Section 1745 Of Chapter 7.4. Department-managed Lands From California Fish And Game Code >> Division 2. >> Chapter 7.4.
1745
. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Department-managed lands" includes lands, or lands and water,
acquired for public shooting grounds, state marine (estuarine)
recreational management areas, ecological reserves, and wildlife
management areas.
(2) "Nonconsumptive uses" means compatible uses other than hunting
and fishing.
(b) (1) Department-managed lands shall be operated on a nonprofit
basis by the department.
(2) The department may enter into contracts or other agreements
for the management and operation of department-managed lands with
nonprofit conservation groups, recognized under Section 501(c) of the
Internal Revenue Code, or resource conservation districts, as
described in Chapter 3 (commencing with Section 9151) of Division 9
of the Public Resources Code.
(A) The contracts or other agreements authorized pursuant to this
paragraph are not subject to Part 2 (commencing with Section 10100)
of Division 2 of the Public Contract Code or Article 6 (commencing
with Section 999) of Chapter 6 of Division 4 of the Military and
Veterans Code.
(B) The contracts or other agreements authorized pursuant to this
paragraph shall adhere to the goals and objectives included in an
approved management plan and shall be consistent with the purpose for
which the lands were acquired and managed by the department. Any
changes to the management plan shall be subject to public review and
comment.
(c) Multiple recreational use of department-managed lands 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.
(d) (1) Hunting, fishing, wildlife viewing, wildlife photography,
conservation education, and fish and wildlife research are priority
uses compatible with department-managed lands, except for ecological
reserves where uses shall be considered on an individual basis.
(2) Public uses of department-managed lands not described in
paragraph (1), or subdivision (c) or (f), shall be authorized by
regulations adopted by the commission. The commission may require the
purchase of a special use permit for these other uses.
(e) Except as provided in Section 1765 and subdivision (h), 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. Only persons holding valid hunting
licenses may apply for or obtain shooting permits for
department-managed lands.
(f) Commencing January 1, 2015, the department shall require the
purchase of an entry permit for nonconsumptive uses of
department-managed lands if the department finds that it is practical
and would be cost effective for the state to collect entry permit
fees.
(g) The following shall apply if the department requires the
purchase of an entry permit pursuant to subdivision (f):
(1) The department shall require the purchase of an entry permit
for nonconsumptive uses of a department-managed land only if a sign
providing notice of the requirement has been posted at the
department-managed land.
(2) To the extent feasible, the department shall allow
nonconsumptive users to purchase an entry permit onsite.
(3) The department shall use the Automated License Data System to
sell an entry permit.
(4) A nonconsumptive user shall have an entry permit in his or her
immediate possession while on department-managed lands.
(h) Failure to obtain a permit as required pursuant to this
section shall be an infraction as described in Section 12002.2.1. A
person in possession of a valid hunting license, sport fishing
license, or trapping license shall be exempt from a requirement to
obtain a permit.
(i) The moneys generated pursuant to this section shall be
deposited in the Native Species Conservation and Enhancement Account
within the Fish and Game Preservation Fund, and shall be available,
upon appropriation by the Legislature, to the department for the
management and operation of its lands. To the extent that the
department is able to identify the source of the fee revenue
collected, the department shall provide no less than 35 percent of
the funds generated pursuant to this section to the
department-managed lands from which the fee revenues were collected.
(j) The commission and department may continue to allow free
access to a department-managed land if the commission or department
finds the best interests of that area would be served by not fixing a
fee for use privileges.