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Chapter 1. General Definitions of California Fish And Game Code >> Division 0.5. >> Chapter 1.
This code shall be known as the Fish and Game Code.
Unless the provisions or the context otherwise requires, the
definitions in this chapter govern the construction of this code and
all regulations adopted under this code.
The provisions of this code, insofar as they are substantially
the same as existing statutory provisions relating to the same
subject matter, shall be construed as restatements and continuations
thereof, and not as new enactments. This code shall not impair any
privilege granted or right acquired under any of the laws of this
State prior to the date it takes effect.
Division, part, chapter, article, and section headings do not in
any manner affect the scope, meaning, or intent of the provisions of
this code.
Whenever reference is made to any portion of this code or of any
other law of this State, the reference applies to all amendments and
additions heretofore or hereafter made.
Whenever a power is granted to, or duty is imposed upon, a
public officer, the power may be exercised or the duty may be
performed by a deputy of the officer or by a person authorized,
pursuant to law, by the officer, unless this code expressly provides
otherwise.
Whenever a statement or report is required to be made, it shall
be made in the English language. Nothing in this section shall
prohibit the department from providing an unofficial translation of a
statement or report in a language other than English.
The present tense includes the past and future tenses, and the
future, the present.
The masculine gender includes the feminine and the neuter.
The singular number includes the plural, and the plural, the
singular.
Whenever in this code the doing of an act between certain dates
or from one date to another is allowed or prohibited, the period of
time thereby indicated includes both dates specified. The first date
specified designates the first day of the period, and the second day
specified designates the last day of the period. No period of time
specified in this code exceeds one year unless otherwise expressly
provided.
Wherever the term "Fish Commission Fund" or "Game Preservation
Fund" appears in any law, it means "Fish and Game Preservation Fund."
Unless otherwise specified by statute, any notice or other
written communication required to be sent to any person by this code
or regulations adopted pursuant thereto, is sufficient notice if sent
by first-class mail to the last address furnished to the department
by that person.
"Adaptive management," unless otherwise specified in this
code, means management that improves the management of biological
resources over time by using new information gathered through
monitoring, evaluation, and other credible sources as they become
available, and adjusts management strategies and practices to assist
in meeting conservation and management goals. Under adaptive
management, program actions are viewed as tools for learning to
inform future actions.
"Anadromous fish" means fish which spawn in fresh water and
spend a portion of their lives in the ocean.
"Angling" means the taking of, or attempting to take, fish by
hook and line with the line held in the hand, or by hook and line
with the line attached to a pole or rod which is closely attended or
held in the hand in such a manner that the fish voluntarily takes the
bait or lure in its mouth.
"Affix" means physically attached to or imprinting an
electronic validation to a license document.
"Aquaculture" means that form of agriculture devoted to the
propagation, cultivation, maintenance, and harvesting of aquatic
plants and animals in marine, brackish, and fresh water. "Aquaculture"
does not include species of ornamental marine or freshwater plants
and animals not utilized for human consumption or bait purposes that
are maintained in closed systems for personal, pet industry, or hobby
purposes, however, these species continue to be regulated under
Chapter 2 (commencing with Section 2116) of Division 3.
"Bag limit" means the maximum limit, in number or amount, of
birds, mammals, fish, reptiles, or amphibians that may lawfully be
taken by any one person during a specified period of time.
"Possession limit" means the maximum, in number or amount, of
birds, mammals, fish, reptiles, or amphibians that may be lawfully
possessed by one person.
"Bird" means a wild bird or part of a wild bird.
"Buy" includes an offer to buy, purchase, barter, exchange, or
trade.
"Chumming" means the placing in the water of fish, or other
material upon which fish feed, for the purpose of attracting fish to
a particular area in order that they may be taken.
"Closed season" means that period of time during which the
taking of birds, mammals, fish, amphibians, or reptiles is
prohibited.
"Commission" means the Fish and Game Commission, and
"commissioner" means a member of the Fish and Game Commission.
"County" includes city and county.
"Credible science" means the best available scientific
information that is not overly prescriptive due to the dynamic nature
of science, and includes the evaluation principles of relevance,
inclusiveness, objectivity, transparency, timeliness, verification,
validation, and peer review of information as appropriate. Credible
science also recognizes the need for adaptive management, as defined
in Section 13.5, as scientific knowledge evolves.
"Day" means calendar day, and "week" means calendar week.
"Department" means the Department of Fish and Wildlife.
"Director" means the Director of Fish and Wildlife.
"District" means fish and game district.
"Ecosystem-based management" means an environmental management
approach relying on credible science, as defined in Section 33, that
recognizes the full array of interactions within an ecosystem,
including humans, rather than considering single issues, species, or
ecosystem services in isolation.
"Fish" means a wild fish, mollusk, crustacean, invertebrate,
amphibian, or part, spawn, or ovum of any of those animals.
"Guide boat" means a boat or vessel under 25 feet in length,
which is used by a guide, who is licensed under Chapter 5 (commencing
with Section 2535) of Division 3, in inland waters for any of the
following purposes:
(1) For the business of packing or guiding.
(2) For compensation, to assist another person in taking or attempting to take any fish or amphibian.
(3) For compensation, to assist another person in locating any bird or mammal.
(1) For the business of packing or guiding.
(2) For compensation, to assist another person in taking or attempting to take any fish or amphibian.
(3) For compensation, to assist another person in locating any bird or mammal.
"Hook" or "fishhook" means an implement to catch or hold fish
or amphibia. "Single hook" means any hook with one point and with or
without a barb; "double hook" means any hook with two points and with
or without barbs; "treble or triple hook" means any hook with three
points and with or without barbs. "Snag" or "gaff" hooks are hooks
with or without handles used to take fish in such manner that the
fish does not take the hook voluntarily in its mouth.
"Kelp" means kelp or other marine aquatic plants and the seeds
thereof.
"Mammal" means a wild or feral mammal or part of a wild or
feral animal, but not a wild, feral, or undomesticated burro.
"Marine finfish aquaculture" means the propagation,
cultivation, or maintenance of finfish species in the waters of the
Pacific Ocean that are regulated by this state.
"Mile" means either a statute mile (5,280 feet) or a nautical
mile (6,077 feet) depending on the application. Statute miles shall
be the unit of measurement for all land masses, rivers, streams,
creeks, and inland bodies of water. Nautical miles shall be the unit
of measurement for all marine waters.
"Net" means any gear made of any kind of twine, thread, string,
rope, wire, wood, or other materials used for the gilling,
entangling, trapping, or impounding of fish.
"Nonresident" means a person who is not a resident as defined
in Section 70.
"Oath" includes affirmation.
"Ocean ranching" means aquaculture where juvenile anadromous
fish are reared and released into state waters to grow and return to
an aquaculture facility to be harvested commercially.
"Open season" means that period of time during which the taking
of birds, mammals, fish, reptiles, or amphibians is allowed as
prescribed in this code and regulations adopted by the commission. If
used to define the period of time during which take is allowed
"season" means "open season."
"Order," "rule," and "regulation" are used interchangeably and
each includes the others.
"Person" means any natural person or any partnership,
corporation, limited liability company, trust, or other type of
association.
"Purchase" means "buy" as defined in Section 24.
"Resident" means any person who has resided continuously in the
State of California for six months or more immediately prior to the
date of his application for a license or permit, any person on active
military duty with the Armed Forces of the United States or
auxiliary branch thereof, or any person enrolled in the Job Corps
established pursuant to Section 2883 of Title 29 of the United States
Code.
"Section" means a section of this code unless some other
statute is specifically mentioned. "Subdivision" means a subdivision
of the section in which that term occurs unless some other section is
expressly mentioned.
"Sell" includes offer or possess for sale, barter, exchange, or
trade.
"Shall" is mandatory and "may" is permissive.
Unless the provision or context otherwise requires, a provision
of this code that applies to a whole animal also applies to a part
of the animal.
"Signature" or "subscription" includes mark when the signer or
subscriber cannot write, such signer's or subscriber's name being
written near the mark by a witness who writes his own name near the
signer's or subscriber's name; but a signature or subscription by
mark can be acknowledged or can serve as a signature or subscription
to a sworn statement only when two witnesses also sign their own
names.
"Slurp gun" means a self-contained, hand-held device used to
capture fish by rapidly drawing water containing fish into a closed
chamber.
"State" means the State of California, unless applied to the
different parts of the United States. In the latter case, it includes
the District of Columbia and the territories.
"Take" means hunt, pursue, catch, capture, or kill, or attempt
to hunt, pursue, catch, capture, or kill.
"Transport" includes offer or receive for transportation.
For the purposes of this code, "recycled water" or "reclaimed
water" has the same meaning as recycled water as defined in
subdivision (n) of Section 13050 of the Water Code.
"Waters of the state," "waters of this state," and "state
waters" have the same meaning as "waters of the state" as defined in
subdivision (e) of Section 13050 of the Water Code.
"Wildlife" means and includes all wild animals, birds,
plants, fish, amphibians, reptiles, and related ecological
communities, including the habitat upon which the wildlife depends
for its continued viability.
