Authority to Regulate Take and Possession

Division 1, Chapter 2, Article 1 of the Fish and Game Commission deal with the authority for regulation of take and possession under the Fish and Game Commission.

Section 200 delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles, with at least two specified exceptions.

Section 201 explains that 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.

Section 203 specifies that any regulation of the commission 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 five specified actions as to any or all species or subspecies.

Section 203.1 requires the commission to consider populations, habitat, food supplies, the welfare of individual animals, and other pertinent facts and testimony.

Section 205 provides that any regulation of the commission 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 four specified actions as to any or all species or subspecies.

Section 219 specifies that any regulation adopted may supersede any section of this code designated by number in the regulation, but only does so to the extent specifically provided in the regulation. A regulation which is adopted pursuant to this section is valid only to the extent that it makes additions, deletions, or changes to this code under one of two specified circumstances.