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State
California
FGC Sec 1-89 General Definitions


FISH AND GAME CODE
SECTION 1-89





1. This code shall be known as the Fish and Game Code.



2. Unless the provisions or the context otherwise requires, the
definitions in this chapter govern the construction of this code and
all regulations adopted under this code.



3. The provisions of this code, insofar as they are substantially
the same as existing statutory provisions relating to the same
subject matter, shall be construed as restatements and continuations
thereof, and not as new enactments. This code shall not impair any
privilege granted or right acquired under any of the laws of this
State prior to the date it takes effect.



4. Division, part, chapter, article, and section headings do not in
any manner affect the scope, meaning, or intent of the provisions of
this code.


5. Whenever reference is made to any portion of this code or of any
other law of this State, the reference applies to all amendments and
additions heretofore or hereafter made.



6. Whenever a power is granted to, or duty is imposed upon, a
public officer, the power may be exercised or the duty may be
performed by a deputy of the officer or by a person authorized,
pursuant to law, by the officer, unless this code expressly provides
otherwise.



7. Whenever any statement or report is required to be made, it
shall be made in the English language.



8. The present tense includes the past and future tenses, and the
future, the present.



9. The masculine gender includes the feminine and the neuter.



10. The singular number includes the plural, and the plural, the
singular.


11. Whenever in this code the doing of an act between certain dates
or from one date to another is allowed or prohibited, the period of
time thereby indicated includes both dates specified. The first date
specified designates the first day of the period, and the second day
specified designates the last day of the period. No period of time
specified in this code exceeds one year unless otherwise expressly
provided.



12. Wherever the term "Fish Commission Fund" or "Game Preservation
Fund" appears in any law, it means "Fish and Game Preservation Fund."



13. Unless otherwise specified by statute, any notice or other
written communication required to be sent to any person by this code
or regulations adopted pursuant thereto, is sufficient notice if sent
by first-class mail to the last address furnished to the department
by that person.


14. "Anadromous fish" means fish which spawn in fresh water and
spend a portion of their lives in the ocean.



15. "Angling" means the taking of, or attempting to take, fish by
hook and line with the line held in the hand, or by hook and line
with the line attached to a pole or rod which is closely attended or
held in the hand in such a manner that the fish voluntarily takes the
bait or lure in its mouth.


16. "Affix" means physically attached to or imprinting an
electronic validation to a license document.



17. "Aquaculture" means that form of agriculture devoted to the
propagation, cultivation, maintenance, and harvesting of aquatic
plants and animals in marine, brackish, and fresh water.
"Aquaculture" does not include species of ornamental marine or
freshwater plants and animals not utilized for human consumption or
bait purposes that are maintained in closed systems for personal, pet
industry, or hobby purposes, however, these species continue to be
regulated under Chapter 2 (commencing with Section 2116) of Division
3.


18. "Bag limit" means the maximum limit, in number or amount, of
birds, mammals, fish, or amphibia which may lawfully be taken by any
one person during a specified period of time.



22. "Bird" means any wild bird or any part thereof.



24. "Buy" includes an offer to buy, purchase, barter, exchange, or
trade.


27. "Chumming" means the placing in the water of fish, parts of
fish, or other material upon which fish feed, for the purpose of
attracting fish to a particular area in order that they may be taken.



29. "Closed season" means that period of time during which the
taking of birds, mammals, fish, or amphibia is prohibited.



30. "Commission" means the Fish and Game Commission, and
"commissioner" means a member of the Fish and Game Commission.



32. "County" includes city and county.



35. "Day" means calendar day, and "week" means calendar week.



37. "Department" means the Department of Fish and Game.



39. "Director" means the Director of Fish and Game.



41. "District" means fish and game district.



45. "Fish" means wild fish, mollusks, crustaceans, invertebrates,
or amphibians, including any part, spawn, or ova thereof.



46. "Guide boat" means a boat or vessel under 25 feet in length,
which is used by a guide, who is licensed under Chapter 5 (commencing
with Section 2535) of Division 3, in inland waters for any of the
following purposes:
(1) For the business of packing or guiding.
(2) For compensation, to assist another person in taking or
attempting to take any fish or amphibian.
(3) For compensation, to assist another person in locating any
bird or mammal.


48. "Hook" or "fishhook" means an implement to catch or hold fish
or amphibia. "Single hook" means any hook with one point and with or
without a barb; "double hook" means any hook with two points and
with or without barbs; "treble or triple hook" means any hook with
three points and with or without barbs. "Snag" or "gaff" hooks are
hooks with or without handles used to take fish in such manner that
the fish does not take the hook voluntarily in its mouth.



51. "Kelp" means kelp or other marine aquatic plants and the seeds
thereof.


54. "Mammal" means any wild or feral mammal or any part thereof,
but not any wild, feral, or undomesticated burro.



55. "Mile" means either a statute mile (5,280 feet) or a nautical
mile (6,077 feet) depending on the application. Statute miles shall
be the unit of measurement for all land masses, rivers, streams,
creeks, and inland bodies of water. Nautical miles shall be the unit
of measurement for all marine waters.



56. "Net" means any gear made of any kind of twine, thread, string,
rope, wire, wood, or other materials used for the gilling,
entangling, trapping, or impounding of fish.



57. "Nonresident" means any person who has not resided continuously
in the State of California for six months immediately prior to the
date of his application for a license or permit.



60. "Oath" includes affirmation.



61. "Ocean ranching" means aquaculture where juvenile anadromous
fish are reared and released into state waters to grow and return to
an aquaculture facility to be harvested commercially.



62. "Open season" means that period of time during which the taking
of birds, mammals, fish, or amphibia is allowed.



64. "Order," "rule," and "regulation" are used interchangeably and
each includes the others.



67. "Person" means any natural person or any partnership,
corporation, limited liability company, trust, or other type of
association.


68. "Purchase" means "buy" as defined in Section 24.



70. "Resident" means any person who has resided continuously in the
State of California for six months or more immediately prior to the
date of his application for a license or permit, any person on active
military duty with the Armed Forces of the United States or
auxiliary branch thereof, or any person enrolled in the Job Corps
established pursuant to Section 2883 of Title 29 of the United States
Code.



73. "Section" means a section of this code unless some other
statute is specifically mentioned. "Subdivision" means a subdivision
of the section in which that term occurs unless some other section
is expressly mentioned.


75. "Sell" includes offer or possess for sale, barter, exchange, or
trade.


79. "Shall" is mandatory and "may" is permissive.



81. "Signature" or "subscription" includes mark when the signer or
subscriber cannot write, such signer's or subscriber's name being
written near the mark by a witness who writes his own name near the
signer's or subscriber's name; but a signature or subscription by
mark can be acknowledged or can serve as a signature or subscription
to a sworn statement only when two witnesses also sign their own
names.



82. "Slurp gun" means a self-contained, hand-held device used to
capture fish by rapidly drawing water containing fish into a closed
chamber.


83. "State" means the State of California, unless applied to the
different parts of the United States. In the latter case, it
includes the District of Columbia and the territories.



86. "Take" means hunt, pursue, catch, capture, or kill, or attempt
to hunt, pursue, catch, capture, or kill.



88. "Transport" includes offer or receive for transportation.



89. For the purposes of this code, "recycled water" or "reclaimed
water" has the same meaning as recycled water as defined in
subdivision (n) of Section 13050 of the Water Code.