Title FGC, California Fish & Game Code

The Legislature finds and declares all of the following: (a) Substantial declines in various species of desirable fish that are caught in southern California ocean waters have adversely affected sport and commercial fishing and their related industries. (b) The purpose of this ar…

For purposes of this article, the following definitions apply: (a) “Advisory panel” means the Ocean Resources Enhancement Advisory Panel established pursuant to Section 6594. (b) “Committee” means the independent scientific advisory committee established pursuant to Section 6594.…

There is hereby established in state government the California Ocean Resources Enhancement and Hatchery Program. The purpose of the program is to advance research on the artificial propagation, rearing, stocking, and distribution of marine fish species that are important to sport…

(a) The program is administered by the director with the advice of the advisory panel and the committee. (b) A person shall not serve on the advisory panel or the committee if that person is receiving research funding from the program. (c) The director may appoint, with the advic…

(a) To advise the director in establishing policy and direction for the program, the director shall establish the Ocean Resources Enhancement Advisory Panel. (b) The advisory panel shall consist of the following members, all of whom shall be residents of California: (1) One nonvo…

(a) In order to foster a transparent and collaborative approach between the public, the advisory panel, and the director, and to advise the director and the advisory panel regarding the program, the director shall establish an independent scientific advisory committee. (b) The co…

The director shall convene an annual public meeting where the committee shall present information regarding its evaluation of aspects of program science it completed during the preceding year and an outlook for future program activities. At the meeting, the director shall provide…

(a) The director shall consider the findings and results of the evaluation of the program conducted by California Sea Grant submitted to the department on December 12, 2017, in the report “Evaluation of the Ocean Resources Enhancement and Hatchery Program,” Publication no. CASG-1…

(a) All fees collected by the department pursuant to this article, and any interest earned on those fees, shall be deposited in the Fish and Game Preservation Fund and shall be available, upon appropriation by the Legislature, solely for purposes of the program. The department sh…

(a) In addition to a valid California sport fishing license and any other applicable license validation issued pursuant to this code, a person taking fish from ocean waters south of a line extending due west from Point Arguello for purposes other than for profit shall have a vali…

The director shall provide for the solicitation of input from every person who pays a fee pursuant to Section 6596.1 on the direction of the program. The director may contract with a public or private entity to undertake this solicitation. (Added by Stats. 2020, Ch. 345, Sec. 10.…

(a) The department may contract with any public or private entity to conduct research projects pursuant to this article. (b) The department may accept volunteer assistance for program operations, including, but not limited to, assistance with regard to grow-out facilities, provid…

It is in the interest of the state to have broad participation in enhancement programs. Therefore, this program shall be open to participation by qualified academic institutions, as determined by the department, and nonprofit organizations, commercial aquaculturists, and for prof…

This article shall remain in effect only until January 1, 2028, and as of that date is repealed. (Repealed and added by Stats. 2020, Ch. 345, Sec. 13. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Art. 8, commenci…

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 of cooperative hunting areas according to ter…

(a) Except as prohibited by Section 15007, the commission may lease state water bottoms or the water column to any person for aquaculture, including, but not limited to, marine finfish aquaculture. Upon appropriation of funds for that purpose, or if funds are otherwise available,…

Areas used by the public for digging clams shall not be leased. The department shall designate those areas. (Added by Stats. 1982, Ch. 1486, Sec. 25.)

A lessee of a state water bottom owns all lawfully cultivated organisms that are described in the application for the lease and produced in the area leased. The lessee has the exclusive right to cultivate and harvest the aquatic organisms in the area leased. (Amended by Stats. 19…

Persons wishing to lease a state water bottom shall make a written application to the commission. An application shall contain all of the following information: (a) A map showing the area to be leased, its general vicinity, and all ownership and boundary lines in the vicinity. (b…

(a) If the commission finds that the area applied for is available for lease and that the lease would be in the public interest, it shall publish a notice that the area is being considered for leasing. (b) The commission shall have legal notices published in a newspaper of genera…

(a) Except as specified in subdivision (b), no initial term of a state water bottom lease shall exceed 25 years. (b) The initial term of a state water bottom lease for marine finfish aquaculture shall not exceed 10 years. (Amended by Stats. 2006, Ch. 36, Sec. 5. Effective January…

(a) Each state water bottom lease shall specify a period prior to expiration when renewal of the lease may be requested by the lessee. If during this period the lessee is still actively engaged in aquaculture, as determined by the commission, the lessee shall have a prior right t…

(a) Except as specified in subdivision (b), the commission shall award water bottom leases to the highest responsible bidder, if the bid meets or exceeds the minimum annual rent established by the commission, which shall not be less than two dollars ($2) per acre, for all species…

(a) In addition to the rent provided in Section 15406.5, every person operating under an oyster lease shall pay a privilege tax of four cents ($0.04) per packed gallon, or fraction thereof, of shucked oysters harvested by the lessee. (b) If the oysters are marketed in the shell, …

The annual rent shall be paid to the department within 30 days of the commencement of the lease and within 30 days of the anniversary thereof. The commission may establish penalty fees for late payment and may cancel the lease if rent is not paid within 90 days of the commencemen…

The commission shall promulgate regulations governing the termination of leases due to failure to pay rent or improper use of the leasehold. (Added by Stats. 1982, Ch. 1486, Sec. 25.)

(a) Upon termination of a lease, for any reason, all structures shall be removed at the lessee’s expense from the leasehold, and the area shall be restored to its original condition. If the lessee fails to remove the structures, the state may remove them and the lessee shall pay …

All leases shall be subject to the power of the Legislature to increase or decrease the rents, fees, taxes, and other charges relating to the lease, but no increase in rent shall be applicable to an existing lease until it is renewed. (Amended by Stats. 1983, Ch. 131, Sec. 28. Ef…

Lessees under a state water bottom lease may not unreasonably impede public access to state waters for purpose of fishing, navigation, commerce, or recreation. The lessee may, however, limit public access to the extent necessary to avoid damage to the leasehold and the aquatic li…

No water bottom lease may be assigned without the prior approval of the commission. Application for approval of a lease assignment shall comply with all of the requirements for an original lease. (Added by Stats. 1982, Ch. 1486, Sec. 25.)

No person may enter upon any area subject to a water bottom lease in which aquatic life is cultivated, or remove the aquatic life therefrom without the consent of the lessee, or willfully destroy the cultivated aquatic life or any markers intended to designate the boundaries and …

A water bottom lease may require periodic reports that the commission deems necessary for the proper administration of the state’s water bottoms. (Added by Stats. 1982, Ch. 1486, Sec. 25.)

The department shall notify the State Lands Commission of all applications for water bottom leases. The department shall inform the State Lands Commission of all leases executed, renewed, or assigned pursuant to this chapter, and shall furnish the State Lands Commission with such…

As used in this chapter, “guide” means any person who is engaged in the business of packing or guiding, or who, for a fee, assists another person in taking or attempting to take any bird, mammal, fish, amphibian, or reptile. “Guide” also includes any person who, for profit, trans…

(a) It is unlawful for any person to engage in the business of guiding or packing, or to act as a guide for any consideration or compensation whatever, without first having secured a guide license from the department. (b) An employee of a licensee who acts as a guide only in conn…

A person operating under a commercial passenger fishing boat license issued pursuant to Section 7920 is not required to obtain a guide license. (Added by Stats. 1986, Ch. 750, Sec. 4.)

An application for a guide license shall be on a form furnished by the department on request. The application shall show all of the following: (a) The name, date of birth, physical description, age, address, and telephone number, if any, of the applicant. (b) The area or areas of…

If the licensee operates with pack or riding animals in any area in which a grazing permit is required, the license is not valid unless the holder thereof has a valid grazing permit for the area. A licensee shall not guide clients on any lands under the jurisdiction of the United…

(a) The base fee for a guide license issued to a resident is one hundred fifty dollars ($150). (b) The base fee for a guide license issued to a nonresident is three hundred fifty dollars ($350). (c) A guide license is valid for the license year beginning on February 1 and ending …

Each applicant for a guide license shall submit proof of having obtained a surety bond in the amount of not less than one thousand dollars ($1,000), conditioned on faithful performance of the guide and the guide’s agents or employees in fulfilling their responsibilities to their …

The commission shall adopt regulations governing the conduct and qualifications of guides to ensure the safety and welfare of persons engaging the services of a guide, and may adopt regulations governing the procedures for applications for guide licenses. The qualifications shall…

The commission may require licensed guides to maintain and submit records of their operations. The records may be examined at any time by representatives of the department. It is unlawful for any licensed guide to fail to maintain or submit any required records or to refuse to al…

The department may refuse to issue a guide license to an applicant upon a showing of any of the following: (a) The applicant has failed to fulfill his responsibilities to a client. (b) The applicant has violated this code or any regulation adopted pursuant thereto, or has knowing…

An applicant denied a guide license by the department may request a hearing before the commission and the commission shall determine whether or not the license shall be issued. (Added by Stats. 1986, Ch. 750, Sec. 14.)

The commission may revoke a guide license or the privilege to guide upon a showing of any of the following: (a) The licensee has been convicted of a violation of this code or any regulation adopted pursuant thereto. (b) The licensee has knowingly permitted a client or other membe…

This chapter shall be known, and may be cited, as the Avian Influenza Wildlife Surveillance Act. (Added by Stats. 2006, Ch. 708, Sec. 1. Effective September 29, 2006.)