Article 1. Generally of California Fish And Game Code >> Division 2. >> Chapter 5. >> Article 1.
The department may, with the approval of the commission and
the Department of General Services, exchange any portion of the
property lying within the boundaries of any area or range referred to
in this section for any property within or contiguous to such area
or range or may sell any portion of the property within such
boundaries and with the proceeds thereof acquire any property within
or contiguous to such area or range; provided, that no exchange or
sale of property authorized in this section shall materially reduce
the total area of any range or area referred to in this section. A
copy of each deed of conveyance executed and delivered by the
department, and of each deed conveying lands to the state, pursuant
to this section shall be delivered to the State Lands Commission.
The provisions of this section apply to all of the following:
(a) The Doyle Deer Winter Range, located in Lassen County.
(b) The Tehama Deer Winter Range, located in Tehama County.
(c) The Honey Lake Waterfowl Management Area, located in Lassen
(d) The Imperial Waterfowl Management Area, located in Imperial
(e) The Mendota Waterfowl Management Area, located in Fresno
(f) The San Jacinto Wildlife Area, located in Riverside County.
(g) The Lakes Earl/Talawa Wildlife Area, located in Del Norte
(h) The Santa Rosa Mountains Bighorn Sheep Reserve, located in
(i) The Camp Cady Wildlife Area, located in San Bernardino County.
(j) The Butte Valley Wildlife Area, located in Siskiyou County.
(k) The Ash Creek Wildlife Area, located in Lassen and Modoc
(l) The Moss Landing Wildlife Area, located in Monterey County.
With respect to exchanging or selling any property pursuant
to Section 1500, the director, with respect to any parcel containing
15 acres or less, shall except and reserve to the state all mineral
deposits, as defined in Section 6407 of the Public Resources Code,
below a depth of 500 feet, without surface rights of entry. As to any
parcel containing more than 15 acres, the director shall except and
reserve to the state all mineral deposits, as defined in Section 6407
of the Public Resources Code, together with the right to prospect
for, mine, and remove the deposits.
The rights to prospect for, mine, and remove shall be limited to
those areas of the property conveyed which the director, after
consultation with the State Lands Commission, determines to be
reasonably necessary for the removal of the resources and deposits.
The department may expend such funds as may be necessary for
the improvement of property, including nonnavigable lakes and
streams, riparian zones, and upland, in order to restore,
rehabilitate, and improve fish and wildlife habitat. The improvement
activities may include, but are not limited to, the removal of
barriers to migration of fish and wildlife and the improvement of
hatching, feeding, resting, and breeding places for wildlife.
The department may undertake the services and habitat improvement
work on private, public, and public trust lands without the state
acquiring an interest in the property.
(a) The department may enter into contracts for fish and
wildlife habitat preservation, restoration, and enhancement with
public and private entities whenever the department finds that the
contracts will assist in meeting the department's duty to preserve,
protect, and restore fish and wildlife.
(b) The department may grant funds for fish and wildlife habitat
preservation, restoration, and enhancement to public agencies, Indian
tribes, and nonprofit entities whenever the department finds that
the grants will assist it in meeting its duty to preserve, protect,
and restore fish and wildlife.
(c) Contracts authorized under this section are contracts for
services and are governed by Article 4 (commencing with Section
10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract
Code. No work under this section is public work or a public
improvement, and is not subject to Chapter 1 (commencing with Section
1720) of Part 7 of Division 2 of the Labor Code.
(d) This section does not apply to contracts for any of the
(1) Construction of office, storage, garage, or maintenance
(2) Drilling wells and installation of pumping equipment.
(3) Construction of permanent hatchery facilities, including
raceways, water systems, and bird exclosures.
(4) Construction of permanent surfaced roadways and bridges.
(5) Any project requiring engineered design or certification by a
(6) Any contract, except contracts with public agencies, nonprofit
organizations, or Indian tribes that exceed fifty thousand dollars
($50,000) in cost, excluding the cost for gravel, for fish and
wildlife habitat preservation, restoration, and enhancement for any
one of the following:
(A) Fish screens, weirs, and ladders.
(B) Drainage or other watershed improvements.
(C) Gravel and rock removal or placement.
(D) Irrigation and water distribution systems.
(E) Earthwork and grading.
(G) Planting trees or other habitat vegetation.
(H) Construction of temporary storage buildings.
The department, in accordance with policies established by
the commission, may provide for the feeding of game birds, mammals,
or fish at such times as natural foods therefor are not available,
and may provide suitable area or areas for such feeding, and may for
those purposes expend such money as is necessary from the Fish and
Game Preservation Fund.
The department shall provide for the feeding of deer wherever
the director finds that natural forage is unavailable therefor due
to excessive snow. The times, extent, and manner of such feeding
shall be prescribed by the director. In carrying out the provisions
of this section neither the department nor the director shall be
bound by any policy determination or regulation of the commission, it
being the purpose of this section to commit to the independent
discretion of the director all matters within the purview of this
No deer shall be fed pursuant to this section upon any privately
owned land without the consent of the owner or person in lawful
possession of such land.
(a) When income is derived directly from real property
acquired and operated by the state as a wildlife management area, and
regardless of whether income is derived from property acquired after
October 1, 1949, the department may pay annually to the county in
which the property is located an amount equal to the county taxes
levied upon the property at the time title to the property was
transferred to the state. The department may also pay the assessments
levied upon the property by any irrigation, drainage, or reclamation
(b) Any delinquent penalties or interest applicable to any of
those assessments made before September 9, 1953, are hereby canceled
and shall be waived.
(c) Payments provided by this section shall only be made from
funds that are appropriated to the department for the purposes of
(d) As used in this section, the term "wildlife management area"
includes waterfowl management areas, deer ranges, upland game bird
management areas, and public shooting grounds.
(e) Any payment made under this section shall be made on or before
December 10 of each year, with the exception of newly acquired
property for which payments shall be made pursuant to subdivision
(f) Any payments made for the purposes of this section shall be
made within one year of the date title to the property was
transferred to the state, or within 90 days from the date of
designation as a wildlife management area, whichever occurs first,
prorated for the balance of the year from the date of designation as
a wildlife management area to the 30th day of June following the date
of designation as a wildlife management area, and, thereafter,
payments shall be made on or before December 10 of each year.
(g) Notwithstanding any other law, payments provided under this
section shall not be allocated to a school district, a community
college district, or a county superintendent of schools.
(a) The department may manage, control, and protect the
portions of the following spawning areas that occupy state-owned
lands, to the extent necessary to protect fishlife in these areas:
(1) The Sacramento River between Keswick and Squaw Hill Bridge,
(2) The Feather River between Oroville and the mouth of Honcut
(3) The Yuba River between Englebright Dam and a point
approximately four miles east of Marysville.
(4) The American River between Nimbus Dam and a point one mile
downstream from Arden Way.
(5) The Mokelumne River between Pardee Dam and Lockeford.
(6) The Stanislaus River between Goodwin Dam and Riverbank.
(7) The Tuolumne River between La Grange Dam and the Geer Road
(8) The Merced River between Crocker Huffman Dam and Cressey.
(9) The Trinity River between Lewiston Dam and the confluence of
the North Fork Trinity, near Helena.
(10) The Eel River, from Fort Seward to Lake Pillsbury.
(11) The South Fork Eel River.
(12) The Middle Fork Smith River, from its mouth to Knopti Creek.
(13) The South Fork Smith River, from its mouth to Harrington
(14) The Salmon River, from its mouth to Rush Creek on the South
Fork Salmon River, to Carter Meadow on the east fork of the South
Fork Salmon River, and to Finley Camp on the North Fork Salmon River.
(15) Battle Creek, from its mouth to Coleman Powerhouse.
(16) The Cosumnes River, from Meiss Road Bridge to Latrobe Road
(17) The Van Duzen River, from Yager Creek to the falls 1 1/2
miles above Bloody Run Creek.
(18) The Mad River, from Blue Lake Bridge to Bug Creek.
(19) The Middle Fork Eel River.
(20) The Mattole River.
(21) The Noyo River.
(22) The Big River, Mendocino County.
(23) The Gualala River.
(24) The Garcia River, Mendocino County.
(b) In the event of a conflict between an action of the department
pursuant to this section and the action of another department or
agency of the state or another public agency, the action of the
Department of Fish and Wildlife taken pursuant to this section shall
prevail, except in the event of conflict with the following actions:
(1) An action of the state or regional water quality control
boards in establishing waste discharge requirements.
(2) An action required for commerce and navigation.
(3) An action by a public agency that is reasonably necessary for
bridge crossings, water conservation or utilization, or flood
protection projects, including the construction, maintenance, and
operation thereof. This paragraph shall not apply to the depositing
of materials, other than necessary structural materials, in, or the
removing of materials from the streambeds in the areas designated in
this section, other than as necessary for the installation of
(c) The director shall disapprove a stream alteration of a prime
salmon or steelhead spawning area on land of which ownership has not
been legally determined, when in the director's opinion the
alteration would prove deleterious to fishlife.
(a) For purposes of this section, the following definitions
(1) "Managed wetland habitat" means artificially irrigated and
intensively managed wetland habitat administered primarily for the
benefit of waterfowl and other wetland-dependent species.
(2) "Best management practices" means management strategies
jointly developed by the department, the State Department of Public
Health, and mosquito abatement and vector control districts, in
consultation with the Central Valley Habitat Joint Venture, for the
ecological control of mosquitoes on managed wetland habitat.
(3) "Wildlife management area" has the same meaning as set forth
in subdivision (d) of Section 1504.
(4) "Mosquito abatement and vector control district" has the same
meaning as set forth in subdivision (f) of Section 2002 of the Health
and Safety Code.
(b) (1) A mosquito abatement and vector control district whose
district boundaries include one or more wildlife management areas or
a mosquito abatement and vector control district in which vectors and
vectorborne diseases from a wildlife management area may enter the
district shall periodically, or at least semiannually, notify the
department of those areas that are of concern due to the potential
for high mosquito populations that may incur associated mosquito
(2) (A) To reduce mosquito production at those wildlife management
areas described in paragraph (1), the department shall consult with
local mosquito abatement and vector control districts to identify
those areas within wildlife management areas having the highest need
for additional mosquito reduction through the implementation of best
(B) If the wetland occupies land outside the jurisdictional
boundaries of a mosquito abatement and vector control district, the
department may consult with the State Department of Public Health to
determine which best management practices can be implemented in the
absence of an organized local mosquito control program.
(c) This section does not affect existing authority of a mosquito
abatement and vector control district under Section 2040 of the
Health and Safety Code.