BILL NUMBER: AB 1527 INTRODUCED
BILL TEXT
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 any a statement or
report is required to be made, it shall be made in the English
language. Nothing in this section shall prohibit the department
from providing an unofficial translation of a statement or report in
a language other than English.
SEC. 2. Section 22 of the Fish and Game Code is amended to read:
22. "Bird" means any a wild bird or
any part thereof. of a
wild bird.
SEC. 3. Section 27 of the Fish and Game Code is amended to read:
27. "Chumming" means the placing in the water of fish,
parts of fish, or other material upon which fish feed, for
the purpose of attracting fish to a particular area in order that
they may be taken.
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, or amphibia
amphibians, or reptiles is prohibited.
SEC. 5. Section 45 of the Fish and Game Code is amended to read:
45. "Fish" means a wild fish, mollusks,
crustaceans, invertebrates, or amphibians, including any
mollusk, crustacean, invertebrate, amphibian, or part,
spawn, or ova thereof. ovum of any of those
animals.
SEC. 6. Section 54 of the Fish and Game Code is amended to read:
54. "Mammal" means any a wild or
feral mammal or any part thereof,
of a wild or feral animal, but not any
a wild, feral, or undomesticated burro.
SEC. 7. Section 57 of the Fish and Game Code is amended to read:
57. "Nonresident" means any a
person who 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. is not a resident
as defined in Section 70.
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 subdivision (e) of
Section 206, subdivision (e) of Section 207, and
subdivision (d) of Section 208 207 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 provisions
provision of this code, the commission, when promulgating
regulations a regulation 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, amphibians, or
fish, including, but not limited to, any nests or eggs
thereof. or their nests or eggs.
(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, any a
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. Any A regulation
issued under any subsequent provisions of adopted
pursuant to this code shall be filed with the Secretary of
State, as required by Chapter 4 3.5
(commencing with Section 11370), 11340) of
Part 1, 1 of Division 3,
3 of Title 2, 2
of the Government Code.
SEC. 13. Section 301 of the Fish and Game Code is amended to read:
301. The commission may make such adopt
regulations as that it deems
necessary for the disposition of birds or mammals and parts
thereof which that are killed accidentally.
SEC. 14. Section 307 of the Fish and Game Code is amended to read:
307. (a) Whenever after due investigation
the commission shall find finds that
game fish, resident or migratory birds, game or fur-bearing mammals,
or amphibia amphibians, or reptiles
have decreased in numbers in any areas, districts, or
portions thereof an area, district, or portion of an
area or district to such an the
extent that a scarcity exists, the commission may reduce the daily
bag limit and the possession limit on such
those game fish, birds, mammals, or amphibia as
amphibians, or reptiles that are in danger of
depletion, for such a period of time
as may be specified that the commission may
specify, or until such time as new
legislation thereon enacted by the Legislature may become
addressing the scarcity becomes effective.
Any
(b) A regulation issued
under the provisions of adopted pursuant to this
section shall be filed with the Secretary of State, and
such that filing shall be deemed a legal notice
thereof.
Such
(c) The regulation shall be
published twice in at least one newspaper of general circulation in
any every county affected by
such the order. The publications shall be
separated by a period of not less than one week and not more than two
weeks. Such The 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. (a) The commission may issue a permit
authorizing any member of the armed forces of the United States or
any student or faculty member of an elementary or secondary school in
the public school system actually assigned to, and participating in,
an organized survival training course to take fish,
amphibia, amphibians, reptiles, birds, or
mammals, except rare or endangered species, notwithstanding any other
law or regulation, pursuant to the terms and conditions of
such that permit. A permit involving training by
the armed forces of the United States shall be issued to the
commanding officer of the unit having jurisdiction over the conduct
of the survival training course. A permit involving training by an
elementary or secondary school in the public school system shall be
issued to the governing board or superintendent of the district
having jurisdiction over such that
school and the conduct of the survival training course. A permit
shall be applicable only to the area established for such
that survival training as designated by the
commission in the permit and for the species and numbers designated
in the permit.
The
(b) The commission may revise
any conditions a condition of a permit
if it finds such revision is necessary to properly
protect the fish, amphibia, amphibians,
reptiles, birds, or mammals in the area.
The
(c) The term of such
a permit issued pursuant to subdivision (a)
shall be for not more than a calendar year.
A
(d) A report shall be submitted
on the expiration of the permit period specified pursuant to
subdivision (c) , or as otherwise required by the commission,
of all fish, amphibia, amphibians, reptiles,
birds, or mammals taken during the period covered by the report
in each permit area. No A new permit
may shall not be issued until
such the report has been submitted and
any an existing permit may be canceled if
such a report is not submitted when required by
the commission.
No
(e) A person engaged in
such survival training taking fish, amphibia,
birds, or mammals a fi sh, amphibian,
reptile, bird, or mammal pursuant to such a
permit may issued under this section shall
not use any a firearm, bow and
arrow, steel trap, explosive, chemical, poison, drug, net
net, or fish tackle
tackle, except hooks or handlines or
that hooks, handlines, and improvised poles and lines
for the taking of may be used to take fish.
SEC. 16. Section 326 of the Fish and Game Code is amended to read:
326. Prior to the making of such Before
adopting a regulation pursuant to Section 325, the
commission at an open meeting shall publicly announce the contents of
the proposed regulation regulation,
and fix a time and place at which for a
hearing on the proposed order shall be held.
regulation in each county that would be affected by the regulation.
The time for each hearing shall be not less
than at least 21 days from the day of
the meeting after the announcement, and the
place shall be the county seat of each of the counties
affected. the affected county.
SEC. 17. Section 330 of the Fish and Game Code is amended to read:
330. Cooperative hunting areas, as described in Sections
1570 to 1572, Section 1575, may be established
in connection with any area opened to hunting under the
foregoing provisions of this article.
SEC. 18. Section 393 of the Fish and Game Code is amended to read:
393. (a) Any A 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 state
state, 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 Department of Fish
and Game department 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
Department of Fish and Game department
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 an
emergency incidents incident or other
similar public safety problems, problem,
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
Department of Fish and Game department
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, any
a 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 Training Training,
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 any
a 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,
Seventy-fifth Congress), and the 75th
Congress). The department, with the approval of the commission,
shall perform such acts as may be necessary to the conduct
and establishment of any acts needed to conduct
or establish cooperative wildlife-restoration projects, as
defined in such that act of Congress,
in compliance with such that act and
rules and regulations promulgated thereunder;
adopted under that act, and no funds
accruing to the State of California from license fees paid by hunters
shall not be diverted for any other
a purpose other than the administration of the
Department of Fish and Game department
and for the protection, propagation, preservation,
and investigation of fish and game.
wildlife.
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, Eighty-first Congress), and the 81st
Congress). The department, with the approval of the
commission, may perform such acts as may be necessary to the
conduct and establishment of any acts needed to
conduct or establish cooperative fish restoration
projects, as defined in said that act
of Congress, in compliance with said that
act and rules and regulations promulgated thereunder;
adopted under that act, and no
funds accruing to the State of California from license fees
paid by fishermen shall not be diverted for any
other a purpose other than the
administration of the Department of Fish and Game
department and for the protection,
propagation, preservation, and investigation of fish and
game. wildlife.
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 GAME
WILDLIFE
SEC. 22. Section 706 of the Fish and Game Code is amended to read:
706. The provisions of Chapter 2 (commencing at Section
11150), 11150) of Part 1,
1 of Division 3, 3 of Title
2 of the Government Code shall govern and apply to the conduct of the
department in every respect the same as if such provisions
were herein set forth at length, and wherever respect.
Whenever 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, "wildlife" means and includes all wild
animals, birds, plants, fish, amphibians, reptiles, and related
ecological communities, including the habitat upon which the wildlife
depends for its continued viability and "project" has the
same meaning as defined in Section 21065 of the Public Resources
Code.
(b) For purposes of this article, "person" includes any
individual, firm, association, organization, partnership, business,
trust, corporation, limited liability company, company, district,
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
Department of Fish and Game, department,
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. (a) 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.
Before
(b) Before 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. Any
(c) A person, who is deputized
for this the limited purpose
pursuant to this section, may stated in subdivision
(a) shall not enforce any other provision of this
code, and is not code. Being deputized under t
his section does not make a person 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 Department of Fish and Game
department shall be 18 years. Any An
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 any
a warden or the health and safety of
others. any other person.
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 either the
consent of the owner or owner, a search
warrant, or an inspection warrant.
(b) (1) 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.
(2)
(c) 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.
(3)
(d) 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.
This
(e) This 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.
(c)
(f) 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 such funds
as may be necessary for biological research and
field investigation and for the collection and diffusion of
such statistics and information as shall
that pertain to the conservation, propagation,
protection, and perpetuation of birds and the
their nests and eggs thereof, eggs,
and of mammals, reptiles, amphibians, and fish.
SEC. 29. Section 1003 of the Fish and Game Code is amended to
read:
1003. Mammals, birds,
birds and the nest and eggs thereof,
their nests an d eggs, fish and
eggs thereof, their eggs, reptiles,
amphibians, mollusks, crustaceans, or any other form of
plant or animal life taken under the provisions of such
a scientific or propagation permit issued pursuant to
Section 1002 may be shipped or transported anywhere within or
without the state if prior written approval is obtained from the
department and each such the 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. In the event If 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 Game Wildlife is
authorized to operate, maintain maintain,
and replace those facilities designated as fish and wildlife
enhancement facilities and to assume all costs of such
that operation, maintenance
maintenance, 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 pursuant to
subdivision (a) of Section 1053 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 person, except
person other than a commissioner or an officer
or employee of the department, department
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. Any An agent thus
authorized may add a handling charge pursuant to subdivision
(b) subdivisions (f), (g), and (h) of Section
1055 or subdivisions (d), (e), and (f) of Section 1055.1
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 agent's 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
any a person authorized by the
department to issue licenses.
(e) The license agent handling fee, as provided under
subdivision (b) subdivisions (d), (e), and (f)
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 provision of
law, the department may enter into one or more agreements with
any a 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
agreements for the purposes of an agreement under
this section shall include, but not be limited to, for
the purposes of securing the authority to secure
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
711.2. 89.5.
(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. In addition to any other powers vested in the
department, it (a) The
department may manage, control control,
and protect such the portions of
the following spawning areas which that
occupy state-owned lands lands, to the
extent necessary to protect fishlife in these 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: areas:
(1) The Sacramento River between
Keswick and Squaw Hill Bridge, near Vina.
The
(2) The Feather River between
Oroville and the mouth of Honcut Creek.
The
(3) The Yuba River between
Englebright Dam and a point approximately four miles east of
Marysville.
The
(4) The American River between
Nimbus Dam and a point one mile downstream from Arden Way.
The
(5) The Mokelumne River between
Pardee Dam and Lockeford.
The
(6) The Stanislaus River between
Goodwin Dam and Riverbank.
The
(7) The Tuolumne River between La
Grange Dam and the Geer Road (J14) Bridge.
The
(8) The Merced River between
Crocker Huffman Dam and Cressey.
The
(9) The Trinity River between
Lewiston Dam and the confluence of the North Fork Trinity, near
Helena.
The
(10) The Eel River, from Fort
Seward to Lake Pillsbury.
The
(11) The South Fork Eel River.
The
(12) The Middle Fork Smith River,
from its mouth to Knopti Creek.
The
(13) The South Fork Smith River,
from its mouth to Harrington Creek.
The
(14) The 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.
Battle
(15) Battle Creek, from its mouth
to Coleman Powerhouse.
The
(16) The Cosumnes River, from
Meiss Road Bridge to Latrobe Road Bridge.
The
(17) The Van Duzen River, from
Yager Creek to the falls 11/2 miles above Bloody Run Creek.
The
(18) The Mad River, from Blue
Lake Bridge to Bug Creek.
The
(19) The Middle Fork Eel River.
The
(20) The Mattole River.
The
(21) The Noyo River.
The
(22) The Big River, Mendocino
County.
The
(23) The Gualala River.
The
(24) The Garcia River, Mendocino
County.
Until ownership of any land in these areas has been legally
determined, the
(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:
(1) An action of the state or regional water quality control
boards in establishing waste discharge requirements.
(2) An action required for commerce and navigation.
(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.
(c) The director shall disapprove
any a stream alterations
alteration of any a
prime salmon and or steelhead
spawning areas area on land of which
ownership has not been legally determined, when in his
the director's opinion such
alterations the alteration 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 Department of Fish and Game's
department's 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
711.2, 89.5, 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 Department of Fish and Game
department shall undertake the development of a vegetation
mapping standard for the state.
(b) The development of a state vegetation mapping standard by the
department shall be done in consultation with interested
stakeholders, including, but not limited to, government agencies,
nongovernmental conservation organizations, landowners, agriculture,
recreation, scientific entities, and industry. Components of the
standard shall include the following:
(1) A published classification system for all natural and
seminatural vegetation communities present in California with
sufficient detail to meet the analytical needs of government and
nongovernment entities. The classification shall be consistent with
national standards adopted by the Federal Geographic Data Committee.
(2) Methods for field data collection, image interpretation, and
digital map production and attribution.
(3) Manuals, training materials, tools, and database structures
for use by parties interested in performing vegetation mapping
according to the standard.
(4) Documented methods for performing postproject accuracy
assessments to quantify that the
validity of the work. Private and public landowners shall be given
reasonable opportunity to review, and comment on the accuracy of, the
data collected on their lands.
(5) Mechanisms for integrating new map products that meet the
standard into a cohesive database with the intent of eventually
completing statewide coverage.
(c) The department shall submit a report to the budget committee
of each house of the Legislature no later than January 10, 2008,
providing its mapping standard and advising how the department will
ensure that its standard will be updated to reflect changing
technology and serve as the state's center of expertise on vegetation
mapping.
(d) The department may adopt regulations to implement this
section.
SEC. 41. Section 2000 of the Fish and Game Code is amended to
read:
2000. (a) It is unlawful to take
any a bird, mammal, fish, reptile, or amphibian
except as provided in this code or regulations made pursuant
thereto. Possession of or in a regulation adopted
pursuant to this code.
(b) Possession of a bird, mammal,
fish, or reptile , amphibian, or
parts thereof part of any of those animals,
in or on the fields, forests, or waters of this state, or while
returning therefrom with fishing or hunting equipment
equipment, is prima facie evidence the possessor
took the bird, mammal, fish or fish,
reptile , or amphibian, or parts thereof.
part of that animal.
SEC. 42. Section 2001 of the Fish and Game Code is amended to
read:
2001. (a) It is unlawful to take mammals, birds, fish,
reptiles, and amphibians a mammal, bird, fish,
reptile, or amphibian outside of an established
seasons season or to exceed
any a bag limit or possession limit established
in this code or by regulations a regulation
adopted by the commission. Violation of any
an established season, bag limit, or possession limit may
be charged as a violation of this section or of the specific code
section or regulation that establishes the season or limit.
(b) Unless otherwise provided, it is unlawful to possess 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.
(b) Unless otherwise provided, it is unlawful to possess a fish,
reptile, or amphibian, except during the open season where the fish,
reptile, or amphibian was taken or during the 10-day period
immediately following that open season. A possession limit applicable
during the open season applies during that 10-day period.
(c) Except as provided in Section 3080, it is unlawful to possess
game birds a game bird or
mammals mammal 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 any a
bird, mammal, fish, reptile, or amphibian,
or parts thereof, part of any of those
animals, taken in violation of any of the provisions
of this code, code or
of any a regulation made under
it. adopted pursuant to this code.
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 any a prize or
other inducement as a reward for the taking of any
a game birds, mammals, fish, reptiles, or
amphibians bird, mammal, fish, reptile, or amphibian
in an individual contest, tournament, or derby.
(b) The department may issue a permit to any
a person authorizing that person to offer a prize or other
inducement as a reward for the taking of any
a game fish, as defined by the commission by regulation, if it
finds that there would be no detriment to the resource. The permit
is subject to regulations adopted by the commission. The application
for the permit shall be accompanied by a fee in the amount determined
by the department as necessary to cover the reasonable
administrative costs incurred by the department in issuing the
permit. However, the department may waive the permit fee if the
contest, tournament, or derby is for persons who are under
the age of 16 years, or who are
physically or mentally challenged, years of age or
have a physical or mental disability, and the primary purpose
of the contest, tournament, or derby is to introduce young
those anglers to, to
or educate them about fishing. All permits for which the fee is
waived pursuant to this subdivision shall comply with all other
requirements set forth in this section.
(c) This section does not apply to any a
person conducting what are is
generally known as a frog-jumping contests or
fish contests conducted contest, or, in waters
of the Pacific Ocean. Ocean, what is
generally known as a fish contest.
(d) This section does not apply to any a
person conducting an individual contest, tournament, or derby
for the taking of a game birds and mammals,
bird or mammal, if the total value of all prizes
or other inducements is less than five hundred dollars ($500) for
the individual contest, tournament, or derby.
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 a
game birds, bird, game
mammals, mammal, or game fish, except
that this section shall not apply to sport fishing in ocean waters or
other waters where night fishing is permitted if the lights are not
used on or as part of the fishing tackle, commercial fishing, nor to
the taking of mammals, the taking of which is governed by Article 2
(commencing with Section 4180) of Chapter 3 of Part 3 of Division 4.
fish.
(b) It is unlawful for any person, or one or
more persons, persons to throw or cast
the rays of any a spotlight, headlight,
or other artificial light on any a
highway or in any a field, woodland, or
forest where game mammals, fur-bearing mammals, or nongame mammals
are commonly found, or upon any a game
mammal, fur-bearing mammal, or nongame mammal, while having in his or
her possession or under his or her control any
a firearm or weapon with which that mammal could be
killed, even though the mammal is not killed, injured, shot at, or
otherwise pursued.
(c) It is unlawful to use or possess 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.
(c) It is unlawful to use or possess night vision equipment to
assist in the taking of a bird, mammal, amphibian, reptile, or fish.
For purposes of this subdivision, "night vision equipment" includes,
but is not limited to, the following:
(1) An infrared or similar light, used in connection with an
electronic viewing device.
(2) An optical device, including, but not limited to, binoculars
or a scope, that uses electrical or battery powered light amplifying
circuits.
(d) This section does not apply to any of the following:
(1) Sport fishing in ocean waters, or other waters where night
fishing is permitted, if an artificial light is not used on or as
part of the fishing tackle.
(2) Commercial fishing.
(3) The taking of mammals governed by Article 2 (commencing with
Section 4180) of Chapter 3 of Part 3 of Division 4.
(4) The use of a hand-held flashlight that is no larger and emits
no more light than a two-cell, three-volt flashlight, and is not
affixed to a weapon.
(5) The use of a lamp or lantern that does not cast a directional
beam of light.
(6) Headlights of a motor vehicle that are
operated in a usual manner and without attempt or intent to locate a
game mammal, fur-bearing mammal, or nongame mammal.
(7) An owner of land devoted to the agricultural industry, or the
owner's employee, while on that land.
(8) An owner of land devoted to the agricultural industry, or the
owner's employee, while on land controlled by the owner in connection
with the agricultural industry.
(9) Other uses as the commission may authorize by regulation.
(e) A person shall not be arrested for violation of this section
except by a peace officer.
SEC. 46. Section 2010 of the Fish and Game Code is amended to
read:
2010. (a) It is unlawful to use or possess
a shotgun larger than 10-gauge, or to use or possess a shotgun
capable of holding more than six cartridges at one time
time, to take any a
mammal or bird. 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
(b) A shotgun that has been
modified with the insertion of a plug are is
deemed, for the purpose of this section, to have a cartridge
capacity equal to the number of cartridges that can be loaded into
the weapon as modified.
(c) After a public hearing, the commission may adopt regulations
relative to the ammunition capacity of shotguns for taking mammals or
birds that are more restrictive than the limits provided in
subdivision (a), or that it determines may be needed to conform to
federal law.
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,
amphibia, or parts thereof or amphibians
apply to birds, mammals, fish, reptiles, amphibia, or
parts thereof or amphibians taken either in or
outside of this state.
SEC. 48. Section 2015 of the Fish and Game Code is amended to
read:
2015. It (a) Except
as otherwise provided in this section, it is unlawful to
possess any a bird, mammal,
fish or amphibian which fish, amphibian, or reptile,
that may not be legally sold, in any a
restaurant or other eating 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.
establishment.
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.
(b) This section does not apply to any of the following:
(1) A person who lawfully took or otherwise legally possessed the
bird, mammal, fish, amphibian, or reptile.
(2) A person preparing the bird, mammal, fish, amphibian, or
reptile for consumption by the person who lawfully took or possessed
it, or by that person and others, if the person who took or possessed
it is present on the premises.
(3) A bird, mammal, fish, amphibian, or reptile tagged with a
signed statement of the person who took the bird, mammal, fish,
amphibian, or reptile stating that person's name and address, the
date taken, and the total number and kind taken.
SEC. 49. Section 2016 of the Fish and Game Code is amended to
read:
2016. It is unlawful to enter any lands under
cultivation or enclosed by a fence, belonging to, or occupied by,
another, or to enter any uncultivated or unenclosed lands, including
lands temporarily inundated by waters flowing outside the established
banks of a river, stream, slough, or other waterway, where signs
forbidding trespass 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, land
for the purpose of discharging any a
firearm or taking or destroying any a
mammal or bird, including any waterfowl, on
those lands that land, without having
first obtained written permission from the owner, or his or
her agent, the owner's agent, or the person in
lawful possession 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. of that
land, if either of the following is true:
(a) The land belongs to or is occupied by another person and is
either under cultivation or enclosed by a fence.
(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.
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 Department of Fish and Game,
California department, 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 Department of Fish and Game
department shall publish from time to time as changes arise, a
list of animals which that may not be
imported or transported into this State.
state.
SEC. 52. Section 2348 of the Fish and Game Code is amended to
read:
2348. (a) 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. The outside of a
package offered to or received by a common carrier or the carrier's
agent for transportation, or transported by a common carrier or
agent, that contains a bird, mammal, fish, reptile, or
amphibian, shall clearly and conspicuously indicate the following:
(1) The name and address of the shipper.
(2) The name and address of the consignee.
(3) The number and kind of bird, mammal, fish, reptile, and
amphibian contained in the package.
(b) Licensed commercial fishermen and licensed commercial fish
dealers are subject to all of the provisions of this section, except
that commercial shipments of fish may be indicated by total net
weight of each species instead of by numbers.
SEC. 53. Section 2350 of the Fish and Game Code is amended to
read:
2350. It is unlawful to transport or carry a deer or game
bird out of this State any deer or game bird, or parts
thereof, state, 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 or parts thereof
legally taken in another state, which
state that permits the sale of that fish,
fish may be imported into the
this state under regulations of the commission. Before
the commission adopts any regulation pursuant to this section, a
public hearing shall be held in the San Francisco or Sacramento area.
SEC. 55. Section 2400 of the Fish and Game Code is amended to
read:
2400. Common carriers (a)
A common carrier may transport at any time
the carcasses or parts thereof of the carcass of a
dead domesticated game birds and mammals
bird or mammal tagged with a domesticated game breeder's
tag as provided in Article 1 (commencing with Section 3200),
3200) of Chapter 2, 2
of Part 1, 1 of Division 4.
In addition, a
(b) A tag or label shall be
affixed to every package containing such carcass or part,
which shall: a carcass transported pursuant to
subdivision (a), which shall state all of the following:
(a) Give the
(1) The names of the person to
whom the game breeder's license was issued, of the person by
whom such game was killed, of the person who killed
the game bird or mammal, the person to whom such
the game bird or mammal is consigned,
and of the person by whom such game was
tagged. who tagged the game bird or mammal.
(b) Give the
(2) The number of carcasses or
portions thereof contained in the package.
(c) State that
(3) That the game birds or
mammals were killed and tagged in accordance with the provisions of
Article 1 (commencing with Section 3200),
3200) of Chapter 2, 2 of Part
1, 1 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 such an
that event, the benefits they provide to the
people of California, whether presently realized or which remain to
be discovered, will be lost forever, and California will be
significantly poorer as a result.
(c) The people of California have vested in the
Department of Fish and Game department the
principal responsibility for protecting, conserving, and perpetuating
native fish, plants, and wildlife, including endangered species and
game animals, for their aesthetic, instrinsic,
intrinsic, ecological, educational, and economic values.
To help accomplish this goal, the people of California have further
established a significant natural areas program and a natural
diversity data base database in the
Department of Fish and Game, department,
which is charged with maintaining and perpetuating California's
most significant natural areas for present and future generations.
To ensure the perpetuation of areas containing uncommon elements of
natural diversity and to ensure the continued abundance of habitat
for more common species, especially examples of those which
that are presently threatened with destruction,
the purchase of land is often necessary.
(d) Accordingly, the purpose of this chapter is to provide the
Wildlife Conservation Board and the Department of Fish and
Game department the financial means to correct
the most severe deficiencies in wildlife habitat and in the statewide
system of areas designated for the preservation of California's
natural diversity through a program of acquisition, enhancement,
restoration, and protection of areas that are most in need of proper
conservation.
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 Department of Fish and
Game department shall augment its existing
staff, whenever possible, by contracting for those services necessary
for the administration of this chapter. Any contract shall, however,
be entered into only pursuant to Sections 19130 to 19132, inclusive,
of the Government Code and shall be only for the minimum period
necessary for completion of the particular project or projects for
which the contract was entered into.
(b) Due to the limited duration of the program authorized by this
chapter, in the event some services cannot be provided by contract,
any personnel directly hired by the Wildlife Conservation Board for
the administration of this chapter shall be hired, to the extent
permitted by Article 2 (commencing with Section 19080) of Chapter
6 5 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 711.2. 89.5.
(m) "Wildlife agencies" means the department and one or both of
the following:
(1) United States Fish and Wildlife Service.
(2) National Marine Fisheries Service.
SEC. 59. Section 3003 of the Fish and Game Code is amended to
read:
3003. (a) It is unlawful for any a
person to shoot, shoot at, or kill any a
bird or mammal with any a gun or
other device accessed via an Internet connection in this state.
(b) It is further unlawful for any
a person, firm, corporation, partnership,
limited liability company, association, or other business entity to
do either of the following:
(1) Own or operate a shooting range, site, or gallery located in
the state for purposes of the the purpose of
online shooting or spearing of any a
bird or mammal.
(2) Create, maintain, or utilize an Internet Web site, or
a or other service or business via any
other means, from any location within the state for purposes of the
in this state, for the purpose of online shooting
or spearing of any a bird or
mammal for the purposes of this section. mammal.
(c) It is unlawful to possess or confine any
a bird or mammal in furtherance of an activity prohibited
by this section.
(d) It is unlawful for any a person
in this state to import into, or export from, this state any
a bird or mammal, or any part thereof,
mammal that is killed by any
a device accessed via an Internet connection.
(e) Any A bird or mammal,
or any part thereof, mammal that is possessed in
violation of this section shall be subject to seizure by the
department.
(f) For the purposes of this section, "online shooting or spearing"
means the use of a computer or any other device,
equipment, software, or technology,
technology to remotely control the aiming and discharge of
any a weapon, including, but not
limited to, any a firearm, bow and
arrow, spear, slingshot, harpoon, or any other
projectile device.
SEC. 60. Section 3004 of the Fish and Game Code is amended to
read:
3004. (a) It is unlawful for any a
person, other than the owner, person in possession of the premises,
or a person having the express permission of the owner or person in
possession of the premises, 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. while
within 150 yards of an occupied dwelling house, residence, or other
building, or within 150 yards of a barn or other
outbuilding used in connection with an occupied dwelling house,
residence, or other building, to either hunt or discharge a firearm
or other deadly weapon while hunting. The 150-yard area is a
"safety zone."
(b) It is unlawful for any a person
to intentionally discharge any a
firearm or release any an arrow or
crossbow bolt over or across any a
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, any a deer, elk, or bear kept
in captivity may be killed only with the approval of the department,
and under such regulations as pursuant to any
regulation that the commission may prescribe.
adopt. The carcass, or any part
thereof, of any such mammal carcass of a deer, elk, or
bear kept in captivity may not be sold, and shall be disposed
of in such manner as the department may direct.
as directed by the department.
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 thereto, every person who takes any bird or mammal
shall procure a license or entitlement therefor. to
this code, it is unlawful to take a bird or mammal without a license
or entitlement to do so.
SEC. 63. Section 3033 of the Fish and Game Code is amended to
read:
3033. (a) The Pursuant to this section,
the department shall, upon application and payment of
a fee, issue shall issue to a disabled veteran or
recovering service member who has not been convicted of a violation
of this code a reduced fee hunting license,
license that authorizes the licensee to take any
a bird or mammal as otherwise
authorized pursuant to by this code and
regulations adopted pursuant 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. to this code.
(b) The base license fee for a reduced fee hunting license shall
be four dollars ($4) for the hunting license year beginning on July
1, 1995, and, for the following years, this license fee may be
annually reviewed and adjusted in accordance with Section 713.
(c) For the purposes of this section, the following terms have the
following meanings:
(b)
(1) "Disabled veteran" means a person having a 50
percent or greater service-connected disability and an honorable
discharge from military service. 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.
(c)
(2) "Recovering service member" means a member of the
military who meets the definition of "recovering service member" in
Section 1602(7) of the federal National Defense
AuthorizationAct Authorization Act for Fiscal
Year 2008 (Public Law 110-181). 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.
(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 any a person unless
it is satisfied that the person has provided adequate documentation
of eligibility for that license.
(e) A disabled veteran shall submit the following documentation:
(1) Proof of an honorable discharge from military service.
(2) Proof of the disability described in paragraph (1) of
subdivision (c), either by certification from the United States
Department of Veterans Affairs or by presentation of a license issued
pursuant to this section in the preceding license year.
(f) A recovering service member shall submit a letter to the
department stating that the person is a recovering service member as
defined in subdivision (d), from either that person's commanding
officer or a military medical doctor. The letter may be submitted
either in hard copy form or online.
SEC. 64. Section 3039 of the Fish and Game Code is amended to
read:
3039. (a) Except as otherwise provided in this section
and Sections 3087 and 4303, or any other section,
Section 3087, Section 4303, another provision of this code, or
regulations a regulation adopted
pursuant thereto, to this code, it is
unlawful to sell or purchase any species of a
bird or mammal or part thereof found in the
wild in California.
(b) Products or handicraft items made from furbearing mammals and
nongame mammals, their carcass or parts thereof,
mammals lawfully taken under the authority of a trapping
license, license 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) Any A person who illegally takes
any a bird or mammal for profit or for
personal gain by engaging in any an
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. 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.
(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.
(c)
(d) The department shall prescribe a minimum level of
skill and knowledge to be required of all hunter education
instructors, and may limit the number of students per instructor in
all required classes.
(d)
(e) The department may revoke the certificate of
any an instructor when, in the opinion
of the department, it is in the best interest of the state to do so.
(e) (1)
(f) In order to recruit and retain hunter
education instructors, the department shall offer special hunting
opportunities to qualified hunter education instructors by providing
a limited number of existing tags and other hunting opportunities.
The department may provide these tags and hunting opportunities
through any of the following methods:
(A)
(1) The private lands management program described in
Article 5 (commencing with Section 3400) of Chapter 2.
(B)
(2) The Shared Habitat Alliance for Recreational
Enhancement (SHARE) program described in Article 3 (commencing with
Section 1570) of Chapter 5 of Division 2.
(C)
(3) Entering into cooperative agreements with federal,
state, and local agencies that hold title to, or administer, lands or
waters.
(D)
(4) Entering into cooperative agreements with
landowners or tenants seeking depredation permits for game mammals as
described in Section 4188.
(E)
(5) Authorizing a maximum of 15 tags from the annual
tag quota, as determined by the department.
(2)
(g) The department shall determine eligibility criteria
for hunter education instructors seeking the hunting
opportunities offered pursuant to this subdivision. The
department shall select hunter education instructors who meet these
criteria for opportunities pursuant to this subdivision only by
random drawing. subdivision (f). The department shall
offer hunting opportunities to eligible hunter education instructors
only by random drawing.
(f)
(h) The department may adopt regulations to implement
this section.
SEC. 66. Section 3052 of the Fish and Game Code is amended to
read:
3052. No fee shall A person receiving
instruction from a hunter education instructor shall not be
charged for the instructor's service, however,
a fee for the service provided by the instructor, but may be
charged a fee to cover the cost of giving such
instructions may be charged each person participating and receiving
such instructions. costs incurred by the instructor in
teaching the class. A record of such expenses
these costs shall be kept for inspection by the
department. Such expenses Costs may
include, but are not be limited to,
such items as range fees, ammunition
ammunition, 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 a game birds or
mammals bird or mammal from a donor to give to a
charitable organization or charitable entity. A donor
intermediary possessing game birds or mammals during a period other
than the open season shall have the documentation described in
paragraph (2) or (3) of subdivision (b). There is no required format
for the documentation. Any written documentation containing the
required information shall be deemed to comply with this section.
(b) The possession limit of any game bird or mammal may be
possessed during a period other than the open season if one of the
following conditions apply:
(b) A person may possess a game bird or mammal during a period
other than the open season for that game bird or mammal, up to the
possession limit allowed for that game bird or mammal during the open
season, in any of the following circumstances:
(1) The person has in his or her possession
possesses a hunting license and a validated tag
or tags for the species possessed, or copies
a copy of the license and tag or tags. The license and tag or
tags shall have been issued to that person for the current or
immediate past license year.
(2) The person is a donor intermediary who received the
game bird or mammal from a person donor
described in paragraph (1), and the recipient
has a written confirmation of the donation that is
signed and dated by the donor, and a photocopy of the donor's
hunting license and the applicable validated tag or tags
that has been signed and dated by the donor confirming the donation.
The photocopied license and tag or tags shall be from the
current or immediate past license year.
(3) The person is a donor intermediary who received the
game bird or mammal from a person donor
described in paragraph (1), and the recipient
has a written confirmation of the donation
signed and dated document confirming the donation that
by the donor, which includes the donor's name,
address, hunting license number, and applicable tag numbers for the
species possessed. The license and tag or tags shall be for the
current or immediate past license year.
(c) The documentation required by subdivision (b) shall be made
available to the department as described in Section 2012.
Charitable organizations or charitable entities There
is no required format for t he documentation. Any written
documentation containing the required information shall be
deemed to comply with this section. A charitable organization or
charitable entity receiving and distributing game
birds or mammals a game bird or mammal for
a charitable or humane purposes,
purpose shall maintain the documentation described in paragraph
(2) or (3) of subdivision (b) for one year from the date of
disposal.
(d) This section does not authorize the possession of
game birds or carcasses or parts of a game bird or
carcass contrary to regulations issued
adopted pursuant to the federal Migratory Bird Treaty Act
(16 U.S.C. Sec. 703 et seq.).
(e) On or before January 1, 2015, and subject to the requirements
of subdivision (d), the commission shall recommend legislation or
adopt regulations to clarify when a possession limit is not violated
by processing into food lawfully taken game birds or mammals.
SEC. 68. Section 3240.5 of the Fish and Game Code is amended to
read:
3240.5. (a) As used in For purposes of
this article, "property" the following
terms have the following meanings:
(1) "Commercial hunting club" means property with respect to which
a fee is imposed or collected for either of the following:
(A) Taking or attempting to take birds or mammals on the property.
(B) A type of entry or use permit that includes permission to take
birds or mammals on the property.
(2) "Property" means a number of
contiguous legal parcels held by an owner or a combination
of owned by one or more owners and held out for
a common purpose.
(b) A person, including, but not limited to, a renter or
an owner, renter, or lessee, who is
in possession or control of 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. a commercial
hunting club, shall procure a commercial hunting club license before
a bird or mammal may be taken on the property.
(c) This article does not apply if the property meets any
of the following conditions: under any of the
following circumstances:
(1) The landowner, or the The fees
described in paragraph (1) of subdivision (a) that are received by
the owner, renter or lessee, lessee
of the property receives are less
than one hundred dollars ($100) per entrant and receives
total less than a total of
one thousand dollars ($1,000) between July 1 and the following June
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 30. Pursuant to Section 713,
department may adjust the threshold amounts established in this
paragraph pursuant to Section 713. paragraph.
(2) The property is used by a hunting club or program licensed
under regulations adopted pursuant to this code.
(3) The property is used for an officially sanctioned field trial
event pursuant to regulations adopted pursuant to this code.
(4)
(2) The property is used in conjunction with the Shared
Habitat Alliance for Recreational Enhancement (SHARE) program under
Article 3 (commencing with Section 1570) of Chapter 5 of Division 2.
(5)
(3) A domesticated game bird hunting club licensed
under Article 3 (commencing with Section 3270) operates on the
property.
(6)
(4) A domesticated migratory game bird shooting area
licensed under Article 4 (commencing with Section 3300) operates on
the property.
(5) The property is used by a hunting club or program licensed
under regulations adopted pursuant to this code.
(7)
(6) The property is used in conjunction with the
private wildlife habitat enhancement and management program under
Article 5 (commencing with Section 3400).
(7) The property is used for an officially sanctioned field trial
event pursuant to regulations adopted pursuant to this code.
(8) The property is subject to a recorded state, federal, or
nonprofit wildlife conservation or agricultural easement or
any property is enrolled in a habitat protection
or enhancement program under this code, including, but not limited
to, Article 7 (commencing with Section 3460).
(d) This article chapter does not
apply to a landowner who rents or leases his or her property
to the an owner of property that is rented or leased
to a commercial hunting club and club,
if the owner is not involved in the operation of the
club, if club and the club is licensed in
accordance with this article. chapter.
SEC. 69. Section 3243.5 of the Fish and Game Code is amended to
read:
3243.5. The commission may transfer a commercial hunting
club license to other land owned or controlled by
the licensee, other than that land specified in the original
application, located in the same county as the
original originally licensed land, without
any an additional fee, if it
the commission finds the new land is
suitable for the purposes of the license and such
a the transfer is not in
does not 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
any a game bird or nongame
bird or part thereof. bird.
SEC. 71. Section 3511 of the Fish and Game Code is amended to
read:
3511. (a) (1) Except as provided in this section,
Section 2081.7 2081.7, or Section
2835, a fully protected birds or parts
thereof bird 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 permits or licenses
a permit or license to take any
a fully protected bird, and no permits
or licenses heretofore permit or license previously
issued shall have any force or effect for that purpose.
However, the department may authorize the taking of those
species a fully protected bird for necessary
scientific research, including efforts to recover fully protected,
threatened, or endangered species, and may authorize the live capture
and relocation of those species a fully
protected bird pursuant to a permit for the
protection of livestock. Prior to Before
authorizing the take of any of those species,
a fully protected bird, 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 any relevant
information and comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not
include any actions an action taken as
part of specified mitigation for a project, as defined in Section
21065 of the Public Resources Code.
(3) Legally A legally imported fully
protected birds or parts thereof bird
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. All mammals A mammal
occurring naturally in California which are
that is not a game mammals,
mammal, fully protected mammals,
mammal, or fur-bearing mammals, are
mammal is a nongame mammals. Nongame mammals or parts
thereof mammal. A nongame mammal 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
any a bobcat, or attempt to do so, or
to sell or export any a bobcat
or part of any bobcat 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 any a bobcat by
employees an employee 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 bobcats a bobcat found
to be injuring crops or other property
property, pursuant to Section 4152 or other provisions
4152, another provision of this code
or regulations code, or a regulation adopted
pursuant to this code.
(d) Notwithstanding Section 2016 or any other provisions
provision of this code, on and after January 1,
2014, it shall be unlawful to trap any a
bobcat, or attempt to do so, on any private
land not belonging to the trapper without the express written consent
of the owner of that property. The placing or possession of
any a trap or the possession of a bobcat
or part thereof on any 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 this section,
Section 2081.7 2081.7, or Section
2835, a fully protected mammals or parts
thereof mammal 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 permits or licenses
a permit or license to take any
a fully protected mammal, and no
permits or licenses heretofore permit or license
previously issued shall have any force or effect for that
purpose. However, the department may authorize the taking of
those species a fully protected mammal for
necessary scientific research, including efforts to recover fully
protected, threatened, or endangered species. Prior to
Before authorizing the take of any of
those species, a fully protected mammal, 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 any
relevant information and comments on the proposed
authorization.
(2) As used in this subdivision, "scientific research" does not
include any actions an action taken as
part of specified mitigation for a project, as defined in Section
21065 of the Public Resources Code.
(3) Legally A legally imported fully
protected mammals or parts thereof mammal
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 any a mountain lion
or any part or a product
thereof, of a mountain lion, 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
any a mountain lion or any
part or a product thereof,
of a mountain lion, when the owner can demonstrate that
the mountain lion, or part or product
thereof, of a mountain lion, was in the person's
possession on June 6, 1990.
(3) This chapter does not prohibit the possession of a mountain
lion carcass or any part or a product
of a mountain lion carcass, if all of the following requirements are
met:
(A) The carcass or carcass part or 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 part or product for the purposes of this
paragraph.
(c) Any A 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 any of the provisions
a provision 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 permitholders
a permitholder to pursue, capture, temporarily possess,
temporarily injure, mark, attach to or surgically
implant a monitoring or recognition devices in,
device in or attach such a device to,
provide veterinary care to, and transport, a mountain
lions, or any part lion or a
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 any
a 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, a mountain lions
or parts and products thereof, and the attaching to or surgincally
implanting lion or a product of a mountain lion.
(2) Attaching monitoring or
recognization devices or markings in, and providing
to, surgically implanting those devices in, or
marking, animals affected by the research project.
(3) Providing veterinary care as
required for the health, safety, and humane treatment of,
of animals affected by the research project.
(2)
(4) The recording of the adverse effects of authorized
research procedures on mountain lions and other wildlife.
(3)
(5) 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).
(4)
(6) 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 any 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,
or transport any tortoise (Gopherus) or parts thereof, or to
transport, or shoot any
a projectile at at, a tortoise
(Gopherus). This section does not apply to the taking of any
a 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 such
any terms and conditions as the
commission may prescribe, prescribed by the
commission, authorizing the possession of any
a tortoise (Gopherus) or any part or
product thereof of a tortoise
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 this section,
Section 2081.7, Section 2081.9, or Section
2835, a fully protected reptiles and amphibians
or parts thereof reptile or amphibian 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
permits or licenses a permit or license to take
any a fully protected reptile or
amphibian, and no permits or licenses heretofore
permit or license previously issued shall have any force
or effect for that purpose. However, the department may authorize the
taking of those species a fully protected
reptile or amphibian for necessary scientific research,
including efforts to recover fully protected, threatened, or
endangered species. Prior to Before
authorizing the take of any of those species,
a fully protected reptile or amphibian, 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 any relevant
information and comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not
include any actions an action taken as
part of specified mitigation for a project, as defined in Section
21065 of the Public Resources Code.
(3) Legally A legally imported fully
protected reptiles or amphibians or parts thereof
reptile or amphibian 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 this section,
Section 2081.7 2081.7, or Section
2835, a fully protected fish or parts
thereof 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 permits or licenses
a permit or license to take any a
fully protected fish, and no permits or licenses
heretofore permit or license previously issued
shall have any force or effect for that purpose.
However, the department may authorize the taking of those
species a fully protected fish for necessary
scientific research, including efforts to recover fully protected,
threatened, or endangered species. Prior to
Before authorizing the take of any of those species,
a fully protected fish, 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 any relevant
information and comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not
include any actions an action taken as
part of specified mitigation for a project, as defined in Section
21065 of the Public Resources Code.
(3) Legally A legally
imported fully protected fish or parts thereof 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 Department of Fish
and Game department 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 Department of Fish and Game
department 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 California Department of
Fish and Game. department.
(b) The California Department of Fish and Game
department 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 California
Department of Fish and Game. department.
(b) The California Department of Fish and Game
department 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 to offer to buy or sell,
any a whole sturgeon, or any
part thereof, of a sturgeon,
including, but not limited to, its eggs, except as
follows:
(1) A sturgeon, or parts thereof, that is
part of a sturgeon, or sturgeon eggs, taken or possessed by,
and is the cultured progeny of, an aquaculturist
who is registered under Section 15101, may be bought or
sold or purchased subject to regulations of the
commission.
(2) A sturgeon, or parts thereof, that is
part of a sturgeon, or sturgeon eggs, taken commercially in
another state that permits the sale of the fish
sturgeon, and lawfully imported under Section 2363, may be
possessed, sold, or purchased. bought, or
sold.
(3) Sturgeon, or parts thereof, part of a
sturgeon, taken pursuant to a sport fishing license , that
is processed in accordance with Section 7230.
(b) For purposes of this section, it is prima facie evidence that
a sturgeon, or parts thereof, sturgeon or
part of a sturgeon is possessed for commercial purposes
purposes, if the possession of
sturgeon 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 any
deterioration or waste of any a
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
any a fish, or part thereof,
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 a
commercial purposes, purpose, or
possess on any a commercial fishing
vessel registered pursuant to Section 7881 any
7881, a shark fin or shark tail or
portion thereof part of a shark fin or tail
that has been removed from the carcass. However, a
thresher shark tails and fins fin or tail
that have has been removed from
the carcass and whose original shape remain
remains unaltered may be possessed on a registered commercial
fishing vessel if the corresponding carcass is in possession
for each tail and fin. carcass corresponding to the
fin or tail is also possessed.
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 fish, or parts thereof, fish
shall not be bought, sold, offered for sale, transferred to
any other another person, landed, brought
ashore, or used for any a purpose
except for other than consumption by
the crew and passengers.
(d) (1) All fish shall be maintained in such 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) No A fish
which that may be possessed under sportfishing
regulations may shall not 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. No A person
shall not take or possess any a
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) Every A person owning or
operating any a 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 Department of Fish and
Game department 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
Department Division of Boating and
Waterways, taking into consideration the responsibilities and duties
of the Department Division 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 enacted pursuant thereto, the Director of the
Department of Fish and Game, adopted pursuant to this
code, the director or a representative appointed by
him, the director, may, without notice or a
hearing, grant a license to a fish reduction
plants plant to dispose of dead or dying fish.
The license may be immediately issued by the director or his
the director's representative whenever
such that person determines, in his
that person's 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 any a boat
engaged in taking anchovies in waters south of the line described in
Section 8180 shall at all times while operating such
the 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 Department of Fish and Game
department 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 whole crabs or parts thereof,
which are crab taken during the open
season, season 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 such
crab meat, crabs, or parts thereof. the crab or crab
meat.
SEC. 92. Section 8371 of the Fish and Game Code is amended to
read:
8371. Striped bass or salmon, or parts thereof,
and salmon may be sold or offered for sale only
under the following conditions:
(a) If the striped bass, or parts thereof,
bass 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 bass, or parts thereof,
bass 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 bass, or parts thereof, bass
may be possessed, sold, or purchased.
(c) If the salmon, or parts thereof,
salmon is taken legally in another state that permits the sale
of salmon, and is lawfully imported consistent with Section 2361, the
salmon, or parts thereof, salmon may
be possessed, sold, or purchased.
(d) If the salmon, or parts thereof,
salmon is taken in accordance with Article 4 (commencing with
Section 8210.2), the salmon, or parts thereof,
salmon 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 such
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 Department of Fish
and Game department either prior to or no later
than two days after receipt of the fish. No such
black marlin (Makaira Indica) imported into California may
leave the premises of the original consignee unless written
permission is received from the Department of Fish and Game,
department, 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 any a
person serve in his or her the permittee's
place on the permittee's vessel and engage in fishing under
his or her the permittee's drift gill
net shark and swordfish permit for not more than 15 calendar
days in any one a calendar
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 prior to
before 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 Department of Fish and Game, Headquarters Office,
department's headquarters office in Sacramento,
and shall contain such any information
as the director may require. Any
requires. A 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 any a bird or
mammal, or part thereof, mammal in
any a game refuge.
(b) To use or have in possession in a game refuge, any
a firearm, BB device as defined in Section 16250
of the Penal Code, crossbow, bow and arrow, or any
a trap or other contrivance designed to be, or
capable of being, used to take birds or mammals, or to discharge
any a firearm or BB device or to
release any an arrow or crossbow bolt
into any a game refuge.
(c) To take or possess any species of a
fish or amphibian, or part thereof, in any
amphibian in a fish refuge, or to use or have in
possession in that refuge any a
contrivance designed to be used for catching fish.
(d) To take or possess any bird in, or to
a bird, discharge any a firearm
or BB device, or to release any
an arrow or crossbow bolt bolt,
within or into, any into a
waterfowl refuge.
(e) To take or possess any a quail
in a quail refuge.
(f) To take or possess any an
invertebrate or specimen of marine plant life in a marine life
refuge.
(g) To take or possess any a clam
in a clam refuge or to possess in such a refuge any
or an instrument or apparatus capable of being
used to dig clams. clams in a clam refuge.
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 any
a game refuge, and exercise control over all fish
in any a fish refuge.
(b) Authorize the department to issue, under such
any restrictions as it may deem
it deems best, permits which
that authorize the person named therein to carry, use, and
possess possess, within any
a refuge, firearms, traps , or other
contrivances for taking birds, mammals, fish, or amphibia.
amphibians, or reptiles.
(c) Except as provided in Sections 10502.5, 10502.8, 10655, and
10657, authorize the department to issue permits which shall
that authorize the person named therein to take
birds, mammals, fish, and amphibia
amphibians, or reptiles within any a
refuge.
(d) Make additional Adopt
regulations not in conflict with any law for the protection of birds,
mammals, fish, amphibia, and amphibians,
reptiles, or marine life within any a
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, and amphibia
amphibians, and reptiles, the commission may do all of the
following:
(a) Accept, on behalf of the state, donations of any
an interest in lands land
within any a refuge.
(b) Accept, on behalf of the state, from any
a person owning and in possession of patented
lands, except lands that are land, other than land
covered and uncovered by the ordinary daily tide of the Pacific
Ocean, the right to preserve and protect all birds, mammals, fish,
and amphibia amphibians, and reptiles
on the patented lands. land.
(c) Accept, on behalf of the state, donations of birds, mammals,
fish, and amphibia, amphibians, and reptiles,
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 any a
person who has given the notice provided for in Section 10506 to
transport any a bird or
mammal, or part thereof, mammal through a game
refuge, if lawfully taken outside the refuge, and if the bird or
mammal or part thereof 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 any a bird, mammal,
fish or amphibia fish, amphibian, or reptile
from any a refuge within that
area from which the taking is elsewhere in this code
prohibited. prohibited by this code.
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 any a person from taking
birds, mammals, a bird, mammal, fish,
or amphibia amphibian, or reptile from
or on navigable water in any a 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, or amphibia
amphibians, or reptiles 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 such state game
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,
and amphibia amphibians, and reptiles
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, Racoon Straits, and
Raccoon Strait, San Pablo Bay, and
the Carquinez Straits Strait
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 southernly
southerly 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 any a 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 any a fish of the species
designated in any of those sections, or any part thereof,
sections is unlawfully possessed and each
unlawful transaction involving the purchase or sale of any
a fish of those species, or any part
thereof, species 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) Any A person who
illegally takes, possesses, imports, exports, sells, purchases,
barters, trades, or exchanges any amphibian,
a bird, fish, mammal, or reptile,
amphibian, or part thereof, of any of
those animals, for profit or personal gain
gain, is guilty of a misdemeanor punishable by a fine of
not less than five thousand dollars ($5,000),
($5,000) nor more than forty thousand dollars ($40,000), or
imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment.
(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 ($10,000),
($10,000) nor more than fifty thousand dollars ($50,000), or
imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment.
(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 any a
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 ($5,000), ($5,000) 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
($2,000), ($2,000) 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 turkeys or parts thereof.
turkeys.
(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. Any A person who, while
hunting, kills or wounds or witnesses the killing or wounding of
any a 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
Game, Wildlife, 1416 Ninth Street,
Sacramento, California 95814, giving his
providing the reporter's 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. (a) Upon the third conviction of
any a person of a violation of any
provision of this code or regulation adopted pursuant
thereto to this code relating to the taking or
possession of birds or mammals, or parts thereof,
a bird or mammal in any a
five-year period, and upon any a
conviction subsequent to the three convictions during a five-year
period, that person shall be prohibited from taking any
birds or mammals a bird or mammal in the state
for three years from the date of the last conviction. The commission
shall revoke the a hunting license of
the person who is a person prohibited
from taking birds or mammals a bird or mammal
in this state , if he or she has one, for
the period of prohibition.
It
(b) It shall be unlawful for
any a 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. Any seizure of any birds, mammals, fish,
reptiles, or amphibia or parts thereof made A bird,
mammal, fish, reptile, or amphibian seized under circumstances
wherein in which it cannot be
determined who took, possessed, sold, imported, or transported
them the bird, mammal, fish,
reptile, or amphibian contrary to law may be sold or donated to
a state, county, city, city and county, or any
charitable institution.
SEC. 111. Section 12163 of the Fish and Game Code is amended to
read:
12163. Any A person who purchases
birds, mammals, fish, reptiles, or amphibia, or parts
thereof, amphibians from the department pursuant
to the preceding sections shall, upon delivery to him,
delivery, pay to the department
department, for deposit in the Fish and Game
Preservation Fund, the prevailing market price for legal birds,
mammals, fish, reptiles, or amphibia
amphibians 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 any a
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 or parts thereof
taken while trespassing, and shall dispose of the bird or
mammal or parts thereof 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. Irrespective of (a)
Notwithstanding 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 such that tribe and
under those circumstances in this State state
where the code was not applicable to them immediately
prior to before the effective date of Public
Law 280, Chapter 505, First Session, 1953, 83d Congress of the United
States.
No such
(b) No Indian described in
subdivision (a) shall be prosecuted for the violation of any
provision of this code occurring in the places and under the
circumstances hereinabove referred to.
described in subdivision (a). Nothing in this section, however,
prohibits or restricts the prosecution of any
an Indian for the violation of any
a provision of this code prohibiting the sale of any
a bird, mammal, fish, or amphibia.
amphibian, or reptile.
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 Account
Fund 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, amphibians, 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 ten one hundred dollars
($10) ($100) for each day of
actual service performed in carrying out his
performing official duties pursuant to the directions
direction of the commission, and each
commissioner shall receive his actual and
necessary travel expenses incurred in the performance of his
performing official duties in
on 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) That the Department of Fish and Game
The department has exercised jurisdiction over the
Klamath River from the mouth of the river through the Yurok
Reservation and the Hoopa Valley Reservation, but that
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 users user
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 Department of Fish and Game
department 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 such
that usage would not adversely effect other user groups,
including sportfishing and the ocean commercial fishery.
(g) That a A 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 that the 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 46055 460ss-2
of Title 16 of the United States Code which
that is composed of one representative each from the
department, the Pacific Fishery Management Council, National
Marine Fisheries Service, Department of the Interior, Oregon
Department of Fish and Wildlife, California Department of
Fish and Game, 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.