Loading (50 kb)...'

State
California
FGC Sec 1345-1355 Powers and Purposes (Wildlife Conservation Law of 1947)


FISH AND GAME CODE
SECTION 1345-1355





1345. The board shall investigate, study, and determine what areas
within the State are most essential and suitable for wildlife
production and preservation, and will provide suitable recreation;
and shall ascertain and determine what lands within the State are
suitable for game propagation, game refuges, bird refuges, waterfowl
refuges, game farms, fish hatcheries, game management areas, and what
streams and lakes are suitable for, or can be made suitable for,
fishing, hunting, and shooting.



1346. The board shall also ascertain what lands are suitable for
providing cover for the propagation and rearing in a wild state of
waterfowl, shore birds, and upland birds, and the possibilities of
acquiring easements on such lands to provide such cover.




1347. As a result of the studies, the board shall determine what
areas, lands, or rights in lands or waters should be acquired by the
state in order to effectuate a coordinated and balanced program
resulting in the maximum restoration of wildlife in the state and in
the maximum recreational advantages to the people of the state.
This section shall become operative on July 1, 1993.



1348. (a) The board shall authorize the acquisition of such real
property, rights in real property, water, or water rights as may be
necessary to carry out the purposes of this chapter. The board may
authorize acquisition by the department, but the department shall not
acquire any of such property by eminent domain proceedings except
such property as may be necessary to provide access roads or
rights-of-way to areas to be used for fishing the coastal waters of
the Pacific Ocean, and then only if the board of supervisors of the
affected county has agreed by resolution to those proceedings for
each parcel of land, and has further agreed by resolution to maintain
the road or right-of-way. The board may authorize acquisition by
the State Public Works Board, which may effect acquisitions pursuant
to the Property Acquisition Law, Part 11 (commencing with Section
15850) of Division 3 of Title 2 of the Government Code.
(b) For the purposes of this chapter and Chapter 4.1 (commencing
with Section 1385), the board may authorize the acquisition of
interests in real property and water rights by means of gifts,
purchases, leases, easements, the transfer or exchange of property
for other property of like value, transfers of development rights or
credits, and purchases of development rights, conservation easements,
and other interests.
(c) To further implement this chapter and Chapter 4.1 (commencing
with Section 1385), the board may authorize the department to do any
of the following:
(1) Accept federal grants and receive gifts, donations,
subventions, rents, royalties, and other financial support from
public or private sources. Proceeds received from any of these
sources shall be deposited in the Wildlife Restoration Fund.
(2) Notwithstanding any other provision of law, lease, sell,
exchange, or otherwise transfer any real property, interest in real
property, or option acquired by or held under the jurisdiction of the
board or the department. Except as provided in Section 1355,
proceeds from transactions entered into pursuant to this paragraph
shall be deposited in the Wildlife Restoration Fund.
(3) Lease degraded potential wildlife habitat real property to
nonprofit organizations, local governmental agencies, or state and
federal agencies if the lessee agrees to restore the real property to
its highest possible wildlife habitat value and maintain the real
property at that highest possible wildlife habitat value. Proceeds
from any lease or rental and interest thereon shall be deposited in
the Wildlife Restoration Fund.
(4) Acquire former wildlife habitat real property, including
riparian habitat real property, restore and sell the real property,
or any interest therein, to private owners, local governmental
agencies, or state departments and agencies or exchange the property
for other real property, if a written and recorded agreement is first
secured to keep and maintain the real property as wildlife habitat
in perpetuity. The agreement shall contain a reversion if the real
property sold or exchanged is not maintained as wildlife habitat.
The agreement containing the reversion shall be set forth in any
conveyance transferring any real property, interest in real property,
or option subject to this section. Proceeds from the sales shall be
deposited in the Wildlife Restoration Fund.




1348.1. Before the board authorizes the purchase of any land, or
any interest therein, the board shall notify all owners of record of
adjacent parcels of land of the intent of the board to purchase the
land. The notice to the adjacent owners of land and the public
notice shall include an explanation of the proposed use of the land
by the department.



1348.2. When the board acquires real property, other than by
eminent domain, the purchase price for the real property shall not
exceed the fair market value of the property, as defined in Section
1263.320 of the Code of Civil Procedure. The fair market value shall
be set forth in an appraisal that is (a) prepared by a licensed real
estate appraiser, and (b) approved by the Department of General
Services.



1348.3. (a) No governmental entity may condemn any wildlife
conservation easement acquired by a state agency, except as provided
in subdivision (b). As used in this section, the following terms
have the following meanings:
(1) "Public use" as used in Article 6 (commencing with Section
1240.510) and Article 7 (commencing with Section 1240.610) of Chapter
3 of Title 7 of Part 3 of the Code of Civil Procedure means
privately owned lands managed for habitat in public trust.
(2) "Wildlife" has the same meaning as set forth in Section 711.2.

(3) "Wildlife conservation easement" means a recorded conservation
easement, as defined in Section 815.1 of the Civil Code, that exists
or will exist for at least 10 years and that is acquired and held by
a state agency and administered primarily for the benefit of
wildlife.
(b) Prior to the initiation by a governmental entity of
condemnation proceedings against a wildlife conservation easement
acquired by a state agency, the governmental entity shall give notice
to the holder of the easement, provide an opportunity for the holder
of the easement to consult with the governmental agency, provide the
holder of the easement the opportunity to state its objections to
the condemnation, and provide a response to the objections. Article
6 (commencing with Section 1240.510) and Article 7 (commencing with
Section 1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of
Civil Procedure shall apply to condemnation proceedings initiated by
a governmental entity against a wildlife conservation easement
acquired by a state agency. In those proceedings, the condemning
governmental entity shall be required to prove by clear and
convincing evidence that its proposed use satisfies the requirements
of Article 6 (commencing with Section 1240.510) or Article 7
(commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3
of the Code of Civil Procedure.



1349. No farm lands may be acquired under the provisions of this
chapter by proceedings in eminent domain except by specific
authorization of the Legislature, notwithstanding any provision of
Section 1348. Nothing in this section shall apply to any proceedings
to acquire farm lands when the owner thereof has consented to, or
requested the institution of, such proceedings.



1350. (a) The department shall, when authorized by the board,
construct in accordance with law such facilities as are suitable for
the purpose for which the real property or rights in real property or
water, or water rights were acquired. Each completed project shall
be managed and maintained by the department.
The department, with the approval of the board, may enter into
agreements with any other department or agency of this state, any
local agency, or nonprofit organization, to provide for the
construction, management, or maintenance of the facilities authorized
by the board, and such other department or agency of this state,
local agency, or nonprofit organization, and each of them may
construct, manage, or maintain those facilities pursuant to the
agreement. Work performed by a local agency or nonprofit
organization under those agreements is exempt from Chapter 3
(commencing with Section 14250), of Part 5 of Division 3 of Title 2
of the Government Code. However, nothing in this section shall be
construed to exempt any work from Part 7 (commencing with Section
1720) of Division 2 of the Labor Code.
(b) The department, when authorized by the board, may apply for
and accept federal grants, and receive gifts, donations, and other
financial support from public or private sources to be used for fish
and wildlife habitat enhancement, including riparian habitat
restoration projects on real property or waters for which the state
obtains an interest. Funds received from any of those sources shall
be deposited in the Wildlife Restoration Fund.
(c) The board may award grants or loans to nonprofit
organizations, local governmental agencies, federal agencies, and
state agencies for the purposes of fish and wildlife habitat
restoration, enhancement, management, protection and improvement of
riparian resources, and for development of compatible public access
facilities in the same manner and subject to the same terms and
conditions as prescribed in Section 31116 of the Public Resources
Code. Proceeds from repayment of any loans and the interest thereon
shall be deposited in the Wildlife Restoration Fund.



1351. Each recreational area shall be so managed and controlled
that the public shall have access to and use of the area for all
recreational purposes.


1352. (a) The money in the Wildlife Restoration Fund, as provided
for by Section 19632 of the Business and Professions Code, is
available for expenditure under any provision of this chapter.
(b) All federal moneys made available for projects authorized by
the board shall be deposited in the Wildlife Restoration Fund. Any
unexpended balances of such federal moneys remaining on or after June
30, 1979, in any other fund shall be transferred to the Wildlife
Restoration Fund.



1352.5. (a) The San Francisco Baylands Restoration Program Account
is hereby established within the Wildlife Restoration Fund, as
provided for by Section 19632 of the Business and Professions Code,
for the purpose of acquiring and restoring wetlands and lands that
may be enhanced to support wetlands in the San Francisco Bay area in
order to achieve the objectives of the Baylands Ecosystem Habitat
Goals Report (Goals Report).
(b) Funds in the account may be expended by the board to acquire
any lands identified in the Goals Report that are available for
acquisition subject to the following conditions:
(1) The purchase price shall not exceed the fair market value of
the property, as determined by an appraisal conducted pursuant to
Section 1348.2. The appraisal shall also consider and describe all
the specific requirements and restrictions of relevant state and
federal laws, including, but not limited to, the McAteer-Petris Act
(Title 7.2 (commencing with Section 66600) of the Government Code),
related to the property value and development potential of lands
considered for acquisition in the shoreline band of the San Francisco
Bay area.
(2) The board has determined any of the following:
(A) Funds are available to implement the recommendations and
objectives of the Goals Report for a significant portion of the
property to be acquired by the board.
(B) Sufficient funding and authority exists for the long-term
maintenance of all levees and dikes and all other land-use management
requirements necessary to avoid environmental degradation for the
property proposed to be acquired by the board.
(C) The property to be acquired by the board has no unique
long-term maintenance requirements or has no land-use management
requirements necessary to avoid environmental degradation.
(3) If the board determines to acquire all or a portion of the
Cargill property, a matching federal appropriation for the
acquisition of the Cargill property shall be deposited into an
account solely for the acquisition of the Cargill property or a
portion thereof.
(4) The board has consulted with the State Coastal Conservancy and
determined that the proposed acquisition is consistent with most of
the goals of the San Francisco Bay Area Conservancy Program, as
described in Section 31162 of the Public Resources Code.
(5) The acquisition of the property will not result in any
liability to the state for the cleanup of hazardous materials.
(c) "Cargill property," for purposes of this section, means all
property owned by the Cargill Salt Division that Cargill proposes to
sell to the state and federal governments.



1353. The board may purchase such boats, aircraft, or equipment as
it deems necessary for the use of the department for the improvement
and protection of marine fisheries.



1354. The board may authorize the acquisition of such lands or
rights in land as may be necessary for the purpose of furnishing
public access to lands or waters open to the public for fishing,
hunting and shooting. The board may authorize such acquisition by
the department.



1355. The net proceeds of the sale or other disposition of real
property used as a fish hatchery that has been acquired by or is
under the jurisdiction of the board or the department, either in
easement or in fee, shall be deposited in the Wildlife Restoration
Fund or the Fish and Game Preservation Fund, as determined by the
board, and shall be available for acquisition, enhancement,
restoration, or construction projects for the benefit of wildlife.