SECTIONS 13100-13104 - California Statutes

FISH AND GAME CODE

SECTION 13100-13104

13100. (a) The amounts paid to and retained in the county treasury
pursuant to Sections 12009 and 13003 shall be deposited in a county
fish and wildlife propagation fund and expended for the protection,
conservation, propagation, and preservation of fish and wildlife,
under the direction of the board of supervisors, pursuant to this
chapter.

13101. (a) The board of supervisors of any county may enter into a
written agreement with the board of supervisors of one or more
counties for the expenditure of any funds deposited in its fish and
wildlife propagation fund pursuant to Section 13100 for any purpose
authorized by Section 13103 in either, or any, of the counties for
the joint benefit of both, or all, of the counties as the judgment of
the boards of supervisors may direct. The purchase of real property
necessary for that purpose is lawful and title thereto shall be taken
in the joint names of each county which contributes funds therefor.
The property may be deeded to the state upon the express condition
that it shall be employed for the purposes of this chapter within the
counties.
(b) The board of supervisors of one or more counties may enter
into a written agreement with the department for the expenditure of
any funds deposited in its fish and wildlife propagation fund
pursuant to Section 13100 for any purpose authorized by Section
13103.

13102. Expenditures from the fish and game propagation fund of any
county shall be subject to the provisions of Division 3 (commencing
with Section 29000) of Title 3 of the Government Code.

13103. Expenditures from the fish and wildlife propagation fund of
any county may be made only for the following purposes:
(a) Public education relating to the scientific principles of
fish and wildlife conservation, consisting of supervised formal
instruction carried out pursuant to a planned curriculum and aids to
education such as literature, audio and video recordings, training
models, and nature study facilities.
(b) Temporary emergency treatment and care of injured or orphaned
wildlife.
(c) Temporary treatment and care of wildlife confiscated by the
department as evidence.
(d) Breeding, raising, purchasing, or releasing fish or wildlife
which are to be released upon approval of the department pursuant to
Sections 6400 and 6401 onto land or into waters of local, state, or
federal agencies or onto land or into waters open to the public.
(e) Improvement of fish and wildlife habitat, including, but not
limited to, construction of fish screens, weirs, and ladders;
drainage or other watershed improvements; gravel and rock removal or
placement; construction of irrigation and water distribution systems;
earthwork and grading; fencing; planting trees and other vegetation
management; and removal of barriers to the migration of fish and
wildlife.
(f) Construction, maintenance, and operation of public hatchery
facilities.
(g) Purchase and maintain materials, supplies, or equipment for
either the department's ownership and use or the department's use in
the normal performance of the department's responsibilities.
(h) Predator control actions for the benefit of fish or wildlife
following certification in writing by the department that the
proposed actions will significantly benefit a particular wildlife
species.
(i) Scientific fish and wildlife research conducted by
institutions of higher learning, qualified researchers, or
governmental agencies, if approved by the department.
(j) Reasonable administrative costs, excluding the costs of audits
required by Section 13104, for secretarial service, travel, and
postage by the county fish and wildlife commission when authorized by
the county board of supervisors. For purposes of this subdivision,
"reasonable cost" means an amount which does not exceed 3 percent of
the average amount received by the fund during the previous
three-year period, or three thousand dollars ($3,000) annually,
whichever is greater, excluding any funds carried over from a
previous fiscal year.
(k) Contributions to a secret witness program for the purpose of
facilitating enforcement of this code and regulations adopted
pursuant to this code.
(l) Costs incurred by the district attorney or city attorney in
investigating and prosecuting civil and criminal actions for
violations of this code, as approved by the department.
(m) Other expenditures, approved by the department, for the
purpose of protecting, conserving, propagating, and preserving fish
and wildlife.

13104. The department may audit, or require the county to audit,
expenditures by the county from its fish and wildlife propagation
fund in order to determine compliance with this chapter. If, after
reviewing the audit, the department determines that expenditures are
not in compliance with this chapter, the department may require that
all expenditures from the fund be temporarily suspended, or it may
seek reimbursement of funds that the department determines, based on
the audit, were expended improperly, or both.