Fish and Game Code - Chapter 3 of Division 2; Department of Fish and Wildlife - Other Powers and Duties (secs. 1000 - 1227)

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 3. Other Powers and Duties [1000 - 1227] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ARTICLE 1. Generally [1000 - 1021] ( Heading of Article 1 renumbered from Article 1.5 by Stats. 1984, Ch. 1162, Sec. 2. ) 1000. The department shall expend funds necessary for biological research and field investigation and for the collection and diffusion of statistics and information that pertain to the conservation, propagation, protection, and perpetuation of birds and their nests and eggs, and of mammals, reptiles, amphibians, and fish. (Amended by Stats. 2015, Ch. 154, Sec. 28. Effective January 1, 2016.) 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). javascript:submitCodesValues('1000.','4.4.1','2015','154','28',%20'id f1ade874-a8f8-11e5-8711-995af6b52998') javascript:submitCodesValues('1000.6.','4.4.1','1985','1231','2',%20'id 6ae4e1f3-291f-11d9-b345-da121e20f3eb') (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. (Added by Stats. 1985, Ch. 1231, Sec. 2.) 1001. Nothing in this code or any other law shall prohibit the department from taking, for scientific, propagation, public health or safety, prevention or relief of suffering, or law enforcement purposes, fish, amphibians, reptiles, mammals, birds, and the nests and eggs thereof, or any other form of plant or animal life. (Amended by Stats. 2007, Ch. 285, Sec. 11. Effective January 1, 2008.) 1002. (a) The department may issue permits, subject to restrictions and regulations that the department 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, amphibians, reptiles, or any other form of plant or animal life. (b) The department may issue a permit that is valid for 36 months from the date of issuance on the payment of a nonrefundable application fee of one hundred dollars ($100) and a permit fee of three hundred dollars ($300), 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 to authorize only the banding of birds and the exhibition of live or dead wildlife specimens by public zoological gardens, scientific, or educational institutions. (d) (1) The department may issue a special student permit that is valid for 12 months from the date of issuance on the payment of a nonrefundable application fee of twenty-five dollars ($25) and a permit fee of fifty dollars ($50), as adjusted under Section 713, to any student in a school of collegiate level or a commercial fishing class who is required by an instructor 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. (2) All fish taken under permit for a commercial fishing class student shall be taken in accordance with state law, except that Sections 7850, 7880, and 7881 javascript:submitCodesValues('1001.','4.4.1','2007','285','11',%20'id 93e441aa-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('1002.','4.4.1','2012','559','13',%20'id aae2d759-46f9-11e2-ac4f-f0351c4cc022') do not apply. All fish taken under a permit for a commercial fishing class student 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 commercial fishing classes. (e) It is not necessary for the holder of the permit to have a sport fishing or hunting license to collect any fish, amphibian, reptile, aquatic animal or plant, bird, or mammal for scientific, educational, or propagation purposes in this state. (f) Nothing in this section authorizes any act which violates Section 597 of the Penal Code. (g) 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. (h) The adjustment of the nonrefundable application fee and permit fees pursuant to Section 713 that are specified in subdivisions (b) and (d) shall be applicable to permits issued on or after January 1, 2013. (i) The department, by regulation, may adjust the amount of the fees specified in subdivisions (b) and (d) as necessary to fully recover, but not exceed, all reasonable administrative and implementation costs of the department relating to those permits. (j) No permit under this section is required for species listed as threatened or endangered pursuant to the California Endangered Species Act, when an entity holds a valid permit or memorandum of understanding for the subject species and the proposed activities, issued pursuant to Section 2081. (k) No permit under this section is required for fully protected species listed in Section 3511, 4700, 5050, or 5515 if the entity holds a valid memorandum of understanding issued by the department for the subject species and proposed activities, in accordance with the respective section. (l) A permit or amendment issued pursuant to Section 1002 is not transferable between individuals or entities. (m) If a permitholder fails to submit information or reports required in a permit, the department shall revoke an existing permit, and may decline to issue a permit to that person or entity in subsequent years. (Amended by Stats. 2012, Ch. 559, Sec. 13. Effective January 1, 2013.) 1002.5. (a) The department may issue a permit pursuant to Section 1002 to an appropriate public, private, or nonprofit entity, or a person, as determined by the department, in the name of a principal scientific investigator or the permitted entity or person. javascript:submitCodesValues('1002.5.','4.4.1','2012','559','14',%20'id ada838eb-46f9-11e2-ac4f-f0351c4cc022') (b) The department may approve individual temporary employees or volunteers to work under the permit, after receiving notification from the permittee. The permittee shall have adequate supervision over any temporary employees or volunteers approved to work under the permit. (c) A permittee that allows a temporary employee or volunteer to work under a permit without approval from the department in accordance with this section is subject to Section 12000. (d) The department shall charge a fee pursuant to subdivision (b) of Section 1002 for the issuance of a permit authorized by this section. If the department determines that the costs to issue a permit authorized by this section are greater than the costs to issue a permit pursuant to Section 1002, the department may charge a permit fee in an amount that is greater than the amount imposed by subdivision (b) of Section 1002 to recover those additional costs. (e) The department may amend a permit issued under this section, including, but not limited to, the addition or removal of individual temporary employees or volunteers working under the permit, on the payment of a nonrefundable application fee of one hundred dollars ($100), as adjusted under Section 713 or regulations adopted by the department. (Amended by Stats. 2012, Ch. 559, Sec. 14. Effective January 1, 2013.) 1003. Mammals, birds and their nests and eggs, fish and their eggs, reptiles, amphibians, mollusks, crustaceans, or any other form of plant or animal life taken under the provisions of a scientific or propagation permit issued pursuant to Section 1002 may be shipped or transported anywhere within or without the state if prior written approval is obtained from the department and the shipment is accompanied by the name, address, and permit number of the person holding the scientific or propagation permit. (Amended by Stats. 2015, Ch. 154, Sec. 29. Effective January 1, 2016.) 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. (Enacted by Stats. 1957, Ch. 456.) 1005. javascript:submitCodesValues('1003.','4.4.1','2015','154','29',%20'id f3c4e196-a8f8-11e5-8711-995af6b52998') javascript:submitCodesValues('1004.','4.4.1','1957','456','',%20'id 6ae7ef3b-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1005.','4.4.1','1957','456','',%20'id 6ae7ef3d-291f-11d9-b345-da121e20f3eb') 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. (Enacted by Stats. 1957, Ch. 456.) 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. (Added by Stats. 1987, Ch. 296, Sec. 1.) 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. (Amended by Stats. 1972, Ch. 974.) 1007. The department may import, propagate, and distribute birds, mammals, or fish. (Enacted by Stats. 1957, Ch. 456.) 1008. javascript:submitCodesValues('1005.5.','4.4.1','1987','296','1',%20'id 6ae7ef3f-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1006.','4.4.1','1972','974','',%20'id 6ae7ef41-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1007.','4.4.1','1957','456','',%20'id 6ae7ef43-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1008.','4.4.1','1957','456','',%20'id 6ae7ef45-291f-11d9-b345-da121e20f3eb') 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. (Enacted by Stats. 1957, Ch. 456.) 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. (Enacted by Stats. 1957, Ch. 456.) 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. (Amended by Stats. 1965, Ch. 371.) 1011. (a) The department may procure insurance for any of the following purposes: (1) 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 those hunting, fishing, conservation or recreational areas. (2) For its employees or other persons authorized by the department to conduct hunter education training courses against any public liability or property damage resulting from that training. (b) The cost of insurance procured pursuant to subdivision (a) shall be a proper charge against and shall be paid out of the Fish and Game Preservation Fund. (Amended by Stats. 2007, Ch. 285, Sec. 12. Effective January 1, 2008.) 1012. javascript:submitCodesValues('1009.','4.4.1','1957','456','',%20'id 6ae975e7-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1010.','4.4.1','1965','371','',%20'id 6ae975e9-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1011.','4.4.1','2007','285','12',%20'id 942cbc5c-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('1012.','4.4.1','1980','886','1',%20'id 6aeafc8d-291f-11d9-b345-da121e20f3eb') 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. (Added by Stats. 1980, Ch. 886, Sec. 1. Effective September 14, 1980.) 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. (Amended by Stats. 1965, Ch. 371.) 1014. If 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 Wildlife is authorized to operate, maintain, and replace those facilities designated as fish and wildlife enhancement facilities and to assume all costs of that operation, maintenance, and replacement, subject to appropriation of funds by the Legislature. (Amended by Stats. 2015, Ch. 154, Sec. 30. Effective January 1, 2016.) 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 javascript:submitCodesValues('1013.','4.4.1','1965','371','',%20'id 6aeafc8f-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1014.','4.4.1','2015','154','30',%20'id f5d942a8-a8f8-11e5-8711-995af6b52998') javascript:submitCodesValues('1015.','4.4.1','1971','933','',%20'id 6aeafc93-291f-11d9-b345-da121e20f3eb') department renders comments to the requesting person or agency and the time it reports its findings to the commission. (Added by Stats. 1971, Ch. 933.) 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. (Amended by Stats. 1979, Ch. 1076.) 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. javascript:submitCodesValues('1016.','4.4.1','1979','1076','',%20'id 6aeafc95-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1017.','4.4.1','1984','611','1',%20'id 6aec8237-291f-11d9-b345-da121e20f3eb') (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. (Added by Stats. 1984, Ch. 611, Sec. 1.) 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. (Added by Stats. 1997, Ch. 525, Sec. 1. Effective January 1, 1998.) 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. javascript:submitCodesValues('1018.','4.4.1','1997','525','1',%20'id 6aec8239-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1019.','4.4.1','2003','62','94',%20'id 6aec823b-291f-11d9-b345-da121e20f3eb') (2) Each fiscal committee in the Legislature shall consider the lists described in paragraph (1) in its budget decisions for the department. (Amended by Stats. 2003, Ch. 62, Sec. 94. Effective January 1, 2004.) 1020. (a) The department and the commission shall develop a strategic plan to implement proposals arising from any of the following: (1) The strategic vision developed and submitted to the Governor and the Legislature pursuant to Section 12805.3 of the Government Code. (2) Any legislation enacted relating to the strategic vision process. (3) The department’s own proposals for reform. (b) (1) The department and the commission may contract for consultants to assist in the preparation of the strategic plan pursuant to subdivision (a). (2) Contracts entered into pursuant to paragraph (1) shall terminate no later than December 31, 2015. (3) Contracts entered into pursuant to paragraph (1) shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (Added by Stats. 2012, Ch. 559, Sec. 15. Effective January 1, 2013.) 1021. (a) The department may take feasible actions to conserve monarch butterflies and the unique habitats they depend upon for successful migration. These actions may include, but are not limited to, habitat restoration on department lands, education programs, and voluntary agreements with private landowners. (b) The department may partner with federal agencies, nonprofit organizations, academic programs, private landowners, and other entities that undertake actions to conserve monarch butterflies and aid their successful migration, including the Monarch Joint Venture. (c) When undertaking actions to conserve monarch butterflies and their habitats pursuant to this section, the department shall use the best available science and consider, as appropriate and feasible, all of the following: (1) Restoring or revegetating monarch caterpillar habitat using regionally or locally appropriate native milkweed species. (2) Restoring or revegetating adult monarch butterfly habitat using regionally or locally appropriate native nectar plant species. (3) Controlling nonnative weed species that threaten native milkweed species, and controlling pests and disease, using current best management practices consistent with integrated pest management principles that pose low risk to monarch butterflies and their habitat. javascript:submitCodesValues('1020.','4.4.1','2012','559','15',%20'id 646cf7d1-46f9-11e2-ac4f-f0351c4cc022') javascript:submitCodesValues('1021.','4.4.1','2015','478','2',%20'id 8e3d8448-a8f8-11e5-8711-995af6b52998') (4) Incorporating diverse tree species, structures, and arrangements when restoring or establishing winter habitat sites to match monarch butterfly preferences for temperature, light, moisture, wind, and other microclimate characteristics. (5) Increasing the number of partnerships and making the most of partnerships to use residential and institutional landscaped areas, agricultural noncropped lands, transportation corridors, and conservation easements to create, restore, or enhance monarch butterfly habitat. (d) The fact that a project applicant or landowner does not enter into a voluntary agreement to protect monarch butterflies shall not be grounds for denying a permit or agreement or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable laws, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Added by Stats. 2015, Ch. 478, Sec. 2. Effective January 1, 2016.) ARTICLE 2. General License Provisions [1050 - 1110] ( Article 2 enacted by Stats. 1957, Ch. 456. ) 1050. (a) All licenses, permits, tags, reservations, and other entitlements authorized by this code shall be prepared and issued by the department. (b) The commission shall determine the form of all licenses, permits, tags, reservations, and other entitlements and the method of carrying and displaying all licenses, and may require and prescribe the form of applications therefor and the form of any contrivance to be used in connection therewith, except for those programs where the department has fee-setting authority, in which case the department shall retain that authority. (c) Whenever this code provides for a permit, license, tag, reservation, application, or other entitlement, the commission, in accordance with the provision, shall prescribe the terms and conditions under which the permit, license, tag, reservation, application, or other entitlement shall be issued, except for those programs where the department has fee-setting authority, in which case the department shall retain that authority. The department shall issue the permit, license, tag, reservation, application, or other entitlement in accordance therewith and with the applicable provisions of law. (d) Except for fees set by the department pursuant to subdivision (e), whenever this code does not specify whether a fee is to be collected, or does not specify the amount of a fee to be collected, or does not expressly prohibit the adjustment of statutorily imposed fees by the commission by reference to this section for the issuance of any license, tag, permit, application, reservation, or javascript:submitCodesValues('1050.','4.4.2','2012','565','5',%20'id b008e53d-46f9-11e2-ac4f-f0351c4cc022') other entitlement, the commission may establish a fee or the amount thereof by regulation. The commission may also provide for the change in the amount of the fee in accordance with Section 713. Fees established by the commission shall be in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to the program with regard to which the fee is paid. The commission may establish a fee structure that provides for the phasing in of new fees leading up to full cost recovery for the department and commission, provided that full cost recovery is achieved within five years of the establishment of the fee. (e) The department may establish fees and may adjust statutorily imposed fees by regulation for the filings, permits, determinations, or other department actions described in Section 711.4, 1002, or 1609. The department also may provide for the change in the amount of the fee in accordance with Section 713. Fees established by the department shall be in an amount sufficient to recover all reasonable administrative and implementation costs of the department relating to the program with regard to which the fee is paid. The department may establish a fee structure that provides for the phasing in of new fees leading up to full cost recovery for the department, provided that full cost recovery is achieved within five years of the establishment of the fee. (f) Whenever this code provides for a license, tag, permit, reservation, or other entitlement, the commission or department, as applicable, may establish a nonrefundable application fee, not to exceed seven dollars and fifty cents ($7.50) sufficient to pay the department’s costs for issuing the license, tag, permit, reservation, or other entitlement and may adjust the application fee in accordance with Section 713. (Amended by Stats. 2012, Ch. 565, Sec. 5. Effective January 1, 2013.) 1050.1. Any license, permit, tag, stamp, or other entitlement authorized pursuant to this code is not valid until it is filled out completely and accurately and the fee authorized or identified in statute or regulation for that entitlement is received and paid to the department or its agent. It is the responsibility of the user to ensure that the license, permit, tag, stamp, or other entitlement is filled out completely and accurately. (Amended by Stats. 2007, Ch. 285, Sec. 13. Effective January 1, 2008.) 1050.3. Notwithstanding any other provision of this code, the department may issue a temporary document that allows the holder of a license, permit, license tag, javascript:submitCodesValues('1050.1.','4.4.2','2007','285','13',%20'id 9475370e-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('1050.3.','4.4.2','2008','98','1',%20'id ca34ac3a-c5f2-11dd-898a-f4578c730531') license stamp, application, reservation, or other entitlement purchased through the Internet to enjoy the privileges of the entitlement for a period not to exceed 30 calendar days from the date of purchase. (Added by Stats. 2008, Ch. 98, Sec. 1. Effective January 1, 2009.) 1050.5. The department may accept a credit card charge as a method of payment. Any contract executed by the department with credit card issuers or draft purchasers shall be consistent with Section 6159 of the Government Code. Notwithstanding Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the Civil Code, the department may impose a surcharge in an amount to cover the cost of providing the credit card service, including reimbursement for any fee or discount charged by the credit card issuer. (Amended by Stats. 1992, Ch. 1005, Sec. 1. Effective January 1, 1993.) 1050.6. (a) Except as otherwise provided in this section, the names and addresses contained in records submitted and retained by the department for the purpose of obtaining recreational fishing and hunting licenses are confidential and are not public records. (b) Notwithstanding any other provision of law, the department may release the confidential information described in subdivision (a) under the following circumstances: (1) To an agent or authorized family member of the person to whom the information pertains. (2) To an officer or employee of another governmental agency when necessary for the performance of his or her official duties. (3) In accordance with Section 391. (4) Pursuant to a court order. (Added by Stats. 2001, Ch. 753, Sec. 1.5. Effective January 1, 2002.) 1050.8. (a) The department may issue collectible, commemorative licenses to any person for purposes of promoting and supporting licensed hunting, fishing, and resource conservation, subject to all of the following: (1) A commemorative license may be designed and produced as the department may determine and shall be clearly marked and identified as a commemorative javascript:submitCodesValues('1050.5.','4.4.2','1992','1005','1',%20'id 6aee08e3-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1050.6.','4.4.2','2001','753','1.5',%20'id 6aee08e5-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1050.8.','4.4.2','2015','683','4',%20'id f81799ea-a8f8-11e5-8711-995af6b52998') license, rendering it invalid for the take of any mammal, bird, fish, reptile, or amphibian. (2) A commemorative license shall not confer any rights, privileges, or other entitlements to any person purchasing or in possession of such a license. (3) Subdivision (a) of Section 1052, Section 1053.1, Article 2 (commencing with Section 3031) of Chapter 1 of Part 1 of Division 4, and Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of Division 6 do not apply to the purchase of a commemorative license. A commemorative license shall not qualify as evidence required in subdivision (a) of Section 3050. (b) All funds derived from the sale of commemorative licenses shall be deposited in the Fish and Game Preservation Fund. (Amended by Stats. 2015, Ch. 683, Sec. 4. Effective January 1, 2016.) 1051. Licenses of each class shall be uniquely numbered. Every license shall contain its expiration date and the fee for which it is issued. If no fee is either required by this code or established by the commission pursuant to Section 1050, the license shall so indicate. (Amended by Stats. 2001, Ch. 112, Sec. 5. Effective January 1, 2002.) 1052. It is unlawful for any person to do any of the following: (a) Transfer any license, tag, stamp, permit, application, or reservation. (b) Use or possess any license, tag, stamp, permit, application, or reservation that was not lawfully issued to the user or possessor thereof or that was obtained by fraud, deceit, or the use of a fake or counterfeit application form. (c) Use or possess any fake or counterfeit license, tag, stamp, permit, permit application form, band, or seal, made or used for the purpose of evading any of the provisions of this code, or regulations adopted pursuant thereto. (d) Predate, fail to date, or alter any date of any license, tag, or permit. (e) Postdate the date of application or the date of issuance of the license, tag, or permit. This subdivision does not apply to the date that a license, tag, or permit is valid. (f) Alter, mutilate, deface, duplicate, or counterfeit any license, tag, permit, permit application form, band, or seal, or entries thereon, to evade the provisions of this code, or any regulations adopted pursuant thereto. (Amended by Stats. 2007, Ch. 285, Sec. 14. Effective January 1, 2008.) 1052.5. javascript:submitCodesValues('1051.','4.4.2','2001','112','5',%20'id 6aee08e7-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1052.','4.4.2','2007','285','14',%20'id 94be4e00-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('1052.5.','4.4.2','2007','285','15',%20'id 950b83a2-a011-11dc-ae2c-e58b95706686') Any stamp issued pursuant to this article is not valid unless affixed to the appropriate license document. (Amended by Stats. 2007, Ch. 285, Sec. 15. Effective January 1, 2008.) 1053.1. (a) A person shall not obtain more than one license, permit, reservation, or other entitlement of the same class, or more than the number of tags authorized by statute or regulation for the same license year, except under one of the following conditions: (1) Nonresident hunting licenses issued pursuant to paragraphs (4) and (5) of subdivision (a) of Section 3031, and short-term sport fishing licenses issued pursuant to paragraphs (3), (4), and (5) of subdivision (a) of Section 7149, and paragraphs (3), (4), and (5) of subdivision (a) of Section 7149.05. (2) The loss or destruction of an unexpired license, tag, permit, reservation, or other entitlement, except a stamp or endorsement, as certified by the applicant’s signed affidavit and proof, as determined by the department, that the original license, tag, permit, reservation, or other entitlement was issued, and payment of a base fee of five dollars ($5). The base fee shall be adjusted annually pursuant to Section 713, not to exceed the fee for the original entitlement, as follows: (A) The adjustment shall apply to the hunting license years commencing on or after July 1, 1996. (B) The adjustment shall apply to the fishing license years commencing on or after January 1, 1996. (3) The loss or destruction of a stamp or endorsement imprinted on a base license and payment of a base fee of three dollars ($3) for each stamp or endorsement replaced on any base license document, adjusted annually pursuant to Section 713, not to exceed the fee for the original entitlement. The base fee in this paragraph shall apply to the 2011 license year. (b) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (Added by Stats. 2010, Ch. 148, Sec. 2. Effective January 1, 2011.) 1053.5. Applicants for hunting licenses pursuant to subdivision (a) of Section 1053.1 shall first satisfactorily complete a hunter education equivalency examination and obtain a certificate of equivalency as provided by regulations adopted by the javascript:submitCodesValues('1053.1.','4.4.2','2010','148','2',%20'id d569ef3c-0698-11e0-bb8e-aff4acffa51b') javascript:submitCodesValues('1053.5.','4.4.2','2015','683','6',%20'id fa0f242c-a8f8-11e5-8711-995af6b52998') commission, or show proof of completion of a hunter education training course, or show a previous year’s hunting license. (Amended by Stats. 2015, Ch. 683, Sec. 6. Effective January 1, 2016.) 1054. (a) It is unlawful to submit, or conspire to submit, any false, inaccurate, or otherwise misleading information on any application or other document offered or otherwise presented to the department for any purpose, including, but not limited to, obtaining a license, tag, permit, or other privilege or entitlement pursuant to this code or regulations adopted thereto. (b) The department may require the applicant for a license, tag, permit, or other privilege or entitlement to show proof of the statements or facts required for the issuance of any license, tag, permit, or other privilege or entitlement. (c) For purposes of this section, “department” includes any department employee, license agent, or any person performing the duties of a department employee or license agent. (Amended by Stats. 2007, Ch. 285, Sec. 17. Effective January 1, 2008.) 1054.2. Every person while engaged in taking any bird, mammal, fish, amphibian, or reptile shall have on his or her person or in his or her immediate possession, or where otherwise specifically required by law to be kept, any license, tag, stamp, or permit that is required in order to take the bird, mammal, fish, amphibian, or reptile. In the case of a person diving from a boat, the license or permit may be kept on the boat, or in the case of a person diving from shore, the license or permit may be kept within 500 yards of the shore. (Amended by Stats. 2007, Ch. 285, Sec. 18. Effective January 1, 2008.) 1054.5. The department may issue and shall collect payment for any entitlement, document, or authorization for which a fee is authorized pursuant to this code. (Amended by Stats. 1992, Ch. 1370, Sec. 5. Effective October 27, 1992.) 1054.8. (a) The department shall establish, and keep current, written policies and procedures relating to the application process and the award of hunting tags for javascript:submitCodesValues('1054.','4.4.2','2007','285','17',%20'id 959c7906-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('1054.2.','4.4.2','2007','285','18',%20'id 95e43068-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('1054.5.','4.4.2','1992','1370','5',%20'id 6af13d45-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1054.8.','4.4.2','2007','285','19',%20'id 962c840a-a011-11dc-ae2c-e58b95706686') fundraising purposes, as authorized pursuant to subdivision (c) of Section 331, subdivision (d) of Section 332, Section 4334, or subdivision (d) of Section 4902. (b) The policies and procedures shall include, but need not be limited to, all of the following: (1) The application process and criteria. (2) A standard application format. (3) An appeal process. (4) A requirement that all applications shall remain sealed until on or after a filing date specified by the department. (c) The department shall make the policies and procedures available to interested parties 30 days before their implementation and shall receive and consider any related recommendations. (d) The department shall not require a minimum tag sale price, except as otherwise provided in this code. (e) It is the intent of the Legislature that the department develop policies and procedures that seek to maximize both the revenues received by the department and participation by qualified nonprofit organizations making application to sell the tags as sellers of the tags. (Amended by Stats. 2007, Ch. 285, Sec. 19. Effective January 1, 2008.) 1055.1. (a) Any person, except a commissioner, officer, or employee of the department, may submit an application to the department to be a license agent to issue licenses, permits, reservations, tags, or other entitlements. (b) A person shall only be authorized to be a license agent to issue licenses, permits, reservations, tags, and other entitlements, upon the written approval of the department. (c) The department may provide licenses, permits, reservations, tags, or other entitlements to authorized license agents and shall collect, prior to delivery, an amount equal to the fees for all licenses, permits, reservations, tags and other entitlements provided. Any license agent who pays the fees prior to delivery for licenses, permits, reservations, tags, or other entitlements is exempt from Sections 1056, 1057, and 1059. Any licenses, permits, reservations, tags, or other entitlements provided pursuant to this subdivision that remain unissued at the end of the license year may be returned to the department for refund or credit, or a combination thereof, within six months of the item expiration date. No credit may be allowed after six months following the last day of the license year. (d) Authorized license agents shall add a handling charge to the fees prescribed in this code or in regulations adopted pursuant to this code for any license, permit, reservation, tag, and other entitlement issued by the license agent in an javascript:submitCodesValues('1055.1.','4.4.2','2015','683','8',%20'id fc1d43ae-a8f8-11e5-8711-995af6b52998') amount that is 5 percent of the face value of the item rounded to the nearest five cents ($0.05). (e) The handling charge added pursuant to subdivision (d) shall be incorporated into the total amount collected for issuing the license, permit, reservation, tag, and other entitlement, but the handling charge shall not be included when determining license fees in accordance with Section 713. A license agent may issue any license, permit, reservation, tag, or other entitlement for any amount up to 10 percent less than the fee prescribed in this code or in regulations adopted pursuant to this code. The license agent shall remit to the department the full amount of the fees as prescribed in this code or in regulations adopted pursuant to this code for all licenses, permits, reservations, tags, and other entitlements issued. (f) The handling charge required by subdivision (d) is the license agent’s only compensation for services. The license agent shall not be entitled to any other additional fee or charge for issuing any license, permit, reservation, tag, or other entitlement authorized pursuant to this section. (g) The department may designate a nonprofit organization, organized pursuant to the laws of this state, or the California chapter of a nonprofit organization, organized pursuant to the laws of another state, as a license agent for the sale of lifetime licenses issued pursuant to Sections 714, 3031.2, and 7149.2. These licenses may be sold by auction or by other methods and are not subject to the fee limitations prescribed in this code. An agent authorized to issue lifetime sport fishing licenses, lifetime hunting licenses, and lifetime sportsman’s licenses under this subdivision is exempt from subdivisions (d) and (f). The license agent shall remit to the department the fees from the sale of lifetime licenses as defined in Sections 714, 3031.2, and 7149.2. (h) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (Amended by Stats. 2015, Ch. 683, Sec. 8. Effective January 1, 2016.) 1055.3. The department may authorize any person other than a commissioner or an officer or employee of the department to issue, as an agent of the department, annual wildlife area passes and native species stamps, and to sell promotional materials and nature study aids pursuant to, and subject to the requirements of, this article. An agent thus authorized may add a handling charge pursuant to subdivisions (f), (g), and (h) of Section 1055 or subdivisions (d), (e), and (f) of Section 1055.1 to the fee prescribed in Article 3 (commencing with Section 1760) of Chapter 7.5 of Division 2 for each annual wildlife area pass or native species stamp issued. (Amended by Stats. 2015, Ch. 154, Sec. 32. Effective January 1, 2016.) javascript:submitCodesValues('1055.3.','4.4.2','2015','154','32',%20'id fe3b68c0-a8f8-11e5-8711-995af6b52998') 1055.6. (a) Except as provided in subdivision (b), each license agent authorized pursuant to Section 1055.1 shall remit to the department the fees prescribed in this code or in regulations adopted pursuant to this code for all licenses, permits, reservations, tags, and other entitlements by electronic means, such as electronic fund transfer. In order to facilitate the prompt remittance of revenues, the department is authorized to withdraw funds from the bank account of the license agent, including adjustments, by electronic transfer. License agents shall ensure that the total fees required for all licenses, permits, reservations, tags, or other entitlements necessary to perform the electronic transfer are available on the date specified by the license agent contract. (b) A license agent shall report to the department on or before the end of the next business day of the department any losses of fees received from the issuing of licenses, permits, reservations, tags, or other entitlements. (c) The license agent may retain not more than fifteen cents ($0.15) of the fee received for each Colorado River special use validation issued pursuant to Section 7180.1 as compensation for services. The license agent shall remit to the department the fees prescribed by Section 7180.1, less any amounts retained under this subdivision, for all Colorado River special use validations issued. The license agent shall remit the net fees as prescribed in subdivision (a). (d) Except as provided in subdivision (b), any fees not transmitted or made available to the department within seven days following the due date as specified by the department are delinquent, and delinquent fees are subject to interest and penalties prescribed in subdivision (b) of Section 1059. Interest and penalties shall be computed beginning one day following the due date as specified by the department. (e) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (Amended by Stats. 2002, Ch. 453, Sec. 2. Effective January 1, 2003.) 1056. A license agent who fails to transmit the fees or accounting reports required by Section 1055.6 not later than 60 days following the due date as specified by the department may be required to execute, in favor of the department, a bond, payable to the department, in a sum determined by the department in order to continue as a license agent. The bond shall secure the accurate accounting and payment to the department of the funds collected and the performance of the duties imposed upon the license agent by this article. (Amended by Stats. 2015, Ch. 683, Sec. 11. Effective January 1, 2016.) javascript:submitCodesValues('1055.6.','4.4.2','2002','453','2',%20'id 6af44a91-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1056.','4.4.2','2015','683','11',%20'id 00462ce2-a8f9-11e5-8711-995af6b52998') 1057. All license, tag, permit, reservation, and other entitlement money shall be accounted for separately from other funds of a license agent, and shall at all times belong to the state. (Amended by Stats. 2002, Ch. 453, Sec. 3. Effective January 1, 2003.) 1058. In case of an assignment for the benefit of creditors, receivership, or bankruptcy, the state shall have a preferred claim against the license agent’s assignee, receiver, or trustee for all moneys owing the state for the issuing of licenses, permits, reservations, tags, and other entitlements as provided in this code and shall not be estopped from asserting that claim by reason of the commingling of funds or otherwise. (Amended by Stats. 2015, Ch. 154, Sec. 33. Effective January 1, 2016.) 1059. (a) The failure or refusal of any license agent to account for licenses, permits, reservations, tags, and other entitlements, or any fees received from their issuance as required by Section 1055.6 or upon demand by an authorized representative of the department is a misdemeanor. (b) In addition to subdivision (a), any license agent who fails to remit fees to the department on or before the date required by Section 1055.6 shall pay interest and penalties prescribed for sales and use taxes and, except as otherwise provided in this code, the department shall collect amounts owing under the procedures prescribed for sales and use taxes provided in Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing with Section 6701) of Part 1 of Division 2 of the Revenue and Taxation Code, insofar as they may be applicable, and for those purposes, “board” means the department. (Amended by Stats. 2015, Ch. 683, Sec. 12. Effective January 1, 2016.) 1061. (a) The department may allow a person to purchase a license voucher as a gift for a licensee when the licensee’s complete and accurate personal information, as defined in regulation, is not provided by the license buyer at the time of purchase. (b) A license purchase voucher entitles the holder of the voucher to redeem it for the specific license, permit, tag, or other privilege or entitlement, and license year for which it was purchased. javascript:submitCodesValues('1057.','4.4.2','2002','453','3',%20'id 6af44a95-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1058.','4.4.2','2015','154','33',%20'id 025780b4-a8f9-11e5-8711-995af6b52998') javascript:submitCodesValues('1059.','4.4.2','2015','683','12',%20'id 0465c746-a8f9-11e5-8711-995af6b52998') javascript:submitCodesValues('1061.','4.4.2','2015','154','34',%20'id 068a06d8-a8f9-11e5-8711-995af6b52998') (c) A license purchase voucher shall expire and be considered void if not redeemed within the license year for which it was purchased. (d) A license purchase voucher may be issued and redeemed by a person authorized by the department to issue licenses. (e) The license agent handling fee, as provided under subdivisions (d), (e), and (f) of Section 1055.1, shall only apply to the sale of the license purchase voucher. (f) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (Amended by Stats. 2015, Ch. 154, Sec. 34. Effective January 1, 2016.) 1065. (a) A nonprofit conservation organization seeking promotion, exposure, and awareness of the organization on the Automated License Data System Online License Service Internet Web site, as feasible, through the display of the organization’s logo, or other graphics agreed upon by the organization and the department, to give a prospective license buyer the opportunity to link electronically to the organization’s Internet home page, shall submit, by September 30 of each year, a letter to the department providing evidence that the organization meets the criteria set forth in subdivision (c). If the department determines that the nonprofit conservation organization is eligible, it shall include the organization’s logo or other graphics in a space with a link to the organization’s Internet home page on the Automated License Data System Online License Service Internet Web site for a time period agreed upon by both parties. (b) The department may impose a charge on a nonprofit conservation organization for inclusion on the Automated License Data System Online License Service Internet Web site pursuant to subdivision (a) that shall not exceed the costs associated with the direct administration of this section. (c) As used in this section, “nonprofit conservation organization” means an entity that the department determines meets all of the following: (1) It is a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)). (2) It is registered with the Attorney General. (3) Its goals and objectives are related to the conservation of sport fish or game species. (4) In at least one of the previous three calendar years, it has entered into, or been obligated under, a contract or other agreement, including, but not limited to, a license, easement, memorandum of understanding, or lease, with the department to perform habitat or other wildlife conservation work, to provide javascript:submitCodesValues('1065.','4.4.2','2012','593','1',%20'id 66df0943-46f9-11e2-ac4f-f0351c4cc022') hunting or fishing opportunities for the public, to raise funds on behalf of the department, including, but not limited to, the sale of hunting fundraising tags or related items, or to otherwise provide assistance to the department that is consistent with the department’s mission. (d) The department shall deposit revenues of the charge imposed pursuant to subdivision (b) in the Fish and Game Preservation Fund, to be available, upon appropriation by the Legislature, exclusively to pay all initial and ongoing costs associated with the direct administration of this section, including, but not limited to, a portion of the costs of making changes to the Automated License Data System necessary to implement this section. (e) The department shall implement the links from the Automated License Data System Online License Service Internet Web site by January 1, 2015, if it determines that date is feasible. (Added by Stats. 2012, Ch. 593, Sec. 1. Effective January 1, 2013.) 1068. (a) Beginning November 1, 1991, the director shall make a grant in installments to a nonprofit organization of sea urchin divers in an amount not to exceed four hundred thousand dollars ($400,000), for the organization to accomplish the following purposes: (1) To establish a communications network among sea urchin divers, through a newsletter and such other means as are deemed necessary and appropriate by the organization, providing divers with information on policies, procedures, statutes, and regulations affecting the sea urchin fishery, meeting announcements, and for other information the department reasonably requests to be transmitted to sea urchin divers. (2) To establish an education program on the conservation and utilization of sea urchins. (3) To convene statewide conferences for members of the industry to meet for purposes of strengthening the industry and benefiting industry goals. The grant shall be paid, upon submission and approval of an annual budget, in quarterly installments, in amounts deemed appropriate by the department, upon the submission to the department of progress reports which demonstrate the continued achievements of the organization toward the intended goals. (b) Prior to making the grant, the director shall verify from the nonprofit organization’s bylaws that it is established for, among other purposes, the protection, conservation, enhancement, and promotion of the sea urchin fishery, and that its membership, including its board of directors, is composed solely of licensed commercial sea urchin divers. (c) The grant shall be funded from revenues received pursuant to former subdivision (b) of Section 8051.1, as that subdivision read on December 31, javascript:submitCodesValues('1068.','4.4.2','1995','615','1',%20'id 6af757df-291f-11d9-b345-da121e20f3eb') 1995. If the department determines that the revenue received from former subdivision (b) of Section 8051.1, as that subdivision read on December 31, 1995, is not sufficient to fund the amount of the grant, including departmental overhead charges which shall be recovered from the revenues received pursuant to that former subdivision (b) of Section 8051.1, the department shall reduce the amount of the grant accordingly. The revenue received pursuant to that former subdivision (b) of Section 8051.1 shall remain available for funding of the grant program pursuant to this subdivision until that revenue is fully encumbered, or the authorized amount of the grant program is expended, whichever event is later. (d) The revenue received pursuant to former subdivision (b) of Section 8051.1 as it read on December 31, 1995, shall first be used to reimburse the department for departmental overhead charges incurred in administering the grant. (Amended by Stats. 1995, Ch. 615, Sec. 1. Effective January 1, 1996.) 1069. The director may enter into an agreement with the Secretary of Food and Agriculture for the collection of an assessment on behalf of any marketing council or commission for fish or seafood organized under the Food and Agricultural Code. The agreement may authorize the department to collect the assessment in conjunction with the collection of landing taxes on those species for which the marketing council or commission is organized. The department shall remit the amount of the assessment collected to the Secretary of Food and Agriculture according to the agreement after making the collection. Prior to remitting the assessments, the department may deduct an administrative fee in an amount agreed to with the Secretary of Food and Agriculture to pay the costs of collection and remission of the assessments. The administrative fees shall be deposited in the Fish and Game Preservation Fund. (Amended by Stats. 2002, Ch. 973, Sec. 1. Effective January 1, 2003.) 1110. Section 1110 as added to this code by the initiative measure adopted at the General Election of November 8, 1938, is set forth at Section 7891 of this code. (Enacted by Stats. 1957, Ch. 456. Note: The provisions of Section 1110, as added November 8, 1938, by initiative Proposition 5, were relocated to Section 7891 in the 1957 code reenactment. This Section 1110 serves as a cross-reference, and it is not part of Article 2, commencing with Section 1050.) ARTICLE 3. State Fish Hatcheries [1120 - 1126] ( Article 3 enacted by Stats. 1957, Ch. 456. ) javascript:submitCodesValues('1069.','4.4.2','2002','973','1',%20'id 6af757e1-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1110.','4.4.2','1957','456','',%20'id 6af757e5-291f-11d9-b345-da121e20f3eb') 1120. The commission shall establish fish hatcheries for stocking the waters of this State with fish. The department shall maintain and operate such hatcheries. (Enacted by Stats. 1957, Ch. 456.) 1121. In any lease entered into whereby the state leases from any county, city, irrigation district, or other public agency in this state, real property for the purpose of establishing or maintaining a fish hatchery, the state may agree to indemnify and hold harmless the lessor by reason of the uses authorized by such lease. Insurance may be purchased by the Department of General Services to protect the state against loss or expense arising out of such an agreement. (Amended by Stats. 1965, Ch. 371.) 1122. Any claim for damages arising against the state under Section 1121 shall be presented to the California Victim Compensation and Government Claims Board in accordance with Section 905.2 of the Government Code, and if not covered by insurance provided pursuant to Section 1121, the claim shall be payable only out of funds appropriated by the Legislature for that purpose. If the state elects to insure its liability under Section 1121, the California Victim Compensation and Government Claims Board may automatically deny the claim. (Amended by Stats. 2006, Ch. 538, Sec. 178. Effective January 1, 2007.) 1122.5. Notwithstanding any other provision of law, the Director of General Services, with the consent of the department, may lease to the Friends of the Mount Whitney Hatchery, at no cost, and subject to any other terms and conditions that the director deems appropriate, for a term not to exceed 25 years, and with the possibility of renewal, the Mount Whitney Fish Hatchery facilities, or any portion thereof, situated in the County of Inyo. The leased portion of the building shall be used for environmental education purposes and other related activities designed to benefit the hatchery and the community. The lease shall require the Friends of the Mount Whitney Fish Hatchery to permit reasonable public access to the facility, to obtain and maintain liability insurance for the leased portion of the facility, and to maintain the leased portion of the facility at all times. The lease shall provide that any work done on the facility shall be performed in javascript:submitCodesValues('1120.','4.4.3','1957','456','',%20'id 6af8de89-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1121.','4.4.3','1965','371','',%20'id 6af8de8b-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1122.','4.4.3','2006','538','178',%20'id faa56fe7-7fac-11db-a5f3-93fd09c2cbb8') javascript:submitCodesValues('1122.5.','4.4.3','2005','563','2',%20'id b9aab137-66eb-11da-9ec3-9c456b75b279') consultation with the State Office of Historic Preservation. The lease shall also provide that the state, agents of the state, the department, and agents of the department shall be held harmless from, and indemnified against, any liability resulting from the acts or omissions of the Friends of the Mount Whitney Fish Hatchery performed in the course of the lease agreement. (Added by Stats. 2005, Ch. 563, Sec. 2. Effective January 1, 2006.) 1123. The department may purchase and import spawn or ova of fish suitable for food, and stock with such spawn or ova the waters of this State. (Enacted by Stats. 1957, Ch. 456.) 1123.5. Notwithstanding Section 1120 or any other provision of law, all funds allocated for fish purchases for the department’s urban fishing program shall be used to purchase all fish and aquatic organisms by contract, pursuant to the requirements of the Public Contract Code, from private registered aquaculture facilities within the state unless the department determines one of the following conditions exists: (a) After reasonable notice, the private facilities are unable to provide the specified fish or aquatic organism. (b) The fish or aquatic organism is infected or diseased. (Added by Stats. 1995, Ch. 810, Sec. 3. Effective January 1, 1996.) 1124. It is unlawful to take any fish in any pond, reservoir, or other water-retaining structure belonging to or controlled by the department and used for propagating, raising, holding, protecting, or conserving fish. (Amended by Stats. 2007, Ch. 285, Sec. 21. Effective January 1, 2008.) 1125. The Secretary of the Interior of the United States and his duly authorized agents may conduct fish cultural operations and scientific investigations in the waters of this State in such a manner and at such times as may be jointly considered necessary and proper by the secretary and his agents, and the commission. (Amended by Stats. 1963, Ch. 1248.) javascript:submitCodesValues('1123.','4.4.3','1957','456','',%20'id 6af8de8f-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1123.5.','4.4.3','1995','810','3',%20'id 6af8de91-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1124.','4.4.3','2007','285','21',%20'id 96c0117e-a011-11dc-ae2c-e58b95706686') javascript:submitCodesValues('1125.','4.4.3','1963','1248','',%20'id 6afa6535-291f-11d9-b345-da121e20f3eb') 1126. Notwithstanding any other provision of law, department personnel may construct or repair bird exclosures at state owned or operated fish hatcheries. These activities shall not be subject to review by the Public Works Board. Nothing in this section exempts the department from complying with any provision of law governing services performed under contract by noncivil service employees. (Added by Stats. 1992, Ch. 1370, Sec. 6. Effective October 27, 1992.) ARTICLE 4. County Fish Hatcheries [1150- 1150.] ( Article 4 enacted by Stats. 1957, Ch. 456. ) 1150. The boards of supervisors of the several counties may establish and maintain fish hatcheries, and may purchase the spawn or ova of fish. (Enacted by Stats. 1957, Ch. 456.) ARTICLE 5. Private Nonprofit Hatcheries [1170 - 1175] ( Article 5 added by Stats. 1970, Ch. 862. ) 1170. The commission may issue a permit, subject to such restrictions and regulations as the commission deems desirable, to a nonprofit organization to construct and operate an anadromous fish hatchery. (Added by Stats. 1970, Ch. 862.) 1171. The commission shall not issue a permit unless it determines the nonprofit organization has the financial capability to successfully construct and operate the hatchery and will diligently and properly conduct the operation authorized under the permit. (Added by Stats. 1970, Ch. 862.) 1172. No permit will be issued which may tend to deplete the natural runs of anadromous fish, result in waste or deterioration of fish, or when the proposed javascript:submitCodesValues('1126.','4.4.3','1992','1370','6',%20'id 6afbebd7-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1150.','4.4.4','1957','456','',%20'id 6afd727b-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1170.','4.4.5','1970','862','',%20'id 6afd727f-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1171.','4.4.5','1970','862','',%20'id 6afd7281-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1172.','4.4.5','1970','862','',%20'id 6afd7283-291f-11d9-b345-da121e20f3eb') operation is located on a stream or river below a state or federal fish hatchery or egg-taking station. (Added by Stats. 1970, Ch. 862.) 1173. All fish handled under authority of this article during the time they are in the hatchery or in the wild are the property of the state and when in the wild may be taken under the authority of a sport or commercial fishing license as otherwise authorized for wild fish. (Added by Stats. 1970, Ch. 862.) 1174. Any permit granted by the commission pursuant to this article shall contain all of the following conditions: (a) If after a hearing the commission finds that the operation described in the permit and conducted pursuant to this article is not in the best public interest, the commission may alter the conditions of the permit to mitigate the adverse effects, or may cause an orderly termination of the operation under the permit. An orderly termination shall not exceed a three-year period and shall culminate in the revocation of the permit in its entirety. (b) If the commission finds that the operation has caused deterioration of the natural run of anadromous fish in the waters covered by the permit, it may require the permittee to return the fishery to the same condition as was prior to issuance of the permit. If the permittee fails to take appropriate action, the commission may direct the department to take the action, and the permittee shall bear any cost incurred by the department. (c) Prior to release into state waters and at any other time deemed necessary by the department, the fish may be examined by the department to determine that they are not diseased or infected with any disease which, in the opinion of the department, may be detrimental to the state fishery resources. (Amended by Stats. 1986, Ch. 1244, Sec. 2.) 1175. The state shall assume no responsibility for the operation of a hatchery pursuant to this article and shall not be in any manner liable for its operation. ARTICLE 6. Cooperative Salmon and Steelhead Rearing Facilities [1200 - 1206] ( Article 6 added by Stats. 1975, Ch. 1173. ) javascript:submitCodesValues('1173.','4.4.5','1970','862','',%20'id 6afd7285-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1174.','4.4.5','1986','1244','2',%20'id 6afef927-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1175.','4.4.5','1970','862','',%20'id 6afef929-291f-11d9-b345-da121e20f3eb') 1200. The department is authorized to enter into agreements with counties, nonprofit groups, private persons, individually or in combination, for the management and operation of rearing facilities for salmon and steelhead. All such agreements shall be in accordance with the policies of the commission and the criteria of the department which govern the operation under such agreements. The purpose for operating such facilities shall be to provide additional fishing resources and to augment natural runs. (Added by Stats. 1975, Ch. 1173.) 1201. An applicant who wishes to enter into an agreement to operate a rearing facility shall demonstrate, to the satisfaction of the department prior to executing such agreement, such applicant’s financial ability to properly operate the rearing facility. The department shall develop and specify the means for an applicant to make such a demonstration. (Added by Stats. 1975, Ch. 1173.) 1202. All fish handled or released under authority of this article are the property of the state and may be taken only after their release into the wild and under the authority of a sport or commercial fishing license. (Added by Stats. 1975, Ch. 1173.) 1203. The release of fish reared in facilities pursuant to this article shall be made in accordance with the policy of the commission. (Added by Stats. 1975, Ch. 1173.) 1204. The department shall fund the agreements provided for in Section 1200 only on a matching basis with the persons or entities who enter into such agreements. Funds appropriated for the purposes of this article shall not be used to purchase equipment or for construction. javascript:submitCodesValues('1200.','4.4.6','1975','1173','',%20'id 6afef92d-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1201.','4.4.6','1975','1173','',%20'id 6b007fcf-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1202.','4.4.6','1975','1173','',%20'id 6b007fd1-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1203.','4.4.6','1975','1173','',%20'id 6b007fd3-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1204.','4.4.6','1975','1173','',%20'id 6b007fd5-291f-11d9-b345-da121e20f3eb') The department shall be reimbursed from funds appropriated for the purposes of this article for administrative costs, legal costs, and supervisorial costs relating to the execution and supervision of such agreements by the department. (Added by Stats. 1975, Ch. 1173.) 1205. The department shall, subject to the limitations of appropriate egg sources and funding, make available fish of appropriate size and species to persons or entities who enter into agreements pursuant to this article. (Added by Stats. 1975, Ch. 1173.) 1206. Salmon and steelhead raised pursuant to this article shall be released in streams, rivers, or waters north of Point Conception and upon release shall have unimpeded access to the sea. (Added by Stats. 1975, Ch. 1173.) ARTICLE 6.5. Transgenic Species of Salmonids [1210- 1210.] ( Article 6.5 added by Stats. 2014, Ch. 444, Sec. 1. ) 1210. (a) The hatchery production and stocking of transgenic species of salmonids is prohibited. (b) As used in this section, “transgenic” has the same meaning as in Section 1.92 of Title 14 of the California Code of Regulations, as that section read on May 14, 2003. (Added by Stats. 2014, Ch. 444, Sec. 1. Effective January 1, 2015.) ARTICLE 7. Nonprofit Partnerships [1225 - 1227] ( Article 7 added by Stats. 2012, Ch. 559, Sec. 16. ) 1225. All moneys collected or received from gifts or bequests, or from municipal or county appropriations or donations for purposes relating to conservation programs, projects, and activities by the department shall be deposited in the javascript:submitCodesValues('1205.','4.4.6','1975','1173','',%20'id 6b007fd7-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1206.','4.4.6','1975','1173','',%20'id 6b007fd9-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1210.','4.4.7','2014','444','1',%20'id 4798cf9e-7f22-11e4-81a7-b6ff98f2fa81') javascript:submitCodesValues('1225.','4.4.8','2012','559','16',%20'id 46761193-46f9-11e2-ac4f-f0351c4cc022') State Treasury to the credit of the Fish and Game Preservation Fund. All moneys deposited pursuant to this section shall be used for purposes relating to conservation programs, projects, and activities by the department. (Added by Stats. 2012, Ch. 559, Sec. 16. Effective January 1, 2013.) 1226. (a) The department may enter into one or more agreements to accept funds from any person, nonprofit organization, or other public or private entity for purposes relating to conservation programs, projects, and activities by the department. Any funds received pursuant to this section shall be deposited in the Fish and Game Preservation Fund. The funds received shall supplement existing resources for purposes relating to conservation programs, projects, and activities by the department. (b) The department may enter into one or more agreements to accept services from any person, nonprofit organization, or other public or private entity for purposes relating to conservation programs, projects, and activities by the department. Under the direction of the department, these services shall supplement existing staff resources. Agreements for services for the management and operation of department-managed lands shall be subject to the provisions of Section 1745. (Added by Stats. 2012, Ch. 559, Sec. 16. Effective January 1, 2013.) 1227. Notwithstanding any other law, the department may enter into one or more agreements with a person, nonprofit organization, or other public or private entity, as may be appropriate, to assist the department in its efforts to secure long-term private funding sources for purposes relating to conservation programs, projects, and activities by the department. The authority to enter into an agreement under this section shall include, but not be limited to, the authority to secure donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements. (Amended by Stats. 2015, Ch. 154, Sec. 35. Effective January 1, 2016.) javascript:submitCodesValues('1226.','4.4.8','2012','559','16',%20'id 46761195-46f9-11e2-ac4f-f0351c4cc022') javascript:submitCodesValues('1227.','4.4.8','2015','154','35',%20'id 08a2869a-a8f9-11e5-8711-995af6b52998')