text:
(a) The Legislature finds and declares that the department continues to be inadequately funded to meet its mandates. While revenues have been declining, the department’s responsibilities have increased in order to protect public trust resources in the face of increasing population and resource management demands. The department’s revenues have been limited due to a failure to maximize user fees and inadequate non-fee-related funding. The limited department revenues have resulted in the inability of the department to effectively provide all of the programs and activities required under this code and to manage the wildlife resources held in trust by the department for the people of the state.

(b) The Legislature further finds and declares that the department has been largely supported by fees paid by those who utilize the resources held in trust by the department. It is the intent of the Legislature that, to the extent feasible, the department should continue to be funded by user fees. All fees collected by the department, including, but not limited to, recreational hunting and fishing licenses, landing fees, commercial licenses, permits and entitlements, and other fees for use of the resources regulated or managed by the department, are user fees. To the extent that these fees are appropriated through the Budget Act for the purposes for which they are collected to provide services to the people of the State of California, these user fees are not subject to Article XIIIB of the California Constitution.

(c) The Legislature further finds and declares that user fees are not sufficient to fund all of the department’s mandates. To fulfill its mandates, the department must secure a significant increase in reliable funding, in addition to user fees.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 2. (SB 92) Effective June 27, 2017.)

article: 1. Generally


kind: section

code: FGC

text:
(a) The Legislature finds and declares all of the following:

(1) The department continues to face serious funding instability due to revenue declines from traditional user fees and taxes and the addition of new and expanded program responsibilities.

(2) Historically, the recreational and commercial fishing industry has funded much of the department’s marine fisheries activities.

(3) As the state’s population grows and development changes historic land uses, fish and wildlife continue to be depleted, necessitating a significant portion of the department’s activities to be directed toward protecting fish and wildlife for the benefit of the people of the state.

(b) It is the intent of the Legislature to extend the current user-based funding system by allocating a portion of the marine resource protection costs to those who use and benefit from recreational and commercial use of the marine resources.

(c) It is the Legislature’s intent that, notwithstanding Section 711, the department shall cooperate with the Legislature, recreational users, conservation organizations, the commercial fishing industry, and other interested parties to identify and propose new alternative sources of revenue to fund the department’s necessary marine conservation, restoration, and resources management, and protection responsibilities.

(d) It is further the intent of the Legislature to identify new funding sources and to secure those sources to adequately fund the department’s activities directed at protecting and managing wildlife for the people of the state.

history: (History: Amended by Stats. 2006, Ch. 667, Sec. 11. Effective January 1, 2007.)

division: 2. DEPARTMENT OF FISH AND WILDLIFE

chapter: 1. Organization and General Functions

article: 1. Generally

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 1. Organization and General Functions > 1. Generally


citation: FGC § 711

text:
(a) It is the intent of the Legislature to ensure adequate funding from appropriate sources for the department. To this end, the Legislature finds and declares that:

(1) The costs of nongame fish and wildlife programs shall be provided annually in the Budget Act by appropriating money from the General Fund, through nongame user fees, and sources other than the Fish and Game Preservation Fund to the department for these purposes.

(2) The costs of commercial fishing programs shall be provided out of revenues from commercial fishing landing fees, license fees, and other revenues, from reimbursements and federal funds received for commercial fishing programs, and other funds appropriated by the Legislature for this purpose.

(3) The costs of hunting and sportfishing programs shall be provided out of hunting and sportfishing revenues and reimbursements and federal funds received for hunting and sportfishing programs, and other funds appropriated by the Legislature for this purpose. These revenues, reimbursements, and federal funds shall not be used to support commercial fishing programs, free hunting and fishing license programs, or nongame fish and wildlife programs.

(4) The costs of managing lands managed by the department and the costs of wildlife management programs shall be supplemented out of revenues in the Native Species Conservation and Enhancement Account in the Fish and Game Preservation Fund.

(5) Hunting, sportfishing, and sport ocean fishing license fees shall be adjusted annually to an amount equal to that computed pursuant to Section 713. However, a substantial increase in the aggregate of hunting and sportfishing programs shall be reflected by appropriate amendments to the sections of this code that establish the base sport license fee levels. The inflationary index provided in Section 713 shall not be used to accommodate a substantial increase in the aggregate of hunting and sportfishing programs.

(6) The costs of a conservation and mitigation banking program, including, but not limited to, costs incurred by the department during its adoption of guidelines for, and the review, approval, establishment, monitoring, and oversight of, banks, shall be reimbursed from revenues of conservation and mitigation bank application fees imposed pursuant to Sections 1798.5, 1798.6, and 1799.

(b) The director and the Secretary of the Natural Resources Agency, with the department’s annual budget submittal to the Legislature, shall submit a report on the fund condition, including the expenditures and revenue, for all accounts and subaccounts within the Fish and Game Preservation Fund. The department shall also update its cost allocation plan to reflect the costs of program activities.

(c) For purposes of this section, “substantial increase” means an increase in excess of 5 percent of the Fish and Game Preservation Fund portion of the department’s current year support budget, excluding cost-of-living increases provided for salaries, staff benefits, and operating expenses.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 12. (AB 1760) Effective January 1, 2024.)

article: 1. Generally


text:
(a) The expenditure of all federal grant moneys made available to the state pursuant to the Federal Aid in Wildlife Restoration Act (16 U.S.C. Sec. 669 et seq.) shall be consistent with that act.

(b) In applying for federal grant moneys available pursuant to the Federal Aid in Wildlife Restoration Act, the department shall give priority to projects that fulfill one or more of the following purposes:

(1) Management of the department’s wildlife areas or other lands open to the public for hunting and other public priority uses listed in paragraph (1) of subdivision (d) of Section 1745.

(2) Conservation of, or scientific research concerning, wildlife or wildlife habitat.

(3) Support of the department’s hunting-related programs, including hunter education, public access, and target shooting.

(c) The department shall post a brief description of projects or programs funded by moneys received pursuant to the Federal Aid in Wildlife Restoration Act on its Internet Web site. The description shall include information about the budget of each project or program.

(d) The department shall consult with any of the advisory committees established pursuant to Sections 3684, 3702.1, and 3953 regarding all projects funded by the Federal Aid in Wildlife Restoration Act that are relevant to the committee or committees.

history: (History: Added by Stats. 2014, Ch. 259, Sec. 1. (SB 1434) Effective January 1, 2015.)

article: 1. Generally


text:
(a) For purposes of this code, unless the context otherwise requires, “project” has the same meaning as defined in Section 21065 of the Public Resources Code.

(b) For purposes of this article, “person” includes any individual, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, city, county, city and county, town, the state, and any of the agencies of those entities.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 23. (AB 1527) Effective January 1, 2016.)

article: 1. Generally


text:
(a) The department shall impose and collect a filing fee in the amount prescribed in subdivision (d) to defray the costs of managing and protecting fish and wildlife trust resources, including, but not limited to, consulting with other public agencies, reviewing environmental documents, recommending mitigation measures, developing monitoring requirements for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), consulting pursuant to Section 21104.2 of the Public Resources Code, and other activities protecting those trust resources identified in the review pursuant to the California Environmental Quality Act.

(b) The filing fees shall be proportional to the cost incurred by the department and shall be annually reviewed and adjustments recommended to the Legislature in an amount necessary to pay the full costs of department programs as specified. The department shall annually adjust the fees pursuant to Section 713.

(c) (1) All project applicants and public agencies subject to the California Environmental Quality Act shall pay a filing fee for each proposed project, as specified in subdivision (d).

(2) Notwithstanding paragraph (1), a filing fee shall not be paid pursuant to this section if any of the following conditions exist:

(A) The project has no effect on fish and wildlife.

(B) The project is being undertaken by the department.

(C) The project costs are payable by the department from any of the following sources that are held by the department:

(i) The Public Resources Account in the Cigarette and Tobacco Products Surtax Fund.

(ii) The California Wildlife, Coastal, and Park Land Conservation Fund of 1988.

(iii) The Habitat Conservation Fund.

(iv) The Fisheries Restoration Account in the Fish and Game Preservation Fund.

(v) The Commercial Salmon Stamp Dedicated Subaccount in the Fish and Game Preservation Fund.

(vi) The California Ocean Resource Enhancement Account.

(D) The project is implemented by the department through a contract with either a nonprofit entity or a local government agency.

(3) Filing fees shall be paid at the time and in the amount specified in subdivision (d). Notwithstanding Sections 21080.5 and 21081 of the Public Resources Code, a project shall not be operative, vested, or final, and local government permits for the project shall not be valid, until the filing fees required pursuant to this section are paid.

(d) The fees shall be in the following amounts:

(1) For a project that is statutorily or categorically exempt from the California Environmental Quality Act, including those certified regulatory programs that incorporate statutory and categorical exemptions, a filing fee shall not be paid.

(2) For a project for which a negative declaration is prepared pursuant to subdivision (c) of Section 21080 of the Public Resources Code, the filing fee is one thousand eight hundred dollars ($1,800). A local agency collecting the filing fee shall remit the fee to the county clerk at the time of filing a notice of determination pursuant to Section 21152 of the Public Resources Code. A state agency collecting the filing fee shall remit the fee to the Office of Planning and Research at the time of filing a notice of determination pursuant to Section 21108 of the Public Resources Code.

(3) For a project with an environmental impact report prepared pursuant to the California Environmental Quality Act, the filing fee is two thousand five hundred dollars ($2,500). A local agency collecting the filing fee shall remit the fee to the county clerk at the time of filing a notice of determination pursuant to Section 21152 of the Public Resources Code. A state agency collecting the filing fee shall remit the fee to the Office of Planning and Research at the time of filing a notice of determination pursuant to Section 21108 of the Public Resources Code.

(4) For a project that is subject to a certified regulatory program pursuant to Section 21080.5 of the Public Resources Code, the filing fee is eight hundred fifty dollars ($850). The filing fee shall be paid to the department before the filing of the notice of determination pursuant to Section 21080.5 of the Public Resources Code.

(e) The county clerk may charge a documentary handling fee of fifty dollars ($50) per filing in addition to the filing fee specified in subdivision (d).

(1) The county clerk of each county and the Office of Planning and Research shall maintain a record electronically, and may maintain the record on paper, of all environmental documents received. The record shall include, for each environmental document received, the name of each applicant or lead agency, the document filing number, the project name as approved by the lead agency, and the filing date. The record shall be made available for examination or audit by authorized personnel of the department during normal business hours.

(2) The filing fee imposed and collected pursuant to subdivision (d) shall be remitted monthly to the department within 30 days after the end of each month. The remittance shall be accompanied with the information required pursuant to paragraph (1). The amount of fees due shall be reported on forms prescribed and provided by the department.

(3) The department shall assess a penalty of 10 percent of the amount of fees due for a failure to remit the amount payable when due. The department may pursue collection of delinquent fees through the Controller’s office pursuant to Section 12419.5 of the Government Code.

(f) Notwithstanding subdivision (a) of Section 12000, failure to pay the fee under subdivision (d) is not a misdemeanor. All unpaid fees are a statutory assessment subject to collection under procedures as provided in the Revenue and Taxation Code.

(g) Only one filing fee shall be paid for each project unless the project is tiered or phased, or separate environmental documents are required.

(h) This section does not preclude or modify the duty of the department to recommend, require, permit, or engage in mitigation activities pursuant to the California Environmental Quality Act.

(i) The permit process of the California Coastal Commission, as certified by the Secretary of the Natural Resources Agency, is exempt from the payment of the filing fees prescribed by paragraph (4) of subdivision (d) insofar as the permits are issued under any of the following regulations:

(1) Subchapter 4 (commencing with Section 13136) of Chapter 5 of Division 5.5 of Title 14 of the California Code of Regulations.

(2) Subchapter 1 (commencing with Section 13200), Subchapter 3 (commencing with Section 13213), Subchapter 4 (commencing with Section 13215), Subchapter 4.5 (commencing with Section 13238), Subchapter 5 (commencing with Section 13240), Subchapter 6 (commencing with Section 13250), and Subchapter 8 (commencing with Section 13255.0) of Chapter 6 of Division 5.5 of Title 14 of the California Code of Regulations.

history: (History: Amended by Stats. 2024, Ch. 583, Sec. 1. (AB 3007) Effective January 1, 2025.)

article: 1. Generally


text:
(a) The fish and wildlife resources are held in trust for the people of the state by and through the department.

(1) Insofar as state wildlife trust resources exist and depend upon federal proprietary lands or federal land and water adjacent to or affecting state trust resources, all persons engaging in projects or activities under federal license, contract, or permit, to the extent permitted by federal law, shall be governed by this article and shall pay project filing fees unless the payment of state filing and permit fees is explicitly preempted by the authority of the federal agency permitting the use or modification of state trust resources.

(2) Insofar as state wildlife trust resources exist and depend upon federal proprietary lands or federal lands and waters adjacent to or affecting state trust resources, all federal agencies acting in their proprietary capacity, to the extent permitted by federal law, shall be governed by this article and Sections 10005 and 21089 of the Public Resources Code, unless the payment of state filing and permit fees is explicitly preempted by the authority of a particular federal agency.

(b) If a court of competent jurisdiction finds that any provision of this section or the application thereof to any federal agency, person, or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

history: (History: Added by Stats. 1990, Ch. 1706, Sec. 5.)

article: 1. Generally


citation: FGC § 712

text:
It is the intent of the Legislature that the Department of Finance shall include in the Governor’s Budget sufficient moneys from the General Fund and sources other than the Fish and Game Preservation Fund to pay the costs of the department’s nongame programs, including those necessary for the protection and enhancement of California’s nongame fish and wildlife and their habitat, the free hunting and fishing license programs, and special repairs and capital outlay.

It is the intent of the Legislature that the Department of Finance shall not include in the Governor’s Budget any appropriation from the Fish and Game Preservation Fund for any program or project which is not expressly found to be an activity relating to the protection or propagation of fish and game, except to the extent that moneys have been deposited in that fund from collections under a law which is not related to the protection or propagation of fish and game.

Any study relating to funding of programs administered or conducted by the department shall include express findings of whether the program is related to the protection or propagation of fish and game and shall describe the relationship.

history: (History: Amended by Stats. 1990, Ch. 1706, Sec. 6.)

article: 1. Generally


text:
(a) (1) The department’s mission is to manage California’s diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment of the public.

(2) The department’s core programs are the following:

(A) Management of departmental lands and facilities.

(B) Biodiversity conservation.

(C) Hunting, fishing, and public use.

(D) Enforcement.

(E) Spill prevention and response.

(F) Communication, education, and outreach.

(3) The department, as a part of a service-based budget review, shall identify strategic goals that reflect the core programs identified in paragraph (2) and support the department’s mission and statutory requirements.

(b) (1) The department shall contract with an independent entity to conduct a comprehensive service-based budget review and to consult on the development of a service-based budget tracking system. The selected contractor shall have experience conducting similar reviews and consulting on similar systems for a comparably sized state agency or department.

(2) The service-based budget review shall study and report on all of the following topics:

(A) For each strategic goal identified pursuant to paragraph (3) of subdivision (a), a definition of the service standards and essential activities required for the department to meet its mission and statutory requirements.

(B) Detailed cost estimates and staffing requirements for meeting the service standards and requirements identified pursuant to subparagraph (A), including applicable administrative costs.

(C) An analysis of how current service levels, activities, expenditures, and staffing levels compare with the service standards and costs identified pursuant to subparagraphs (A) and (B), respectively. The analysis shall explicitly identify instances and associated costs where the department is not currently meeting its mission or statutory requirements, as well as where it may be conducting activities outside its mission and statutory requirements.

(D) An analysis of the department’s existing revenue structure and program activities supported by those fund sources. The analysis shall identify any instances where the nature of the activity suggests a different funding source, such as user fees or the General Fund, or a different revenue structure that could be allowable or more appropriate to support the activity, or both allowable and more appropriate to support the activity.

(E) The service-based budget review conducted pursuant to this section shall build upon the California Fish and Wildlife Strategic Vision: Recommendations for Enhancing the State’s Fish and Wildlife Management Agencies, issued in April 2012, and the Supporting Healthy Fish and Wildlife Populations in California and Getting People Outdoors: An Expenditure Concept to Invest in Our Natural Heritage for All Californians, issued on November 2, 2017.

(3) (A) The service-based budget tracking system shall incorporate data collected for the review pursuant to paragraph (2), including the costs and staffing levels associated with both existing service levels and the service level standards developed pursuant to subparagraph (A) of paragraph (2).

(B) The service-based budget tracking system shall allow the department to continuously analyze service levels across its programs and the degree to which service standards are being met.

(C) The service-based budget tracking system shall be developed as a tool to inform ongoing and future fiscal decisionmaking processes.

(D) The service-based budget tracking system shall be the property of the state even if it is developed using nonstate funding provided pursuant to subdivision (d).

(4) To meet the goals of this subdivision, the department shall collect information necessary to inform service-based budgeting.

(c) In conducting the service-based budget review and developing the service-based budget tracking system pursuant to subdivision (b), the department shall meet all of the following deadlines:

(1) By December 15, 2018, the department shall do all of the following:

(A) Enter into a contract with the independent entity to complete the service-based budget review.

(B) Form an internal leadership team within the department to oversee and manage the service-based budget review.

(C) Form an external advisory committee to advise the department and independent entity on conducting the service-based budget review.

(D) Submit a report to the relevant budget and policy committees of the Legislature and the Legislative Analyst’s Office summarizing the status of these activities.

(2) By April 15, 2020, the department shall report in its legislative oversight hearings regarding the status of the service-based budget review.

(3) By January 15, 2021, the department shall submit the final service-based budget review report to the relevant budget and policy committees of the Legislature and the Legislative Analyst’s Office.

(4) By April 15, 2021, the department shall report in its legislative oversight hearings how the findings of the service-based budget review have been incorporated into the department’s operations and budget and any changes the department proposed to its operations or budget resulting from the service-based budget review.

(d) (1) 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 of this section.

(2) Funding provided pursuant to this subdivision may be used by the department for department staff, development of information technology systems, or other costs associated with the service-based budget review and the service-based budget tracking system.

(3) The Department of Finance may authorize expenditure of the funds provided pursuant to this subdivision no sooner than 30 days after providing notification of the expenditure to the chairperson of the Joint Legislative Budget Committee.

history: (History: Added by Stats. 2018, Ch. 51, Sec. 1. (SB 854) Effective June 27, 2018.)

article: 1. Generally


citation: FGC § 713

text:
(a) The changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, shall be used as the index to determine an annual rate of increase or decrease in the fees for licenses, stamps, permits, tags, or other entitlements issued by the department.

(b) (1) The department shall determine the change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, for the quarter ending March 31 of the current year compared to the quarter ending March 31 of the previous year. The relative amount of the change shall be multiplied by the current fee for each license, stamp, permit, tag, or other entitlement issued by the department.

(2) The product shall be rounded to the nearest twenty-five cents ($0.25), and the resulting amount shall be added to the fee for the current year. The resulting amount shall be the fee for the license year beginning on or after January 1 of the next succeeding calendar year for the license, stamp, permit, tag, or other entitlement that is adjusted under this section.

(c) Notwithstanding any other provision of law, the department may recalculate the current fees charged for each license, stamp, permit, tag, or other entitlement issued by the department, to determine that all appropriate indexing has been included in the current fees. This section shall apply to all licenses, stamps, permits, tags, or other entitlements, that have not been increased each year since the base year of the 1985–86 fiscal year.

(d) The commission, with respect to any license, stamp, permit, tag, or other entitlement issued by the commission shall comply with subdivisions (a) to (c), inclusive.

(e) The calculations provided for in this section shall be reported to the Legislature with the Governor’s Budget Bill.

(f) The Legislature finds that all revenues generated by fees for licenses, stamps, permits, tags, and other entitlements, computed under this section and used for the purposes for which they were imposed, are not subject to Article XIII B of the California Constitution.

(g) The department and the commission, at least every five years, shall analyze all fees for licenses, stamps, permits, tags, and other entitlements issued by it to ensure the appropriate fee amount is charged. Where appropriate, the department shall recommend to the Legislature or the commission that fees established by the commission or the Legislature be adjusted to ensure that those fees are appropriate.

history: (History: Amended by Stats. 2012, Ch. 565, Sec. 3. (SB 1148) Effective January 1, 2013.)

article: 1. Generally


citation: FGC § 715

text:
(a) The director, in consultation with the Natural Resources Agency, shall establish a formal program, which may be called the Science Institute, to assist the department and commission in obtaining independent scientific review, and recommendations to help inform the scientific work of the department and the commission. The program shall include one or more ad hoc independent scientific committees consisting of independent scientists who are scientific experts in their fields with expertise in biological sciences and with a range of multidisciplinary expertise pertinent to the work of the department and the commission, and which may be convened pursuant to this section. The purpose of the program shall be to assist the department and the commission in obtaining and establishing an independent and objective view of the scientific issues underlying important policy decisions.

(b) The objectives of the program shall include, but not necessarily be limited to, the following:

(1) Providing independent scientific guidance of the scientific research, monitoring, and assessment programs that support the department’s and the commission’s work with fish and wildlife species and their habitats.

(2) Providing the best available independent scientific information and advice to guide and inform department and commission decisions.

(3) Promoting and facilitating independent scientific peer review.

(4) Promoting science-based adaptive management.

(5) Ensuring scientific integrity and transparency in decisionmaking.

(c) The department may consult with members of the ad hoc scientific committees to assist the department in identifying other independent scientific experts with specialized expertise as needed for independent peer review of department reports, including, but not limited to, status review reports prepared for purposes of informing decisions on petitions for listing of species under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3).

(d) The department shall consult with independent scientific advisors to develop and revise as necessary a scientific integrity policy to guide the work of the department and the commission. The scientific integrity policy may include, but is not necessarily limited to, an ethical code of conduct for department scientists, standards for independent peer review, and other best practices for ensuring scientific integrity and public confidence in department and commission work products and decisions.

(e) For marine fisheries and other marine resources, the department may utilize the California Ocean Science Trust for the purposes of this section.

history: (History: Added by Stats. 2012, Ch. 559, Sec. 12. (AB 2402) Effective January 1, 2013.)

article: 1. Generally


citation: FGC § 716

text: The Wildlife Violator Compact is hereby enacted into law and entered into with all other participating states.

history: (History: Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.)

chapter: 1.5. Wildlife Violator Compact

article: 1. General Provisions

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 1.5. Wildlife Violator Compact > 1. General Provisions


text:
It is the policy of this state in entering into the compact to do all of the following:

(a) Promote compliance with the statutes, ordinances, and administrative rules and regulations relating to the management of wildlife resources in this state.

(b) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a participating state and treat that suspension as if it had occurred in the licensee’s home state if the violation that resulted in the suspension could have been the basis for suspension in the home state.

(c) Allow a violator, except as provided in subdivision (b) of Section 716.4, to accept a wildlife citation and, without delay or detention, proceed on his or her way whether or not the violator is a resident of the state in which the citation was issued, if the violator’s home state is a party to this compact.

(d) Report to the appropriate participating states, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state.

(e) Allow the home state to recognize and treat convictions recorded against its residents, if those convictions occurred in a participating state, as though they had occurred in the home state.

(f) Extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one participating state to a resident of another participating state.

(g) Maximize effective use of law enforcement personnel and information.

(h) Assist court systems in the efficient disposition of wildlife violations.

article: 1. General Provisions


text:
The purposes of this chapter include both of the following:

(a) To provide a means by which participating states may join in a reciprocal program to effectuate the policies enumerated in Section 716.1 in a uniform and orderly manner.

(b) To provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of the violator’s right to due process and the sovereign status of the participating states.

article: 1. General Provisions


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

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

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

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

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

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

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

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

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

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

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

(k) “Licensing authority,” with reference to this state, means the department, which is the state agency authorized by law to issue or approve licenses or permits to sport fish, hunt, or trap.

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

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

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

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

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

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

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

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

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

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 24. (AB 1527) Effective January 1, 2016. Compact effective as prescribed in Section 716.9.)

article: 2. Definitions

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 1.5. Wildlife Violator Compact > 2. Definitions


text:
(a) Notwithstanding any other provision of law, when issuing a citation for a wildlife violation for purposes of this chapter, a wildlife officer of the issuing state may issue a citation to any person whose primary residence is in a participating state in the same manner as though the person were a resident of the issuing state, and shall not require that person to post collateral to secure appearance, except as provided in subdivision (b), if the officer receives the personal recognizance of the person that he or she will comply with the terms of the citation.

(b) Personal recognizance is acceptable unless prohibited by ordinance of a city or county, the policy of the issuing agency, a procedure or regulation, or by the compact manual, and only if the violator provides adequate proof of identification to the wildlife officer.

(c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate wildlife officer shall report the conviction or failure to comply to the licensing authority of the participating state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state, and shall contain information as prescribed in the compact manual.

(d) Upon receipt of the report of conviction or noncompliance pursuant to subdivision (c), the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in the form and content prescribed in the compact manual.

article: 3. Issuing State Violation Procedures

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 1.5. Wildlife Violator Compact > 3. Issuing State Violation Procedures


text:
(a) Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority shall notify the violator and shall initiate a suspension action. The licensing authority shall suspend the violator’s license privileges, in accordance with the requirements of due process, until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished to the licensing authority.

(b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state may enter that conviction in its records and may treat the conviction as though it occurred in the home state for the purposes of the suspension of license privileges, if the violation that resulted in the conviction would constitute a wildlife violation in the home state.

(c) The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states as provided in the compact manual.

article: 4. Home State Procedures

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 1.5. Wildlife Violator Compact > 4. Home State Procedures


text:
(a) As a participating member of the wildlife violator compact, the licensing authority of this state may recognize the suspension of license privileges of any person by any participating state if both of the following occur:

(1) The violation that resulted in the conviction would constitute a wildlife violation in this state.

(2) The conviction that resulted in the suspension could have been the basis for suspension under the statutes, ordinances, or administrative rules or regulations of this state.

(b) The licensing authority shall communicate suspension information to other participating states in the form and content prescribed by the compact manual.

article: 5. Reciprocal Recognition of Suspension

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 1.5. Wildlife Violator Compact > 5. Reciprocal Recognition of Suspension


text: Except as expressly required by this chapter, this chapter shall not be construed to affect the right of any participating state to apply any of its statutes, ordinances, or administrative rules or regulations relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state, concerning wildlife law enforcement.

article: 6. Applicability of Other Laws

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 1.5. Wildlife Violator Compact > 6. Applicability of Other Laws


text:
(a) (1) A board of compact administrators is hereby established to serve as a governing body for the resolution of all matters relating to the operation of this compact. The board shall be composed of one member from each of the participating states to be known as the compact administrator.

(2) A compact administrator of any participating state may provide for the discharge of his or her duties and the performance of his or her functions as a board member by an alternate, designated by that member. An alternate is not entitled to serve unless written notification of his or her identity is provided to the board.

(3) The compact administrator for this state shall be appointed by the director and shall serve, and be subject to removal, in accordance with the laws of this state.

(b) Each member of the board is entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the membership of the board vote in favor thereof. Action by the board may only be taken at a meeting at which a majority of the membership of the board is present.

(c) The board shall elect annually from its membership a chairperson and vice chairperson.

(d) The board shall adopt bylaws, not inconsistent with this compact, and may amend and rescind the bylaws.

(e) The board may accept for any of its purposes and functions under this compact any donation and grant of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize, and dispose thereof.

(f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, including any private nonprofit organization or institution.

(g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering this compact. All procedures and forms adopted pursuant to board action shall be contained in a compact manual.

article: 7. Compact Administrator Procedures

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 1.5. Wildlife Violator Compact > 7. Compact Administrator Procedures


text:
(a) This chapter shall become effective at such time as it is adopted in substantially similar form by this state and one or more other states, subject to the following conditions:

(1) The entry into the compact shall be made by resolution executed and ratified by authorized officials of the applying state and submitted to the chairperson of the board of contract administrators.

(2) The resolution shall substantially be in the form and content as provided in the compact manual, and shall include all of the following:

(A) A citation of the authority authorizing the state to become a party to this compact.

(B) An agreement to comply with the terms and provisions of this compact.

(C) An agreement that the state entering into the compact agrees to participate with all participating states in the compact.

(b) The effective date of entry into the compact shall be specified by the applying state but shall not be less than 60 days after notice has been given by either the chairperson or secretary of the board to each participating state that the resolution from the applying state has been received.

(c) A participating state may withdraw from participation in this compact by giving written notice to the compact administrator of each participating state. The withdrawal shall not become effective until 90 days from the date on which the written notice of withdrawal is sent to each participating state. The withdrawal of any state shall not affect the validity of this compact as to the remaining participating states.

history: (History: Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. The Wildlife Violator Compact (as set out in Chapter 1.5, Sections 716 to 717.2) becomes effective as provided in this section.)

article: 8. Entry Into Compact and Withdrawal

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 1.5. Wildlife Violator Compact > 8. Entry Into Compact and Withdrawal


citation: FGC § 717

text:
(a) This compact may be amended periodically. Amendments shall be presented in resolution form to the chairperson of the board, and shall be initiated by one or more participating states.

(b) The adoption of an amendment requires endorsement by all participating states and becomes effective 30 days after the date of the last endorsement.

(c) The failure of any participating state to respond to the appropriate authority within 60 days after receipt of a proposed amendment constitutes endorsement thereof.

article: 9. Amendments to the Compact

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 1.5. Wildlife Violator Compact > 9. Amendments to the Compact


text: This compact shall be liberally construed to effectuate its purposes.

article: 10. Construction and Severability

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 1.5. Wildlife Violator Compact > 10. Construction and Severability


text: The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid or contrary to the constitution of any participating state or of the United States, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

article: 10. Construction and Severability


citation: FGC § 850

text: The director shall, from time to time, employ or appoint, with or without pay, such deputies, clerks, assistants, and other employees as the department may need to discharge in proper manner the duties imposed upon it by law.

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

article: 1. State

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 2. Deputies, and Other Employees; County Wardens > 1. State


citation: FGC § 851

text: A deputy appointed to enforce the provisions of this code is a peace officer. The deputy has all the powers and authority conferred by law upon peace officers listed in Section 830.6 of the Penal Code to make arrests for violations of this code, and may serve all processes and notices throughout the state.

history: (History: Amended by Stats. 1986, Ch. 817, Sec. 1.)

chapter: 2. Deputies, and Other Employees; County Wardens

article: 1. State


citation: FGC § 853

text:
(a) The director may deputize any employee of the department to check persons for licenses required under Section 7145 and to enforce any violation of that section.

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

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

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 25. (AB 1527) Effective January 1, 2016.)

article: 1. State


citation: FGC § 854

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

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 26. (AB 1527) Effective January 1, 2016.)

article: 1. State


citation: FGC § 855

text:
Regularly employed law enforcement officers of the department may, when authorized by the director, expend such sums as authorized for the purchase of fish, birds, or mammals as evidence, or for expenditures related to the procurement of such evidence, or for expenditures made to investigate other violations of this code without divulging the identity of the employee.

The sums so expended shall be repaid to the law enforcement officer making the expenditure upon claims approved by the director. The claims, when approved, shall be paid out of the funds appropriated or made available by law for the support of the department.

article: 1. State


citation: FGC § 856

text:
(a) All employees of the department designated by the director as deputized law enforcement officers are peace officers as provided by Section 830.2 of the Penal Code. The authority of that peace officer extends to any place in the state as to a public offense committed or which offense there is probable cause to believe has been committed within the state.

(b) Every peace officer described in this section, before the date that he or she is first deputized by the department, shall have satisfactorily completed the basic course as set forth in the regulations of the Commission on Peace Officer Standards and Training.

(c) Every peace officer described in this section shall be required to complete regular training courses as required by the Commission on Peace Officer Standards and Training.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 10. Effective January 1, 2008.)

article: 1. State


text:
(a) The department may install patrol vehicle mounted video and audio systems, commonly known as dashboard cameras, in patrol vehicles used by peace officers described in Section 856. A peace officer described in Section 856 may use the patrol vehicle mounted video and audio system to record any communications or other actions involving the officer while the officer is in uniform and acting within the scope of his or her authority.

(b) The department shall adopt a policy to establish standards regarding the activation of patrol vehicle mounted video and audio systems and the preservation and retention of recordings from patrol vehicle mounted video and audio systems, subject to the following requirements:

(1) Once a patrol vehicle mounted video and audio system has been activated pursuant to standards established by the department pursuant to subdivision (b), the patrol vehicle mounted video and audio system shall record the duration of an encounter.

(2) The department shall retain a recording from a patrol vehicle mounted video and audio system for a minimum of 90 days and a maximum of one year, except if the recording is necessary for a pending, or reasonably foreseeable civil or criminal action, or for training or administrative purposes.

(3) The department shall provide access to a recording from a patrol vehicle mounted video and audio system in accordance with all other provisions of law.

history: (History: Added by Stats. 2014, Ch. 629, Sec. 1. (SB 1454) Effective January 1, 2015.)

article: 1. State


citation: FGC § 857

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

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

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

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

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

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

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 27. (AB 1527) Effective January 1, 2016.)

article: 1. State


citation: FGC § 858

text:
(a) The department, in cooperation with landowners and landowner organizations, shall, on or before January 1, 1995, develop a statewide policy and procedure for recording and processing landowner complaints regarding alleged misconduct by personnel of the department and a written protocol that ensures compliance with Section 857.

(b) The department shall, on or before January 1, 1995, designate official fish and game warden emblems and their placement. The department shall prohibit personnel of the department who are not peace officers from wearing any patch, badge, bar, or other indicia of peace officer status. The selection and configuration of official fish and game warden emblems shall be established by the department in cooperation with California game wardens to ensure that the public is readily able to distinguish game wardens from personnel who are not peace officers.

history: (History: Added by Stats. 1993, Ch. 1288, Sec. 2. Effective January 1, 1994.)

article: 1. State


citation: FGC § 859

text: Notwithstanding Section 11005 of the Government Code, the department may seek and accept grants and donations from private and public organizations and agencies for the purpose of administering the Canine (K9) Program. The acceptance of one-time donations valued over fifteen thousand dollars ($15,000) shall require approval of the Department of Finance.

history: (History: Added by Stats. 2009, Ch. 294, Sec. 3. (AB 1442) Effective January 1, 2010.)

article: 1. State


citation: FGC § 860

text: The department may offer for sale a fish and game warden stamp to be designed and produced as the department may determine. The fish and game warden stamp may be purchased on a voluntary basis from the department or a licensed agent authorized pursuant to Section 1055.1 for a donation of not less than five dollars ($5). The department may also design an electronic version of the fish and game warden stamp to be offered through the Automated License Data System. There shall be no indication on any license or permit of the purchase of a warden stamp. All revenues from sales under this section shall be deposited in the Fish and Game Warden Stamp Account which is hereby created in the Fish and Game Preservation Fund to permit separate accountability for the receipt and expenditure of these funds. Funds deposited in the Fish and Game Warden Stamp Account shall used, upon appropriation, to support the department’s fish and game wardens.

history: (History: Added by Stats. 2009, Ch. 294, Sec. 4. (AB 1442) Effective January 1, 2010.)

article: 1. State


citation: FGC § 875

text: The board of supervisors of each county may, in its discretion, appoint a suitable person to serve for a period of two years from the date of his appointment as fish and game warden of the county.

article: 2. County Fish and Game Wardens

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 2. Deputies, and Other Employees; County Wardens > 2. County Fish and Game Wardens


citation: FGC § 876

text: The board of supervisors shall fix the salary to be paid and the expenses to be allowed the county fish and game warden, which salary and expenses shall be paid from the county treasury.

article: 2. County Fish and Game Wardens


citation: FGC § 877

text: The board may by a majority vote of its members remove the warden at any time.

article: 2. County Fish and Game Wardens


citation: FGC § 878

text: The county fish and game warden shall enforce the state laws relating to the protection of fish and game. The warden has the powers and authority conferred by law upon peace officers listed in Section 830.6 of the Penal Code.

history: (History: Amended by Stats. 1986, Ch. 817, Sec. 3.)

article: 2. County Fish and Game Wardens


citation: FGC § 879

text: The county fish and game warden shall report quarterly to the board of supervisors, giving a detailed statement of all arrests made, convictions had and fines collected, and a general statement in regard to the management of his office. A copy of such detailed statement shall, at the same time, be filed with the department.

article: 2. County Fish and Game Wardens


citation: FGC § 880

text: The board of supervisors of each county may, in its discretion, appoint a deputy fish and game warden, to serve at the pleasure of the board.

article: 2. County Fish and Game Wardens


citation: FGC § 881

text: The deputy shall have such powers, perform such duties, and receive such salary and be entitled to such expenses as the board may provide.

article: 2. County Fish and Game Wardens


citation: FGC § 882

text: The salary and expenses of a deputy county fish and game warden shall be paid from the county treasury.

article: 2. County Fish and Game Wardens


citation: FGC § 1000

text: The department shall expend funds necessary for biological research and field investigation and for the collection and diffusion of statistics and information that pertain to the conservation, propagation, protection, and perpetuation of birds and their nests and eggs, and of mammals, reptiles, amphibians, and fish.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 28. (AB 1527) Effective January 1, 2016.)

chapter: 3. Other Powers and Duties

article: 1. Generally

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 3. Other Powers and Duties > 1. Generally


text:
(a) The Legislature finds and declares all of the following:

(1) The commercial fishing industry of the North Coast has been greatly affected by decisions made by federal and state agencies concerning the health of the salmon resource and the consequent shortening or closing of the season, further impacting the already economically depressed region.

(2) Sportfishing on the North Coast, a staple of the tourism industry of the region, could be substantially affected by the limitations of the salmon seasons.

(3) The method of determining salmon escapement counts on only the Klamath River is inadequate for determining the overall health of the salmon resource in northern California waters and consequent decisions regarding the commercial, sport, and Indian salmon fisheries in those waters because it does not take into consideration the escapement figures on the Eel River and the Smith River.

(b) The department shall use present assessment methods to assess the salmon escapement count on the Eel River and the Smith River, as well as the Klamath River, systems, employing out-of-work fishermen, where possible, to do the counts with department personnel in supervisory capacities. Those figures shall be used by the commission and the department in all reports, recommendations, and decisions concerning the establishment of the commercial and sportfishing seasons in the state waters and in all recommendations to the Pacific Fishery Management Council or other regulatory agencies. This program shall be a priority for funding under the Fisheries Restoration Act of 1985 (Chapter 8 (commencing with Section 2760) added to Division 3 of the Fish and Game Code by Senate Bill No. 400 of the 1985–86 Regular Session).

(c) The department shall install sonar fish counting devices on the Klamath River system as a three-year test program to determine the accuracy of the devices, and shall make recommendations to the Legislature by January 1, 1990, as to their accuracy and whether they should be installed on other river systems. Present assessment methods shall continue on the Klamath River system during the test period as a control mechanism.

history: (History: Added by Stats. 1985, Ch. 1231, Sec. 2.)

article: 1. Generally


citation: FGC § 1001

text: Nothing in this code or any other law shall prohibit the department from taking, for scientific, propagation, public health or safety, prevention or relief of suffering, or law enforcement purposes, fish, amphibians, reptiles, mammals, birds, and the nests and eggs thereof, or any other form of plant or animal life.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 11. Effective January 1, 2008.)

article: 1. Generally


citation: FGC § 1002

text:
(a) The department may issue permits, subject to restrictions and regulations that the department determines are desirable, to take or possess, in any part of the state, for scientific, educational, or propagation purposes, mammals, birds and the nests and eggs thereof, fish, amphibians, reptiles, or any other form of plant or animal life.

(b) The department may issue a permit that is valid for 36 months from the date of issuance on the payment of a nonrefundable application fee of one hundred dollars ($100) and a permit fee of three hundred dollars ($300), as adjusted under Section 713.

(c) Notwithstanding subdivision (b), the department may issue a permit without fee that is valid for 12 months from the date of issuance to authorize only the banding of birds and the exhibition of live or dead wildlife specimens by public zoological gardens, scientific, or educational institutions.

(d) (1) The department may issue a special student permit that is valid for 12 months from the date of issuance on the payment of a nonrefundable application fee of twenty-five dollars ($25) and a permit fee of fifty dollars ($50), as adjusted under Section 713, to any student in a school of collegiate level or a commercial fishing class who is required by an instructor to collect specimens used in laboratory work in the school under supervision and in connection with a course in wildlife research or in the conduct of wildlife investigations and studies on behalf of the public.

(2) All fish taken under permit for a commercial fishing class student shall be taken in accordance with state law, except that Sections 7850, 7880, and 7881 do not apply. All fish taken under a permit for a commercial fishing class student may be sold only to a person licensed to receive fish from commercial fishermen as provided in Section 8032 or 8033 or donated to a charitable institution. All funds received from the sale of the fish shall be used solely for the support of commercial fishing classes.

(e) It is not necessary for the holder of the permit to have a sport fishing or hunting license to collect any fish, amphibian, reptile, aquatic animal or plant, bird, or mammal for scientific, educational, or propagation purposes in this state.

(f) Nothing in this section authorizes any act which violates Section 597 of the Penal Code.

(g) A permit under this section does not authorize the taking of fish or mammals from the ocean waters of this state which are within the boundaries of any city if the city has filed with the department an objection to the taking.

(h) The adjustment of the nonrefundable application fee and permit fees pursuant to Section 713 that are specified in subdivisions (b) and (d) shall be applicable to permits issued on or after January 1, 2013.

(i) The department, by regulation, may adjust the amount of the fees specified in subdivisions (b) and (d) as necessary to fully recover, but not exceed, all reasonable administrative and implementation costs of the department relating to those permits.

(j) No permit under this section is required for species listed as threatened or endangered pursuant to the California Endangered Species Act, when an entity holds a valid permit or memorandum of understanding for the subject species and the proposed activities, issued pursuant to Section 2081.

(k) No permit under this section is required for fully protected species listed in Section 3511, 4700, 5050, or 5515 if the entity holds a valid memorandum of understanding issued by the department for the subject species and proposed activities, in accordance with the respective section.

(l) A permit or amendment issued pursuant to Section 1002 is not transferable between individuals or entities.

(m) If a permitholder fails to submit information or reports required in a permit, the department shall revoke an existing permit, and may decline to issue a permit to that person or entity in subsequent years.

history: (History: Amended by Stats. 2012, Ch. 559, Sec. 13. (AB 2402) Effective January 1, 2013.)

article: 1. Generally


text:
(a) The department may issue a permit pursuant to Section 1002 to an appropriate public, private, or nonprofit entity, or a person, as determined by the department, in the name of a principal scientific investigator or the permitted entity or person.

(b) The department may approve individual temporary employees or volunteers to work under the permit, after receiving notification from the permittee. The permittee shall have adequate supervision over any temporary employees or volunteers approved to work under the permit.

(c) A permittee that allows a temporary employee or volunteer to work under a permit without approval from the department in accordance with this section is subject to Section 12000.

(d) The department shall charge a fee pursuant to subdivision (b) of Section 1002 for the issuance of a permit authorized by this section. If the department determines that the costs to issue a permit authorized by this section are greater than the costs to issue a permit pursuant to Section 1002, the department may charge a permit fee in an amount that is greater than the amount imposed by subdivision (b) of Section 1002 to recover those additional costs.

(e) The department may amend a permit issued under this section, including, but not limited to, the addition or removal of individual temporary employees or volunteers working under the permit, on the payment of a nonrefundable application fee of one hundred dollars ($100), as adjusted under Section 713 or regulations adopted by the department.

history: (History: Amended by Stats. 2012, Ch. 559, Sec. 14. (AB 2402) Effective January 1, 2013.)

article: 1. Generally


citation: FGC § 1003

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

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 29. (AB 1527) Effective January 1, 2016.)

article: 1. Generally


citation: FGC § 1004

text: The department may capture and sell birds and mammals, at prices to be fixed by the commission, to persons engaged in the domestication and sale thereof in this State.

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

article: 1. Generally


citation: FGC § 1005

text:
For the purpose of exhibiting fish and game educational material at fairs or sportsmen’s shows and making other public displays, and to make conservation educational materials on fish and game available for any public use, including fairs, sportsmen’s shows, schools, and civic organizations, the department may:

(a) Accept on behalf of the State donations of money and services from any person to defray such expenses as may be incurred by the department in connection therewith.

(b) Charge admissions or make a charge for the use of any departmental material or exhibits to be used in a fair, sportsmen’s show, or by a civic organization.

article: 1. Generally


text: Notwithstanding Section 11005 of the Government Code, the department may accept gifts of personal property if the donor is a county of the state and the gift is purchased with fine money derived from fish and game violations. The department shall notify the Department of Finance 30 days in advance of accepting these gifts.

history: (History: Added by Stats. 1987, Ch. 296, Sec. 1.)

article: 1. Generally


citation: FGC § 1006

text:
The department may inspect the following:

(a) All boats, markets, stores and other buildings, except dwellings, and all receptacles, except the clothing actually worn by a person at the time of inspection, where birds, mammals, fish, reptiles, or amphibia may be stored, placed, or held for sale or storage.

(b) All boxes and packages containing birds, mammals, fish, reptiles, or amphibia which are held for transportation by any common carrier.

history: (History: Amended by Stats. 1972, Ch. 974.)

article: 1. Generally


citation: FGC § 1007

text: The department may import, propagate, and distribute birds, mammals, or fish.

article: 1. Generally


citation: FGC § 1008

text: The department shall investigate all diseases of, and problems relating to, birds, mammals, or fish, and establish and maintain laboratories to assist in such investigation.

article: 1. Generally


citation: FGC § 1009

text:
The department may obtain for the State rights of way over private lands for the purpose of furnishing access for the public to lands or waters open to public hunting or fishing whenever such rights of way are determined by the commission to be necessary for such public use. Such rights of way shall not be acquired by eminent domain proceedings.

The department may construct or cause to be constructed such fences, signs, and other structures as are necessary for the protection of any such right of way, and the cost of the construction shall be met out of the funds available to the department.

article: 1. Generally


citation: FGC § 1010

text: The department, by and with the approval of the Department of General Services, may sell grazing permits or otherwise dispose of excess vegetation or other products, produced on lands acquired by the department.

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

article: 1. Generally


citation: FGC § 1011

text:
(a) The department may procure insurance for any of the following purposes:

(1) For itself and landowners who agree to permit the department to use their land as cooperative hunting, fishing, conservation or recreational areas, against any liability resulting from the operation of those hunting, fishing, conservation or recreational areas.

(2) For its employees or other persons authorized by the department to conduct hunter education training courses against any public liability or property damage resulting from that training.

(b) The cost of insurance procured pursuant to subdivision (a) shall be a proper charge against and shall be paid out of the Fish and Game Preservation Fund.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 12. Effective January 1, 2008.)

article: 1. Generally


citation: FGC § 1012

text: The department may procure insurance for its employees for injury or death against the liability of the owner or operator of any vessel boarded by an employee as an observer.

history: (History: Added by Stats. 1980, Ch. 886, Sec. 1. Effective September 14, 1980.)

article: 1. Generally


citation: FGC § 1013

text: In any lease, easement, or right-of-way entered into whereby the department leases real property or obtains a grant of easement or right-of-way in real property for the purpose of constructing, operating, or maintaining a fish screen, fish ladder, fishweir, or fishtrap, the department may agree to indemnify and hold harmless the lessor or grantor by reason of the uses authorized by such lease, easement, or right-of-way. Insurance may be purchased by the Department of General Services to protect the department against loss or expense arising out of such a lease, easement, or right-of-way.

article: 1. Generally


citation: FGC § 1014

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

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 30. (AB 1527) Effective January 1, 2016.)

article: 1. Generally


citation: FGC § 1015

text: Whenever the department is required, or provided an opportunity, to assess the adequacy of a project or to provide a detailed environmental impact statement or similar document pursuant to Public Law 91-190 or Section 21100, 21101, or 21102 of the Public Resources Code, or any other provision of law, it shall determine the extent to which salmon and steelhead resources will be protected from damage by the project in question, together with the extent to which the agency or person preparing the plans for such project has incorporated therein plans for increasing the salmon or steelhead resources of this state. To the fullest practicable extent, the department shall advise the commission at one of its regular scheduled meetings of the state’s comments on the project. In no event shall more than one regular commission meeting transpire between the time the department renders comments to the requesting person or agency and the time it reports its findings to the commission.

history: (History: Added by Stats. 1971, Ch. 933.)

article: 1. Generally


citation: FGC § 1016

text:
(a) Whenever the department determines that an oil sump, as defined by Section 3780 of the Public Resources Code, is hazardous to wildlife, but does not constitute an immediate and grave danger to wildlife, the department shall forthwith notify the State Oil and Gas Supervisor of such condition in order that he may take action pursuant to Section 3783 of the Public Resources Code to have such condition cleaned up or abated. The department in making such notification shall specify the hazardous conditions.

(b) Whenever the department determines that an oil sump, as defined by Section 3780 of the Public Resources Code, constitutes an immediate and grave danger to wildlife, the department shall forthwith notify the State Oil and Gas Supervisor of such condition in order that he may take action pursuant to Section 3784 of the Public Resources Code to have such condition cleaned up or abated. The department, in making such notification, shall specify the immediate and grave danger.

(c) The commission shall promulgate such rules and regulations as are necessary to implement the provisions of this section, including a reasonable definition of the term “hazardous” for the purposes of this section. It is the intent of the Legislature that the department adopt, as a part of such rules and regulations, a definition of the term “wildlife,” as herein employed, which will provide for reasonable exclusions consistent with effectuating the wildlife protection purposes of this section.

(d) No provision of this section shall be construed as a limitation on the authority or responsibilities of the department with respect to the enforcement or administration of any provision of state law which it is authorized or required to enforce or administer.

history: (History: Amended by Stats. 1979, Ch. 1076.)

article: 1. Generally


citation: FGC § 1017

text:
(a) It is the policy of the state to anticipate and resolve potential conflicts between the management, conservation, and protection of fish and wildlife resources and their habitat and private and public activities that may affect them.

(b) Accordingly, the department may use such informal consultative procedures prior to taking any formal action as will assist in the achievement of this policy.

(c) Any costs incurred by the department in engaging in informal consultative procedures, including, but not limited to, fees charged by any neutral party acting in the capacity of a mediator, discussion facilitator, or convener, are a proper charge against any funds lawfully available to the department for this purpose.

(d) The authority conferred by this section is not intended, and shall not be construed, to increase, decrease, duplicate, or supersede any other authority of the department or the commission under this code or any other provision of law.

(e) As used in this section, “formal action” means the adoption, amendment, or repeal of any rule, regulation, or order; entering into, amending, or canceling an agreement; and the issuance, suspension, or revocation of any permit, license, or other entitlement.

history: (History: Added by Stats. 1984, Ch. 611, Sec. 1.)

article: 1. Generally


citation: FGC § 1018

text:
The director shall use the department’s resources, to the fullest extent feasible, to coordinate with the federal government to promote the preservation of species, including species listed as endangered species or threatened species under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act, Chapter 1.5 (commencing with Section 2050) of Division 3, and their habitats within the locale of Isabella Dam and Reservoir in Kern County in order to facilitate the continued operation of those facilities for flood control and water conservation storage as authorized by Congress and as provided in an agreement, dated October 23, 1964, among the United States and various local public agencies.

Nothing in this section is intended to amend, modify, or alter in any manner the intent of the California Endangered Species Act.

history: (History: Added by Stats. 1997, Ch. 525, Sec. 1. Effective January 1, 1998.)

article: 1. Generally


citation: FGC § 1019

text:
(a) Subject to an appropriation of funds by the Legislature for that purpose, for parcels wholly within its jurisdiction acquired on or after January 1, 2002, the department shall prepare draft management plans for public review within 18 months of the recordation date.

(b) (1) On or before February 1 of each year, the department shall submit a list of lands acquired during the previous two fiscal years and the status of the management plans for each acquisition to the fiscal committees of each house of the Legislature.

(2) Each fiscal committee in the Legislature shall consider the lists described in paragraph (1) in its budget decisions for the department.

history: (History: Amended by Stats. 2003, Ch. 62, Sec. 94. Effective January 1, 2004.)

article: 1. Generally


citation: FGC § 1020

text:
(a) The department and the commission shall develop a strategic plan to implement proposals arising from any of the following:

(1) The strategic vision developed and submitted to the Governor and the Legislature pursuant to Section 12805.3 of the Government Code.

(2) Any legislation enacted relating to the strategic vision process.

(3) The department’s own proposals for reform.

(b) (1) The department and the commission may contract for consultants to assist in the preparation of the strategic plan pursuant to subdivision (a).

(2) Contracts entered into pursuant to paragraph (1) shall terminate no later than December 31, 2015.

(3) Contracts entered into pursuant to paragraph (1) shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

history: (History: Added by Stats. 2012, Ch. 559, Sec. 15. (AB 2402) Effective January 1, 2013.)

article: 1. Generally


citation: FGC § 1021

text:
(a) The department may take feasible actions to conserve monarch butterflies and the unique habitats they depend upon for successful migration. These actions may include, but are not limited to, habitat restoration on department lands, education programs, and voluntary agreements with private landowners.

(b) The department may partner with federal agencies, nonprofit organizations, academic programs, private landowners, and other entities that undertake actions to conserve monarch butterflies and aid their successful migration, including the Monarch Joint Venture.

(c) When undertaking actions to conserve monarch butterflies and their habitats pursuant to this section, the department shall use the best available science and consider, as appropriate and feasible, all of the following:

(1) Restoring or revegetating monarch caterpillar habitat using regionally or locally appropriate native milkweed species.

(2) Restoring or revegetating adult monarch butterfly habitat using regionally or locally appropriate native nectar plant species.

(3) Controlling nonnative weed species that threaten native milkweed species, and controlling pests and disease, using current best management practices consistent with integrated pest management principles that pose low risk to monarch butterflies and their habitat.

(4) Incorporating diverse tree species, structures, and arrangements when restoring or establishing winter habitat sites to match monarch butterfly preferences for temperature, light, moisture, wind, and other microclimate characteristics.

(5) Increasing the number of partnerships and making the most of partnerships to use residential and institutional landscaped areas, agricultural noncropped lands, transportation corridors, and conservation easements to create, restore, or enhance monarch butterfly habitat.

(d) The fact that a project applicant or landowner does not enter into a voluntary agreement to protect monarch butterflies shall not be grounds for denying a permit or agreement or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable laws, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

history: (History: Added by Stats. 2015, Ch. 478, Sec. 2. (AB 559) Effective January 1, 2016.)

article: 1. Generally


citation: FGC § 1022

text:
(a) The commission may authorize, for research, educational, limited testing, data collection, compensation fishing, conservation engineering, or exploratory fishing, or any combination of these purposes, an EFP to be issued by the department that authorizes commercial or recreational marine fishing activity otherwise prohibited by this code or any regulation adopted pursuant to this code, subject, at a minimum, to all of the following:

(1) Activities conducted under the EFP shall be consistent with policies set forth in Section 7050 and any applicable fishery management plan.

(2) An EFP is subject to those conditions the commission deems necessary to ensure the protection of marine resources, and shall be revoked if the continued use would have an adverse impact on any resource or allocation of a resource, or other adverse impact to established fisheries or other marine living resources.

(3) (A) Except as provided in subparagraph (B), activities conducted under the EFP shall not involve engaging in bottom trawling in ocean waters of the state.

(B) Activities conducted under the EFP may involve engaging in bottom trawling if the EFP is issued to a person who holds a permit issued pursuant to Section 8494 or 8842 and the activities conducted under the EFP are limited to locations where bottom trawling is authorized under the applicable permit.

(4) An EFP exempts a permittee only from the provisions of this code and regulations adopted pursuant to this code specified in the EFP. All other applicable laws and regulations shall remain in effect.

(5) Permits shall be issued pursuant to the process established in subdivision (b).

(b) The commission shall establish by regulation an expeditious process for department review, public notice and comment, commission approval, and prompt department issuance of EFPs, that is consistent with Section 7059.

(c) Upon completion of the activities authorized in an EFP, or periodically under terms specified by the commission, a person fishing under an EFP shall submit to the commission and the department a final report summarizing the EFP research and findings, and any scientific reports or other publications created as a result of the activity.

(d) Unless otherwise specified by the commission, an EFP issued pursuant to this section is valid for a period of one year. However, the department shall not issue an EFP for the same purposes for more than four consecutive years.

(e) The department shall post, and annually update, information regarding approved EFP activities, including information on the fishery and region affected, the experimental intent, and other relevant information on its Internet Web site.

(f) On or before January 1, 2025, and every five years thereafter, the department shall complete and provide to the appropriate legislative committees a report summarizing the approved EFPs and benefits of the EFP program to the sustainability of California fisheries, efficiency of fishing effort, and reduction of bycatch in California fisheries.

(g) The commission may charge a permit fee as necessary to fully recover, but not exceed, all reasonable implementation and administrative costs of the department and the commission relating to the EFP.

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

(1) “Compensation fishing” means fishing conducted for the purpose of recovering costs associated with resource surveys and scientific studies that support the management of a fishery, or fishing that serves as an incentive for participation in those studies. Compensation fishing may include fishing before, during, or following those surveys or studies.

(2) “Conservation engineering” means the study of fish behavior and the development and testing of new gear technology and fishing techniques that promote efficient and sustainable harvest of target species or reduce collateral effects, such as bycatch and adverse effects on habitat, or both.

(3) “EFP” means an experimental fishing permit.

(4) “Exploratory fishing” means fishing to collect data or conduct other research, typically to provide information that could inform the potential opening of a new fishery or an area currently closed to fishing.

history: (History: Added by Stats. 2018, Ch. 477, Sec. 4. (AB 1573) Effective January 1, 2019.)

article: 1. Generally


citation: FGC § 1023

text:
(a) Upon appropriation by the Legislature, the department may develop a pilot program to collect and compile information and data on wildlife-vehicle collisions to support wildlife conservation efforts conducted through regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850), the Advance Mitigation Program (Article 2.5 (commencing with Section 800) of Chapter 4 of Division 1 of the Streets and Highways Code), or any policy or project implemented to reduce the loss of wildlife from vehicle collisions. The pilot program shall be at a maximum of three geographically dispersed sites identified by the department to be areas of high wildlife-vehicle collisions.

(b) In developing the pilot program, the department may coordinate with other state agencies that remove dead wildlife from roadways to determine the scope of data collected on wildlife-vehicle collisions.

(c) At the conclusion of the pilot program, the department shall report to the commission on the number of wildlife-vehicle collisions identified during the study period, barriers to additional data collection, and the feasibility of creating a statewide wildlife-vehicle collision reporting system. The report shall include an estimate of the costs of implementing the statewide wildlife-vehicle collision reporting system.

history: (History: Added by Stats. 2019, Ch. 869, Sec. 3. (SB 395) Effective January 1, 2020.)

article: 1. Generally


citation: FGC § 1024

text:
(a) The department shall conduct a study to create a framework for cannabis site restoration projects with the goal of providing guidance for the cleanup, remediation, and restoration of environmental damage caused by cannabis cultivation, and shall complete the study by January 1, 2027.

(b) As part of the study, the department shall do both of the following:

(1) Develop recommendations for technologies to address reconnaissance challenges in finding illicit cannabis cultivation on public lands, such as remote sensing technologies and comprehensive statewide mapping capabilities.

(2) Outline steps to create a comprehensive dataset that includes any mapping of illicit cannabis cultivation produced by local, state, or federal agencies, and identify any barriers to developing the comprehensive dataset.

(c) The department may enter into an agreement with a nongovernmental organization or educational institution for that entity to conduct the study required by this section.

(d) After the study is completed, the department shall make the results of the study publicly available on its internet website.

history: (History: Added by Stats. 2024, Ch. 839, Sec. 1. (AB 2643) Effective January 1, 2025.)

article: 1. Generally


citation: FGC § 1025

text:
(a) (1) (A) The department shall submit a report to the Legislature on or before January 1, 2027, and each year thereafter, on illicit cannabis cultivation, including reconnaissance, eradication, reclamation, and restoration operations involving the department, and on the status of efforts to repair habitat degradation and other environmental damage in watersheds affected by cannabis cultivation on both public and private lands.

(B) As part of the report prepared pursuant to this subdivision, the department shall include all of the following:

(i) An assessment of the number of trespassing cannabis cultivation sites or complexes in order to identify illicit cultivation trends.

(ii) A summary of length of irrigation line and weight of nonhazardous waste, trash, and equipment removed, and number and type of stream structures removed within stream channel by grow site.

(iii) An assessment of opportunities to implement restoration measures to achieve effective watershed-scale restoration of watersheds affected by cannabis cultivation, and opportunities to supplement cannabis-related reclamation and restoration activities with restoration measures to achieve effective watershed-scale restoration, in a manner consistent with state and federal plans for the recovery of native species.

(iv) A list of restoration projects funded annually by the Cannabis Restoration Grant Program to achieve effective watershed-scale restoration of watersheds affected by cannabis cultivation.

(C) The metrics included in the report shall include, but are not limited to, how many reconnaissance, eradication, reclamation, and restoration operations occur on public lands and private lands and in total.

(2) The last report required to be submitted to the Legislature pursuant to paragraph (1) shall be the report due on or before January 1, 2036. The department shall make a report completed pursuant to this section available to interested parties upon request.

(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2040.

history: (History: Added by Stats. 2024, Ch. 839, Sec. 2. (AB 2643) Effective January 1, 2025. Repealed as of January 1, 2040, by its own provisions.)

article: 1. Generally


citation: FGC § 1050

text:
(a) All licenses, permits, tags, reservations, and other entitlements authorized by this code shall be prepared and issued by the department.

(b) The commission shall determine the form of all licenses, permits, tags, reservations, and other entitlements and the method of carrying and displaying all licenses, and may require and prescribe the form of applications therefor and the form of any contrivance to be used in connection therewith, except for those programs where the department has fee-setting authority, in which case the department shall retain that authority.

(c) Whenever this code provides for a permit, license, tag, reservation, application, or other entitlement, the commission, in accordance with the provision, shall prescribe the terms and conditions under which the permit, license, tag, reservation, application, or other entitlement shall be issued, except for those programs where the department has fee-setting authority, in which case the department shall retain that authority. The department shall issue the permit, license, tag, reservation, application, or other entitlement in accordance therewith and with the applicable provisions of law.

(d) Except for fees set by the department pursuant to subdivision (e), whenever this code does not specify whether a fee is to be collected, or does not specify the amount of a fee to be collected, or does not expressly prohibit the adjustment of statutorily imposed fees by the commission by reference to this section for the issuance of any license, tag, permit, application, reservation, or other entitlement, the commission may establish a fee or the amount thereof by regulation. The commission may also provide for the change in the amount of the fee in accordance with Section 713. Fees established by the commission shall be in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to the program with regard to which the fee is paid. The commission may establish a fee structure that provides for the phasing in of new fees leading up to full cost recovery for the department and commission, provided that full cost recovery is achieved within five years of the establishment of the fee.

(e) The department may establish fees and may adjust statutorily imposed fees by regulation for the filings, permits, determinations, or other department actions described in Section 711.4, 1002, or 1609. The department also may provide for the change in the amount of the fee in accordance with Section 713. Fees established by the department shall be in an amount sufficient to recover all reasonable administrative and implementation costs of the department relating to the program with regard to which the fee is paid. The department may establish a fee structure that provides for the phasing in of new fees leading up to full cost recovery for the department, provided that full cost recovery is achieved within five years of the establishment of the fee.

(f) Whenever this code provides for a license, tag, permit, reservation, or other entitlement, the commission or department, as applicable, may establish a nonrefundable application fee, not to exceed seven dollars and fifty cents ($7.50) sufficient to pay the department’s costs for issuing the license, tag, permit, reservation, or other entitlement and may adjust the application fee in accordance with Section 713.

history: (History: Amended by Stats. 2012, Ch. 565, Sec. 5. (SB 1148) Effective January 1, 2013.)

article: 2. General License Provisions

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


text: Any license, permit, tag, stamp, or other entitlement authorized pursuant to this code is not valid until it is filled out completely and accurately and the fee authorized or identified in statute or regulation for that entitlement is received and paid to the department or its agent. It is the responsibility of the user to ensure that the license, permit, tag, stamp, or other entitlement is filled out completely and accurately.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 13. Effective January 1, 2008.)

article: 2. General License Provisions


text: Notwithstanding any other provision of this code, the department may issue a temporary document that allows the holder of a license, permit, license tag, license stamp, application, reservation, or other entitlement purchased through the Internet to enjoy the privileges of the entitlement for a period not to exceed 30 calendar days from the date of purchase.

history: (History: Added by Stats. 2008, Ch. 98, Sec. 1. Effective January 1, 2009.)

article: 2. General License Provisions