CHAPTER 3. Other Powers and Duties [1000. - 1227.]

Chapter 3 enacted by Stats. 1957, Ch. 456.

§§ 1000–1227 · 84 sections

1. 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,…
2. 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.
3. 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…
4. 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.
5. 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.
6. 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…
7. 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…
8. 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,…