Article 2. Wildlife Management Areas And Game Farms of California Fish And Game Code >> Division 2. >> Chapter 5. >> Article 2.
For the purposes of propagating, feeding and protecting
birds, mammals, and fish, and establishing wildlife management areas
or public shooting grounds the department, with the approval of the
commission, may do all of the following:
(a) Accept, on behalf of the state, donations of birds, mammals,
and fish, and of money given or appropriated. Those donations shall
be used for the purposes for which they are accepted, and, as nearly
as may be, for any purpose indicated by the donor.
(b) Acquire, by purchase, lease, rental or otherwise, and occupy,
develop, maintain, use and administer, land, or land and nonmarine
water, or land and nonmarine water rights, suitable for state game
farms, wildlife management areas, or public shooting grounds.
Any property acquired for wildlife management areas or public
shooting grounds shall be acquired in the name of the State, and
shall, at all times, be subject to such rules and regulations as may
be prescribed from time to time by the commission for the occupation,
use, operation, protection, and administration of such property as
wildlife management areas or public shooting grounds.
(a) The department, upon request of the leaseholder, shall
extend any existing lease for a recreational homesite on Lower
Sherman Island to the holder of any lease of lands under the control
of the department, under the following conditions:
(1) The existing lease is between the department and an individual
person, partnership, or any affiliated group of two or more persons.
(2) Subject to subdivision (e), the lease may be extended for the
natural life of the person who is the leaseholder on January 1, 1991.
With respect to any lease to an affiliated group or an association
of persons, the lease shall expire upon the death of the last
individual who is a leaseholder on January 1, 1991.
(3) The lease, or any interest therein, may not be transferred,
bequeathed, hypothecated, encumbered, sublet, assigned, sold,
alienated, exchanged, or otherwise changed to the benefit of another
party. The leaseholder shall annually certify to the department that
he or she has not transferred, bequested, hypothecated, encumbered,
sublet, assigned, sold, alienated, or exchanged the lease for
consideration or by gift, or otherwise.
(4) If a lease is violated or breached by the leaseholder at any
time during the life of the leaseholder, the lease may be terminated
by the department within 30 days of the receipt by the department of
actual or constructive notice of the breach.
(b) All leases entered into pursuant to this section shall include
(1) A requirement for public access to navigable waters adjacent
to the lease properties.
(2) A provision prohibiting the introduction and cultivation of
exotic plant species and requiring existing exotic plant species to
be removed according to a plan developed by the department.
(3) A provision establishing the right of the department and
county employees to inspect the property for the purposes of
monitoring and enforcing the conditions of the lease.
(4) A provision requiring the lessee, within 60 days after the
lease is extended, and annually thereafter, to provide the department
with proof that (A) the lessee will remove the buildings and all
ancillary structures and facilities necessary to return the area to a
natural condition, or (B) the lessee has made arrangements for the
removal of the buildings and all ancillary structures and facilities
necessary to return the area to a natural condition, upon termination
of the lease.
(c) The department shall develop a plan for the removal of
nonnative plants from the island. The plan shall include, at a
minimum, the following:
(1) The type and location of nonnative plants.
(2) The relative threat that these plants pose to the natural
environment of the island.
(3) A time schedule for the leaseholders to remove the nonnative
plants within 200 yards of the leaseholders' structures.
(d) Proceeds from the leases of lands under the control of the
department on Lower Sherman Island shall be deposited in the Fish and
Game Preservation Fund and used for the purpose of enforcing and
monitoring those lease terms and managing the Lower Sherman Island
(e) The department shall, on or before July 31, 1991, and annually
thereafter, review all leases of land subject to subdivision (a)
under the control of the department and, as soon as possible, charge
the fair market rate on those leases of land.
The department shall do all things necessary to secure a
valid title in the State to the property acquired for wildlife
management areas or public shooting grounds but no payment shall be
made therefor until the title is satisfactory to the Attorney
General, and is vested in the State. The acquisition of the property
by the State is not prohibited by reason of rights of way, easements,
or reservations which, from their nature, in the opinion of the
department, will in no manner interfere with the use of the property
for the purpose for which it is acquired.
Lands, or lands and water, acquired for public shooting
grounds, state marine (estuarine) recreational management areas, or
wildlife management areas shall be operated on a nonprofit basis by
the department. Multiple recreational use of wildlife management
areas is desirable and that use shall be encouraged by the
commission. Except for hunting and fishing purposes, only minimum
facilities to permit other forms of multiple recreational use, such
as camping, picnicking, boating, or swimming, shall be provided.
Except as provided in Section 1765, and to defray the costs
associated with multiple use, the commission may determine and fix
the amount of, and the department shall collect, fees for any use
privileges. However, tours by organized youth and school groups are
exempt from the payment of those fees. Only persons holding valid
hunting licenses may apply for or obtain shooting permits for public
shooting grounds, state marine (estuarine) recreational management
areas, or wildlife management areas.
The output of any state game farm shall be distributed on
public lands or where the department determines that the output will
receive adequate protection and be most likely to thrive and
Except in accordance with the regulations of the commission,
it is unlawful to enter upon any wildlife management areas or public
shooting grounds established under the provisions of this article, or
to take therein any bird or the nest or eggs thereof, or any mammal.
The taking of birds and mammals on public shooting grounds shall
be regulated by the commission by regulation as provided in this
section. Prior to making any such regulation, the commission shall,
at an open meeting of the commission, publicly announce the contents
of the regulation it proposes to make and at the same time specify a
subsequent open meeting to be held not less than 30 days thereafter
at which it will take final action on the proposed regulation.