SECTIONS 1500-1505 - California Statutes

FISH AND GAME CODE

SECTION 1500-1505

1500. The department may, with the approval of the commission and
the Department of General Services, exchange any portion of the
property lying within the boundaries of any area or range referred to
in this section for any property within or contiguous to such area
or range or may sell any portion of the property within such
boundaries and with the proceeds thereof acquire any property within
or contiguous to such area or range; provided, that no exchange or
sale of property authorized in this section shall materially reduce
the total area of any range or area referred to in this section. A
copy of each deed of conveyance executed and delivered by the
department, and of each deed conveying lands to the state, pursuant
to this section shall be delivered to the State Lands Commission.
The provisions of this section apply to all of the following:
(a) The Doyle Deer Winter Range, located in Lassen County.
(b) The Tehama Deer Winter Range, located in Tehama County.
(c) The Honey Lake Waterfowl Management Area, located in Lassen
County.
(d) The Imperial Waterfowl Management Area, located in Imperial
County.
(e) The Mendota Waterfowl Management Area, located in Fresno
County.
(f) The San Jacinto Wildlife Area, located in Riverside County.
(g) The Lakes Earl/Talawa Wildlife Area, located in Del Norte
County.
(h) The Santa Rosa Mountains Bighorn Sheep Reserve, located in
Riverside County.
(i) The Camp Cady Wildlife Area, located in San Bernardino County.
(j) The Butte Valley Wildlife Area, located in Siskiyou County.
(k) The Ash Creek Wildlife Area, located in Lassen and Modoc
Counties.
(l) The Moss Landing Wildlife Area, located in Monterey County.

1500.5. With respect to exchanging or selling any property pursuant
to Section 1500, the director, with respect to any parcel containing
15 acres or less, shall except and reserve to the state all mineral
deposits, as defined in Section 6407 of the Public Resources Code,
below a depth of 500 feet, without surface rights of entry. As to any
parcel containing more than 15 acres, the director shall except and
reserve to the state all mineral deposits, as defined in Section 6407
of the Public Resources Code, together with the right to prospect
for, mine, and remove the deposits.
The rights to prospect for, mine, and remove shall be limited to
those areas of the property conveyed which the director, after
consultation with the State Lands Commission, determines to be
reasonably necessary for the removal of the resources and deposits.

1501. The department may expend such funds as may be necessary for
the improvement of property, including nonnavigable lakes and
streams, riparian zones, and upland, in order to restore,
rehabilitate, and improve fish and wildlife habitat. The improvement
activities may include, but are not limited to, the removal of
barriers to migration of fish and wildlife and the improvement of
hatching, feeding, resting, and breeding places for wildlife.
The department may undertake the services and habitat improvement
work on private, public, and public trust lands without the state
acquiring an interest in the property.

1501.5. (a) The department may enter into contracts for fish and
wildlife habitat preservation, restoration, and enhancement with
public and private entities whenever the department finds that the
contracts will assist in meeting the department's duty to preserve,
protect, and restore fish and wildlife.
(b) The department may grant funds for fish and wildlife habitat
preservation, restoration, and enhancement to public agencies, Indian
tribes, and nonprofit entities whenever the department finds that
the grants will assist it in meeting its duty to preserve, protect,
and restore fish and wildlife.
(c) Contracts authorized under this section are contracts for
services and are governed by Article 4 (commencing with Section
10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract
Code. No work under this section is public work or a public
improvement, and is not subject to Chapter 1 (commencing with Section
1720) of Part 7 of Division 2 of the Labor Code.
(d) This section does not apply to contracts for any of the
following:
(1) Construction of office, storage, garage, or maintenance
buildings.
(2) Drilling wells and installation of pumping equipment.
(3) Construction of permanent hatchery facilities, including
raceways, water systems, and bird exclosures.
(4) Construction of permanent surfaced roadways and bridges.
(5) Any project requiring engineered design or certification by a
registered engineer.
(6) Any contract, except contracts with public agencies, nonprofit
organizations, or Indian tribes that exceed fifty thousand dollars
($50,000) in cost, excluding the cost for gravel, for fish and
wildlife habitat preservation, restoration, and enhancement for any
one of the following:
(A) Fish screens, weirs, and ladders.
(B) Drainage or other watershed improvements.
(C) Gravel and rock removal or placement.
(D) Irrigation and water distribution systems.
(E) Earthwork and grading.
(F) Fencing.
(G) Planting trees or other habitat vegetation.
(H) Construction of temporary storage buildings.

1502. The department, in accordance with policies established by
the commission, may provide for the feeding of game birds, mammals,
or fish at such times as natural foods therefor are not available,
and may provide suitable area or areas for such feeding, and may for
those purposes expend such money as is necessary from the Fish and
Game Preservation Fund.

1503. The department shall provide for the feeding of deer wherever
the director finds that natural forage is unavailable therefor due
to excessive snow. The times, extent, and manner of such feeding
shall be prescribed by the director. In carrying out the provisions
of this section neither the department nor the director shall be
bound by any policy determination or regulation of the commission, it
being the purpose of this section to commit to the independent
discretion of the director all matters within the purview of this
section.
No deer shall be fed pursuant to this section upon any privately
owned land without the consent of the owner or person in lawful
possession of such land.

1504. (a) When income is derived directly from real property
acquired and operated by the state as wildlife management areas, and
regardless of whether income is derived from property acquired after
October 1, 1949, the department shall pay annually to the county in
which the property is located an amount equal to the county taxes
levied upon the property at the time title to the property was
transferred to the state. The department shall also pay the
assessments levied upon the property by any irrigation, drainage, or
reclamation district.
(b) Any delinquent penalties or interest applicable to any such
assessments made prior to September 9, 1953, are hereby canceled and
shall be waived.
(c) Payments provided by this section shall be from funds
available to the department.
(d) As used in this section, the term "wildlife management area"
includes waterfowl management areas, deer ranges, upland game bird
management areas, and public shooting grounds.
(e) Payments under this section shall be made on or before
December 10 of each year, excepting newly acquired property for which
payments shall be made pursuant to subdivision (f).
(f) Payments for the purposes of this section shall be made within
one year of the date title to the property was transferred to the
state, or within 90 days from the date of designation as a wildlife
management area, whichever occurs first, prorated for the balance of
the year from the date of designation as a wildlife management area
to the 30th day of June following the date of designation as a
wildlife management area, and, thereafter, payments shall be made on
or before December 10 of each year.

1505. In addition to any other powers vested in the department, it
may manage, control and protect such portions of the following
spawning areas which occupy state-owned lands to the extent necessary
to protect fishlife in these areas. In the event of any conflict
under this section with the action of another department or agency of
the state or any other public agency, the action of the Department
of Fish and Game taken pursuant to this section shall prevail except
for: (a) action of the state or regional water quality control boards
in establishing waste discharge requirements, (b) action as required
for commerce and navigation, (c) action by public agencies
reasonably necessary for bridge crossings, water conservation or
utilization, or flood protection projects, including the
construction, maintenance, and operation thereof. The exceptions in
subdivision (c) shall not extend to the depositing of materials,
other than necessary structural materials, in, or the removing of
materials from the streambeds in the areas designated in this
section, other than as necessary for the installation of structures.
These areas are:
The Sacramento River between Keswick and Squaw Hill Bridge, near
Vina.
The Feather River between Oroville and the mouth of Honcut Creek.
The Yuba River between Englebright Dam and a point approximately
four miles east of Marysville.
The American River between Nimbus Dam and a point one mile
downstream from Arden Way.
The Mokelumne River between Pardee Dam and Lockeford.
The Stanislaus River between Goodwin Dam and Riverbank.
The Tuolumne River between La Grange Dam and the Geer Road (J14)
Bridge.
The Merced River between Crocker Huffman Dam and Cressey.
The Trinity River between Lewiston Dam and the confluence of the
North Fork Trinity, near Helena.
The Eel River, from Fort Seward to Lake Pillsbury.
The South Fork Eel River.
The Middle Fork Smith River, from its mouth to Knopti Creek.
The South Fork Smith River, from its mouth to Harrington Creek.
The Salmon River, from its mouth to Rush Creek on the South Fork
Salmon River, to Carter Meadow on the east fork of the South Fork
Salmon River, and to Finley Camp on the North Fork Salmon River.
Battle Creek, from its mouth to Coleman Powerhouse.
The Cosumnes River, from Meiss Road Bridge to Latrobe Road Bridge.
The Van Duzen River, from Yager Creek to the falls 1 1/2 miles
above Bloody Run Creek.
The Mad River, from Blue Lake Bridge to Bug Creek.
The Middle Fork Eel River.
The Mattole River.
The Noyo River.
The Big River, Mendocino County.
The Gualala River.
The Garcia River, Mendocino County.
Until ownership of any land in these areas has been legally
determined, the director shall disapprove any stream alterations of
any prime salmon and steelhead spawning areas when in his opinion
such alterations would prove deleterious to fishlife.