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Article 2. General License Provisions of California Fish And Game Code >> Division 2. >> Chapter 3. >> Article 2.
(a) All licenses, permits, tags, reservations, and other
entitlements authorized by this code shall be prepared and issued by
the department.
(b) The commission shall determine the form of all licenses, permits, tags, reservations, and other entitlements and the method of carrying and displaying all licenses, and may require and prescribe the form of applications therefor and the form of any contrivance to be used in connection therewith, except for those programs where the department has fee-setting authority, in which case the department shall retain that authority.
(c) Whenever this code provides for a permit, license, tag, reservation, application, or other entitlement, the commission, in accordance with the provision, shall prescribe the terms and conditions under which the permit, license, tag, reservation, application, or other entitlement shall be issued, except for those programs where the department has fee-setting authority, in which case the department shall retain that authority. The department shall issue the permit, license, tag, reservation, application, or other entitlement in accordance therewith and with the applicable provisions of law.
(d) Except for fees set by the department pursuant to subdivision (e), whenever this code does not specify whether a fee is to be collected, or does not specify the amount of a fee to be collected, or does not expressly prohibit the adjustment of statutorily imposed fees by the commission by reference to this section for the issuance of any license, tag, permit, application, reservation, or other entitlement, the commission may establish a fee or the amount thereof by regulation. The commission may also provide for the change in the amount of the fee in accordance with Section 713. Fees established by the commission shall be in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to the program with regard to which the fee is paid. The commission may establish a fee structure that provides for the phasing in of new fees leading up to full cost recovery for the department and commission, provided that full cost recovery is achieved within five years of the establishment of the fee.
(e) The department may establish fees and may adjust statutorily imposed fees by regulation for the filings, permits, determinations, or other department actions described in Section 711.4, 1002, or 1609. The department also may provide for the change in the amount of the fee in accordance with Section 713. Fees established by the department shall be in an amount sufficient to recover all reasonable administrative and implementation costs of the department relating to the program with regard to which the fee is paid. The department may establish a fee structure that provides for the phasing in of new fees leading up to full cost recovery for the department, provided that full cost recovery is achieved within five years of the establishment of the fee.
(f) Whenever this code provides for a license, tag, permit, reservation, or other entitlement, the commission or department, as applicable, may establish a nonrefundable application fee, not to exceed seven dollars and fifty cents ($7.50) sufficient to pay the department's costs for issuing the license, tag, permit, reservation, or other entitlement and may adjust the application fee in accordance with Section 713.
(b) The commission shall determine the form of all licenses, permits, tags, reservations, and other entitlements and the method of carrying and displaying all licenses, and may require and prescribe the form of applications therefor and the form of any contrivance to be used in connection therewith, except for those programs where the department has fee-setting authority, in which case the department shall retain that authority.
(c) Whenever this code provides for a permit, license, tag, reservation, application, or other entitlement, the commission, in accordance with the provision, shall prescribe the terms and conditions under which the permit, license, tag, reservation, application, or other entitlement shall be issued, except for those programs where the department has fee-setting authority, in which case the department shall retain that authority. The department shall issue the permit, license, tag, reservation, application, or other entitlement in accordance therewith and with the applicable provisions of law.
(d) Except for fees set by the department pursuant to subdivision (e), whenever this code does not specify whether a fee is to be collected, or does not specify the amount of a fee to be collected, or does not expressly prohibit the adjustment of statutorily imposed fees by the commission by reference to this section for the issuance of any license, tag, permit, application, reservation, or other entitlement, the commission may establish a fee or the amount thereof by regulation. The commission may also provide for the change in the amount of the fee in accordance with Section 713. Fees established by the commission shall be in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to the program with regard to which the fee is paid. The commission may establish a fee structure that provides for the phasing in of new fees leading up to full cost recovery for the department and commission, provided that full cost recovery is achieved within five years of the establishment of the fee.
(e) The department may establish fees and may adjust statutorily imposed fees by regulation for the filings, permits, determinations, or other department actions described in Section 711.4, 1002, or 1609. The department also may provide for the change in the amount of the fee in accordance with Section 713. Fees established by the department shall be in an amount sufficient to recover all reasonable administrative and implementation costs of the department relating to the program with regard to which the fee is paid. The department may establish a fee structure that provides for the phasing in of new fees leading up to full cost recovery for the department, provided that full cost recovery is achieved within five years of the establishment of the fee.
(f) Whenever this code provides for a license, tag, permit, reservation, or other entitlement, the commission or department, as applicable, may establish a nonrefundable application fee, not to exceed seven dollars and fifty cents ($7.50) sufficient to pay the department's costs for issuing the license, tag, permit, reservation, or other entitlement and may adjust the application fee in accordance with Section 713.
Any license, permit, tag, stamp, or other entitlement
authorized pursuant to this code is not valid until it is filled out
completely and accurately and the fee authorized or identified in
statute or regulation for that entitlement is received and paid to
the department or its agent. It is the responsibility of the user to
ensure that the license, permit, tag, stamp, or other entitlement is
filled out completely and accurately.
Notwithstanding any other provision of this code, the
department may issue a temporary document that allows the holder of a
license, permit, license tag, license stamp, application,
reservation, or other entitlement purchased through the Internet to
enjoy the privileges of the entitlement for a period not to exceed 30
calendar days from the date of purchase.
The department may accept a credit card charge as a method
of payment. Any contract executed by the department with credit card
issuers or draft purchasers shall be consistent with Section 6159 of
the Government Code. Notwithstanding Title 1.3 (commencing with
Section 1747) of Part 4 of Division 3 of the Civil Code, the
department may impose a surcharge in an amount to cover the cost of
providing the credit card service, including reimbursement for any
fee or discount charged by the credit card issuer.
(a) Except as otherwise provided in this section, the names
and addresses contained in records submitted and retained by the
department for the purpose of obtaining recreational fishing and
hunting licenses are confidential and are not public records.
(b) Notwithstanding any other provision of law, the department may release the confidential information described in subdivision (a) under the following circumstances:
(1) To an agent or authorized family member of the person to whom the information pertains.
(2) To an officer or employee of another governmental agency when necessary for the performance of his or her official duties.
(3) In accordance with Section 391.
(4) Pursuant to a court order.
(b) Notwithstanding any other provision of law, the department may release the confidential information described in subdivision (a) under the following circumstances:
(1) To an agent or authorized family member of the person to whom the information pertains.
(2) To an officer or employee of another governmental agency when necessary for the performance of his or her official duties.
(3) In accordance with Section 391.
(4) Pursuant to a court order.
(a) The department may issue collectible, commemorative
licenses to any person for purposes of promoting and supporting
licensed hunting, fishing, and resource conservation, subject to all
of the following:
(1) A commemorative license may be designed and produced as the department may determine and shall be clearly marked and identified as a commemorative license, rendering it invalid for the take of any mammal, bird, fish, reptile, or amphibian.
(2) A commemorative license shall not confer any rights, privileges, or other entitlements to any person purchasing or in possession of such a license.
(3) Subdivision (a) of Section 1052, Section 1053.1, Article 2 (commencing with Section 3031) of Chapter 1 of Part 1 of Division 4, and Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of Division 6 do not apply to the purchase of a commemorative license. A commemorative license shall not qualify as evidence required in subdivision (a) of Section 3050.
(b) All funds derived from the sale of commemorative licenses shall be deposited in the Fish and Game Preservation Fund.
(1) A commemorative license may be designed and produced as the department may determine and shall be clearly marked and identified as a commemorative license, rendering it invalid for the take of any mammal, bird, fish, reptile, or amphibian.
(2) A commemorative license shall not confer any rights, privileges, or other entitlements to any person purchasing or in possession of such a license.
(3) Subdivision (a) of Section 1052, Section 1053.1, Article 2 (commencing with Section 3031) of Chapter 1 of Part 1 of Division 4, and Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of Division 6 do not apply to the purchase of a commemorative license. A commemorative license shall not qualify as evidence required in subdivision (a) of Section 3050.
(b) All funds derived from the sale of commemorative licenses shall be deposited in the Fish and Game Preservation Fund.
Licenses of each class shall be uniquely numbered. Every
license shall contain its expiration date and the fee for which it is
issued. If no fee is either required by this code or established by
the commission pursuant to Section 1050, the license shall so
indicate.
It is unlawful for any person to do any of the following:
(a) Transfer any license, tag, stamp, permit, application, or reservation.
(b) Use or possess any license, tag, stamp, permit, application, or reservation that was not lawfully issued to the user or possessor thereof or that was obtained by fraud, deceit, or the use of a fake or counterfeit application form.
(c) Use or possess any fake or counterfeit license, tag, stamp, permit, permit application form, band, or seal, made or used for the purpose of evading any of the provisions of this code, or regulations adopted pursuant thereto.
(d) Predate, fail to date, or alter any date of any license, tag, or permit.
(e) Postdate the date of application or the date of issuance of the license, tag, or permit. This subdivision does not apply to the date that a license, tag, or permit is valid.
(f) Alter, mutilate, deface, duplicate, or counterfeit any license, tag, permit, permit application form, band, or seal, or entries thereon, to evade the provisions of this code, or any regulations adopted pursuant thereto.
(a) Transfer any license, tag, stamp, permit, application, or reservation.
(b) Use or possess any license, tag, stamp, permit, application, or reservation that was not lawfully issued to the user or possessor thereof or that was obtained by fraud, deceit, or the use of a fake or counterfeit application form.
(c) Use or possess any fake or counterfeit license, tag, stamp, permit, permit application form, band, or seal, made or used for the purpose of evading any of the provisions of this code, or regulations adopted pursuant thereto.
(d) Predate, fail to date, or alter any date of any license, tag, or permit.
(e) Postdate the date of application or the date of issuance of the license, tag, or permit. This subdivision does not apply to the date that a license, tag, or permit is valid.
(f) Alter, mutilate, deface, duplicate, or counterfeit any license, tag, permit, permit application form, band, or seal, or entries thereon, to evade the provisions of this code, or any regulations adopted pursuant thereto.
Any stamp issued pursuant to this article is not valid
unless affixed to the appropriate license document.
(a) A person shall not obtain more than one license,
permit, reservation, or other entitlement of the same class, or more
than the number of tags authorized by statute or regulation for the
same license year, except under one of the following conditions:
(1) Nonresident hunting licenses issued pursuant to paragraphs (4) and (5) of subdivision (a) of Section 3031, and short-term sport fishing licenses issued pursuant to paragraphs (3), (4), and (5) of subdivision (a) of Section 7149, and paragraphs (3), (4), and (5) of subdivision (a) of Section 7149.05.
(2) The loss or destruction of an unexpired license, tag, permit, reservation, or other entitlement, except a stamp or endorsement, as certified by the applicant's signed affidavit and proof, as determined by the department, that the original license, tag, permit, reservation, or other entitlement was issued, and payment of a base fee of five dollars ($5). The base fee shall be adjusted annually pursuant to Section 713, not to exceed the fee for the original entitlement, as follows:
(A) The adjustment shall apply to the hunting license years commencing on or after July 1, 1996.
(B) The adjustment shall apply to the fishing license years commencing on or after January 1, 1996.
(3) The loss or destruction of a stamp or endorsement imprinted on a base license and payment of a base fee of three dollars ($3) for each stamp or endorsement replaced on any base license document, adjusted annually pursuant to Section 713, not to exceed the fee for the original entitlement. The base fee in this paragraph shall apply to the 2011 license year.
(b) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
(1) Nonresident hunting licenses issued pursuant to paragraphs (4) and (5) of subdivision (a) of Section 3031, and short-term sport fishing licenses issued pursuant to paragraphs (3), (4), and (5) of subdivision (a) of Section 7149, and paragraphs (3), (4), and (5) of subdivision (a) of Section 7149.05.
(2) The loss or destruction of an unexpired license, tag, permit, reservation, or other entitlement, except a stamp or endorsement, as certified by the applicant's signed affidavit and proof, as determined by the department, that the original license, tag, permit, reservation, or other entitlement was issued, and payment of a base fee of five dollars ($5). The base fee shall be adjusted annually pursuant to Section 713, not to exceed the fee for the original entitlement, as follows:
(A) The adjustment shall apply to the hunting license years commencing on or after July 1, 1996.
(B) The adjustment shall apply to the fishing license years commencing on or after January 1, 1996.
(3) The loss or destruction of a stamp or endorsement imprinted on a base license and payment of a base fee of three dollars ($3) for each stamp or endorsement replaced on any base license document, adjusted annually pursuant to Section 713, not to exceed the fee for the original entitlement. The base fee in this paragraph shall apply to the 2011 license year.
(b) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
Applicants for hunting licenses pursuant to subdivision (a)
of Section 1053.1 shall first satisfactorily complete a hunter
education equivalency examination and obtain a certificate of
equivalency as provided by regulations adopted by the commission, or
show proof of completion of a hunter education training course, or
show a previous year's hunting license.
(a) It is unlawful to submit, or conspire to submit, any
false, inaccurate, or otherwise misleading information on any
application or other document offered or otherwise presented to the
department for any purpose, including, but not limited to, obtaining
a license, tag, permit, or other privilege or entitlement pursuant to
this code or regulations adopted thereto.
(b) The department may require the applicant for a license, tag, permit, or other privilege or entitlement to show proof of the statements or facts required for the issuance of any license, tag, permit, or other privilege or entitlement.
(c) For purposes of this section, "department" includes any department employee, license agent, or any person performing the duties of a department employee or license agent.
(b) The department may require the applicant for a license, tag, permit, or other privilege or entitlement to show proof of the statements or facts required for the issuance of any license, tag, permit, or other privilege or entitlement.
(c) For purposes of this section, "department" includes any department employee, license agent, or any person performing the duties of a department employee or license agent.
Every person while engaged in taking any bird, mammal,
fish, amphibian, or reptile shall have on his or her person or in his
or her immediate possession, or where otherwise specifically
required by law to be kept, any license, tag, stamp, or permit that
is required in order to take the bird, mammal, fish, amphibian, or
reptile. In the case of a person diving from a boat, the license or
permit may be kept on the boat, or in the case of a person diving
from shore, the license or permit may be kept within 500 yards of the
shore.
The department may issue and shall collect payment for any
entitlement, document, or authorization for which a fee is authorized
pursuant to this code.
(a) The department shall establish, and keep current,
written policies and procedures relating to the application process
and the award of hunting tags for fundraising purposes, as authorized
pursuant to subdivision (c) of Section 331, subdivision (d) of
Section 332, Section 4334, or subdivision (d) of Section 4902.
(b) The policies and procedures shall include, but need not be limited to, all of the following:
(1) The application process and criteria.
(2) A standard application format.
(3) An appeal process.
(4) A requirement that all applications shall remain sealed until on or after a filing date specified by the department.
(c) The department shall make the policies and procedures available to interested parties 30 days before their implementation and shall receive and consider any related recommendations.
(d) The department shall not require a minimum tag sale price, except as otherwise provided in this code.
(e) It is the intent of the Legislature that the department develop policies and procedures that seek to maximize both the revenues received by the department and participation by qualified nonprofit organizations making application to sell the tags as sellers of the tags.
(b) The policies and procedures shall include, but need not be limited to, all of the following:
(1) The application process and criteria.
(2) A standard application format.
(3) An appeal process.
(4) A requirement that all applications shall remain sealed until on or after a filing date specified by the department.
(c) The department shall make the policies and procedures available to interested parties 30 days before their implementation and shall receive and consider any related recommendations.
(d) The department shall not require a minimum tag sale price, except as otherwise provided in this code.
(e) It is the intent of the Legislature that the department develop policies and procedures that seek to maximize both the revenues received by the department and participation by qualified nonprofit organizations making application to sell the tags as sellers of the tags.
(a) Any person, except a commissioner, officer, or employee
of the department, may submit an application to the department to be
a license agent to issue licenses, permits, reservations, tags, or
other entitlements.
(b) A person shall only be authorized to be a license agent to issue licenses, permits, reservations, tags, and other entitlements, upon the written approval of the department.
(c) The department may provide licenses, permits, reservations, tags, or other entitlements to authorized license agents and shall collect, prior to delivery, an amount equal to the fees for all licenses, permits, reservations, tags and other entitlements provided. Any license agent who pays the fees prior to delivery for licenses, permits, reservations, tags, or other entitlements is exempt from Sections 1056, 1057, and 1059. Any licenses, permits, reservations, tags, or other entitlements provided pursuant to this subdivision that remain unissued at the end of the license year may be returned to the department for refund or credit, or a combination thereof, within six months of the item expiration date. No credit may be allowed after six months following the last day of the license year.
(d) Authorized license agents shall add a handling charge to the fees prescribed in this code or in regulations adopted pursuant to this code for any license, permit, reservation, tag, and other entitlement issued by the license agent in an amount that is 5 percent of the face value of the item rounded to the nearest five cents ($0.05).
(e) The handling charge added pursuant to subdivision (d) shall be incorporated into the total amount collected for issuing the license, permit, reservation, tag, and other entitlement, but the handling charge shall not be included when determining license fees in accordance with Section 713. A license agent may issue any license, permit, reservation, tag, or other entitlement for any amount up to 10 percent less than the fee prescribed in this code or in regulations adopted pursuant to this code. The license agent shall remit to the department the full amount of the fees as prescribed in this code or in regulations adopted pursuant to this code for all licenses, permits, reservations, tags, and other entitlements issued.
(f) The handling charge required by subdivision (d) is the license agent's only compensation for services. The license agent shall not be entitled to any other additional fee or charge for issuing any license, permit, reservation, tag, or other entitlement authorized pursuant to this section.
(g) The department may designate a nonprofit organization, organized pursuant to the laws of this state, or the California chapter of a nonprofit organization, organized pursuant to the laws of another state, as a license agent for the sale of lifetime licenses issued pursuant to Sections 714, 3031.2, and 7149.2. These licenses may be sold by auction or by other methods and are not subject to the fee limitations prescribed in this code. An agent authorized to issue lifetime sport fishing licenses, lifetime hunting licenses, and lifetime sportsman's licenses under this subdivision is exempt from subdivisions (d) and (f). The license agent shall remit to the department the fees from the sale of lifetime licenses as defined in Sections 714, 3031.2, and 7149.2.
(h) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
(b) A person shall only be authorized to be a license agent to issue licenses, permits, reservations, tags, and other entitlements, upon the written approval of the department.
(c) The department may provide licenses, permits, reservations, tags, or other entitlements to authorized license agents and shall collect, prior to delivery, an amount equal to the fees for all licenses, permits, reservations, tags and other entitlements provided. Any license agent who pays the fees prior to delivery for licenses, permits, reservations, tags, or other entitlements is exempt from Sections 1056, 1057, and 1059. Any licenses, permits, reservations, tags, or other entitlements provided pursuant to this subdivision that remain unissued at the end of the license year may be returned to the department for refund or credit, or a combination thereof, within six months of the item expiration date. No credit may be allowed after six months following the last day of the license year.
(d) Authorized license agents shall add a handling charge to the fees prescribed in this code or in regulations adopted pursuant to this code for any license, permit, reservation, tag, and other entitlement issued by the license agent in an amount that is 5 percent of the face value of the item rounded to the nearest five cents ($0.05).
(e) The handling charge added pursuant to subdivision (d) shall be incorporated into the total amount collected for issuing the license, permit, reservation, tag, and other entitlement, but the handling charge shall not be included when determining license fees in accordance with Section 713. A license agent may issue any license, permit, reservation, tag, or other entitlement for any amount up to 10 percent less than the fee prescribed in this code or in regulations adopted pursuant to this code. The license agent shall remit to the department the full amount of the fees as prescribed in this code or in regulations adopted pursuant to this code for all licenses, permits, reservations, tags, and other entitlements issued.
(f) The handling charge required by subdivision (d) is the license agent's only compensation for services. The license agent shall not be entitled to any other additional fee or charge for issuing any license, permit, reservation, tag, or other entitlement authorized pursuant to this section.
(g) The department may designate a nonprofit organization, organized pursuant to the laws of this state, or the California chapter of a nonprofit organization, organized pursuant to the laws of another state, as a license agent for the sale of lifetime licenses issued pursuant to Sections 714, 3031.2, and 7149.2. These licenses may be sold by auction or by other methods and are not subject to the fee limitations prescribed in this code. An agent authorized to issue lifetime sport fishing licenses, lifetime hunting licenses, and lifetime sportsman's licenses under this subdivision is exempt from subdivisions (d) and (f). The license agent shall remit to the department the fees from the sale of lifetime licenses as defined in Sections 714, 3031.2, and 7149.2.
(h) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
The department may authorize any person other than a
commissioner or an officer or employee of the department to issue, as
an agent of the department, annual wildlife area passes and native
species stamps, and to sell promotional materials and nature study
aids pursuant to, and subject to the requirements of, this article.
An agent thus authorized may add a handling charge pursuant to
subdivisions (f), (g), and (h) of Section 1055 or subdivisions (d),
(e), and (f) of Section 1055.1 to the fee prescribed in Article 3
(commencing with Section 1760) of Chapter 7.5 of Division 2 for each
annual wildlife area pass or native species stamp issued.
(a) Except as provided in subdivision (b), each license
agent authorized pursuant to Section 1055.1 shall remit to the
department the fees prescribed in this code or in regulations adopted
pursuant to this code for all licenses, permits, reservations, tags,
and other entitlements by electronic means, such as electronic fund
transfer. In order to facilitate the prompt remittance of revenues,
the department is authorized to withdraw funds from the bank account
of the license agent, including adjustments, by electronic transfer.
License agents shall ensure that the total fees required for all
licenses, permits, reservations, tags, or other entitlements
necessary to perform the electronic transfer are available on the
date specified by the license agent contract.
(b) A license agent shall report to the department on or before the end of the next business day of the department any losses of fees received from the issuing of licenses, permits, reservations, tags, or other entitlements.
(c) The license agent may retain not more than fifteen cents ($0.15) of the fee received for each Colorado River special use validation issued pursuant to Section 7180.1 as compensation for services. The license agent shall remit to the department the fees prescribed by Section 7180.1, less any amounts retained under this subdivision, for all Colorado River special use validations issued. The license agent shall remit the net fees as prescribed in subdivision (a).
(d) Except as provided in subdivision (b), any fees not transmitted or made available to the department within seven days following the due date as specified by the department are delinquent, and delinquent fees are subject to interest and penalties prescribed in subdivision (b) of Section 1059. Interest and penalties shall be computed beginning one day following the due date as specified by the department.
(e) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
(b) A license agent shall report to the department on or before the end of the next business day of the department any losses of fees received from the issuing of licenses, permits, reservations, tags, or other entitlements.
(c) The license agent may retain not more than fifteen cents ($0.15) of the fee received for each Colorado River special use validation issued pursuant to Section 7180.1 as compensation for services. The license agent shall remit to the department the fees prescribed by Section 7180.1, less any amounts retained under this subdivision, for all Colorado River special use validations issued. The license agent shall remit the net fees as prescribed in subdivision (a).
(d) Except as provided in subdivision (b), any fees not transmitted or made available to the department within seven days following the due date as specified by the department are delinquent, and delinquent fees are subject to interest and penalties prescribed in subdivision (b) of Section 1059. Interest and penalties shall be computed beginning one day following the due date as specified by the department.
(e) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
A license agent who fails to transmit the fees or accounting
reports required by Section 1055.6 not later than 60 days following
the due date as specified by the department may be required to
execute, in favor of the department, a bond, payable to the
department, in a sum determined by the department in order to
continue as a license agent. The bond shall secure the accurate
accounting and payment to the department of the funds collected and
the performance of the duties imposed upon the license agent by this
article.
All license, tag, permit, reservation, and other entitlement
money shall be accounted for separately from other funds of a license
agent, and shall at all times belong to the state.
In case of an assignment for the benefit of creditors,
receivership, or bankruptcy, the state shall have a preferred claim
against the license agent's assignee, receiver, or trustee for all
moneys owing the state for the issuing of licenses, permits,
reservations, tags, and other entitlements as provided in this code
and shall not be estopped from asserting that claim by reason of the
commingling of funds or otherwise.
(a) The failure or refusal of any license agent to account
for licenses, permits, reservations, tags, and other entitlements, or
any fees received from their issuance as required by Section 1055.6
or upon demand by an authorized representative of the department is a
misdemeanor.
(b) In addition to subdivision (a), any license agent who fails to remit fees to the department on or before the date required by Section 1055.6 shall pay interest and penalties prescribed for sales and use taxes and, except as otherwise provided in this code, the department shall collect amounts owing under the procedures prescribed for sales and use taxes provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701) of Part 1 of Division 2 of the Revenue and Taxation Code, insofar as they may be applicable, and for those purposes, "board" means the department.
(b) In addition to subdivision (a), any license agent who fails to remit fees to the department on or before the date required by Section 1055.6 shall pay interest and penalties prescribed for sales and use taxes and, except as otherwise provided in this code, the department shall collect amounts owing under the procedures prescribed for sales and use taxes provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701) of Part 1 of Division 2 of the Revenue and Taxation Code, insofar as they may be applicable, and for those purposes, "board" means the department.
(a) The department may allow a person to purchase a license
voucher as a gift for a licensee when the licensee's complete and
accurate personal information, as defined in regulation, is not
provided by the license buyer at the time of purchase.
(b) A license purchase voucher entitles the holder of the voucher to redeem it for the specific license, permit, tag, or other privilege or entitlement, and license year for which it was purchased.
(c) A license purchase voucher shall expire and be considered void if not redeemed within the license year for which it was purchased.
(d) A license purchase voucher may be issued and redeemed by a person authorized by the department to issue licenses.
(e) The license agent handling fee, as provided under subdivisions (d), (e), and (f) of Section 1055.1, shall only apply to the sale of the license purchase voucher.
(f) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
(b) A license purchase voucher entitles the holder of the voucher to redeem it for the specific license, permit, tag, or other privilege or entitlement, and license year for which it was purchased.
(c) A license purchase voucher shall expire and be considered void if not redeemed within the license year for which it was purchased.
(d) A license purchase voucher may be issued and redeemed by a person authorized by the department to issue licenses.
(e) The license agent handling fee, as provided under subdivisions (d), (e), and (f) of Section 1055.1, shall only apply to the sale of the license purchase voucher.
(f) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
(a) A nonprofit conservation organization seeking promotion,
exposure, and awareness of the organization on the Automated License
Data System Online License Service Internet Web site, as feasible,
through the display of the organization's logo, or other graphics
agreed upon by the organization and the department, to give a
prospective license buyer the opportunity to link electronically to
the organization's Internet home page, shall submit, by September 30
of each year, a letter to the department providing evidence that the
organization meets the criteria set forth in subdivision (c). If the
department determines that the nonprofit conservation organization is
eligible, it shall include the organization's logo or other graphics
in a space with a link to the organization's Internet home page on
the Automated License Data System Online License Service Internet Web
site for a time period agreed upon by both parties.
(b) The department may impose a charge on a nonprofit conservation organization for inclusion on the Automated License Data System Online License Service Internet Web site pursuant to subdivision (a) that shall not exceed the costs associated with the direct administration of this section.
(c) As used in this section, "nonprofit conservation organization" means an entity that the department determines meets all of the following:
(1) It is a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)).
(2) It is registered with the Attorney General.
(3) Its goals and objectives are related to the conservation of sport fish or game species.
(4) In at least one of the previous three calendar years, it has entered into, or been obligated under, a contract or other agreement, including, but not limited to, a license, easement, memorandum of understanding, or lease, with the department to perform habitat or other wildlife conservation work, to provide hunting or fishing opportunities for the public, to raise funds on behalf of the department, including, but not limited to, the sale of hunting fundraising tags or related items, or to otherwise provide assistance to the department that is consistent with the department's mission.
(d) The department shall deposit revenues of the charge imposed pursuant to subdivision (b) in the Fish and Game Preservation Fund, to be available, upon appropriation by the Legislature, exclusively to pay all initial and ongoing costs associated with the direct administration of this section, including, but not limited to, a portion of the costs of making changes to the Automated License Data System necessary to implement this section.
(e) The department shall implement the links from the Automated License Data System Online License Service Internet Web site by January 1, 2015, if it determines that date is feasible.
(b) The department may impose a charge on a nonprofit conservation organization for inclusion on the Automated License Data System Online License Service Internet Web site pursuant to subdivision (a) that shall not exceed the costs associated with the direct administration of this section.
(c) As used in this section, "nonprofit conservation organization" means an entity that the department determines meets all of the following:
(1) It is a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)).
(2) It is registered with the Attorney General.
(3) Its goals and objectives are related to the conservation of sport fish or game species.
(4) In at least one of the previous three calendar years, it has entered into, or been obligated under, a contract or other agreement, including, but not limited to, a license, easement, memorandum of understanding, or lease, with the department to perform habitat or other wildlife conservation work, to provide hunting or fishing opportunities for the public, to raise funds on behalf of the department, including, but not limited to, the sale of hunting fundraising tags or related items, or to otherwise provide assistance to the department that is consistent with the department's mission.
(d) The department shall deposit revenues of the charge imposed pursuant to subdivision (b) in the Fish and Game Preservation Fund, to be available, upon appropriation by the Legislature, exclusively to pay all initial and ongoing costs associated with the direct administration of this section, including, but not limited to, a portion of the costs of making changes to the Automated License Data System necessary to implement this section.
(e) The department shall implement the links from the Automated License Data System Online License Service Internet Web site by January 1, 2015, if it determines that date is feasible.
(a) Beginning November 1, 1991, the director shall make a
grant in installments to a nonprofit organization of sea urchin
divers in an amount not to exceed four hundred thousand dollars
($400,000), for the organization to accomplish the following
purposes:
(1) To establish a communications network among sea urchin divers, through a newsletter and such other means as are deemed necessary and appropriate by the organization, providing divers with information on policies, procedures, statutes, and regulations affecting the sea urchin fishery, meeting announcements, and for other information the department reasonably requests to be transmitted to sea urchin divers.
(2) To establish an education program on the conservation and utilization of sea urchins.
(3) To convene statewide conferences for members of the industry to meet for purposes of strengthening the industry and benefiting industry goals. The grant shall be paid, upon submission and approval of an annual budget, in quarterly installments, in amounts deemed appropriate by the department, upon the submission to the department of progress reports which demonstrate the continued achievements of the organization toward the intended goals.
(b) Prior to making the grant, the director shall verify from the nonprofit organization's bylaws that it is established for, among other purposes, the protection, conservation, enhancement, and promotion of the sea urchin fishery, and that its membership, including its board of directors, is composed solely of licensed commercial sea urchin divers.
(c) The grant shall be funded from revenues received pursuant to former subdivision (b) of Section 8051.1, as that subdivision read on December 31, 1995. If the department determines that the revenue received from former subdivision (b) of Section 8051.1, as that subdivision read on December 31, 1995, is not sufficient to fund the amount of the grant, including departmental overhead charges which shall be recovered from the revenues received pursuant to that former subdivision (b) of Section 8051.1, the department shall reduce the amount of the grant accordingly. The revenue received pursuant to that former subdivision (b) of Section 8051.1 shall remain available for funding of the grant program pursuant to this subdivision until that revenue is fully encumbered, or the authorized amount of the grant program is expended, whichever event is later.
(d) The revenue received pursuant to former subdivision (b) of Section 8051.1 as it read on December 31, 1995, shall first be used to reimburse the department for departmental overhead charges incurred in administering the grant.
(1) To establish a communications network among sea urchin divers, through a newsletter and such other means as are deemed necessary and appropriate by the organization, providing divers with information on policies, procedures, statutes, and regulations affecting the sea urchin fishery, meeting announcements, and for other information the department reasonably requests to be transmitted to sea urchin divers.
(2) To establish an education program on the conservation and utilization of sea urchins.
(3) To convene statewide conferences for members of the industry to meet for purposes of strengthening the industry and benefiting industry goals. The grant shall be paid, upon submission and approval of an annual budget, in quarterly installments, in amounts deemed appropriate by the department, upon the submission to the department of progress reports which demonstrate the continued achievements of the organization toward the intended goals.
(b) Prior to making the grant, the director shall verify from the nonprofit organization's bylaws that it is established for, among other purposes, the protection, conservation, enhancement, and promotion of the sea urchin fishery, and that its membership, including its board of directors, is composed solely of licensed commercial sea urchin divers.
(c) The grant shall be funded from revenues received pursuant to former subdivision (b) of Section 8051.1, as that subdivision read on December 31, 1995. If the department determines that the revenue received from former subdivision (b) of Section 8051.1, as that subdivision read on December 31, 1995, is not sufficient to fund the amount of the grant, including departmental overhead charges which shall be recovered from the revenues received pursuant to that former subdivision (b) of Section 8051.1, the department shall reduce the amount of the grant accordingly. The revenue received pursuant to that former subdivision (b) of Section 8051.1 shall remain available for funding of the grant program pursuant to this subdivision until that revenue is fully encumbered, or the authorized amount of the grant program is expended, whichever event is later.
(d) The revenue received pursuant to former subdivision (b) of Section 8051.1 as it read on December 31, 1995, shall first be used to reimburse the department for departmental overhead charges incurred in administering the grant.
The director may enter into an agreement with the Secretary
of Food and Agriculture for the collection of an assessment on behalf
of any marketing council or commission for fish or seafood organized
under the Food and Agricultural Code. The agreement may authorize
the department to collect the assessment in conjunction with the
collection of landing taxes on those species for which the marketing
council or commission is organized. The department shall remit the
amount of the assessment collected to the Secretary of Food and
Agriculture according to the agreement after making the collection.
Prior to remitting the assessments, the department may deduct an
administrative fee in an amount agreed to with the Secretary of Food
and Agriculture to pay the costs of collection and remission of the
assessments. The administrative fees shall be deposited in the Fish
and Game Preservation Fund.
Section 1110 as added to this code by the initiative measure
adopted at the General Election of November 8, 1938, is set forth at
Section 7891 of this code.
