reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 3 - Other Powers and Duties › ARTICLE 6 - Cooperative Salmon and Steelhead Rearing Facilities › Section 1200.

1200. The department is authorized to enter into agreements with counties, nonprofit groups, private persons, individually or in combination, for the management and operation of rearing facilities for salmon and steelhead. All such agreements shall be in accordance with the policies of the commission and the criteria of the department which govern the operation under such agreements.
The purpose for operating such facilities shall be to provide additional fishing resources and to augment natural runs.
(Added by Stats. 1975, Ch. 1173.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 3 - Other Powers and Duties › ARTICLE 6 - Cooperative Salmon and Steelhead Rearing Facilities › Section 1201.

1201. An applicant who wishes to enter into an agreement to operate a rearing facility shall demonstrate, to the satisfaction of the department prior to executing such agreement, such applicant’s financial ability to properly operate the rearing facility. The department shall develop and specify the means for an applicant to make such a demonstration.
(Added by Stats. 1975, Ch. 1173.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 3 - Other Powers and Duties › ARTICLE 6 - Cooperative Salmon and Steelhead Rearing Facilities › Section 1202.

1202. All fish handled or released under authority of this article are the property of the state and may be taken only after their release into the wild and under the authority of a sport or commercial fishing license.
(Added by Stats. 1975, Ch. 1173.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 3 - Other Powers and Duties › ARTICLE 6 - Cooperative Salmon and Steelhead Rearing Facilities › Section 1203.

1203. The release of fish reared in facilities pursuant to this article shall be made in accordance with the policy of the commission.
(Added by Stats. 1975, Ch. 1173.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 3 - Other Powers and Duties › ARTICLE 6 - Cooperative Salmon and Steelhead Rearing Facilities › Section 1204.

1204. The department shall fund the agreements provided for in Section 1200 only on a matching basis with the persons or entities who enter into such agreements. Funds appropriated for the purposes of this article shall not be used to purchase equipment or for construction.
The department shall be reimbursed from funds appropriated for the purposes of this article for administrative costs, legal costs, and supervisorial costs relating to the execution and supervision of such agreements by the department.
(Added by Stats. 1975, Ch. 1173.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 3 - Other Powers and Duties › ARTICLE 6 - Cooperative Salmon and Steelhead Rearing Facilities › Section 1205.

1205. The department shall, subject to the limitations of appropriate egg sources and funding, make available fish of appropriate size and species to persons or entities who enter into agreements pursuant to this article.
(Added by Stats. 1975, Ch. 1173.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 3 - Other Powers and Duties › ARTICLE 6 - Cooperative Salmon and Steelhead Rearing Facilities › Section 1206.

1206. Salmon and steelhead raised pursuant to this article shall be released in streams, rivers, or waters north of Point Conception and upon release shall have unimpeded access to the sea.
(Added by Stats. 1975, Ch. 1173.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 3 - Other Powers and Duties › ARTICLE 6.5 - Transgenic Species of Salmonids › Section 1210.

1210. (a) The hatchery production and stocking of transgenic species of salmonids is prohibited.
(b) As used in this section, “transgenic” has the same meaning as in Section 1.92 of Title 14 of the California Code of Regulations, as that section read on May 14, 2003.
(Added by Stats. 2014, Ch. 444, Sec. 1. (AB 504) Effective January 1, 2015.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 3 - Other Powers and Duties › ARTICLE 7 - Nonprofit Partnerships › Section 1225.

1225. All moneys collected or received from gifts or bequests, or from municipal or county appropriations or donations for purposes relating to conservation programs, projects, and activities by the department shall be deposited in the State Treasury to the credit of the Fish and Game Preservation Fund. All moneys deposited pursuant to this section shall be used for purposes relating to conservation programs, projects, and activities by the department.
(Added by Stats. 2012, Ch. 559, Sec. 16. (AB 2402) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 3 - Other Powers and Duties › ARTICLE 7 - Nonprofit Partnerships › Section 1226.

1226. (a) The department may enter into one or more agreements to accept funds from any person, nonprofit organization, or other public or private entity for purposes relating to conservation programs, projects, and activities by the department. Any funds received pursuant to this section shall be deposited in the Fish and Game Preservation Fund. The funds received shall supplement existing resources for purposes relating to conservation programs, projects, and activities by the department.
(b) The department may enter into one or more agreements to accept services from any person, nonprofit organization, or other public or private entity for purposes relating to conservation programs, projects, and activities by the department. Under the direction of the department, these services shall supplement existing staff resources. Agreements for services for the management and operation of department-managed lands shall be subject to the provisions of Section 1745.
(Added by Stats. 2012, Ch. 559, Sec. 16. (AB 2402) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 3 - Other Powers and Duties › ARTICLE 7 - Nonprofit Partnerships › Section 1227.

1227. Notwithstanding any other law, the department may enter into one or more agreements with a person, nonprofit organization, or other public or private entity, as may be appropriate, to assist the department in its efforts to secure long-term private funding sources for purposes relating to conservation programs, projects, and activities by the department. The authority to enter into an agreement under this section shall include, but not be limited to, the authority to secure donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements.
(Amended by Stats. 2015, Ch. 154, Sec. 35. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 1 - Generally › Section 1301.

1301. The preservation, protection and restoration of wildlife within the State is an inseparable part of providing adequate recreation for our people in the interest of public welfare; and it is the policy of the State to acquire and restore to the highest possible level, and maintain in a state of high productivity, those areas that can be most successfully used to sustain wildlife and which will provide adequate and suitable recreation. To carry out these purposes, a single and coordinated program for the acquisition of lands and facilities suitable for recreational purposes, and adaptable for conservation, propagation, and utilization of the fish and game resources of the State, is established.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 2 - The Wildlife Conservation Board › Section 1320.

1320. (a) There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, the Director of Finance, and four public members appointed pursuant to subdivision (b).
(b) (1) The Speaker of the Assembly and the Senate Committee on Rules shall each appoint a public member to serve on the board and the Governor shall appoint two public members to serve on the board. The public members shall each serve a term of four years. If a vacancy occurs during the term of a public member, the appointing authority shall appoint a person to fill the vacancy for a term of four years.
(2) Each public member shall have demonstrated interest and expertise in land acquisition for conservation purposes, including, but not limited to, any of the following:
(A) Experience with activities that benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code.
(B) Experience with a land conservation nonprofit organization, a public agency focused on land conservation, or public land management.
(C) Experience as a professional with expertise in one or more functions of the board, including conservation easements or other interests in real estate designed to further the mission of the board.
(Amended by Stats. 2016, Ch. 481, Sec. 1. (SB 1089) Effective January 1, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 2 - The Wildlife Conservation Board › Section 1322.

1322. The members of the board shall receive their actual and necessary traveling expenses, which shall be paid from the Wildlife Restoration Fund.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 2 - The Wildlife Conservation Board › Section 1323.

1323. Three Members of the Senate, appointed by the Committee on Rules thereof, and three Members of the Assembly, appointed by the Speaker thereof, shall meet with the board and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 2 - The Wildlife Conservation Board › Section 1324.

1324. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and as such shall have the powers and duties imposed upon such a committee by the Joint Rules of the Senate and the Assembly.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1345.

1345. (a) The board shall investigate, study, and determine what areas within the state are most essential and suitable for wildlife production and preservation, and will provide suitable recreation; and shall ascertain and determine what lands within the state are suitable for game propagation, game refuges, bird refuges, waterfowl refuges, game farms, fish hatcheries, game management areas, and what streams and lakes are suitable for, or can be made suitable for, fishing and hunting.
(b) In determining which areas are suitable for fishing and hunting, the board, in consultation with the department, shall take into consideration areas of the state where public access and opportunity for fishing and hunting are most needed.
(Amended by Stats. 2009, Ch. 294, Sec. 6. (AB 1442) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1346.

1346. The board shall also ascertain what lands are suitable for providing cover for the propagation and rearing in a wild state of waterfowl, shore birds, and upland birds, and the possibilities of acquiring easements on such lands to provide such cover.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1347.

1347. As a result of the studies, the board shall determine what areas, lands, or rights in lands or waters should be acquired by the state in order to effectuate a coordinated and balanced program resulting in the maximum restoration of wildlife in the state and in the maximum recreational advantages to the people of the state.
This section shall become operative on July 1, 1993.
(Repealed (in Sec. 1) and added by Stats. 1992, Ch. 452, Sec. 2. Effective January 1, 1993. Section operative July 1, 1993, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1348.1.

1348.1. Before the board authorizes the purchase of any land, or any interest therein, the board shall notify all owners of record of adjacent parcels of land of the intent of the board to purchase the land. The notice to the adjacent owners of land and the public notice shall include an explanation of the proposed use of the land by the department.
(Added by Stats. 1990, Ch. 1287, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1348.2.

1348.2. When the board acquires real property, other than by eminent domain, the purchase price for the real property shall not exceed the fair market value of the property, as defined in Section 1263.320 of the Code of Civil Procedure. The fair market value shall be set forth in an appraisal that is (a) prepared by a licensed real estate appraiser, and (b) approved by the Department of General Services.
(Amended by Stats. 1998, Ch. 485, Sec. 73. Effective January 1, 1999.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1348.3.

1348.3. (a) No governmental entity may condemn any wildlife conservation easement acquired by a state agency, except as provided in subdivision (b). As used in this section, the following terms have the following meanings:
(1) “Public use” as used in Article 6 (commencing with Section 1240.510) and Article 7 (commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure means privately owned lands managed for habitat in public trust.
(2) “Wildlife conservation easement” means a recorded conservation easement, as defined in Section 815.1 of the Civil Code, that exists or will exist for at least 10 years and that is acquired and held by a state agency and administered primarily for the benefit of wildlife.
(b) Prior to the initiation by a governmental entity of condemnation proceedings against a wildlife conservation easement acquired by a state agency, the governmental entity shall give notice to the holder of the easement, provide an opportunity for the holder of the easement to consult with the governmental agency, provide the holder of the easement the opportunity to state its objections to the condemnation, and provide a response to the objections. Article 6 (commencing with Section 1240.510) and Article 7 (commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure shall apply to condemnation proceedings initiated by a governmental entity against a wildlife conservation easement acquired by a state agency. In those proceedings, the condemning governmental entity shall be required to prove by clear and convincing evidence that its proposed use satisfies the requirements of Article 6 (commencing with Section 1240.510) or Article 7 (commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure.
(Amended by Stats. 2023, Ch. 132, Sec. 17. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1349.

1349. No farm lands may be acquired under the provisions of this chapter by proceedings in eminent domain except by specific authorization of the Legislature, notwithstanding any provision of Section 1348. Nothing in this section shall apply to any proceedings to acquire farm lands when the owner thereof has consented to, or requested the institution of, such proceedings.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1350.

1350. (a) (1) The department shall, when authorized by the board, construct in accordance with law those facilities as are suitable for the purpose for which the real property or rights in real property or water, or water rights, were acquired. Each completed project shall be managed and maintained by the department.
(2) The department, with the approval of the board, may enter into agreements with any other department or agency of this state, any local agency, any California Native American tribe, as defined in Section 21073 of the Public Resources Code, or any nonprofit organization, to provide for the construction, management, or maintenance of the facilities authorized by the board, and such other department or agency of this state, local agency, California Native American tribe, or nonprofit organization, and each of them may construct, manage, or maintain those facilities pursuant to the agreement. Work performed by a local agency, California Native American tribe, or nonprofit organization under those agreements is exempt from Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code. However, nothing in this section shall be construed to exempt any work from Part 7 (commencing with Section 1720) of Division 2 of the Labor Code.
(b) The department, when authorized by the board, may apply for and accept federal grants, and receive gifts, donations, and other financial support from public or private sources to be used for fish and wildlife habitat enhancement, including riparian habitat restoration projects on real property or waters for which the state obtains an interest. Funds received from any of those sources shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund.
(c) The board may award grants or loans to nonprofit organizations, local governmental agencies, federal agencies, state agencies, and California Native American tribes for the purposes of fish and wildlife habitat restoration, enhancement, management, protection and improvement of riparian resources, and for development of compatible public access facilities in the same manner and subject to the same terms and conditions as prescribed in Section 31116 of the Public Resources Code. Proceeds from repayment of any loans and the interest thereon shall be deposited in the Wildlife Restoration Fund.
(Amended by Stats. 2021, Ch. 701, Sec. 1. (AB 379) Effective January 1, 2022.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1351.

1351. Each recreational area shall be so managed and controlled that the public shall have access to and use of the area for all recreational purposes.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1352.

1352. (a) The money in the Wildlife Restoration Fund, as provided for by Section 19632 of the Business and Professions Code, is available for expenditure under any provision of this chapter.
(b) All federal moneys made available for projects authorized by the board shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund.
(c) Any moneys received in the Wildlife Restoration Fund or the Fish and Game Preservation Fund from leases authorized pursuant to paragraph (2) or (3) of subdivision (c) of Section 1348 shall be expended, upon appropriation by the Legislature, by the department for the purposes of managing, maintaining, restoring, or operating lands owned and managed by the department.
(Amended by Stats. 2023, Ch. 132, Sec. 18. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1352.5.

1352.5. (a) The San Francisco Baylands Restoration Program Account is hereby established within the Wildlife Restoration Fund, as provided for by Section 19632 of the Business and Professions Code, for the purpose of acquiring and restoring wetlands and lands that may be enhanced to support wetlands in the San Francisco Bay area in order to achieve the objectives of the Baylands Ecosystem Habitat Goals Report (Goals Report).
(b) Funds in the account may be expended by the board to acquire any lands identified in the Goals Report that are available for acquisition subject to the following conditions:
(1) The purchase price shall not exceed the fair market value of the property, as determined by an appraisal conducted pursuant to Section 1348.2. The appraisal shall also consider and describe all the specific requirements and restrictions of relevant state and federal laws, including, but not limited to, the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code), related to the property value and development potential of lands considered for acquisition in the shoreline band of the San Francisco Bay area.
(2) The board has determined any of the following:
(A) Funds are available to implement the recommendations and objectives of the Goals Report for a significant portion of the property to be acquired by the board.
(B) Sufficient funding and authority exists for the long-term maintenance of all levees and dikes and all other land-use management requirements necessary to avoid environmental degradation for the property proposed to be acquired by the board.
(C) The property to be acquired by the board has no unique long-term maintenance requirements or has no land-use management requirements necessary to avoid environmental degradation.
(3) If the board determines to acquire all or a portion of the Cargill property, a matching federal appropriation for the acquisition of the Cargill property shall be deposited into an account solely for the acquisition of the Cargill property or a portion thereof.
(4) The board has consulted with the State Coastal Conservancy and determined that the proposed acquisition is consistent with most of the goals of the San Francisco Bay Area Conservancy Program, as described in Section 31162 of the Public Resources Code.
(5) The acquisition of the property will not result in any liability to the state for the cleanup of hazardous materials.
(c) “Cargill property,” for purposes of this section, means all property owned by the Cargill Salt Division that Cargill proposes to sell to the state and federal governments.
(Added by Stats. 2000, Ch. 395, Sec. 2. Effective January 1, 2001.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1353.

1353. The board may purchase such boats, aircraft, or equipment as it deems necessary for the use of the department for the improvement and protection of marine fisheries.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1354.

1354. The board may authorize the acquisition of such lands or rights in land as may be necessary for the purpose of furnishing public access to lands or waters open to the public for fishing, hunting and shooting. The board may authorize such acquisition by the department.
(Added by Stats. 1957, Ch. 754.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1355.

1355. The net proceeds of the sale or other disposition of real property used as a fish hatchery that has been acquired by or is under the jurisdiction of the board or the department, either in easement or in fee, shall be deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund, as determined by the board, and shall be available for acquisition, enhancement, restoration, or construction projects for the benefit of wildlife.
(Added by Stats. 1994, Ch. 935, Sec. 4. Effective January 1, 1995.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1356.

1356. The board, when it prioritizes the use of available funds for proposed acquisitions, with regard to the priority of a proposal to acquire forestland, may consider and take into account the potential of that proposed acquisition to beneficially reduce or sequester greenhouse gas emissions. The board may use policies, protocols, or other relevant information developed by the California Climate Action Registry as a basis for determining a project’s potential to reduce or sequester greenhouse gas emissions.
(Added by Stats. 2006, Ch. 469, Sec. 1. Effective January 1, 2007.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3 - Powers and Purposes › Section 1357.

1357. (a) The board may authorize advance payments on a contract or grant under this chapter pursuant to subdivision (d) of Section 11019.1 of the Government Code.
(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed.
(Added by Stats. 2022, Ch. 569, Sec. 13. (AB 156) Effective September 27, 2022. Repealed as of July 1, 2025, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.5 - Oak Woodlands Conservation Act › Section 1360.

1360. This article shall be known, and may be cited, as the Oak Woodlands Conservation Act.
(Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.5 - Oak Woodlands Conservation Act › Section 1361.

1361. For purposes of this article, the following terms have the following meanings:
(a) “Board” means the Wildlife Conservation Board established pursuant to Section 1320.
(b) “Conservation easement” means a conservation easement, as defined in Section 815.1 of the Civil Code.
(c) “Fund” means the Oak Woodlands Conservation Fund.
(d) “Land improvement” means restoration or enhancement of biologically functional oak woodlands habitat.
(e) “Local government entity” means any city, county, city and county, district, or other local government entity, if the entity is otherwise authorized to acquire and hold title to real property.
(f) “Nonprofit organization” means a tax-exempt nonprofit organization that meets the requirements of subdivision (a) of Section 815.3 of the Civil Code.
(g) “Oak” means any species in the genus Quercus.
(h) “Oak woodlands” means an oak stand with a greater than 10 percent canopy cover or that may have historically supported greater than 10 percent canopy cover.
(i) “Oak woodlands management plan” means a plan that provides protection for oak woodlands over time and compensates private landowners for conserving oak woodlands.
(j) “Special oak woodlands habitat elements” means multi- and single-layered canopy, riparian zones, cavity trees, snags, and downed woody debris.
(Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.5 - Oak Woodlands Conservation Act › Section 1362.

1362. It is the intent of the Legislature that this article accomplish all of the following:
(a) Support and encourage voluntary, long-term private stewardship and conservation of California’s oak woodlands by offering landowners financial incentives to protect and promote biologically functional oak woodlands over time.
(b) Provide incentives to protect and encourage farming and ranching operations that are operated in a manner that protects and promotes healthy oak woodlands.
(c) Provide incentives for the protection of oak trees providing superior wildlife values on private lands.
(d) Encourage local land use planning that is consistent with the preservation of oak woodlands, particularly special oak woodlands habitat elements.
(e) Provide guidelines for spending the funds allocated for oak woodlands pursuant to the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code)).
(f) Establish a fund for oak woodlands conservation, to which future appropriations for oak woodlands protection may be made, and specify grant making guidelines.
(Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.5 - Oak Woodlands Conservation Act › Section 1364.

1364. Moneys in the fund shall be available to local government entities, park and open-space districts, resource conservation districts, private landowners, and nonprofit organizations for the purposes set forth in subdivision (d) of Section 1363.
(Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.5 - Oak Woodlands Conservation Act › Section 1365.

1365. The board shall develop and adopt guidelines and criteria for awarding grants that achieve the greatest lasting conservation of oak woodlands. The board shall develop these guidelines in consultation with the Department of Forestry and Fire Protection, the Department of Food and Agriculture, the University of California’s Integrated Hardwood Range Management Program, conservation groups, and farming and ranching associations. As it applies to the award of grants for the implementation of this article, the board criteria shall specify that easement acquisitions that are the most cost-effective in comparison to the actual resource value of the easement shall be given priority.
(Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.5 - Oak Woodlands Conservation Act › Section 1366.

1366. (a) To qualify for a grant pursuant to this article, the county or city in which the grant money would be spent shall prepare, or demonstrate that it has already prepared, an oak woodlands management plan that includes a description of all native oak species located within the county’s or city’s jurisdiction.
(b) To qualify for a grant pursuant to this article, the board shall certify that any proposed easement was not, and is not, required to satisfy a condition imposed upon the landowner by any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, the mitigation of significant effects on the environment of a project pursuant to an approved environmental impact report or to mitigate a negative declaration required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) of the Public Resources Code.
(c) To qualify for a grant under this article, the applicant shall demonstrate that its proposal provides protection of oak woodlands that is more protective than the applicable provisions of law in existence on the date of the proposal.
(d) A county or city may develop an oak woodlands management plan. A nonprofit corporation, park and open-space district, resource conservation district, or other local government entity may apply to the board for funds to develop an oak woodlands management plan for a county or city, but the county or city shall maintain ultimate authority to approve the oak woodlands management plan.
(e) The process for developing an initial oak woodlands management plan, and the adoption of significant amendments to a plan, as determined by the county or city, are subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(f) A proposal by a local government entity, nonprofit corporation, park and open-space district, private landowner, or resource conservation district for a grant to be expended for the purposes of this article shall be certified by the county or city as being consistent with the oak woodlands management plan of the county or city. If the land covered by the proposal is in the jurisdiction of more than one county or city, each county or city shall certify that the proposal is consistent with the oak woodlands management plan of each county or city.
(g) If two or more entities seek grant funding from the board pursuant to this article for the same jurisdiction, the county or city shall designate which entity shall lead the efforts to manage oak woodlands habitat in the area.
(Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.5 - Oak Woodlands Conservation Act › Section 1367.

1367. On or before April 1, 2002, the board and the Department of Forestry and Fire Protection shall develop a memorandum of understanding regarding the protection of oak woodlands that does all of the following:
(a) If necessary, creates a specific process for working together to use money from the fund in conjunction with the California Forest Legacy Program Act of 2000 (Division 10.5 (commencing with Section 12200) of the Public Resources Code).
(b) Lists elements a county or city shall include in its oak woodlands management plan. Items included in the plan shall assist a county or a city to specify conservation priorities and prevent oak woodlands habitat fragmentation while minimizing the cost and administrative burden associated with developing the plan. The elements may include any or all of the following:
(1) Tree inventory mapping.
(2) Oak canopy retention standards.
(3) Oak habitat mitigation measures.
(4) A procedure to monitor the effectiveness of the plan and to modify the plan as necessary.
(c) Designates an online repository for oak woodlands management plans that will be easily accessible to the public and any other state agency involved in oak woodlands conservation efforts.
(d) Discusses the relationship between oak woodlands conservation efforts under this article and efforts by other state agencies to protect oak woodlands, including efforts to combat sudden oak death, and outlines a plan, as necessary, for coordinating with these agencies.
(Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.5 - Oak Woodlands Conservation Act › Section 1368.

1368. The board may not approve a grant to a local government entity, park and open-space district, resource conservation district, or nonprofit organization if the entity requesting the grant has acquired, or proposes to acquire, an oak woodlands conservation easement through the use of eminent domain, unless the owner of the affected lands requests the owner to do so.
(Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.5 - Oak Woodlands Conservation Act › Section 1369.

1369. A city or county planning department may utilize a grant awarded for the purposes of this article to consult with a citizen advisory committee and appropriate natural resource specialists in order to report publicly to the city council or the board of supervisors on the status of the city’s or county’s oak woodlands. Each city or county planning department that receives a grant for the purposes of this article shall report to the city council or to the board of supervisors of the county, as appropriate, on the use of those grant funds within one year from the date the grant is received.
(Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.5 - Oak Woodlands Conservation Act › Section 1370.

1370. No money may be expended from the fund to adopt guidelines or to administer the fund until at least one million dollars ($1,000,000) is deposited in the fund.
(Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.5 - Oak Woodlands Conservation Act › Section 1372.

1372. Nothing in this article grants any new authority to the board or any other agency, office, or department to affect local policy or land use decisionmaking.
(Added by Stats. 2001, Ch. 588, Sec. 2. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.7 - Monarch Butterfly and Pollinator Rescue Program › Section 1374.

1374. (a) The Monarch Butterfly and Pollinator Rescue Program is hereby established and shall be administered by the Wildlife Conservation Board.
(b) The purpose of the program is to recover and sustain populations of monarch butterflies and other pollinators.
(c) To achieve the purposes of the program, the Wildlife Conservation Board may do all of the following:
(1) Provide grants for the restoration or enhancement of California prairie and other appropriate breeding habitat for monarch butterflies and pollinators on private and public lands.
(2) Provide grants for the restoration or enhancement of overwintering monarch butterfly habitat on private and public lands.
(3) Provide technical assistance to grant recipients, including farmers and ranchers, regarding restoration and enhancement of breeding, overwintering, and other appropriate monarch butterfly habitat.
(4) Award grants pursuant to this chapter.
(5) Provide grants for seasonal or temporary habitat improvements.
(6) Provide block grants in which suballocations are made by the grant recipient, with the approval of the Wildlife Conservation Board.
(d) Eligible recipients for grants under the program include private landowners, nonprofit organizations, resource conservation districts, or public agencies.
(e) (1)   Before disbursing a grant pursuant to this article, the Wildlife Conservation Board shall develop and adopt project selection and evaluation guidelines. The guidelines shall include monitoring and reporting requirements to help assess grant outcomes.
(2) The Wildlife Conservation Board shall coordinate with the Department of Food and Agriculture in developing program guidelines.
(Added by Stats. 2018, Ch. 760, Sec. 2. (AB 2421) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 3.7 - Monarch Butterfly and Pollinator Rescue Program › Section 1374.1.

1374.1. (a) The Monarch Butterfly and Pollinator Rescue Fund Account is hereby created in the State Treasury. The account shall be administered by the Wildlife Conservation Board. Moneys in the account may be expended, upon appropriation by the Legislature, for the purposes of this article.
(b) Moneys may be deposited into the account from gifts, donations, funds appropriated by the Legislature for the purposes of this article, or from federal grants or other sources, and shall be used for the purpose of implementing this article, including administrative costs.
(Added by Stats. 2018, Ch. 760, Sec. 2. (AB 2421) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4 - Wildlife Conservation Law of 197 › ARTICLE 4 - Cooperation With United States › Section 1375.

1375. The board may act either independently or may cooperate with the United States Fish and Wildlife Service, Department of Interior, or any other federal agency in determining any of the questions referred to in this chapter, or in the acquisition and construction of any of the projects mentioned in this chapter.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4.1 - California Riparian Habitat Conservation Program › Section 1386.

1386. The Legislature finds and declares all of the following:
(a) California’s rivers, wetlands, and waterways, and the fisheries and wildlife habitat they provide, are valuable and finite resources that benefit the people of the state and are threatened with deterioration or degeneration that may endanger the natural beauty and productivity of these valuable resources.
(b) The public interest requires the coordinated protection of rivers and riparian resources in order to maintain an equilibrium between the natural endowment of, and manmade alterations to, California’s river environment, and in order to preserve the scenic beauty of these natural resources and the recreational and economic benefits they provide.
(c) By virtue of the special conditions and circumstances of the natural ecology, the increasing human populations and needs in the state, and the numerous governmental agencies with an interest in coordinating activities which affect rivers and riparian habitat resources, there is a need for a coordinated state rivers and riparian habitat protection program.
(Added by Stats. 1991, Ch. 762, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4.1 - California Riparian Habitat Conservation Program › Section 1387.

1387. The Wildlife Conservation Board shall establish and administer, through the department, the California Riparian Habitat Conservation Program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The purpose and goal of the program is to protect, preserve, and restore riparian habitats throughout the state by the acquisition of interests and rights in real property and waters to the extent deemed necessary to carry out the purposes of the program.
(Added by Stats. 1991, Ch. 762, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4.1 - California Riparian Habitat Conservation Program › Section 1388.

1388. The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance riparian habitat throughout the state, and coordinate its activities undertaken pursuant to this program with other resources protection activities of the board and other state agencies.
(Added by Stats. 1991, Ch. 762, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4.1 - California Riparian Habitat Conservation Program › Section 1389.

1389. The preservation and enhancement of riparian habitat shall be a primary concern of the Wildlife Conservation Board and the department, and of all state agencies whose activities impact riparian habitat, including the Department of Conservation, the Department of Parks and Recreation, the Department of Water Resources, the Department of Forestry and Fire Protection, the State Coastal Conservancy, the California Conservation Corps, the California Tahoe Conservancy, the Santa Monica Mountains Conservancy, the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, and the State Lands Commission.
(Amended by Stats. 2013, Ch. 352, Sec. 94. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 4.1 - California Riparian Habitat Conservation Program › Section 1390.

1390. In order to accomplish the objectives of this chapter, the Wildlife Conservation Board may authorize the department to do all of the following:
(a) Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property.
(b) Coordinate its activities under the program with any governmental program for surplus real property sales in the state.
(c) Award grants and loans to local public agencies, state agencies, federal agencies, and nonprofit organizations for the purposes of this program.
(d) For the purposes of this chapter, “nonprofit organization” means any private, nonprofit organization which qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and has among its principal charitable purposes the preservation of real property for scientific, historic, educational, recreational, scenic or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat.
(e) Exercise any authority and comply with requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance riparian habitat for purposes of this chapter.
(Added by Stats. 1991, Ch. 762, Sec. 3.)