Article 5. Reciprocal Agreements With Adjoining States of California Fish And Game Code >> Division 1. >> Chapter 3. >> Article 5.
The commission, subject to the approval of the Attorney
General, may enter into reciprocal agreements with corresponding
state or county official agencies of adjoining states pertaining to
the establishment of a basis whereby valid sport fishing licenses
issued by the parties to the reciprocal agreements may be used by
their licensees within the jurisdiction of either, in accordance with
the terms of such agreements.
The department may exchange or release to any appropriate
federal, state, or local agency or agencies in other states, for
purposes of law enforcement, any information collected or maintained
by the department under any provision of this code or any regulation
adopted pursuant to this code.
(a) The director, or a designated representative, may enter
into reciprocal operational agreements with authorized
representatives of any Oregon, Nevada, or Arizona state law
enforcement agency, including, but not limited to, the Oregon State
Police, the Nevada Department of Wildlife, and the Arizona Game and
Fish Department, to promote expeditious and effective law enforcement
service to the public, and assistance between the members of the
department and those agencies, in areas adjacent to the borders of
this state and each of the adjoining states pursuant to Section 393.
(b) The reciprocal operational agreement shall be in writing and
may cover the reciprocal exchange of law enforcement services,
resources, facilities, and any other necessary and proper matters
between the department and the respective agency.
(c) Any agreement shall specify all of the following:
(1) The involved departments, divisions, or units of the agencies.
(2) The duration and purpose of the agreement.
(3) Responsibility for damages.
(4) The method of financing any joint or cooperative undertaking.
(5) The methods to be employed to terminate an agreement.
(d) The director may establish operational procedures in
implementation of any reciprocal operational agreement that are
necessary to achieve the purposes of the agreement.
(a) A regularly employed law enforcement officer of an Oregon,
Nevada, or Arizona state law enforcement agency, including, but not
limited to, the Oregon State Police, the Nevada Department of
Wildlife, or the Arizona Game and Fish Department, is a peace officer
in this state, if all of the following conditions are met:
(1) The officer is providing, or attempting to provide, law
enforcement services within this state, within a distance of up to 50
statute miles of the contiguous border of this state and the state
employing the officer, or within waters offshore of this state in the
Exclusive Economic Zone.
(2) The officer is providing, or attempting to provide, law
enforcement services pursuant to either of the following:
(A) In response to a request for services initiated by a member of
the department.
(B) In response to a reasonable belief that emergency law
enforcement services are necessary for the preservation of life, and
a request for services by a member of the department is impractical
to obtain under the circumstances. In those situations, the officer
shall obtain authorization as soon as practical.
(3) The officer is providing, or attempting to provide, law
enforcement services for the purpose of assisting a member of the
department in response to misdemeanor or felony criminal activity,
pursuant to the authority of a peace officer as provided in
subdivision (e) of Section 830.2 of the Penal Code, or, in the event
of an emergency incident or other similar public safety problem,
whether or not a member of the department is present at the scene of
the event.
(4) An agreement pursuant to Section 392 is in effect between the
department and the agency of the adjoining state employing the
officer, the officer acts in accordance with that agreement, and the
agreement specifies that the officer and employing agency of the
adjoining state shall be subject to the same civil immunities and
liabilities as a peace officer and his or her employing agency in
this state.
(5) The officer receives no separate compensation from this state
for providing law enforcement services within this state.
(6) The adjoining state employing the officer confers similar
rights and authority upon a member of the department who renders
assistance within that state.
(b) Notwithstanding any other provision of law, a person who is
acting as a peace officer in this state in the manner described in
this section shall be deemed to have met the requirements of Section
1031 of the Government Code and the selection and training standards
of the Commission on Peace Officer Standards and Training, if the
officer has completed the basic training required for peace officers
in his or her state.
(c) A peace officer of an adjoining state shall not provide
services within a California jurisdiction during a period in which
officers of the department are involved in a labor dispute that
results in a formal work slowdown or stoppage.