DIVISION 1. FISH AND GAME COMMISSION [101. - 500.]

Division 1 enacted by Stats. 1957, Ch. 456.

§§ 101–500 · 75 sections

1. CHAPTER 1. Organization §§ 101–110 · 11 sections

   • § 101 There is in the Resources Agency the Fish and Game Commission created by Section 20 of Article IV of the Constitution.
   • § 101.5 (a) The Legislature finds and declares that the scope and responsibilities of the commission have significantly expanded over the years as the size and…
   • § 102 (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.…
   • § 103 (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…
   • § 104 The commission may employ a staff, including an executive director, to assist the commission in conducting its operations, but neither the commission nor its…
   • § 105 The commission shall form a marine resources committee from its membership consisting of at least one commissioner. The committee shall report to the…
   • § 106 The commission shall form a wildlife resources committee from its membership consisting of at least one commissioner. The committee shall report to the…
   • § 106.5 The commission shall form a tribal committee from its membership consisting of at least one commissioner. The committee shall report to the commission from…
   • § 107 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…
   • § 108 By July 1, 2013, the commission shall adopt rules to govern the business practices and processes of the commission.
   • § 110 (a) The commission shall hold no fewer than eight regular meetings per calendar year, if the commission has adequate funding for related travel, including…
2. CHAPTER 2. Regulation of Take and Possession Generally §§ 200–275 · 12 sections

   1. ARTICLE 1. Authority §§ 200–219 · 6 sections

      • § 200 (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…
      • § 201 Nothing in this article confers upon the commission any power to regulate any natural resources or commercial or other activity connected therewith, except as…
      • § 203 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,…
      • § 203.1 When adopting regulations pursuant to Section 203, the commission shall consider populations, habitat, food supplies, the welfare of individual animals, and…
      • § 205 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…
      • § 219 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…
   2. ARTICLE 2. Procedure §§ 250–275 · 6 sections

      • § 250 (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,…
      • § 255 (a) When adopting, amending, or repealing a regulation governed by this article, the commission shall conduct the following steps at separate public meetings:…
      • § 260 (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…
      • § 265 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,…
      • § 270 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…
      • § 275 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…
3. CHAPTER 3. Other Regulatory Powers §§ 301–398 · 37 sections

   1. ARTICLE 1. Generally §§ 301–317 · 17 sections

      • § 301 The commission may adopt regulations that it deems necessary for the disposition of birds or mammals that are killed accidentally.
      • § 302 When adopting regulations pursuant to any authority otherwise vested in the commission by this code, the commission shall annually determine whether to…
      • § 303 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…
      • § 306 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…
      • § 307 (a) Whenever after due investigation the commission finds that game fish, resident or migratory birds, game or fur-bearing mammals, amphibians, or reptiles…
      • § 308 Notwithstanding any other provisions of this code, in District 22 the taking of birds, mammals, fish, amphibians, or reptiles shall be subject to regulations…
      • § 308.5 For the preservation, protection and restoration of mountain sheep and other birds and mammals in arid regions of the state, the commission, in cooperation…
      • § 309 (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…
      • § 310 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.
      • § 312 (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…
      • § 313 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…
      • § 314 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…
      • § 315 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…
      • § 315.3 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…
      • § 316 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…
      • § 316.5 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…
      • § 317 Any organization conducting a special hunt for servicemen or veterans residing in or assigned to a United States veterans or armed services medical facility…
   2. ARTICLE 2. Special Seasons §§ 325–330 · 6 sections

      • § 325 Whenever after due investigation the commission finds that game mammals, other than deer, and fur-bearing mammals and resident game birds have increased in…
      • § 326 Before adopting a regulation pursuant to Section 325, the commission at an open meeting shall publicly announce the contents of the proposed regulation, and…
      • § 327 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…
      • § 328 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…
      • § 329 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…
      • § 330 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.
   3. ARTICLE 2.1. Antelope and Elk §§ 331–332 · 2 sections

      • § 331 (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…
      • § 332 (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…
   4. ARTICLE 3. Migratory Birds §§ 355–357 · 3 sections

      • § 355 (a) The commission may annually adopt regulations pertaining to migratory birds to conform with or to further restrict the rules and regulations prescribed…
      • § 356 (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.…
      • § 357 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…
   5. ARTICLE 4. California-Arizona Compact § 375 · 1 section

      • § 375 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…
   6. ARTICLE 5. Reciprocal Agreements With Adjoining States §§ 390–393 · 4 sections

      • § 390 The commission, subject to the approval of the Attorney General, may enter into reciprocal agreements with corresponding state or county official agencies of…
      • § 391 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…
      • § 392 (a) The director, or a designated representative, may enter into reciprocal operational agreements with authorized representatives of any Oregon, Nevada, or…
      • § 393 (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…
   7. ARTICLE 6. Falconry §§ 395–398 · 4 sections

      • § 395 (a) The commission may adopt regulations for the possession or training, and the capture, importation, exportation, or intrastate transfer, of any bird in the…
      • § 396 (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…
      • § 397 (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…
      • § 398 The base year for determining the inflationary index applied to the fee established by Section 396 shall be the 1984–85 fiscal year.
4. CHAPTER 3.5. Emergency Regulations § 399 · 1 section

   • § 399 Notwithstanding any other provision of this code, the commission, when adopting, amending, or repealing a regulation pursuant to authority vested in it by this…
5. CHAPTER 4. Acceptance of Federal Acts §§ 400–401 · 2 sections

   • § 400 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…
   • § 401 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…
6. CHAPTER 5. Management of Deer §§ 450–460 · 11 sections

   • § 450 It is hereby declared to be the policy of the Legislature to encourage the conservation, restoration, maintenance, and utilization of California’s wild deer…
   • § 451 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…
   • § 452 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…
   • § 453 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…
   • § 454 Such management plans shall contain the following program elements: (a) Document existing information on deer herd management units and programs to obtain…
   • § 455 Deer herd management unit plans shall be reviewed annually and shall be the basis for department recommendations to the commission pursuant to this chapter.
   • § 456 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…
   • § 457 (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,…
   • § 458 (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…
   • § 459 (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…
   • § 460 (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…
7. CHAPTER 6. Damages from Poaching and Illegal Sales § 500 · 1 section

   • § 500 (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…