CCLME.ORG - Fish and Game Code Div. 1 200-250
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State
California
FGC Division 1, Sections 200-250 Fish and Game Authority

CA Codes (fgc:200-220)FISH AND GAME CODE
SECTION 200-220


200. There is hereby delegated to the commission the power to
regulate the taking or possession of birds, mammals, fish, amphibia,
and reptiles to the extent and in the manner prescribed in this
article.
No power is delegated to the commission by this article to
regulate the taking, possessing, processing, or use of fish,
amphibia, kelp, or other aquatic plants for commercial purposes, and
no provision of this code relating or applying thereto, nor any
regulation of the commission made pursuant to such provision, shall
be affected by this article or any regulation made under this
article.


201. Nothing in this article confers upon the commission any power
to regulate any natural resources or commercial or other activity
connected therewith, except as specifically provided.



202. The commission shall exercise its powers under this article by
regulations made and promulgated pursuant to this article.
Regulations adopted pursuant to this article shall not be subject to
the time periods for the adoption, amendment, or repeal of
regulations prescribed in Sections 11343.4, 11346.4, 11346.8, and
11347.1 of the Government Code.



203. Any regulation of the commission pursuant to this article
relating to resident game birds, game mammals and furbearing mammals
may apply to all or any areas, districts, or portions thereof, at the
discretion of the commission, and may do any or all of the following
as to any or all species or subspecies:
(a) Establish, extend, shorten, or abolish open seasons and closed
seasons.
(b) Establish, change, or abolish bag limits and possession
limits.
(c) Establish and change areas or territorial limits for their
taking.
(d) Prescribe the manner and the means of taking.
(e) Establish, change, or abolish restrictions based upon sex,
maturity, or other physical distinctions.



203.1. When adopting regulations pursuant to Section 203, the
commission shall consider populations, habitat, food supplies, the
welfare of individual animals, and other pertinent facts and
testimony.


204. The commission has no power under this article to make any
regulation authorizing or permitting the taking of:
(a) Any bird or mammal in any refuge heretofore or hereafter
established by statute, the taking or possession of which shall be
regulated pursuant to Sections 10500 to 10506, inclusive.
(b) Elk, the taking or possession of which shall be regulated
pursuant to Section 332.
(c) Antelope, the taking or possession of which shall be regulated
pursuant to Section 331.
(d) Any spike buck or spotted fawn. "Spotted fawn" means a young
deer born that year which has spotted pelage. "Spike buck" means a
male deer with unbranched antlers on both sides which are more than
three inches in length.
Any regulation establishing a season to compensate for closure of
an area due to extreme fire hazard shall be made pursuant to Section
306.
Any regulation setting a special hunting season for mammals,
except deer, or game birds which have increased in number to such an
extent that a surplus exists or which are damaging property or are
overgrazing their range shall be made pursuant to Section 325.




205. Any regulation of the commission pursuant to this article
which relates to fish, amphibia, and reptiles, may apply to all or
any areas, districts, or portion thereof, at the discretion of the
commission, and may do any or all of the following as to any or all
species or subspecies:
(a) Establish, extend, shorten, or abolish open seasons and closed
seasons.
(b) Establish, change, or abolish bag limits, possession limits,
and size limits.
(c) Establish and change areas or territorial limits for their
taking.
(d) Prescribe the manner and the means of taking.



206. (a) In addition to, or in conjunction with, other regular or
special meetings, the commission shall, at least every three years,
hold meetings in the first 10 days of August, October, November, and
December for the purpose of considering and adopting revisions to
regulations relating to fish, amphibians, and reptiles. The
commission shall alternate the locations of the August and December
meetings between Los Angeles or Long Beach and Sacramento, and the
October and November meetings between San Diego and Redding or Red
Bluff.
(b) At the August meeting, the commission shall receive
recommendations for regulations from its own members and staff, the
department, other public agencies, and the public.
(c) At the October and November meetings, the commission shall
devote time for open public discussion of proposed regulations
presented at the August meeting. The department shall participate in
this discussion by reviewing and presenting its findings regarding
each regulation proposed by the public and by responding to
objections raised pertaining to its proposed regulations. After
considering the public discussion, the commission shall announce,
prior to adjournment of the November meeting, the regulations it
intends to add, amend, or repeal relating to fish, amphibians, and
reptiles.
(d) At the December meeting, the commission may choose to hear
additional public discussion regarding the regulations it intends to
adopt. At, or within 20 days after, the meeting, the commission
shall add, amend, or repeal regulations relating to any
recommendation received at the August meeting regarding fish,
amphibians, and reptiles it deems necessary to preserve, properly
utilize, and maintain each species or subspecies.
(e) Within 45 days after adoption, the department shall publish
and distribute regulations adopted pursuant to this section.



207. (a) In addition to, or in conjunction with, other regular or
special meetings, the commission shall hold meetings in the first 10
days of the months of February, March, and April at least once every
three years for the purpose of considering and adopting revisions to
regulations relating to mammals. The commission shall alternate the
location of the February meeting between Sacramento and Los Angeles
or Long Beach. The commission shall alternate the location of the
March meeting between San Diego and Redding or Red Bluff. The
commission shall alternate the location of the April meeting between
Sacramento and Los Angeles or Long Beach.
(b) At the February meeting, the commission shall receive
recommendations for regulations from its own members and staff, the
department, other public agencies, and the public.
(c) At the March meeting, the commission shall devote time for
open public discussion of proposed regulations presented at the
February meeting. The department shall participate in this
discussion by reviewing and presenting its findings regarding each
regulation proposed by the public and by responding to objections
raised pertaining to its proposed regulations. After considering the
public discussion, the commission shall announce, prior to
adjournment of the March meeting, the regulations it intends to add,
amend, or repeal relating to mammals.
(d) At, or within 20 days after, the April meeting, the commission
may choose to hear additional public discussion regarding the
regulations it intends to adopt. At, or within 20 days after, the
meeting, the commission shall add, amend, or repeal regulations
relating to any recommendations received at the February meeting
regarding mammals that it deems necessary to preserve, properly
utilize, and maintain each species or subspecies.
(e) Within 45 days after adoption, the department shall publish
and distribute regulations adopted pursuant to this section.



208. (a) In addition to, or in conjunction with, other regular or
special meetings, the commission shall hold meetings in June and
August at least once every three years for the purpose of considering
and adopting revisions to regulations relating to resident game
birds.
(b) At the June meeting, the commission shall receive
recommendations for regulations from its own members and staff, the
department, other public agencies, and the public.
(c) At, or within 20 days after, the August meeting, the
commission shall devote time for open public discussion of proposed
regulations presented at the June meeting. The department shall
participate in this discussion by reviewing and presenting its
findings regarding each regulation proposed by the public and by
responding to objections raised pertaining to its proposed
regulations. After considering the public discussion, the
commission, at, or within 20 days after, the August meeting, shall
add, amend, or repeal regulations relating to any recommendation
received at the June meeting regarding resident game birds that it
deems necessary to preserve, properly utilize, and maintain each
species or subspecies.
(d) Within 45 days after adoption, the department shall publish
and distribute regulations adopted pursuant to this section.



209. (a) The commission shall determine and give notice of the date
and location of the first meeting required to be held during a year
by Sections 206, 207, and 208 at least 60 days prior to that first
meeting. The commission shall give notice of any change in the date
or location of that first meeting at least 30 days prior to the
meeting date.
(b) The commission shall cause to be published the notice required
in subdivision (a) in each newspaper of general circulation, as
defined in Section 6000 of the Government Code, with an average daily
circulation of 50,000 or more.
(c) The commission shall set the dates of its meetings in order to
provide maximum time for public review of proposed regulations
consistent with the proper management of the species or subspecies
affected. All meetings required by Sections 206, 207, and 208 shall
be open to the public and, to the extent feasible, held in state
facilities.


210. (a) The commission shall provide copies of the regulations
added, amended, or repealed pursuant to subdivision (e) of Section 206, subdivision (e) of Section 207, and subdivision (d) of Section 208 to each county clerk, each district attorney, and each judge of
the superior court in the state.
(b) The commission and the department may do anything that is
deemed necessary and proper to publicize and distribute regulations
so that persons likely to be affected will be informed of them. The
failure of the commission to provide any notice of its regulations,
other than by filing them in accordance with Section 215, shall not
impair the validity of the regulations.
(c) The department or the license agent may give a copy of the
current applicable published regulations to each person issued a
license at the time the license is issued.
(d) Notwithstanding any other provision of law, the commission and
the department may contract with private entities to print
regulations and other regulatory and public information. Printing
contracts authorized by this subdivision and for which no state funds
are expended are not subject to Chapter 2 (commencing with Section
10290) of Part 2 of Division 2 of the Public Contract Code, except
for Article 2 (commencing with Section 10295) of Chapter 2.



211. (a) Material printed pursuant to subdivision (d) of Section 210 that contains advertisements shall meet all specifications
prescribed by the department. The printed material shall not contain
advertisements for tobacco products, alcohol, firearms and devices
prohibited pursuant to Sections 12020, 12220, and 12280 of the Penal
Code, or firearms not authorized by the commission as a legal method
of sport-hunting, political statements, solicitations for membership
in organizations, or any other statement, solicitation, or product
advertisement that is in conflict with the purposes for which the
material is produced, as determined by the commission. The printing
contract shall include criteria to ensure that the public information
provided in the publication is easy to reference, read, and
understand.
(b) Neither the department nor the commission shall contract with
private entities to print the materials described in subdivision (d)
of Section 210 if the letting of those contracts will result in the
elimination of civil service positions.



215. Every regulation of the commission made pursuant to this
article shall be filed with the Secretary of State, and shall become
effective at the time specified therein, but not sooner than the date
of the filing.


217.5. (a) The department shall identify property it owns or
manages that includes areas for sport fishing which are accessible to
disabled persons.
(b) Commencing with the booklet of sport fishing regulations
published by the commission in 1986, the availability of sport
fishing areas, identified by the department as accessible to disabled
persons under subdivision (a), shall be noted in the booklet of
regulations, together with telephone numbers and instructions for
obtaining a list of those areas from regional department offices.



217.6. Commencing with the booklet of sportfishing regulations
published in 1987, the booklet shall also contain any human health
advisories relating to fish which are formally issued by the State
Department of Health Services or summaries of those human health
advisories. The summaries shall be prepared in consultation with the
State Department of Health Services.



218. Any regulation of the commission made pursuant to this article
shall be subject to review in accordance with law by any court of
competent jurisdiction.


219. Any regulation adopted pursuant to this article may supersede
any section of this code designated by number in the regulation, but
shall do so only to the extent specifically provided in the
regulation. A regulation which is adopted pursuant to this section
shall be valid only to the extent that it makes additions, deletions,
or changes to this code under one of the following circumstances:
(a) The regulation is necessary for the protection of fish,
wildlife, and other natural resources under the jurisdiction of the
commission.
(b) The commission determines that an emergency exists or will
exist unless the action is taken. An emergency exists if there is an
immediate threat to the public health, safety, and welfare, or to
the population or habitat of any species.
A regulation which is adopted pursuant to this section shall be
supported by written findings adopted by the commission at the time
of the adoption of the regulation setting forth the basis for the
regulation.
A regulation adopted pursuant to this section shall remain in
effect for not more than 12 months from its effective date.




220. (a) Any regulation of the commission added or amended pursuant
to this article shall remain in effect for the period specified
therein or until superseded by subsequent regulation of the
commission or by statute.
(b) Notwithstanding this article, the commission may add, amend,
or repeal regulations at any regular or special meeting if facts are
presented to the commission which were not presented at the time the
original regulations were adopted and if the commission determines
that those regulations added, amended, or repealed are necessary to
provide proper utilization, protection, or conservation of fish and
wildlife species or subspecies.

240. (a) Notwithstanding any other provisions of this code, the
commission, when promulgating regulations pursuant to any authority
otherwise vested in it by this code, may, after at least one hearing,
adopt an emergency regulation or order of repeal pursuant to Section 11346.1 of the Government Code if it makes either of the following
findings:
(1) That the adoption of a regulation or order of repeal of a
regulation is necessary for the immediate conservation, preservation,
or protection of birds, mammals, reptiles, or fish, including, but
not limited to, any nests or eggs thereof.
(2) That the adoption of a regulation or order of repeal of a
regulation is necessary for the immediate preservation of the public
peace, health and safety, or general welfare.
(b) Except as provided herein, any regulation or order of repeal
adopted pursuant to the provisions of this section shall be otherwise
subject to review by the Office of Administrative Law conducted
pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5
of Part 1 of Division 3 of Title 2 of the Government Code.

250. If Article 1 (commencing with Section 200) ceases to be
effective, all regulations adopted pursuant to that article which are
in effect on the day of final adjournment of the regular session of
the Legislature in the year in which the article ceases to have
effect are continued as statutory enactments and shall have the same
force and effect as if enacted by the Legislature. Whenever, in any
such regulation of the commission continued under this section, a
period of time is designated with reference to a particular year,
that period of time is applicable on a continuing basis in each
succeeding year. All regulations of the commission, insofar as
practicable, shall be phrased in general terms to facilitate the
operation of this section.