text:
(a) On or before January 1, 2023, the department may provide an option to display a sport fishing license, validation, report card, or other sport fishing entitlement issued pursuant to this code or regulations adopted pursuant to this code electronically on a mobile device.

(b) A person who displays a sport fishing license, validation, report card, or other sport fishing entitlement electronically on a mobile device in accordance with this section shall be deemed to be in compliance with any requirement imposed pursuant to this code or regulation adopted pursuant to this code to possess or affix the entitlement.

(c) This section does not apply to a tag that is required to be affixed to a fish pursuant to this code or a regulation adopted pursuant to this code.

history: (History: Added by Stats. 2021, Ch. 607, Sec. 1. (AB 817) Effective January 1, 2022.)

article: 2. General License Provisions


kind: section

code: FGC

text: The department may accept a credit card charge as a method of payment. Any contract executed by the department with credit card issuers or draft purchasers shall be consistent with Section 6159 of the Government Code. Notwithstanding Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the Civil Code, the department may impose a surcharge in an amount to cover the cost of providing the credit card service, including reimbursement for any fee or discount charged by the credit card issuer.

history: (History: Amended by Stats. 1992, Ch. 1005, Sec. 1. Effective January 1, 1993.)

division: 2. DEPARTMENT OF FISH AND WILDLIFE

chapter: 3. Other Powers and Duties

article: 2. General License Provisions

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 3. Other Powers and Duties > 2. General License Provisions


text:
(a) Except as otherwise provided in this section, the names and addresses contained in records submitted and retained by the department for the purpose of obtaining recreational fishing and hunting licenses are confidential and are not public records.

(b) Notwithstanding any other provision of law, the department may release the confidential information described in subdivision (a) under the following circumstances:

(1) To an agent or authorized family member of the person to whom the information pertains.

(2) To an officer or employee of another governmental agency when necessary for the performance of his or her official duties.

(3) In accordance with Section 391.

(4) Pursuant to a court order.

history: (History: Added by Stats. 2001, Ch. 753, Sec. 1.5. Effective January 1, 2002.)

article: 2. General License Provisions


text:
(a) The department may issue collectible, commemorative licenses to any person for purposes of promoting and supporting licensed hunting, fishing, and resource conservation, subject to all of the following:

(1) A commemorative license may be designed and produced as the department may determine and shall be clearly marked and identified as a commemorative license, rendering it invalid for the take of any mammal, bird, fish, reptile, or amphibian.

(2) A commemorative license shall not confer any rights, privileges, or other entitlements to any person purchasing or in possession of such a license.

(3) Subdivision (a) of Section 1052, Section 1053.1, Article 2 (commencing with Section 3031) of Chapter 1 of Part 1 of Division 4, and Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of Division 6 do not apply to the purchase of a commemorative license. A commemorative license shall not qualify as evidence required in subdivision (a) of Section 3050.

(b) All funds derived from the sale of commemorative licenses shall be deposited in the Fish and Game Preservation Fund.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 4. (SB 798) Effective January 1, 2016.)

article: 2. General License Provisions


citation: FGC § 1051

text: Licenses of each class shall be uniquely numbered. Every license shall contain its expiration date and the fee for which it is issued. If no fee is either required by this code or established by the commission pursuant to Section 1050, the license shall so indicate.

history: (History: Amended by Stats. 2001, Ch. 112, Sec. 5. Effective January 1, 2002.)

article: 2. General License Provisions


citation: FGC § 1052

text:
It is unlawful for any person to do any of the following:

(a) Transfer any license, tag, stamp, permit, application, or reservation.

(b) Use or possess any license, tag, stamp, permit, application, or reservation that was not lawfully issued to the user or possessor thereof or that was obtained by fraud, deceit, or the use of a fake or counterfeit application form.

(c) Use or possess any fake or counterfeit license, tag, stamp, permit, permit application form, band, or seal, made or used for the purpose of evading any of the provisions of this code, or regulations adopted pursuant thereto.

(d) Predate, fail to date, or alter any date of any license, tag, or permit.

(e) Postdate the date of application or the date of issuance of the license, tag, or permit. This subdivision does not apply to the date that a license, tag, or permit is valid.

(f) Alter, mutilate, deface, duplicate, or counterfeit any license, tag, permit, permit application form, band, or seal, or entries thereon, to evade the provisions of this code, or any regulations adopted pursuant thereto.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 14. Effective January 1, 2008.)

article: 2. General License Provisions


text: Any stamp issued pursuant to this article is not valid unless affixed to the appropriate license document.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 15. Effective January 1, 2008.)

article: 2. General License Provisions


text:
(a) A person shall not obtain more than one license, permit, reservation, or other entitlement of the same class, or more than the number of tags authorized by statute or regulation for the same license year, except under one of the following conditions:

(1) Nonresident hunting licenses issued pursuant to paragraphs (4) and (5) of subdivision (a) of Section 3031, and short-term sport fishing licenses issued pursuant to paragraphs (3), (4), and (5) of subdivision (a) of Section 7149, and paragraphs (3), (4), and (5) of subdivision (a) of Section 7149.05.

(2) The loss or destruction of an unexpired license, tag, permit, reservation, or other entitlement, except a stamp or endorsement, as certified by the applicant’s signed affidavit and proof, as determined by the department, that the original license, tag, permit, reservation, or other entitlement was issued, and payment of a base fee of five dollars ($5). The base fee shall be adjusted annually pursuant to Section 713, not to exceed the fee for the original entitlement, as follows:

(A) The adjustment shall apply to the hunting license years commencing on or after July 1, 1996.

(B) The adjustment shall apply to the fishing license years commencing on or after January 1, 1996.

(3) The loss or destruction of a stamp or endorsement imprinted on a base license and payment of a base fee of three dollars ($3) for each stamp or endorsement replaced on any base license document, adjusted annually pursuant to Section 713, not to exceed the fee for the original entitlement. The base fee in this paragraph shall apply to the 2011 license year.

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

history: (History: Added by Stats. 2010, Ch. 148, Sec. 2. (AB 1995) Effective January 1, 2011.)

article: 2. General License Provisions


text: Applicants for hunting licenses shall first satisfactorily complete a hunter education equivalency examination and obtain a certificate of equivalency as provided by regulations adopted by the commission, or show proof of completion of a hunter education training course, or show a previous year’s hunting license.

history: (History: Amended by Stats. 2016, Ch. 546, Sec. 22. (SB 1473) Effective January 1, 2017.)

article: 2. General License Provisions


citation: FGC § 1054

text:
(a) It is unlawful to submit, or conspire to submit, any false, inaccurate, or otherwise misleading information on any application or other document offered or otherwise presented to the department for any purpose, including, but not limited to, obtaining a license, tag, permit, or other privilege or entitlement pursuant to this code or regulations adopted thereto.

(b) The department may require the applicant for a license, tag, permit, or other privilege or entitlement to show proof of the statements or facts required for the issuance of any license, tag, permit, or other privilege or entitlement.

(c) For purposes of this section, “department” includes any department employee, license agent, or any person performing the duties of a department employee or license agent.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 17. Effective January 1, 2008.)

article: 2. General License Provisions


text: Every person while engaged in taking any bird, mammal, fish, amphibian, or reptile shall have on his or her person or in his or her immediate possession, or where otherwise specifically required by law to be kept, any license, tag, stamp, or permit that is required in order to take the bird, mammal, fish, amphibian, or reptile. In the case of a person diving from a boat, the license or permit may be kept on the boat, or in the case of a person diving from shore, the license or permit may be kept within 500 yards of the shore.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 18. Effective January 1, 2008.)

article: 2. General License Provisions


text: The department may issue and shall collect payment for any entitlement, document, or authorization for which a fee is authorized pursuant to this code.

history: (History: Amended by Stats. 1992, Ch. 1370, Sec. 5. Effective October 27, 1992.)

article: 2. General License Provisions


text:
(a) The department shall establish, and keep current, written policies and procedures relating to the application process and the award of hunting tags for fundraising purposes, as authorized pursuant to subdivision (c) of Section 331, subdivision (d) of Section 332, Section 4334, or subdivision (d) of Section 4902.

(b) The policies and procedures shall include, but need not be limited to, all of the following:

(1) The application process and criteria.

(2) A standard application format.

(3) An appeal process.

(4) A requirement that all applications shall remain sealed until on or after a filing date specified by the department.

(c) The department shall make the policies and procedures available to interested parties 30 days before their implementation and shall receive and consider any related recommendations.

(d) The department shall not require a minimum tag sale price, except as otherwise provided in this code.

(e) It is the intent of the Legislature that the department develop policies and procedures that seek to maximize both the revenues received by the department and participation by qualified nonprofit organizations making application to sell the tags as sellers of the tags.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 19. Effective January 1, 2008.)

article: 2. General License Provisions


text:
(a) Any person, except a commissioner, officer, or employee of the department, may submit an application to the department to be a license agent to issue licenses, permits, reservations, tags, or other entitlements.

(b) A person shall only be authorized to be a license agent to issue licenses, permits, reservations, tags, and other entitlements, upon the written approval of the department.

(c) The department may provide licenses, permits, reservations, tags, or other entitlements to authorized license agents and shall collect, prior to delivery, an amount equal to the fees for all licenses, permits, reservations, tags and other entitlements provided. Any license agent who pays the fees prior to delivery for licenses, permits, reservations, tags, or other entitlements is exempt from Sections 1056, 1057, and 1059. Any licenses, permits, reservations, tags, or other entitlements provided pursuant to this subdivision that remain unissued at the end of the license year may be returned to the department for refund or credit, or a combination thereof, within six months of the item expiration date. No credit may be allowed after six months following the last day of the license year.

(d) Authorized license agents shall add a handling charge to the fees prescribed in this code or in regulations adopted pursuant to this code for any license, permit, reservation, tag, and other entitlement issued by the license agent in an amount that is 5 percent of the face value of the item rounded to the nearest five cents ($0.05).

(e) The handling charge added pursuant to subdivision (d) shall be incorporated into the total amount collected for issuing the license, permit, reservation, tag, and other entitlement, but the handling charge shall not be included when determining license fees in accordance with Section 713. A license agent may issue any license, permit, reservation, tag, or other entitlement for any amount up to 10 percent less than the fee prescribed in this code or in regulations adopted pursuant to this code. The license agent shall remit to the department the full amount of the fees as prescribed in this code or in regulations adopted pursuant to this code for all licenses, permits, reservations, tags, and other entitlements issued.

(f) The handling charge required by subdivision (d) is the license agent’s only compensation for services. The license agent shall not be entitled to any other additional fee or charge for issuing any license, permit, reservation, tag, or other entitlement authorized pursuant to this section.

(g) The department may designate a nonprofit organization, organized pursuant to the laws of this state, or the California chapter of a nonprofit organization, organized pursuant to the laws of another state, as a license agent for the sale of lifetime licenses issued pursuant to Sections 3031.2 and 7149.2. These licenses may be sold by auction or by other methods and are not subject to the fee limitations prescribed in this code. An agent authorized to issue lifetime sport fishing licenses and lifetime hunting licenses under this subdivision is exempt from subdivisions (d) and (f). The license agent shall remit to the department the fees from the sale of lifetime licenses as defined in Sections 3031.2 and 7149.2.

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

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 5. (SB 92) Effective June 27, 2017.)

article: 2. General License Provisions


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

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 14. (AB 1760) Effective January 1, 2024.)

article: 2. General License Provisions


text:
(a) Except as provided in subdivision (b), each license agent authorized pursuant to Section 1055.1 shall remit to the department the fees prescribed in this code or in regulations adopted pursuant to this code for all licenses, permits, reservations, tags, and other entitlements by electronic means, such as electronic fund transfer. In order to facilitate the prompt remittance of revenues, the department is authorized to withdraw funds from the bank account of the license agent, including adjustments, by electronic transfer. License agents shall ensure that the total fees required for all licenses, permits, reservations, tags, or other entitlements necessary to perform the electronic transfer are available on the date specified by the license agent contract.

(b) A license agent shall report to the department on or before the end of the next business day of the department any losses of fees received from the issuing of licenses, permits, reservations, tags, or other entitlements.

(c) The license agent may retain not more than fifteen cents ($0.15) of the fee received for each Colorado River special use validation issued pursuant to Section 7180.1 as compensation for services. The license agent shall remit to the department the fees prescribed by Section 7180.1, less any amounts retained under this subdivision, for all Colorado River special use validations issued. The license agent shall remit the net fees as prescribed in subdivision (a).

(d) Except as provided in subdivision (b), any fees not transmitted or made available to the department within seven days following the due date as specified by the department are delinquent, and delinquent fees are subject to interest and penalties prescribed in subdivision (b) of Section 1059. Interest and penalties shall be computed beginning one day following the due date as specified by the department.

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

history: (History: Amended by Stats. 2002, Ch. 453, Sec. 2. Effective January 1, 2003.)

article: 2. General License Provisions


citation: FGC § 1056

text: A license agent who fails to transmit the fees or accounting reports required by Section 1055.6 not later than 60 days following the due date as specified by the department may be required to execute, in favor of the department, a bond, payable to the department, in a sum determined by the department in order to continue as a license agent. The bond shall secure the accurate accounting and payment to the department of the funds collected and the performance of the duties imposed upon the license agent by this article.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 11. (SB 798) Effective January 1, 2016.)

article: 2. General License Provisions


citation: FGC § 1057

text: All license, tag, permit, reservation, and other entitlement money shall be accounted for separately from other funds of a license agent, and shall at all times belong to the state.

history: (History: Amended by Stats. 2002, Ch. 453, Sec. 3. Effective January 1, 2003.)

article: 2. General License Provisions


citation: FGC § 1058

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

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 33. (AB 1527) Effective January 1, 2016.)

article: 2. General License Provisions


citation: FGC § 1059

text:
(a) The failure or refusal of any license agent to account for licenses, permits, reservations, tags, and other entitlements, or any fees received from their issuance as required by Section 1055.6 or upon demand by an authorized representative of the department is a misdemeanor.

(b) In addition to subdivision (a), any license agent who fails to remit fees to the department on or before the date required by Section 1055.6 shall pay interest and penalties prescribed for sales and use taxes and, except as otherwise provided in this code, the department shall collect amounts owing under the procedures prescribed for sales and use taxes provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701) of Part 1 of Division 2 of the Revenue and Taxation Code, insofar as they may be applicable, and for those purposes, “board” means the department.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 12. (SB 798) Effective January 1, 2016.)

article: 2. General License Provisions


citation: FGC § 1061

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

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

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

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

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

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

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 34. (AB 1527) Effective January 1, 2016.)

article: 2. General License Provisions


citation: FGC § 1065

text:
(a) A nonprofit conservation organization seeking promotion, exposure, and awareness of the organization on the Automated License Data System Online License Service Internet Web site, as feasible, through the display of the organization’s logo, or other graphics agreed upon by the organization and the department, to give a prospective license buyer the opportunity to link electronically to the organization’s Internet home page, shall submit, by September 30 of each year, a letter to the department providing evidence that the organization meets the criteria set forth in subdivision (c). If the department determines that the nonprofit conservation organization is eligible, it shall include the organization’s logo or other graphics in a space with a link to the organization’s Internet home page on the Automated License Data System Online License Service Internet Web site for a time period agreed upon by both parties.

(b) The department may impose a charge on a nonprofit conservation organization for inclusion on the Automated License Data System Online License Service Internet Web site pursuant to subdivision (a) that shall not exceed the costs associated with the direct administration of this section.

(c) As used in this section, “nonprofit conservation organization” means an entity that the department determines meets all of the following:

(1) It is a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)).

(2) It is registered with the Attorney General.

(3) Its goals and objectives are related to the conservation of sport fish or game species.

(4) In at least one of the previous three calendar years, it has entered into, or been obligated under, a contract or other agreement, including, but not limited to, a license, easement, memorandum of understanding, or lease, with the department to perform habitat or other wildlife conservation work, to provide hunting or fishing opportunities for the public, to raise funds on behalf of the department, including, but not limited to, the sale of hunting fundraising tags or related items, or to otherwise provide assistance to the department that is consistent with the department’s mission.

(d) The department shall deposit revenues of the charge imposed pursuant to subdivision (b) in the Fish and Game Preservation Fund, to be available, upon appropriation by the Legislature, exclusively to pay all initial and ongoing costs associated with the direct administration of this section, including, but not limited to, a portion of the costs of making changes to the Automated License Data System necessary to implement this section.

(e) The department shall implement the links from the Automated License Data System Online License Service Internet Web site by January 1, 2015, if it determines that date is feasible.

history: (History: Added by Stats. 2012, Ch. 593, Sec. 1. (SB 1107) Effective January 1, 2013.)

article: 2. General License Provisions


citation: FGC § 1069

text: The director may enter into an agreement with the Secretary of Food and Agriculture for the collection of an assessment on behalf of any marketing council or commission for fish or seafood organized under the Food and Agricultural Code. The agreement may authorize the department to collect the assessment in conjunction with the collection of landing fees on those species for which the marketing council or commission is organized. The department shall remit the amount of the assessment collected to the Secretary of Food and Agriculture according to the agreement after making the collection. Before remitting the assessments, the department may deduct an administrative fee in an amount agreed to with the Secretary of Food and Agriculture to pay the costs of collection and remission of the assessments. The administrative fees shall be deposited in the Fish and Game Preservation Fund.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 6. (SB 92) Effective June 27, 2017.)

article: 2. General License Provisions


citation: FGC § 1110

text: Section 1110 as added to this code by the initiative measure adopted at the General Election of November 8, 1938, is set forth at Section 7891 of this code.

history: (History: Enacted by Stats. 1957, Ch. 456. Note: The provisions of Section 1110, as added November 8, 1938, by initiative Proposition 5, were relocated to Section 7891 in the 1957 code reenactment. This Section 1110 serves as a cross-reference, and it is not part of Article 2, commencing with Section 1050.)

article: 2. General License Provisions


citation: FGC § 1120

text: The commission shall establish fish hatcheries for stocking the waters of this State with fish. The department shall maintain and operate such hatcheries.

history: (History: Enacted by Stats. 1957, Ch. 456.)

article: 3. State Fish Hatcheries

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 3. Other Powers and Duties > 3. State Fish Hatcheries


citation: FGC § 1121

text: In any lease entered into whereby the state leases from any county, city, irrigation district, or other public agency in this state, real property for the purpose of establishing or maintaining a fish hatchery, the state may agree to indemnify and hold harmless the lessor by reason of the uses authorized by such lease. Insurance may be purchased by the Department of General Services to protect the state against loss or expense arising out of such an agreement.

history: (History: Amended by Stats. 1965, Ch. 371.)

article: 3. State Fish Hatcheries


citation: FGC § 1122

text: Any claim for damages arising against the state under Section 1121 shall be presented to the Department of General Services in accordance with Section 905.2 of the Government Code, and if not covered by insurance provided pursuant to Section 1121, the claim shall be payable only out of funds appropriated by the Legislature for that purpose. If the state elects to insure its liability under Section 1121, the Department of General Services may automatically deny the claim.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 27. (SB 836) Effective June 27, 2016.)

article: 3. State Fish Hatcheries


text:
(a) Notwithstanding any other provision of law, the Director of General Services, with the consent of the department, may lease to the Friends of the Mount Whitney Hatchery, at no cost, and subject to any other terms and conditions that the director deems appropriate, for a term not to exceed 25 years, and with the possibility of renewal, the Mount Whitney Fish Hatchery, or any part of the hatchery, situated in the County of Inyo.

(b) Any part of the hatchery that is leased pursuant to subdivision (a) shall be used for environmental education purposes and other related activities designed to benefit the hatchery and the community.

(c) The lease shall require the Friends of the Mount Whitney Fish Hatchery to permit reasonable public access to the hatchery, to obtain and maintain liability insurance for the leased portion of the hatchery, and to maintain the leased portion of the hatchery at all times. The lease shall provide that any work done on the hatchery shall be performed in consultation with the State Office of Historic Preservation. The lease shall also provide that the state, agents of the state, the department, and agents of the department shall be held harmless from, and indemnified against, any liability resulting from the acts or omissions of the Friends of the Mount Whitney Fish Hatchery arising out of performance of the lease.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 16. (AB 1760) Effective January 1, 2024.)

article: 3. State Fish Hatcheries


text:
(a) The Director of General Services, with the consent of the department, may lease to the Mt. Shasta Museum Association at no cost, and subject to any other terms and conditions that the director deems appropriate, for a term not to exceed 25 years, and with the possibility of renewal, a portion of the Mount Shasta Fish Hatchery, a building commonly known as Building A and the storage building constructed for use by the lessee of Building A, situated in the County of Siskiyou.

(b) The leased property shall be used only for the operation of a historical museum and for environmental educational purposes.

(c) The lease shall require the Mt. Shasta Museum Association to permit reasonable public access to the building, to obtain and maintain liability insurance for the leased building, and to maintain the leased building at all times.

(d) The lease shall also provide that the state, agents of the state, the department, and agents of the department shall be held harmless from, and indemnified against, any liability resulting from the acts or omissions of the Mt. Shasta Museum Association performed in the course of the lease agreement.

history: (History: Added by Stats. 2024, Ch. 127, Sec. 2. (SB 1009) Effective January 1, 2025.)

article: 3. State Fish Hatcheries


citation: FGC § 1123

text: The department may purchase and import spawn or ova of fish suitable for food, and stock with such spawn or ova the waters of this State.

article: 3. State Fish Hatcheries


text:
Notwithstanding Section 1120 or any other provision of law, all funds allocated for fish purchases for the department’s urban fishing program shall be used to purchase all fish and aquatic organisms by contract, pursuant to the requirements of the Public Contract Code, from private registered aquaculture facilities within the state unless the department determines one of the following conditions exists:

(a) After reasonable notice, the private facilities are unable to provide the specified fish or aquatic organism.

(b) The fish or aquatic organism is infected or diseased.

history: (History: Added by Stats. 1995, Ch. 810, Sec. 3. Effective January 1, 1996.)

article: 3. State Fish Hatcheries


citation: FGC § 1124

text: It is unlawful to take any fish in any pond, reservoir, or other water-retaining structure belonging to or controlled by the department and used for propagating, raising, holding, protecting, or conserving fish.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 21. Effective January 1, 2008.)

article: 3. State Fish Hatcheries


citation: FGC § 1125

text: The Secretary of the Interior of the United States and his duly authorized agents may conduct fish cultural operations and scientific investigations in the waters of this State in such a manner and at such times as may be jointly considered necessary and proper by the secretary and his agents, and the commission.

history: (History: Amended by Stats. 1963, Ch. 1248.)

article: 3. State Fish Hatcheries


citation: FGC § 1126

text: Notwithstanding any other provision of law, department personnel may construct or repair bird exclosures at state owned or operated fish hatcheries. These activities shall not be subject to review by the Public Works Board. Nothing in this section exempts the department from complying with any provision of law governing services performed under contract by noncivil service employees.

history: (History: Added by Stats. 1992, Ch. 1370, Sec. 6. Effective October 27, 1992.)

article: 3. State Fish Hatcheries


citation: FGC § 1150

text: The boards of supervisors of the several counties may establish and maintain fish hatcheries, and may purchase the spawn or ova of fish.

article: 4. County Fish Hatcheries

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 3. Other Powers and Duties > 4. County Fish Hatcheries


citation: FGC § 1170

text: The commission may issue a permit, subject to such restrictions and regulations as the commission deems desirable, to a nonprofit organization to construct and operate an anadromous fish hatchery.

history: (History: Added by Stats. 1970, Ch. 862.)

article: 5. Private Nonprofit Hatcheries

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 3. Other Powers and Duties > 5. Private Nonprofit Hatcheries


citation: FGC § 1171

text: The commission shall not issue a permit unless it determines the nonprofit organization has the financial capability to successfully construct and operate the hatchery and will diligently and properly conduct the operation authorized under the permit.

article: 5. Private Nonprofit Hatcheries


citation: FGC § 1172

text: No permit will be issued which may tend to deplete the natural runs of anadromous fish, result in waste or deterioration of fish, or when the proposed operation is located on a stream or river below a state or federal fish hatchery or egg-taking station.

article: 5. Private Nonprofit Hatcheries


citation: FGC § 1173

text: All fish handled under authority of this article during the time they are in the hatchery or in the wild are the property of the state and when in the wild may be taken under the authority of a sport or commercial fishing license as otherwise authorized for wild fish.

article: 5. Private Nonprofit Hatcheries


citation: FGC § 1174

text:
Any permit granted by the commission pursuant to this article shall contain all of the following conditions:

(a) If after a hearing the commission finds that the operation described in the permit and conducted pursuant to this article is not in the best public interest, the commission may alter the conditions of the permit to mitigate the adverse effects, or may cause an orderly termination of the operation under the permit. An orderly termination shall not exceed a three-year period and shall culminate in the revocation of the permit in its entirety.

(b) If the commission finds that the operation has caused deterioration of the natural run of anadromous fish in the waters covered by the permit, it may require the permittee to return the fishery to the same condition as was prior to issuance of the permit. If the permittee fails to take appropriate action, the commission may direct the department to take the action, and the permittee shall bear any cost incurred by the department.

(c) Prior to release into state waters and at any other time deemed necessary by the department, the fish may be examined by the department to determine that they are not diseased or infected with any disease which, in the opinion of the department, may be detrimental to the state fishery resources.

history: (History: Amended by Stats. 1986, Ch. 1244, Sec. 2.)

article: 5. Private Nonprofit Hatcheries


citation: FGC § 1175

text: The state shall assume no responsibility for the operation of a hatchery pursuant to this article and shall not be in any manner liable for its operation.

article: 5. Private Nonprofit Hatcheries


citation: FGC § 1200

text:
The department is authorized to enter into agreements with counties, nonprofit groups, private persons, individually or in combination, for the management and operation of rearing facilities for salmon and steelhead. All such agreements shall be in accordance with the policies of the commission and the criteria of the department which govern the operation under such agreements.

The purpose for operating such facilities shall be to provide additional fishing resources and to augment natural runs.

history: (History: Added by Stats. 1975, Ch. 1173.)

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 3. Other Powers and Duties > 6. Cooperative Salmon and Steelhead Rearing Facilities


citation: FGC § 1201

text: An applicant who wishes to enter into an agreement to operate a rearing facility shall demonstrate, to the satisfaction of the department prior to executing such agreement, such applicant’s financial ability to properly operate the rearing facility. The department shall develop and specify the means for an applicant to make such a demonstration.

article: 6. Cooperative Salmon and Steelhead Rearing Facilities


citation: FGC § 1202

text: All fish handled or released under authority of this article are the property of the state and may be taken only after their release into the wild and under the authority of a sport or commercial fishing license.


citation: FGC § 1203

text: The release of fish reared in facilities pursuant to this article shall be made in accordance with the policy of the commission.


citation: FGC § 1204

text:
The department shall fund the agreements provided for in Section 1200 only on a matching basis with the persons or entities who enter into such agreements. Funds appropriated for the purposes of this article shall not be used to purchase equipment or for construction.

The department shall be reimbursed from funds appropriated for the purposes of this article for administrative costs, legal costs, and supervisorial costs relating to the execution and supervision of such agreements by the department.


citation: FGC § 1205

text: The department shall, subject to the limitations of appropriate egg sources and funding, make available fish of appropriate size and species to persons or entities who enter into agreements pursuant to this article.


citation: FGC § 1206

text: Salmon and steelhead raised pursuant to this article shall be released in streams, rivers, or waters north of Point Conception and upon release shall have unimpeded access to the sea.


citation: FGC § 1210

text:
(a) The hatchery production and stocking of transgenic species of salmonids is prohibited.

(b) As used in this section, “transgenic” has the same meaning as in Section 1.92 of Title 14 of the California Code of Regulations, as that section read on May 14, 2003.

history: (History: Added by Stats. 2014, Ch. 444, Sec. 1. (AB 504) Effective January 1, 2015.)

article: 6.5. Transgenic Species of Salmonids

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 3. Other Powers and Duties > 6.5. Transgenic Species of Salmonids


citation: FGC § 1225

text: All moneys collected or received from gifts or bequests, or from municipal or county appropriations or donations for purposes relating to conservation programs, projects, and activities by the department shall be deposited in the State Treasury to the credit of the Fish and Game Preservation Fund. All moneys deposited pursuant to this section shall be used for purposes relating to conservation programs, projects, and activities by the department.

history: (History: Added by Stats. 2012, Ch. 559, Sec. 16. (AB 2402) Effective January 1, 2013.)

article: 7. Nonprofit Partnerships

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 3. Other Powers and Duties > 7. Nonprofit Partnerships


citation: FGC § 1226

text:
(a) The department may enter into one or more agreements to accept funds from any person, nonprofit organization, or other public or private entity for purposes relating to conservation programs, projects, and activities by the department. Any funds received pursuant to this section shall be deposited in the Fish and Game Preservation Fund. The funds received shall supplement existing resources for purposes relating to conservation programs, projects, and activities by the department.

(b) The department may enter into one or more agreements to accept services from any person, nonprofit organization, or other public or private entity for purposes relating to conservation programs, projects, and activities by the department. Under the direction of the department, these services shall supplement existing staff resources. Agreements for services for the management and operation of department-managed lands shall be subject to the provisions of Section 1745.

article: 7. Nonprofit Partnerships


citation: FGC § 1227

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

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 35. (AB 1527) Effective January 1, 2016.)

article: 7. Nonprofit Partnerships


citation: FGC § 1300

text: This chapter is known and may be cited as the Wildlife Conservation Law of 1947.

chapter: 4. Wildlife Conservation Law of 1947

article: 1. Generally

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 4. Wildlife Conservation Law of 1947 > 1. Generally


citation: FGC § 1301

text: The preservation, protection and restoration of wildlife within the State is an inseparable part of providing adequate recreation for our people in the interest of public welfare; and it is the policy of the State to acquire and restore to the highest possible level, and maintain in a state of high productivity, those areas that can be most successfully used to sustain wildlife and which will provide adequate and suitable recreation. To carry out these purposes, a single and coordinated program for the acquisition of lands and facilities suitable for recreational purposes, and adaptable for conservation, propagation, and utilization of the fish and game resources of the State, is established.

article: 1. Generally


citation: FGC § 1320

text:
(a) There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, the Director of Finance, and four public members appointed pursuant to subdivision (b).

(b) (1) The Speaker of the Assembly and the Senate Committee on Rules shall each appoint a public member to serve on the board and the Governor shall appoint two public members to serve on the board. The public members shall each serve a term of four years. If a vacancy occurs during the term of a public member, the appointing authority shall appoint a person to fill the vacancy for a term of four years.

(2) Each public member shall have demonstrated interest and expertise in land acquisition for conservation purposes, including, but not limited to, any of the following:

(A) Experience with activities that benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code.

(B) Experience with a land conservation nonprofit organization, a public agency focused on land conservation, or public land management.

(C) Experience as a professional with expertise in one or more functions of the board, including conservation easements or other interests in real estate designed to further the mission of the board.

history: (History: Amended by Stats. 2016, Ch. 481, Sec. 1. (SB 1089) Effective January 1, 2017.)

article: 2. The Wildlife Conservation Board

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 4. Wildlife Conservation Law of 1947 > 2. The Wildlife Conservation Board


citation: FGC § 1321

text: The chairman of the board shall be elected by the members of the board.

article: 2. The Wildlife Conservation Board


citation: FGC § 1322

text: The members of the board shall receive their actual and necessary traveling expenses, which shall be paid from the Wildlife Restoration Fund.

article: 2. The Wildlife Conservation Board


citation: FGC § 1323

text: Three Members of the Senate, appointed by the Committee on Rules thereof, and three Members of the Assembly, appointed by the Speaker thereof, shall meet with the board and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature.

article: 2. The Wildlife Conservation Board


citation: FGC § 1324

text: For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and as such shall have the powers and duties imposed upon such a committee by the Joint Rules of the Senate and the Assembly.

article: 2. The Wildlife Conservation Board


citation: FGC § 1345

text:
(a) The board shall investigate, study, and determine what areas within the state are most essential and suitable for wildlife production and preservation, and will provide suitable recreation; and shall ascertain and determine what lands within the state are suitable for game propagation, game refuges, bird refuges, waterfowl refuges, game farms, fish hatcheries, game management areas, and what streams and lakes are suitable for, or can be made suitable for, fishing and hunting.

(b) In determining which areas are suitable for fishing and hunting, the board, in consultation with the department, shall take into consideration areas of the state where public access and opportunity for fishing and hunting are most needed.

history: (History: Amended by Stats. 2009, Ch. 294, Sec. 6. (AB 1442) Effective January 1, 2010.)

article: 3. Powers and Purposes

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 4. Wildlife Conservation Law of 1947 > 3. Powers and Purposes


citation: FGC § 1346

text: The board shall also ascertain what lands are suitable for providing cover for the propagation and rearing in a wild state of waterfowl, shore birds, and upland birds, and the possibilities of acquiring easements on such lands to provide such cover.

history: (History: Enacted by Stats. 1957, Ch. 456.)

article: 3. Powers and Purposes


citation: FGC § 1347

text:
As a result of the studies, the board shall determine what areas, lands, or rights in lands or waters should be acquired by the state in order to effectuate a coordinated and balanced program resulting in the maximum restoration of wildlife in the state and in the maximum recreational advantages to the people of the state.

This section shall become operative on July 1, 1993.

history: (History: Repealed (in Sec. 1) and added by Stats. 1992, Ch. 452, Sec. 2. Effective January 1, 1993. Section operative July 1, 1993, by its own provisions.)

article: 3. Powers and Purposes


citation: FGC § 1348

text:
(a) The board shall authorize the acquisition of real property, rights in real property, water, or water rights as may be necessary to carry out the purposes of this chapter. The board may authorize acquisition by the department, but the department shall not acquire any property pursuant to this subdivision by eminent domain proceedings except that property as may be necessary to provide access roads or rights-of-way to areas to be used for fishing the coastal waters of the Pacific Ocean, and then only if the board of supervisors of the affected county has agreed by resolution to those proceedings for each parcel of land, and has further agreed by resolution to maintain the road or right-of-way. The board may authorize acquisition by the State Public Works Board, which may effect acquisitions pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code).

(b) For the purposes of this chapter and Chapter 4.1 (commencing with Section 1385), the board may authorize the acquisition of interests in real property and water rights by means of gifts, purchases, leases, easements, the transfer or exchange of property for other property of like value, transfers of development rights or credits, and purchases of development rights, conservation easements, and other interests.

(c) To further implement this chapter and Chapter 4.1 (commencing with Section 1385), the board may authorize the department to do any of the following:

(1) Accept federal grants and receive gifts, donations, subventions, rents, royalties, and other financial support from public or private sources. Proceeds received from any of these sources shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund.

(2) Notwithstanding any other provision of law, lease, sell, exchange, or otherwise transfer any real property, interest in real property, or option acquired by or held under the jurisdiction of the board or the department. Except as provided in Section 1355, proceeds from transactions entered into pursuant to this paragraph shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund.

(3) Lease degraded potential wildlife habitat real property to nonprofit organizations, local governmental agencies, or state and federal agencies if the lessee agrees to restore the real property to its highest possible wildlife habitat value and maintain the real property at that highest possible wildlife habitat value. If feasible, during the period of lease, the board may require that the real property be open to the public for compatible recreational opportunities. Proceeds from any lease or rental and interest thereon shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund.

(4) Acquire former wildlife habitat real property, including riparian habitat real property, restore and sell the real property, or any interest therein, to private owners, local governmental agencies, or state departments and agencies, or exchange the property for other real property, if a written and recorded agreement is first secured to keep and maintain the real property as wildlife habitat in perpetuity. The agreement shall contain a reversion if the real property sold or exchanged is not maintained as wildlife habitat. The agreement containing the reversion shall be set forth in any conveyance transferring any real property, interest in real property, or option subject to this section. Proceeds from the sales shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund.

history: (History: Amended by Stats. 2021, Ch. 115, Sec. 5. (AB 148) Effective July 22, 2021.)

article: 3. Powers and Purposes


text: Before the board authorizes the purchase of any land, or any interest therein, the board shall notify all owners of record of adjacent parcels of land of the intent of the board to purchase the land. The notice to the adjacent owners of land and the public notice shall include an explanation of the proposed use of the land by the department.

history: (History: Added by Stats. 1990, Ch. 1287, Sec. 1.)

article: 3. Powers and Purposes


text: When the board acquires real property, other than by eminent domain, the purchase price for the real property shall not exceed the fair market value of the property, as defined in Section 1263.320 of the Code of Civil Procedure. The fair market value shall be set forth in an appraisal that is (a) prepared by a licensed real estate appraiser, and (b) approved by the Department of General Services.

history: (History: Amended by Stats. 1998, Ch. 485, Sec. 73. Effective January 1, 1999.)

article: 3. Powers and Purposes


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

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

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

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

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 17. (AB 1760) Effective January 1, 2024.)

article: 3. Powers and Purposes


citation: FGC § 1349

text: No farm lands may be acquired under the provisions of this chapter by proceedings in eminent domain except by specific authorization of the Legislature, notwithstanding any provision of Section 1348. Nothing in this section shall apply to any proceedings to acquire farm lands when the owner thereof has consented to, or requested the institution of, such proceedings.

article: 3. Powers and Purposes


citation: FGC § 1350

text:
(a) (1) The department shall, when authorized by the board, construct in accordance with law those facilities as are suitable for the purpose for which the real property or rights in real property or water, or water rights, were acquired. Each completed project shall be managed and maintained by the department.

(2) The department, with the approval of the board, may enter into agreements with any other department or agency of this state, any local agency, any California Native American tribe, as defined in Section 21073 of the Public Resources Code, or any nonprofit organization, to provide for the construction, management, or maintenance of the facilities authorized by the board, and such other department or agency of this state, local agency, California Native American tribe, or nonprofit organization, and each of them may construct, manage, or maintain those facilities pursuant to the agreement. Work performed by a local agency, California Native American tribe, or nonprofit organization under those agreements is exempt from Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code. However, nothing in this section shall be construed to exempt any work from Part 7 (commencing with Section 1720) of Division 2 of the Labor Code.

(b) The department, when authorized by the board, may apply for and accept federal grants, and receive gifts, donations, and other financial support from public or private sources to be used for fish and wildlife habitat enhancement, including riparian habitat restoration projects on real property or waters for which the state obtains an interest. Funds received from any of those sources shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund.

(c) The board may award grants or loans to nonprofit organizations, local governmental agencies, federal agencies, state agencies, and California Native American tribes for the purposes of fish and wildlife habitat restoration, enhancement, management, protection and improvement of riparian resources, and for development of compatible public access facilities in the same manner and subject to the same terms and conditions as prescribed in Section 31116 of the Public Resources Code. Proceeds from repayment of any loans and the interest thereon shall be deposited in the Wildlife Restoration Fund.

history: (History: Amended by Stats. 2021, Ch. 701, Sec. 1. (AB 379) Effective January 1, 2022.)

article: 3. Powers and Purposes


citation: FGC § 1351

text: Each recreational area shall be so managed and controlled that the public shall have access to and use of the area for all recreational purposes.

article: 3. Powers and Purposes


citation: FGC § 1352

text:
(a) The money in the Wildlife Restoration Fund, as provided for by former Section 19632 of the Business and Professions Code, as that section read on January 1, 2024, is available for expenditure under this chapter.

(b) All federal moneys made available for projects authorized by the board shall be deposited into the Wildlife Restoration Fund or the Fish and Game Preservation Fund.

(c) Any moneys received into the Wildlife Restoration Fund or the Fish and Game Preservation Fund from leases authorized pursuant to paragraph (2) or (3) of subdivision (c) of Section 1348 shall be expended, upon appropriation by the Legislature, by the department for purposes of managing, maintaining, restoring, or operating lands owned and managed by the department.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 72. (AB 1170) Effective January 1, 2026.)

article: 3. Powers and Purposes


text:
(a) The San Francisco Baylands Restoration Program Account is hereby established within the Wildlife Restoration Fund, as provided for by former Section 19632 of the Business and Professions Code, as that section read on January 1, 2024, for the purpose of acquiring and restoring wetlands and lands that may be enhanced to support wetlands in the San Francisco Bay area in order to achieve the objectives of the Baylands Ecosystem Habitat Goals Report (Goals Report).

(b) Funds in the account may be expended by the board to acquire any lands identified in the Goals Report that are available for acquisition subject to the following conditions:

(1) The purchase price shall not exceed the fair market value of the property, as determined by an appraisal conducted pursuant to Section 1348.2. The appraisal shall also consider and describe all the specific requirements and restrictions of relevant state and federal laws, including, but not limited to, the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code), related to the property value and development potential of lands considered for acquisition in the shoreline band of the San Francisco Bay area.

(2) The board has determined any of the following:

(A) Funds are available to implement the recommendations and objectives of the Goals Report for a significant portion of the property to be acquired by the board.

(B) Sufficient funding and authority exists for the long-term maintenance of all levees and dikes and all other land-use management requirements necessary to avoid environmental degradation for the property proposed to be acquired by the board.

(C) The property to be acquired by the board has no unique long-term maintenance requirements or has no land-use management requirements necessary to avoid environmental degradation.

(3) If the board determines to acquire all or a portion of the Cargill property, a matching federal appropriation for the acquisition of the Cargill property shall be deposited into an account solely for the acquisition of the Cargill property or a portion thereof.

(4) The board has consulted with the State Coastal Conservancy and determined that the proposed acquisition is consistent with most of the goals of the San Francisco Bay Area Conservancy Program, as described in Section 31162 of the Public Resources Code.

(5) The acquisition of the property will not result in any liability to the state for the cleanup of hazardous materials.

(c) “Cargill property,” for purposes of this section, means all property owned by the Cargill Salt Division that Cargill proposes to sell to the state and federal governments.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 73. (AB 1170) Effective January 1, 2026.)

article: 3. Powers and Purposes


citation: FGC § 1353

text: The board may purchase such boats, aircraft, or equipment as it deems necessary for the use of the department for the improvement and protection of marine fisheries.

article: 3. Powers and Purposes


citation: FGC § 1354

text: The board may authorize the acquisition of such lands or rights in land as may be necessary for the purpose of furnishing public access to lands or waters open to the public for fishing, hunting and shooting. The board may authorize such acquisition by the department.

history: (History: Added by Stats. 1957, Ch. 754.)

article: 3. Powers and Purposes


citation: FGC § 1355

text: The net proceeds of the sale or other disposition of real property used as a fish hatchery that has been acquired by or is under the jurisdiction of the board or the department, either in easement or in fee, shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund, as determined by the board, and shall be available for acquisition, enhancement, restoration, or construction projects for the benefit of wildlife.

history: (History: Added by Stats. 1994, Ch. 935, Sec. 4. Effective January 1, 1995.)

article: 3. Powers and Purposes


citation: FGC § 1356

text: The board, when it prioritizes the use of available funds for proposed acquisitions, with regard to the priority of a proposal to acquire forestland, may consider and take into account the potential of that proposed acquisition to beneficially reduce or sequester greenhouse gas emissions. The board may use policies, protocols, or other relevant information developed by the California Climate Action Registry as a basis for determining a project’s potential to reduce or sequester greenhouse gas emissions.

history: (History: Added by Stats. 2006, Ch. 469, Sec. 1. Effective January 1, 2007.)

article: 3. Powers and Purposes


citation: FGC § 1360

text: This article shall be known, and may be cited, as the Oak Woodlands Conservation Act.

history: (History: Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)

article: 3.5. Oak Woodlands Conservation Act

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 4. Wildlife Conservation Law of 1947 > 3.5. Oak Woodlands Conservation Act


citation: FGC § 1361

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

(a) “Board” means the Wildlife Conservation Board established pursuant to Section 1320.

(b) “Conservation easement” means a conservation easement, as defined in Section 815.1 of the Civil Code.

(c) “Fund” means the Oak Woodlands Conservation Fund.

(d) “Land improvement” means restoration or enhancement of biologically functional oak woodlands habitat.

(e) “Local government entity” means any city, county, city and county, district, or other local government entity, if the entity is otherwise authorized to acquire and hold title to real property.

(f) “Nonprofit organization” means a tax-exempt nonprofit organization that meets the requirements of subdivision (a) of Section 815.3 of the Civil Code.

(g) “Oak” means any species in the genus Quercus.

(h) “Oak woodlands” means an oak stand with a greater than 10 percent canopy cover or that may have historically supported greater than 10 percent canopy cover.

(i) “Oak woodlands management plan” means a plan that provides protection for oak woodlands over time and compensates private landowners for conserving oak woodlands.

(j) “Special oak woodlands habitat elements” means multi- and single-layered canopy, riparian zones, cavity trees, snags, and downed woody debris.

article: 3.5. Oak Woodlands Conservation Act


citation: FGC § 1362

text:
It is the intent of the Legislature that this article accomplish all of the following:

(a) Support and encourage voluntary, long-term private stewardship and conservation of California’s oak woodlands by offering landowners financial incentives to protect and promote biologically functional oak woodlands over time.

(b) Provide incentives to protect and encourage farming and ranching operations that are operated in a manner that protects and promotes healthy oak woodlands.

(c) Provide incentives for the protection of oak trees providing superior wildlife values on private lands.

(d) Encourage local land use planning that is consistent with the preservation of oak woodlands, particularly special oak woodlands habitat elements.

(e) Provide guidelines for spending the funds allocated for oak woodlands pursuant to the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code)).

(f) Establish a fund for oak woodlands conservation, to which future appropriations for oak woodlands protection may be made, and specify grant making guidelines.

article: 3.5. Oak Woodlands Conservation Act


citation: FGC § 1363

text:
(a) The Oak Woodlands Conservation Fund is hereby created in the State Treasury. The fund shall be administered by the board. Moneys in the fund may be expended, upon appropriation by the Legislature, for the purposes of this article.

(b) Money may be deposited into the fund from gifts, donations, funds appropriated by the Legislature for the purposes of this article, or from federal grants or loans or other sources, and shall be used for the purpose of implementing this article, including administrative costs. Funds from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code)), but not including funds dedicated as matching funds for the federal Forest Legacy Program, shall be deposited in the fund.

(c) To the extent consistent with the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code)), the board may use money designated for the preservation and restoration of oak woodlands in the Oak Woodlands Conservation Fund for projects in conjunction with the California Forest Legacy Program (Div. 10.5 (commencing with Sec. 12200) of the P.R.C.)), but only for the purposes specified in this article and only if the following requirements are met:

(1) The Department of Forestry and Fire Protection shall make an initial recommendation to the board.

(2) The board may deny any initial recommendation to the Department of Forestry and Fire Protection. Subsequently, if the department alters an initial proposal, in a manner that the board determines to be significant, the board may withdraw its initial approval of the recommendation at any time during the process.

(d) The purposes for which moneys in the fund may be used include all of the following:

(1) Grants for the purchase of oak woodlands conservation easements. Any entity authorized to hold a conservation easement under Section 815.3 of the Civil Code may hold a conservation easement pursuant to this article. The holder of the conservation easement shall ensure, on an annual basis, that the conservation easement conditions have been met for that year.

(2) Grants for land improvement.

(3) Cost-sharing incentive payments to private landowners who enter into long-term conservation agreements. An agreement shall include management practices that benefit oak woodlands and promote the economic sustainability of farming and ranching operations.

(4) Public education and outreach by local government entities, park and open-space districts, resource conservation districts, and nonprofit organizations. The public education and outreach shall identify and communicate the social, economic, agricultural, and biological benefits of strategies to conserve oak woodlands habitat values, including watershed protection benefits that reduce soil erosion, increase streamflows, and increase water retention and sustainable agricultural operations.

(5) Assistance to local government entities, park and open-space districts, resource conservation districts, and nonprofit organizations for the development and implementation of oak conservation elements in local general plans.

(6) Technical assistance consistent with the purpose of preserving oak woodlands.

(e) Not more than 20 percent of all grants made by the board pursuant to this article may be used for the purposes described in paragraphs (4), (5), and (6) of subdivision (d). Not less than 80 percent of funds available for grants pursuant to this article shall be expended for the purposes described in paragraphs (1), (2), and (3) of subdivision (d).

(f) Notwithstanding any other provision of law, this article governs the expenditure of funds for the preservation of oak woodlands pursuant to paragraph (4) of subdivision (a) of Section 5096.350 of the Public Resources Code.

article: 3.5. Oak Woodlands Conservation Act


citation: FGC § 1364

text: Moneys in the fund shall be available to local government entities, park and open-space districts, resource conservation districts, private landowners, and nonprofit organizations for the purposes set forth in subdivision (d) of Section 1363.

article: 3.5. Oak Woodlands Conservation Act


citation: FGC § 1365

text: The board shall develop and adopt guidelines and criteria for awarding grants that achieve the greatest lasting conservation of oak woodlands. The board shall develop these guidelines in consultation with the Department of Forestry and Fire Protection, the Department of Food and Agriculture, the University of California’s Integrated Hardwood Range Management Program, conservation groups, and farming and ranching associations. As it applies to the award of grants for the implementation of this article, the board criteria shall specify that easement acquisitions that are the most cost-effective in comparison to the actual resource value of the easement shall be given priority.

article: 3.5. Oak Woodlands Conservation Act


citation: FGC § 1366

text:
(a) To qualify for a grant pursuant to this article, the county or city in which the grant money would be spent shall prepare, or demonstrate that it has already prepared, an oak woodlands management plan that includes a description of all native oak species located within the county’s or city’s jurisdiction.

(b) To qualify for a grant pursuant to this article, the board shall certify that any proposed easement was not, and is not, required to satisfy a condition imposed upon the landowner by any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, the mitigation of significant effects on the environment of a project pursuant to an approved environmental impact report or to mitigate a negative declaration required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) of the Public Resources Code.

(c) To qualify for a grant under this article, the applicant shall demonstrate that its proposal provides protection of oak woodlands that is more protective than the applicable provisions of law in existence on the date of the proposal.

(d) A county or city may develop an oak woodlands management plan. A nonprofit corporation, park and open-space district, resource conservation district, or other local government entity may apply to the board for funds to develop an oak woodlands management plan for a county or city, but the county or city shall maintain ultimate authority to approve the oak woodlands management plan.

(e) The process for developing an initial oak woodlands management plan, and the adoption of significant amendments to a plan, as determined by the county or city, are subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

(f) A proposal by a local government entity, nonprofit corporation, park and open-space district, private landowner, or resource conservation district for a grant to be expended for the purposes of this article shall be certified by the county or city as being consistent with the oak woodlands management plan of the county or city. If the land covered by the proposal is in the jurisdiction of more than one county or city, each county or city shall certify that the proposal is consistent with the oak woodlands management plan of each county or city.

(g) If two or more entities seek grant funding from the board pursuant to this article for the same jurisdiction, the county or city shall designate which entity shall lead the efforts to manage oak woodlands habitat in the area.

article: 3.5. Oak Woodlands Conservation Act


citation: FGC § 1367

text:
On or before April 1, 2002, the board and the Department of Forestry and Fire Protection shall develop a memorandum of understanding regarding the protection of oak woodlands that does all of the following:

(a) If necessary, creates a specific process for working together to use money from the fund in conjunction with the California Forest Legacy Program Act of 2000 (Division 10.5 (commencing with Section 12200) of the Public Resources Code).

(b) Lists elements a county or city shall include in its oak woodlands management plan. Items included in the plan shall assist a county or a city to specify conservation priorities and prevent oak woodlands habitat fragmentation while minimizing the cost and administrative burden associated with developing the plan. The elements may include any or all of the following:

(1) Tree inventory mapping.

(2) Oak canopy retention standards.

(3) Oak habitat mitigation measures.

(4) A procedure to monitor the effectiveness of the plan and to modify the plan as necessary.

(c) Designates an online repository for oak woodlands management plans that will be easily accessible to the public and any other state agency involved in oak woodlands conservation efforts.

(d) Discusses the relationship between oak woodlands conservation efforts under this article and efforts by other state agencies to protect oak woodlands, including efforts to combat sudden oak death, and outlines a plan, as necessary, for coordinating with these agencies.

article: 3.5. Oak Woodlands Conservation Act


citation: FGC § 1368

text: The board may not approve a grant to a local government entity, park and open-space district, resource conservation district, or nonprofit organization if the entity requesting the grant has acquired, or proposes to acquire, an oak woodlands conservation easement through the use of eminent domain, unless the owner of the affected lands requests the owner to do so.

article: 3.5. Oak Woodlands Conservation Act


citation: FGC § 1369

text: A city or county planning department may utilize a grant awarded for the purposes of this article to consult with a citizen advisory committee and appropriate natural resource specialists in order to report publicly to the city council or the board of supervisors on the status of the city’s or county’s oak woodlands. Each city or county planning department that receives a grant for the purposes of this article shall report to the city council or to the board of supervisors of the county, as appropriate, on the use of those grant funds within one year from the date the grant is received.

article: 3.5. Oak Woodlands Conservation Act


citation: FGC § 1370

text: No money may be expended from the fund to adopt guidelines or to administer the fund until at least one million dollars ($1,000,000) is deposited in the fund.

article: 3.5. Oak Woodlands Conservation Act


citation: FGC § 1372

text: Nothing in this article grants any new authority to the board or any other agency, office, or department to affect local policy or land use decisionmaking.

article: 3.5. Oak Woodlands Conservation Act


citation: FGC § 1374

text:
(a) The Monarch Butterfly and Pollinator Rescue Program is hereby established and shall be administered by the Wildlife Conservation Board.

(b) The purpose of the program is to recover and sustain populations of monarch butterflies and other pollinators.

(c) To achieve the purposes of the program, the Wildlife Conservation Board may do all of the following:

(1) Provide grants for the restoration or enhancement of California prairie and other appropriate breeding habitat for monarch butterflies and pollinators on private and public lands.

(2) Provide grants for the restoration or enhancement of overwintering monarch butterfly habitat on private and public lands.

(3) Provide technical assistance to grant recipients, including farmers and ranchers, regarding restoration and enhancement of breeding, overwintering, and other appropriate monarch butterfly habitat.

(4) Award grants pursuant to this chapter.

(5) Provide grants for seasonal or temporary habitat improvements.

(6) Provide block grants in which suballocations are made by the grant recipient, with the approval of the Wildlife Conservation Board.

(d) Eligible recipients for grants under the program include private landowners, nonprofit organizations, resource conservation districts, or public agencies.

(e) (1)   Before disbursing a grant pursuant to this article, the Wildlife Conservation Board shall develop and adopt project selection and evaluation guidelines. The guidelines shall include monitoring and reporting requirements to help assess grant outcomes.

(2) The Wildlife Conservation Board shall coordinate with the Department of Food and Agriculture in developing program guidelines.

history: (History: Added by Stats. 2018, Ch. 760, Sec. 2. (AB 2421) Effective January 1, 2019.)

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 4. Wildlife Conservation Law of 1947 > 3.7. Monarch Butterfly and Pollinator Rescue Program


text:
(a) The Monarch Butterfly and Pollinator Rescue Fund Account is hereby created in the State Treasury. The account shall be administered by the Wildlife Conservation Board. Moneys in the account may be expended, upon appropriation by the Legislature, for the purposes of this article.

(b) Moneys may be deposited into the account from gifts, donations, funds appropriated by the Legislature for the purposes of this article, or from federal grants or other sources, and shall be used for the purpose of implementing this article, including administrative costs.

article: 3.7. Monarch Butterfly and Pollinator Rescue Program


citation: FGC § 1375

text: The board may act either independently or may cooperate with the United States Fish and Wildlife Service, Department of Interior, or any other federal agency in determining any of the questions referred to in this chapter, or in the acquisition and construction of any of the projects mentioned in this chapter.

article: 4. Cooperation With United States

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 4. Wildlife Conservation Law of 1947 > 4. Cooperation With United States


citation: FGC § 1385

text: This chapter shall be known and may be cited as the California Riparian Habitat Conservation Act.

history: (History: Added by Stats. 1991, Ch. 762, Sec. 3.)

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 4.1. California Riparian Habitat Conservation Program


citation: FGC § 1386

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

(a) California’s rivers, wetlands, and waterways, and the fisheries and wildlife habitat they provide, are valuable and finite resources that benefit the people of the state and are threatened with deterioration or degeneration that may endanger the natural beauty and productivity of these valuable resources.

(b) The public interest requires the coordinated protection of rivers and riparian resources in order to maintain an equilibrium between the natural endowment of, and manmade alterations to, California’s river environment, and in order to preserve the scenic beauty of these natural resources and the recreational and economic benefits they provide.

(c) By virtue of the special conditions and circumstances of the natural ecology, the increasing human populations and needs in the state, and the numerous governmental agencies with an interest in coordinating activities which affect rivers and riparian habitat resources, there is a need for a coordinated state rivers and riparian habitat protection program.

chapter: 4.1. California Riparian Habitat Conservation Program


citation: FGC § 1387

text: The Wildlife Conservation Board shall establish and administer, through the department, the California Riparian Habitat Conservation Program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The purpose and goal of the program is to protect, preserve, and restore riparian habitats throughout the state by the acquisition of interests and rights in real property and waters to the extent deemed necessary to carry out the purposes of the program.


citation: FGC § 1388

text: The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance riparian habitat throughout the state, and coordinate its activities undertaken pursuant to this program with other resources protection activities of the board and other state agencies.


citation: FGC § 1389

text: The preservation and enhancement of riparian habitat shall be a primary concern of the Wildlife Conservation Board and the department, and of all state agencies whose activities impact riparian habitat, including the Department of Conservation, the Department of Parks and Recreation, the Department of Water Resources, the Department of Forestry and Fire Protection, the State Coastal Conservancy, the California Conservation Corps, the California Tahoe Conservancy, the Santa Monica Mountains Conservancy, the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, and the State Lands Commission.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 94. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)


citation: FGC § 1390

text:
In order to accomplish the objectives of this chapter, the Wildlife Conservation Board may authorize the department to do all of the following:

(a) Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property.

(b) Coordinate its activities under the program with any governmental program for surplus real property sales in the state.

(c) Award grants and loans to local public agencies, state agencies, federal agencies, and nonprofit organizations for the purposes of this program.

(d) For the purposes of this chapter, “nonprofit organization” means any private, nonprofit organization which qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and has among its principal charitable purposes the preservation of real property for scientific, historic, educational, recreational, scenic or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat.

(e) Exercise any authority and comply with requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance riparian habitat for purposes of this chapter.


citation: FGC § 1391

text:
Grants to nonprofit organizations pursuant to Section 1390 for the acquisition of real property or interests therein shall be subject to all of the following conditions:

(a) The purchase price of any interest in real property acquired by the nonprofit organization may not exceed fair market value as established by an appraisal approved by the Wildlife Conservation Board.

(b) The Wildlife Conservation Board approves the terms under which the interest in real property is acquired.

(c) The interest in real property acquired pursuant to a grant from the Wildlife Conservation Board may not be used as security for any debt to be incurred by the nonprofit organization unless the board approves the transaction.

(d) The transfer of real property acquired pursuant to a grant shall be subject to the approval of the Wildlife Conservation Board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the State of California.

(e) The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated.

(f) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state. However, prior to that termination, upon approval of the board, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state.


citation: FGC § 1400

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

history: (History: Added by Stats. 1990, Ch. 1645, Sec. 2.)

article: 1. Definitions

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 4.3. Inland Wetlands Conservation Program > 1. Definitions


citation: FGC § 1401

text: “Fund” means the Inland Wetlands Conservation Fund, created in the Wildlife Restoration Fund by Section 1430.

chapter: 4.3. Inland Wetlands Conservation Program

article: 1. Definitions


citation: FGC § 1402

text: “Board” means the Wildlife Conservation Board created by Section 1320.

article: 1. Definitions


citation: FGC § 1403

text: “Inland areas” means the entire area of California except lands under the jurisdiction of the State Coastal Conservancy, lands within the Santa Monica Mountains Zone, as defined in Section 33105 of the Public Resources Code, and lands under the jurisdiction of the California Tahoe Conservancy Agency in the Lake Tahoe region, as defined in Section 66905.5 of the Government Code.

article: 1. Definitions


citation: FGC § 1404

text: “Program” means the Inland Wetlands Conservation Program, as provided in this chapter.

article: 1. Definitions


citation: FGC § 1405

text: “Nonprofit organization” means an organization described in subsection (c) of Section 501 of the Internal Revenue Code of the United States (26 U.S.C. 501(c)).

article: 1. Definitions


citation: FGC § 1410

text: The Inland Wetlands Conservation Program is hereby created in the board.

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 4.3. Inland Wetlands Conservation Program > 2. The Inland Wetlands Conservation Program


citation: FGC § 1411

text:
(a) The Inland Wetlands Conservation Program is the program designated for use of the funds allocated pursuant to subdivision (f) of Section 2791, as enacted by the California Wildlife Protection Act of 1990. The board shall administer the program.

(b) The board is the agency designated for receipt of the funds allocated pursuant to subdivision (f) of Section 2791, as enacted by the California Wildlife Protection Act of 1990.

(c) The purpose and goal of the program is to carry out the programs of the Central Valley Habitat Joint Venture.

article: 2. The Inland Wetlands Conservation Program


citation: FGC § 1412

text: The board may apply for and accept federal grants and receive gifts, donations, subventions, rent, royalties, and other financial support from public and private sources for the purposes of the program.


citation: FGC § 1413

text: The board may acquire or accept the gift or dedication of fee title, easements, leases, development rights, or other interests in lands in inland areas necessary to carry out the purposes of this chapter.


citation: FGC § 1414

text: The board shall coordinate its activities in the program with federal surplus land sales in inland areas.


citation: FGC § 1415

text:
(a) Notwithstanding any other provision of law, the board may lease, rent, sell, exchange, or otherwise transfer any land, interest in land, or option acquired pursuant to this chapter for the purposes of carrying out the program.

(b) The proceeds from any lease, rental, sale, exchange, or transfer of land, or any interest therein, or option thereon, shall be deposited in the fund.


citation: FGC § 1416

text: The board may make grants or loans to nonprofit organizations, local governmental agencies, and state departments and agencies for the purpose of wetland and associated upland habitat acquisition, restoration, or enhancement in the same manner and subject to the same provisions as prescribed in Section 31116 of the Public Resources Code. Proceeds from repayment of any loans and the interest thereon shall be deposited in the fund.


citation: FGC § 1417

text: The board may lease nonwetlands habitat in need of restoration to nonprofit organizations, local governmental agencies, and state departments and agencies under agreements in which the lessee agrees to restore the wetlands to their highest possible wetland value and maintain the wetlands at that highest possible wetland value. Proceeds from any lease or rental and interest thereon shall be deposited in the fund.


citation: FGC § 1418

text: The board may acquire former wetlands and associated upland habitat, restore those areas, and sell the lands, or any interest therein, to private owners, local governmental agencies, and state departments and agencies or exchange them for other land, if an agreement is secured to keep and maintain the lands as wetlands in perpetuity. The agreement shall contain a reversion if the lands sold or exchanged are not maintained as wetlands. The agreement containing the reversion shall be set forth in any conveyance transferring any land, interest in land, or option subject to this section. Proceeds from the sales or exchanges shall be deposited in the fund.


citation: FGC § 1419

text: Any funds remaining after an eligible acquisition, restoration, or enhancement of any project under this article shall be returned to the board and shall be deposited in the fund.


citation: FGC § 1420

text: In reviewing any grant or loan application, preference shall be given to projects on wetlands that have a secure source of water or are adjacent to existing wetlands that are protected by public ownership or conservation easements, or both. The board shall give preference to wintering habitat in the central valley.


citation: FGC § 1421

text:
When creating new wetlands, the board shall give preference to lands most suitable for this purpose due to elevations, existence of levees, proximity to existing wetlands that are protected, and potential sources of water. These potential sources of water are limited to all of the following:

(a) Water rights which are attached to the land to be restored including groundwater associated with the property.

(b) Water willingly made available for a wetlands conservation project through water conservation.

(c) Recycled water.

(d) Undeveloped water supplies of the state.

(e) Water marketed for wetlands purposes by a willing seller.

(f) Water otherwise made available for wetlands purposes by private, nonprofit, local, and regional entities.

history: (History: Amended by Stats. 1995, Ch. 28, Sec. 1.5. Effective January 1, 1996.)


citation: FGC § 1422

text:
On or before January 1, 1992, and every third year thereafter, the board shall prepare and submit a report to the Governor and the Legislature on activities of the board under this chapter and other activities relating to wetland acquisition by the board. The report shall include, but is not limited to, the following:

(a) The status of wetland acquisition, restoration, and enhancement projects in inland areas.

(b) The net increase of wetland habitat as a result of projects of the board, including the activities carried out pursuant to the program.


citation: FGC § 1430

text: The Inland Wetlands Conservation Fund is hereby created in the Wildlife Restoration Fund. The money in the fund shall be solely used to carry out the Inland Wetlands Conservation Program, including the administrative costs of the program.

article: 3. Finances

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 4.3. Inland Wetlands Conservation Program > 3. Finances


citation: FGC § 1431

text: The board shall deposit in the fund all allocations made pursuant to subdivision (f) of Section 2791. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated to the board to carry out this chapter.

article: 3. Finances


citation: FGC § 1450

text: This chapter shall be known, and may be cited, as the California Desert Conservation Act.

history: (History: Added by Stats. 2021, Ch. 380, Sec. 1. (AB 1183) Effective January 1, 2022.)

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 4.4. California Desert Conservation Program


citation: FGC § 1451

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

(a) The Mojave and Colorado Deserts region in California, hereafter referred to as “the California deserts region,” are globally significant areas, including national parks and preserves, national monuments, wilderness areas, state parks, and the lowest point in the 48 contiguous states, with large, pristine areas that are open for public use.

(b) The California deserts region is also the ancestral homeland of numerous tribal communities. The region includes cultural, biological, and historical resources on sacred land that should be protected and preserved.

(c) The California deserts region is an important part of the state’s economy, with total direct travel spending in the California deserts region estimated in 2018 at seven billion six hundred million dollars ($7,600,000,000) and by supporting 73,000 jobs. Total government revenue generated by travel in the California deserts region for 2018 was six hundred nine million dollars ($609,000,000).

(d) The California deserts region’s popularity among California and international recreationists has more than doubled within the past five years. Visitation to Joshua Tree National Park increased by 112 percent between 2013 and 2018. During the same time period, visits to Death Valley National Park increased by 76 percent and visits to Mojave National Preserve increased by 43 percent.

(e) The California deserts region provides world-class opportunities for hiking, camping, sightseeing, rock climbing, rock hounding, off-highway vehicle use, and many other recreational activities.

(f) Undisturbed desert lands are known to sequester and store carbon and contribute to climate change resilience.

(g) Nonnative, invasive grasses, such as Mediterranean grass and cheatgrass, create continuous fuel beds across desert lands that can spark and support massive wildfires in areas where fire was previously rare.

(h) The California deserts region is characterized as having high biological diversity. In the Mojave Desert, there is an approximate total of 1,500 plant taxa with 210 being endemic to California.

(i) The California deserts region is home to iconic species such as the western Joshua tree (Yucca brevifolia), the federally threatened desert tortoise (Gopherus agassizii), and species of special concern such as the desert bighorn sheep (Ovis canadensis nelsoni), which requires wildlife corridors to maintain healthy populations.

(j) Water sources within the California deserts region are comprised of both groundwater and surface water that provide critical sustenance for unique and diverse ecosystems. Groundwater elevations should be stable and not overdrafted to maintain the surface flow of springs that support the fragile ecosystems in the region. Proposed groundwater extraction projects have threatened water supplies in the California deserts region.

chapter: 4.4. California Desert Conservation Program