kind: section

code: FGC

citation: FGC § 1

text: This code shall be known as the Fish and Game Code.

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

division: 0.5. GENERAL PROVISIONS AND DEFINITIONS

chapter: 1. General Definitions

path: 0.5. GENERAL PROVISIONS AND DEFINITIONS > 1. General Definitions


citation: FGC § 2

text: Unless the provisions or the context otherwise requires, the definitions in this chapter govern the construction of this code and all regulations adopted under this code.

history: (History: Amended by Stats. 1998, Ch. 1052, Sec. 3. Effective January 1, 1999.)


citation: FGC § 3

text: The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments. This code shall not impair any privilege granted or right acquired under any of the laws of this State prior to the date it takes effect.


citation: FGC § 4

text: Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.


citation: FGC § 5

text: Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and additions heretofore or hereafter made.


citation: FGC § 6

text: Whenever a power is granted to, or duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise.


citation: FGC § 7

text: Whenever a statement or report is required to be made, it shall be made in the English language. Nothing in this section shall prohibit the department from providing an unofficial translation of a statement or report in a language other than English.

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


citation: FGC § 8

text: The present tense includes the past and future tenses, and the future, the present.


citation: FGC § 9

text: The masculine gender includes the feminine and the neuter.


citation: FGC § 9.2

text: “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

history: (History: Added by Stats. 2016, Ch. 50, Sec. 41. (SB 1005) Effective January 1, 2017.)


citation: FGC § 10

text: The singular number includes the plural, and the plural, the singular.


citation: FGC § 11

text: Whenever in this code the doing of an act between certain dates or from one date to another is allowed or prohibited, the period of time thereby indicated includes both dates specified. The first date specified designates the first day of the period, and the second day specified designates the last day of the period. No period of time specified in this code exceeds one year unless otherwise expressly provided.


citation: FGC § 12

text: Wherever the term “Fish Commission Fund” or “Game Preservation Fund” appears in any law, it means “Fish and Game Preservation Fund.”


citation: FGC § 13

text: Unless otherwise specified by statute, any notice or other written communication required to be sent to any person by this code or regulations adopted pursuant thereto, is sufficient notice if sent by first-class mail to the last address furnished to the department by that person.

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


citation: FGC § 13.5

text: “Adaptive management,” unless otherwise specified in this code, means management that improves the management of biological resources over time by using new information gathered through monitoring, evaluation, and other credible sources as they become available, and adjusts management strategies and practices to assist in meeting conservation and management goals. Under adaptive management, program actions are viewed as tools for learning to inform future actions.

history: (History: Added by Stats. 2012, Ch. 559, Sec. 3. (AB 2402) Effective January 1, 2013.)


citation: FGC § 14

text: “Anadromous fish” means fish which spawn in fresh water and spend a portion of their lives in the ocean.

history: (History: Added by Stats. 1982, Ch. 1486, Sec. 1.5.)


citation: FGC § 15

text: “Angling” means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth.

history: (History: Amended by Stats. 1989, Ch. 318, Sec. 1.)


citation: FGC § 16

text: “Affix” means physically attached to or imprinting an electronic validation to a license document.

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


citation: FGC § 17

text: “Aquaculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. “Aquaculture” does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes, however, these species continue to be regulated under Chapter 2 (commencing with Section 2116) of Division 3.

history: (History: Amended by Stats. 1983, Ch. 131, Sec. 1. Effective June 27, 1983.)


citation: FGC § 18

text: “Bag limit” means the maximum limit, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may lawfully be taken by any one person during a specified period of time.

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


citation: FGC § 19

text: “Possession limit” means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person.

history: (History: Added by Stats. 2007, Ch. 285, Sec. 2. Effective January 1, 2008.)


citation: FGC § 22

text: “Bird” means a wild bird or part of a wild bird.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 2. (AB 1527) Effective January 1, 2016.)


citation: FGC § 24

text: “Buy” includes an offer to buy, purchase, barter, exchange, or trade.

history: (History: Amended by Stats. 1985, Ch. 1403, Sec. 1.)


citation: FGC § 27

text: “Chumming” means the placing in the water of fish, or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 3. (AB 1527) Effective January 1, 2016.)


citation: FGC § 29

text: “Closed season” means that period of time during which the taking of birds, mammals, fish, amphibians, or reptiles is prohibited.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 4. (AB 1527) Effective January 1, 2016.)


citation: FGC § 30

text: “Commission” means the Fish and Game Commission, and “commissioner” means a member of the Fish and Game Commission.


citation: FGC § 32

text: “County” includes city and county.


citation: FGC § 33

text: “Credible science” means the best available scientific information that is not overly prescriptive due to the dynamic nature of science, and includes the evaluation principles of relevance, inclusiveness, objectivity, transparency, timeliness, verification, validation, and peer review of information as appropriate. Credible science also recognizes the need for adaptive management, as defined in Section 13.5, as scientific knowledge evolves.

history: (History: Added by Stats. 2012, Ch. 559, Sec. 4. (AB 2402) Effective January 1, 2013.)


citation: FGC § 35

text: “Day” means calendar day, and “week” means calendar week.

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


citation: FGC § 37

text: “Department” means the Department of Fish and Wildlife.

history: (History: Amended by Stats. 2012, Ch. 559, Sec. 5. (AB 2402) Effective January 1, 2013.)


citation: FGC § 39

text: “Director” means the Director of Fish and Wildlife.

history: (History: Amended by Stats. 2012, Ch. 559, Sec. 6. (AB 2402) Effective January 1, 2013.)


citation: FGC § 41

text: “District” means fish and game district.


citation: FGC § 43

text: “Ecosystem-based management” means an environmental management approach relying on credible science, as defined in Section 33, that recognizes the full array of interactions within an ecosystem, including humans, rather than considering single issues, species, or ecosystem services in isolation.

history: (History: Added by Stats. 2012, Ch. 559, Sec. 7. (AB 2402) Effective January 1, 2013.)


citation: FGC § 45

text: “Fish” means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 5. (AB 1527) Effective January 1, 2016.)


citation: FGC § 46

text:
“Guide boat” means a boat or vessel under 25 feet in length, which is used by a guide, who is licensed under Chapter 5 (commencing with Section 2535) of Division 3, in inland waters for any of the following purposes:

(1) For the business of packing or guiding.

(2) For compensation, to assist another person in taking or attempting to take any fish or amphibian.

(3) For compensation, to assist another person in locating any bird or mammal.

history: (History: Added by Stats. 1987, Ch. 200, Sec. 1. Effective July 23, 1987.)


citation: FGC § 48

text: “Hook” or “fishhook” means an implement to catch or hold fish or amphibia. “Single hook” means any hook with one point and with or without a barb; “double hook” means any hook with two points and with or without barbs; “treble or triple hook” means any hook with three points and with or without barbs. “Snag” or “gaff” hooks are hooks with or without handles used to take fish in such manner that the fish does not take the hook voluntarily in its mouth.


citation: FGC § 51

text: “Kelp” means kelp or other marine aquatic plants and the seeds thereof.


citation: FGC § 54

text: “Mammal” means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 6. (AB 1527) Effective January 1, 2016.)


citation: FGC § 54.5

text: “Marine finfish aquaculture” means the propagation, cultivation, or maintenance of finfish species in the waters of the Pacific Ocean that are regulated by this state.

history: (History: Added by Stats. 2006, Ch. 36, Sec. 2. Effective January 1, 2007.)


citation: FGC § 55

text: “Mile” means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. Statute miles shall be the unit of measurement for all land masses, rivers, streams, creeks, and inland bodies of water. Nautical miles shall be the unit of measurement for all marine waters.

history: (History: Added by Stats. 1992, Ch. 1370, Sec. 1. Effective October 27, 1992.)


citation: FGC § 56

text: “Net” means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish.


citation: FGC § 57

text: “Nonresident” means a person who is not a resident as defined in Section 70.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 7. (AB 1527) Effective January 1, 2016.)


citation: FGC § 60

text: “Oath” includes affirmation.


citation: FGC § 61

text: “Ocean ranching” means aquaculture where juvenile anadromous fish are reared and released into state waters to grow and return to an aquaculture facility to be harvested commercially.

history: (History: Added by Stats. 1982, Ch. 1486, Sec. 3.)


citation: FGC § 62

text: “Open season” means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. If used to define the period of time during which take is allowed “season” means “open season.”

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 3. Effective January 1, 2008.)


citation: FGC § 64

text: “Order,” “rule,” and “regulation” are used interchangeably and each includes the others.


citation: FGC § 67

text: “Person” means any natural person or any partnership, corporation, limited liability company, trust, or other type of association.

history: (History: Amended by Stats. 1994, Ch. 1010, Sec. 121. Effective January 1, 1995.)


citation: FGC § 68

text: “Purchase” means “buy” as defined in Section 24.

history: (History: Added by Stats. 1985, Ch. 1403, Sec. 2.)


citation: FGC § 70

text: “Resident” means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code.

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


citation: FGC § 73

text: “Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.


citation: FGC § 75

text: “Sell” includes offer or possess for sale, barter, exchange, or trade.


citation: FGC § 79

text: “Shall” is mandatory and “may” is permissive.


citation: FGC § 80

text: Unless the provision or context otherwise requires, a provision of this code that applies to a whole animal also applies to a part of the animal.

history: (History: Added by Stats. 2015, Ch. 154, Sec. 8. (AB 1527) Effective January 1, 2016.)


citation: FGC § 81

text: “Signature” or “subscription” includes mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses also sign their own names.


citation: FGC § 82

text: “Slurp gun” means a self-contained, hand-held device used to capture fish by rapidly drawing water containing fish into a closed chamber.

history: (History: Added by Stats. 1992, Ch. 742, Sec. 1. Effective January 1, 1993.)


citation: FGC § 83

text: “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories.

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


citation: FGC § 86

text: “Take” means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.


citation: FGC § 88

text: “Transport” includes offer or receive for transportation.


citation: FGC § 89

text: For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code.

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


citation: FGC § 89.1

text: “Waters of the state,” “waters of this state,” and “state waters” have the same meaning as “waters of the state” as defined in subdivision (e) of Section 13050 of the Water Code.

history: (History: Added by Stats. 2007, Ch. 285, Sec. 4. Effective January 1, 2008.)


citation: FGC § 89.5

text: “Wildlife” means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability.

history: (History: Added by Stats. 2015, Ch. 154, Sec. 9. (AB 1527) Effective January 1, 2016.)


citation: FGC § 90

text: The definitions in this chapter govern the construction of Section 1022, Chapter 7 (commencing with Section 1700) of Division 2, and Division 6 (commencing with Section 5500), and all regulations adopted pursuant to those provisions.

history: (History: Amended by Stats. 2018, Ch. 477, Sec. 3. (AB 1573) Effective January 1, 2019.)

chapter: 2. Marine Life Definitions

path: 0.5. GENERAL PROVISIONS AND DEFINITIONS > 2. Marine Life Definitions


citation: FGC § 90.1

text: “Adaptive management,” in regard to a marine fishery, means a scientific policy that seeks to improve management of biological resources, particularly in areas of scientific uncertainty, by viewing program actions as tools for learning. Actions shall be designed so that even if they fail, they will provide useful information for future actions. Monitoring and evaluation shall be emphasized so that the interaction of different elements within the system can be better understood.

history: (History: Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.)


citation: FGC § 90.5

text: “Bycatch” means fish or other marine life that are taken in a fishery but which are not the target of the fishery. “Bycatch” includes discards.


citation: FGC § 90.7

text: “Depressed,” with regard to a marine fishery, means the condition of a fishery for which the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates a declining population trend has occurred over a period of time appropriate to that fishery. With regard to fisheries for which management is based on maximum sustainable yield, or in which a natural mortality rate is available, “depressed” means the condition of a fishery that exhibits declining fish population abundance levels below those consistent with maximum sustainable yield.


citation: FGC § 91

text: “Discards” means fish that are taken in a fishery but are not retained because they are of an undesirable species, size, sex, or quality, or because they are required by law not to be retained.


citation: FGC § 93

text: “Essential fishery information,” with regard to a marine fishery, means information about fish life history and habitat requirements; the status and trends of fish populations, fishing effort, and catch levels; fishery effects on fish age structure and on other marine living resources and users, and any other information related to the biology of a fish species or to taking in the fishery that is necessary to permit fisheries to be managed according to the requirements of this code.


citation: FGC § 94

text:
“Fishery” means both of the following:

(a) One or more populations of marine fish or marine plants that may be treated as a unit for purposes of conservation and management and that are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics.

(b) Fishing for, harvesting, or catching the populations described in (a).

history: (History: Amended by Stats. 2002, Ch. 559, Sec. 1. Effective January 1, 2003.)


citation: FGC § 96

text: “Marine living resources” includes all wild mammals, birds, reptiles, fish, and plants that normally occur in or are associated with salt water, and the marine habitats upon which these animals and plants depend for their continued viability.


citation: FGC § 96.5

text: “Maximum sustainable yield” in a marine fishery means the highest average yield over time that does not result in a continuing reduction in stock abundance, taking into account fluctuations in abundance and environmental variability.


citation: FGC § 97

text:
“Optimum yield,” with regard to a marine fishery, means the amount of fish taken in a fishery that does all of the following:

(a) Provides the greatest overall benefit to the people of California, particularly with respect to food production and recreational opportunities, and takes into account the protection of marine ecosystems.

(b) Is the maximum sustainable yield of the fishery, as reduced by relevant economic, social, or ecological factors.

(c) In the case of an overfished fishery, provides for rebuilding to a level consistent with producing maximum sustainable yield in the fishery.


citation: FGC § 97.5

text:
“Overfished,” with regard to a marine fishery, means both of the following:

(a) A depressed fishery.

(b) A reduction of take in the fishery is the principal means for rebuilding the population.


citation: FGC § 98

text: “Overfishing” means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis.


citation: FGC § 98.2

text: “Participants” in regard to a fishery means the sportfishing, commercial fishing, and fish receiving and processing sectors of the fishery.


citation: FGC § 98.5

text: “Population” or “stock” means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit.


citation: FGC § 99

text: “Restricted access,” with regard to a marine fishery, means a fishery in which the number of persons who may participate, or the number of vessels that may be used in taking a specified species of fish, or the catch allocated to each fishery participant, is limited by statute or regulation.

history: (History: Amended by Stats. 1999, Ch. 483, Sec. 1. Effective January 1, 2000.)


citation: FGC § 99.5

text:
“Sustainable,” “sustainable use,” and “sustainability,” with regard to a marine fishery, mean both of the following:

(a) Continuous replacement of resources, taking into account fluctuations in abundance and environmental variability.

(b) Securing the fullest possible range of present and long-term economic, social, and ecological benefits, maintaining biological diversity, and, in the case of fishery management based on maximum sustainable yield, taking in a fishery that does not exceed optimum yield.


citation: FGC § 101

text: There is in the Resources Agency the Fish and Game Commission created by Section 20 of Article IV of the Constitution.

history: (History: Amended by Stats. 1969, Ch. 55.)

division: 1. FISH AND GAME COMMISSION

chapter: 1. Organization

path: 1. FISH AND GAME COMMISSION > 1. Organization


text:
(a) The Legislature finds and declares that the scope and responsibilities of the commission have significantly expanded over the years as the size and diversity of California’s population have increased, and as the scientific knowledge of the habitat conservation and ecosystem-based management needs of wildlife has expanded. The members of the commission are expected to make complex public policy and biological decisions on behalf of the people of California. The commission is created by the California Constitution, which does not include any criteria or qualifications for selection and appointment of commissioners.

(b) It is therefore the intent of the Legislature to encourage the Governor and the Senate Committee on Rules to consider the following minimum qualifications in selecting, appointing, and confirming commissioners to serve on the commission:

(1) The degree to which the appointee will enhance the diversity of background and geographic representation of the commission.

(2) The appointee’s demonstrated interest and background in, and familiarity with, wildlife and natural resources management programs at the state or federal level.

(3) The appointee’s previous experience in public policy decisionmaking, including government processes involving public participation.

(4) The appointee’s commitment to prepare for and attend meetings and subcommittee meetings of the commission and to comply with all applicable state conflict-of-interest laws.

(5) The extent of the appointee’s exposure to and experience with the basic science underpinning the management of living natural resources.

(6) The appointee’s diversity of knowledge of natural resource issues and related scientific disciplines, including, but not limited to, outdoor recreation.

history: (History: Added by Stats. 2012, Ch. 592, Sec. 1. (AB 2609) Effective January 1, 2013.)


citation: FGC § 102

text:
(a) The commissioners shall annually elect one of their number as president and one as vice president, by a concurrent vote of at least three commissioners.

(b) The president or vice president may be removed from the position of president or vice president by a vote, at any time, of at least three commissioners.

(c) In the event of a vacancy in either the position of president or vice president, the commission shall fill that vacancy at the next regularly scheduled meeting of the commission. The elected successor president or vice president shall serve for the unexpired term of the predecessor until the annual election pursuant to subdivision (a).

(d) The commission may not adopt or enforce a policy or a regulation that provides for the president and vice president to be chosen by seniority nor may the commission adopt or enforce any other policy or regulation that would make a commissioner ineligible to be elected as president or vice president of the commission.

history: (History: Amended by Stats. 2017, Ch. 521, Sec. 2. (SB 809) Effective January 1, 2018.)


citation: FGC § 103

text:
(a) Each of the commissioners shall receive one hundred dollars ($100) for each day of actual service performed in carrying out his or her official duties pursuant to law, but the amount of this compensation shall not exceed for any one commissioner the sum of five hundred dollars ($500) for any one calendar month. In addition to this compensation, the commissioners shall receive their actual and necessary expenses incurred in the performance of their duties.

(b) The compensation and expenses provided in this section shall be paid out of the Fish and Game Preservation Fund.

history: (History: Amended by Stats. 2007, Ch. 419, Sec. 2. Effective October 10, 2007.)


citation: FGC § 104

text: The commission may employ a staff, including an executive director, to assist the commission in conducting its operations, but neither the commission nor its staff shall have or be given any powers in relation to the administration of the department.

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


citation: FGC § 105

text: The commission shall form a marine resources committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all marine resource matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant marine living resource management documents are being developed.

history: (History: Amended by Stats. 1999, Ch. 483, Sec. 3. Effective January 1, 2000.)


citation: FGC § 106

text: The commission shall form a wildlife resources committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all nonmarine resource matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant wildlife resource management documents are being developed.

history: (History: Added by Stats. 2013, Ch. 233, Sec. 2. (AB 497) Effective January 1, 2014.)


text: The commission shall form a tribal committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all tribal matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant tribal management documents are being developed.

history: (History: Added by Stats. 2017, Ch. 457, Sec. 1. (SB 161) Effective January 1, 2018.)


citation: FGC § 107

text:
The commission shall adopt a code of conduct that requires, at a minimum, that a commissioner adhere to the following principles:

(a) A commissioner shall faithfully discharge the duties, responsibilities, and quasi-judicial actions of the commission.

(b) A commissioner shall conduct his or her affairs in the public’s best interest, following principles of fundamental fairness and due process of law.

(c) A commissioner shall conduct his or her affairs in an open, objective, and impartial manner, free of undue influence and the abuse of power and authority.

(d) A commissioner understands that California’s wildlife and natural resources programs require public awareness, understanding, and support of, and participation and confidence in, the commission and its practices and procedures.

(e) A commissioner shall preserve the public’s welfare and the integrity of the commission, and act to maintain the public’s trust in the commission and the implementation of its regulations and policies.

(f) A commissioner shall not conduct himself or herself in a manner that reflects discredit upon state laws or policies, regulations, and principles of the commission.

(g) A commissioner shall not make, participate in making, or in any other way attempt to use his or her official position to influence a commission decision in which the member has a financial interest.

history: (History: Added by Stats. 2012, Ch. 592, Sec. 4. (AB 2609) Effective January 1, 2013.)


citation: FGC § 108

text: By July 1, 2013, the commission shall adopt rules to govern the business practices and processes of the commission.

history: (History: Added by Stats. 2012, Ch. 592, Sec. 5. (AB 2609) Effective January 1, 2013.)


citation: FGC § 110

text:
(a) The commission shall hold no fewer than eight regular meetings per calendar year, if the commission has adequate funding for related travel, including funding for department travel. The commission may also hold special meetings or hearings to receive additional input from the department and the public.

(b) The commission shall announce the dates and locations of meetings for the year by January 1 of that year, or 60 days prior to the first meeting, whichever comes first. Meeting locations shall be accessible to the public and located throughout the state. To the extent feasible, meetings shall be held in state facilities. In setting the dates and locations for regular meetings, the commission shall also consider the following factors:

(1) Recommendations of the department.

(2) Opening and closing dates of fishing and hunting seasons.

(3) The schedules of other state and federal regulatory agencies whose regulations affect the management of fish and wildlife of this state.

(c) The commission shall cause the notice of the schedule for regular meetings, and notice of any change in the date and location of a meeting, to be disseminated to the public in a manner that will result in broad dissemination and that complies with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

history: (History: Added by renumbering Section 206 by Stats. 2016, Ch. 546, Sec. 7. (SB 1473) Effective January 1, 2017.)


citation: FGC § 200

text:
(a) There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles.

(b) No power is delegated to the commission by this section to regulate either of the following:

(1) The taking, possessing, processing, or use of fish, amphibians, kelp, or other aquatic plants for commercial purposes.

(2) The taking or possession of a spike buck or spotted fawn. “Spotted fawn” means a deer one year of age or less that has spotted pelage. “Spike buck” means a male deer with unbranched antlers on both sides that are more than three inches in length.

(c) This section and any regulations adopted pursuant to this section have no effect on any provision of this code or any regulation adopted pursuant to this code that relates to a matter described in paragraph (1) of subdivision (b).

history: (History: Amended by Stats. 2016, Ch. 546, Sec. 3. (SB 1473) Effective January 1, 2017.)

article: 1. Authority

path: 1. FISH AND GAME COMMISSION > 2. Regulation of Take and Possession Generally > 1. Authority


citation: FGC § 201

text: Nothing in this article confers upon the commission any power to regulate any natural resources or commercial or other activity connected therewith, except as specifically provided.

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

chapter: 2. Regulation of Take and Possession Generally

article: 1. Authority


citation: FGC § 203

text:
Any regulation of the commission pursuant to this article relating to resident game birds, game mammals and fur-bearing mammals may apply to all or any areas, districts, or portions thereof, at the discretion of the commission, and may do any or all of the following as to any or all species or subspecies:

(a) Establish, extend, shorten, or abolish open seasons and closed seasons.

(b) Establish, change, or abolish bag limits and possession limits.

(c) Establish and change areas or territorial limits for their taking.

(d) Prescribe the manner and the means of taking.

(e) Establish, change, or abolish restrictions based upon sex, maturity, or other physical distinctions.

history: (History: Amended by Stats. 1957, Ch. 1972.)

article: 1. Authority


text: When adopting regulations pursuant to Section 203, the commission shall consider populations, habitat, food supplies, the welfare of individual animals, and other pertinent facts and testimony.

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

article: 1. Authority


citation: FGC § 205

text:
Any regulation of the commission pursuant to this article which relates to fish, amphibia, and reptiles, may apply to all or any areas, districts, or portion thereof, at the discretion of the commission, and may do any or all of the following as to any or all species or subspecies:

(a) Establish, extend, shorten, or abolish open seasons and closed seasons.

(b) Establish, change, or abolish bag limits, possession limits, and size limits.

(c) Establish and change areas or territorial limits for their taking.

(d) Prescribe the manner and the means of taking.

article: 1. Authority


citation: FGC § 219

text:
Any regulation adopted pursuant to this article may supersede any section of this code designated by number in the regulation, but shall do so only to the extent specifically provided in the regulation. A regulation which is adopted pursuant to this section shall be valid only to the extent that it makes additions, deletions, or changes to this code under one of the following circumstances:

(a) The regulation is necessary for the protection of fish, wildlife, and other natural resources under the jurisdiction of the commission.

(b) The commission determines that an emergency exists or will exist unless the action is taken. An emergency exists if there is an immediate threat to the public health, safety, and welfare, or to the population or habitat of any species.

A regulation which is adopted pursuant to this section shall be supported by written findings adopted by the commission at the time of the adoption of the regulation setting forth the basis for the regulation.

A regulation adopted pursuant to this section shall remain in effect for not more than 12 months from its effective date.

history: (History: Amended by Stats. 1991, Ch. 709, Sec. 1.)

article: 1. Authority


citation: FGC § 250

text:
(a) Except as provided in subdivision (b), this article applies to a commission regulation that governs the take or possession of any bird, mammal, fish, amphibian, or reptile.

(b) This article does not apply to a regulation governed by subdivision (b) of Section 200 or Section 201.

(c) Except as expressly provided, this article does not supersede any other applicable law that governs the adoption, amendment, or repeal of a regulation.

history: (History: Repealed and added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.)

article: 2. Procedure

path: 1. FISH AND GAME COMMISSION > 2. Regulation of Take and Possession Generally > 2. Procedure


citation: FGC § 255

text:
(a) When adopting, amending, or repealing a regulation governed by this article, the commission shall conduct the following steps at separate public meetings:

(1) Approve the submission of a notice of proposed action to the Office of Administrative Law.

(2) Consider public comment on the proposed action. The department shall participate in this process by reviewing and responding to all public comment.

(3) Make a final decision on the proposed action.

(b) The meetings required by this section may be regular or special meetings.

(c) The meetings required by this section shall be duly noticed to the public in accordance with subdivision (c) of Section 110 and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(d) Within 45 days after the commission makes a final decision to adopt, amend, or repeal a regulation governed by this article, the department shall publish and distribute the regulation to each county clerk, district attorney, and judge of the superior court in the state.

history: (History: Added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.)

article: 2. Procedure


citation: FGC § 260

text:
(a) The commission and the department may do anything that is deemed necessary and proper to publicize and distribute a regulation governed by this article so that persons likely to be affected will be informed of them. The failure of the commission to provide any notice of a regulation governed by this article, beyond what is required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, does not impair the validity of the regulations.

(b) Notwithstanding any other law, the commission and the department may contract with private entities to print regulations governed by this article, and other public information. The printing contract shall include criteria to ensure that the public information provided in the publication is easy to reference, read, and understand.

(c) Printing contracts authorized by this section for which no state funds are expended are not subject to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, except for Article 2 (commencing with Section 10295) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code.

(d) Material printed pursuant to subdivision (b) that contains advertisements shall meet all specifications prescribed by the department. The printed material shall not contain advertisements for tobacco products, alcohol, firearms, and devices prohibited pursuant to Section 32625 of the Penal Code, Article 2 (commencing with Section 30600) of Chapter 2 of Division 10 of Title 4 of Part 6 of the Penal Code, or any provision listed in Section 16590 of the Penal Code, or firearms not authorized by the commission as a legal method of sport hunting, political statements, solicitations for membership in organizations, or any other statement, solicitation, or product advertisement that is in conflict with the purposes for which the material is produced, as determined by the commission.

(e) Neither the department nor the commission shall contract with private entities to print the materials described in subdivision (b) if the letting of those contracts will result in the elimination of civil service positions.

(f) The department or the license agent may give a copy of the current applicable published regulations governed by this article to each person issued a license, at the time the license is issued.

article: 2. Procedure


citation: FGC § 265

text: A regulation governed by this article is not subject to the time periods for the adoption, amendment, or repeal of a regulation prescribed in Sections 11343.4, 11346.4, 11346.8, and 11347.1 of the Government Code.

article: 2. Procedure


citation: FGC § 270

text: The adoption, amendment, or repeal of a regulation governed by this article shall become effective at the time specified in the regulation, but not sooner than the date of the filing.

article: 2. Procedure


citation: FGC § 275

text: A regulation governed by this article shall remain in effect for the period specified in the regulation or until superseded by subsequent regulation of the commission or by statute.

article: 2. Procedure


citation: FGC § 301

text: The commission may adopt regulations that it deems necessary for the disposition of birds or mammals that are killed accidentally.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 13. (AB 1527) Effective January 1, 2016.)

chapter: 3. Other Regulatory Powers

article: 1. Generally

path: 1. FISH AND GAME COMMISSION > 3. Other Regulatory Powers > 1. Generally


citation: FGC § 302

text: When adopting regulations pursuant to any authority otherwise vested in the commission by this code, the commission shall annually determine whether to continue, repeal, or amend regulations establishing hunting seasons for black bears. The determination shall include a review of factors which impact the health and viability of the black bear population.

history: (History: Added by Stats. 1990, Ch. 687, Sec. 2.)

article: 1. Generally


citation: FGC § 303

text: Prior to adopting a regulation authorizing a special hunting season for black bears for the purpose of curtailing property damage in any specified area, the commission shall comply with Article 2 (commencing with Section 325) of Chapter 3 of Division 1.

history: (History: Added by Stats. 1990, Ch. 687, Sec. 3.)

article: 1. Generally


citation: FGC § 306

text: Whenever, because of extreme fire hazard, any area is closed to entry by the public by any order or proclamation issued or concurred in by the Governor the commission may establish a season for hunting or fishing within the area. The season shall commence upon or after the expiration or termination of such closure and shall correspond in length of time as nearly as may be possible to the time during which such area was closed to hunting or fishing.

article: 1. Generally


citation: FGC § 307

text:
(a) Whenever after due investigation the commission finds that game fish, resident or migratory birds, game or fur-bearing mammals, amphibians, or reptiles have decreased in numbers in an area, district, or portion of an area or district to the extent that a scarcity exists, the commission may reduce the daily bag limit and the possession limit on those game fish, birds, mammals, amphibians, or reptiles that are in danger of depletion, for a period of time that the commission may specify, or until new legislation addressing the scarcity becomes effective.

(b) A regulation adopted pursuant to this section shall be filed with the Secretary of State, and that filing shall be deemed a legal notice thereof.

(c) The regulation shall be published twice in at least one newspaper of general circulation in every county affected by the order. The publications shall be separated by a period of not less than one week and not more than two weeks. The regulation shall be posted in such public places in each county as the director may direct.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 14. (AB 1527) Effective January 1, 2016.)

article: 1. Generally


citation: FGC § 308

text: Notwithstanding any other provisions of this code, in District 22 the taking of birds, mammals, fish, amphibians, or reptiles shall be subject to regulations adopted, from time to time, by the commission, except that it is unlawful in District 22 to take birds or mammals within one-eighth mile of any gallinaceous guzzler, if the area surrounding it is posted in the manner prescribed by the commission. In the Colorado River, in District 22, the commission may adopt regulations in agreement with the proper authorities of the State of Arizona.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 2. (AB 1760) Effective January 1, 2024.)

article: 1. Generally


text: For the preservation, protection and restoration of mountain sheep and other birds and mammals in arid regions of the state, the commission, in cooperation with the agency authorized to manage the land, may prohibit any activity, including but not limited to camping, in the vicinity of waterholes, springs, seeps, and other watering places which are on public lands. The department may enter into agreements with other state and federal agencies controlling public lands for the purpose of posting such areas.

history: (History: Added by Stats. 1970, Ch. 869.)

article: 1. Generally


citation: FGC § 309

text:
(a) The commission or any person appointed by it to conduct a hearing may, in any investigation or hearing, cause the deposition of witnesses, residing within or without the state, to be taken in the manner prescribed by law for deposition in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, and may compel the attendance of witnesses and the production of documents and papers. The commission shall adopt regulations that afford procedural and substantive due process to any person whose license or permit is subject to revocation or suspension. Except upon conviction of a violation of this code or a regulation adopted pursuant to this code relating to the licensed or permitted activity and notwithstanding any other provision of this code, the commission shall not revoke or suspend any license or permit until the regulations required by this section have been adopted and approved by the Office of Administrative Law pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) Any deliberation conducted by the commission, or conducted by any person appointed by the commission to conduct hearings, is deemed to be a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or similar provision, within the meaning of paragraph (3) of subdivision (c) of Section 11126 of the Government Code.

history: (History: Amended by Stats. 2004, Ch. 182, Sec. 36. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)

article: 1. Generally


citation: FGC § 310

text: The commission may designate salmon spawning areas. It is unlawful to take salmon in any such spawning area, or within 250 feet of any salmon spawning station.

article: 1. Generally


citation: FGC § 312

text:
(a) The commission may issue a permit authorizing any member of the armed forces of the United States or any student or faculty member of an elementary or secondary school in the public school system actually assigned to, and participating in, an organized survival training course to take fish, amphibians, reptiles, birds, or mammals, except rare or endangered species, notwithstanding any other law or regulation, pursuant to the terms and conditions of that permit. A permit involving training by the armed forces of the United States shall be issued to the commanding officer of the unit having jurisdiction over the conduct of the survival training course. A permit involving training by an elementary or secondary school in the public school system shall be issued to the governing board or superintendent of the district having jurisdiction over that school and the conduct of the survival training course. A permit shall be applicable only to the area established for that survival training as designated by the commission in the permit and for the species and numbers designated in the permit.

(b) The commission may revise a condition of a permit if it finds revision is necessary to properly protect the fish, amphibians, reptiles, birds, or mammals in the area.

(c) The term of a permit issued pursuant to subdivision (a) shall be for not more than a calendar year.

(d) A report shall be submitted on the expiration of the permit period specified pursuant to subdivision (c), or as otherwise required by the commission, of all fish, amphibians, reptiles, birds, or mammals taken during the period covered by the report in each permit area. A new permit shall not be issued until the report has been submitted and an existing permit may be canceled if a report is not submitted when required by the commission.

(e) A person engaged in survival training taking a fish, amphibian, reptile, bird, or mammal pursuant to a permit issued under this section shall not use a firearm, bow and arrow, steel trap, explosive, chemical, poison, drug, net, or fish tackle, except that hooks, handlines, and improvised poles and lines may be used to take fish.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 15. (AB 1527) Effective January 1, 2016.)

article: 1. Generally


citation: FGC § 313

text: The commission may prohibit the taking or possessing of tuna in the same manner as taking or possessing tuna is prohibited by federal law or by rules or regulations adopted pursuant to the Tuna Conventions Act of 1950, as amended by Public Law 87-814 of the 87th Congress, notwithstanding any other provision of this code.

history: (History: Added by Stats. 1963, Ch. 1598.)

article: 1. Generally


citation: FGC § 314

text: The commission at any time may close to the taking of any species or subspecies of bird or mammal any area newly stocked by the department with resident or migratory game birds or game or fur-bearing mammals, or any area where, in the judgment of the commission, added protection for birds or mammals is needed to properly conserve the birds or mammals, for such time as the commission may designate, or until such time as new legislation thereon enacted by the Legislature may become effective.

history: (History: Added by Stats. 1963, Ch. 1699.)

article: 1. Generally


citation: FGC § 315

text: The commission may at any time close any stream, lake, or other inland waters, or portions thereof, to the taking of any species or subspecies of fish to protect and properly conserve the fish, except for the taking of fish otherwise permitted by this code under a commercial fishing license, for such time as the commission may designate, or until such time as new legislation thereon enacted by the Legislature may become effective.

history: (History: Added by renumbering Section 314 (as added by Stats. 1963, Ch. 1439) by Stats. 1965, Ch. 137.)

article: 1. Generally


text: The commission may open any stream, lake, or other inland waters, or any part of any stream, lake, or other inland waters, to the taking of any species or subspecies of fish for the proper utilization of the fish, for an amount of time specified by the commission, or until new legislation on the matter enacted by the Legislature becomes effective.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 3. (AB 1760) Effective January 1, 2024.)

article: 1. Generally


citation: FGC § 316

text: The commission may prohibit the taking or possessing of Pacific halibut (Hippoglossus) in the same manner as the taking or possessing of Pacific halibut is prohibited by federal law or by rules or regulations adopted by the International Pacific Halibut Commission, notwithstanding any other provision of this code.

history: (History: Added by Stats. 1967, Ch. 996.)

article: 1. Generally


text: The commission may prohibit the taking or possessing of salmon in the same manner as the taking or possessing of salmon is prohibited by federal law or by rules or regulations adopted by the United States Secretary of Commerce, notwithstanding any other provision of this code.

history: (History: Added by Stats. 1996, Ch. 870, Sec. 1. Effective January 1, 1997.)

article: 1. Generally


citation: FGC § 317

text: Any organization conducting a special hunt for servicemen or veterans residing in or assigned to a United States veterans or armed services medical facility may apply to the commission for, and the commission may issue, under such terms and conditions as it may impose, a permit to take birds and mammals notwithstanding the provisions of Sections 2006 and 3002.

history: (History: Added by Stats. 1969, Ch. 695.)

article: 1. Generally


citation: FGC § 325

text: Whenever after due investigation the commission finds that game mammals, other than deer, and fur-bearing mammals and resident game birds have increased in numbers in any areas, districts, or portions thereof other than a refuge or preserve established by statute, to such an extent that a surplus exists, or to such an extent that the mammals or birds are damaging public or private property, or are overgrazing their range, the commission may provide by regulation, for a special hunting season for the mammals and birds, additional to, or concurrent with any other open season specified by law; or provide for increased bag limits; or remove sex restrictions specified by law.

history: (History: Amended by Stats. 1977, Ch. 839.)

article: 2. Special Seasons

path: 1. FISH AND GAME COMMISSION > 3. Other Regulatory Powers > 2. Special Seasons


citation: FGC § 326

text: Before adopting a regulation pursuant to Section 325, the commission at an open meeting shall publicly announce the contents of the proposed regulation, and fix a time and place for a hearing on the proposed regulation in each county that would be affected by the regulation. The time for each hearing shall be at least 21 days after the announcement, and the place shall be the county seat of the affected county.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 16. (AB 1527) Effective January 1, 2016.)

article: 2. Special Seasons


citation: FGC § 327

text:
Notice of the hearing shall be published at least once, and at least 10 days prior to the hearing, in a newspaper of general circulation in each of the counties in which the hearing is to be held, or if no such newspaper is published in that county or counties then in such a newspaper in an adjoining county. The hearing shall be conducted by either (a) the commission, (b) a member of the commission designated by it, or (c) the director if requested so to do by the commission.

At least 10 days prior to the holding of any such hearing the commission shall notify each member of the board of supervisors, at his home address, of each county affected of the details of its proposed order affecting such county and the time and date of the hearing.

history: (History: Amended by Stats. 1969, Ch. 813.)

article: 2. Special Seasons


citation: FGC § 328

text: Such employees of the department as may be necessary or are requested by any interested group of persons, shall be present at the hearing. After the hearing the commission may abandon the proposal or make a final regulation, with any modifications it deems appropriate, or without modification.

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

article: 2. Special Seasons


citation: FGC § 329

text: The regulation may fix a license fee for special hunting and designate the number of special licenses to be issued, the area in which such hunting will be permitted, the number and sex of animals or birds that may be killed by each holder of a special license, and the conditions and regulations to govern such hunting.

article: 2. Special Seasons


citation: FGC § 330

text: Cooperative hunting areas, as described in Section 1575, may be established in connection with any area opened to hunting under the provisions of this article.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 17. (AB 1527) Effective January 1, 2016.)

article: 2. Special Seasons


citation: FGC § 331

text:
(a) The commission may determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the sex and total number of pronghorn antelope (Antilocapra americana) that may be taken under regulations that the commission may adopt from time to time. Only a person possessing a valid hunting license, who has not received a pronghorn antelope tag under these provisions during a period of time specified by the commission, may obtain a tag for the taking of pronghorn antelope.

(b) The department may issue a pronghorn antelope tag upon payment of a fee. The fee for a pronghorn antelope tag shall be fifty-five dollars ($55) for a resident of the state, as adjusted under Section 713. On or before July 1, 2007, the commission shall, by regulation, fix the fee for a nonresident of the state at not less than a fee of three hundred fifty dollars ($350), as adjusted under Section 713. The fees shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended, in addition to moneys budgeted for salaries of persons in the department as set forth in Section 3953.

(c) The commission shall direct the department to annually authorize not less than one pronghorn antelope tag or more than 1 percent of the total number of tags available for the purpose of raising funds for programs and projects to benefit pronghorn antelope. These tags may be sold at auction to residents or nonresidents of the state or by another method and are not subject to the fee limitation prescribed in subdivision (b). All revenues from sales pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section.

(d) The commission shall direct the department to annually authorize one pronghorn antelope tag of the total number of tags available for issuance to nonresidents of the state.

(e) This section shall become operative on July 1, 2025.

history: (History: Repealed and added by Stats. 2018, Ch. 295, Sec. 2. (AB 2151) Effective January 1, 2019. Section operative July 1, 2025, by its own provisions.)

article: 2.1. Antelope and Elk

path: 1. FISH AND GAME COMMISSION > 3. Other Regulatory Powers > 2.1. Antelope and Elk


citation: FGC § 332

text:
(a) The commission may determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the number of elk that may be taken under rules and regulations that the commission may adopt from time to time. The commission may authorize the taking of tule elk if the average of the department’s statewide tule elk population estimates exceeds 2,000 animals, or the Legislature determines, pursuant to the reports required by Section 3951, that suitable areas cannot be found in the state to accommodate that population in a healthy condition.

(b) Only a person possessing a valid hunting license may obtain a tag for the taking of elk.

(c) The department may issue an elk tag upon payment of a fee. The fee for an elk tag shall be one hundred sixty-five dollars ($165) for a resident of the state, as adjusted under Section 713. On or before July 1, 2007, the commission shall, by regulation, fix the fee for a nonresident of the state at not less than one thousand fifty dollars ($1,050), as adjusted under Section 713. The fees shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended, in addition to moneys budgeted for salaries of the department as set forth in Section 3953.

(d) The commission shall annually direct the department to authorize not more than three elk tags for the purpose of raising funds for programs and projects to benefit elk. These tags may be sold at auction to residents or nonresidents of the state or by another method and are not subject to the fee limitation prescribed in subdivision (c). All revenues from sales pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section.

(e) The commission shall direct the department to annually authorize one elk tag of the total number of tags available for issuance to nonresidents of the state.

(f) This section shall become operative on July 1, 2025.

history: (History: Repealed and added by Stats. 2018, Ch. 295, Sec. 4. (AB 2151) Effective January 1, 2019. Section operative July 1, 2025, by its own provisions.)

article: 2.1. Antelope and Elk


citation: FGC § 355

text:
(a) The commission may annually adopt regulations pertaining to migratory birds to conform with or to further restrict the rules and regulations prescribed pursuant to the Migratory Bird Treaty Act.

(b) Regulations adopted under this section are not subject to Sections 11343.4, 11346.1, 11346.4, and 11346.8 of the Government Code.

(c) Every regulation of the commission adopted pursuant to this article shall become effective upon filing unless otherwise specified in the regulations.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 4. (AB 1760) Effective January 1, 2024.)

article: 3. Migratory Birds

path: 1. FISH AND GAME COMMISSION > 3. Other Regulatory Powers > 3. Migratory Birds


citation: FGC § 356

text:
(a) Migratory game birds may be taken in conformity with federal laws and regulations and the regulations of the commission adopted pursuant to this article.

(b) In the event no regulations are prescribed by the proper federal agency, the commission may determine and fix the area or areas, the seasons and hours, the species, the bag and possession limits, and the total number that may be taken during any open season for the taking of migratory game birds, under rules and regulations adopted by the commission. The rules and regulations shall have the same effect as if enacted by the Legislature.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 5. (AB 1760) Effective January 1, 2024.)

article: 3. Migratory Birds


citation: FGC § 357

text: The president of the commission may be a member ex officio of the Migratory Bird Conservation Commission created by the act of Congress known as the “Migratory Bird Conservation Act.”

article: 3. Migratory Birds


citation: FGC § 375

text:
The commission may negotiate the terms of a compact between the States of Arizona and California with any appropriate officials of the State of Arizona in relation to reciprocal privileges and licenses for hunting and fishing by residents of one of the states within the territorial jurisdiction of the other. The negotiations shall include, but shall not be limited to, provisions relating to sport fishing and the hunting of migratory waterfowl in, on, or along the Colorado River.

It is the primary purpose of this section to provide a method whereby the hunting and fishing opportunities afforded by the Colorado River may be mutually enjoyed by the residents of the States of Arizona and California despite the difficulties and inconveniences that result from the fact that the boundary line between the States of Arizona and California is the middle of the channel of the Colorado River.

article: 4. California-Arizona Compact

path: 1. FISH AND GAME COMMISSION > 3. Other Regulatory Powers > 4. California-Arizona Compact


citation: FGC § 390

text: The commission, subject to the approval of the Attorney General, may enter into reciprocal agreements with corresponding state or county official agencies of adjoining states pertaining to the establishment of a basis whereby valid sport fishing licenses issued by the parties to the reciprocal agreements may be used by their licensees within the jurisdiction of either, in accordance with the terms of such agreements.

path: 1. FISH AND GAME COMMISSION > 3. Other Regulatory Powers > 5. Reciprocal Agreements With Adjoining States


citation: FGC § 391

text: The department may exchange or release to any appropriate federal, state, or local agency or agencies in other states, for purposes of law enforcement, any information collected or maintained by the department under any provision of this code or any regulation adopted pursuant to this code.

history: (History: Amended by Stats. 2000, Ch. 388, Sec. 1. Effective January 1, 2001.)

article: 5. Reciprocal Agreements With Adjoining States


citation: FGC § 392

text:
(a) The director, or a designated representative, may enter into reciprocal operational agreements with authorized representatives of any Oregon, Nevada, or Arizona state law enforcement agency, including, but not limited to, the Oregon State Police, the Nevada Department of Wildlife, and the Arizona Game and Fish Department, to promote expeditious and effective law enforcement service to the public, and assistance between the members of the department and those agencies, in areas adjacent to the borders of this state and each of the adjoining states pursuant to Section 393.

(b) The reciprocal operational agreement shall be in writing and may cover the reciprocal exchange of law enforcement services, resources, facilities, and any other necessary and proper matters between the department and the respective agency.

(c) Any agreement shall specify all of the following:

(1) The involved departments, divisions, or units of the agencies.

(2) The duration and purpose of the agreement.

(3) Responsibility for damages.

(4) The method of financing any joint or cooperative undertaking.

(5) The methods to be employed to terminate an agreement.

(d) The director may establish operational procedures in implementation of any reciprocal operational agreement that are necessary to achieve the purposes of the agreement.

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


citation: FGC § 393

text:
(a) A regularly employed law enforcement officer of an Oregon, Nevada, or Arizona state law enforcement agency, including, but not limited to, the Oregon State Police, the Nevada Department of Wildlife, or the Arizona Game and Fish Department, is a peace officer in this state, if all of the following conditions are met:

(1) The officer is providing, or attempting to provide, law enforcement services within this state, within a distance of up to 50 statute miles of the contiguous border of this state and the state employing the officer, or within waters offshore of this state in the Exclusive Economic Zone.

(2) The officer is providing, or attempting to provide, law enforcement services pursuant to either of the following:

(A) In response to a request for services initiated by a member of the department.

(B) In response to a reasonable belief that emergency law enforcement services are necessary for the preservation of life, and a request for services by a member of the department is impractical to obtain under the circumstances. In those situations, the officer shall obtain authorization as soon as practical.

(3) The officer is providing, or attempting to provide, law enforcement services for the purpose of assisting a member of the department in response to misdemeanor or felony criminal activity, pursuant to the authority of a peace officer as provided in subdivision (e) of Section 830.2 of the Penal Code, or, in the event of an emergency incident or other similar public safety problem, whether or not a member of the department is present at the scene of the event.

(4) An agreement pursuant to Section 392 is in effect between the department and the agency of the adjoining state employing the officer, the officer acts in accordance with that agreement, and the agreement specifies that the officer and employing agency of the adjoining state shall be subject to the same civil immunities and liabilities as a peace officer and his or her employing agency in this state.

(5) The officer receives no separate compensation from this state for providing law enforcement services within this state.

(6) The adjoining state employing the officer confers similar rights and authority upon a member of the department who renders assistance within that state.

(b) Notwithstanding any other provision of law, a person who is acting as a peace officer in this state in the manner described in this section shall be deemed to have met the requirements of Section 1031 of the Government Code and the selection and training standards of the Commission on Peace Officer Standards and Training, if the officer has completed the basic training required for peace officers in his or her state.

(c) A peace officer of an adjoining state shall not provide services within a California jurisdiction during a period in which officers of the department are involved in a labor dispute that results in a formal work slowdown or stoppage.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 18. (AB 1527) Effective January 1, 2016.)


citation: FGC § 395

text:
(a) The commission may adopt regulations for the possession or training, and the capture, importation, exportation, or intrastate transfer, of any bird in the orders Falconiformes and Strigiformes (birds-of-prey) used in the practice of falconry and may authorize the issuance and provide for the revocation of licenses and permits to persons for the practice of falconry.

(b) It is unlawful to capture, possess, or train any bird in the orders Falconiformes and Strigiformes (birds-of-prey) in the practice of falconry without procuring a falconry license.

(c) Regulations shall not be adopted pursuant to subdivision (a) for the possession, training, capture, importation, exportation, or intrastate transfer of American peregrine falcons used in the practice of falconry unless the Legislature provides an appropriation in the annual Budget Act or another statute for that purpose.

history: (History: Amended by Stats. 2023, Ch. 59, Sec. 1. (SB 147) Effective July 10, 2023.)

article: 6. Falconry

path: 1. FISH AND GAME COMMISSION > 3. Other Regulatory Powers > 6. Falconry


citation: FGC § 396

text:
(a) The falconry license shall be valid for a license year beginning on July 1 and ending on the last day of June of the next succeeding calendar year. If issued after July 1 of any year, a falconry license is valid for the remainder of that license year.

(b) For the license years beginning on or after March 1, 1987, the fee for a falconry license is a base fee of thirty dollars ($30) as adjusted under Section 713.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 7. Effective January 1, 2008.)

article: 6. Falconry


citation: FGC § 397

text:
(a) On or before three years after the date the Legislature makes an appropriation for purposes of this section, and then again on or before eight years after the date the Legislature makes an appropriation for purposes of this section, the department shall prepare a report and submit each of the reports to the relevant legislative policy and budget committees in both houses of the Legislature. The reports shall provide data and information regarding the status of the American peregrine falcon in the state and its use in falconry. The purpose of the reports is to provide a comprehensive overview of the impact of changes in falconry law and regulations on the practice of falconry. The reports shall include all of, but are not limited to, the following information:

(1) The regulatory status of falconry and any commission or department action related to regulatory development.

(2) (A) Compiled data regarding the use of all American peregrine falcons, including hybrids, in falconry in the state, and compiled data regarding the use of all raptors in falconry in the state.

(B) The compiled data shall be obtained from the information falconers submit to the department regarding raptor acquisition and disposition, including raptor capture, recapture, and release; possession; and hunting take pursuant to licensing. The compiled data shall be reported by species and the source of the bird, such as captive-bred, and include all take.

(C) The compiled data provided for the practice of falconry is intended to provide context for the data provided for the American peregrine falcon.

(3) Retention rates for falconers of all levels.

(4) Fee revenue from all sources related to falconry, and costs associated with falconry, including regulatory development, and to administer and implement the regulations by the commission and the department.

(5) Department enforcement information, as applicable, including any violations cited.

(b) The department shall collect all relevant, appropriate, and sufficient data necessary to evaluate falconry and the impact of the change in the regulations on falconry necessary to prepare the reports, and to justify the amount of the license fees assessed, including information about data collection and enforcement costs. Data collection efforts shall avoid duplication and use data collected for other purposes, including the development of regulations, to the extent feasible.

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

(d) The implementation of this section is contingent upon an appropriation for its purposes by the Legislature in the annual Budget Act or another statute.

history: (History: Added by Stats. 2022, Ch. 471, Sec. 2. (SB 945) Effective January 1, 2023.)

article: 6. Falconry


citation: FGC § 398

text: The base year for determining the inflationary index applied to the fee established by Section 396 shall be the 1984–85 fiscal year.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 6. (AB 1760) Effective January 1, 2024.)

article: 6. Falconry


citation: FGC § 399

text:
Notwithstanding any other provision of this code, the commission, when adopting, amending, or repealing a regulation pursuant to authority vested in it by this code, may, after at least one hearing, adopt, amend, or repeal that regulation pursuant to Section 11346.1 of the Government Code, if it makes either of the following findings:

(a) That the adoption, amendment, or repeal is necessary for the immediate conservation, preservation, or protection of birds, mammals, fish, amphibians, or reptiles, including, but not limited to, their nests or eggs.

(b) That the adoption, amendment, or repeal is necessary for the immediate preservation of the public peace, health and safety, or general welfare.

history: (History: Added by Stats. 2016, Ch. 546, Sec. 20. (SB 1473) Effective January 1, 2017.)

chapter: 3.5. Emergency Regulations

path: 1. FISH AND GAME COMMISSION > 3.5. Emergency Regulations


citation: FGC § 400

text: The State of California hereby assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes,” approved September 2, 1937 (Public Law 415, 75th Congress). The department, with the approval of the commission, shall perform any acts needed to conduct or establish cooperative wildlife-restoration projects, as defined in that act of Congress, in compliance with that act and rules and regulations adopted under that act, and funds accruing to the State of California from license fees paid by hunters shall not be diverted for a purpose other than the administration of the department and the protection, propagation, preservation, and investigation of fish and wildlife.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 19. (AB 1527) Effective January 1, 2016.)

chapter: 4. Acceptance of Federal Acts

path: 1. FISH AND GAME COMMISSION > 4. Acceptance of Federal Acts


citation: FGC § 401

text: The State of California hereby assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes,” approved August 9, 1950 (Public Law 681, 81st Congress). The department, with the approval of the commission, may perform any acts needed to conduct or establish cooperative fish restoration projects, as defined in that act of Congress, in compliance with that act and rules and regulations adopted under that act, and funds accruing to the State of California from license fees paid by fishermen shall not be diverted for a purpose other than the administration of the department and the protection, propagation, preservation, and investigation of fish and wildlife.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 20. (AB 1527) Effective January 1, 2016.)


citation: FGC § 450

text: It is hereby declared to be the policy of the Legislature to encourage the conservation, restoration, maintenance, and utilization of California’s wild deer populations. Such conservation shall be in accordance with the principles of conservation of wildlife resources set forth in Section 1801 and in accordance with the objectives and elements stated in “A Plan for California Deer, 1976.”

history: (History: Repealed and added by Stats. 1977, Ch. 839.)

chapter: 5. Management of Deer

path: 1. FISH AND GAME COMMISSION > 5. Management of Deer


citation: FGC § 451

text: As used in this chapter “general deer hunting season” means the annual season for the area in question as is set by the commission under its general regulatory powers, or set by statute, for the taking of male deer.


citation: FGC § 452

text: The department shall designate deer herd management units and designate the manager for the units. Such units may encompass a single deer herd or a group of deer herds having similar management and habitat requirements and characteristics. Boundaries of such units, unless appropriate, need not follow county boundary lines.


citation: FGC § 453

text: The department shall develop plans for such deer herd management units. The objectives of such plans shall be the restoration and maintenance of healthy deer herds in the wild state and to provide for high quality and diversified use of deer in California.


citation: FGC § 454

text:
Such management plans shall contain the following program elements:

(a) Document existing information on deer herd management units and programs to obtain information that may be needed.

(b) Develop programs to maintain and increase the quality of deer habitat statewide. Such programs will emphasize cooperative action between the department and the appropriate land management entities, both public and private. Emphasis shall be directed towards identifying critical deer habitat areas and the maintenance and management of such areas.

(c) Develop programs to reduce natural mortalities where such reduction may be critical to meeting deer herd plan objectives.

(d) Develop programs to decrease the illegal taking of deer through modern law enforcement methods supported by public and private cooperative efforts.

(e) Develop diversified recreational use programs, including both hunting and nonhunting uses, consistent with the basic individual deer herd management unit capabilities.


citation: FGC § 455

text: Deer herd management unit plans shall be reviewed annually and shall be the basis for department recommendations to the commission pursuant to this chapter.


citation: FGC § 456

text: The department shall biennially report to the Legislature and to the commission on the progress that is being made toward the restoration and maintenance of California’s deer herds. The report shall include program activities regarding deer habitat, particularly addressing problems dealing with identification and preservation of critical deer habitat areas; the amount of revenue derived from the sale of deer tags during the two previous fiscal years; a list of expenditures during the two previous fiscal years and proposed expenditures during the current fiscal year; and a report of general benefits accrued to the deer resources as a result of the program.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 7. (AB 1760) Effective January 1, 2024.)


citation: FGC § 457

text:
(a) Not later than December 15 of each year, the department shall determine its proposed recommendations to the commission relating to the management of deer, including its recommendations as to whether any antlerless deer hunts should be ordered.

(b) The recommendations shall include all of the following:

(1) The number, if any, of antlerless deer that should be taken in particular deer management units.

(2) Proposed dates for any recommended taking.

(3) The number of permits proposed for each management unit.

(4) Whether the permits should be either-sex permits.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 8. (AB 1760) Effective January 1, 2024.)


citation: FGC § 458

text:
(a) Not later than December 15 of each year, the department shall provide notice of the details of its proposed recommendations under Section 457 to the board of supervisors of each county affected by a recommendation, by certified mail.

(b) Not later than the February 1 next following the department’s notice, the board of supervisors of any affected county may elect to hold a public hearing on one or more of the department’s proposed recommendations. The director or the director’s representative shall attend all hearings held pursuant to this subdivision.

(c) The board of supervisors of any affected county may, by resolution, elect not to exercise the rights conferred by this section.

(d) This section applies only to the counties of, and to those districts or parts of districts in, Siskiyou, Modoc, Trinity, Shasta, Lassen, Plumas, Sierra, Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Imperial, Inyo, Lake, Madera, Mariposa, Mendocino, Merced, Mono, Monterey, Napa, Nevada, Orange, Placer, Riverside, San Luis Obispo, Santa Barbara, Santa Clara, Tehama, Tuolumne, Yolo, and Yuba Counties.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 9. (AB 1760) Effective January 1, 2024.)


citation: FGC § 459

text:
(a) Not later than the February 1 next following the department’s notice, the board of supervisors of any affected county that has held a public hearing pursuant to Section 458 may, by resolution, object to one or more proposed recommendations of the department, or may, by resolution, determine that one or more proposed recommendations should be modified, and state the necessary modification.

(b) A resolution objecting to or stating necessary modification of a proposed recommendation shall be based on testimony and information presented at a hearing conducted pursuant to subdivision (b) of Section 458, or presented to the board of supervisors at its meeting to consider the resolution.

(c) The department shall not recommend to the commission, and the commission shall not authorize, the taking of antlerless deer in an affected county if the board of supervisors of that county submits a resolution objecting to that taking.

(d) If a board of supervisors of an affected county submits a resolution determining that one or more proposed recommendations of the department relating to the taking of antlerless deer should be modified for that county, the department and the commission shall do one of the following:

(1) The department shall modify its recommendations and the commission shall modify its orders to incorporate the modification determined to be necessary by the county board of supervisors.

(2) The department shall not recommend, and the commission shall not authorize, the taking of antlerless deer in that county.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 10. (AB 1760) Effective January 1, 2024.)


citation: FGC § 460

text:
(a) Prior to each meeting of the commission at which the commission considers the regulation of deer and takes action pursuant to paragraph (1) of subdivision (a) of Section 255, the department shall recommend to the commission the deer herd units to be placed under a general deer hunting season.

(b) At the same time, the department shall do all of the following:

(1) Recommend to the commission, subject to the provisions of Sections 458 and 459, whether any antlerless deer should be taken and if so, in which deer herd management units.

(2) If in the judgment of the department there are deer herd management units in which hunting pressure would adversely affect the deer herd, impair the hunting experience, or endanger the public safety, recommend to the commission those deer herd management units where hunter numbers should be restricted, and those which should be removed from the general deer hunting season designation.

(3) Inform the commission of the condition of each deer herd management unit.

(4) Recommend to the commission, in accordance with the provisions of Sections 458 and 459, the number, if any, of antlerless deer that should be taken in deer herd management units, whether the permits should be either-sex permits, the proposed dates for the taking, and the number of permits proposed for each deer herd management unit.

(5) Recommend to the commission the establishment of any hunter-restricted quota units, if needed, and the number of the quota and manner in which the quota permits should be issued.

(c) Upon receipt of the recommendations and information required by this section, the commission shall make that material known to the public, and shall also make known to the public the commission’s determinations regarding proposed regulations.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 11. (AB 1760) Effective January 1, 2024.)


citation: FGC § 500

text:
(a) The commission shall, by regulation, adopt guidelines to assist the director and the department in ascertaining the amount of civil penalties to be imposed pursuant to Section 2582 or 2583. The guidelines may include monetary amounts or ranges of monetary amounts that the commission finds are adequate to deter illegal actions and partially compensate the people of California for losses to the fish and wildlife resources from illegal transactions described in Section 2582 or 2583 for profit or personal gain.

(b) If the violation involves birds, mammals, amphibians, reptiles, or fish with a value in the aggregate of less than four hundred dollars ($400) and involves only the transportation, taking, or receipt of fish or wildlife taken or possessed in violation of this code, the guidelines shall provide that the civil penalty shall not exceed the maximum criminal fine provided by law for the violation in this code or ten thousand dollars ($10,000), whichever is less. For purposes of this section, “value” means the retail market value if a market value exists, the potential monetary gain to the accused or, for commercial species, the established retail market value.

(c) The guidelines shall include consideration of the nature, circumstances, extent, and gravity of the prohibited acts committed, and the degree of culpability of the violator, including lesser penalties for acts which have little significant effect upon the resources and greater penalties for acts which may cause serious injury to the resources.

(d) Nothing in this chapter or in Chapter 6.5 (commencing with Section 2580) of Division 3 shall be used to establish a monetary value for fish or wildlife resources in connection with any development, project, or land or water use plan or activity as permitted by any federal, state, or local governmental activity. This chapter does not apply to any action brought to recover civil damages under Section 2014.

history: (History: Added by Stats. 1988, Ch. 1059, Sec. 3.)

path: 1. FISH AND GAME COMMISSION > 6. Damages from Poaching and Illegal Sales


citation: FGC § 700

text:
(a) There is in the Natural Resources Agency a Department of Fish and Wildlife administered through the director.

(b) The Department of Fish and Wildlife shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the Department of Fish and Game.

(c) Whenever the term “Department of Fish and Game” appears in a law, the term means the “Department of Fish and Wildlife.”

(d) No existing supplies, forms, insignias, signs, logos, uniforms, or emblems shall be destroyed or changed as a result of changing the name of the Department of Fish and Game to the Department of Fish and Wildlife, and those materials shall continue to be used until exhausted or unserviceable.

history: (History: Amended by Stats. 2012, Ch. 559, Sec. 8. (AB 2402) Effective January 1, 2013.)

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 § 701

text: The director shall be appointed by the Governor, and receive the annual salary provided for by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.

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

article: 1. Generally


text: There shall be one deputy director of the department who shall be a civil executive officer and shall be appointed by the Governor and serve at the pleasure of the Governor. The compensation of the deputy director shall be fixed by the director pursuant to law. The deputy director shall have such duties as shall be assigned, from time to time, by the director, and shall be responsible to the director for the performance thereof.

history: (History: Added by Stats. 1980, Ch. 931, Sec. 1.)

article: 1. Generally


text: The director or one or more of his designees may accept the office of director or alternate director of an entity established by a joint powers agreement providing for the establishment and conduct of an areawide waste management planning process in accordance with the provisions of Section 208 of the Federal Water Pollution Control Act. Such office of director or alternate director of a joint powers entity is deemed compatible with the office of director and the office or employment of such persons as the director may so designate to serve such an entity established by a joint powers agreement.

history: (History: Added by Stats. 1975, Ch. 868.)

article: 1. Generally


citation: FGC § 702

text: This code shall be administered and enforced through regulations adopted only by the department, except as otherwise specifically provided by this code or where this code requires the commission to adopt regulations.

history: (History: Amended by Stats. 1996, Ch. 870, Sec. 4.5. Effective January 1, 1997.)

article: 1. Generally


text:
(a) The department, on or before January 1, 2016, shall prepare and submit to the relevant policy and fiscal committees of the Legislature a feasibility study report on an electronic system to manage citations issued by fish and game wardens, exchange information on citations with the courts, and transfer data on court dispositions to the Automated License Data System.

(b) (1) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report pursuant to subdivision (a) shall become inoperative on January 1, 2017.

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

history: (History: Added by Stats. 2012, Ch. 559, Sec. 9. (AB 2402) Effective January 1, 2013.)

article: 1. Generally


citation: FGC § 703

text:
(a) General policies for the conduct of the department shall be formulated by the commission. The director shall be guided by those policies and shall be responsible to the commission for the administration of the department in accordance with those policies.

(b) The department shall respond to requests from the Department of Forestry and Fire Protection, acting as the lead agency for the review of timber harvesting plans, within the time period required under Section 4582.6 of the Public Resources Code, unless additional time is granted by the Department of Forestry and Fire Protection. The department shall include specific comments or recommendations, or both, on any significant environmental issues raised by the proposed timber harvesting plan in its area of jurisdiction, including any proposed mitigation measures. The department shall also identify its statutory authority for any requests or recommendations for mitigation that it may determine to be necessary. If the department has no comment to make on the proposed timber harvesting plan, it is not required to submit a response.

history: (History: Amended by Stats. 1995, Ch. 612, Sec. 1. Effective January 1, 1996.)

article: 1. Generally


text: It is the policy of the state that the department and commission use ecosystem-based management informed by credible science in all resource management decisions to the extent feasible. It is further the policy of the state that scientific professionals at the department and commission, and all resource management decisions of the department and commission, be governed by a scientific quality assurance and integrity policy, and follow well-established standard protocols of the scientific profession, including, but not limited to, the use of peer review, publication, and science review panels where appropriate. Resource management decisions of the department and commission should also incorporate adaptive management to the extent possible.

history: (History: Added by Stats. 2012, Ch. 559, Sec. 10. (AB 2402) Effective January 1, 2013.)

article: 1. Generally


text:
It is the policy of the state as follows:

(a) That the department and the commission seek to create, foster, and actively participate in effective partnerships and collaborations with other agencies and stakeholders to achieve shared goals and to better integrate fish and wildlife resource conservation and management with the natural resource management responsibilities of other agencies.

(b) That the department and commission participate in interagency coordination processes that facilitate consistency and efficiency in review of projects requiring multiple permits, including, but not necessarily limited to, joint state, federal, and local permit review teams that enable early consultation with project applicants, and provide improved sharing of data, information, tools, and science to achieve better alignment of planning, policies, and regulations across agencies.

history: (History: Added by Stats. 2012, Ch. 559, Sec. 11. (AB 2402) Effective January 1, 2013.)

article: 1. Generally


citation: FGC § 704

text:
(a) Notwithstanding any other provision of law, the director is the appointing power of all employees within the department, and all employees in the department are responsible to the director for the proper carrying out of the duties and responsibilities of their respective positions.

(b) The changes made to subdivision (a) during the 2001–02 Regular Session of the Legislature are declaratory of existing law.

history: (History: Amended by Stats. 2001, Ch. 398, Sec. 1.5. Effective January 1, 2002.)

article: 1. Generally


citation: FGC § 705

text:
(a) For purposes of this section, “eligible renewable energy resources” has the same meaning as in the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).

(b) The department shall establish an internal division with the primary purpose of performing comprehensive planning and environmental compliance services with priority given to projects involving the building of eligible renewable energy resources.

(c) The internal division shall ensure the timely completion of plans pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3).

history: (History: Added by Stats. 2011, 1st Ex. Sess., Ch. 1, Sec. 2. (SB 2 1x) Effective December 10, 2011.)

article: 1. Generally


citation: FGC § 706

text: The provisions of Chapter 2 (commencing at Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code shall govern and apply to the conduct of the department in every respect. Whenever in that chapter the term “head of the department” or similar designation occurs, for the purposes of this section it shall mean the director.

history: (History: Amended by Stats. 2015, Ch. 154, Sec. 22. (AB 1527) Effective January 1, 2016.)

article: 1. Generally


citation: FGC § 707

text: It is the duty of the attorney for the department to act as counsel in defense of any officer or deputy of the department in any suit for damages brought against the officer or deputy on account of injuries to persons or property alleged to have been received as a result of the negligence or misconduct of the officer or deputy occurring while the officer or deputy was performing his official duties.

article: 1. Generally


citation: FGC § 709

text: A nonprofit organization designated by the department to assist in the sale of deer, elk, antelope, or bighorn sheep fundraising tags that are sold on behalf of the department for the purpose of raising funds for specified programs and projects, pursuant to subdivision (c) of Section 331, subdivision (d) of Section 332, subdivision (a) of Section 4334, or subdivision (d) of Section 4902, is authorized to retain 5 percent of the amount of the sale price of the tag as a reasonable vendor fee.

history: (History: Added by Stats. 2014, Ch. 467, Sec. 2. (AB 2105) Effective January 1, 2015.)

article: 1. Generally


citation: FGC § 710

text: The Legislature finds and declares that the department has in the past not been adequately funded to meet its mandates. The principal causes have been the fixed nature of the department’s revenues in contrast with the rising costs resulting from inflation, the increased burden on the department to carry out its public trust responsibilities, and additional responsibilities placed on the department by the Legislature. This lack of funding has prevented proper planning and manpower allocation. The lack of funding has required the department to restrict warden enforcement and to defer essential management of lands acquired for wildlife conservation. The lack of funding for fish and wildlife conservation activities other than sport and commercial fishing and hunting activities has resulted in inadequate wildlife and habitat conservation and wildlife protection programs.

history: (History: Amended by Stats. 2006, Ch. 667, Sec. 9. Effective January 1, 2007.)

article: 1. Generally