DIVISION 3. FISH AND GAME GENERALLY [2000. - 2954.]
Division 3 enacted by Stats. 1957, Ch. 456.
§§ 2000–2954 · 343 sections
CHAPTER 1. Taking and Possessing in General §§ 2000–2024 · 31 sections
- § 2000 (a) It is unlawful to take a bird, mammal, fish, reptile, or amphibian except as provided in this code or in a regulation adopted pursuant to this code. (b)…
- § 2000.3 (a) As used in this chapter, “roadway” has the same meaning as defined in Section 530 of the Vehicle Code. (b) As used in this chapter, “vehicle” has the same…
- § 2000.5 (a) Notwithstanding Section 219, 2000, or any other law, and notwithstanding any requirement for a permit or license or other entitlement to take a species,…
- § 2000.6 (a) (1) Consistent with Section 91.8 of the Streets and Highways Code, the commission may establish a pilot program for the issuance of wildlife salvage…
- § 2001 (a) It is unlawful to take a mammal, bird, fish, reptile, or amphibian outside of an established season or to exceed a bag limit or possession limit…
- § 2002 It is unlawful to possess a bird, mammal, fish, reptile, amphibian, or part of any of those animals, taken in violation of this code or a regulation adopted…
- § 2003 (a) Except as specified in subdivisions (b), (c), (d), and (e), it is unlawful to offer a prize or other inducement as a reward for the taking of a game bird,…
- § 2003.5 (a) The Legislature finds and declares that the fish of this state are a vital, renewable resource which provides recreation, outdoor experiences, and food for…
- § 2003.6 The department may implement the “Adopt a Lake Program” to facilitate private groups’ and associations’ undertaking volunteer efforts to rehabilitate and…
- § 2004 It is unlawful for any person, while taking any bird, mammal, fish, reptile, or amphibian, to cause damage, or assist in causing damage, to real or personal…
- § 2005 (a) Except as otherwise authorized by this section, it is unlawful to use an artificial light to assist in the taking of a game bird, game mammal, or game…
- § 2006 (a) It is unlawful to possess a loaded rifle or shotgun in any vehicle or conveyance or its attachments which is standing on or along or is being driven on or…
- § 2007 (a) It is unlawful to set, place, or cause to be set or placed, any trap gun. (b) A “trap gun” is a firearm loaded with other than blank cartridges and…
- § 2009 (a) A person shall not willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, hunting dog…
- § 2010 (a) It is unlawful to use or possess a shotgun larger than 10-gauge, or to use or possess a shotgun capable of holding more than six cartridges at one time, to…
- § 2011 (a) It is unlawful for any person to take, mutilate, or destroy any bird or mammal lawfully in the possession of another. (b) For the purpose of this section,…
- § 2011.5 (a) It is unlawful for a person to remove from a hunting dog any collar, including an electronic or radio transmitting device, without possessing written…
- § 2012 All licenses, tags, and the birds, mammals, fish, reptiles, or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed…
- § 2013 Unless otherwise provided, the provisions of this code relating to the possession of birds, mammals, fish, reptiles, or amphibians apply to birds, mammals,…
- § 2014 (a) It is the policy of this state to conserve its natural resources and to prevent the willful or negligent destruction of birds, mammals, fish, reptiles, or…
- § 2015 (a) Except as otherwise provided in this section, it is unlawful to possess a bird, mammal, fish, amphibian, or reptile, that may not be legally sold, in a…
- § 2016 (a) It is unlawful to enter land for the purpose of discharging a firearm or taking or destroying a mammal or bird, including waterfowl, on that land, without…
- § 2017 (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to import, cause to be imported, export, cause to be exported,…
- § 2018 It is unlawful to post any sign indicating an area is a state or federal refuge unless it is established by state or federal law, or to post any sign…
- § 2019 It is unlawful for any person, including state, federal, county, and city officials or their agents, to authorize, offer or pay a bounty for any bird or…
- § 2020 It is unlawful to violate any provision of Division 1 (commencing with Section 1.04) of Title 14 of the California Code of Regulations. Violation of such a…
- § 2021 (a) As used in this section “shark fin” means the raw, dried, or otherwise processed detached fin, or the raw, dried, or otherwise processed detached tail, of…
- § 2021.5 (a) Notwithstanding Section 2021, all of the following provisions apply: (1) Any person who holds a license or permit issued by the department to take or land…
- § 2022 (a) For the purposes of this section, the following terms have the following meanings: (1) “Bona fide educational or scientific institution” means an…
- § 2023 (a) For purposes of this section, the following definitions apply: (1) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached…
- § 2024 (a) The Legislature finds and declares all of the following: (1) Illegal poaching of the state’s native plants is a threat to the state’s biodiversity, can put…
CHAPTER 1.5. Endangered Species §§ 2050–2089.25 · 89 sections
ARTICLE 1. General Provisions §§ 2050–2068 · 17 sections
- § 2050 This chapter shall be known and may be cited as the California Endangered Species Act.
- § 2051 The Legislature hereby finds and declares all of the following: (a) Certain species of fish, wildlife, and plants have been rendered extinct as a consequence…
- § 2052 The Legislature further finds and declares that it is the policy of the state to conserve, protect, restore, and enhance any endangered species or any…
- § 2052.1 The Legislature further finds and declares that if any provision of this chapter requires a person to provide mitigation measures or alternatives to address a…
- § 2053 (a) The Legislature further finds and declares that it is the policy of the state that public agencies should not approve projects as proposed which would…
- § 2054 The Legislature further finds and declares that, in the event specific economic, social, or other conditions make infeasible such alternatives, individual…
- § 2055 The Legislature further finds and declares that it is the policy of this state that all state agencies, boards, and commissions shall seek to conserve…
- § 2056 The Legislature further finds and declares that the cooperation of the owners of land which is identified as habitat for endangered species and threatened…
- § 2060 The definitions in this article govern the construction of this chapter.
- § 2061 “Conserve,” “conserving,” and “conservation” mean to use, and the use of, all methods and procedures which are necessary to bring any endangered species or…
- § 2062 “Endangered species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct…
- § 2063 “Feasible” means feasible as defined in Section 21061.1 of the Public Resources Code.
- § 2064 “Project” means project as defined in Section 21065 of the Public Resources Code.
- § 2064.5 “Recover” and “recovery” mean to improve, and improvement in, the status of a species to the point at which listing is no longer appropriate under the criteria…
- § 2065 “State lead agency” means the state agency, board, or commission which is a lead agency under the California Environmental Quality Act (Division 13 (commencing…
- § 2067 “Threatened species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that, although not presently threatened with…
- § 2068 “Candidate species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as…
ARTICLE 2. Listing of Endangered Species §§ 2070–2079.1 · 25 sections
- § 2070 The commission shall establish a list of endangered species and a list of threatened species. The commission shall add or remove species from either list if it…
- § 2071 The commission shall adopt guidelines by which an interested person may petition the commission to add a species to, or to remove a species from either the…
- § 2071.5 The department shall recommend, and the commission shall adopt, criteria for determining if a species is endangered or threatened.
- § 2072 The petition shall be written, shall be clearly identified as a petition, and shall clearly indicate the administrative measure recommended.
- § 2072.3 To be accepted, a petition shall, at a minimum, include sufficient scientific information that a petitioned action may be warranted. Petitions shall include…
- § 2072.7 The department may, in the absence of a petition from an interested party, recommend to the commission that it add a species to, or remove a species from,…
- § 2073 Within 10 days of the receipt of a petition from an interested person under Section 2072.3, the commission shall refer the petition to the department.
- § 2073.3 (a) The commission shall publish a notice in the California Regulatory Notice Register of the receipt of a petition prepared pursuant to Section 2072.3 by the…
- § 2073.4 (a) A person may submit information to the department relating to the petitioned species during the evaluation of the petition pursuant to Section 2073.5. The…
- § 2073.5 (a) Within 90 days of receipt of the petition, the department shall evaluate the petition on its face and in relation to other relevant information the…
- § 2073.7 A petitioner may amend a petition at any time prior to the beginning of the meeting held by the commission pursuant to Section 2074.2. However, if the…
- § 2074 The commission shall schedule the petition for consideration at its next available meeting, but not sooner than 30 days after receipt of the petition and…
- § 2074.2 (a) At the meeting scheduled pursuant to Section 2074, the commission shall hold a public hearing on the petition and shall receive information, written or…
- § 2074.4 If a petition is accepted by the commission for consideration, all reasonable attempts shall be made to notify affected and interested parties and to solicit…
- § 2074.6 (a) If the commission accepts a petition for consideration, the department shall promptly commence a review of the status of the species concerned in the…
- § 2074.8 (a) This article does not impose any duty or obligation for, or otherwise require, the commission or the department to undertake independent studies or other…
- § 2075 The commission shall schedule the petition for final consideration at its next available meeting after receipt of the departmental report provided pursuant to…
- § 2075.5 (a) At the meeting scheduled pursuant to Section 2075, the commission shall hold a public hearing on the petition and shall receive information, written or…
- § 2076 Any finding pursuant to this article is subject to judicial review under Section 1094.5 of the Code of Civil Procedure.
- § 2076.5 Notwithstanding Sections 2071 to 2075.5, inclusive, the commission may adopt a regulation that adds a species to the list of endangered species or to the list…
- § 2076.7 (a) For the purposes of this section only, “federally listed species” means any species, subspecies, distinct population segment, or evolutionarily significant…
- § 2077 (a) Upon a specific appropriation of funds by the Legislature, the department shall, or if other funding is available, in the absence of a specific…
- § 2078 (a) To provide all interested persons access to information and notification of pending listing or delisting actions, the commission shall distribute the…
- § 2079 The department shall, by January 30 of every third year, beginning January 30, 1986, prepare a report summarizing the status of all state listed endangered,…
- § 2079.1 (a) Upon a specific appropriation of funds by the Legislature, or if funding is otherwise available, the department may develop and implement nonregulatory…
ARTICLE 3. Taking, Importation, Exportation, or Sale §§ 2080–2085 · 26 sections
- § 2080 No person or public agency shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, any species, or any…
- § 2080.1 (a) Notwithstanding any other provision of this chapter, or Chapter 10 (commencing with Section 1900) or Chapter 11 (commencing with Section 1925) of Division…
- § 2080.2 The Legislature finds and declares the following: (a) The historic settlement approved by Congress in the San Joaquin River Restoration Settlement Act (Part I…
- § 2080.3 (a) Notwithstanding any other provision of this chapter, if any person obtains from the Secretary of Commerce an enhancement of survival permit pursuant to…
- § 2080.4 (a) If a population of spring run Chinook salmon in the San Joaquin River is designated as an experimental population under subsection (j) of Section 1539 of…
- § 2080.5 (a) Notwithstanding any other provision of this chapter, if any person obtains from the Secretary of Commerce or the Secretary of the Interior an enhancement…
- § 2080.6 (a) For purposes of this chapter, “experimental population” means any population nonessential to the continued existence of an endangered, threatened, or…
- § 2080.7 It is the intent of the Legislature that, before the introduction of an experimental population, as defined in Section 2080.6, onto land or into waters of this…
- § 2081 The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows: (a) Through permits or memorandums of understanding, the…
- § 2081.1 Nothing in this chapter or in any other provision of law prohibits the taking or the incidental taking of any endangered, threatened, or candidate species if…
- § 2081.2 (a) For purposes of this section, the following terms have the following meanings: (1) “Permit” means any authorization issued by the department pursuant to…
- § 2081.4 (a) The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the…
- § 2081.5 (a) The department may authorize under this chapter, by permit, the take of the Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum) resulting…
- § 2081.6 (a) The department may authorize, under this chapter, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from…
- § 2081.7 (a) Notwithstanding Sections 3511, 4700, 5050, and 5515, and contingent upon the fulfillment of the conditions listed in subdivisions (b), (c), and (d), the…
- § 2081.8 The Resources Agency shall undertake the necessary activities to assess the protection of recreational opportunities, including, but not limited to, hunting,…
- § 2081.9 (a) Notwithstanding Section 5050, the department may authorize, under this chapter, the incidental take of limestone salamander (Hydromantes brunus) resulting…
- § 2081.10 (a) The department may authorize, under this chapter, the incidental take of unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) attributable…
- § 2081.11 (a) The department may authorize, under this chapter, the take or possession of the Lost River sucker (Deltistes luxatus and Catostomus luxatus) and shortnose…
- § 2081.12 (a) The department may authorize, under this chapter, by permit, the take or possession of the blunt-nosed leopard lizard (Gambelia sila) resulting from…
- § 2081.13 (a) Notwithstanding Sections 3511 and 4700, the department may authorize, under this chapter, the incidental take of the salt-marsh harvest mouse…
- § 2081.15 (a) Notwithstanding Sections 3511, 4700, 5050, and 5515, and subject to the requirements set forth in subdivisions (c) to (g), inclusive, the department may…
- § 2082 This chapter does not prohibit the sale of any endangered species or threatened species, or any part or product thereof, when the owner can demonstrate that…
- § 2083 This chapter does not apply to the taking of fish otherwise authorized pursuant to Part 3 (commencing with Section 7600) of Division 6 or to the possession of…
- § 2084 (a) The commission may authorize, subject to terms and conditions it prescribes, and based on the best available scientific information, (1) the taking of any…
- § 2085 The provisions of this article shall apply to any species designated as a candidate species under Section 2074.2 if notice has been given pursuant to Section…
ARTICLE 3.5. Incidental Take Associated with Routine and Ongoing Activities §§ 2086–2089 · 4 sections
- § 2086 (a) The department, in cooperation with the Department of Food and Agriculture, agricultural commissioners, extension agents, farmers, ranchers, and other…
- § 2087 (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee…
- § 2088 This article does not authorize the take of fish species and does not apply to timber harvesting governed by the State Board of Forestry. “Fish species” as…
- § 2089 Routine and ongoing agricultural activities shall be defined by the department by regulation and shall not include the conversion of agricultural land to a…
ARTICLE 3.7. California State Safe Harbor Agreement Program Act §§ 2089.2–2089.25 · 17 sections
- § 2089.2 (a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act. (b) The Legislature finds that a key to the goals…
- § 2089.4 As used in this article, the following definitions apply: (a) “Agreement” means a state safe harbor agreement approved by the department pursuant to this…
- § 2089.5 (a) The department shall, to the maximum extent practicable, prioritize the review of, and decision to approve, an agreement if the property proposed to be…
- § 2089.6 (a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section…
- § 2089.7 The department may authorize the taking of the Owens pupfish in the Owens River watershed if the take is authorized under an agreement pursuant to this article.
- § 2089.8 The landowner shall submit all of the following: (a) A detailed map depicting the land proposed to be enrolled in the agreement. (b) The common and scientific…
- § 2089.9 (a) As used in this section, “proprietary information” means information that is all of the following: (1) Related to an agricultural operation or land that is…
- § 2089.10 If an agreement has been approved and the department finds that the agreement is being properly implemented, the department shall allow the landowner to alter…
- § 2089.12 (a) Unless the department determines that it is inappropriate to do so based on the nature of the management actions being proposed, the species listed in the…
- § 2089.14 An agreement may be amended with the mutual consent of the landowner and the department.
- § 2089.16 If a landowner seeks to sell, transfer, or otherwise alienate the land or water enrolled in the agreement during the term of the agreement, the person or…
- § 2089.18 The suspension and revocation of the agreement shall be governed by suspension and revocation regulations adopted by the department.
- § 2089.20 (a) This section does not provide the public a right of entry onto the enrolled land or water. The landowner shall provide the department, its contractors, or…
- § 2089.22 (a) If any of the following agreements have been approved pursuant to applicable provisions of federal law and the federal agreement contains species that are…
- § 2089.23 (a) A landowner that owns land that abuts a property enrolled in a state safe harbor agreement shall not be required, for purposes of an incidental take…
- § 2089.24 The department, for informational purposes, shall maintain a list of qualified persons who have worked with the department on an approved agreement, and…
- § 2089.25 The department may promulgate regulations to implement this article.
CHAPTER 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals §§ 2116–2210 · 46 sections
ARTICLE 1. Generally §§ 2116–2128 · 18 sections
- § 2116 As used in this chapter, “wild animal” means any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class…
- § 2116.5 The Legislature finds and declares that wild animals are being captured for importation and resale in California; that some populations of wild animals are…
- § 2117 As used in this chapter, “enforcing officers” means the department, the state plant quarantine officers, the local law enforcement agents, the county sheriffs,…
- § 2118 It is unlawful to import, transport, possess, or release alive into this state, except under a revocable, nontransferable permit as provided in this chapter…
- § 2118.2 Except as provided in Section 1007, it is unlawful to import any elk (genus Cervus) into this state. The department may import elk pursuant to Section 1007, if…
- § 2118.3 No part of any elk horn or antler shall be removed from any live elk for commercial purposes.
- § 2118.4 The department shall seize any elk imported in violation of Section 2118.2.
- § 2118.5 The commission may designate wild animals which may be possessed without a permit.
- § 2119 The department shall publish from time to time as changes arise, a list of animals that may not be imported or transported into this state.
- § 2120 (a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession,…
- § 2121 No person having possession or control over any wild animal under this chapter shall intentionally free, or knowingly permit the escape, or release of such an…
- § 2122 The commission shall promulgate regulations in cooperation with the State Department of Food and Agriculture for the guidance of enforcing officers. Such…
- § 2123 The department in cooperation with the State Department of Food and Agriculture shall furnish descriptive and illustrative material concerning the wild animals…
- § 2124 (a) Except as otherwise authorized by this code or regulations adopted pursuant to this code, including, but not limited to, those provisions that authorize…
- § 2125 (a) In addition to any other penalty provided by law, any person who violates this chapter or any regulations implementing this chapter, is subject to a civil…
- § 2126 (a) Except as otherwise authorized by this code or regulations made pursuant thereto, it is unlawful for any person to take any mammal enumerated in or…
- § 2127 (a) The department may reimburse eligible local entities, pursuant to a memorandum of understanding entered into pursuant to this section, for costs incurred…
- § 2128 (a) (1) Any person who houses, possesses, manages, or is in direct contact with an elephant shall not do either of the following: (A) Use a bullhook, ankus,…
ARTICLE 2. Permits §§ 2150–2157 · 12 sections
- § 2150 (a) (1) The department, in cooperation with the Department of Food and Agriculture, may, upon application, issue a written permit to import into, possess, or…
- § 2150.1 Fees collected pursuant to this chapter for permits, permit applications, and facility inspections shall be deposited in the Fish and Game Preservation Fund.…
- § 2150.2 The department shall establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering,…
- § 2150.3 (a) The director shall appoint a committee to advise the director on the humane care and treatment of wild animals. (b) The committee shall make…
- § 2150.4 (a) The department or an eligible local entity shall inspect the wild animal facilities, as determined by the director’s advisory committee, of each person…
- § 2150.5 Classes, orders, families, genera, and species which may not be imported, transported, possessed, or released alive in this state solely because of concern for…
- § 2151 A permit shall be issued only upon written application from the person desiring to import or transport the species, enumerating all of the following: (a) The…
- § 2152 Each permit issued shall set forth all of the following: (a) The number and true scientific name of the species of wild animal for which the permit is granted.…
- § 2153 Whenever any permit is issued under the provisions of this article, one copy shall be sent by the department to the State Department of Food and Agriculture,…
- § 2155 The provisions of this chapter and regulations adopted pursuant thereto shall apply to the progeny of any wild animal imported or possessed under such laws and…
- § 2156 Neither the provisions of this chapter nor the regulations of the commission shall prevent any city or county from enacting ordinances relating to the…
- § 2157 (a) Every person holding a permit issued pursuant to Section 2150 shall uniquely identify each wild mammal that poses a risk to the health and safety of the…
ARTICLE 3. Regulation and Enforcement §§ 2185–2195 · 8 sections
- § 2185 (a) Any person who transports, receives, or imports into the state, or transports within the state, any live wild animal enumerated in or designated pursuant…
- § 2186 (a) If during inspection upon arrival any wild animal is found to be diseased, or there is reason to suspect the presence of disease, or there is reason to…
- § 2187 (a) Whenever any wild animal is brought into this state under permit, as provided in this chapter, the enforcing officers may, from time to time, examine the…
- § 2189 (a) As used in this section “nonnative wild animal” means any nonnative animal species, or hybrid thereof, that is not normally domesticated pursuant to this…
- § 2190 It is unlawful for any person who keeps in confinement, with or without a permit, any wild animal of a species enumerated in or designated pursuant to Section…
- § 2192 Notwithstanding Part 2.5 (commencing with Section 18900) of Division 13 of the Health and Safety Code, Section 11356 of the Government Code, or any other…
- § 2193 (a) Every person who holds a permit issued pursuant to Section 2150 shall immediately report by telephone the intentional or unintentional escape or release of…
- § 2195 When a wild animal enumerated in, or designated pursuant to, Section 671 of Title 14 of the California Code of Regulations is properly confiscated by the…
ARTICLE 4. Mammals Used for Hire §§ 2200–2203 · 4 sections
- § 2200 For purposes of this article, “mammal” means any wild animal of the class Mammalia as specified in Article 1 (commencing with Section 2116) or regulations…
- § 2201 The Animal Trust Fund is hereby established in the State Treasury. Upon appropriation by the Legislature, the money in the fund is available to the department…
- § 2202 The department may seek grants and accept donations from private and public organizations and agencies for the purposes of this article for deposit in the…
- § 2203 (a) The director, with the advice of the committee established pursuant to Section 2150.3, shall adopt regulations to establish and administer a grant program,…
ARTICLE 5. Circus Cruelty Prevention Act §§ 2207–2210 · 4 sections
- § 2207 This article shall be known, and may be cited, as the Circus Cruelty Prevention Act.
- § 2208 (a) For purposes of this article, except as provided in subdivision (b), the term “circus” means a performance before a live audience in which entertainment…
- § 2209 (a) Notwithstanding any other law, a person shall not sponsor, conduct, or operate a circus in this state that uses any animal other than a domestic dog,…
- § 2210 (a) In addition to any other penalty provided by law, a person who violates this article, or any rule or regulation adopted pursuant to this article, shall be…
CHAPTER 3. Importation and Transportation of Live Plants and Animals §§ 2225–2272 · 6 sections
ARTICLE 1. Birds § 2225 · 1 section
- § 2225 Except as otherwise provided, it is unlawful for any common carrier to transport any live protected nongame bird or any live resident or migratory game bird…
ARTICLE 2. Mammals § 2250 · 1 section
- § 2250 It is unlawful to import or transport any live muskrat (genus Ondatra) into, or possess any live muskrat in, California except under permit issued by the…
ARTICLE 3. Aquatic Plants and Animals §§ 2270–2272 · 4 sections
- § 2270 It is unlawful for any person to receive, bring, or cause to be brought into this state, for the purpose of propagation, any fish, reptile, amphibian, or…
- § 2270.5 Section 2270 does not apply to the importation of live aquatic plants or animals for aquaculture purposes by a registered aquaculturist if the importation has…
- § 2271 (a) No live aquatic plant or animal may be imported into this state without the prior written approval of the department pursuant to regulations adopted by the…
- § 2272 Each package containing any live aquatic plant or animal shall bear, in a conspicuous place, a tag on which shall be stated the name and address of the…
CHAPTER 3.5. Aquatic Invasive Species §§ 2300–2303 · 4 sections
- § 2300 (a) No person shall sell, possess, import, transport, transfer, release alive in the state, or give away without consideration the salt water algae of the…
- § 2301 (a) (1) Except as authorized by the department, a person shall not possess, import, ship, or transport in the state, or place, plant, or cause to be placed or…
- § 2302 (a) Any person, or federal, state, or local agency, district, or authority that owns or manages a reservoir, as defined in Section 6004.5 of the Water Code,…
- § 2303 For purposes of this chapter, “invasive mussel” means any nonnative detrimental mussel species that is capable of spreading in freshwater and is listed in a…
CHAPTER 4. Importation and Transportation of Dead Birds, Mammals, Fish, Reptiles, and Amphibia §§ 2345–2401 · 24 sections
ARTICLE 1. Dead Wild Birds, Mammals, Fish, Reptiles, and Amphibia §§ 2345–2371 · 22 sections
- § 2345 This article applies to all dead wild birds, mammals, fish, reptiles, and amphibians. This article also applies to live mollusks and crustaceans that are…
- § 2346 It is unlawful for a common carrier or his or her agent to transport for, or to receive for transportation from, any one person, during any interval of time,…
- § 2347 It is unlawful for any person to offer for transportation by common carrier during any interval of time more than the bag limit of birds, mammals, fish,…
- § 2348 (a) The outside of a package offered to or received by a common carrier or the carrier’s agent for transportation, or transported by a common carrier or agent,…
- § 2349 No bird, mammal, fish, reptile, or amphibian, except smoked, cured, or dried fish other than trout, may be shipped by parcel post.
- § 2350 It is unlawful to transport or carry a deer or game bird out of this state, except by the holder of a nonresident hunting license or under a written permit…
- § 2352 Except as permitted by this code, it is unlawful for any common carrier to transport any protected nongame bird, or to transport any resident or migratory game…
- § 2353 (a) Birds, mammals, fish, reptiles, or amphibians shall not be imported or possessed in this state unless all of the following requirements are met: (1) The…
- § 2354 Marlin meat may not be transported out of this State.
- § 2355 Deer may be transported into this State only when in accordance with the law of the state in which the deer was taken, and when in accordance with the law of…
- § 2356 (a) It is unlawful to offer for shipment, ship, receive for shipment, or transport from this state, any trout taken in the waters of this state, except as…
- § 2358 It is unlawful to ship trout into an area where the season is closed unless the shipment is accompanied by a written statement containing the name and address…
- § 2359 Except as provided in Section 2363, striped bass may be transported or carried out of or into this state only as follows: (a) A resident of California, or the…
- § 2360 Black bass and spotted bass lawfully taken may be carried or transported into and possessed in an area where the season is closed.
- § 2361 It is unlawful to import into this state for commercial purposes any salmon of smaller size than can be legally taken under regulations of either the Pacific…
- § 2362 Yellowtail, barracuda, and white seabass taken in waters lying south of the maritime boundary line between the United States and Mexico, with that maritime…
- § 2363 Striped bass, sturgeon, or shad legally taken in another state that permits the sale of that fish may be imported into this state under regulations of the…
- § 2364 Crab meat from outside the State may be imported into the State under regulations of the commission.
- § 2365 Spiny lobsters may be imported into California until the twenty-sixth day after the close of the California season. Lobsters imported into California and…
- § 2368 No pismo clam taken in this State may be shipped.
- § 2369 Pismo clams taken outside this state may be imported into this state when accompanied by a United States customhouse entry certificate showing their place of…
- § 2371 Abalone or abalone meat legally taken outside this state may be imported into this state when accompanied by a United States customhouse entry certificate…
ARTICLE 2. Dead Domesticated Birds and Mammals §§ 2400–2401 · 2 sections
- § 2400 (a) A common carrier may transport the carcass of a dead domesticated game bird or mammal tagged with a domesticated game breeder’s tag as provided in Article…
- § 2401 Notwithstanding the provisions of Section 3206, the carcasses or parts of domesticated game birds which have been raised outside of this State may be imported…
CHAPTER 5. Hunting and Fishing Guides §§ 2535–2546 · 12 sections
- § 2535 As used in this chapter, “guide” means any person who is engaged in the business of packing or guiding, or who, for a fee, assists another person in taking or…
- § 2536 (a) It is unlawful for any person to engage in the business of guiding or packing, or to act as a guide for any consideration or compensation whatever, without…
- § 2537 A person operating under a commercial passenger fishing boat license issued pursuant to Section 7920 is not required to obtain a guide license.
- § 2538 An application for a guide license shall be on a form furnished by the department on request. The application shall show all of the following: (a) The name,…
- § 2539 If the licensee operates with pack or riding animals in any area in which a grazing permit is required, the license is not valid unless the holder thereof has…
- § 2540 (a) The base fee for a guide license issued to a resident is one hundred fifty dollars ($150). (b) The base fee for a guide license issued to a nonresident is…
- § 2541 Each applicant for a guide license shall submit proof of having obtained a surety bond in the amount of not less than one thousand dollars ($1,000),…
- § 2542 The commission shall adopt regulations governing the conduct and qualifications of guides to ensure the safety and welfare of persons engaging the services of…
- § 2543 The commission may require licensed guides to maintain and submit records of their operations. The records may be examined at any time by representatives of…
- § 2544 The department may refuse to issue a guide license to an applicant upon a showing of any of the following: (a) The applicant has failed to fulfill his…
- § 2545 An applicant denied a guide license by the department may request a hearing before the commission and the commission shall determine whether or not the license…
- § 2546 The commission may revoke a guide license or the privilege to guide upon a showing of any of the following: (a) The licensee has been convicted of a violation…
CHAPTER 6. Capture, Transport or Sale of Wild Rodents §§ 2575–2576 · 2 sections
- § 2575 “Wild rodents” as used in this chapter means wild ground squirrels, chipmunks, rats, mice or any other members of the order Rodentia native to California…
- § 2576 It is unlawful to knowingly capture for sale, transport for sale or sell wild rodents, except as provided in Article 1 (commencing with Section 1000) of…
CHAPTER 6.5. Control of Illegally Taken Fish and Wildlife §§ 2580–2589 · 10 sections
- § 2580 The definitions in this section govern the construction of this chapter. (a) “Qualified hearing officer” means an attorney admitted to the State Bar of…
- § 2581 If the loss is lawful under this code and regulations adopted under this code, this chapter does not apply to the loss of any bird, mammal, amphibian, reptile,…
- § 2582 (a) The department may impose an administrative penalty upon any person pursuant to this chapter for any of the following acts done for profit or personal…
- § 2583 (a) Except as provided in subdivision (b), any person who violates this code or any regulation adopted to carry out this code, and, with the exercise of due…
- § 2584 (a) Upon an actionable violation, the department shall consult, as to the appropriate civil or criminal remedy, with the district attorney in the jurisdiction…
- § 2585 The administrative penalties imposed under this chapter are in addition to any forfeiture of equipment pursuant to Section 12157 or forfeiture of birds,…
- § 2586 (a) The director may pay a reward from any funds available for that purpose to any person who furnished information which led to an arrest, a criminal…
- § 2587 (a) Notwithstanding Section 12511 of the Government Code, the department may retain or appoint legal counsel to prepare and prosecute civil actions under this…
- § 2588 All administrative penalties and revenues from forfeitures collected pursuant to this chapter shall be deposited in the Fish and Game Preservation Fund.
- § 2589 The commission and the department may adopt regulations as are necessary to carry out their responsibilities under this chapter.
CHAPTER 7. Fish and Wildlife Habitat Enhancement Act of 1984 §§ 2600–2651 · 24 sections
ARTICLE 1. General Provisions §§ 2600–2602 · 3 sections
- § 2600 This chapter shall be known and may be cited as the Fish and Wildlife Habitat Enhancement Act of 1984.
- § 2601 (a) The fundamental requirement for healthy, vigorous populations of fish and wildlife is habitat. Without adequate habitat, efforts to conserve and manage…
- § 2602 As used in this chapter, the following terms have the following meanings: (a) “Acquisition” means the acquisition of any interest in real property. (b)…
ARTICLE 2. Habitat Enhancement Program §§ 2620–2627 · 8 sections
- § 2620 All money deposited in the Fish and Wildlife Habitat Enhancement Fund shall be available for appropriation by the Legislature for the following purposes: (a)…
- § 2621 An annual amount, not to exceed one hundred thousand dollars ($100,000), may be appropriated from the funds available pursuant to subdivisions (a) and (d) of…
- § 2622 An annual amount, not to exceed two hundred fifty thousand dollars ($250,000), may be appropriated from the funds available pursuant to subdivision (c) of…
- § 2623 (a) None of the funds appropriated pursuant to this chapter may be encumbered for any purpose described in Section 1353. (b) Notwithstanding Sections 31105 and…
- § 2624 Funds available pursuant to subdivision (b) of Section 2620 may be encumbered only for lands constituting habitat that is subject to destruction, drastic…
- § 2625 No acquisition shall be undertaken with funds appropriated pursuant to Section 2620 and no grant of funds appropriated pursuant to subdivision (c) of Section…
- § 2626 (a) All restoration projects which involve the expenditure of funds available pursuant to subdivision (c) of Section 2620 shall be reviewed in accordance with…
- § 2627 (a) Funds granted pursuant to subdivision (c) of Section 2620 for any purpose, other than acquisition, shall not be encumbered by the recipient until the…
ARTICLE 3. Fiscal Provisions §§ 2640–2651 · 13 sections
- § 2640 Bonds in the total amount of eighty-five million dollars ($85,000,000), or so much thereof as is necessary, may be issued and sold to provide a fund to be used…
- § 2641 There shall be collected each year and in the same manner and at the same time as other state revenue is collected such a sum in addition to the ordinary…
- § 2642 There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter, such an amount as will equal the following: (a) Such…
- § 2643 The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Fish and Wildlife Habitat Enhancement Fund, which is hereby created.…
- § 2644 For the purposes of carrying out the provisions of this article, the Director of Finance may, pursuant to appropriate authority in each annual Budget Act,…
- § 2644.5 Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of…
- § 2645 All proposed appropriations for the program shall be included in a section in the Budget Bill for the 1984–85 fiscal year and each succeeding fiscal year for…
- § 2646 The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law…
- § 2647 Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of…
- § 2648 All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for…
- § 2649 Commencing with the Budget Bill for the 1995-96 fiscal year, the balance remaining in the fund may be appropriated by the Legislature for expenditure, without…
- § 2650 The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that…
- § 2651 If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions…
CHAPTER 7.5. Wildlife and Natural Areas Conservation Program §§ 2700–2729 · 13 sections
ARTICLE 1. General Provisions §§ 2700–2702 · 3 sections
- § 2700 This chapter shall be known and may be cited as the Wildlife and Natural Areas Conservation Act.
- § 2701 (a) The fundamental requirement for healthy, vigorous populations of fish and wildlife is habitat. Without adequate habitat, efforts to conserve and manage…
- § 2702 As used in this chapter, the following terms have the following meanings: (a) “Acquisition” means the acquiring of any interest in real property. (b) “Fund”…
ARTICLE 2. Habitat Conservation Program §§ 2720–2729 · 10 sections
- § 2720 Moneys available for the purposes of this chapter pursuant to Chapter 4 (commencing with Section 5930) of Division 5.8 of the Public Resources Code shall be…
- § 2721 Funds available pursuant to subdivision (a) of Section 2720 shall be expended to acquire, enhance, restore, or protect lands in California on which any of the…
- § 2722 (a) Whenever the application of the criteria specified in Section 2721 results in the identification of two or more parcels of land that are essentially…
- § 2723 (a) Of the total amount available pursuant to subdivision (a) of Section 2720, not more than five million dollars ($5,000,000) may be encumbered for any single…
- § 2724 (a) In choosing among two or more parcels of land to be acquired, enhanced, restored, or protected with funds available pursuant to subdivision (b) or (c) of…
- § 2725 No funds available pursuant to this chapter shall be encumbered for any lands that, due to their degraded character, will not sustain plants or wildlife or…
- § 2726 With respect to any lands which may be acquired, enhanced, restored, or protected with funds under this chapter and which could also be eligible for funds…
- § 2727 No funds available for appropriation under this chapter may be encumbered for any purpose described in Section 1353 of the Fish and Game Code.
- § 2728 An annual amount, not to exceed three hundred fifty thousand dollars ($350,000) may be appropriated from the fund in the 1988–89 through 1998–99 fiscal years,…
- § 2729 (a) For the purpose of administering this chapter, the Wildlife Conservation Board and the department shall augment its existing staff, whenever possible, by…
CHAPTER 8. Fisheries Restoration §§ 2760–2765 · 9 sections
- § 2760 This chapter shall be known and may be cited as the Keene-Nielsen Fisheries Restoration Act of 1985.
- § 2761 The Legislature finds and declares as follows: (a) Many of California’s significant fish and wildlife resources in inland and coastal waters have declined as…
- § 2762 (a) The Fisheries Restoration Account is hereby created in the Fish and Game Preservation Fund. The moneys in the Fisheries Restoration Account are hereby…
- § 2762.2 The department may advance partial finding, of up to 50 percent of the amount contracted for, to contractors for projects under subdivision (b) of Section 2762…
- § 2762.5 In addition to subdivision (b) of Section 2762, the moneys in the Fisheries Restoration Account may be expended, upon appropriation by the Legislature, by the…
- § 2762.6 The department shall, after consultation with the Advisory Committee on Salmon and Steelhead Trout, allocate that amount of moneys appropriated to the…
- § 2763 The director shall consult with the Resources Agency, the Department of Water Resources, the State Water Resources Control Board, the State Coastal…
- § 2764 The director shall consult with other responsible state agencies and appropriate fishery advisory committees, including, but not limited to, the Advisory…
- § 2765 The California Water Commission, in any recommendation it may make to the Congress of the United States on funding for water projects, shall include…
CHAPTER 9. California Wildlife Protection Act of 1990 §§ 2780–2799.6 · 19 sections
ARTICLE 1. General Provisions §§ 2780–2781 · 2 sections
- § 2780 The people of California find and declare all of the following: (a) Protection, enhancement, and restoration of wildlife habitat and fisheries are vital to…
- § 2781 The people of California find and declare that wildlife and fisheries conservation is in the public interest and that it is necessary to keep certain lands in…
ARTICLE 2. California Wildlife Protection §§ 2785–2799.6 · 17 sections
- § 2785 The following definitions govern the construction of this chapter: (a) “Acquisition” includes but is not limited to, gifts, purchases, leases, easements, the…
- § 2786 Except as otherwise expressly provided in paragraph (3) of subdivision (a) of Section 2787, the money in the Habitat Conservation Fund, which is hereby…
- § 2787 Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated, without regard to fiscal years, as follows: (a) To…
- § 2788 Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated, without regard to fiscal years, to the board. This…
- § 2789 In areas where habitats are or may become isolated or fragmented, preference shall be given by the agencies expending money from the fund to projects which…
- § 2790 Each agency receiving money from the fund pursuant to Section 2787 shall report to the board on or before July 1 of each year the amount of money that was…
- § 2791 The board shall expend the money appropriated to it from the fund subject to the following conditions: (a) Not more than one and one-half (11/2) percent shall…
- § 2792 If any agency designated in Section 2787 ceases to exist, or is otherwise unable to expend the funds appropriated by Section 2787 to that agency for the period…
- § 2793 The board and any other state or local agency that expends any funds appropriated from the fund on environmental enhancement, restoration, or improvement…
- § 2794 In implementing this chapter, the state or local agency that manages lands acquired with funds appropriated from the fund shall prepare, with full public…
- § 2795 (a) The Controller shall annually transfer 10 percent of the funds in the Unallocated Account in the Cigarette and Tobacco Products Surtax Fund to the Habitat…
- § 2796 (a) The Controller shall annually transfer the sum of thirty million dollars ($30,000,000) from the General Fund to the Habitat Conservation Fund, less any…
- § 2797 (a) The people find it necessary to acquire, restore, and improve the rapidly disappearing wildlife habitat of southern California in the quickest and most…
- § 2798 Acquisitions of real property made pursuant to this chapter shall be done in compliance with the land acquisition law as existing or as hereafter amended and…
- § 2799 Every expenditure made pursuant to this chapter shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the…
- § 2799.5 Reasonable public access to lands acquired in fee with funds made available pursuant to this chapter shall be provided except when that access may interfere…
- § 2799.6 Only those amounts of money which are transferred to the fund from the General Fund pursuant to Section 2796 may be reappropriated for purposes of this chapter…
CHAPTER 10. Natural Community Conservation Planning Act §§ 2800–2835 · 19 sections
- § 2800 This chapter shall be known, and may be cited, as the Natural Community Conservation Planning Act.
- § 2801 The Legislature finds and declares all of the following: (a) The continuing population growth in California will result in increasing demands for dwindling…
- § 2802 The Legislature further finds and declares that it is the policy of the state to conserve, protect, restore, and enhance natural communities. It is the intent…
- § 2805 The definitions in this section govern the construction of this chapter: (a) “Adaptive management” means to use the results of new information gathered through…
- § 2809 Any person, or any local, state, or federal agency, independently, or in cooperation with other persons, may undertake natural community conservation planning.
- § 2810 (a) The department may enter into an agreement with any person or public entity for the purpose of preparing a natural community conservation plan, in…
- § 2815 The department shall establish, in cooperation with the parties to the planning agreement, a process for public participation throughout plan development and…
- § 2820 (a) The department shall approve a natural community conservation plan for implementation after making the following findings, based upon substantial evidence…
- § 2821 Concurrent with the approval by the department of a final natural community conservation plan, the department shall do both of the following: (a) Establish a…
- § 2822 The department may seek injunctive relief against any plan participant, person, or entity to enforce this chapter.
- § 2823 The department shall suspend or revoke any permit, in whole or in part, issued for the take of a species subject to Section 2835 if the continued take of the…
- § 2825 The department may adopt regulations for the development and implementation of natural community conservation plans consistent with this chapter.
- § 2826 Nothing in this chapter exempts a project proposed in a natural community conservation planning area from Division 13 (commencing with Section 21000) of the…
- § 2827 To the extent practicable, implementation of natural community conservation plans shall use the services of either the California Conservation Corps or local…
- § 2828 Nothing in this chapter prohibits a local government from exercising any power or authority granted to it pursuant to state law to acquire land or water to…
- § 2829 (a) The department may be compensated for the actual costs incurred in participating in the preparation and implementation of natural community conservation…
- § 2830 Nothing in this chapter prohibits the taking or the incidental take of any identified species if the taking is authorized by the department pursuant to any of…
- § 2831 (a) Notwithstanding any other provision of law, lands designated as of January 1, 2013, as open-space lands in a document entitled “Declaration of the…
- § 2835 At the time of plan approval, the department may authorize by permit the taking of any covered species, including species designated as fully protected species…
CHAPTER 10.5. Marine Life Protection Act §§ 2850–2863 · 15 sections
- § 2850 This chapter shall be known and may be cited as the Marine Life Protection Act.
- § 2850.5 Notwithstanding any other law and consistent with the authority granted under Section 2860, commencing on July 1, 2013, the Ocean Protection Council shall…
- § 2851 The Legislature finds and declares all of the following: (a) California’s marine protected areas (MPAs) were established on a piecemeal basis rather than…
- § 2852 The following definitions govern the construction of this chapter: (a) “Adaptive management,” with regard to marine protected areas, means a management policy…
- § 2853 (a) The Legislature finds and declares that there is a need to reexamine and redesign California’s MPA system to increase its coherence and its effectiveness…
- § 2854 The State Interagency Marine Managed Areas Workgroup shall, after appropriate consultation with members of the public, determine future actions for…
- § 2855 (a) The commission shall adopt a master plan that guides the adoption and implementation of the Marine Life Protection Program adopted pursuant to Section 2853…
- § 2856 (a) (1) The department and team shall use the best readily available scientific information in preparing the master plan adopted pursuant to Section 2855, and…
- § 2857 (a) On or before July 1, 2001, the department shall convene, in each biogeographical region and to the extent practicable near major working harbors, siting…
- § 2858 The department shall establish a process for external peer review of the scientific basis for the master plan prepared pursuant to Section 2855. The peer…
- § 2859 (a) On or before January 1, 2005, the department shall submit to the commission a draft of the master plan prepared pursuant to this chapter. (b) On or before…
- § 2860 (a) The commission may regulate commercial and recreational fishing and any other taking of marine species in MPAs. (b) Notwithstanding any other provision of…
- § 2861 (a) The commission shall, annually until the master plan is adopted and thereafter at least every three years, receive, consider, and promptly act upon…
- § 2862 The department, in evaluating proposed projects with potential adverse impacts on marine life and habitat in MPAs, shall highlight those impacts in its…
- § 2863 The department shall confer as necessary with the United States Navy regarding issues related to its activities.
CHAPTER 11. Habitat Maintenance Districts §§ 2900–2901 · 2 sections
CHAPTER 13. Salton Sea Restoration Act §§ 2930–2954 · 18 sections
ARTICLE 1. General Provisions §§ 2930–2933 · 8 sections
- § 2930 (a) This chapter shall be known, and may be cited, as the Salton Sea Restoration Act. (b) The state’s comprehensive management plan for the Salton Sea,…
- § 2931 (a) It is the intent of the Legislature that the State of California undertake the restoration of the Salton Sea ecosystem and the permanent protection of the…
- § 2931.5 (a) The construction of facilities to separate fresh water from highly saline water for the purposes of implementing restoration activities pursuant to this…
- § 2932 There is hereby established the Salton Sea Restoration Fund which shall be administered by the director. Money deposited in the fund shall be expended, upon…
- § 2932.2 Of the funds appropriated pursuant to Section 79565 of the Water Code, not less than eight million five hundred thousand dollars ($8,500,000) shall be made…
- § 2932.3 Any moneys made available by paragraph (3) of subdivision (b) of Section 75050 of the Public Resources Code and deposited in the Salton Sea Restoration Fund…
- § 2932.5 Moneys deposited in the fund created pursuant to Section 2932 shall not be expended for mitigation except for mitigation undertaken by the State of California.
- § 2933 The Department of Water Resources may contract with water suppliers to purchase and sell water made available pursuant to Section 1745.02 of the Water Code to…
ARTICLE 2. Salton Sea Restoration §§ 2940–2945 · 5 sections
- § 2940 The Legislature finds and declares all of the following: (a) The Salton Sea is California’s largest inland water body with beneficial uses that include…
- § 2941 Unless the context requires otherwise, the definitions set forth in this section govern the construction of this article. (a) “Agency” means the Natural…
- § 2942 (a) (1) The secretary, in consultation and coordination with the authority, shall lead the Salton Sea restoration efforts that shall include all of the…
- § 2943 For the purposes of considering local, publicly derived input concerning habitat objectives and actions, types and levels of public access, and integration of…
- § 2945 (a) Nothing in this article interferes with or prevents the exercise of authority by a public agency to carry out its programs, projects, or responsibilities.…
ARTICLE 3. Lithium §§ 2950–2954 · 5 sections
- § 2950 For purposes of this article, the following definitions apply: (a) “Agency” means the Natural Resources Agency. (b) “Disadvantaged community” has the same…
- § 2951 (a) There is hereby created the Salton Sea Lithium Fund within the State Treasury to be administered by the Natural Resources Agency. (b) Pursuant to Section…
- § 2952 (a) Before allocating moneys pursuant to this article, the agency shall develop and adopt project solicitation and evaluation guidelines. (b) The guidelines…
- § 2953 For purposes of implementing this article, the agency may enter into agreements with other agencies, including the Department of Water Resources.
- § 2954 On or before June 30 of each fiscal year, the agency shall report on its internet website the projected operating and maintenance costs of state-developed or…