SECTIONS 3700-3705 - California Statutes

FISH AND GAME CODE

SECTION 3700-3705

3700. (a) It is unlawful for any person, except a person licensed
pursuant to paragraph (2) of subdivision (a) of Section 3031, to take
any migratory game bird, except jacksnipe, coots, gallinules,
western mourning doves, white-winged doves, and band-tailed pigeons,
without first procuring either an open edition or a Governor's
edition state duck stamp, as provided in subdivisions (b) and (c),
and having the state duck stamp in his or her possession while taking
those birds.
(b) State duck stamps, open edition, shall be sold for a fee of
ten dollars ($10) by the department and by license agents, who are
authorized by the department pursuant to Section 1055, in the same
manner as hunting licenses.
(c) State duck stamps, Governor's edition, may be printed and sold
on a bid basis, beginning at a minimum bid, as determined by the
department or its representative.
(d) The commission shall determine the form of the state duck
stamp.
(e) The department may prepare and sell artwork, posters, and
other promotional materials related to the sale of duck stamps or
waterfowl hunting and conservation.
(f) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.

3700.1. (a) It is unlawful for any person, except a person licensed
pursuant to paragraph (2) of subdivision (a) of Section 3031, to
take any migratory game bird, except jacksnipe, coots, gallinules,
western mourning doves, white-winged doves, and band-tailed pigeons,
without first procuring a state duck hunting validation as provided
in subdivision (b), and having that validation in his or her
possession while taking those birds.
(b) State duck hunting validations shall be sold for a fee of ten
dollars ($10) by the department and by license agents, who are
authorized by the department pursuant to Section 1055.1, in the same
manner as hunting licenses.
(c) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.

3700.2. (a) Upon full implementation of the Automated License Data
System, the department shall continue to prepare, or have prepared,
state duck stamps depicting migratory waterfowl.
(b) Any person who obtains a duck hunting validation pursuant to
Section 3700.1 is entitled, upon request, to receive a state duck
stamp, open edition, at no additional charge.
(c) Any person may purchase a state duck stamp, open edition, for
a fee of ten dollars ($10).
(d) State duck stamps, Governor's edition, may be printed and sold
on a bid basis, beginning at a minimum bid, as determined by the
department or its representative.
(e) The commission shall determine the form of the state duck
stamp.
(f) Possession of a state duck stamp obtained pursuant to this
section does not entitle the holder to take any migratory bird, as
defined in Section 3700.1.
(g) The department may prepare and sell artwork, posters, and
other promotional materials related to the sale of duck stamps or
waterfowl hunting and conservation.

3701. All funds derived from the sale of state duck hunting
validations and state duck stamps, and related items authorized by
subdivision (e) of Section 3700 or subdivision (g) of Section 3700.2,
shall be deposited in the State Duck Stamp Account in the Fish and
Game Preservation Fund to permit separate accountability for the
receipt and expenditure of these funds. An amount not to exceed 6
percent of the amount annually deposited in the account may be used
for administrative overhead related to the use of those funds and for
implementation of the federal Migratory Bird Harvest Program.

3702. Funds deposited in the State Duck Stamp Account shall be used
for projects or endowments approved by the commission for the
purpose of protecting, preserving, restoring, enhancing, and
developing migratory waterfowl breeding and wintering habitat,
evaluating habitat projects, and conducting waterfowl resource
assessments and other waterfowl related research. These funds may be
used to reimburse nonprofit organizations for completed habitat
projects. Subject to Section 3704, the department may make grants or
enter into contracts with nonprofit organizations for the use of
these funds when it finds that the contracts are necessary for
carrying out the purposes of this article.

3702.5. The department may permit individual artists to sell a
limited number of prints of duck stamp related artwork or posters.
This section shall become operative on July 1, 1993.

3703. Before the commission may consider any project which proposes
the use of funds from the State Duck Stamp Account, the department
shall analyze such project and provide the commission with
recommendations as to the project's feasibility and need.

3704. Two dollars and twenty-five cents ($2.25) of the amount
collected by the department for each state duck stamp sold shall be
allocated by the commission for the purposes of the North American
Waterfowl Management Plan in those areas of Canada from which come
substantial numbers of waterfowl migrating to, or through,
California. These funds shall be matched with federal or private
funds available for that purpose. The available balance of the funds
shall be used for any project authorized pursuant to Section 3702 in
California. However, any lands acquired in California with those
funds shall be open to waterfowl hunting as a public shooting ground
or wildlife management area.
This section shall become operative on July 1, 1993.

3704.5. Waterfowl projects authorized pursuant to Sections 3702 and
3460 are not subject to Part 2 (commencing with Section 10100) of
Division 2 of the Public Contract Code or Article 6 (commencing with
Section 999) of Chapter 6 of Division 4 of the Military and Veterans
Code. With the approval of the entity in control of property affected
by a project, the department may make grants to, or enter into
contracts with, nonprofit organizations for the accomplishment of
those projects, or the department may reimburse the controlling
entity for its costs of accomplishing the project.
This section shall become operative on July 1, 1993.

3705. Before allocating funds to any project to be undertaken
outside the state, or outside the United States, the commission shall
secure evidence that the project is acceptable to the government
agency having jurisdiction over the lands and waters affected by such
project.