reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2797.

2797. (a) The people find it necessary to acquire, restore, and improve the rapidly disappearing wildlife habitat of southern California in the quickest and most efficient manner possible using existing governmental resources. Therefore, notwithstanding Section 33216 of the Public Resources Code, Division 23 (commencing with Section 33000) of the Public Resources Code shall continue in effect for the period that funds may be expended pursuant to subdivision (c) of Section 2787.
This subdivision shall not become operative if, prior to June 6, 1990, Section 33216 of the Public Resources Code has been amended to extend the operative effect of that Division 23 to at least July 1, 1995.
(b) If subdivision (a) of this section does not become operative, the controller shall increase the annual transfer of funds pursuant to subdivision (c) of Section 2787 on a pro rata basis so that the total amount available to the Santa Monica Mountains Conservancy for purposes of this chapter pursuant to that subdivision (c) is fifty million dollars ($50,000,000). Nothing in this section precludes the Legislature from extending the time for expenditure of funds pursuant to subdivision (c) of Section 2787.
(Added June 5, 1990, by initiative Proposition 117. Subd. (a) is nonoperative by its own conditions, which were satisfied by Stats. 1989, Ch. 696.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2798.

2798. Acquisitions of real property made pursuant to this chapter shall be done in compliance with the land acquisition law as existing or as hereafter amended and as it applies to the agencies designated in Section 2787, and in compliance with subdivision (a) of Section 5929 of the Public Resources Code.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2799.

2799. Every expenditure made pursuant to this chapter shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2799.5.

2799.5. Reasonable public access to lands acquired in fee with funds made available pursuant to this chapter shall be provided except when that access may interfere with habitat protection.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2799.6.

2799.6. Only those amounts of money which are transferred to the fund from the General Fund pursuant to Section 2796 may be reappropriated for purposes of this chapter by a two-thirds vote of the Legislature.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2800.

2800. This chapter shall be known, and may be cited, as the Natural Community Conservation Planning Act.
(Repealed and added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2801.

2801. The Legislature finds and declares all of the following:
(a) The continuing population growth in California will result in increasing demands for dwindling natural resources and result in the continuing decline of the state’s wildlife.
(b) There is a need for broad-based planning to provide for effective protection and conservation of the state’s wildlife heritage while continuing to allow appropriate development and growth.
(c) Natural community conservation planning is an effective tool in protecting California’s natural diversity while reducing conflicts between protection of the state’s wildlife heritage and reasonable use of natural resources for economic development.
(d) Natural community conservation planning promotes coordination and cooperation among public agencies, landowners, and other private interests, provides a mechanism by which landowners and development proponents can effectively address cumulative impact concerns, promotes conservation of unfragmented habitat areas, promotes multispecies and multihabitat management and conservation, provides one option for identifying and ensuring appropriate mitigation that is roughly proportional to impacts on fish and wildlife, and promotes the conservation of broad-based natural communities and species diversity.
(e) Natural community conservation planning can provide for efficient use and protection of natural and economic resources while promoting greater sensitivity to important elements of the state’s critical natural diversity.
(f) Natural community conservation planning is a voluntary and effective planning process that can facilitate early coordination to protect the interests of the state, the federal government, and local public agencies, landowners, and other private parties.
(g) Natural community conservation planning is a mechanism that can provide an early planning framework for proposed development projects within the planning area in order to avoid, minimize, and compensate for project impacts to wildlife.
(h) Natural community conservation planning is consistent with, and will support, the fish and wildlife management activities of the department in its role as the trustee for fish and wildlife within the state.
(i) The purpose of natural community conservation planning is to sustain and restore those species and their habitat identified by the department that are necessary to maintain the continued viability of those biological communities impacted by human changes to the landscape.
(j) Natural community conservation planning is a cooperative process that often involves local, state, and federal agencies and the public, including landowners within the plan area. The process should encourage the active participation and support of landowners and others in the conservation and stewardship of natural resources in the plan area during plan development using appropriate measures, including incentives.
(Repealed and added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2802.

2802. The Legislature further finds and declares that it is the policy of the state to conserve, protect, restore, and enhance natural communities. It is the intent of the Legislature to acquire a fee or less than fee interest in lands consistent with approved natural community conservation plans and to provide assistance with the implementation of those plans.
(Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2809.

2809. Any person, or any local, state, or federal agency, independently, or in cooperation with other persons, may undertake natural community conservation planning.
(Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2815.

2815. The department shall establish, in cooperation with the parties to the planning agreement, a process for public participation throughout plan development and review to ensure that interested persons, including landowners, have an adequate opportunity to provide input to lead agencies, state and federal wildlife agencies, and others involved in preparing the plan. The public participation objectives of this section may be achieved through public working groups or advisory committees, established early in the process. This process shall include all of the following:
(a) A requirement that draft documents associated with a natural community conservation plan that are being considered for adoption by the plan lead agency shall be available for public review and comment for at least 60 days prior to the adoption of that draft document. Preliminary public review documents shall be made available by the plan lead agency at least 10 working days prior to any public hearing addressing these documents. The review period specified in this subdivision may run concurrently with the review period provided for any document required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that is associated with the natural community conservation plan. This subdivision shall not be construed to limit the discretion of a public agency to revise any draft documents at a public hearing.
(b) A requirement to make available in a reasonable and timely manner all draft plans, memoranda of understanding, maps, conservation guidelines, species coverage lists, and other planning documents associated with a natural community conservation plan that are subject to public review.
(c) A requirement that all public hearings held during plan preparation or review for approval are complementary to, or integrated with, those hearings otherwise provided by law.
(d) An outreach program to provide access to information for persons interested in the plan, including landowners, with an emphasis on obtaining input from a balanced variety of affected public and private interests, including state and local governments, county agricultural commissioners, agricultural organizations, landowners, conservation organizations, and the general public.
(Repealed and added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2821.

2821. Concurrent with the approval by the department of a final natural community conservation plan, the department shall do both of the following:
(a) Establish a list of species that are authorized for take pursuant to Section 2835 and the department shall make specific findings to support coverage pursuant to Section 2820. For purposes of determining whether a species should receive coverage under a plan, the department shall use, in addition to the standards required for the adoption of a plan, one or more of the following criteria:
(1) Coverage is warranted based upon regional or landscape level consideration, such as healthy population levels, widespread distribution throughout the plan area, and life history characteristics that respond to habitat-scale conservation and management actions.
(2) Coverage is warranted based on regional or landscape level considerations with site specific conservation and management requirements that are clearly identified in the plan for species that are generally well-distributed, but that have core habitats that must be conserved.
(3) Coverage is warranted based upon site specific considerations and the identification of specific conservation and management conditions for species within a narrowly defined habitat or limited geographic area within the plan area.
(b) Find that the mitigation measures specified in the plan and imposed by the plan participants are consistent with subdivision (d) of Section 2801.
(Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2822.

2822. The department may seek injunctive relief against any plan participant, person, or entity to enforce this chapter.
(Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2823.

2823. The department shall suspend or revoke any permit, in whole or in part, issued for the take of a species subject to Section 2835 if the continued take of the species would result in jeopardizing the continued existence of the species.
(Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2825.

2825. The department may adopt regulations for the development and implementation of natural community conservation plans consistent with this chapter.
(Repealed and added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2826.

2826. Nothing in this chapter exempts a project proposed in a natural community conservation planning area from Division 13 (commencing with Section 21000) of the Public Resources Code or otherwise alters or affects the applicability of that division.
(Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2827.

2827. To the extent practicable, implementation of natural community conservation plans shall use the services of either the California Conservation Corps or local community conservation corps.
(Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2828.

2828. Nothing in this chapter prohibits a local government from exercising any power or authority granted to it pursuant to state law to acquire land or water to implement a plan.
(Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2829.

2829. (a) The department may be compensated for the actual costs incurred in participating in the preparation and implementation of natural community conservation plans. These costs may include consultation with other parties to agreements authorized by Section 2810, providing and compiling wildlife and wildlife habitat data, reviewing and approving the final plan, monitoring implementation of the plan, and other activities necessary to the preparation and implementation of a plan.
(b) The department may be compensated for those expenses identified in subdivision (a) according to a schedule in the agreement authorized by Section 2810.
(Added by Stats. 2002, Ch. 4, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2831.

2831. (a) Notwithstanding any other provision of law, lands designated as of January 1, 2013, as open-space lands in a document entitled “Declaration of the Dedication of Land” approved by a resolution of the San Diego City Council in the same manner in which the city council processes approval of dedicated open space, reserving to the city council the authority to grant easements for utility purposes in, under, and across dedicated property, if those easements and facilities to be located thereon do not significantly interfere with the park and recreational use of the property, and filed with the Office of the City Clerk for the City of San Diego, and, if required, at the Office of the County of San Diego Assessor/Recorder/County Clerk, are dedicated land under the City Charter of the City of San Diego.
(b) Upon filing of that document in accordance with subdivision (a), the Office of the City Clerk for the City of San Diego, and, if applicable, the Office of the County of San Diego Assessor/Recorder/County Clerk shall make the document available for inspection by the public upon request.
(Amended by Stats. 2012, Ch. 275, Sec. 2. (SB 1169) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10 - Natural Community Conservation Planning Act › Section 2835.

2835. At the time of plan approval, the department may authorize by permit the taking of any covered species, including species designated as fully protected species pursuant to Sections 3511, 4700, 5050, or 5515, whose conservation and management is provided for in a natural community conservation plan approved by the department.
(Amended by Stats. 2011, Ch. 596, Sec. 3. (SB 618) Effective January 1, 2012.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2850.5.

2850.5. Notwithstanding any other law and consistent with the authority granted under Section 2860, commencing on July 1, 2013, the Ocean Protection Council shall assume responsibility for the direction of policy of marine protected areas (MPAs).
(Added by Stats. 2013, Ch. 356, Sec. 3. (SB 96) Effective September 26, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2851.

2851. The Legislature finds and declares all of the following:
(a) California’s marine protected areas (MPAs) were established on a piecemeal basis rather than according to a coherent plan and sound scientific guidelines. Many of these MPAs lack clearly defined purposes, effective management measures and enforcement. As a result, the array of MPAs creates the illusion of protection while falling far short of its potential to protect and conserve living marine life and habitat.
(b) California’s extraordinary marine biological diversity is a vital asset to the state and nation. The diversity of species and ecosystems found in the state’s ocean waters is important to public health and well-being, ecological health, and ocean-dependent industry.
(c) Coastal development, water pollution, and other human activities threaten the health of marine habitat and the biological diversity found in California’s ocean waters. New technologies and demands have encouraged the expansion of fishing and other activities to formerly inaccessible marine areas that once recharged nearby fisheries. As a result, ecosystems throughout the state’s ocean waters are being altered, often at a rapid rate.
(d) Fish and other sea life are a sustainable resource, and fishing is an important community asset. MPAs and sound fishery management are complementary components of a comprehensive effort to sustain marine habitats and fisheries.
(e) Understanding of the impacts of human activities and the processes required to sustain the abundance and diversity of marine life is limited. The designation of certain areas as sea life reserves can help expand our knowledge by providing baseline information and improving our understanding of ecosystems where minimal disturbance occurs.
(f) Marine life reserves are an essential element of an MPA system because they protect habitat and ecosystems, conserve biological diversity, provide a sanctuary for fish and other sea life, enhance recreational and educational opportunities, provide a reference point against which scientists can measure changes elsewhere in the marine environment, and may help rebuild depleted fisheries.
(g) Despite the demonstrated value of marine life reserves, only 14 of the 220,000 square miles of combined state and federal ocean water off California, or six-thousandths of 1 percent, are set aside as genuine no take areas.
(h) For all of the above reasons, it is necessary to modify the existing collection of MPAs to ensure that they are designed and managed according to clear, conservation-based goals and guidelines that take full advantage of the multiple benefits that can be derived from the establishment of marine life reserves.
(Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2852.

2852. The following definitions govern the construction of this chapter:
(a) “Adaptive management,” with regard to marine protected areas, means a management policy that seeks to improve management of biological resources, particularly in areas of scientific uncertainty, by viewing program actions as tools for learning. Actions shall be designed so that, even if they fail, they will provide useful information for future actions, and monitoring and evaluation shall be emphasized so that the interaction of different elements within marine systems may be better understood.
(b) “Biogeographical regions” refers to the following oceanic or near shore areas, seaward from the mean high tide line or the mouth of coastal rivers, with distinctive biological characteristics, unless the master plan team establishes an alternative set of boundaries:
(1) The area extending south from Point Conception.
(2) The area between Point Conception and Point Arena.
(3) The area extending north from Point Arena.
(c) “Marine protected area” (MPA) means a named, discrete geographic marine or estuarine area seaward of the mean high tide line or the mouth of a coastal river, including any area of intertidal or subtidal terrain, together with its overlying water and associated flora and fauna that has been designated by law, administrative action, or voter initiative to protect or conserve marine life and habitat. An MPA includes marine life reserves and other areas that allow for specified commercial and recreational activities, including fishing for certain species but not others, fishing with certain practices but not others, and kelp harvesting, provided that these activities are consistent with the objectives of the area and the goals and guidelines of this chapter. MPAs are primarily intended to protect or conserve marine life and habitat, and are therefore a subset of marine managed areas (MMAs), which are broader groups of named, discrete geographic areas along the coast that protect, conserve, or otherwise manage a variety of resources and uses, including living marine resources, cultural and historical resources, and recreational opportunities.
(d) “Marine life reserve,” for the purposes of this chapter, means a marine protected area in which all extractive activities, including the taking of marine species, and, at the discretion of the commission and within the authority of the commission, other activities that upset the natural ecological functions of the area, are prohibited. While, to the extent feasible, the area shall be open to the public for managed enjoyment and study, the area shall be maintained to the extent practicable in an undisturbed and unpolluted state.
(Amended by Stats. 2000, Ch. 385, Sec. 5. Effective January 1, 2001.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2853.

2853. (a) The Legislature finds and declares that there is a need to reexamine and redesign California’s MPA system to increase its coherence and its effectiveness at protecting the state’s marine life, habitat, and ecosystems.
(b) To improve the design and management of that system, the commission, pursuant to Section 2859, shall adopt a Marine Life Protection Program, which shall have all of the following goals:
(1) To protect the natural diversity and abundance of marine life, and the structure, function, and integrity of marine ecosystems.
(2) To help sustain, conserve, and protect marine life populations, including those of economic value, and rebuild those that are depleted.
(3) To improve recreational, educational, and study opportunities provided by marine ecosystems that are subject to minimal human disturbance, and to manage these uses in a manner consistent with protecting biodiversity.
(4) To protect marine natural heritage, including protection of representative and unique marine life habitats in California waters for their intrinsic value.
(5) To ensure that California’s MPAs have clearly defined objectives, effective management measures, and adequate enforcement, and are based on sound scientific guidelines.
(6) To ensure that the state’s MPAs are designed and managed, to the extent possible, as a network.
(c) The program may include areas with various levels of protection, and shall include all of the following elements:
(1) An improved marine life reserve component consistent with the guidelines in subdivision (c) of Section 2857.
(2) Specific identified objectives, and management and enforcement measures, for all MPAs in the system.
(3) Provisions for monitoring, research, and evaluation at selected sites to facilitate adaptive management of MPAs and ensure that the system meets the goals stated in this chapter.
(4) Provisions for educating the public about MPAs, and for administering and enforcing MPAs in a manner that encourages public participation.
(5) A process for the establishment, modification, or abolishment of existing MPAs or new MPAs established pursuant to this program, that involves interested parties, consistent with paragraph (7) of subdivision (b) of Section 7050, and that facilitates the designation of MPAs consistent with the master plan adopted pursuant to Section 2855.
(Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2854.

2854. The State Interagency Marine Managed Areas Workgroup shall, after appropriate consultation with members of the public, determine future actions for implementing the recommendations of its final report.
(Amended by Stats. 2023, Ch. 132, Sec. 60. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2857.

2857. (a) On or before July 1, 2001, the department shall convene, in each biogeographical region and to the extent practicable near major working harbors, siting workshops, composed of interested parties, to review the alternatives for MPA networks and to provide advice on a preferred siting alternative. The department and team shall develop a preferred siting alternative that incorporates information and views provided by people who live in the area and other interested parties, including economic information, to the extent possible while maintaining consistency with the goals of Section 2853 and guidelines in subdivision (c) of this section.
(b) The preferred alternative may include MPAs that will achieve either or both of the following objectives:
(1) Protection of habitat by prohibiting potentially damaging fishing practices or other activities that upset the natural ecological functions of the area.
(2) Enhancement of a particular species or group of species, by prohibiting or restricting fishing for that species or group within the MPA boundary.
(c) The preferred siting alternative shall include MPA networks with an improved marine life reserve component, and shall be designed according to each of the following guidelines:
(1) Each MPA shall have identified goals and objectives. Individual MPAs may serve varied primary purposes while collectively achieving the overall goals and guidelines of this chapter.
(2) Marine life reserves in each bioregion shall encompass a representative variety of marine habitat types and communities, across a range of depths and environmental conditions.
(3) Similar types of marine habitats and communities shall be replicated, to the extent possible, in more than one marine life reserve in each biogeographical region.
(4) Marine life reserves shall be designed, to the extent practicable, to ensure that activities that upset the natural ecological functions of the area are avoided.
(5) The MPA network and individual MPAs shall be of adequate size, number, type of protection, and location to ensure that each MPA meets its objectives and that the network as a whole meets the goals and guidelines of this chapter.
(d) The department and team, in developing the preferred siting alternative, shall take into account the existence and location of commercial kelp beds.
(e) The department and team may provide recommendations for phasing in the new MPAs in the preferred siting alternative.
(Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2858.

2858. The department shall establish a process for external peer review of the scientific basis for the master plan prepared pursuant to Section 2855. The peer review process may be based, to the extent practicable, on the peer review process described in Section 7062.
(Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2859.

2859. (a) On or before January 1, 2005, the department shall submit to the commission a draft of the master plan prepared pursuant to this chapter.
(b) On or before April 1, 2005, after public review, not less than three public meetings, and appropriate modifications of the draft plan, the department shall submit a proposed final master plan to the commission. On or before December 1, 2005, the commission shall adopt a final master plan and a Marine Life Protection Program with regulations based on the plan and shall implement the program, to the extent funds are available. The commission’s adoption of the plan and a program based on the plan shall not trigger an additional review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(c) The commission shall hold at least two public hearings on the master plan and the Marine Life Protection Program prior to adopting the plan and program. The commission may adopt the plan and the program immediately following the second public hearing or at any duly noticed subsequent meeting.
(d) Upon the commission’s adoption of the program, the commission shall submit the master plan and program description, including marine life reserve and other MPA designations, to the Joint Committee on Fisheries and Aquaculture for review and comment. Upon receipt of the plan, the joint committee shall have 60 days to review the plan and to submit written recommendations to the commission regarding the plan and program. The joint committee shall only submit a recommendation to the commission if a majority of the members agree to that recommendation. The commission shall consider all recommendations submitted by the joint committee, and may amend the program to incorporate the recommendations. If the commission does not incorporate any recommendations submitted by the joint committee, the commission shall set forth, in writing, its reasons for not incorporating that recommendation.
(Amended by Stats. 2002, Ch. 559, Sec. 2. Effective January 1, 2003.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2860.

2860. (a) The commission may regulate commercial and recreational fishing and any other taking of marine species in MPAs.
(b) Notwithstanding any other provision of this code, the taking of a marine species in a marine life reserve is prohibited for any purpose, including recreational and commercial fishing, except that the commission may authorize the taking of a marine species for scientific purposes, consistent with the purposes of this chapter, under a scientific collecting permit issued by the department.
(Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2861.

2861. (a) The commission shall, annually until the master plan is adopted and thereafter at least every three years, receive, consider, and promptly act upon petitions from any interested party, to add, delete, or modify MPAs, favoring those petitions that are compatible with the goals and guidelines of this chapter.
(b) Nothing in this chapter restricts any existing authority of the department or the commission to make changes to improve the management or design of existing MPAs or designate new MPAs prior to the completion of the master plan. The commission may abbreviate the master plan process to account for equivalent activities that have taken place before enactment of this chapter, providing that those activities are consistent with this chapter.
(Amended by Stats. 2012, Ch. 728, Sec. 46. (SB 71) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2862.

2862. The department, in evaluating proposed projects with potential adverse impacts on marine life and habitat in MPAs, shall highlight those impacts in its analysis and comments related to the project and shall recommend measures to avoid or fully mitigate any impacts that are inconsistent with the goals and guidelines of this chapter or the objectives of the MPA.
(Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 10.5 - Marine Life Protection Act › Section 2863.

2863. The department shall confer as necessary with the United States Navy regarding issues related to its activities.
(Added by Stats. 1999, Ch. 1015, Sec. 1. Effective January 1, 2000.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 11 - Habitat Maintenance Districts › Section 2900.

2900. This chapter shall be known and may be cited as the Habitat Maintenance Funding Act.
(Added by Stats. 1993, Ch. 1301, Sec. 2. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 11 - Habitat Maintenance Districts › Section 2901.

2901. (a) A local agency may establish an assessment district pursuant to Article 3.1 (commencing with Section 50060) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code for the improvement or maintenance of natural habitat, in a manner consistent with the policies and procedures of this code. Funds generated pursuant to this chapter may not be allocated to implement a plan without the approval of the owner of the land to be improved.
(b) A local agency may provide for the long-term maintenance of natural habitat pursuant to Section 50060.5 of the Government Code only pursuant to a plan for the conservation of natural habitat approved by the department.
(Added by Stats. 1993, Ch. 1301, Sec. 2. Effective January 1, 1994.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 13 - Salton Sea Restoration Act › ARTICLE 1 - General Provisions › Section 2930.

2930. (a) This chapter shall be known, and may be cited, as the Salton Sea Restoration Act.
(b) The state’s comprehensive management plan for the Salton Sea, established pursuant to the Governor’s directive of May 2015, shall be known, and may be cited, as the John J. Benoit Salton Sea Restoration Plan.
(Amended by Stats. 2017, Ch. 859, Sec. 2. (SB 615) Effective January 1, 2018.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 13 - Salton Sea Restoration Act › ARTICLE 1 - General Provisions › Section 2931.

2931. (a) It is the intent of the Legislature that the State of California undertake the restoration of the Salton Sea ecosystem and the permanent protection of the wildlife dependent on that ecosystem.
(b) This restoration shall be based on the preferred alternative developed as a result of the restoration study and alternative selection process described in Section 2081.7 and using the funds made available in accordance with that section to be deposited in the Salton Sea Restoration Fund and other funds made available by the Legislature and the federal government.
(c) The preferred alternative shall provide the maximum feasible attainment of the following objectives:
(1) Restoration of long-term stable aquatic and shoreline habitat for the historic levels and diversity of fish and wildlife that depend on the Salton Sea.
(2) Elimination of air quality impacts from the restoration projects.
(3) Protection of water quality.
(d) For the purpose of the restoration plan, the Salton Sea ecosystem shall include, but is not limited to, the Salton Sea, the agricultural lands surrounding the Salton Sea, and the tributaries and drains within the Imperial and Coachella Valleys that deliver water to the Salton Sea.
(Amended by Stats. 2004, Ch. 614, Sec. 3. Effective January 1, 2005.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 13 - Salton Sea Restoration Act › ARTICLE 1 - General Provisions › Section 2931.5.

2931.5. (a) The construction of facilities to separate fresh water from highly saline water for the purposes of implementing restoration activities pursuant to this chapter shall not be subject to review, approval, inspection, or any fees associated with implementing Division 3 (commencing with Section 6000) of the Water Code.
(b) No barrier in the Salton Sea within or below the minus 220 foot contour based on the North American Vertical Datum of 1988 shall be considered a dam.
(Added by Stats. 2017, Ch. 859, Sec. 3. (SB 615) Effective January 1, 2018.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 13 - Salton Sea Restoration Act › ARTICLE 1 - General Provisions › Section 2932.

2932. There is hereby established the Salton Sea Restoration Fund which shall be administered by the director. Money deposited in the fund shall be expended, upon appropriation by the Legislature, for the following purposes:
(a) Environmental and engineering studies related to the restoration of the Salton Sea and the protection of fish and wildlife dependent on the sea.
(b) Implementation of conservation measures necessary to protect the fish and wildlife species dependent on the Salton Sea, including adaptive management measurements pursuant to Section 2081.7. These conservation measures shall be limited to the Salton Sea and lower Colorado River ecosystems, including the Colorado River Delta.
(c) Implementation of the preferred Salton Sea restoration alternative.
(d) Administrative, technical, and public outreach costs related to the development and selection of the preferred Salton Sea restoration alternative.
(Added by Stats. 2003, Ch. 611, Sec. 1. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 13 - Salton Sea Restoration Act › ARTICLE 1 - General Provisions › Section 2932.2.

2932.2. Of the funds appropriated pursuant to Section 79565 of the Water Code, not less than eight million five hundred thousand dollars ($8,500,000) shall be made available for transfer or direct expenditure for acquisition, grants, or other activities that directly restore the Salton Sea and its transboundary watersheds, consistent with Section 2932.
(Added by Stats. 2005, Ch. 81, Sec. 1. Appropriation reduced by the Governor. Effective July 19, 2005. Note: This text reflects the reduction, from $12,000,000 to $8,500,000, prescribed in the Governor's item-veto message.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 13 - Salton Sea Restoration Act › ARTICLE 1 - General Provisions › Section 2932.3.

2932.3. Any moneys made available by paragraph (3) of subdivision (b) of Section 75050 of the Public Resources Code and deposited in the Salton Sea Restoration Fund shall be expended, upon appropriation by the Legislature in the annual Budget Act, for a restoration project at the Salton Sea that is consistent with subdivision (c) of Section 2931. The activities and expenditures authorized by this section shall be limited to funding those activities identified in the Resources Agency report entitled “Salton Sea Ecosystem Restoration Program Preferred Alternative Report and Funding Plan,” and dated May 2007, for completion in the first five years of implementation identified in the report as “Period I.” The activities specified for completion in Period I include, but are not limited to, a demonstration project, early start habitat, and additional biological, inflow, sediment quality, water quality, and air quality investigations. For purposes of carrying out these activities and expending the funds made available, the Resources Agency shall act as the lead agency and work cooperatively with designated staff from the Department of Water Resources, the State Air Resources Board, the State Water Resources Control Board, and the department. The Resources Agency shall remain the lead agency for implementation, in partnership with one or more of its departments, unless and until legislation is enacted on or after January 1, 2009, establishing a new governance structure for restoration of the Salton Sea. This section is not legislative approval or denial of the preferred alternative identified in the Secretary of the Resources Agency’s recommendations contained in the “Salton Sea Ecosystem Restoration Program Preferred Alternative Report and Funding Plan,” dated May 2007 and submitted to the Legislature.
(Added by Stats. 2008, Ch. 374, Sec. 2. Effective January 1, 2009.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 13 - Salton Sea Restoration Act › ARTICLE 1 - General Provisions › Section 2932.5.

2932.5. Moneys deposited in the fund created pursuant to Section 2932 shall not be expended for mitigation except for mitigation undertaken by the State of California.
(Added by Stats. 2004, Ch. 614, Sec. 4. Effective January 1, 2005.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 13 - Salton Sea Restoration Act › ARTICLE 1 - General Provisions › Section 2933.

2933.  The Department of Water Resources may contract with water suppliers to purchase and sell water made available pursuant to Section 1745.02 of the Water Code to achieve the goals of this chapter.
(Added by Stats. 2003, Ch. 611, Sec. 1. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 13 - Salton Sea Restoration Act › ARTICLE 2 - Salton Sea Restoration › Section 2940.

2940. The Legislature finds and declares all of the following:
(a) The Salton Sea is California’s largest inland water body with beneficial uses that include fisheries and wildlife habitat and preservation of endangered species, and is a repository for agricultural drainage.
(b) The Salton Sea ecosystem is a critical link on the international Pacific Flyway and supports over 400 species of birds.
(c) The Salton Sea is threatened by increasing salinity and reduced inflows. Mitigation water inflows ordered by the State Water Resources Control Board in 2002 will expire at the end of 2017. Combined, these changes increasingly threaten the unparalleled wildlife resources at the sea, as well as air quality in the region.
(d) In cooperation with local governments, nonprofit organizations, private businesses, and the public, the State of California can help protect wildlife habitats and endangered species, improve water and air quality, and enhance recreational opportunities in the region.
(e) The State of California and the United States Department of the Interior committed through a memorandum of understanding signed on August 31, 2016, to protect the ecological values of the Salton Sea and to prevent dust emissions from at least 25,000 acres of lakebed exposed by reduced agricultural inflows resulting from the implementation of the Quantification Settlement Agreement.
(f) In restoring the Salton Sea, it is the intent of the Legislature to do all of the following:
(1) Protect and provide long-term conservation of fish and wildlife that are dependent on the Salton Sea ecosystem.
(2) Restore the long-term stable aquatic and shoreline habitat for fish and wildlife that depend on the Salton Sea.
(3) Mitigate air quality impacts from restoration projects using the best available technology or best available control measures, as determined by the South Coast Air Quality Management District and the Imperial County Air Pollution Control District.
(4) Protect water quality.
(5) Maintain the Salton Sea as a vital link along the Pacific Flyway.
(6) Preserve local tribal heritage and cultural values associated with the Salton Sea.
(7) Minimize noxious odors and other water and air quality problems.
(8) Coordinate with local, state, and federal agencies that are responsible for air quality, endangered species, and other environmental mitigation implementation requirements of the Quantification Settlement Agreement.
(9) Enhance economic development opportunities that will provide sustainable financial improvements benefiting the local environment and the economic quality of life for communities around the Salton Sea.
(Amended by Stats. 2017, Ch. 859, Sec. 4. (SB 615) Effective January 1, 2018.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 13 - Salton Sea Restoration Act › ARTICLE 2 - Salton Sea Restoration › Section 2941.

2941. Unless the context requires otherwise, the definitions set forth in this section govern the construction of this article.
(a) “Agency” means the Natural Resources Agency.
(b) “Habitat mosaics” means two or more proximate habitat types, such as saltwater shoreline abutting riverine deltas and irrigated farmland.
(c) “Quantification Settlement Agreement” has the same meaning as defined in subdivision (a) of Section 1 of Chapter 617 of the Statutes of 2002.
(d) “Salton Sea Authority” or “authority” means the joint powers authority comprised of the County of Imperial, the County of Riverside, the Imperial Irrigation District, the Coachella Valley Water District, and the Torres Martinez Desert Cahuilla Indian Tribe.
(e) “Secretary” means the Secretary of the Natural Resources Agency.
(f) “Vector management” means services that eliminate or reduce the risk of illness caused by any organism transporting a pathogen.
(Added by Stats. 2013, Ch. 402, Sec. 1. (AB 71) Effective January 1, 2014.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 13 - Salton Sea Restoration Act › ARTICLE 2 - Salton Sea Restoration › Section 2943.

2943. For the purposes of considering local, publicly derived input concerning habitat objectives and actions, types and levels of public access, and integration of air quality management and habitat restoration, the secretary shall seek input from the authority with regard to the following components of restoration of the Salton Sea:
(a) Design opportunities and constraints, including the integration of the habitat, public access, and air quality management objectives.
(b) Public access and recreational components.
(c) Opportunities for economic development.
(d) Habitat mosaics and location.
(e) Vector management and predator control.
(f) Feasible financial resources to fund all recommended restoration program components.
(Added by Stats. 2013, Ch. 402, Sec. 1. (AB 71) Effective January 1, 2014.)