citation: FGC § 1660

text:
(a) A qualifying state agency that funds a project to restore fish and wildlife habitats shall indemnify and hold harmless a real property owner who voluntarily allows their real property to be used for the project from civil liability for property damage or personal injury resulting from the project if all of the following requirements are met:

(1) The project is authorized pursuant to Section 1602, 1652, or 1653.

(2) The project has received all approvals required under Part 1 (commencing with Section 6000) of Division 3 of the Water Code or Division 7 (commencing with Section 13000) of the Water Code.

(3) The liability arises from the construction, design specifications, surveying, planning, supervision, testing, or observation of construction related to the project.

(4) The real property owner does not perform, or retain any person or entity to perform, any construction, design specifications, surveying, planning, supervising, testing, or observation of construction related to the project.

(5) The project qualifies for an exemption from Division 13 (commencing with Section 21000) of the Public Resources Code as a small habitat restoration project under guidelines adopted by the Secretary of the Natural Resources Agency pursuant to Section 21084 of the Public Resources Code.

(b) In the case of a project that does not meet the requirements prescribed in paragraph (5) of subdivision (a), but meets all other requirements of subdivision (a), a qualifying state agency may indemnify and hold harmless a real property owner who voluntarily allows their real property to be used for the project from civil liability for property damage or personal injury resulting from the project.

(c) A qualifying state agency may develop any guidelines, forms, or contracts necessary to implement subdivision (a). Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development, adoption, or amendment of guidelines, forms, or contracts pursuant to this subdivision.

(d) A qualifying state agency may enter into an agreement with the United States government, or subdivision thereof, to share the cost of any civil liability incurred pursuant to subdivision (a) or (b).

(e) (1) The costs of any civil liability incurred by a qualifying state agency pursuant to subdivision (a) or (b) shall be processed without delay and paid from the General Fund, and those costs shall be submitted as a claim against the qualifying state agency by the real property owner pursuant to Section 905.2 of the Government Code.

(2) The costs incurred by a qualifying state agency in investigating, settling, or defending against any claim pursuant to subdivision (a) or (b) shall be paid from the General Fund, in accordance with Section 965 of the Government Code.

(f) This section shall not be construed to alter any existing rights, duties, or obligations arising from Title 12 (commencing with Section 2772) of Part 4 of Division 3 of the Civil Code.

(g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(h) For purposes of this section, a “qualifying state agency” means the Natural Resources Agency and the California Environmental Protection Agency, as well as all boards, commissions, conservancies, and departments within the jurisdiction of those agencies.

history: (History: Amended by Stats. 2022, Ch. 325, Sec. 1. (AB 1906) Effective September 15, 2022.)

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 6.6. Voluntary Stream Restoration Property Owner Liability


kind: section

code: FGC

citation: FGC § 1670

text: This chapter shall be known as, and may be cited as, the Restoration Management Permit Act.

history: (History: Added by Stats. 2024, Ch. 681, Sec. 2. (AB 1581) Effective January 1, 2025. Repealed as of January 1, 2035, pursuant to Section 1678.)

division: 2. DEPARTMENT OF FISH AND WILDLIFE

chapter: 6.7. Restoration Management Permit Act

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 6.7. Restoration Management Permit Act


citation: FGC § 1671

text:
As used in this chapter:

(a) “Baseline conditions” means existing native fish, wildlife, or plant population sizes, and the extent and quality of native fish, wildlife, or plant habitat in the area that would be affected by a qualifying restoration project. Fish, wildlife, plant, or habitat restoration activities required to satisfy avoidance, minimization, or mitigation requirements, or any combination of those requirements, for regulatory permits or approvals, regulatory enforcement actions or settlements, court orders, or other enforceable legal obligations shall be considered part of the baseline conditions, and those activities shall not count toward a substantial net benefit.

(b) “Management” means an activity, such as restoration of native fish, wildlife, plants, or their habitat and propagation, that will benefit, aid the conservation of, and assist in the recovery of a native fish, wildlife, or plant species.

(c) “Propagation” means activities that help sustain or increase native fish, wildlife, or plant populations for scientific, conservation, management, or educational purposes.

(d) (1) “Qualifying restoration project” means a management or propagation project that has the primary purpose of restoring native fish, wildlife, plants, or their habitat and that would result in a substantial net benefit to any one or more of the following, as determined by the department:

(A) Native fish.

(B) Native wildlife.

(C) Native plants.

(D) The habitat of native fish, native wildlife, or native plants.

(2) A qualifying restoration project may also have secondary or incidental benefits, including, but not limited to, flood risk reduction, recreation, or groundwater recharge.

(e) “Substantial net benefit” means a substantial, cumulative benefit to native fish, wildlife, plants, or their habitat, or any combination thereof, above baseline conditions that the department reasonably expects to result from a qualifying restoration project. In determining whether the department reasonably expects a qualifying restoration project to result in a substantial net benefit, the department shall consider the duration of the qualifying restoration project, all impacts on native fish, wildlife, plants, or their habitat, or any combination thereof, from the qualifying restoration project, and any other information the department determines to be relevant. A substantial net benefit shall assist either directly or indirectly in the recovery of native fish, wildlife, plants, or their habitat, or any combination thereof.


citation: FGC § 1672

text:
(a) The department may issue a restoration management permit to authorize take, possession, import, or export of any species or subspecies of fish, wildlife, or plant in association with a qualifying restoration project and to authorize any impacts to fish and wildlife resources as a result of activities otherwise subject to Section 1602, all pursuant to terms and conditions determined by the department.

(b) The department may authorize the take, possession, import, or export of any endangered species, threatened species, or candidate species designated pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.

(c) The department may authorize the take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish designated pursuant to Section 3511, 4700, 5050, or 5515 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project. The take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish that is authorized through a restoration management permit for a qualifying restoration project shall not be subject to Section 3511, 4700, 5050, or 5515.

(d) The department may authorize the take, possession, import, or export of any plant species designated as rare pursuant to Chapter 10 (commencing with Section 1900) for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.

(e) The department may authorize the take, possession, import, or export of any fish, amphibian, reptile, mammal, bird, or the nests or eggs thereof, or any other form of plant or animal life not subject to subdivisions (b) through (d), inclusive, for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.

(f) If a qualifying restoration project includes the substantial diversion or obstruction of the natural flow of, or substantial change or use of any material from the bed, channel, or bank of, any river, stream, or lake and the department determines the activity may substantially adversely affect an existing fish or wildlife resource, the department may authorize those activities through a restoration management permit. The department shall include reasonable measures necessary to protect that resource in the restoration management permit for the qualifying restoration project.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 74. (AB 1170) Effective January 1, 2026. Repealed as of January 1, 2035, pursuant to Section 1678.)


citation: FGC § 1673

text:
(a) The department may develop a permit application for restoration management permits. When applying for a restoration management permit, an applicant may propose protective measures contained within existing local, state, or federal agency authorizations for the applicant’s project or related documents to assist the department with developing restoration management permits that maximize consistency with other agency authorizations to the extent practicable.

(b) An application for a restoration management permit shall include all of the following:

(1) The appropriate application fee, if any, not to exceed the department’s reasonable costs, as determined by the department.

(2) The full name, mailing address, email address, and telephone number of the applicant. If the applicant is a corporation, firm, partnership, association, institution, or public or private agency, the name and address of the applicant, in addition to the name and address of the person responsible for the project.

(3) The project name and location, including latitude and longitude centroid in decimal degrees, and a project map.

(4) The estimated or desired project start and end dates.

(5) A detailed description of the project activities and desired outcomes, including, but not limited to, restoration plans and drawings.

(6) A detailed description of the area where the project will be carried out, including the project size, habitat types, and biological setting.

(7) A description of the department authorization or authorizations described in Section 1672 that the applicant is seeking for the project.

(8) A detailed description of baseline conditions for all areas that may be affected by the project.

(9) A detailed description of how the project satisfies the definition of qualifying restoration project set forth in Section 1671, including a detailed description of the expected benefit to native fish, wildlife, plants, or their habitat, or any combination thereof, above baseline conditions.

(10) If the applicant is seeking one or more take authorizations pursuant to Section 1672, the applicant shall provide all of the following:

(A) A list of species for which the applicant is seeking one or more take authorizations.

(B) A detailed description of the types of species take, including pursue, catch, capture, or kill, and the mechanisms by which species take would occur.

(C) An estimate of the number of individuals that would be taken, based on population numbers, or a proxy estimate based on the amount of suitable habitat, for each species for which the applicant is seeking one or more take authorizations.

(D) Species protection measures proposed by the applicant to minimize the impacts of the potential take, including any measures required or expected to be required in other approvals or permits.

(11) If the applicant is seeking an authorization pursuant to Section 1672 for activities that would otherwise be subject to Section 1602, the applicant shall provide all of the following:

(A) A detailed description of anticipated temporary and permanent impacts to any affected river, stream, or lake.

(B) Proposed feasible measures to protect any river, stream, or lake and to minimize project impacts, including any measures required or expected to be required in other approvals or permits.

(12) A copy of any other federal, state, or local permit or agreement already issued for the project.

(13) Copies of any final documents prepared for the project pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, including, but not limited to, environmental impact reports, mitigated negative declarations, negative declarations, notices of determination, and notices of exemption.

(14) Any other information the department determines to be necessary.


citation: FGC § 1674

text:
(a) The Restoration Management Permit Program Fund is hereby established in the State Treasury.

(b) The department may establish a schedule of fees to be charged for all or a portion of the department’s costs relating to the administration of restoration management permits, not to exceed the department’s reasonable costs.

(c) Fees received pursuant to this section shall be deposited in the Restoration Management Permit Program Fund.


citation: FGC § 1675

text:
(a) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall apply to the development, adoption, or amendment of any rules, instructions, or criteria pursuant to this chapter, but not to the development, adoption, or amendment of permit applications or guidance materials. All rules, instructions, criteria, permit applications, and guidance materials shall be posted on the department’s internet website.

(b) The department shall require appropriate species protection, management, monitoring, and reporting measures in each restoration management permit issued by the department.


citation: FGC § 1676

text:
(a) The department shall post on its internet website a list and description of every qualifying restoration project permitted by the department pursuant to this chapter. The description shall note the county or counties and the watershed or watersheds in which each project is located.

(b) On or before January 1, 2034, the department shall submit a report to the Legislature that evaluates the impacts and outcomes of this chapter on the pace and scale of restoration projects. The report shall be submitted in compliance with Section 9795 of the Government Code and shall include all of the following:

(1) A list and description of every qualifying restoration project permitted by the department pursuant to this chapter. The description shall note the county or counties and the watershed or watersheds in which each project is located.

(2) The number of days to process each permit, including a discussion of the reasons for any permitting delays.

(3) Identification of any qualifying restoration projects permitted by the department that also qualified for an exemption from the California Environmental Quality Act pursuant to Section 21080.56 of the Public Resources Code.

(4) An analysis of the impacts and outcomes of this chapter, including whether the implementation of this chapter helped to reduce permit processing times for restoration projects.

(5) Recommendations to improve the program.


citation: FGC § 1677

text: The department shall not issue a restoration management permit for the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance facilities.


citation: FGC § 1678

text: This chapter shall remain in effect only until January 1, 2035, and as of that date is repealed.

history: (History: Added by Stats. 2024, Ch. 681, Sec. 2. (AB 1581) Effective January 1, 2025. Repealed as of January 1, 2035, by its own provisions. Note: Repeal affects Chapter 6.7, commencing with Section 1670.)


citation: FGC § 1700

text:
It is hereby declared to be the policy of the state to encourage the conservation, maintenance, and utilization of the living resources of the ocean and other waters under the jurisdiction and influence of the state for the benefit of all the citizens of the state and to promote the development of local fisheries and distant-water fisheries based in California in harmony with international law respecting fishing and the conservation of the living resources of the oceans and other waters under the jurisdiction and influence of the state. This policy shall include all of the following objectives:

(a) The maintenance of sufficient populations of all species of aquatic organisms to insure their continued existence.

(b) The recognition of the importance of the aesthetic, educational, scientific, and nonextractive recreational uses of the living resources of the California Current.

(c) The maintenance of a sufficient resource to support a reasonable sport use, where a species is the object of sport fishing, taking into consideration the necessity of regulating individual sport fishery bag limits to the quantity that is sufficient to provide a satisfying sport.

(d) The growth of local commercial fisheries, consistent with aesthetic, educational, scientific, and recreational uses of such living resources, the utilization of unused resources, taking into consideration the necessity of regulating the catch within the limits of maximum sustainable yields, and the development of distant-water and overseas fishery enterprises.

(e) The management, on a basis of adequate scientific information promptly promulgated for public scrutiny, of the fisheries under the state’s jurisdiction, and the participation in the management of other fisheries in which California fishermen are engaged, with the objective of maximizing the sustained harvest.

(f) The development of commercial aquaculture.

history: (History: Amended by Stats. 1982, Ch. 1486, Sec. 4.)

chapter: 7. Conservation of Aquatic Resources

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7. Conservation of Aquatic Resources


citation: FGC § 1725

text: This act shall be known as the Trout and Steelhead Conservation and Management Planning Act of 1979.

history: (History: Added by Stats. 1979, Ch. 847.)

chapter: 7.2. Trout Management

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.2. Trout Management


citation: FGC § 1726

text:
The Legislature hereby finds and declares that it is the policy of the state to do all of the following:

(a) Establish and maintain wild trout stocks, that, to the extent possible, should be native fish, in suitable waters of the state that are readily accessible to the general public as well as in those waters in remote areas.

(b) Establish angling regulations designed to maintain the wild trout fishery in those waters by natural reproduction.

(c) Discourage artificial planting of hatchery-raised hybrid and nonnative fish species in wild trout waters or in other areas that would adversely affect native aquatic and nonaquatic species.

history: (History: Amended by Stats. 2012, Ch. 565, Sec. 6. (SB 1148) Effective January 1, 2013.)


text:
The Legislature further finds and declares all of the following:

(a) Hatchery production and stocking of California’s waters started over 140 years ago and is an enduring part of California’s history and attempts to steward its natural resources.

(b) Sustainable and adaptive management provides and improves recreational angling opportunities while protecting and maintaining native and wild trout fisheries, other species, and their mutual habitat.

(c) Management of the genetic diversity of California’s native trout species is imperative.

(d) Habitat restoration and the protection of cold water ecosystems are both of utmost importance to maintaining healthy wild trout populations, ensuring and promoting angler opportunities, and the sustainability of the inland trout fishery.

(e) The department shall seek to provide and enhance diverse recreational angling opportunities in California.

history: (History: Added by Stats. 2012, Ch. 565, Sec. 7. (SB 1148) Effective January 1, 2013.)


text:
(a) For the purposes of this chapter, “trout” includes steelhead trout.

(b) The department, in administering its existing wild trout program, shall maintain an inventory of all California trout streams and lakes to determine the most suitable angling regulations for each stream or lake. The department shall determine for each stream or lake whether it should be managed as a wild trout fishery, or whether its management should involve the temporary planting of native trout species to supplement wild trout populations that is consistent with this chapter. In maintaining the inventory, the department shall give priority to those streams and lakes that have the highest biological potential for producing sizeable wild trout, which are inhabited by rare species, or where the quality of the fishery is threatened or endangered and take into consideration public use. The biological and physical inventories prepared and maintained for each stream, stream system, or lake shall include an assessment of the resource status, threats to the continued well-being of the fishery resource, the potential for fishery resource development, and recommendations, including necessary changes in the allowed take of trout, for the development of each stream or lake to its full capacity as a fishery, consistent with this chapter.

(c) This section does not provide any public entity or private party with any new or additional authority to affect the management of, or access to, any private land without the written consent of the owner. Privately owned lakes and ponds not open to the use of the general public shall be subject to this section only with the written consent of the owner. This chapter shall not be construed as authorizing or requiring special treatment of adjacent land areas or requiring land use restrictions. It is the intent of the Legislature that this chapter should not diminish the existing authority of the department.

(d) The department shall make the inventory maintained pursuant to subdivision (b) publicly available on the department’s Internet Web site and the department shall continuously revise that inventory with the goal of reviewing every watershed once per decade.

history: (History: Amended by Stats. 2012, Ch. 565, Sec. 8. (SB 1148) Effective January 1, 2013.)


text: The Legislature further finds and declares that activities and programs mandated by this chapter are a continuation and perpetuation of the department’s existing wild trout program and other programs, and as such they shall be funded from existing budgetary resources.


citation: FGC § 1727

text:
(a) In order to provide for a diversity of available angling experiences throughout the state, it is the intent of the Legislature that the commission maintain the existing wild trout program, and as part of the program, develop additional wild trout waters in the more than 20,000 miles of trout streams and approximately 5,000 lakes containing trout in California.

(b) The department shall prepare a list of no less than 25 miles of stream or stream segments and at least one lake that it deems suitable for designation as wild trout waters. The department shall submit this list to the commission for its consideration at the regular October commission meeting.

(c) The commission may remove any stream or lake that it has designated as a wild trout fishery from the program at any time. If any of those waters are removed from the program, an equivalent amount of stream mileage or an equivalent size lake shall be added to the wild trout program.

(d) The department shall prepare and complete management plans for all wild trout waters not more than three years following their initial designation by the commission and update the management plan every five years following completion of the initial management plan.

history: (History: Amended by Stats. 2013, Ch. 275, Sec. 4. (AB 1420) Effective January 1, 2014.)


citation: FGC § 1728

text:
(a) Every five years the department shall update the Strategic Plan for Trout Management published in November 2003 as necessary to guide the state’s trout management.

(b) The Strategic Plan for Trout Management shall be intended to ensure all of the following:

(1) Thriving and self-sustaining, wild and native trout populations throughout their historic ranges.

(2) Providing and improving angling opportunities for wild and native trout and other trout.

(3) Providing for the conservation of wild and native trout.

(4) Environmental sustainability and overall ecosystem and watershed health.

(c) The Strategic Plan for Trout Management shall be guided by all of the following considerations:

(1) Adaptively managing trout populations, including, but not limited to, stocking practices, to establish thriving and self-sustaining native and wild trout fisheries in wild trout waters and, where possible, in other waters.

(2) Increasing angler satisfaction.

(3) Ensuring appropriate age distribution of wild trout when appropriate.

(4) Establishing ecologically and environmentally sustainable hatchery and stocking practices for native trout, including, but not limited to, the following:

(A) Hatchery and stocking practices consistent with this chapter.

(B) Stocking plans shall include consideration of angler satisfaction and public use of, and access to, the waters for angling. This may include, but is not limited to, harvest and catch rates, including, but not limited to, trophy catch rates, the potential for high angler satisfaction, and where appropriate, put and grow stocking.

(C) Native trout shall be preferentially stocked when stocking is employed.

(D) Designing stocking plans to maintain and optimize the genetic diversity of trout populations and to be consistent with the direction provided by the strategic trout management team.

(E) Stocking plans for species listed in Section 7261 shall not exceed the documented biological carrying capacity of the water or ecosystem.

(5) Integrating stakeholder involvement into the planning process.

(6) Monitoring and evaluating management processes through angler surveys, public meetings coordinated with county fish and game commissions, or by other means.

(d) The department shall prepare and complete trout management plans consistent with the Strategic Plan for Trout Management for all wild trout waters not more than three years following their initial designation by the commission. The department shall update the management plan every five years or as necessary following completion of the initial management plan. The department shall prepare trout management plans for other waters consistent with the Strategic Plan for Trout Management as appropriate.

(e) Before implementation, the Strategic Plan for Trout Management produced by the department shall be reviewed by the strategic trout management team, the hatchery operations committee, and an ad hoc peer review committee convened by the department to ensure compliance with sound management practices, improved genetic diversity, and use of the best available scientific information.

(f) The Strategic Plan for Trout Management and plans completed pursuant to subdivision (d) shall be publicly available on the department’s Internet Web site.

history: (History: Repealed and added by Stats. 2012, Ch. 565, Sec. 11. (SB 1148) Effective January 1, 2013.)


citation: FGC § 1729

text:
(a) The department shall give priority to stocking native hatchery-produced species in California’s waters, where stocking is determined to be appropriate by the department. Stocking of hatchery-produced fish is not appropriate in all of California’s waters, including, but not limited to, stocking in California’s waters that would adversely affect species listed under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3).

(b) Hatchery-produced trout shall be stocked to support sustainable angling recreation and promote angler access to trout fishing, including, but not limited to, urban fisheries.

(c) The department may provide outreach and educational materials to all anglers to promote awareness of environmental sustainability, ecosystem health, fish genetics, angling opportunities, and fish population management.

(d) Educational programs utilizing the hatcheries shall be encouraged.

(e) The department shall ensure that all trout stocked in waters of the state for recreational purposes are unable to reproduce through triploidy or other means, with the exception of fish planted into brood stock lakes, surplus brood stock planted according to fishery management decisions, fish planted to supplement waters that the department has determined to be genetically isolated from native fish populations, and native trout species produced for recovery and restoration within their native range.

(f) The department may develop, conduct, and respond to regular angler preference and satisfaction surveys. This is not a substitute for a preferred scientific data collection and monitoring program that would facilitate adaptive management of California’s inland trout fisheries.

(g) The department shall review angling regulations periodically and adjust those regulations to ensure consistency with the strategic plan described in Section 1728.

history: (History: Added by Stats. 2012, Ch. 565, Sec. 12. (SB 1148) Effective January 1, 2013.)


citation: FGC § 1730

text:
(a) By January 1, 2014, the department shall form an intradepartmental strategic trout management team to provide direction and oversee trout management statewide. Working under the framework of the Strategic Plan for Trout Management, the strategic trout management team shall direct and implement focused management and monitoring efforts for trout at the watershed level, in cooperation with local stakeholders.

(b) The strategic trout management team shall be responsible for developing basin management plans that are conservation based and are consistent throughout California for inland watersheds.

(c) The basin plans in subdivision (b) shall be reviewed by an ad hoc peer review committee, which may be convened under the guidance of the department’s Science Institute to ensure compliance with sound management practices and utilization of the best available scientific information.

history: (History: Added by Stats. 2012, Ch. 565, Sec. 13. (SB 1148) Effective January 1, 2013.)


citation: FGC § 1740

text: This chapter shall be known as the Black Bass Conservation and Management Act of 1980.

history: (History: Added by Stats. 1980, Ch. 1302, Sec. 1.)

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.3. Black Bass Conservation and Management


citation: FGC § 1741

text: The Legislature hereby finds and declares that it is the policy of the state to preserve and enhance black bass resources and to manage black bass populations to provide satisfactory recreational opportunities to the public.

chapter: 7.3. Black Bass Conservation and Management


citation: FGC § 1742

text: The Legislature further finds and declares that the black bass management program components specified in this chapter are a continuation of the department’s existing warmwater fisheries program, and, as such, shall be funded from existing department budgetary resources.


citation: FGC § 1743

text:
(a) The department’s black bass management program shall include, but not be limited to, the following components:

(1) The department shall determine the angler harvest of black bass populations and shall recommend to the commission the changes in angling regulations for black bass that would be necessary to prevent or correct overharvest.

(2) The department shall consider recommending to the commission catch and release regulations for black bass, including minimum or maximum size restrictions and management for trophy-sized black bass in some waters.

(3) The department shall consider the suitability of the many different species, subspecies, and strains of black bass when management programs are formulated.

(4) The department shall improve shoreline habitat for black bass in waters where insufficient habitat exists and shall encourage reservoir operating agencies to carry out shoreline habitat improvement projects.

(b) For the purposes of this section, “black bass” means fishes of the Centrarchidae family.


citation: FGC § 1745

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

(1) “Department-managed lands” includes lands, or lands and water, acquired for public shooting grounds, state marine (estuarine) recreational management areas, ecological reserves, and wildlife management areas.

(2) “Nonconsumptive uses” means compatible uses other than hunting and fishing.

(b) (1) Department-managed lands shall be operated on a nonprofit basis by the department.

(2) The department may enter into contracts or other agreements for the management and operation of department-managed lands with nonprofit conservation groups, recognized under Section 501(c) of the Internal Revenue Code, or resource conservation districts, as described in Chapter 3 (commencing with Section 9151) of Division 9 of the Public Resources Code.

(A) The contracts or other agreements authorized pursuant to this paragraph are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.

(B) The contracts or other agreements authorized pursuant to this paragraph shall adhere to the goals and objectives included in an approved management plan and shall be consistent with the purpose for which the lands were acquired and managed by the department. Any changes to the management plan shall be subject to public review and comment.

(c) Multiple recreational use of department-managed lands is desirable and that use shall be encouraged by the commission. Except for hunting and fishing purposes, only minimum facilities to permit other forms of multiple recreational use, such as camping, picnicking, boating, or swimming, shall be provided.

(d) (1) Hunting, fishing, wildlife viewing, wildlife photography, conservation education, and fish and wildlife research are priority uses compatible with department-managed lands, except for ecological reserves where uses shall be considered on an individual basis.

(2) Public uses of department-managed lands not described in paragraph (1), or subdivision (c) or (f), shall be authorized by regulations adopted by the commission. The commission may require the purchase of a special use permit for these other uses.

(e) Except as provided in Section 1765 and subdivision (h), and to defray the costs associated with multiple use, the commission may determine and fix the amount of, and the department shall collect, fees for any use privileges. Only persons holding valid hunting licenses may apply for or obtain shooting permits for department-managed lands.

(f) Commencing January 1, 2015, the department shall require the purchase of an entry permit for nonconsumptive uses of department-managed lands if the department finds that it is practical and would be cost effective for the state to collect entry permit fees.

(g) The following shall apply if the department requires the purchase of an entry permit pursuant to subdivision (f):

(1) The department shall require the purchase of an entry permit for nonconsumptive uses of a department-managed land only if a sign providing notice of the requirement has been posted at the department-managed land.

(2) To the extent feasible, the department shall allow nonconsumptive users to purchase an entry permit onsite.

(3) The department shall use the Automated License Data System to sell an entry permit.

(4) A nonconsumptive user shall have an entry permit in his or her immediate possession while on department-managed lands.

(h) Failure to obtain a permit as required pursuant to this section shall be an infraction as described in Section 12002.2.1. A person in possession of a valid hunting license, sport fishing license, or trapping license shall be exempt from a requirement to obtain a permit.

(i) The moneys generated pursuant to this section shall be deposited in the Native Species Conservation and Enhancement Account within the Fish and Game Preservation Fund, and shall be available, upon appropriation by the Legislature, to the department for the management and operation of its lands. To the extent that the department is able to identify the source of the fee revenue collected, the department shall provide no less than 35 percent of the funds generated pursuant to this section to the department-managed lands from which the fee revenues were collected.

(j) The commission and department may continue to allow free access to a department-managed land if the commission or department finds the best interests of that area would be served by not fixing a fee for use privileges.

history: (History: Added by Stats. 2012, Ch. 597, Sec. 1. (SB 1249) Effective January 1, 2013.)

chapter: 7.4. Department-Managed Lands

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.4. Department-Managed Lands


text:
(a) Notwithstanding any other provision of this code, the department may lease department-managed lands for agricultural activities, including, but not limited to, grazing, where consistent with the purpose for which the lands were acquired and compatible with the department’s approved management plan for the area, if available.

(b) The moneys collected from agricultural leases entered into pursuant to subdivision (a) shall be deposited by the department into the Wildlife Restoration Fund or the Fish and Game Preservation Fund and, upon appropriation by the Legislature, may be used to support the management, maintenance, restoration, and operations of department-managed lands.

history: (History: Amended by Stats. 2021, Ch. 115, Sec. 8. (AB 148) Effective July 22, 2021.)


text:
(a) The department shall do both of the following:

(1) Consider authorizing apiculture on department-managed wildlife areas, where deemed appropriate by the department.

(2) Determine, when developing or amending its land management plans, the following:

(A) If the department-managed wildlife areas, or any portion of those areas, are suitable for apiculture and whether apiculture is consistent with the management goals and objectives for those areas on a temporary, seasonal, or long-term basis.

(B) If the administration of apiculture on department-managed wildlife areas, where deemed appropriate by the department, is meeting the management goals and objectives for those areas.

(C) The appropriate fee and lease rent to be assessed for conducting apiculture on department-managed wildlife areas. The amount of the fee shall be sufficient to recover, but not exceed, all reasonable administrative and implementation costs of the department. The lease rent shall take into account whether the lease is a nonexclusive use of the land.

(b) The department, in implementing this section, may consult with apiculture experts, including, but not limited to, the Department of Food and Agriculture, the University of California, other academic or professional experts, and interested stakeholders, when considering authorizing apiculture on department-managed wildlife areas consistent with the respective management goals and objectives for those areas.

(c) Moneys collected for conducting apiculture on department-managed wildlife areas pursuant to subparagraph (C) of paragraph (2) of subdivision (a) shall be deposited by the department into the Wildlife Restoration Fund or the Fish and Game Preservation Fund and, upon appropriation by the Legislature, be used to support the management, maintenance, restoration, and operation of department-managed wildlife areas.

(d) The department may authorize the temporary placement of beehives on department-managed wildlife areas through simple lease or permit agreements specifying appropriate conditions. These agreements are not subject to competitive bidding requirements.

(e) The department may continue any authorization for apiculture on department-managed areas that it granted before January 1, 2015, without taking further action.

history: (History: Amended by Stats. 2021, Ch. 115, Sec. 9. (AB 148) Effective July 22, 2021.)


citation: FGC § 1750

text: This chapter shall be known and may be cited as the Native Species Conservation and Enhancement Act.

history: (History: Added by Stats. 1974, Ch. 898.)

article: 1. Short Title

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.5. Native Species Conservation and Enhancement > 1. Short Title


citation: FGC § 1755

text:
The Legislature finds and declares all of the following:

(a) That it is the policy of this state:

(1) To maintain sufficient populations of all species of wildlife and native plants and the habitat necessary to insure their continued existence at the optimum levels possible to insure the policies stated in paragraphs (2), (3), and (4).

(2) To provide for the beneficial use and enjoyment of wildlife and native plants by all citizens of the state.

(3) To perpetuate native plants and all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to man.

(4) To provide for aesthetic, educational, and nonappropriative uses of the various wildlife and native plant species.

(b) That the conservation and enhancement of wildlife species which are not the object of hunting and native plant species is in the general public interest and it is appropriate that the cost of programs to achieve such conservation and enhancement, including the biological and botanical research necessary thereto, and the diffusion of the information resulting therefrom to the public, be borne to the extent necessary by general public funds.

history: (History: Amended by Stats. 1977, Ch. 1181.)

article: 2. Findings and Declarations

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.5. Native Species Conservation and Enhancement > 2. Findings and Declarations


citation: FGC § 1756

text:
(a) The policy set forth in this chapter is in the public interest without regard to the economic value or the lack of economic value of wildlife or native plants.

(b) It is the policy of the state to require the recreational users of the state’s wildlife resources to support the management of lands managed by the department and the management of wildlife consistent with Section 711.

history: (History: Amended by Stats. 1988, Ch. 1539, Sec. 5.)

chapter: 7.5. Native Species Conservation and Enhancement

article: 2. Findings and Declarations


citation: FGC § 1758

text: The department shall annually provide an opportunity for licensed hunters to comment and make recommendations on the public hunting programs, including anticipated habitat conditions in the hunting areas on Type A and Type B Wildlife Areas, as defined under the commission’s regulations, through public meetings or other public outreach. In complying with this section, the department may hold regional meetings on its hunting programs for several different wildlife areas.

history: (History: Added by Stats. 2013, Ch. 387, Sec. 2. (SB 749) Effective January 1, 2014.)

article: 2.5. Bird Habitat Conservation

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.5. Native Species Conservation and Enhancement > 2.5. Bird Habitat Conservation


citation: FGC § 1760

text: The department shall maintain within the Fish and Game Preservation Fund a Native Species Conservation and Enhancement Account, which is hereby created, to permit separate accountability for the receipt and expenditure of moneys derived through donation from persons or organizations for the support of nongame and native plant species conservation and enhancement programs.

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.5. Native Species Conservation and Enhancement > 3. Native Species Conservation and Enhancement Account


citation: FGC § 1761

text: Whenever the department receives funds from persons or organizations for the support of nongame and native plant species conservation and enhancement programs, such funds shall be deposited in the Fish and Game Preservation Fund and credited to the Native Species Conservation and Enhancement Account.

article: 3. Native Species Conservation and Enhancement Account


citation: FGC § 1762

text: The department shall provide each person or organization making a contribution of five dollars ($5) or more for the support of nongame and native plant species conservation and enhancement programs a suitably prepared certificate, decal, medallion, or other object of public appreciation signifying the interest of such person or organization in the conservation and enhancement of native plant and wildlife species. The commission shall approve the form, nature, and content of any certificate, decal, medallion or other object proposed for use by the department pursuant to this section.


citation: FGC § 1763

text: The department may take all appropriate measures to encourage donations by individuals, organizations, and public agencies to the Native Species Conservation and Enhancement Account, including, but not limited to, public information concerning the status of native plant and wildlife species threatened by the activities of man. The cost to the department to carry out the provisions of this section may be charged to the Native Species Conservation and Enhancement Account.


citation: FGC § 1764

text:
(a) The director shall designate those particular areas of land managed by the department at which possession of a valid annual wildlife pass or day use pass shall be required. No designation shall be effective until a management plan for the area has been presented at a public meeting and the plan has been approved by the director.

(b) No person shall enter the designated area unless that person possesses an annual wildlife area pass or a day use pass issued pursuant to Section 1765, a valid hunting license issued pursuant to Section 3031, a valid trapping license issued pursuant to Section 4006, or a valid sport fishing license issued pursuant to Section 7149.05, 7150, or 7151, or that person is a member of a tour by an organized youth or school group that has been issued a day use pass.

(c) Notwithstanding subdivision (b), possession of a license or pass shall not be required of any person who:

(1) Is passing through the area on a public right-of-way.

(2) Possesses authorization by the commission or the department to conduct scientific or educational research.

(3) Is discharging duties in the course of employment, as specified by the department.

(4) Possesses written authorization from the department to enter the area for a specific purpose.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 15. (SB 798) Effective January 1, 2016.)


citation: FGC § 1765

text:
(a) The department may issue an annual wildlife area pass or a day use pass that authorizes the bearer to enter and use facilities and programs on the department managed lands subject to Section 1764 for the period of a calendar year or, if issued after the beginning of the year, for the remainder thereof. The fee for the annual wildlife area pass is ten dollars ($10). The fee for the day use pass is two dollars ($2); however, a tour by an organized youth or school group is exempt from the payment of this fee. The fees shall be adjusted in the calendar years following 1989 in accordance with Section 713. A person under the age of 16 years is exempt from the payment of fees under this section for an annual wildlife area pass or a day use pass.

(b) Any person eligible for a reduced fee or free sportfishing license pursuant to Section 7150 or 7151 shall be issued an annual wildlife area pass upon application therefor and under the same conditions and for the same fee as provided in those sections. There shall be appropriated in the annual Budget Act from the General Fund, for transfer to the Native Species Conservation and Enhancement Account, a sum equal to two dollars ($2) for each free annual wildlife area pass issued pursuant to this subdivision during the preceding calendar year.

history: (History: Added by Stats. 1988, Ch. 1539, Sec. 7.)


citation: FGC § 1766

text: The department may also offer for sale a native species stamp, promotional materials, and nature study aids. The fee for a native species stamp is seven dollars and fifty cents ($7.50), as adjusted in the calendar years following 1989 in accordance with Section 713.

history: (History: Added by Stats. 1988, Ch. 1539, Sec. 8.)


text:
(a) The revenues from fees and sales under this article and Section 1055.3 shall be deposited in the Native Species Conservation and Enhancement Account in the Fish and Game Preservation Fund, and shall be available for appropriation for expenditure in the 1988–89 and subsequent fiscal years in the following order of priority:

(1) Repayment of any loan to the account from the Fish and Game Preservation Fund. The amounts repaid annually shall be prorated to complete the repayment with interest on or before July 1, 1993. Interest shall be calculated at the rate earned by the Surplus Money Investment Fund from the date funds for the loan were advanced to the date of repayment.

(2) The costs of ongoing wildlife management programs incurred at any lands managed by the department alone or cooperatively with other governmental agencies, irrespective of their designation pursuant to Section 1764, that are not adequately funded under subdivision (a) or (c) of Section 711.

(3) The costs of natural history education and recreational programs and improvements at areas designated pursuant to Section 1764.

(4) Augmentation of wildlife management programs and acquisition of additional lands at areas designated pursuant to Section 1764.

(b) Revenues from fees and sales under this article and Section 1055.3 shall be used to augment and not to replace money appropriated from existing funds available to the department for the purposes specified in subdivision (a).

history: (History: Amended by Stats. 1992, Ch. 1370, Sec. 7. Effective October 27, 1992.)


citation: FGC § 1768

text: The Legislature finds and declares that the revenues from fees and sales under this article are related to the protection and propagation of fish and game within the meaning of Section 9 of Article XVI of the California Constitution.

history: (History: Added by Stats. 1988, Ch. 1539, Sec. 10.)


citation: FGC § 1769

text: The department may take all appropriate measures to encourage persons to obtain annual wildlife area passes and day use passes issued pursuant to Section 1765, and to promote the sale of native species stamps, promotional materials, and nature study aids to provide revenue for the support of the department. The measures may include, but are not limited to, the dissemination of public information concerning the status of wildlife, fish, and plant species, conservation activities of the department, and programs and facilities provided by the department for the enjoyment of the lands managed by the department.

history: (History: Added by Stats. 1988, Ch. 1539, Sec. 11.)


citation: FGC § 1770

text: The department shall maintain within the Fish and Game Preservation Fund an Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account which is hereby created.

history: (History: Added by Stats. 1983, Ch. 1058, Sec. 1.)

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.5. Native Species Conservation and Enhancement > 4. Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account


citation: FGC § 1771

text:
(a) Whenever the department receives funds from the Treasurer under Article 5 (commencing with Section 18741) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code for the support of this article, the funds shall be deposited in the Fish and Game Preservation Fund and credited to the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account. These funds are for the support of programs for endangered and rare animals and native plant species as determined by the commission, related conservation and enhancement programs, and programs for those species which may be candidates for determination as endangered or rare under the criteria developed by the commission.

(b) The administrative overhead assessment on that portion of funds deposited in the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account expended through contracts shall not exceed 15 percent.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 22. (AB 1760) Effective January 1, 2024.)

article: 4. Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account


citation: FGC § 1772

text:
(a) The department may take all appropriate measures to encourage donations to this account through the tax return checkoff system provided for in Article 5 (commencing with Section 18741) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code.

(b) The department may also disseminate information to the public concerning the status of endangered and rare species.

(c) The cost to the department to carry out the provisions of this section may be charged to this account.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 23. (AB 1760) Effective January 1, 2024.)


citation: FGC § 1773

text: The department shall maintain the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund established pursuant to Section 18749.1 of the Revenue and Taxation Code.

history: (History: Added by Stats. 2017, Ch. 504, Sec. 1. (AB 1031) Effective January 1, 2018.)

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.5. Native Species Conservation and Enhancement > 5. Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund


text:
(a) The funds deposited in the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund pursuant to Article 5.2 (commencing with Section 18749) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code are to be used for the support of a competitive grant program to be established by the department for the purposes of the rehabilitation of injured, sick, or orphaned wildlife, and wildlife conservation education.

(b) A maximum of 5 percent of the funds allocated to the department may be used to defray the administrative expenses associated with administering the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund.

history: (History: Amended by Stats. 2024, Ch. 360, Sec. 1. (AB 1828) Effective January 1, 2025.)

article: 5. Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund


text:
To be eligible for grant funding from the competitive grant program established pursuant to Section 1773.1, an applicant shall meet all of the following criteria:

(a) The applicant shall provide proof that it is a nonprofit organization that operates a wildlife rehabilitation facility permitted pursuant to Section 679 of Title 14 of the California Code of Regulations.

(b) The applicant shall be in compliance with all conditions of its wildlife rehabilitation permit issued by the department and all applicable local, state, and federal laws.

(c) The applicant shall actively use an electronic database to maintain wildlife rehabilitation animal records.

history: (History: Amended by Stats. 2024, Ch. 360, Sec. 2. (AB 1828) Effective January 1, 2025.)


text:
(a) For purposes of this section, “covered grant” means a grant in an amount no greater than twenty thousand dollars ($20,000) with a grant period duration of no more than one year.

(b) In administering the competitive grant program established pursuant to Section 1773.1, the department may distribute up to 100 percent of the grant award of a covered grant upon its execution.

(c) (1) The department shall require a report from a covered grant recipient after the completion of a covered grant award that addresses both of the following:

(A) What objectives were met and the means used to meet them.

(B) What objectives were unmet and the reasons why they were unmet.

(2) A recipient nonprofit that fails to submit the report to the department shall be ineligible to receive a covered grant award for one year.

history: (History: Added by Stats. 2024, Ch. 360, Sec. 3. (AB 1828) Effective January 1, 2025.)


citation: FGC § 1775

text: This chapter shall be known and may be cited as the Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993.

history: (History: Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)

article: 1. General Provisions

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 > 1. General Provisions


citation: FGC § 1776

text:
The Legislature finds and declares the following:

(a) Wetlands are an important natural resource of the Sacramento-San Joaquin Valley because they provide significant habitat for migratory waterfowl of the Pacific flyway, for endangered species, and for many other resident wildlife and fish populations. Wetlands provide additional public benefits, including water quality improvement, flood protection, stream bank stabilization, recreation, and scientific research.

(b) Active and voluntary involvement by private landowners is necessary for the long-term availability and productivity of wetlands in the Sacramento-San Joaquin Valley.

(c) Large wetland preserves in the Sacramento-San Joaquin Valley, under certain circumstances, can provide an environmentally preferable alternative to a number of small, isolated wetland preserves of the same type surrounded by urban development.

(d) It is the policy of the state with respect to the Sacramento-San Joaquin Valley:

(1) To provide for the protection, preservation, restoration, enhancement, and expansion of the wetland habitat in the Sacramento-San Joaquin Valley.

(2) To promote the protection, preservation, restoration, enhancement, and expansion of the Sacramento-San Joaquin Valley wetlands in concert with other federal, state, and local programs, and interested parties.

(3) To improve cooperative efforts among private, nonprofit, and public entities for the management and protection of wetlands.

(4) To assure that no net loss of either wetland acreage or habitat values results from activities pursuant to this chapter in the Sacramento-San Joaquin Valley that otherwise comply with state and federal law.

(5) To encourage and maintain a predictable, efficient, and timely regulatory framework for environmentally acceptable development.

(6) To assure that the construction or maintenance of wetland mitigation banks in the Sacramento-San Joaquin Valley does not reduce any local tax base, does not create any uncompensated increased requirement for local services, and does not create conditions that have the potential to adversely affect the public health.

(7) To provide an alternative for accomplishing offsite mitigation in the Sacramento-San Joaquin Valley when offsite mitigation is required under a fill permit issued pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.).

(e) This chapter constitutes a nonexclusive alternative to other lawful methods of mitigating project impacts upon wetlands and maintaining and increasing wetlands acreage and habitat values generally. Specifically, this chapter is not intended to, and shall not be interpreted to:

(1) Condone or encourage the removal, loss, or degradation of wetlands.

(2) Condone or encourage the removal, loss, or degradation of habitat for any rare, threatened, or endangered species.

(3) Abrogate any other local, state, or federal law or policy relating to wetlands, nor prohibit any city or county from prohibiting the removal, filling, or other destruction of particular wetlands.

(4) Establish maximum or minimum standards or any other requirements for wetland fill or mitigation, except for mitigation banks established pursuant to this chapter.

(5) Have legal or necessary precedential application to any other area of the state, or to other lands, resources, situations, or circumstances.

(6) Preclude other forms of mitigation banking, including private or for-profit programs, within the Sacramento-San Joaquin Valley.

(7) Be the exclusive method of providing compensation by permittees for the loss of wetlands within the Sacramento-San Joaquin Valley.

chapter: 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993

article: 1. General Provisions


text: It is the intent of the Legislature that the funds necessary to cover the costs of administering this chapter be provided by the purchase of credits in mitigation bank sites.

article: 1. General Provisions


citation: FGC § 1777

text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

article: 1. General Provisions


text: “Bank site” or “mitigation bank site” means a publicly or privately owned and operated site on which wetlands have been or will be created in accordance with this chapter to compensate for adverse impacts caused by removal or fill permit activities authorized pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.). “Bank site” or “mitigation bank site” may include land on which rice is grown as long as those lands are managed as ricelands and those lands meet the other requirements of Section 1784.

history: (History: Amended by Stats. 1995, Ch. 928, Sec. 1. Effective January 1, 1996.)

article: 1. General Provisions


text: “Credit” means a numerical value that represents the wetland acreage and habitat values of a mitigation bank site.

article: 1. General Provisions


citation: FGC § 1778

text: “Operator” means the department, or a public or private person or entity approved by the department, to administer a wetlands mitigation bank site.

article: 1. General Provisions


text:
“Permittee” means a public or private person or entity that meets all of the following conditions:

(a) Has received a permit pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.) for the removal or filling of wetlands, subject to a condition that allows the permittee to compensate for the wetland loss through participation in a wetland mitigation bank pursuant to this chapter.

(b) Proposes to compensate for the loss of the wetlands through participation in a wetlands mitigation bank pursuant to this chapter.

(c) Proposes the discharge at a site within a qualifying urban area and not more than 40 miles from a bank site with sufficient acreage of the same types of wetlands that will provide suitable replacement habitat for the values that may be lost from the conversion of the existing wetlands.

article: 1. General Provisions


citation: FGC § 1779

text:
“Qualifying urban area” means any of the following when they occur within the Sacramento-San Joaquin Valley:

(a) A geographical area having a population of 50,000 or more inhabitants within the jurisdiction of a city, or a town, as defined by Sections 20 and 21 of the Government Code.

(b) A portion of any geographical area within a town, as defined in Section 21 of the Government Code, which has a population density equal to, or exceeding, 1,500 persons per square mile and which has a population of 50,000 or more inhabitants.

(c) A geographical area having a population density equal to, or exceeding, 1,500 persons per square mile, and an adjacent city, as defined in Section 20 of the Government Code, where the combined population of the geographical area and the city equals 50,000 or more inhabitants.

(d) A geographical area within the sphere of influence of a city or community services district for which the projected population of the adopted general plan equals 10,000 or more inhabitants.

article: 1. General Provisions


text: “Sacramento-San Joaquin Valley” means the central valley region, as defined in subdivision (g) of Section 13200 of the Water Code.

article: 1. General Provisions


citation: FGC § 1780

text: The purpose of this chapter is to ensure that no net loss of wetland acreage or habitat values within the Sacramento-San Joaquin Valley occurs as a result of fill permit activities pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.).

article: 2. Legislative Goals

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 > 2. Legislative Goals


citation: FGC § 1781

text: It is the state’s goal to increase the total wetlands acreage and values within the Sacramento-San Joaquin Valley.

article: 2. Legislative Goals


citation: FGC § 1784

text:
(a) The department, in cooperation with those agencies specified in Section 1786, shall adopt regulations that establish standards and criteria for the bank site qualification process, for the evaluation of wetland habitat acreage and values created at the bank sites, and for the operation and evaluation of bank sites, and any other regulations that are necessary to implement this chapter.

These criteria shall require, at a minimum, that the newly created wetland provide the hydrologic, vegetative, and wildlife characteristics, including the food web components, of a naturally occurring wetland system that is equal to the site being mitigated.

(b) With respect to bank site standards and operator qualifications, the department shall consider, at a minimum, all of the following criteria:

(1) A requirement that the bank site have a reliable, adequate, and available water supply necessary to provide wetland values. For wetlands dependent only on rainfall, rainfall satisfies this requirement.

(2) The relative ease or difficulty of converting uplands into wetlands at the bank site.

(3) The anticipated maintenance necessary to sustain the recreated and created wetlands at the bank site.

(4) The proximity of the bank site to other established preserves or natural features historically associated with abundant wildlife values.

(5) The proximity of the bank site to urban or populated areas that could reduce the bank site’s long-term biological values.

(6) The demonstrated ability of the bank site operator to create, administer, maintain, and protect the bank site in perpetuity in its enhanced state, including financial, technical, and management ability.

(7) The relative abundance or scarcity of the wetland type to be created at the bank site.

(c) A bank site or mitigation bank site may include any lands on which rice is grown as long as those lands are managed as ricelands with the required enhanced wetland values if they otherwise qualify under this chapter and either of the following conditions exist:

(1) The lands are lands on which rice was grown after January 1, 1996. For purposes of this paragraph, to qualify as new wetland values, rice shall not have been grown on the lands for 10 years before the application is submitted pursuant to Section 1785.

(2) The lands are lands on which rice was grown before January 1, 1996. These lands shall qualify only if there is an increase in wetland habitat value that is equal to the site being mitigated. For purposes of this paragraph, a wetland value shall only be provided for lands on which rice was grown that are proposed for wetlands mitigation for the period when that land is flooded between the harvesting of rice and the planting of the next crop. This paragraph shall apply only to lands that were not flooded after harvest between January 1, 1982, and January 1, 1992.

(d) Any mitigation site established pursuant to subdivision (c) may be replaced by a new site of an equal wetland value.

(e) This section shall not be construed to permit waters used to flood rice fields in order to create wetlands mitigation to be credited as beneficial to wildlife under federal law.

history: (History: Amended by Stats. 1996, Ch. 37, Sec. 1. Effective January 1, 1997.)

article: 3. Wetlands Mitigation Banks

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 > 3. Wetlands Mitigation Banks


citation: FGC § 1785

text: If any person desires to establish a wetlands mitigation bank site under this chapter, the person shall apply to the department for a determination that the bank site and the operator qualify under the criteria established by the department pursuant to this chapter. The determination that a bank site qualifies under this chapter is a project for purposes of Section 21065 of the Public Resources Code.

article: 3. Wetlands Mitigation Banks


citation: FGC § 1786

text:
(a) Before any wetlands are created on the bank site qualified pursuant to Section 1785, the department shall coordinate and shall be a signatory to a memorandum of understanding with the operator. The United States Environmental Protection Agency, the United States Army Corps of Engineers, the Fish and Wildlife Service of the United States Department of the Interior, the Central Valley Regional Water Quality Control Board, and the State Department of Health Services or its designee, or any of them, may be signatories by indicating to the department their interest in participating within 90 days of being notified by the department of the department’s intent to initiate the procedures described in this section. Any county located in whole or in part in the Sacramento-San Joaquin Valley may, by ordinance, require that it be a signatory to any memorandum of understanding for a bank site to be established within its boundary.

(b) The memorandum of understanding shall include, but is not limited to, all of the following items:

(1) Identification of the mitigation bank site, including the legal property description, acreage, types, and location of existing wetlands within the boundaries of the bank site.

(2) An agreement, by each of the governmental agencies in subdivision (a), that all new, successfully created wetland acreage shall qualify to be credited against the approved removal or fill of wetlands located in the qualifying urban area and within 40 miles of the bank site and is consistent with the procedures set out in this chapter.

(3) An agreement by the operator to do both of the following:

(A) Maintain all wetland habitat within the bank in optimum condition in perpetuity, barring an unforeseen natural catastrophe that precludes the viability of wetlands.

(B) Establish a trust or bond in favor of the department that provides sufficient funds to ensure administration, protection, operation, and maintenance in perpetuity of the wetland habitat acreage and values at the mitigation bank site if the operator defaults in performing the duties required pursuant to subparagraph (A).

(4) In the case of privately owned bank sites, identification of the circumstances that would constitute a major breach of the agreement and that would result in either the replacement of the operator, or the passing of title from the owner to the state, or both, including identification of procedures for adequate notice and opportunity for the operator to be heard and to correct any breach.

article: 3. Wetlands Mitigation Banks


citation: FGC § 1787

text:
(a) If the bank site owner is a public entity, that entity shall pay annually to the county in which the property is located an amount equal to the county taxes levied on the property at the time title to the bank site is transferred to that entity. The public entity shall also pay the assessments levied upon the property by any irrigation, drainage, or reclamation district.

(b) Payments under this section shall be made on or before December 10 of each year, except for newly acquired bank sites, for which payments shall be made pursuant to subdivision (c).

(c) Payments for newly acquired bank sites shall be made within one year of the date title to the property was transferred to the state, prorated for the balance of the year from the date title was transferred to the 30th day of June following the date title was transferred, and, thereafter, payments shall be made on or before December 10 of each year.

article: 3. Wetlands Mitigation Banks


citation: FGC § 1790

text: Upon the successful creation of any wetlands of at least 20 acres, or in the case of vernal pools, upon successful creation of vernal pools on a site at least 20 acres in size, the operator may request a determination by the department of the number of acres in the mitigation bank site, and the relative habitat value thereof, that qualify for credit against prospective wetland loss in the qualifying urban area. In determining the amount of mitigation bank credit, no credit shall be provided for habitat values or acreage that was in existence prior to the establishment of the bank.

article: 4. Wetlands

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 > 4. Wetlands


citation: FGC § 1791

text:
(a) Upon receipt of a request pursuant to Section 1790, the department shall determine the number of acres which are wetlands in the bank site based on the criteria established pursuant to Section 1784, and the department shall classify those wetlands according to established biological criteria.

(b) The classifications shall include, but are not limited to, the following wetland types:

(1) Perennial freshwater marsh.

(2) Perennial brackish marsh.

(3) Seasonal freshwater marsh.

(4) Wet meadow.

(5) Vernal pool.

(6) Riparian woodland.

(7) Riparian scrub.

article: 4. Wetlands


citation: FGC § 1792

text:
In the interest of assuring that the minimum price for wetland credit is sufficient to ensure the financial integrity of the bank, the department may establish a minimum price for each bank established pursuant to this chapter. The operator may set a higher price to the extent that price is consistent with the terms of the memorandum of understanding executed pursuant to Section 1785. After the department determines the number of wetland acres in the bank site that qualify for credit against wetland loss in a qualifying urban area, the operator shall provide to the department, and the department shall verify, an accounting of the average cost for each wetland acre created, by wetland type for the purpose of determining credits, using the following factors:

(a) Land costs, including the reasonable interest cost of holding the land.

(b) Wetland creation costs.

(c) Wetland administration, maintenance, and protection costs.

(d) Annual taxes, including all tax increases allowed under applicable state law, and in-lieu payments pursuant to Section 1787, if applicable.

(e) Costs incurred by the department in establishing the bank site, and the direct cost of necessary ongoing monitoring and oversight.

(f) Any other information relevant to a determination of the cost of preserving the wetlands in perpetuity.

article: 4. Wetlands


text: The department shall be reimbursed for those expenses of the department identified in Section 1792 according to a schedule contained in an agreement with the person establishing a wetland mitigation bank. The agreement shall be approved by all parties prior to the commencement of planning activities.

article: 4. Wetlands


citation: FGC § 1793

text: A permittee shall provide compensation pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.). The department shall classify the wetlands that the permittee will remove according to wetland type, consistent with Article 4 (commencing with Section 1790).

article: 5. Discharge into Wetlands

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 > 5. Discharge into Wetlands


citation: FGC § 1794

text:
Compensation pursuant to Section 1793 is subject to the condition that the operator establish the trust or bond required by subparagraph (B) of paragraph (3) of subdivision (b) of Section 1786 and, in addition, is subject to the following conditions:

(a) The full payment shall be used to purchase credits in the mitigation bank site.

(b) The payment shall provide for purchase of bank site wetland acreage required by Section 1793 that has the same hydrologic, vegetative, and other characteristics as the system for which it will serve as mitigation.

(c) A permittee shall not participate in a wetlands mitigation bank if a net loss of wetland habitat values or acreage occurs.

article: 5. Discharge into Wetlands


citation: FGC § 1795

text: After payment to the operator pursuant to this article, the permittee has no further obligations with respect to the operation of the bank site to which payment was made, unless the permittee has an equity involvement in the bank.

article: 5. Discharge into Wetlands


citation: FGC § 1796

text: No bank site shall be qualified under Section 1785 on or after January 1, 2015.

history: (History: Amended by Stats. 2009, Ch. 294, Sec. 8. (AB 1442) Effective January 1, 2010.)

article: 5. Discharge into Wetlands


citation: FGC § 1797

text:
The Legislature finds and declares as follows:

(a) Mitigation banks and conservation banks provide for the conservation of important habitats and habitat linkages, take advantage of economies of scale that are often not available to individualized mitigation projects, and simplify the state regulatory compliance process while achieving conservation goals.

(b) The department authorizes the establishment of private and public conservation and mitigation banks that can provide viable consolidated mitigation for adverse impacts caused by projects. Banks sell habitat or species credits to project proponents having mitigation responsibilities that require compensation for impacts to wetlands, threatened or endangered species, and other sensitive resources. The state policy on conservation banks was established in 1995 by the Natural Resources Agency and the California Environmental Protection Agency.

(c) In 2011, the department and other state and federal agencies, including the United States Fish and Wildlife Service, the National Marine Fisheries Service, the United States Army Corps of Engineers, and the United States Environmental Protection Agency, renewed a memorandum of understanding for the purpose of jointly establishing a framework for developing and using combined or coordinated approaches to mitigation and conservation banking in the state. The memorandum of understanding includes provisions for the development and continuous improvement of standardized banking program documents and guidance. Existing standardized documents identified in the memorandum of understanding include bank enabling instruments, conservation easements, long-term management plans, and bank proposal review checklists, among others.

(d) The department has properly excluded from being eligible as mitigation and conservation banks those lands that are not suitable to become banks, for reasons that include that the lands do not support significant biological resources or are not biologically viable, are subject to potentially inconsistent uses, encumbrances, or requirements, or would not meet requirements of permits or authorizations that require mitigation.

(e) Greater transparency is desired to ensure that mitigation requirements of regulatory programs, permits, and authorizations are fully met when employing conservation and mitigation banks, and that the monitoring of banks to ensure long-term conservation of species and habitats is scientifically valid.

(f) The private and public mitigation and conservation banks and the private and public entities to which bank credits are sold should fully fund the administrative and regulatory costs of the department in providing banking program services, administration and oversight.

(g) The department has found that the establishment and use of conservation and mitigation banks may result in added ecological benefits and reduced administrative costs over the more traditional forms of smaller, single-purpose mitigation projects.

(h) It is the intent of the Legislature that banking and all other forms of mitigation for wildlife species comply with regulatory requirements, are based on the best available scientific information, can be implemented successfully, and have adequate funding to achieve mitigation measures and be monitored for compliance and effectiveness. The Legislature recognizes that mitigation and conservation banking is important to the state because banks provide regulatory efficiencies, environmental benefits, and economic advantages. Properly developed and monitored banks have demonstrated their value and efficacy and are important tools in mitigating impacts to resources and in conserving a wide range of habitat lands.

history: (History: Added by Stats. 2012, Ch. 565, Sec. 14. (SB 1148) Effective January 1, 2013.)

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.9. Conservation Bank and Mitigation Bank Applications and Fees


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

(a) “Bank” means a conservation bank, mitigation bank, or conservation and mitigation bank.

(b) “Bank enabling instrument” means a written agreement with the department regarding the establishment, use, operation, and maintenance of the bank.

(c) “Bank sponsor” means the person or entity responsible for establishing and operating a bank.

(d) “Conservation bank” means a publicly or privately owned and operated site that is to be conserved and managed in accordance with a written agreement with the department that includes provisions for the issuance of credits, on which important habitat, including habitat for threatened, endangered, or other special status species, exists, has been, or will be created to do any of the following:

(1) Compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.

(2) Reduce adverse impacts to fish or wildlife resources from activities, authorized pursuant to Chapter 6 (commencing with Section 1600) of Division 2, to less than substantial.

(3) Mitigate significant effects on the environment pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations).

(4) Establish mitigation in advance of any impacts or effects.

(5) To the extent feasible and practicable, protect habitat connectivity for fish and wildlife resources for purposes of this section.

(e) “Conservation easement” means a perpetual conservation easement, as defined by Section 815.1 of the Civil Code, covering the real property that comprises the bank site.

(f) “Mitigation bank” means either of the following:

(1) A bank site or mitigation bank site as defined by Section 1777.2.

(2) Any publicly or privately owned and operated site, other than those defined by Section 1777.2, on which wetlands exist, have been, or will be created, and that is to be conserved and managed in accordance with a written agreement with the department for any of the purposes described in paragraphs (1) to (4), inclusive, of subdivision (d).

(g) “Person” has the meaning set forth in subdivision (b) of Section 711.2.

(h) “Prospectus” means a written summary of the proposed bank containing a sufficient level of detail to support informed department review and comment.

history: (History: Amended by Stats. 2015, Ch. 625, Sec. 1. (AB 498) Effective January 1, 2016.)

chapter: 7.9. Conservation Bank and Mitigation Bank Applications and Fees


citation: FGC § 1798

text:
(a) (1) Any person interested in establishing any bank with the department may elect to submit an optional draft prospectus for review by the department. Any draft prospectus shall be accompanied by a draft prospectus review fee of one thousand five hundred dollars ($1,500) to fund the reasonable cost of the department’s review services. The draft prospectus review, while optional, is intended to identify potential issues early so that the potential bank sponsor may attempt to address those issues prior to initiating the formal review process. The draft prospectus is a brief proposal submitted when scoping the concept of a bank, contemplating pursuing a bank idea, or for those new to the banking process.

(2) No later than 30 calendar days after the department receives a draft prospectus and review fee, the department shall make an initial evaluation of the proposed concept and notify the person who submitted the draft prospectus of potential issues identified by the department.

(b) (1) Any person seeking to establish a bank with the department shall submit a bank prospectus to the department together with a prospectus review fee of ten thousand dollars ($10,000) to fund the reasonable cost of the department’s review services. If a draft prospectus and the review fee have been submitted pursuant to subdivision (a), then the review fee for the bank prospectus shall be eight thousand five hundred dollars ($8,500) so as not to exceed a total fee of ten thousand dollars ($10,000).

(2) The bank prospectus shall contain at least all of the following information:

(A) The proposed bank name.

(B) Contact information, including, but not limited to, the bank sponsor, property owner, and any consultants.

(C) A general location map, address, and the size of the proposed bank in acres.

(D) A 7.5-minute United States Geological Survey map showing proposed boundaries of the bank.

(E) Color aerial photographs that reflect current conditions on the site of the proposed bank and surrounding properties.

(F) Description of how the bank will be established and operated, including, but not limited to, proposed ownership arrangements, long-term management strategy, and any phases.

(G) Qualifications of bank sponsor.

(H) Preliminary natural resources surveys that document biotic and abiotic baseline conditions, including past, current, and adjacent land uses, vegetation types, species information, topography, hydrology, and soil types.

(I) Map of proposed bank service areas.

(J) Map depicting other conserved lands in the vicinity of the proposed bank.

(K) Description of bank objectives that includes how the proposed bank would contribute to connectivity and ecosystem function.

(L) A current preliminary report covering the site of the proposed bank that identifies the owner of the fee simple title and shows all liens, easements, and other encumbrances and depicts all relevant property lines, easements, dedications, and other features.

(M) A declaration of whether or not the proposed bank site has been or is being used as mitigation, is designated or dedicated for park or open space use, or designated for purposes that may be inconsistent with habitat preservation.

(N) Details of any public funding received for acquisition or restoration of, or other purposes related to, the proposed bank site.

(c) No later than 30 calendar days after the department receives a bank prospectus and the prospectus review fee, the department shall determine whether or not the prospectus is complete and provide written notice of its determination to the person who submitted the prospectus. If a prospectus is not complete, it may be made complete and resubmitted.

(d) If the department determines that the prospectus is complete, then within 90 calendar days of that determination, the department shall determine whether or not the prospectus is acceptable and notify the person who submitted the prospectus of the determination. The department may request clarifying information during the prospectus review process.

(e) (1) If the department determines that a bank prospectus is acceptable then a bank agreement package may be submitted in accordance with Section 1798.5.

(2) If the department determines that a bank prospectus is not acceptable the department shall state the reasons for the determination. The prospectus may be resubmitted in accordance with subdivision (a) or (b) if further consideration is desired. Any resubmittal must be accompanied by payment of a new review fee.

(f) The department may adopt and amend guidelines and criteria for the purposes of this section pursuant to subdivision (b) of Section 1799.1.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 24. (AB 1760) Effective January 1, 2024.)


text:
(a) (1) If the department determines that a bank prospectus is acceptable pursuant to Section 1798, the person seeking to establish the bank may submit a bank agreement package to the department. Pursuant to subdivision (c) of Section 1799.1, the department may adopt and amend guidelines and criteria for the bank agreement package, including, but not limited to, recommended standard forms for bank enabling instruments or long-term management plan and conservation easements.

(2) The bank agreement package shall be consistent with the prospectus and contain at least all of the following information:

(A) The draft bank enabling instrument and all exhibits.

(B) Drafts of the interim management plan, long-term management plan, bank closure plan, and, if applicable, a development or construction plan for the bank.

(C) A draft conservation easement, or, if potential state ownership is contemplated by the department, a draft grant deed.

(D) A map and written description of the proposed bank service area.

(E) A proposed credit ledger and credit release schedule for the bank.

(F) A property analysis record or other comparable economic analysis of the funding necessary to support bank maintenance activities, such as monitoring and reporting, in perpetuity.

(G) Estimates of financial assurances and proposed forms of security. Proposed forms of security may be cash, a letter of credit, or a surety bond.

(H) A phase I environmental site assessment of the site of the proposed bank dated not more than six months prior to the date the bank agreement package is submitted to the department. This assessment shall be performed in accordance with the American Society of Testing and Materials Standard E1527-05 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” or any successive ASTM standard active at the time of the assessment.

(b) The department shall collect a fee of twenty-five thousand dollars ($25,000) per bank agreement package to fund the cost of the department’s review services. The fee shall be collected at the time the bank agreement package is submitted to the department.

(c) Within 30 calendar days following the department’s receipt of a bank agreement package and fee pursuant to subdivision (a), the department shall determine whether or not the package is complete and give written notice of the determination to the person who submitted the package.

(1) If the department determines that the bank agreement package is not complete, it may be made complete and resubmitted.

(2) If the department determines that the bank agreement package is complete, within 90 calendar days of that determination, the department shall determine whether or not it is acceptable and notify the person who submitted the package of the determination. If the department determines that the bank agreement package is not acceptable, the department shall state the reasons.

(d) The department may request clarifying information during the bank agreement review process.

(e) If the department needs supplemental information during its review of the bank agreement package in order to fully evaluate the proposed bank, the regional manager or departmental equivalent, or a higher level department employee, shall provide the person seeking to establish the bank a written request for the needed information. Upon the department’s receipt of the requested information, a new 90-day period shall begin during which the department shall determine acceptability pursuant to paragraph (2) of subdivision (c). If the department does not receive the requested information within 60 calendar days of the department’s request, the bank agreement package will be deemed unacceptable.

(f) If the person seeking to establish the bank proposes changes to the bank agreement package that have not been solicited by the department during its 90-day review period, including, but not limited to, parties, number or type of credits, bank size, number or type of species, credit release schedule, service area, design change, or other changes as identified by the department as necessitating additional review time, the department, acting through the regional manager or department equivalent, or a higher level department employee, shall assess a one-time fee of ten thousand dollars ($10,000) to cover the reasonable cost of the department’s services in reviewing the changes. A new 90-day review period shall begin upon the department’s receipt of the proposed changes and the associated review fee, during which it will determine acceptability pursuant to paragraph (2) of subdivision (c).

(g) If the department determines that 90 days is insufficient time to complete its review of the bank agreement package for reasons including, but not limited to, the size, location, or complexity of the bank, that the package includes a development or construction plan, complexity of the bank agreement package, or substantial variations from recommended standard forms, the department may extend the 90-day period for reviewing the bank agreement package by an additional 60 calendar days.

(h) If the department determines that a bank agreement package is not acceptable, the package may be resubmitted in accordance with subdivision (a) if further consideration is desired. Any resubmittal shall be accompanied by payment of a new bank agreement package review fee.

history: (History: Amended by Stats. 2025, Ch. 401, Sec. 3. (AB 1520) Effective January 1, 2026.)