reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12150.

12150. Whenever any person, while taking a bird or mammal, kills or wounds any human being and that fact is ascertained by the department, the department shall notify the district attorney of the county in which the act occurred. The district attorney may thereupon bring an action in the superior court of the county in which the act occurred for the purpose of determining the cause of the killing or the wounding. These proceedings shall be conducted in the same manner as an action to try a misdemeanor and the defendant may request that all findings of fact shall be made by a jury. The court shall inform the defendant of the nature of the proceedings and of the defendant’s right to have a jury.
If it is found that the defendant did the killing or wounding, but that it was not intentional or negligent, the court shall dismiss the proceeding. Otherwise, if it is found that the defendant did the killing or wounding intentionally, by an act of gross negligence, or while under the influence of alcohol, the court shall issue an order permanently prohibiting the defendant from taking any bird or mammal.
If it is found that the defendant was negligent, but not grossly negligent, the court shall issue an order prohibiting the defendant from taking any bird or mammal for a period specified at the discretion of the court but not less than five years.
(Amended by Stats. 2003, Ch. 449, Sec. 17. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12150.5.

12150.5. Any person whose license has heretofore been revoked pursuant to Section 12150 may, upon petition, obtain a new trial in the court which originally revoked his license. Such trial shall be with a jury if requested as provided in Section 12150, and shall be to determine if the revocation was based on an intentional or grossly negligent act or an act committed while under the influence of alcohol, in which case the petition shall be denied. If however, it was based on a negligent act not amounting to gross negligence the court may review and redetermine the length of time for which no license should be issued such person. The court may authorize the issuance of a license to the person after such time as the court shall determine to be proper in light of the circumstances.
(Added by Stats. 1961, Ch. 2210.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12150.6.

12150.6. (a) Any person who has been prohibited from taking any bird or mammal pursuant to Section 12150 or 12151 shall not apply for a hunting license or take any bird or mammal unless the person has filed with the department proof of ability to respond in damages in an amount of at least ten thousand dollars ($10,000) for personal injury or death of any person, subject to a maximum of twenty thousand dollars ($20,000) for such injury or the death of two or more persons in any one accident and at least five thousand dollars ($5,000) for property damage resulting from any one accident.
(b) Proof of ability to respond in damages may be given by any of the following:
(1) The written certificate of any insurance carrier duly authorized to do business within the state that it has issued to or for the benefit of the person named a public liability insurance policy which is, at the date of the certificate, in full force and effect. The certificate shall certify that the policy therein cited shall not be canceled except upon 10 days’ prior written notice to the department.
(2) A bond in the amount of twenty-five thousand dollars ($25,000) approved by a judge of a court of record. The bond shall be conditioned for the payment of the amounts specified in this section and shall provide for the entry of judgment on motion of the state in favor of any holder of any final judgment on account of damages to property or injury to any person caused while the licensee is taking any bird or mammal.
(Amended by Stats. 1982, Ch. 517, Sec. 232.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12150.7.

12150.7. The department shall, upon request, cancel any bond or shall direct the return to the person entitled thereto of any money or securities deposited pursuant to this code as proof of ability to respond in damages:
(a) On the filing of an affidavit with the department that the person will not thereafter engage in the taking of any bird or mammal.
(b) In the event of the permanent incapacity of such person to engage in the taking of any bird or mammal.
(c) Upon the death of the person on whose behalf such proof was filed.
(Added by Stats. 1961, Ch. 2210.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12150.8.

12150.8. Whenever any claim is made against any such person or judgment is rendered against any such person required to file proof of ability to respond in damages, such person shall not apply for a hunting license or take any bird or mammal until additional proof of ability to respond in damages has been filed with the department in an amount sufficient to provide proof of ability to respond in damages in the amount specified in Section 12150.6 over and above all claims made against previously filed proof of ability to respond in damages.
(Added by Stats. 1961, Ch. 2210.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12151.

12151. Whenever any person, while taking a bird or mammal, kills or wounds any domestic animal belonging to another and that fact is ascertained by the department, the department shall notify the district attorney of the county in which the act occurred. The district attorney may thereupon bring an action in the superior court of the county in which the act occurred for the purpose of determining the cause of the killing or wounding. These proceedings shall be conducted in the same manner as an action to try a misdemeanor and the defendant may request that all findings of fact shall be made by a jury. The court shall inform the defendant of the nature of the proceedings and of the defendant’s right to have a jury.
If it is found that the defendant did the killing or wounding but that it was not intentional or negligent, the court shall dismiss the proceeding. Otherwise, if it is found that the defendant did the killing or wounding intentionally or negligently, the court shall issue an order prohibiting the defendant from taking any bird or mammal for a period of five years.
(Amended by Stats. 2003, Ch. 449, Sec. 18. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12151.5.

12151.5. A person who, while hunting, kills or wounds or witnesses the killing or wounding of a human being, or domestic animal belonging to another, shall, within 48 hours after the incident, forward a complete written report to the Department of Fish and Wildlife, 1416 Ninth Street, Sacramento, California 95814, providing the reporter’s full name and address and all facts relating to the incident.
(Amended by Stats. 2015, Ch. 154, Sec. 108. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12152.

12152. Whenever a person has been prohibited from taking any bird or mammal pursuant to Section 12150 or Section 12151, the court in which the proceeding for such action was had shall report the facts to the department at its Sacramento headquarters office. The report shall show the date and place of the occurrence, the name and address of the person who did the killing or wounding, the name and address of the person who was killed or wounded or the name and address of the owner of the animal, as the case may be, and such other information as the department may require.
The department shall maintain a record of all orders issued under Section 12150 and Section 12151. The record shall show the name and address of the person involved, the date of such action, and the date of expiration of such order. The department shall periodically transmit copies of such records to each person authorized to issue a hunting license and to each district attorney in the State.
(Amended by Stats. 1961, Ch. 2210.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12153.

12153. A commercial fishing license is forfeited for the violation of Sections 1050.1 to 1059, inclusive, or Section 2012, or of any of the provisions of this code relating to the use of nets.
(Amended by Stats. 2023, Ch. 132, Sec. 221. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12154.

12154. (a) Upon a conviction of a violation of this code or any regulation adopted pursuant thereto that is punishable pursuant to Section 12012, 12013, 12013.3, or 12013.5, the department may suspend or permanently revoke a person’s hunting or sport fishing license or permit privileges.
(b) (1) Any person whose privileges are suspended or revoked pursuant to this section may appeal the suspension or revocation to the commission. The commission shall initiate the appeal process within 12 months of the violator’s appeal request. The commission shall consider at least the nature, circumstances, extent, and gravity of the person’s violations, the person’s culpability for the violations, and the injury to natural resources by the violations, and may restore a person’s hunting or sport fishing license or permit privileges.
(2) The department may adopt regulations to implement this subdivision.
(c) Pursuant to subdivision (c) of Section 12157, a judge may order the seizure or forfeiture of any device or apparatus, including a vessel, vehicle, or hunting or fishing gear, that is used in committing an offense punishable under Section 12012, 12013, 12013.3, or 12013.5.
(Amended by Stats. 2012, Ch. 590, Sec. 5. (AB 1162) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12155.

12155. (a) Upon the third conviction of a person of a violation of any provision of this code or regulation adopted pursuant to this code relating to the taking or possession of a bird or mammal in a five-year period, and upon a conviction subsequent to the three convictions during a five-year period, that person shall be prohibited from taking a bird or mammal in the state for three years from the date of the last conviction. The commission shall revoke a hunting license of a person prohibited from taking a bird or mammal in this state for the period of prohibition.
(b) It shall be unlawful for a person to obtain, or attempt to obtain, a hunting license during a period of prohibition.
(Amended by Stats. 2015, Ch. 154, Sec. 109. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12155.5.

12155.5. (a) The commission shall adopt regulations and procedures governing the revocation or suspension of hunting or sport fishing privileges. The regulations shall provide for notice and opportunity for a hearing.
(b) Any person, whose license was revoked pursuant to Section 12154, 12155, or 12156, may appeal to the commission for reissuance of the license and termination of the prohibition against the taking of fish, reptiles, amphibia, or birds or mammals.
(c) After a public hearing at which the person has appeared in person, the commission may terminate the prohibition and authorize the issuance of a license if it finds that there are sufficient mitigating circumstances to warrant that action.
(d) It is unlawful for a person whose hunting or sport fishing privileges have been revoked or suspended to obtain or attempt to obtain, or to possess a hunting or sport fishing license, permit, or tag during that suspension or revocation period.
(e) Any person who violates subdivision (d) is guilty of an infraction punishable by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000), or of a misdemeanor.
(Amended by Stats. 2003, Ch. 291, Sec. 7. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12156.

12156. No person who is licensed or required to be licensed pursuant to Section 4005 and who is convicted of a violation of any provision of Article 1 (commencing with Section 4000) of Chapter 2 of Part 3 of Division 4 or of Section 4150 shall take any fur-bearing or nongame mammal in the state for three years from the date of the next regularly scheduled meeting of the commission held at least 30 days after the date of that conviction. The commission shall revoke the trapping license of the person who is prohibited from taking fur-bearing and nongame mammals in the state, if the person has one, for the period of prohibition.
No person shall obtain, or attempt to obtain, a trapping license during a period of prohibition.
(Repealed and added by Stats. 1985, Ch. 127, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12156.5.

12156.5. (a) The judge before whom any guide, as defined in Section 2535, is arraigned for a violation of this code, or regulation adopted pursuant thereto, may, upon the conviction of the person, order the revocation of the person’s privilege to hunt, fish, or guide for a period not to exceed three years from the date of the conviction.
(b) For purposes of this section, a plea of nolo contendere or no contest or a forfeiture of bail is a conviction.
(c) It shall be unlawful for any person to obtain, or attempt to obtain a guide license, sportfishing license, or hunting license during a period of revocation imposed under this section.
(d) Neither the disposition of the criminal action other than by conviction nor the discretionary refusal of the judge to order revocation upon conviction impairs the right of the department to commence proceedings to order revocation of the guide license pursuant to Section 2546.
(Added by Stats. 1986, Ch. 750, Sec. 16.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12157.5.

12157.5. The judge before whom any person is tried and convicted of violating Sections 2004 and 2016 and, at the same proceeding, is also tried and convicted of violating Section 2001 or 2005 may, in his discretion, order the forfeiture of any motor vehicle or snowmobile used in committing one or more of the offenses charged. Any vehicle so forfeited shall be sold or destroyed by the department. The proceeds from all such sales shall be paid into the Fish and Game Preservation Fund, except that any valid liens on the forfeited property shall first be paid from proceeds of the sale unless the lienholder is a conspirator. For purposes of this section, forfeiture of bail or a plea of nolo contendere shall constitute a conviction.
(Added by Stats. 1980, Ch. 1006, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12158.

12158. The sport fishing or hunting license of any person to whom such a license has been issued, may, in the discretion of the court, be suspended or revoked upon his conviction of a violation of any provision of this code or regulation made pursuant thereto relating to hunting or fishing for purposes other than profit, in addition to any fine or other punishment imposed.
Any person who obtains another hunting or fishing license during the period his license has been suspended or revoked is guilty of a misdemeanor.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12158.5.

12158.5. For the purpose of invoking any provision of this code, or any rule, regulation, or order made or adopted under this code, relating to the suspension, revocation, or forfeiture of any license or permit, a plea of nolo contendere or “no contest” to, or forfeiture of bail from, a charge of a violation of any provision of this code, or any rule, regulation, or order made or adopted under this code, is a conviction of a violation thereof.
(Amended by Stats. 1984, Ch. 472, Sec. 5.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12159.

12159. All birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, which have been taken, possessed, sold, imported, or transported contrary to any of the laws of this state shall be seized by the department, and, in accordance with the commission’s regulations, notice of seizure shall be given to the person who had possession of the birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, at the time of the seizure if that person is known.
(Amended by Stats. 2009, Ch. 294, Sec. 29. (AB 1442) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12159.5.

12159.5. The judge before whom any person is tried for a violation of a provision of this code that prohibits the taking of any endangered species, threatened species, or fully protected bird, mammal, reptile, amphibian, or fish, as specified by Sections 12008 and 12008.1, may, in the court’s discretion and upon the conviction of that person, order the forfeiture of any proceeds resulting from the taking of the endangered species, threatened species, or fully protected bird, mammal, reptile, amphibian, or fish.
(Amended by Stats. 2016, Ch. 340, Sec. 11. (SB 839) Effective September 13, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12160.

12160. All birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, seized in accordance with Section 12159, the sale of which is not prohibited and which have a current market value of one hundred dollars ($100) or more, shall be packed, preserved, sold for bait, used for fish food in state-owned fish hatcheries, or otherwise put to economical use immediately upon seizure, at the prevailing market price for legal birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians in effect on the date of seizure. Any proceeds thereof shall be placed in the Fish and Game Preservation Fund. If the person from whom such birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians were seized is not convicted in a court of competent jurisdiction for the offense out of which the seizure arose, then and in that event the proceeds shall be returned to that person.
(Amended by Stats. 2009, Ch. 294, Sec. 30. (AB 1442) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12161.

12161. The judge before whom any person is tried for taking, possessing, selling, importing, or transporting birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians or parts thereof contrary to the laws of this state shall upon the conviction of the accused make an order forfeiting and disposing of the birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or parts thereof, in accordance with the provisions of Section 12160. However, if the birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or parts thereof may not be sold lawfully or have a current market value of less than one hundred dollars ($100), the judge may at his or her discretion order that they be donated to a state, county, city, or any charitable institution, or that they be destroyed.
(Amended by Stats. 2009, Ch. 294, Sec. 31. (AB 1442) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12162.

12162. A bird, mammal, fish, reptile, or amphibian seized under circumstances in which it cannot be determined who took, possessed, sold, imported, or transported the bird, mammal, fish, reptile, or amphibian contrary to law may be sold or donated to a state, county, city, city and county, or charitable institution.
(Amended by Stats. 2015, Ch. 154, Sec. 110. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12163.

12163. A person who purchases birds, mammals, fish, reptiles, or amphibians from the department pursuant to the preceding sections shall, upon delivery, pay to the department, for deposit in the Fish and Game Preservation Fund, the prevailing market price for legal birds, mammals, fish, reptiles, or amphibians in effect on the date of seizure.
(Amended by Stats. 2015, Ch. 154, Sec. 111. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12164.

12164. The court before whom a person has been convicted of trespassing under Section 602 of the Penal Code shall, in addition to any other fine or forfeiture imposed, confiscate any bird or mammal taken while trespassing, and shall dispose of the bird or mammal to a charitable institution or cause it to be destroyed if unfit for human consumption.
(Amended by Stats. 2015, Ch. 154, Sec. 112. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12165.

12165. When any person licensed as a guide under Section 2536 is adjudged guilty by a court of competent jurisdiction of violating or permitting the violation of any provision of this code or regulation made pursuant thereto, in addition to any fine or other punishment imposed, the court may revoke his guide license.
Any person who obtains another guide license within two years after a guide license issued to him has been revoked or forfeited, is guilty of a misdemeanor.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 2 - Forfeitures, Revocation, and Seizures › Section 12166.

12166. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code does not affect either a past revocation or suspension of any license or permit to take fish or game or the authority of the commission or a court to revoke or suspend a license or permit to take fish and game.
(Added by Stats. 1983, Ch. 1048, Sec. 20. Effective September 26, 1983.)
2023 California Code › Fish and Game Code - FGC › DIVISION 9 - FINES AND PENALTIES › CHAPTER 3 - California Indians › Section 12300.

12300. (a) Notwithstanding any other provision of law, the provisions of this code are not applicable to California Indians whose names are inscribed upon the tribal rolls, while on the reservation of that tribe and under those circumstances in this state where the code was not applicable to them immediately before the effective date of Public Law 280, Chapter 505, First Session, 1953, 83d Congress of the United States.
(b) No Indian described in subdivision (a) shall be prosecuted for the violation of any provision of this code occurring in the places and under the circumstances described in subdivision (a). Nothing in this section, however, prohibits or restricts the prosecution of an Indian for the violation of a provision of this code prohibiting the sale of a bird, mammal, fish, amphibian, or reptile.
(Amended by Stats. 2015, Ch. 154, Sec. 113. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 1 - State › Section 13001.

13001. (a) Unless otherwise provided, all money collected under the provisions of this code and of any other law relating to the protection and preservation of birds, mammals, fish, reptiles, or amphibia shall be paid into the State Treasury to the credit of the Fish and Game Preservation Fund.
(b) Notwithstanding any other provision of law, the Controller may use the Fish and Game Preservation Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code.
(Amended by Stats. 2008, Ch. 751, Sec. 18. Effective September 30, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 1 - State › Section 13001.5.

13001.5. (a) The department shall prepare annually, for inclusion in the Governor’s Budget, a fund condition statement for the Fish and Game Preservation Fund that displays both of the following:
(1) Information relating to the total amounts of revenues and expenditures with regard to the moneys in the fund that are deposited in an account or subaccount in the fund.
(2) Information relating to revenues and expenditures with regard to all moneys in the fund that are not deposited in an account or subaccount in the fund.
(b) For the purposes of subdivision (a), the department shall prepare the fund condition statement in a manner that is similar to the fund condition statement relating to the Fish and Game Preservation Fund included in the 2003–04 Governor’s Budget.
(c) The department shall prepare, for posting on its Internet Web site on or before January 10, of each year, a fund condition statement for each account or subaccount in the fund.
(Added by Stats. 2006, Ch. 77, Sec. 4. Effective July 18, 2006.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 1 - State › Section 13003.

13003. Unless otherwise provided by law, all fines and forfeitures imposed or collected in any court of this state for violations of any of the provisions of this code or regulation made pursuant thereto, or any other law providing for the protection or preservation of birds, mammals, fish, reptiles, or amphibia, shall be deposited as soon as practicable after the receipt thereof with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid at least once a month as follows:
(a) One-half to the Treasurer, by warrant of the county auditor drawn upon the requisition of the clerk or judge of the court, for deposit in the Fish and Game Preservation Fund in the State Treasury on order of the Controller. At the time of such transmittal, the county auditor shall forward to the Controller, on such form or forms as the Controller may prescribe, a record of the imposition, collection, and payment of the fines or forfeitures. The department may employ legal counsel and may expend these funds to pay the costs of legal actions brought in the name of the people relating to the enforcement of this code by a district attorney, city attorney, or the department, as appropriate.
(b) One-half to the county in which the offense was committed.
(Amended by Stats. 1991, Ch. 1193, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 1 - State › Section 13005.

13005. Notwithstanding Section 13001, the department shall deposit funds from the sale of lifetime hunting licenses and lifetime hunting privileges issued pursuant to Section 3031.2, and lifetime sport fishing licenses and lifetime privileges issued pursuant to Section 7149.2 as follows:
(a) For each lifetime fishing license issued pursuant to Section 7149.2, the collected fee shall be deposited as follows:
(1) Of those funds, 66.67 percent shall be deposited into the Fish and Game Preservation Fund.
(2) Of those funds, 33.33 percent shall be deposited into the Hatchery and Inland Fisheries Fund.
(b) For each lifetime hunting license issued pursuant to Section 3031.2, 100 percent of the collected fee shall be deposited into the Fish and Game Preservation Fund pursuant to Section 13001.
(c) For each lifetime sport fishing privilege package issued pursuant to subdivision (e) of Section 7149.2, the collected fee shall be deposited as follows:
(1) Of those funds, 48.37 percent shall be deposited into the Fish and Game Preservation Fund.
(2) Of those funds, 14.75 percent shall be deposited into the Hatchery and Inland Fisheries Fund.
(3) Of those funds, 21.31 percent shall be deposited into the Steelhead Trout account in the Fish and Game Preservation Fund.
(4) Of those funds, 15.57 percent shall be deposited into the California Ocean Resources Enhancement and Hatchery Program account in the Fish and Game Preservation Fund.
(d) The collected fee for each big game privilege package purchased pursuant to subdivision (c) of Section 3031.2 shall be deposited as follows:
(1) Of those funds, 91.92 percent shall be deposited into the Big Game Management Account in the Fish and Game Preservation Fund.
(2) Of those funds, 8.08 percent shall be deposited into the Fish and Game Preservation Fund.
(e) The collected fee for each lifetime bird hunting privilege package issued pursuant to subdivision (d) of Section 3031.2 shall be deposited as follows:
(1) Of those funds, 68.47 percent shall be deposited into the State Duck Stamp Account in the Fish and Game Preservation Fund.
(2) Of those funds, 31.53 percent shall be deposited into the Upland Game Bird Account in the Fish and Game Preservation Fund.
(Repealed and added by Stats. 2017, Ch. 26, Sec. 35. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 1 - State › Section 13006.

13006. Notwithstanding Section 13001, the money collected from the penalties on fines, penalties, or forfeitures levied pursuant to Section 12021 shall be used only to pay the department’s costs of support for the department’s secret witness program. The purpose of the secret witness program is to facilitate the enforcement of this code and regulations adopted pursuant to this code. Contributions to the secret witness program may also be made pursuant to subdivision (k) of Section 13103.
(Added by Stats. 1994, Ch. 1215, Sec. 2. Effective January 1, 1995.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 1 - State › Section 13010.

13010. There is a Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund. The Fish and Wildlife Pollution Account is the successor to the Fish and Wildlife Pollution Cleanup and Abatement Account in the Fish and Game Preservation Fund which is hereby abolished. All references in any law to the Fish and Wildlife Pollution Cleanup and Abatement Account shall be deemed to refer to the Fish and Wildlife Pollution Account. All money in the Fish and Wildlife Pollution Cleanup and Abatement Account on January 1, 1996, shall be transferred to the Fish and Wildlife Pollution Account. The following subaccounts are created within the Fish and Wildlife Pollution Account:
(a) The Oil Pollution Administration Subaccount.
(b) The Oil Pollution Response and Restoration Subaccount.
(c) The Hazardous Materials Administration Subaccount.
(d) The Hazardous Materials Response and Restoration Subaccount.
(Added by Stats. 1995, Ch. 720, Sec. 7. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 1 - State › Section 13011.

13011. The state portion of any recovery or settlement of money damages received pursuant to any citation or charges brought under the following sections by the people by or through any state or local public entity shall be deposited in the following subaccounts:
(a) Administrative and judicially imposed fines, penalties, or punitive damages resulting from either civil or criminal action or administrative civil liability for violations of the oil and petroleum product control and discharge provisions of this code, including, but not limited to, Sections 2014, 12011, and 12016, Chapter 6.5 (commencing with Section 2580) of Division 3, and Chapter 2 (commencing with Section 5650), of Part 1 of Division 6, shall be deposited in the Oil Pollution Administration Subaccount or the Oil Pollution Response and Restoration Subaccount as determined by administrative or judicial settlement, or as provided by law.
(b) Administrative and judicially imposed fines, penalties, or punitive damages resulting from either criminal or administrative civil liability for violations of hazardous materials and other pollution laws including, but not limited to, Sections 2014 and 12016, Chapter 6.5 (commencing with Section 2580) of Division 3, and Part 1 (commencing with Section 5500) of Division 6 shall be deposited in the Hazardous Materials Administration Subaccount or the Hazardous Materials Response and Restoration Subaccount as determined by administrative or judicial settlement or as provided by law.
(Amended by Stats. 2023, Ch. 132, Sec. 222. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 1 - State › Section 13012.

13012. Funds on deposit in the subaccounts shall not exceed the amounts prescribed below, adjusted in accordance with Section 2212 of the Revenue and Taxation Code to equal 1995 dollars:
(a) The Oil Pollution Administration Subaccount shall not exceed five million dollars ($5,000,000).
(b) The Oil Pollution Response and Restoration Subaccount shall not exceed ten million dollars ($10,000,000).
(c) The Hazardous Materials Administration Subaccount shall not exceed five million dollars ($5,000,000).
(d) The Hazardous Material Response and Restoration Subaccount shall not exceed ten million dollars ($10,000,000).
All funds in the Fish and Wildlife Pollution Account in excess of the amounts listed above, on June 30 of each fiscal year, shall be used by the department in succeeding fiscal years for projects that preserve California plants, wildlife, and fisheries.
(Added by Stats. 1995, Ch. 720, Sec. 9. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 1 - State › Section 13013.

13013. (a) Appropriations from either the Oil Pollution Administration Subaccount or the Hazardous Materials Administration Subaccount shall not exceed one third of the maximum fund level established under Section 13012 in order to maintain a prudent reserve for future appropriations.
(b) If the director or the director’s designee expends funds from the prudent reserve established pursuant to subdivision (a) for activities authorized under subdivision (b) of Section 13230, the director or the director’s designee shall ensure that there are adequate funds remaining in those subaccounts to carry out their purposes. Expenditures from the prudent reserve shall be repaid in part, or in full, from any funds received pursuant to Section 13011 until those reserves are fully reimbursed.
(c) The director or the director’s designee, shall recover from the spiller, responsible party, or, in the absence of those responsible parties, from a particular pollution abatement or remediation account, all expenditures paid pursuant to subdivisions (b) and (d) of Section 13230, and all costs incurred by the department arising from the administration and enforcement of applicable pollution laws. The director or the director’s designee may request, and a district attorney, city attorney, or other prosecuting agency, as part of a prosecution or negotiation, may allege a claim for, these costs and expenditures and shall deposit any recoveries into the fund from which they were expended.
(d) The director or the director’s designee shall ensure that there are adequate funds in the accounts and subaccounts specified in this section to carry out their purposes.
(Amended by Stats. 2023, Ch. 132, Sec. 223. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 2 - County › Section 13100.

13100. (a) The amounts paid to and retained in the county treasury pursuant to Sections 12009 and 13003 shall be deposited in a county fish and wildlife propagation fund and expended for the protection, conservation, propagation, and preservation of fish and wildlife, under the direction of the board of supervisors, pursuant to this chapter.
(b) All proposed expenditures from a county fish and wildlife propagation fund shall be reviewed first at a regular meeting of the county board of supervisors or its designated county fish and game commission to ensure compliance with Section 13103.
(Amended by Stats. 2012, Ch. 597, Sec. 2. (SB 1249) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 2 - County › Section 13101.

13101. (a) The board of supervisors of any county may enter into a written agreement with the board of supervisors of one or more counties for the expenditure of any funds deposited in its fish and wildlife propagation fund pursuant to Section 13100 for any purpose authorized by Section 13103 in either, or any, of the counties for the joint benefit of both, or all, of the counties as the judgment of the boards of supervisors may direct. The purchase of real property necessary for that purpose is lawful and title thereto shall be taken in the joint names of each county which contributes funds therefor. The property may be deeded to the state upon the express condition that it shall be employed for the purposes of this chapter within the counties.
(b) The board of supervisors of one or more counties may enter into a written agreement with the department for the expenditure of any funds deposited in its fish and wildlife propagation fund pursuant to Section 13100 for any purpose authorized by Section 13103.
(Amended by Stats. 1991, Ch. 561, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 2 - County › Section 13102.

13102. Expenditures from the fish and game propagation fund of any county shall be subject to the provisions of Division 3 (commencing with Section 29000) of Title 3 of the Government Code.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 2 - County › Section 13104.

13104. The department may audit, or require the county to audit, expenditures by the county from its fish and wildlife propagation fund in order to determine compliance with this chapter. If, after reviewing the audit, the department determines that expenditures are not in compliance with this chapter, the department may require that all expenditures from the fund be temporarily suspended, or it may seek reimbursement of funds that the department determines, based on the audit, were expended improperly, or both.
(Amended by Stats. 2010, Ch. 419, Sec. 3. (AB 1254) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 3 - Accounting › Section 13200.

13200. The department shall account for revenues and expenditures of the money in the Fish and Game Preservation Fund in a manner consistent with the laws and applicable policies governing state departments generally for each activity or program in which the department is engaged.
(Amended by Stats. 2015, Ch. 154, Sec. 114. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 3 - Accounting › Section 13201.

13201. In establishing the appropriate programs or activities for this system, the department shall consider the following programs or activities:
(a) Freshwater fisheries activities.
(b) Marine fisheries activities.
(c) Wildlife management activities.
(d) Planning and environmental review.
(e) Law enforcement.
(f) Nongame and endangered species.
(g) General administration.
(Amended by Stats. 1985, Ch. 1442, Sec. 23.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 3 - Accounting › Section 13202.

13202. Payroll and other costs that are directly identifiable with specific programs or activities shall be charged directly to accounts maintained for the appropriate programs or activities.
Payroll and other costs that are not identifiable with specific programs or activities shall be allocated on an equitable basis to program or activity cost accounts.
(Added by Stats. 1959, Ch. 1453.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10 - REVENUE › CHAPTER 3 - Accounting › Section 13205.

13205. The Augmented Deer Tags Account, Bighorn Sheep Permit Account, and Wild Pig Account, within the Fish and Game Preservation Fund, shall be consolidated and any remaining funds in these accounts transferred to the Big Game Management Account, consistent with Section 3953. The department, after consultation with the Department of Finance and the Legislative Analyst’s Office, shall provide recommendations to the Legislature for consolidation of additional dedicated accounts within the Fish and Game Preservation Fund if, in the determination of the department, consolidation would serve to reduce administrative costs to the department and enhance its ability to meet current needs, while still preserving the generally stated purpose of the dedicated accounts.
(Added by Stats. 2012, Ch. 559, Sec. 26. (AB 2402) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10.5 - EXPENDITURES › Section 13220.

13220. Except as provided in Section 13230, the money in the Fish and Game Preservation Fund, commencing with the 2005–06 fiscal year, is available for expenditure, upon appropriation by the Legislature, for all of the following purposes:
(a) To the department for payment of refunds of sums determined by it to have been erroneously deposited in the fund, including, but not limited to, money received or collected in payment of fees, licenses, permits, taxes, fines, forfeitures, or services.
(b) To the department for expenditure in accordance with law for the payment of all necessary expenses incurred in carrying out this code and any other laws for the protection and preservation of birds, mammals, reptiles, amphibians, and fish.
(c) To the commission for expenditure in accordance with law for the payment of the compensation and expenses of the commissioners and employees of the commission.
(Amended by Stats. 2015, Ch. 154, Sec. 115. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10.5 - EXPENDITURES › Section 13230.

13230. (a) Funds deposited in the Oil Pollution Administration Subaccount created pursuant to subdivision (a) of Section 13010 shall, upon appropriation by the Legislature, only be expended by the director, his or her deputy, or designee, for the costs of administering the pollution response, abatement, and habitat restoration activities not otherwise authorized by the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act.
(b) Notwithstanding Section 13340 of the Government Code, funds deposited in the Oil Pollution Response and Restoration Subaccount created pursuant to subdivision (b) of Section 13010 are continuously appropriated to the department for expenditure by the director, his or her deputy, or designee, without regard to fiscal years for response and restoration activity related to oil spills not otherwise authorized by the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act.
(c) Funds deposited in the Hazardous Materials Administration Subaccount created pursuant to subdivision (c) of Section 13010 shall, upon appropriation by the Legislature, only be expended by the director, his or her deputy, or designee, for the reasonable cost of administering the hazardous materials response and restoration activities of the department.
(1) These activities shall include the cross training and staffing of existing department and interagency personnel necessary to achieve efficiency in the use of existing funds and resources in response to hazardous materials and restoration activities of the department.
(2) The department may appoint and contract with technical experts to assist in the response and remediation of toxic material discharges.
(d) Notwithstanding Section 13340 of the Government Code, funds deposited in the Hazardous Materials Response and Restoration Subaccount are continuously appropriated to the director, his or her deputy, or designee, for expenditure without regard to fiscal years for the response and abatement of hazardous materials that are spilled or discharged on the lands and in the waters of the state, and for the protection, preservation, and restoration of fish and wildlife impacted by discharges of hazardous materials into the environment of the state. No funds appropriated from this subaccount shall be expended to establish personnel positions nor shall any personnel positions be created with contract funds from this subaccount.
(Added by Stats. 1995, Ch. 720, Sec. 11. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 10.5 - EXPENDITURES › Section 13231.

13231. Consistent with Section 13203, the department shall maintain a cost accounting system that accounts for the costs of each activity or program engaged in pursuant to Section 13230 using funds from the subaccounts listed in that section.
(Added by Stats. 1996, Ch. 251, Sec. 1. Effective January 1, 1997.)
2023 California Code › Fish and Game Code - FGC › DIVISION 11 - PACIFIC MARINE FISHERIES COMPACT › CHAPTER 1 - The Compact › Section 14000.

14000. The Governor is hereby authorized and directed to execute a compact on behalf of this state with any or all of the States of Alaska, Idaho, Oregon and Washington for the purpose of cooperating with those states in the formation of a Pacific States Marine Fisheries Commission.
(Amended by Stats. 1996, Ch. 870, Sec. 53. Effective January 1, 1997.)
2023 California Code › Fish and Game Code - FGC › DIVISION 11 - PACIFIC MARINE FISHERIES COMPACT › CHAPTER 1 - The Compact › Section 14002.

14002. Participation by this State in this compact shall continue until the Legislature otherwise provides by law. Notice of intention to withdraw from such compact shall be executed and transmitted by the Governor after the Legislature provides by law for discontinuance of participation therein by this State.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 11 - PACIFIC MARINE FISHERIES COMPACT › CHAPTER 2 - The Commission › Section 14100.

14100. In furtherance of the provisions contained in the compact there shall be three members of the Pacific States Marine Fisheries Commission from the State of California, appointed by the Governor by and with the advice and consent of the Senate. One such commissioner shall be the administrative or other officer of the department or agency of this state charged with the conservation of its marine fisheries resources; another commissioner shall be a Member of the Legislature of this state who is a member of a committee on interstate cooperation of the said Legislature, and another member shall be a citizen of this state who shall have wide knowledge of and interest in the marine fisheries problem.
(Amended by Stats. 1996, Ch. 870, Sec. 55. Effective January 1, 1997.)