursuant to subdivision (a) of Section 4332. (B) One wild pig validation pursuant to Section 4654. (2) Lifetime privileges issued pursuant to this subdivision are not transferable. (d) Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable. (e) Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law. (f) Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting. (g) The base fees specified in this section are applicable commencing January 1, 2004, and shall be adjusted annually thereafter pursuant to Section 713. (h) The commission shall adjust the amount of the fees specified in subdivisions (b), (c), 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. (i) This section shall become operative on July 1, 2024. (Repealed (in Sec. 8) and added by Stats. 2022, Ch. 469, Sec. 9. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  87. 3031.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Job Corps enrollees are treated as California residents when getting a hunting license.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3031.5. For the purpose of obtaining a hunting license, enrollees in the Job Corps, created by the Economic Opportunity Act of 1964 (Public Law 88-452), shall be deemed to be residents of California. (Added by Stats. 1965, Ch. 1086.)
  88. 3032.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    The commission may set up a hound tag program and, if it does, may require specific tagging, microchipping, recordkeeping, reporting, and fee rules.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3032. (a) As used in this section: (1) “Bear” and “pursue” have the same meanings as defined in Section 3960. (2) “Hound” means a dog used to pursue mammals. (b) The commission may establish a hound tag program. (c) If a hound tag program is established, the commission may require all of the following: (1) That each hound be issued a license tag bearing a unique identifying number that is to be worn at all times by the hound while pursuing mammals. (2) That all relevant local and state laws pertaining to dogs are being followed while the hound is being used to pursue mammals. (3) That each hound be microchipped with an implanted transponder that has a unique identification code. (4) That the owner maintain documentation showing that the hound is current on all required vaccinations and treatments for the prevention of rabies and any other disease specified by the department. (5) That the owner report, within 24 hours of its last sighting, any hound that is lost during hunting, pursuing, or tracking activities. (6) That the hound’s tag identification number be recorded on the hunting tag of any animal taken using the services of the hound. (d) If a hound tag program is established, the commission may adjust the amount of the fees for the hound tag as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to the program. (Added by Stats. 2012, Ch. 595, Sec. 1. (SB 1221) Effective January 1, 2013.)
  89. 3033.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    The department must issue a reduced-fee hunting license to eligible disabled veterans or recovering service members, but only if the applicant provides adequate proof of eligibility and has no conviction for violating this code.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3033. (a) Pursuant to this section, the department shall issue to a disabled veteran or recovering service member who has not been convicted of a violation of this code a reduced fee hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code. (b) The base license fee for a reduced fee hunting license shall be four dollars ($4) for the hunting license year beginning on July 1, 1995, and, for the following years, this license fee may be annually reviewed and adjusted in accordance with Section 713. (c) For the purposes of this section, the following terms have the following meanings: (1) “Disabled veteran” means a person having a 50 percent or greater service-connected disability and an honorable discharge from military service. (2) “Recovering service member” means a member of the military who meets the definition of “recovering service member” in Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). (d) A person applying for a reduced fee hunting license shall submit to the department adequate documentation for the department to determine whether the person is, in fact, eligible for a reduced fee hunting license. The department shall not issue a reduced fee hunting license to a person unless it is satisfied that the person has provided adequate documentation of eligibility for that license. (e) A disabled veteran shall submit the following documentation: (1) Proof of an honorable discharge from military service. (2) Proof of the disability described in paragraph (1) of subdivision (c), either by certification from the United States Department of Veterans Affairs or by presentation of a license issued pursuant to this section in the preceding license year. (f) A recovering service member shall submit a letter to the department stating that the person is a recovering service member as defined in subdivision (d), from either that person’s commanding officer or a military medical doctor. The letter may be submitted either in hard copy form or online. (Amended by Stats. 2015, Ch. 154, Sec. 63. (AB 1527) Effective January 1, 2016.)
  90. 3034.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must prepare a report for the Legislature by July 1, 2024, collect data for the report, and make recommendations on improving the cost-effectiveness of reduced-price tags.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3034. (a) The department shall prepare a report to the Legislature no later than July 1, 2024, on the effects of the reduced-price tags issued pursuant to Sections 331, 332, 4751, and 4902 of the Fish and Game Code on rates of participation by junior hunters, the Big Game Management Account, and the Fish and Game Preservation Fund. The department shall collect relevant, sufficient, and appropriate data to evaluate the reduced-price tag program in the report, and make recommendations on improving the cost-effectiveness of those tags. (b) The report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2028. (Added by Stats. 2018, Ch. 295, Sec. 7. (AB 2151) Effective January 1, 2019. Section operative July 1, 2019, pursuant to Stats. 2018, Ch. 295, Sec. 12. Repealed as of July 1, 2028, by its own provisions.)
  91. 3037.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A hunting license lets the license holder take birds and mammals, as allowed by law, for one year or for the rest of the term if issued late.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3037. A hunting license authorizes the person to whom it is issued to take birds and mammals, in accordance with law, for a term of one year from July 1st to June 30th, or, if issued after the beginning of such term, for the remainder of the term. (Amended by Stats. 1971, Ch. 1470.)
  92. 3038.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must issue a hunting permit to a qualifying armed forces member, and the permit is only valid while the person is in the military medical facility and is at least 70% disabled.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3038. Any member of the armed forces of the United States who is in a military medical facility and who is at least 70 percent disabled shall be issued a hunting permit, on application therefor, by the department, in lieu of a hunting license and appropriate tags, authorizing the taking of birds and mammals. If the permit covers a period during which birds or mammals may only be taken or shipped with appropriate tags, the department may issue such tags with the permit or shall endorse the permit to authorize such taking and shipping without such tags. Such a permit shall be valid only during the period of time such person is in the medical facility and so disabled. Certification by the commanding officer of the military medical facility shall be sufficient proof of this period of time and extent of disability. (Amended by Stats. 1971, Ch. 1470.)
  93. 3039.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section generally makes it unlawful to sell or buy wild birds or mammals found in California, with stated exceptions for certain antlers and game-bird parts.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3039. (a) Except as otherwise provided in this section, Section 2023, Section 3087, Section 4303, another provision of this code, or a regulation adopted pursuant to this code, it is unlawful to sell or purchase a bird or mammal found in the wild in California. (b) Shed antlers, or antlers taken from domestically reared animals that have been manufactured into products or handicraft items, or that have been cut into blocks or units that are to be handcrafted or manufactured into those articles, may be purchased or sold at any time. However, complete antlers, whole heads with antlers, antlers that are mounted for display, or antlers in velvet may not be sold or purchased at any time, except as authorized by Section 3087. (c) Notwithstanding Section 3504, inedible parts of domestically raised game birds may be sold or purchased at any time. (d) A person who illegally takes a bird or mammal for profit or for personal gain by engaging in an activity authorized by this section is subject to civil liability pursuant to Section 2582. (e) This section shall become operative on January 1, 2023. (Added by Stats. 2019, Ch. 764, Sec. 3.5. (AB 44) Effective January 1, 2020. Operative January 1, 2023, by its own provisions.)
  94. 3040.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. )

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    This section creates “Free Hunting Days,” sets duties for the director and department, and lets eligible California residents hunt under specified conditions.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Hunting Licenses [3031 - 3040] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3040. (a) Notwithstanding Section 3031, the director shall, no later than July 1, 2023, designate two days per year as “Free Hunting Days.” The department shall publish the exact dates of the free hunting days in annual publications of the department regarding current hunting regulations. (b) (1) During a free hunting day, a California resident may hunt if accompanied by a hunter who meets all of following requirements: (A) Holds a valid hunting license issued by the State of California. (B) Is at least 21 years of age. (C) Accompanies only one unlicensed hunter in the field at a time. (2) An unlicensed hunter shall participate in the free hunting days for only one license year, and shall complete a hunter education course approved by the department and register with the department, or an agent of the department, before participating in a free hunting day. While engaged in hunting activities, an unlicensed hunter and the licensed supervising hunter shall remain in close visual and verbal contact with each other at all times so that the licensed hunter is able to provide adequate direction and immediately assume control of a firearm or other legal method of take used by the unlicensed hunter at any time. (c) The department shall issue a free registration for free hunting days to any California resident who submits to the department all of the information required to issue an annual California hunting license and provides evidence of completing a course in hunter education as required in paragraph (3) of subdivision (a) of Section 3050. The free hunting day registration shall be valid from the date specified on the registration through the remainder of the license year for which the registration is issued. (d) An unlicensed hunter who participates in a free hunting day shall have in their possession all of the following: (1) A registration to hunt on free hunting days for that license year issued by the department pursuant to subdivision (c). (2) Any required tags, validations, or report cards. (3) Any required federal entitlements. (4) Any required entry permits. (e) An unlicensed hunter participating in free hunting days shall take only resident and migratory game birds, resident small game mammals, fur-bearing mammals, nongame mammals, and wild pigs with a wild pig validation. (f) An unlicensed hunter participating in free hunting days shall not apply for any draw or lottery to obtain any tag, reservation, or other hunting opportunity. (g) An unlicensed hunter hunting pursuant to this section is subject to all of the limitations, restrictions, conditions, statutes, rules, and regulations applicable to the holder of a valid hunting license, except all of the following: (1) The requirement to possess a valid hunting license pursuant to Section 3031. (2) The requirement to possess an upland game bird hunting validation pursuant to Section 3682.1. (3) The requirement to possess a state duck hunting validation pursuant to Section 3700.1. (h) An unlicensed hunter, who is 12 years of age or older, in possession of a registration to hunt on free hunting days may purchase one wild pig validation pursuant to Section 4654. (i) (1) The department may adopt additional minimum requirements and restrictions for a licensed hunter or an unlicensed hunter participating in a free hunting day pursuant to this section. (2) The department may adopt emergency regulations to implement this section in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department, or any amendments to it made by the department pursuant to this section, shall stay in effect until revised by the department. (j) (1) On or before July 1, 2022, the department shall develop a plan to implement this section. The plan shall include, at a minimum, all of the following: (A) A description of the scope of the emergency regulations necessary to implement this section. (B) A description of the steps the department will take to implement this section. (C) An estimate of the total costs to the department to implement this section. (D) Identification of the source of the funds, including fees paid by hunters, necessary to implement this section. (2) The estimate of the total costs to the department identified in subparagraph (C) of paragraph (1) shall include, but is not limited to, the costs of pursuing emergency regulations, updating existing or developing new hunting outreach materials for the free hunting days, any necessary revision to the Automated License Data System, and use of any department resources necessary to conduct the free hunting days. (3) The department shall provide the plan required by paragraph (1) to the relevant legislative policy and budget committees and post the plan on its internet website. (k) This section shall become operative on July 1, 2024. (Repealed (in Sec. 10) and added by Stats. 2022, Ch. 469, Sec. 11. (SB 856) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  95. 3049.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. )

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    The department must take all necessary steps to carry out this article.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. ) ## 3049. (a) It is the intent of the Legislature in enacting this article to ensure the health and safety of its citizens engaged in activities requiring the use of hunting implements. (b) The Legislature finds and declares that individuals who engage in hunting should possess an adequate understanding of hunter safety practices, principles of conservation, and positive sporting behavior. (c) It is also the intent of the Legislature that persons so engaged be mindful of their responsibilities to others, toward wildlife, and toward their natural environment. The department shall take all steps necessary to carry out the provisions of this article. (Amended by Stats. 2023, Ch. 132, Sec. 63. (AB 1760) Effective January 1, 2024.)
  96. 3050.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. )

    Verify source ↗

    A hunting license cannot be issued unless the applicant shows one of the listed forms of proof, and the evidence must be forwarded to the department.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. ) ## 3050. (a) No hunting license may be issued to any person unless he or she presents to the person authorized to issue that license any of the following: (1) Evidence that he or she has held a hunting license issued by this state in a prior year. (2) Evidence that he or she holds a current hunting license, or a hunting license issued in either of the two previous hunting years by another state or province. (3) A certificate of completion of a course in hunter education, principles of conservation, and sportsmanship, as provided in this article. A hunter education instruction validation stamp shall be permanently affixed to certificates of completion that have been issued before January 1, 2008. (4) A certificate of successful completion of a hunter education course in another state or province. (5) Evidence of completion of a course in hunter education, principles of conservation, and sportsmanship, which the commission may, by regulation, require. (b) The evidence required in subdivision (a) shall be forwarded to the department. (c) Subdivision (a) does not apply to any person purchasing a hunting license under paragraph (5) of subdivision (a) of Section 3031. However, that license shall not qualify as evidence required in subdivision (a) of this section. (Amended by Stats. 2015, Ch. 683, Sec. 16. (SB 798) Effective January 1, 2016.)
  97. 3051.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. )

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    The department must provide hunter education instruction and set standards for instructors, and hunter education instructors must issue completion certificates to course completers.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. ) ## 3051. (a) The department shall provide for a course of instruction in hunter education, principles of conservation, and positive sporting behavior, and for this purpose may cooperate with any reputable association or organization having as one of its objectives the promotion of hunter safety, principles of conservation, and positive sporting behavior. (b) The department may designate as a hunter education instructor any person found by it to be competent to give instruction in the courses required in this article. (c) A hunter education instructor shall issue a certificate of completion as provided by the department to a person who completes a course of instruction in hunter safety, principles of conservation, and positive sporting behavior. (d) The department shall prescribe a minimum level of skill and knowledge to be required of all hunter education instructors, and may limit the number of students per instructor in all required classes. (e) The department may revoke the certificate of an instructor when, in the opinion of the department, it is in the best interest of the state to do so. (f) In order to recruit and retain hunter education instructors, the department shall offer special hunting opportunities to qualified hunter education instructors by providing a limited number of existing tags and other hunting opportunities. The department may provide these tags and hunting opportunities through any of the following methods: (1) The private lands management program described in Article 5 (commencing with Section 3400) of Chapter 2. (2) The Shared Habitat Alliance for Recreational Enhancement (SHARE) program described in Article 3 (commencing with Section 1570) of Chapter 5 of Division 2. (3) Entering into cooperative agreements with federal, state, and local agencies that hold title to, or administer, lands or waters. (4) Entering into cooperative agreements with landowners or tenants seeking depredation permits for game mammals as described in Section 4188. (5) Authorizing a maximum of 15 tags from the annual tag quota, as determined by the department. (g) The department shall determine eligibility criteria for hunter education instructors seeking the hunting opportunities offered pursuant to subdivision (f). The department shall offer hunting opportunities to eligible hunter education instructors only by random drawing. (h) The department may adopt regulations to implement this section. (Amended by Stats. 2023, Ch. 132, Sec. 64. (AB 1760) Effective January 1, 2024.)
  98. 3052.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. )

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    A hunter education student cannot be charged for the instructor’s service fee, but may be charged for teaching costs. A cost record must be kept for department inspection.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. ) ## 3052. A person receiving instruction from a hunter education instructor shall not be charged a fee for the service provided by the instructor, but may be charged a fee to cover the costs incurred by the instructor in teaching the class. A record of these costs shall be kept for inspection by the department. Costs may include, but are not limited to, range fees, ammunition, and transportation of students. (Amended by Stats. 2015, Ch. 154, Sec. 66. (AB 1527) Effective January 1, 2016.)
  99. 3053.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. )

    Verify source ↗

    A duplicate hunter-safety certificate may be issued if the original is lost or destroyed, and a $3 administrative fee must be charged for issuing the duplicate.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. ) ## 3053. In the case of loss or destruction of a certificate, a duplicate certificate may be issued by the instructor who issued the original certificate, or, by an instructor of the sponsoring organization having adequate records to establish successful completion of the prescribed course, or by the department if verified by adequate records to establish successful completion of the prescribed course. An administrative fee of three dollars ($3) shall be charged for the issuance of a duplicate certificate, for the hunting license year commencing on July 1, 1990, and, for the following years as adjusted pursuant to Section 713. (Amended by Stats. 1989, Ch. 530, Sec. 3.)
  100. 3054.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. )

    Verify source ↗

    The department must provide hunter safety, conservation, and sportsmanship information free of charge to designated hunter education instructors for instructional use.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Hunter’s Safety [3049 - 3054] ( Article 2.5 added by Stats. 1970, Ch. 1539. ) ## 3054. The department shall furnish information on hunter safety, principles of conservation, and sportsmanship that shall be distributed free of charge to persons designated as hunter education instructors for instructional purposes. (Amended by Stats. 2007, Ch. 285, Sec. 60. Effective January 1, 2008.)
  101. 306.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    When fire danger leads to a public closure ordered or concurred in by the Governor, the commission may set a hunting or fishing season in that area.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 306. Whenever, because of extreme fire hazard, any area is closed to entry by the public by any order or proclamation issued or concurred in by the Governor the commission may establish a season for hunting or fishing within the area. The season shall commence upon or after the expiration or termination of such closure and shall correspond in length of time as nearly as may be possible to the time during which such area was closed to hunting or fishing. (Enacted by Stats. 1957, Ch. 456.)
  102. 3060.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Special Colorado River Hunting Licenses [3060 - 3063] ( Article 3 enacted by Stats. 1957, Ch. 456. )

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    The department may issue special Colorado River hunting licenses if it follows commission regulations and the commission finds Arizona authorizes similar licenses on substantially the same terms.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Special Colorado River Hunting Licenses [3060 - 3063] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 3060. The department, in conformity with such regulations as the commission may prescribe, may issue special Colorado River hunting licenses when the commission finds and determines that under the laws of the State of Arizona substantially similar licenses are authorized to be issued to licensees of the State of California upon substantially the same terms and conditions as are provided for in this article as to the issuance of licenses to licensees of the State of Arizona. (Enacted by Stats. 1957, Ch. 456.)
  103. 3061.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Special Colorado River Hunting Licenses [3060 - 3063] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A special Colorado River hunting license may be issued to a person who holds a hunting license issued by Arizona.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Special Colorado River Hunting Licenses [3060 - 3063] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 3061. A special Colorado River hunting license may be issued to any person holding a hunting license issued by the State of Arizona. (Enacted by Stats. 1957, Ch. 456.)
  104. 3062.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Special Colorado River Hunting Licenses [3060 - 3063] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A special Colorado River hunting license lets the holder take only migratory waterfowl, and only in, on, or along the Colorado River, subject to applicable state and federal laws and regulations or orders.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Special Colorado River Hunting Licenses [3060 - 3063] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 3062. A special Colorado River hunting license shall entitle the holder thereof to take only migratory waterfowl and only in, on, or along the Colorado River in accordance with the applicable state and federal laws and regulations or orders made pursuant thereto. (Enacted by Stats. 1957, Ch. 456.)
  105. 3063.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Special Colorado River Hunting Licenses [3060 - 3063] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A special Colorado River hunting license costs $2 and is valid until the end of the calendar year it is issued.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Special Colorado River Hunting Licenses [3060 - 3063] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 3063. The fee for a special Colorado River hunting license shall be two dollars ($2), and each such license shall be valid until the end of the calendar year in which it is issued. (Enacted by Stats. 1957, Ch. 456.)
  106. 307.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may lower daily bag and possession limits for certain wildlife when it finds a scarcity after investigation. Any adopted regulation must be filed with the Secretary of State, published twice in local newspapers, and posted in public places as directed by the director.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 307. (a) Whenever after due investigation the commission finds that game fish, resident or migratory birds, game or fur-bearing mammals, amphibians, or reptiles have decreased in numbers in an area, district, or portion of an area or district to the extent that a scarcity exists, the commission may reduce the daily bag limit and the possession limit on those game fish, birds, mammals, amphibians, or reptiles that are in danger of depletion, for a period of time that the commission may specify, or until new legislation addressing the scarcity becomes effective. (b) A regulation adopted pursuant to this section shall be filed with the Secretary of State, and that filing shall be deemed a legal notice thereof. (c) The regulation shall be published twice in at least one newspaper of general circulation in every county affected by the order. The publications shall be separated by a period of not less than one week and not more than two weeks. The regulation shall be posted in such public places in each county as the director may direct. (Amended by Stats. 2015, Ch. 154, Sec. 14. (AB 1527) Effective January 1, 2016.)
  107. 308.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    In District 22, taking birds, mammals, fish, amphibians, or reptiles is subject to commission regulations, and taking birds or mammals within one-eighth mile of a posted gallinaceous guzzler is unlawful.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 308. Notwithstanding any other provisions of this code, in District 22 the taking of birds, mammals, fish, amphibians, or reptiles shall be subject to regulations adopted, from time to time, by the commission, except that it is unlawful in District 22 to take birds or mammals within one-eighth mile of any gallinaceous guzzler, if the area surrounding it is posted in the manner prescribed by the commission. In the Colorado River, in District 22, the commission may adopt regulations in agreement with the proper authorities of the State of Arizona. (Amended by Stats. 2023, Ch. 132, Sec. 2. (AB 1760) Effective January 1, 2024.)
  108. 308.5.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may restrict activities, including camping, near water sources on public lands to protect mountain sheep and other wildlife. The department may make agreements to help post those areas.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 308.5. For the preservation, protection and restoration of mountain sheep and other birds and mammals in arid regions of the state, the commission, in cooperation with the agency authorized to manage the land, may prohibit any activity, including but not limited to camping, in the vicinity of waterholes, springs, seeps, and other watering places which are on public lands. The department may enter into agreements with other state and federal agencies controlling public lands for the purpose of posting such areas. (Added by Stats. 1970, Ch. 869.)
  109. 3080.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Possession of Birds and Mammals After Season [3080 - 3087] ( Article 4 enacted by Stats. 1957, Ch. 456. )

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    A person may possess certain game birds or mammals after the open season only in specified circumstances, and listed documentation must be available and kept for a set time.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Possession of Birds and Mammals After Season [3080 - 3087] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 3080. (a) For the purposes of this section, “donor intermediary” means a recipient who receives a game bird or mammal from a donor to give to a charitable organization or charitable entity. (b) A person may possess a game bird or mammal during a period other than the open season for that game bird or mammal, up to the possession limit allowed for that game bird or mammal during the open season, in any of the following circumstances: (1) The person possesses a hunting license and a validated tag or tags for the species possessed, or a copy of the license and tag or tags. The license and tag or tags shall have been issued to that person for the current or immediate past license year. (2) The person is a donor intermediary who received the game bird or mammal from a donor described in paragraph (1), and has a written confirmation of the donation that is signed and dated by the donor, and a photocopy of the donor’s hunting license and the applicable validated tag or tags from the current or immediate past license year. (3) The person is a donor intermediary who received the game bird or mammal from a donor described in paragraph (1), and has a written confirmation of the donation signed and dated by the donor, which includes the donor’s name, address, hunting license number, and applicable tag numbers for the species possessed. The license and tag or tags shall be for the current or immediate past license year. (c) The documentation required by subdivision (b) shall be made available to the department as described in Section 2012. There is no required format for the documentation. Any written documentation containing the required information shall be deemed to comply with this section. A charitable organization or charitable entity receiving and distributing a game bird or mammal for a charitable or humane purpose shall maintain the documentation described in paragraph (2) or (3) of subdivision (b) for one year from the date of disposal. (d) This section does not authorize the possession of a game bird contrary to regulations adopted pursuant to the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.). (e) On or before January 1, 2015, and subject to the requirements of subdivision (d), the commission shall recommend legislation or adopt regulations to clarify when a possession limit is not violated by processing into food lawfully taken game birds or mammals. (Amended by Stats. 2015, Ch. 154, Sec. 67. (AB 1527) Effective January 1, 2016.)
  110. 3086.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Possession of Birds and Mammals After Season [3080 - 3087] ( Article 4 enacted by Stats. 1957, Ch. 456. )

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    Cold storage plants and frozen food locker plants must keep detailed records of game birds and mammals stored there, and make a record when each animal is received.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Possession of Birds and Mammals After Season [3080 - 3087] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 3086. Cold storage plants and frozen food locker plants shall make and keep a complete detailed record of all game birds or mammals stored in such plants. A record of each game bird or mammal shall be made at the time it is received at the plant for storage. The record shall be open for inspection at all times by wardens of the department. (Amended by Stats. 1959, Ch. 253.)
  111. 3087.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Possession of Birds and Mammals After Season [3080 - 3087] ( Article 4 enacted by Stats. 1957, Ch. 456. )

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    Taxidermists who work for a fee must keep detailed records of animal skins and related parts, and those records must be available for inspection. A taxidermist may sell an unclaimed, unpaid skin only if the commission allows it by regulation.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3000 - 3087] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Possession of Birds and Mammals After Season [3080 - 3087] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 3087. (a) (1) Every person who prepares, stuffs, or mounts the skin of any fish, reptile, amphibian, bird, or mammal for another person for a fee shall make and keep an accurate and detailed record, as prescribed by regulations of the commission, regarding all fish, reptile, amphibian, bird, or mammal carcasses, skins, or parts thereof that are acquired, possessed, or stored for taxidermy purposes. (2) The record required by this section shall be made at the time the fish, reptile, amphibian, bird, or mammal carcasses, skins, or parts thereof, are received, and shall include the name and address of each person from and to whom fish, reptile, amphibian, bird, or mammal carcasses, skins, or parts thereof are received or delivered and the number and species of all fish, reptile, amphibian, bird, or mammal carcasses, skins, or parts thereof received or delivered. The record shall be open for inspection at all times pursuant to regulations adopted by the commission. (b) (1) Where a taxidermist has prepared, stuffed, or mounted the skin of any fish, reptile, amphibian, bird, or mammal for another person and that person does not pay the cost thereof, or take delivery thereof, the taxidermist may sell the skin only if the commission adopts regulations permitting the sale. (2) The commission may adopt regulations permitting a sale pursuant to Chapter 6 (commencing with Section 3046) of Title 14 of Part 4 of Division 3 of the Civil Code, and may adopt any other regulations governing the sale, including, but not limited to, regulations that require a taxidermist to record, and provide to the department, the name and address of any person failing to pay for work performed on a skin, that list species of fish, reptiles, amphibians, birds, or mammals whose prepared skins shall not be sold, and that limit the sales price of prepared skins to the actual cost of preparation. (3) The commission may adopt regulations permitting a sale of a prepared skin pursuant to this subdivision only if the commission also adopts regulations that require the posting of a notice or otherwise giving notice at the place of business of the taxidermist informing patrons of this subdivision and regulations adopted pursuant thereto. (Amended by Stats. 2007, Ch. 285, Sec. 64. Effective January 1, 2008.)
  112. 309.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may take witness depositions and compel witnesses and documents in investigations or hearings, and it must adopt due-process regulations before revoking or suspending licenses or permits, except after a qualifying conviction.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 309. (a) The commission or any person appointed by it to conduct a hearing may, in any investigation or hearing, cause the deposition of witnesses, residing within or without the state, to be taken in the manner prescribed by law for deposition in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, and may compel the attendance of witnesses and the production of documents and papers. The commission shall adopt regulations that afford procedural and substantive due process to any person whose license or permit is subject to revocation or suspension. Except upon conviction of a violation of this code or a regulation adopted pursuant to this code relating to the licensed or permitted activity and notwithstanding any other provision of this code, the commission shall not revoke or suspend any license or permit until the regulations required by this section have been adopted and approved by the Office of Administrative Law pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Any deliberation conducted by the commission, or conducted by any person appointed by the commission to conduct hearings, is deemed to be a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or similar provision, within the meaning of paragraph (3) of subdivision (c) of Section 11126 of the Government Code. (Amended by Stats. 2004, Ch. 182, Sec. 36. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  113. 310.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may designate salmon spawning areas. Taking salmon in a designated spawning area, or within 250 feet of a salmon spawning station, is unlawful.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 310. The commission may designate salmon spawning areas. It is unlawful to take salmon in any such spawning area, or within 250 feet of any salmon spawning station. (Enacted by Stats. 1957, Ch. 456.)
  114. 312.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may issue and revise permits for certain survival training take, and permit holders in that training may not use most weapons or devices to take animals.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 312. (a) The commission may issue a permit authorizing any member of the armed forces of the United States or any student or faculty member of an elementary or secondary school in the public school system actually assigned to, and participating in, an organized survival training course to take fish, amphibians, reptiles, birds, or mammals, except rare or endangered species, notwithstanding any other law or regulation, pursuant to the terms and conditions of that permit. A permit involving training by the armed forces of the United States shall be issued to the commanding officer of the unit having jurisdiction over the conduct of the survival training course. A permit involving training by an elementary or secondary school in the public school system shall be issued to the governing board or superintendent of the district having jurisdiction over that school and the conduct of the survival training course. A permit shall be applicable only to the area established for that survival training as designated by the commission in the permit and for the species and numbers designated in the permit. (b) The commission may revise a condition of a permit if it finds revision is necessary to properly protect the fish, amphibians, reptiles, birds, or mammals in the area. (c) The term of a permit issued pursuant to subdivision (a) shall be for not more than a calendar year. (d) A report shall be submitted on the expiration of the permit period specified pursuant to subdivision (c), or as otherwise required by the commission, of all fish, amphibians, reptiles, birds, or mammals taken during the period covered by the report in each permit area. A new permit shall not be issued until the report has been submitted and an existing permit may be canceled if a report is not submitted when required by the commission. (e) A person engaged in survival training taking a fish, amphibian, reptile, bird, or mammal pursuant to a permit issued under this section shall not use a firearm, bow and arrow, steel trap, explosive, chemical, poison, drug, net, or fish tackle, except that hooks, handlines, and improvised poles and lines may be used to take fish. (Amended by Stats. 2015, Ch. 154, Sec. 15. (AB 1527) Effective January 1, 2016.)
  115. 313.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may prohibit taking or possessing tuna.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 313. The commission may prohibit the taking or possessing of tuna in the same manner as taking or possessing tuna is prohibited by federal law or by rules or regulations adopted pursuant to the Tuna Conventions Act of 1950, as amended by Public Law 87-814 of the 87th Congress, notwithstanding any other provision of this code. (Added by Stats. 1963, Ch. 1598.)
  116. 314.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may close areas to taking birds or mammals in certain situations.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 314. The commission at any time may close to the taking of any species or subspecies of bird or mammal any area newly stocked by the department with resident or migratory game birds or game or fur-bearing mammals, or any area where, in the judgment of the commission, added protection for birds or mammals is needed to properly conserve the birds or mammals, for such time as the commission may designate, or until such time as new legislation thereon enacted by the Legislature may become effective. (Added by Stats. 1963, Ch. 1699.)
  117. 315.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may close streams, lakes, or other inland waters to fishing to protect and conserve fish.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 315. The commission may at any time close any stream, lake, or other inland waters, or portions thereof, to the taking of any species or subspecies of fish to protect and properly conserve the fish, except for the taking of fish otherwise permitted by this code under a commercial fishing license, for such time as the commission may designate, or until such time as new legislation thereon enacted by the Legislature may become effective. (Added by renumbering Section 314 (as added by Stats. 1963, Ch. 1439) by Stats. 1965, Ch. 137.)
  118. 315.3.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may open inland waters to fishing for fish conservation purposes, for a commission-specified time or until later legislation takes effect.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 315.3. The commission may open any stream, lake, or other inland waters, or any part of any stream, lake, or other inland waters, to the taking of any species or subspecies of fish for the proper utilization of the fish, for an amount of time specified by the commission, or until new legislation on the matter enacted by the Legislature becomes effective. (Amended by Stats. 2023, Ch. 132, Sec. 3. (AB 1760) Effective January 1, 2024.)
  119. 316.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may prohibit taking or possessing Pacific halibut, following the same approach used under federal law or International Pacific Halibut Commission rules.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 316. The commission may prohibit the taking or possessing of Pacific halibut (Hippoglossus) in the same manner as the taking or possessing of Pacific halibut is prohibited by federal law or by rules or regulations adopted by the International Pacific Halibut Commission, notwithstanding any other provision of this code. (Added by Stats. 1967, Ch. 996.)
  120. 316.5.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    The commission may prohibit taking or possessing salmon, following the same approach used under federal law or U.S. Secretary of Commerce rules.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 316.5. The commission may prohibit the taking or possessing of salmon in the same manner as the taking or possessing of salmon is prohibited by federal law or by rules or regulations adopted by the United States Secretary of Commerce, notwithstanding any other provision of this code. (Added by Stats. 1996, Ch. 870, Sec. 1. Effective January 1, 1997.)
  121. 317.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. )

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    Certain organizations running special hunts for servicemen or veterans at specified medical facilities may apply to the commission for a permit to take birds and mammals.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Generally [301 - 317] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 317. Any organization conducting a special hunt for servicemen or veterans residing in or assigned to a United States veterans or armed services medical facility may apply to the commission for, and the commission may issue, under such terms and conditions as it may impose, a permit to take birds and mammals notwithstanding the provisions of Sections 2006 and 3002. (Added by Stats. 1969, Ch. 695.)
  122. 32.

    ## 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 ↗

    “County” includes city and county.

    ## 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. ) ## 32. “County” includes city and county. (Enacted by Stats. 1957, Ch. 456.)
  123. 3200.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Some people who raise, import, or keep certain domesticated game birds or mammals in California must get a domesticated game breeder’s license if the animals are kept more than 30 days after acquisition, unless an exemption applies.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3200. Any person engaged in raising or importing, or who keeps in captivity, in this state domesticated game birds or domesticated game mammals which normally exist in the wild in this state shall procure a domesticated game breeder’s license if the birds or mammals are kept more than 30 days after acquisition. No license is, however, required of any of the following: (a) Licensed pheasant clubs. (b) Licensed domesticated migratory game bird shooting areas as defined in Article 4 (commencing with Section 3300) of Chapter 2 of Part 1 of Division 4. (c) Keepers of hotels, restaurants, boardinghouses, or clubs serving the meat of those birds or mammals for actual consumption on the premises. (d) Retail meat dealers selling that meat to customers for actual consumption. (e) Public zoological gardens possessing those birds or mammals for exhibition purposes or for the purpose of disposing of the birds or mammals by sale, exchange, or donation to other public zoological gardens. (Amended by Stats. 2023, Ch. 132, Sec. 65. (AB 1760) Effective January 1, 2024.)
  124. 3201.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person may not sell the carcass of a domesticated game bird or mammal unless a domesticated game breeder’s license has first been obtained from the department.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3201. No person shall sell the carcass of any domesticated game bird or mammal without first obtaining a domesticated game breeder’s license from the department. The department may issue such a license upon terms and conditions as the commission may prescribe, and the commission may at any time revoke such a license for sufficient cause. (Amended by Stats. 1985, Ch. 234, Sec. 1.)
  125. 3202.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Class 1 breeder licenses allow domesticated game breeding, but not sales above 175 specified pheasants. Class 2 licenses are required to sell more than that amount and give the holder the rights of a class 1 license.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3202. There are classes of domesticated game breeder’s licenses, designated “class 1” and “class 2.” (a) A class 1 domesticated game breeder’s license authorizes the licensee to engage in all domesticated game breeding activities except that not more than 175 Chinese ringneck or Mongolian ringneck pheasants, or both, or hybrids thereof, may be sold under a class 1 license. (b) A class 2 domesticated game breeder’s license is required in order to sell more than 175 Chinese ringneck or Mongolian ringneck pheasants, or both, or hybrids thereof, and entitles the licensee to all the rights and privileges of a class 1 license. (Amended by Stats. 1992, Ch. 244, Sec. 2. Effective January 1, 1993.)
  126. 3203.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must issue class 1 and class 2 domesticated game breeder’s licenses when the required base fee is paid.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3203. The department shall issue a class 1 domesticated game breeder’s license upon the payment of a base fee of eight dollars ($8), as adjusted under Section 713, and a class 2 domesticated game breeder’s license upon the payment of a base fee of forty dollars ($40), as adjusted under Section 713. (Amended by Stats. 1993, Ch. 589, Sec. 62. Effective January 1, 1994.)
  127. 3204.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Licenses under this article last one year from January 1, or for the rest of the year if issued later, and the breeder’s license must be displayed conspicuously on the property where the birds or mammals are kept.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3204. Licenses issued under the provisions of this article are valid for a term of one year from January 1st, or, if issued after the beginning of such term, for the remainder thereof. A domesticated game breeder’s license shall be conspicuously displayed on the property where the birds or mammals are held in captivity. (Enacted by Stats. 1957, Ch. 456.)
  128. 3205.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Carriers for hire may transport live domesticated game birds and mammals within the state, subject to terms and conditions set by the commission.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3205. Carriers for hire may carry within the State live domesticated game birds and mammals upon such terms and conditions as the commission may prescribe. (Enacted by Stats. 1957, Ch. 456.)
  129. 3206.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may sell domesticated game breeder’s tags or seals only to people legally in possession of domesticated game.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3206. No domesticated game bird or mammal shall be transported or sold dead unless each quarter and each loin of the carcass of each large mammal, the carcass of each bird, except as provided in Section 2401 for a domesticated game bird raised outside this State, and the carcass of each small mammal is tagged with a domesticated game breeder’s tag or seal. The tag or seal shall not be removed until such quarter, loin, or carcass is prepared for consumption. No tag so affixed shall be used again. No tag or seal shall be sold by the department to anyone other than a person who is legally in possession of domesticated game. (Enacted by Stats. 1957, Ch. 456.)
  130. 3207.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must collect $0.03 for each tag or seal.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3207. The department shall collect three cents ($0.03) for each tag or seal. (Enacted by Stats. 1957, Ch. 456.)
  131. 3208.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Licensed domesticated game breeders must file an annual report with the department by January 31 on the department’s form, and verify it by affidavit.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3208. On or before January 31st of each year, every person to whom a domesticated game breeder’s license has been issued shall report the following to the department on a form provided by the department: (a) The total number of each species of game birds and mammals killed, sold, or shipped during the preceding year. (b) The names of the persons to whom such game birds or mammals were sold or shipped. (c) The name of the person in whose presence such game birds or mammals were tagged. (d) A complete list of the game birds and mammals held in his possession at the time the report is made. Such report shall be verified by the affidavit of the licensee. (Enacted by Stats. 1957, Ch. 456.)
  132. 3209.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Licensed poultry processors may use labeled nonreusable containers instead of the Section 3206 tag when processing domesticated game birds, and processors must keep and retain records that are open to inspection.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3209. (a) In lieu of the tag required by Section 3206, poultry processing plants licensed pursuant to Chapter 4 (commencing with Section 18650) or Chapter 4.1 (commencing with Section 18940) of Part 3 of Division 9 of the Food and Agricultural Code, which process domesticated game birds received from persons licensed pursuant to this article, may package each individual carcass in a nonreusable container clearly labeled on the outside with the species of bird and the wording “Product of a Licensed California Domesticated Game Breeder.” (b) Each processor receiving domesticated game birds shall keep a complete record of all birds received showing all of the following: (1) The date received. (2) The number and species of birds in each lot or shipment. (3) The complete name, address, and domesticated game breeders’ license number of the person from whom the birds were received. (4) The disposition of processed birds, the date of sale or shipment, the quantity and species sold or shipped, and the person to whom the birds were sold or shipped. (c) The records shall be retained by the processor for one year following date of processing. These records shall be subject to inspection upon demand by any officer of the department during hours the processing plant is in operation or open for business. (d) This section does not affect the requirements of Section 3206 governing tagging domesticated game birds for transportation by those other than licensed poultry processors. (Added by Stats. 1986, Ch. 65, Sec. 1.)
  133. 3212.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Certain hotel, restaurant, boardinghouse, and club keepers may sell specified game only for on-premises consumption, and sellers must let the department inspect their premises and show stored game for inspection.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3212. The keeper of a hotel, restaurant, boardinghouse, or club may sell portions of a quarter or loin of a large mammal, or the carcass of a game bird or mammal raised or imported under a domesticated game breeder’s license, to a patron for actual consumption on the premises only, and no license for that purpose shall be required of such keeper or club. All keepers of hotels, restaurants, boardinghouses, or clubs who sell any such game for consumption to a patron shall be required to submit to the inspection of their premises by the department and shall display for such inspection any carcass or parts thereof held in storage for sale. All such game shall be tagged under Section 3206. (Enacted by Stats. 1957, Ch. 456.)
  134. 3213.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A retail meat dealer may sell certain game meat without a license, but retail dealers must let the department inspect their premises and show stored carcasses or parts at authorized inspections.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3213. A retail meat dealer may, without a license, sell portions of a quarter or loin of a large mammal or the carcass of a game bird or mammal raised or imported under a domesticated game breeder’s license to a customer for actual consumption. Retail dealers shall submit their premises to inspection by the department, and shall display at any authorized inspection any carcass or parts thereof held by them in storage. Such game meat or carcasses shall be tagged under Section 3206. (Enacted by Stats. 1957, Ch. 456.)
  135. 3214.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Certain domesticated game mammals must be kept in escape-proof cages or enclosures, and owners must try to recapture escaped animals immediately.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3214. Domesticated game breeders or other persons holding domesticated game mammals in captivity shall confine the mammals in escape-proof cages or enclosures. In the event any of the mammals escape from the cages or enclosures, the owner shall immediately make every reasonable effort to recapture them. If the owner fails to recapture the escaped mammals, the department may capture the mammals or remove them from the wild by whatever means may be necessary if, in the opinion of the department, the mammals may conflict with native species of birds or mammals or cause damage to public or private property. The owner shall reimburse the department for all costs incurred in capturing or removing the mammals from the wild. The owner of the mammals shall be responsible for any damage they may cause to public or private property. Any domesticated big game mammal may be marked with ear tags or other suitable markings or tags, as may be specified by the commission, which shall identify the owner of the mammals. (Amended by Stats. 1970, Ch. 527.)
  136. 3216.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Domesticated game birds and mammals sold under this article, except deer, must be killed by a method other than shooting.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3216. All domesticated game birds and mammals, excepting deer, sold under the provisions of this article, shall be killed otherwise than by shooting. This section does not apply to licensed pheasant clubs, licensed domesticated migratory game bird shooting areas, or to the training or practice of hunting dogs. (Amended by Stats. 1970, Ch. 1312.)
  137. 3217.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A carcass of a game bird killed by shooting is prima facie evidence that it was not a domesticated game bird.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3217. The carcass of a game bird which shows that it has been killed by shooting shall constitute prima facie evidence that it was not a domesticated game bird. The fact that the bird has been tagged in accordance with Section 3206 of this code shall not alter this presumption. (Enacted by Stats. 1957, Ch. 456.)
  138. 3218.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may revoke a license issued under this article if the licensee is convicted of violating the code, and it may not issue a similar license to that licensee during the same license year.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3218. Any license issued under this article may be revoked by the commission upon conviction of the licensee of a violation of any provision of this code, and no similar license may be issued to the licensee during the same license year. (Amended by Stats. 1985, Ch. 234, Sec. 2.)
  139. 3219.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Domesticated reindeer may be imported into this State and sold only under regulations the commission may prescribe.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Domesticated Game Breeding [3200 - 3219] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 3219. Domesticated reindeer may be imported into this State and sold only in accordance with regulations which the commission may prescribe. (Enacted by Stats. 1957, Ch. 456.)
  140. 3240.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person in control of a commercial hunting club must get a commercial hunting club license before any bird or mammal may be taken on the property.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3240.5. (a) For purposes of this article, the following terms have the following meanings: (1) “Commercial hunting club” means property with respect to which a fee is imposed or collected for either of the following: (A) Taking or attempting to take birds or mammals on the property. (B) A type of entry or use permit that includes permission to take birds or mammals on the property. (2) “Property” means a number of contiguous legal parcels owned by one or more owners and held out for a common purpose. (b) A person, including, but not limited to, an owner, renter, or lessee, who is in possession or control of a commercial hunting club, shall procure a commercial hunting club license before a bird or mammal may be taken on the property. (c) This article does not apply under any of the following circumstances: (1) The fees described in paragraph (1) of subdivision (a) that are received by the owner, renter or lessee of the property are less than one hundred dollars ($100) per entrant and total less than one thousand dollars ($1,000) between July 1 and the following June 30. Pursuant to Section 713, department may adjust the threshold amounts established in this paragraph. (2) The property is used in conjunction with the Shared Habitat Alliance for Recreational Enhancement (SHARE) program under Article 3 (commencing with Section 1570) of Chapter 5 of Division 2. (3) A domesticated game bird hunting club licensed under Article 3 (commencing with Section 3270) operates on the property. (4) A domesticated migratory game bird shooting area licensed under Article 4 (commencing with Section 3300) operates on the property. (5) The property is used by a hunting club or program licensed under regulations adopted pursuant to this code. (6) The property is used in conjunction with the private wildlife habitat enhancement and management program under Article 5 (commencing with Section 3400). (7) The property is used for an officially sanctioned field trial event pursuant to regulations adopted pursuant to this code. (8) The property is subject to a recorded state, federal, or nonprofit wildlife conservation or agricultural easement or is enrolled in a habitat protection or enhancement program under this code, including, but not limited to, Article 7 (commencing with Section 3460). (d) This chapter does not apply to an owner of property that is rented or leased to a commercial hunting club, if the owner is not involved in the operation of the club and the club is licensed in accordance with this chapter. (Amended by Stats. 2015, Ch. 154, Sec. 68. (AB 1527) Effective January 1, 2016.)
  141. 3241.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    An applicant for a commercial hunting club license must file the application on a department form and include specified information. The department must also allow a single application for clubs leasing or renting more than one hunting property if the required property-by-property information is submitted in an approved format.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3241. (a) An application for a commercial hunting club license shall be submitted on a form furnished by the department. The application, which shall set forth all of the exemptions and conditions established in Section 3240.5, shall require the applicant to include all of the following information: (1) The name of the club and the ownership. (2) The business telephone number and mailing address of the club. (3) The number of properties used by the club and the physical location of each property. (4) The total acreage of the club property. (5) A list of all species of game hunted on the club property. (6) Information as to whether the club owner owns any of the properties used by the club. (7) The name and address of each property owner, if the property owner is substantially involved in the operation of the club, but does not own the club. (8) The signature and title of the applicant. (9) Any other information the department may require. (b) The department shall allow a commercial hunting club that leases or rents more than one property for hunting purposes to submit a single application listing each of the properties for which the club is seeking a license, if all of the information required for each property is submitted in a format approved by the department. (Repealed and added by Stats. 2009, Ch. 394, Sec. 8. (AB 1423) Effective January 1, 2010.)
  142. 3242.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may issue a commercial hunting club license if a completed application is submitted and the required fee is paid.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3242. (a) The department may issue a commercial hunting club license to any person upon submission of a completed application and payment of the required fee, according to the number of properties used by the club, as follows: (1) The fee for one property shall be two hundred dollars ($200). (2) The fee for two to five properties shall be five hundred dollars ($500). (3) The fee for six to 10 properties shall be one thousand dollars ($1,000). (4) The fee for 11 or more properties shall be two thousand dollars ($2,000). (b) The fees specified in this section are applicable to the 2010 license year, and shall be adjusted annually thereafter pursuant to Section 713. (Repealed and added by Stats. 2009, Ch. 394, Sec. 10. (AB 1423) Effective January 1, 2010.)
  143. 3243.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may transfer a commercial hunting club license to other land in the same county, if the new land is suitable and the transfer does not conflict with the public interest.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3243.5. The commission may transfer a commercial hunting club license to other land owned or controlled by the licensee, in the same county as the originally licensed land, without an additional fee, if the commission finds the new land suitable for the purposes of the license and the transfer does not conflict with the public interest. (Amended by Stats. 2015, Ch. 154, Sec. 69. (AB 1527) Effective January 1, 2016.)
  144. 3245.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Commercial hunting club licenses last one year from July 1, or for the rest of that term if issued later. The license lets the holder maintain a hunting club subject to the code and commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3245. Commercial hunting club licenses are valid for a term of one year from July 1st, or, if issued after the beginning of such term, for the remainder thereof. A license authorizes the person to whom it is issued to maintain a hunting club in accordance with the provisions of this code and such regulations as the commission may prescribe. (Amended by Stats. 1959, Ch. 248.)
  145. 3246.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission or a court may revoke a commercial hunting club license after the licensee is convicted of violating the code.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Commercial Hunting Clubs [3240.5 - 3246] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 3246. Any license issued under this article may be revoked by the commission at one of the commission’s regularly scheduled meetings, or by a court of competent jurisdiction, upon the licensee’s conviction of a violation of this code, and no new license may be issued to the licensee during the same license year. (Amended by Stats. 1986, Ch. 1244, Sec. 3.)
  146. 325.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may, after due investigation and specific findings about animal overpopulation, property damage, or overgrazing, adopt regulations for a special hunting season, higher bag limits, or removal of sex restrictions.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 325. Whenever after due investigation the commission finds that game mammals, other than deer, and fur-bearing mammals and resident game birds have increased in numbers in any areas, districts, or portions thereof other than a refuge or preserve established by statute, to such an extent that a surplus exists, or to such an extent that the mammals or birds are damaging public or private property, or are overgrazing their range, the commission may provide by regulation, for a special hunting season for the mammals and birds, additional to, or concurrent with any other open season specified by law; or provide for increased bag limits; or remove sex restrictions specified by law. (Amended by Stats. 1977, Ch. 839.)
  147. 326.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Before adopting a regulation under Section 325, the commission must publicly announce the proposed regulation and set a hearing in each affected county.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 326. Before adopting a regulation pursuant to Section 325, the commission at an open meeting shall publicly announce the contents of the proposed regulation, and fix a time and place for a hearing on the proposed regulation in each county that would be affected by the regulation. The time for each hearing shall be at least 21 days after the announcement, and the place shall be the county seat of the affected county. (Amended by Stats. 2015, Ch. 154, Sec. 16. (AB 1527) Effective January 1, 2016.)
  148. 327.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission must publish hearing notice at least 10 days before the hearing and notify each affected county’s board of supervisors members at their home addresses at least 10 days before the hearing.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 327. Notice of the hearing shall be published at least once, and at least 10 days prior to the hearing, in a newspaper of general circulation in each of the counties in which the hearing is to be held, or if no such newspaper is published in that county or counties then in such a newspaper in an adjoining county. The hearing shall be conducted by either (a) the commission, (b) a member of the commission designated by it, or (c) the director if requested so to do by the commission. At least 10 days prior to the holding of any such hearing the commission shall notify each member of the board of supervisors, at his home address, of each county affected of the details of its proposed order affecting such county and the time and date of the hearing. (Amended by Stats. 1969, Ch. 813.)
  149. 3270.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Licensed Domesticated Game Bird Hunting Clubs [3270- 3270.] ( Heading of Article 3 amended by Stats. 1994, Ch. 849, Sec. 7. )

    Verify source ↗

    A person who owns or controls hunting rights on land may apply to the department for a game bird club license to take game birds on that land.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Licensed Domesticated Game Bird Hunting Clubs [3270- 3270.] ( Heading of Article 3 amended by Stats. 1994, Ch. 849, Sec. 7. ) ## 3270. In order to provide additional hunting by stocking domestically propagated game birds, and to permit the taking of game birds under conditions that will not conflict with the public interest, any person who owns or controls the hunting rights on a tract of land may apply to the department for a game bird club license authorizing the taking of game birds upon that land in accordance with the regulations of the commission for the administration, including the implementation and enforcement, of this section. (Amended by Stats. 2023, Ch. 132, Sec. 66. (AB 1760) Effective January 1, 2024.)
  150. 328.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Department employees needed for a hearing, or requested by an interested group, must be present. After the hearing, the commission may abandon the proposal or issue a final regulation, with or without modifications.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 328. Such employees of the department as may be necessary or are requested by any interested group of persons, shall be present at the hearing. After the hearing the commission may abandon the proposal or make a final regulation, with any modifications it deems appropriate, or without modification. (Enacted by Stats. 1957, Ch. 456.)
  151. 329.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The regulation may set special hunting license fees and control how special hunting works.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 329. The regulation may fix a license fee for special hunting and designate the number of special licenses to be issued, the area in which such hunting will be permitted, the number and sex of animals or birds that may be killed by each holder of a special license, and the conditions and regulations to govern such hunting. (Amended by Stats. 1977, Ch. 839.)
  152. 33.

    ## 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 provision defines “credible science” as the best available scientific information, along with listed evaluation principles and adaptive management.

    ## 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. ) ## 33. “Credible science” means the best available scientific information that is not overly prescriptive due to the dynamic nature of science, and includes the evaluation principles of relevance, inclusiveness, objectivity, transparency, timeliness, verification, validation, and peer review of information as appropriate. Credible science also recognizes the need for adaptive management, as defined in Section 13.5, as scientific knowledge evolves. (Added by Stats. 2012, Ch. 559, Sec. 4. (AB 2402) Effective January 1, 2013.)
  153. 330.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Cooperative hunting areas may be established in connection with any area opened to hunting under this article.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Special Seasons [325 - 330] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 330. Cooperative hunting areas, as described in Section 1575, may be established in connection with any area opened to hunting under the provisions of this article. (Amended by Stats. 2015, Ch. 154, Sec. 17. (AB 1527) Effective January 1, 2016.)
  154. 3300.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. )

    Verify source ↗

    A person may not raise or release domesticated migratory game birds for paid shooting unless they have a revocable, nontransferable license from the department.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. ) ## 3300. It is unlawful for any person to engage in the raising and releasing, or the releasing, of domesticated migratory game birds for shooting by persons who pay for that privilege, unless the person has a revocable nontransferable license issued by the department. The licenses may be issued annually by the department and shall be valid from July 1 through the following June 30, upon payment of a base fee of eighty dollars ($80), as adjusted under Section 713. Any bird of a species included in the definition of migratory game birds, as defined in Section 3500, which has been held live in captivity is a “domesticated migratory game bird” for purposes of this section, except such a bird that has been released from captivity and any control before attaining six weeks of age. (Amended by Stats. 1986, Ch. 1368, Sec. 13.)
  155. 3301.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. )

    Verify source ↗

    A license application must show the size and location of the area, and if the license is approved and issued, the licensee must post boundary signs every 500 feet or less that identify the area as licensed for shooting domesticated migratory game birds.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. ) ## 3301. The application for a license shall show the size and location of the area to be licensed. If an application is approved and a license is issued, the licensee shall post the boundaries of the licensed area with signs, at intervals of not more than 500 feet, which shall indicate that the area is licensed for the shooting of domesticated migratory game birds. Such signs shall be of a size not less than 12 by 18 inches. (Added by Stats. 1970, Ch. 1312.)
  156. 3302.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. )

    Verify source ↗

    The commission may make extra rules for releasing and shooting domesticated migratory game birds, and must set the season and areas where they may be taken.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. ) ## 3302. The commission may prescribe additional regulations deemed necessary for the releasing and shooting of domesticated migratory game birds and shall set the season and areas where such birds may be taken. If the licensee violates any of the provisions of this article or any regulations made pursuant thereto, the commission may cancel or revoke the license provided notice has been given to the licensee and he has been given an opportunity to be heard by the commission. (Added by Stats. 1970, Ch. 1312.)
  157. 3303.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. )

    Verify source ↗

    A licensee rearing or holding domesticated migratory game birds for release must care for them properly, keep them under sanitary conditions, and allow inspection of birds and facilities when the department requests it.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. ) ## 3303. Where domesticated migratory game birds are reared or held for release by the licensee, the licensee shall provide proper and adequate care for the birds and shall raise and hold them only under sanitary conditions. Conditions for proper care and raising shall be prescribed by the commission. The licensee shall provide for the inspection of birds and facilities upon the request of the department. (Added by Stats. 1970, Ch. 1312.)
  158. 3305.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. )

    Verify source ↗

    Birds released for shooting must be at least 14 weeks old and fit to survive in the wild; birds that are altered, diseased, malnourished, or injured must not be released.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. ) ## 3305. All domesticated migratory game birds at time of release for shooting shall be at least 14 weeks of age, capable of strong and sustained flight, fully feathered, and otherwise in condition to survive in the wild. Birds that are altered in any manner which would, in the opinion of the department, render them incapable of normal sustained flight, or which are diseased, or show evidence of malnutrition or injury, shall not be released. (Added by Stats. 1970, Ch. 1312.)
  159. 3306.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. )

    Verify source ↗

    Shooting in these areas must stay in blinds, with a narrow exception to recover a downed and injured bird, and there are spacing, occupancy, and blind-construction rules.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. ) ## 3306. Shooting shall be confined to blinds, except for shooting necessary to recover a downed and injured bird, and not more than three shooters shall occupy or use each blind. Such blinds shall be constructed to prevent the shooting of domestic migratory game birds over water and to insure maximum safety to occupants of adjoining blinds. The blinds shall be so situated that the occupants of the blinds cannot see the release site. The licensee shall not permit any shooting within 500 feet of a point where the birds are released, nor shall any birds be taken within such distance from the point of release. (Added by Stats. 1970, Ch. 1312.)
  160. 3307.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. )

    Verify source ↗

    The licensee must make a retrieving dog available to shooters, and birds that are killed or injured must be retrieved without delay and injured birds humanely dispatched.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. ) ## 3307. All birds killed or injured by shooters shall be retrieved without delay, and all injured birds shall be humanely dispatched. The licensee shall not permit injured birds to remain on a pond or feeding area, nor shall he knowingly permit such birds to be used in any subsequent release. In order to prevent the loss of any dead or injured birds, the licensee shall provide the use of a retrieving dog, without cost, to all shooters, except that shooters may provide their own retrieving dogs. The licensee shall not permit the shooting of any birds unless a retrieving dog is immediately available for use by all shooters. (Added by Stats. 1970, Ch. 1312.)
  161. 3308.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. )

    Verify source ↗

    Licensees must pay the department an inspection fee of up to 5 cents for each domesticated migratory game bird raised or used on a licensed area.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. ) ## 3308. Licensees shall pay the department an inspection fee not to exceed five cents ($0.05) for each domesticated migratory game bird raised or used on a licensed area to insure proper adherence to these regulations. (Added by Stats. 1970, Ch. 1312.)
  162. 3309.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. )

    Verify source ↗

    A dead domesticated migratory game bird may not be removed from a licensed area until a seal is securely attached to the carcass, and the seal must stay attached until the bird is finally prepared for consumption.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. ) ## 3309. No dead, domesticated migratory game bird shall be removed from the premises of a licensed area until there is securely attached to the carcass a seal, and such seal shall remain attached to the carcass until it is finally prepared for consumption. Each such seal shall be supplied by the department at a fee set by the commission not to exceed five cents ($0.05). (Added by Stats. 1970, Ch. 1312.)
  163. 331.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.1. Antelope and Elk [331 - 332] ( Heading of Article 2.1 added by Stats. 1984, Ch. 526, Sec. 4. )

    Verify source ↗

    The commission controls pronghorn antelope hunting tags and limits, sets fees, and directs the department on annual tag authorization.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.1. Antelope and Elk [331 - 332] ( Heading of Article 2.1 added by Stats. 1984, Ch. 526, Sec. 4. ) ## 331. (a) The commission may determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the sex and total number of pronghorn antelope (Antilocapra americana) that may be taken under regulations that the commission may adopt from time to time. Only a person possessing a valid hunting license, who has not received a pronghorn antelope tag under these provisions during a period of time specified by the commission, may obtain a tag for the taking of pronghorn antelope. (b) The department may issue a pronghorn antelope tag upon payment of a fee. The fee for a pronghorn antelope tag shall be fifty-five dollars ($55) for a resident of the state, as adjusted under Section 713. On or before July 1, 2007, the commission shall, by regulation, fix the fee for a nonresident of the state at not less than a fee of three hundred fifty dollars ($350), as adjusted under Section 713. The fees shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended, in addition to moneys budgeted for salaries of persons in the department as set forth in Section 3953. (c) The commission shall direct the department to annually authorize not less than one pronghorn antelope tag or more than 1 percent of the total number of tags available for the purpose of raising funds for programs and projects to benefit pronghorn antelope. These tags may be sold at auction to residents or nonresidents of the state or by another method and are not subject to the fee limitation prescribed in subdivision (b). All revenues from sales pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (d) The commission shall direct the department to annually authorize one pronghorn antelope tag of the total number of tags available for issuance to nonresidents of the state. (e) This section shall become operative on July 1, 2025. (Repealed and added by Stats. 2018, Ch. 295, Sec. 2. (AB 2151) Effective January 1, 2019. Section operative July 1, 2025, by its own provisions.)
  164. 3310.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. )

    Verify source ↗

    A person may not shoot domesticated migratory game birds on a licensed area unless they have a valid hunting license under Section 3031.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. ) ## 3310. It shall be unlawful for any person to shoot domesticated migratory game birds on a licensed area without having a valid hunting license as provided by Section 3031. (Added by Stats. 1970, Ch. 1312.)
  165. 3311.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. )

    Verify source ↗

    The licensee must comply with all applicable federal laws or regulations about releasing and shooting domesticated migratory game birds.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Licensed Domesticated Migratory Game Bird Shooting Areas [3300 - 3311] ( Article 4 added by Stats. 1970, Ch. 1312. ) ## 3311. The licensee shall comply with all applicable federal laws or regulations relating to the releasing and shooting of domesticated migratory game birds. (Added by Stats. 1970, Ch. 1312.)
  166. 332.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.1. Antelope and Elk [331 - 332] ( Heading of Article 2.1 added by Stats. 1984, Ch. 526, Sec. 4. )

    Verify source ↗

    The commission and department may manage elk hunting tags, seasons, limits, and fees, but elk tags generally require a valid hunting license and some fees and tag counts are capped.

    ## Fish and Game Code - FGC ## DIVISION 1. FISH AND GAME COMMISSION [101 - 500] ( Division 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Other Regulatory Powers [301 - 398] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.1. Antelope and Elk [331 - 332] ( Heading of Article 2.1 added by Stats. 1984, Ch. 526, Sec. 4. ) ## 332. (a) The commission may determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the number of elk that may be taken under rules and regulations that the commission may adopt from time to time. The commission may authorize the taking of tule elk if the average of the department’s statewide tule elk population estimates exceeds 2,000 animals, or the Legislature determines, pursuant to the reports required by Section 3951, that suitable areas cannot be found in the state to accommodate that population in a healthy condition. (b) Only a person possessing a valid hunting license may obtain a tag for the taking of elk. (c) The department may issue an elk tag upon payment of a fee. The fee for an elk tag shall be one hundred sixty-five dollars ($165) for a resident of the state, as adjusted under Section 713. On or before July 1, 2007, the commission shall, by regulation, fix the fee for a nonresident of the state at not less than one thousand fifty dollars ($1,050), as adjusted under Section 713. The fees shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended, in addition to moneys budgeted for salaries of the department as set forth in Section 3953. (d) The commission shall annually direct the department to authorize not more than three elk tags for the purpose of raising funds for programs and projects to benefit elk. These tags may be sold at auction to residents or nonresidents of the state or by another method and are not subject to the fee limitation prescribed in subdivision (c). All revenues from sales pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (e) The commission shall direct the department to annually authorize one elk tag of the total number of tags available for issuance to nonresidents of the state. (f) This section shall become operative on July 1, 2025. (Repealed and added by Stats. 2018, Ch. 295, Sec. 4. (AB 2151) Effective January 1, 2019. Section operative July 1, 2025, by its own provisions.)
  167. 3400.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. )

    Verify source ↗

    The state’s policy is to improve wildlife habitat on private land, and the commission and department may develop a program to carry out this article.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. ) ## 3400. It is the policy of the state actively to ensure the improvement of wildlife habitat on private land in order to encourage the propagation, utilization, and conservation of fish and wildlife resources on those lands now and for the future in cooperation with private landowners. The commission and the department may develop a private wildlife habitat enhancement and management program for the implementation of this article. (Amended by Stats. 1992, Ch. 818, Sec. 1.5. Effective January 1, 1993.)
  168. 3401.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. )

    Verify source ↗

    The commission may allow the department to issue certain licenses for wildlife habitat areas on suitable private land, but the land stays closed to the public without the landholders’ consent, public access roads cannot be closed because of the program, and rut hunting is allowed only when consistent with the management plan and not harmful to the deer herd.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. ) ## 3401. (a) The commission may authorize the department to issue revocable, nontransferable licenses for the operation of wildlife habitat enhancement and management areas on any private lands it determines are suitable for habitat enhancement, management, utilization, propagation, and conservation of fish and wildlife resources of those lands. Any private lands affected by a habitat enhancement and management plan licensed pursuant to this article shall not be available for use by the general public without the consent of the landholders. No public access road shall be closed to the public under this article as a result of licensing a wildlife habitat enhancement and management area or implementing the wildlife habitat enhancement and management plan. (b) The commission shall authorize hunting during the rut only in a wildlife habitat enhancement and management area when that hunting is consistent with the management plans prepared for that area or herd and does not result in an overall negative effect on the deer herd population in that area. (Amended by Stats. 1992, Ch. 818, Sec. 2. Effective January 1, 1993.)
  169. 3402.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. )

    Verify source ↗

    A wildlife habitat enhancement and management license may be issued to landholders if the commission approves the application.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. ) ## 3402. (a) A license for a wildlife habitat enhancement and management area may be issued to any landholder or combination of landholders upon approval by the commission of an application submitted by the landholder. As used in this article, “landholder” means any person who owns, leases, or has a possessory interest in land. (b) Each license application shall be accompanied by a nonrefundable fee in an amount established by the commission which, in conjunction with the fees collected pursuant to Section 3407, is calculated to meet the department’s actual costs in administering all aspects of the habitat enhancement and management program. The application shall be accompanied by a wildlife habitat enhancement and management plan and such other information about the proposed wildlife habitat enhancement and management area as may be required by the commission. (c) An application for a license may be submitted by any number of landholders if all parcels to be included in the wildlife habitat enhancement and management area are contiguous and, in combination, are of a size suitable for the management of the species included in the wildlife habitat enhancement and management plan. The landholders shall designate one landholder who shall represent them in all dealings with the commission and the department. The designated landholder shall be responsible for the operation of the wildlife habitat enhancement and management area. (d) A landholder who does not own the fee to the land may apply for a license pursuant to this article only if the owner signs the application. (Amended by Stats. 1992, Ch. 818, Sec. 3. Effective January 1, 1993.)
  170. 3403.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. )

    Verify source ↗

    The commission must require landowners in a wildlife habitat enhancement and management area to post all or part of the area’s boundaries with public land, and may require owners to do the same for private land.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. ) ## 3403. The commission shall require the landowners of a wildlife habitat enhancement and management area to post all or part of its boundaries with public land. The commission may require the owners of a wildlife habitat enhancement and management area to post all or part of its boundaries with private land. (Amended by Stats. 1992, Ch. 818, Sec. 3.5. Effective January 1, 1993.)
  171. 3404.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. )

    Verify source ↗

    The commission may adopt regulations needed to administer this article and may revoke a license after notice and a hearing for specified violations.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. ) ## 3404. (a) The commission may adopt regulations necessary for the administration of this article. (b) After notice and a hearing, the commission may revoke the license for any violation of any provision of this code or any regulations adopted pursuant thereto or for any violation of the terms of the license. (Amended by Stats. 1984, Ch. 144, Sec. 29.)
  172. 3406.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. )

    Verify source ↗

    The department must issue a five-year license after plan approval, and licensees must report annually; deer taking is restricted during the first year and until habitat enhancement is accepted by the department, except during the general open season and within applicable bag and possession limits.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. ) ## 3406. (a) Upon approval of the wildlife habitat enhancement and management plan, the department shall issue a license, which shall be valid for five calendar years, authorizing the taking of those species of fish, game birds, and game mammals designated in the wildlife habitat enhancement and management plan, pursuant to the plan and regulations of the commission for the operation of the wildlife habitat enhancement and management area. Regulations adopted pursuant to this section may supersede any provision of this code designated by number in the regulation, but shall do so only to the extent specifically provided in the regulation. (b) During the first year of operation of a wildlife habitat enhancement and management area under a wildlife habitat enhancement and management plan and, thereafter, until the operator demonstrates habitat enhancement in the area acceptable to the department, no person shall take, and the plan shall not authorize the taking, of deer except during the general open season and consistent with the bag and possession limits for the fish and game district or the zone in which the wildlife habitat enhancement and management area is located. (c) The activities conducted pursuant to each wildlife habitat enhancement and management plan shall be reviewed annually by the department and reviewed by the commission at a public hearing. Each licensee shall annually submit information to the department about past activities and the activities intended to be conducted in the succeeding year. Any change to the wildlife habitat enhancement and management plan or the regulations applicable to the wildlife habitat enhancement and management area shall be proposed to the commission by the department or the licensee at the license review hearing. (Amended by Stats. 1992, Ch. 818, Sec. 4. Effective January 1, 1993.)
  173. 3407.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. )

    Verify source ↗

    The commission may require wildlife taken from certain licensed habitat areas to be tagged or sealed before removal, a deer tag must be countersigned by an authorized person, and the commission sets tag and seal fees.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. ) ## 3407. (a) The commission may require that any fish, bird, or mammal taken in a wildlife habitat enhancement and management area licensed pursuant to this article be marked for identification with a distinctive tag or seal issued by the department prior to being removed from the area. (b) A deer tag shall be countersigned by a person authorized to do so by Section 4341. (c) Any fish, bird, or mammal so identified may be possessed and transported at any time during the period for which the tag or seal is valid. (d) The fees for tags and seals shall be established by the commission in amounts which, in conjunction with fees collected pursuant to Section 3402, are calculated to meet the actual costs incurred by the department in administering all aspects of the habitat enhancement and management program. (Amended by Stats. 2023, Ch. 132, Sec. 67. (AB 1760) Effective January 1, 2024.)
  174. 3408.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. )

    Verify source ↗

    Certain landholders meeting the stated license, fee, and plan conditions do not need additional licenses or permits or to pay additional fees, except for hunting and sport fishing requirements.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands [3400 - 3408] ( Heading of Article 5 amended by Stats. 1992, Ch. 818, Sec. 1. ) ## 3408. Any landholder who has paid the fee required by this article, has a valid license issued pursuant to this article, and who is conducting activities pursuant to an approved wildlife habitat enhancement and management plan that could be licensed or permitted pursuant to another provision of this code shall be exempt from any requirement to obtain that other license or permit or to pay any other fee. This section shall not, however, be construed to exempt anyone from any requirement pertaining to hunting and sport fishing licenses and stamps. (Amended by Stats. 1992, Ch. 818, Sec. 6. Effective January 1, 1993.)
  175. 3450.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Management of Fish and Wildlife on Military Lands [3450 - 3453] ( Article 6 added by Stats. 1986, Ch. 591, Sec. 1. )

    Verify source ↗

    The state encourages biologically sound management of fish and other wildlife resources on Department of Defense lands, and the department may develop a program to help carry out the article with the military services.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Management of Fish and Wildlife on Military Lands [3450 - 3453] ( Article 6 added by Stats. 1986, Ch. 591, Sec. 1. ) ## 3450. It is the policy of the state to actively encourage the biologically sound management of fish and other wildlife resources on lands administered by the United States Department of Defense. The department may develop a program to implement this article in cooperation with the military services. (Added by Stats. 1986, Ch. 591, Sec. 1.)
  176. 3451.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Management of Fish and Wildlife on Military Lands [3450 - 3453] ( Article 6 added by Stats. 1986, Ch. 591, Sec. 1. )

    Verify source ↗

    The department may work with U.S. military branches and the Department of Defense to develop fish and wildlife management plans for military installations.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Management of Fish and Wildlife on Military Lands [3450 - 3453] ( Article 6 added by Stats. 1986, Ch. 591, Sec. 1. ) ## 3451. The department may coordinate and cooperate with all branches of the United States military service, Department of Defense, for the purpose of developing fish and wildlife management plans and programs on military installations. The plans and programs shall be designed to provide biologically optimum levels of fish and wildlife resource management and use compatible with the primary military use of those lands. Military lands involved in programs developed pursuant to this article shall not be available to the general public without the consent of the military service administering the lands. (Added by Stats. 1986, Ch. 591, Sec. 1.)
  177. 3452.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Management of Fish and Wildlife on Military Lands [3450 - 3453] ( Article 6 added by Stats. 1986, Ch. 591, Sec. 1. )

    Verify source ↗

    The commission may adopt regulations and may authorize the department to make agreements with the United States Department of Defense to administer this article.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Management of Fish and Wildlife on Military Lands [3450 - 3453] ( Article 6 added by Stats. 1986, Ch. 591, Sec. 1. ) ## 3452. The commission may adopt regulations and authorize the department to enter into agreements with the United States Department of Defense for the administration of this article. (Added by Stats. 1986, Ch. 591, Sec. 1.)
  178. 3453.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Management of Fish and Wildlife on Military Lands [3450 - 3453] ( Article 6 added by Stats. 1986, Ch. 591, Sec. 1. )

    Verify source ↗

    The commission may authorize actions and adopt regulations for approved management plans and programs that reflect the department’s recommendations. Those regulations are not subject to Sections 457 to 460, and the program activities must be reviewed annually by the department and the commission.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 6. Management of Fish and Wildlife on Military Lands [3450 - 3453] ( Article 6 added by Stats. 1986, Ch. 591, Sec. 1. ) ## 3453. (a) Upon approval of specific management plans and programs, which reflect the recommendations of the department, the commission may authorize actions and adopt regulations governing those actions pursuant to this article. (b) The provisions of Sections 457, 458, 459, and 460 do not apply to regulations adopted under this article. (c) The activities conducted pursuant to this program shall be reviewed annually by the department and the commission. (Added by Stats. 1986, Ch. 591, Sec. 1.)
  179. 3460.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. )

    Verify source ↗

    The director may make waterfowl conservation contracts for qualifying land, must prioritize the strongest habitat-restoration contracts, and those contracts are exempt from part of the Public Contract Code.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. ) ## 3460. (a) Subject to appropriation pursuant to Section 3467, the director may enter into contracts with nonpublic entities which are owners of record, or with lessees, who have the owners of record execute the contract, of land determined by the director to be important for the conservation of waterfowl. The contract shall enforceably restrict the use of the land for the conservation of waterfowl and their habitat consistent with Section 8 of Article XIII of the California Constitution. (b) The director shall give priority to contracts that have the greatest potential for restoring, enhancing, and protecting high quality waterfowl habitat, especially that which is subject to destruction, drastic modification, or significant curtailment of habitat values. (c) Contracts entered into pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (Amended by Stats. 1990, Ch. 1425, Sec. 2.)
  180. 3461.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. )

    Verify source ↗

    Contracts under this section must run for 10 years and include land details, habitat-restoration commitments, payment terms, refund rules, and compliance monitoring.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. ) ## 3461. Each contract shall be for an initial term of 10 years and shall include all of the following: (a) The designation of the owner of record and any lessee, and the legal description and the assessor’s parcel number of the land subject to the contract. (b) An agreement by the owner and any lessee to restore, enhance, and protect the waterfowl habitat character of the described land and to carry out a waterfowl habitat management plan developed with the department. (c) Specification of the amount and date in each year that the payment is to be made by the department to the owner or lessee, which shall be calculated at the rate or rates that the director determines to be fair and reasonable in consideration of the obligations undertaken by the owner or lessee. (d) A requirement that the owner or lessee do either of the following: (1) Refund to the state all payments received under the contract plus interest at the legal rate, as specified in Section 3289 of the Civil Code, upon the owner’s or lessee’s violation of the contract, or any extension thereof, if the director determines that the violation warrants termination of the contract and the director terminates the contract. (2) Make refunds or accept payment adjustments that the director determines are appropriate, not to exceed the total amount paid by the state to the owner or lessee in the preceding calendar year plus interest at the legal rate, as specified in Section 3289 of the Civil Code, if the director determines that the violation by the owner or lessee does not warrant termination of the contract. (e) A requirement that the department reduce the amount of any payment to the owner or lessee under subdivision (c) by an amount equal to the portion of any payment under the Federal Water Bank Program (16 U.S.C. Sec. 1301 et seq.) which the department determines to be in compensation for the same obligation undertaken by the owner under the water bank program. (f) A requirement that the department monitor compliance with the management plan or contract with the United States Soil Conservation Service or other appropriate agency, entity, or person to monitor compliance with the management plan, and that the owner or lessee allows access for the monitoring. (g) Any additional provisions that the director determines are desirable to effectuate the purposes of the program or to facilitate its administration. (Added by Stats. 1987, Ch. 633, Sec. 2.)
  181. 3462.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. )

    Verify source ↗

    After a contract is entered under this article, the department must record a copy of it within 20 days and pay the recording/indexing fees, then deduct that amount from sums owed to the owner.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. ) ## 3462. (a) Not later than 20 days after the director has entered into a contract pursuant to this article, a copy of the contract particularly describing the subject habitat as required by subdivision (a) of Section 3461 shall be recorded by the department in the office of the county recorder in each county in which any portion of the areas subject to the contract is located. The contract shall be indexed by the recorder in the grantor-grantee index to the name of the owner of record as grantor and to the department as grantee. (b) Notwithstanding Section 27383 of the Government Code, the department shall pay the fees for recording and indexing the contract, and the department shall deduct the amount paid from the amounts due to the owner under the contract. (Amended by Stats. 2023, Ch. 132, Sec. 68. (AB 1760) Effective January 1, 2024.)
  182. 3464.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. )

    Verify source ↗

    The director must reexamine the contract payment rate when the owner or lessee requests it, and do so at five-year intervals.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. ) ## 3464. The contract shall be automatically renewed in the same manner as contracts are renewed and extended, or noticed for nonrenewal, under the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code). Upon the request of the owner or lessee, the director shall reexamine the payment rate for the contract at five-year intervals, considering the then current management costs and, with the concurrence of the owner or lessee, make any needed adjustments in rates for the remainder of the contract term. (Added by Stats. 1987, Ch. 633, Sec. 2.)
  183. 3465.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. )

    Verify source ↗

    If the owner or lessee loses use of the habitat during the contract period, they must notify the department right away and refund any unearned payment; a buyer or successor using the area is bound by the contract terms.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. ) ## 3465. (a) If during the contract period the owner or lessee is divested of the use of the waterfowl habitat subject to the contract, the owner or lessee shall notify the department concurrent with that divestment. Any unearned payment shall immediately be refunded by the owner or lessee to the department. (b) If the owner or lessee divests himself or herself of the use of the area subject to a contract by sale or otherwise, the person succeeding to that use is subject to all of the terms and conditions of the contract. (Added by Stats. 1987, Ch. 633, Sec. 2.)
  184. 3466.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. )

    Verify source ↗

    The director and the owner or lessee may agree to change a contract’s terms and conditions under this article.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. ) ## 3466. The director and the owner or lessee may mutually agree to modify the terms and conditions of a contract under this article as the director may determine to be desirable to carry out the purposes of, or to facilitate administration of, the program. (Amended by Stats. 2023, Ch. 132, Sec. 69. (AB 1760) Effective January 1, 2024.)
  185. 3467.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. )

    Verify source ↗

    Creates the California Waterfowl Habitat Preservation Account, requires its money to be transferred for investment, and limits administrative spending to no more than 7% of appropriated money in any fiscal year.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. ) ## 3467. The California Waterfowl Habitat Preservation Account is hereby created in the Fish and Game Preservation Fund, and the money in the account shall be transferred to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Division 4 of Title 2 of the Government Code. The proceeds of the investment deposited in the account shall be available, upon appropriation by the Legislature, for expenditure pursuant to this article. However, not more than 7 percent of the money appropriated from the account for expenditure in any fiscal year shall be expended in that fiscal year for administrative costs of the department. (Added by Stats. 1987, Ch. 633, Sec. 2.)
  186. 3467.5.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. )

    Verify source ↗

    Creates the Nesting Bird Habitat Incentive Program Account in the Fish and Game Preservation Fund and makes its money available to the department after legislative appropriation.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7. The California Waterfowl Habitat Program [3460 - 3467.5] ( Article 7 added by Stats. 1987, Ch. 633, Sec. 2. ) ## 3467.5. The Nesting Bird Habitat Incentive Program Account is hereby created in the Fish and Game Preservation Fund. Moneys deposited in the Nesting Bird Habitat Incentive Program Account shall be available, upon appropriation by the Legislature, to the department for the purposes of the Nesting Bird Habitat Incentive Program (Article 9 (commencing with Section 3480)). (Added by Stats. 2021, Ch. 521, Sec. 1. (AB 614) Effective January 1, 2022.)
  187. 3469.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. The California Winter Rice Habitat Incentive Program [3469 - 3469.8] ( Article 7.5 added by Stats. 2018, Ch. 649, Sec. 2. )

    Verify source ↗

    This section creates the California Winter Rice Habitat Incentive Program and lets the director make related contracts, while requiring consultation in some nearby-airport or military-base cases.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. The California Winter Rice Habitat Incentive Program [3469 - 3469.8] ( Article 7.5 added by Stats. 2018, Ch. 649, Sec. 2. ) ## 3469. (a) There is established the California Winter Rice Habitat Incentive Program subject to the requirements of this article. (b) Subject to appropriation for purposes of this article, the director may enter into contracts with nonpublic entities that are owners of record or with lessees of productive agricultural rice lands that are winter flooded and that are determined by the director to be important for the conservation of waterfowl. The contract shall enforceably restrict the use of the land for the conservation of waterfowl and their habitat in a manner that allows for the use of the land for rice farming consistent with Section 8 of Article XIII of the California Constitution. (c) The director shall give priority to contracts that have the greatest potential for restoring, enhancing, and protecting high-quality waterfowl habitat, especially that subject to destruction, drastic modification, or significant curtailment of habitat values. The director may give priority to contracts that provide additional environmental cobenefits, including cobenefits to species such as fish or snakes. (d) (1) Before entering into a contract pursuant to this article, if the land proposed to be subject to the contract is located within five miles of a runway on a military base or international airport, the director shall consult with the applicable branch of the United States military or the operator of the international airport, as applicable. (2) The department shall develop guidance and protocols regarding consultation conducted pursuant to paragraph (1) that addresses, at a minimum, notification, participation, and a procedure to request the director to reconsider a decision to enter into a contract pursuant to this article. (e) Contracts entered into pursuant to this article are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or the California Disabled Veteran Business Enterprise Program (Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code). (f) For purposes of this article, “productive agricultural rice lands that are winter flooded” means a field that has been farmed to rice during each growing season before each of the winter flooding seasons contracted for flooding and is intentionally maintained in a flooded state. When possible, flooding should last for at least 70 days between October 15 and February 1, inclusive, of the following year. (g) To implement the California Winter Rice Habitat Incentive Program, the department may do both of the following: (1) Enter into grants or contracts directly with landowners or lessees. (2) Enter into agreements with public and private entities and California Native American tribes, as defined in Section 21073 of the Public Resources Code, that possess demonstrated experience and understanding of California rice farming practices and wildlife-related conservation practices to help the department implement the program. Pursuant to these agreements, the public and private entities and California Native American tribes may enter into grants or contracts with landowners or lessees to carry out the purposes of the program. (Amended by Stats. 2021, Ch. 521, Sec. 2. (AB 614) Effective January 1, 2022.)
  188. 3469.2.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. The California Winter Rice Habitat Incentive Program [3469 - 3469.8] ( Article 7.5 added by Stats. 2018, Ch. 649, Sec. 2. )

    Verify source ↗

    Contracts under this section must last three years and include required land, habitat, payment, refund, reduction, and monitoring terms.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. The California Winter Rice Habitat Incentive Program [3469 - 3469.8] ( Article 7.5 added by Stats. 2018, Ch. 649, Sec. 2. ) ## 3469.2. Each contract shall be for an initial term of three years and shall include the following: (a) The designation of the owner of record or the lessee, and the legal description and the assessor’s parcel number of the land subject to the contract. (b) An agreement by the owner or the lessee to restore, enhance, and protect the waterfowl habitat character of an established number of acres of described land that may be annually rotated provided that the minimum contracted acreage amount is achieved for each of the contracted winter flooding seasons. (c) Specification of the amount and date in each year that the payment is to be made by the department to the owner or lessee, which shall be calculated at the rate or rates that the director determines to be fair and reasonable in consideration of the obligations undertaken by the owner or lessee. (d) A requirement that the owner or lessee do either of the following: (1) Refund to the state all payments received under the contract plus interest at the legal rate, as specified in Section 3289 of the Civil Code, upon the owner’s or lessee’s violation of the contract, or any extension thereof, if the director determines that the violation warrants termination of the contract and the director terminates the contract. (2) Make refunds or accept payment adjustments that the director determines are appropriate, not to exceed the total amount paid by the state to the owner or lessee in the preceding calendar year plus interest at the legal rate, as specified in Section 3289 of the Civil Code, if the director determines that the violation by the owner or lessee does not warrant termination of the contract. (e) A requirement that the department reduce the amount of any payment to the owner or lessee under subdivision (c) by an amount equal to the portion of any payment under the federal Water Bank Program (16 U.S.C. Sec. 1301 et seq.) that the department determines to be in compensation for the same obligation undertaken by the owner under the water bank program. (f) In addition to subdivision (e), a requirement that the department reduce the amount of any payment to the owner or lessee under subdivision (c) by an amount equal to the portion of any payment that the department determines to be in compensation for the same obligation undertaken by the owner under any other governmental program. (g) An authorization for the department to monitor compliance with the contract with the federal Natural Resources Conservation Service, a county agricultural commissioner, or other appropriate agency, entity, or person to monitor compliance with the contract, and a requirement that the owner or lessee allow access for the monitoring. (h) Any additional provisions that the director determines are desirable to effectuate the purposes of the program or to facilitate its administration. (Amended by Stats. 2019, Ch. 420, Sec. 2. (AB 256) Effective January 1, 2020.)
  189. 3469.4.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. The California Winter Rice Habitat Incentive Program [3469 - 3469.8] ( Article 7.5 added by Stats. 2018, Ch. 649, Sec. 2. )

    Verify source ↗

    If the owner or lessee loses use of the contracted waterfowl habitat during the contract period, they must notify the department at the same time, and any unearned payment must be refunded immediately.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. The California Winter Rice Habitat Incentive Program [3469 - 3469.8] ( Article 7.5 added by Stats. 2018, Ch. 649, Sec. 2. ) ## 3469.4. If during the contract period the owner or lessee is divested of the use of the waterfowl habitat subject to the contract, the owner or lessee shall notify the department concurrent with that divestment. Any unearned payment shall immediately be refunded by the owner or lessee to the department. (Added by Stats. 2018, Ch. 649, Sec. 2. (AB 2348) Effective January 1, 2019.)
  190. 3469.6.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. The California Winter Rice Habitat Incentive Program [3469 - 3469.8] ( Article 7.5 added by Stats. 2018, Ch. 649, Sec. 2. )

    Verify source ↗

    The director and the owner or lessee may agree to change a contract’s terms and conditions under this article.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. The California Winter Rice Habitat Incentive Program [3469 - 3469.8] ( Article 7.5 added by Stats. 2018, Ch. 649, Sec. 2. ) ## 3469.6. The director and the owner or lessee may mutually agree to modify the terms and conditions of a contract under this article as the director may determine to be desirable to carry out the purposes of, or to facilitate administration of, the program. (Added by Stats. 2018, Ch. 649, Sec. 2. (AB 2348) Effective January 1, 2019.)
  191. 3469.8.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. The California Winter Rice Habitat Incentive Program [3469 - 3469.8] ( Article 7.5 added by Stats. 2018, Ch. 649, Sec. 2. )

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    Creates a special program account and limits how its funds may be spent.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 7.5. The California Winter Rice Habitat Incentive Program [3469 - 3469.8] ( Article 7.5 added by Stats. 2018, Ch. 649, Sec. 2. ) ## 3469.8. The California Winter Rice Habitat Incentive Program Account is hereby created in the Fish and Game Preservation Fund. Funds deposited in the California Winter Rice Habitat Incentive Program Account shall be made available for expenditure, upon appropriation by the Legislature, to the department. These funds shall be expended solely for the purposes set forth in this article. An amount that equals not more than 5 percent of the funds allocated for this program may be used to pay the administrative costs of the program and up to 10 percent of funds allocated may be used for planning and monitoring necessary to ensure the success of the program. (Added by Stats. 2018, Ch. 649, Sec. 2. (AB 2348) Effective January 1, 2019.)
  192. 3470.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Management of Wildlife at Public Use Airports [3470 - 3472.2] ( Article 8 added by Stats. 2009, Ch. 186, Sec. 1. )

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    The state policy is to encourage safe, biologically sound wildlife management at California public use airports under FAA regulation.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Management of Wildlife at Public Use Airports [3470 - 3472.2] ( Article 8 added by Stats. 2009, Ch. 186, Sec. 1. ) ## 3470. It is the policy of the state to actively encourage the safe and biologically sound management of wildlife resources on California’s public use airports as regulated by the Federal Aviation Administration (FAA) and its agents. The Legislature recognizes that public use airports serving in the United States are operated according to regulations and policies promulgated by the FAA and federal law that protect the health, safety, and welfare of the public in compliance with applicable FAA regulations, standards, policies, and guidance, wildlife hazard management plans, and associated permits. (Added by Stats. 2009, Ch. 186, Sec. 1. (SB 481) Effective January 1, 2010.)
  193. 3471.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Management of Wildlife at Public Use Airports [3470 - 3472.2] ( Article 8 added by Stats. 2009, Ch. 186, Sec. 1. )

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    Public use airports and their wildlife hazard management staff must harass, haze, or remove species when authorized by a current federal fish and wildlife depredation permit.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Management of Wildlife at Public Use Airports [3470 - 3472.2] ( Article 8 added by Stats. 2009, Ch. 186, Sec. 1. ) ## 3471. The Legislature recognizes that, in a public use airport’s ongoing efforts to protect the health, safety, and welfare of the traveling public in compliance with Federal Aviation Administration (FAA) regulations, and specifically Section 337 of Part 139 of Title 14 of the Code of Federal Regulations, it is necessary to perform limited and authorized wildlife hazing, harassment, and depredation. The Legislature further recognizes that FAA certificated public use airports and their wildlife hazard management staff must harass, haze, or perform removal of species to protect the health, safety, and welfare of the public when authorized by a current, valid federal fish and wildlife depredation permit. (Added by Stats. 2009, Ch. 186, Sec. 1. (SB 481) Effective January 1, 2010.)
  194. 3472.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Management of Wildlife at Public Use Airports [3470 - 3472.2] ( Article 8 added by Stats. 2009, Ch. 186, Sec. 1. )

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    A qualifying public use airport in California may take birds without violating the code if it has and follows a federal depredation permit and meets the listed conditions.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Management of Wildlife at Public Use Airports [3470 - 3472.2] ( Article 8 added by Stats. 2009, Ch. 186, Sec. 1. ) ## 3472. The taking of birds by a public use airport certificated by the Federal Aviation Administration to operate in California that has obtained, and is in compliance with, a federal depredation permit that authorizes, under specified conditions, the lawful taking of birds, does not violate any provision of this code or regulations adopted pursuant to this code if the taking is in compliance with the federal depredation permit for the purposes specified in Section 3472.1 and all of the following conditions are met: (a) The taking occurs on lands owned or leased by the airport. (b) The taking does not occur on lands owned or leased by the airport that are reserved for habitat mitigation or conservation purposes of the species being taken, including lands in a habitat conservation plan, or a natural communities conservation plan. (c) There is no taking of a fully protected, candidate, threatened, or endangered species. (Added by Stats. 2009, Ch. 186, Sec. 1. (SB 481) Effective January 1, 2010.)
  195. 3472.1.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Management of Wildlife at Public Use Airports [3470 - 3472.2] ( Article 8 added by Stats. 2009, Ch. 186, Sec. 1. )

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    Take is authorized only to relieve or prevent injurious situations affecting public safety, and only as part of an integrated wildlife management program using nonlethal techniques.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Management of Wildlife at Public Use Airports [3470 - 3472.2] ( Article 8 added by Stats. 2009, Ch. 186, Sec. 1. ) ## 3472.1. Take is authorized pursuant to this article only to relieve or prevent injurious situations affecting public safety and shall only be performed as part of an integrated wildlife management program that emphasizes nonlethal management techniques. (Added by Stats. 2009, Ch. 186, Sec. 1. (SB 481) Effective January 1, 2010.)
  196. 3472.2.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Management of Wildlife at Public Use Airports [3470 - 3472.2] ( Article 8 added by Stats. 2009, Ch. 186, Sec. 1. )

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    A certificated public use airport must give the department specified federal depredation permits and reports, and provide reasonable access for compliance checks. The department must seek reimbursement for reasonable costs tied to violations.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Management of Wildlife at Public Use Airports [3470 - 3472.2] ( Article 8 added by Stats. 2009, Ch. 186, Sec. 1. ) ## 3472.2. A public use airport certificated by the Federal Aviation Administration shall provide to the department any federal depredation permit and all federal reports required pursuant to any federal depredation permit or wildlife hazard management plan, or both, and shall also provide reasonable access to the department for purposes of ensuring compliance with this article. The department shall seek reimbursement from the public use airport for any reasonable costs associated with activities resulting from any violations of this article. (Added by Stats. 2009, Ch. 186, Sec. 1. (SB 481) Effective January 1, 2010.)
  197. 3480.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Nesting Bird Habitat Incentive Program [3480- 3480.] ( Article 9 added by Stats. 2018, Ch. 588, Sec. 1. )

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    The department must create the Nesting Bird Habitat Incentive Program and manage it with rules for landowners, funding, priorities, and water-use limits.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 1. PROVISIONS GENERALLY APPLICABLE TO BOTH [3000 - 3480] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Commercial Activities [3200 - 3480] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 9. Nesting Bird Habitat Incentive Program [3480- 3480.] ( Article 9 added by Stats. 2018, Ch. 588, Sec. 1. ) ## 3480. (a) (1) The department shall establish the Nesting Bird Habitat Incentive Program, which may include direct payments or other incentives, to encourage landowners to voluntarily cultivate or retain upland cover crops, cereal grains, grasses, forbs, pollinator plants, or a combination thereof to provide waterfowl and other game bird nesting habitat cover, including, but not limited to, for the purposes described in Section 1018 of the Water Code. (2) The program is established for waterfowl, ring-necked pheasant, and other game bird breeding purposes and shall not be used to provide managed wetland habitat, as defined in paragraph (1) of subdivision (a) of Section 1506, for wintering waterfowl habitat purposes. (3) For purposes of this section, “landowner” means any entity with authority to manage real property to provide waterfowl, ring-necked pheasant, and other game bird nesting habitat cover. (b) The department may develop guidelines and criteria for the Nesting Bird Habitat Incentive Program as it deems appropriate, but shall ensure that the guidelines and criteria are flexible enough to meet landowner needs. The program shall do all of the following: (1) Prohibit a landowner who participates in the program and has committed to leaving the established upland cover crops, cereal grains, grasses, forbs, pollinator plants, or a combination thereof in place after April 1 from engaging in practices, such as discing, spraying of herbicides, mowing, chopping, or rolling any vegetation on those lands until after July 15, or as late as possible each year, to address waterfowl nesting, upland game bird habitat, and other wildlife needs. (2) Give priority to grants or contracts with landowners that include lands adjacent to, or in close proximity to, waterfowl brood habitat, including, but not limited to, areas flooded during the spring or summer for the cultivation of rice, State Wildlife Areas, National Wildlife Refuges, and private wetlands enrolled in the California Waterfowl Habitat Program (Article 7 (commencing with Section 3460)). (3) Be consistent with the waterfowl habitat breeding goals and objectives of the Central Valley Joint Venture Implementation Plan, as it may be amended, or the Intermountain West Joint Venture Implementation Plan, as it may be amended. (4) Give priority to landowners who are willing to enter into grants or contracts for three years or more. (5) Allow for the rotation of fallowed fields to different areas of a landowner’s property on an annual basis. (6) Prohibit, in connection with the approval of a transfer, a landowner who participates in the program from diverting or using any water under any basis of right to irrigate land idled in order to provide water for transfer, unless the transfer is approved by the State Water Resources Control Board pursuant to Part 2 (commencing with Section 1200) of Division 2 of the Water Code, or by the Department of Water Resources pursuant to Article 4 (commencing with Section 1810) of Chapter 11 of Part 2 of Division 2 of the Water Code, and the irrigation of the idled land is expressly authorized pursuant to that approval. (7) Allow for activities undertaken or requested by mosquito control agencies to address mosquito production. (c) Moneys received for the purposes of this section shall be deposited in the Nesting Bird Habitat Incentive Program Account, created pursuant to Section 3467.5. (d) The department may utilize the assistance of the California Waterfowl Habitat Program (Article 7 (commencing with Section 3460)) in implementing the Nesting Bird Habitat Incentive Program, including, but not limited to, establishing program priorities, contract requirements, and monitoring and compliance activities. Public and private entities, including nonprofit organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, may also assist in the implementation and delivery of the program to the extent that the department deems appropriate. (e) To implement the Nesting Bird Habitat Incentive Program, the department may do both of the following: (1) Enter into grants or contracts directly with landowners. (2) Enter into grants or contracts with public and private entities, including nonprofit organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, to help the department implement the program. Pursuant to these grants or contracts, the public and private entities, nonprofit organizations, and California Native American tribes may enter into grants or contracts with landowners to carry out the purposes of the program. (f) The department may consult with the Wildlife Conservation Board, the United States Fish and Wildlife Service, the Natural Resources Conservation Service, California Native American tribes, as defined in Section 21073 of the Public Resources Code, nonprofit waterfowl and upland game bird organizations, and resource conservation districts before implementing this section to determine the optimal ways to increase and enhance waterfowl and upland game bird breeding habitat on idled lands. (g) This section shall be implemented only if a sufficient amount of game bird stamp funds, federal grants, or other moneys are secured, as determined by the department, for the purposes of this section. (h) The department may carry out the game bird breeding habitat purposes of the Nesting Bird Habitat Incentive Program on State Wildlife Areas and National Wildlife Refuges when necessary and as the department deems appropriate utilizing moneys in the Nesting Bird Habitat Incentive Program Account, established pursuant to Section 3467.5. (i) Contracts entered into pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or the California Disabled Veteran Business Enterprise Program (Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code). (j) The department may use funds from the Nesting Bird Habitat Incentive Program Account for reasonable administrative and monitoring costs associated with the implementation of the Nesting Bird Habitat Incentive Program. (Amended by Stats. 2021, Ch. 521, Sec. 3. (AB 614) Effective January 1, 2022.)
  198. 35.

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

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    “Day” means a calendar day, and “week” means a calendar week.

    ## 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. ) ## 35. “Day” means calendar day, and “week” means calendar week. (Enacted by Stats. 1957, Ch. 456.)
  199. 3500.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    This section defines which birds count as resident game birds, migratory game birds, and “game birds” in this code.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3500. (a) Resident game birds are as follows: (1) Doves of the genus Streptopelia, including, but not limited to, spotted doves, ringed turtledoves, and Eurasian collared-doves. (2) California quail and varieties thereof. (3) Gambel’s or desert quail. (4) Mountain quail and varieties thereof. (5) Sooty or blue grouse and varieties thereof. (6) Ruffed grouse. (7) Sage hens or sage grouse. (8) Hungarian partridges. (9) Red-legged partridges including the chukar and other varieties. (10) Ring-necked pheasants and varieties thereof. (11) Wild turkeys of the order Galliformes. (12) White-tailed ptarmigan. (b) Migratory game birds are as follows: (1) Ducks and geese. (2) Coots and gallinules. (3) Jacksnipe. (4) Western mourning doves. (5) White-winged doves. (6) Band-tailed pigeons. (c) References in this code to “game birds” means both resident game birds and migratory game birds. (Amended by Stats. 2023, Ch. 132, Sec. 70. (AB 1760) Effective January 1, 2024.)
  200. 3501.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

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    It is unlawful to use a powerboat, motor vehicle, or airplane to drive a game bird toward another person so that the other person takes it.

    ## Fish and Game Code - FGC ## DIVISION 4. BIRDS AND MAMMALS [3000 - 4903] ( Division 4 enacted by Stats. 1957, Ch. 456. ) ## PART 2. BIRDS [3500 - 3863] ( Part 2 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. General Provisions [3500 - 3516] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 3501. It is unlawful to use any powerboat, motor vehicle, or airplane to drive any game bird toward another person with the intent that the other person shall take the bird. (Enacted by Stats. 1957, Ch. 456.)

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