SECTIONS 850-860 - California Statutes

FISH AND GAME CODE

SECTION 850-860

850. The director shall, from time to time, employ or appoint, with
or without pay, such deputies, clerks, assistants, and other
employees as the department may need to discharge in proper manner
the duties imposed upon it by law.

851. A deputy appointed to enforce the provisions of this code is a
peace officer. The deputy has all the powers and authority conferred
by law upon peace officers listed in Section 830.6 of the Penal Code
to make arrests for violations of this code, and may serve all
processes and notices throughout the state.

853. The director may deputize any employee of the department to
check persons for licenses required under Section 7145 and to enforce
any violation of that section. Before a person is deputized pursuant
to this section for the first time, the person shall have
satisfactorily completed a training course meeting the minimum
standards of, and comparable to, the training for "level III reserve"
as set forth in the regulations of the Commission on Peace Officer
Standards and Training. Any person, who is deputized for this limited
purpose pursuant to this section, may not enforce any other
provision of this code, and is not a peace officer subject to Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.

854. Notwithstanding Section 18932 of the Government Code, the
minimum age limit for appointment to the position of fish and game
warden of the Department of Fish and Game shall be 18 years. Any
examination for the position of warden shall require a demonstration
of the physical ability to effectively carry out the duties and
responsibilities of the position in a manner that would not
inordinately endanger the health or safety of any warden or the
health and safety of others.

855. Regularly employed law enforcement officers of the department
may, when authorized by the director, expend such sums as authorized
for the purchase of fish, birds, or mammals as evidence, or for
expenditures related to the procurement of such evidence, or for
expenditures made to investigate other violations of this code
without divulging the identity of the employee.
The sums so expended shall be repaid to the law enforcement
officer making the expenditure upon claims approved by the director.
The claims, when approved, shall be paid out of the funds
appropriated or made available by law for the support of the
department.

856. (a) All employees of the department designated by the director
as deputized law enforcement officers are peace officers as provided
by Section 830.2 of the Penal Code. The authority of that peace
officer extends to any place in the state as to a public offense
committed or which offense there is probable cause to believe has
been committed within the state.
(b) Every peace officer described in this section, before the date
that he or she is first deputized by the department, shall have
satisfactorily completed the basic course as set forth in the
regulations of the Commission on Peace Officer Standards and
Training.
(c) Every peace officer described in this section shall be
required to complete regular training courses as required by the
Commission on Peace Officer Standards and Training.

857. (a) Notwithstanding any other provision of law, the status of
a person as an employee, agent, or licensee of the department does
not confer upon that person a special right or privilege to knowingly
enter private land without either the consent of the owner or a
search warrant, an inspection warrant.
(b) (1) Subdivision (a) does not apply to employees, agents, or
licensees of the department in the event of an emergency. For
purposes of this section, "emergency" means a sudden, unexpected
occurrence, involving a clear and imminent danger demanding immediate
action to prevent or mitigate loss of, or damage to, wildlife,
wildlife resources, or wildlife habitat.
(2) Subdivision (a) does not apply to a sworn peace officer
authorized pursuant to subdivision (e) of Section 830.2 of the Penal
Code or, if necessary for law enforcement purposes, to other
departmental personnel accompanying a sworn peace officer.
Subdivision (a) shall not be construed to define or alter any
authority conferred on those peace officers by any other law or court
decision.
(3) Subdivision (a) does not apply to, or interfere with, the
authority of employees or licensees to enter and inspect land in
conformance with Section 4604 of the Public Resources Code.
This section is not intended to expand or constrain the authority,
if any, of employees, agents, or licensees of the department to
enter private land to conduct inspections pursuant to Section 7702 of
this code or Section 8670.5, 8670.7, or 8670.10 of the Government
Code.
(c) If the department conducts a survey or evaluation of private
land that results in the preparation of a document or report, the
department shall, upon request and without undue delay, provide
either a copy of the report or a written explanation of the
department's legal authority for denying the request. The department
may charge a fee for each copy, not to exceed the direct costs of
duplication.

858. (a) The department, in cooperation with landowners and
landowner organizations, shall, on or before January 1, 1995, develop
a statewide policy and procedure for recording and processing
landowner complaints regarding alleged misconduct by personnel of the
department and a written protocol that ensures compliance with
Section 857.
(b) The department shall, on or before January 1, 1995, designate
official fish and game warden emblems and their placement. The
department shall prohibit personnel of the department who are not
peace officers from wearing any patch, badge, bar, or other indicia
of peace officer status. The selection and configuration of official
fish and game warden emblems shall be established by the department
in cooperation with California game wardens to ensure that the public
is readily able to distinguish game wardens from personnel who are
not peace officers.

859. Notwithstanding Section 11005 of the Government Code, the
department may seek and accept grants and donations from private and
public organizations and agencies for the purpose of administering
the Canine (K9) Program. The acceptance of one-time donations valued
over fifteen thousand dollars ($15,000) shall require approval of the
Department of Finance.

860. The department may offer for sale a fish and game warden stamp
to be designed and produced as the department may determine. The
fish and game warden stamp may be purchased on a voluntary basis from
the department or a licensed agent authorized pursuant to Section
1055.1 for a donation of not less than five dollars ($5). The
department may also design an electronic version of the fish and game
warden stamp to be offered through the Automated License Data
System. There shall be no indication on any license or permit of the
purchase of a warden stamp. All revenues from sales under this
section shall be deposited in the Fish and Game Warden Stamp Account
which is hereby created in the Fish and Game Preservation Fund to
permit separate accountability for the receipt and expenditure of
these funds. Funds deposited in the Fish and Game Warden Stamp
Account shall used, upon appropriation, to support the department's
fish and game wardens.