reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 10 - Mountain Lions › Section 4807.

4807. (a) Any mountain lion that is encountered while in the act of pursuing, inflicting injury to, or killing livestock, or domestic animals, may be taken immediately by the owner of the property or the owner’s employee or agent. The taking shall be reported within 72 hours to the department. The department shall investigate the depredation, and, if the mountain lion was captured, injured, or killed, the mountain lion or the entire carcass of the mountain lion which has been recovered shall be turned over to the department. Upon satisfactorily completing the investigation and receiving the mountain lion or the carcass, if recovered, the department shall issue a permit confirming that the requirements of this section have been met with respect to the particular mountain lion taken under these circumstances.
(b) The department shall undertake a complete necropsy on any returned mountain lion carcass and report the findings to the commission. The commission shall compile the reported findings and prepare an annual written report that shall be submitted to the Legislature not later than the January 15 next following the year in which the mountain lion was taken.
(Repealed and added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 10 - Mountain Lions › Section 4808.

4808. As used in this chapter, “agent” means the agent or employee of the owner of the damaged or destroyed property, any county or city predator control officer, any employee of the Animal Damage Control Section of the United States Department of Agriculture, any departmental personnel, or any authorized or permitted houndsman registered with the department as possessing the requisite experience and having no prior conviction of any provision of this code or regulation adopted pursuant to this code. A plea of nolo contendere is a conviction for purposes of this section.
(Repealed and added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 10 - Mountain Lions › Section 4809.

4809. Mountain lions authorized to be taken pursuant to this chapter shall be taken by the most effective means available to take the mountain lion causing the damage or destruction, except that no mountain lion shall be taken by means of poison, leg-hold or metal-jawed traps, and snares.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 11 - Bighorn Sheep › Section 4900.

4900. The Legislature declares that bighorn sheep are an important wildlife resource of the state to be managed and maintained at sound biological levels. Therefore, it is hereby declared to be the policy of the state to encourage the preservation, restoration, utilization, and management of California’s bighorn sheep population. The management shall be in accordance with the policy set forth in Section 1801.
(Added by Stats. 1986, Ch. 745, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 11 - Bighorn Sheep › Section 4901.

4901. The department shall determine the status and the trend of bighorn sheep populations by management units. A plan shall be developed for each of the management units. The plan for each management unit shall include all of the following:
(a) Data on the numbers, age, sex ratios, and distribution of bighorn sheep within the management unit.
(b) A survey of range conditions and a report on the competition that may exist as a result of human, livestock, wild burro, or any other mammal encroachment.
(c) An assessment of the need to relocate or reestablish bighorn populations.
(d) A statement on the prevalence of disease or parasites within the population.
(e) Recommendations for achieving the policy objective of Section 4900.
(Added by Stats. 1986, Ch. 745, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 4 - BIRDS AND MAMMALS › PART 3 - MAMMALS › CHAPTER 11 - Bighorn Sheep › Section 4903.

4903. Revenue from the fees authorized by this chapter shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. Administrative overhead shall be limited to the reasonable costs associated with the direct administration of the program. These funds shall be used to augment, and not to replace, moneys appropriated from existing funds available to the department for the preservation, restoration, utilization, and management of bighorn sheep. The department shall maintain internal accountability necessary to ensure that all restrictions on the expenditure of these funds are met.
(Amended by Stats. 2010, Ch. 408, Sec. 14. (SB 1058) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 5 - PROTECTED REPTILES AND AMPHIBIANS › CHAPTER 1 - Turtles › ARTICLE 1 - Desert Tortoises › Section 5000.

5000. It is unlawful to sell, purchase, harm, take, possess, transport, or shoot a projectile at, a tortoise (Gopherus). This section does not apply to the taking of a tortoise when authorized by the department.
(Amended by Stats. 2015, Ch. 154, Sec. 77. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 5 - PROTECTED REPTILES AND AMPHIBIANS › CHAPTER 1 - Turtles › ARTICLE 1 - Desert Tortoises › Section 5001.

5001. The provisions of Section 5000 do not prohibit the possession of any tortoise (Gopherus) when the owner can demonstrate that such tortoise was legally acquired and possessed before the effective date of this section. The owner of a tortoise which may be possessed under this section shall mark or otherwise identify such tortoise to the satisfaction of the department, and shall not transfer such tortoise to any other person without prior approval of the department.
(Added by Stats. 1972, Ch. 301.)
2023 California Code › Fish and Game Code - FGC › DIVISION 5 - PROTECTED REPTILES AND AMPHIBIANS › CHAPTER 1 - Turtles › ARTICLE 1 - Desert Tortoises › Section 5002.

5002. The department may issue permits, subject to any terms and conditions prescribed by the commission, authorizing the possession of a tortoise (Gopherus) or product of a tortoise by an educational or scientific institution or a public zoological garden.
(Amended by Stats. 2015, Ch. 154, Sec. 78. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 5 - PROTECTED REPTILES AND AMPHIBIANS › CHAPTER 2 - Fully Protected Reptiles and Amphibians › Section 5050.

5050. (a) (1) Except as provided in this section, or Section 2081.5, 2081.7, 2081.9, 2081.12, 2081.15, or 2835, a fully protected reptile or amphibian may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected reptile or amphibian, and no permit or license previously issued shall have any force or effect for that purpose. However, the department may authorize the taking of a fully protected reptile or amphibian for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected reptile or amphibian, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of that person’s interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.
(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected reptile or amphibian may be possessed under a permit issued by the department.
(b) The following are fully protected reptiles and amphibians:
(1) Blunt-nosed leopard lizard (Gambelia sila).
(2) San Francisco garter snake (Thamnophis sirtalis tetrataenia).
(3) Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum).
(4) Limestone salamander (Hydromantes brunus).
(5) Black toad (Bufo boreas exsul).
(Amended by Stats. 2023, Ch. 59, Sec. 5. (SB 147) Effective July 10, 2023.)
2023 California Code › Fish and Game Code - FGC › DIVISION 5 - PROTECTED REPTILES AND AMPHIBIANS › CHAPTER 3 - Commercial Use of Reptiles › Section 5060.

5060. “Native reptiles” as used in this chapter means snakes, lizards, turtles, or any other members of the class reptilia native to California.
(Added by Stats. 1974, Ch. 605.)
2023 California Code › Fish and Game Code - FGC › DIVISION 5 - PROTECTED REPTILES AND AMPHIBIANS › CHAPTER 3 - Commercial Use of Reptiles › Section 5062.

5062. Notwithstanding any other provision of law, no permit shall be issued for the operation of a farm for alligators or any species of the family crocodilidae if the animals are kept for the use and sale of the meat or hides. No permit for the operation of a farm for alligators or any species of the family crocodilidae shall be renewed if the animals are kept for the use and sale of the meat or hides.
(Added by Stats. 1991, Ch. 776, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5500.

5500. It is unlawful to use explosives in the waters of the state inhabited by fish, except in one of the following circumstances:
(a) Pursuant to a permit first obtained by the user from the department, consistent with terms and conditions set by the commission. The department’s decision to grant or deny a permit may be appealed to the commission by any person.
(b) In an emergency, to remove an accidental obstruction to the flow of water.
(Amended by Stats. 2023, Ch. 132, Sec. 101. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5501.

5501. The department may take any fish which, in its opinion, is unduly preying upon any bird, mammal, or fish. The commission may prescribe the terms of a permit to take any fish which, in the opinion of the department, is harmful to other species of fish and which should be reduced in numbers.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5503.

5503. It is unlawful to take any fish for the sole purpose of removing its eggs except for the purpose of developing a brood stock for aquaculture purposes under Division 12 (commencing with Section 15000) pursuant to regulations promulgated by the Fish and Game Commission.
The commission shall also determine ownership and regulate distribution of progeny taken from wild brood stock, other than those obtained pursuant to Section 15300.
(Amended by Stats. 1982, Ch. 1486, Sec. 8.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5504.

5504. The department may issue a letter of authorization to allow the taking of marine living resources or to authorize the take and possession of marine resources and possession of gear or equipment that would otherwise be prohibited in marine waters to support data collection, environmental cleanup, hazard removal, or public health and safety. A letter of authorization shall be valid for no more than 30 days, shall not be extended, and shall be issued only to meet immediate time-sensitive public safety, public health, research, or environmental needs, and shall not authorize the taking of fully protected species listed in Section 3511, 4700, 5050, or 5515, or species listed as threatened or endangered pursuant to Section 2070. A letter of authorization is not a substitute for a permit issued under Section 1002, Section 1022, or any other law and regulation that can otherwise be obtained. A letter of authorization shall identify the issuee and include detailed information about the activity authorized. The department shall maintain records of all letters of authorization for no less than five years from the date of issuance, and shall provide them upon request to the public.
(Added by Stats. 2021, Ch. 770, Sec. 1. (SB 822) Effective January 1, 2022.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5507.

5507. (a) It is unlawful for any person to possess a fish spear or gaff within 300 feet of a lake or stream in this state, at a time when spearing is prohibited in that lake or stream.
(b) This section does not apply to either of the following:
(1) Possession of a gaff carried as an accessory while angling.
(2) Possession of a fish spear or gaff in one’s own home.
(Amended by Stats. 2023, Ch. 132, Sec. 102. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5508.

5508. It is unlawful to possess on any boat or to bring ashore any fish upon which a size or weight limit is prescribed in such a condition that its size or weight cannot be determined.
The commission may adopt regulations, under which fish other than whole fish may be brought ashore, which establish sizes or weights for cleaned or otherwise cut fish equivalent to sizes or weights for whole fish.
(Amended by Stats. 1967, Ch. 534.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5509.

5509. It is unlawful to possess on any boat or to bring ashore any fish in such a condition that the species cannot be determined, except as otherwise provided in this code or regulations adopted pursuant thereto. The commission, subject to the provisions of Section 5508, may adopt regulations whereby fish taken by persons fishing from a vessel licensed pursuant to Section 7920 may be brought ashore in such a condition that the species cannot be determined.
(Amended by Stats. 1974, Ch. 1078.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5510.

5510. The commission may adopt regulations to prevent deterioration and waste of fish taken for purposes other than profit, and to regulate the disposal of the offal of such fish.
(Added by Stats. 1976, Ch. 362.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5511.

5511. Except under permit of the department, it is unlawful to carry on any fish cultural operations on any stream above the point where water is diverted for the use and operation of a state fish hatchery.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5514.

5514. (a) It is unlawful to kill or retain in possession any chinook, coho, or kokanee salmon or any steelhead that has not taken the bait or lure in its mouth, in inland waters.
(b)  Any chinook, coho, or kokanee salmon or any steelhead hooked other than in its mouth in inland waters shall be released unharmed.
(Amended by Stats. 2007, Ch. 285, Sec. 105. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5515.

5515. (a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2081.11, 2081.15, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of that person’s interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.
(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected fish may be possessed under a permit issued by the department.
(b) The following are fully protected fish:
(1) Colorado River squawfish (Ptychocheilus lucius).
(2) Mohave chub (Gila mohavensis).
(3) Lost River sucker (Deltistes luxatus and Catostomus luxatus).
(4) Modoc sucker (Catostomus microps).
(5) Shortnose sucker (Chasmistes brevirostris).
(6) Humpback sucker (Xyrauchen texanus).
(7) Owens pupfish (Cyprinodon radiosus).
(8) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(9) Rough sculpin (Cottus asperrimus).
(Amended by Stats. 2023, Ch. 59, Sec. 6. (SB 147) Effective July 10, 2023.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5516.

5516. Any river, stream, lake, or other body of water restricted by the commission to the use of artificial flies or artificial lures only for fishing shall be posted by the department at logical places of entry so as to inform persons fishing in such waters as to the nature of the restrictions.
(Added by Stats. 1974, Ch. 524.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5517.

5517. (a) Except as authorized by a permit issued pursuant to Section 1002, or as provided in subdivision (b) of Section 8599, it is unlawful to do any of the following:
(1) Take any white shark (Carcharodon carcharias).
(2) Use any shark bait, shark lure, or shark chum to attract any white shark.
(3) Place any shark bait, shark lure, or shark chum into the water within one nautical mile of any shoreline, pier, or jetty when a white shark is either visible or known to be present.
(4) Place any shark bait, shark lure, or shark chum into the water for the purpose of viewing any shark when a white shark is visible or known to be present.
(b) For purposes of this section, “shark bait, shark lure, or shark chum” means any natural or manufactured product or device used to attract sharks by the sense of taste, smell, or sight, including, but not limited to, blood, fish, or other material upon which sharks may feed, and surface or underwater decoys.
(Amended by Stats. 2022, Ch. 437, Sec. 1. (AB 2109) Effective January 1, 2023.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5520.

5520. It is the intent of the Legislature that the commission undertake management of abalone in a manner consistent with the abalone recovery and management plan submitted pursuant to Section 5522.
(Added by Stats. 1997, Ch. 787, Sec. 1. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5521.

5521. A moratorium is imposed on the taking, possessing, or landing of abalone (genus Haliotis) for commercial or recreational purposes in ocean waters of the state south of a line drawn due west magnetic from the center of the mouth of the San Francisco Bay, including all islands offshore the mainland of California, including, but not limited to, the Farallon Islands and the Southern California Channel Islands. It is unlawful to take, possess, or land abalone for commercial or recreational purposes in those ocean waters while the moratorium is in effect.
(Added by Stats. 1997, Ch. 787, Sec. 2. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5521.5.

5521.5. (a) In addition to the moratorium imposed by Section 5521, and notwithstanding any other provision of law, it is unlawful to take abalone for commercial purposes in District 6, 7, 16, 17, or 19A, in District 10 north of Point Lobos, or in District 20 between Southeast Rock and the extreme westerly end of Santa Catalina Island.
(b) For a person who is required to obtain a license pursuant to Section 7145, the possession of more than 12 individual abalone or abalone in excess of the annual bag limit is prima facie evidence that the person possesses the abalone for commercial purposes.
(Amended by Stats. 2007, Ch. 328, Sec. 1. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5521.6.

5521.6. Notwithstanding Sections 5521 and 5521.5, a registered aquaculturist may collect abalone for broodstock, in accordance with subdivision (b) of Section 15301.
(Added by Stats. 1999, Ch. 483, Sec. 6. Effective January 1, 2000.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 1 - Miscellaneous › Section 5523.

5523. (a) (1) If the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines, based on thorough and adequate scientific evidence, that any species or subspecies of fish is likely to pose a human health risk from high levels of toxic substances, the Director of Fish and Wildlife may order the closure of any waters or otherwise restrict the taking in state waters of that species.
(2) After the Director of Fish and Wildlife orders the closure of any waters or restricts the taking of any species of fish pursuant to paragraph (1), the Director of Fish and Wildlife shall notify the commission and request that the commission schedule a public discussion of the closure or restriction at its next scheduled full commission meeting.
(3) A fishing vessel may transit closed waters in possession of species where take is otherwise restricted pursuant to paragraph (1) if the vessel adheres to electronic monitoring requirements specified by the department.
(b) (1) When the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines that a health risk no longer exists, the Director of Environmental Health Hazard Assessment shall notify the Director of Fish and Wildlife and shall request that any waters closed pursuant to subdivision (a) be reopened for fishing and any restrictions imposed pursuant to subdivision (a) be lifted.
(2) Upon receiving the notification and request pursuant to paragraph (1), the Director of Fish and Wildlife shall open any waters closed pursuant to subdivision (a) and lift any restrictions imposed pursuant to subdivision (a) in a manner that promotes a fair and orderly fishery.
(c) It is unlawful to take any fish from any closed waters or to otherwise violate any restriction on take imposed pursuant to this section.
(d) If there is a delay in the opening of any waters for Dungeness crab season pursuant to this section, the Director of Fish and Wildlife may further delay opening those waters in order to provide 72-hours’ notice before a gear setting period. If, with 72-hours’ notice, the gear setting period would begin on a federal holiday, a state holiday, the day before Thanksgiving Day, December 24, or December 31, the Director of Fish and Wildlife may delay opening those waters for the additional time that is necessary to begin the gear setting period on the next day that is not one of those days.
(e) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to actions taken pursuant to this section.
(Amended by Stats. 2021, Ch. 757, Sec. 2. (SB 80) Effective October 9, 2021.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 1 - General › Section 5651.

5651. Whenever it is determined by the department that a continuing and chronic condition of pollution exists, the department shall report that condition to the appropriate regional water quality control board, and shall cooperate with the board in obtaining correction or abatement in accordance with any laws administered by the board for the control of practices for sewage and industrial waste disposal.
(Amended by Stats. 1985, Ch. 1429, Sec. 1. Effective October 1, 1985.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 1 - General › Section 5652.

5652. (a) It is unlawful to deposit, permit to pass into, or place where it can pass into the waters of the state, or to abandon, dispose of, or throw away, within 150 feet of the high water mark of the waters of the state, any cans, bottles, garbage, motor vehicle or parts thereof, rubbish, litter, refuse, waste, debris, or the viscera or carcass of any dead mammal, or the carcass of any dead bird.
(b) The abandonment of any motor vehicle in any manner that violates this section shall constitute a rebuttable presumption affecting the burden of producing evidence that the last registered owner of record, not having complied with Section 5900 of the Vehicle Code, is responsible for that abandonment and is thereby liable for the cost of removal and disposition of the vehicle. This section prohibits the placement of a vehicle body on privately owned property along a streambank by the property owner or tenant for the purpose of preventing erosion of the streambank.
(c) This section does not apply to a refuse disposal site that is authorized by the appropriate local agency having jurisdiction or to the depositing of those materials in a container from which the materials are routinely removed to a legal point of disposal.
(d) This section shall be enforced by all law enforcement officers of this state.
(Amended by Stats. 2007, Ch. 285, Sec. 107. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 1 - General › Section 5653.1.

5653.1. (a) The issuance of permits to operate vacuum or suction dredge equipment is a project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and permits may only be issued, and vacuum or suction dredge mining may only occur as authorized by any existing permit, if the department has caused to be prepared, and certified the completion of, an environmental impact report for the project pursuant to the court order and consent judgment entered in the case of Karuk Tribe of California et al. v. California Department of Fish and Game et al., Alameda County Superior Court Case No. RG 05211597.
(b) Notwithstanding Section 5653, the use of any vacuum or suction dredge equipment in any river, stream, or lake of this state is prohibited until the director certifies to the Secretary of State that all of the following have occurred:
(1) The department has completed the environmental review of its existing suction dredge mining regulations, as ordered by the court in the case of Karuk Tribe of California et al. v. California Department of Fish and Game et al., Alameda County Superior Court Case No. RG 05211597.
(2) The department has transmitted for filing with the Secretary of State pursuant to Section 11343 of the Government Code, a certified copy of new regulations adopted, as necessary, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(3) The new regulations described in paragraph (2) are operative.
(4) The new regulations described in paragraph (2) fully mitigate all identified significant environmental impacts.
(5) A fee structure is in place that will fully cover all costs to the department related to the administration of the program.
(c) The Legislature finds and declares that this section, as added during the 2009–10 Regular Session, applies solely to vacuum and suction dredging activities conducted for instream mining purposes. This section does not expand or provide new authority for the department to close or regulate suction dredging conducted for regular maintenance of energy or water supply management infrastructure, flood control, or navigational purposes governed by other state or federal law.
(d) This section does not prohibit or restrict nonmotorized recreational mining activities, including panning for gold.
(Amended by Stats. 2023, Ch. 132, Sec. 106. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 1 - General › Section 5653.3.

5653.3. Any person required to possess a permit pursuant to Section 5653 shall present his or her dredging equipment for inspection upon request of a state or county fish and game warden.
(Added by Stats. 1988, Ch. 1037, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 1 - General › Section 5653.5.

5653.5. For purposes of Section 5653, “river, stream, or lake” means the body of water at the current water level at the time of the dredging.
(Added by Stats. 1988, Ch. 1037, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 1 - General › Section 5653.7.

5653.7. In the event of an unanticipated water level change, when necessary to protect fish and wildlife resources, the department may close areas that were otherwise opened for dredging and for which permits were issued pursuant to Section 5653.
(Added by Stats. 1988, Ch. 1037, Sec. 4.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 1 - General › Section 5653.8.

5653.8. For purposes of Sections 5653 and 5653.3, “person” does not include a partnership, corporation, or other type of association.
(Added by Stats. 1994, Ch. 1109, Sec. 2. Effective September 29, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 1 - General › Section 5653.9.

5653.9. The department shall adopt regulations to carry out Section 5653 and may adopt regulations to carry out Sections 5653.3, 5653.5, and 5653.7. The regulations shall be adopted in accordance with the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1994, Ch. 775, Sec. 2. Effective January 1, 1995.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 1 - General › Section 5656.

5656. Any recovery or settlement of money damages, including, but not limited to, civil penalties arising out of any civil action filed and maintained by the Attorney General in the enforcement of this article shall be deposited in the Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund.
(Amended by Stats. 1995, Ch. 720, Sec. 3. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 2 - Shellfish Area Contamination › Section 5669.

5669. For purposes of this chapter, “shellfish” means any bivalve mollusk.
(Added by Stats. 1982, Ch. 1486, Sec. 9.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 2 - Shellfish Area Contamination › Section 5670.

5670. It is unlawful to take shellfish used or intended to be used for human consumption from any area from which it shall be determined, as provided in this article, that the taking of shellfish does or may constitute a menace to the lives or health of human beings.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 2 - Shellfish Area Contamination › Section 5671.

5671. The State Department of Public Health may:
(a) Examine any area from which shellfish may be taken.
(b) Determine whether the area is subject to sewage contamination.
(c) Determine whether the taking of shellfish from the area does or may constitute a menace to the lives or health of human beings.
(Amended by Stats. 2023, Ch. 132, Sec. 108. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 2 - Shellfish Area Contamination › Section 5672.

5672. Upon the determination by the State Department of Public Health that the area is or may be subject to sewage contamination, and that the taking of shellfish from it does or may constitute a menace to the lives or health of human beings, it shall ascertain as accurately as it can the bounds of the contamination, and shall post notices on or in the area describing its bounds and prohibiting the taking of shellfish therefrom.
The taking of shellfish from the area is unlawful after the completion of the publication of the notices as prescribed in this article.
(Amended by Stats. 2023, Ch. 132, Sec. 109. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 2 - Shellfish Area Contamination › Section 5673.

5673. The fact of posting the notices shall be published once a week for four successive weeks in some newspaper of general circulation published in the county in which the contaminated area is situated, if there is such a newspaper, and if there is none, then in such a newspaper published in an adjoining county.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 2 - Shellfish Area Contamination › Section 5674.

5674. The State Department of Public Health shall enforce the provisions of this article, and for that purpose the inspectors and employees of that agency may enter at all times upon public or private property upon which shellfish may be located.
(Amended by Stats. 2023, Ch. 132, Sec. 110. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 2 - Shellfish Area Contamination › Section 5675.

5675. If examinations are conducted pursuant to this article for purposes of certifying the quality of shellfish-growing waters, certification of water quality shall be commenced within 30 days, and completed within three months of the filing of an application by an aquaculturist.
(Added by Stats. 1982, Ch. 1486, Sec. 10.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 2.5 - Purification of Mollusks › Section 5700.

5700. (a) Notwithstanding Sections 5670, 5672, 8341, and 9050, native and nonnative mollusks may be taken in Districts 12 and 13 and moved to other areas to be purified for human consumption under rules and regulations established by the commission. Those regulations may include, but are not limited to, bag limits, methods of harvest, and provisions for public use.
(b) Mollusks taken under this section shall not be used for human consumption unless that use is approved by the State Department of Public Health.
(Amended by Stats. 2023, Ch. 132, Sec. 111. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 2.5 - Purification of Mollusks › Section 5701.

5701. (a) The State Department of Public Health may make sanitary surveys of mollusk-growing areas or may use sanitary surveys of mollusk-growing areas made by qualified state or county agencies, and based on that information may classify those areas for purposes of harvesting and moving mollusks that are to be purified for human consumption in accordance with Section 5700.
(b) The State Department of Public Health shall adopt rules and regulations necessary to implement this section.
(Amended by Stats. 2023, Ch. 132, Sec. 112. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 2.5 - Purification of Mollusks › Section 5701.5.

5701.5. If examinations are conducted by the State Department of Public Health pursuant to this article for purposes of certifying the quality of shellfish-growing waters, certification of water quality shall be commenced within 30 days and completed within six months of the filing of an application by an aquaculturist.
(Amended by Stats. 2023, Ch. 132, Sec. 113. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 2.5 - Purification of Mollusks › Section 5702.

5702. Any person who moves any native mollusks taken under regulations of the commission from Districts 12 and 13 for purposes of purification for human consumption shall pay a royalty, as the commission may prescribe, of not less than two cents ($0.02) per pound of mollusks so taken.
(Added by Stats. 1976, Ch. 1019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 3 - Trinity and Klamath River Fish and Game District › Section 5800.

5800. (a) It is unlawful to conduct any mining operation in the Trinity and Klamath River Fish and Game District between July 1 and November 30, except when the debris, substances, tailings or other effluent from those operations do not and cannot pass into the waters in that district.
(b) It is unlawful between July 1 and November 30 to pollute, muddy, contaminate, or roil the waters of the Trinity and Klamath River Fish and Game District, or to deposit in or cause, suffer, or procure to be deposited in, permit to pass into, or place where it can pass into, those waters, any debris, substance or tailings from hydraulic, placer, milling, or other mining operation affecting the clarity of those waters. The clarity of those waters shall be deemed affected when those waters at a point a distance of one mile below the confluence of the Klamath River and the Salmon River or at a point a distance of one mile below the confluence of the South Fork of the Trinity River and the Trinity River, contain 50 parts per million, by weight, of suspended matter, not including vegetable matter in suspension and suspended matter occurring in the stream or streams due to an act of God.
(c) It is unlawful, between July 1 and November 30 to carry on or operate any hydraulic mine of any kind on, along, or in any waters flowing into the Trinity and Klamath River Fish and Game District.
(d) Nothing in this section shall prevent the operation of a hydraulic mine where the tailings, substance, or debris, or other effluent from that mine does not or will not pass into the waters of the Trinity and Klamath River Fish and Game District, between July 1 and November 30, and any person, firm, or corporation engaged in hydraulic mining shall have the right until July 15 to use water for the purpose of cleaning up.
(e) Any structure or contrivance that is used to violate this section is a public nuisance.
(f) Any person, firm, or corporation that maintains or permits a structure or contrivance used in violating this section is guilty of maintaining a public nuisance.
(g) It is the duty of the district attorney of the county where the violation occurs or the acts creating the public nuisance occur to bring action to abate that nuisance.
(Amended by Stats. 2023, Ch. 132, Sec. 114. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 3 - Trinity and Klamath River Fish and Game District › Section 5801.

5801. Section 5800 does not affect any other laws applying to the territory included in the Trinity and Klamath River Fish and Game District which relate to birds, mammals, and fish.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 3 - Trinity and Klamath River Fish and Game District › Section 5802.

5802. Section 5800 does not apply to the construction, repair, or maintenance of public works by the Federal or State Government, or any political subdivision thereof.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 2 - Pollution › ARTICLE 3 - Trinity and Klamath River Fish and Game District › Section 5803.

5803. No provision of this article is a limitation on the authority of the State Water Resources Control Board or any California Regional Water Quality Control Board to adopt and enforce additional discharge requirements or prohibitions.
(Added by Stats. 1970, Ch. 918.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 1 - General Provisions › Section 5900.

5900. As used in this chapter:
(a) “Dam” includes all artificial obstructions.
(b) “Conduit” includes pipe, millrace, ditch, flume, siphon, tunnel, canal, and any other conduit or diversion used for the purpose of taking or receiving water from any river, creek, stream, or lake.
(c) “Owner” includes the United States (except that for the purpose of Sections 5901, 5931, 5933, and 5938, “owner” does not include the United States as to any dam in the condition the dam existed on September 15, 1945), the State, a person, political subdivision, or district (other than a fish and game district) owning, controlling or operating a dam or pipe.
(d) “United States” means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto.
(Amended by Stats. 1961, Ch. 867.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 1 - General Provisions › Section 5901.

5901. Except as otherwise provided in this code, it is unlawful to construct or maintain in any stream in Districts 1, 1
3
/
8
, 1
1
/
2
, 2, 2
1
/
4
, 2
1
/
2
, 3, 3
1
/
2
, 4, 4
1
/
8
, 4
1
/
2
, 4
3
/
4
, 11, 12, 13, 23, and 25, any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream.
(Amended by Stats. 2023, Ch. 132, Sec. 115. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 1 - General Provisions › Section 5902.

5902. In including the United States within the scope of this chapter the Legislature declares that it understands that the law and policy of the United States with respect to the development of water resources, the reclamation of land from flood and overflow, and in all other respects is to comply with state laws respecting water. The provisions of this chapter provide a procedure for the United States to comply with the provisions and policy of state law respecting its subject matter.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 1 - General Provisions › Section 5903.

5903. The United States shall file with the commission pursuant to this chapter a separate application for each dam it proposes to construct or enlarge if an owner other than the United States would be required to file an application pursuant to Division 3 of the Water Code in order to construct or enlarge the same dam. The application shall be on forms provided by the department.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 1 - General Provisions › Section 5904.

5904. The application of the United States shall give the following information:
(a) The name and address of the owner.
(b) The location, type, size, and height of the proposed dam and appurtenant works.
(c) The storage capacity of the reservoir.
(d) Such other pertinent information as the commission requires.
(e) As accurately as may be readily obtained, the area of the drainage basin, rainfall, and stream flow records and flood flow records and estimates.
(f) The purpose for which the impounded or diverted water is to be used.
(g) Such other appropriate information as may be necessary in a given instance.
In instances wherein the physical conditions involved and the size of the dam are such as to render the above requirements as to drainage areas, rainfall, stream flow, and flood flow unnecessary, the commission may waive the requirements.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5930.

5930. The department shall, from time to time, examine all dams in all rivers and streams in this State naturally frequented by fish.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5931.

5931. If, in the opinion of the commission, there is not free passage for fish over or around any dam, the department shall cause plans to be furnished for a suitable fishway, and order in writing the owner of the dam to provide the dam, within a specified time, with a durable and efficient fishway, of such form and capacity and in such location as shall be determined by the department. Such fishway shall be completed by the owner of the dam to the satisfaction of the department within the time specified.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5932.

5932. When all of the provisions of this article have been complied with, if in the opinion of the commission changed conditions make additional structures desirable for the free passage of fish, the department may make such additional structures and may expend such sums of money as it deems necessary for such additional construction, including the cost of insurance against any liability which the department may incur in connection with such structures.
(Enacted by Stats. 1957, Ch. 456.)