SECTIONS 1760-1769 - California Statutes

FISH AND GAME CODE

SECTION 1760-1769

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.

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.

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.

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.

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 sportfishing license issued pursuant to Section
7149, 7149.1, 7150, or 7151, or that person is a member of a tour by
an organized youth or school group which 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.
(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.

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.

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.

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 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).

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.

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.