BILL NUMBER: AB 1527 CHAPTERED
BILL TEXT
CHAPTER 154
FILED WITH SECRETARY OF STATE AUGUST 10, 2015
APPROVED BY GOVERNOR AUGUST 10, 2015
PASSED THE SENATE JULY 9, 2015
PASSED THE ASSEMBLY MAY 14, 2015
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, 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.
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 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 a wild bird or part 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, 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, 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, mollusk, crustacean, invertebrate,
amphibian, or part, spawn, or ovum of any of those animals.
SEC. 6. Section 54 of the Fish and Game Code is amended to read:
54. "Mammal" means a wild or feral mammal or part of a wild or
feral animal, but not a wild, feral, or undomesticated burro.
SEC. 7. Section 57 of the Fish and Game Code is amended to read:
57. "Nonresident" means a person who 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
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 provision of this code, the
commission, when promulgating 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, 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, 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. A regulation adopted pursuant to this code shall be filed
with the Secretary of State, as required by Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
SEC. 13. Section 301 of the Fish and Game Code is amended to read:
301. The commission may adopt regulations that it deems necessary
for the disposition of birds or mammals 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 finds
that game fish, resident or migratory birds, game or fur-bearing
mammals, amphibians, or reptiles have decreased in numbers in an
area, district, or portion of an area or district to the extent that
a scarcity exists, the commission may reduce the daily bag limit and
the possession limit on those game fish, birds, mammals, amphibians,
or reptiles that are in danger of depletion, for a period of time
that the commission may specify, or until new legislation addressing
the scarcity becomes effective.
(b) A regulation adopted pursuant to this section shall be filed
with the Secretary of State, and that filing shall be deemed a legal
notice thereof.
(c) The regulation shall be published twice in at least one
newspaper of general circulation in every county affected by the
order. The publications shall be separated by a period of not less
than one week and not more than two weeks. The regulation shall be
posted in such public places in each county as the director may
direct.
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, amphibians, reptiles, birds,
or mammals, except rare or endangered species, notwithstanding any
other law or regulation, pursuant to the terms and conditions of that
permit. A permit involving training by the armed forces of the
United States shall be issued to the commanding officer of the unit
having jurisdiction over the conduct of the survival training course.
A permit involving training by an elementary or secondary school in
the public school system shall be issued to the governing board or
superintendent of the district having jurisdiction over that school
and the conduct of the survival training course. A permit shall be
applicable only to the area established for that survival training as
designated by the commission in the permit and for the species and
numbers designated in the permit.
(b) The commission may revise a condition of a permit if it finds
revision is necessary to properly protect the fish, amphibians,
reptiles, birds, or mammals in the area.
(c) The term of a permit issued pursuant to subdivision (a) shall
be for not more than a calendar year.
(d) A report shall be submitted on the expiration of the permit
period specified pursuant to subdivision (c), or as otherwise
required by the commission, of all fish, amphibians, reptiles, birds,
or mammals taken during the period covered by the report in each
permit area. A new permit shall not be issued until the report has
been submitted and an existing permit may be canceled if a report is
not submitted when required by the commission.
(e) A person engaged in survival training taking a fish,
amphibian, reptile, bird, or mammal pursuant to a permit issued under
this section shall not use a firearm, bow and arrow, steel trap,
explosive, chemical, poison, drug, net, or fish tackle, except that
hooks, handlines, and improvised poles and lines may be used to take
fish.
SEC. 16. Section 326 of the Fish and Game Code is amended to read:
326. Before adopting a regulation pursuant to Section 325, the
commission at an open meeting shall publicly announce the contents of
the proposed regulation, and fix a time and place for a hearing on
the proposed regulation in each county that would be affected by the
regulation. The time for each hearing shall be at least 21 days after
the announcement, and the place shall be the county seat of the
affected county.
SEC. 17. Section 330 of the Fish and Game Code is amended to read:
330. Cooperative hunting areas, as described in Section 1575, may
be established in connection with any area opened to hunting under
the provisions of this article.
SEC. 18. Section 393 of the Fish and Game Code is amended to read:
393. (a) 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, 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 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 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 incident or other similar public safety 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 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, 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, 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 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, 75th
Congress). The department, with the approval of the commission, shall
perform any acts needed to conduct or establish cooperative
wildlife-restoration projects, as defined in that act of Congress, in
compliance with that act and rules and regulations adopted under
that act, and funds accruing to the State of California from license
fees paid by hunters shall not be diverted for a purpose other than
the administration of the department and the protection, propagation,
preservation, and investigation of fish and 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, 81st Congress). The department, with the approval of the
commission, may perform any acts needed to conduct or establish
cooperative fish restoration projects, as defined in that act of
Congress, in compliance with that act and rules and regulations
adopted under that act, and funds accruing to the State of California
from license fees paid by fishermen shall not be diverted for a
purpose other than the administration of the department and the
protection, propagation, preservation, and investigation of fish and
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 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) of
Part 1 of Division 3 of Title 2 of the Government Code shall govern
and apply to the conduct of the department in every 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, "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, 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.
(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.
(c) A person, who is deputized for the limited purpose stated in
subdivision (a) shall not enforce any other provision of this code.
Being deputized under this 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 shall be 18 years. 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 a warden or 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 the consent of the owner, a
search warrant, or an inspection warrant.
(b) 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.
(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.
(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.
(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.
(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 funds necessary for biological
research and field investigation and for the collection and diffusion
of statistics and information that pertain to the conservation,
propagation, protection, and perpetuation of birds and their nests
and 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 and their nests and eggs, fish and their
eggs, reptiles, amphibians, mollusks, crustaceans, or any other form
of plant or animal life taken under the provisions of 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 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. 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 Wildlife is authorized to
operate, maintain, and replace those facilities designated as fish
and wildlife enhancement facilities and to assume all costs of that
operation, 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 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 other than a
commissioner or an officer or employee of the 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.
An agent thus authorized may add a handling charge pursuant to
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 a
person authorized by the department to issue licenses.
(e) The license agent
handling fee, as provided under 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 law, the department may enter
into one or more agreements with 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 an
agreement under this section shall include, but not be limited to,
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 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. (a) The department may manage, control, and protect the
portions of the following spawning areas that occupy state-owned
lands, to the extent necessary to protect fishlife in these areas:
(1) The Sacramento River between Keswick and Squaw Hill Bridge,
near Vina.
(2) The Feather River between Oroville and the mouth of Honcut
Creek.
(3) The Yuba River between Englebright Dam and a point
approximately four miles east of Marysville.
(4) The American River between Nimbus Dam and a point one mile
downstream from Arden Way.
(5) The Mokelumne River between Pardee Dam and Lockeford.
(6) The Stanislaus River between Goodwin Dam and Riverbank.
(7) The Tuolumne River between La Grange Dam and the Geer Road
(J14) Bridge.
(8) The Merced River between Crocker Huffman Dam and Cressey.
(9) The Trinity River between Lewiston Dam and the confluence of
the North Fork Trinity, near Helena.
(10) The Eel River, from Fort Seward to Lake Pillsbury.
(11) The South Fork Eel River.
(12) The Middle Fork Smith River, from its mouth to Knopti Creek.
(13) The South Fork Smith River, from its mouth to Harrington
Creek.
(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.
(15) Battle Creek, from its mouth to Coleman Powerhouse.
(16) The Cosumnes River, from Meiss Road Bridge to Latrobe Road
Bridge.
(17) The Van Duzen River, from Yager Creek to the falls 11/2 miles
above Bloody Run Creek.
(18) The Mad River, from Blue Lake Bridge to Bug Creek.
(19) The Middle Fork Eel River.
(20) The Mattole River.
(21) The Noyo River.
(22) The Big River, Mendocino County.
(23) The Gualala River.
(24) The Garcia River, Mendocino County.
(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 a stream alteration of a prime
salmon or steelhead spawning area on land of which ownership has not
been legally determined, when in the director's opinion 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'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 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 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 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 a bird, mammal, fish, reptile,
or amphibian except as provided in this code or in a regulation
adopted pursuant to this code.
(b) Possession of a bird, mammal, fish, reptile, amphibian, or
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, is prima facie evidence the possessor took the bird,
mammal, fish, reptile, or amphibian, or 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 a mammal, bird, fish, reptile,
or amphibian outside of an established season or to exceed a bag
limit or possession limit established in this code or by a regulation
adopted by the commission. Violation of 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 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
a game bird or 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 a bird, mammal, fish, reptile,
amphibian, or part of any of those animals, taken in violation of
this code or a regulation 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 a prize or other inducement as a reward for
the taking of a game bird, mammal, fish, reptile, or amphibian in an
individual contest, tournament, or derby.
(b) The department may issue a permit to a person authorizing that
person to offer a prize or other inducement as a reward for the
taking of 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 16 years
of age or have a physical or mental disability, and the primary
purpose of the contest, tournament, or derby is to introduce those
anglers 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 a person conducting what is
generally known as a frog-jumping contest, or, in waters of the
Pacific Ocean, what is generally known as a fish contest.
(d) This section does not apply to a person conducting an
individual contest, tournament, or derby for the taking of a game
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
bird, game mammal, or game fish.
(b) It is unlawful for one or more persons to throw or cast the
rays of a spotlight, headlight, or other artificial light on a
highway or in a field, woodland, or forest where game mammals,
fur-bearing mammals, or nongame mammals are commonly found, or upon a
game mammal, fur-bearing mammal, or nongame mammal, while having in
his or her possession or under his or her control 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 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, to take a mammal or bird.
(b) A shotgun that has been modified with the insertion of a plug
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, or
amphibians apply to birds, mammals, fish, reptiles, 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. (a) Except as otherwise provided in this section, it is
unlawful to possess a bird, mammal, fish, amphibian, or reptile, that
may not be legally sold, in a restaurant or other eating
establishment.
(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 land for the purpose of discharging
a firearm or taking or destroying a mammal or bird, including
waterfowl, on that land, without having first obtained written
permission from the owner, the owner's agent, or the person in lawful
possession 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, 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 shall publish from time to time as changes
arise, a list of animals that may not be imported or transported into
this state.
SEC. 52. Section 2348 of the Fish and Game Code is amended to
read:
2348. (a) The outside of a package offered to or received by a
common carrier or the carrier's agent for transportation, or
transported by a common carrier or agent, that contains a bird,
mammal, fish, reptile, or amphibian, shall clearly and conspicuously
indicate the following:
(1) The name and address of the shipper.
(2) The name and address of the consignee.
(3) The number and kind of bird, mammal, fish, reptile, and
amphibian contained in the package.
(b) Licensed commercial fishermen and licensed commercial fish
dealers are subject to all of the provisions of this section, except
that commercial shipments of fish may be indicated by total net
weight of each species instead of by numbers.
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, 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 legally taken in another
state that permits the sale of that fish may be imported into this
state under regulations of the commission. Before the commission
adopts any regulation pursuant to this section, a public hearing
shall be held in the San Francisco or Sacramento area.
SEC. 55. Section 2400 of the Fish and Game Code is amended to
read:
2400. (a) A common carrier may transport the carcass of a dead
domesticated game bird or mammal tagged with a domesticated game
breeder's tag as provided in Article 1 (commencing with Section 3200)
of Chapter 2 of Part 1 of Division 4.
(b) A tag or label shall be affixed to every package containing a
carcass transported pursuant to subdivision (a), which shall state
all of the following:
(1) The names of the person to whom the game breeder's license was
issued, the person who killed the game bird or mammal, the person to
whom the game bird or mammal is consigned, and the person who tagged
the game bird or mammal.
(2) The number of carcasses or portions thereof contained in the
package.
(3) That the game birds or mammals were killed and tagged in
accordance with the provisions of Article 1 (commencing with Section
3200) of Chapter 2 of Part 1 of Division 4.
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 that event, the benefits
they provide to the people of California, whether presently realized
or which remain to be discovered, will be lost forever, and
California will be significantly poorer as a result.
(c) The people of California have vested in the department the
principal responsibility for protecting, conserving, and perpetuating
native fish, plants, and wildlife, including endangered species and
game animals, for their aesthetic, intrinsic, ecological,
educational, and economic values. To help accomplish this goal, the
people of California have further established a significant natural
areas program and a natural diversity database in the department,
which is charged with maintaining and perpetuating California's most
significant natural areas for present and future generations. To
ensure the perpetuation of areas containing uncommon elements of
natural diversity and to ensure the continued abundance of habitat
for more common species, especially examples of those that are
presently threatened with destruction, the purchase of land is often
necessary.
(d) Accordingly, the purpose of this chapter is to provide the
Wildlife Conservation Board and the department the financial means to
correct the most severe deficiencies in wildlife habitat and in the
statewide system of areas designated for the preservation of
California's natural diversity through a program of acquisition,
enhancement, restoration, and protection of areas that are most in
need of proper conservation.
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 shall augment its
existing staff, whenever possible, by contracting for those services
necessary for the administration of this chapter. Any contract shall,
however, be entered into only pursuant to Sections 19130 to 19132,
inclusive, of the Government Code and shall be only for the minimum
period necessary for completion of the particular project or projects
for which the contract was entered into.
(b) Due to the limited duration of the program authorized by this
chapter, in the event some services cannot be provided by contract,
any personnel directly hired by the Wildlife Conservation Board for
the administration of this chapter shall be hired, to the extent
permitted by Article 2 (commencing with Section 19080) of Chapter 5
of Part 2 of Division 5 of Title 2 of the Government Code, as
limited-term appointments.
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 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 a person to shoot, shoot at, or kill
a bird or mammal with a gun or other device accessed via an Internet
connection in this state.
(b) It is unlawful for a person, firm, corporation, partnership,
limited liability company, association, or other business entity to
do either of the following:
(1) Own or operate a shooting range, site, or gallery located in
the state for the purpose of online shooting or spearing of a bird or
mammal.
(2) Create, maintain, or utilize an Internet Web site, or other
service or business in this state, for the purpose of online shooting
or spearing of a bird or mammal.
(c) It is unlawful to possess or confine a bird or mammal in
furtherance of an activity prohibited by this section.
(d) It is unlawful for a person in this state to import into, or
export from, this state a bird or mammal that is killed by a device
accessed via an Internet connection.
(e) A bird or mammal that is possessed in violation of this
section shall be subject to seizure by the department.
(f) For the purposes of this section, "online shooting or spearing"
means the use of a computer or other device, equipment, software, or
technology to remotely control the aiming and discharge of a weapon,
including, but not limited to, a firearm, bow and arrow, spear,
slingshot, harpoon, or other projectile device.
SEC. 60. Section 3004 of the Fish and Game Code is amended to
read:
3004. (a) It is unlawful for a person, other than the owner,
person in possession of the premises, or a person having the express
permission of the owner or person in possession of the premises,
while within 150 yards of an occupied dwelling house, residence, or
other building, or within 150 yards of a barn or other outbuilding
used in connection with an occupied dwelling house, residence, or
other building, to either hunt or discharge a firearm or other deadly
weapon while hunting. The 150-yard area is a "safety zone."
(b) It is unlawful for a person to intentionally discharge a
firearm or release an arrow or crossbow bolt over or across a public
road or other established way open to the public in an unsafe and
reckless manner.
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, a deer, elk, or bear kept in captivity may be killed only
with the approval of the department, and pursuant to any regulation
that the commission may adopt. The carcass of a deer, elk, or bear
kept in captivity may not be sold, and shall be disposed of as
directed by the department.
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 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) Pursuant to this section, the department shall issue to
a disabled veteran or recovering service member who has not been
convicted of a violation of this code a reduced fee hunting license
that authorizes the licensee to take a bird or mammal as authorized
by this code and regulations adopted pursuant to this code.
(b) The base license fee for a reduced fee hunting license shall
be four dollars ($4) for the hunting license year beginning on July
1, 1995, and, for the following years, this license fee may be
annually reviewed and adjusted in accordance with Section 713.
(c) For the purposes of this section, the following terms have the
following meanings:
(1) "Disabled veteran" means a person having a 50 percent or
greater service-connected disability and an honorable discharge from
military service.
(2) "Recovering service member" means a member of the military who
meets the definition of "recovering service member" in Section 1602
(7) of the federal National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181).
(d) A person applying for a reduced fee hunting license shall
submit to the department adequate documentation for the department to
determine whether the person is, in fact, eligible for a reduced fee
hunting license. The department shall not issue a reduced fee
hunting license to a person unless it is satisfied that the person
has provided adequate documentation of eligibility for that license.
(e) A disabled veteran shall submit the following documentation:
(1) Proof of an honorable discharge from military service.
(2) Proof of the disability described in paragraph (1) of
subdivision (c), either by certification from the United States
Department of Veterans Affairs or by presentation of a license issued
pursuant to this section in the preceding license year.
(f) A recovering service member shall submit a letter to the
department stating that the person is a recovering service member as
defined in subdivision (d), from either that person's commanding
officer or a military medical doctor. The letter may be submitted
either in hard copy form or online.
SEC. 64. Section 3039 of the Fish and Game Code is amended to
read:
3039. (a) Except as otherwise provided in this section, Section
3087, Section 4303, another provision of this code, or a regulation
adopted pursuant to this code, it is unlawful to sell or purchase a
bird or mammal found in the wild in California.
(b) Products or handicraft items made from furbearing mammals and
nongame mammals lawfully taken under the authority of a trapping
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) A person who illegally takes a bird or mammal for profit or
for personal gain by engaging in an activity authorized by this
section is subject to civil liability pursuant to Section 2582.
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.
(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.
(d) The department shall prescribe a minimum level of skill and
knowledge to be required of all hunter education instructors, and may
limit the number of students per instructor in all required classes.
(e) The department may revoke the certificate of an instructor
when, in the opinion of the department, it is in the best interest of
the state to do so.
(f) In order to recruit and retain hunter education instructors,
the department shall offer special hunting opportunities to qualified
hunter education instructors by providing a limited number of
existing tags and other hunting opportunities. The department may
provide these tags and hunting opportunities through any of the
following methods:
(1) The private lands management program described in Article 5
(commencing with Section 3400) of Chapter 2.
(2) The Shared Habitat Alliance for Recreational Enhancement
(SHARE) program described in Article 3 (commencing with Section 1570)
of Chapter 5 of Division 2.
(3) Entering into cooperative agreements with federal, state, and
local agencies that hold title to, or administer, lands or waters.
(4) Entering into cooperative agreements with landowners or
tenants seeking depredation permits for game mammals as described in
Section 4188.
(5) Authorizing a maximum of 15 tags from the annual tag quota, as
determined by the department.
(g) The department shall determine eligibility criteria for hunter
education instructors seeking the hunting opportunities offered
pursuant to subdivision (f). The department shall offer hunting
opportunities to eligible hunter education instructors only by random
drawing.
(h) The department may adopt regulations to implement this
section.
SEC. 66. Section 3052 of the Fish and Game Code is amended to
read:
3052. A person receiving instruction from a hunter education
instructor shall not be charged a fee for the service provided by the
instructor, but may be charged a fee to cover the costs incurred by
the instructor in teaching the class. A record of these costs shall
be kept for inspection by the department. Costs may include, but are
not limited to, range fees, ammunition, and transportation of
students.
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 bird or mammal from a donor to
give to a charitable organization or charitable entity.
(b) A person may possess a game bird or mammal during a period
other than the open season for that game bird or mammal, up to the
possession limit allowed for that game bird or mammal during the open
season, in any of the following circumstances:
(1) The person possesses a hunting license and a validated tag or
tags for the species possessed, or a copy of the license and tag or
tags. The license and tag or tags shall have been issued to that
person for the current or immediate past license year.
(2) The person is a donor intermediary who received the game bird
or mammal from a donor described in paragraph (1), and has a written
confirmation of the donation that is signed and dated by the donor,
and a photocopy of the donor's hunting license and the applicable
validated tag or tags from the current or immediate past license
year.
(3) The person is a donor intermediary who received the game bird
or mammal from a donor described in paragraph (1), and has a written
confirmation of the donation signed and dated by the donor, which
includes the donor's name, address, hunting license number, and
applicable tag numbers for the species possessed. The license and tag
or tags shall be for the current or immediate past license year.
(c) The documentation required by subdivision (b) shall be made
available to the department as described in Section 2012. There is no
required format for the documentation. Any written documentation
containing the required information shall be deemed to comply with
this section. A charitable organization or charitable entity
receiving and distributing a game bird or mammal for a charitable or
humane purpose shall maintain the documentation described in
paragraph (2) or (3) of subdivision (b) for one year from the date of
disposal.
(d) This section does not authorize the possession of a game bird
contrary to regulations adopted pursuant to the federal Migratory
Bird Treaty Act (16 U.S.C. Sec. 703 et seq.).
(e) On or before January 1, 2015, and subject to the requirements
of subdivision (d), the commission shall recommend legislation or
adopt regulations to clarify when a possession limit is not violated
by processing into food lawfully taken game birds or mammals.
SEC. 68. Section 3240.5 of the Fish and Game Code is amended to
read:
3240.5. (a) For purposes of this article, the following terms
have the following meanings:
(1) "Commercial hunting club" means property with respect to which
a fee is imposed or collected for either of the following:
(A) Taking or attempting to take birds or mammals on the property.
(B) A type of entry or use permit that includes permission to take
birds or mammals on the property.
(2) "Property" means a number of contiguous legal parcels owned by
one or more owners and held out for a common purpose.
(b) A person, including, but not limited to, an owner, renter, or
lessee, who is in possession or control of a commercial hunting club,
shall procure a commercial hunting club license before a bird or
mammal may be taken on the property.
(c) This article does not apply under any of the following
circumstances:
(1) The fees described in paragraph (1) of subdivision (a) that
are received by the owner, renter or lessee of the property are less
than one hundred dollars ($100) per entrant and total less than one
thousand dollars ($1,000) between July 1 and the following June 30.
Pursuant to Section 713, department may adjust the threshold amounts
established in this paragraph.
(2) The property is used in conjunction with the Shared Habitat
Alliance for Recreational Enhancement (SHARE) program under Article 3
(commencing with Section 1570) of Chapter 5 of Division 2.
(3) A domesticated game bird hunting club licensed under Article 3
(commencing with Section 3270) operates on the property.
(4) A domesticated migratory game bird shooting area licensed
under Article 4 (commencing with Section 3300) operates on the
property.
(5) The property is used by a hunting
club or program licensed under regulations adopted pursuant to this
code.
(6) The property is used in conjunction with the private wildlife
habitat enhancement and management program under Article 5
(commencing with Section 3400).
(7) The property is used for an officially sanctioned field trial
event pursuant to regulations adopted pursuant to this code.
(8) The property is subject to a recorded state, federal, or
nonprofit wildlife conservation or agricultural easement or is
enrolled in a habitat protection or enhancement program under this
code, including, but not limited to, Article 7 (commencing with
Section 3460).
(d) This chapter does not apply to an owner of property that is
rented or leased to a commercial hunting club, if the owner is not
involved in the operation of the club and the club is licensed in
accordance with this chapter.
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, in the
same county as the originally licensed land, without an additional
fee, if the commission finds the new land suitable for the purposes
of the license and the transfer does not conflict with the public
interest.
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
a game bird or nongame 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,
or Section 2835, a fully protected 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 a permit or license
to take a fully protected bird, and no permit or license previously
issued shall have any force or effect for that purpose. However, the
department may authorize the taking of 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 a fully protected bird pursuant to a
permit for the protection of livestock. Before authorizing the take
of 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 relevant information and comments on the proposed
authorization.
(2) As used in this subdivision, "scientific research" does not
include an action taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected 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. A mammal occurring naturally in California that is not a
game mammal, fully protected mammal, or fur-bearing mammal is a
nongame 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
a bobcat, or attempt to do so, or to sell or export a 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 a bobcat by 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 a
bobcat found to be injuring crops or other property, pursuant to
Section 4152, another provision of this code, or a regulation adopted
pursuant to this code.
(d) Notwithstanding Section 2016 or any other provision of this
code, on and after January 1, 2014, it shall be unlawful to trap a
bobcat, or attempt to do so, on private land not belonging to the
trapper without the express written consent of the owner of that
property. The placing or possession of a trap or the possession of a
bobcat on 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,
or Section 2835, a fully protected 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 a permit or license
to take a fully protected mammal, and no permit or license previously
issued shall have any force or effect for that purpose. However, the
department may authorize the taking of a fully protected mammal for
necessary scientific research, including efforts to recover fully
protected, threatened, or endangered species. Before authorizing the
take of 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 relevant information and comments on the proposed
authorization.
(2) As used in this subdivision, "scientific research" does not
include an action taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected 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 a mountain lion or a product 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 a
mountain lion or a product of a mountain lion, when the owner can
demonstrate that the mountain lion, or product 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 a product of a mountain lion carcass, if all of the
following requirements are met:
(A) The carcass or carcass 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 product for the purposes of this paragraph.
(c) 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 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 a permitholder to pursue,
capture, temporarily possess, temporarily injure, mark, surgically
implant a monitoring or recognition device in or attach such a device
to, provide veterinary care to, and transport, a mountain 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 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 lion or a product of a
mountain lion.
(2) Attaching monitoring or recognization devices 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 animals affected by the research project.
(4) The recording of the adverse effects of authorized research
procedures on mountain lions and other wildlife.
(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).
(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 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,
transport, or shoot a projectile at, a tortoise (Gopherus). This
section does not apply to the taking of 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 any terms and
conditions prescribed by the commission, authorizing the possession
of a tortoise (Gopherus) or product 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 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 a permit or license to take a fully protected reptile or
amphibian, and no permit or license previously issued shall have any
force or effect for that purpose. However, the department may
authorize the taking of a fully protected reptile or amphibian for
necessary scientific research, including efforts to recover fully
protected, threatened, or endangered species. Before authorizing the
take of 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 relevant information and
comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not
include an action taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected 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,
or Section 2835, a fully protected fish 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 a permit or license
to take a fully protected fish, and no permit or license previously
issued shall have force or effect for that purpose. However, the
department may authorize the taking of a fully protected fish for
necessary scientific research, including efforts to recover fully
protected, threatened, or endangered species. Before authorizing the
take of 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 relevant information and comments on the proposed
authorization.
(2) As used in this subdivision, "scientific research" does not
include an action taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected fish 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 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 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 department.
(b) The 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 department.
(b) The 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 offer to buy or sell, a whole sturgeon, or
part of a sturgeon, including, but not limited to, its eggs, except
as follows:
(1) A sturgeon, part of a sturgeon, or sturgeon eggs, taken or
possessed by, and the cultured progeny of, an aquaculturist who is
registered under Section 15101, may be bought or sold subject to
regulations of the commission.
(2) A sturgeon, part of a
sturgeon, or sturgeon eggs, taken commercially in another state that
permits the sale of sturgeon, and lawfully imported under Section
2363, may be possessed, bought, or sold.
(3) Sturgeon, or 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 part of a sturgeon is possessed for commercial
purposes, if the possession 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 deterioration or
waste of 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 a
fish, 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 purpose, or possess on a commercial fishing vessel
registered pursuant to Section 7881, a shark fin or tail or part of a
shark fin or tail that has been removed from the carcass. However, a
thresher shark fin or tail that has been removed from the carcass
and whose original shape remains unaltered may be possessed on a
registered commercial fishing vessel if the 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 shall not be bought, sold, offered for sale,
transferred to another person, landed, brought ashore, or used for a
purpose other than consumption by the crew and passengers.
(d) (1) All fish shall be maintained in 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) A fish that may be possessed under sportfishing regulations
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. A person shall not take or possess 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) A person owning or operating 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 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
Division of Boating and Waterways, taking into consideration the
responsibilities and duties of the 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 adopted pursuant to this code, the director or a
representative appointed by the director, may, without notice or a
hearing, grant a license to a fish reduction plant to dispose of dead
or dying fish. The license may be immediately issued by the director
or the director's representative whenever that person determines, in
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 a boat engaged in taking anchovies in
waters south of the line described in Section 8180 shall at all times
while operating 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 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 crab taken during the open 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 the crab or crab meat.
SEC. 92. Section 8371 of the Fish and Game Code is amended to
read:
8371. Striped bass and salmon may be sold or offered for sale
only under the following conditions:
(a) If the striped 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 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 may be possessed, sold, or
purchased.
(c) If the salmon is taken legally in another state that permits
the sale of salmon, and is lawfully imported consistent with Section
2361, the salmon may be possessed, sold, or purchased.
(d) If the salmon is taken in accordance with Article 4
(commencing with Section 8210.2), the 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 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 either prior to or no later than two
days after receipt of the fish. No black marlin (Makaira Indica)
imported into California may leave the premises of the original
consignee unless written permission is received from the 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 a person serve in the permittee's place
on the permittee's vessel and engage in fishing under the permittee's
drift gill net shark and swordfish permit for not more than 15 days
in 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 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's headquarters
office in Sacramento, and shall contain any information the director
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 a bird or mammal in a game refuge.
(b) To use or have in possession in a game refuge, a firearm, BB
device as defined in Section 16250 of the Penal Code, crossbow, bow
and arrow, or a trap or other contrivance designed to be, or capable
of being, used to take birds or mammals, or to discharge a firearm or
BB device or to release an arrow or crossbow bolt into a game
refuge.
(c) To take or possess a fish or amphibian in a fish refuge, or to
use or have in possession in that refuge a contrivance designed to
be used for catching fish.
(d) To take or possess a bird, discharge a firearm or BB device,
or release an arrow or crossbow bolt, within or into a waterfowl
refuge.
(e) To take or possess a quail in a quail refuge.
(f) To take or possess an invertebrate or specimen of marine plant
life in a marine life refuge.
(g) To take or possess a clam or an instrument or apparatus
capable of being used to dig 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 a game refuge,
and exercise control over all fish in a fish refuge.
(b) Authorize the department to issue, under any restrictions it
deems best, permits that authorize the person named therein to carry,
use, and possess, within a refuge, firearms, traps, or other
contrivances for taking birds, mammals, fish, amphibians, or
reptiles.
(c) Except as provided in Sections 10502.5, 10502.8, 10655, and
10657, authorize the department to issue permits that authorize the
person named therein to take birds, mammals, fish, amphibians, or
reptiles within a refuge.
(d) Adopt regulations not in conflict with any law for the
protection of birds, mammals, fish, amphibians, reptiles, or marine
life within 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, amphibians, and reptiles, the commission may do
all of the following:
(a) Accept, on behalf of the state, donations of an interest in
land within a refuge.
(b) Accept, on behalf of the state, from a person owning and in
possession of patented 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, amphibians, and reptiles on the
patented land.
(c) Accept, on behalf of the state, donations of birds, mammals,
fish, 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 a person who has given the notice
provided for in Section 10506 to transport a bird or mammal through a
game refuge, if lawfully taken outside the refuge, and if the bird
or mammal 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 a bird, mammal, fish, amphibian, or reptile from a
refuge within that area from which the taking is 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 a person from taking a bird, mammal, fish, amphibian,
or reptile from or on navigable water in 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, 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 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,
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, Raccoon Strait, San Pablo Bay, the
Carquinez 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 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 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 a fish of the species
designated in any of those sections is unlawfully possessed and each
unlawful transaction involving the purchase or sale of a fish of
those 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) A person who illegally takes, possesses, imports,
exports, sells, purchases, barters, trades, or exchanges a bird,
fish, mammal, reptile, amphibian, or part of any of those animals,
for profit or personal gain, is guilty of a misdemeanor punishable by
a fine of not less than five thousand dollars ($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) 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 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) 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)
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.
(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. A person who, while hunting, kills or wounds or
witnesses the killing or wounding of 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 Wildlife, 1416 Ninth Street, Sacramento, California 95814,
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 a person of a violation
of any provision of this code or regulation adopted pursuant to this
code relating to the taking or possession of a bird or mammal in a
five-year period, and upon a conviction subsequent to the three
convictions during a five-year period, that person shall be
prohibited from taking a bird or mammal in the state for three years
from the date of the last conviction. The commission shall revoke a
hunting license of a person prohibited from taking a bird or mammal
in this state for the period of prohibition.
(b) It shall be unlawful for 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. A bird, mammal, fish, reptile, or amphibian seized under
circumstances in which it cannot be determined who took, possessed,
sold, imported, or transported the bird, mammal, fish, reptile, or
amphibian contrary to law may be sold or donated to a state, county,
city, city and county, or charitable institution.
SEC. 111. Section 12163 of the Fish and Game Code is amended to
read:
12163. A person who purchases birds, mammals, fish, reptiles, or
amphibians from the department pursuant to the preceding sections
shall, upon delivery, pay to the department, for deposit in the Fish
and Game Preservation Fund, the prevailing market price for legal
birds, mammals, fish, reptiles, or 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 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
taken while trespassing, and shall dispose of the bird or mammal 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. (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 that tribe and under those circumstances in this state
where the code was not applicable to them immediately before the
effective date of Public Law 280, Chapter 505, First Session, 1953,
83d Congress of the United States.
(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 described in subdivision (a). Nothing in
this section, however, prohibits or restricts the prosecution of an
Indian for the violation of a provision of this code prohibiting the
sale of a bird, mammal, fish, 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 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 one hundred dollars ($100) for each day performing official
duties pursuant to the direction of the commission, and each
commissioner shall receive actual and necessary travel expenses
incurred in performing official duties 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) 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 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 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 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 that usage would not
adversely effect other user groups, including sportfishing and the
ocean commercial fishery.
(g) 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 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 460ss-2 of Title 16 of the United States
Code 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, 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.