Article 1. Generally of California Fish And Game Code >> Division 1. >> Chapter 3. >> Article 1.
A regulation adopted pursuant to this code shall be filed with
the Secretary of State, as required by Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
The commission may adopt regulations that it deems necessary
for the disposition of birds or mammals that are killed accidentally.
When adopting regulations pursuant to any authority otherwise
vested in the commission by this code, the commission shall annually
determine whether to continue, repeal, or amend regulations
establishing hunting seasons for black bears. The determination shall
include a review of factors which impact the health and viability of
the black bear population.
Prior to adopting a regulation authorizing a special hunting
season for black bears for the purpose of curtailing property damage
in any specified area, the commission shall comply with Article 2
(commencing with Section 325) of Chapter 3 of Division 1.
Whenever, because of extreme fire hazard, any area is closed
to entry by the public by any order or proclamation issued or
concurred in by the Governor the commission may establish a season
for hunting or fishing within the area. The season shall commence
upon or after the expiration or termination of such closure and shall
correspond in length of time as nearly as may be possible to the
time during which such area was closed to hunting or fishing.
(a) Whenever after due investigation the commission finds that
game fish, resident or migratory birds, game or fur-bearing mammals,
amphibians, or reptiles have decreased in numbers in an area,
district, or portion of an area or district to the extent that a
scarcity exists, the commission may reduce the daily bag limit and
the possession limit on those game fish, birds, mammals, amphibians,
or reptiles that are in danger of depletion, for a period of time
that the commission may specify, or until new legislation addressing
the scarcity becomes effective.
(b) A regulation adopted pursuant to this section shall be filed
with the Secretary of State, and that filing shall be deemed a legal
(c) The regulation shall be published twice in at least one
newspaper of general circulation in every county affected by the
order. The publications shall be separated by a period of not less
than one week and not more than two weeks. The regulation shall be
posted in such public places in each county as the director may
Notwithstanding any other provisions of this code, in District
22 the taking of birds, mammals, fish, amphibia, or reptiles shall
be subject to regulations prescribed, from time to time, by the
commission, except that it is unlawful to take birds or mammals
within one-eighth mile of any gallinaceous guzzler, if the area
surrounding it is posted in the manner prescribed by the commission.
In the Colorado River, in District 22, the commission may prescribe
such regulations in agreement with the proper authorities of the
State of Arizona.
For the preservation, protection and restoration of mountain
sheep and other birds and mammals in arid regions of the state, the
commission, in cooperation with the agency authorized to manage the
land, may prohibit any activity, including but not limited to
camping, in the vicinity of waterholes, springs, seeps, and other
watering places which are on public lands. The department may enter
into agreements with other state and federal agencies controlling
public lands for the purpose of posting such areas.
(a) The commission or any person appointed by it to conduct a
hearing may, in any investigation or hearing, cause the deposition of
witnesses, residing within or without the state, to be taken in the
manner prescribed by law for deposition in civil actions in the
superior courts of this state under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure, and may compel
the attendance of witnesses and the production of documents and
papers. The commission shall adopt regulations that afford procedural
and substantive due process to any person whose license or permit is
subject to revocation or suspension. Except upon conviction of a
violation of this code or a regulation adopted pursuant to this code
relating to the licensed or permitted activity and notwithstanding
any other provision of this code, the commission shall not revoke or
suspend any license or permit until the regulations required by this
section have been adopted and approved by the Office of
Administrative Law pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Any deliberation conducted by the commission, or conducted by
any person appointed by the commission to conduct hearings, is deemed
to be a proceeding required to be conducted pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code or similar provision, within the meaning of
paragraph (3) of subdivision (c) of Section 11126 of the Government
The commission may designate salmon spawning areas. It is
unlawful to take salmon in any such spawning area, or within 250 feet
of any salmon spawning station.
(a) The commission may issue a permit authorizing any member
of the armed forces of the United States or any student or faculty
member of an elementary or secondary school in the public school
system actually assigned to, and participating in, an organized
survival training course to take fish, amphibians, reptiles, birds,
or mammals, except rare or endangered species, notwithstanding any
other law or regulation, pursuant to the terms and conditions of that
permit. A permit involving training by the armed forces of the
United States shall be issued to the commanding officer of the unit
having jurisdiction over the conduct of the survival training course.
A permit involving training by an elementary or secondary school in
the public school system shall be issued to the governing board or
superintendent of the district having jurisdiction over that school
and the conduct of the survival training course. A permit shall be
applicable only to the area established for that survival training as
designated by the commission in the permit and for the species and
numbers designated in the permit.
(b) The commission may revise a condition of a permit if it finds
revision is necessary to properly protect the fish, amphibians,
reptiles, birds, or mammals in the area.
(c) The term of a permit issued pursuant to subdivision (a) shall
be for not more than a calendar year.
(d) A report shall be submitted on the expiration of the permit
period specified pursuant to subdivision (c), or as otherwise
required by the commission, of all fish, amphibians, reptiles, birds,
or mammals taken during the period covered by the report in each
permit area. A new permit shall not be issued until the report has
been submitted and an existing permit may be canceled if a report is
not submitted when required by the commission.
(e) A person engaged in survival training taking a fish,
amphibian, reptile, bird, or mammal pursuant to a permit issued under
this section shall not use a firearm, bow and arrow, steel trap,
explosive, chemical, poison, drug, net, or fish tackle, except that
hooks, handlines, and improvised poles and lines may be used to take
The commission may prohibit the taking or possessing of tuna
in the same manner as taking or possessing tuna is prohibited by
federal law or by rules or regulations adopted pursuant to the Tuna
Conventions Act of 1950, as amended by Public Law 87-814 of the 87th
Congress, notwithstanding any other provision of this code.
The commission at any time may close to the taking of any
species or subspecies of bird or mammal any area newly stocked by the
department with resident or migratory game birds or game or
fur-bearing mammals, or any area where, in the judgment of the
commission, added protection for birds or mammals is needed to
properly conserve the birds or mammals, for such time as the
commission may designate, or until such time as new legislation
thereon enacted by the Legislature may become effective.
The commission may at any time close any stream, lake, or
other inland waters, or portions thereof, to the taking of any
species or subspecies of fish to protect and properly conserve the
fish, except for the taking of fish otherwise permitted by this code
under a commercial fishing license, for such time as the commission
may designate, or until such time as new legislation thereon enacted
by the Legislature may become effective.
The commission may, at any time when facts are presented to
the commission which were not presented to the commission at the time
of its December meeting held pursuant to Section 209, open any
stream, lake, or other inland waters, or portions thereof, to the
taking of any species or subspecies of fish for the proper
utilization of the fish, for such time as the commission may
designate or until such time as new legislation thereon enacted by
the Legislature may become effective.
The commission may prohibit the taking or possessing of
Pacific halibut (Hippoglossus) in the same manner as the taking or
possessing of Pacific halibut is prohibited by federal law or by
rules or regulations adopted by the International Pacific Halibut
Commission, notwithstanding any other provision of this code.
The commission may prohibit the taking or possessing of
salmon in the same manner as the taking or possessing of salmon is
prohibited by federal law or by rules or regulations adopted by the
United States Secretary of Commerce, notwithstanding any other
provision of this code.
Any organization conducting a special hunt for servicemen or
veterans residing in or assigned to a United States veterans or armed
services medical facility may apply to the commission for, and the
commission may issue, under such terms and conditions as it may
impose, a permit to take birds and mammals notwithstanding the
provisions of Sections 2006 and 3002.