reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 2.1 - Antelope and Elk › Section 332.

332. (a) The commission may determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the number of elk that may be taken under rules and regulations that the commission may adopt from time to time. The commission may authorize the taking of tule elk if the average of the department’s statewide tule elk population estimates exceeds 2,000 animals, or the Legislature determines, pursuant to the reports required by Section 3951, that suitable areas cannot be found in the state to accommodate that population in a healthy condition.
(b) Only a person possessing a valid hunting license may obtain a tag for the taking of elk.
(c) The department may issue an elk tag upon payment of a fee. The fee for an elk tag shall be one hundred sixty-five dollars ($165) for a resident of the state, as adjusted under Section 713. On or before July 1, 2007, the commission shall, by regulation, fix the fee for a nonresident of the state at not less than one thousand fifty dollars ($1,050), as adjusted under Section 713. The fees shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended, in addition to moneys budgeted for salaries of the department as set forth in Section 3953.
(d) The commission shall annually direct the department to authorize not more than three elk tags for the purpose of raising funds for programs and projects to benefit elk. These tags may be sold at auction to residents or nonresidents of the state or by another method and are not subject to the fee limitation prescribed in subdivision (c). All revenues from sales pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section.
(e) The commission shall direct the department to annually authorize one elk tag of the total number of tags available for issuance to nonresidents of the state.
(f) This section shall become operative on July 1, 2025.
(Repealed and added by Stats. 2018, Ch. 295, Sec. 4. (AB 2151) Effective January 1, 2019. Section operative July 1, 2025, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 3 - Migratory Birds › Section 355.

355. (a) The commission may annually adopt regulations pertaining to migratory birds to conform with or to further restrict the rules and regulations prescribed pursuant to the Migratory Bird Treaty Act.
(b) Regulations adopted under this section are not subject to Sections 11343.4, 11346.1, 11346.4, and 11346.8 of the Government Code.
(c) Every regulation of the commission adopted pursuant to this article shall become effective upon filing unless otherwise specified in the regulations.
(Amended by Stats. 2023, Ch. 132, Sec. 4. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 3 - Migratory Birds › Section 356.

356. (a) Migratory game birds may be taken in conformity with federal laws and regulations and the regulations of the commission adopted pursuant to this article.
(b) In the event no regulations are prescribed by the proper federal agency, the commission may determine and fix the area or areas, the seasons and hours, the species, the bag and possession limits, and the total number that may be taken during any open season for the taking of migratory game birds, under rules and regulations adopted by the commission. The rules and regulations shall have the same effect as if enacted by the Legislature.
(Amended by Stats. 2023, Ch. 132, Sec. 5. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 3 - Migratory Birds › Section 357.

357. The president of the commission may be a member ex officio of the Migratory Bird Conservation Commission created by the act of Congress known as the “Migratory Bird Conservation Act.”
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 4 - California-Arizona Compact › Section 375.

375. The commission may negotiate the terms of a compact between the States of Arizona and California with any appropriate officials of the State of Arizona in relation to reciprocal privileges and licenses for hunting and fishing by residents of one of the states within the territorial jurisdiction of the other. The negotiations shall include, but shall not be limited to, provisions relating to sport fishing and the hunting of migratory waterfowl in, on, or along the Colorado River.
It is the primary purpose of this section to provide a method whereby the hunting and fishing opportunities afforded by the Colorado River may be mutually enjoyed by the residents of the States of Arizona and California despite the difficulties and inconveniences that result from the fact that the boundary line between the States of Arizona and California is the middle of the channel of the Colorado River.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 5 - Reciprocal Agreements With Adjoining States › Section 390.

390. The commission, subject to the approval of the Attorney General, may enter into reciprocal agreements with corresponding state or county official agencies of adjoining states pertaining to the establishment of a basis whereby valid sport fishing licenses issued by the parties to the reciprocal agreements may be used by their licensees within the jurisdiction of either, in accordance with the terms of such agreements.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 5 - Reciprocal Agreements With Adjoining States › Section 391.

391. The department may exchange or release to any appropriate federal, state, or local agency or agencies in other states, for purposes of law enforcement, any information collected or maintained by the department under any provision of this code or any regulation adopted pursuant to this code.
(Amended by Stats. 2000, Ch. 388, Sec. 1. Effective January 1, 2001.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 5 - Reciprocal Agreements With Adjoining States › Section 392.

392. (a) The director, or a designated representative, may enter into reciprocal operational agreements with authorized representatives of any Oregon, Nevada, or Arizona state law enforcement agency, including, but not limited to, the Oregon State Police, the Nevada Department of Wildlife, and the Arizona Game and Fish Department, to promote expeditious and effective law enforcement service to the public, and assistance between the members of the department and those agencies, in areas adjacent to the borders of this state and each of the adjoining states pursuant to Section 393.
(b) The reciprocal operational agreement shall be in writing and may cover the reciprocal exchange of law enforcement services, resources, facilities, and any other necessary and proper matters between the department and the respective agency.
(c) Any agreement shall specify all of the following:
(1) The involved departments, divisions, or units of the agencies.
(2) The duration and purpose of the agreement.
(3) Responsibility for damages.
(4) The method of financing any joint or cooperative undertaking.
(5) The methods to be employed to terminate an agreement.
(d) The director may establish operational procedures in implementation of any reciprocal operational agreement that are necessary to achieve the purposes of the agreement.
(Added by Stats. 2009, Ch. 294, Sec. 1. (AB 1442) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 6 - Falconry › Section 395.

395. (a) The commission may adopt regulations for the possession or training, and the capture, importation, exportation, or intrastate transfer, of any bird in the orders Falconiformes and Strigiformes (birds-of-prey) used in the practice of falconry and may authorize the issuance and provide for the revocation of licenses and permits to persons for the practice of falconry.
(b) It is unlawful to capture, possess, or train any bird in the orders Falconiformes and Strigiformes (birds-of-prey) in the practice of falconry without procuring a falconry license.
(c) Regulations shall not be adopted pursuant to subdivision (a) for the possession, training, capture, importation, exportation, or intrastate transfer of American peregrine falcons used in the practice of falconry unless the Legislature provides an appropriation in the annual Budget Act or another statute for that purpose.
(Amended by Stats. 2023, Ch. 59, Sec. 1. (SB 147) Effective July 10, 2023.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 6 - Falconry › Section 396.

396. (a) The falconry license shall be valid for a license year beginning on July 1 and ending on the last day of June of the next succeeding calendar year. If issued after July 1 of any year, a falconry license is valid for the remainder of that license year.
(b) For the license years beginning on or after March 1, 1987, the fee for a falconry license is a base fee of thirty dollars ($30) as adjusted under Section 713.
(Amended by Stats. 2007, Ch. 285, Sec. 7. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 6 - Falconry › Section 397.

397. (a) On or before three years after the date the Legislature makes an appropriation for purposes of this section, and then again on or before eight years after the date the Legislature makes an appropriation for purposes of this section, the department shall prepare a report and submit each of the reports to the relevant legislative policy and budget committees in both houses of the Legislature. The reports shall provide data and information regarding the status of the American peregrine falcon in the state and its use in falconry. The purpose of the reports is to provide a comprehensive overview of the impact of changes in falconry law and regulations on the practice of falconry. The reports shall include all of, but are not limited to, the following information:
(1) The regulatory status of falconry and any commission or department action related to regulatory development.
(2) (A) Compiled data regarding the use of all American peregrine falcons, including hybrids, in falconry in the state, and compiled data regarding the use of all raptors in falconry in the state.
(B) The compiled data shall be obtained from the information falconers submit to the department regarding raptor acquisition and disposition, including raptor capture, recapture, and release; possession; and hunting take pursuant to licensing. The compiled data shall be reported by species and the source of the bird, such as captive-bred, and include all take.
(C) The compiled data provided for the practice of falconry is intended to provide context for the data provided for the American peregrine falcon.
(3) Retention rates for falconers of all levels.
(4) Fee revenue from all sources related to falconry, and costs associated with falconry, including regulatory development, and to administer and implement the regulations by the commission and the department.
(5) Department enforcement information, as applicable, including any violations cited.
(b) The department shall collect all relevant, appropriate, and sufficient data necessary to evaluate falconry and the impact of the change in the regulations on falconry necessary to prepare the reports, and to justify the amount of the license fees assessed, including information about data collection and enforcement costs. Data collection efforts shall avoid duplication and use data collected for other purposes, including the development of regulations, to the extent feasible.
(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(d) The implementation of this section is contingent upon an appropriation for its purposes by the Legislature in the annual Budget Act or another statute.
(Added by Stats. 2022, Ch. 471, Sec. 2. (SB 945) Effective January 1, 2023.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3 - Other Regulatory Powers › ARTICLE 6 - Falconry › Section 398.

398. The base year for determining the inflationary index applied to the fee established by Section 396 shall be the 1984–85 fiscal year.
(Amended by Stats. 2023, Ch. 132, Sec. 6. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 3.5 - Emergency Regulations › Section 399.

399. Notwithstanding any other provision of this code, the commission, when adopting, amending, or repealing a regulation pursuant to authority vested in it by this code, may, after at least one hearing, adopt, amend, or repeal that regulation pursuant to Section 11346.1 of the Government Code, if it makes either of the following findings:
(a) That the adoption, amendment, or repeal is necessary for the immediate conservation, preservation, or protection of birds, mammals, fish, amphibians, or reptiles, including, but not limited to, their nests or eggs.
(b) That the adoption, amendment, or repeal is necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(Added by Stats. 2016, Ch. 546, Sec. 20. (SB 1473) Effective January 1, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 4 - Acceptance of Federal Acts › Section 400.

400. The State of California hereby assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes,” approved September 2, 1937 (Public Law 415, 75th Congress). The department, with the approval of the commission, shall perform any acts needed to conduct or establish cooperative wildlife-restoration projects, as defined in that act of Congress, in compliance with that act and rules and regulations adopted under that act, and funds accruing to the State of California from license fees paid by hunters shall not be diverted for a purpose other than the administration of the department and the protection, propagation, preservation, and investigation of fish and wildlife.
(Amended by Stats. 2015, Ch. 154, Sec. 19. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 4 - Acceptance of Federal Acts › Section 401.

401. The State of California hereby assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes,” approved August 9, 1950 (Public Law 681, 81st Congress). The department, with the approval of the commission, may perform any acts needed to conduct or establish cooperative fish restoration projects, as defined in that act of Congress, in compliance with that act and rules and regulations adopted under that act, and funds accruing to the State of California from license fees paid by fishermen shall not be diverted for a purpose other than the administration of the department and the protection, propagation, preservation, and investigation of fish and wildlife.
(Amended by Stats. 2015, Ch. 154, Sec. 20. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 5 - Management of Deer › Section 450.

450. It is hereby declared to be the policy of the Legislature to encourage the conservation, restoration, maintenance, and utilization of California’s wild deer populations. Such conservation shall be in accordance with the principles of conservation of wildlife resources set forth in Section 1801 and in accordance with the objectives and elements stated in “A Plan for California Deer, 1976.”
(Repealed and added by Stats. 1977, Ch. 839.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 5 - Management of Deer › Section 451.

451. As used in this chapter “general deer hunting season” means the annual season for the area in question as is set by the commission under its general regulatory powers, or set by statute, for the taking of male deer.
(Repealed and added by Stats. 1977, Ch. 839.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 5 - Management of Deer › Section 452.

452. The department shall designate deer herd management units and designate the manager for the units. Such units may encompass a single deer herd or a group of deer herds having similar management and habitat requirements and characteristics. Boundaries of such units, unless appropriate, need not follow county boundary lines.
(Repealed and added by Stats. 1977, Ch. 839.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 5 - Management of Deer › Section 453.

453. The department shall develop plans for such deer herd management units. The objectives of such plans shall be the restoration and maintenance of healthy deer herds in the wild state and to provide for high quality and diversified use of deer in California.
(Repealed and added by Stats. 1977, Ch. 839.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 5 - Management of Deer › Section 454.

454. Such management plans shall contain the following program elements:
(a) Document existing information on deer herd management units and programs to obtain information that may be needed.
(b) Develop programs to maintain and increase the quality of deer habitat statewide. Such programs will emphasize cooperative action between the department and the appropriate land management entities, both public and private. Emphasis shall be directed towards identifying critical deer habitat areas and the maintenance and management of such areas.
(c) Develop programs to reduce natural mortalities where such reduction may be critical to meeting deer herd plan objectives.
(d) Develop programs to decrease the illegal taking of deer through modern law enforcement methods supported by public and private cooperative efforts.
(e) Develop diversified recreational use programs, including both hunting and nonhunting uses, consistent with the basic individual deer herd management unit capabilities.
(Repealed and added by Stats. 1977, Ch. 839.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 5 - Management of Deer › Section 456.

456. The department shall biennially report to the Legislature and to the commission on the progress that is being made toward the restoration and maintenance of California’s deer herds. The report shall include program activities regarding deer habitat, particularly addressing problems dealing with identification and preservation of critical deer habitat areas; the amount of revenue derived from the sale of deer tags during the two previous fiscal years; a list of expenditures during the two previous fiscal years and proposed expenditures during the current fiscal year; and a report of general benefits accrued to the deer resources as a result of the program.
(Amended by Stats. 2023, Ch. 132, Sec. 7. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 5 - Management of Deer › Section 457.

457. (a) Not later than December 15 of each year, the department shall determine its proposed recommendations to the commission relating to the management of deer, including its recommendations as to whether any antlerless deer hunts should be ordered.
(b) The recommendations shall include all of the following:
(1) The number, if any, of antlerless deer that should be taken in particular deer management units.
(2) Proposed dates for any recommended taking.
(3) The number of permits proposed for each management unit.
(4) Whether the permits should be either-sex permits.
(Amended by Stats. 2023, Ch. 132, Sec. 8. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 5 - Management of Deer › Section 458.

458. (a) Not later than December 15 of each year, the department shall provide notice of the details of its proposed recommendations under Section 457 to the board of supervisors of each county affected by a recommendation, by certified mail.
(b) Not later than the February 1 next following the department’s notice, the board of supervisors of any affected county may elect to hold a public hearing on one or more of the department’s proposed recommendations. The director or the director’s representative shall attend all hearings held pursuant to this subdivision.
(c) The board of supervisors of any affected county may, by resolution, elect not to exercise the rights conferred by this section.
(d) This section applies only to the counties of, and to those districts or parts of districts in, Siskiyou, Modoc, Trinity, Shasta, Lassen, Plumas, Sierra, Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Imperial, Inyo, Lake, Madera, Mariposa, Mendocino, Merced, Mono, Monterey, Napa, Nevada, Orange, Placer, Riverside, San Luis Obispo, Santa Barbara, Santa Clara, Tehama, Tuolumne, Yolo, and Yuba Counties.
(Amended by Stats. 2023, Ch. 132, Sec. 9. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 5 - Management of Deer › Section 459.

459. (a) Not later than the February 1 next following the department’s notice, the board of supervisors of any affected county that has held a public hearing pursuant to Section 458 may, by resolution, object to one or more proposed recommendations of the department, or may, by resolution, determine that one or more proposed recommendations should be modified, and state the necessary modification.
(b) A resolution objecting to or stating necessary modification of a proposed recommendation shall be based on testimony and information presented at a hearing conducted pursuant to subdivision (b) of Section 458, or presented to the board of supervisors at its meeting to consider the resolution.
(c) The department shall not recommend to the commission, and the commission shall not authorize, the taking of antlerless deer in an affected county if the board of supervisors of that county submits a resolution objecting to that taking.
(d) If a board of supervisors of an affected county submits a resolution determining that one or more proposed recommendations of the department relating to the taking of antlerless deer should be modified for that county, the department and the commission shall do one of the following:
(1) The department shall modify its recommendations and the commission shall modify its orders to incorporate the modification determined to be necessary by the county board of supervisors.
(2) The department shall not recommend, and the commission shall not authorize, the taking of antlerless deer in that county.
(Amended by Stats. 2023, Ch. 132, Sec. 10. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 5 - Management of Deer › Section 460.

460. (a) Prior to each meeting of the commission at which the commission considers the regulation of deer and takes action pursuant to paragraph (1) of subdivision (a) of Section 255, the department shall recommend to the commission the deer herd units to be placed under a general deer hunting season.
(b) At the same time, the department shall do all of the following:
(1) Recommend to the commission, subject to the provisions of Sections 458 and 459, whether any antlerless deer should be taken and if so, in which deer herd management units.
(2) If in the judgment of the department there are deer herd management units in which hunting pressure would adversely affect the deer herd, impair the hunting experience, or endanger the public safety, recommend to the commission those deer herd management units where hunter numbers should be restricted, and those which should be removed from the general deer hunting season designation.
(3) Inform the commission of the condition of each deer herd management unit.
(4) Recommend to the commission, in accordance with the provisions of Sections 458 and 459, the number, if any, of antlerless deer that should be taken in deer herd management units, whether the permits should be either-sex permits, the proposed dates for the taking, and the number of permits proposed for each deer herd management unit.
(5) Recommend to the commission the establishment of any hunter-restricted quota units, if needed, and the number of the quota and manner in which the quota permits should be issued.
(c) Upon receipt of the recommendations and information required by this section, the commission shall make that material known to the public, and shall also make known to the public the commission’s determinations regarding proposed regulations.
(Amended by Stats. 2023, Ch. 132, Sec. 11. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 1 - FISH AND GAME COMMISSION › CHAPTER 6 - Damages from Poaching and Illegal Sales › Section 500.

500. (a) The commission shall, by regulation, adopt guidelines to assist the director and the department in ascertaining the amount of civil penalties to be imposed pursuant to Section 2582 or 2583. The guidelines may include monetary amounts or ranges of monetary amounts that the commission finds are adequate to deter illegal actions and partially compensate the people of California for losses to the fish and wildlife resources from illegal transactions described in Section 2582 or 2583 for profit or personal gain.
(b) If the violation involves birds, mammals, amphibians, reptiles, or fish with a value in the aggregate of less than four hundred dollars ($400) and involves only the transportation, taking, or receipt of fish or wildlife taken or possessed in violation of this code, the guidelines shall provide that the civil penalty shall not exceed the maximum criminal fine provided by law for the violation in this code or ten thousand dollars ($10,000), whichever is less. For purposes of this section, “value” means the retail market value if a market value exists, the potential monetary gain to the accused or, for commercial species, the established retail market value.
(c) The guidelines shall include consideration of the nature, circumstances, extent, and gravity of the prohibited acts committed, and the degree of culpability of the violator, including lesser penalties for acts which have little significant effect upon the resources and greater penalties for acts which may cause serious injury to the resources.
(d) Nothing in this chapter or in Chapter 6.5 (commencing with Section 2580) of Division 3 shall be used to establish a monetary value for fish or wildlife resources in connection with any development, project, or land or water use plan or activity as permitted by any federal, state, or local governmental activity. This chapter does not apply to any action brought to recover civil damages under Section 2014.
(Added by Stats. 1988, Ch. 1059, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 700.

700. (a) There is in the Natural Resources Agency a Department of Fish and Wildlife administered through the director.
(b) The Department of Fish and Wildlife shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the Department of Fish and Game.
(c) Whenever the term “Department of Fish and Game” appears in a law, the term means the “Department of Fish and Wildlife.”
(d) No existing supplies, forms, insignias, signs, logos, uniforms, or emblems shall be destroyed or changed as a result of changing the name of the Department of Fish and Game to the Department of Fish and Wildlife, and those materials shall continue to be used until exhausted or unserviceable.
(Amended by Stats. 2012, Ch. 559, Sec. 8. (AB 2402) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 701.

701. The director shall be appointed by the Governor, and receive the annual salary provided for by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 701.3.

701.3. There shall be one deputy director of the department who shall be a civil executive officer and shall be appointed by the Governor and serve at the pleasure of the Governor. The compensation of the deputy director shall be fixed by the director pursuant to law. The deputy director shall have such duties as shall be assigned, from time to time, by the director, and shall be responsible to the director for the performance thereof.
(Added by Stats. 1980, Ch. 931, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 701.5.

701.5. The director or one or more of his designees may accept the office of director or alternate director of an entity established by a joint powers agreement providing for the establishment and conduct of an areawide waste management planning process in accordance with the provisions of Section 208 of the Federal Water Pollution Control Act. Such office of director or alternate director of a joint powers entity is deemed compatible with the office of director and the office or employment of such persons as the director may so designate to serve such an entity established by a joint powers agreement.
(Added by Stats. 1975, Ch. 868.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 702.

702. This code shall be administered and enforced through regulations adopted only by the department, except as otherwise specifically provided by this code or where this code requires the commission to adopt regulations.
(Amended by Stats. 1996, Ch. 870, Sec. 4.5. Effective January 1, 1997.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 702.1.

702.1. (a) The department, on or before January 1, 2016, shall prepare and submit to the relevant policy and fiscal committees of the Legislature a feasibility study report on an electronic system to manage citations issued by fish and game wardens, exchange information on citations with the courts, and transfer data on court dispositions to the Automated License Data System.
(b) (1) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report pursuant to subdivision (a) shall become inoperative on January 1, 2017.
(2) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2012, Ch. 559, Sec. 9. (AB 2402) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 703.

703. (a) General policies for the conduct of the department shall be formulated by the commission. The director shall be guided by those policies and shall be responsible to the commission for the administration of the department in accordance with those policies.
(b) The department shall respond to requests from the Department of Forestry and Fire Protection, acting as the lead agency for the review of timber harvesting plans, within the time period required under Section 4582.6 of the Public Resources Code, unless additional time is granted by the Department of Forestry and Fire Protection. The department shall include specific comments or recommendations, or both, on any significant environmental issues raised by the proposed timber harvesting plan in its area of jurisdiction, including any proposed mitigation measures. The department shall also identify its statutory authority for any requests or recommendations for mitigation that it may determine to be necessary. If the department has no comment to make on the proposed timber harvesting plan, it is not required to submit a response.
(Amended by Stats. 1995, Ch. 612, Sec. 1. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 703.3.

703.3. It is the policy of the state that the department and commission use ecosystem-based management informed by credible science in all resource management decisions to the extent feasible. It is further the policy of the state that scientific professionals at the department and commission, and all resource management decisions of the department and commission, be governed by a scientific quality assurance and integrity policy, and follow well-established standard protocols of the scientific profession, including, but not limited to, the use of peer review, publication, and science review panels where appropriate. Resource management decisions of the department and commission should also incorporate adaptive management to the extent possible.
(Added by Stats. 2012, Ch. 559, Sec. 10. (AB 2402) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 703.5.

703.5. It is the policy of the state as follows:
(a) That the department and the commission seek to create, foster, and actively participate in effective partnerships and collaborations with other agencies and stakeholders to achieve shared goals and to better integrate fish and wildlife resource conservation and management with the natural resource management responsibilities of other agencies.
(b) That the department and commission participate in interagency coordination processes that facilitate consistency and efficiency in review of projects requiring multiple permits, including, but not necessarily limited to, joint state, federal, and local permit review teams that enable early consultation with project applicants, and provide improved sharing of data, information, tools, and science to achieve better alignment of planning, policies, and regulations across agencies.
(Added by Stats. 2012, Ch. 559, Sec. 11. (AB 2402) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 704.

704. (a) Notwithstanding any other provision of law, the director is the appointing power of all employees within the department, and all employees in the department are responsible to the director for the proper carrying out of the duties and responsibilities of their respective positions.
(b) The changes made to subdivision (a) during the 2001–02 Regular Session of the Legislature are declaratory of existing law.
(Amended by Stats. 2001, Ch. 398, Sec. 1.5. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 705.

705. (a) For purposes of this section, “eligible renewable energy resources” has the same meaning as in the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).
(b) The department shall establish an internal division with the primary purpose of performing comprehensive planning and environmental compliance services with priority given to projects involving the building of eligible renewable energy resources.
(c) The internal division shall ensure the timely completion of plans pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3).
(Added by Stats. 2011, 1st Ex. Sess., Ch. 1, Sec. 2. (SB 2 1x) Effective December 10, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 706.

706. The provisions of Chapter 2 (commencing at Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code shall govern and apply to the conduct of the department in every respect. Whenever in that chapter the term “head of the department” or similar designation occurs, for the purposes of this section it shall mean the director.
(Amended by Stats. 2015, Ch. 154, Sec. 22. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 707.

707. It is the duty of the attorney for the department to act as counsel in defense of any officer or deputy of the department in any suit for damages brought against the officer or deputy on account of injuries to persons or property alleged to have been received as a result of the negligence or misconduct of the officer or deputy occurring while the officer or deputy was performing his official duties.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 709.

709. A nonprofit organization designated by the department to assist in the sale of deer, elk, antelope, or bighorn sheep fundraising tags that are sold on behalf of the department for the purpose of raising funds for specified programs and projects, pursuant to subdivision (c) of Section 331, subdivision (d) of Section 332, subdivision (a) of Section 4334, or subdivision (d) of Section 4902, is authorized to retain 5 percent of the amount of the sale price of the tag as a reasonable vendor fee.
(Added by Stats. 2014, Ch. 467, Sec. 2. (AB 2105) Effective January 1, 2015.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 710.

710. The Legislature finds and declares that the department has in the past not been adequately funded to meet its mandates. The principal causes have been the fixed nature of the department’s revenues in contrast with the rising costs resulting from inflation, the increased burden on the department to carry out its public trust responsibilities, and additional responsibilities placed on the department by the Legislature. This lack of funding has prevented proper planning and manpower allocation. The lack of funding has required the department to restrict warden enforcement and to defer essential management of lands acquired for wildlife conservation. The lack of funding for fish and wildlife conservation activities other than sport and commercial fishing and hunting activities has resulted in inadequate wildlife and habitat conservation and wildlife protection programs.
(Amended by Stats. 2006, Ch. 667, Sec. 9. Effective January 1, 2007.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 710.5.

710.5. (a) The Legislature finds and declares that the department continues to be inadequately funded to meet its mandates. While revenues have been declining, the department’s responsibilities have increased in order to protect public trust resources in the face of increasing population and resource management demands. The department’s revenues have been limited due to a failure to maximize user fees and inadequate non-fee-related funding. The limited department revenues have resulted in the inability of the department to effectively provide all of the programs and activities required under this code and to manage the wildlife resources held in trust by the department for the people of the state.
(b) The Legislature further finds and declares that the department has been largely supported by fees paid by those who utilize the resources held in trust by the department. It is the intent of the Legislature that, to the extent feasible, the department should continue to be funded by user fees. All fees collected by the department, including, but not limited to, recreational hunting and fishing licenses, landing fees, commercial licenses, permits and entitlements, and other fees for use of the resources regulated or managed by the department, are user fees. To the extent that these fees are appropriated through the Budget Act for the purposes for which they are collected to provide services to the people of the State of California, these user fees are not subject to Article XIII B of the California Constitution.
(c) The Legislature further finds and declares that user fees are not sufficient to fund all of the department’s mandates. To fulfill its mandates, the department must secure a significant increase in reliable funding, in addition to user fees.
(Amended by Stats. 2017, Ch. 26, Sec. 2. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 710.7.

710.7. (a) The Legislature finds and declares all of the following:
(1) The department continues to face serious funding instability due to revenue declines from traditional user fees and taxes and the addition of new and expanded program responsibilities.
(2) Historically, the recreational and commercial fishing industry has funded much of the department’s marine fisheries activities.
(3) As the state’s population grows and development changes historic land uses, fish and wildlife continue to be depleted, necessitating a significant portion of the department’s activities to be directed toward protecting fish and wildlife for the benefit of the people of the state.
(b) It is the intent of the Legislature to extend the current user-based funding system by allocating a portion of the marine resource protection costs to those who use and benefit from recreational and commercial use of the marine resources.
(c) It is the Legislature’s intent that, notwithstanding Section 711, the department shall cooperate with the Legislature, recreational users, conservation organizations, the commercial fishing industry, and other interested parties to identify and propose new alternative sources of revenue to fund the department’s necessary marine conservation, restoration, and resources management, and protection responsibilities.
(d) It is further the intent of the Legislature to identify new funding sources and to secure those sources to adequately fund the department’s activities directed at protecting and managing wildlife for the people of the state.
(Amended by Stats. 2006, Ch. 667, Sec. 11. Effective January 1, 2007.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 711.1.

711.1. (a) The expenditure of all federal grant moneys made available to the state pursuant to the Federal Aid in Wildlife Restoration Act (16 U.S.C. Sec. 669 et seq.) shall be consistent with that act.
(b) In applying for federal grant moneys available pursuant to the Federal Aid in Wildlife Restoration Act, the department shall give priority to projects that fulfill one or more of the following purposes:
(1) Management of the department’s wildlife areas or other lands open to the public for hunting and other public priority uses listed in paragraph (1) of subdivision (d) of Section 1745.
(2) Conservation of, or scientific research concerning, wildlife or wildlife habitat.
(3) Support of the department’s hunting-related programs, including hunter education, public access, and target shooting.
(c) The department shall post a brief description of projects or programs funded by moneys received pursuant to the Federal Aid in Wildlife Restoration Act on its Internet Web site. The description shall include information about the budget of each project or program.
(d) The department shall consult with any of the advisory committees established pursuant to Sections 3684, 3702.1, and 3953 regarding all projects funded by the Federal Aid in Wildlife Restoration Act that are relevant to the committee or committees.
(Added by Stats. 2014, Ch. 259, Sec. 1. (SB 1434) Effective January 1, 2015.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 1 - Organization and General Functions › ARTICLE 1 - Generally › Section 711.2.

711.2. (a) For purposes of this code, unless the context otherwise requires, “project” has the same meaning as defined in Section 21065 of the Public Resources Code.
(b) For purposes of this article, “person” includes any individual, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, city, county, city and county, town, the state, and any of the agencies of those entities.
(Amended by Stats. 2015, Ch. 154, Sec. 23. (AB 1527) Effective January 1, 2016.)