DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1. - 99.5.]

Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2.

§§ 1–99.5 · 77 sections

1. CHAPTER 1. General Definitions §§ 1–89.5 · 61 sections

   • § 1 This code shall be known as the Fish and Game Code.
   • § 2 Unless the provisions or the context otherwise requires, the definitions in this chapter govern the construction of this code and all regulations adopted under…
   • § 3 The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be…
   • § 4 Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
   • § 5 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…
   • § 6 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…
   • § 7 Whenever a statement or report is required to be made, it shall be made in the English language. Nothing in this section shall prohibit the department from…
   • § 8 The present tense includes the past and future tenses, and the future, the present.
   • § 9 The masculine gender includes the feminine and the neuter.
   • § 9.2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
   • § 10 The singular number includes the plural, and the plural, the singular.
   • § 11 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…
   • § 12 Wherever the term “Fish Commission Fund” or “Game Preservation Fund” appears in any law, it means “Fish and Game Preservation Fund.”
   • § 13 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…
   • § 13.5 “Adaptive management,” unless otherwise specified in this code, means management that improves the management of biological resources over time by using new…
   • § 14 “Anadromous fish” means fish which spawn in fresh water and spend a portion of their lives in the ocean.
   • § 15 “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…
   • § 16 “Affix” means physically attached to or imprinting an electronic validation to a license document.
   • § 17 “Aquaculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine,…
   • § 18 “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…
   • § 19 “Possession limit” means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person.
   • § 22 “Bird” means a wild bird or part of a wild bird.
   • § 24 “Buy” includes an offer to buy, purchase, barter, exchange, or trade.
   • § 27 “Chumming” means the placing in the water of fish, or other material upon which fish feed, for the purpose of attracting fish to a particular area in order…
   • § 29 “Closed season” means that period of time during which the taking of birds, mammals, fish, amphibians, or reptiles is prohibited.
   • § 30 “Commission” means the Fish and Game Commission, and “commissioner” means a member of the Fish and Game Commission.
   • § 32 “County” includes city and county.
   • § 33 “Credible science” means the best available scientific information that is not overly prescriptive due to the dynamic nature of science, and includes the…
   • § 35 “Day” means calendar day, and “week” means calendar week.
   • § 37 “Department” means the Department of Fish and Wildlife.
   • § 39 “Director” means the Director of Fish and Wildlife.
   • § 41 “District” means fish and game district.
   • § 43 “Ecosystem-based management” means an environmental management approach relying on credible science, as defined in Section 33, that recognizes the full array…
   • § 45 “Fish” means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals.
   • § 46 “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…
   • § 48 “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…
   • § 51 “Kelp” means kelp or other marine aquatic plants and the seeds thereof.
   • § 54 “Mammal” means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro.
   • § 54.5 “Marine finfish aquaculture” means the propagation, cultivation, or maintenance of finfish species in the waters of the Pacific Ocean that are regulated by…
   • § 55 “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…
   • § 56 “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…
   • § 57 “Nonresident” means a person who is not a resident as defined in Section 70.
   • § 60 “Oath” includes affirmation.
   • § 61 “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…
   • § 62 “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…
   • § 64 “Order,” “rule,” and “regulation” are used interchangeably and each includes the others.
   • § 67 “Person” means any natural person or any partnership, corporation, limited liability company, trust, or other type of association.
   • § 68 “Purchase” means “buy” as defined in Section 24.
   • § 70 “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…
   • § 73 “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…
   • § 75 “Sell” includes offer or possess for sale, barter, exchange, or trade.
   • § 79 “Shall” is mandatory and “may” is permissive.
   • § 80 Unless the provision or context otherwise requires, a provision of this code that applies to a whole animal also applies to a part of the animal.
   • § 81 “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…
   • § 82 “Slurp gun” means a self-contained, hand-held device used to capture fish by rapidly drawing water containing fish into a closed chamber.
   • § 83 “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…
   • § 86 “Take” means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.
   • § 88 “Transport” includes offer or receive for transportation.
   • § 89 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…
   • § 89.1 “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…
   • § 89.5 “Wildlife” means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which…
2. CHAPTER 2. Marine Life Definitions §§ 90–99.5 · 16 sections

   • § 90 The definitions in this chapter govern the construction of Section 1022, Chapter 7 (commencing with Section 1700) of Division 2, and Division 6 (commencing…
   • § 90.1 “Adaptive management,” in regard to a marine fishery, means a scientific policy that seeks to improve management of biological resources, particularly in areas…
   • § 90.5 “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.
   • § 90.7 “Depressed,” with regard to a marine fishery, means the condition of a fishery for which the best available scientific information, and other relevant…
   • § 91 “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…
   • § 93 “Essential fishery information,” with regard to a marine fishery, means information about fish life history and habitat requirements; the status and trends of…
   • § 94 “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…
   • § 96 “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…
   • § 96.5 “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,…
   • § 97 “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…
   • § 97.5 “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…
   • § 98 “Overfishing” means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department…
   • § 98.2 “Participants” in regard to a fishery means the sportfishing, commercial fishing, and fish receiving and processing sectors of the fishery.
   • § 98.5 “Population” or “stock” means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit.
   • § 99 “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…
   • § 99.5 “Sustainable,” “sustainable use,” and “sustainability,” with regard to a marine fishery, mean both of the following: (a) Continuous replacement of resources,…