reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 2 - Findings and Declarations › Section 1755.

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 wildlife and native plants and the habitat necessary to insure their continued existence at the optimum levels possible to insure the policies stated in paragraphs (2), (3), and (4).
(2) To provide for the beneficial use and enjoyment of wildlife and native plants by all citizens of the state.
(3) To perpetuate native plants and all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to man.
(4) To provide for aesthetic, educational, and nonappropriative uses of the various wildlife and native plant species.
(b) That the conservation and enhancement of wildlife species which are not the object of hunting and native plant species is in the general public interest and it is appropriate that the cost of programs to achieve such conservation and enhancement, including the biological and botanical research necessary thereto, and the diffusion of the information resulting therefrom to the public, be borne to the extent necessary by general public funds.
(Amended by Stats. 1977, Ch. 1181.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 2 - Findings and Declarations › Section 1756.

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 plants.
(b) It is the policy of the state to require the recreational users of the state’s wildlife resources to support the management of lands managed by the department and the management of wildlife consistent with Section 711.
(Amended by Stats. 1988, Ch. 1539, Sec. 5.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 2.5 - Bird Habitat Conservation › Section 1758.

1758. The department shall annually provide an opportunity for licensed hunters to comment and make recommendations on the public hunting programs, including anticipated habitat conditions in the hunting areas on Type A and Type B Wildlife Areas, as defined under the commission’s regulations, through public meetings or other public outreach. In complying with this section, the department may hold regional meetings on its hunting programs for several different wildlife areas.
(Added by Stats. 2013, Ch. 387, Sec. 2. (SB 749) Effective January 1, 2014.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 3 - Native Species Conservation and Enhancement Account › Section 1760.

1760. The department shall maintain within the Fish and Game Preservation Fund a Native Species Conservation and Enhancement Account, which is hereby created, to permit separate accountability for the receipt and expenditure of moneys derived through donation from persons or organizations for the support of nongame and native plant species conservation and enhancement programs.
(Amended by Stats. 1977, Ch. 1181.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 3 - Native Species Conservation and Enhancement Account › Section 1761.

1761. Whenever the department receives funds from persons or organizations for the support of nongame and native plant species conservation and enhancement programs, such funds shall be deposited in the Fish and Game Preservation Fund and credited to the Native Species Conservation and Enhancement Account.
(Amended by Stats. 1977, Ch. 1181.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 3 - Native Species Conservation and Enhancement Account › Section 1762.

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 conservation and enhancement programs a suitably prepared certificate, decal, medallion, or other object of public appreciation signifying the interest of such person or organization in the conservation and enhancement of native plant and wildlife species. The commission shall approve the form, nature, and content of any certificate, decal, medallion or other object proposed for use by the department pursuant to this section.
(Amended by Stats. 1977, Ch. 1181.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 3 - Native Species Conservation and Enhancement Account › Section 1763.

1763. The department may take all appropriate measures to encourage donations by individuals, organizations, and public agencies to the Native Species Conservation and Enhancement Account, including, but not limited to, public information concerning the status of native plant and wildlife species threatened by the activities of man. The cost to the department to carry out the provisions of this section may be charged to the Native Species Conservation and Enhancement Account.
(Amended by Stats. 1977, Ch. 1181.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 3 - Native Species Conservation and Enhancement Account › Section 1764.

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 shall be required. No designation shall be effective until a management plan for the area has been presented at a public meeting and the plan has been approved by the director.
(b) No person shall enter the designated area unless that person possesses an annual wildlife area pass or a day use pass issued pursuant to Section 1765, a valid hunting license issued pursuant to Section 3031, a valid trapping license issued pursuant to Section 4006, or a valid sport fishing license issued pursuant to Section 7149.05, 7150, or 7151, or that person is a member of a tour by an organized youth or school group that has been issued a day use pass.
(c) Notwithstanding subdivision (b), possession of a license or pass shall not be required of any person who:
(1) Is passing through the area on a public right-of-way.
(2) Possesses authorization by the commission or the department to conduct scientific or educational research.
(3) Is discharging duties in the course of employment, as specified by the department.
(4) Possesses written authorization from the department to enter the area for a specific purpose.
(Amended by Stats. 2015, Ch. 683, Sec. 15. (SB 798) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 3 - Native Species Conservation and Enhancement Account › Section 1765.

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 department managed lands subject to Section 1764 for the period of a calendar year or, if issued after the beginning of the year, for the remainder thereof. The fee for the annual wildlife area pass is ten dollars ($10). The fee for the day use pass is two dollars ($2); however, a tour by an organized youth or school group is exempt from the payment of this fee. The fees shall be adjusted in the calendar years following 1989 in accordance with Section 713. A person under the age of 16 years is exempt from the payment of fees under this section for an annual wildlife area pass or a day use pass.
(b) Any person eligible for a reduced fee or free sportfishing license pursuant to Section 7150 or 7151 shall be issued an annual wildlife area pass upon application therefor and under the same conditions and for the same fee as provided in those sections. There shall be appropriated in the annual Budget Act from the General Fund, for transfer to the Native Species Conservation and Enhancement Account, a sum equal to two dollars ($2) for each free annual wildlife area pass issued pursuant to this subdivision during the preceding calendar year.
(Added by Stats. 1988, Ch. 1539, Sec. 7.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 3 - Native Species Conservation and Enhancement Account › Section 1766.

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 dollars and fifty cents ($7.50), as adjusted in the calendar years following 1989 in accordance with Section 713.
(Added by Stats. 1988, Ch. 1539, Sec. 8.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 3 - Native Species Conservation and Enhancement Account › Section 1767.5.

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 Fish and Game Preservation Fund, and shall be available for appropriation for expenditure in the 1988–89 and subsequent fiscal years in the following order of priority:
(1) Repayment of any loan to the account from the Fish and Game Preservation Fund. The amounts repaid annually shall be prorated to complete the repayment with interest on or before July 1, 1993. Interest shall be calculated at the rate earned by the Surplus Money Investment Fund from the date funds for the loan were advanced to the date of repayment.
(2) The costs of ongoing wildlife management programs incurred at any lands managed by the department alone or cooperatively with other governmental agencies, irrespective of their designation pursuant to Section 1764, that are not adequately funded under subdivision (a) or (c) of Section 711.
(3) The costs of natural history education and recreational programs and improvements at areas designated pursuant to Section 1764.
(4) Augmentation of wildlife management programs and acquisition of additional lands at areas designated pursuant to Section 1764.
(b) Revenues from fees and sales under this article and Section 1055.3 shall be used to augment and not to replace money appropriated from existing funds available to the department for the purposes specified in subdivision (a).
(Amended by Stats. 1992, Ch. 1370, Sec. 7. Effective October 27, 1992.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 3 - Native Species Conservation and Enhancement Account › Section 1768.

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 within the meaning of Section 9 of Article XVI of the California Constitution.
(Added by Stats. 1988, Ch. 1539, Sec. 10.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 3 - Native Species Conservation and Enhancement Account › Section 1769.

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, and to promote the sale of native species stamps, promotional materials, and nature study aids to provide revenue for the support of the department. The measures may include, but are not limited to, the dissemination of public information concerning the status of wildlife, fish, and plant species, conservation activities of the department, and programs and facilities provided by the department for the enjoyment of the lands managed by the department.
(Added by Stats. 1988, Ch. 1539, Sec. 11.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 4 - Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account › Section 1770.

1770. The department shall maintain within the Fish and Game Preservation Fund an Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account which is hereby created.
(Added by Stats. 1983, Ch. 1058, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 4 - Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account › Section 1771.

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 Revenue and Taxation Code for the support of this article, the funds shall be deposited in the Fish and Game Preservation Fund and credited to the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account. These funds are for the support of programs for endangered and rare animals and native plant species as determined by the commission, related conservation and enhancement programs, and programs for those species which may be candidates for determination as endangered or rare under the criteria developed by the commission.
(b) The administrative overhead assessment on that portion of funds deposited in the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account expended through contracts shall not exceed 15 percent.
(Amended by Stats. 2023, Ch. 132, Sec. 22. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 4 - Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account › Section 1772.

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 (commencing with Section 18741) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(b) The department may also disseminate information to the public concerning the status of endangered and rare species.
(c) The cost to the department to carry out the provisions of this section may be charged to this account.
(Amended by Stats. 2023, Ch. 132, Sec. 23. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 5 - Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund › Section 1773.

1773. The department shall maintain the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund established pursuant to Section 18749.1 of the Revenue and Taxation Code.
(Added by Stats. 2017, Ch. 504, Sec. 1. (AB 1031) Effective January 1, 2018.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 5 - Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund › Section 1773.1.

1773.1. (a) The funds deposited in the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund pursuant to Article 5.2 (commencing with Section 18749) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code are for the support of a competitive grant program to be established by the department for the purposes of the recovery and rehabilitation of injured, sick, or orphaned wildlife, and conservation education.
(b) A maximum of 5 percent of the funds allocated to the department may be used to defray the administrative expenses associated with administering the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund.
(Added by Stats. 2017, Ch. 504, Sec. 1. (AB 1031) Effective January 1, 2018.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.5 - Native Species Conservation and Enhancement › ARTICLE 5 - Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund › Section 1773.2.

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 criteria:
(a) The applicant shall provide proof that it is a nonprofit organization that operates a wildlife rehabilitation facility permitted pursuant to Section 679 of Title 14 of the California Code of Regulations.
(b) The applicant shall be in compliance with all conditions of its Wildlife Rehabilitation Memorandum of Understanding.
(c) The applicant shall maintain active participation in the wildlife rehabilitation medical database.
(Added by Stats. 2017, Ch. 504, Sec. 1. (AB 1031) Effective January 1, 2018.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 1 - General Provisions › Section 1775.

1775. This chapter shall be known and may be cited as the Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 1 - General Provisions › Section 1776.5.

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 mitigation bank sites.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 1 - General Provisions › Section 1777.

1777. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 1 - General Provisions › Section 1777.2.

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 this chapter to compensate for adverse impacts caused by removal or fill permit activities authorized pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.). “Bank site” or “mitigation bank site” may include land on which rice is grown as long as those lands are managed as ricelands and those lands meet the other requirements of Section 1784.
(Amended by Stats. 1995, Ch. 928, Sec. 1. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 1 - General Provisions › Section 1777.5.

1777.5. “Credit” means a numerical value that represents the wetland acreage and habitat values of a mitigation bank site.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 1 - General Provisions › Section 1778.

1778. “Operator” means the department, or a public or private person or entity approved by the department, to administer a wetlands mitigation bank site.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 1 - General Provisions › Section 1778.5.

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 federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.) for the removal or filling of wetlands, subject to a condition that allows the permittee to compensate for the wetland loss through participation in a wetland mitigation bank pursuant to this chapter.
(b) Proposes to compensate for the loss of the wetlands through participation in a wetlands mitigation bank pursuant to this chapter.
(c) Proposes the discharge at a site within a qualifying urban area and not more than 40 miles from a bank site with sufficient acreage of the same types of wetlands that will provide suitable replacement habitat for the values that may be lost from the conversion of the existing wetlands.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 1 - General Provisions › Section 1779.

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 50,000 or more inhabitants within the jurisdiction of a city, or a town, as defined by Sections 20 and 21 of the Government Code.
(b) A portion of any geographical area within a town, as defined in Section 21 of the Government Code, which has a population density equal to, or exceeding, 1,500 persons per square mile and which has a population of 50,000 or more inhabitants.
(c) A geographical area having a population density equal to, or exceeding, 1,500 persons per square mile, and an adjacent city, as defined in Section 20 of the Government Code, where the combined population of the geographical area and the city equals 50,000 or more inhabitants.
(d) A geographical area within the sphere of influence of a city or community services district for which the projected population of the adopted general plan equals 10,000 or more inhabitants.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 1 - General Provisions › Section 1779.5.

1779.5. “Sacramento-San Joaquin Valley” means the central valley region, as defined in subdivision (g) of Section 13200 of the Water Code.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 2 - Legislative Goals › Section 1780.

1780. The purpose of this chapter is to ensure that no net loss of wetland acreage or habitat values within the Sacramento-San Joaquin Valley occurs as a result of fill permit activities pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.).
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 2 - Legislative Goals › Section 1781.

1781. It is the state’s goal to increase the total wetlands acreage and values within the Sacramento-San Joaquin Valley.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 3 - Wetlands Mitigation Banks › Section 1785.

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 bank site and the operator qualify under the criteria established by the department pursuant to this chapter. The determination that a bank site qualifies under this chapter is a project for purposes of Section 21065 of the Public Resources Code.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 3 - Wetlands Mitigation Banks › Section 1786.

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 memorandum of understanding with the operator. The United States Environmental Protection Agency, the United States Army Corps of Engineers, the Fish and Wildlife Service of the United States Department of the Interior, the Central Valley Regional Water Quality Control Board, and the State Department of Health Services or its designee, or any of them, may be signatories by indicating to the department their interest in participating within 90 days of being notified by the department of the department’s intent to initiate the procedures described in this section. Any county located in whole or in part in the Sacramento-San Joaquin Valley may, by ordinance, require that it be a signatory to any memorandum of understanding for a bank site to be established within its boundary.
(b) The memorandum of understanding shall include, but is not limited to, all of the following items:
(1) Identification of the mitigation bank site, including the legal property description, acreage, types, and location of existing wetlands within the boundaries of the bank site.
(2) An agreement, by each of the governmental agencies in subdivision (a), that all new, successfully created wetland acreage shall qualify to be credited against the approved removal or fill of wetlands located in the qualifying urban area and within 40 miles of the bank site and is consistent with the procedures set out in this chapter.
(3) An agreement by the operator to do both of the following:
(A) Maintain all wetland habitat within the bank in optimum condition in perpetuity, barring an unforeseen natural catastrophe that precludes the viability of wetlands.
(B) Establish a trust or bond in favor of the department that provides sufficient funds to ensure administration, protection, operation, and maintenance in perpetuity of the wetland habitat acreage and values at the mitigation bank site if the operator defaults in performing the duties required pursuant to subparagraph (A).
(4) In the case of privately owned bank sites, identification of the circumstances that would constitute a major breach of the agreement and that would result in either the replacement of the operator, or the passing of title from the owner to the state, or both, including identification of procedures for adequate notice and opportunity for the operator to be heard and to correct any breach.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 3 - Wetlands Mitigation Banks › Section 1787.

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 taxes levied on the property at the time title to the bank site is transferred to that entity. The public entity shall also pay the assessments levied upon the property by any irrigation, drainage, or reclamation district.
(b) Payments under this section shall be made on or before December 10 of each year, except for newly acquired bank sites, for which payments shall be made pursuant to subdivision (c).
(c) Payments for newly acquired bank sites shall be made within one year of the date title to the property was transferred to the state, prorated for the balance of the year from the date title was transferred to the 30th day of June following the date title was transferred, and, thereafter, payments shall be made on or before December 10 of each year.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 4 - Wetlands › Section 1790.

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 20 acres in size, the operator may request a determination by the department of the number of acres in the mitigation bank site, and the relative habitat value thereof, that qualify for credit against prospective wetland loss in the qualifying urban area. In determining the amount of mitigation bank credit, no credit shall be provided for habitat values or acreage that was in existence prior to the establishment of the bank.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 4 - Wetlands › Section 1791.

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 criteria established pursuant to Section 1784, and the department shall classify those wetlands according to established biological criteria.
(b) The classifications shall include, but are not limited to, the following wetland types:
(1) Perennial freshwater marsh.
(2) Perennial brackish marsh.
(3) Seasonal freshwater marsh.
(4) Wet meadow.
(5) Vernal pool.
(6) Riparian woodland.
(7) Riparian scrub.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 4 - Wetlands › Section 1792.

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 a minimum price for each bank established pursuant to this chapter. The operator may set a higher price to the extent that price is consistent with the terms of the memorandum of understanding executed pursuant to Section 1785. After the department determines the number of wetland acres in the bank site that qualify for credit against wetland loss in a qualifying urban area, the operator shall provide to the department, and the department shall verify, an accounting of the average cost for each wetland acre created, by wetland type for the purpose of determining credits, using the following factors:
(a) Land costs, including the reasonable interest cost of holding the land.
(b) Wetland creation costs.
(c) Wetland administration, maintenance, and protection costs.
(d) Annual taxes, including all tax increases allowed under applicable state law, and in-lieu payments pursuant to Section 1787, if applicable.
(e) Costs incurred by the department in establishing the bank site, and the direct cost of necessary ongoing monitoring and oversight.
(f) Any other information relevant to a determination of the cost of preserving the wetlands in perpetuity.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 4 - Wetlands › Section 1792.5.

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 person establishing a wetland mitigation bank. The agreement shall be approved by all parties prior to the commencement of planning activities.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 5 - Discharge into Wetlands › Section 1793.

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 wetlands that the permittee will remove according to wetland type, consistent with Article 4 (commencing with Section 1790).
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 5 - Discharge into Wetlands › Section 1794.

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) of subdivision (b) of Section 1786 and, in addition, is subject to the following conditions:
(a) The full payment shall be used to purchase credits in the mitigation bank site.
(b) The payment shall provide for purchase of bank site wetland acreage required by Section 1793 that has the same hydrologic, vegetative, and other characteristics as the system for which it will serve as mitigation.
(c) A permittee shall not participate in a wetlands mitigation bank if a net loss of wetland habitat values or acreage occurs.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 5 - Discharge into Wetlands › Section 1795.

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 payment was made, unless the permittee has an equity involvement in the bank.
(Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.8 - Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 › ARTICLE 5 - Discharge into Wetlands › Section 1796.

1796. No bank site shall be qualified under Section 1785 on or after January 1, 2015.
(Amended by Stats. 2009, Ch. 294, Sec. 8. (AB 1442) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.9 - Conservation Bank and Mitigation Bank Applications and Fees › Section 1797.5.

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 and mitigation bank.
(b) “Bank enabling instrument” means a written agreement with the department regarding the establishment, use, operation, and maintenance of the bank.
(c) “Bank sponsor” means the person or entity responsible for establishing and operating a bank.
(d) “Conservation bank” means a publicly or privately owned and operated site that is to be conserved and managed in accordance with a written agreement with the department that includes provisions for the issuance of credits, on which important habitat, including habitat for threatened, endangered, or other special status species, exists, has been, or will be created to do any of the following:
(1) Compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.
(2) Reduce adverse impacts to fish or wildlife resources from activities, authorized pursuant to Chapter 6 (commencing with Section 1600) of Division 2, to less than substantial.
(3) Mitigate significant effects on the environment pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations).
(4) Establish mitigation in advance of any impacts or effects.
(5) To the extent feasible and practicable, protect habitat connectivity for fish and wildlife resources for purposes of this section.
(e) “Conservation easement” means a perpetual conservation easement, as defined by Section 815.1 of the Civil Code, covering the real property that comprises the bank site.
(f) “Mitigation bank” means either of the following:
(1) A bank site or mitigation bank site as defined by Section 1777.2.
(2) Any publicly or privately owned and operated site, other than those defined by Section 1777.2, on which wetlands exist, have been, or will be created, and that is to be conserved and managed in accordance with a written agreement with the department for any of the purposes described in paragraphs (1) to (4), inclusive, of subdivision (d).
(g) “Person” has the meaning set forth in subdivision (b) of Section 711.2.
(h) “Prospectus” means a written summary of the proposed bank containing a sufficient level of detail to support informed department review and comment.
(Amended by Stats. 2015, Ch. 625, Sec. 1. (AB 498) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.9 - Conservation Bank and Mitigation Bank Applications and Fees › Section 1798.7.

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 acceptability in accordance with the timelines provided by this chapter and only after the department has collected all appropriate fees pursuant to this chapter.
(Added by Stats. 2012, Ch. 565, Sec. 14. (SB 1148) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.9 - Conservation Bank and Mitigation Bank Applications and Fees › Section 1799.1.

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 separate dedicated account within the Fish and Game Preservation Fund and expended for the purposes of this chapter.
(c) The department shall adopt and amend guidelines and criteria to implement this chapter. The department shall develop these guidelines and criteria in coordination with interested parties, including, but not limited to, bank sponsors, conservation organizations, and federal and state bank approving agencies. The guidelines shall incorporate all relevant documents and program guidance, including, but not limited to, the 2011 Memorandum of Understanding approved by the United States Fish and Wildlife Service, the United States Army Corps of Engineers, and the United States Environmental Protection Agency, for the purpose of jointly establishing a framework for developing and using combined or coordinated approaches to mitigation and conservation banking in California. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment, of guidelines or criteria pursuant to this section. The guidelines and criteria shall be posted on the department’s Internet Web site.
(d) The costs of a conservation and mitigation banking program, including, but not limited to, costs incurred by the department during its guideline adoption and review, approval, establishment, monitoring, and oversight of banks, shall be reimbursed from revenues of conservation and mitigation bank application fees imposed pursuant to Sections 1798.5, 1798.6, and 1799.
(Added by Stats. 2012, Ch. 565, Sec. 14. (SB 1148) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 8 - Conservation of Wildlife Resources › ARTICLE 2 - Policy › Section 1801.

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 and influence of the state. This policy shall include the following objectives:
(a) To maintain sufficient populations of all species of wildlife and the habitat necessary to achieve the objectives stated in subdivisions (b), (c), and (d).
(b) To provide for the beneficial use and enjoyment of wildlife by all citizens of the state.
(c) To perpetuate all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to all persons.
(d) To provide for aesthetic, educational, and nonappropriative uses of the various wildlife species.
(e) To maintain diversified recreational uses of wildlife, including the sport of hunting, as proper uses of certain designated species of wildlife, subject to regulations consistent with the maintenance of healthy, viable wildlife resources, the public safety, and a quality outdoor experience.
(f) To provide for economic contributions to the citizens of the state, through the recognition that wildlife is a renewable resource of the land by which economic return can accrue to the citizens of the state, individually and collectively, through regulated management. Such management shall be consistent with the maintenance of healthy and thriving wildlife resources and the public ownership status of the wildlife resources.
(g) To alleviate economic losses or public health or safety problems caused by wildlife to the people of the state either individually or collectively. Such resolution shall be in a manner designed to bring the problem within tolerable limits consistent with economic and public health considerations and the objectives stated in subdivisions (a), (b) and (c).
(h) It is not intended that this policy shall provide any power to regulate natural resources or commercial or other activities connected therewith, except as specifically provided by the Legislature.
(Amended by Stats. 1992, Ch. 279, Sec. 1. Effective January 1, 1993.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 8 - Conservation of Wildlife Resources › ARTICLE 2 - Policy › Section 1802.

1802. The department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. The department, as trustee for fish and wildlife resources, shall consult with lead and responsible agencies and shall provide, as available, the requisite biological expertise to review and comment upon environmental documents and impacts arising from project activities, as those terms are used in the California Environmental Protection Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(Added by Stats. 1990, Ch. 1706, Sec. 10.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 9 - Advance Mitigation And Regional Conservation Investment Strategies › Section 1850.

1850. (a) The Legislature finds and declares that it would be beneficial to identify species and habitat conservation initiatives at a regional scale, including actions to address the impacts of climate change and other wildlife stressors, in order to guide voluntary investments in conservation, and compensatory mitigation for impacts to ecological resources, including impacts to threatened and endangered species, other sensitive species, natural communities, ecological processes, and wildlife corridors.
(b) The purpose of this chapter is to promote the voluntary conservation of natural resources, including biodiversity and ecological processes, and to enhance resiliency to climate change and other threats. In order to further this goal, it is the policy of the state to encourage voluntary mechanisms to conserve biological and other ecological resources and to identify conservation actions, including actions to promote resiliency to the impacts of climate change and other stressors to species and habitat.
(c) It is further the policy of the state to encourage voluntary mechanisms to identify and implement advance mitigation actions that do all of the following:
(1) Can be used to compensate for project impacts, including, but not limited to, infrastructure and renewable energy projects, more efficiently.
(2) Are effective ecologically.
(3) Will help to conserve regionally important biological and other ecological resources.
(d) In enacting this chapter, it is the intent of the Legislature to promote science-based conservation, including actions to promote resiliency to the impacts of climate change and other stressors. It is further the intent of the Legislature to create nonregulatory mechanisms to guide investments in conservation, infrastructure, and compensatory mitigation for impacts to natural resources, including impacts to threatened and endangered species, other sensitive species, natural communities, ecological processes, and connectivity.
(e) In enacting this chapter, it is not the intent of the Legislature to regulate the use of land, establish land use designations, or to affect, limit, or restrict the land use authority of any public agency.
(f) Further, in enacting this chapter, it is not the intent of the Legislature that an approved regional conservation investment strategy would be binding on independent public agency action within the strategy’s geographic scope.
(Added by Stats. 2016, Ch. 455, Sec. 2. (AB 2087) Effective January 1, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 9 - Advance Mitigation And Regional Conservation Investment Strategies › Section 1857.

1857. (a)  The Fish and Wildlife Regional Conservation Investment Strategy Program Fund is hereby established in the State Treasury.
(b) The department shall collect fees or other compensation from a person or entity that proposes to enter into a mitigation credit agreement, and from a public agency or federally recognized tribe that proposes a regional conservation investment strategy or a regional conservation assessment, to pay for all or a portion of the department’s costs relating to the mitigation credit agreement, proposed strategy, or proposed assessment. Fees received pursuant to this subdivision shall be deposited in the Fish and Wildlife Regional Conservation Investment Strategy Program Fund.
(Amended by Stats. 2022, Ch. 463, Sec. 6. (AB 2805) Effective January 1, 2023.)