Fish and Game Code - Chapter 5 of Division 2; Department of Fish and Wildlife - Fish and Game Management (secs. 1500 - 1591)

FISH AND GAME CODE - FGC DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1940] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) CHAPTER 5. Fish and Game Management [1500 - 1591] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ARTICLE 1. Generally [1500 - 1506] ( Article 1 enacted by Stats. 1957, Ch. 456. ) 1500. The department may, with the approval of the commission and the Department of General Services, exchange any portion of the property lying within the boundaries of any area or range referred to in this section for any property within or contiguous to such area or range or may sell any portion of the property within such boundaries and with the proceeds thereof acquire any property within or contiguous to such area or range; provided, that no exchange or sale of property authorized in this section shall materially reduce the total area of any range or area referred to in this section. A copy of each deed of conveyance executed and delivered by the department, and of each deed conveying lands to the state, pursuant to this section shall be delivered to the State Lands Commission. The provisions of this section apply to all of the following: (a) The Doyle Deer Winter Range, located in Lassen County. (b) The Tehama Deer Winter Range, located in Tehama County. (c) The Honey Lake Waterfowl Management Area, located in Lassen County. (d) The Imperial Waterfowl Management Area, located in Imperial County. (e) The Mendota Waterfowl Management Area, located in Fresno County. (f) The San Jacinto Wildlife Area, located in Riverside County. (g) The Lakes Earl/Talawa Wildlife Area, located in Del Norte County. (h) The Santa Rosa Mountains Bighorn Sheep Reserve, located in Riverside County. (i) The Camp Cady Wildlife Area, located in San Bernardino County. (j) The Butte Valley Wildlife Area, located in Siskiyou County. (k) The Ash Creek Wildlife Area, located in Lassen and Modoc Counties. (l) The Moss Landing Wildlife Area, located in Monterey County. (Amended by Stats. 1987, Ch. 1358, Sec. 1.) 1500.5. With respect to exchanging or selling any property pursuant to Section 1500, the director, with respect to any parcel containing 15 acres or less, shall except and javascript:submitCodesValues('1500.','4.8.1','1987','1358','1',%20'id 6b686905-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1500.5.','4.8.1','1987','1358','2',%20'id 6b69efa7-291f-11d9-b345-da121e20f3eb') reserve to the state all mineral deposits, as defined in Section 6407 of the Public Resources Code, below a depth of 500 feet, without surface rights of entry. As to any parcel containing more than 15 acres, the director shall except and reserve to the state all mineral deposits, as defined in Section 6407 of the Public Resources Code, together with the right to prospect for, mine, and remove the deposits. The rights to prospect for, mine, and remove shall be limited to those areas of the property conveyed which the director, after consultation with the State Lands Commission, determines to be reasonably necessary for the removal of the resources and deposits. (Added by Stats. 1987, Ch. 1358, Sec. 2.) 1501. The department may expend such funds as may be necessary for the improvement of property, including nonnavigable lakes and streams, riparian zones, and upland, in order to restore, rehabilitate, and improve fish and wildlife habitat. The improvement activities may include, but are not limited to, the removal of barriers to migration of fish and wildlife and the improvement of hatching, feeding, resting, and breeding places for wildlife. The department may undertake the services and habitat improvement work on private, public, and public trust lands without the state acquiring an interest in the property. (Amended by Stats. 1989, Ch. 1400, Sec. 1. Effective October 2, 1989.) 1501.5. (a) The department may enter into contracts for fish and wildlife habitat preservation, restoration, and enhancement with public and private entities whenever the department finds that the contracts will assist in meeting the department’s duty to preserve, protect, and restore fish and wildlife. (b) The department may grant funds for fish and wildlife habitat preservation, restoration, and enhancement to public agencies, Indian tribes, and nonprofit entities whenever the department finds that the grants will assist it in meeting its duty to preserve, protect, and restore fish and wildlife. (c) Contracts authorized under this section are contracts for services and are governed by Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. No work under this section is public work or a public improvement, and is not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (d) This section does not apply to contracts for any of the following: javascript:submitCodesValues('1501.','4.8.1','1989','1400','1',%20'id 6b69efa9-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1501.5.','4.8.1','1990','1425','1',%20'id 6b69efab-291f-11d9-b345-da121e20f3eb') (1) Construction of office, storage, garage, or maintenance buildings. (2) Drilling wells and installation of pumping equipment. (3) Construction of permanent hatchery facilities, including raceways, water systems, and bird exclosures. (4) Construction of permanent surfaced roadways and bridges. (5) Any project requiring engineered design or certification by a registered engineer. (6) Any contract, except contracts with public agencies, nonprofit organizations, or Indian tribes that exceed fifty thousand dollars ($50,000) in cost, excluding the cost for gravel, for fish and wildlife habitat preservation, restoration, and enhancement for any one of the following: (A) Fish screens, weirs, and ladders. (B) Drainage or other watershed improvements. (C) Gravel and rock removal or placement. (D) Irrigation and water distribution systems. (E) Earthwork and grading. (F) Fencing. (G) Planting trees or other habitat vegetation. (H) Construction of temporary storage buildings. (Amended by Stats. 1990, Ch. 1425, Sec. 1.) 1502. The department, in accordance with policies established by the commission, may provide for the feeding of game birds, mammals, or fish at such times as natural foods therefor are not available, and may provide suitable area or areas for such feeding, and may for those purposes expend such money as is necessary from the Fish and Game Preservation Fund. (Enacted by Stats. 1957, Ch. 456.) 1503. The department shall provide for the feeding of deer wherever the director finds that natural forage is unavailable therefor due to excessive snow. The times, extent, and manner of such feeding shall be prescribed by the director. In carrying out the provisions of this section neither the department nor the director shall be bound by any policy determination or regulation of the commission, it being the purpose of this section to commit to the independent discretion of the director all matters within the purview of this section. No deer shall be fed pursuant to this section upon any privately owned land without the consent of the owner or person in lawful possession of such land. javascript:submitCodesValues('1502.','4.8.1','1957','456','',%20'id 6b69efad-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1503.','4.8.1','1957','456','',%20'id 6b6b764f-291f-11d9-b345-da121e20f3eb') (Enacted by Stats. 1957, Ch. 456.) 1504. (a) When income is derived directly from real property acquired and operated by the state as a wildlife management area, and regardless of whether income is derived from property acquired after October 1, 1949, the department may pay annually to the county in which the property is located an amount equal to the county taxes levied upon the property at the time title to the property was transferred to the state. The department may also pay the assessments levied upon the property by any irrigation, drainage, or reclamation district. (b) Any delinquent penalties or interest applicable to any of those assessments made before September 9, 1953, are hereby canceled and shall be waived. (c) Payments provided by this section shall only be made from funds that are appropriated to the department for the purposes of this section. (d) As used in this section, the term “wildlife management area” includes waterfowl management areas, deer ranges, upland game bird management areas, and public shooting grounds. (e) Any payment made under this section shall be made on or before December 10 of each year, with the exception of newly acquired property for which payments shall be made pursuant to subdivision (f). (f) Any payments made for the purposes of this section shall be made within one year of the date title to the property was transferred to the state, or within 90 days from the date of designation as a wildlife management area, whichever occurs first, prorated for the balance of the year from the date of designation as a wildlife management area to the 30th day of June following the date of designation as a wildlife management area, and, thereafter, payments shall be made on or before December 10 of each year. (g) Notwithstanding any other law, payments provided under this section shall not be allocated to a school district, a community college district, or a county superintendent of schools. (Amended by Stats. 2015, Ch. 24, Sec. 1. Effective June 24, 2015.) 1505. (a) The department may manage, control, and protect the portions of the following spawning areas that occupy state-owned lands, to the extent necessary to protect fishlife in these areas: (1) The Sacramento River between Keswick and Squaw Hill Bridge, near Vina. (2) The Feather River between Oroville and the mouth of Honcut Creek. javascript:submitCodesValues('1504.','4.8.1','2015','24','1',%20'id cf703996-1f3e-11e5-82bb-d8493aae43af') javascript:submitCodesValues('1505.','4.8.1','2015','154','37',%20'id 0c7f4b9e-a8f9-11e5-8711-995af6b52998') (3) The Yuba River between Englebright Dam and a point approximately four miles east of Marysville. (4) The American River between Nimbus Dam and a point one mile downstream from Arden Way. (5) The Mokelumne River between Pardee Dam and Lockeford. (6) The Stanislaus River between Goodwin Dam and Riverbank. (7) The Tuolumne River between La Grange Dam and the Geer Road (J14) Bridge. (8) The Merced River between Crocker Huffman Dam and Cressey. (9) The Trinity River between Lewiston Dam and the confluence of the North Fork Trinity, near Helena. (10) The Eel River, from Fort Seward to Lake Pillsbury. (11) The South Fork Eel River. (12) The Middle Fork Smith River, from its mouth to Knopti Creek. (13) The South Fork Smith River, from its mouth to Harrington Creek. (14) The Salmon River, from its mouth to Rush Creek on the South Fork Salmon River, to Carter Meadow on the east fork of the South Fork Salmon River, and to Finley Camp on the North Fork Salmon River. (15) Battle Creek, from its mouth to Coleman Powerhouse. (16) The Cosumnes River, from Meiss Road Bridge to Latrobe Road Bridge. (17) The Van Duzen River, from Yager Creek to the falls 11/2 miles above Bloody Run Creek. (18) The Mad River, from Blue Lake Bridge to Bug Creek. (19) The Middle Fork Eel River. (20) The Mattole River. (21) The Noyo River. (22) The Big River, Mendocino County. (23) The Gualala River. (24) The Garcia River, Mendocino County. (b) In the event of a conflict between an action of the department pursuant to this section and the action of another department or agency of the state or another public agency, the action of the Department of Fish and Wildlife taken pursuant to this section shall prevail, except in the event of conflict with the following actions: (1) An action of the state or regional water quality control boards in establishing waste discharge requirements. (2) An action required for commerce and navigation. (3) An action by a public agency that is reasonably necessary for bridge crossings, water conservation or utilization, or flood protection projects, including the construction, maintenance, and operation thereof. This paragraph shall not apply to the depositing of materials, other than necessary structural materials, in, or the removing of materials from the streambeds in the areas designated in this section, other than as necessary for the installation of structures. (c) The director shall disapprove a stream alteration of a prime salmon or steelhead spawning area on land of which ownership has not been legally determined, when in the director’s opinion the alteration would prove deleterious to fishlife. (Amended by Stats. 2015, Ch. 154, Sec. 37. Effective January 1, 2016.) 1506. (a) For purposes of this section, the following definitions apply: (1) “Managed wetland habitat” means artificially irrigated and intensively managed wetland habitat administered primarily for the benefit of waterfowl and other wetland-dependent species. (2) “Best management practices” means management strategies jointly developed by the department, the State Department of Public Health, and mosquito abatement and vector control districts, in consultation with the Central Valley Habitat Joint Venture, for the ecological control of mosquitoes on managed wetland habitat. (3) “Wildlife management area” has the same meaning as set forth in subdivision (d) of Section 1504. (4) “Mosquito abatement and vector control district” has the same meaning as set forth in subdivision (f) of Section 2002 of the Health and Safety Code. (b) (1) A mosquito abatement and vector control district whose district boundaries include one or more wildlife management areas or a mosquito abatement and vector control district in which vectors and vectorborne diseases from a wildlife management area may enter the district shall periodically, or at least semiannually, notify the department of those areas that are of concern due to the potential for high mosquito populations that may incur associated mosquito control costs. (2) (A) To reduce mosquito production at those wildlife management areas described in paragraph (1), the department shall consult with local mosquito abatement and vector control districts to identify those areas within wildlife management areas having the highest need for additional mosquito reduction through the implementation of best management practices. (B) If the wetland occupies land outside the jurisdictional boundaries of a mosquito abatement and vector control district, the department may consult with the State Department of Public Health to determine which best management practices can be implemented in the absence of an organized local mosquito control program. (c) This section does not affect existing authority of a mosquito abatement and vector control district under Section 2040 of the Health and Safety Code. javascript:submitCodesValues('1506.','4.8.1','2014','494','2',%20'id 772e0e28-7f22-11e4-81a7-b6ff98f2fa81') (Added by Stats. 2014, Ch. 494, Sec. 2. Effective January 1, 2015.) ARTICLE 2. Wildlife Management Areas and Game Farms [1525 - 1530] ( Article 2 enacted by Stats. 1957, Ch. 456. ) 1525. For the purposes of propagating, feeding and protecting birds, mammals, and fish, and establishing wildlife management areas or public shooting grounds the department, with the approval of the commission, may do all of the following: (a) Accept, on behalf of the state, donations of birds, mammals, and fish, and of money given or appropriated. Those donations shall be used for the purposes for which they are accepted, and, as nearly as may be, for any purpose indicated by the donor. (b) Acquire, by purchase, lease, rental or otherwise, and occupy, develop, maintain, use and administer, land, or land and nonmarine water, or land and nonmarine water rights, suitable for state game farms, wildlife management areas, or public shooting grounds. (Amended by Stats. 2000, Ch. 385, Sec. 1. Effective January 1, 2001.) 1526. Any property acquired for wildlife management areas or public shooting grounds shall be acquired in the name of the State, and shall, at all times, be subject to such rules and regulations as may be prescribed from time to time by the commission for the occupation, use, operation, protection, and administration of such property as wildlife management areas or public shooting grounds. (Enacted by Stats. 1957, Ch. 456.) 1526.4. (a) The department, upon request of the leaseholder, shall extend any existing lease for a recreational homesite on Lower Sherman Island to the holder of any lease of lands under the control of the department, under the following conditions: (1) The existing lease is between the department and an individual person, partnership, or any affiliated group of two or more persons. (2) Subject to subdivision (e), the lease may be extended for the natural life of the person who is the leaseholder on January 1, 1991. With respect to any lease javascript:submitCodesValues('1525.','4.8.2','2000','385','1',%20'id 6b6cfcf9-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1526.','4.8.2','1957','456','',%20'id 6b6cfcfb-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1526.4.','4.8.2','1991','323','1',%20'id 6b6cfcfd-291f-11d9-b345-da121e20f3eb') to an affiliated group or an association of persons, the lease shall expire upon the death of the last individual who is a leaseholder on January 1, 1991. (3) The lease, or any interest therein, may not be transferred, bequeathed, hypothecated, encumbered, sublet, assigned, sold, alienated, exchanged, or otherwise changed to the benefit of another party. The leaseholder shall annually certify to the department that he or she has not transferred, bequested, hypothecated, encumbered, sublet, assigned, sold, alienated, or exchanged the lease for consideration or by gift, or otherwise. (4) If a lease is violated or breached by the leaseholder at any time during the life of the leaseholder, the lease may be terminated by the department within 30 days of the receipt by the department of actual or constructive notice of the breach. (b) All leases entered into pursuant to this section shall include the following: (1) A requirement for public access to navigable waters adjacent to the lease properties. (2) A provision prohibiting the introduction and cultivation of exotic plant species and requiring existing exotic plant species to be removed according to a plan developed by the department. (3) A provision establishing the right of the department and county employees to inspect the property for the purposes of monitoring and enforcing the conditions of the lease. (4) A provision requiring the lessee, within 60 days after the lease is extended, and annually thereafter, to provide the department with proof that (A) the lessee will remove the buildings and all ancillary structures and facilities necessary to return the area to a natural condition, or (B) the lessee has made arrangements for the removal of the buildings and all ancillary structures and facilities necessary to return the area to a natural condition, upon termination of the lease. (c) The department shall develop a plan for the removal of nonnative plants from the island. The plan shall include, at a minimum, the following: (1) The type and location of nonnative plants. (2) The relative threat that these plants pose to the natural environment of the island. (3) A time schedule for the leaseholders to remove the nonnative plants within 200 yards of the leaseholders’ structures. (d) Proceeds from the leases of lands under the control of the department on Lower Sherman Island shall be deposited in the Fish and Game Preservation Fund and used for the purpose of enforcing and monitoring those lease terms and managing the Lower Sherman Island Wildlife area. (e) The department shall, on or before July 31, 1991, and annually thereafter, review all leases of land subject to subdivision (a) under the control of the department and, as soon as possible, charge the fair market rate on those leases of land. (Added by Stats. 1991, Ch. 323, Sec. 1. Effective August 5, 1991.) 1527. The department shall do all things necessary to secure a valid title in the State to the property acquired for wildlife management areas or public shooting grounds but no payment shall be made therefor until the title is satisfactory to the Attorney General, and is vested in the State. The acquisition of the property by the State is not prohibited by reason of rights of way, easements, or reservations which, from their nature, in the opinion of the department, will in no manner interfere with the use of the property for the purpose for which it is acquired. (Enacted by Stats. 1957, Ch. 456.) 1528. Lands, or lands and water, acquired for public shooting grounds, state marine (estuarine) recreational management areas, or wildlife management areas shall be operated on a nonprofit basis by the department. Multiple recreational use of wildlife management areas is desirable and that use shall be encouraged by the commission. Except for hunting and fishing purposes, only minimum facilities to permit other forms of multiple recreational use, such as camping, picnicking, boating, or swimming, shall be provided. Except as provided in Section 1765, and to defray the costs associated with multiple use, the commission may determine and fix the amount of, and the department shall collect, fees for any use privileges. However, tours by organized youth and school groups are exempt from the payment of those fees. Only persons holding valid hunting licenses may apply for or obtain shooting permits for public shooting grounds, state marine (estuarine) recreational management areas, or wildlife management areas. (Amended by Stats. 2000, Ch. 385, Sec. 2. Effective January 1, 2001.) 1529. The output of any state game farm shall be distributed on public lands or where the department determines that the output will receive adequate protection and be most likely to thrive and multiply. (Enacted by Stats. 1957, Ch. 456.) 1530. javascript:submitCodesValues('1527.','4.8.2','1957','456','',%20'id 6b6e839f-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1528.','4.8.2','2000','385','2',%20'id 6b6e83a1-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1529.','4.8.2','1957','456','',%20'id 6b6e83a3-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1530.','4.8.2','1957','456','',%20'id 6b6e83a5-291f-11d9-b345-da121e20f3eb') Except in accordance with the regulations of the commission, it is unlawful to enter upon any wildlife management areas or public shooting grounds established under the provisions of this article, or to take therein any bird or the nest or eggs thereof, or any mammal. The taking of birds and mammals on public shooting grounds shall be regulated by the commission by regulation as provided in this section. Prior to making any such regulation, the commission shall, at an open meeting of the commission, publicly announce the contents of the regulation it proposes to make and at the same time specify a subsequent open meeting to be held not less than 30 days thereafter at which it will take final action on the proposed regulation. (Enacted by Stats. 1957, Ch. 456.) ARTICLE 3. Shared Habitat Alliance for Recreational Enhancement Program [1570 1574] ( Article 3 repealed and added by Stats. 2003, Ch. 758, Sec. 2. ) 1570. In establishing the Shared Habitat Alliance for Recreational Enhancement (“SHARE”) program, it is the intent of the Legislature to encourage private landowners to voluntarily make their land available to the public for wildlife dependent recreational activities. The Legislature further encourages private landowners to use any funds received from the SHARE program for wildlife conservation purposes on their property. The SHARE program shall be a collaborative effort by all participants to facilitate wildlife-dependent recreational activities on private land at minimal expense to the state. The Legislature declares that interested nongovernmental organizations are the key to developing, planning, and implementing the SHARE program. (Amended by Stats. 2004, Ch. 183, Sec. 110. Effective January 1, 2005.) 1571. For purposes of this article, the following definitions apply: (a) “Agreement” includes, but is not limited to, a contract, license, easement, memorandum of understanding, or lease. (b) “Partnership” means a collaborative effort involving financial or in-kind contributions by nongovernmental organizations, the department, and other interested parties working in concert to achieve the goals of the program. (c) “Private landowner” means an owner of any possessory interest in real property that is suitable for use for wildlife-dependent recreational activities. (d) “Program” means the SHARE program established under this article. javascript:submitCodesValues('1570.','4.8.3','2004','183','110',%20'id 5ef5364f-6450-11d9-bd27-c8be9b78b918') javascript:submitCodesValues('1571.','4.8.3','2009','394','1',%20'id 1d7366cb-ebba-11de-aa4f-c3d036d29b9f') (e) “Wildlife-dependent recreational activities” means hunting, fishing, wildlife observation, conservation education, and related outdoor activities through means that are consistent with applicable law. (Amended by Stats. 2009, Ch. 394, Sec. 1. Effective January 1, 2010.) 1572. (a) There is hereby established the Shared Habitat Alliance for Recreational Enhancement (SHARE) program. The department, in partnership with nonprofit conservation groups and other interested nongovernmental organizations that seek to increase and enhance wildlife-dependent recreational opportunities, shall work cooperatively to implement the program in order to facilitate public access to private lands in a voluntary and incentive-based manner. (b) The department shall adopt regulations for the management and control of wildlife-dependent recreational activities on land that is subject to the program. The department shall report to the commission annually on the status of the program and maintain data on the types of wildlife-dependent recreational activities preferred by landowners and participants in the program. (c) (1) The SHARE Account is hereby established in the Fish and Game Preservation Fund. Money deposited in the account from the sources cited in this subdivision shall only be used for the purposes set forth in this article. (2) Consistent with existing law, the department may establish and impose user fees, use existing hunting and fishing license stamp or tag fees from the Fish and Game Preservation Fund, or apply for grants, federal funds, or other contributions from other sources to fund the program. General Fund moneys shall not be used for the program. (3) All funding generated pursuant to paragraph (2) from grants, federal funds, or other sources, where the person or entity providing the funds specifically designates in writing prior to the time of transmittal of the funds to the department that the funds are intended solely for the purposes of the program, and any user fees assessed by the department specifically for the program, shall be deposited in the SHARE Account in the Fish and Game Preservation Fund. The moneys in the account, upon appropriation by the Legislature, shall be available for expenditure by the department solely for programs and projects to benefit the program and for the direct costs and administrative overhead incurred solely in carrying out the department’s program activities. Funds may also be used for wildlife conservation purposes on lands subject to an agreement under the program. Administrative overhead shall be limited to the reasonable costs associated with the direct administration of the program. The department shall maintain internal accountability necessary to ensure that all restrictions on the expenditure of these funds are met. javascript:submitCodesValues('1572.','4.8.3','2009','394','2',%20'id 1e86365d-ebba-11de-aa4f-c3d036d29b9f') (d) The department may make grants to, or enter into agreements with, nonprofit organizations, governmental entities, or any other entities for the use of the funds described in subdivision (c) when the department finds that the agreements are necessary for carrying out the purposes of this article. (e) The program is not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (f) The department may reimburse a nonprofit organization, a private landowner, or other entity for its costs related to the implementation of the program. (Amended by Stats. 2009, Ch. 394, Sec. 2. Effective January 1, 2010.) 1573. (a) (1) The department may enter into a voluntary agreement with a private landowner, including an agreement under which the private landowner is compensated by the department for public use of the land, to provide public access for wildlife-dependent recreational activities. Any financial compensation offered to a private landowner pursuant to this paragraph shall not exceed thirty dollars ($30) per acre, or fifty dollars ($50) per public participant per day, and shall be commensurate with the quality of the wildlife-dependent recreational opportunities that are to be provided on the property. (2) The department also may enter into a voluntary agreement with a private landowner to facilitate access to adjacent public lands or waters, upon approval of the governmental entity that holds title to the land. This article does not authorize a private landowner to exclude persons not participating in the SHARE program from using public land for wildlife-dependent recreational activities. (3) The department may enter into a voluntary agreement with a governmental entity to provide wildlife-dependent recreational opportunities to the public on public lands or waters. (b) Notwithstanding any other provision of law, the department shall keep confidential and not release to the public any personal identifying information received from a private landowner participating in the program, unless the director determines that release of that information is necessary for the administration of the program. (c) Either the department or a private landowner may, in writing, modify or cancel an agreement executed under the program, at any time. Upon cancellation or modification of the agreement by either party, the other party shall be reimbursed for any lost revenues or expenses incurred pursuant to the terms of the original agreement. (d) In addition to any other protection or remedy under law, the protections and remedies afforded to an owner of an estate or any other interest in real property javascript:submitCodesValues('1573.','4.8.3','2009','394','3',%20'id 1f9fbcaf-ebba-11de-aa4f-c3d036d29b9f') under Section 846 of the Civil Code shall apply to a private landowner, nonprofit organization, or other entity participating in the program. (e) The department shall require every person who wants to use land that is subject to an agreement pursuant to subdivision (a), prior to using that land, to sign a waiver that releases the department or any private group, nonprofit organization, governmental entity, or other organization involved in administering the program, and the private landowner, from liability for any injury or damage that arises from, or is connected with that person’s use of the land. Upon request, the department shall provide a copy of the waiver to any of the parties to the waiver. (f) An agreement executed pursuant to the program shall not authorize the take of nongame species by public participants in the program. An agreement may not authorize a private landowner to transfer a hunting or fishing license, stamp, or tag to another person, unless otherwise authorized by law. (g) In determining which lands may be included in the program, the department shall give priority to those lands with the greatest wildlife habitat value. To the extent possible, the department shall also include in the program private lands that permit multiple wildlife-dependent recreational activities, in order to take into consideration the participation of the general public in the program. (Amended by Stats. 2009, Ch. 394, Sec. 3. Effective January 1, 2010.) 1574. (a) The department may revoke, for up to three years, the public access privilege granted pursuant to this article, of any person who violates any provision of this code or regulation adopted pursuant to this code while on any property that is subject to an agreement under the program. (b) The department shall enforce all applicable regulations established by the commission or the department on property that is subject to an agreement executed under the program. (Amended by Stats. 2009, Ch. 394, Sec. 4. Effective January 1, 2010.) ARTICLE 3.5. Cooperative Hunting Areas [1575- 1575.] ( Article 3.5 added by Stats. 2007, Ch. 285, Sec. 21.5. ) 1575. To provide added protection for landowners from the depredation of trespassers and to provide additional hunting opportunities to public hunters and private landowners, the department may contract with landowners for the establishment javascript:submitCodesValues('1574.','4.8.3','2009','394','4',%20'id 20b87fb1-ebba-11de-aa4f-c3d036d29b9f') javascript:submitCodesValues('1575.','4.8.4','2007','285','21.5',%20'id 904ebec6-a011-11dc-ae2c-e58b95706686') of cooperative hunting areas according to terms as the respective parties may agree upon, subject to the following conditions: (a) Cooperative deer and elk hunting areas shall be at least 5,000 acres in size, including the open, restricted, and portions thereof, and may consist of the adjoining lands of one or more owners. (b) The boundaries of each area shall be posted by the department with a sign stating legal hunting may be allowed in the area if written permission is obtained from the owner or their duly authorized agent. (c) The department shall enforce the trespass provisions of the Penal Code and the provisions of this code within these areas. (d) The commission may establish regulations and set fees for the management and control of hunting in these areas. (Added by Stats. 2007, Ch. 285, Sec. 21.5. Effective January 1, 2008.) ARTICLE 4. Ecological Reserves [1580 - 1587] ( Article 4 added by Stats. 1968, Ch. 1257. ) 1580. The Legislature hereby declares that the policy of the state is to protect threatened or endangered native plants, wildlife, or aquatic organisms or specialized habitat types, both terrestrial and nonmarine aquatic, or large heterogeneous natural gene pools for the future use of mankind through the establishment of ecological reserves. For the purpose of establishing those ecological reserves, the department, with the approval of the commission, may obtain, accept on behalf of the state, acquire, or control, by purchase, lease, easement, gift, rental, memorandum of understanding, or otherwise, and occupy, develop, maintain, use, and administer land, or land and nonmarine water, or land and nonmarine water rights, suitable for the purpose of establishing ecological reserves. Any property obtained, accepted, acquired, or controlled by the department pursuant to this article may be designated by the commission as an ecological reserve. The commission may adopt regulations for the occupation, utilization, operation, protection, enhancement, maintenance, and administration of ecological reserves. The ecological reserves shall not be classified as wildlife management areas pursuant to Section 1504 and shall be exempt from Section 1504. (Amended by Stats. 2000, Ch. 385, Sec. 3. Effective January 1, 2001.) 1581. javascript:submitCodesValues('1580.','4.8.5','2000','385','3',%20'id 6b7190f5-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1581.','4.8.5','1968','1257','',%20'id 6b731797-291f-11d9-b345-da121e20f3eb') Any property acquired in fee for ecological reserves shall be acquired in the name of the state, and shall, at all times, be subject to such rules and regulations as may be prescribed from time to time by the commission for the occupation, use, operation, protection, and administration of such property as ecological reserves. (Added by Stats. 1968, Ch. 1257.) 1582. The department shall do all things necessary to secure a valid title in the state to the property acquired in fee for ecological reserves but no payment shall be made therefor until the title is vested in and satisfactory to the state. No such land will be acquired by eminent domain. (Added by Stats. 1968, Ch. 1257.) 1583. Except in accordance with the regulations of the commission it is unlawful to enter upon any ecological reserves established under the provisions of this article, or to take therein any bird or the nest or eggs thereof, or any mammal, fish, mollusks, crustaceans, amphibia, reptiles or any other form of plant or animal life. (Added by Stats. 1968, Ch. 1257.) 1584. As used in this article, “ecological reserve” means land or land and water areas that are designated as an ecological reserve by the commission pursuant to Section 1580 and that are to be preserved in a natural condition, or which are to be provided some level of protection as determined by the commission, for the benefit of the general public to observe native flora and fauna and for scientific study or research. (Amended by Stats. 1993, Ch. 667, Sec. 2. Effective January 1, 1994.) 1585. Notwithstanding Section 1580, which sets forth the primary purposes of ecological reserves, the department may construct facilities and conduct programs in ecological reserves it selects to provide natural history education and recreation if those facilities and programs are compatible with the protection of the biological resources of the reserve. As provided in Sections 1764 and javascript:submitCodesValues('1582.','4.8.5','1968','1257','',%20'id 6b731799-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1583.','4.8.5','1968','1257','',%20'id 6b73179b-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1584.','4.8.5','1993','667','2',%20'id 6b73179d-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1585.','4.8.5','1988','1539','4',%20'id 6b73179f-291f-11d9-b345-da121e20f3eb') 1765, the department may control access, use, and collect fees for selected ecological reserves. (Added by Stats. 1988, Ch. 1539, Sec. 4.) 1586. The Upper Newport Bay Ecological Reserve Maintenance and Preservation Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated, without regard to fiscal years, to the department for purposes related to the maintenance and preservation of the Upper Newport Bay Ecological Reserve. (Amended by Stats. 1999, Ch. 66, Sec. 1. Effective July 6, 1999.) 1587. (a) The Mirage Trail within the Magnesia Spring Ecological Reserve shall be open nine months of the year during the months of May to January, inclusive, and closed for three months during the months of February to April, inclusive, to recreational hiking if the commission determines that all of the following conditions are met: (1) Local public agencies or other nonstate entities will assume complete financial responsibility for the following as determined to be necessary by the commission: (A) Fencing to dissuade hikers from traversing beyond the trail and into sensitive Peninsular bighorn sheep habitat. (B) Signage and educational materials to educate hikers about Peninsular bighorn sheep. (2) A single entity has been designated to fulfill the financial arrangements and other terms and conditions determined by the commission to be necessary pursuant to paragraph (1). (3) The entity designated pursuant to paragraph (2) has committed to expend at least one hundred thousand dollars ($100,000) by January 1, 2018, to monitor the Peninsular bighorn sheep, consistent with the Coachella Valley Multiple Species Habitat Conservation Plan. (b) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. (Amended by Stats. 2013, Ch. 594, Sec. 1. Effective January 1, 2014. Repealed as of January 1, 2018, by its own provisions.) javascript:submitCodesValues('1586.','4.8.5','1999','66','1',%20'id 6b7317a1-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1587.','4.8.5','2013','594','1',%20'id 9da74be6-6e81-11e3-8818-ebf46b809fe7') ARTICLE 5. Classification of Marine Managed Areas with Harvest Restrictions [1590 1591] ( Article 5 added by Stats. 2000, Ch. 385, Sec. 4. ) 1590. The commission may designate, delete, or modify state marine recreational management areas established by the commission for hunting purposes, state marine reserves, and state marine conservation areas, as delineated in subdivision (a) of Section 36725 of the Public Resources Code. The commission shall consult with, and secure concurrence from, the State Park and Recreation Commission prior to modifying or deleting marine reserves and marine conservation areas designated by the State Park and Recreation Commission. The commission shall not delete or modify state marine recreational management areas designated by the State Park and Recreation Commission. (Amended by Stats. 2003, Ch. 610, Sec. 5. Effective January 1, 2004.) 1591. (a) The Marine Managed Areas Improvement Act (Chapter 7 (commencing with Section 36600) of Division 27 of the Public Resources Code) establishes a uniform classification system for state marine managed areas and is incorporated herein by reference. Any proposals for marine protected areas made after January 1, 2002, shall follow the guidelines set forth in that act. Pursuant to Section 36750 of the Public Resources Code, all marine protected areas in existence and not reclassified in accordance with the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3) on January 1, 2002, shall be reclassified by the State Interagency Coordinating Committee established pursuant to Section 36800 of the Public Resources Code into one of the following classifications: (1) State marine reserve. (2) State marine park. (3) State marine conservation area. (b) State marine recreational management areas established by the commission for hunting purposes, state marine reserves, and state marine conservation areas shall be designated, deleted, or modified by the commission pursuant to that act. The restrictions and allowable uses applicable to those areas are as set forth in that act. (Amended by Stats. 2003, Ch. 610, Sec. 6. Effective January 1, 2004.) javascript:submitCodesValues('1590.','4.8.6','2003','610','5',%20'id 6b749e45-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1591.','4.8.6','2003','610','6',%20'id 6b749e47-291f-11d9-b345-da121e20f3eb')