California Legislature—2015–16 Regular Session

Assembly Bill No. 1527

Introduced by Committee on Water, Parks, and Wildlife (Assembly Members Levine (Chair), Bigelow (Vice Chair), Dahle, Dodd, Beth Gaines, Cristina Garcia, Gomez, Harper, Lopez, Mathis, Medina, Rendon, Ridley-Thomas, and Williams)

March 18, 2015

An act to amend Sections of 7, 22, 27, 29, 45, 54, 57, 210, 240, 300, 301, 307, 312, 326, 330, 393, 400, 401, 706, 711.2, 716.3, 853, 854, 857, 1000, 1003, 1014, 1053.5, 1055.3, 1058, 1061, 1227, 1348.3, 1505, 1930, 1932, 1940, 2000, 2001, 2002, 2003, 2005, 2010, 2013, 2015, 2016, 2069, 2119, 2348, 2350, 2363, 2400, 2701, 2729, 2805, 3003, 3004, 3006, 3007, 3033, 3039, 3051, 3052, 3080, 3240.5, 3243.5, 3504, 3511, 4150, 4155, 4700, 4800, 4810, 5000, 5002, 5050, 5515, 6440, 6901, 7183, 7183.1, 7370, 7704, 7856, 7880, 8079.1, 8182, 8281, 8371, 8393, 8563, 10500, 10502, 10503, 10507, 10510, 10513, 10514, 10653, 11020, 11032, 12002.9, 12012, 12013.3, 12151.5, 12155, 12162, 12163, 12164, 12300, 13200, 13220, 14102, 16500, 16520 of, to amend the heading of Division 2 (commencing with Section 700) of, and to add Sections 80 and 89.5 to, the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL’S DIGEST

AB 1527, as introduced, Committee on Water, Parks, and Wildlife. Fish and wildlife.

(1) Existing law includes the Fish and Game Code and provides definitions that govern the construction of the code and all regulations adopted under the code unless the provision or the context otherwise requires. Existing law requires the code to be administered and enforced through regulations adopted by the Department of Fish and Wildlife, except as otherwise specifically provided by the code, or where the code requires the Fish and Game Commission to adopt regulations.

This bill would make various nonsubstantive, minor substantive, and organizational changes to the code. The bill would provide that, unless the provision or context otherwise requires, a provision of the code that applies to a whole animal also applies to a part of the animal.

(2) Under existing law, certain provisions of the code apply to fish, birds, mammals, and either reptiles or amphibians. These provisions include various requirements and prohibitions relative to the take and possession of those animals. A violation of the code, or of any rule, regulation, or order made or adopted under the code, is a crime.

This bill would apply those provisions to both reptiles and amphibians. By applying certain provisions relative to the take and possession of certain animals to include both reptiles and amphibians, the violation of which would be a crime, this bill would impose a state-mandated local program.

(3) 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 7 of the Fish and Game Code is amended
to read:

7.  

Whenever begin delete any end delete begin insert a end insert statement or report is required to be made,
it shall be made in the English language. begin insert Nothing in this section
shall prohibit the department from providing an unofficial
translation of a statement or report in a language other than
English. end insert

SEC. 2.  

Section 22 of the Fish and Game Code is amended to
read:

22.  

“Bird” means begin delete any end delete begin insert a end insert wild bird or begin delete any end delete part begin delete thereof. end delete begin insert of a wild
bird. end insert

SEC. 3.  

Section 27 of the Fish and Game Code is amended to
read:

27.  

“Chumming” means the placing in the water of fish, begin delete parts
of fish, end delete or other material upon which fish feed, for the purpose of
attracting fish to a particular area in order that they may be taken.

SEC. 4.  

Section 29 of the Fish and Game Code is amended to
read:

29.  

“Closed season” means that period of time during which
the taking of birds, mammals, fish, begin delete or amphibia end delete begin insert amphibians, or
reptiles end insert is prohibited.

SEC. 5.  

Section 45 of the Fish and Game Code is amended to
read:

45.  

“Fish” means begin insert a end insert wild fish, begin delete mollusks, crustaceans,
invertebrates, or amphibians, including any end delete begin insert mollusk, crustacean,
invertebrate, amphibian, or end insert part, spawn, or begin delete ova thereof. end delete begin insert ovum of
any of those animals. end insert

SEC. 6.  

Section 54 of the Fish and Game Code is amended to
read:

54.  

“Mammal” means begin delete any end delete begin insert a end insert wild or feral mammal or begin delete any end delete part
begin delete thereof, end delete begin insert of a wild or feral animal, end insert but not begin delete any end delete begin insert a end insert wild, feral, or
undomesticated burro.

SEC. 7.  

Section 57 of the Fish and Game Code is amended to
read:

57.  

“Nonresident” means begin delete any end delete begin insert a end insert person who begin delete has not resided
continuously in the State of California for six months immediately
prior to the date of his application for a license or permit. end delete begin insert is not a
resident as defined in Section 70. end insert

SEC. 8.  

Section 80 is added to the Fish and Game Code, to
read:

80.  

Unless the provision or context otherwise requires, a
provision of this code that applies to a whole animal also applies
to a part of the animal.

SEC. 9.  

Section 89.5 is added to the Fish and Game Code, to
read:

89.5.  

“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.

SEC. 10.  

Section 210 of the Fish and Game Code is amended
to read:

210.  

(a) The commission shall provide copies of the regulations
added, amended, or repealed pursuant to begin delete subdivision (e) of Section
206, end delete subdivision (e) of Section begin delete 207, and subdivision (d) of Section
208 end delete begin insert 207 end insert to each county clerk, each district attorney, and each judge
of the superior court in the state.

(b) The commission and the department may do anything that
is deemed necessary and proper to publicize and distribute
regulations so that persons likely to be affected will be informed
of them. The failure of the commission to provide any notice of
its regulations, other than by filing them in accordance with Section
215, shall not impair the validity of the regulations.

(c) The department or the license agent may give a copy of the
current applicable published regulations to each person issued a
license at the time the license is issued.

(d) Notwithstanding any other provision of law, the commission
and the department may contract with private entities to print
regulations and other regulatory and public information. Printing
contracts authorized by this subdivision and for which no state
funds are expended are not subject to Chapter 2 (commencing with
Section 10290) of Part 2 of Division 2 of the Public Contract Code,
except for Article 2 (commencing with Section 10295) of Chapter
2.

SEC. 11.  

Section 240 of the Fish and Game Code is amended
to read:

240.  

(a) Notwithstanding any other begin delete provisions end delete begin insert provision end insert of
this code, the commission, when promulgating begin delete regulations end delete begin insert a
regulation end insert pursuant to any authority otherwise vested in it by this
code, may, after at least one hearing, adopt an emergency regulation
or order of repeal pursuant to Section 11346.1 of the Government
Code if it makes either of the following findings:

(1) That the adoption of a regulation or order of repeal of a
regulation is necessary for the immediate conservation,
preservation, or protection of birds, mammals, reptiles, begin insert amphibians, end insert
or fish, begin delete including, but not limited to, any nests or eggs thereof. end delete begin insert or
their nests or eggs. end insert

(2) That the adoption of a regulation or order of repeal of a
regulation is necessary for the immediate preservation of the public
peace, health and safety, or general welfare.

(b) Except as provided herein, begin delete any end delete begin insert a end insert regulation or order of repeal
adopted pursuant to the provisions of this section shall be otherwise
subject to review by the Office of Administrative Law conducted
pursuant to Article 6 (commencing with Section 11349) of Chapter
3.5 of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 12.  

Section 300 of the Fish and Game Code is amended
to read:

300.  

begin delete Any end delete begin insert A end insert regulation begin delete issued under any subsequent provisions
of end delete begin insert adopted pursuant to end insert this code shall be filed with the Secretary
of State, as required by Chapter begin delete 4 end delete begin insert 3.5 end insert (commencing with Section
begin delete 11370), end delete begin insert 11340) of end insert Part begin delete 1, end delete begin insert 1 of end insert Division begin delete 3, end delete begin insert 3 of end insert Title begin delete 2, end delete begin insert 2 end insert of the
Government Code.

SEC. 13.  

Section 301 of the Fish and Game Code is amended
to read:

301.  

The commission may begin delete make such end delete begin insert adopt end insert regulations begin delete as end delete begin insert that end insert
it deems necessary for the disposition of birds or mammals begin delete and
parts thereof which end delete begin insert that end insert are killed accidentally.

SEC. 14.  

Section 307 of the Fish and Game Code is amended
to read:

307.  

begin insert (a) end insert begin insert   end insert Whenever after due investigation the commission
begin delete shall find end delete begin insert finds end insert that game fish, resident or migratory birds, game
or fur-bearing mammals, begin delete or amphibia end delete begin insert amphibians, or reptiles end insert have
decreased in numbers in begin delete any areas, districts, or portions thereof end delete
begin insert an area, district, or portion of an area or district end insert to begin delete such an end delete begin insert the end insert
extent that a scarcity exists, the commission may reduce the daily
bag limit and the possession limit on begin delete such end delete begin insert those end insert game fish, birds,
mammals, begin delete or amphibia as end delete begin insert amphibians, or reptiles that end insert are in danger
of depletion, for begin delete such end delete begin insert a end insert period of time begin delete as may be specified end delete begin insert that the
commission may specify, end insert or until begin delete such time as end delete new legislation
begin delete thereon enacted by the Legislature may become end delete begin insert addressing the
scarcity becomes end insert effective.

begin delete

Any

end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert regulation begin delete issued under the provisions of end delete begin insert adopted pursuant
to end insert this section shall be filed with the Secretary of State, and begin delete such end delete
begin insert that end insert filing shall be deemed a legal notice thereof.

begin delete

Such

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert regulation shall be published twice in at least one
newspaper of general circulation in begin delete any end delete begin insert every end insert county affected by
begin delete such end delete begin insert the end insert order. The publications shall be separated by a period of
not less than one week and not more than two weeks. begin delete Such end delete begin insert The end insert
regulation shall be posted in such public places in each county as
the director may direct.

SEC. 15.  

Section 312 of the Fish and Game Code is amended
to read:

312.  

begin insert (a) end insert begin insert   end insert The commission may issue a permit authorizing any
member of the armed forces of the United States or any student
or faculty member of an elementary or secondary school in the
public school system actually assigned to, and participating in, an
organized survival training course to take fish, begin delete amphibia, end delete
begin insert amphibians, reptiles, end insert birds, or mammals, except rare or endangered
species, notwithstanding any other law or regulation, pursuant to
the terms and conditions of begin delete such end delete begin insert that end insert permit. A permit involving
training by the armed forces of the United States shall be issued
to the commanding officer of the unit having jurisdiction over the
conduct of the survival training course. A permit involving training
by an elementary or secondary school in the public school system
shall be issued to the governing board or superintendent of the
district having jurisdiction over begin delete such end delete begin insert that end insert school and the conduct
of the survival training course. A permit shall be applicable only
to the area established for begin delete such end delete begin insert that end insert survival training as designated
by the commission in the permit and for the species and numbers
designated in the permit.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert commission may revise begin delete any conditions end delete begin insert a condition end insert of
a permit if it finds begin delete such end delete revision is necessary to properly protect
the fish, begin delete amphibia, end delete begin insert amphibians, reptiles, end insert birds, or mammals in the
area.

begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert term of begin delete such end delete a permit begin insert issued pursuant to subdivision (a) end insert
shall be for not more than a calendar year.

begin delete

A

end delete

begin insert (d) end insert begin insert   end insert begin insert A end insert report shall be submitted on the expiration of the permit
period begin insert specified pursuant to subdivision (c) end insert , or as otherwise
required by the commission, of all fish, begin delete amphibia, end delete begin insert amphibians,
reptiles, end insert birds, or mammals taken during the period covered by
the report in each permit area. begin delete No end delete begin insert A end insert new permit begin delete may end delete begin insert shall not end insert be
issued until begin delete such end delete begin insert the end insert report has been submitted and begin delete any end delete begin insert an end insert existing
permit may be canceled if begin delete such end delete a report is not submitted when
required by the commission.

begin delete

No

end delete

begin insert (e) end insert begin insert   end insert begin insert A end insert person engaged in begin delete such end delete survival training taking begin delete fish,
amphibia, birds, or mammals end delete begin insert a fish, amphibian, reptile, bird, or
mammal end insert pursuant to begin delete such end delete a permit begin delete may end delete begin insert issued under this section
shall not end insert use begin delete any end delete begin insert a end insert firearm, bow and arrow, steel trap, explosive,
chemical, poison, drug, begin delete net end delete begin insert net, end insert or fish begin delete tackle end delete begin insert tackle, end insert except begin delete hooks
or handlines or end delete begin insert that hooks, handlines, and end insert improvised poles and
lines begin delete for the taking of end delete begin insert may be used to take end insert fish.

SEC. 16.  

Section 326 of the Fish and Game Code is amended
to read:

326.  

begin delete Prior to the making of such end delete begin insert Before adopting end insert a regulation
begin insert pursuant to Section 325, end insert the commission at an open meeting shall
publicly announce the contents of the proposed begin delete regulation end delete
begin insert regulation, end insert and fix a time and place begin delete at which end delete begin insert for end insert a hearing on the
proposed begin delete order shall be held. end delete begin insert regulation in each county that would
be affected by the regulation. end insert The time begin insert for each hearing end insert shall be
begin delete not less than end delete begin insert at least end insert 21 days begin delete from the day of the meeting end delete begin insert after the
announcement, end insert and the place shall be the county seat of begin delete each of
the counties affected. end delete begin insert the affected county. end insert

SEC. 17.  

Section 330 of the Fish and Game Code is amended
to read:

330.  

Cooperative hunting areas, as described in begin delete Sections 1570
to 1572, end delete begin insert Section 1575, end insert may be established in connection with any
area opened to hunting under the begin delete foregoing end delete provisions of this
article.

SEC. 18.  

Section 393 of the Fish and Game Code is amended
to read:

393.  

(a)  begin delete Any end delete begin insert A end insert regularly employed law enforcement officer
of an Oregon, Nevada, or Arizona state law enforcement agency,
including, but not limited to, the Oregon State Police, the Nevada
Department of Wildlife, or the Arizona Game and Fish Department,
is a peace officer in this begin delete state end delete begin insert state, end insert if all of the following conditions
are met:

(1) The officer is providing, or attempting to provide, law
enforcement services within this state, within a distance of up to
50 statute miles of the contiguous border of this state and the state
employing the officer, or within waters offshore of this state in the
Exclusive Economic Zone.

(2) The officer is providing, or attempting to provide, law
enforcement services pursuant to either of the following:

(A) In response to a request for services initiated by a member
of the department.

(B) In response to a reasonable belief that emergency law
enforcement services are necessary for the preservation of life,
and a request for services by a member of the begin delete Department of Fish
and Game end delete begin insert department end insert is impractical to obtain under the
circumstances. In those situations, the officer shall obtain
authorization as soon as practical.

(3) The officer is providing, or attempting to provide, law
enforcement services for the purpose of assisting a member of the
begin delete Department of Fish and Game end delete begin insert department end insert in response to
misdemeanor or felony criminal activity, pursuant to the authority
of a peace officer as provided in subdivision (e) of Section 830.2
of the Penal Code, or, in the event of begin insert an end insert emergency begin delete incidents end delete
begin insert incident end insert or other similar public safety begin delete problems, end delete begin insert problem, end insert whether
or not a member of the department is present at the scene of the
event.

(4) An agreement pursuant to Section 392 is in effect between
the begin delete Department of Fish and Game end delete begin insert department end insert and the agency of
the adjoining state employing the officer, the officer acts in
accordance with that agreement, and the agreement specifies that
the officer and employing agency of the adjoining state shall be
subject to the same civil immunities and liabilities as a peace
officer and his or her employing agency in this state.

(5) The officer receives no separate compensation from this
state for providing law enforcement services within this state.

(6) The adjoining state employing the officer confers similar
rights and authority upon a member of the department who renders
assistance within that state.

(b) Notwithstanding any other provision of law, begin delete any end delete begin insert a end insert person
who is acting as a peace officer in this state in the manner described
in this section shall be deemed to have met the requirements of
Section 1031 of the Government Code and the selection and
training standards of the Commission on Peace Officer Standards
and begin delete Training end delete begin insert Training, end insert if the officer has completed the basic
training required for peace officers in his or her state.

(c) A peace officer of an adjoining state shall not provide
services within a California jurisdiction during begin delete any end delete begin insert a end insert period in
which officers of the department are involved in a labor dispute
that results in a formal work slowdown or stoppage.

SEC. 19.  

Section 400 of the Fish and Game Code is amended
to read:

400.  

The State of California hereby assents to the provisions
of the act of Congress entitled “An act to provide that the United
States shall aid the states in wildlife-restoration projects, and for
other purposes,” approved September 2, 1937 (Public Law 415,
begin delete Seventy-fifth Congress), and the end delete begin insert 75th Congress). The end insert department,
with the approval of the commission, shall perform begin delete such acts as
may be necessary to the conduct and establishment of end delete begin insert any acts
needed to conduct or establish end insert cooperative wildlife-restoration
projects, as defined in begin delete such end delete begin insert that end insert act of Congress, in compliance
with begin delete such end delete begin insert that end insert act and rules and regulations begin delete promulgated
thereunder; end delete begin insert adopted under that act, end insert and begin delete no end delete funds accruing to the
State of California from license fees paid by hunters shall begin insert not end insert be
diverted for begin delete any other end delete begin insert a end insert purpose begin insert other end insert than the administration of
the begin delete Department of Fish and Game end delete begin insert department end insert and begin delete for end delete the
protection, propagation, preservation, and investigation of fish and
begin delete game. end delete begin insert wildlife. end insert

SEC. 20.  

Section 401 of the Fish and Game Code is amended
to read:

401.  

The State of California hereby assents to the provisions
of the act of Congress entitled “An act to provide that the United
States shall aid the states in fish restoration and management
projects, and for other purposes,” approved August 9, 1950 (Public
Law 681, begin delete Eighty-first Congress), and the end delete begin insert 81st Congress). The end insert
department, with the approval of the commission, may perform
begin delete such acts as may be necessary to the conduct and establishment
of end delete begin insert any acts needed to conduct or establish end insert cooperative fish
restoration projects, as defined in begin delete said end delete begin insert that end insert act of Congress, in
compliance with begin delete said end delete begin insert that end insert act and rules and regulations
begin delete promulgated thereunder; end delete begin insert adopted under that act, end insert and begin delete no end delete funds
accruing to the State of California from license fees paid by
fishermen shall begin insert not end insert be diverted for begin delete any other end delete begin insert a end insert purpose begin insert other end insert than
the administration of the begin delete Department of Fish and Game end delete begin insert department end insert
and begin delete for end delete the protection, propagation, preservation, and investigation
of fish and begin delete game. end delete begin insert wildlife. end insert

SEC. 21.  

The heading of Division 2 (commencing with Section
700) of the Fish and Game Code is amended to read:

 

Division 2.  DEPARTMENT OF FISH AND begin delete GAME end delete
begin insert WILDLIFE end insert

 

SEC. 22.  

Section 706 of the Fish and Game Code is amended
to read:

706.  

The provisions of Chapter 2 (commencing at Section
begin delete 11150), end delete begin insert 11150) of end insert Part begin delete 1, end delete begin insert 1 of end insert Division begin delete 3, end delete begin insert 3 of end insert Title 2 of the
Government Code shall govern and apply to the conduct of the
department in every begin delete respect the same as if such provisions were
herein set forth at length, and wherever end delete begin insert respect. Whenever end insert in that
chapter the term “head of the department” or similar designation
occurs, for the purposes of this section it shall mean the director.

SEC. 23.  

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, begin delete “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 end delete “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, city,
county, city and county, town, the state, and any of the agencies
of those entities.

SEC. 24.  

Section 716.3 of the Fish and Game Code is amended
to read:

716.3.  

For purposes of this chapter, the following terms have
the following meanings:

(a) “Board” means the board of compact administrators
established pursuant to Section 716.8.

(b) “Citation” means any summons, complaint, ticket, penalty
assessment, or other official document issued to a person by a
wildlife officer or other peace officer for a wildlife violation
pertaining to sport fishing, hunting, or trapping, which contains
an order requiring the person to respond.

(c) “Collateral” means any cash or other security deposited to
secure an appearance for trial in connection with the issuance by
a wildlife officer or other peace officer of a citation for a wildlife
violation.

(d) “Compact manual” is a manual used and adopted by the
participating states that prescribes the procedures to be followed
in administering the wildlife violator compact in participating
states.

(e) “Compliance,” with respect to a citation, means the act of
answering a citation through an appearance in a court or tribunal,
or through the payment of fines, penalties, costs, and surcharges,
if any.

(f) “Conviction” means a conviction, including, but not limited
to, any court conviction for an offense related to sport fishing,
hunting, or trapping, that is prohibited by statute, ordinance, or
administrative rule or regulation, that involves the forfeiture of
any bail, bond, or other security deposited to secure appearance
by a person charged with having committed any such offense, the
payment of a penalty assessment, a plea of nolo contendere, and
the imposition of a deferred or suspended sentence by the court.

(g) “Court” means a court of law, including magistrate’s court
and the justice of the peace court.

(h) “Home state” means the state of primary residence of a
person.

(i) “Issuing state” means the participating state that issues a
wildlife citation to the violator.

(j) “License” means any license, permit, entitlement to use, or
other public document that conveys to the person to whom it is
issued the privilege of sport fishing, hunting, or trapping, that is
regulated by statute, ordinance, or administrative rule or regulation
of a participating state.

(k) “Licensing authority,” with reference to this state, means
the begin delete Department of Fish and Game, end delete begin insert department, end insert which is the state
agency authorized by law to issue or approve licenses or permits
to sport fish, hunt, or trap.

(l) “Participating state” means any state that enacts legislation
to become a member of the wildlife compact.

(m) “Personal recognizance” means an agreement by a person
made at the time of issuance of the wildlife citation that the person
will comply with the terms of the citation.

(n) “State” means any state, territory, or possession of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Provinces of Canada, and other countries.

(o) “Suspension” means any revocation, denial, or withdrawal
of any or all license privileges, including the privilege to apply
for, purchase, or exercise the benefits conferred by any license for
sport fishing, hunting, or trapping.

(p) “Terms of the citation” means those conditions and options
expressly stated upon a citation.

(q) “Wildlife” means all species of animals including, but not
limited to, mammals, birds, fish, reptiles, amphibians, mollusks,
and crustaceans, which are defined as “wildlife” and are protected
or otherwise regulated by statute, ordinance, or administrative rule
or regulation in a participating state. The species included in the
definition of “wildlife” vary from state to state and the
determination of whether a species is “wildlife” for the purposes
of this compact shall be based on the law of the participating state.

(r) “Wildlife law” means any statute, regulation, ordinance, or
administrative rule or regulation developed and enacted for the
management of wildlife resources and the uses thereof.

(s) “Wildlife officer” means any individual authorized in this
state to issue a citation for a wildlife violation.

(t) “Wildlife violation” means the violation of a statute,
ordinance, or administrative rule or regulation developed and
enacted for the management of wildlife resources and the uses
thereof pertaining to sport fishing, hunting, and trapping and for
which a prosecution is initiated.

SEC. 25.  

Section 853 of the Fish and Game Code is amended
to read:

853.  

begin insert (a) end insert begin insert   end insert The director may deputize any employee of the
department to check persons for licenses required under Section
7145 and to enforce any violation of that section. begin delete Before end delete

begin insert (b) end insert begin insert   end insert begin insert Before end insert a person is deputized pursuant to this section for the
first time, the person shall have satisfactorily completed a training
course meeting the minimum standards of, and comparable to, the
training for “level III reserve” as set forth in the regulations of the
Commission on Peace Officer Standards and Training. begin delete Any end delete

begin insert (c) end insert begin insert   end insert begin insert A end insert person, who is deputized for begin delete this end delete begin insert the end insert limited purpose
begin delete pursuant to this section, may end delete begin insert stated in subdivision (a) shall end insert not
enforce any other provision of this begin delete code, and is not end delete begin insert code. Being
deputized under this section does not make a person end insert a peace officer
subject to Chapter 4.5 (commencing with Section 830) of Title 3
of Part 2 of the Penal Code.

SEC. 26.  

Section 854 of the Fish and Game Code is amended
to read:

854.  

Notwithstanding Section 18932 of the Government Code,
the minimum age limit for appointment to the position of fish and
game warden of the begin delete Department of Fish and Game end delete begin insert department end insert
shall be 18 years. begin delete Any end delete begin insert An end insert examination for the position of warden
shall require a demonstration of the physical ability to effectively
carry out the duties and responsibilities of the position in a manner
that would not inordinately endanger the health or safety of begin delete any end delete begin insert a end insert
warden or begin delete the health and safety of others. end delete begin insert any other person. end insert

SEC. 27.  

Section 857 of the Fish and Game Code is amended
to read:

857.  

(a) Notwithstanding any other provision of law, the status
of a person as an employee, agent, or licensee of the department
does not confer upon that person a special right or privilege to
knowingly enter private land without begin delete either end delete the consent of the
begin delete owner or end delete begin insert owner, end insert a search warrant, begin insert or end insert an inspection warrant.

(b)  begin delete (1) end delete begin delete   end delete Subdivision (a) does not apply to employees, agents, or
licensees of the department in the event of an emergency. For
purposes of this section, “emergency” means a sudden, unexpected
occurrence, involving a clear and imminent danger demanding
immediate action to prevent or mitigate loss of, or damage to,
wildlife, wildlife resources, or wildlife habitat.

begin delete

(2)

end delete

begin insert (c) end insert  Subdivision (a) does not apply to a sworn peace officer
authorized pursuant to subdivision (e) of Section 830.2 of the Penal
Code or, if necessary for law enforcement purposes, to other
departmental personnel accompanying a sworn peace officer.
Subdivision (a) shall not be construed to define or alter any
authority conferred on those peace officers by any other law or
court decision.

begin delete

(3)

end delete

begin insert (d) end insert  Subdivision (a) does not apply to, or interfere with, the
authority of employees or licensees to enter and inspect land in
conformance with Section 4604 of the Public Resources Code.

begin delete

This

end delete

begin insert (e) end insert begin insert   end insert begin insert This end insert section is not intended to expand or constrain the
authority, if any, of employees, agents, or licensees of the
department to enter private land to conduct inspections pursuant
to Section 7702 of this code or Section 8670.5, 8670.7, or 8670.10
of the Government Code.

begin delete

(c)

end delete

begin insert (f) end insert  If the department conducts a survey or evaluation of private
land that results in the preparation of a document or report, the
department shall, upon request and without undue delay, provide
either a copy of the report or a written explanation of the
department’s legal authority for denying the request. The
department may charge a fee for each copy, not to exceed the direct
costs of duplication.

SEC. 28.  

Section 1000 of the Fish and Game Code is amended
to read:

1000.  

The department shall expend begin delete such end delete funds begin delete as may be end delete
necessary for biological research and field investigation and for
the collection and diffusion of begin delete such end delete statistics and information begin delete as
shall end delete begin insert that end insert pertain to the conservation, propagation, protection, and
perpetuation of birds and begin delete the end delete begin insert their end insert nests and begin delete eggs thereof, end delete begin insert eggs, end insert
and of mammals, reptiles, begin insert amphibians, end insert and fish.

SEC. 29.  

Section 1003 of the Fish and Game Code is amended
to read:

1003.  

Mammals, begin delete birds, end delete begin insert birds end insert and begin delete the nest and eggs thereof, end delete
begin insert their nests and eggs, end insert fish and begin delete eggs thereof, end delete begin insert their eggs, end insert reptiles,
begin insert amphibians, end insert mollusks, crustaceans, or any other form of plant or
animal life taken under the provisions of begin delete such end delete a scientific or
propagation permit begin insert issued pursuant to Section 1002 end insert may be shipped
or transported anywhere within or without the state if prior written
approval is obtained from the department and begin delete each such end delete begin insert the end insert
shipment is accompanied by the name, address, and permit number
of the person holding the scientific or propagation permit.

SEC. 30.  

Section 1014 of the Fish and Game Code is amended
to read:

1014.  

begin delete In the event end delete begin insert If end insert the Department of Parks and Recreation
contracts with the federal government pursuant to Public Law
89-161 for the administration of recreation development or fish
and wildlife enhancement facilities, as authorized by Section
5006.6 of the Public Resources Code, the Department of Fish and
begin delete Game end delete begin insert Wildlife end insert is authorized to operate, begin delete maintain end delete begin insert maintain, end insert and
replace those facilities designated as fish and wildlife enhancement
facilities and to assume all costs of begin delete such end delete begin insert that end insert operation,
begin delete maintenance end delete begin insert maintenance, end insert and replacement, subject to
appropriation of funds by the Legislature.

SEC. 31.  

Section 1053.5 of the Fish and Game Code is
amended to read:

1053.5.  

Applicants for hunting licenses begin delete pursuant to subdivision
(a) of Section 1053 end delete shall first satisfactorily complete a hunter
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 education training course,
or show a previous year’s hunting license.

SEC. 32.  

Section 1055.3 of the Fish and Game Code is
amended to read:

1055.3.  

The department may authorize any begin delete person, except end delete
begin insert person other than end insert a commissioner or an officer or employee of
the begin delete department, end delete begin insert department end insert to issue, as an agent of the department,
annual wildlife area passes and native species stamps, and to sell
promotional materials and nature study aids pursuant to, and subject
to the requirements of, this article. begin delete Any end delete begin insert An end insert agent thus authorized
may add a handling charge pursuant to begin delete subdivision (b) end delete begin insert subdivisions
(f), (g), and (h) end insert of Section 1055 begin insert or subdivisions (d), (e), and (f) of
Section 1055.1 end insert to the fee prescribed in Article 3 (commencing
with Section 1760) of Chapter 7.5 of Division 2 for each annual
wildlife area pass or native species stamp issued.

SEC. 33.  

Section 1058 of the Fish and Game Code is amended
to read:

1058.  

In case of an assignment for the benefit of creditors,
receivership, or bankruptcy, the state shall have a preferred claim
against the license begin insert agent’s end insert assignee, receiver, or trustee for all
moneys owing the state for the issuing of licenses, permits,
reservations, tags, and other entitlements as provided in this code
and shall not be estopped from asserting that claim by reason of
the commingling of funds or otherwise.

SEC. 34.  

Section 1061 of the Fish and Game Code is amended
to read:

1061.  

(a)  The department may allow a person to purchase a
license voucher as a gift for a licensee when the licensee’s complete
and accurate personal information, as defined in regulation, is not
provided by the license buyer at the time of purchase.

(b) A license purchase voucher entitles the holder of the voucher
to redeem it for the specific license, permit, tag, or other privilege
or entitlement, and license year for which it was purchased.

(c) A license purchase voucher shall expire and be considered
void if not redeemed within the license year for which it was
purchased.

(d) A license purchase voucher may be issued and redeemed
by begin delete any end delete begin insert a end insert person authorized by the department to issue licenses.

(e) The license agent handling fee, as provided under begin delete subdivision
(b) end delete begin insert subdivisions (d), (e), and (f) end insert of Section 1055.1, shall only apply
to the sale of the license purchase voucher.

(f) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.

SEC. 35.  

Section 1227 of the Fish and Game Code is amended
to read:

1227.  

Notwithstanding any other begin delete provision of end delete law, the
department may enter into one or more agreements with begin delete any end delete begin insert a end insert
person, nonprofit organization, or other public or private entity,
as may be appropriate, to assist the department in its efforts to
secure long-term private funding sources for purposes relating to
conservation programs, projects, and activities by the department.
The authority to enter into begin delete agreements for the purposes of end delete begin insert an
agreement under end insert this section shall include, but not be limited to,
begin delete for the purposes of securing end delete begin insert the authority to secure end insert donations,
memberships, corporate and individual sponsorships, and marketing
and licensing agreements.

SEC. 36.  

Section 1348.3 of the Fish and Game Code is
amended to read:

1348.3.  

(a) No governmental entity may condemn any wildlife
conservation easement acquired by a state agency, except as
provided in subdivision (b). As used in this section, the following
terms have the following meanings:

(1) “Public use” as used in Article 6 (commencing with Section
1240.510) and Article 7 (commencing with Section 1240.610) of
Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure means
privately owned lands managed for habitat in public trust.

(2) “Wildlife” has the same meaning as set forth in Section
begin delete 711.2. end delete begin insert 89.5. end insert

(3) “Wildlife conservation easement” means a recorded
conservation easement, as defined in Section 815.1 of the Civil
Code, that exists or will exist for at least 10 years and that is
acquired and held by a state agency and administered primarily
for the benefit of wildlife.

(b) Prior to the initiation by a governmental entity of
condemnation proceedings against a wildlife conservation easement
acquired by a state agency, the governmental entity shall give
notice to the holder of the easement, provide an opportunity for
the holder of the easement to consult with the governmental
agency, provide the holder of the easement the opportunity to state
its objections to the condemnation, and provide a response to the
objections. Article 6 (commencing with Section 1240.510) and
Article 7 (commencing with Section 1240.610) of Chapter 3 of
Title 7 of Part 3 of the Code of Civil Procedure shall apply to
condemnation proceedings initiated by a governmental entity
against a wildlife conservation easement acquired by a state agency.
In those proceedings, the condemning governmental entity shall
be required to prove by clear and convincing evidence that its
proposed use satisfies the requirements of Article 6 (commencing
with Section 1240.510) or Article 7 (commencing with Section
1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of Civil
Procedure.

SEC. 37.  

Section 1505 of the Fish and Game Code is amended
to read:

1505.  

begin delete In addition to any other powers vested in the department,
it end delete begin insert (a) end insert begin insert   end insert begin insert The department end insert may manage, begin delete control end delete begin insert control, end insert and protect
begin delete such end delete begin insert the end insert portions of the following spawning areas begin delete which end delete begin insert that end insert
occupy state-owned begin delete lands end delete begin insert lands, end insert to the extent necessary to protect
fishlife in these begin delete areas. In the event of any conflict under this section
with the action of another department or agency of the state or any
other public agency, the action of the Department of Fish and
Game taken pursuant to this section shall prevail except for: (a)
action of the state or regional water quality control boards in
establishing waste discharge requirements, (b) action as required
for commerce and navigation, (c) action by public agencies
reasonably necessary for bridge crossings, water conservation or
utilization, or flood protection projects, including the construction,
maintenance, and operation thereof. The exceptions in subdivision
(c) shall not extend to the depositing of materials, other than
necessary structural materials, in, or the removing of materials
from the streambeds in the areas designated in this section, other
than as necessary for the installation of structures. These areas are: end delete
begin insert areas: end insert

begin insert (1) end insert begin insert   end insert begin insert The end insert Sacramento River between Keswick and Squaw Hill
Bridge, near Vina.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert Feather River between Oroville and the mouth of Honcut
Creek.

begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert Yuba River between Englebright Dam and a point
approximately four miles east of Marysville.

begin delete

The

end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert American River between Nimbus Dam and a point one
mile downstream from Arden Way.

begin delete

The

end delete

begin insert (5) end insert begin insert   end insert begin insert The end insert Mokelumne River between Pardee Dam and Lockeford.

begin delete

The

end delete

begin insert (6) end insert begin insert   end insert begin insert The end insert Stanislaus River between Goodwin Dam and Riverbank.

begin delete

The

end delete

begin insert (7) end insert begin insert   end insert begin insert The end insert Tuolumne River between La Grange Dam and the Geer
Road (J14) Bridge.

begin delete

The

end delete

begin insert (8) end insert begin insert   end insert begin insert The end insert Merced River between Crocker Huffman Dam and
Cressey.

begin delete

The

end delete

begin insert (9) end insert begin insert   end insert begin insert The end insert Trinity River between Lewiston Dam and the confluence
of the North Fork Trinity, near Helena.

begin delete

The

end delete

begin insert (10) end insert begin insert   end insert begin insert The end insert Eel River, from Fort Seward to Lake Pillsbury.

begin delete

The

end delete

begin insert (11) end insert begin insert   end insert begin insert The end insert South Fork Eel River.

begin delete

The

end delete

begin insert (12) end insert begin insert   end insert begin insert The end insert Middle Fork Smith River, from its mouth to Knopti
Creek.

begin delete

The

end delete

begin insert (13) end insert begin insert   end insert begin insert The end insert South Fork Smith River, from its mouth to Harrington
Creek.

begin delete

The

end delete

begin insert (14) end insert begin insert   end insert begin insert The end insert Salmon River, from its mouth to Rush Creek on the
South Fork Salmon River, to Carter Meadow on the east fork of
the South Fork Salmon River, and to Finley Camp on the North
Fork Salmon River.

begin delete

Battle

end delete

begin insert (15) end insert begin insert   end insert begin insert Battle end insert Creek, from its mouth to Coleman Powerhouse.

begin delete

The

end delete

begin insert (16) end insert begin insert   end insert begin insert The end insert Cosumnes River, from Meiss Road Bridge to Latrobe
Road Bridge.

begin delete

The

end delete

begin insert (17) end insert begin insert   end insert begin insert The end insert Van Duzen River, from Yager Creek to the falls 11⁄2
miles above Bloody Run Creek.

begin delete

The

end delete

begin insert (18) end insert begin insert   end insert begin insert The end insert Mad River, from Blue Lake Bridge to Bug Creek.

begin delete

The

end delete

begin insert (19) end insert begin insert   end insert begin insert The end insert Middle Fork Eel River.

begin delete

The

end delete

begin insert (20) end insert begin insert   end insert begin insert The end insert Mattole River.

begin delete

The

end delete

begin insert (21) end insert begin insert   end insert begin insert The end insert Noyo River.

begin delete

The

end delete

begin insert (22) end insert begin insert   end insert begin insert The end insert Big River, Mendocino County.

begin delete

The

end delete

begin insert (23) end insert begin insert   end insert begin insert The end insert Gualala River.

begin delete

The

end delete

begin insert (24) end insert begin insert   end insert begin insert The end insert Garcia River, Mendocino County.

begin delete

Until ownership of any land in these areas has been legally
determined, the

end delete begin insert

(b) In the event of a conflict between an action of the department
pursuant to this section and the action of another department or
agency of the state or another public agency, the action of the
Department of Fish and Wildlife taken pursuant to this section
shall prevail, except in the event of conflict with the following
actions:

end insert begin insert

(1) An action of the state or regional water quality control
boards in establishing waste discharge requirements.

end insert begin insert

(2) An action required for commerce and navigation.

end insert begin insert

(3) An action by a public agency that is reasonably necessary
for bridge crossings, water conservation or utilization, or flood
protection projects, including the construction, maintenance, and
operation thereof. This paragraph shall not apply to the depositing
of materials, other than necessary structural materials, in, or the
removing of materials from the streambeds in the areas designated
in this section, other than as necessary for the installation of
structures.

end insert

begin insert (c) end insert begin insert   end insert begin insert The end insert director shall disapprove begin delete any end delete begin insert a end insert stream begin delete alterations end delete
begin insert alteration end insert of begin delete any end delete begin insert a end insert prime salmon begin delete and end delete begin insert or end insert steelhead spawning begin delete areas end delete
begin insert area on land of which ownership has not been legally determined, end insert
when in begin delete his end delete begin insert the director’s end insert opinion begin delete such alterations end delete begin insert the alteration end insert
would prove deleterious to fishlife.

SEC. 38.  

Section 1930 of the Fish and Game Code is amended
to read:

1930.  

The Legislature finds and declares that:

(a) Areas containing diverse ecological and geological
characteristics are vital to the continual health and well being of
the state’s natural resources and of its citizens.

(b) Many habitats and ecosystems that constitute the state’s
natural diversity are in danger of being lost.

(c) Connectivity between wildlife habitats is important to the
long-term viability of the state’s biodiversity.

(d) Increasingly fragmented habitats threaten the state’s wildlife
species.

(e) There is insufficient incentive for private landowners to
maintain and perpetuate significant local natural areas in their
natural state.

(f) Efforts to preserve natural areas have been fragmented
between federal, state, local, and private sectors.

(g) Analysis of the state’s habitat connectivity benefits from the
consideration of all relevant data, including information from
private and public landowners.

(h) The begin delete Department of Fish and Game’s end delete begin insert department’s end insert existing
mapping activities and products should be developed and sustained.

SEC. 39.  

Section 1932 of the Fish and Game Code is amended
to read:

1932.  

There is hereby established the Significant Natural Areas
Program which shall be administered by the department. The
department, in administering this program, shall do all of the
following:

(a) Obtain access to the most recent information with respect
to natural resources. In order to accomplish this, the department
shall maintain, expand, and keep current a data management
system, designated the California Natural Diversity Data Base,
designed to document information on these resources. That data
shall be made available to interested parties on request.

(b) Develop and maintain a spatial data system that identifies
those areas in the state that are most essential for maintaining
habitat connectivity, including wildlife corridors and habitat
linkages. This data should include information essential for
evaluating the needs of wildlife species, as defined in Section
begin delete 711.2, end delete begin insert 89.5, end insert that require habitat connectivity for their long-term
conservation, including distribution and movement patterns.

(c) As appropriate, develop and maintain the database by
incorporating mapping products and data developed by other state
agencies.

(d) Make all of the data sets, and associated analytical products,
available to the public and other government entities.

(e) Ensure cost sharing by all who use the data management
system and develop an appropriate schedule of compensation to
be paid by individuals using the data management system, not to
exceed the actual costs for use of the data management system.

(f) Ensure recognition of the state’s most significant natural
areas, including those affected by climate change. The department
shall, after consultation with federal, state, and local agencies,
education institutions, civic and public interest organizations,
private organizations, landowners, and other private individuals,
identify by means of periodic reports those natural areas deemed
to be most significant.

(g) Seek the maintenance and perpetuation of the state’s most
significant natural areas for present and future generations in the
most feasible manner. The department shall consider alternative
approaches for that maintenance, including alternatives to fee
acquisition such as incentives, leasing, and dedication.

(h) Reduce unnecessary duplication of effort. The department
shall provide coordinating services to federal, state, local, and
private interests wishing to aid in the maintenance and perpetuation
of significant natural areas.

(i) Actively pursue grants and cost-sharing opportunities with
local, state, or federal agencies, or private entities that use the data
sets and benefit from their creation and maintenance.

SEC. 40.  

Section 1940 of the Fish and Game Code is amended
to read:

1940.  

(a) The begin delete Department of Fish and Game end delete begin insert department end insert shall
undertake the development of a vegetation mapping standard for
the state.

(b) The development of a state vegetation mapping standard by
the department shall be done in consultation with interested
stakeholders, including, but not limited to, government agencies,
nongovernmental conservation organizations, landowners,
agriculture, recreation, scientific entities, and industry. Components
of the standard shall include the following:

(1) A published classification system for all natural and
seminatural vegetation communities present in California with
sufficient detail to meet the analytical needs of government and
nongovernment entities. The classification shall be consistent with
national standards adopted by the Federal Geographic Data
Committee.

(2) Methods for field data collection, image interpretation, and
digital map production and attribution.

(3) Manuals, training materials, tools, and database structures
for use by parties interested in performing vegetation mapping
according to the standard.

(4) Documented methods for performing postproject accuracy
assessments to quantify begin delete that end delete begin insert the end insert validity of the work. Private and
public landowners shall be given reasonable opportunity to review,
and comment on the accuracy of, the data collected on their lands.

(5) Mechanisms for integrating new map products that meet the
standard into a cohesive database with the intent of eventually
completing statewide coverage.

(c) The department shall submit a report to the budget committee
of each house of the Legislature no later than January 10, 2008,
providing its mapping standard and advising how the department
will ensure that its standard will be updated to reflect changing
technology and serve as the state’s center of expertise on vegetation
mapping.

(d) The department may adopt regulations to implement this
section.

SEC. 41.  

Section 2000 of the Fish and Game Code is amended
to read:

2000.  

begin insert (a) end insert begin insert   end insert It is unlawful to take begin delete any end delete begin insert a end insert bird, mammal, fish,
reptile, or amphibian except as provided in this code begin delete or regulations
made pursuant thereto. Possession of end delete begin insert or in a regulation adopted
pursuant to this code. end insert

begin insert (b) end insert begin insert   end insert begin insert Possession of end insert a bird, mammal, fish, begin delete or end delete reptile begin insert , amphibian, end insert
or begin delete parts thereof end delete begin insert part of any of those animals, end insert in or on the fields,
forests, or waters of this state, or while returning therefrom with
fishing or hunting begin delete equipment end delete begin insert equipment, end insert is prima facie evidence
the possessor took the bird, mammal, begin delete fish or end delete begin insert fish, end insert reptile begin insert , or
amphibian, end insert or begin delete parts thereof. end delete begin insert part of that animal. end insert

SEC. 42.  

Section 2001 of the Fish and Game Code is amended
to read:

2001.  

(a) It is unlawful to take begin delete mammals, birds, fish, reptiles,
and amphibians end delete begin insert a mammal, bird, fish, reptile, or amphibian end insert outside
of begin insert an end insert established begin delete seasons end delete begin insert season end insert or to exceed begin delete any end delete begin insert a end insert bag limit or
possession limit established in this code or by begin delete regulations end delete begin insert a
regulation end insert adopted by the commission. Violation of begin delete any end delete begin insert an end insert
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.

begin delete

(b) Unless otherwise provided, 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
thereof may be possessed during the period after the close of the
open season.

end delete begin insert

(b) Unless otherwise provided, it is unlawful to possess a fish,
reptile, or amphibian, except during the open season where the
fish, reptile, or amphibian was taken or during the 10-day period
immediately following that open season. A possession limit
applicable during the open season applies during that 10-day
period.

end insert

(c) Except as provided in Section 3080, it is unlawful to possess
begin delete game birds end delete begin insert a game bird end insert or begin delete mammals end delete begin insert mammal end insert except during the
open season where taken.

SEC. 43.  

Section 2002 of the Fish and Game Code is amended
to read:

2002.  

It is unlawful to possess begin delete any end delete begin insert a end insert bird, mammal, fish, reptile,
begin delete or end delete amphibian, or begin delete parts thereof, end delete begin insert part of any of those animals, end insert taken
in violation begin delete of any of the provisions end delete of this begin delete code, end delete begin insert code end insert or begin delete of any end delete begin insert a end insert
regulation begin delete made under it. end delete begin insert adopted pursuant to this code. end insert

SEC. 44.  

Section 2003 of the Fish and Game Code is amended
to read:

2003.  

(a) Except as specified in subdivisions (b), (c), and (d),
it is unlawful to offer begin delete any end delete begin insert a end insert prize or other inducement as a reward
for the taking of begin delete any end delete begin insert a end insert game begin delete birds, mammals, fish, reptiles, or
amphibians end delete begin insert bird, mammal, fish, reptile, or amphibian end insert in an
individual contest, tournament, or derby.

(b) The department may issue a permit to begin delete any end delete begin insert a end insert person
authorizing that person to offer a prize or other inducement as a
reward for the taking of begin delete any end delete begin insert a end insert game fish, as defined by the
commission by regulation, if it finds that there would be no
detriment to the resource. The permit is subject to regulations
adopted by the commission. The application for the permit shall
be accompanied by a fee in the amount determined by the
department as necessary to cover the reasonable administrative
costs incurred by the department in issuing the permit. However,
the department may waive the permit fee if the contest, tournament,
or derby is for persons begin insert who are end insert under begin delete the age of end delete 16 begin delete years, or who
are physically or mentally challenged, end delete begin insert years of age or have a
physical or mental disability, and end insert the primary purpose of the
contest, tournament, or derby is to introduce begin delete young end delete begin insert those end insert anglers
begin delete to, end delete begin insert to end insert or educate them about fishing. All permits for which the fee
is waived pursuant to this subdivision shall comply with all other
requirements set forth in this section.

(c) This section does not apply to begin delete any end delete begin insert a end insert person conducting what
begin delete are end delete begin insert is end insert generally known as begin insert a end insert frog-jumping begin delete contests or fish contests
conducted end delete begin insert contest, or, end insert in waters of the Pacific begin delete Ocean. end delete begin insert Ocean, what
is generally known as a fish contest. end insert

(d) This section does not apply to begin delete any end delete begin insert a end insert person conducting an
individual contest, tournament, or derby for the taking of begin insert a end insert game
begin delete birds and mammals, end delete begin insert bird or mammal, end insert if the total value of all prizes
or other inducements is less than five hundred dollars ($500) for
the individual contest, tournament, or derby.

SEC. 45.  

Section 2005 of the Fish and Game Code is amended
to read:

2005.  

(a) Except as otherwise authorized by this section, it is
unlawful to use an artificial light to assist in the taking of begin insert a end insert game
begin delete birds, end delete begin insert bird, end insert game begin delete mammals, end delete begin insert mammal, end insert or game begin delete 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 of Part 3 of Division
4. end delete begin insert fish. end insert

(b) It is unlawful for begin delete any person, or end delete one or more begin delete persons, end delete begin insert persons end insert
to throw or cast the rays of begin delete any end delete begin insert a end insert spotlight, headlight, or other
artificial light on begin delete any end delete begin insert a end insert highway or in begin delete any end delete begin insert a end insert field, woodland, or
forest where game mammals, fur-bearing mammals, or nongame
mammals are commonly found, or upon begin delete any end delete begin insert a end insert game mammal,
fur-bearing mammal, or nongame mammal, while having in his
or her possession or under his or her control begin delete any end delete begin insert a end insert firearm or
weapon with which that mammal could be killed, even though the
mammal is not killed, injured, shot at, or otherwise pursued.

begin delete

(c) It is unlawful to use or possess at any time any infrared or
similar light used in connection with an electronic viewing device
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, amphibians, or fish.

(d) The provisions of this section do not apply to any of the
following:

(1) The use of a hand-held flashlight no larger, nor emitting
more light, than a two-cell, three-volt flashlight, provided that light
is not affixed in any way to a weapon, or to the use of a lamp or
lantern that does not cast a directional beam of light.

(2) Headlights of a motor vehicle operated in a usual manner
where there is no attempt or intent to locate a game mammal,
fur-bearing mammal, or nongame mammal.

(3) To the owner, or his or her employee, of land devoted to the
agricultural industry while on that land, or land controlled by such
an owner and in connection with the agricultural industry.

(4) To those other uses as the commission may authorize by
regulation.

end delete begin insert

(c) It is unlawful to use or possess night vision equipment to
assist in the taking of a bird, mammal, amphibian, reptile, or fish.
For purposes of this subdivision, “night vision equipment”
includes, but is not limited to, the following:

end insert begin insert

(1) An infrared or similar light, used in connection with an
electronic viewing device.

end insert begin insert

(2) An optical device, including, but not limited to, binoculars
or a scope, that uses electrical or battery powered light amplifying
circuits.

end insert begin insert

(d) This section does not apply to any of the following:

end insert begin insert

(1) Sport fishing in ocean waters, or other waters where night
fishing is permitted, if an artificial light is not used on or as part
of the fishing tackle.

end insert begin insert

(2) Commercial fishing.

end insert begin insert

(3) The taking of mammals governed by Article 2 (commencing
with Section 4180) of Chapter 3 of Part 3 of Division 4.

end insert begin insert

(4) The use of a hand-held flashlight that is no larger and emits
no more light than a two-cell, three-volt flashlight, and is not
affixed to a weapon.

end insert begin insert

(5) The use of a lamp or lantern that does not cast a directional
beam of light.

end insert begin insert

(6) Headlights of a motor vehicle that are operated in a usual
manner and without attempt or intent to locate a game mammal,
fur-bearing mammal, or nongame mammal.

end insert begin insert

(7) An owner of land devoted to the agricultural industry, or
the owner’s employee, while on that land.

end insert begin insert

(8) An owner of land devoted to the agricultural industry, or
the owner’s employee, while on land controlled by the owner in
connection with the agricultural industry.

end insert begin insert

(9) Other uses as the commission may authorize by regulation.

end insert

(e) A person shall not be arrested for violation of this section
except by a peace officer.

SEC. 46.  

Section 2010 of the Fish and Game Code is amended
to read:

2010.  

begin insert (a) end insert begin insert   end insert It is unlawful to use or possess a shotgun larger than
10-gauge, or to use or possess a shotgun capable of holding more
than six cartridges at one begin delete time end delete begin insert time, end insert to take begin delete any end delete begin insert a end insert mammal or bird.
begin delete However, the commission may, after public hearing, adopt
regulations relative to the ammunition capacity of shotguns for
taking mammals or birds that are further restrictive or that it
determines may be needed to conform to federal law. Shotguns
that have end delete

begin insert (b) end insert begin insert   end insert begin insert A shotgun that has end insert been modified with the insertion of a
plug begin delete are end delete begin insert is end insert deemed, for the purpose of this section, to have a
cartridge capacity equal to the number of cartridges that can be
loaded into the weapon as modified.

begin insert

(c) After a public hearing, the commission may adopt regulations
relative to the ammunition capacity of shotguns for taking
mammals or birds that are more restrictive than the limits provided
in subdivision (a), or that it determines may be needed to conform
to federal law.

end insert

SEC. 47.  

Section 2013 of the Fish and Game Code is amended
to read:

2013.  

Unless otherwise provided, the provisions of this code
relating to the possession of birds, mammals, fish, reptiles,
begin delete amphibia, or parts thereof end delete begin insert or amphibians end insert apply to birds, mammals,
fish, reptiles, begin delete amphibia, or parts thereof end delete begin insert or amphibians end insert taken either
in or outside of this state.

SEC. 48.  

Section 2015 of the Fish and Game Code is amended
to read:

2015.  

begin delete It end delete begin insert (a) end insert begin insert   end insert begin insert Except as otherwise provided in this section, it end insert is
unlawful to possess begin delete any end delete begin insert a end insert bird, mammal, begin delete fish or amphibian which end delete
begin insert fish, amphibian, or reptile, that end insert may not be legally sold, in begin delete any end delete begin insert a end insert
restaurant or other eating begin delete establishment unless the possession is
by the person who lawfully took or otherwise legally possessed
the bird, mammal, fish, or amphibian or is by a person preparing
the bird, mammal, fish or amphibian for consumption by the person
who lawfully took or possessed it, or such person and others, and
the person who took or possessed it is present on the premises. end delete
begin insert establishment. end insert

begin delete

This section does not apply to birds, mammals, fish or amphibia
in a restaurant or other eating establishment which are tagged with
a signed statement of the name and address of the person who took
them, the date taken, and the total number and kind of birds,
mammals, fish or amphibia.

end delete begin insert

(b) This section does not apply to any of the following:

end insert begin insert

(1) A person who lawfully took or otherwise legally possessed
the bird, mammal, fish, amphibian, or reptile.

end insert begin insert

(2) A person preparing the bird, mammal, fish, amphibian, or
reptile for consumption by the person who lawfully took or
possessed it, or by that person and others, if the person who took
or possessed it is present on the premises.

end insert begin insert

(3) A bird, mammal, fish, amphibian, or reptile tagged with a
signed statement of the person who took the bird, mammal, fish,
amphibian, or reptile stating that person’s name and address, the
date taken, and the total number and kind taken.

end insert

SEC. 49.  

Section 2016 of the Fish and Game Code is amended
to read:

2016.  

It is unlawful to enter begin delete 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 or hunting, or both, are displayed at intervals
not less than three to the mile along all exterior boundaries and at
all roads and trails entering those lands, end delete begin insert land end insert for the purpose of
discharging begin delete any end delete begin insert a end insert firearm or taking or destroying begin delete any end delete begin insert a end insert mammal
or bird, including begin delete any end delete waterfowl, on begin delete those lands end delete begin insert that land, end insert without
having first obtained written permission from the owner, begin delete or his or
her agent, end delete begin insert the owner’s agent, end insert or the person in lawful possession begin delete of, those lands. Signs may be of any size and wording that will
fairly advise persons about to enter the land that the use of the land
is so restricted. end delete begin insert of that land, if either of the following is true: end insert

begin insert

(a) The land belongs to or is occupied by another person and
is either under cultivation or enclosed by a fence.

end insert begin insert

(b) There are signs of any size and wording forbidding trespass
or hunting or both displayed along all exterior boundaries of the
land, at intervals not less than three to the mile, and at all roads
and trails entering the land, including land temporarily inundated
by water flowing outside the established banks of a river, stream,
slough, or other waterway, which fairly advise a person about to
enter the land that the use of the land is so restricted.

end insert

SEC. 50.  

Section 2069 of the Fish and Game Code is amended
to read:

2069.  

(a) For purposes of this section, the following terms
have the following meanings:

(1) “Desert Renewable Energy Conservation Plan” means the
completed conservation plan in the Mojave and Colorado Desert
regions adopted pursuant to the Natural Community Conservation
Planning Act (Chapter 10 (commencing with Section 2800)), and
covers the geographical area described in the Draft Planning
Agreement, as amended by, and among, the begin delete Department of Fish
and Game, California end delete begin insert department, end insert Energy Commission, United
States Bureau of Land Management, and United States Fish and
Wildlife Service for the Desert Renewable Energy Conservation
Plan.

(2) “Energy Commission” means the State Energy Resources
Conservation and Development Commission.

(b) The department, in consultation with the Energy Commission
and, to the extent practicable, the United States Fish and Wildlife
Service and the United States Bureau of Land Management, may
design and implement actions, including the purchase of land and
conservation easements, to protect, restore, or enhance the habitat
of plants and wildlife that can be used to fully mitigate the impacts
of the take of endangered species, threatened species, or candidate
species, for purposes of paragraph (2) of subdivision (b) of Section
2081 and Chapter 6 (commencing with Section 25500) of Division
15 of the Public Resources Code, resulting from solar thermal,
photovoltaic, wind, and geothermal powerplants in the Desert
Renewable Energy Conservation Plan planning area that meet
either of the following requirements:

(1) Either the Energy Commission determines that the
application for certification is complete by December 31, 2011,
or the lead agency for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of
the Public Resources Code) has determined the project permit
application is complete or has issued a notice of preparation of an
environmental impact report by December 31, 2011.

(2) The developer or owner of the proposed powerplant or
generation facility has applied for, and would qualify for, funding
under the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5). For purposes of this paragraph,
“funding” means a loan guarantee made pursuant to Section 406
of the act (42 U.S.C. Sec. 16516) or a grant for specified energy
property in lieu of a tax credit provided pursuant to Section 1603
of Division B of the act, which division is titled the American
Recovery and Reinvestment Tax Act of 2009.

(c) A mitigation action may only be used for the mitigation
purposes described in subdivision (b) if it meets one of the
following conditions:

(1) The department has implemented the mitigation action and
determined that the action has resulted in the protection, restoration,
or enhancement of the habitat of one or more species that are
proposed to be covered by the Desert Renewable Energy
Conservation Plan, and that are located in the planning area, and,
based upon that determination, can be used, for purposes of
paragraph (2) of subdivision (b) of Section 2081, to fully mitigate
for the impacts of the take of those species from one or more
projects that meet the requirement of subdivision (b).

(2) The mitigation action is included in an interim mitigation
strategy for projects that meet the requirement of subdivision (b).
An interim mitigation strategy pursuant to this paragraph shall be
developed by the department, in consultation with the Energy
Commission and, to the extent practicable, the United States Fish
and Wildlife Service and the United States Bureau of Land
Management, and shall include all of the following:

(A) A description of specific mitigation areas and specific
actions on public or private land within the Desert Renewable
Energy Conservation Plan planning area that are to be
implemented, including a focus on habitat preservation, while also
including enhancement or restoration actions that will do all of the
following:

(i) Contribute to the conservation of each candidate species,
threatened species, or endangered species for which a permit is
issued.

(ii) Adopt a regional planning perspective that provides a
foundation for, or that will complement, any conservation strategy
to be developed for the Desert Renewable Energy Conservation
Plan.

(iii) Implement mitigation actions within a reasonable period
of time relative to the impact to the affected candidate species,
threatened species, or endangered species, including, where
feasible, advance mitigation. For purposes of this clause, “advance
mitigation” means mitigation implemented before, and in
anticipation of, future impacts to natural resources.

(iv) Include a description of the species that would be benefited
by each mitigation action and how it would be benefited.

(B) A cost estimate for each action, whether on public or private
land, using total cost accounting, including, as applicable, land
acquisition costs, conservation easement costs, monitoring costs,
transaction costs, restoration costs, the amount of a perpetual
endowment account for land management or easement stewardship
costs by the department or other management entity, and
administrative costs.

(d) The interim mitigation strategy shall be based on best
available science and shall be reviewed by the Desert Renewable
Energy Conservation Plan independent science advisers. The
department shall seek and consider comments from the Desert
Renewable Energy Conservation Plan independent science advisers
in the design and location of each mitigation action implemented
pursuant to this section. If the department elects to not incorporate
comments of the independent science advisers into mitigation
actions, the department shall explain the reasons for that decision
in writing.

(e) The interim mitigation strategy shall be completed by the
department no later than 60 days following the operative date of
the act adding this section.

(f) (1) This section does not modify the requirements of Section
2081, including the requirement to avoid and minimize impacts,
where feasible, or the requirements of Division 13 (commencing
with Section 21000) of, or Chapter 6 (commencing with Section
25500) of Division 15 of, the Public Resources Code, or affect the
existing authority of the department to authorize mitigation actions
to comply with this chapter.

(2) With respect to the Energy Commission, in the case of an
applicant seeking certification for a solar thermal or geothermal
powerplant pursuant to Chapter 6 (commencing with Section
25500) of Division 15 of the Public Resources Code, or a lead
agency, as defined in Section 21067 of the Public Resources Code,
in the case of an applicant seeking approval of a renewable energy
powerplant not subject to the Energy Commission’s jurisdiction,
the sole effect of a mitigation action described in subdivision (c),
and paid for through the deposit of fees as described in Section
2099, is to relieve an applicant of the obligation to directly take
actions that are taken instead by the department or its contractor
or designee pursuant to subdivision (b) to meet the applicant’s
obligations with respect to mitigating the powerplant’s impacts to
species and habitat. The mitigation action and deposit of fees shall
not relieve the applicant of any other obligation, or the Energy
Commission or the lead agency of any of its existing requirements
of Division 13 (commencing with Section 21000) of, or the
requirements of Chapter 6 (commencing with Section 25500) of
Division 15 of, the Public Resources Code to analyze, avoid,
minimize, or mitigate impacts to species and habitat, or make the
findings required by those statutes.

(g) The mitigation actions implemented pursuant to this section
shall be incorporated into the Desert Renewable Energy
Conservation Plan upon the finalization of the plan, to the extent
the mitigation actions are consistent with the plan’s conservation
strategy.

SEC. 51.  

Section 2119 of the Fish and Game Code is amended
to read:

2119.  

The begin delete Department of Fish and Game end delete begin insert department end insert shall
publish from time to time as changes arise, a list of animals begin delete which end delete
begin insert that end insert may not be imported or transported into this begin delete State. end delete begin insert state. end insert

SEC. 52.  

Section 2348 of the Fish and Game Code is amended
to read:

2348.  

(a)  begin delete Any package in which birds, mammals, fish, reptiles,
or amphibians, or parts thereof, are offered for transportation to,
or are transported or received for transportation by, a common
carrier or his or her 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, reptiles, or amphibians
contained therein clearly and conspicuously marked on the outside
thereof. end delete begin insert The outside of a package offered to or received by a
common carrier or the carrier’s agent for transportation, or
transported by a common carrier or agent, that contains a bird,
mammal, fish, reptile, or amphibian, shall clearly and
conspicuously indicate the following: end insert

begin insert

(1) The name and address of the shipper.

end insert begin insert

(2) The name and address of the consignee.

end insert begin insert

(3) The number and kind of bird, mammal, fish, reptile, and
amphibian contained in the package.

end insert

(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. 53.  

Section 2350 of the Fish and Game Code is amended
to read:

2350.  

It is unlawful to transport or carry begin insert a deer or game bird end insert
out of this begin delete State any deer or game bird, or parts thereof, end delete begin insert state, end insert
except by the holder of a nonresident hunting license or under a
written permit issued by the department.

SEC. 54.  

Section 2363 of the Fish and Game Code is amended
to read:

2363.  

Striped bass, sturgeon, or shad begin delete or parts thereof end delete legally
taken in another begin delete state, which end delete begin insert state that end insert permits the sale of that begin delete fish, end delete
begin insert fish end insert may be imported into begin delete the end delete begin insert this end insert state under regulations of the
commission. Before the commission adopts any regulation pursuant
to this section, a public hearing shall be held in the San Francisco
or Sacramento area.

SEC. 55.  

Section 2400 of the Fish and Game Code is amended
to read:

2400.  

begin delete Common carriers end delete begin insert (a) end insert begin insert   end insert begin insert A common carrier end insert may transport
begin delete at any time the carcasses or parts thereof of end delete begin insert the carcass of a end insert dead
domesticated game begin delete birds and mammals end delete begin insert bird or mammal end insert tagged
with a domesticated game breeder’s tag as provided in Article 1
(commencing with Section begin delete 3200), end delete begin insert 3200) of end insert Chapter begin delete 2, end delete begin insert 2 of end insert Part begin delete 1, end delete
begin insert 1 end insert of Division 4. begin delete In addition, a end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert tag or label shall be affixed to every package containing
begin delete such carcass or part, which shall: end delete begin insert a carcass transported pursuant
to subdivision (a), which shall state all of the following: end insert

begin delete

(a) Give the

end delete

begin insert (1) end insert begin insert   end insert begin insert The end insert names of the person to whom the game breeder’s license
was issued, begin delete of the person by whom such game was killed, of end delete begin insert the
person who killed the game bird or mammal, end insert the person to whom
begin delete such end delete begin insert the end insert game begin insert bird or mammal end insert is consigned, and begin delete of end delete the person begin delete by
whom such game was tagged. end delete begin insert who tagged the game bird or
mammal. end insert

begin delete

(b) Give the

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert number of carcasses or portions thereof contained in
the package.

begin delete

(c) State that

end delete

begin insert (3) end insert begin insert   end insert begin insert That end insert the game birds or mammals were killed and tagged in
accordance with the provisions of Article 1 (commencing with
Section begin delete 3200), end delete begin insert 3200) of end insert Chapter begin delete 2, end delete begin insert 2 of end insert Part begin delete 1, end delete begin insert 1 end insert of Division 4.

SEC. 56.  

Section 2701 of the Fish and Game Code is amended
to read:

2701.  

(a) The fundamental requirement for healthy, vigorous
populations of fish and wildlife is habitat. Without adequate habitat,
efforts to conserve and manage fish and wildlife resources will
have limited success. Further, California contains the greatest
diversity of wildlife and plant species of virtually any state in the
nation. This rich natural heritage enables Californians to enjoy a
great variety of recreational, aesthetic, ecological, and other uses
and benefits of these biological resources. The public interest is
served only by ensuring that these resources are preserved,
protected, and propagated for this and future generations.

(b) Many of California’s wildlife, fish, and plant species and
biological communities are found nowhere else on earth. Without
adequate protection and management, rare native species and
communities could easily become extinct. In begin delete such an end delete begin insert that end insert event,
the benefits they provide to the people of California, whether
presently realized or which remain to be discovered, will be lost
forever, and California will be significantly poorer as a result.

(c) The people of California have vested in the begin delete Department of
Fish and Game end delete begin insert department end insert the principal responsibility for
protecting, conserving, and perpetuating native fish, plants, and
wildlife, including endangered species and game animals, for their
aesthetic, begin delete instrinsic, end delete begin insert intrinsic, end insert ecological, educational, and
economic values. To help accomplish this goal, the people of
California have further established a significant natural areas
program and a natural diversity begin delete data base end delete begin insert database end insert in the
begin delete Department of Fish and Game, end delete begin insert department, end insert which is charged with
maintaining and perpetuating California’s most significant natural
areas for present and future generations. To ensure the perpetuation
of areas containing uncommon elements of natural diversity and
to ensure the continued abundance of habitat for more common
species, especially examples of those begin delete which end delete begin insert that end insert are presently
threatened with destruction, the purchase of land is often necessary.

(d) Accordingly, the purpose of this chapter is to provide the
Wildlife Conservation Board and the begin delete Department of Fish and Game end delete
begin insert department end insert the financial means to correct the most severe
deficiencies in wildlife habitat and in the statewide system of areas
designated for the preservation of California’s natural diversity
through a program of acquisition, enhancement, restoration, and
protection of areas that are most in need of proper conservation.

SEC. 57.  

Section 2729 of the Fish and Game Code is amended
to read:

2729.  

(a) For the purpose of administering this chapter, the
Wildlife Conservation Board and the begin delete Department of Fish and Game end delete
begin insert department end insert shall augment its existing staff, whenever possible, by
contracting for those services necessary for the administration of
this chapter. Any contract shall, however, be entered into only
pursuant to Sections 19130 to 19132, inclusive, of the Government
Code and shall be only for the minimum period necessary for
completion of the particular project or projects for which the
contract was entered into.

(b) Due to the limited duration of the program authorized by
this chapter, in the event some services cannot be provided by
contract, any personnel directly hired by the Wildlife Conservation
Board for the administration of this chapter shall be hired, to the
extent permitted by Article 2 (commencing with Section 19080)
of Chapter begin delete 6 end delete begin insert 5 end insert of Part 2 of Division 5 of Title 2 of the Government
Code, as limited-term appointments.

SEC. 58.  

Section 2805 of the Fish and Game Code is amended
to read:

2805.  

The definitions in this section govern the construction
of this chapter:

(a) “Adaptive management” means to use the results of new
information gathered through the monitoring program of the plan
and from other sources to adjust management strategies and
practices to assist in providing for the conservation of covered
species.

(b) “Candidate species” has the same meaning as defined in
Section 2068.

(c) “Changed circumstances” are reasonably foreseeable
circumstances that could affect a covered species or geographic
area covered by the plan.

(d) “Conserve,” “conserving,” and “conservation” mean to use,
and the use of, methods and procedures within the plan area that
are necessary to bring any covered species to the point at which
the measures provided pursuant to Chapter 1.5 (commencing with
Section 2050) are not necessary, and for covered species that are
not listed pursuant to Chapter 1.5 (commencing with Section 2050),
to maintain or enhance the condition of a species so that listing
pursuant to Chapter 1.5 (commencing with Section 2050) will not
become necessary.

(e) “Covered species” means those species, both listed pursuant
to Chapter 1.5 (commencing with Section 2050) and nonlisted,
conserved and managed under an approved natural community
conservation plan and that may be authorized for take.
Notwithstanding Sections 3511, 4700, 5050, or 5515, fully
protected species may be covered species pursuant to this
subdivision, and taking of fully protected species may be authorized
pursuant to Section 2835 for any fully protected species conserved
and managed as a covered species under an approved natural
community conservation plan.

(f) “Department assurance” means the department’s commitment
pursuant to subdivision (f) of Section 2820.

(g) “Monitoring program” means a program within an approved
natural community conservation plan that provides periodic
evaluations of monitoring results to assess the adequacy of the
mitigation and conservation strategies or activities and to provide
information to direct the adaptive management program. The
monitoring program shall, to the extent practicable, also be used
to meet the monitoring requirements of Section 21081.6 of the
Public Resources Code. A monitoring program includes all of the
following:

(1) Surveys to determine the status of biological resources
addressed by the plan, including covered species.

(2) Periodic accountings and assessment of authorized take.

(3) Progress reports on all of the following matters:

(A) Establishment of habitat reserves or other measures that
provide equivalent conservation of covered species and providing
funding where applicable.

(B) Compliance with the plan and the implementation agreement
by the wildlife agencies, local governments, and landowners who
have responsibilities under the plan.

(C) Measurements to determine if mitigation and conservation
measures are being implemented roughly proportional in time and
extent to the impact on habitat or covered species authorized under
the plan.

(D) Evaluation of the effectiveness of the plan in meeting the
conservation objectives of the plan.

(E) Maps of land use changes in the plan area that may affect
habitat values or covered species.

(4) A schedule for conducting monitoring activities.

(h) “Natural community conservation plan” or “plan” means
the plan prepared pursuant to a planning agreement entered into
in accordance with Section 2810. The plan shall identify and
provide for those measures necessary to conserve and manage
natural biological diversity within the plan area while allowing
compatible and appropriate economic development, growth, and
other human uses.

(i) “Person” has the same meaning as defined in Section 711.2.

(j) (1) “Plan participant,” prior to approval of a natural
community conservation plan and execution of an implementation
agreement, means a signatory to the planning agreement.

(2) Upon approval of a natural community conservation plan
and execution of an implementation agreement, “plan participant”
means the permittees and any local agency that is a signatory to
the implementing agreement.

(k) “Unforeseen circumstances” means changes affecting one
or more species, habitat, natural community, or the geographic
area covered by a conservation plan that could not reasonably have
been anticipated at the time of plan development, and that result
in a substantial adverse change in the status of one or more covered
species.

(l) “Wildlife” has the same meaning as defined in Section begin delete 711.2. end delete
begin insert 89.5. end insert

(m) “Wildlife agencies” means the department and one or both
of the following:

(1) United States Fish and Wildlife Service.

(2) National Marine Fisheries Service.

SEC. 59.  

Section 3003 of the Fish and Game Code is amended
to read:

3003.  

(a) It is unlawful for begin delete any end delete begin insert a end insert person to shoot, shoot at, or
kill begin delete any end delete begin insert a end insert bird or mammal with begin delete any end delete begin insert a end insert gun or other device accessed
via an Internet connection in this state.

(b) It is begin delete further end delete unlawful for begin delete any end delete begin insert a end insert person, firm, corporation,
partnership, limited liability company, association, or other
business entity to do either of the following:

(1) Own or operate a shooting range, site, or gallery located in
the state for begin delete purposes of the end delete begin insert the purpose of end insert online shooting or
spearing of begin delete any end delete begin insert a end insert bird or mammal.

(2) Create, maintain, or utilize an Internet Web site, begin delete or a end delete begin insert or other end insert
service or business begin delete via any other means, from any location within
the state for purposes of the end delete begin insert in this state, for the purpose of end insert online
shooting or spearing of begin delete any end delete begin insert a end insert bird or begin delete mammal for the purposes of
this section. end delete begin insert mammal. end insert

(c) It is unlawful to possess or confine begin delete any end delete begin insert a end insert bird or mammal
in furtherance of an activity prohibited by this section.

(d) It is unlawful for begin delete any end delete begin insert a end insert person in this state to import into,
or export from, this state begin delete any end delete begin insert a end insert bird or begin delete mammal, or any part thereof, end delete
begin insert mammal end insert that is killed by begin delete any end delete begin insert a end insert device accessed via an Internet
connection.

(e)  begin delete Any end delete begin insert A end insert bird or begin delete mammal, or any part thereof, end delete begin insert mammal end insert that is
possessed in violation of this section shall be subject to seizure by
the department.

(f) For the purposes of this section, “online shooting or spearing”
means the use of a computer or begin delete any end delete other device, equipment,
software, or begin delete technology, end delete begin insert technology end insert to remotely control the aiming
and discharge of begin delete any end delete begin insert a end insert weapon, including, but not limited to, begin delete any end delete
begin insert a end insert firearm, bow and arrow, spear, slingshot, harpoon, or begin delete any end delete other
projectile device.

SEC. 60.  

Section 3004 of the Fish and Game Code is amended
to read:

3004.  

(a) It is unlawful for begin delete any end delete begin insert a end insert 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,
begin delete 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. end delete begin insert while within 150 yards of an occupied
dwelling house, residence, or other building, or within 150 yards
of a barn or other outbuilding used in connection with an occupied
dwelling house, residence, or other building, to either hunt or
discharge a firearm or other deadly weapon while hunting. end insert The
150-yard area is a “safety zone.”

(b) It is unlawful for begin delete any end delete begin insert a end insert person to intentionally discharge begin delete any end delete
begin insert a end insert firearm or release begin delete any end delete begin insert an end insert arrow or crossbow bolt over or across
begin delete any end delete begin insert a end insert public road or other established way open to the public in
an unsafe and reckless manner.

SEC. 61.  

Section 3006 of the Fish and Game Code is amended
to read:

3006.  

Except as authorized under a domesticated game
breeder’s license, begin delete any end delete begin insert a end insert deer, elk, or bear kept in captivity may be
killed only with the approval of the department, and begin delete under such
regulations as end delete begin insert pursuant to any regulation that end insert the commission may
begin delete prescribe. end delete begin insert adopt. end insert The begin delete carcass, or any part thereof, of any such
mammal end delete begin insert carcass of a deer, elk, or bear kept in captivity end insert may not
be sold, and shall be disposed of begin delete in such manner as the department
may direct. end delete begin insert as directed by the department. end insert

SEC. 62.  

Section 3007 of the Fish and Game Code is amended
to read:

3007.  

Except as provided in this code or regulations adopted
pursuant begin delete thereto, every person who takes any bird or mammal shall
procure a license or entitlement therefor. end delete begin insert to this code, it is unlawful
to take a bird or mammal without a license or entitlement to do
so. end insert

SEC. 63.  

Section 3033 of the Fish and Game Code is amended
to read:

3033.  

(a)  begin delete The end delete begin insert Pursuant to this section, the end insert department begin delete shall,
upon application and payment of a fee, issue end delete begin insert shall issue to a
disabled veteran or recovering service member who has not been
convicted of a violation of this code end insert a reduced fee hunting begin delete license, end delete
begin insert license end insert that authorizes the licensee to take begin delete any end delete begin insert a end insert bird or mammal
as begin delete otherwise end delete authorized begin delete pursuant to end delete begin insert by end insert this code and regulations
adopted pursuant begin delete thereto, to a disabled veteran, as defined in
subdivision (b), or to a recovering service member, as defined in
subdivision (c), who has not been convicted of any violation of
this code. The base license fee for a reduced fee hunting license
shall be four dollars ($4) for the hunting license year beginning
on July 1, 1995, and, for the following years, this license fee may
be annually reviewed and adjusted in accordance with Section
713. end delete begin insert to this code. end insert

begin insert

(b) The base license fee for a reduced fee hunting license shall
be four dollars ($4) for the hunting license year beginning on July
1, 1995, and, for the following years, this license fee may be
annually reviewed and adjusted in accordance with Section 713.

end insert begin insert

(c) For the purposes of this section, the following terms have
the following meanings:

end insert begin delete

(b)

end delete

begin insert (1) end insert  “Disabled veteran” means a person having a 50 percent or
greater service-connected disability and an honorable discharge
from military service. begin delete The person shall be eligible upon
presentation of proof of an honorable discharge from military
service and proof of the disability. Proof of the disability shall be
by certification from the United States Department of Veterans
Affairs or by presentation of a license issued pursuant to this
section in the preceding license year. end delete

begin delete

(c)

end delete

begin insert (2) end insert  “Recovering service member” means a member of the
military who meets the definition of “recovering service member”
in Section 1602(7) of the federal National Defense
begin delete AuthorizationAct end delete begin insert Authorization Act end insert for Fiscal Year 2008 (Public
Law 110-181). begin delete A person shall be eligible for a reduced fee hunting
license pursuant to this subdivision upon the submission of a letter,
online or in hardcopy, to the department from that person’s
commanding officer or from a military medical doctor stating that
the person is a recovering service member. end delete

(d) A person applying for a reduced fee hunting license shall
submit to the department adequate documentation for the
department to determine whether the person is, in fact, eligible for
a reduced fee hunting license. The department shall not issue a
reduced fee hunting license to begin delete any end delete begin insert a end insert person unless it is satisfied
that the person has provided adequate documentation of eligibility
for that license.

begin insert

(e) A disabled veteran shall submit the following documentation:

end insert begin insert

(1) Proof of an honorable discharge from military service.

end insert begin insert

(2) Proof of the disability described in paragraph (1) of
subdivision (c), either by certification from the United States
Department of Veterans Affairs or by presentation of a license
issued pursuant to this section in the preceding license year.

end insert begin insert

(f) A recovering service member shall submit a letter to the
department stating that the person is a recovering service member
as defined in subdivision (d), from either that person’s commanding
officer or a military medical doctor. The letter may be submitted
either in hard copy form or online.

end insert

SEC. 64.  

Section 3039 of the Fish and Game Code is amended
to read:

3039.  

(a) Except as otherwise provided in this begin delete section and
Sections 3087 and 4303, or any other end delete begin insert section, Section 3087, Section
4303, another end insert provision of this code, or begin delete regulations end delete begin insert a regulation end insert
adopted pursuant begin delete thereto, end delete begin insert to this code, end insert it is unlawful to sell or
purchase begin delete any species of end delete begin insert a end insert bird or mammal begin delete or part thereof end delete found
in the wild in California.

(b) Products or handicraft items made from furbearing mammals
and nongame begin delete mammals, their carcass or parts thereof, end delete begin insert mammals end insert
lawfully taken under the authority of a trapping begin delete license, end delete begin insert license end insert
may be purchased or sold at any time.

(c) Shed antlers, or antlers taken from domestically reared
animals that have been manufactured into products or handicraft
items, or that have been cut into blocks or units which are to be
handcrafted or manufactured into those articles may be purchased
or sold at any time. However, complete antlers, whole heads with
antlers, antlers that are mounted for display, or antlers in velvet
may not be sold or purchased at any time, except as authorized by
Section 3087.

(d) Notwithstanding Section 3504, inedible parts of domestically
raised game birds may be sold or purchased at any time.

(e)  begin delete Any end delete begin insert A end insert person who illegally takes begin delete any end delete begin insert a end insert bird or mammal for
profit or for personal gain by engaging in begin delete any end delete begin insert an end insert activity authorized
by this section is subject to civil liability pursuant to Section 2582.

SEC. 65.  

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 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.

(b) The department may designate as a hunter education
instructor any person found by it to be competent to give instruction
in the courses required in this article. begin delete 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. end delete

begin insert

(c) A hunter education instructor shall issue a certificate of
completion as provided by the department to a person who
completes a course of instruction in hunter safety, principles of
conservation, and sportsmanship.

end insert begin delete

(c)

end delete

begin insert (d) end insert  The department shall prescribe a minimum level of skill and
knowledge to be required of all hunter education instructors, and
may limit the number of students per instructor in all required
classes.

begin delete

(d)

end delete

begin insert (e) end insert  The department may revoke the certificate of begin delete any end delete begin insert an end insert
instructor when, in the opinion of the department, it is in the best
interest of the state to do so.

begin delete

(e) (1) 

end delete

begin insert (f) end insert begin insert   end insert In order to recruit and retain hunter education instructors,
the department shall offer special hunting opportunities to qualified
hunter education instructors by providing a limited number of
existing tags and other hunting opportunities. The department may
provide these tags and hunting opportunities through any of the
following methods:

begin delete

(A)

end delete

begin insert (1) end insert  The private lands management program described in Article
5 (commencing with Section 3400) of Chapter 2.

begin delete

(B)

end delete

begin insert (2) end insert  The Shared Habitat Alliance for Recreational Enhancement
(SHARE) program described in Article 3 (commencing with
Section 1570) of Chapter 5 of Division 2.

begin delete

(C)

end delete

begin insert (3) end insert  Entering into cooperative agreements with federal, state,
and local agencies that hold title to, or administer, lands or waters.

begin delete

(D)

end delete

begin insert (4) end insert  Entering into cooperative agreements with landowners or
tenants seeking depredation permits for game mammals as
described in Section 4188.

begin delete

(E)

end delete

begin insert (5) end insert  Authorizing a maximum of 15 tags from the annual tag
quota, as determined by the department.

begin delete

(2)

end delete

begin insert (g) end insert  The department shall determine eligibility criteria for hunter
education instructors seeking begin insert the end insert hunting opportunities offered
pursuant to begin delete this subdivision. The department shall select hunter
education instructors who meet these criteria for opportunities
pursuant to this subdivision only by random drawing. end delete begin insert subdivision
(f). The department shall offer hunting opportunities to eligible
hunter education instructors only by random drawing. end insert

begin delete

(f)

end delete

begin insert (h) end insert  The department may adopt regulations to implement this
section.

SEC. 66.  

Section 3052 of the Fish and Game Code is amended
to read:

3052.  

begin delete No fee shall end delete begin insert A person receiving instruction from a hunter
education instructor shall not end insert be charged begin delete for the instructor’s
service, however, end delete begin insert a fee for the service provided by the instructor,
but may be charged end insert a fee to cover the begin delete cost of giving such
instructions may be charged each person participating and receiving
such instructions. end delete begin insert costs incurred by the instructor in teaching the
class. end insert A record of begin delete such expenses end delete begin insert these costs end insert shall be kept for
inspection by the department. begin delete Such expenses end delete begin insert Costs end insert may include,
but begin insert are end insert not begin delete be end delete limited to, begin delete such items as end delete range fees, begin delete ammunition end delete
begin insert ammunition, end insert and transportation of students.

SEC. 67.  

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 begin insert a end insert game begin delete birds or mammals end delete begin insert bird or
mammal end insert from a donor to give to a charitable organization or
charitable entity. begin delete 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. end delete

begin delete

(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:

end delete begin insert

(b) A person may possess a game bird or mammal during a
period other than the open season for that game bird or mammal,
up to the possession limit allowed for that game bird or mammal
during the open season, in any of the following circumstances:

end insert

(1) The person begin delete has in his or her possession end delete begin insert possesses end insert a hunting
license and begin insert a end insert validated tag or tags for the species possessed, or
begin delete copies end delete begin insert a copy end insert of the license and tag or tags. The license and tag
or tags shall have been issued to that person for the current or
immediate past license year.

(2) The person begin insert is a donor intermediary who end insert received the game
bird or mammal from a begin delete person end delete begin insert donor end insert described in paragraph (1),
and begin delete the recipient end delete has begin insert a written confirmation of the donation that
is signed and dated by the donor, and end insert a photocopy of the donor’s
hunting license and the applicable validated tag or tags begin delete that has
been signed and dated by the donor confirming the donation. The
photocopied license and tag or tags shall be end delete from the current or
immediate past license year.

(3) The person begin insert is a donor intermediary who end insert received the game
bird or mammal from a begin delete person end delete begin insert donor end insert described in paragraph (1),
and begin delete the recipient end delete has a begin insert written confirmation of the donation end insert signed
and dated begin delete document confirming the donation that end delete begin insert by the donor,
which end insert includes the donor’s name, address, hunting license number,
and applicable tag numbers for the species possessed. The license
and tag or tags shall be for the current or immediate past license
year.

(c) The documentation required by subdivision (b) shall be made
available to the department as described in Section 2012. begin delete Charitable
organizations or charitable entities end delete begin insert There is no required format for
the documentation. Any written documentation containing the
required information shall be deemed to comply with this section.
A charitable organization or charitable entity end insert receiving and
distributing begin delete game birds or mammals end delete begin insert a game bird or mammal end insert for
begin insert a end insert charitable or humane begin delete purposes, end delete begin insert purpose end insert shall maintain the
documentation described in paragraph (2) or (3) of subdivision (b)
for one year from the date of disposal.

(d) This section does not authorize the possession of begin delete game birds
or carcasses or parts of end delete a game bird begin delete or carcass end delete contrary to
regulations begin delete issued end delete begin insert adopted end insert pursuant to the federal Migratory Bird
Treaty Act (16 U.S.C. Sec. 703 et seq.).

(e) On or before January 1, 2015, and subject to the requirements
of subdivision (d), the commission shall recommend legislation
or adopt regulations to clarify when a possession limit is not
violated by processing into food lawfully taken game birds or
mammals.

SEC. 68.  

Section 3240.5 of the Fish and Game Code is
amended to read:

3240.5.  

(a)  begin delete As used in end delete begin insert For purposes of end insert this article, begin delete “property” end delete
begin insert the following terms have the following meanings: end insert

begin insert

(1) “Commercial hunting club” means property with respect
to which a fee is imposed or collected for either of the following:

end insert begin insert

(A) Taking or attempting to take birds or mammals on the
property.

end insert begin insert

(B) A type of entry or use permit that includes permission to
take birds or mammals on the property.

end insert

begin insert (2) end insert begin insert   end insert begin insert “Property” end insert means a number of contiguous legal parcels
begin delete held by an owner or a combination of end delete begin insert owned by one or more end insert
owners and held out for a common purpose.

(b) A person, including, but not limited to, begin delete a renter or end delete begin insert an owner,
renter, or end insert lessee, begin insert who is end insert in possession or control of begin delete property on or
with respect to which a fee for the privilege of taking birds or
mammals is imposed or collected, or on or with respect to which
a fee for any type of entry or use permit that includes the privilege
of taking birds or mammals on the property is imposed or collected,
is maintaining a commercial hunting club if birds or mammals are
taken on the property, and shall procure a “commercial hunting
club license” before birds or mammals are taken. end delete begin insert a commercial
hunting club, shall procure a commercial hunting club license
before a bird or mammal may be taken on the property. end insert

(c) This article does not apply begin delete if the property meets any of the
following conditions: end delete begin insert under any of the following circumstances: end insert

(1)  begin delete The landowner, or the end delete begin insert The fees described in paragraph (1)
of subdivision (a) that are received by the owner, end insert renter or begin delete lessee, end delete
begin insert lessee end insert of the property begin delete receives end delete begin insert are end insert less than one hundred dollars
($100) per entrant and begin delete receives end delete begin insert total end insert less than begin delete a total of end delete one
thousand dollars ($1,000) between July 1 and the following June
begin delete 30 for permission, entry access, or use fees that include the
privilege of hunting on the property in his or her possession or
control. The end delete begin insert 30. Pursuant to Section 713, end insert department may adjust
the threshold amounts established in this begin delete paragraph pursuant to
Section 713. end delete begin insert paragraph. end insert

begin delete

(2) The property is used by a hunting club or program licensed
under regulations adopted pursuant to this code.

end delete begin delete

(3) The property is used for an officially sanctioned field trial
event pursuant to regulations adopted pursuant to this code.

end delete begin delete

(4)

end delete

begin insert (2) end insert  The property is used in conjunction with the Shared Habitat
Alliance for Recreational Enhancement (SHARE) program under
Article 3 (commencing with Section 1570) of Chapter 5 of Division
2.

begin delete

(5)

end delete

begin insert (3) end insert  A domesticated game bird hunting club licensed under
Article 3 (commencing with Section 3270) operates on the
property.

begin delete

(6)

end delete

begin insert (4) end insert  A domesticated migratory game bird shooting area licensed
under Article 4 (commencing with Section 3300) operates on the
property.

begin insert

(5) The property is used by a hunting club or program licensed
under regulations adopted pursuant to this code.

end insert begin delete

(7)

end delete

begin insert (6) end insert  The property is used in conjunction with the private wildlife
habitat enhancement and management program under Article 5
(commencing with Section 3400).

begin insert

(7) The property is used for an officially sanctioned field trial
event pursuant to regulations adopted pursuant to this code.

end insert

(8) The property is subject to a recorded state, federal, or
nonprofit wildlife conservation or agricultural easement or begin delete any
property end delete begin insert is end insert enrolled in a habitat protection or enhancement program
under this code, including, but not limited to, Article 7
(commencing with Section 3460).

(d) This begin delete article end delete begin insert chapter end insert does not apply to begin delete a landowner who rents
or leases his or her property to the end delete begin insert an owner of property that is
rented or leased to a end insert commercial hunting begin delete club and end delete begin insert club, if the
owner end insert is not involved in the operation of the begin delete club, if end delete begin insert club and end insert the
club is licensed in accordance with this begin delete article. end delete begin insert chapter. end insert

SEC. 69.  

Section 3243.5 of the Fish and Game Code is
amended to read:

3243.5.  

The commission may transfer a begin insert commercial hunting
club end insert license to begin insert other end insert land owned or controlled by the licensee,
begin delete other than that land specified in the original application, located end delete
in the same county as the begin delete original end delete begin insert originally licensed end insert land, without
begin delete any end delete begin insert an end insert additional fee, if begin delete it end delete begin insert the commission end insert finds the new land begin delete is end delete
suitable for the purposes of the license and begin delete such a end delete begin insert the end insert transfer begin delete is
not in end delete begin insert does not end insert conflict with the public interest.

SEC. 70.  

Section 3504 of the Fish and Game Code is amended
to read:

3504.  

Subject to the provisions of this code permitting the sale
of domestically raised game birds, it is unlawful to sell or purchase
begin delete any end delete begin insert a end insert game bird or nongame begin delete bird or part thereof. end delete begin insert bird. end insert

SEC. 71.  

Section 3511 of the Fish and Game Code is amended
to read:

3511.  

(a) (1) Except as provided in begin insert this section, end insert Section begin delete 2081.7 end delete
begin insert 2081.7, end insert or begin insert Section end insert 2835, begin insert a end insert fully protected begin delete birds or parts thereof end delete
begin insert bird end insert may not be taken or possessed at any time. No provision of
this code or any other law shall be construed to authorize the
issuance of begin delete permits or licenses end delete begin insert a permit or license end insert to take begin delete any end delete begin insert a end insert
fully protected bird, and no begin delete permits or licenses heretofore end delete begin insert permit
or license previously end insert issued shall have any force or effect for that
purpose. However, the department may authorize the taking of
begin delete those species end delete begin insert a fully protected bird end insert for necessary scientific research,
including efforts to recover fully protected, threatened, or
endangered species, and may authorize the live capture and
relocation of begin delete those species end delete begin insert a fully protected bird end insert pursuant to a
permit for the protection of livestock. begin delete Prior to end delete begin insert Before end insert authorizing
the take of begin delete any of those species, end delete begin insert a fully protected bird, end insert the
department shall make an effort to notify all affected and interested
parties to solicit information and comments on the proposed
authorization. The notification shall be published in the California
Regulatory Notice Register and be made available to each person
who has notified the department, in writing, of his or her interest
in fully protected species and who has provided an e-mail address,
if available, or postal address to the department. Affected and
interested parties shall have 30 days after notification is published
in the California Regulatory Notice Register to provide begin delete any end delete relevant
information and comments on the proposed authorization.

(2) As used in this subdivision, “scientific research” does not
include begin delete any actions end delete begin insert an action end insert taken as part of specified mitigation
for a project, as defined in Section 21065 of the Public Resources
Code.

(3)  begin delete Legally end delete begin insert A legally end insert imported fully protected begin delete birds or parts
thereof end delete begin insert bird end insert may be possessed under a permit issued by the
department.

(b) The following are fully protected birds:

(1) American peregrine falcon (Falco peregrinus anatum).

(2) Brown pelican.

(3) California black rail (Laterallus jamaicensis coturniculus).

(4) California clapper rail (Rallus longirostris obsoletus).

(5) California condor (Gymnogyps californianus).

(6) California least tern (Sterna albifrons browni).

(7) Golden eagle.

(8) Greater sandhill crane (Grus canadensis tabida).

(9) Light-footed clapper rail (Rallus longirostris levipes).

(10) Southern bald eagle (Haliaeetus leucocephalus
leucocephalus).

(11) Trumpeter swan (Cygnus buccinator).

(12) White-tailed kite (Elanus leucurus).

(13) Yuma clapper rail (Rallus longirostris yumanensis).

SEC. 72.  

Section 4150 of the Fish and Game Code is amended
to read:

4150.  

begin delete All mammals end delete begin insert A mammal end insert occurring naturally in California
begin delete which are end delete begin insert that is end insert not begin insert a end insert game begin delete mammals, end delete begin insert mammal, end insert fully protected
begin delete mammals, end delete begin insert mammal, end insert or fur-bearing begin delete mammals, are end delete begin insert mammal is a end insert
nongame begin delete mammals. Nongame mammals or parts thereof end delete begin insert mammal.
A nongame mammal end insert may not be taken or possessed except as
provided in this code or in accordance with regulations adopted
by the commission.

SEC. 73.  

Section 4155 of the Fish and Game Code is amended
to read:

4155.  

(a) Beginning January 1, 2014, it shall be unlawful to
trap begin delete any end delete begin insert a end insert bobcat, or attempt to do so, or to sell or export begin delete any end delete begin insert a end insert
bobcat begin delete or part of any bobcat end delete taken in the area surrounding Joshua
Tree National Park, defined as follows: East and South of State
Highway 62 from the intersection of Interstate 10 to the intersection
of State Highway 177; West of State Highway 177 from the
intersection of State Highway 62 to the intersection with Interstate
10; North of Interstate 10 from State Highway 177 to State
Highway 62.

(b) (1) Through the commission’s next regularly scheduled
mammal hunting and trapping rulemaking process occurring after
January 1, 2014, the commission shall amend its regulations to
prohibit the trapping of bobcats adjacent to the boundaries of each
national or state park and national monument or wildlife refuge in
which bobcat trapping is prohibited.

(2) Commencing January 1, 2016, the commission shall consider
whether to prohibit bobcat trapping within, and adjacent to,
preserves, state conservancies, and any additional public or private
conservation areas identified to the commission by the public as
warranting protection. The commission, as necessary, shall amend
its regulations through its next subsequently scheduled mammal
hunting and trapping rulemaking process to prohibit bobcat
trapping in any area determined by the commission to warrant
protection.

(3) The commission shall delineate the boundaries of an area
in which bobcat trapping is prohibited pursuant to paragraph (1)
or (2) using readily identifiable features, such as highways or other
major roads, such as those delineated for Joshua Tree National
Park in subdivision (a).

(c) The prohibition on the trapping of bobcats in the areas
designated pursuant to subdivisions (a) and (b) shall not apply to
the taking of begin delete any end delete begin insert a end insert bobcat by begin delete employees end delete begin insert an employee end insert of the
department acting in an official capacity, to a taking in accordance
with the conditions of a scientific, educational, or propagation
permit pursuant to Section 1002 by the holder of that permit, or
to the lawful taking of begin delete bobcats end delete begin insert a bobcat end insert found to be injuring crops
or other begin delete property end delete begin insert property, end insert pursuant to Section begin delete 4152 or other
provisions end delete begin insert 4152, another provision end insert of this begin delete code or regulations end delete
begin insert code, or a regulation end insert adopted pursuant to this code.

(d) Notwithstanding Section 2016 or any other begin delete provisions end delete
begin insert provision end insert of this code, on and after January 1, 2014, it shall be
unlawful to trap begin delete any end delete begin insert a end insert bobcat, or attempt to do so, on begin delete any end delete private
land not belonging to the trapper without the express written
consent of the owner of that property. The placing or possession
of begin delete any end delete begin insert a end insert trap or the possession of a bobcat begin delete or part thereof end delete on begin delete any end delete
land is prima facie evidence of a violation of this subdivision.

(e) Consistent with the requirements of subdivision (c) of
Section 4006, the commission shall set trapping license fees and
associated fees, including, but not limited to, shipping tags required
pursuant to Section 479 of Chapter 6 of Subdivision 2 of Division
1 of Title 14 of the California Code of Regulations, for the 2014-15
season, and any subsequent seasons in which bobcat trapping is
allowed, at the levels necessary to fully recover all reasonable
administrative and implementation costs of the department and
the commission associated with the trapping of bobcats in the state,
including, but not limited to, enforcement costs.

(f) This section does not limit the ability of the department or
the commission to impose additional requirements, restrictions,
or prohibitions related to the taking of bobcats, including a
complete prohibition on the trapping of bobcats pursuant to this
code.

SEC. 74.  

Section 4700 of the Fish and Game Code is amended
to read:

4700.  

(a) (1) Except as provided in begin insert this section, end insert Section begin delete 2081.7 end delete
begin insert 2081.7, end insert or begin insert Section end insert 2835, begin insert a end insert fully protected begin delete mammals or parts thereof end delete
begin insert mammal end insert may not be taken or possessed at any time. No provision
of this code or any other law shall be construed to authorize the
issuance of begin delete permits or licenses end delete begin insert a permit or license end insert to take begin delete any end delete begin insert a end insert
fully protected mammal, and no begin delete permits or licenses heretofore end delete
begin insert permit or license previously end insert issued shall have any force or effect
for that purpose. However, the department may authorize the taking
of begin delete those species end delete begin insert a fully protected mammal end insert for necessary scientific
research, including efforts to recover fully protected, threatened,
or endangered species. begin delete Prior to end delete begin insert Before end insert authorizing the take of begin delete any
of those species, end delete begin insert a fully protected mammal, end insert the department shall
make an effort to notify all affected and interested parties to solicit
information and comments on the proposed authorization. The
notification shall be published in the California Regulatory Notice
Register and be made available to each person who has notified
the department, in writing, of his or her interest in fully protected
species and who has provided an e-mail address, if available, or
postal address to the department. Affected and interested parties
shall have 30 days after notification is published in the California
Regulatory Notice Register to provide begin delete any end delete relevant information
and comments on the proposed authorization.

(2) As used in this subdivision, “scientific research” does not
include begin delete any actions end delete begin insert an action end insert taken as part of specified mitigation
for a project, as defined in Section 21065 of the Public Resources
Code.

(3)  begin delete Legally end delete begin insert A legally end insert imported fully protected begin delete mammals or parts
thereof end delete begin insert mammal end insert may be possessed under a permit issued by the
department.

(b) The following are fully protected mammals:

(1) Morro Bay kangaroo rat (Dipodomys heermanni morroensis).

(2) Bighorn sheep (Ovis canadensis), except Nelson bighorn
sheep (subspecies Ovis canadensis nelsoni) as provided by
subdivision (b) of Section 4902.

(3) Northern elephant seal (Mirounga angustirostris).

(4) Guadalupe fur seal (Arctocephalus townsendi).

(5) Ring-tailed cat (genus Bassariscus).

(6) Pacific right whale (Eubalaena sieboldi).

(7) Salt-marsh harvest mouse (Reithrodontomys raviventris).

(8) Southern sea otter (Enhydra lutris nereis).

(9) Wolverine (Gulo luscus).

SEC. 75.  

Section 4800 of the Fish and Game Code is amended
to read:

4800.  

(a) The mountain lion (genus Puma) is a specially
protected mammal under the laws of this state.

(b) (1) It is unlawful to take, injure, possess, transport, import,
or sell begin delete any end delete begin insert a end insert mountain lion begin delete or any part end delete or begin insert a end insert product begin delete thereof, end delete begin insert of a
mountain lion, end insert except as specifically provided in this chapter or
in Chapter 2 (commencing with Section 2116) of Division 3.

(2) This chapter does not prohibit the sale or possession of begin delete any end delete
begin insert a end insert mountain lion begin delete or any part end delete or begin insert a end insert product begin delete thereof, end delete begin insert of a mountain
lion, end insert when the owner can demonstrate that the mountain lion, begin delete or
part end delete or product begin delete thereof, end delete begin insert of a mountain lion, end insert was in the person’s
possession on June 6, 1990.

(3) This chapter does not prohibit the possession of a mountain
lion carcass or begin delete any part or end delete begin insert a end insert product of a mountain lion carcass, if
all of the following requirements are met:

(A) The carcass or carcass begin delete part or end delete product is prepared or being
prepared for display, exhibition, or storage, for a bona fide
scientific or educational purpose, at a nonprofit museum or
government-owned facility generally open to the public or at an
educational institution, including a public or private postsecondary
institution.

(B) The mountain lion was taken in California consistent with
the requirements of this chapter and any other applicable law.

(C) The department has authorized the possession of the carcass
or carcass begin delete part or end delete product for the purposes of this paragraph.

(c)  begin delete Any end delete begin insert A end insert violation of this section is a misdemeanor punishable
by imprisonment in the county jail for not more than one year, or
a fine of not more than ten thousand dollars ($10,000), or by both
that fine and imprisonment. An individual is not guilty of a
violation of this section if it is demonstrated that, in taking or
injuring a mountain lion, the individual was acting in self-defense
or in defense of others.

(d) Section 219 does not apply to this chapter. Neither the
commission nor the department shall adopt any regulation that
conflicts with or supersedes begin delete any of the provisions end delete begin insert a provision end insert of
this chapter.

SEC. 76.  

Section 4810 of the Fish and Game Code is amended
to read:

4810.  

(a) As used in this section:

(1) “Authorized research project” means a research project
involving mountain lions subject to a Scientific Collecting Permit
issued in accordance with this section.

(2) “Permitholder” means a person to whom the department has
issued a Scientific Collecting Permit in accordance with this
section.

(3) “Scientific Collecting Permit” or “permit” means a permit
issued pursuant to Section 1002 for a research project involving
mountain lions in accordance with this section.

(b) The department may authorize qualified individuals,
educational institutions, governmental agencies, or
nongovernmental organizations to conduct scientific research
involving mountain lions pursuant to a Scientific Collecting Permit
as provided in Section 1002.

(c) The department may authorize begin delete permitholders end delete begin insert a permitholder end insert
to pursue, capture, temporarily possess, temporarily injure, mark,
begin delete attach to or end delete surgically implant begin insert a end insert monitoring or recognition begin delete devices
in, end delete begin insert device in or attach such a device to, end insert provide veterinary care to,
and transport, begin insert a end insert mountain begin delete lions, or any part end delete begin insert lion end insert or begin insert a end insert product of a
mountain lion.

(d) In addition to the requirements in Section 1002, an
authorized research project shall be designed to do the following:

(1) Contribute to the knowledge of natural wildlife ecosystems.

(2) Minimize disruptions in the lives and movements of
mountain lions and other wildlife, as well as impacts to mountain
lion or other wildlife habitat, while maintaining the permitholder’s
research objectives.

(3) Directly or indirectly support the sustainability and survival
of mountain lion populations and healthy ecosystems.

(4) Prevent the permanent injury or killing of begin delete any end delete begin insert a end insert mountain
lion.

(e) An authorized research project shall be governed by the
Scientific Collecting Permit. The permit shall include, at a
minimum, proposed research methods and recordkeeping
procedures that address the following:

(1) The capture of, anesthetization of, collection of diagnostic
samples from, and transport of, begin insert a end insert mountain begin delete lions or parts and
products thereof, and the attaching to or surgincally implanting end delete
begin insert lion or a product of a mountain lion. end insert

begin insert (2) end insert begin insert   end insert begin insert Attaching end insert monitoring or recognization devices begin delete or markings
in, and providing end delete begin insert to, surgically implanting those devices in, or
marking, animals affected by the research project. end insert

begin insert (3) end insert begin insert   end insert begin insert Providing end insert veterinary care as required for the health, safety,
and humane treatment begin delete of, end delete begin insert of end insert animals affected by the research
project.

begin delete

(2)

end delete

begin insert (4) end insert  The recording of the adverse effects of authorized research
procedures on mountain lions and other wildlife.

begin delete

(3)

end delete

begin insert (5) end insert  The qualifications of onsite personnel necessary for carrying
out authorized research procedures. A permit applicant shall submit
verifiable documentation demonstrating that at least one onsite
staff person has at least one year of experience in proposed research
methods that involve activities described in subdivision (c).

begin delete

(4)

end delete

begin insert (6) end insert  Annual and final reports to the department.

(f) The department shall notify the public at least 30 days prior
to the issuance of a permit, and, upon request, shall make available
to the public copies of the permit and annual and final reports.

(g) The department shall handle begin delete any end delete mortality or permanent
injury to a mountain lion as a result of research authorized pursuant
to this section in a manner consistent with the reporting and
processing requirements imposed in Section 4807.

SEC. 77.  

Section 5000 of the Fish and Game Code is amended
to read:

5000.  

It is unlawful to sell, purchase, harm, take, possess, begin delete or
transport any tortoise (Gopherus) or parts thereof, or to end delete begin insert transport,
or end insert shoot begin delete any end delete begin insert a end insert projectile begin delete at end delete begin insert at, end insert a tortoise (Gopherus). This section
does not apply to the taking of begin delete any end delete begin insert a end insert tortoise when authorized by
the department.

SEC. 78.  

Section 5002 of the Fish and Game Code is amended
to read:

5002.  

The department may issue permits, subject to begin delete such end delete begin insert any end insert
terms and conditions begin delete as the commission may prescribe, end delete begin insert prescribed
by the commission, end insert authorizing the possession of begin delete any end delete begin insert a end insert tortoise
(Gopherus) or begin delete any part or end delete product begin delete thereof end delete begin insert of a tortoise end insert by an
educational or scientific institution or a public zoological garden.

SEC. 79.  

Section 5050 of the Fish and Game Code is amended
to read:

5050.  

(a) (1) Except as provided in begin insert this section, end insert Section
2081.7, begin insert Section end insert 2081.9, or begin insert Section end insert 2835, begin insert a end insert fully protected begin delete reptiles
and amphibians or parts thereof end delete begin insert reptile or amphibian end insert may not be
taken or possessed at any time. No provision of this code or any
other law shall be construed to authorize the issuance of begin delete permits
or licenses end delete begin insert a permit or license end insert to take begin delete any end delete begin insert a end insert fully protected reptile
or amphibian, and no begin delete permits or licenses heretofore end delete begin insert permit or
license previously end insert issued shall have any force or effect for that
purpose. However, the department may authorize the taking of
begin delete those species end delete begin insert a fully protected reptile or amphibian end insert for necessary
scientific research, including efforts to recover fully protected,
threatened, or endangered species. begin delete Prior to end delete begin insert Before end insert authorizing the
take of begin delete any of those species, end delete begin insert a fully protected reptile or amphibian, end insert
the department shall make an effort to notify all affected and
interested parties to solicit information and comments on the
proposed authorization. The notification shall be published in the
California Regulatory Notice Register and be made available to
each person who has notified the department, in writing, of his or
her interest in fully protected species and who has provided an
email address, if available, or postal address to the department.
Affected and interested parties shall have 30 days after notification
is published in the California Regulatory Notice Register to provide
begin delete any end delete relevant information and comments on the proposed
authorization.

(2) As used in this subdivision, “scientific research” does not
include begin delete any actions end delete begin insert an action end insert taken as part of specified mitigation
for a project, as defined in Section 21065 of the Public Resources
Code.

(3)  begin delete Legally end delete begin insert A legally end insert imported fully protected begin delete reptiles or
amphibians or parts thereof end delete begin insert reptile or amphibian end insert may be possessed
under a permit issued by the department.

(b) The following are fully protected reptiles and amphibians:

(1) Blunt-nosed leopard lizard (Crotaphytus wislizenii silus).

(2) San Francisco garter snake (Thamnophis sirtalis tetrataenia).

(3) Santa Cruz long-toed salamander (Ambystoma
macrodactylum croceum).

(4) Limestone salamander (Hydromantes brunus).

(5) Black toad (Bufo boreas exsul).

SEC. 80.  

Section 5515 of the Fish and Game Code is amended
to read:

5515.  

(a) (1) Except as provided in begin insert this section, end insert Section begin delete 2081.7 end delete
begin insert 2081.7, end insert or begin insert Section end insert 2835, begin insert a end insert fully protected fish begin delete or parts thereof end delete may
not be taken or possessed at any time. No provision of this code
or any other law shall be construed to authorize the issuance of
begin delete permits or licenses end delete begin insert a permit or license end insert to take begin delete any end delete begin insert a end insert fully protected
fish, and no begin delete permits or licenses heretofore end delete begin insert permit or license
previously end insert issued shall have begin delete any end delete force or effect for that purpose.
However, the department may authorize the taking of begin delete those species end delete
begin insert a fully protected fish end insert for necessary scientific research, including
efforts to recover fully protected, threatened, or endangered species.
begin delete Prior to end delete begin insert Before end insert authorizing the take of begin delete any of those species, end delete begin insert a fully
protected fish, end insert the department shall make an effort to notify all
affected and interested parties to solicit information and comments
on the proposed authorization. The notification shall be published
in the California Regulatory Notice Register and be made available
to each person who has notified the department, in writing, of his
or her interest in fully protected species and who has provided an
e-mail address, if available, or postal address to the department.
Affected and interested parties shall have 30 days after notification
is published in the California Regulatory Notice Register to provide
begin delete any end delete relevant information and comments on the proposed
authorization.

(2) As used in this subdivision, “scientific research” does not
include begin delete any actions end delete begin insert an action end insert taken as part of specified mitigation
for a project, as defined in Section 21065 of the Public Resources
Code.

(3)  begin delete Legally end delete begin insert A legally end insert imported fully protected fish begin delete or parts
thereof end delete may be possessed under a permit issued by the department.

(b) The following are fully protected fish:

(1) Colorado River squawfish (Ptychocheilus lucius).

(2) Thicktail chub (Gila crassicauda).

(3) Mohave chub (Gila mohavensis).

(4) Lost River sucker (Catostomus luxatus).

(5) Modoc sucker (Catostomus microps).

(6) Shortnose sucker (Chasmistes brevirostris).

(7) Humpback sucker (Xyrauchen texanus).

(8) Owens River pupfish (Cyprinoden radiosus).

(9) Unarmored threespine stickleback (Gasterosteus aculeatus
williamsoni).

(10) Rough sculpin (Cottus asperrimus).

SEC. 81.  

Section 6440 of the Fish and Game Code is amended
to read:

6440.  

The Legislature finds and declares that triploid grass
carp have the potential to control aquatic nuisance plants in
non-public waters allowing for reduced chemical control but that
the threat that grass carp pose to aquatic habitat may outweigh its
benefits. It is the intent of this section to allow the begin delete Department of
Fish and Game end delete begin insert department end insert to use its management authority to
provide for the long-term health of the ecosystem in the state
including the aquatic ecosystem, and in that context, manage grass
carp either through control of movement, eradication of
populations, acquisition of habitat and any other action that the
department finds will maintain the biological diversity and the
long term, overall health of the state’s environment. The
department shall undertake the management of grass carp in a
manner that is consistent with provisions of this code and for the
purposes of this section the department shall define management
as handling, controlling, destroying, or moving species. The
Legislature does not intend for this section to provide a right for
the use of triploid grass carp if the department finds that use of the
species poses an unacceptable risk to the state’s existing ecosystem.

SEC. 82.  

Section 6901 of the Fish and Game Code is amended
to read:

6901.  

The Legislature, for purposes of this chapter, finds as
follows:

(a)  According to the department, the natural production of
salmon and steelhead trout in California has declined to
approximately 1,000,000 adult chinook or king salmon, 100,000
coho or silver salmon, and 150,000 steelhead trout.

(b) The naturally spawning salmon and steelhead trout resources
of the state have declined dramatically within the past four decades,
primarily as a result of lost stream habitat on many streams in the
state.

(c) Much of the loss of salmon and steelhead trout and
anadromous fish in the state has occurred in the central valley.

(d)  Protection of, and an increase in, the naturally spawning
salmon and steelhead trout resources of the state would provide a
valuable public resource to the residents, a large statewide
economic benefit, and would, in addition, provide employment
opportunities not otherwise available to the citizens of this state,
particularly in rural areas of present underemployment.

(e) Proper salmon and steelhead trout resource management
requires maintaining adequate levels of natural, as compared to
hatchery, spawning and rearing.

(f) Reliance upon hatchery production of salmon and steelhead
trout in California is at or near the maximum percentage that it
should occupy in the mix of natural and artificial hatchery
production in the state. Hatchery production may be an appropriate
means of protecting and increasing salmon and steelhead in specific
situations; however, when both are feasible alternatives, preference
shall be given to natural production.

(g) The protection of, and increase in, the naturally spawning
salmon and steelhead trout of the state must be accomplished
primarily through the improvement of stream habitat.

(h) Funds provided by the Legislature since 1978 to further the
protection and increase of the fisheries of the state have been
administered by the begin delete Department of Fish and Game end delete begin insert department end insert in
a successful program of contracts with local government and
nonprofit agencies and private groups in ways that have attracted
substantial citizen effort.

(i) The department’s contract program has demonstrated that
California has a large and enthusiastic corps of citizens that are
eager to further the restoration of the stream and fishery resources
of this state and that are willing to provide significant amounts of
time and labor to that purpose.

(j) There is need for a comprehensive salmon, steelhead trout,
and anadromous fisheries plan, program, and state government
organization to guide the state’s efforts to protect and increase the
naturally spawning salmon, steelhead trout, and anadromous fishery
resources of the state.

SEC. 83.  

Section 7183 of the Fish and Game Code is amended
to read:

7183.  

(a) The Arizona Game and Fish Commission shall
handle California sportfishing licenses and California special use
stamps and issue them to Arizona license dealers. Prior to August
31 of each year, that commission shall make an audit report and
send a remittance for those sales to the begin delete California Department of
Fish and Game. end delete begin insert department. end insert

(b) The begin delete California Department of Fish and Game end delete begin insert department end insert
shall handle Arizona special use stamps and issue them to
California license dealers. Prior to August 31 of each year, that
department shall make an audit report and send a remittance for
those sales to the Arizona Game and Fish Commission.

(c) This section does not apply to licenses, permits, reservations,
tags, or other entitlements issued through the Automated License
Data System.

SEC. 84.  

Section 7183.1 of the Fish and Game Code is
amended to read:

7183.1.  

(a) The Arizona Game and Fish Commission shall
handle California sportfishing licenses and California special use
validations and issue them through Arizona license dealers. Prior
to August 31 of each year, that commission shall make an audit
report and send a remittance for those issued to the begin delete California
Department of Fish and Game. end delete begin insert department. end insert

(b) The begin delete California Department of Fish and Game end delete begin insert department end insert
shall handle Arizona special use validations and issue them through
California license dealers. Prior to August 31 of each year that
department shall make an audit report and send a remittance for
those issued to the Arizona Game and Fish Commission.

(c) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.

SEC. 85.  

Section 7370 of the Fish and Game Code is amended
to read:

7370.  

(a)  It is unlawful to take or possess for commercial
purposes, buy or sell, or begin delete to end delete offer to buy or sell, begin delete any end delete begin insert a end insert whole
sturgeon, or begin delete any end delete part begin delete thereof, end delete begin insert of a sturgeon, end insert including, but not
limited to, begin insert its end insert eggs, except as follows:

(1) A sturgeon, begin delete or parts thereof, that is end delete begin insert part of a sturgeon, or
sturgeon eggs, end insert taken or possessed by, and begin delete is end delete the cultured progeny
of, an aquaculturist who is registered under Section 15101, may
be begin insert bought or end insert sold begin delete or purchased end delete subject to regulations of the
commission.

(2)  A sturgeon, begin delete or parts thereof, that is end delete begin insert part of a sturgeon, or
sturgeon eggs, end insert taken commercially in another state that permits
the sale of begin delete the fish end delete begin insert sturgeon, end insert and lawfully imported under Section
2363, may be possessed, begin delete sold, or purchased. end delete begin insert bought, or sold. end insert

(3) Sturgeon, or begin delete parts thereof, end delete begin insert part of a sturgeon, end insert taken pursuant
to a sport fishing license begin insert , that is processed end insert in accordance with
Section 7230.

(b) For purposes of this section, it is prima facie evidence that
a begin delete sturgeon, or parts thereof, end delete begin insert sturgeon or part of a sturgeon end insert is
possessed for commercial begin delete purposes end delete begin insert purposes, end insert if the possession begin delete of
sturgeon end delete is more than two times the sport bag limit.

SEC. 86.  

Section 7704 of the Fish and Game Code is amended
to read:

7704.  

(a) It is unlawful to cause or permit begin delete any end delete deterioration
or waste of begin delete any end delete begin insert a end insert fish taken in the waters of this state, or brought
into this state, or to take, receive or agree to receive more fish than
can be used without deterioration, waste, or spoilage.

(b) Except as permitted by this code, it is unlawful to use begin delete any end delete
begin insert a end insert fish, begin delete or part thereof, end delete except fish offal, in a reduction plant or by
a reduction process.

(c) Except as permitted by this code or by regulation of the
commission, it is unlawful to sell, purchase, deliver for begin insert a end insert
commercial begin delete purposes, end delete begin insert purpose, end insert or possess on begin delete any end delete begin insert a end insert commercial
fishing vessel registered pursuant to Section begin delete 7881 any end delete begin insert 7881, a end insert
shark fin or begin delete shark end delete tail or begin delete portion thereof end delete begin insert part of a shark fin or tail end insert
that has been removed from the carcass. However, begin insert a end insert thresher shark
begin delete tails and fins end delete begin insert fin or tail end insert that begin delete have end delete begin insert has end insert been removed from the
carcass and whose original shape begin delete remain end delete begin insert remains end insert unaltered may
be possessed on a registered commercial fishing vessel if the
begin delete corresponding carcass is in possession for each tail and fin. end delete begin insert carcass
corresponding to the fin or tail is also possessed. end insert

SEC. 87.  

Section 7856 of the Fish and Game Code is amended
to read:

7856.  

Notwithstanding any other provision of this division,
except as provided in subdivision (f) and except when prohibited
by federal law, fish may be prepared for human consumption
aboard a commercial fishing vessel only under the following
conditions:

(a) The fish are taken under all existing commercial fishing laws
and regulations and, except as provided in subdivision (f), the fish
is of a species and size that can be lawfully taken under sportfishing
regulations in the area where taken and are taken incidental to
normal commercial fishing operations.

(b) The fish is separated from other fish and stored with other
foodstuff for consumption by the crew and passengers aboard the
vessel.

(c) The begin delete fish, or parts thereof, end delete begin insert fish end insert shall not be bought, sold,
offered for sale, transferred to begin delete any other end delete begin insert another end insert person, landed,
brought ashore, or used for begin delete any end delete begin insert a end insert purpose begin delete except for end delete begin insert other than end insert
consumption by the crew and passengers.

(d) (1) All fish shall be maintained in begin delete such end delete a condition that the
species can be determined, and the size or weight can be
determined if a size or weight limit applies, until the fish is
prepared for immediate consumption.

(2) If the fish is filleted, a patch of skin shall be retained on each
fillet as prescribed by the commission in the sportfishing
regulations until the fish is prepared for immediate consumption.

(3) Fillets from fish possessed under sportfishing regulations
shall be of the minimum length prescribed by commission
regulations.

(e)  begin delete No end delete begin insert A end insert fish begin delete which end delete begin insert that end insert may be possessed under sportfishing
regulations begin delete may end delete begin insert shall not end insert be possessed in excess of the sport bag
limit for each crew member and passenger on board the vessel.

(f) Notwithstanding other provisions of this section, kelp bass,
sand bass, spotted bass, yellowfin croaker, spotfin croaker,
California corbina, and marlin, shall not be possessed aboard a
commercial fishing vessel while that vessel is on a commercial
fishing trip. Lobster, salmon, or abalone shall not be possessed
aboard a commercial fishing vessel while that vessel is on a
commercial fishing trip for preparation for human consumption
pursuant to this section unless that lobster, salmon, or abalone is
taken and possessed in compliance with all applicable laws
pertaining to commercial fishing methods of take, licenses, permits,
and size limits. Sturgeon or striped bass shall not be possessed
aboard a commercial fishing vessel. begin delete No end delete begin insert A end insert person shall begin insert not end insert take or
possess begin delete any end delete begin insert a end insert fish on a commercial fishing vessel under a
sportfishing license while that vessel is engaged in a commercial
fishing activity, including going to or from an area where fish are
taken for commercial purposes.

SEC. 88.  

Section 7880 of the Fish and Game Code is amended
to read:

7880.  

(a)  begin delete Every end delete begin insert A end insert person owning or operating begin delete any end delete begin insert a end insert vessel
used in connection with fishing operations for profit who has been
issued a commercial boat registration pursuant to Section 7881
shall display, for the purpose of identification, a begin delete Department of
Fish and Game end delete begin insert department end insert registration number on the vessel in a
manner designated by the department.

(b) The method of displaying the registration number on the
vessel shall be determined by the department after consultation
with the begin delete Department end delete begin insert Division end insert of Boating and Waterways, taking
into consideration the responsibilities and duties of the begin delete Department end delete
begin insert Division end insert of Boating and Waterways as prescribed in the Harbors
and Navigation Code.

(c) The registration number is not transferable, and it is a
permanent fixture upon the vessel for which it is originally issued.

SEC. 89.  

Section 8079.1 of the Fish and Game Code is
amended to read:

8079.1.  

Notwithstanding any other provision of this code or
regulation begin delete enacted pursuant thereto, the Director of the Department
of Fish and Game, end delete begin insert adopted pursuant to this code, the director end insert or
a representative appointed by begin delete him, end delete begin insert the director, end insert may, without notice
or a hearing, grant a license to begin insert a end insert fish reduction begin delete plants end delete begin insert plant end insert to
dispose of dead or dying fish. The license may be immediately
issued by the director or begin delete his end delete begin insert the director’s end insert representative whenever
begin delete such end delete begin insert that end insert person determines, in begin delete his end delete begin insert that person’s end insert discretion, that
an emergency situation exists. The estimated tonnage to be reduced
shall be specified as a limit in the license.

SEC. 90.  

Section 8182 of the Fish and Game Code is amended
to read:

8182.  

The operator of begin delete any end delete begin insert a end insert boat engaged in taking anchovies
in waters south of the line described in Section 8180 shall at all
times while operating begin delete such end delete begin insert the end insert boat identify it by displaying on an
exposed part of the superstructure, amidships on each side and on
top of the house visible from the air, the begin delete Department of Fish and
Game end delete begin insert department end insert registration number of the boat, in 14-inch black
numerals on white background.

SEC. 91.  

Section 8281 of the Fish and Game Code is amended
to read:

8281.  

Crab meat and frozen begin delete whole crabs or parts thereof, which
are end delete begin insert crab end insert taken during the open begin delete season, end delete begin insert season end insert may be possessed,
transported, and sold at any time, subject to the regulations of the
commission. The cost of inspection and marking, under the
regulations of the commission, shall be paid by the owner or seller
of begin delete such crab meat, crabs, or parts thereof. end delete begin insert the crab or crab meat. end insert

SEC. 92.  

Section 8371 of the Fish and Game Code is amended
to read:

8371.  

Striped bass begin delete or salmon, or parts thereof, end delete begin insert and salmon end insert may
be sold or offered for sale only under the following conditions:

(a) If the striped begin delete bass, or parts thereof, end delete begin insert bass end insert is taken or possessed
by, and is the cultured progeny of, an aquaculturist who is
registered under Section 15101, that striped bass may be sold or
purchased subject to regulations of the commission.

(b) If the striped begin delete bass, or parts thereof, end delete begin insert bass end insert is taken legally in
another state that permits the sale of that fish and if the fish is
lawfully imported under Section 2363, the striped begin delete bass, or parts
thereof, end delete begin insert bass end insert may be possessed, sold, or purchased.

(c) If the begin delete salmon, or parts thereof, end delete begin insert salmon end insert is taken legally in
another state that permits the sale of salmon, and is lawfully
imported consistent with Section 2361, the begin delete salmon, or parts thereof, end delete
begin insert salmon end insert may be possessed, sold, or purchased.

(d) If the begin delete salmon, or parts thereof, end delete begin insert salmon end insert is taken in accordance
with Article 4 (commencing with Section 8210.2), the begin delete salmon, or
parts thereof, end delete begin insert salmon end insert may be possessed, sold, or purchased.

SEC. 93.  

Section 8393 of the Fish and Game Code is amended
to read:

8393.  

(a) Except where subdivision (b) has been complied
with, marlin meat, whether fresh, smoked, canned, or preserved
by any means, shall not be bought or sold, or possessed or
transported for the purpose of sale.

(b) Notwithstanding the provisions of subdivision (a) of this
section, black marlin (Makaira Indica) may be imported into this
state for the purpose of processing (manufacturing) a product
commonly known as fish cakes for human consumption. All begin delete such end delete
black marlin (Makaira Indica) imported into this state must be in
an identifiable condition and accompanied by a bill of lading,
showing the name of the consignor, the consignee, and the weight
or number of fish shipped. A copy of the bill of lading must be
delivered to the nearest office of the begin delete Department of Fish and Game end delete
begin insert department end insert either prior to or no later than two days after receipt
of the fish. No begin delete such end delete begin insert black end insert marlin (Makaira Indica) imported into
California may leave the premises of the original consignee unless
written permission is received from the begin delete Department of Fish and
Game, end delete begin insert department, end insert or unless processed into the form of the product
commonly known as fish cakes.

SEC. 94.  

Section 8563 of the Fish and Game Code is amended
to read:

8563.  

(a) Except as provided in subdivision (b), the permittee
shall be aboard the vessel and shall be in possession of a valid drift
gill net shark and swordfish permit when engaged in operations
authorized by the permit.

(b) A permittee may have begin delete any end delete begin insert a end insert person serve in begin delete his or her end delete begin insert the
permittee’s end insert place on the permittee’s vessel and engage in fishing
under begin delete his or her end delete begin insert the permittee’s end insert drift gill net shark and swordfish
permit for not more than 15 begin delete calendar end delete days in begin delete any one end delete begin insert a calendar end insert
year, except that a longer period may be allowed in the event of
serious illness. A permittee shall notify the department’s Long
Beach office of a substitution of 15 days or less per calendar year,
by certified letter or telegram at least 24 hours begin delete prior to end delete begin insert before end insert the
commencement of the trip. Written authorization for a substitution
of greater than 15 days shall be obtained from the director and
shall be given only on the director’s finding that the permittee will
not be available to engage in the activity due to serious illness,
supported by medical evidence. An application for a substitution
of greater than 15 days shall be made to the begin delete Department of Fish
and Game, Headquarters Office, end delete begin insert department’s headquarters office
in end insert Sacramento, and shall contain begin delete such end delete begin insert any end insert information begin delete as end delete the
director begin delete may require. Any end delete begin insert requires. A end insert denial of the substitution
may be appealed to the commission.

SEC. 95.  

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 begin delete any end delete begin insert a end insert bird or begin delete mammal, or part thereof, end delete
begin insert mammal end insert in begin delete any end delete begin insert a end insert game refuge.

(b) To use or have in possession in a game refuge, begin delete any end delete begin insert a end insert firearm,
BB device as defined in Section 16250 of the Penal Code,
crossbow, bow and arrow, or begin delete any end delete begin insert a end insert trap or other contrivance
designed to be, or capable of being, used to take birds or mammals,
or to discharge begin delete any end delete begin insert a end insert firearm or BB device or to release begin delete any end delete begin insert an end insert
arrow or crossbow bolt into begin delete any end delete begin insert a end insert game refuge.

(c) To take or possess begin delete any species of end delete begin insert a end insert fish or begin delete amphibian, or
part thereof, in any end delete begin insert amphibian in a end insert fish refuge, or to use or have
in possession in that refuge begin delete any end delete begin insert a end insert contrivance designed to be used
for catching fish.

(d) To take or possess begin delete any bird in, or to end delete begin insert a bird, end insert discharge begin delete any end delete begin insert a end insert
firearm or BB device, or begin delete to end delete release begin delete any end delete begin insert an end insert arrow or crossbow begin delete bolt end delete
begin insert bolt, end insert within or begin delete into, any end delete begin insert into a end insert waterfowl refuge.

(e) To take or possess begin delete any end delete begin insert a end insert quail in a quail refuge.

(f) To take or possess begin delete any end delete begin insert an end insert invertebrate or specimen of marine
plant life in a marine life refuge.

(g) To take or possess begin delete any end delete begin insert a end insert clam begin delete in a clam refuge or to possess
in such a refuge any end delete begin insert or an end insert instrument or apparatus capable of being
used to dig begin delete clams. end delete begin insert clams in a clam refuge. end insert

SEC. 96.  

Section 10502 of the Fish and Game Code is amended
to read:

10502.  

The commission may:

(a) Exercise control over all mammals and birds in begin delete any end delete begin insert a end insert game
refuge, and exercise control over all fish in begin delete any end delete begin insert a end insert fish refuge.

(b) Authorize the department to issue, under begin delete such end delete begin insert any end insert restrictions
begin delete as it may deem end delete begin insert it deems end insert best, permits begin delete which end delete begin insert that end insert authorize the
person named therein to carry, use, and begin delete possess end delete begin insert possess, end insert within
begin delete any end delete begin insert a end insert refuge, firearms, traps begin insert , end insert or other contrivances for taking birds,
mammals, fish, begin delete or amphibia. end delete begin insert amphibians, or reptiles. end insert

(c) Except as provided in Sections 10502.5, 10502.8, 10655,
and 10657, authorize the department to issue permits begin delete which shall end delete
begin insert that end insert authorize the person named therein to take birds, mammals,
fish, begin delete and amphibia end delete begin insert amphibians, or reptiles end insert within begin delete any end delete begin insert a end insert refuge.

(d)  begin delete Make additional end delete begin insert Adopt end insert regulations not in conflict with any
law for the protection of birds, mammals, fish, begin delete amphibia, and end delete
begin insert amphibians, reptiles, or end insert marine life within begin delete any end delete begin insert a end insert refuge.

SEC. 97.  

Section 10503 of the Fish and Game Code is amended
to read:

10503.  

For the purposes of propagating, feeding, and protecting
birds, mammals, fish, begin delete and amphibia end delete begin insert amphibians, and reptiles, end insert the
commission may do all of the following:

(a) Accept, on behalf of the state, donations of begin delete any end delete begin insert an end insert interest
in begin delete lands end delete begin insert land end insert within begin delete any end delete begin insert a end insert refuge.

(b) Accept, on behalf of the state, from begin delete any end delete begin insert a end insert person owning
and in possession of patented begin delete lands, except lands that are end delete begin insert land,
other than land end insert covered and uncovered by the ordinary daily tide
of the Pacific Ocean, the right to preserve and protect all birds,
mammals, fish, begin delete and amphibia end delete begin insert amphibians, and reptiles end insert on the
patented begin delete lands. end delete begin insert land. end insert

(c) Accept, on behalf of the state, donations of birds, mammals,
fish, begin delete and amphibia, end delete begin insert amphibians, and reptiles, end insert and of money given
or appropriated. Those donations shall be used for the purposes
for which they are accepted, and, as nearly as may be, for any
purpose indicated by the donor.

(d) Acquire, by purchase, lease, rental, or otherwise, and occupy,
develop, maintain, use, and administer land, or land and nonmarine
water, or land and nonmarine water rights, suitable for state game
farms or game refuges.

SEC. 98.  

Section 10507 of the Fish and Game Code is amended
to read:

10507.  

It is lawful for begin delete any end delete begin insert a end insert person who has given the notice
provided for in Section 10506 to transport begin delete any end delete begin insert a end insert bird or begin delete mammal,
or part thereof, end delete begin insert mammal end insert through a game refuge, if lawfully taken
outside the refuge, and if the bird or mammal begin delete or part thereof end delete is
carried openly and during the time between one hour before sunrise
and one hour after sunset.

SEC. 99.  

Section 10510 of the Fish and Game Code is amended
to read:

10510.  

No specification of an open season in any area
authorizes the taking of begin delete any end delete begin insert a end insert bird, mammal, begin delete fish or amphibia end delete begin insert fish,
amphibian, or reptile end insert from begin delete any end delete begin insert a end insert refuge within that area from
which the taking is begin delete elsewhere in this code prohibited. end delete begin insert prohibited
by this code. end insert

SEC. 100.  

Section 10513 of the Fish and Game Code is
amended to read:

10513.  

Nothing in this chapter shall be construed as prohibiting
or preventing begin delete any end delete begin insert a end insert person from taking begin delete birds, mammals, end delete begin insert a bird,
mammal, end insert fish, begin delete or amphibia end delete begin insert amphibian, or reptile end insert from or on
navigable water in begin delete any end delete begin insert a end insert state game refuge.

SEC. 101.  

Section 10514 of the Fish and Game Code is
amended to read:

10514.  

All state game refuges shall, for all purposes of
protecting birds, mammals, fish, begin delete or amphibia end delete begin insert amphibians, or
reptiles end insert thereon, be under the control and management of the
department, and the officers and employees of the department, all
game wardens, and law enforcement officers may at all times enter
in and upon begin delete such end delete begin insert state game end insert refuges in the performance of their
duties.

SEC. 102.  

Section 10653 of the Fish and Game Code is
amended to read:

10653.  

In the San Francisco Game Refuge, birds, mammals,
fish, begin delete and amphibia end delete begin insert amphibians, and reptiles end insert legally possessed may
be carried openly by persons traveling through the refuge on public
roads, between one-half hour before sunrise and one-half hour
after sunset.

SEC. 103.  

Section 11020 of the Fish and Game Code is
amended to read:

11020.  

The following constitutes Fish and Game District 12:

The waters and tidelands of San Francisco Bay to high-water
mark not included in Districts 11 and 13, the waters and tidelands
to high-water mark of San Leandro Bay, Oakland Creek or estuary,
San Antonio Creek in Alameda County, begin delete Racoon Straits, and end delete
begin insert Raccoon Strait, end insert San Pablo Bay, begin delete and end delete the Carquinez begin delete Straits end delete begin insert Strait end insert
to the Carquinez Bridge, and all lands and waters included within
the exterior boundaries of these districts and excluding all tributary
sloughs, creeks, bays, rivers, and overflowed areas not specifically
described herein.

SEC. 104.  

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 mark of San Diego Bay
lying inside of a straight line drawn from the begin delete southernly end delete begin insert southerly end insert
extremity of Point Loma to the offshore end of the San Diego
breakwater.

SEC. 105.  

Section 12002.9 of the Fish and Game Code is
amended to read:

12002.9.  

In addition to any other penalty prescribed in this
code, the license issued pursuant to Sections 8032 to 8036,
inclusive, to begin delete any end delete begin insert a end insert person who is convicted of a violation of Section
7121, 7364, 7370, 8372, or 8373 shall be suspended for not less
than seven days nor more than 30 days. Each day begin delete any end delete begin insert a end insert fish of the
species designated in any of those begin delete sections, or any part thereof, end delete
begin insert sections end insert is unlawfully possessed and each unlawful transaction
involving the purchase or sale of begin delete any end delete begin insert a end insert fish of those begin delete species, or
any part thereof, end delete begin insert species end insert by a wholesale fish dealer is a separate
violation.

SEC. 106.  

Section 12012 of the Fish and Game Code is
amended to read:

12012.  

(a)  begin delete Any end delete begin insert A end insert person who illegally takes, possesses,
imports, exports, sells, purchases, barters, trades, or exchanges
begin delete any amphibian, end delete begin insert a end insert bird, fish, mammal, begin delete or end delete reptile, begin insert amphibian, end insert or
part begin delete thereof, end delete begin insert of any of those animals, end insert for profit or personal begin delete gain end delete
begin insert gain, end insert is guilty of a misdemeanor punishable by a fine of not less
than five thousand dollars begin delete ($5,000), end delete begin insert ($5,000) end insert nor more than forty
thousand dollars ($40,000), or imprisonment in the county jail for
not more than one year, or by both that fine and imprisonment.

(b) If a person is convicted of a second or subsequent violation
of subdivision (a), that person shall be punished by a fine of not
less than ten thousand dollars begin delete ($10,000), end delete begin insert ($10,000) end insert nor more than
fifty thousand dollars ($50,000), or imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment.

(c) If a second or subsequent violation of subdivision (a) also
involves a violation of Section 8685.5, 8685.6, 8685.7, or 8688
that is punishable by subdivision (b) of Section 12004, the offense
shall be punishable by a fine of not more than fifty thousand dollars
($50,000), or by imprisonment pursuant to subdivision (b) of
Section 12004, or by both that fine and imprisonment.

(d) Notwithstanding Section 802 of the Penal Code, prosecution
of an offense punishable under this section shall be commenced
within three years after commission of the offense.

(e) This section does not apply to fish taken pursuant to a
commercial fishing license issued pursuant to Section 7852, or
fish sold pursuant to a commercial fish business license issued in
accordance with Article 7 (commencing with Section 8030) of
Chapter 1 of Part 3 of Division 6.

(f) This section does not supersede Section 12005 or 12009.

(g) (1) Moneys equivalent to 50 percent of the revenue
deposited in the Fish and Game Preservation Fund from fines and
forfeitures collected pursuant to this section shall be allocated for
the support of the Special Operations Unit of the department, and
used for law enforcement purposes.

(2) Moneys equivalent to 50 percent of the revenue from any
fine collected pursuant to this section shall be paid to the county
in which the offense was committed, pursuant to Section 13003.
The board of supervisors shall first use revenues pursuant to this
subdivision to reimburse the costs incurred by the district attorney
or city attorney in investigating and prosecuting the violation. Any
excess revenues may be expended in accordance with Section
13103.

SEC. 107.  

Section 12013.3 of the Fish and Game Code is
amended to read:

12013.3.  

(a) Notwithstanding Section 12002, 12003.2, 12008,
or 12008.5, the punishment for begin delete any end delete begin insert a end insert person who knowingly
violated and has been convicted of the following provisions where
the violation involved a trophy deer, elk, antelope, or bighorn sheep
shall be a fine of not less than five thousand dollars begin delete ($5,000), end delete
begin insert ($5,000) end insert nor more than forty thousand dollars ($40,000), and where
the violation involved a wild turkey, a fine of not less than two
thousand dollars begin delete ($2,000), end delete begin insert ($2,000) end insert nor more than five thousand
dollars ($5,000), or imprisonment in the county jail for not more
than one year, or both that fine and imprisonment:

(1) Section 2001, if the person took an animal outside the
established season.

(2) Section 2005.

(3) Section 257.5 of Title 14 of the California Code of
Regulations.

(4) Section 4304.

(5) Section 4330.

(6) Section 1054.2, if the person failed to procure the required
license or tag prior to taking a deer, elk, antelope, or bighorn sheep.

(b) The commission shall adopt regulations to implement this
section, including establishing a trophy designation and monetary
value based on the size or related characteristics of deer, elk,
antelope, bighorn sheep, and wild begin delete turkeys or parts thereof. end delete begin insert turkeys. end insert

(c) All revenue from fines imposed pursuant to this section for
deer, elk, antelope, and bighorn sheep violations shall be deposited
in the Big Game Management Account established in Section 3953
and shall be used for the big game management purposes described
in that section.

(d) All revenue from fines imposed pursuant to this section for
wild turkey violations shall be deposited in the Upland Game Bird
Account established in Section 3684 and shall be used for the
upland game bird conservation purposes described in that section.

(e) Moneys equivalent to 50 percent of the revenue from any
fine collected pursuant to this section shall be paid to the county
in which the offense was committed, pursuant to Section 13003.
The county board of supervisors shall first use revenues pursuant
to this subdivision to reimburse the costs incurred by the district
attorney or city attorney in investigating and prosecuting the
violation. Any excess revenues may be expended in accordance
with Section 13103.

SEC. 108.  

Section 12151.5 of the Fish and Game Code is
amended to read:

12151.5.  

begin delete Any end delete begin insert A end insert person who, while hunting, kills or wounds
or witnesses the killing or wounding of begin delete any end delete begin insert a end insert human being, or
domestic animal belonging to another, shall, within 48 hours after
the incident, forward a complete written report to the Department
of Fish and begin delete Game, end delete begin insert Wildlife, end insert 1416 Ninth Street, Sacramento,
California 95814, begin delete giving his end delete begin insert providing the reporter’s end insert full name
and address and all facts relating to the incident.

SEC. 109.  

Section 12155 of the Fish and Game Code is
amended to read:

12155.  

begin insert (a) end insert begin insert   end insert Upon the third conviction of begin delete any end delete begin insert a end insert person of a
violation of any provision of this code or regulation adopted
pursuant begin delete thereto end delete begin insert to this code end insert relating to the taking or possession
of begin delete birds or mammals, or parts thereof, end delete begin insert a bird or mammal end insert in begin delete any end delete begin insert a end insert
five-year period, and upon begin delete any end delete begin insert a end insert conviction subsequent to the three
convictions during a five-year period, that person shall be
prohibited from taking begin delete any birds or mammals end delete begin insert a bird or mammal end insert
in the state for three years from the date of the last conviction. The
commission shall revoke begin delete the end delete begin insert a end insert hunting license of begin delete the person who
is end delete begin insert a person end insert prohibited from taking begin delete birds or mammals end delete begin insert a bird or
mammal end insert in this state begin delete , if he or she has one, end delete for the period of
prohibition.

begin delete

It

end delete

begin insert (b) end insert begin insert   end insert begin insert It end insert shall be unlawful for begin delete any end delete begin insert a end insert person to obtain, or attempt
to obtain, a hunting license during a period of prohibition.

SEC. 110.  

Section 12162 of the Fish and Game Code is
amended to read:

12162.  

begin delete Any seizure of any birds, mammals, fish, reptiles, or
amphibia or parts thereof made end delete begin insert A bird, mammal, fish, reptile, or
amphibian seized end insert under circumstances begin delete wherein end delete begin insert in which end insert it cannot
be determined who took, possessed, sold, imported, or transported
begin delete them end delete begin insert the bird, mammal, fish, reptile, or amphibian end insert contrary to law
may be sold or donated to a state, county, city, city and county, or
begin delete any end delete charitable institution.

SEC. 111.  

Section 12163 of the Fish and Game Code is
amended to read:

12163.  

begin delete Any end delete begin insert A end insert person who purchases birds, mammals, fish,
reptiles, or begin delete amphibia, or parts thereof, end delete begin insert amphibians end insert from the
department pursuant to the preceding sections shall, upon begin delete delivery
to him, end delete begin insert delivery, end insert pay to the begin delete department end delete begin insert department, end insert for deposit in
the Fish and Game Preservation Fund, the prevailing market price
for legal birds, mammals, fish, reptiles, or begin delete amphibia end delete begin insert amphibians end insert
in effect on the date of seizure.

SEC. 112.  

Section 12164 of the Fish and Game Code is
amended to read:

12164.  

The court before whom begin delete any end delete begin insert a end insert person has been convicted
of trespassing under Section 602 of the Penal Code shall, in
addition to any other fine or forfeiture imposed, confiscate any
bird or mammal begin delete or parts thereof end delete taken while trespassing, and shall
dispose of the bird or mammal begin delete or parts thereof end delete to a charitable
institution or cause it to be destroyed if unfit for human
consumption.

SEC. 113.  

Section 12300 of the Fish and Game Code is
amended to read:

12300.  

begin delete Irrespective of end delete begin insert (a) end insert begin insert   end insert begin insert Notwithstanding end insert any other provision
of law, the provisions of this code are not applicable to California
Indians whose names are inscribed upon the tribal rolls, while on
the reservation of begin delete such end delete begin insert that end insert tribe and under those circumstances
in this begin delete State end delete begin insert state end insert where the code was not applicable to them
immediately begin delete prior to end delete begin insert before end insert the effective date of Public Law 280,
Chapter 505, First Session, 1953, 83d Congress of the United
States.

begin delete

No such

end delete

begin insert (b) end insert begin insert   end insert begin insert No end insert Indian begin insert described in subdivision (a) end insert shall be prosecuted
for the violation of any provision of this code occurring in the
places and under the circumstances begin delete hereinabove referred to. end delete
begin insert described in subdivision (a). end insert Nothing in this section, however,
prohibits or restricts the prosecution of begin delete any end delete begin insert an end insert Indian for the
violation of begin delete any end delete begin insert a end insert provision of this code prohibiting the sale of
begin delete any end delete begin insert a end insert bird, mammal, fish, begin delete or amphibia. end delete begin insert amphibian, or reptile. end insert

SEC. 114.  

Section 13200 of the Fish and Game Code is
amended to read:

13200.  

The department shall account for revenues and
expenditures of the money in the Fish and Game Preservation
begin delete Account end delete begin insert Fund end insert in a manner consistent with the laws and applicable
policies governing state departments generally for each activity
or program in which the department is engaged.

SEC. 115.  

Section 13220 of the Fish and Game Code is
amended to read:

13220.  

Except as provided in Section 13230, the money in the
Fish and Game Preservation Fund, commencing with the 2005-06
fiscal year, is available for expenditure, upon appropriation by the
Legislature, for all of the following purposes:

(a) To the department for payment of refunds of sums
determined by it to have been erroneously deposited in the fund,
including, but not limited to, money received or collected in
payment of fees, licenses, permits, taxes, fines, forfeitures, or
services.

(b) To the department for expenditure in accordance with law
for the payment of all necessary expenses incurred in carrying out
this code and any other laws for the protection and preservation
of birds, mammals, reptiles, begin insert amphibians, end insert and fish.

(c) To the commission for expenditure in accordance with law
for the payment of the compensation and expenses of the
commissioners and employees of the commission.

SEC. 116.  

Section 14102 of the Fish and Game Code is
amended to read:

14102.  

Each commissioner who is not also a state officer shall
receive begin delete ten end delete begin insert one hundred end insert dollars begin delete ($10) end delete begin insert ($100) end insert for each day begin delete of actual
service performed in carrying out his end delete begin insert performing end insert official duties
pursuant to the begin delete directions end delete begin insert direction end insert of the commission, and each
commissioner shall receive begin delete his end delete actual and necessary travel expenses
incurred in begin delete the performance of his end delete begin insert performing end insert official duties begin delete in end delete begin insert on end insert
behalf of the commission.

SEC. 117.  

Section 16500 of the Fish and Game Code is
amended to read:

16500.  

The Legislature finds:

(a) Jurisdiction over the protection and development of natural
resources, especially the fish resource, is of great importance to
both the State of California and California Indian tribes.

(b) To California Indian tribes, control over their minerals,
lands, water, wildlife, and other resources within Indian country
is crucial to their economic self-sufficiency and the preservation
of their heritage. On the other hand, the State of California is
concerned about protecting and developing its resources;
protecting, restoring, and developing its commercial and
recreational salmon fisheries; ensuring public access to its
waterways; and protecting the environment within its borders.

(c) More than any other issue confronting the State of California
and California Indian tribes, the regulation of natural resources,
especially fish, transcends political boundaries.

(d) In many cases, the State of California and California Indian
tribes have differed in their respective views of the nature and
extent of state versus tribal jurisdiction in areas where Indians have
historically fished. Despite these frequent and often bitter disputes,
both the state and the tribes seek, as their mutual goal, the
protection and preservation of the fish resource. This division is
an attempt to provide a legal mechanism, other than protracted
and expensive litigation over unresolved legal issues, for achieving
that mutual goal on the Klamath River.

(e)  begin delete That the Department of Fish and Game end delete begin insert The department end insert has
exercised jurisdiction over the Klamath River from the mouth of
the river through the Yurok Reservation and the Hoopa Valley
Reservation, but begin delete that end delete the Bureau of Indian Affairs and the Indian
tribes thereon have also asserted jurisdiction over that river. The
river itself lies within a disputed area and proper management of
the resource presents, therefore, unique and difficult problems in
the exercise of fishing practices by all begin delete users end delete begin insert user end insert groups.

(f) Although commercial fishing may not be a traditional
practice of the tribes existing along the Klamath River within the
boundaries of the land of the Yurok Reservation and the Hoopa
Valley Reservation, nevertheless, the begin delete Department of Fish and
Game end delete begin insert department end insert has historically supported the concept of tribal
fishing, including a tribal commercial fishing industry where the
industry is consistent with the need to preserve the species, sound
management, and where begin delete such end delete begin insert that end insert usage would not adversely effect
other user groups, including sportfishing and the ocean commercial
fishery.

(g)  begin delete That a end delete begin insert A end insert commercial fishery existed on the Klamath River
in the late 19th century and early 20th century, in which the Indian
tribes existing along the river participated, but begin delete that the end delete commercial
fishing was abolished in 1933 with the passage of the predecessor
to Section 8434, and, further, that salmon resources have declined
historically due to past water developmental policies and timber
harvesting practices. With a reduced number of fish available,
special laws are needed to protect those resources and allocate
them fairly among the various user groups.

(h) This division is not only enacted to provide the legal
mechanism described above, but is also intended to encourage
cooperative agreements to allow protection of the resource among
all of the user groups. In so doing, the Legislature recognizes the
unique status of the Klamath River and the fishing therein.

SEC. 118.  

Section 16520 of the Fish and Game Code is
amended to read:

16520.  

“Klamath Fishery Management Council” means that
council created pursuant to Section begin delete 46055 end delete begin insert 460ss-2 end insert of Title 16 of
the United States Code begin delete which end delete begin insert that end insert is composed of one
representative each from begin insert the department, end insert the Pacific Fishery
Management Council, National Marine Fisheries Service,
Department of the Interior, Oregon Department of Fish and
Wildlife, begin delete California Department of Fish and Game, end delete the Hoopa
Valley Business Council, non-Hoopa Indians, the California
commercial salmon fishing industry, the Oregon commercial
salmon fishing industry, the Klamath River in-river sportfishing
community, and the California offshore recreational fishing
industry.

SEC. 119.  

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.