Fish and Game Code - Chapter 7.5 of Division 2; Department of Fish and Wildlife - Native Species Conservation and Enhancement Act (secs. 1750 - 1772)

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 7.5. Native Species Conservation and Enhancement [1750 - 1772] ( Heading of Chapter 7.5 renumbered from Chapter 8 (as added by Stats. 1974, Ch. 898) by Stats. 1976, Ch. 1079. ) ARTICLE 1. Short Title [1750- 1750.] ( Article 1 added by Stats. 1974, Ch. 898. ) 1750. This chapter shall be known and may be cited as the Native Species Conservation and Enhancement Act. (Added by Stats. 1974, Ch. 898.) ARTICLE 2. Findings and Declarations [1755 - 1756] ( Article 2 added by Stats. 1974, Ch. 898. ) 1755. The Legislature finds and declares all of the following: (a) That it is the policy of this state: (1) To maintain sufficient populations of all species of wildlife and native plants and the habitat necessary to insure their continued existence at the optimum levels possible to insure the policies stated in paragraphs (2), (3), and (4). (2) To provide for the beneficial use and enjoyment of wildlife and native plants by all citizens of the state. (3) To perpetuate native plants and all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to man. (4) To provide for aesthetic, educational, and nonappropriative uses of the various wildlife and native plant species. (b) That the conservation and enhancement of wildlife species which are not the object of hunting and native plant species is in the general public interest and it is appropriate that the cost of programs to achieve such conservation and enhancement, including the biological and botanical research necessary thereto, and the diffusion of the information resulting therefrom to the public, be borne to the extent necessary by general public funds. (Amended by Stats. 1977, Ch. 1181.) 1756. javascript:submitCodesValues('1750.','4.15.1','1974','898','',%20'id 6b825a2d-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1755.','4.15.2','1977','1181','',%20'id 6b825a31-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1756.','4.15.2','1988','1539','5',%20'id 6b83e0d3-291f-11d9-b345-da121e20f3eb') (a) The policy set forth in this chapter is in the public interest without regard to the economic value or the lack of economic value of wildlife or native plants. (b) It is the policy of the state to require the recreational users of the state’s wildlife resources to support the management of lands managed by the department and the management of wildlife consistent with Section 711. (Amended by Stats. 1988, Ch. 1539, Sec. 5.) ARTICLE 2.5. Bird Habitat Conservation [1758- 1758.] ( Article 2.5 added by Stats. 2013, Ch. 387, Sec. 2. ) 1758. The department shall annually provide an opportunity for licensed hunters to comment and make recommendations on the public hunting programs, including anticipated habitat conditions in the hunting areas on Type A and Type B Wildlife Areas, as defined under the commission’s regulations, through public meetings or other public outreach. In complying with this section, the department may hold regional meetings on its hunting programs for several different wildlife areas. (Added by Stats. 2013, Ch. 387, Sec. 2. Effective January 1, 2014.) ARTICLE 3. Native Species Conservation and Enhancement Account [1760 - 1769] ( Article 3 added by Stats. 1974, Ch. 898. ) 1760. The department shall maintain within the Fish and Game Preservation Fund a Native Species Conservation and Enhancement Account, which is hereby created, to permit separate accountability for the receipt and expenditure of moneys derived through donation from persons or organizations for the support of nongame and native plant species conservation and enhancement programs. (Amended by Stats. 1977, Ch. 1181.) 1761. Whenever the department receives funds from persons or organizations for the support of nongame and native plant species conservation and enhancement programs, such funds shall be deposited in the Fish and Game Preservation Fund and credited to the Native Species Conservation and Enhancement Account. (Amended by Stats. 1977, Ch. 1181.) javascript:submitCodesValues('1758.','4.15.3','2013','387','2',%20'id cf6d279c-6e6b-11e3-8818-ebf46b809fe7') javascript:submitCodesValues('1760.','4.15.4','1977','1181','',%20'id 6b83e0d7-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1761.','4.15.4','1977','1181','',%20'id 6b83e0d9-291f-11d9-b345-da121e20f3eb') 1762. The department shall provide each person or organization making a contribution of five dollars ($5) or more for the support of nongame and native plant species conservation and enhancement programs a suitably prepared certificate, decal, medallion, or other object of public appreciation signifying the interest of such person or organization in the conservation and enhancement of native plant and wildlife species. The commission shall approve the form, nature, and content of any certificate, decal, medallion or other object proposed for use by the department pursuant to this section. (Amended by Stats. 1977, Ch. 1181.) 1763. The department may take all appropriate measures to encourage donations by individuals, organizations, and public agencies to the Native Species Conservation and Enhancement Account, including, but not limited to, public information concerning the status of native plant and wildlife species threatened by the activities of man. The cost to the department to carry out the provisions of this section may be charged to the Native Species Conservation and Enhancement Account. (Amended by Stats. 1977, Ch. 1181.) 1764. (a) The director shall designate those particular areas of land managed by the department at which possession of a valid annual wildlife pass or day use pass shall be required. No designation shall be effective until a management plan for the area has been presented at a public meeting and the plan has been approved by the director. (b) No person shall enter the designated area unless that person possesses an annual wildlife area pass or a day use pass issued pursuant to Section 1765, a valid hunting license issued pursuant to Section 3031, a valid trapping license issued pursuant to Section 4006, or a valid sport fishing license issued pursuant to Section 7149.05, 7150, or 7151, or that person is a member of a tour by an organized youth or school group that has been issued a day use pass. (c) Notwithstanding subdivision (b), possession of a license or pass shall not be required of any person who: (1) Is passing through the area on a public right-of-way. (2) Possesses authorization by the commission or the department to conduct scientific or educational research. javascript:submitCodesValues('1762.','4.15.4','1977','1181','',%20'id 6b83e0db-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1763.','4.15.4','1977','1181','',%20'id 6b85677d-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1764.','4.15.4','2015','683','15',%20'id 16dd19a6-a8f9-11e5-8711-995af6b52998') (3) Is discharging duties in the course of employment, as specified by the department. (4) Possesses written authorization from the department to enter the area for a specific purpose. (Amended by Stats. 2015, Ch. 683, Sec. 15. Effective January 1, 2016.) 1765. (a) The department may issue an annual wildlife area pass or a day use pass that authorizes the bearer to enter and use facilities and programs on the department managed lands subject to Section 1764 for the period of a calendar year or, if issued after the beginning of the year, for the remainder thereof. The fee for the annual wildlife area pass is ten dollars ($10). The fee for the day use pass is two dollars ($2); however, a tour by an organized youth or school group is exempt from the payment of this fee. The fees shall be adjusted in the calendar years following 1989 in accordance with Section 713. A person under the age of 16 years is exempt from the payment of fees under this section for an annual wildlife area pass or a day use pass. (b) Any person eligible for a reduced fee or free sportfishing license pursuant to Section 7150 or 7151 shall be issued an annual wildlife area pass upon application therefor and under the same conditions and for the same fee as provided in those sections. There shall be appropriated in the annual Budget Act from the General Fund, for transfer to the Native Species Conservation and Enhancement Account, a sum equal to two dollars ($2) for each free annual wildlife area pass issued pursuant to this subdivision during the preceding calendar year. (Added by Stats. 1988, Ch. 1539, Sec. 7.) 1766. The department may also offer for sale a native species stamp, promotional materials, and nature study aids. The fee for a native species stamp is seven dollars and fifty cents ($7.50), as adjusted in the calendar years following 1989 in accordance with Section 713. (Added by Stats. 1988, Ch. 1539, Sec. 8.) 1767.5. (a) The revenues from fees and sales under this article and Section 1055.3 shall be deposited in the Native Species Conservation and Enhancement Account in the Fish and Game Preservation Fund, and shall be available for appropriation for javascript:submitCodesValues('1765.','4.15.4','1988','1539','7',%20'id 6b856781-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1766.','4.15.4','1988','1539','8',%20'id 6b86ee23-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1767.5.','4.15.4','1992','1370','7',%20'id 6b86ee25-291f-11d9-b345-da121e20f3eb') expenditure in the 1988–89 and subsequent fiscal years in the following order of priority: (1) Repayment of any loan to the account from the Fish and Game Preservation Fund. The amounts repaid annually shall be prorated to complete the repayment with interest on or before July 1, 1993. Interest shall be calculated at the rate earned by the Surplus Money Investment Fund from the date funds for the loan were advanced to the date of repayment. (2) The costs of ongoing wildlife management programs incurred at any lands managed by the department alone or cooperatively with other governmental agencies, irrespective of their designation pursuant to Section 1764, that are not adequately funded under subdivision (a) or (c) of Section 711. (3) The costs of natural history education and recreational programs and improvements at areas designated pursuant to Section 1764. (4) Augmentation of wildlife management programs and acquisition of additional lands at areas designated pursuant to Section 1764. (b) Revenues from fees and sales under this article and Section 1055.3 shall be used to augment and not to replace money appropriated from existing funds available to the department for the purposes specified in subdivision (a). (Amended by Stats. 1992, Ch. 1370, Sec. 7. Effective October 27, 1992.) 1768. The Legislature finds and declares that the revenues from fees and sales under this article are related to the protection and propagation of fish and game within the meaning of Section 9 of Article XVI of the California Constitution. (Added by Stats. 1988, Ch. 1539, Sec. 10.) 1769. The department may take all appropriate measures to encourage persons to obtain annual wildlife area passes and day use passes issued pursuant to Section 1765, and to promote the sale of native species stamps, promotional materials, and nature study aids to provide revenue for the support of the department. The measures may include, but are not limited to, the dissemination of public information concerning the status of wildlife, fish, and plant species, conservation activities of the department, and programs and facilities provided by the department for the enjoyment of the lands managed by the department. (Added by Stats. 1988, Ch. 1539, Sec. 11.) ARTICLE 4. Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account [1770 - 1772] ( Article 4 added by Stats. 1983, Ch. 1058, Sec. 1. ) javascript:submitCodesValues('1768.','4.15.4','1988','1539','10',%20'id 6b86ee27-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1769.','4.15.4','1988','1539','11',%20'id 6b86ee29-291f-11d9-b345-da121e20f3eb') 1770. The department shall maintain within the Fish and Game Preservation Fund an Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account which is hereby created. (Added by Stats. 1983, Ch. 1058, Sec. 1.) 1771. (a) Whenever the department receives funds from the Treasurer under Article 7 (commencing with Section 18520) of Chapter 17 of Part 10 of Division 2 of the Revenue and Taxation Code for the support of this article, the funds shall be deposited in the Fish and Game Preservation Fund and credited to the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account. These funds are for the support of programs for endangered and rare animals and native plant species as determined by the commission, related conservation and enhancement programs, and programs for those species which may be candidates for determination as endangered or rare under the criteria developed by the commission. (b) The administrative overhead assessment on that portion of funds deposited in the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account expended through contracts shall not exceed 15 percent. (Amended by Stats. 1992, Ch. 658, Sec. 1. Effective January 1, 1993.) 1772. The department may take all appropriate measures to encourage donations to this account through the tax return checkoff system provided for in Article 7 (commencing with Section 18520) of Chapter 17 of Part 10 of Division 2 of the Revenue and Taxation Code. The department may also disseminate information to the public concerning the status of endangered and rare species. The cost to the department to carry out the provisions of this section may be charged to this account. (Added by Stats. 1983, Ch. 1058, Sec. 1.) javascript:submitCodesValues('1770.','4.15.5','1983','1058','1',%20'id 6b8874cd-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1771.','4.15.5','1992','658','1',%20'id 6b8874cf-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('1772.','4.15.5','1983','1058','1',%20'id 6b8874d1-291f-11d9-b345-da121e20f3eb')