DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700. - 1958.]
Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21.
§§ 700–1958 · 409 sections
CHAPTER 1. Organization and General Functions §§ 700–715 · 26 sections
ARTICLE 1. Generally §§ 700–715 · 26 sections
- § 700 (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…
- § 701 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…
- § 701.3 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…
- § 701.5 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…
- § 702 This code shall be administered and enforced through regulations adopted only by the department, except as otherwise specifically provided by this code or…
- § 702.1 (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…
- § 703 (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…
- § 703.3 It is the policy of the state that the department and commission use ecosystem-based management informed by credible science in all resource management…
- § 703.5 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…
- § 704 (a) Notwithstanding any other provision of law, the director is the appointing power of all employees within the department, and all employees in the…
- § 705 (a) For purposes of this section, “eligible renewable energy resources” has the same meaning as in the California Renewables Portfolio Standard Program…
- § 706 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…
- § 707 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…
- § 709 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…
- § 710 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…
- § 710.5 (a) The Legislature finds and declares that the department continues to be inadequately funded to meet its mandates. While revenues have been declining, the…
- § 710.7 (a) The Legislature finds and declares all of the following: (1) The department continues to face serious funding instability due to revenue declines from…
- § 711 (a) It is the intent of the Legislature to ensure adequate funding from appropriate sources for the department. To this end, the Legislature finds and declares…
- § 711.1 (a) The expenditure of all federal grant moneys made available to the state pursuant to the Federal Aid in Wildlife Restoration Act (16 U.S.C. Sec. 669 et…
- § 711.2 (a) For purposes of this code, unless the context otherwise requires, “project” has the same meaning as defined in Section 21065 of the Public Resources Code.…
- § 711.4 (a) The department shall impose and collect a filing fee in the amount prescribed in subdivision (d) to defray the costs of managing and protecting fish and…
- § 711.7 (a) The fish and wildlife resources are held in trust for the people of the state by and through the department. (1) Insofar as state wildlife trust resources…
- § 712 It is the intent of the Legislature that the Department of Finance shall include in the Governor’s Budget sufficient moneys from the General Fund and sources…
- § 712.1 (a) (1) The department’s mission is to manage California’s diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their…
- § 713 (a) The changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of…
- § 715 (a) The director, in consultation with the Natural Resources Agency, shall establish a formal program, which may be called the Science Institute, to assist the…
CHAPTER 1.5. Wildlife Violator Compact §§ 716–717.2 · 13 sections
ARTICLE 1. General Provisions §§ 716–716.2 · 3 sections
- § 716 The Wildlife Violator Compact is hereby enacted into law and entered into with all other participating states.
- § 716.1 It is the policy of this state in entering into the compact to do all of the following: (a) Promote compliance with the statutes, ordinances, and…
- § 716.2 The purposes of this chapter include both of the following: (a) To provide a means by which participating states may join in a reciprocal program to effectuate…
ARTICLE 2. Definitions § 716.3 · 1 section
- § 716.3 For purposes of this chapter, the following terms have the following meanings: (a) “Board” means the board of compact administrators established pursuant to…
ARTICLE 3. Issuing State Violation Procedures § 716.4 · 1 section
- § 716.4 (a) Notwithstanding any other provision of law, when issuing a citation for a wildlife violation for purposes of this chapter, a wildlife officer of the…
ARTICLE 4. Home State Procedures § 716.5 · 1 section
- § 716.5 (a) Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the…
ARTICLE 5. Reciprocal Recognition of Suspension § 716.6 · 1 section
- § 716.6 (a) As a participating member of the wildlife violator compact, the licensing authority of this state may recognize the suspension of license privileges of any…
ARTICLE 6. Applicability of Other Laws § 716.7 · 1 section
- § 716.7 Except as expressly required by this chapter, this chapter shall not be construed to affect the right of any participating state to apply any of its statutes,…
ARTICLE 7. Compact Administrator Procedures § 716.8 · 1 section
- § 716.8 (a) (1) A board of compact administrators is hereby established to serve as a governing body for the resolution of all matters relating to the operation of…
ARTICLE 8. Entry Into Compact and Withdrawal § 716.9 · 1 section
- § 716.9 (a) This chapter shall become effective at such time as it is adopted in substantially similar form by this state and one or more other states, subject to the…
ARTICLE 9. Amendments to the Compact § 717 · 1 section
- § 717 (a) This compact may be amended periodically. Amendments shall be presented in resolution form to the chairperson of the board, and shall be initiated by one…
ARTICLE 10. Construction and Severability §§ 717.1–717.2 · 2 sections
CHAPTER 2. Deputies, and Other Employees; County Wardens §§ 850–882 · 19 sections
ARTICLE 1. State §§ 850–860 · 11 sections
- § 850 The director shall, from time to time, employ or appoint, with or without pay, such deputies, clerks, assistants, and other employees as the department may…
- § 851 A deputy appointed to enforce the provisions of this code is a peace officer. The deputy has all the powers and authority conferred by law upon peace officers…
- § 853 (a) The director may deputize any employee of the department to check persons for licenses required under Section 7145 and to enforce any violation of that…
- § 854 Notwithstanding Section 18932 of the Government Code, the minimum age limit for appointment to the position of fish and game warden of the department shall be…
- § 855 Regularly employed law enforcement officers of the department may, when authorized by the director, expend such sums as authorized for the purchase of fish,…
- § 856 (a) All employees of the department designated by the director as deputized law enforcement officers are peace officers as provided by Section 830.2 of the…
- § 856.5 (a) The department may install patrol vehicle mounted video and audio systems, commonly known as dashboard cameras, in patrol vehicles used by peace officers…
- § 857 (a) Notwithstanding any other provision of law, the status of a person as an employee, agent, or licensee of the department does not confer upon that person a…
- § 858 (a) The department, in cooperation with landowners and landowner organizations, shall, on or before January 1, 1995, develop a statewide policy and procedure…
- § 859 Notwithstanding Section 11005 of the Government Code, the department may seek and accept grants and donations from private and public organizations and…
- § 860 The department may offer for sale a fish and game warden stamp to be designed and produced as the department may determine. The fish and game warden stamp may…
ARTICLE 2. County Fish and Game Wardens §§ 875–882 · 8 sections
- § 875 The board of supervisors of each county may, in its discretion, appoint a suitable person to serve for a period of two years from the date of his appointment…
- § 876 The board of supervisors shall fix the salary to be paid and the expenses to be allowed the county fish and game warden, which salary and expenses shall be…
- § 877 The board may by a majority vote of its members remove the warden at any time.
- § 878 The county fish and game warden shall enforce the state laws relating to the protection of fish and game. The warden has the powers and authority conferred by…
- § 879 The county fish and game warden shall report quarterly to the board of supervisors, giving a detailed statement of all arrests made, convictions had and fines…
- § 880 The board of supervisors of each county may, in its discretion, appoint a deputy fish and game warden, to serve at the pleasure of the board.
- § 881 The deputy shall have such powers, perform such duties, and receive such salary and be entitled to such expenses as the board may provide.
- § 882 The salary and expenses of a deputy county fish and game warden shall be paid from the county treasury.
CHAPTER 3. Other Powers and Duties §§ 1000–1227 · 84 sections
ARTICLE 1. Generally §§ 1000–1025 · 29 sections
- § 1000 The department shall expend funds necessary for biological research and field investigation and for the collection and diffusion of statistics and information…
- § 1000.6 (a) The Legislature finds and declares all of the following: (1) The commercial fishing industry of the North Coast has been greatly affected by decisions made…
- § 1001 Nothing in this code or any other law shall prohibit the department from taking, for scientific, propagation, public health or safety, prevention or relief of…
- § 1002 (a) The department may issue permits, subject to restrictions and regulations that the department determines are desirable, to take or possess, in any part of…
- § 1002.5 (a) The department may issue a permit pursuant to Section 1002 to an appropriate public, private, or nonprofit entity, or a person, as determined by the…
- § 1003 Mammals, birds and their nests and eggs, fish and their eggs, reptiles, amphibians, mollusks, crustaceans, or any other form of plant or animal life taken…
- § 1004 The department may capture and sell birds and mammals, at prices to be fixed by the commission, to persons engaged in the domestication and sale thereof in…
- § 1005 For the purpose of exhibiting fish and game educational material at fairs or sportsmen’s shows and making other public displays, and to make conservation…
- § 1005.5 Notwithstanding Section 11005 of the Government Code, the department may accept gifts of personal property if the donor is a county of the state and the gift…
- § 1006 The department may inspect the following: (a) All boats, markets, stores and other buildings, except dwellings, and all receptacles, except the clothing…
- § 1007 The department may import, propagate, and distribute birds, mammals, or fish.
- § 1008 The department shall investigate all diseases of, and problems relating to, birds, mammals, or fish, and establish and maintain laboratories to assist in such…
- § 1009 The department may obtain for the State rights of way over private lands for the purpose of furnishing access for the public to lands or waters open to public…
- § 1010 The department, by and with the approval of the Department of General Services, may sell grazing permits or otherwise dispose of excess vegetation or other…
- § 1011 (a) The department may procure insurance for any of the following purposes: (1) For itself and landowners who agree to permit the department to use their land…
- § 1012 The department may procure insurance for its employees for injury or death against the liability of the owner or operator of any vessel boarded by an employee…
- § 1013 In any lease, easement, or right-of-way entered into whereby the department leases real property or obtains a grant of easement or right-of-way in real…
- § 1014 If the Department of Parks and Recreation contracts with the federal government pursuant to Public Law 89-161 for the administration of recreation development…
- § 1015 Whenever the department is required, or provided an opportunity, to assess the adequacy of a project or to provide a detailed environmental impact statement or…
- § 1016 (a) Whenever the department determines that an oil sump, as defined by Section 3780 of the Public Resources Code, is hazardous to wildlife, but does not…
- § 1017 (a) It is the policy of the state to anticipate and resolve potential conflicts between the management, conservation, and protection of fish and wildlife…
- § 1018 The director shall use the department’s resources, to the fullest extent feasible, to coordinate with the federal government to promote the preservation of…
- § 1019 (a) Subject to an appropriation of funds by the Legislature for that purpose, for parcels wholly within its jurisdiction acquired on or after January 1, 2002,…
- § 1020 (a) The department and the commission shall develop a strategic plan to implement proposals arising from any of the following: (1) The strategic vision…
- § 1021 (a) The department may take feasible actions to conserve monarch butterflies and the unique habitats they depend upon for successful migration. These actions…
- § 1022 (a) The commission may authorize, for research, educational, limited testing, data collection, compensation fishing, conservation engineering, or exploratory…
- § 1023 (a) Upon appropriation by the Legislature, the department may develop a pilot program to collect and compile information and data on wildlife-vehicle…
- § 1024 (a) The department shall conduct a study to create a framework for cannabis site restoration projects with the goal of providing guidance for the cleanup,…
- § 1025 (a) (1) (A) The department shall submit a report to the Legislature on or before January 1, 2027, and each year thereafter, on illicit cannabis cultivation,…
ARTICLE 2. General License Provisions §§ 1050–1110 · 27 sections
- § 1050 (a) All licenses, permits, tags, reservations, and other entitlements authorized by this code shall be prepared and issued by the department. (b) The…
- § 1050.1 Any license, permit, tag, stamp, or other entitlement authorized pursuant to this code is not valid until it is filled out completely and accurately and the…
- § 1050.3 Notwithstanding any other provision of this code, the department may issue a temporary document that allows the holder of a license, permit, license tag,…
- § 1050.4 (a) On or before January 1, 2023, the department may provide an option to display a sport fishing license, validation, report card, or other sport fishing…
- § 1050.5 The department may accept a credit card charge as a method of payment. Any contract executed by the department with credit card issuers or draft purchasers…
- § 1050.6 (a) Except as otherwise provided in this section, the names and addresses contained in records submitted and retained by the department for the purpose of…
- § 1050.8 (a) The department may issue collectible, commemorative licenses to any person for purposes of promoting and supporting licensed hunting, fishing, and resource…
- § 1051 Licenses of each class shall be uniquely numbered. Every license shall contain its expiration date and the fee for which it is issued. If no fee is either…
- § 1052 It is unlawful for any person to do any of the following: (a) Transfer any license, tag, stamp, permit, application, or reservation. (b) Use or possess any…
- § 1052.5 Any stamp issued pursuant to this article is not valid unless affixed to the appropriate license document.
- § 1053.1 (a) A person shall not obtain more than one license, permit, reservation, or other entitlement of the same class, or more than the number of tags authorized by…
- § 1053.5 Applicants for hunting licenses shall first satisfactorily complete a hunter education equivalency examination and obtain a certificate of equivalency as…
- § 1054 (a) It is unlawful to submit, or conspire to submit, any false, inaccurate, or otherwise misleading information on any application or other document offered or…
- § 1054.2 Every person while engaged in taking any bird, mammal, fish, amphibian, or reptile shall have on his or her person or in his or her immediate possession, or…
- § 1054.5 The department may issue and shall collect payment for any entitlement, document, or authorization for which a fee is authorized pursuant to this code.
- § 1054.8 (a) The department shall establish, and keep current, written policies and procedures relating to the application process and the award of hunting tags for…
- § 1055.1 (a) Any person, except a commissioner, officer, or employee of the department, may submit an application to the department to be a license agent to issue…
- § 1055.3 The department may authorize any person other than a commissioner or an officer or employee of the department to issue, as an agent of the department, annual…
- § 1055.6 (a) Except as provided in subdivision (b), each license agent authorized pursuant to Section 1055.1 shall remit to the department the fees prescribed in this…
- § 1056 A license agent who fails to transmit the fees or accounting reports required by Section 1055.6 not later than 60 days following the due date as specified by…
- § 1057 All license, tag, permit, reservation, and other entitlement money shall be accounted for separately from other funds of a license agent, and shall at all…
- § 1058 In case of an assignment for the benefit of creditors, receivership, or bankruptcy, the state shall have a preferred claim against the license agent’s…
- § 1059 (a) The failure or refusal of any license agent to account for licenses, permits, reservations, tags, and other entitlements, or any fees received from their…
- § 1061 (a) The department may allow a person to purchase a license voucher as a gift for a licensee when the licensee’s complete and accurate personal information, as…
- § 1065 (a) A nonprofit conservation organization seeking promotion, exposure, and awareness of the organization on the Automated License Data System Online License…
- § 1069 The director may enter into an agreement with the Secretary of Food and Agriculture for the collection of an assessment on behalf of any marketing council or…
- § 1110 Section 1110 as added to this code by the initiative measure adopted at the General Election of November 8, 1938, is set forth at Section 7891 of this code.
ARTICLE 3. State Fish Hatcheries §§ 1120–1126 · 10 sections
- § 1120 The commission shall establish fish hatcheries for stocking the waters of this State with fish. The department shall maintain and operate such hatcheries.
- § 1121 In any lease entered into whereby the state leases from any county, city, irrigation district, or other public agency in this state, real property for the…
- § 1122 Any claim for damages arising against the state under Section 1121 shall be presented to the Department of General Services in accordance with Section 905.2 of…
- § 1122.5 (a) Notwithstanding any other provision of law, the Director of General Services, with the consent of the department, may lease to the Friends of the Mount…
- § 1122.6 (a) The Director of General Services, with the consent of the department, may lease to the Mt. Shasta Museum Association at no cost, and subject to any other…
- § 1123 The department may purchase and import spawn or ova of fish suitable for food, and stock with such spawn or ova the waters of this State.
- § 1123.5 Notwithstanding Section 1120 or any other provision of law, all funds allocated for fish purchases for the department’s urban fishing program shall be used to…
- § 1124 It is unlawful to take any fish in any pond, reservoir, or other water-retaining structure belonging to or controlled by the department and used for…
- § 1125 The Secretary of the Interior of the United States and his duly authorized agents may conduct fish cultural operations and scientific investigations in the…
- § 1126 Notwithstanding any other provision of law, department personnel may construct or repair bird exclosures at state owned or operated fish hatcheries. These…
ARTICLE 4. County Fish Hatcheries § 1150 · 1 section
- § 1150 The boards of supervisors of the several counties may establish and maintain fish hatcheries, and may purchase the spawn or ova of fish.
ARTICLE 5. Private Nonprofit Hatcheries §§ 1170–1175 · 6 sections
- § 1170 The commission may issue a permit, subject to such restrictions and regulations as the commission deems desirable, to a nonprofit organization to construct and…
- § 1171 The commission shall not issue a permit unless it determines the nonprofit organization has the financial capability to successfully construct and operate the…
- § 1172 No permit will be issued which may tend to deplete the natural runs of anadromous fish, result in waste or deterioration of fish, or when the proposed…
- § 1173 All fish handled under authority of this article during the time they are in the hatchery or in the wild are the property of the state and when in the wild may…
- § 1174 Any permit granted by the commission pursuant to this article shall contain all of the following conditions: (a) If after a hearing the commission finds that…
- § 1175 The state shall assume no responsibility for the operation of a hatchery pursuant to this article and shall not be in any manner liable for its operation.
ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities §§ 1200–1206 · 7 sections
- § 1200 The department is authorized to enter into agreements with counties, nonprofit groups, private persons, individually or in combination, for the management and…
- § 1201 An applicant who wishes to enter into an agreement to operate a rearing facility shall demonstrate, to the satisfaction of the department prior to executing…
- § 1202 All fish handled or released under authority of this article are the property of the state and may be taken only after their release into the wild and under…
- § 1203 The release of fish reared in facilities pursuant to this article shall be made in accordance with the policy of the commission.
- § 1204 The department shall fund the agreements provided for in Section 1200 only on a matching basis with the persons or entities who enter into such agreements.…
- § 1205 The department shall, subject to the limitations of appropriate egg sources and funding, make available fish of appropriate size and species to persons or…
- § 1206 Salmon and steelhead raised pursuant to this article shall be released in streams, rivers, or waters north of Point Conception and upon release shall have…
ARTICLE 6.5. Transgenic Species of Salmonids § 1210 · 1 section
- § 1210 (a) The hatchery production and stocking of transgenic species of salmonids is prohibited. (b) As used in this section, “transgenic” has the same meaning as in…
ARTICLE 7. Nonprofit Partnerships §§ 1225–1227 · 3 sections
- § 1225 All moneys collected or received from gifts or bequests, or from municipal or county appropriations or donations for purposes relating to conservation…
- § 1226 (a) The department may enter into one or more agreements to accept funds from any person, nonprofit organization, or other public or private entity for…
- § 1227 Notwithstanding any other law, the department may enter into one or more agreements with a person, nonprofit organization, or other public or private entity,…
CHAPTER 4. Wildlife Conservation Law of 1947 §§ 1300–1375 · 38 sections
ARTICLE 1. Generally §§ 1300–1301 · 2 sections
ARTICLE 2. The Wildlife Conservation Board §§ 1320–1324 · 5 sections
- § 1320 (a) There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the…
- § 1321 The chairman of the board shall be elected by the members of the board.
- § 1322 The members of the board shall receive their actual and necessary traveling expenses, which shall be paid from the Wildlife Restoration Fund.
- § 1323 Three Members of the Senate, appointed by the Committee on Rules thereof, and three Members of the Assembly, appointed by the Speaker thereof, shall meet with…
- § 1324 For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and as such…
ARTICLE 3. Powers and Purposes §§ 1345–1356 · 16 sections
- § 1345 (a) The board shall investigate, study, and determine what areas within the state are most essential and suitable for wildlife production and preservation, and…
- § 1346 The board shall also ascertain what lands are suitable for providing cover for the propagation and rearing in a wild state of waterfowl, shore birds, and…
- § 1347 As a result of the studies, the board shall determine what areas, lands, or rights in lands or waters should be acquired by the state in order to effectuate a…
- § 1348 (a) The board shall authorize the acquisition of real property, rights in real property, water, or water rights as may be necessary to carry out the purposes…
- § 1348.1 Before the board authorizes the purchase of any land, or any interest therein, the board shall notify all owners of record of adjacent parcels of land of the…
- § 1348.2 When the board acquires real property, other than by eminent domain, the purchase price for the real property shall not exceed the fair market value of the…
- § 1348.3 (a) No governmental entity may condemn any wildlife conservation easement acquired by a state agency, except as provided in subdivision (b). As used in this…
- § 1349 No farm lands may be acquired under the provisions of this chapter by proceedings in eminent domain except by specific authorization of the Legislature,…
- § 1350 (a) (1) The department shall, when authorized by the board, construct in accordance with law those facilities as are suitable for the purpose for which the…
- § 1351 Each recreational area shall be so managed and controlled that the public shall have access to and use of the area for all recreational purposes.
- § 1352 (a) The money in the Wildlife Restoration Fund, as provided for by former Section 19632 of the Business and Professions Code, as that section read on January…
- § 1352.5 (a) The San Francisco Baylands Restoration Program Account is hereby established within the Wildlife Restoration Fund, as provided for by former Section 19632…
- § 1353 The board may purchase such boats, aircraft, or equipment as it deems necessary for the use of the department for the improvement and protection of marine…
- § 1354 The board may authorize the acquisition of such lands or rights in land as may be necessary for the purpose of furnishing public access to lands or waters open…
- § 1355 The net proceeds of the sale or other disposition of real property used as a fish hatchery that has been acquired by or is under the jurisdiction of the board…
- § 1356 The board, when it prioritizes the use of available funds for proposed acquisitions, with regard to the priority of a proposal to acquire forestland, may…
ARTICLE 3.5. Oak Woodlands Conservation Act §§ 1360–1372 · 12 sections
- § 1360 This article shall be known, and may be cited, as the Oak Woodlands Conservation Act.
- § 1361 For purposes of this article, the following terms have the following meanings: (a) “Board” means the Wildlife Conservation Board established pursuant to…
- § 1362 It is the intent of the Legislature that this article accomplish all of the following: (a) Support and encourage voluntary, long-term private stewardship and…
- § 1363 (a) The Oak Woodlands Conservation Fund is hereby created in the State Treasury. The fund shall be administered by the board. Moneys in the fund may be…
- § 1364 Moneys in the fund shall be available to local government entities, park and open-space districts, resource conservation districts, private landowners, and…
- § 1365 The board shall develop and adopt guidelines and criteria for awarding grants that achieve the greatest lasting conservation of oak woodlands. The board shall…
- § 1366 (a) To qualify for a grant pursuant to this article, the county or city in which the grant money would be spent shall prepare, or demonstrate that it has…
- § 1367 On or before April 1, 2002, the board and the Department of Forestry and Fire Protection shall develop a memorandum of understanding regarding the protection…
- § 1368 The board may not approve a grant to a local government entity, park and open-space district, resource conservation district, or nonprofit organization if the…
- § 1369 A city or county planning department may utilize a grant awarded for the purposes of this article to consult with a citizen advisory committee and appropriate…
- § 1370 No money may be expended from the fund to adopt guidelines or to administer the fund until at least one million dollars ($1,000,000) is deposited in the fund.
- § 1372 Nothing in this article grants any new authority to the board or any other agency, office, or department to affect local policy or land use decisionmaking.
ARTICLE 3.7. Monarch Butterfly and Pollinator Rescue Program §§ 1374–1374.1 · 2 sections
- § 1374 (a) The Monarch Butterfly and Pollinator Rescue Program is hereby established and shall be administered by the Wildlife Conservation Board. (b) The purpose of…
- § 1374.1 (a) The Monarch Butterfly and Pollinator Rescue Fund Account is hereby created in the State Treasury. The account shall be administered by the Wildlife…
ARTICLE 4. Cooperation With United States § 1375 · 1 section
- § 1375 The board may act either independently or may cooperate with the United States Fish and Wildlife Service, Department of Interior, or any other federal agency…
CHAPTER 4.1. California Riparian Habitat Conservation Program §§ 1385–1391 · 7 sections
- § 1385 This chapter shall be known and may be cited as the California Riparian Habitat Conservation Act.
- § 1386 The Legislature finds and declares all of the following: (a) California’s rivers, wetlands, and waterways, and the fisheries and wildlife habitat they provide,…
- § 1387 The Wildlife Conservation Board shall establish and administer, through the department, the California Riparian Habitat Conservation Program pursuant to this…
- § 1388 The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance riparian habitat throughout the state, and coordinate…
- § 1389 The preservation and enhancement of riparian habitat shall be a primary concern of the Wildlife Conservation Board and the department, and of all state…
- § 1390 In order to accomplish the objectives of this chapter, the Wildlife Conservation Board may authorize the department to do all of the following: (a) Acquire…
- § 1391 Grants to nonprofit organizations pursuant to Section 1390 for the acquisition of real property or interests therein shall be subject to all of the following…
CHAPTER 4.3. Inland Wetlands Conservation Program §§ 1400–1431 · 21 sections
ARTICLE 1. Definitions §§ 1400–1405 · 6 sections
- § 1400 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 1401 “Fund” means the Inland Wetlands Conservation Fund, created in the Wildlife Restoration Fund by Section 1430.
- § 1402 “Board” means the Wildlife Conservation Board created by Section 1320.
- § 1403 “Inland areas” means the entire area of California except lands under the jurisdiction of the State Coastal Conservancy, lands within the Santa Monica…
- § 1404 “Program” means the Inland Wetlands Conservation Program, as provided in this chapter.
- § 1405 “Nonprofit organization” means an organization described in subsection (c) of Section 501 of the Internal Revenue Code of the United States (26 U.S.C. 501(c)).
ARTICLE 2. The Inland Wetlands Conservation Program §§ 1410–1422 · 13 sections
- § 1410 The Inland Wetlands Conservation Program is hereby created in the board.
- § 1411 (a) The Inland Wetlands Conservation Program is the program designated for use of the funds allocated pursuant to subdivision (f) of Section 2791, as enacted…
- § 1412 The board may apply for and accept federal grants and receive gifts, donations, subventions, rent, royalties, and other financial support from public and…
- § 1413 The board may acquire or accept the gift or dedication of fee title, easements, leases, development rights, or other interests in lands in inland areas…
- § 1414 The board shall coordinate its activities in the program with federal surplus land sales in inland areas.
- § 1415 (a) Notwithstanding any other provision of law, the board may lease, rent, sell, exchange, or otherwise transfer any land, interest in land, or option acquired…
- § 1416 The board may make grants or loans to nonprofit organizations, local governmental agencies, and state departments and agencies for the purpose of wetland and…
- § 1417 The board may lease nonwetlands habitat in need of restoration to nonprofit organizations, local governmental agencies, and state departments and agencies…
- § 1418 The board may acquire former wetlands and associated upland habitat, restore those areas, and sell the lands, or any interest therein, to private owners, local…
- § 1419 Any funds remaining after an eligible acquisition, restoration, or enhancement of any project under this article shall be returned to the board and shall be…
- § 1420 In reviewing any grant or loan application, preference shall be given to projects on wetlands that have a secure source of water or are adjacent to existing…
- § 1421 When creating new wetlands, the board shall give preference to lands most suitable for this purpose due to elevations, existence of levees, proximity to…
- § 1422 On or before January 1, 1992, and every third year thereafter, the board shall prepare and submit a report to the Governor and the Legislature on activities of…
ARTICLE 3. Finances §§ 1430–1431 · 2 sections
- § 1430 The Inland Wetlands Conservation Fund is hereby created in the Wildlife Restoration Fund. The money in the fund shall be solely used to carry out the Inland…
- § 1431 The board shall deposit in the fund all allocations made pursuant to subdivision (f) of Section 2791. Notwithstanding Section 13340 of the Government Code, the…
CHAPTER 4.4. California Desert Conservation Program §§ 1450–1458 · 9 sections
- § 1450 This chapter shall be known, and may be cited, as the California Desert Conservation Act.
- § 1451 The Legislature finds and declares all of the following: (a) The Mojave and Colorado Deserts region in California, hereafter referred to as “the California…
- § 1452 As used in this chapter, unless the context requires otherwise, the following definitions apply: (a) “Board” means the Wildlife Conservation Board. (b)…
- § 1453 The board shall establish and administer, through the department, the program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The…
- § 1454 The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance desert habitat within the California deserts region…
- § 1455 The preservation and restoration of desert habitat shall be a primary concern of the board and the department, and of all state agencies whose activities…
- § 1456 In order to accomplish the purposes of this chapter, the board may authorize the department to do all of the following: (a) Acquire interests in real property…
- § 1457 Grants to nonprofit organizations, pursuant to Section 1390, for the acquisition of real property or interests therein shall be subject to all of the following…
- § 1458 (a) The California Desert Conservation Program Fund Account is hereby created in the State Treasury. The account shall be administered by the board. Moneys in…
CHAPTER 5. Fish and Game Management §§ 1500–1591 · 33 sections
ARTICLE 1. Generally §§ 1500–1506 · 10 sections
- § 1500 The department may, with the approval of the commission and the Department of General Services, exchange any portion of the property lying within the…
- § 1500.5 (a) The following rules govern an exchange or sale of property pursuant to Section 1500: (1) If a parcel contains 15 acres or less, the director shall except…
- § 1501 The department may expend such funds as may be necessary for the improvement of property, including nonnavigable lakes and streams, riparian zones, and upland,…
- § 1501.5 (a) The department may enter into contracts for fish and wildlife habitat preservation, restoration, and enhancement with public and private entities whenever…
- § 1501.6 Notwithstanding Section 1501.5, the department may allocate federal funds and any moneys received as donations for purposes of the Wolf-Livestock Compensation…
- § 1502 The department, in accordance with policies established by the commission, may provide for the feeding of game birds, mammals, or fish at such times as natural…
- § 1503 The department shall provide for the feeding of deer wherever the director finds that natural forage is unavailable therefor due to excessive snow. The times,…
- § 1504 (a) When income is derived directly from real property acquired and operated by the state as a wildlife management area, and regardless of whether income is…
- § 1505 (a) The department may manage, control, and protect the portions of the following spawning areas that occupy state-owned lands, to the extent necessary to…
- § 1506 (a) For purposes of this section, the following definitions apply: (1) “Managed wetland habitat” means artificially irrigated and intensively managed wetland…
ARTICLE 2. Wildlife Management Areas and Game Farms §§ 1525–1530 · 7 sections
- § 1525 For the purposes of propagating, feeding and protecting birds, mammals, and fish, and establishing wildlife management areas or public shooting grounds the…
- § 1526 Any property acquired for wildlife management areas or public shooting grounds shall be acquired in the name of the State, and shall, at all times, be subject…
- § 1526.4 (a) The department, upon request of the leaseholder, shall extend any existing lease for a recreational homesite on Lower Sherman Island to the holder of any…
- § 1527 The department shall do all things necessary to secure a valid title in the State to the property acquired for wildlife management areas or public shooting…
- § 1528 Lands, or lands and water, acquired for public shooting grounds, state marine (estuarine) recreational management areas, or wildlife management areas shall be…
- § 1529 The output of any state game farm shall be distributed on public lands or where the department determines that the output will receive adequate protection and…
- § 1530 Except in accordance with the regulations of the commission, it is unlawful to enter upon any wildlife management areas or public shooting grounds established…
ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program §§ 1570–1574 · 5 sections
- § 1570 In establishing the Shared Habitat Alliance for Recreational Enhancement (“SHARE”) program, it is the intent of the Legislature to encourage private landowners…
- § 1571 For purposes of this article, the following definitions apply: (a) “Agreement” includes, but is not limited to, a contract, license, easement, memorandum of…
- § 1572 (a) There is hereby established the Shared Habitat Alliance for Recreational Enhancement (SHARE) program. The department, in partnership with nonprofit…
- § 1573 (a) (1) The department may enter into a voluntary agreement with a private landowner, including an agreement under which the private landowner is compensated…
- § 1574 (a) The department may revoke, for up to three years, the public access privilege granted pursuant to this article, of any person who violates any provision of…
ARTICLE 3.5. Cooperative Hunting Areas § 1575 · 1 section
- § 1575 To provide added protection for landowners from the depredation of trespassers and to provide additional hunting opportunities to public hunters and private…
ARTICLE 4. Ecological Reserves §§ 1580–1588 · 8 sections
- § 1580 The Legislature hereby declares that the policy of the state is to protect threatened or endangered native plants, wildlife, or aquatic organisms or…
- § 1581 Any property acquired in fee for ecological reserves shall be acquired in the name of the state, and shall, at all times, be subject to such rules and…
- § 1582 The department shall do all things necessary to secure a valid title in the state to the property acquired in fee for ecological reserves but no payment shall…
- § 1583 Except in accordance with the regulations of the commission it is unlawful to enter upon any ecological reserves established under the provisions of this…
- § 1584 As used in this article, “ecological reserve” means land or land and water areas that are designated as an ecological reserve by the commission pursuant to…
- § 1585 Notwithstanding Section 1580, which sets forth the primary purposes of ecological reserves, the department may construct facilities and conduct programs in…
- § 1587 The Mirage Trail within the Magnesia Spring Ecological Reserve shall be open nine months of the year during the months of May to January, inclusive, and closed…
- § 1588 (a) The “Eden Landing Ecological Reserve,” as specified in paragraph (52) of subdivision (b) of Section 630 of Title 14 of the California Code of Regulations,…
ARTICLE 5. Classification of Marine Managed Areas with Harvest Restrictions §§ 1590–1591 · 2 sections
- § 1590 The commission may designate, delete, or modify state marine recreational management areas established by the commission for hunting purposes, state marine…
- § 1591 (a) The Marine Managed Areas Improvement Act (Chapter 7 (commencing with Section 36600) of Division 27 of the Public Resources Code) establishes a uniform…
CHAPTER 6. Fish and Wildlife Protection and Conservation §§ 1600–1617 · 18 sections
- § 1600 The Legislature finds and declares that the protection and conservation of the fish and wildlife resources of this state are of utmost public interest. Fish…
- § 1601 The following definitions apply to this chapter: (a) “Agreement” means a lake or streambed alteration agreement. (b) “Day” means calendar day. (c) “Emergency”…
- § 1602 (a) An entity shall not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of,…
- § 1603 (a) After the notification is complete, the department shall determine whether the activity may substantially adversely affect an existing fish and wildlife…
- § 1604 Any party affected by a decision made by an arbitration panel pursuant to this chapter may petition a court of competent jurisdiction for confirmation,…
- § 1605 (a) (1) Except as otherwise provided in this section, the term of an agreement shall not exceed five years. (2) Notwithstanding paragraph (1), after the…
- § 1606 The department shall not condition the issuance of an agreement on the receipt of another local, state, or federal permit.
- § 1607 Any time period prescribed in this chapter may be extended by mutual agreement.
- § 1608 The department shall provide any entity that submits a notification pursuant to subdivision (a) of Section 1602 with all of the following information: (a) The…
- § 1609 (a) The department may establish a graduated schedule of fees to be charged to any entity subject to this chapter. The fees charged shall be established in an…
- § 1610 (a) Except as provided in subdivision (b), this chapter does not apply to any of the following: (1) Immediate emergency work necessary to protect life or…
- § 1611 (a) An entity that submits a timber harvesting plan in accordance with Section 4581 of the Public Resources Code or directly to the department is deemed to…
- § 1612 The department may suspend or revoke an agreement at any time if it determines that an entity is not in compliance with the terms of the agreement or fails to…
- § 1613 If, after receiving a notification, but before the department executes a final agreement, the department informs the entity, in writing, that the activity…
- § 1614 If the entity is required to perform work subject to this chapter pursuant to a court or administrative order or notice, the entity shall include the measures…
- § 1615 (a) An entity that violates this chapter is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. (b) The…
- § 1616 Any agreement or any memorandum of understanding executed by the department pursuant to this chapter prior to January 1, 2004, shall be subject to, and shall…
- § 1617 (a) The department may adopt general agreements for the cultivation of cannabis. (b) Any general agreement adopted by the department subsequent to adoption of…
CHAPTER 6.5. Habitat Restoration and Enhancement Act §§ 1650–1657 · 8 sections
- § 1650 This chapter shall be known, and may be cited, as the Habitat Restoration and Enhancement Act.
- § 1651 As used in this chapter: (a) “Fish passage guidelines” means those guidelines specified in the department’s California Salmonid Stream Habitat Restoration…
- § 1652 (a) A project proponent may submit a written request to approve a habitat restoration or enhancement project to the director pursuant to this section if the…
- § 1653 (a) A project proponent may submit a written request to approve a habitat restoration or enhancement project to the director pursuant to this section if the…
- § 1654 (a) The director’s approval of a habitat restoration or enhancement project pursuant to Section 1652 or 1653 shall be in lieu of any other permit, agreement,…
- § 1655 (a) The Habitat Restoration and Enhancement Account is hereby created in the Fish and Game Preservation Fund. (b) The department may enter into an agreement to…
- § 1656 (a) The department shall submit a report no later than December 31, 2020, and an additional report no later than December 31, 2025, on the implementation of…
- § 1657 This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
CHAPTER 6.6. Voluntary Stream Restoration Property Owner Liability § 1660 · 1 section
- § 1660 (a) A qualifying state agency that funds a project to restore fish and wildlife habitats shall indemnify and hold harmless a real property owner who…
CHAPTER 6.7. Restoration Management Permit Act §§ 1670–1678 · 9 sections
- § 1670 This chapter shall be known as, and may be cited as, the Restoration Management Permit Act.
- § 1671 As used in this chapter: (a) “Baseline conditions” means existing native fish, wildlife, or plant population sizes, and the extent and quality of native fish,…
- § 1672 (a) The department may issue a restoration management permit to authorize take, possession, import, or export of any species or subspecies of fish, wildlife,…
- § 1673 (a) The department may develop a permit application for restoration management permits. When applying for a restoration management permit, an applicant may…
- § 1674 (a) The Restoration Management Permit Program Fund is hereby established in the State Treasury. (b) The department may establish a schedule of fees to be…
- § 1675 (a) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall apply to the development, adoption, or…
- § 1676 (a) The department shall post on its internet website a list and description of every qualifying restoration project permitted by the department pursuant to…
- § 1677 The department shall not issue a restoration management permit for the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance…
- § 1678 This chapter shall remain in effect only until January 1, 2035, and as of that date is repealed.
CHAPTER 7. Conservation of Aquatic Resources § 1700 · 1 section
- § 1700 It is hereby declared to be the policy of the state to encourage the conservation, maintenance, and utilization of the living resources of the ocean and other…
CHAPTER 7.2. Trout Management §§ 1725–1730 · 9 sections
- § 1725 This act shall be known as the Trout and Steelhead Conservation and Management Planning Act of 1979.
- § 1726 The Legislature hereby finds and declares that it is the policy of the state to do all of the following: (a) Establish and maintain wild trout stocks, that, to…
- § 1726.1 The Legislature further finds and declares all of the following: (a) Hatchery production and stocking of California’s waters started over 140 years ago and is…
- § 1726.4 (a) For the purposes of this chapter, “trout” includes steelhead trout. (b) The department, in administering its existing wild trout program, shall maintain an…
- § 1726.5 The Legislature further finds and declares that activities and programs mandated by this chapter are a continuation and perpetuation of the department’s…
- § 1727 (a) In order to provide for a diversity of available angling experiences throughout the state, it is the intent of the Legislature that the commission maintain…
- § 1728 (a) Every five years the department shall update the Strategic Plan for Trout Management published in November 2003 as necessary to guide the state’s trout…
- § 1729 (a) The department shall give priority to stocking native hatchery-produced species in California’s waters, where stocking is determined to be appropriate by…
- § 1730 (a) By January 1, 2014, the department shall form an intradepartmental strategic trout management team to provide direction and oversee trout management…
CHAPTER 7.3. Black Bass Conservation and Management §§ 1740–1743 · 4 sections
- § 1740 This chapter shall be known as the Black Bass Conservation and Management Act of 1980.
- § 1741 The Legislature hereby finds and declares that it is the policy of the state to preserve and enhance black bass resources and to manage black bass populations…
- § 1742 The Legislature further finds and declares that the black bass management program components specified in this chapter are a continuation of the department’s…
- § 1743 (a) The department’s black bass management program shall include, but not be limited to, the following components: (1) The department shall determine the…
CHAPTER 7.4. Department-Managed Lands §§ 1745–1745.2 · 3 sections
- § 1745 (a) For purposes of this section, the following terms have the following meanings: (1) “Department-managed lands” includes lands, or lands and water, acquired…
- § 1745.1 (a) Notwithstanding any other provision of this code, the department may lease department-managed lands for agricultural activities, including, but not limited…
- § 1745.2 (a) The department shall do both of the following: (1) Consider authorizing apiculture on department-managed wildlife areas, where deemed appropriate by the…
CHAPTER 7.5. Native Species Conservation and Enhancement §§ 1750–1773.3 · 21 sections
ARTICLE 1. Short Title § 1750 · 1 section
- § 1750 This chapter shall be known and may be cited as the Native Species Conservation and Enhancement Act.
ARTICLE 2. Findings and Declarations §§ 1755–1756 · 2 sections
- § 1755 The Legislature finds and declares all of the following: (a) That it is the policy of this state: (1) To maintain sufficient populations of all species of…
- § 1756 (a) The policy set forth in this chapter is in the public interest without regard to the economic value or the lack of economic value of wildlife or native…
ARTICLE 2.5. Bird Habitat Conservation § 1758 · 1 section
- § 1758 The department shall annually provide an opportunity for licensed hunters to comment and make recommendations on the public hunting programs, including…
ARTICLE 3. Native Species Conservation and Enhancement Account §§ 1760–1769 · 10 sections
- § 1760 The department shall maintain within the Fish and Game Preservation Fund a Native Species Conservation and Enhancement Account, which is hereby created, to…
- § 1761 Whenever the department receives funds from persons or organizations for the support of nongame and native plant species conservation and enhancement programs,…
- § 1762 The department shall provide each person or organization making a contribution of five dollars ($5) or more for the support of nongame and native plant species…
- § 1763 The department may take all appropriate measures to encourage donations by individuals, organizations, and public agencies to the Native Species Conservation…
- § 1764 (a) The director shall designate those particular areas of land managed by the department at which possession of a valid annual wildlife pass or day use pass…
- § 1765 (a) The department may issue an annual wildlife area pass or a day use pass that authorizes the bearer to enter and use facilities and programs on the…
- § 1766 The department may also offer for sale a native species stamp, promotional materials, and nature study aids. The fee for a native species stamp is seven…
- § 1767.5 (a) The revenues from fees and sales under this article and Section 1055.3 shall be deposited in the Native Species Conservation and Enhancement Account in the…
- § 1768 The Legislature finds and declares that the revenues from fees and sales under this article are related to the protection and propagation of fish and game…
- § 1769 The department may take all appropriate measures to encourage persons to obtain annual wildlife area passes and day use passes issued pursuant to Section 1765,…
ARTICLE 4. Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account §§ 1770–1772 · 3 sections
- § 1770 The department shall maintain within the Fish and Game Preservation Fund an Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement…
- § 1771 (a) Whenever the department receives funds from the Treasurer under Article 5 (commencing with Section 18741) of Chapter 3 of Part 10.2 of Division 2 of the…
- § 1772 (a) The department may take all appropriate measures to encourage donations to this account through the tax return checkoff system provided for in Article 5…
ARTICLE 5. Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund §§ 1773–1773.3 · 4 sections
- § 1773 The department shall maintain the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund established pursuant to Section 18749.1 of the…
- § 1773.1 (a) The funds deposited in the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund pursuant to Article 5.2 (commencing with Section…
- § 1773.2 To be eligible for grant funding from the competitive grant program established pursuant to Section 1773.1, an applicant shall meet all of the following…
- § 1773.3 (a) For purposes of this section, “covered grant” means a grant in an amount no greater than twenty thousand dollars ($20,000) with a grant period duration of…
CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 §§ 1775–1796 · 24 sections
ARTICLE 1. General Provisions §§ 1775–1779.5 · 10 sections
- § 1775 This chapter shall be known and may be cited as the Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993.
- § 1776 The Legislature finds and declares the following: (a) Wetlands are an important natural resource of the Sacramento-San Joaquin Valley because they provide…
- § 1776.5 It is the intent of the Legislature that the funds necessary to cover the costs of administering this chapter be provided by the purchase of credits in…
- § 1777 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 1777.2 “Bank site” or “mitigation bank site” means a publicly or privately owned and operated site on which wetlands have been or will be created in accordance with…
- § 1777.5 “Credit” means a numerical value that represents the wetland acreage and habitat values of a mitigation bank site.
- § 1778 “Operator” means the department, or a public or private person or entity approved by the department, to administer a wetlands mitigation bank site.
- § 1778.5 “Permittee” means a public or private person or entity that meets all of the following conditions: (a) Has received a permit pursuant to Section 404 of the…
- § 1779 “Qualifying urban area” means any of the following when they occur within the Sacramento-San Joaquin Valley: (a) A geographical area having a population of…
- § 1779.5 “Sacramento-San Joaquin Valley” means the central valley region, as defined in subdivision (g) of Section 13200 of the Water Code.
ARTICLE 2. Legislative Goals §§ 1780–1781 · 2 sections
ARTICLE 3. Wetlands Mitigation Banks §§ 1784–1787 · 4 sections
- § 1784 (a) The department, in cooperation with those agencies specified in Section 1786, shall adopt regulations that establish standards and criteria for the bank…
- § 1785 If any person desires to establish a wetlands mitigation bank site under this chapter, the person shall apply to the department for a determination that the…
- § 1786 (a) Before any wetlands are created on the bank site qualified pursuant to Section 1785, the department shall coordinate and shall be a signatory to a…
- § 1787 (a) If the bank site owner is a public entity, that entity shall pay annually to the county in which the property is located an amount equal to the county…
ARTICLE 4. Wetlands §§ 1790–1792.5 · 4 sections
- § 1790 Upon the successful creation of any wetlands of at least 20 acres, or in the case of vernal pools, upon successful creation of vernal pools on a site at least…
- § 1791 (a) Upon receipt of a request pursuant to Section 1790, the department shall determine the number of acres which are wetlands in the bank site based on the…
- § 1792 In the interest of assuring that the minimum price for wetland credit is sufficient to ensure the financial integrity of the bank, the department may establish…
- § 1792.5 The department shall be reimbursed for those expenses of the department identified in Section 1792 according to a schedule contained in an agreement with the…
ARTICLE 5. Discharge into Wetlands §§ 1793–1796 · 4 sections
- § 1793 A permittee shall provide compensation pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.). The department shall classify the…
- § 1794 Compensation pursuant to Section 1793 is subject to the condition that the operator establish the trust or bond required by subparagraph (B) of paragraph (3)…
- § 1795 After payment to the operator pursuant to this article, the permittee has no further obligations with respect to the operation of the bank site to which…
- § 1796 No bank site shall be qualified under Section 1785 on or after January 1, 2015.
CHAPTER 7.9. Conservation Bank and Mitigation Bank Applications and Fees §§ 1797–1799.1 · 8 sections
- § 1797 The Legislature finds and declares as follows: (a) Mitigation banks and conservation banks provide for the conservation of important habitats and habitat…
- § 1797.5 For the purposes of this chapter, the following terms shall have the following meanings: (a) “Bank” means a conservation bank, mitigation bank, or conservation…
- § 1798 (a) (1) Any person interested in establishing any bank with the department may elect to submit an optional draft prospectus for review by the department. Any…
- § 1798.5 (a) (1) If the department determines that a bank prospectus is acceptable pursuant to Section 1798, the person seeking to establish the bank may submit a bank…
- § 1798.6 (a) Any person seeking to amend any bank shall submit to the department a complete bank amendment package containing each of the original bank agreement…
- § 1798.7 A bank prospectus, agreement, or amendment package submitted to the department, but not approved as of January 1, 2013, shall be reviewed for completeness or…
- § 1799 (a) Until the department has approved a bank, in writing, and, if applicable, a conservation easement has been recorded on the site, no bank shall be…
- § 1799.1 (a) The department shall annually adjust the fees in this chapter pursuant to Section 713. (b) Moneys received pursuant to this chapter shall be deposited in a…
CHAPTER 8. Conservation of Wildlife Resources §§ 1800–1802 · 3 sections
ARTICLE 1. Definitions § 1800 · 1 section
- § 1800 As used in this chapter “wildlife” means birds, mammals, and reptiles not raised in captivity.
ARTICLE 2. Policy §§ 1801–1802 · 2 sections
- § 1801 It is hereby declared to be the policy of the state to encourage the preservation, conservation, and maintenance of wildlife resources under the jurisdiction…
- § 1802 The department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically…
CHAPTER 9. Advance Mitigation And Regional Conservation Investment Strategies §§ 1850–1860 · 10 sections
- § 1850 (a) The Legislature finds and declares that it would be beneficial to identify species and habitat conservation initiatives at a regional scale, including…
- § 1851 For purposes of this chapter: (a) “Areas of Conservation Emphasis” means the biodiversity analysis completed by the department in 2010, or the latest update of…
- § 1852 (a) The department may approve a regional conservation investment strategy pursuant to this chapter. A regional conservation investment strategy may be…
- § 1853 (a) The department may approve a regional conservation assessment pursuant to this chapter. A regional conservation assessment may be proposed by the…
- § 1854 (a) The department may prepare or approve a regional conservation investment strategy, or approve an amended strategy, for an initial period of up to 10 years…
- § 1855 (a) Regional conservation investment strategies shall not affect the authority or discretion of any public agency and shall not be binding upon public agencies…
- § 1856 (a) A conservation action or habitat enhancement action that measurably advances the conservation objectives of an approved regional conservation investment…
- § 1857 (a) The Fish and Wildlife Regional Conservation Investment Strategy Program Fund is hereby established in the State Treasury. (b) The department shall collect…
- § 1858 (a) The department may adopt guidelines and criteria to aid in the implementation of this chapter. Chapter 3.5 (commencing with Section 11340) of Part 1 of…
- § 1860 Nothing in this chapter supersedes, limits, or otherwise modifies the Sacramento-San Joaquin Delta Reform Act of 2009 (Division 35 (commencing with Section…
CHAPTER 10. Native Plant Protection §§ 1900–1913 · 12 sections
- § 1900 The intent of the Legislature and the purpose of this chapter is to preserve, protect and enhance endangered or rare native plants of this state. The…
- § 1901 The department shall establish criteria for determining if a species, subspecies, or variety of native plant is endangered or rare. As used in this chapter,…
- § 1904 The commission may, after public hearing, designate endangered and rare native plants. To the extent that the location of such plants is known, the department…
- § 1905 The department may undertake botanical research and field investigations and may collect and diffuse such statistics and information as shall pertain to the…
- § 1906 Nothing in this code or any other law shall prohibit the department from taking, for scientific or propagation purposes, any species of native plants. The…
- § 1907 (a) The commission may adopt regulations governing the taking, possession, propagation, transportation, exportation, importation, or sale of any endangered or…
- § 1908 No person shall import into this state, or take, possess, or sell within this state, except as incident to the possession or sale of the real property on which…
- § 1909 (a) When any power or authority is given by any provision of this chapter to any person, it may be exercised by any deputy, inspector, or agent duly authorized…
- § 1910 A peace officer or an employee or agent of the department may, in the enforcement of this chapter, make arrests without warrant for a violation of this chapter…
- § 1911 All state departments and agencies shall, in consultation with the department, utilize their authority in furtherance of the purposes of this chapter by…
- § 1912 The provisions of this chapter shall not be applicable to emergency work necessary to protect life or property; however, notification by the person or agency…
- § 1913 (a) The provisions of this chapter are not intended and shall not be construed as authorizing any public agency to mandate, prescribe, or otherwise regulate…
CHAPTER 11. California Desert Native Plants §§ 1925–1926 · 2 sections
- § 1925 The department shall enforce the provisions of the California Desert Native Plants Act Division 23 (commencing with Section 80001) of the Food and Agricultural…
- § 1926 In carrying out the provisions of this chapter, the department shall cooperate fully with the Department of Food and Agriculture.
CHAPTER 11.5. Western Joshua Tree Conservation Act §§ 1927–1927.12 · 13 sections
- § 1927 This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.
- § 1927.1 For purposes of this chapter, the following definitions apply: (a) “Accessory structure” means a subordinate structure, the use of which is incidental to an…
- § 1927.2 (a) No person or public agency shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, a western Joshua…
- § 1927.3 (a) The department may authorize, by permit, the taking of a western Joshua tree if all of the following conditions are met: (1) The permittee submits to the…
- § 1927.4 (a) The department may issue a permit to authorize either the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees.…
- § 1927.5 (a) The Western Joshua Tree Mitigation Fund, created by the commission pursuant to Section 749.10 of Title 14 of the California Code of Regulations, is hereby…
- § 1927.6 (a) The department shall develop and implement a western Joshua tree conservation plan in collaboration with the commission, governmental agencies, California…
- § 1927.7 (a) Beginning in 2025, by January 31 of each calendar year, the department shall submit an annual report to the commission and the Legislature assessing the…
- § 1927.8 (a) Beginning in 2026, and at least every two years thereafter, the commission shall review the status of the western Joshua tree and the effectiveness of the…
- § 1927.9 No later than January 1, 2033, the department shall submit to the commission an update to the status review previously submitted pursuant to Section 2074.6 for…
- § 1927.10 This chapter is not intended to be construed as, or to be, a general project approval. It shall be the responsibility of each project proponent receiving…
- § 1927.11 This chapter does not preclude a county or city from adopting and enforcing ordinances that require as a condition of approving a project more protective…
- § 1927.12 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…
CHAPTER 12. Significant Natural Areas §§ 1930–1940 · 8 sections
- § 1930 The Legislature finds and declares that: (a) Areas containing diverse ecological and geological characteristics are vital to the continual health and…
- § 1930.2 For purposes of this chapter, the following terms have the following meanings: (a) “Habitat stronghold” means high-quality habitat that supports wildlife in…
- § 1930.5 (a) Contingent upon funding being provided by the Wildlife Conservation Board from moneys available pursuant to Section 75055 of the Public Resources Code, or…
- § 1931 The Legislature further finds and declares that it is the policy of this state to encourage the cooperation of federal, state, local, and private sectors,…
- § 1932 There is hereby established the Significant Natural Areas Program, which shall be administered by the department. The department, in administering this…
- § 1932.5 (a) In carrying out its responsibilities pursuant to this chapter, the department shall solicit and utilize all relevant results of existing studies and…
- § 1933 No authority or responsibility provided for in this chapter shall, of itself, change or prevent the change of the use of any area identified pursuant to the…
- § 1940 (a) The department shall undertake the development of a vegetation mapping standard for the state. (b) The development of a state vegetation mapping standard…
CHAPTER 13. Nonvehicular Wildlife Crossings § 1950 · 1 section
- § 1950 (a) For purposes of this chapter, “nonvehicular wildlife crossing” means a structure that allows animals to cross human-made barriers safely and includes, but…
CHAPTER 13.5. Wildlife Connectivity Actions §§ 1955–1958 · 4 sections
- § 1955 The Legislature finds and declares all of the following: (a) California’s climate is changing. Rising temperatures, increases in the frequency and severity of…
- § 1956 For purposes of this chapter, the following terms apply: (a) “Compensatory mitigation credit” means a credit that may be used to fulfill, in whole or in part,…
- § 1957 (a) The department may approve compensatory mitigation credits for wildlife connectivity actions taken under either of the following programs: (1) Chapter 7.9…
- § 1958 The department may adopt guidelines and criteria to aid in the implementation of this chapter. Chapter 3.5 (commencing with Section 11340) of Part 1 of…