BILL NUMBER: AB 1729 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Water, Parks and Wildlife (Wolk (Chair),
Maze (Vice Chair), Caballero, Huffman, Lieu, Mullin, Nava, and
Salas)
MARCH 13, 2007
An act to amend Sections 18, 62, 331, 332, 396, 711.2, 856, 1001,
1011, 1050.1, 1052, 1052.5, 1053.5, 1054, 1054.2, 1054.8, 1124, 2001,
2005, 2006, 2011, 2012, 2016, 2019, 2106, 2115, 2120, 2121, 2127,
2150.3, 2150.4, 2186, 2187, 2189, 2192, 2345, 2346, 2347, 2348, 2349,
2353, 2362, 2535, 3001, 3003.5, 3004, 3007, 3031.2, 3050, 3051,
3054, 3080, 3087, 3242, 3500, 3683, 3801, 3801.6, 3803, 4000, 4005,
4012, 4152, 4180, 4181.1, 4181.5, 4186, 4330, 4331, 4332, 4333, 4334,
4336, 4340, 4341, 4652, 4653, 4655, 4657, 4750, 4751, 4752, 4753,
4754, 4755, 4902, 4904, 5514, 5650, 5652, 6301, 7145, 7147, 7149.2,
7149.4, 7149.45, 7153, 7180, 7852.27, 8022, 8030, 8250.5, 8284, 8372,
8383, 8573, 8576, 8597, 8598, 8632, 8681, 10500, 10506, 11032,
12000, 12001.5, 12002, 12002.1, and 12013 of, to add Sections 19,
89.1, 12002.11, and 12002.2.1 to, to repeal Sections 397, 2150.5,
3005.9, 3005.91, 3005.92, 3005.93, 3005.94, 3055, 3055.1, 3304, 3680,
4001, 4181.2, 5020, and 5502 of, and to repeal and add Section
12157.5 of, the Fish and Game Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 1729, as introduced, Committee on Water, Parks and Wildlife.
Fish and wildlife.
(1) Existing law requires each person that takes birds or mammals
in California to apply for, and be granted, a hunting license.
Existing law authorizes specified persons to obtain tags or stamps
for the taking of specific animals or aquatic species, if certain
requirements are met. Existing law imposes specific requirements for
the proper completion of a tag.
This bill would remove references to a "license tag" or "license
stamp" and, instead, would refer only to a "tag" or "stamp." This
bill would revise existing tag completion provisions for deer, wild
pigs, and bear.
(2) Existing law establishes the license year for a falconry
license as commencing on March 1 and ending on the last day of
February of the next succeeding calendar year. Existing law imposes a
fee for permits for the importation, exportation, or intrastate
transfer of a bird-of-prey.
This bill would modify that year to commence July 1, and end on
the last day of June. The bill would delete that permit fee.
(3) Existing law establishes in the Resources Agency, the
Department of Fish and Game to manage and protect wildlife trust
resources. Existing law defines "wildlife" to include all wild
animals, birds, plants, fish, amphibians, and related ecological
communities, including the habitat upon which the wildlife depends
for its continued viability.
This bill would include reptiles in that definition.
(4) Existing law provides that nothing prohibits the department
from taking, for scientific or propagation purposes, fish,
amphibians, reptiles, mammals, birds, and the nests and eggs thereof,
or any other form of plant or animal life.
This bill would also provide that nothing prohibits the department
from such takings for public health or safety purposes, the
prevention or relief of suffering, or law enforcement purposes.
(5) Generally, it is unlawful to possess fish, reptiles, or
amphibians except during the open season where taken and for 10 days
thereafter; and not more than the possession limit of a fish,
reptile, or amphibian may be possessed during the period after the
close of the open season. It is also generally unlawful to possess
game birds or mammals except during the open season where taken.
Existing law defines "bag limit" to mean the maximum limit, in number
or amount, of birds, mammals, fish, or amphibians that may lawfully
be taken by any one person during a specified period of time.
This bill would make it unlawful to take mammals, birds, fish,
reptiles, and amphibians outside of established seasons or to exceed
any bag limit or possession limit established in this code or by
regulations adopted by the commission. Violation of any established
season, bag limit, or possession limit may be charged as a violation
of this section or of the specific code section or regulation that
establishes the season or limit. The bill would additionally define
"possession limit" to mean the maximum, in number or amount of,
birds, mammals, fish, reptiles, or amphibians that may be lawfully
possessed by one person. The bill would include reptiles in the bag
limit definition.
(6) Existing law makes it unlawful to use certain artificial
lights to assist in that taking of specified animals.
This bill would make it unlawful to use or possess at any time for
such a purpose, any night vision equipment or optical devices that
use light amplifying circuits that are electrical or battery powered.
(7) Existing law makes it unlawful to possess a loaded rifle or
shotgun in a vehicle or conveyance standing or being driven on or
along a public highway or other public way.
This bill would revise that loaded weapon provision to apply to
possession of loaded firearms, as described, and would define public
highway or other way open to the public for that purpose.
(8) Existing law makes it unlawful to enter, without permission,
certain lands marked to forbid trespass with the purpose of
discharging a firearm or taking or destroying specified fish or game
animals.
This bill would also make it unlawful to enter such lands having
in possession certain weapons or other equipment, without regard to
purpose.
(9) Existing law includes state and local governmental officials
and their agents in a general prohibition against authorizing a
bounty for any bird or mammal.
This bill would authorize the commission to adopt regulations to
provide an exemption for governmental agencies and public entities on
property under their control.
(10) Existing law enumerates specific criteria for the adoption by
the commission, on or before January 1, 2007, of regulations to be
promulgated with respect to wild animals. The regulations are
required to be designed to provide for the welfare of wild animals.
This bill would also require that the regulations be designed to
provide for the safety of the public.
(11) Existing law regulates the importation of live nonnative wild
animals, including a requirement for a 72-hour holding period for
such animals found at large.
This bill would define "nonnative wild animal" and would delete
the holding period requirement.
(12) Existing law regulates the importation and transportation of
designated dead animals.
This bill would include reptiles among those designated dead
animals.
(13) Existing law makes it unlawful to take birds or mammals with
firearms or with bow and arrow when intoxicated.
This bill would make it unlawful to take birds or mammals with
firearms, air rifles, crossbows, or with bow and arrow when
intoxicated.
(14) Existing law makes it unlawful to discharge certain weapons
within 150 yards of certain buildings, establishing a safety zone.
This bill would also make it unlawful to intentionally discharge
any firearm or release any arrow or crossbow bolt over or across any
public road or way, open to the public, in an unsafe manner.
(15) Existing law, except as specified, makes it unlawful to
possess or confine certain live cats, excepting house cats, provides
for the seizure of unlawfully possessed or confined cats, requires
the adoption of regulations by the commission, and requires the
department inspection of permitted facilities.
This bill would delete those provisions.
(16) Existing law generally requires a hunting license applicant
to have completed a hunter safety course.
This bill would rename that course a hunter education course. The
bill would make corresponding changes to related provisions.
(17) Existing law provides for the licensure and regulation of
domesticated migratory game bird shooting areas. That law requires
that a licensee raise or use a minimum of 500 birds during the annual
license period.
This bill would delete the requirement imposing that minimum.
(18) Existing law makes it a misdemeanor to take any Antwerp or
homing pigeon.
This bill would delete that provision.
(19) Existing law defines resident game birds and upland game bird
species. Existing law permits the taking of certain nongame birds.
This bill would revise those definitions.
(20) Under existing law, the department is authorized to take any
bird that is unduly preying on any bird, mammal, or fish.
This bill would authorize the department to take any individual
bird, or birds of any species, that, in its opinion, are unduly
preying upon any species of bird, mammal, amphibian, reptile, or
fish.
(21) Existing law defines fur-bearing mammals to include pine
marten, fisher, wolverine, mink, river otter, gray fox, cross fox,
silver fox, red fox, kit fox, raccoon, beaver, badger, and muskrat.
This bill would delete wolverine, cross fox, and silver fox from
that definition.
(22) Existing law generally requires a person who traps
fur-bearing mammals or nongame mammals, designated by the commission,
or who sells raw furs of those mammals, to procure a trapping
license from the department.
This bill would provide that nothing in the Fish and Game Code or
regulations adopted pursuant thereto shall be construed to prevent a
land owner, lessee, governmental agency, public entity, their agents,
or employees, on property under their control, from trapping
specified animals, unless prohibited by federal law or if the species
is listed pursuant to the California Endangered Species Act.
(23) Existing law makes it unlawful to take certain fox varieties
for profitmaking purposes.
This bill would revise that provision to make it unlawful only to
take the Sierra Nevada red fox for those purposes.
(24) Existing law regulates the taking of certain animals injuring
property.
This bill would delete an existing requirement that the department
develop statewide guidelines to aid in determining the damage caused
by wild pigs. The bill would authorize the department to allow
certain exceptions to specific requirements concerning the take of
deer and rabbits.
(25) Existing law makes it unlawful, in any district or part of a
district in Butte County, to kill or retain in possession any king,
silver, or kokanee salmon or any steelhead that has not taken the
bait or lure in its mouth.
This bill would make it unlawful to kill or retain in possession
any chinook, coho, or kokanee salmon or any steelhead that has not
taken the bait or lure in its mouth, in inland waters.
(26) Existing law generally makes it unlawful to deposit specified
substances in, or permit them to pass into, or place them where they
can pass into, the waters of this state.
This bill would also make it unlawful to deposit specified
substances in, or permit them to pass into, or place them where they
can pass into, any storm drain. The bill would define "waters of this
state," to have the same meaning as "waters of the state" as defined
in the Water Code.
(27) Existing law makes it unlawful to deposit, permit to pass
into, or place where it can pass into the waters of the state, or to
abandon, dispose of, or throw away, within 150 feet of the high water
mark of the waters of the state, any cans, bottles, garbage, motor
vehicle or parts thereof, rubbish, or the viscera or carcass of any
dead mammal, or the carcass of any dead bird.
This bill would add litter, refuse, waste, and debris to that list
of items.
(28) The department is authorized to enter at any time any car,
warehouse, depot, ship, or growing area where any fish, amphibians,
or aquatic plants are held or stored, for the purpose of making an
examination to ascertain whether those fish, amphibians, or aquatic
plants are infected, diseased, or parasitized.
This bill would also authorize entry into vehicles and containers,
would change the purpose to a regulatory inspection, and
additionally authorize the department to determine if aquaculture
products are being or have been legally imported, transported, or
possessed.
(29) Existing law requires every person over the age of 16 years
who takes any fish, reptile, or amphibians for any purpose other than
profit to first obtain a license for that purpose and to have that
license on his or her person or in his or her immediate possession
when engaged in carrying out any activity authorized by the license.
Existing law excepts an owner of real property, or the owner's
invitee, who takes fish for purposes other than profit from a lake or
pond that is wholly enclosed by that owner's real property and that
is located offstream and not hydrologically connected to any
permanent or intermittent waterway of the state.
This bill would revise that exception as to eligible persons and
water bodies.
(30) Existing law requires a commercial fishing license for
specified commercial fishing activities. Existing law regulating
commercial fishing imposes, or authorizes the imposition of, various
license, permit, and registration fees. Existing law requires a
person engaging in activities for which a commercial fishing license
is required to have specified identification.
This bill would authorize the use of a current valid passport as
identification under specified circumstances.
(31) Existing law generally makes it unlawful to use specified
weapons in a game refuge.
This bill would include air rifles and crossbows in those weapons.
(32) Existing law makes specific violations of regulation or
statute an infraction.
This bill would add several violations of regulations to that
existing infraction provision. The bill would also make several other
violations of statute an infraction.
(33) Existing law authorizes a judge before whom any person is
tried and convicted of violating provisions relating to property
damage and trespass, and also convicted of violating provisions
relating to unlawful possession of game or unlawful use of artificial
lights to order the forfeiture of any motor vehicle or snowmobile
used in committing one or more of the offenses charged. Existing law
requires that any vehicle so forfeited be sold or destroyed by the
department, and the proceeds paid into the Fish and Game Preservation
Fund.
This bill would revise those provisions to provide for forfeiture
of certain vehicles upon conviction, forfeiture of bail, or specified
pleadings in regard to listed violations.
(34) The bill would make other corresponding and clarifying
changes, as well as deleting certain obsolete provisions.
(35) Existing law generally makes it a crime to violate fish and
game laws.
This bill, by revising and adding to those laws, would change the
definition of crime, thereby imposing a state-mandated local program.
(36) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18 of the Fish and Game Code is amended to
read:
18. "Bag limit" means the maximum limit, in number or amount, of
birds, mammals, fish, reptiles, or amphibia which
amphibians that may lawfully be taken by any
one person during a specified period of time.
SEC. 2. Section 19 is added to the Fish and Game Code, to read:
19. "Possession limit" means the maximum, in number or amount, of
birds, mammals, fish, reptiles, or amphibians that may be lawfully
possessed by one person.
SEC. 3. Section 62 of the Fish and Game Code is amended to read:
62. "Open season" means that period of time during which the
taking of birds, mammals, fish, or amphibia
amphibians is allowed . as prescribed
in this code and regulations adopted by the commission. If used to
define the period of time during which take is allowed "season" means
"open season."
SEC. 4. Section 89.1 is added to the Fish and Game Code, to read:
89.1. "Waters of the state," "waters of this state," and "state
waters" have the same meaning as "waters of the state" as defined in
subdivision (e) of Section 13050 of the Water Code.
SEC. 5. Section 331 of the Fish and Game Code is amended to read:
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 antelope (Antilocapra americana) that may be taken
under regulations which that the
commission may adopt from time to time. Only a person possessing a
valid hunting license, who has not received an antelope
license tag under these provisions during a period of time
specified by the commission, may obtain a license
tag for the taking of antelope.
(b) The department may issue a license tag upon
payment of a fee. The fee for a license 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 fee shall be deposited in the Fish and Game
Preservation Fund and shall be expended, in addition to money
budgeted for salaries of persons in the department, for the expense
of implementing this section.
(c) The commission shall direct the department to annually
authorize not less than one 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 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).
(d) The commission shall direct the department to annually
authorize one antelope tag of the total number of tags available for
issuance to nonresidents of the state.
SEC. 6. Section 332 of the Fish and Game Code is amended to read:
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 which
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
license tag for the taking of elk.
(c) The department may issue an elk license tag
upon payment of a fee. The fee for a license 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 ($1050), as
adjusted under Section 713. The fees shall be deposited in the Fish
and Game Preservation Fund and shall be expended, in addition to
money budgeted for salaries of the department, for the expense of
implementing this section and Section 3951.
(d) The commission shall annually direct the department to
authorize not more than three elk hunting license
tags for the purpose of raising funds for programs and projects to
benefit elk. These license 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).
(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.
SEC. 7. Section 396 of the Fish and Game Code is amended to read:
396. (a) The falconry license shall be valid for a license year
beginning on March July 1 and ending on
the last day of February June of the
next succeeding calendar year. If issued after March
July 1 of any year, a falconry license is valid
for the remainder of that license year.
(b) The fee for a falconry license shall be as follows:
(1) For the license year beginning March 1, 1986, the fee is
thirty dollars ($30).
(2)
(b) For the license years beginning on or
after March 1, 1987, the fee for a falconry license is a
base fee of thirty dollars ($30) as adjusted under Section 713.
(c) Upon the filing of an affidavit showing the loss or
destruction of an unexpired falconry license and the payment of a fee
of eight dollars ($8), a replacement license may be issued for the
remainder of the license period.
SEC. 8. Section 397 of the Fish and Game Code is repealed.
397. (a) A fee shall be collected for each permit issued for the
importation, exportation, or intrastate transfer of a bird-of-prey.
(b) The fee for the permit shall be as follows:
(1) For the period March 1, 1986, through February 28, 1988, the
fee is ten dollars ($10).
(2) On and after March 1, 1988, the fee is a base fee of ten
dollars ($10) as adjusted under Section 713.
(c) The Legislature finds that the timeliness of the issuance of
permits is important to the proper practice of falconry and can
affect the training, breeding, and well-being of birds-of-prey.
Accordingly, applications for permits shall be processed in the order
received. In addition, no fee shall be imposed with respect to any
permit issued more than 10 working days after receipt of a complete
and properly filled in application that satisfies all requirements of
applicable statutes and regulations, and any fee previously
collected shall be promptly refunded. The person submitting an
application for a permit that is incomplete, improperly filled in, or
does not satisfy a requirement of an applicable statute or
regulation shall be notified of the deficiency within 15 working days
of receipt of the application.
SEC. 9. Section 711.2 of the Fish and Game Code is amended to
read:
711.2. (a) For purposes of this code, unless the context
otherwise requires, "wildlife" means and includes all wild animals,
birds, plants, fish, amphibians, reptiles, and related
ecological communities, including the habitat upon which the wildlife
depends for its continued viability and "project" has the same
meaning as defined in Section 21065 of the Public Resources Code.
(b) For purposes of this article, "person" includes any
individual, firm, association, organization, partnership, business,
trust, corporation, limited liability company, company, district,
county, city and county, city, town, the state, and any of the
agencies of those entities.
SEC. 10. Section 856 of the Fish and Game Code is amended to read:
856. (a) All employees of the department designated by the
director as deputized law enforcement officers are peace officers
as provided by Section 830.2 of the Penal Code . The
authority of that peace officer extends to any place in the state as
to a public offense committed or which offense there is
probable cause to believe has been committed within the state.
(b) Every peace officer described in this section, prior
to before the date that he or she is first
deputized by the department, shall have satisfactorily completed the
basic course as set forth in the regulations of the Commission on
Peace Officer Standards and Training.
(c) Every peace officer described in this section who is not
promoted, appointed, or transferred to a first-level supervisory
position, as defined in the regulations of the Commission on Peace
Officer Standards and Training, shall satisfactorily complete, at
least once every two years, the advanced officer course as set forth
in the regulations of the Commission on Peace Officer Standards and
Training.
(d) Every peace officer described in this section who is promoted,
appointed, or transferred to a first-level supervisory position, as
defined in the regulations of the Commission on Peace Officer
Standards and Training, shall satisfactorily complete, within the
minimum time limit prescribed by the regulations of the Commission on
Peace Officer Standards and Training, the supervisory course as set
forth in those regulations.
(e) Persons described in this section as peace officers who do not
satisfactorily complete the courses required by subdivisions (b) to
(d), inclusive, shall not have the powers of a peace officer.
SEC. 11. Section 1001 of the Fish and Game Code is amended to
read:
1001. Nothing in this code or any other law shall prohibit the
department from taking, for scientific or ,
propagation , public health or safety, prevention or
relief of suffering, or law enforcement purposes, fish,
amphibia amphibians , reptiles,
mammals, birds, and the nests and eggs thereof, or any other form of
plant or animal life.
SEC. 12. Section 1011 of the Fish and Game Code is amended to
read:
1011. (a) The department may procure
insurance for any of the following purposes :
(a) Procure insurance for
(1) For its employees against
special hazards in connection with their duties occasioned by the
existence of a state of war, in addition to workers' compensation
insurance.
(b) Procure insurance for
(2) For its employees against
injury or death in the course of performance of their duties arising
from airplane accidents.
(c) Procure insurance on
(3) For vessels owned or operated
by the department against special hazards occasioned by the
existence of a state of war, in addition to usual hazards.
(d) Procure insurance for
(4) For itself and landowners who
agree to permit the department to use their land as cooperative
hunting, fishing, conservation or recreational areas, against any
liability resulting from the operation of such
those hunting, fishing, conservation or recreational
areas.
(e) Procure insurance for
(5) For itself against any
liability resulting from departmental activities or operations.
(f) Procure insurance for
(6) For its employees or other
persons authorized by the department to conduct hunter
safety education training courses against any
public liability or property damage resulting from such
that training.
(g) Procure insurance for
(7) For its employees against
injury or death in the course of the performance of their duties
arising from diving, which includes SCUBA or deep sea diving.
The
(b) The cost of such
insurance procured pursuant to subdivision (a)
shall be a proper charge against and shall be paid out of the Fish
and Game Preservation Fund.
SEC. 13. Section 1050.1 of the Fish and Game Code is amended to
read:
1050.1. Any license, permit, tag, stamp, or other entitlement
authorized pursuant to this code is not valid until it is filled
out completely and accurately and the fee authorized or
identified in statute or regulation for that entitlement is received
and paid to the department or its agent. It is the
responsibility of the user to ensure that the license, permit, tag,
stamp, or other entitlement is filled out completely and accurately.
SEC. 14. Section 1052 of the Fish and Game Code is amended to
read:
1052. It is unlawful for any person to do any of the following:
(a) Transfer any license, license tag,
license stamp, permit, application, or reservation.
(b) Use or possess any license, license tag,
license stamp, permit, application, or reservation
that was not lawfully issued to the user or possessor
thereof or that was obtained by fraud, deceit, or the use of a fake
or counterfeit application form.
(c) Use or possess any fake or counterfeit license,
license tag, license stamp, permit,
permit application form, band, or seal, made or used for the purpose
of evading any of the provisions of this code, or regulations adopted
pursuant thereto.
(d) Predate or , fail to date ,
or alter any date of any license, license
tag, or permit.
(e) Postdate the date of application or the date of issuance of
the license, license tag, or permit. This
subdivision does not apply to the date that a license,
license tag, or permit is valid.
(f) Alter, mutilate, deface, duplicate, or counterfeit any
license, license tag, permit, permit application
form, band, or seal, or entries thereon, to evade the provisions of
this code, or any regulations adopted pursuant thereto.
SEC. 15. Section 1052.5 of the Fish and Game Code is amended to
read:
1052.5. Any license stamp issued pursuant to
this article is not valid unless affixed to the appropriate license
document.
SEC. 16. Section 1053.5 of the Fish and Game Code is amended to
read:
1053.5. Applicants for hunting licenses pursuant to subdivision
(a) of Section 1053 shall first satisfactorily complete a hunter
safety education equivalency examination
and obtain a certificate of equivalency as provided by regulations
adopted by the commission, or show proof of completion of a hunter
safety education training course, or
show a previous year's hunting license.
SEC. 17. Section 1054 of the Fish and Game Code is amended to
read:
1054. It is unlawful to make any false statement as to
any fact required as a prerequisite to the issuance of a license or
license tag, and any license or license tag obtained in violation of
this section is void. (a) It is
unlawful to submit, or conspire to submit, any false, inaccurate, or
otherwise misleading information on any application or other document
offered or otherwise presented to the department for any purpose,
including, but not limited to, obtaining a license, tag, permit, or
other privilege or entitlement pursuant to this code or regulations
adopted thereto.
Any license agent
(b) The department may require
the applicant for a license or license ,
tag , permit, or other privilege or entitlement to
show proof of the statements or facts required for the issuance of
any license or license , tag ,
permit, or other privilege or entitlement .
(c) For purposes of this section, "department" includes any
department employee, license agent, or any person performing the
duties of a department employee or license agent.
SEC. 18. Section 1054.2 of the Fish and Game Code is amended to
read:
1054.2. Every person while engaged in taking any bird, mammal,
fish, amphibian, or reptile shall have on his or her person or in his
or her immediate possession, or where otherwise specifically
required by law to be kept, any license, license
tag, license stamp, or permit that is required in
order to take the bird, mammal, fish, amphibian, or reptile. In the
case of a person diving from a boat, the license or permit may be
kept on the boat, or in the case of a person diving from shore, the
license or permit may be kept within 500 yards on the shore.
SEC. 19. Section 1054.8 of the Fish and Game Code is amended to
read:
1054.8. (a) The department shall establish, and keep current,
written policies and procedures relating to the application process
and the award of hunting license tags for
fundraising purposes, as authorized pursuant to subdivision (c) of
Section 331, subdivision (d) of Section 332, Section 4334, or
subdivision (d) of Section 4902.
(b) The policies and procedures shall include, but need not be
limited to, all of the following:
(1) The application process and criteria.
(2) A standard application format.
(3) An appeal process.
(4) A requirement that all applications shall remain sealed until
on or after a filing date specified by the department.
(c) The department shall make the policies and procedures
available to interested parties 30 days prior to
before their implementation and shall receive and consider
any related recommendations.
(d) The department shall not require a minimum tag sale price,
except as otherwise provided in this code.
(e) It is the intent of the Legislature that the department
develop policies and procedures that seek to maximize both the
revenues received by the department and participation by qualified
nonprofit organizations making application to sell the tags as
sellers of the tags.
SEC. 20. Section 1124 of the Fish and Game Code is amended to
read:
1124. It is unlawful to take any fish in any pond or
, reservoir , or other water-retaining
structure belonging to or controlled by the department and used
for propagating, raising, holding, protecting, or
conserving fish.
SEC. 21. Section 2001 of the Fish and Game Code is amended to
read:
2001. (a) It is unlawful to take mammals, birds, fish,
reptiles, and amphibians outside of established seasons or to exceed
any bag limit or possession limit established in this code or by
regulations adopted by the commission. Violation of any established
season, bag limit, or possession limit may be charged as a violation
of this section or of the specific code section or regulation that
establishes the season or limit.
(a)
(b) Unless otherwise provided, it is unlawful to
possess fish, reptiles, or amphibia
amphibians except during the open season where taken and for 10
days thereafter; and not more than the possession limit thereof may
be possessed during the period after the close of the open season.
(b)
(c) Except as provided in Section 3080, it is unlawful
to possess game birds or mammals except during the open season where
taken.
SEC. 22. Section 2005 of the Fish and Game Code is amended to
read:
2005. It (a) Except
as otherwise authorized by this section, it is unlawful to use
an artificial light to assist in the taking of game birds, game
mammals, or game fish, except that this section shall not apply to
sport fishing in ocean waters or other waters where night fishing is
permitted if the lights are not used on or as part of the fishing
tackle, commercial fishing, nor to the taking of mammals, the taking
of which is governed by Article 2 (commencing with Section 4180) of
Chapter 3, 3 of Part 3,
3 of Division 4.
It
(b) It is unlawful for any
person, or one or more persons, to throw or cast the rays of any
spotlight, headlight, or other artificial light on any highway or in
any field, woodland, or forest where game mammals, fur-bearing
mammals, or nongame mammals are commonly found, or upon any game
mammal, fur-bearing mammal, or nongame mammal, while having in his
or her possession or under his or her control
any firearm or weapon with which such that
mammal could be killed, even though the mammal is not killed,
injured, shot at, or otherwise pursued.
It
(c) It is unlawful to use or
possess at any time any infrared or similar light used in connection
with an electronic viewing device sometimes designated as a
sniperscope or any night vision equipment, optical
devices, including, but not limited to, binoculars or scopes, that
use light amplifying circuits that are electrical or battery powered,
to assist in the taking of birds, mammals, amphibia
amphibians , or fish.
The
(d) The provisions of this
section shall do not apply to any
of the following:
(a) To the
(1) The use of a hand held
flashlight no larger, nor emitting more light, than a two-cell,
three-volt flashlight, provided such that
light is not affixed in any way to a weapon, or to the use of a
lamp or lantern which that does not
cast a directional beam of light.
(b) In the case of headlights
(2) Headlights of a motor vehicle
operated in a usual manner and where
there is no attempt or intent to locate a game mammal, fur-bearing
mammal, or nongame mammal.
(c)
(3) To the owner, or his or her employee, of
land devoted to the agricultural industry while on such
that land, or land controlled by such an owner
and in connection with such the
agricultural industry.
(d)
(4) To such those other
uses as the commission may authorize by regulation.
No
(e) A person shall not
be arrested for violation of this section except by a peace officer.
SEC. 23. Section 2006 of the Fish and Game Code is amended to
read:
2006. (a) It is unlawful to possess a
loaded rifle or shotgun firearm in any
vehicle or conveyance or its attachments which
that is standing on or along or is being driven on or
along any public highway or other way open to the public.
A rifle or shotgun
(b) For purposes of this section, a
firearm shall be deemed to be loaded for the purposes
of this section when if there is an unexpended
cartridge or shell in the firing chamber ,
consisting of a case that holds a charge of powder and a bullet or
shot in the firing chamber of the firearm, but not when the
only cartridges or shells are in the magazine .
, except as follows:
The provision of this section shall not apply to peace officers or
members of the armed forces of this State or the United States,
while on duty or going to or returning from duty.
(1) A revolver shall be deemed to be loaded if there is an
unexpended cartridge or shell in the cylinder chamber that is aligned
with the hammer or the cylinder chamber that will next rotate into
the firing position.
(2) A muzzle-loader firearm shall be deemed to be loaded if it is
capped or primed and has a powder charge and ball or shot in the
barrel or cylinder chamber that is aligned with the hammer or the
cylinder chamber that will next rotate into the firing position.
(c) For the purposes of this section, any public highway or other
way open to the public includes, but is not limited to, any type of
road, roadway, route highway, trail, path, field, or parking area
open to public access.
(d) This section does not apply to the possession of a loaded
firearm by any person listed in subdivisions (b), (c), or (d) of
Section 12031 of the Penal Code.
SEC. 24. Section 2011 of the Fish and Game Code is amended to
read:
2011. Any (a) It is
unlawful for any person who takes, mutilates or
destroys to take, mutilate, or destroy any bird
or mammal , lawfully in the possession of another
, shall be guilty of a misdemeanor .
For
(b) For the purpose of this
section, a bird or mammal shall be deemed in possession (a)
when it is actually reduced to physical possession or
(b) when it is wounded or otherwise maimed and the
person who wounded or otherwise maimed it is in hot pursuit.
SEC. 25. Section 2012 of the Fish and Game Code is amended to
read:
2012. All licenses, license tags, and the
birds, mammals, fish, reptiles, or amphibia
amphibians taken or otherwise dealt with under the
provisions of this code, and any device or apparatus
designed to be, and capable of being, used to take birds, mammals,
fish, reptiles, or amphibia shall be exhibited upon demand to any
person authorized by the department to enforce the
provisions of this code or any law relating to the
protection and conservation of birds, mammals, fish, reptiles, or
amphibia amphibians .
SEC. 26. Section 2016 of the Fish and Game Code is amended to
read:
2016. It is unlawful to enter any lands under cultivation or
enclosed by a fence, belonging to, or occupied by, another, or to
enter any uncultivated or unenclosed lands, including lands
temporarily inundated by waters flowing outside the established banks
of a river, stream, slough, or other waterway, where signs
forbidding trespass are displayed at intervals not less than three to
the mile along all exterior boundaries and at all roads and trails
entering such those lands, having
in possession any firearm, air rifle, archery bow, crossbow, or
fishing equipment, or for the purpose of discharging any
firearm , or releasing an arrow or crossbow bolt, or
taking or destroying any fish, mammal , or
bird, including any waterfowl, on such those
lands without having first obtained written permission from the
owner of such those lands, or his
or her agent, or the person in lawful possession thereof.
Such Those signs may be of any size and
wording, other than the wording required for signs under Section
2017, which that will fairly advise
persons about to enter the land that the use of such
the land is so restricted.
SEC. 27. Section 2019 of the Fish and Game Code is amended to
read:
2019. (a) It is unlawful for any person
, including state, federal, county, and city officials or
their agents, to authorize,
offer or pay a bounty for any bird or mammal. This section
does not apply to any person with respect to the taking of any bird
or mammal on the private property of such a person.
(b) The commission may adopt regulations that provide exemptions
to this section for governmental agencies and public entities on
property under their control.
SEC. 28. Section 2106 of the Fish and Game Code is amended to
read:
2106. (a) The department may develop and implement a recovery
strategy pilot program for coho salmon.
(b) The department shall seek private and federal funding for
implementation of the coho salmon recovery strategy pilot program.
No additional state funds may be expended for the
implementation of the program until the Legislature specifically
appropriates funds for that purpose.
SEC. 29. Section 2115 of the Fish and Game Code is amended to
read:
2115. The two hundred thousand dollars ($200,000) appropriated in
the Budget Act of 1997 for the purposes of this article shall be
used for the Greater Sandhill crane. Any money that is not used to
develop a recovery plan for that species may be used by the
department to implement the recovery plan for that species.
Section 2106 shall become operative only upon the appropriation of
funds by the Legislature for its purposes. Section 2098
does not apply to any costs relating to this article.
SEC. 30. Section 2120 of the Fish and Game Code is amended to
read:
2120. (a) The commission, in cooperation with the Department of
Food and Agriculture, shall adopt regulations governing both (1) the
entry, importation, possession, transportation, keeping, confinement,
or release of any and all wild animals that will be or that have
been imported into this state pursuant to this chapter, and (2) the
possession of all other wild animals. The regulations shall be
designed to prevent damage to the native wildlife or agricultural
interests of this state resulting from the existence at large of
these wild animals, and to provide for the welfare of wild animals
and the safety of the public .
(b) The regulations shall also include criteria for all of the
following:
(1) The receiving, processing, and issuing of a permit and
conducting inspections.
(2) Contracting out inspection activities.
(3) Responding to public reports and complaints.
(4) The notification of the revocation, termination, or denial of
permits, and related appeals.
(5) The method by which the department determines that the
breeding of wild animals pursuant to a single event breeding permit
for exhibitor or a breeding permit is necessary and will not result
in unneeded or uncared for animals, and the means by which the
criteria will be implemented and enforced.
(6) How a responding agency will respond to an escape of a wild
animal. This shall include, but not be limited to, the establishment
of guidelines for the safe recapture of the wild animal and
procedures outlining when lethal force would be used to recapture the
wild animal.
(c) These regulations shall be developed and adopted by the
commission on or before January 1, 2007.
SEC. 31. Section 2121 of the Fish and Game Code is amended to
read:
2121. No person having possession or control over any wild animal
legally imported under the provisions of
this chapter shall intentionally free, or knowingly permit
the escape, or release of such animals an
animal , except in accordance with the regulations of the
commission.
SEC. 32. Section 2127 of the Fish and Game Code is amended to
read:
2127. (a) The department may reimburse eligible local entities,
pursuant to a memorandum of understanding entered into pursuant to
this section, for costs incurred by the eligible local entities in
the administration and enforcement of any provision concerning the
possession of, handling of, care for, or holding facilities provided
for, a wild animal designated pursuant to Section 2118.
(b) The department may enter into memoranda of understanding with
eligible local entities for the administration and enforcement of any
provision concerning the possession of, handling of, care for, or
holding facilities provided for, a wild animal designated pursuant to
Section 2118 , or a cat specified in Section 3005.9
.
(c) The Fish and Game Commission
commission shall adopt regulations that establish specific
criteria an eligible local entity shall meet in order to qualify as
an eligible local entity.
(d) For the purposes of this division, "eligible local entity"
means a county, local animal control officer, local humane society
official, educational institution, or trained private individual that
enters into a memorandum of understanding with the department
pursuant to this section.
SEC. 33. Section 2150.3 of the Fish and Game Code is amended to
read:
2150.3. (a) The director shall appoint a committee to advise the
director on the humane care and treatment of wild animals.
(b) The committee shall make recommendations to the director for
the establishment of standards of performance for administration and
enforcement, which shall include, but are not limited to, requiring
that the eligible local entity possess a knowledge of humane wild
animal training methods.
(c) The committee shall make recommendations to the director as to
the frequency of inspections necessary for the enforcement and
administration of any provision concerning the possession of,
handling of, care for, or holding facilities provided for, a wild
animal designated pursuant to Section 2118 , or a cat
specified in Section 3005.9 .
(d) The committee shall advise and assist the director in entering
into memorandums of understanding with eligible local entities and
in determining whether the memorandums of understanding meet the
requirements of this chapter.
SEC. 34. Section 2150.4 of the Fish and Game Code is amended to
read:
2150.4. (a) Consistent with Section 3005.91, the
The department or an eligible local entity shall
inspect the wild animal facilities, as determined by the director's
advisory committee, of each person holding a permit issued pursuant
to Section 2150 authorizing the possession of a wild animal.
(b) In addition to the inspections specified in subdivision (a),
the department or an eligible local entity, pursuant to the
regulations of the commission, may inspect the facilities and care
provided for the wild animal of any person holding a permit issued
pursuant to Section 2150 for the purpose of determining whether the
animal is being cared for in accordance with all applicable statutes
and regulations. The department shall collect an inspection fee, in
an amount determined by the department pursuant to Section 2150.2.
(c) No later than January 1, 2007, the department, in cooperation
with the committee created pursuant to Section 2150.3, shall develop,
implement, and enter into memorandums of understanding with eligible
local entities if the department elects not to inspect every wild
animal facility pursuant to subdivisions (a) and (b). Eligible local
entities shall meet the criteria established in regulations adopted
pursuant to subdivision (b) of Section 2157.
SEC. 35. Section 2150.5 of the Fish and Game Code, as added by
Section 8 of Chapter 789 of the Statutes of 1990, is repealed.
2150.5. (a) The department shall, on or before May 1, 1991,
establish, and thereafter keep current, written policies and
procedures to implement the animal housing, possession, importation,
and transportation requirements pursuant to this chapter. The
department shall provide copies of the policies and procedures to
interested parties upon request.
(b) The policies and procedures shall include, but not be limited
to, criteria for all of the following:
(1) Receiving, processing, and issuing a permit or permit
application, and conducting inspection activities.
(2) Contracting out inspection activities.
(3) Responding to public reports and complaints.
(4) Notification of the revocation, termination, or denial of
permits, and related appeals.
(c) The department shall make proposed policies and procedures
available to interested parties before their implementation. The
department may receive and incorporate comments and recommendations
on the policies and procedures from interested parties.
SEC. 36. Section 2186 of the Fish and Game Code is amended to
read:
2186. (a) If during inspection upon arrival any wild animal is
found to be diseased, or there is reason to suspect the presence of
disease, or there is reason to suspect the presence of disease
which that is or may be detrimental to
agriculture, to native wildlife, or to the public health or safety,
the diseased animal, and if necessary, the entire shipment shall be
destroyed by, or under the supervision of the enforcing officer,
unless no detriment can be caused by its detention in quarantine for
a time and under conditions satisfactory to the enforcing officer for
disinfection, treatment, or diagnosis, or no detriment can be caused
by its return to its point of origin at the option and expense of
the owner or bailee possessor .
(b) Notwithstanding Section 2117, for the purposes of this
section, "enforcing officer" means the enforcement personnel of the
department, the state plant quarantine officers, and county
agricultural commissioners.
SEC. 37. Section 2187 of the Fish and Game Code is amended to
read:
2187. (a) Whenever any wild animal is brought into this state
under permit, as provided in this chapter, the enforcing officers
shall , from time to time, examine the conditions
under which such that species is kept,
and report to the department any suspicion or knowledge of any
disease or violations of the conditions of the permit or of the
regulations promulgated under the provisions of
this chapter. The enforcing officer may order the transfer of the
animal to new owners or the correction of the conditions under which
the species is being kept if not in conformance with the terms of the
permit, at the expense of the owner or bailee
possessor . If neither transfer or improvement of
conditions is accomplished, the officer may order destruction of the
animal.
(b) Notwithstanding Section 2117, for the purposes of this
section, "enforcing officer" means the enforcement personnel of the
department, the state plant quarantine officers, and county
agricultural commissioners.
SEC. 38. Section 2189 of the Fish and Game Code is amended to
read:
2189. (a) As used in this section "nonnative wild animal"
means any nonnative animal species, or hybrid thereof, that is not
normally domesticated pursuant to this code or regulations adopted
pursuant thereto and that is not designated as a furbearing, game,
nongame, threatened, or endangered animal.
(b) No person shall import into this state any live
nonnative wild animal except pursuant to this chapter or regulations
adopted pursuant thereto.
(b)
(c) Any live nonnative wild animal which
that is possessed or transported within this
state in violation of this chapter or regulations adopted pursuant
thereto shall , upon notice of and within the time specified
by the enforcing officer, be disposed of in accordance
with regulations adopted pursuant to Section 2122, at the
option and expense of the owner or bailee
possessor. The owner or possessor shall pay the costs
associated with the seizure, care, holding, transfer, and destruction
of the animal .
(c)
(d) Any live, nonnative wild animal found at large
within this state shall be either summarily destroyed or ,
if captured , shall be confined for not less than
72 hours following notification of the local humane society
. Any local, state, or federal governmental agency that has
public safety responsibilities is authorized to implement this
subdivision .
(d) If during the 72-hour holding period, any person claims
ownership of the animal, that person shall be allowed to dispose of
the animal pursuant to subdivision (b) and this shall be the person's
only option.
(e) After the 72-hour holding period, if
If the animal is unclaimed captured
, it shall be disposed of in accordance with regulations
adopted pursuant to Section 2122 unless the animal is listed as a
threatened or endangered species by either state or federal
regulation. If Notwithstanding subdivision
(c), if the animal is listed as a threatened or endangered
species in either regulation, the department shall be notified of the
animal's location and the department shall be responsible for proper
disposition.
SEC. 39. Section 2192 of the Fish and Game Code is amended to
read:
2192. Notwithstanding Part 2.5 (commencing with Section 18900) of
Division 13 of the Health and Safety Code, Section 11356 of the
Government Code, or any other provision of law, regulations of the
commission relating to the construction, fixtures, and other minimum
caging standards adopted by the commission for the confinement of
live wild animals pursuant to this chapter or live cats
pursuant to Section 3005.9 are not building standards
subject to the approval of the State Building Standards Commission.
SEC. 40. Section 2345 of the Fish and Game Code is amended to
read:
2345. This article applies to all dead wild birds, mammals, fish,
reptiles, and amphibia amphibians
. This article also applies to live mollusks and crustaceans
which that are transported for purposes
other than placement in the waters of this state. This article does
not apply to animals imported for purposes of aquaculture under
Division 12 (commencing with Section 15000).
SEC. 41. Section 2346 of the Fish and Game Code is amended to
read:
2346. It is unlawful for a common carrier or his agent to
transport for, or to receive for transportation from, any one person,
during any interval of time, more than the bag limit of birds,
mammals, fish, reptiles, or amphibia which
amphibians that may legally be taken and
possessed by such that person during
that interval.
SEC. 42. Section 2347 of the Fish and Game Code is amended to
read:
2347. It is unlawful for any person to offer for transportation
by common carrier during any interval of time more than the bag limit
of birds, mammals, fish, reptiles, or amphibia
which amphibians that may legally be taken and
possessed by such that person during
that interval.
SEC. 43. Section 2348 of the Fish and Game Code is amended to
read:
2348. (a) Any package in which birds,
mammals, fish, reptiles, or amphibia
amphibians , or parts thereof are offered for
transportation to, or are transported or received for transportation
by, a common carrier or his agent shall bear the name and address of
the shipper and of the consignee and an accurate description of the
numbers and kinds of birds, mammals, fish, or amphibia
amphibians contained therein clearly and
conspicuously marked on the outside thereof.
Licensed
(b) Licensed commercial fishermen
and licensed commercial fish dealers are subject to all of the
provisions of this section, except that commercial shipments of fish
may be indicated by total net weight of each species instead of by
numbers.
SEC. 44. Section 2349 of the Fish and Game Code is amended to
read:
2349. No bird, mammal, fish, reptile, or amphibian,
except smoked, cured, or dried fish other than trout, may be shipped
by parcel post.
SEC. 45. Section 2353 of the Fish and Game Code is amended to
read:
2353. (a) Notwithstanding any other provision of law,
birds Birds , mammals, fish, reptiles, or
amphibia may amphibians shall not be
brought into imported or possessed in
this state and possessed if unless all of the
following requirements are met:
(1) The animals were legally
taken and legally possessed outside of this state and a
.
(2) This code and regulations adopted
pursuant thereto do not expressly prohibit their possession in this
state.
(3) A declaration is submitted to
the department or a designated state or federal agency at or
immediately prior to before the time of
entry, in the form and manner prescribed by the department.
(b) Birds, mammals, fish, reptiles, or amphibia
amphibians legally taken and legally possessed outside of
this state may be imported into this state and possessed without a
declaration if the shipment is handled by a common carrier under a
bill of lading or as supplies carried into this state by common
carriers for use as food for the passengers.
(c) The commission and the department shall not modify
the provisions of this section by any regulation
which that would prohibit the importation of
lawfully killed migratory game birds taken in any other state or
country and transported into this state pursuant to the migratory
bird regulations adopted annually by the Secretary of the Interior.
SEC. 46. Section 2362 of the Fish and Game Code is amended to
read:
2362. Yellowtail, barracuda, and white seabass taken in waters
lying south of the international maritime
boundary line between the United States and Mexico,
extended westerly in the Pacific Ocean with that
maritime boundary line including, but not limited to, the federal
Exclusive Economic Zone boundary , may be delivered to
California ports aboard boats, including boats carrying purse seine
or round haul nets in accordance with such
those regulations as the commission may make governing the
inspection and marking of such those
fish imported into this State state .
The cost of such that inspection and
marking shall be paid by the importer. Fish taken in Mexico
shall not be imported unless legally taken and legally possessed and
a declaration is submitted to the department pursuant to
Section 2353.
SEC. 47. Section 2535 of the Fish and Game Code is amended to
read:
2535. As used in this chapter, "guide" means any person who is
engaged in the business of packing or guiding, or who, for
compensation a fee , assists another person in
taking or attempting to take any bird, mammal, fish, amphibian, or
reptile or who, for compensation, assists another person in
locating any bird, mammal, fish, amphibian, or reptile to photograph
or view . "Guide" also includes any person who, for profit,
transports other persons, their equipment, or both to or from a
hunting or fishing area.
SEC. 48. Section 3001 of the Fish and Game Code is amended to
read:
3001. It is unlawful to take birds or mammals with firearms
, air rifles, crossbows, or with bow and arrow when
intoxicated.
SEC. 49. Section 3003.5 of the Fish and Game Code is amended to
read:
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
drive or herd game haze birds or
mammals for the purpose of preventing damage by such mammals
that wildlife to private property.
(b) Pursuant to a permit from the department issued under
such regulations as the commission may prescribe.
(c) In the pursuit of agriculture.
SEC. 50. Section 3004 of the Fish and Game Code is amended to
read:
3004. (a) It is unlawful for any 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, to hunt or to discharge while hunting,
any firearm or other deadly weapon within 150 yards of any occupied
dwelling house, residence, or other building or any barn or other
outbuilding used in connection therewith. The 150-yard area is a
"safety zone."
(b) It is unlawful for any person to intentionally discharge any
firearm or release any arrow or crossbow bolt over or across any
public road or way open to the public, in an unsafe manner.
SEC. 51. Section 3005.9 of the Fish and Game Code is repealed.
3005.9. (a) It is unlawful to possess or confine any live cat
(family Felidae), except house cats (Felis domesticus), except as
provided in this division and in Section 3202. Any cat possessed or
confined in violation of this section may be seized by the department
for disposal as directed by the commission.
The commission shall adopt regulations permitting the temporary
confinement of cats, other than house cats, for the purpose of
required veterinary treatment or care, or for utilization in
television or motion picture productions.
The following institutions, as defined, are exempt from this
section:
(1) Any zoo, as defined in Section 2150.
(2) Any university, college, governmental research agency, or
other bona fide scientific institution, as determined by the
department, engaging in scientific or public health research.
(b) The following organizations or individuals, as defined by the
commission, in compliance with permits and standards, as specified by
the commission, that safeguard the health and well-being of cats are
exempt from the provisions of subdivision (a):
(1) Circuses.
(2) Other professional exhibitors qualified by the department and
licensed by the United States Department of Agriculture.
(3) Dealers and breeders qualified by the department and licensed
by the United States Department of Agriculture.
(4) Wildlife rehabilitation centers, as qualified by the
department.
(c) Subdivision (a) of this section shall not prohibit the
possession or confinement of any cat by a person who had lawful
possession of the cat on January 1, 1979, pursuant to a permit issued
by the department under Section 2150 or Section 3200. The annual fee
for the permit shall be set by the department in an amount
calculated to cover the costs of administration. Progeny determined
to have been conceived before January 1, 1979, are exempt from
subdivision (a) of Section 3005.9 but are subject to department
regulations regarding their possession or confinement.
(d) Cats possessed pursuant to subdivisions (b) and (c) of this
section may be sold, transferred, or disposed of to the institutions
or individuals defined as exempt under this section, when the sale,
transfer or disposal is pursuant to a department permit. The permit
shall specify the terms and conditions of sale, transfer, or
disposal. These cats shall not be sold, transferred, or disposed of
to private individuals.
The commission shall adopt regulations regarding the possession or
confinement of progeny determined to have been conceived after
January 1, 1979. These cats may be sold, transferred, or disposed of
to the institutions defined as exempt under this section, when the
sale, transfer, or disposal is pursuant to a department permit. The
permit shall specify the terms and conditions of sale, transfer, or
disposal. These cats shall not be sold, transferred, or disposed of
to private individuals.
This section does not apply to the lawful taking of mammals found
to be injuring crops or property, or to the taking of mammals under
depredation permits, or to the lawful taking of these mammals as
authorized by the commission.
SEC. 52. Section 3005.91 of the Fish and Game Code is repealed.
3005.91. The department or an eligible local entity, pursuant to
regulations of the commission, shall inspect the cat facilities of
each person holding a permit issued pursuant to regulations of the
commission authorizing the possession of a cat, other than a house
cat. These inspections shall be to ensure that the animal is being
held in conformity with law. The department or an eligible local
entity shall collect an inspection fee in an amount determined by the
department pursuant to Section 2150.2. The fee shall be paid over to
the department.
SEC. 53. Section 3005.92 of the Fish and Game Code is repealed.
3005.92. (a) The commission shall promulgate regulations
regarding the possession and confinement of privately owned cats
(family felidae) other than house cats. Such regulations shall
include the following requirements:
(i) Specific cage or enclosure standards for each cat species.
Such requirements shall be met by any person applying for a permit or
renewal of a permit prior to such issuance or renewal.
(ii) That every cat be inspected by a licensed veterinarian every
year, who shall thereafter issue a health certificate. The
certificate shall be attached to the cage or enclosure of the
examined cat.
(b) When it is shown that the holder of a permit issued pursuant
to Section 2150, or a license issued pursuant to subdivision (c) of
Section 3202, authorizing the possession or confinement of a cat, has
been convicted of a violation of Section 3005.92, such permit or
license may be revoked.
SEC. 54. Section 3005.93 of the Fish and Game Code is repealed.
3005.93. The department shall make available upon request
information on the possession of a cat, other than a house cat, and
information on regulations and standards applicable to permit
holders.
SEC. 55. Section 3005.94 of the Fish and Game Code is repealed.
3005.94. The director may appoint a committee to advise him on
the care of cats, other than house cats.
SEC.
56. Section 3007 of the Fish and Game Code is amended to read:
3007. Every Except as provided in this
code or regulations adopted pursuant thereto, every person who
takes any bird or mammal shall procure a license or permit
entitlement therefor.
SEC. 57. Section 3031.2 of the Fish and Game Code is amended to
read:
3031.2. (a) In addition to Sections 714 and 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 does not
include any special license tags, license
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) 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.
(d) 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.
(e) The base fees specified in this section are applicable
commencing January 1, 2004, and shall be adjusted annually thereafter
pursuant to Section 713.
SEC. 58. Section 3050 of the Fish and Game Code is amended to
read:
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 safety,
principles of conservation, and sportsmanship, as provided in this
article, with a hunter safety instruction validation stamp affixed
thereto.
(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
safety education course in another state or
province.
(5) Evidence of completion of a course in hunter safety
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 with the license agent's report of hunting license
sales as required pursuant to Section 1055.5.
(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 may shall
not qualify as evidence required in subdivision (a) of this section.
SEC. 59. Section 3051 of the Fish and Game Code is amended to
read:
3051. (a) The department shall provide for a
course of instruction in hunter safety
education , principles of conservation, and sportsmanship, 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 sportsmanship.
The
(b) The department may designate
as a hunter safety education instructor
any person found by it to be competent to give instruction in the
courses required in this article. A person so appointed shall give
that course of instruction, and, upon completion thereof, shall issue
to the person instructed a certificate of completion as provided by
the department in hunter safety, principles of conservation, and
sportsmanship.
The
(c) The department shall
prescribe a minimum level of skill and knowledge to be required of
all hunter safety education
instructors, and may limit the number of students per instructor in
all required classes.
The
(d) The department may revoke the
certificate of any instructor when, in the opinion of the
department, it is in the best interest of the state to do so.
SEC. 60. Section 3054 of the Fish and Game Code is amended to
read:
3054. The department shall furnish information on hunter safety,
principles of conservation , and sportsmanship
which that shall be distributed free of charge
to persons designated as hunter safety
education instructors for instructional purposes.
SEC. 61. Section 3055 of the Fish and Game Code is repealed.
3055. (a) Any person who applies for a hunting license and
qualifies for the license through the issuance of a certificate of
completion of a course in hunter safety, principles of conservation,
and sportsmanship as provided by this article, shall obtain a hunter
safety instruction validation stamp. The hunter safety instruction
validation stamp shall be issued by license agents for a base fee of
two dollars ($2), as adjusted under Section 713, in the same manner
as resident hunting licenses. The validation stamp shall be affixed
to the certificate of completion. A certificate of competence issued
by this state prior to January 1, 1990, shall be accepted as
equivalent to a certificate of completion issued by this state after
January 1, 1990.
(b) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 62. Section 3055.1 of the Fish and Game Code is repealed.
3055.1. (a) Any person who applies for a hunting license and
qualifies for the license through the issuance of a certificate of
completion of a course in hunter safety, principles of conservation,
and sportsmanship as provided by this article, shall obtain a hunter
safety instruction validation. The hunter safety instruction
validation shall be issued by license agents for a base fee of two
dollars ($2), as adjusted under Section 713, in the same manner as
resident hunting licenses. The validation shall be affixed to the
certificate of completion. A certificate of competence issued by this
state prior to January 1, 1990, shall be accepted as equivalent to a
certificate of completion issued by this state after January 1,
1990.
(b) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
SEC. 63. Section 3080 of the Fish and Game Code is amended to
read:
3080. (a) For the purposes of this section, "donor intermediary"
means a recipient who receives game birds or mammals from a donor to
give to a charitable organization or charitable entity. A donor
intermediary possessing game birds or mammals during a period other
than the open season shall have the documentation described in
paragraph (2) or (3) of subdivision (b). There is no required format
for the documentation. Any written documentation containing the
required information shall be deemed to comply with this section.
(b) The possession limit of any game bird or mammal may be
possessed during a period other than the open season if one of the
following conditions apply:
(1) The person has in his or her possession a hunting license and
validated license tag or tags for the species
possessed, or copies thereof. The license and tag or tags shall have
been issued to that person for the current or immediate past license
year.
(2) The person received the game bird or mammal from a person
described in paragraph (1), and the recipient has a photocopy of the
donor's hunting license and the applicable validated license
tag or tags that has been signed and dated by the donor
confirming the donation. The photocopied license and tag or tags
shall be from the current or immediate past license year.
(3) The person received the game bird or mammal from a person
described in paragraph (1), and the recipient has a signed and dated
document confirming the donation that includes the donor's name,
address, hunting license number, and applicable license
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. Charitable
organizations or charitable entities receiving and distributing game
birds or mammals for charitable or humane purposes, shall maintain
the documentation described in paragraph (2) or (3) of subdivision
(b) for one year from the date of disposal.
(d) Nothing in this section authorizes the possession of game
birds or carcasses or parts thereof contrary to regulations issued
pursuant to the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703
et seq.).
SEC. 64. Section 3087 of the Fish and Game Code is amended to
read:
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 which 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.
The
(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 which 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, which that list species of fish,
reptiles, amphibians, birds, or mammals whose prepared skins shall
not be sold, and which that limit the
sales price of prepared skins to the actual cost of preparation.
The
(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
the provisions of this subdivision and regulations adopted
pursuant thereto.
SEC. 65. Section 3242 of the Fish and Game Code is amended to
read:
3242. A Upon submission of a completed
application on a form approved by the commission, a commercial
hunting club license shall be issued to any person upon the payment
of a base fee of one hundred sixty-five dollars ($165), as adjusted
under Section 713.
SEC. 66. Section 3304 of the Fish and Game Code is repealed.
3304. The licensee shall raise or use a minimum of 500 birds
during the annual license period.
SEC. 67. Section 3500 of the Fish and Game Code is amended to
read:
3500. Resident game birds are: Chinese spotted doves,
ringed turtledoves of the family Columbidae, California quail and
varieties thereof, Gambel or desert quail, mountain quail and
varieties thereof, sooty or blue grouse and varieties thereof, ruffed
grouse, sage hens and sage grouse, Hungarian partridges, red-legged
partridges including the chukar and other varieties, ring-necked
pheasants and varieties, and wild turkeys of the order Galliformes.
(a) Resident game birds are as
follows:
Migratory game birds are: ducks and geese, coots and gallinules,
jacksnipe, western mourning doves, white-winged doves and band-tailed
pigeons.
(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 and 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.
(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.
References
(c) References in this code to
"game birds" means both resident game birds and migratory game birds.
SEC. 68. Section 3680 of the Fish and Game Code is repealed.
3680. Any person, other than the owner thereof, who at any time,
by any means or in any manner, takes any Antwerp or homing pigeon is
guilty of a misdemeanor. However, during the open legal season on
bandtailed pigeons, the taking of Antwerp or homing pigeons
incidentally with the shooting or taking of wild bandtailed pigeons,
is not a violation of this section.
SEC. 69. Section 3683 of the Fish and Game Code is amended to
read:
3683. Upland game bird species include resident game
birds, defined as Chinese spotted doves, ringed turtledoves of the
family columbidae; California quail and varieties thereof, Gambel's
or desert quail, mountain quail and varieties thereof, ruffed grouse,
sage hens and sage grouse; white-tailed ptarmigan, Hungarian
partridges, red-legged partridges including the chukar and other
varieties, ringed-neck pheasants and varieties, and wild turkeys of
the order galliformes; and migratory game birds including jacksnipe,
western mourning doves, white-winged doves, and band-tailed pigeons.
Upland game bird species include both of the
following:
This section shall become operative on July 1, 1993.
(a) All of the following resident game birds:
(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.
(6) Ruffed grouse.
(7) Sage hens or sage grouse.
(8) White-tailed ptarmigan.
(9) Hungarian partridges.
(10) Red-legged partridges including the chukar and other
varieties.
(11) Ring-necked pheasants and varieties thereof.
(12) Wild turkeys.
(b) All of the following migratory game birds:
(1) Jacksnipe.
(2) Western mourning doves.
(3) White-winged doves.
(4) Band-tailed pigeons.
SEC. 70. Section 3801 of the Fish and Game Code is amended to
read:
3801. Unless otherwise provided by the regulations of
the commission the following nongame birds may be taken and possessed
by any person at any time, except as provided in Section 3000:
Notwithstanding Section 3007 or any other provision of
this code or regulations made pursuant thereto requiring the
possession of a hunting license, a landowner or lessee or agent of
either in immediate possession of written authority from the
landowner or lessee, shall not be required to obtain a hunting
license or a depredation permit to take the following nongame birds
on land owned or leased by the landowner or lessee. Hunters otherwise
taking the following nongame birds shall be licensed
pursuant to Section 3007. The following nongame birds taken in co
mpliance with this section may be taken and possessed by
any person at any time, except as provided in Section 3000:
(a) English sparrows (Passer domesticus).
(b) Starlings (Sturnus vulgaris).
(c) Rock dove, also known as domestic pigeons (Columba livia).
SEC. 71. Section 3801.6 of the Fish and Game Code is amended to
read:
3801.6. (a) Except as otherwise provided in
this code or regulations made pursuant thereto, it is unlawful to
possess the carcass, skin, or parts of any nongame bird. The carcass,
skin, or parts of any nongame bird possessed by any person in
violation of any of the provisions of this code shall be seized by
the department and delivered to a scientific or educational
institution , used by the department, or destroyed .
(b) It shall be an affirmative defense to a violation of this
section if the possessor of feathers or parts of a nongame bird is an
enrolled member of a federally recognized Indian tribe who has valid
tribal identification in his or her immediate possession. The member
shall have legally acquired the feathers or parts and those feathers
or parts shall be possessed for tribal cultural, ethnic, or
religious purposes. Nothing in this section allows those feathers or
parts to be initially obtained on nontribal lands or to be sold or
bartered. Native Americans meeting the affirmative defense
requirements may keep and openly display those feathers and parts in
accordance with cultural, ethnic, or religious practices of his or
her tribe.
SEC. 72. Section 3803 of the Fish and Game Code is amended to
read:
3803. The department may take any bird which
individual bird, or birds of any species, that , in its
opinion, is are unduly preying upon any
species of bird, mammal, reptile, amphibian,
or fish.
SEC. 73. Section 4000 of the Fish and Game Code is amended to
read:
4000. The following are fur-bearing mammals: pine marten, fisher,
wolverine, mink, river otter, gray fox,
cross fox, silver fox, red fox, kit fox, raccoon, beaver,
badger, and muskrat.
SEC. 74. Section 4001 of the Fish and Game Code is repealed.
4001. Fur-bearing mammals may be taken between November 16th and
the day before the last day of February.
SEC. 75. Section 4005 of the Fish and Game Code is amended to
read:
4005. (a) Except as otherwise provided in this section, every
person, other than a fur dealer, who traps fur-bearing mammals or
nongame mammals, designated by the commission or who sells raw furs
of those mammals, shall procure a trapping license. "Raw fur" means
any fur, pelt, or skin that has not been tanned or cured, except that
salt-cured or sun-cured pelts are raw furs.
(b) The department shall develop standards that are necessary to
ensure the competence and proficiency of applicants for a trapping
license. No person shall be issued a license until he or she has
passed a test of his or her knowledge and skill in this field.
(c) Persons trapping mammals in accordance with Section 4152 or
4180 are not required to procure a trapping license except when
providing trapping services for profit.
(d) No raw furs taken by persons providing trapping services for
profit may be sold.
(e) The license requirement imposed by this section does not apply
to any of the following:
(1) Officers or employees of federal, county, or city agencies or
the department, when acting in their official capacities, or officers
or employees of the Department of Food and Agriculture when acting
pursuant to the Food and Agricultural Code pertaining to pests or
pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of
Part 1 of Division 4 of the Food and Agricultural Code.
(2) Structural pest control operators license pursuant to Chapter
14 (commencing with Section 8500) of Division 3 of the Business and
Professions Code, when trapping rats, mice, voles, moles, or gophers.
(3) Persons and businesses licensed or certified by the Department
of Pesticide Regulation pursuant to Chapter 4 (commencing with
Section 11701) and Chapter 8 (commencing with Section 12201) of
Division 6 of, and Chapter 3.6, (commencing with Section 14151) of
Division 7 of, the Food and Agricultural Code, when trapping rats,
mice, voles, moles, or gophers.
(f) (1) Except as provided in paragraph (2), nothing in this code
or regulations adopted pursuant thereto shall be construed to prevent
a land owner, lessee, governmental agency, public entity, their
agents, or employees on property under their control, from trapping
any of the following animals:
(A) Gophers.
(B) House mice.
(C) Moles.
(D) Rats, except riparian woodrats.
(E) Voles, except white-footed voles.
(2) A land owner, lessee, governmental agency, public entity,
their agents, or employees shall not trap any of the animals listed
in paragraph (1) if prohibited by federal law or if the species is
listed pursuant to Chapter 1.5 (commencing with Section 2050) of
Division 3 or Chapter 8 (commencing with Section 4700).
SEC. 76. Section 4012 of the Fish and Game Code is amended to
read:
4012. It is unlawful to take any cross fox, silver fox,
or Sierra Nevada red fox (Vulpes vulpes
necator) for profitmaking purposes.
SEC. 77. Section 4152 of the Fish and Game Code is amended to
read:
4152. (a) Except as provided in Section
4005, nongame mammals and black-tailed jackrabbits, muskrats,
subspecies of red fox that are not the native Sierr a
Nevada red fox (Vulpes vulpes necator), and red fox squirrels
that are found to be injuring growing crops or other property may be
taken at any time or in any manner in accordance with this code
and regulations adopted pursuant to this code by the owner or
tenant of the premises or employees and agents in immediate
possession of written permission from the owner or tenant
thereof , except that if leghold steel-jawed traps are used
to take those mammals, the traps and the use thereof shall be in
accordance with subdivisions (a), (b), and (d) of Section 4004
. They may also be taken by officers or employees of the
Department of Food and Agriculture or by federal, county, or city,
officers or employees when acting in their official capacities
pursuant to the provisions of the Food and
Agricultural Code pertaining to pests, or pursuant to Article 6
(commencing with Section 6021) of Chapter 9 of Part 1 of Division 4
of the Food and Agricultural Code. Persons taking mammals in
accordance with this section are exempt from the
requirements of Section 3007 , except when providing
trapping services for a fee. Unless otherwise specifically allowed by
the department, mammals taken pursuant to this section shall be
immediately killed or immediately released unharmed on the same
property where the take occurred . Raw furs, as defined in
Section 4005, that are taken under this section, may
shall not be sold.
Traps
(b) Traps used pursuant to this
section shall be inspected and all animals in the trap shall be
removed at least once daily. The inspection and removal shall be done
by the person who sets the trap or the owner of the land where the
trap is set or an agent of either.
SEC. 78. Section 4180 of the Fish and Game Code is amended to
read:
4180. (a) Except as provided for in Section
4005, fur-bearing mammals that are injuring property may be taken at
any time and in any manner in accordance with this code ,
except that if leghold steel-jawed traps are used to take those
mammals, the traps and the use thereof shall be in accordance with
subdivisions (a), (b), and (d) of Section 4004 or
regulations made pursuant to this code . Raw furs, as defined
in Section 4005, that are taken under this section, may
shall not be sold.
Traps
(b) Traps used pursuant to this
section shall be inspected and all animals in the trap shall be
removed at least once daily. The inspection and removal shall be done
by the person who sets the trap or the owner of the land where the
trap is set or an agent of either.
SEC. 79. Section 4181.1 of the Fish and Game Code is amended to
read:
4181.1. (a) Any bear that is encountered while in the act of
inflicting injury to, molesting, or killing, livestock may be taken
immediately by the
owner of the livestock or the owner's employee if the taking is
reported no later than the next working day to the department and the
carcass is made available to the department.
(b) Notwithstanding Section 4652, any wild pig that is encountered
while in the act of inflicting injury to, molesting, pursuing,
worrying, or killing livestock or damaging or destroying, or
threatening to immediately damage or destroy, land or other property,
including, but not limited to, rare, threatened, or endangered
native plants, wildlife, or aquatic species, may be taken immediately
by the owner of the livestock, land, or property or the owner's
agent or employee, or by an agent or employee of any federal, state,
county, or city entity when acting in his or her official capacity.
The person taking the wild pig shall report the taking no later than
the next working day to the department and shall make the carcass
available to the department. Unless otherwise directed by the
department and notwithstanding Section 4657, the person taking a wild
pig pursuant to this subdivision, or to whom the carcass of a wild
pig taken pursuant to this subdivision is transferred pursuant to
subdivision (c), may possess the carcass of the wild pig. The person
in possession of the carcass shall make use of the carcass, which may
include an arrangement for the transfer of the carcass to another
person or entity, such as a nonprofit organization, without
compensation. The person who arranges this transfer shall be deemed
to be in compliance with Section 4304. A violation of this
subdivision is punishable pursuant to Section 12000. It is the intent
of the Legislature that nothing in this subdivision shall be
interpreted to authorize a person to take wild pigs pursuant to this
subdivision in violation of a state statute or regulation or a local
zoning or other ordinance that is adopted pursuant to other
provisions of law and that restricts the discharge of firearms.
(c) The department shall make a record of each report
made pursuant to subdivision (a) or (b) and may have an
employee of the department investigate the taking or cause the taking
to be investigated. The person taking a wild pig shall provide
information as deemed necessary by the department. Upon completion of
the investigation, the investigator may, upon a finding that the
requirements of this section have been met with respect to the
particular bear or wild pig taken under subdivision (a) or (b), issue
a written statement to the person confirming that the requirements
of this section have been met. The person who took the wild pig may
transfer the carcass to another person without compensation.
(d) Notwithstanding Section 4763, any part of any bear lawfully
possessed pursuant to this section is subject to Section 4758.
(e) Nothing in this section prohibits federal, state, or county
trappers from killing or trapping bears when the bears are killing or
molesting livestock, but no iron-jawed or steel-jawed or any type of
metal-jawed trap shall be used to take the bear, and no person,
including employees of the state, federal, or county government,
shall take bear with iron-jawed or steel-jawed or any type of
metal-jawed traps.
SEC. 80. Section 4181.2 of the Fish and Game Code is repealed.
4181.2. For the purposes of this article relating to damage
caused by wild pigs, "damage" means loss or harm resulting from
injury to person or property. The department shall develop statewide
guidelines to aid in determining the damage caused by wild pigs. The
guidelines shall consider various uses of the land impacted by pigs.
SEC. 81. Section 4181.5 of the Fish and Game Code is amended to
read:
4181.5. (a) Any owner or tenant of land or
property that is being damaged or destroyed or is in immediate danger
of being damaged or destroyed by deer may apply to the department
for a permit to kill such those deer.
The department, upon satisfactory evidence of such
that damage or destruction, actual or immediately
threatened, shall issue a revocable permit for the taking and
disposition of such those deer for a
designated period not to exceed 60 days under regulations promulgated
by the commission.
The
(b) The regulations of the
commission shall include provisions concerning the type of weapons to
be used to kill the deer. The weapons shall be such
those as will ensure humane killing, but the
regulations of the commission shall provide for the use of a
sufficient variety of weapons to permit the designation of particular
types to be used in any particular locality commensurate with the
need to protect persons and property. Firearms using .22-caliber
rimfire cartridges may be used only when authorized by the
director department . No pistols shall
be used. The caliber and type of weapon to be used by each
permittee shall be specified in each permit by the issuing officer
who shall take into consideration the location of the area, the
necessity for clean kills, the safety factor, local firearms
ordinances, and other factors which that
apply. Rifle and pistol ammunition used shall have
expanding bullets; shotgun ammunition shall have only single slugs
, or, if authorized by the department, 0 or 00 buckshot .
The
(c) The department shall issue
tags similar to those provided for in Section 4331 at the same time
the permit is issued. A permittee under this section shall carry the
tags while hunting deer, and upon the killing of any deer, shall
immediately fill out both parts of the tag and punch out clearly the
date of the kill. One part of the tag shall be immediately attached
to the antlers of antlered deer or to the ear of any other deer and
kept attached until ten (10) 10 days
after the permit has expired. The other part of the tag shall be
immediately sent to the department after it has been countersigned by
any person authorized by Section 4341.
A
(d) A permit issued pursuant to
this section may be renewed only after a finding by the department
that further damage has occurred or will occur unless such
that permit is renewed. A person seeking renewal
of the permit shall account for all prior tags issued at the time he
or she received any prior permits, and if any tags are
unused, he must or she shall show
either that any deer killed could not reasonably be tagged or why the
killing was not accomplished within the allotted time and why
such that killing would be accomplished
under a new time period.
SEC. 82. Section 4186 of the Fish and Game Code is amended to
read:
4186. Nothing in this code prohibits the owner or tenant of land,
or any person authorized in writing by such
that owner or tenant, from taking cottontail or brush rabbits
during any time of the year when damage to crops or forage is being
experienced on such that land.
Unless otherwise specifically allowed by the department, those
rabbits shall be immediately killed or immediately
released unharmed on the same property where the take occurred.
Any person other than the owner or tenant of such
the land shall have in possession when
transporting rabbits from such the
property , written authority from the owner or tenant of
land where such those rabbits were
taken. Rabbits taken under the provision of this code may
this section shall not be sold.
SEC. 83. Section 4330 of the Fish and Game Code is amended to
read:
4330. It is unlawful to take any deer without first procuring a
deer license tag or permit authorizing the taking
of such that deer.
SEC. 84. Section 4331 of the Fish and Game Code is amended to
read:
4331. The commission may determine the design and makeup of the
deer license tag and prescribe the procedures for
issuance and use.
SEC. 85. Section 4332 of the Fish and Game Code is amended to
read:
4332. (a) Any resident of this state, 12 years of age or over,
who possesses a valid hunting license, may procure one
license tag for the taking of one deer by one person during
the current license year, upon payment of the base fee of ten
dollars ($10) for the license year beginning July 1, 1986, and the
base fee as adjusted under Section 713 for subsequent license years.
(b) Any nonresident of this state, 12 years of age or over, who
possesses a valid hunting license, may procure one license
tag for the taking of one deer by one person during the
current license year, upon payment of the base fee of one hundred
dollars ($100) for the license year beginning July 1, 1986, and the
base fee as adjusted under Section 713 for subsequent license years.
(c) If provided in regulations adopted by the commission under
Section 200, any resident of this state, 12 years of age or over, who
possesses a deer tag may procure one additional deer tag for the
taking of one additional deer during the current license season, upon
payment of the base fee of twelve dollars and fifty cents ($12.50)
for the license years beginning July 1, 1986, and the base fee as
adjusted under Section 713 for subsequent license years.
(d) If provided in regulations adopted by the commission under
Section 200, any nonresident of this state, 12 years of age or over,
who possesses a deer tag may procure one additional deer tag for the
taking of one additional deer during the current license season, upon
payment of the base fee of one hundred dollars ($100) for the
license year beginning July 1, 1986, and the base fee as adjusted
under Section 713 for subsequent license years.
(e) The revenue received pursuant to this section shall be
deposited in the Fish and Game Preservation Fund, and,
notwithstanding Section 13340 of the Government Code, 54 percent of
the amount deposited in that fund pursuant to this section each year
is hereby continuously appropriated to the department for expenditure
for the purpose of implementing the deer herd management plans
prepared pursuant to Chapter 5 (commencing with Section 450) of
Division 1.
The amount appropriated for implementation of deer herd management
plans by this subdivision is intended to be in addition to, and not
a replacement for, the funds budgeted in that year or the previous
year to the department from the Fish and Game Preservation Fund for
deer management.
SEC. 86. Section 4333 of the Fish and Game Code is amended to
read:
4333. License tags Tags are valid
only during that portion of the current hunting license year in which
deer may be taken or possessed in any area.
SEC. 87. Section 4334 of the Fish and Game Code is amended to
read:
4334. The commission shall annually direct the department to
authorize, pursuant to Sections 1054.6 and 1054.8, the sale of not
more than 10 deer license tags solely for the
purpose of raising funds for programs and projects to benefit deer.
These tags may be sold to residents or nonresidents of the State of
California at auction or by any other method and are not subject to
the fees prescribed by Section 4332. Notwithstanding Section 13340 of
the Government Code, all funds derived from the sale of these tags
is hereby continuously appropriated to the department to be used for
the Deer Herd Management Plan Implementation Program. These funds
shall augment, not supplant, any other funds appropriated to the
department for the preservation, restoration, utilization, and
management of deer. All revenues derived from the sale of these tags
shall be remitted to the department by the seller.
SEC. 88. Section 4336 of the Fish and Game Code is amended to
read:
4336. (a) The holder of a deer tag
person to whom a deer tag has been issued shall
carry the tag while hunting deer , and upon
. Upon the killing of any deer, th at person
shall immediately fill out the tag and permanently
mark the completely, legibly, and permanently, and cut
out or punch out and completely remove notches or punch holes for
the month and date of the kill. The deer tag shall be
immediately attached to the antlers of antlered deer or to the ear of
any other deer and kept attached during the open season and for 15
days thereafter. The holder of the deer tag shall immediately, upon
harvesting a deer, notify the department in a manner specified by the
commission.
Except
(b) Except as otherwise provided
by this code or regulation adopted pursuant to this code,
possession of it is unlawful to possess any
untagged deer is a violation of this section .
SEC. 89. Section 4340 of the Fish and Game Code is amended to
read:
4340. (a) Any person who is convicted of a violation of any
provision of this code, or of any rule, regulation, or order made or
adopted under this code, relating to deer shall forfeit his or her
deer license tags, and no new deer
license tags may shall be
issued to that person during the then current license year for
hunting licenses.
(b) No person described in subdivision (a) may apply for deer
license tags for the following license year.
SEC. 90. Section 4341 of the Fish and Game Code is amended to
read:
4341. Any person legally killing a deer in this state shall have
the license tag countersigned by a person employed
in the department, a person designated for this purpose by the
commission, or by a notary public, postmaster, peace officer, or an
officer authorized to administer oaths, before transporting such
deer, except for the purpose of taking it to the nearest person
authorized to countersign the license tag, on the
route being followed from the point where the deer is taken.
SEC. 91. Section 4652 of the Fish and Game Code is amended to
read:
4652. (a) It is unlawful to
take any wild pig, except as provided in Section 4181, without first
procuring a license tag authorizing the taking of
such that wild pig in accordance with
this chapter.
(b) This section shall become operative on July 1, 1992.
SEC. 92. Section 4653 of the Fish and Game Code is amended to
read:
4653. The department may determine the design and type of
information to be included on the wild pig license
tag and prescribe the procedures for the issuance and use of the tag.
SEC. 93. Section 4655 of the Fish and Game Code is amended to
read:
4655. (a) Wild pig
license tags are valid only during that portion of the
current hunting license year in which wild pigs may be taken or
possessed in any area of the state.
(b) This section shall become operative on July 1, 1992.
SEC. 94. Section 4657 of the Fish and Game Code is amended to
read:
4657. The holder of a wild pig tag shall keep the tag in his or
her possession while hunting wild pig. Prior to
Before the taking of any wild pig, the holder of a wild
pig tag , except for wild pig tags issued through the Automated
License Data System, shall legibly write or
otherwise affix his or her hunting license number to the wild pig
tag. Upon the killing of any wild pig, the date of the kill shall be
clearly marked by the holder of the tag on both parts of
the tag. Prior to Before transporting
the pig, a tag shall be attached to the carcass by the holder of the
tag. The holder of the wild pig tag shall immediately, upon
harvesting a pig, notify the department in a manner specified by the
commission.
SEC. 95. Section 4750 of the Fish and Game Code is amended to
read:
4750. It is unlawful to take any bear with firearm, trap, or bow
and arrow without first procuring a license tag
authorizing the taking of such that
bear in accordance with the provisions of this
chapter, but no iron or steel-jawed or any type of metal-jawed trap
shall be used to take any bear.
SEC. 96. Section 4751 of the Fish and Game Code is amended to
read:
4751. (a) Any resident of this state, 12 years of age or over,
who possesses a valid hunting license, may procure the number of bear
tags corresponding to the number of bear that may legally be taken
by one person during the current license year, upon payment of a base
fee of fifteen dollars ($15), as adjusted under Section 713, for
each bear tag.
(b) Any nonresident of this state, 12 years of age or over, who
possesses a valid California hunting license, may procure the number
of bear license tags corresponding to the number
of bear that may be legally taken by one person during the current
license year upon payment of the base fee of one hundred five dollars
($105), as adjusted under Section 713, for each bear tag.
SEC. 97. Section 4752 of the Fish and Game Code is amended to
read:
4752. Bear license tags are valid only during
that portion of the current hunting license year in which bear may be
taken or possessed in any district.
SEC. 98. Section 4753 of the Fish and Game Code is amended to
read:
4753. The holder of a person to whom a
bear tag has been issued shall carry the tag while
hunting bear , and upon . Upon the
killing of any bear , that person shall immediately fill
out the tag and punch out clearly completely,
legibly, and permanently, and cut out or punch out and completely
remove notches or punch holes for the month and the date of the
kill. One part of the tag shall be immediately attached to the ear
of the bear and kept attached during the open season and for 15 days
thereafter. The holder of the bear tag shall immediately, upon
harvesting a bear, notify the department in a manner specified by the
commission. Possession of any untagged bear is a violation
of this section. Except as otherwise provided by this
code or regulations adopted pursuant to this code, it is unlawful to
possess any untagged bear.
SEC. 99. Section 4754 of the Fish and Game Code is amended to
read:
4754. (a) Any person who is convicted of a violation of any
provision of this code, or of any rule, regulation, or order made or
adopted under this code, relating to bears shall forfeit his or her
bear license tags, and new bear license
tags shall not be issued to that person during the then
current license year for hunting licenses.
(b) A person described in subdivision (a) shall not apply for bear
license tags for the following license year.
SEC. 100. Section 4755 of the Fish and Game Code is amended to
read:
4755. Any person legally killing a bear in this state shall have
the license tag countersigned by a fish and game
commissioner, a person employed in the department, a person
designated for this purpose by the commission, or by a notary public,
postmaster, peace officer or by an officer authorized to administer
oaths, before transporting such that
bear except for the purpose of taking it to the nearest officer
authorized to countersign the license tag, on the
route being followed from the point where the bear is taken.
SEC. 101. Section 4902 of the Fish and Game Code is amended to
read:
4902. (a) The commission may adopt all regulations necessary to
provide for biologically sound management of Nelson bighorn sheep
(subspecies Ovis canadensis nelsoni).
(b) (1) After the plans developed by the
department pursuant to Section 4901 for the management units have
been submitted, the commission may authorize sport hunting of mature
Nelson bighorn rams. Prior to Before
authorizing the sport hunting, the commission shall take into account
the Nelson bighorn sheep population statewide, including the
population in the management units designated for hunting.
Notwithstanding
(2) Notwithstanding Section 219,
the commission shall not, however, adopt regulations authorizing the
sport hunting in a single year of more than 15 percent of the mature
Nelson bighorn rams in a single management unit, based on the
department's annual estimate of the population in each management
unit.
(c) The fee for a license tag to take a Nelson
bighorn ram may be determined by the commission, but shall not exceed
five hundred dollars ($500).
(d) The commission shall annually direct the department to
authorize not more than three of the license tags
available for issuance that year to take Nelson bighorn rams for the
purpose of raising funds for programs and projects to benefit bighorn
sheep. These license tags may be sold to
residents or nonresidents of the State of California at auction or by
other method and shall not be subject to the fee limitation
prescribed in subdivision (c). Commencing with tags sold for the 1993
hunting season, if more than one tag is authorized, the department
shall designate a nonprofit organization organized pursuant to the
laws of this state, or the California chapter of a nonprofit
organization organized pursuant to the laws of another state, as the
seller not less than one of these tags. The number of tags authorized
for the purpose of raising funds pursuant to this subdivision, if
more than one, shall not exceed 15 percent of the total number of
tags authorized pursuant to subdivision (b).
(e) No license tag issued pursuant to this
section shall be valid unless and until the licensee has successfully
completed a prehunt hunter familiarization and orientation and has
demonstrated to the department that he or she is familiar with the
requisite equipment for participating in the hunting of bighorn rams,
as determined by the commission. The orientation shall be conducted
by the department at convenient locations and times preceding each
season, as determined by the commission.
SEC. 102. Section 4904 of the Fish and Game Code is amended to
read:
4904. (a) The department shall biennially report the following to
the Legislature:
(1) The management units for which plans have been developed
pursuant to Section 4901.
(2) A summary of the data from the annual count conducted by the
department for the purposes of subdivision (b) of Section 4902.
(3) The number of license tags issued in the
preceding season, and the number of mature Nelson bighorn rams taken
under valid license tags in the preceding season.
(4) Any instance known to the department of the unlawful or
unlicensed taking of a bighorn sheep in this state and the
disposition of any prosecution therefor.
(5) The number of bighorn sheep relocated during the previous
year, the area where reintroduced, a statement on the success of the
reintroduction, and a brief description of any reintroduction planned
for the following year.
(b) The report which is due in 1991 shall be presented to
the Legislature on or before July 1, 1991, and shall
consist of a compilation of the results of the ongoing study
conducted pursuant to this section each year since the enactment of
this chapter and an assessment of the environmental impact of the
hunting of Nelson bighorn sheep on the herds.
SEC. 103. Section 5020 of the Fish and Game Code is repealed.
5020. It is unlawful to take diamond-back terrapin (Malaclemys)
at any time.
SEC. 104. Section 5502 of the Fish and Game Code is repealed.
5502. It is unlawful to take any fish within 250 feet of any
fishway, within 150 feet of the lower side of any dam, or within 150
feet of the upper side of any fish screen.
SEC. 105. Section 5514 of the Fish and Game Code is amended to
read:
5514. In any district or part of a district in Butte
County, it (a) It is
unlawful to kill or retain in possession any king, silver
chinook, coho, or kokanee salmon or any
steelhead which that has not taken the
bait or lure in its mouth , in inland waters .
In this area, any king, silver
(b) Any chinook, coho, or kokanee
salmon or any steelhead hooked other than in its mouth in
inland waters shall be released unharmed.
SEC. 106. Section 5650 of the Fish and Game Code is amended to
read:
5650. (a) Except as provided in subdivision (b), it is unlawful
to deposit in, permit to pass into, or place where it can pass into
the waters of this state or any storm drain any of the
following:
(1) Any petroleum, acid, coal or oil tar, lampblack, aniline,
asphalt, bitumen, or residuary product of petroleum, or carbonaceous
material or substance.
(2) Any refuse, liquid or solid, from any refinery, gas house,
tannery, distillery, chemical works, mill, or factory of any kind.
(3) Any sawdust, shavings, slabs, or edgings.
(4) Any factory refuse, lime, or slag.
(5) Any cocculus indicus.
(6) Any substance or material deleterious to fish, plant life,
mammals, or bird life.
(b) This section does not apply to a discharge or a release that
is expressly authorized pursuant to , and in compliance with, the
terms and conditions of a waste discharge requirement pursuant to
Section 13263 of the Water Code or a waiver issued pursuant to
subdivision (a) of Section 13269 of the Water Code issued by the
State Water Resources Control Board or a regional water quality
control board after a public hearing, or that is expressly authorized
pursuant to, and in compliance with, the terms conditions of a
federal permit for which the State Water Resources Control Board or a
regional water quality control board has, after a public hearing,
issued a water quality certification pursuant to Section 13160 of the
Water Code. This section does not confer additional authority on the
State Water Resources Control Board, a regional water quality
control board, or any other entity.
(c) It shall be an affirmative defense to a violation of this
section if the defendant proves, by a preponderance of the evidence,
all of the following:
(1) The defendant complied with all applicable state and federal
laws and regulations requiring that the discharge or release be
reported to a government agency.
(2) The substance or material did not enter the waters of the
state or a storm drain that discharges into the waters of
the state .
(3) The defendant took reasonable and appropriate measures to
effectively mitigate the discharge or release in a timely manner.
(d) The affirmative defense in subdivision (c) does not apply and
may shall not be raised in an action
for civil penalties or injunctive relief pursuant to Section 5650.1.
(e) The affirmative defense in subdivision (c) does not apply and
may shall not be raised by any
defendant who has on two prior occasions in the preceding five years,
in any combination within the same
county in which the case is prosecuted, either pleaded nolo
contendere, been convicted of a violation of this section, or
suffered a judgment for a violation of this section or Section
5650.1. This subdivision shall apply only to cases filed on or after
January 1, 1997.
(f) The affirmative defense in subdivision (c) does not apply and
may shall not be raised by the
defendant in any case in which a district attorney, city attorney, or
Attorney General alleges, and the court finds, that the defendant
acted willfully.
SEC. 107. Section 5652 of the Fish and Game Code is amended to
read:
5652. (a) It is unlawful to deposit, permit
to pass into, or place where it can pass into the waters of the
state, or to abandon, dispose of, or throw away, within 150 feet of
the high-water high water mark of the
waters of the state, any cans, bottles, garbage, motor vehicle or
parts thereof, rubbish, litter, refuse, waste, debris, or
the viscera or carcass of any dead mammal, or the carcass of any dead
bird.
The
(b) The abandonment of any motor
vehicle in any manner that violates this section shall constitute a
rebuttable presumption affecting the burden of producing evidence
that the last registered owner of record, not having complied with
Section 5900 of the Vehicle Code, is responsible for such
that abandonment and is thereby liable for the
cost of removal and disposition of the vehicle. This section
prohibits the placement of a vehicle body on privately owned property
along a streambank by the property owner or tenant for the purpose
of preventing erosion of the streambank.
This
(c) This section does not apply to
a refuse disposal site which that is
authorized by the appropriate local agency having jurisdiction or to
the depositing of such those materials
in a container from which the materials are routinely removed to a
legal point of disposal.
This
(d) This section shall be
enforced by all law enforcement officers of this state.
SEC. 108. Section 6301 of the Fish and Game Code is amended to
read:
6301. The department is authorized to may
enter at any time any car vehicle,
container , warehouse, depot, ship, or growing area where any
fish, amphibia amphibians , or aquatic
plants are held , transported, or stored, for
the purpose of making an examination a
regulatory inspection to ascertain whether such
those fish, amphibia
amphibians , or aquatic plants are infected, diseased, or
parasitized , or to determine if aquaculture products are being
or have been legally imported, transported, or possessed .
SEC. 109. Section 7145 of the Fish and Game Code is amended to
read:
7145. (a) Except as otherwise provided in this article, every
person 16 years of age or older who takes any fish, reptile, or
amphibia amphibian for any purpose
other than profit shall first obtain a valid license for
that purpose and shall have that license on his or her person or in
his or her immediate possession or where otherwise specifically
required by law or regulation to be kept when engaged in carrying out
any activity authorized by the license. In the case of a person
diving from a boat, the license may be kept in the boat, or in the
case of a person diving from the shore, the license may be kept
within 500 yards on the shore.
(b) (1) This section does not apply to an
owner of privately owned real property, or the owner's
invitee, who , without providing compensation, takes fish
for purposes other than profit from a lake or pond that is wholly
enclosed by that owner's real property and that is located offstream
and not hydrologically connected to any permanent or
intermittent waterway of the state does not at any
time derive water from, or supply water to, any permanent or
intermittent artificial or natural lake, pond, str eam,
wash, canal, river, creek, waterway, aqueduct, or similar water
conveyance system of the state. Access and control of the real
property shall be under the direct authority of the owner and not
that of another person or entity .
This
(2) This subdivision does not,
and shall not be construed to, authorize the introduction, migration,
stocking, or transfer of aquatic species, prohibited species, or any
other nonnative or exotic species into state waters or waterways.
This subdivision does not supersede or otherwise affect any provision
of law that governs aquaculture, including, but not limited to, the
operation of trout farms , the operation of other
enterprises for profit , or any activity that is an adjunct
to or a feature of, or that is operated in conjunction with, any
other enterprise operated for profit a fee
, including , but not limited to, private parks or
private recreation areas.
SEC. 110. Section 7147 of the Fish and Game Code is amended to
read:
7147. The owner or operator of a boat or vessel licensed pursuant
to Section 7920 shall not permit any person to fish from that boat
or vessel unless that person has, in his or her possession, a valid
California sport fishing license and any required license
stamp or validation issued pursuant to this code.
SEC. 111. Section 7149.2 of the Fish and Game Code is amended to
read:
7149.2. (a) In addition to Sections 714, 7149, and 7149.05, the
department shall issue a lifetime sport fishing license under this
section. A lifetime sport fishing license authorizes the taking of
fish, amphibians, or reptiles 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 sport fishing license
is not transferable. A lifetime sport fishing license does not
include any special license tags, license
stamps, or fees.
(b) A lifetime sport fishing 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) Nothing in this section requires a person less than 16 years
of age to obtain a license to take fish, amphibians, or reptiles for
purposes other than profit.
(d) Nothing in this section exempts a license applicant from
meeting other qualifications or requirements otherwise established by
law for the privilege of sport fishing.
(e) Upon payment of a base fee of two hundred forty-five dollars
($245), a person holding a lifetime sport fishing license or lifetime
sportsman's license shall be entitled annually to the privileges
afforded to a person holding a second-rod stamp or validation issued
pursuant to Section 7149.4 or 7149.45, a sport fishing ocean
enhancement stamp or validation issued pursuant to paragraph (1) of
subdivision (a) of Section 6596 or 6596.1, one steelhead trout report
restoration card issued pursuant to Section 7380, a Bay-Delta sport
fishing enhancement stamp or validation issued pursuant to Section
7360 or 7360.1, and one salmon punchcard issued pursuant to
regulations adopted by the commission. Lifetime privileges issued
pursuant to this subdivision are not transferable.
(f) The base fees specified in this section are applicable
commencing January 1, 2004, and shall be adjusted annually thereafter
pursuant to Section 713.
SEC. 112. Section 7149.4 of the Fish and Game Code is amended to
read:
7149.4. (a) It is unlawful for any person to fish with two rods
without first obtaining a second-rod sport fishing stamp, in addition
to a valid California sport fishing license and any applicable stamp
issued pursuant to subdivision (a) of Section 7149, and having that
stamp affixed to his or her valid sport fishing license. Any person
who has a valid second-rod sport fishing stamp affixed to his or her
valid sport fishing license may fish with two rods in inland
lakes and reservoirs waters in any sport
fishery in which the regulations of the commission provide for the
taking of fish by angling , except those waters in
which only artificial lures or barbless hooks may be used .
(b) In the Colorado River District, any person who has a valid
second-rod sport fishing stamp attached to his or her valid sport
fishing license issued pursuant to subdivision (a) of Section 7149
may fish with two rods in any sport fishery in which the regulations
of the commission provide for the taking of fish by angling.
(c)
(b) The department or an authorized license agent shall
issue a second-rod sport fishing stamp upon payment of a base fee of
seven dollars and fifty cents ($7.50) during the 1995 calendar year
and subsequent years, as adjusted under Section 713.
(d)
(c) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 113. Section 7149.45 of the Fish and Game Code is amended to
read:
7149.45. (a) It is unlawful for any person to fish with two rods
without first obtaining a second-rod sport fishing validation, in
addition to a valid California sport fishing license and any
applicable validation issued pursuant to
subdivision (a) of Section 7149.05 , and having that
validation affixed to his or her valid sport fishing license. Any
person who has a valid second-rod sport fishing validation affixed to
his or her valid sport fishing license may fish with two rods in
inland lakes and reservoirs waters in
any sport fishery in which the regulations of the commission provide
for the taking of fish by angling , except those waters in which
only artificial lures or barbless hooks may be used .
(b) In the Colorado River District, any person who has a valid
second-rod sport fishing license validation affixed to his or her
valid sport fishing license issued pursuant to subdivision (a) of
Section 7149.05 may fish with two rods in any sport fishery in which
the regulations of the commission provide for the taking of fish by
angling.
(c)
(b) The department or an authorized license agent shall
issue a second-rod sport fishing validation upon payment of a base
fee of seven dollars and fifty cents ($7.50) during the 1995 calendar
year and subsequent years, as adjusted under Section 713.
(d)
(c) This section applies only to licenses, permits,
reservations, tags, and other entitlements issued through the
Automated License Data System.
SEC. 114. Section 7153 of the Fish and Game Code is amended to
read:
7153. (a) A sport fishing license is not required to take fish by
any legal means, for any purpose other than profit, from a public
pier, as defined by the commission, in the ocean waters of the state
, or while angling at an aquaculture facility site that is
registered pursuant to Section 235 of Title 14 of the California Code
of Regulations .
(b) For purposes of this section, "ocean waters" include, but are
not limited to, the open waters adjacent to the ocean and any island;
the waters of any open or enclosed bay contiguous to the ocean; the
San Francisco and San Pablo Bays, with any tidal bay belonging
thereto; and any slough or estuary, if found between the Golden Gate
Bridge and the Benicia-Martinez Bridge.
SEC. 115. Section 7180 of the Fish and Game Code is amended to
read:
7180. (a) Any person taking fish or amphibia
amphibians for purposes other than profit from or on a
boat or other floating device on the waters of the Colorado River and
on adjacent waters, except canals, drains, or ditches used to
transport water used for irrigation or domestic purposes, shall have
in his or her possession a valid sportfishing license issued by
either the State of Arizona or State of California.
(b) In addition to either of the licenses, a person taking fish or
amphibia amphibians as indicated shall
have in his or her possession a valid Colorado River
special use stamp permanently affixed to his or her valid
sportfishing license . If he or she is a person having in his
or her possession a valid California sportfishing license he or she
shall have an Arizona special use stamp to fish legally the waters
described above. If he or she is a person having in his or her
possession a valid Arizona sportfishing license, he or she shall have
a California special use stamp to fish legally the waters described
above.
(c) A special use stamp, when accompanied by the proper license,
permits fishing in any portion of those waters, and permit fishermen
to enter the waters from any point.
The fee for a Colorado River special use stamp is three dollars
($3).
(d) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 116. Section 7852.27 of the Fish and Game Code is amended to
read:
7852.27. At all times when engaged in any activity described in
Section 7850 or Article 7 (commencing with Section 8030) for which a
commercial fishing license is required, the licensee shall have in
his or her possession, or immediately available to the licensee, a
valid driver's license or identification card issued to him or
her by the Department of Motor Vehicles or by the entity
issuing driver's licenses from the licensee's state of domicile.
A current passport may be used in lieu of a valid driver's license
or identification card by a holder of a valid nonresident commercial
fishing license issued pursuant to subdivision (b) of
Section 7852. The licensee's driver's license, identification card
or, if applicable, passport shall be exhibited upon demand to any
person authorized by the department to enforce this code or
regulations adopted pursuant thereto.
SEC. 117. Section 8022 of the Fish and Game Code is amended to
read:
8022. (a) The receipts, reports, or other records filed with the
department pursuant to Article 2 (commencing with Section 7700) to
Article 7.5 (commencing with Section 8040), inclusive, and the
information contained therein, shall, except as otherwise provided in
this section, be confidential, and the records shall not be public
records. Insofar as possible, the information contained in the
records shall be compiled or published as summaries, so as not to
disclose the individual record or business of any person.
(b) Notwithstanding any other provision of law, the department may
release the confidential information described in subdivision (a) to
any federal agency responsible for fishery management activities,
provided the information is used solely for the purposes of enforcing
fishery management provisions and provided the information will
otherwise remain confidential. The department may also release this
information in accordance with Section 391 or pursuant to a court
order , to a public or private postsecondary institution engaged
in research under the terms of a legally binding confidentiality
agreement, or under other conditions as the commission by regulation
may provide .
(c) All forms, logs, books, covers, documents, electronic data,
software, and other records of any kind issued or otherwise supplied,
directly or indirectly, by the department, the purpose of which is
to provide a means for reports, records, or other information to be
filed with the department pursuant to Article 2 (commencing with
Section 7700) to Article 7.5 (commencing with Section 8040),
inclusive, continue to be the property of the department. Those
forms, logs, books, covers, documents, electronic data, software,
other records, or portions thereof remain the property of the
department whether used, unused, attached, or detached from their
original binding, packaging, or other medium and shall be immediately
surrendered upon demand to a peace officer of the department acting
in his or her official capacity, without being altered in any manner.
SEC. 118. Section 8030 of the Fish and Game Code is amended to
read:
8030. Any person who engages in any business for profit involving
fish shall be licensed pursuant to this article, except as follows:
(a) A commercial fisherman who sells fish only to persons licensed
under this article to purchase or receive fish from commercial
fishermen and who does not engage in any activity described in
Section 8034, 8035, or 8036 unless licensed to engage in both
activities.
(b) A person licensed pursuant to Section 8460 who only takes,
transports, or sells live freshwater fish for bait.
(c) A person who sells fish or aquaculture products only at retail
to the ultimate consumer if that person does not conduct any
activities described in Section 8033, 8035, or 8036.
(d) Pursuant to Division 12 (commencing with Section 15000), a
person who deals only in products of aquaculture.
(e) A person who deals only with nonnative live products that are
not utilized for human consumption but that are utilized solely for
pet industry or hobby purposes and who does not engage in the
activities described in Section 8033.1.
(f) A person who is employed by the fish receiver to unload fish
or fish products from a commercial fishing boat at a dock.
(g) A person who purchases, sells, takes, or receives live marine
fish for use as live bait, which that
are not brought ashore, and who does not engage in any activity
described in Section 8033, 8033.1, 8034, 8035, or 8036.
(h) A person who does not purchase or obtain fish, but who acts as
an agent for others while negotiating purchases, or sales of fish in
return for a fee, commission, or other compensation.
SEC. 119. Section 8250.5 of the Fish and Game Code is amended to
read:
8250.5. (a) Subject to this article and Article 1 (commencing
with Section 9000) of Chapter 4, a lobster trap, as described in
Section 9010, may be used to take lobster for commercial purposes
under a lobster permit issued pursuant to Section 8254.
(b) The following species may be taken incidentally in lobster
traps being fished under the authority of a lobster permit issued
pursuant to Section 8254, and any other species taken incidentally
shall be immediately released back to the water
:
(1) Crab, other than Dungeness crab.
(2) Kellet's whelk.
(3) Octopus.
(c) Spiny lobsters taken in the manner commonly known as
skindiving or by a person using self-contained underwater breathing
apparatus shall not be sold.
SEC. 120. Section 8284 of the Fish and Game Code is amended to
read:
8284. (a) Subject to this article and Article 1 (commencing with
Section 9000) of Chapter 4, crab traps, as described in Section 9011,
may be used to take Dungeness crab for commercial purposes. Any fish
may be taken incidentally in crab traps being used to take Dungeness
crab.
(b) Any other species taken incidentally in a crab trap being used
to take rock crab, except as provided in this
subdivision (c) , shall be immediately released
back to the water . The
(c) The following species may be
taken incidentally in crab traps being used to take rock crab under a
permit issued pursuant to Section 9001 in Districts 19 and 118.5
, and any other species taken incidentally with a crab trap
being used to take rock crab shall be released :
(1) Kellet's whelk.
(2) Octopus.
(3) Crabs, other than the genus Cancer.
SEC. 121. Section 8372 of the Fish and Game Code is amended to
read:
8372. No kelp Kelp bass, sand bass,
or spotted bass, all of the genus Paralabrax, may
shall not be sold or purchased, or possessed in any place
where fish are purchased, possessed for sale, or sold, or where food
is offered or processed for sale, or in any truck ,
vessel, or other conveyance operated by or for a
place so selling or possessing fish; except that those fish may be
imported into this state pursuant to Article 1 (commencing with
Section 2345) of Chapter 4 of Division 3, and may be sold under
such regulations as the commission may adopt. It
is unlawful to take, possess, or sell any fish less than 101/2 inches
in length of the species specified in this section.
SEC. 122. Section 8383 of the Fish and Game Code is amended to
read:
8383. White South of a line extending due
west (true) from Point Conception, white sea bass may
shall not be taken for commercial purposes
between from March 15th and
to June 15th, inclusive , between the
United States-Mexico International Boundary and a line extending due
west (true) from Point Conception . Any fish so taken shall
not be transferred to any other vessel.
The restrictions in this section shall not apply to white sea bass
taken in waters lying south of the International Boundary Line
between the United States and Mexico extended westerly into the
Pacific Ocean. A current fishing permit issued by the Mexican
Government is evidence that white sea bass were taken south of the
international boundary.
SEC. 123. Section 8573 of the Fish and Game Code is amended to
read:
8573. Drift gill nets may be used to take shark and swordfish
under the permit provided in this article and are
, subject to Section 8610.3 and all of the
following restrictions:
(a) From June 1 to November 15, inclusive, shark or swordfish gill
nets shall not be in the water from two hours after sunrise to two
hours before sunset east of a line described as follows:
From a point beginning at Las Pitas Point to San Pedro Point on
Santa Cruz Island, thence to Gull Island Light, thence to the
northeast extremity of San Nicolas Island, thence along the high
water mark on the west side of San Nicolas Island to the southeast
extremity of San Nicolas Island, thence to the northwest extremity of
San Clemente Island, thence along the high water mark on the west
side of San Clemente Island to the southeast extremity of San
Clemente Island, thence along a line running 150* true from the
southeast extremity of San Clemente Island to the westerly extension
of the boundary line between the Republic of Mexico and San Diego
County.
(b) (1) The total maximum length of a shark or swordfish gill net
on the net reel on a vessel, on the deck of the vessel, and in the
water at any time shall not exceed 6,000 feet in float line length.
The float line length shall be determined by measuring the float
line, as tied, of all the net panels, excluding the bridle,
towline, or stotza and excluding the parachute or other drogue device
combined with any other netted lines. The existence
of holes, tears, or gaps in the net shall have no bearing on the
measurement of the float line. The float line of any net panels with
holes, tears, or gaps shall be included in the total float line
measurement .
(2) Any shark or swordfish gill net on the reel shall have the
float lines of the adjacent panels tied together, the lead lines of
the adjacent panels tied together, and the web of the adjacent panels
laced together. No quick disconnect device may be used unless the
total maximum length of all shark and swordfish gill nets, including
all spare gill nets or net panels on the vessel and all gill nets or
net panels on the net reels on the vessel, on the deck of the vessel,
stored aboard the vessel, and in the water, does not exceed 6,000
feet in float line length as determined under paragraph (1).
(3) Spare shark or swordfish gill net aboard the vessel shall not
exceed 250 fathoms (1,500 feet) in total length, and the spare net
shall be in separated panels of not to exceed 100 fathoms (600 feet)
in float line length for each panel, with the float lines and
leadlines attached to each panel separately gathered and tied, and
the spare net panels stowed in lockers, wells, or other storage
space.
(4) If a torn panel is replaced in a working shark or swordfish
gill net, the torn panel shall be removed from the working net before
the replacement panel is attached to the working net.
(c) Any end of a shark or swordfish gill net not attached to the
permittee's vessel shall be marked by a pole with a radar reflector.
The reflector shall be at least six feet above the surface of the
ocean and not less than 10 inches in any dimension except thickness.
The permittee's permit number shall be permanently affixed to at
least one buoy or float which that is
attached to the radar reflector staff. The permit number shall be at
least one and one-half inches in height and all markings shall be at
least one-quarter inch in width.
(d) For the purposes of this article, "shark or swordfish gill net"
means a drift gill net of 14-inch or greater mesh size.
SEC. 124. Section 8576 of the Fish and Game Code is amended to
read:
8576. (a) Drift gill nets shall not be used to take shark or
swordfish from February 1 to April 30, inclusive.
(b) Drift gill nets shall not be used to take shark or swordfish
in ocean waters within 75 nautical miles from the mainland coastline
between the westerly extension of the California-Oregon boundary line
and the westerly extension of the United States-Republic of Mexico
boundary line from May 1 to August 14, inclusive.
(c) Subdivisions (a) and (b) apply to any drift gill net used
pursuant to a permit issued under Section 8561 or 8681, except that
drift gill nets with a mesh size smaller than eight inches in
stretched mesh and twine size number 18, or the equivalent of this
twine size, or smaller, used pursuant to a permit issued under
Section 8681, may be used to take species of sharks other than
thresher shark, shortfin mako shark, and white shark during the
periods specified in subdivisions (a) and (b). However, during the
periods of time specified in subdivisions (a) and (b), not more
than two thresher sharks and
two shortfin mako sharks may be possessed and sold if taken
incidentally in drift gill nets while fishing for barracuda or white
seabass and if at least 10 barracuda or five white seabass are
possessed and landed at the same time as the incidentally taken
thresher or shortfin mako shark. No thresher shark or shortfin mako
shark taken pursuant to this subdivision shall be transferred to
another vessel prior to before landing
the fish. Any vessel possessing thresher or shortfin mako sharks
pursuant to this section shall not have any gill or trammel net
aboard that is constructed with a mesh size greater than eight inches
in stretched mesh and twine size greater than number 18, or the
equivalent of a twine size greater than number 18.
(d) Notwithstanding the closure from May 1 to August 14,
inclusive, provided by subdivision (b), a permittee may land
swordfish or thresher shark taken in ocean waters more than 75
nautical miles from the mainland coastline in that period if, for
each landing during that closed period, the permittee signs a written
declaration under penalty of perjury that the fish landed were taken
more than 75 nautical miles from the mainland coastline. The
declaration shall be completed and signed before arrival at any port
in this state. Within 72 hours of the time of arrival, the permittee
shall deliver the declaration to the department.
(e) If any person is convicted of falsely swearing a declaration
under subdivision (d), in addition to any other penalty prescribed by
law, the following penalties shall be imposed:
(1) The fish landed shall be forfeited, or, if sold, the proceeds
from the sale shall be forfeited, pursuant to Sections 12159, 12160,
12161, and 12162.
(2) All shark or swordfish gill nets possessed by the permittee
shall be seized and forfeited pursuant to Section 8630 or 12157.
(f) From August 15 of the year of issue to January 31, inclusive,
of the following year, swordfish may be taken under a permit issued
pursuant to this article.
SEC. 125. Section 8597 of the Fish and Game Code is amended to
read:
8597. (a) It is unlawful for any person to take, possess aboard a
boat, or land for marine aquaria pet trade purposes any live
organisms identified in subdivision (b), unless that person has a
valid marine aquaria collector's permit that has not been suspended
or revoked. At least one person aboard the boat shall have a valid
marine aquaria collector permit.
(b) Except as provided in Section 8598.2, and unless otherwise
prohibited in this code, or regulations made pursuant thereto,
specimens of the following groups or species may be taken, possessed
aboard a boat, or landed under a marine aquaria collector's permit:
(1) Marine plants:
(A) Chlorophyta.
(B) Phaeophyta.
(C) Rhodophyta.
(D) Spermatophyta, all species.
(2) Invertebrates:
(A) Polychaeta--worms; all species.
(B) Crustacea--shrimp, crabs; all species, except the following:
(i) Dungeness crab--Cancer magister.
(ii) Yellow crab--Cancer anthonyi.
(iii) Red crab--Cancer productus.
(iv) Sheep crab--Loxorhynchus grandis.
(v) Spot prawn--Pandalus platyceros.
(vi) Ridgeback prawn--Sicyonia ingentis.
(vii) Golden prawn--Penaeus californiensis.
(viii) Sand crab--Emerita analoga.
(ix) Redrock shrimp--Lysmata californica.
(x) Bay shrimp--Crangon sp. and Palaemon macrodactylus.
(xi) Ghost shrimp--Callianassa sp.
(C) Asteroidea--Sea stars; all species.
(D) Ophiuroidea--Brittle stars; all species.
(E) Gastropoda--snails, limpets, sea slugs; all species, except
Kellet's whelk--Kelletia kelleti.
(F) Bivalvia--clams and mussels; all species.
(G) Polyplacophora--Chitons; all species.
(H) Cephalopoda--Octopuses and squids; all species, except two
spot octopuses--Octopus bimaculatus and Octopus maculoides--and
market squid--Loligo opalescens.
(I) Tunicata--Sea squirts; all species.
(3) Vertebrates:
(A) Osteichthyes--Finfishes; all species, except the following:
(i) Rockfish--Sebastes sp. larger than six inches total length.
(ii) Sheephead--Semicossyphus pulcher larger than six inches total
length.
(iii) Anchovy--Engraulis mordax.
(iv) Sardine--Sardinops sagax.
(v) Pacific/chub mackerel--Scomber japonicus.
(vi) Jack mackerel--Trachurus symmetricus.
(vii) Queenfish--Seriphus politus.
(viii) White Croaker--Genyonemus lineatus.
(ix) Top smelt--Atherinops affinis.
(x) Grunion--Leuresthes tenuis.
(xi) Shiner surf perch--Cymatogaster aggregata.
(xii) Longjawed mudsucker--Gillichthys mirabilis.
(B) Chondrichthyes--sharks, rays, and skates; all species less
than 18 inches total length , except that leopard shark (Triakis
semifasciata) shall be 36 inches or larger in total length .
(c) The holder of a permit issued pursuant to this section is not
required to obtain or possess a kelp harvester's license issued
pursuant to Section 6651, a tidal invertebrate permit issued pursuant
to Section 8500, or a general trap permit issued pursuant to Article
1 (commencing with Section 9000) of Chapter 4, when taking,
possessing, or landing live organisms for marine aquaria pet trade
purposes pursuant to subdivision (b), subject to regulations
governing the taking of tidal invertebrates. The commission shall
adopt regulations to implement this subdivision, and, for that
purpose, may incorporate other regulations by reference.
SEC. 126. Section 8598 of the Fish and Game Code is amended to
read:
8598. (a) Notwithstanding Section 8140 or subdivision (b) of
Section 8597, specimens of the following groups or species shall not
be taken, possessed aboard a boat, or landed for commercial purposes
. Taking, possessing or landing of any of the following species
in a commercial operation is prima facie evidence that it was taken,
possessed, or landed for commercial purposes :
(1) Invertebrates:
(A) Phylum Porifera--all sponges.
(B) Genus Pelagia sp.--jellyfish.
(C) Coelenterata--corals, anemones; all species.
(D) Order Gorgonacea--all gorgonians.
(E) Order Pennatulacea--all species, except Renilla kollikeri.
(F) Feather-duster worm--Eudistylia polymorpha.
(G) Fiddler crab--Uca crenulata.
(H) Umbrella crab--Cryptolithodes sitchensis.
(I) Stalked or goose barnacles--Pollicipes sp.
(J) Giant acorn barnacle--Balanus nubilus or B. aguila.
(K) Owl limpet--Lottia gigantea.
(L) Coffee bean shells--Trivia sp.
(M) Three-winged murex--Pteropurpura trialata.
(N) Vidler's simnia--Simnia vidleri.
(O) Queen tegula--Tegula regina.
(P) Opisthobranchia (including nudibranchs)--all subclass
Opisthobranchia species except:
(i) Sea hares--Aplysia californica and Aplysia vaccaria.
(ii) Hermissenda crassicornis.
(iii) Lion's mouth--Melibe leonina.
(iv) Aeolidia papillosa.
(v) Spanish shawl--Flabellina iodinea.
(2) Vertebrates:
(A) All shark and ray eggcases.
(B) Brown smoothhound sharks--Mustelus hinlei--that are less than
18 inches in a whole condition or dressed with head and tail removed.
(C) Family Agonidae--all poachers.
(D) Wolf-eel--Anarrhichthys ocellatus.
(E) Juvenile sheephead--Semicossyphus pulcher (under 6 inches).
(F) Garibaldi--Hypsypops rubicundus.
(3) Live rocks.
(A) Rocks with living organisms attached, commonly called "live
rocks," shall not be taken or possessed except as provided in
subparagraph (C).
(B) Rocks shall not be broken to take marine aquaria species, and
any rock displaced to access any of those species shall be returned
to its original position.
(C) Rocks cultured under the authority of an aquaculture
registration may be possessed.
(b) No organisms may be taken, possessed, or landed for marine
aquaria pet trade purposes under the terms of a marine aquaria
collector's permit in any of the following areas:
(1) On the north side of Santa Catalina Island from a line
extending three nautical miles 90 degrees true from Church Rock to a
line extending three nautical miles 270 degrees true from the extreme
west end of the island.
(2) On the south or "back" side of Santa Catalina Island from a
line extending three nautical miles 90 degrees true from Church Rock
to a line extending three nautical miles 270 degrees true from the
extreme west end of the island.
(3) Marine life refuges, marine reserves, ecological reserves, and
state reserves.
SEC. 127. Section 8632 of the Fish and Game Code is amended to
read:
8632. Within three days after the department has been notified in
writing that a vessel carrying a seized net has arrived in port, the
department shall may remove the net
from the vessel, unless the owner has furnished a bond in accordance
with Section 8633. The notice shall be sufficient when delivered to
the patrol office of the department nearest to the
port at which the vessel has arrived.
SEC. 128. Section 8681 of the Fish and Game Code is amended to
read:
8681. (a) Gill nets or trammel nets shall not be used for
commercial purposes except under a revocable, nontransferable permit
issued by the department. Each permittee shall keep an accurate
record of his or her fishing operations in a logbook furnished by the
department. A permit may be revoked and canceled by the
commission when so recommended by the department upon a conviction
for a violation of this article, or regulation authorized by this
article, by the permittee, his or her agents, servants, or employees,
or those acting under his or her direction and control.
The commission may suspend, revoke, or cancel a permit, license,
and commercial fishing privileges pursuant to Section
7857. A permit may be revoked and canceled for a period not to
exceed one year from the date of revocation.
(b) In accordance with Section 4 of Article X B of the California
Constitution, this section contains the provisions in effect on
January 1, 1989.
SEC. 129. Section 10500 of the Fish and Game Code is amended to
read:
10500. Except under a permit or specific authorization, it is
unlawful to do any of the following :
(a) To take or possess any bird or mammal, or part thereof, in any
game refuge.
(b) To use or have in possession in a game refuge, any firearm,
air rifle, crossbow, bow and arrow, or any trap or other
contrivance designed to be, or capable of being, used to take birds
or mammals, or to discharge any firearm or air rifle or to
release any arrow or crossbow bolt into any game refuge.
(c) To take or possess any species of fish or amphibia
amphibian , or part thereof, in any fish refuge,
or to use or have in possession in such that
refuge any contrivance designed to be used for catching fish.
(d) To take or possess any bird in, or to discharge any firearm
or air rifle, or to release any arrow or crossbow
bolt within or into, any fowl waterfowl
refuge.
(e) To take or possess any quail in a quail refuge.
(f) To take or possess any invertebrate or specimen of marine
plant life in a marine life refuge.
(g) To take or possess any clam in a clam refuge or to possess in
such a refuge any instrument or apparatus capable of being used to
dig clams.
SEC. 130. Section 10506 of the Fish and Game Code is amended to
read:
10506. Nothing in this code prohibits the possession of firearms
, air rifles, crossbows and bolts, or bows and arrows by
persons when traveling through any game refuges when the firearms are
taken apart or encased and unloaded and the bows are unstrung
or stored separately from any arrow or bolt . When the
traveling is done on a route other than a public highway or other
public thoroughfare or right of way, notice shall be given to the
department at least twenty-four (24) 24
hours before such that traveling. The
notice shall give the name and address of the person intending to
travel through the refuge, the name of the refuge, the approximate
route, and the approximate time when such
that person intends to travel through the refuge.
SEC. 131. Section 11032 of the Fish and Game Code is amended to
read:
11032. The following constitutes Fish and Game District 21:
The waters and tidelands to high-water
high water mark of San Diego Bay lying inside of a straight
line drawn from the southernly extremity of Point Loma to
the offshore end of the San Diego breakwater.
SEC. 132. Section 12000 of the Fish and Game Code is amended to
read:
12000. (a) Except as expressly provided otherwise in this code,
any violation of this code, or of any rule, regulation, or order made
or adopted under this code, is a misdemeanor.
(b) Notwithstanding subdivision (a), any person who violates any
of the following statutes or regulations , as those statutes
or regulations read on January 1, 2003, is guilty of an
infraction punishable by a fine of not less than one hundred dollars
($100) or more than one thousand dollars ($1,000), or of a
misdemeanor:
(1) Subdivision (a) of Section 6596.
(2) Section 7149.8.
(3) Section 7360.
(4) Section Sections 1.14, 1.17, 1.18,
1.62, 1.63, and 1.74 of Title 14 of the California Code of
Regulations.
(5) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
of Title 14 of the California Code of Regulations.
(6) Sections 27.56 , 27.65, and 27.70 to
30.10, inclusive, of Title 14 of the California Code of
Regulations.
(7) Sections 27.85 to 30.10, inclusive, of Title 14 of the
California Code of Regulations.
(8)
(7) Sections 40 to 43, inclusive, of Title 14 of the
California Code of Regulations.
(8) Sections 307, 308, and 311 to 313, inclusive, of Title 14 of
the California Code of Regulations.
(9) Sections 505, 507 to 510, inclusive, and 550 to
553, inclusive, of Title 14 of the California Code of Regulations.
(10) Sections 630 to 630.5, inclusive, of Title 14 of the
California Code of Regulations.
SEC. 133. Section 12001.5 of the Fish and Game Code is amended to
read:
12001.5. (a) In addition to any other penalty or fine imposed
pursuant to this code, if a person has been convicted of one or more
offenses that was a violation of a section listed in subdivision (b)
separate from the offense before the court, the court may order as a
condition of probation upon conviction of the offense before the
court that is also a violation of a section listed in subdivision
(b), that the person attend the hunter safety
education course designated in Section 3051 and perform
community service, preferably relating to natural resources if that
type of community service is available, as follows:
(1) If the person has one separate conviction, not more than 200
hours of community service.
(2) If the person has two or more separate convictions, not more
than 300 hours of community service.
(b) This section applies to violations relating to a taking in
Sections 3007, 3700, 4330, and 4750, and a sale or purchase of parts
of a bear in Section 4758.
SEC. 134. Section 12002 of the Fish and Game Code is amended to
read:
12002. (a) Unless otherwise provided, the punishment for a
violation of this code that is a misdemeanor is a fine of not more
than one thousand dollars ($1,000), imprisonment in the county jail
for not more than six months, or both the fine and imprisonment.
(b) The punishment for a violation of any of the following
provisions is a fine of not more than two thousand dollars ($2,000),
imprisonment in the county jail for not more than one year, or both
the fine and imprisonment:
(1) Section 1059.
(2) Subdivision (d) of Section 4004.
(3) Section 4600.
(4) Paragraph (1) or (2) of subdivision (a) of Section 5650.
(5) A first violation of Section 8670.
(6) Section 10500.
(7) Section 3005.9.
(8) A violation of
commission regulations that is discovered pursuant to Section 3005.91
or 3005.92.
(9)
(7) Unless a greater punishment is otherwise provided,
a violation subject to subdivision (a) of Section 12003.1.
(c) Except as specified in Sections 12001 and 12010, the
punishment for violation of Section 3503, 3503.5, 3513, or 3800 is a
fine of not more than five thousand dollars ($5,000), imprisonment in
the county jail for not more than six months, or both that fine and
that imprisonment.
(d) (1) A license or , tag, stamp,
reservation, permit , or other entitlement or
privilege issued pursuant to this code to a defendant who fails
to appear at a court hearing for a violation of this code, or who
fails to pay a fine imposed pursuant to this code, shall be
immediately suspended or revoked . The license or
, tag, stamp, reservation, permit , or
other entitlement or privilege shall not be reinstated or
renewed, and no other license or , tag,
stamp, reservation, permit , or other entitlement or
privilege shall be issued to that person pursuant to this code,
until the court proceeding is completed or the fine is paid.
(2) This subdivision does not apply to any violation of Section
1052, 1059, 1170 , 3005.9, 3005.91, 3005.92 ,
5650, 5653.9, 6454, 6650, or 6653.5.
SEC. 135. Section 12002.1 of the Fish and Game Code is amended to
read:
12002.1. (a) Notwithstanding Section 12002, the punishment for
taking a mammal or bird for which a hunting license issued pursuant
to Section 3031 is required or a license tag,
seal, or stamp is required, including a deer tag issued pursuant to
Section 3407, without having in one's possession the required, valid
license, or without having in one's possession any required
license tag, seal, or stamp, or when the taking of that
mammal or bird is prohibited by allowable season, limit, time, or
area, is punishable by a fine of not less than two hundred fifty
dollars ($250) or more than two thousand dollars ($2,000), or
imprisonment in the county jail for not more than one year, or both
that fine and imprisonment, or by any greater punishment prescribed
by this code.
(b) If a person is convicted of an offense described in
subdivision (a) and produces in court a license, license
tag, or stamp, issued to the person and valid at the time
of the person's arrest and if the taking was otherwise lawful with
respect to season, limit, time, and area, the court may reduce the
fine imposed for the violation to fifty dollars ($50).
SEC. 136. Section 12002.11 is added to the Fish and Game Code, to
read:
12002.11. Upon the second conviction of any person of a violation
of Section 3087 or any regulation adopted pursuant thereto, in any
five-year period, and upon any conviction subsequent to the two
convictions during a five-year period, it shall be unlawful for that
person to conduct any of the activities described in paragraph (1) of
subdivision (a) of Section 3087 for three years from the date of the
last conviction.
SEC. 137. Section 12002.2.1 is added to the Fish and Game Code, to
read:
12002.2.1. (a) Notwithstanding any other provision of law, a
violation of any of the following is an infraction, punishable by a
fine of not less than fifty dollars ($50) or more than two hundred
fifty dollars ($250) for a first offense:
(1) Subdivision (a) of Section 6596.
(2) Subdivision (a) of Section 6596.1.
(3) Subdivision (a) of Section 7149.4.
(4) Subdivision (a) of Section 7149.45.
(5) Subdivision (b) of Section 7180.
(6) Subdivision (b) of Section 7180.1.
(7) Subdivision (a) of Section 7360.
(8) Section 1.18 of Title 14 of the California Code of
Regulations.
(b) If a person is convicted of a violation of any of the sections
listed in subdivision (a) within five years of a separate offense
resulting in a conviction of a violation of any of those sections,
that person shall be punished by a fine of not less than one hundred
dollars ($100) or more than five hundred dollars ($500).
(c) If a person convicted of a violation of any of the sections
listed in subdivision (a) produces in court the applicable sport
fishing ocean enhancement stamp, sport fishing ocean enhancement
validation, second rod sport fishing stamp, second rod sport fishing
validation, Colorado River special use stamp, Colorado River special
use validation, Bay-Delta Sport Fishing Enhancement Stamp or
Bay-Delta Sport Fishing Enhancement validation issued pursuant to
this code and valid at the time of the person's arrest, and if the
taking was otherwise lawful with respect to season, limit, time, and
area, the court may reduce the fine imposed for the violation to
twenty-five dollars ($25).
SEC. 138. Section 12013 of the Fish and Game Code is amended to
read:
12013. (a) In addition to any other penalty prescribed by law,
any person convicted of a violation punishable under subdivision (a)
of Section 12012 relating to wildlife, except fish, is prohibited
from thereafter taking wildlife, except fish, in this state for a
period of not less than one year from the date of conviction. In
determining the length of the prohibition imposed pursuant to this
subdivision, the court shall take into consideration the gravity of
the offense for which the person was convicted, including, but not
limited to, whether the species was illegally taken for commercial
purposes, the magnitude of the offense, damage to the species as a
resource in the geographic area where taken, previous convictions for
violations of this code, and the motivation of the person convicted.
Any license, permit, license tag,
license stamp, or other entitlement to take or possess
wildlife, except fish, for any purpose other than for commercial
purposes that has previously been issued to that person shall be
immediately revoked by the court and that person, during the period
of the prohibition, shall not apply for a license, permit,
license tag, license stamp, or other
entitlement to take or possess wildlife, except fish, for any purpose
other than for commercial purposes.
(b) In addition to any other penalty prescribed by law, any person
convicted of a violation punishable under subdivision (a) of Section
12012 relating to fish is prohibited from thereafter taking or
possessing fish in this state for a period of not less than one year
from the date of conviction. In determining the length of the
prohibition imposed pursuant to this subdivision, the court shall
take into consideration the gravity of the offense for which the
person was convicted, including, but not limited to, such factors as
whether the species was illegally taken for commercial purposes, the
magnitude of the offense, damage to the species as a resource in the
geographic area where taken, previous convictions for violations of
this code, and the motivation of the person convicted. Any license,
permit, license tag, license
stamp, or other entitlement to take or possess fish for any purpose
other than for commercial purposes that has previously been issued to
that person shall be immediately revoked and that person, during the
period of the prohibition, shall not apply for a license, permit,
license tag, license stamp, or
other entitlement to take or possess fish for any purpose other than
for commercial purposes.
(c) As used in this section, "commercial purposes" means for
profit or personal gain, "fish" means fish as defined by Section 45,
and "wildlife" means wildlife as defined by Section 711.2.
(d) This section does not apply to any person who is licensed to
take any fish or wildlife for commercial purposes and does not
supersede or otherwise affect any other provision of this code or
regulations adopted pursuant to this code relating to issuing,
suspending, or revoking licenses or other entitlements to take,
possess, buy, or sell wildlife or fish for commercial purposes.
SEC. 139. Section 12157.5 of the Fish and Game Code is repealed.
12157.5. The judge before whom any person is tried and convicted
of violating Sections 2004 and 2016 and, at the same proceeding, is
also tried and convicted of violating Section 2001 or 2005 may, in
his discretion, order the forfeiture of any motor vehicle or
snowmobile used in committing one or more of the offenses charged.
Any vehicle so forfeited shall be sold or destroyed by the
department. The proceeds from all such sales shall be paid into the
Fish and Game Preservation Fund, except that any valid liens on the
forfeited property shall first be paid from proceeds of the sale
unless the lienholder is a conspirator. For purposes of this section,
forfeiture of bail or a plea of nolo contendere shall constitute a
conviction.
SEC. 140. Section 12157.5 is added to the Fish and Game Code, to
read:
12157.5. (a) The judge or commissioner before whom any person is
either convicted, forfeits bail, pleads guilty or pleads nolo
contendere to violations listed in subdivision (b) may, in his or her
discretion, order the forfeiture of any boat, canoe, raft, or other
watercraft, aircraft, snowmobile, motorized vehicle, or any other
type of motorized conveyance used in committing one or more of the
offenses charged.
(b) Section 1602, 2080, 2118, 2124, 2346, 2350, 3003.5, 3005,
3039, 3501, 3503.5, 3504, 3511, 4004, 4005, 4030, 4301, 4600, 4700,
4758, or 5000. This subdivision also includes violations of Section
2005, if the violation involves the taking of big game, mountain
lion, fully protected species, or threatened or endangered species.
SEC. 141. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.