Article 1. Generally of California Fish And Game Code >> Division 2. >> Chapter 3. >> Article 1.
The department shall expend funds necessary for biological
research and field investigation and for the collection and diffusion
of statistics and information that pertain to the conservation,
propagation, protection, and perpetuation of birds and their nests
and eggs, and of mammals, reptiles, amphibians, and fish.
(a) The Legislature finds and declares all of the
(1) The commercial fishing industry of the North Coast has been
greatly affected by decisions made by federal and state agencies
concerning the health of the salmon resource and the consequent
shortening or closing of the season, further impacting the already
economically depressed region.
(2) Sportfishing on the North Coast, a staple of the tourism
industry of the region, could be substantially affected by the
limitations of the salmon seasons.
(3) The method of determining salmon escapement counts on only the
Klamath River is inadequate for determining the overall health of
the salmon resource in northern California waters and consequent
decisions regarding the commercial, sport, and Indian salmon
fisheries in those waters because it does not take into consideration
the escapement figures on the Eel River and the Smith River.
(b) The department shall use present assessment methods to assess
the salmon escapement count on the Eel River and the Smith River, as
well as the Klamath River, systems, employing out-of-work fishermen,
where possible, to do the counts with department personnel in
supervisory capacities. Those figures shall be used by the commission
and the department in all reports, recommendations, and decisions
concerning the establishment of the commercial and sportfishing
seasons in the state waters and in all recommendations to the Pacific
Fishery Management Council or other regulatory agencies. This
program shall be a priority for funding under the Fisheries
Restoration Act of 1985 (Chapter 8 (commencing with Section 2760)
added to Division 3 of the Fish and Game Code by Senate Bill No. 400
of the 1985-86 Regular Session).
(c) The department shall install sonar fish counting devices on
the Klamath River system as a three-year test program to determine
the accuracy of the devices, and shall make recommendations to the
Legislature by January 1, 1990, as to their accuracy and whether they
should be installed on other river systems. Present assessment
methods shall continue on the Klamath River system during the test
period as a control mechanism.
Nothing in this code or any other law shall prohibit the
department from taking, for scientific, propagation, public health or
safety, prevention or relief of suffering, or law enforcement
purposes, fish, amphibians, reptiles, mammals, birds, and the nests
and eggs thereof, or any other form of plant or animal life.
(a) The department may issue permits, subject to restrictions
and regulations that the department determines are desirable, to
take or possess, in any part of the state, for scientific,
educational, or propagation purposes, mammals, birds and the nests
and eggs thereof, fish, amphibians, reptiles, or any other form of
plant or animal life.
(b) The department may issue a permit that is valid for 36 months
from the date of issuance on the payment of a nonrefundable
application fee of one hundred dollars ($100) and a permit fee of
three hundred dollars ($300), as adjusted under Section 713.
(c) Notwithstanding subdivision (b), the department may issue a
permit without fee that is valid for 12 months from the date of
issuance to authorize only the banding of birds and the exhibition of
live or dead wildlife specimens by public zoological gardens,
scientific, or educational institutions.
(d) (1) The department may issue a special student permit that is
valid for 12 months from the date of issuance on the payment of a
nonrefundable application fee of twenty-five dollars ($25) and a
permit fee of fifty dollars ($50), as adjusted under Section 713, to
any student in a school of collegiate level or a commercial fishing
class who is required by an instructor to collect specimens used in
laboratory work in the school under supervision and in connection
with a course in wildlife research or in the conduct of wildlife
investigations and studies on behalf of the public.
(2) All fish taken under permit for a commercial fishing class
student shall be taken in accordance with state law, except that
Sections 7850, 7880, and 7881 do not apply. All fish taken under a
permit for a commercial fishing class student may be sold only to a
person licensed to receive fish from commercial fishermen as provided
in Section 8032 or 8033 or donated to a charitable institution. All
funds received from the sale of the fish shall be used solely for the
support of commercial fishing classes.
(e) It is not necessary for the holder of the permit to have a
sport fishing or hunting license to collect any fish, amphibian,
reptile, aquatic animal or plant, bird, or mammal for scientific,
educational, or propagation purposes in this state.
(f) Nothing in this section authorizes any act which violates
Section 597 of the Penal Code.
(g) A permit under this section does not authorize the taking of
fish or mammals from the ocean waters of this state which are within
the boundaries of any city if the city has filed with the department
an objection to the taking.
(h) The adjustment of the nonrefundable application fee and permit
fees pursuant to Section 713 that are specified in subdivisions (b)
and (d) shall be applicable to permits issued on or after January 1,
(i) The department, by regulation, may adjust the amount of the
fees specified in subdivisions (b) and (d) as necessary to fully
recover, but not exceed, all reasonable administrative and
implementation costs of the department relating to those permits.
(j) No permit under this section is required for species listed as
threatened or endangered pursuant to the California Endangered
Species Act, when an entity holds a valid permit or memorandum of
understanding for the subject species and the proposed activities,
issued pursuant to Section 2081.
(k) No permit under this section is required for fully protected
species listed in Section 3511, 4700, 5050, or 5515 if the entity
holds a valid memorandum of understanding issued by the department
for the subject species and proposed activities, in accordance with
the respective section.
(l) A permit or amendment issued pursuant to Section 1002 is not
transferable between individuals or entities.
(m) If a permitholder fails to submit information or reports
required in a permit, the department shall revoke an existing permit,
and may decline to issue a permit to that person or entity in
(a) The department may issue a permit pursuant to Section
1002 to an appropriate public, private, or nonprofit entity, or a
person, as determined by the department, in the name of a principal
scientific investigator or the permitted entity or person.
(b) The department may approve individual temporary employees or
volunteers to work under the permit, after receiving notification
from the permittee. The permittee shall have adequate supervision
over any temporary employees or volunteers approved to work under the
(c) A permittee that allows a temporary employee or volunteer to
work under a permit without approval from the department in
accordance with this section is subject to Section 12000.
(d) The department shall charge a fee pursuant to subdivision (b)
of Section 1002 for the issuance of a permit authorized by this
section. If the department determines that the costs to issue a
permit authorized by this section are greater than the costs to issue
a permit pursuant to Section 1002, the department may charge a
permit fee in an amount that is greater than the amount imposed by
subdivision (b) of Section 1002 to recover those additional costs.
(e) The department may amend a permit issued under this section,
including, but not limited to, the addition or removal of individual
temporary employees or volunteers working under the permit, on the
payment of a nonrefundable application fee of one hundred dollars
($100), as adjusted under Section 713 or regulations adopted by the
Mammals, birds and their nests and eggs, fish and their eggs,
reptiles, amphibians, mollusks, crustaceans, or any other form of
plant or animal life taken under the provisions of a scientific or
propagation permit issued pursuant to Section 1002 may be shipped or
transported anywhere within or without the state if prior written
approval is obtained from the department and the shipment is
accompanied by the name, address, and permit number of the person
holding the scientific or propagation permit.
The department may capture and sell birds and mammals, at
prices to be fixed by the commission, to persons engaged in the
domestication and sale thereof in this State.
For the purpose of exhibiting fish and game educational
material at fairs or sportsmen's shows and making other public
displays, and to make conservation educational materials on fish and
game available for any public use, including fairs, sportsmen's
shows, schools, and civic organizations, the department may:
(a) Accept on behalf of the State donations of money and services
from any person to defray such expenses as may be incurred by the
department in connection therewith.
(b) Charge admissions or make a charge for the use of any
departmental material or exhibits to be used in a fair, sportsmen's
show, or by a civic organization.
Notwithstanding Section 11005 of the Government Code, the
department may accept gifts of personal property if the donor is a
county of the state and the gift is purchased with fine money derived
from fish and game violations. The department shall notify the
Department of Finance 30 days in advance of accepting these gifts.
The department may inspect the following:
(a) All boats, markets, stores and other buildings, except
dwellings, and all receptacles, except the clothing actually worn by
a person at the time of inspection, where birds, mammals, fish,
reptiles, or amphibia may be stored, placed, or held for sale or
(b) All boxes and packages containing birds, mammals, fish,
reptiles, or amphibia which are held for transportation by any common
The department may import, propagate, and distribute birds,
mammals, or fish.
The department shall investigate all diseases of, and
problems relating to, birds, mammals, or fish, and establish and
maintain laboratories to assist in such investigation.
The department may obtain for the State rights of way over
private lands for the purpose of furnishing access for the public to
lands or waters open to public hunting or fishing whenever such
rights of way are determined by the commission to be necessary for
such public use. Such rights of way shall not be acquired by eminent
The department may construct or cause to be constructed such
fences, signs, and other structures as are necessary for the
protection of any such right of way, and the cost of the construction
shall be met out of the funds available to the department.
The department, by and with the approval of the Department of
General Services, may sell grazing permits or otherwise dispose of
excess vegetation or other products, produced on lands acquired by
(a) The department may procure insurance for any of the
(1) For itself and landowners who agree to permit the department
to use their land as cooperative hunting, fishing, conservation or
recreational areas, against any liability resulting from the
operation of those hunting, fishing, conservation or recreational
(2) For its employees or other persons authorized by the
department to conduct hunter education training courses against any
public liability or property damage resulting from that training.
(b) The cost of insurance procured pursuant to subdivision (a)
shall be a proper charge against and shall be paid out of the Fish
and Game Preservation Fund.
The department may procure insurance for its employees for
injury or death against the liability of the owner or operator of any
vessel boarded by an employee as an observer.
In any lease, easement, or right-of-way entered into whereby
the department leases real property or obtains a grant of easement or
right-of-way in real property for the purpose of constructing,
operating, or maintaining a fish screen, fish ladder, fishweir, or
fishtrap, the department may agree to indemnify and hold harmless the
lessor or grantor by reason of the uses authorized by such lease,
easement, or right-of-way. Insurance may be purchased by the
Department of General Services to protect the department against loss
or expense arising out of such a lease, easement, or right-of-way.
If the Department of Parks and Recreation contracts with the
federal government pursuant to Public Law 89-161 for the
administration of recreation development or fish and wildlife
enhancement facilities, as authorized by Section 5006.6 of the Public
Resources Code, the Department of Fish and Wildlife is authorized to
operate, maintain, and replace those facilities designated as fish
and wildlife enhancement facilities and to assume all costs of that
operation, maintenance, and replacement, subject to appropriation of
funds by the Legislature.
Whenever the department is required, or provided an
opportunity, to assess the adequacy of a project or to provide a
detailed environmental impact statement or similar document pursuant
to Public Law 91-190 or Section 21100, 21101, or 21102 of the Public
Resources Code, or any other provision of law, it shall determine the
extent to which salmon and steelhead resources will be protected
from damage by the project in question, together with the extent to
which the agency or person preparing the plans for such project has
incorporated therein plans for increasing the salmon or steelhead
resources of this state. To the fullest practicable extent, the
department shall advise the commission at one of its regular
scheduled meetings of the state's comments on the project. In no
event shall more than one regular commission meeting transpire
between the time the department renders comments to the requesting
person or agency and the time it reports its findings to the
(a) Whenever the department determines that an oil sump, as
defined by Section 3780 of the Public Resources Code, is hazardous to
wildlife, but does not constitute an immediate and grave danger to
wildlife, the department shall forthwith notify the State Oil and Gas
Supervisor of such condition in order that he may take action
pursuant to Section 3783 of the Public Resources Code to have such
condition cleaned up or abated. The department in making such
notification shall specify the hazardous conditions.
(b) Whenever the department determines that an oil sump, as
defined by Section 3780 of the Public Resources Code, constitutes an
immediate and grave danger to wildlife, the department shall
forthwith notify the State Oil and Gas Supervisor of such condition
in order that he may take action pursuant to Section 3784 of the
Public Resources Code to have such condition cleaned up or abated.
The department, in making such notification, shall specify the
immediate and grave danger.
(c) The commission shall promulgate such rules and regulations as
are necessary to implement the provisions of this section, including
a reasonable definition of the term "hazardous" for the purposes of
this section. It is the intent of the Legislature that the department
adopt, as a part of such rules and regulations, a definition of the
term "wildlife," as herein employed, which will provide for
reasonable exclusions consistent with effectuating the wildlife
protection purposes of this section.
(d) No provision of this section shall be construed as a
limitation on the authority or responsibilities of the department
with respect to the enforcement or administration of any provision of
state law which it is authorized or required to enforce or
(a) It is the policy of the state to anticipate and resolve
potential conflicts between the management, conservation, and
protection of fish and wildlife resources and their habitat and
private and public activities that may affect them.
(b) Accordingly, the department may use such informal consultative
procedures prior to taking any formal action as will assist in the
achievement of this policy.
(c) Any costs incurred by the department in engaging in informal
consultative procedures, including, but not limited to, fees charged
by any neutral party acting in the capacity of a mediator, discussion
facilitator, or convener, are a proper charge against any funds
lawfully available to the department for this purpose.
(d) The authority conferred by this section is not intended, and
shall not be construed, to increase, decrease, duplicate, or
supersede any other authority of the department or the commission
under this code or any other provision of law.
(e) As used in this section, "formal action" means the adoption,
amendment, or repeal of any rule, regulation, or order; entering
into, amending, or canceling an agreement; and the issuance,
suspension, or revocation of any permit, license, or other
The director shall use the department's resources, to the
fullest extent feasible, to coordinate with the federal government to
promote the preservation of species, including species listed as
endangered species or threatened species under the federal Endangered
Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California
Endangered Species Act, Chapter 1.5 (commencing with Section 2050)
of Division 3, and their habitats within the locale of Isabella Dam
and Reservoir in Kern County in order to facilitate the continued
operation of those facilities for flood control and water
conservation storage as authorized by Congress and as provided in an
agreement, dated October 23, 1964, among the United States and
various local public agencies.
Nothing in this section is intended to amend, modify, or alter in
any manner the intent of the California Endangered Species Act.
(a) Subject to an appropriation of funds by the Legislature
for that purpose, for parcels wholly within its jurisdiction acquired
on or after January 1, 2002, the department shall prepare draft
management plans for public review within 18 months of the
(b) (1) On or before February 1 of each year, the department shall
submit a list of lands acquired during the previous two fiscal years
and the status of the management plans for each acquisition to the
fiscal committees of each house of the Legislature.
(2) Each fiscal committee in the Legislature shall consider the
lists described in paragraph (1) in its budget decisions for the
(a) The department and the commission shall develop a
strategic plan to implement proposals arising from any of the
(1) The strategic vision developed and submitted to the Governor
and the Legislature pursuant to Section 12805.3 of the Government
(2) Any legislation enacted relating to the strategic vision
(3) The department's own proposals for reform.
(b) (1) The department and the commission may contract for
consultants to assist in the preparation of the strategic plan
pursuant to subdivision (a).
(2) Contracts entered into pursuant to paragraph (1) shall
terminate no later than December 31, 2015.
(3) Contracts entered into pursuant to paragraph (1) shall be
exempt from Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code.
(a) The department may take feasible actions to conserve
monarch butterflies and the unique habitats they depend upon for
successful migration. These actions may include, but are not limited
to, habitat restoration on department lands, education programs, and
voluntary agreements with private landowners.
(b) The department may partner with federal agencies, nonprofit
organizations, academic programs, private landowners, and other
entities that undertake actions to conserve monarch butterflies and
aid their successful migration, including the Monarch Joint Venture.
(c) When undertaking actions to conserve monarch butterflies and
their habitats pursuant to this section, the department shall use the
best available science and consider, as appropriate and feasible,
all of the following:
(1) Restoring or revegetating monarch caterpillar habitat using
regionally or locally appropriate native milkweed species.
(2) Restoring or revegetating adult monarch butterfly habitat
using regionally or locally appropriate native nectar plant species.
(3) Controlling nonnative weed species that threaten native
milkweed species, and controlling pests and disease, using current
best management practices consistent with integrated pest management
principles that pose low risk to monarch butterflies and their
(4) Incorporating diverse tree species, structures, and
arrangements when restoring or establishing winter habitat sites to
match monarch butterfly preferences for temperature, light, moisture,
wind, and other microclimate characteristics.
(5) Increasing the number of partnerships and making the most of
partnerships to use residential and institutional landscaped areas,
agricultural noncropped lands, transportation corridors, and
conservation easements to create, restore, or enhance monarch
(d) The fact that a project applicant or landowner does not enter
into a voluntary agreement to protect monarch butterflies shall not
be grounds for denying a permit or agreement or requiring additional
mitigation beyond what would be required to mitigate project impacts
under other applicable laws, including, but not limited to, the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).