Fish and Game Code

§ 1 Division 0.5, Chapter 1 This code shall be known as the Fish and Game Code. (Enacted by Stats. 1957, Ch. 456.) § 2 Division 0.5, Chapter 1 Unless the provisions or the context otherwise requires, the definitions in this chapter govern the construction of this code and all regulations adopted under this code. (Amended by Stats. 1998, Ch. 1052, Sec. 3. Effective January 1, 1999.) § 3 Division 0.5, Chapter 1 The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments. This code shall not impair any privilege granted or right acquired under any of the laws of this State prior to the date it takes effect. (Enacted by Stats. 1957, Ch. 456.) § 4 Division 0.5, Chapter 1 Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1957, Ch. 456.) § 5 Division 0.5, Chapter 1 Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and additions heretofore or hereafter made. (Enacted by Stats. 1957, Ch. 456.) § 6 Division 0.5, Chapter 1 Whenever a power is granted to, or duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1957, Ch. 456.) § 7 Division 0.5, Chapter 1 Whenever a statement or report is required to be made, it shall be made in the English language. Nothing in this section shall prohibit the department from providing an unofficial translation of a statement or report in a language other than English. (Amended by Stats. 2015, Ch. 154, Sec. 1. (AB 1527) Effective January 1, 2016.) § 8 Division 0.5, Chapter 1 The present tense includes the past and future tenses, and the future, the present. (Enacted by Stats. 1957, Ch. 456.) § 9 Division 0.5, Chapter 1 The masculine gender includes the feminine and the neuter. (Enacted by Stats. 1957, Ch. 456.) § 9.2 Division 0.5, Chapter 1 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 41. (SB 1005) Effective January 1, 2017.) § 10 Division 0.5, Chapter 1 The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1957, Ch. 456.) § 11 Division 0.5, Chapter 1 Whenever in this code the doing of an act between certain dates or from one date to another is allowed or prohibited, the period of time thereby indicated includes both dates specified. The first date specified designates the first day of the period, and the second day specified designates the last day of the period. No period of time specified in this code exceeds one year unless otherwise expressly provided. (Enacted by Stats. 1957, Ch. 456.) § 12 Division 0.5, Chapter 1 Wherever the term “Fish Commission Fund” or “Game Preservation Fund” appears in any law, it means “Fish and Game Preservation Fund.” (Enacted by Stats. 1957, Ch. 456.) § 13 Division 0.5, Chapter 1 Unless otherwise specified by statute, any notice or other written communication required to be sent to any person by this code or regulations adopted pursuant thereto, is sufficient notice if sent by first-class mail to the last address furnished to the department by that person. (Amended by Stats. 1994, Ch. 935, Sec. 1. Effective January 1, 1995.) § 13.5 Division 0.5, Chapter 1 “Adaptive management,” unless otherwise specified in this code, means management that improves the management of biological resources over time by using new information gathered through monitoring, evaluation, and other credible sources as they become available, and adjusts management strategies and practices to assist in meeting conservation and management goals. Under adaptive management, program actions are viewed as tools for learning to inform future actions. (Added by Stats. 2012, Ch. 559, Sec. 3. (AB 2402) Effective January 1, 2013.) § 14 Division 0.5, Chapter 1 “Anadromous fish” means fish which spawn in fresh water and spend a portion of their lives in the ocean. (Added by Stats. 1982, Ch. 1486, Sec. 1.5.) § 15 Division 0.5, Chapter 1 “Angling” means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth. (Amended by Stats. 1989, Ch. 318, Sec. 1.) § 16 Division 0.5, Chapter 1 “Affix” means physically attached to or imprinting an electronic validation to a license document. (Added by Stats. 2001, Ch. 112, Sec. 1. Effective January 1, 2002.) § 17 Division 0.5, Chapter 1 “Aquaculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. “Aquaculture” does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes, however, these species continue to be regulated under Chapter 2 (commencing with Section 2116) of Division 3. (Amended by Stats. 1983, Ch. 131, Sec. 1. Effective June 27, 1983.) § 18 Division 0.5, Chapter 1 “Bag limit” means the maximum limit, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may lawfully be taken by any one person during a specified period of time. (Amended by Stats. 2007, Ch. 285, Sec. 1. Effective January 1, 2008.) § 19 Division 0.5, Chapter 1 “Possession limit” means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person. (Added by Stats. 2007, Ch. 285, Sec. 2. Effective January 1, 2008.) § 22 Division 0.5, Chapter 1 “Bird” means a wild bird or part of a wild bird. (Amended by Stats. 2015, Ch. 154, Sec. 2. (AB 1527) Effective January 1, 2016.) § 24 Division 0.5, Chapter 1 “Buy” includes an offer to buy, purchase, barter, exchange, or trade. (Amended by Stats. 1985, Ch. 1403, Sec. 1.) § 27 Division 0.5, Chapter 1 “Chumming” means the placing in the water of fish, or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken. (Amended by Stats. 2015, Ch. 154, Sec. 3. (AB 1527) Effective January 1, 2016.) § 29 Division 0.5, Chapter 1 “Closed season” means that period of time during which the taking of birds, mammals, fish, amphibians, or reptiles is prohibited. (Amended by Stats. 2015, Ch. 154, Sec. 4. (AB 1527) Effective January 1, 2016.) § 30 Division 0.5, Chapter 1 “Commission” means the Fish and Game Commission, and “commissioner” means a member of the Fish and Game Commission. (Enacted by Stats. 1957, Ch. 456.) § 32 Division 0.5, Chapter 1 “County” includes city and county. (Enacted by Stats. 1957, Ch. 456.) § 33 Division 0.5, Chapter 1 “Credible science” means the best available scientific information that is not overly prescriptive due to the dynamic nature of science, and includes the evaluation principles of relevance, inclusiveness, objectivity, transparency, timeliness, verification, validation, and peer review of information as appropriate. Credible science also recognizes the need for adaptive management, as defined in Section 13.5, as scientific knowledge evolves. (Added by Stats. 2012, Ch. 559, Sec. 4. (AB 2402) Effective January 1, 2013.) § 35 Division 0.5, Chapter 1 “Day” means calendar day, and “week” means calendar week. (Enacted by Stats. 1957, Ch. 456.) § 37 Division 0.5, Chapter 1 “Department” means the Department of Fish and Wildlife. (Amended by Stats. 2012, Ch. 559, Sec. 5. (AB 2402) Effective January 1, 2013.) § 39 Division 0.5, Chapter 1 “Director” means the Director of Fish and Wildlife. (Amended by Stats. 2012, Ch. 559, Sec. 6. (AB 2402) Effective January 1, 2013.) § 41 Division 0.5, Chapter 1 “District” means fish and game district. (Enacted by Stats. 1957, Ch. 456.) § 43 Division 0.5, Chapter 1 “Ecosystem-based management” means an environmental management approach relying on credible science, as defined in Section 33, that recognizes the full array of interactions within an ecosystem, including humans, rather than considering single issues, species, or ecosystem services in isolation. (Added by Stats. 2012, Ch. 559, Sec. 7. (AB 2402) Effective January 1, 2013.) § 45 Division 0.5, Chapter 1 “Fish” means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. (Amended by Stats. 2015, Ch. 154, Sec. 5. (AB 1527) Effective January 1, 2016.) § 46 Division 0.5, Chapter 1 “Guide boat” means a boat or vessel under 25 feet in length, which is used by a guide, who is licensed under Chapter 5 (commencing with Section 2535) of Division 3, in inland waters for any of the following purposes: (1) For the business of packing or guiding. (2) For compensation, to assist another person in taking or attempting to take any fish or amphibian. (3) For compensation, to assist another person in locating any bird or mammal. (Added by Stats. 1987, Ch. 200, Sec. 1. Effective July 23, 1987.) § 48 Division 0.5, Chapter 1 “Hook” or “fishhook” means an implement to catch or hold fish or amphibia. “Single hook” means any hook with one point and with or without a barb; “double hook” means any hook with two points and with or without barbs; “treble or triple hook” means any hook with three points and with or without barbs. “Snag” or “gaff” hooks are hooks with or without handles used to take fish in such manner that the fish does not take the hook voluntarily in its mouth. (Enacted by Stats. 1957, Ch. 456.) § 51 Division 0.5, Chapter 1 “Kelp” means kelp or other marine aquatic plants and the seeds thereof. (Enacted by Stats. 1957, Ch. 456.) § 54 Division 0.5, Chapter 1 “Mammal” means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. (Amended by Stats. 2015, Ch. 154, Sec. 6. (AB 1527) Effective January 1, 2016.) § 54.5 Division 0.5, Chapter 1 “Marine finfish aquaculture” means the propagation, cultivation, or maintenance of finfish species in the waters of the Pacific Ocean that are regulated by this state. (Added by Stats. 2006, Ch. 36, Sec. 2. Effective January 1, 2007.) § 55 Division 0.5, Chapter 1 “Mile” means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. Statute miles shall be the unit of measurement for all land masses, rivers, streams, creeks, and inland bodies of water. Nautical miles shall be the unit of measurement for all marine waters. (Added by Stats. 1992, Ch. 1370, Sec. 1. Effective October 27, 1992.) § 56 Division 0.5, Chapter 1 “Net” means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. (Enacted by Stats. 1957, Ch. 456.) § 57 Division 0.5, Chapter 1 “Nonresident” means a person who is not a resident as defined in Section 70. (Amended by Stats. 2015, Ch. 154, Sec. 7. (AB 1527) Effective January 1, 2016.) § 60 Division 0.5, Chapter 1 “Oath” includes affirmation. (Enacted by Stats. 1957, Ch. 456.) § 61 Division 0.5, Chapter 1 “Ocean ranching” means aquaculture where juvenile anadromous fish are reared and released into state waters to grow and return to an aquaculture facility to be harvested commercially. (Added by Stats. 1982, Ch. 1486, Sec. 3.) § 62 Division 0.5, Chapter 1 “Open season” means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. If used to define the period of time during which take is allowed “season” means “open season.” (Amended by Stats. 2007, Ch. 285, Sec. 3. Effective January 1, 2008.) § 64 Division 0.5, Chapter 1 “Order,” “rule,” and “regulation” are used interchangeably and each includes the others. (Enacted by Stats. 1957, Ch. 456.) § 67 Division 0.5, Chapter 1 “Person” means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. (Amended by Stats. 1994, Ch. 1010, Sec. 121. Effective January 1, 1995.) § 68 Division 0.5, Chapter 1 “Purchase” means “buy” as defined in Section 24. (Added by Stats. 1985, Ch. 1403, Sec. 2.) § 70 Division 0.5, Chapter 1 “Resident” means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code. (Amended by Stats. 2023, Ch. 132, Sec. 1. (AB 1760) Effective January 1, 2024.) § 73 Division 0.5, Chapter 1 “Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1957, Ch. 456.) § 75 Division 0.5, Chapter 1 “Sell” includes offer or possess for sale, barter, exchange, or trade. (Enacted by Stats. 1957, Ch. 456.) § 79 Division 0.5, Chapter 1 “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1957, Ch. 456.) § 80 Division 0.5, Chapter 1 Unless the provision or context otherwise requires, a provision of this code that applies to a whole animal also applies to a part of the animal. (Added by Stats. 2015, Ch. 154, Sec. 8. (AB 1527) Effective January 1, 2016.) § 81 Division 0.5, Chapter 1 “Signature” or “subscription” includes mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses also sign their own names. (Enacted by Stats. 1957, Ch. 456.) § 82 Division 0.5, Chapter 1 “Slurp gun” means a self-contained, hand-held device used to capture fish by rapidly drawing water containing fish into a closed chamber. (Added by Stats. 1992, Ch. 742, Sec. 1. Effective January 1, 1993.) § 83 Division 0.5, Chapter 1 “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1957, Ch. 456.) § 86 Division 0.5, Chapter 1 “Take” means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. (Enacted by Stats. 1957, Ch. 456.) § 88 Division 0.5, Chapter 1 “Transport” includes offer or receive for transportation. (Enacted by Stats. 1957, Ch. 456.) § 89 Division 0.5, Chapter 1 For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code. (Added by Stats. 1995, Ch. 28, Sec. 1. Effective January 1, 1996.) § 89.1 Division 0.5, Chapter 1 “Waters of the state,” “waters of this state,” and “state waters” have the same meaning as “waters of the state” as defined in subdivision (e) of Section 13050 of the Water Code. (Added by Stats. 2007, Ch. 285, Sec. 4. Effective January 1, 2008.) § 89.5 Division 0.5, Chapter 1 “Wildlife” means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. (Added by Stats. 2015, Ch. 154, Sec. 9. (AB 1527) Effective January 1, 2016.) § 90 Division 0.5, Chapter 2 The definitions in this chapter govern the construction of Section 1022, Chapter 7 (commencing with Section 1700) of Division 2, and Division 6 (commencing with Section 5500), and all regulations adopted pursuant to those provisions. (Amended by Stats. 2018, Ch. 477, Sec. 3. (AB 1573) Effective January 1, 2019.) § 90.1 Division 0.5, Chapter 2 “Adaptive management,” in regard to a marine fishery, means a scientific policy that seeks to improve management of biological resources, particularly in areas of scientific uncertainty, by viewing program actions as tools for learning. Actions shall be designed so that even if they fail, they will provide useful information for future actions. Monitoring and evaluation shall be emphasized so that the interaction of different elements within the system can be better understood. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 90.5 Division 0.5, Chapter 2 “Bycatch” means fish or other marine life that are taken in a fishery but which are not the target of the fishery. “Bycatch” includes discards. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 90.7 Division 0.5, Chapter 2 “Depressed,” with regard to a marine fishery, means the condition of a fishery for which the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates a declining population trend has occurred over a period of time appropriate to that fishery. With regard to fisheries for which management is based on maximum sustainable yield, or in which a natural mortality rate is available, “depressed” means the condition of a fishery that exhibits declining fish population abundance levels below those consistent with maximum sustainable yield. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 91 Division 0.5, Chapter 2 “Discards” means fish that are taken in a fishery but are not retained because they are of an undesirable species, size, sex, or quality, or because they are required by law not to be retained. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 93 Division 0.5, Chapter 2 “Essential fishery information,” with regard to a marine fishery, means information about fish life history and habitat requirements; the status and trends of fish populations, fishing effort, and catch levels; fishery effects on fish age structure and on other marine living resources and users, and any other information related to the biology of a fish species or to taking in the fishery that is necessary to permit fisheries to be managed according to the requirements of this code. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 94 Division 0.5, Chapter 2 “Fishery” means both of the following: (a) One or more populations of marine fish or marine plants that may be treated as a unit for purposes of conservation and management and that are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics. (b) Fishing for, harvesting, or catching the populations described in (a). (Amended by Stats. 2002, Ch. 559, Sec. 1. Effective January 1, 2003.) § 96 Division 0.5, Chapter 2 “Marine living resources” includes all wild mammals, birds, reptiles, fish, and plants that normally occur in or are associated with salt water, and the marine habitats upon which these animals and plants depend for their continued viability. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 96.5 Division 0.5, Chapter 2 “Maximum sustainable yield” in a marine fishery means the highest average yield over time that does not result in a continuing reduction in stock abundance, taking into account fluctuations in abundance and environmental variability. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 97 Division 0.5, Chapter 2 “Optimum yield,” with regard to a marine fishery, means the amount of fish taken in a fishery that does all of the following: (a) Provides the greatest overall benefit to the people of California, particularly with respect to food production and recreational opportunities, and takes into account the protection of marine ecosystems. (b) Is the maximum sustainable yield of the fishery, as reduced by relevant economic, social, or ecological factors. (c) In the case of an overfished fishery, provides for rebuilding to a level consistent with producing maximum sustainable yield in the fishery. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 97.5 Division 0.5, Chapter 2 “Overfished,” with regard to a marine fishery, means both of the following: (a) A depressed fishery. (b) A reduction of take in the fishery is the principal means for rebuilding the population. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 98 Division 0.5, Chapter 2 “Overfishing” means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 98.2 Division 0.5, Chapter 2 “Participants” in regard to a fishery means the sportfishing, commercial fishing, and fish receiving and processing sectors of the fishery. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 98.5 Division 0.5, Chapter 2 “Population” or “stock” means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 99 Division 0.5, Chapter 2 “Restricted access,” with regard to a marine fishery, means a fishery in which the number of persons who may participate, or the number of vessels that may be used in taking a specified species of fish, or the catch allocated to each fishery participant, is limited by statute or regulation. (Amended by Stats. 1999, Ch. 483, Sec. 1. Effective January 1, 2000.) § 99.5 Division 0.5, Chapter 2 “Sustainable,” “sustainable use,” and “sustainability,” with regard to a marine fishery, mean both of the following: (a) Continuous replacement of resources, taking into account fluctuations in abundance and environmental variability. (b) Securing the fullest possible range of present and long-term economic, social, and ecological benefits, maintaining biological diversity, and, in the case of fishery management based on maximum sustainable yield, taking in a fishery that does not exceed optimum yield. (Added by Stats. 1998, Ch. 1052, Sec. 4. Effective January 1, 1999.) § 101 Division 1, Chapter 1 There is in the Resources Agency the Fish and Game Commission created by Section 20 of Article IV of the Constitution. (Amended by Stats. 1969, Ch. 55.) § 101.5 Division 1, Chapter 1 (a) The Legislature finds and declares that the scope and responsibilities of the commission have significantly expanded over the years as the size and diversity of California’s population have increased, and as the scientific knowledge of the habitat conservation and ecosystem-based management needs of wildlife has expanded. The members of the commission are expected to make complex public policy and biological decisions on behalf of the people of California. The commission is created by the California Constitution, which does not include any criteria or qualifications for selection and appointment of commissioners. (b) It is therefore the intent of the Legislature to encourage the Governor and the Senate Committee on Rules to consider the following minimum qualifications in selecting, appointing, and confirming commissioners to serve on the commission: (1) The degree to which the appointee will enhance the diversity of background and geographic representation of the commission. (2) The appointee’s demonstrated interest and background in, and familiarity with, wildlife and natural resources management programs at the state or federal level. (3) The appointee’s previous experience in public policy decisionmaking, including government processes involving public participation. (4) The appointee’s commitment to prepare for and attend meetings and subcommittee meetings of the commission and to comply with all applicable state conflict-of-interest laws. (5) The extent of the appointee’s exposure to and experience with the basic science underpinning the management of living natural resources. (6) The appointee’s diversity of knowledge of natural resource issues and related scientific disciplines, including, but not limited to, outdoor recreation. (Added by Stats. 2012, Ch. 592, Sec. 1. (AB 2609) Effective January 1, 2013.) § 102 Division 1, Chapter 1 (a) The commissioners shall annually elect one of their number as president and one as vice president, by a concurrent vote of at least three commissioners. (b) The president or vice president may be removed from the position of president or vice president by a vote, at any time, of at least three commissioners. (c) In the event of a vacancy in either the position of president or vice president, the commission shall fill that vacancy at the next regularly scheduled meeting of the commission. The elected successor president or vice president shall serve for the unexpired term of the predecessor until the annual election pursuant to subdivision (a). (d) The commission may not adopt or enforce a policy or a regulation that provides for the president and vice president to be chosen by seniority nor may the commission adopt or enforce any other policy or regulation that would make a commissioner ineligible to be elected as president or vice president of the commission. (Amended by Stats. 2017, Ch. 521, Sec. 2. (SB 809) Effective January 1, 2018.) § 103 Division 1, Chapter 1 (a) Each of the commissioners shall receive one hundred dollars ($100) for each day of actual service performed in carrying out his or her official duties pursuant to law, but the amount of this compensation shall not exceed for any one commissioner the sum of five hundred dollars ($500) for any one calendar month. In addition to this compensation, the commissioners shall receive their actual and necessary expenses incurred in the performance of their duties. (b) The compensation and expenses provided in this section shall be paid out of the Fish and Game Preservation Fund. (Amended by Stats. 2007, Ch. 419, Sec. 2. Effective October 10, 2007.) § 104 Division 1, Chapter 1 The commission may employ a staff, including an executive director, to assist the commission in conducting its operations, but neither the commission nor its staff shall have or be given any powers in relation to the administration of the department. (Amended by Stats. 2006, Ch. 667, Sec. 1. Effective January 1, 2007.) § 105 Division 1, Chapter 1 The commission shall form a marine resources committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all marine resource matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant marine living resource management documents are being developed. (Amended by Stats. 1999, Ch. 483, Sec. 3. Effective January 1, 2000.) § 106 Division 1, Chapter 1 The commission shall form a wildlife resources committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all nonmarine resource matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant wildlife resource management documents are being developed. (Added by Stats. 2013, Ch. 233, Sec. 2. (AB 497) Effective January 1, 2014.) § 106.5 Division 1, Chapter 1 The commission shall form a tribal committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all tribal matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant tribal management documents are being developed. (Added by Stats. 2017, Ch. 457, Sec. 1. (SB 161) Effective January 1, 2018.) § 107 Division 1, Chapter 1 The commission shall adopt a code of conduct that requires, at a minimum, that a commissioner adhere to the following principles: (a) A commissioner shall faithfully discharge the duties, responsibilities, and quasi-judicial actions of the commission. (b) A commissioner shall conduct his or her affairs in the public’s best interest, following principles of fundamental fairness and due process of law. (c) A commissioner shall conduct his or her affairs in an open, objective, and impartial manner, free of undue influence and the abuse of power and authority. (d) A commissioner understands that California’s wildlife and natural resources programs require public awareness, understanding, and support of, and participation and confidence in, the commission and its practices and procedures. (e) A commissioner shall preserve the public’s welfare and the integrity of the commission, and act to maintain the public’s trust in the commission and the implementation of its regulations and policies. (f) A commissioner shall not conduct himself or herself in a manner that reflects discredit upon state laws or policies, regulations, and principles of the commission. (g) A commissioner shall not make, participate in making, or in any other way attempt to use his or her official position to influence a commission decision in which the member has a financial interest. (Added by Stats. 2012, Ch. 592, Sec. 4. (AB 2609) Effective January 1, 2013.) § 108 Division 1, Chapter 1 By July 1, 2013, the commission shall adopt rules to govern the business practices and processes of the commission. (Added by Stats. 2012, Ch. 592, Sec. 5. (AB 2609) Effective January 1, 2013.) § 110 Division 1, Chapter 1 (a) The commission shall hold no fewer than eight regular meetings per calendar year, if the commission has adequate funding for related travel, including funding for department travel. The commission may also hold special meetings or hearings to receive additional input from the department and the public. (b) The commission shall announce the dates and locations of meetings for the year by January 1 of that year, or 60 days prior to the first meeting, whichever comes first. Meeting locations shall be accessible to the public and located throughout the state. To the extent feasible, meetings shall be held in state facilities. In setting the dates and locations for regular meetings, the commission shall also consider the following factors: (1) Recommendations of the department. (2) Opening and closing dates of fishing and hunting seasons. (3) The schedules of other state and federal regulatory agencies whose regulations affect the management of fish and wildlife of this state. (c) The commission shall cause the notice of the schedule for regular meetings, and notice of any change in the date and location of a meeting, to be disseminated to the public in a manner that will result in broad dissemination and that complies with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by renumbering Section 206 by Stats. 2016, Ch. 546, Sec. 7. (SB 1473) Effective January 1, 2017.) § 200 Division 1, Chapter 2, Article 1 (a) There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles. (b) No power is delegated to the commission by this section to regulate either of the following: (1) The taking, possessing, processing, or use of fish, amphibians, kelp, or other aquatic plants for commercial purposes. (2) The taking or possession of a spike buck or spotted fawn. “Spotted fawn” means a deer one year of age or less that has spotted pelage. “Spike buck” means a male deer with unbranched antlers on both sides that are more than three inches in length. (c) This section and any regulations adopted pursuant to this section have no effect on any provision of this code or any regulation adopted pursuant to this code that relates to a matter described in paragraph (1) of subdivision (b). (Amended by Stats. 2016, Ch. 546, Sec. 3. (SB 1473) Effective January 1, 2017.) § 201 Division 1, Chapter 2, Article 1 Nothing in this article confers upon the commission any power to regulate any natural resources or commercial or other activity connected therewith, except as specifically provided. (Enacted by Stats. 1957, Ch. 456.) § 203 Division 1, Chapter 2, Article 1 Any regulation of the commission pursuant to this article relating to resident game birds, game mammals and fur-bearing mammals may apply to all or any areas, districts, or portions thereof, at the discretion of the commission, and may do any or all of the following as to any or all species or subspecies: (a) Establish, extend, shorten, or abolish open seasons and closed seasons. (b) Establish, change, or abolish bag limits and possession limits. (c) Establish and change areas or territorial limits for their taking. (d) Prescribe the manner and the means of taking. (e) Establish, change, or abolish restrictions based upon sex, maturity, or other physical distinctions. (Amended by Stats. 1957, Ch. 1972.) § 203.1 Division 1, Chapter 2, Article 1 When adopting regulations pursuant to Section 203, the commission shall consider populations, habitat, food supplies, the welfare of individual animals, and other pertinent facts and testimony. (Added by Stats. 1979, Ch. 1076.) § 205 Division 1, Chapter 2, Article 1 Any regulation of the commission pursuant to this article which relates to fish, amphibia, and reptiles, may apply to all or any areas, districts, or portion thereof, at the discretion of the commission, and may do any or all of the following as to any or all species or subspecies: (a) Establish, extend, shorten, or abolish open seasons and closed seasons. (b) Establish, change, or abolish bag limits, possession limits, and size limits. (c) Establish and change areas or territorial limits for their taking. (d) Prescribe the manner and the means of taking. (Enacted by Stats. 1957, Ch. 456.) § 219 Division 1, Chapter 2, Article 1 Any regulation adopted pursuant to this article may supersede any section of this code designated by number in the regulation, but shall do so only to the extent specifically provided in the regulation. A regulation which is adopted pursuant to this section shall be valid only to the extent that it makes additions, deletions, or changes to this code under one of the following circumstances: (a) The regulation is necessary for the protection of fish, wildlife, and other natural resources under the jurisdiction of the commission. (b) The commission determines that an emergency exists or will exist unless the action is taken. An emergency exists if there is an immediate threat to the public health, safety, and welfare, or to the population or habitat of any species. A regulation which is adopted pursuant to this section shall be supported by written findings adopted by the commission at the time of the adoption of the regulation setting forth the basis for the regulation. A regulation adopted pursuant to this section shall remain in effect for not more than 12 months from its effective date. (Amended by Stats. 1991, Ch. 709, Sec. 1.) § 250 Division 1, Chapter 2, Article 2 (a) Except as provided in subdivision (b), this article applies to a commission regulation that governs the take or possession of any bird, mammal, fish, amphibian, or reptile. (b) This article does not apply to a regulation governed by subdivision (b) of Section 200 or Section 201. (c) Except as expressly provided, this article does not supersede any other applicable law that governs the adoption, amendment, or repeal of a regulation. (Repealed and added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.) § 255 Division 1, Chapter 2, Article 2 (a) When adopting, amending, or repealing a regulation governed by this article, the commission shall conduct the following steps at separate public meetings: (1) Approve the submission of a notice of proposed action to the Office of Administrative Law. (2) Consider public comment on the proposed action. The department shall participate in this process by reviewing and responding to all public comment. (3) Make a final decision on the proposed action. (b) The meetings required by this section may be regular or special meetings. (c) The meetings required by this section shall be duly noticed to the public in accordance with subdivision (c) of Section 110 and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (d) Within 45 days after the commission makes a final decision to adopt, amend, or repeal a regulation governed by this article, the department shall publish and distribute the regulation to each county clerk, district attorney, and judge of the superior court in the state. (Added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.) § 260 Division 1, Chapter 2, Article 2 (a) The commission and the department may do anything that is deemed necessary and proper to publicize and distribute a regulation governed by this article so that persons likely to be affected will be informed of them. The failure of the commission to provide any notice of a regulation governed by this article, beyond what is required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, does not impair the validity of the regulations. (b) Notwithstanding any other law, the commission and the department may contract with private entities to print regulations governed by this article, and other public information. The printing contract shall include criteria to ensure that the public information provided in the publication is easy to reference, read, and understand. (c) Printing contracts authorized by this section for which no state funds are expended are not subject to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, except for Article 2 (commencing with Section 10295) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. (d) Material printed pursuant to subdivision (b) that contains advertisements shall meet all specifications prescribed by the department. The printed material shall not contain advertisements for tobacco products, alcohol, firearms, and devices prohibited pursuant to Section 32625 of the Penal Code, Article 2 (commencing with Section 30600) of Chapter 2 of Division 10 of Title 4 of Part 6 of the Penal Code, or any provision listed in Section 16590 of the Penal Code, or firearms not authorized by the commission as a legal method of sport hunting, political statements, solicitations for membership in organizations, or any other statement, solicitation, or product advertisement that is in conflict with the purposes for which the material is produced, as determined by the commission. (e) Neither the department nor the commission shall contract with private entities to print the materials described in subdivision (b) if the letting of those contracts will result in the elimination of civil service positions. (f) The department or the license agent may give a copy of the current applicable published regulations governed by this article to each person issued a license, at the time the license is issued. (Added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.) § 265 Division 1, Chapter 2, Article 2 A regulation governed by this article is not subject to the time periods for the adoption, amendment, or repeal of a regulation prescribed in Sections 11343.4, 11346.4, 11346.8, and 11347.1 of the Government Code. (Added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.) § 270 Division 1, Chapter 2, Article 2 The adoption, amendment, or repeal of a regulation governed by this article shall become effective at the time specified in the regulation, but not sooner than the date of the filing. (Added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.) § 275 Division 1, Chapter 2, Article 2 A regulation governed by this article shall remain in effect for the period specified in the regulation or until superseded by subsequent regulation of the commission or by statute. (Added by Stats. 2016, Ch. 546, Sec. 18. (SB 1473) Effective January 1, 2017.) § 301 Division 1, Chapter 3, Article 1 The commission may adopt regulations that it deems necessary for the disposition of birds or mammals that are killed accidentally. (Amended by Stats. 2015, Ch. 154, Sec. 13. (AB 1527) Effective January 1, 2016.) § 302 Division 1, Chapter 3, Article 1 When adopting regulations pursuant to any authority otherwise vested in the commission by this code, the commission shall annually determine whether to continue, repeal, or amend regulations establishing hunting seasons for black bears. The determination shall include a review of factors which impact the health and viability of the black bear population. (Added by Stats. 1990, Ch. 687, Sec. 2.) § 303 Division 1, Chapter 3, Article 1 Prior to adopting a regulation authorizing a special hunting season for black bears for the purpose of curtailing property damage in any specified area, the commission shall comply with Article 2 (commencing with Section 325) of Chapter 3 of Division 1. (Added by Stats. 1990, Ch. 687, Sec. 3.) § 306 Division 1, Chapter 3, Article 1 Whenever, because of extreme fire hazard, any area is closed to entry by the public by any order or proclamation issued or concurred in by the Governor the commission may establish a season for hunting or fishing within the area. The season shall commence upon or after the expiration or termination of such closure and shall correspond in length of time as nearly as may be possible to the time during which such area was closed to hunting or fishing. (Enacted by Stats. 1957, Ch. 456.) § 307 Division 1, Chapter 3, Article 1 (a) Whenever after due investigation the commission finds that game fish, resident or migratory birds, game or fur-bearing mammals, amphibians, or reptiles have decreased in numbers in an area, district, or portion of an area or district to the extent that a scarcity exists, the commission may reduce the daily bag limit and the possession limit on those game fish, birds, mammals, amphibians, or reptiles that are in danger of depletion, for a period of time that the commission may specify, or until new legislation addressing the scarcity becomes effective. (b) A regulation adopted pursuant to this section shall be filed with the Secretary of State, and that filing shall be deemed a legal notice thereof. (c) The regulation shall be published twice in at least one newspaper of general circulation in every county affected by the order. The publications shall be separated by a period of not less than one week and not more than two weeks. The regulation shall be posted in such public places in each county as the director may direct. (Amended by Stats. 2015, Ch. 154, Sec. 14. (AB 1527) Effective January 1, 2016.) § 308 Division 1, Chapter 3, Article 1 Notwithstanding any other provisions of this code, in District 22 the taking of birds, mammals, fish, amphibians, or reptiles shall be subject to regulations adopted, from time to time, by the commission, except that it is unlawful in District 22 to take birds or mammals within one-eighth mile of any gallinaceous guzzler, if the area surrounding it is posted in the manner prescribed by the commission. In the Colorado River, in District 22, the commission may adopt regulations in agreement with the proper authorities of the State of Arizona. (Amended by Stats. 2023, Ch. 132, Sec. 2. (AB 1760) Effective January 1, 2024.) § 308.5 Division 1, Chapter 3, Article 1 For the preservation, protection and restoration of mountain sheep and other birds and mammals in arid regions of the state, the commission, in cooperation with the agency authorized to manage the land, may prohibit any activity, including but not limited to camping, in the vicinity of waterholes, springs, seeps, and other watering places which are on public lands. The department may enter into agreements with other state and federal agencies controlling public lands for the purpose of posting such areas. (Added by Stats. 1970, Ch. 869.) § 309 Division 1, Chapter 3, Article 1 (a) The commission or any person appointed by it to conduct a hearing may, in any investigation or hearing, cause the deposition of witnesses, residing within or without the state, to be taken in the manner prescribed by law for deposition in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, and may compel the attendance of witnesses and the production of documents and papers. The commission shall adopt regulations that afford procedural and substantive due process to any person whose license or permit is subject to revocation or suspension. Except upon conviction of a violation of this code or a regulation adopted pursuant to this code relating to the licensed or permitted activity and notwithstanding any other provision of this code, the commission shall not revoke or suspend any license or permit until the regulations required by this section have been adopted and approved by the Office of Administrative Law pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Any deliberation conducted by the commission, or conducted by any person appointed by the commission to conduct hearings, is deemed to be a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or similar provision, within the meaning of paragraph (3) of subdivision (c) of Section 11126 of the Government Code. (Amended by Stats. 2004, Ch. 182, Sec. 36. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.) § 310 Division 1, Chapter 3, Article 1 The commission may designate salmon spawning areas. It is unlawful to take salmon in any such spawning area, or within 250 feet of any salmon spawning station. (Enacted by Stats. 1957, Ch. 456.) § 312 Division 1, Chapter 3, Article 1 (a) The commission may issue a permit authorizing any member of the armed forces of the United States or any student or faculty member of an elementary or secondary school in the public school system actually assigned to, and participating in, an organized survival training course to take fish, amphibians, reptiles, birds, or mammals, except rare or endangered species, notwithstanding any other law or regulation, pursuant to the terms and conditions of that permit. A permit involving training by the armed forces of the United States shall be issued to the commanding officer of the unit having jurisdiction over the conduct of the survival training course. A permit involving training by an elementary or secondary school in the public school system shall be issued to the governing board or superintendent of the district having jurisdiction over that school and the conduct of the survival training course. A permit shall be applicable only to the area established for that survival training as designated by the commission in the permit and for the species and numbers designated in the permit. (b) The commission may revise a condition of a permit if it finds revision is necessary to properly protect the fish, amphibians, reptiles, birds, or mammals in the area. (c) The term of a permit issued pursuant to subdivision (a) shall be for not more than a calendar year. (d) A report shall be submitted on the expiration of the permit period specified pursuant to subdivision (c), or as otherwise required by the commission, of all fish, amphibians, reptiles, birds, or mammals taken during the period covered by the report in each permit area. A new permit shall not be issued until the report has been submitted and an existing permit may be canceled if a report is not submitted when required by the commission. (e) A person engaged in survival training taking a fish, amphibian, reptile, bird, or mammal pursuant to a permit issued under this section shall not use a firearm, bow and arrow, steel trap, explosive, chemical, poison, drug, net, or fish tackle, except that hooks, handlines, and improvised poles and lines may be used to take fish. (Amended by Stats. 2015, Ch. 154, Sec. 15. (AB 1527) Effective January 1, 2016.) § 313 Division 1, Chapter 3, Article 1 The commission may prohibit the taking or possessing of tuna in the same manner as taking or possessing tuna is prohibited by federal law or by rules or regulations adopted pursuant to the Tuna Conventions Act of 1950, as amended by Public Law 87-814 of the 87th Congress, notwithstanding any other provision of this code. (Added by Stats. 1963, Ch. 1598.) § 314 Division 1, Chapter 3, Article 1 The commission at any time may close to the taking of any species or subspecies of bird or mammal any area newly stocked by the department with resident or migratory game birds or game or fur-bearing mammals, or any area where, in the judgment of the commission, added protection for birds or mammals is needed to properly conserve the birds or mammals, for such time as the commission may designate, or until such time as new legislation thereon enacted by the Legislature may become effective. (Added by Stats. 1963, Ch. 1699.) § 315 Division 1, Chapter 3, Article 1 The commission may at any time close any stream, lake, or other inland waters, or portions thereof, to the taking of any species or subspecies of fish to protect and properly conserve the fish, except for the taking of fish otherwise permitted by this code under a commercial fishing license, for such time as the commission may designate, or until such time as new legislation thereon enacted by the Legislature may become effective. (Added by renumbering Section 314 (as added by Stats. 1963, Ch. 1439) by Stats. 1965, Ch. 137.) § 315.3 Division 1, Chapter 3, Article 1 The commission may open any stream, lake, or other inland waters, or any part of any stream, lake, or other inland waters, to the taking of any species or subspecies of fish for the proper utilization of the fish, for an amount of time specified by the commission, or until new legislation on the matter enacted by the Legislature becomes effective. (Amended by Stats. 2023, Ch. 132, Sec. 3. (AB 1760) Effective January 1, 2024.) § 316 Division 1, Chapter 3, Article 1 The commission may prohibit the taking or possessing of Pacific halibut (Hippoglossus) in the same manner as the taking or possessing of Pacific halibut is prohibited by federal law or by rules or regulations adopted by the International Pacific Halibut Commission, notwithstanding any other provision of this code. (Added by Stats. 1967, Ch. 996.) § 316.5 Division 1, Chapter 3, Article 1 The commission may prohibit the taking or possessing of salmon in the same manner as the taking or possessing of salmon is prohibited by federal law or by rules or regulations adopted by the United States Secretary of Commerce, notwithstanding any other provision of this code. (Added by Stats. 1996, Ch. 870, Sec. 1. Effective January 1, 1997.) § 317 Division 1, Chapter 3, Article 1 Any organization conducting a special hunt for servicemen or veterans residing in or assigned to a United States veterans or armed services medical facility may apply to the commission for, and the commission may issue, under such terms and conditions as it may impose, a permit to take birds and mammals notwithstanding the provisions of Sections 2006 and 3002. (Added by Stats. 1969, Ch. 695.) § 325 Division 1, Chapter 3, Article 2 Whenever after due investigation the commission finds that game mammals, other than deer, and fur-bearing mammals and resident game birds have increased in numbers in any areas, districts, or portions thereof other than a refuge or preserve established by statute, to such an extent that a surplus exists, or to such an extent that the mammals or birds are damaging public or private property, or are overgrazing their range, the commission may provide by regulation, for a special hunting season for the mammals and birds, additional to, or concurrent with any other open season specified by law; or provide for increased bag limits; or remove sex restrictions specified by law. (Amended by Stats. 1977, Ch. 839.) § 326 Division 1, Chapter 3, Article 2 Before adopting a regulation pursuant to Section 325, the commission at an open meeting shall publicly announce the contents of the proposed regulation, and fix a time and place for a hearing on the proposed regulation in each county that would be affected by the regulation. The time for each hearing shall be at least 21 days after the announcement, and the place shall be the county seat of the affected county. (Amended by Stats. 2015, Ch. 154, Sec. 16. (AB 1527) Effective January 1, 2016.) § 327 Division 1, Chapter 3, Article 2 Notice of the hearing shall be published at least once, and at least 10 days prior to the hearing, in a newspaper of general circulation in each of the counties in which the hearing is to be held, or if no such newspaper is published in that county or counties then in such a newspaper in an adjoining county. The hearing shall be conducted by either (a) the commission, (b) a member of the commission designated by it, or (c) the director if requested so to do by the commission. At least 10 days prior to the holding of any such hearing the commission shall notify each member of the board of supervisors, at his home address, of each county affected of the details of its proposed order affecting such county and the time and date of the hearing. (Amended by Stats. 1969, Ch. 813.) § 328 Division 1, Chapter 3, Article 2 Such employees of the department as may be necessary or are requested by any interested group of persons, shall be present at the hearing. After the hearing the commission may abandon the proposal or make a final regulation, with any modifications it deems appropriate, or without modification. (Enacted by Stats. 1957, Ch. 456.) § 329 Division 1, Chapter 3, Article 2 The regulation may fix a license fee for special hunting and designate the number of special licenses to be issued, the area in which such hunting will be permitted, the number and sex of animals or birds that may be killed by each holder of a special license, and the conditions and regulations to govern such hunting. (Amended by Stats. 1977, Ch. 839.) § 330 Division 1, Chapter 3, Article 2 Cooperative hunting areas, as described in Section 1575, may be established in connection with any area opened to hunting under the provisions of this article. (Amended by Stats. 2015, Ch. 154, Sec. 17. (AB 1527) Effective January 1, 2016.) § 331 Division 1, Chapter 3, Article 2.1 (a) The commission may determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the sex and total number of pronghorn antelope (Antilocapra americana) that may be taken under regulations that the commission may adopt from time to time. Only a person possessing a valid hunting license, who has not received a pronghorn antelope tag under these provisions during a period of time specified by the commission, may obtain a tag for the taking of pronghorn antelope. (b) The department may issue a pronghorn antelope tag upon payment of a fee. The fee for a pronghorn antelope tag shall be fifty-five dollars ($55) for a resident of the state, as adjusted under Section 713. On or before July 1, 2007, the commission shall, by regulation, fix the fee for a nonresident of the state at not less than a fee of three hundred fifty dollars ($350), as adjusted under Section 713. The fees shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended, in addition to moneys budgeted for salaries of persons in the department as set forth in Section 3953. (c) The commission shall direct the department to annually authorize not less than one pronghorn antelope tag or more than 1 percent of the total number of tags available for the purpose of raising funds for programs and projects to benefit pronghorn antelope. These tags may be sold at auction to residents or nonresidents of the state or by another method and are not subject to the fee limitation prescribed in subdivision (b). All revenues from sales pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (d) The commission shall direct the department to annually authorize one pronghorn antelope tag of the total number of tags available for issuance to nonresidents of the state. (e) This section shall become operative on July 1, 2025. (Repealed and added by Stats. 2018, Ch. 295, Sec. 2. (AB 2151) Effective January 1, 2019. Section operative July 1, 2025, by its own provisions.) § 332 Division 1, Chapter 3, Article 2.1 (a) The commission may determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the number of elk that may be taken under rules and regulations that the commission may adopt from time to time. The commission may authorize the taking of tule elk if the average of the department’s statewide tule elk population estimates exceeds 2,000 animals, or the Legislature determines, pursuant to the reports required by Section 3951, that suitable areas cannot be found in the state to accommodate that population in a healthy condition. (b) Only a person possessing a valid hunting license may obtain a tag for the taking of elk. (c) The department may issue an elk tag upon payment of a fee. The fee for an elk tag shall be one hundred sixty-five dollars ($165) for a resident of the state, as adjusted under Section 713. On or before July 1, 2007, the commission shall, by regulation, fix the fee for a nonresident of the state at not less than one thousand fifty dollars ($1,050), as adjusted under Section 713. The fees shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended, in addition to moneys budgeted for salaries of the department as set forth in Section 3953. (d) The commission shall annually direct the department to authorize not more than t