reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 5 - Fish and Game Management › ARTICLE 4 - Ecological Reserves › Section 1585.

1585. Notwithstanding Section 1580, which sets forth the primary purposes of ecological reserves, the department may construct facilities and conduct programs in ecological reserves it selects to provide natural history education and recreation if those facilities and programs are compatible with the protection of the biological resources of the reserve. As provided in Sections 1764 and 1765, the department may control access, use, and collect fees for selected ecological reserves.
(Added by Stats. 1988, Ch. 1539, Sec. 4.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 5 - Fish and Game Management › ARTICLE 4 - Ecological Reserves › Section 1586.

1586. The Upper Newport Bay Ecological Reserve Maintenance and Preservation Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated, without regard to fiscal years, to the department for purposes related to the maintenance and preservation of the Upper Newport Bay Ecological Reserve.
(Amended by Stats. 1999, Ch. 66, Sec. 1. Effective July 6, 1999.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 5 - Fish and Game Management › ARTICLE 4 - Ecological Reserves › Section 1587.

1587. The Mirage Trail within the Magnesia Spring Ecological Reserve shall be open nine months of the year during the months of May to January, inclusive, and closed for three months during the months of February to April, inclusive, to recreational hiking if the commission determines that all of the following conditions are met:
(a) Local public agencies or other nonstate entities will assume complete financial responsibility for the following as determined to be necessary by the commission:
(1) Fencing to dissuade hikers from traversing beyond the trail and into sensitive Peninsular bighorn sheep habitat.
(2) Signage and educational materials to educate hikers about Peninsular bighorn sheep.
(b) A single entity has been designated to fulfill the financial arrangements and other terms and conditions determined by the commission to be necessary pursuant to subdivision (a).
(c) The entity designated pursuant to subdivision (b) has committed to expend at least one hundred thousand dollars ($100,000) by January 1, 2018, to monitor the Peninsular bighorn sheep, consistent with the Coachella Valley Multiple Species Habitat Conservation Plan.
(d) The commission shall, beginning January 1, 2020, and by January 1 every two years thereafter, at a public hearing, assess compliance with the requirements of this section and post its findings and any recommendations on its Internet Web site.
(e) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date.
(Amended by Stats. 2017, Ch. 315, Sec. 1. (AB 661) Effective January 1, 2018. Repealed as of January 1, 2028, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 5 - Fish and Game Management › ARTICLE 4 - Ecological Reserves › Section 1588.

1588. (a) The “Eden Landing Ecological Reserve,” as specified in paragraph (52) of subdivision (b) of Section 630 of Title 14 of the California Code of Regulations, as that section read on January 1, 2022, is hereby renamed the “Congressman Pete Stark Ecological Reserve at Eden Landing.”
(b) The department shall implement the name change and, notwithstanding Section 1580 or any other law, is not required to obtain commission approval for implementation of the name change.
(Added by Stats. 2022, Ch. 60, Sec. 1. (AB 203) Effective June 30, 2022.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 5 - Fish and Game Management › ARTICLE 5 - Classification of Marine Managed Areas with Harvest Restrictions › Section 1590.

1590. The commission may designate, delete, or modify state marine recreational management areas established by the commission for hunting purposes, state marine reserves, and state marine conservation areas, as delineated in subdivision (a) of Section 36725 of the Public Resources Code. The commission shall consult with, and secure concurrence from, the State Park and Recreation Commission prior to modifying or deleting marine reserves and marine conservation areas designated by the State Park and Recreation Commission. The commission shall not delete or modify state marine recreational management areas designated by the State Park and Recreation Commission.
(Amended by Stats. 2003, Ch. 610, Sec. 5. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 5 - Fish and Game Management › ARTICLE 5 - Classification of Marine Managed Areas with Harvest Restrictions › Section 1591.

1591. (a) The Marine Managed Areas Improvement Act (Chapter 7 (commencing with Section 36600) of Division 27 of the Public Resources Code) establishes a uniform classification system for state marine managed areas and is incorporated herein by reference. Any proposals for marine protected areas made after January 1, 2002, shall follow the guidelines set forth in that act. Pursuant to Section 36750 of the Public Resources Code, all marine protected areas in existence and not reclassified in accordance with the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3) on January 1, 2002, shall be reclassified by the State Interagency Coordinating Committee established pursuant to Section 36800 of the Public Resources Code into one of the following classifications:
(1) State marine reserve.
(2) State marine park.
(3) State marine conservation area.
(b) State marine recreational management areas established by the commission for hunting purposes, state marine reserves, and state marine conservation areas shall be designated, deleted, or modified by the commission pursuant to that act. The restrictions and allowable uses applicable to those areas are as set forth in that act.
(Amended by Stats. 2003, Ch. 610, Sec. 6. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1600.

1600. The Legislature finds and declares that the protection and conservation of the fish and wildlife resources of this state are of utmost public interest. Fish and wildlife are the property of the people and provide a major contribution to the economy of the state, as well as providing a significant part of the people’s food supply; therefore their conservation is a proper responsibility of the state. This chapter is enacted to provide conservation for these resources.
(Repealed and added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1601.

1601. The following definitions apply to this chapter:
(a) “Agreement” means a lake or streambed alteration agreement.
(b) “Day” means calendar day.
(c) “Emergency” has the same definition as in Section 21060.3 of the Public Resources Code.
(d) “Entity” means any person, state or local governmental agency, or public utility that is subject to this chapter.
(Repealed and added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1604.

1604. Any party affected by a decision made by an arbitration panel pursuant to this chapter may petition a court of competent jurisdiction for confirmation, correction, or vacation of the decision in accordance with Chapter 4 (commencing with Section 1285) of Title 9 of Part 3 of the Code of Civil Procedure.
(Repealed and added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1606.

1606. The department shall not condition the issuance of an agreement on the receipt of another local, state, or federal permit.
(Repealed and added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1607.

1607. Any time period prescribed in this chapter may be extended by mutual agreement.
(Repealed and added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1608.

1608. The department shall provide any entity that submits a notification pursuant to subdivision (a) of Section 1602 with all of the following information:
(a) The time period for review of the notification.
(b) An explanation of the entity’s right to object to any measures proposed by the department.
(c) The time period within which objections may be made in writing to the department.
(d) The time period within which the department is required to respond, in writing, to the entity’s objections.
(e) An explanation of the right of the entity to arbitrate any measures in a draft agreement.
(f) The procedures and statutory timelines for arbitration, including, but not limited to, information about the payment requirements for arbitrator fees.
(g) The current schedule of fees to obtain an agreement.
(Amended by Stats. 2023, Ch. 132, Sec. 21. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1609.

1609. (a) The department may establish a graduated schedule of fees to be charged to any entity subject to this chapter. The fees charged shall be established in an amount necessary to pay the total costs incurred by the department in administering and enforcing this chapter, including, but not limited to, preparing and submitting agreements and conducting inspections. The department shall annually adjust the fees pursuant to Section 713. Fees received pursuant to this section shall be deposited in the Fish and Game Preservation Fund.
(b) (1) The fee schedule established pursuant to subdivision (a) shall not include a fee that exceeds five thousand dollars ($5,000) for any single project.
(2) The fee limitation described in paragraph (1) does not apply to any project included in any agreement issued pursuant to subdivision (g) of Section 1605.
(Amended by Stats. 2016, Ch. 340, Sec. 2. (SB 839) Effective September 13, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1610.

1610. (a) Except as provided in subdivision (b), this chapter does not apply to any of the following:
(1) Immediate emergency work necessary to protect life or property.
(2) Immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(3) Emergency projects undertaken, carried out, or approved by a state or local governmental agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, within the existing right-of-way of the highway, that has been damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. Work needed in the vicinity above and below a highway may be conducted outside of the existing right-of-way if it is needed to stop ongoing or recurring mudslides, landslides, or erosion that pose an immediate threat to the highway, or to restore those roadways damaged by mudslides, landslides, or erosion to their predamage condition and functionality. This paragraph does not exempt from this chapter any project undertaken, carried out, or approved by a state or local governmental agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide. The exception provided in this paragraph does not apply to a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code.
(b) The entity performing the emergency work described in subdivision (a) shall notify the department of the work, in writing, within 14 days of beginning the work. Any work described in the emergency notification that does not meet the criteria for the emergency work described in subdivision (a) is a violation of this chapter if the entity did not first notify the department in accordance with Section 1602 or 1611.
(c) This chapter does not apply to activities undertaken pursuant to Section 1242.1 of the Water Code.
(Amended by Stats. 2023, Ch. 51, Sec. 4. (SB 122) Effective July 10, 2023.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1611.

1611. (a) An entity that submits a timber harvesting plan in accordance with Section 4581 of the Public Resources Code or directly to the department is deemed to have given the notification required by Section 1602, as long as the following information is included in the plan:
(1) The volume, type, and equipment to be used in removing or displacing any one or combination of soil, sand, gravel, or boulders.
(2) The volume of water, intended use, and equipment to be used in any water diversion or impoundment, if applicable.
(3) The equipment to be used in road or bridge construction.
(4) The type and density of vegetation to be affected and an estimate of the area involved.
(5) A diagram or sketch of the location of the operation that clearly indicates the stream or other water and access from a named public road. Locked gates shall be indicated and the compass direction shall be shown.
(6) A description of the period of time in which operations will be carried out.
(b) Notwithstanding subdivision (a), the department is not required to determine whether the notification is complete or otherwise process the notification until the timber harvesting plan and the proper notification fee have both been received by the department.
(c) Nothing in this section requires the department to issue an agreement fewer than 60 days from the date the notification is complete.
(d) The date on which the term of an agreement issued pursuant to this section begins shall be the date timber operations first commence, unless the agreement specifies a later beginning date.
(Added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1612.

1612. The department may suspend or revoke an agreement at any time if it determines that an entity is not in compliance with the terms of the agreement or fails to provide timely status reports as required by subdivision (g) of Section 1605. The department shall adopt regulations establishing the procedure for suspension or revocation of an agreement. The procedure shall require the department to provide to the entity a written notice that explains the basis for a suspension or revocation, and to provide the entity with an opportunity to correct any deficiency before the department suspends or revokes the agreement.
(Added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1613.

1613. If, after receiving a notification, but before the department executes a final agreement, the department informs the entity, in writing, that the activity described in the notification, or any activity or conduct by the entity directly related thereto, violates any provision of this code or the regulations that implement the code, the department may suspend processing the notification, and subparagraph (D) of paragraph (4) of subdivision (a) of Section 1602 and the timelines specified in Section 1603 do not apply. This section ceases to apply if any of the following occurs:
(a) The department determines that the violation has been remedied.
(b) Legal action to prosecute the violation is not filed within the applicable statute of limitations.
(c) Legal action to prosecute the violation has been terminated.
(Amended by Stats. 2016, Ch. 340, Sec. 4. (SB 839) Effective September 13, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1614.

1614. If the entity is required to perform work subject to this chapter pursuant to a court or administrative order or notice, the entity shall include the measures proposed by the department to protect fish and wildlife resources in the agreement. Those measures are not subject to arbitration.
(Added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1615.

1615. (a)  An entity that violates this chapter is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.
(b) The civil penalty imposed pursuant to subdivision (a) is separate from, and in addition to, any other civil penalty imposed pursuant to this section or any other provision of the law.
(c) In determining the amount of any civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court may consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and, with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines that justice may require.
(d) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.
(e) (1) In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding any of the following:
(A) That irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued.
(B) That the remedy at law is inadequate.
(2) The court shall issue a temporary restraining order, preliminary injunction, or permanent injunction in a civil action brought pursuant to this chapter without the allegations and without the proof specified in paragraph (1).
(f) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003, and shall be apportioned in the following manner:
(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.
(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of any legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.
(Amended by Stats. 2016, Ch. 340, Sec. 5. (SB 839) Effective September 13, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1616.

1616. Any agreement or any memorandum of understanding executed by the department pursuant to this chapter prior to January 1, 2004, shall be subject to, and shall be governed by, the provisions of this chapter that were in existence prior to that date. This section does not apply to paragraph (2) of subdivision (b) of Section 1602, requiring an entity to provide a copy or other satisfactory evidence of an agreement attained prior to January 1, 1977, upon the request of the department.
(Added by Stats. 2003, Ch. 736, Sec. 2. Effective January 1, 2004.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6 - Fish and Wildlife Protection and Conservation › Section 1617.

1617. (a) The department may adopt general agreements for the cultivation of cannabis.
(b) Any general agreement adopted by the department subsequent to adoption of regulations under this section shall be in lieu of an individual agreement described in subparagraph (B) of paragraph (4) of subdivision (a) of Section 1602.
(c) Subparagraph (D) of paragraph (4) of subdivision (a) of Section 1602 and all other time periods to process agreements specified in this chapter do not apply to the issuance of a general agreement adopted by the department pursuant to this section.
(d) Any general agreement issued by the department pursuant to this section is a final agreement and is not subject to Section 1603 or 1604.
(e) The department shall charge a fee for a general agreement adopted by the department under this section in accordance with Section 1609.
(f) If the department adopts or amends a general agreement under this section, it shall do so as an emergency regulation. An emergency regulation adopted pursuant to this section, and any amendments to it, shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department, or any amendments to it made by the department pursuant to this section, shall stay in effect until revised by the department.
(g) Regulations adopted pursuant to this section, and any amendment thereto, shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.
(Amended by Stats. 2017, Ch. 27, Sec. 109. (SB 94) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6.5 - Habitat Restoration and Enhancement Act › Section 1650.

1650. This chapter shall be known, and may be cited, as the Habitat Restoration and Enhancement Act.
(Added by Stats. 2014, Ch. 604, Sec. 2. (AB 2193) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 1657.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6.5 - Habitat Restoration and Enhancement Act › Section 1651.

1651. As used in this chapter:
(a) “Fish passage guidelines” means those guidelines specified in the department’s California Salmonid Stream Habitat Restoration Manual and the National Marine Fisheries Service, Southwest Region, Guidelines for Salmonid Passage at Stream Crossings, and subsequent amendments or updates to either document.
(b) “Habitat restoration or enhancement project” means a project with the primary purpose of improving fish and wildlife habitat. A habitat restoration or enhancement project shall meet the eligibility requirements for the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its current equivalent at the time the project proponent submits a written request pursuant to Section 1652 or 1653. The order or current equivalent may include programmatic waivers or waste discharge requirements for small habitat restoration projects.
(c) “Project proponent” means a person, public agency, or nonprofit organization seeking to implement a habitat restoration or enhancement project.
(d) “Species recovery plan” means a guidance document prepared by a government agency that identifies recovery actions, based upon the best scientific and commercial data available, necessary for the protection and recovery of listed species.
(Added by Stats. 2014, Ch. 604, Sec. 2. (AB 2193) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 1657.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6.5 - Habitat Restoration and Enhancement Act › Section 1654.

1654. (a) The director’s approval of a habitat restoration or enhancement project pursuant to Section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or other approval issued by the department, including, but not limited to, those issued pursuant to Chapter 6 (commencing with Section 1600) and Chapter 10 (commencing with Section 1900) of this division and Chapter 1.5 (commencing with Section 2050) of Division 3.
(b) This chapter shall not be construed as expanding the scope of projects requiring a permit, agreement, license, or other approval issued by the department.
(c) (1) If the director determines at any time that the project is no longer consistent with subdivision (c) of Section 1652 or subdivision (b) of Section 1653, as applicable, due to a material change between the project as submitted and the project being implemented or a change in the environmental circumstances in the area of implementation, the director shall notify the project proponent in writing and project implementation shall be suspended. Written notice from the director shall be delivered in person, by certified mail, or by electronic communication to the project proponent and shall specify the reasons why approval of the project was suspended. The approval for a project shall not be revoked pursuant to this subdivision unless it has first been suspended pursuant to this subdivision.
(2) Within 30 days of receipt of a notice of suspension, the project proponent may file an objection with the director. Any objection shall be in writing and state the reasons why the project proponent objects to the suspension. The project proponent may provide additional environmental protection measures, design modifications, or other evidence that the project is consistent with subdivision (c) of Section 1652 or subdivision (b) of Section 1653, as applicable, and request that the notice of suspension be lifted and approval granted.
(3) The director shall revoke approval or lift the suspension of project approval within 30 days after receiving the project proponent’s objection pursuant to paragraph (2).
(d) Pursuant to Section 818.4 of the Government Code, the department and any other state agency exercising authority under this section shall not be liable with regard to any determination or authorization made pursuant to this section.
(Amended by Stats. 2015, Ch. 303, Sec. 167. (AB 731) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 1657.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6.5 - Habitat Restoration and Enhancement Act › Section 1655.

1655. (a) The Habitat Restoration and Enhancement Account is hereby created in the Fish and Game Preservation Fund.
(b) The department may enter into an agreement to accept funds from any public agency, person, business entity, or organization to achieve the purposes of this chapter. The department shall deposit any funds so received in the account. The funds received shall supplement existing resources for department administration and permitting of projects and programs included in this chapter.
(c) The department shall assess an application fee for a project submitted to the department pursuant to Section 1652 or 1653 consistent with the fees adopted by the department pursuant to Chapter 6 (commencing with Section 1600), but the application fee shall not exceed the reasonable administrative and implementation costs of the department relating to the project.
(d) Moneys in the account shall be available to the department, upon appropriation by the Legislature, for the purposes of administering and implementing this chapter.
(Added by Stats. 2014, Ch. 604, Sec. 2. (AB 2193) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 1657.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6.5 - Habitat Restoration and Enhancement Act › Section 1656.

1656. (a) The department shall submit a report no later than December 31, 2020, and an additional report no later than December 31, 2025, on the implementation of this chapter to the Legislature that shall include, but not be limited to, the number, type, and geographical distribution of approved projects, funding adequacy, and recommendations for changes and improvements in the program.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Amended by Stats. 2021, Ch. 735, Sec. 1. (SB 716) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 1657.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 6.5 - Habitat Restoration and Enhancement Act › Section 1657.

1657. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2021, Ch. 735, Sec. 2. (SB 716) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 6.5, commencing with Section 1650.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7 - Conservation of Aquatic Resources › Section 1700.

1700. It is hereby declared to be the policy of the state to encourage the conservation, maintenance, and utilization of the living resources of the ocean and other waters under the jurisdiction and influence of the state for the benefit of all the citizens of the state and to promote the development of local fisheries and distant-water fisheries based in California in harmony with international law respecting fishing and the conservation of the living resources of the oceans and other waters under the jurisdiction and influence of the state. This policy shall include all of the following objectives:
(a) The maintenance of sufficient populations of all species of aquatic organisms to insure their continued existence.
(b) The recognition of the importance of the aesthetic, educational, scientific, and nonextractive recreational uses of the living resources of the California Current.
(c) The maintenance of a sufficient resource to support a reasonable sport use, where a species is the object of sport fishing, taking into consideration the necessity of regulating individual sport fishery bag limits to the quantity that is sufficient to provide a satisfying sport.
(d) The growth of local commercial fisheries, consistent with aesthetic, educational, scientific, and recreational uses of such living resources, the utilization of unused resources, taking into consideration the necessity of regulating the catch within the limits of maximum sustainable yields, and the development of distant-water and overseas fishery enterprises.
(e) The management, on a basis of adequate scientific information promptly promulgated for public scrutiny, of the fisheries under the state’s jurisdiction, and the participation in the management of other fisheries in which California fishermen are engaged, with the objective of maximizing the sustained harvest.
(f) The development of commercial aquaculture.
(Amended by Stats. 1982, Ch. 1486, Sec. 4.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.2 - Trout Management › Section 1726.

1726. The Legislature hereby finds and declares that it is the policy of the state to do all of the following:
(a) Establish and maintain wild trout stocks, that, to the extent possible, should be native fish, in suitable waters of the state that are readily accessible to the general public as well as in those waters in remote areas.
(b) Establish angling regulations designed to maintain the wild trout fishery in those waters by natural reproduction.
(c) Discourage artificial planting of hatchery-raised hybrid and nonnative fish species in wild trout waters or in other areas that would adversely affect native aquatic and nonaquatic species.
(Amended by Stats. 2012, Ch. 565, Sec. 6. (SB 1148) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.2 - Trout Management › Section 1726.1.

1726.1. The Legislature further finds and declares all of the following:
(a) Hatchery production and stocking of California’s waters started over 140 years ago and is an enduring part of California’s history and attempts to steward its natural resources.
(b) Sustainable and adaptive management provides and improves recreational angling opportunities while protecting and maintaining native and wild trout fisheries, other species, and their mutual habitat.
(c) Management of the genetic diversity of California’s native trout species is imperative.
(d) Habitat restoration and the protection of cold water ecosystems are both of utmost importance to maintaining healthy wild trout populations, ensuring and promoting angler opportunities, and the sustainability of the inland trout fishery.
(e) The department shall seek to provide and enhance diverse recreational angling opportunities in California.
(Added by Stats. 2012, Ch. 565, Sec. 7. (SB 1148) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.2 - Trout Management › Section 1726.4.

1726.4. (a) For the purposes of this chapter, “trout” includes steelhead trout.
(b) The department, in administering its existing wild trout program, shall maintain an inventory of all California trout streams and lakes to determine the most suitable angling regulations for each stream or lake. The department shall determine for each stream or lake whether it should be managed as a wild trout fishery, or whether its management should involve the temporary planting of native trout species to supplement wild trout populations that is consistent with this chapter. In maintaining the inventory, the department shall give priority to those streams and lakes that have the highest biological potential for producing sizeable wild trout, which are inhabited by rare species, or where the quality of the fishery is threatened or endangered and take into consideration public use. The biological and physical inventories prepared and maintained for each stream, stream system, or lake shall include an assessment of the resource status, threats to the continued well-being of the fishery resource, the potential for fishery resource development, and recommendations, including necessary changes in the allowed take of trout, for the development of each stream or lake to its full capacity as a fishery, consistent with this chapter.
(c) This section does not provide any public entity or private party with any new or additional authority to affect the management of, or access to, any private land without the written consent of the owner. Privately owned lakes and ponds not open to the use of the general public shall be subject to this section only with the written consent of the owner. This chapter shall not be construed as authorizing or requiring special treatment of adjacent land areas or requiring land use restrictions. It is the intent of the Legislature that this chapter should not diminish the existing authority of the department.
(d) The department shall make the inventory maintained pursuant to subdivision (b) publicly available on the department’s Internet Web site and the department shall continuously revise that inventory with the goal of reviewing every watershed once per decade.
(Amended by Stats. 2012, Ch. 565, Sec. 8. (SB 1148) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.2 - Trout Management › Section 1726.5.

1726.5. The Legislature further finds and declares that activities and programs mandated by this chapter are a continuation and perpetuation of the department’s existing wild trout program and other programs, and as such they shall be funded from existing budgetary resources.
(Added by Stats. 1979, Ch. 847.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.2 - Trout Management › Section 1727.

1727. (a) In order to provide for a diversity of available angling experiences throughout the state, it is the intent of the Legislature that the commission maintain the existing wild trout program, and as part of the program, develop additional wild trout waters in the more than 20,000 miles of trout streams and approximately 5,000 lakes containing trout in California.
(b) The department shall prepare a list of no less than 25 miles of stream or stream segments and at least one lake that it deems suitable for designation as wild trout waters. The department shall submit this list to the commission for its consideration at the regular October commission meeting.
(c) The commission may remove any stream or lake that it has designated as a wild trout fishery from the program at any time. If any of those waters are removed from the program, an equivalent amount of stream mileage or an equivalent size lake shall be added to the wild trout program.
(d) The department shall prepare and complete management plans for all wild trout waters not more than three years following their initial designation by the commission and update the management plan every five years following completion of the initial management plan.
(Amended by Stats. 2013, Ch. 275, Sec. 4. (AB 1420) Effective January 1, 2014.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.2 - Trout Management › Section 1729.

1729. (a) The department shall give priority to stocking native hatchery-produced species in California’s waters, where stocking is determined to be appropriate by the department. Stocking of hatchery-produced fish is not appropriate in all of California’s waters, including, but not limited to, stocking in California’s waters that would adversely affect species listed under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3).
(b) Hatchery-produced trout shall be stocked to support sustainable angling recreation and promote angler access to trout fishing, including, but not limited to, urban fisheries.
(c) The department may provide outreach and educational materials to all anglers to promote awareness of environmental sustainability, ecosystem health, fish genetics, angling opportunities, and fish population management.
(d) Educational programs utilizing the hatcheries shall be encouraged.
(e) The department shall ensure that all trout stocked in waters of the state for recreational purposes are unable to reproduce through triploidy or other means, with the exception of fish planted into brood stock lakes, surplus brood stock planted according to fishery management decisions, fish planted to supplement waters that the department has determined to be genetically isolated from native fish populations, and native trout species produced for recovery and restoration within their native range.
(f) The department may develop, conduct, and respond to regular angler preference and satisfaction surveys. This is not a substitute for a preferred scientific data collection and monitoring program that would facilitate adaptive management of California’s inland trout fisheries.
(g) The department shall review angling regulations periodically and adjust those regulations to ensure consistency with the strategic plan described in Section 1728.
(Added by Stats. 2012, Ch. 565, Sec. 12. (SB 1148) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.2 - Trout Management › Section 1730.

1730. (a) By January 1, 2014, the department shall form an intradepartmental strategic trout management team to provide direction and oversee trout management statewide. Working under the framework of the Strategic Plan for Trout Management, the strategic trout management team shall direct and implement focused management and monitoring efforts for trout at the watershed level, in cooperation with local stakeholders.
(b) The strategic trout management team shall be responsible for developing basin management plans that are conservation based and are consistent throughout California for inland watersheds.
(c) The basin plans in subdivision (b) shall be reviewed by an ad hoc peer review committee, which may be convened under the guidance of the department’s Science Institute to ensure compliance with sound management practices and utilization of the best available scientific information.
(Added by Stats. 2012, Ch. 565, Sec. 13. (SB 1148) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.3 - Black Bass Conservation and Management › Section 1741.

1741. The Legislature hereby finds and declares that it is the policy of the state to preserve and enhance black bass resources and to manage black bass populations to provide satisfactory recreational opportunities to the public.
(Added by Stats. 1980, Ch. 1302, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.3 - Black Bass Conservation and Management › Section 1742.

1742. The Legislature further finds and declares that the black bass management program components specified in this chapter are a continuation of the department’s existing warmwater fisheries program, and, as such, shall be funded from existing department budgetary resources.
(Added by Stats. 1980, Ch. 1302, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.3 - Black Bass Conservation and Management › Section 1743.

1743. (a) The department’s black bass management program shall include, but not be limited to, the following components:
(1) The department shall determine the angler harvest of black bass populations and shall recommend to the commission the changes in angling regulations for black bass that would be necessary to prevent or correct overharvest.
(2) The department shall consider recommending to the commission catch and release regulations for black bass, including minimum or maximum size restrictions and management for trophy-sized black bass in some waters.
(3) The department shall consider the suitability of the many different species, subspecies, and strains of black bass when management programs are formulated.
(4) The department shall improve shoreline habitat for black bass in waters where insufficient habitat exists and shall encourage reservoir operating agencies to carry out shoreline habitat improvement projects.
(b) For the purposes of this section, “black bass” means fishes of the Centrarchidae family.
(Added by Stats. 1980, Ch. 1302, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.4 - Department-Managed Lands › Section 1745.1.

1745.1. (a) Notwithstanding any other provision of this code, the department may lease department-managed lands for agricultural activities, including, but not limited to, grazing, where consistent with the purpose for which the lands were acquired and compatible with the department’s approved management plan for the area, if available.
(b) The moneys collected from agricultural leases entered into pursuant to subdivision (a) shall be deposited by the department into the Wildlife Restoration Fund or the Fish and Game Preservation Fund and, upon appropriation by the Legislature, may be used to support the management, maintenance, restoration, and operations of department-managed lands.
(Amended by Stats. 2021, Ch. 115, Sec. 8. (AB 148) Effective July 22, 2021.)
2023 California Code › Fish and Game Code - FGC › DIVISION 2 - DEPARTMENT OF FISH AND WILDLIFE › CHAPTER 7.4 - Department-Managed Lands › Section 1745.2.

1745.2. (a) The department shall do both of the following:
(1) Consider authorizing apiculture on department-managed wildlife areas, where deemed appropriate by the department.
(2) Determine, when developing or amending its land management plans, the following:
(A) If the department-managed wildlife areas, or any portion of those areas, are suitable for apiculture and whether apiculture is consistent with the management goals and objectives for those areas on a temporary, seasonal, or long-term basis.
(B) If the administration of apiculture on department-managed wildlife areas, where deemed appropriate by the department, is meeting the management goals and objectives for those areas.
(C) The appropriate fee and lease rent to be assessed for conducting apiculture on department-managed wildlife areas. The amount of the fee shall be sufficient to recover, but not exceed, all reasonable administrative and implementation costs of the department. The lease rent shall take into account whether the lease is a nonexclusive use of the land.
(b) The department, in implementing this section, may consult with apiculture experts, including, but not limited to, the Department of Food and Agriculture, the University of California, other academic or professional experts, and interested stakeholders, when considering authorizing apiculture on department-managed wildlife areas consistent with the respective management goals and objectives for those areas.
(c) Moneys collected for conducting apiculture on department-managed wildlife areas pursuant to subparagraph (C) of paragraph (2) of subdivision (a) shall be deposited by the department into the Wildlife Restoration Fund or the Fish and Game Preservation Fund and, upon appropriation by the Legislature, be used to support the management, maintenance, restoration, and operation of department-managed wildlife areas.
(d) The department may authorize the temporary placement of beehives on department-managed wildlife areas through simple lease or permit agreements specifying appropriate conditions. These agreements are not subject to competitive bidding requirements.
(e) The department may continue any authorization for apiculture on department-managed areas that it granted before January 1, 2015, without taking further action.
(Amended by Stats. 2021, Ch. 115, Sec. 9. (AB 148) Effective July 22, 2021.)