SECTIONS 13000-13014 - California Statutes

FISH AND GAME CODE

SECTION 13000-13014

13000. The Fish and Game Preservation Fund in the State Treasury is
continued in existence.

13001. (a) Unless otherwise provided, all money collected under the
provisions of this code and of any other law relating to the
protection and preservation of birds, mammals, fish, reptiles, or
amphibia shall be paid into the State Treasury to the credit of the
Fish and Game Preservation Fund.
(b) Notwithstanding any other provision of law, the Controller may
use the Fish and Game Preservation Fund for loans to the General
Fund as provided in Sections 16310 and 16381 of the Government Code.

13001.5. (a) The department shall prepare annually, for inclusion
in the Governor's Budget, a fund condition statement for the Fish and
Game Preservation Fund that displays both of the following:
(1) Information relating to the total amounts of revenues and
expenditures with regard to the moneys in the fund that are deposited
in an account or subaccount in the fund.
(2) Information relating to revenues and expenditures with regard
to all moneys in the fund that are not deposited in an account or
subaccount in the fund.
(b) For the purposes of subdivision (a), the department shall
prepare the fund condition statement in a manner that is similar to
the fund condition statement relating to the Fish and Game
Preservation Fund included in the 2003-04 Governor's Budget.
(c) The department shall prepare, for posting on its Internet Web
site on or before January 10, of each year, a fund condition
statement for each account or subaccount in the fund.

13002. The department shall pay into the State Treasury at least
once a month the money received by it from the sale of licenses
issued under the provisions of this code.

13003. Unless otherwise provided by law, all fines and forfeitures
imposed or collected in any court of this state for violations of any
of the provisions of this code or regulation made pursuant thereto,
or any other law providing for the protection or preservation of
birds, mammals, fish, reptiles, or amphibia, shall be deposited as
soon as practicable after the receipt thereof with the county
treasurer of the county in which the court is situated. Amounts so
deposited shall be paid at least once a month as follows:
(a) One-half to the Treasurer, by warrant of the county auditor
drawn upon the requisition of the clerk or judge of the court, for
deposit in the Fish and Game Preservation Fund in the State Treasury
on order of the Controller. At the time of such transmittal, the
county auditor shall forward to the Controller, on such form or forms
as the Controller may prescribe, a record of the imposition,
collection, and payment of the fines or forfeitures. The department
may employ legal counsel and may expend these funds to pay the costs
of legal actions brought in the name of the people relating to the
enforcement of this code by a district attorney, city attorney, or
the department, as appropriate.
(b) One-half to the county in which the offense was committed.

13005. (a) Notwithstanding Section 13001, the fees collected from
lifetime sportsman's licenses and privileges issued pursuant to
Section 714, lifetime hunting licenses and privileges issued pursuant
to Section 3031.2, and lifetime sport fishing licenses and
privileges issued pursuant to Section 7149.2 shall be deposited as
follows:
(1) Twenty dollars ($20) from the initial issuance of each
lifetime license shall be deposited in the Fish and Game Preservation
Fund for use in accordance with Section 711.
(2) The balance of the fees collected shall be deposited in the
Lifetime License Trust Account which is hereby created in the Fish
and Game Preservation Fund. Except as provided in this section, that
principal amount of the money in the account from the fee for a
lifetime license shall not be used, except for investment.
(b) The money in the Lifetime License Trust Account may be
transferred and invested through the Surplus Money Investment Fund
and all interest shall accrue to the account pursuant to subdivision
(g) of Section 16475 of the Government Code.
(c) Upon issuance of a lifetime license or lifetime privilege
issued pursuant to Section 714, 3031.2, or 7149.2, the department
shall transfer the following amounts from the Lifetime License Trust
Account to the Fish and Game Preservation Fund:
(1) Twenty-nine dollars and twenty-five cents ($29.25) for an
annual resident hunting license or an annual resident sport fishing
license.
(2) Seven dollars and twenty-five cents ($7.25) for a junior
hunting license.
(3) Nine dollars and twenty-five cents ($9.25) for one second-rod
stamp or validation issued pursuant to Section 7149.4 or Section
7149.45.
(4) Two dollars and fifty cents ($2.50) for one sport fishing
ocean enhancement stamp or validation issued pursuant to subdivision
(a) of Section 6596 or subdivision (a) of Section 6596.1.
(5) Three dollars and fifty cents ($3.50) for one Bay-Delta sport
fishing enhancement stamp or validation issued pursuant to Section
7360 or Section 7360.1.
(6) Three dollars and seventy-five cents ($3.75) for one steelhead
trout catch report-restoration card issued pursuant to Section 7380.
(7) One dollar ($1) for one salmon punchcard issued pursuant to
regulations adopted by the commission.
(8) Nineteen dollars and twenty-five cents ($19.25) for a deer tag
application issued pursuant to subdivision (a) of Section 4332.
(9) Eight dollars and seventy-five cents ($8.75) for five wild pig
tags issued pursuant to Section 4654.
(10) Ten dollars ($10) for one state duck stamp or validation
issued pursuant to Section 3700 or 3700.1.
(11) Six dollars and twenty-five cents ($6.25) for one upland game
bird stamp or validation issued pursuant to Section 3682 or 3682.1.

13006. Notwithstanding Section 13001, the money collected from the
penalties on fines, penalties, or forfeitures levied pursuant to
Section 12021 shall be used only to pay the department's costs of
support for the department's secret witness program. The purpose of
the secret witness program is to facilitate the enforcement of this
code and regulations adopted pursuant to this code. Contributions to
the secret witness program may also be made pursuant to subdivision
(k) of Section 13103.

13007. (a) Notwithstanding Section 13001 and paragraph (1) of
subdivision (a) of Section 13005, commencing July 1, 2006, 33 1/3
percent of all sport fishing license fees collected pursuant to
Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of
Division 6, except license fees collected pursuant to Section 7149.8,
shall be deposited into the Hatchery and Inland Fisheries Fund,
which is hereby established in the State Treasury. Moneys in the fund
may be expended, upon appropriation by the Legislature, to support
programs of the Department of Fish and Game related to the
management, maintenance, and capital improvement of California's fish
hatcheries, the Heritage and Wild Trout Program, and enforcement
activities related thereto, and to support other activities eligible
to be funded from revenue generated by sport fishing license fees.
(b) The sport fishing license fees collected and subject to
appropriation pursuant to subdivision (a) shall be used for the
following purposes:
(1) For the department's attainment of the following production
goals for state hatcheries, based on the sales of the following types
of sport fishing licenses: resident; lifetime; nonresident year;
nonresident, 10-day; 2-day; 1-day; and reduced fee.
(A) By July 1, 2007, a minimum of 2.25 pounds of released trout
per sport fishing license sold in 2006, 1.75 pounds of which must be
of catchable size or larger.
(B) By July 1, 2008, a minimum of 2.5 pounds of released trout per
sport fishing license sold in 2007, 2.0 pounds of which must be of
catchable size or larger.
(C) By July 1, 2009, and thereafter, a minimum of 2.75 pounds of
released trout per sport fishing license sold in 2008, 2.25 pounds of
which must be of catchable size or larger.
(D) The department shall attain these goals in compliance with
Fish and Game Commission trout policies concerning catchable-sized
trout stocking.
(2) To the Heritage and Wild Trout Program, two million dollars
($2,000,000), which shall be used for permanent positions and
seasonal aides in each region of the state as necessary, and other
activities necessary to the program.
(A) The funds allocated pursuant to this paragraph shall be used
to fund seven new positions for the Heritage and Wild Trout Program.
(B) In addition to the seven new positions specified in
subparagraph (A), the department may hire seasonal aides in each
region of the state to assist with the operations of the Heritage and
Wild Trout Program.
(3) The department shall, by January 1, 2012, ensure that the
numbers of native California trout, as defined in Section 7261,
produced are sufficient to equal or exceed 25 percent of the numbers
of trout produced by the state fish hatcheries to comply with
paragraph (1). The native trout produced in accordance with this
paragraph shall support department efforts to protect and restore
cold water ecosystems, maintain biological diversity, and provide
diverse angling opportunities. Coastal rainbow trout/steelhead
produced for anadromous mitigation purposes shall be excluded from
contributing to the native trout production goals required by this
paragraph. Coastal rainbow trout/steelhead propagated for purposes
other than anadromous mitigation and released into their source
watersheds may be counted toward the 25 percent native trout
production goal. Native trout produced shall be naturally indigenous
stocks from their original source watersheds. Native trout produced
may be released into watersheds other than their original source
watershed only if the released trout will cause no harm to other
native trout in their original watersheds. The department shall
attain the 25 percent production goal according to the following
schedule:
(A) By January 1, 2010, 15 percent and at least four species.
(B) By January 1, 2011, 20 percent and at least four species.
(C) By January 1, 2012, 25 percent and at least five species.
(4) The department may hire additional staff for state fish
hatcheries, in order to comply with this subdivision.
(c) The department may allocate any funds under this section, not
necessary to maintain the minimums specified in paragraphs (1) and
(3) of subdivision (b), and after the expenditure in paragraph (2) of
subdivision (b), to the Fish and Game Preservation Fund.
(d) The department may utilize federal funds to meet the funding
formula specified in subdivision (a) if those funds are otherwise
legally available for this purpose.
(e) A portion of the moneys subject to appropriation pursuant to
subdivision (a) may be used for the purpose of obtaining
scientifically valid genetic determinations of California native
trout stocks, consistent with Theme 1 in the executive summary of the
department's Strategic Plan for Trout Management, published November
2003.
(f) The department, by July 1, 2008, and annually thereafter,
shall report to the fiscal and policy committees in the Legislature
on the implementation of these provisions.

13010. There is a Fish and Wildlife Pollution Account in the Fish
and Game Preservation Fund. The Fish and Wildlife Pollution Account
is the successor to the Fish and Wildlife Pollution Cleanup and
Abatement Account in the Fish and Game Preservation Fund which is
hereby abolished. All references in any law to the Fish and Wildlife
Pollution Cleanup and Abatement Account shall be deemed to refer to
the Fish and Wildlife Pollution Account. All money in the Fish and
Wildlife Pollution Cleanup and Abatement Account on January 1, 1996,
shall be transferred to the Fish and Wildlife Pollution Account. The
following subaccounts are created within the Fish and Wildlife
Pollution Account:
(a) The Oil Pollution Administration Subaccount.
(b) The Oil Pollution Response and Restoration Subaccount.
(c) The Hazardous Materials Administration Subaccount.
(d) The Hazardous Materials Response and Restoration Subaccount.

13011. The state portion of any recovery or settlement of money
damages received pursuant to any citation or charges brought under
the following sections by the people by or through any state or local
public entity shall be deposited in the following subaccounts:
(a) Administrative and judicially imposed fines, penalties, or
punitive damages resulting from either civil or criminal action or
administrative civil liability for violations of the oil and
petroleum product control and discharge provisions of this code,
including, but not limited to, Sections 2014, 12011, and 12016,
Chapter 6.5 (commencing with Section 2580) of Division 3, and Chapter
2 (commencing with Section 5600) of Part 1 of Division 6 shall be
deposited in the Oil Pollution Administration Subaccount or the Oil
Pollution Response and Restoration Subaccount as determined by
administrative or judicial settlement, or as provided by law.
(b) Administrative and judicially imposed fines, penalties, or
punitive damages resulting from either criminal or administrative
civil liability for violations of hazardous materials and other
pollution laws including, but not limited to, Sections 2014 and
12016, and Chapter 6.5 (commencing with Section 2580) of Division 3
and Part 1 (commencing with Section 5500) of Division 6 shall be
deposited in the Hazardous Materials Administration Subaccount or the
Hazardous Materials Response and Restoration Subaccount as
determined by administrative or judicial settlement or as provided by
law.

13012. Funds on deposit in the subaccounts shall not exceed the
amounts prescribed below, adjusted in accordance with Section 2212 of
the Revenue and Taxation Code to equal 1995 dollars:
(a) The Oil Pollution Administration Subaccount shall not exceed
five million dollars ($5,000,000).
(b) The Oil Pollution Response and Restoration Subaccount shall
not exceed ten million dollars ($10,000,000).
(c) The Hazardous Materials Administration Subaccount shall not
exceed five million dollars ($5,000,000).
(d) The Hazardous Material Response and Restoration Subaccount
shall not exceed ten million dollars ($10,000,000).
All funds in the Fish and Wildlife Pollution Account in excess of
the amounts listed above, on June 30 of each fiscal year, shall be
used by the department in succeeding fiscal years for projects that
preserve California plants, wildlife, and fisheries.

13013. (a) Appropriations from either the Oil Pollution
Administration Subaccount or the Hazardous Materials Administration
Subaccount shall not exceed one third of the maximum fund level
established under Section 13012 in order to maintain a prudent
reserve for future appropriations.
(b) If the director or his or her designee expends funds from the
prudent reserve established pursuant to subdivision (a) for
activities authorized under subdivision (b) of Section 13230, the
director or the director's designee shall ensure that there are
adequate funds remaining in those subaccounts to carry out their
purposes. Expenditures from the prudent reserve shall be repaid in
part, or in full, from any funds received pursuant to Section 13011
until those reserves are fully reimbursed.
(c) The director or his or her designee, shall recover from the
spiller, responsible party, or, in the absence of those responsible
parties, from a particular pollution abatement or remediation
account, all expenditures paid from the accounts established pursuant
to subdivisions (b) and (d) of Section 13230, and all costs incurred
by the department arising from the administration and enforcement of
applicable pollution laws. The director or his or her designee may
request, and a district attorney, city attorney, or other prosecuting
agency, as part of a prosecution or negotiation, may allege a claim
for, these costs and expenditures and shall deposit any recoveries
into the fund from which they were expended.
(d) The director or his or her designee shall ensure that there
are adequate funds in the accounts and subaccounts specified in this
section to carry out their purposes.

13014. (a) There are hereby established, initially in the Special
Deposit Fund, continued in existence by Section 16370 of the
Government Code, both of the following accounts:
(1) The Fish and Game Mitigation and Protection Endowment
Principal Account. The department shall deposit in this account the
endowment funds received by the department pursuant to an agreement
described in subdivision (b) and all earnings generated thereon. The
earnings shall be available to the department, upon appropriation by
the Legislature, to fund long-term management, enhancement,
monitoring, and enforcement activities on habitat lands in a manner
consistent with the terms of the underlying agreement.
(2) The Fish and Game Mitigation and Protection Expendable Funds
Account. The department shall deposit in this account moneys received
pursuant to an agreement described in subdivision (b) that are not
endowment funds and that are designated for expenditure for the
purposes described in paragraph (2) of that subdivision.
Notwithstanding Section 13340 of the Government Code, the moneys in
the account established by this paragraph are hereby continuously
appropriated to the department for expenditure without regard to
fiscal year, for the purposes described in this section.
(b) (1) The department may deposit moneys into the accounts
established pursuant to subdivision (a) that it receives pursuant to
any of the following, if those moneys are received for the purposes
described in paragraph (2):
(A) Agreements or permits pursuant to the Natural Communities
Conservation Planning Act (Chapter 10 (commencing with Section 2800)
of Division 3).
(B) Conservation bank agreements.
(C) Habitat conservation implementation agreements.
(D) Incidental take permits.
(E) Legal or other written settlements.
(F) Mitigation agreements.
(G) Streambed or lakebed alteration agreements.
(H) Trust agreements.
(2) The department may deposit the moneys received pursuant to an
agreement described in paragraph (1) in an account established by
this section only if it receives those moneys for at least one of the
following purposes:
(A) Mitigating the adverse biological impacts of a specific
project, activity, spill, or release.
(B) Protecting, conserving, restoring, enhancing, managing, and
maintaining fish, wildlife, native plants, or their habitats.
(c) While the Fish and Game Mitigation and Protection Endowment
Principal Account and the Fish and Game Mitigation and Protection
Expendable Funds Account are initially established in the Special
Deposit Fund within the Pooled Money Investment Account, the
Treasurer's office shall, at the department's request, transfer these
funds from the Pooled Money Investment Account to another account
within the State Treasury system to increase earnings over time while
providing adequate liquidity. If either or both of these accounts
are transferred from the Pooled Money Investment Account, assets in
the transferred account or accounts may be held and invested in any
of the investments identified in Section 16430 of the Government
Code, except that the maturity date of commercial paper may exceed
the limits set forth in Section 16430 of the Government Code. These
investments shall be made as determined and directed by the
department.
(d) To develop and maintain the investment strategy for these
accounts, the department may retain investment advisers deemed
acceptable to the Treasurer.