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State
California
FGC Sec 1000-1019

FISH AND GAME CODE
SECTION 1000-1019





1000. The department shall expend such funds as may be necessary
for biological research and field investigation and for the
collection and diffusion of such statistics and information as shall
pertain to the conservation, propagation, protection, and
perpetuation of birds and the nests and eggs thereof, and of mammals,
reptiles, and fish.



1000.6. (a) The Legislature finds and declares all of the
following:
(1) The commercial fishing industry of the North Coast has been
greatly affected by decisions made by federal and state agencies
concerning the health of the salmon resource and the consequent
shortening or closing of the season, further impacting the already
economically depressed region.
(2) Sportfishing on the North Coast, a staple of the tourism
industry of the region, could be substantially affected by the
limitations of the salmon seasons.
(3) The method of determining salmon escapement counts on only the
Klamath River is inadequate for determining the overall health of
the salmon resource in northern California waters and consequent
decisions regarding the commercial, sport, and Indian salmon
fisheries in those waters because it does not take into consideration
the escapement figures on the Eel River and the Smith River.
(b) The department shall use present assessment methods to assess
the salmon escapement count on the Eel River and the Smith River, as
well as the Klamath River, systems, employing out-of-work fishermen,
where possible, to do the counts with department personnel in
supervisory capacities. Those figures shall be used by the
commission and the department in all reports, recommendations, and
decisions concerning the establishment of the commercial and
sportfishing seasons in the state waters and in all recommendations
to the Pacific Fishery Management Council or other regulatory
agencies. This program shall be a priority for funding under the
Fisheries Restoration Act of 1985 (Chapter 8 (commencing with Section
2760) added to Division 3 of the Fish and Game Code by Senate Bill
No. 400 of the 1985-86 Regular Session).
(c) The department shall install sonar fish counting devices on
the Klamath River system as a three-year test program to determine
the accuracy of the devices, and shall make recommendations to the
Legislature by January 1, 1990, as to their accuracy and whether they
should be installed on other river systems. Present assessment
methods shall continue on the Klamath River system during the test
period as a control mechanism.



1001. Nothing in this code or any other law shall prohibit the
department from taking, for scientific or propagation purposes, fish,
amphibia, reptiles, mammals, birds, and the nests and eggs thereof,
or any other form of plant or animal life.



1002. (a) The department may issue permits, subject to restrictions
and regulations that the commission determines are desirable, to
take or possess, in any part of the state, for scientific,
educational, or propagation purposes, mammals, birds and the nests
and eggs thereof, fish, amphibia, reptiles, or any other form of
plant or animal life.
(b) The department may issue a permit that is valid for 24 months
from the date of issuance to a resident of this state on the payment
of a base fee of thirty dollars ($30), as adjusted under Section 713.

(c) Notwithstanding subdivision (b), the department may issue a
permit without fee that is valid for 12 months from the date of
issuance for either of the following purposes:
(1) To authorize only the banding of birds and the exhibition of
live or dead wildlife specimens by public zoological gardens,
scientific, or educational institutions.
(2) To a student who is regularly enrolled in a commercial fishing
class in a school operating under the jurisdiction of the State
Board of Education or in a commercial fishing class in a community
college and to a faculty member of those schools or a community
college when conducting a regularly enrolled class in commercial
fishing. Any permit issued under this paragraph shall be valid only
when the student is under the direct supervision of the instructor
who is approved by the school or community college to teach the class
and who has obtained a permit under subdivision (b) or this
paragraph from the department. All fish taken shall be taken in
accordance with state law, except that Sections 7850, 7880, and 7881
do not apply to persons or equipment operating under this paragraph.
All fish taken under a permit issued under this paragraph may be
sold only to a person licensed to receive fish from commercial
fishermen as provided in Section 8032 or 8033 or donated to a
charitable institution. All funds received from the sale of the fish
shall be used solely for the support of the commercial fishing
classes.
(d) The department may issue a special student permit that is
valid for 12 months from the date of issuance on the payment of a
base fee of ten dollars ($10), as adjusted under Section 713, to any
student in a school of collegiate level who is required by an
instructor in wildlife research in the school to collect specimens
used in laboratory work in the school under supervision and in
connection with a course in wildlife research or in the conduct of
wildlife investigations and studies on behalf of the public.
(e) The department may issue a nonresident permit that is valid
for 24 months from the date of issuance on application and payment of
a base fee of one hundred dollars ($100) as adjusted under Section
713.
(f) It is not necessary for the possessor of the permit to have a
sportfishing or hunting license to collect any fish, reptile,
aquatic animal or plant, bird, or mammal for scientific, educational,
or propagation purposes in this state.
(g) Nothing in this section authorizes any act which violates
Section 597 of the Penal Code.
(h) A permit under this section does not authorize the taking of
fish or mammals from the ocean waters of this state which are within
the boundaries of any city if the city has filed with the department
an objection to the taking.
(i) The adjustment of the base fees pursuant to Section 713 that
is specified in subdivisions (b), (d), and (e) shall be applicable to
permits issued on or after January 1, 1991.



1003. Mammals, birds, and the nest and eggs thereof, fish and eggs
thereof, reptiles, mollusks, crustaceans, or any other form of plant
or animal life taken under the provisions of such a scientific or
propagation permit may be shipped or transported anywhere within or
without the state if prior written approval is obtained from the
department and each such shipment is accompanied by the name,
address, and permit number of the person holding the scientific or
propagation permit.



1004. The department may capture and sell birds and mammals, at
prices to be fixed by the commission, to persons engaged in the
domestication and sale thereof in this State.



1005. For the purpose of exhibiting fish and game educational
material at fairs or sportsmen's shows and making other public
displays, and to make conservation educational materials on fish and
game available for any public use, including fairs, sportsmen's
shows, schools, and civic organizations, the department may:
(a) Accept on behalf of the State donations of money and services
from any person to defray such expenses as may be incurred by the
department in connection therewith.
(b) Charge admissions or make a charge for the use of any
departmental material or exhibits to be used in a fair, sportsmen's
show, or by a civic organization.



1005.5. Notwithstanding Section 11005 of the Government Code, the
department may accept gifts of personal property if the donor is a
county of the state and the gift is purchased with fine money derived
from fish and game violations. The department shall notify the
Department of Finance 30 days in advance of accepting these gifts.




1006. The department may inspect the following:
(a) All boats, markets, stores and other buildings, except
dwellings, and all receptacles, except the clothing actually worn by
a person at the time of inspection, where birds, mammals, fish,
reptiles, or amphibia may be stored, placed, or held for sale or
storage.
(b) All boxes and packages containing birds, mammals, fish,
reptiles, or amphibia which are held for transportation by any common
carrier.


1007. The department may import, propagate, and distribute birds,
mammals, or fish.



1008. The department shall investigate all diseases of, and
problems relating to, birds, mammals, or fish, and establish and
maintain laboratories to assist in such investigation.



1009. The department may obtain for the State rights of way over
private lands for the purpose of furnishing access for the public to
lands or waters open to public hunting or fishing whenever such
rights of way are determined by the commission to be necessary for
such public use. Such rights of way shall not be acquired by eminent
domain proceedings.
The department may construct or cause to be constructed such
fences, signs, and other structures as are necessary for the
protection of any such right of way, and the cost of the construction
shall be met out of the funds available to the department.



1010. The department, by and with the approval of the Department of
General Services, may sell grazing permits or otherwise dispose of
excess vegetation or other products, produced on lands acquired by
the department.


1011. The department may:
(a) Procure insurance for its employees against special hazards in
connection with their duties occasioned by the existence of a state
of war, in addition to workers' compensation insurance.
(b) Procure insurance for its employees against injury or death in
the course of performance of their duties arising from airplane
accidents.
(c) Procure insurance on vessels owned or operated by the
department against special hazards occasioned by the existence of a
state of war, in addition to usual hazards.
(d) Procure insurance for itself and landowners who agree to
permit the department to use their land as cooperative hunting,
fishing, conservation or recreational areas, against any liability
resulting from the operation of such hunting, fishing, conservation
or recreational areas.
(e) Procure insurance for itself against any liability resulting
from departmental activities or operations.
(f) Procure insurance for its employees or other persons
authorized by the department to conduct hunter safety training
courses against any public liability or property damage resulting
from such training.
(g) Procure insurance for its employees against injury or death in
the course of the performance of their duties arising from diving,
which includes SCUBA or deep sea diving.
The cost of such insurance shall be a proper charge against and
shall be paid out of the Fish and Game Preservation Fund.



1012. The department may procure insurance for its employees for
injury or death against the liability of the owner or operator of any
vessel boarded by an employee as an observer.



1013. In any lease, easement, or right-of-way entered into whereby
the department leases real property or obtains a grant of easement or
right-of-way in real property for the purpose of constructing,
operating, or maintaining a fish screen, fish ladder, fishweir, or
fishtrap, the department may agree to indemnify and hold harmless the
lessor or grantor by reason of the uses authorized by such lease,
easement, or right-of-way. Insurance may be purchased by the
Department of General Services to protect the department against loss
or expense arising out of such a lease, easement, or right-of-way.



1014. In the event the Department of Parks and Recreation contracts
with the federal government pursuant to Public Law 89-161 for the
administration of recreation development or fish and wildlife
enhancement facilities, as authorized by Section 5006.6 of the Public
Resources Code, the Department of Fish and Game is authorized to
operate, maintain and replace those facilities designated as fish and
wildlife enhancement facilities and to assume all costs of such
operation, maintenance and replacement, subject to appropriation of
funds by the Legislature.



1015. Whenever the department is required, or provided an
opportunity, to assess the adequacy of a project or to provide a
detailed environmental impact statement or similar document pursuant
to Public Law 91-190 or Section 21100, 21101, or 21102 of the Public
Resources Code, or any other provision of law, it shall determine the
extent to which salmon and steelhead resources will be protected
from damage by the project in question, together with the extent to
which the agency or person preparing the plans for such project has
incorporated therein plans for increasing the salmon or steelhead
resources of this state. To the fullest practicable extent, the
department shall advise the commission at one of its regular
scheduled meetings of the state's comments on the project. In no
event shall more than one regular commission meeting transpire
between the time the department renders comments to the requesting
person or agency and the time it reports its findings to the
commission.



1016. (a) Whenever the department determines that an oil sump, as
defined by Section 3780 of the Public Resources Code, is hazardous to
wildlife, but does not constitute an immediate and grave danger to
wildlife, the department shall forthwith notify the State Oil and Gas
Supervisor of such condition in order that he may take action
pursuant to Section 3783 of the Public Resources Code to have such
condition cleaned up or abated. The department in making such
notification shall specify the hazardous conditions.
(b) Whenever the department determines that an oil sump, as
defined by Section 3780 of the Public Resources Code, constitutes an
immediate and grave danger to wildlife, the department shall
forthwith notify the State Oil and Gas Supervisor of such condition
in order that he may take action pursuant to Section 3784 of the
Public Resources Code to have such condition cleaned up or abated.
The department, in making such notification, shall specify the
immediate and grave danger.
(c) The commission shall promulgate such rules and regulations as
are necessary to implement the provisions of this section, including
a reasonable definition of the term "hazardous" for the purposes of
this section. It is the intent of the Legislature that the
department adopt, as a part of such rules and regulations, a
definition of the term "wildlife," as herein employed, which will
provide for reasonable exclusions consistent with effectuating the
wildlife protection purposes of this section.
(d) No provision of this section shall be construed as a
limitation on the authority or responsibilities of the department
with respect to the enforcement or administration of any provision of
state law which it is authorized or required to enforce or
administer.



1017. (a) It is the policy of the state to anticipate and resolve
potential conflicts between the management, conservation, and
protection of fish and wildlife resources and their habitat and
private and public activities that may affect them.
(b) Accordingly, the department may use such informal consultative
procedures prior to taking any formal action as will assist in the
achievement of this policy.
(c) Any costs incurred by the department in engaging in informal
consultative procedures, including, but not limited to, fees charged
by any neutral party acting in the capacity of a mediator, discussion
facilitator, or convener, are a proper charge against any funds
lawfully available to the department for this purpose.
(d) The authority conferred by this section is not intended, and
shall not be construed, to increase, decrease, duplicate, or
supersede any other authority of the department or the commission
under this code or any other provision of law.
(e) As used in this section, "formal action" means the adoption,
amendment, or repeal of any rule, regulation, or order; entering
into, amending, or canceling an agreement; and the issuance,
suspension, or revocation of any permit, license, or other
entitlement.


1018. The director shall use the department's resources, to the
fullest extent feasible, to coordinate with the federal government to
promote the preservation of species, including species listed as
endangered species or threatened species under the federal Endangered
Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the
California Endangered Species Act, Chapter 1.5 (commencing with
Section 2050) of Division 3, and their habitats within the locale of
Isabella Dam and Reservoir in Kern County in order to facilitate the
continued operation of those facilities for flood control and water
conservation storage as authorized by Congress and as provided in an
agreement, dated October 23, 1964, among the United States and
various local public agencies.
Nothing in this section is intended to amend, modify, or alter in
any manner the intent of the California Endangered Species Act.




1019. (a) Subject to an appropriation of funds by the Legislature
for that purpose, for parcels wholly within its jurisdiction acquired
on or after January 1, 2002, the department shall prepare draft
management plans for public review within 18 months of the
recordation date.
(b) (1) On or before February 1 of each year, the department shall
submit a list of lands acquired during the previous two fiscal years
and the status of the management plans for each acquisition to the
fiscal committees of each house of the Legislature.
(2) Each fiscal committee in the Legislature shall consider the
lists described in paragraph (1) in its budget decisions for the
department.