Fish and Game Management

Division 2, Chapter 5 of the Fish and Game Code deals with fish and game management in California. Article 1 provides general provisions.

Section 1500 allows the department, with the approval of the commission and the Department of General Services, to exchange any portion of the property lying within the boundaries of any area or range referred to in this section for any property within or contiguous to the area or range or may sell any portion of the property within the boundaries and with the proceeds to acquire any property within or contiguous to the area or range. The provisions of this section apply to twelve specified areas of the state.

Section 1500.5 provides two specified rules that govern an exchange or sale of property.

Section 1501 authorizes the department to expend funds as may be necessary for the improvement of property, including nonnavigable lakes and streams, riparian zones, and upland, in order to restore, rehabilitate, and improve fish and wildlife habitat. The improvement activities may include the removal of barriers to migration of fish and wildlife and the improvement of hatching, feeding, resting, and breeding places for wildlife.

Section 1501.5 authorizes the department to enter into contracts for fish and wildlife habitat preservation, restoration, and enhancement with public and private entities whenever the department finds that the contracts will assist in meeting the department’s duty to preserve, protect, and restore fish and wildlife. The department may grant funds for fish and wildlife habitat preservation, restoration, and enhancement to public agencies, Indian tribes, and nonprofit entities whenever the department finds that the grants will assist it in meeting its duty to preserve, protect, and restore fish and wildlife.

Section 1501.6 allows the department to allocate federal funds and any moneys received as donations for purposes of the Wolf-Livestock Compensation Pilot Program to pay for the deterrence of wolf presence near livestock and related activities.

Section 1502 allows the department to provide, in accordance with policies established by the commission, for the feeding of game birds, mammals, or fish at times as natural foods therefor are not available, and may provide suitable area or areas for feeding.

Section 1503 requires the department to provide for the feeding of deer wherever the director finds that natural forage is unavailable due to excessive snow. The times, extent, and manner of feeding are prescribed by the director.

Section 1504 provides that, when income is derived directly from real property acquired and operated by the state as a wildlife management area, the department may pay annually to the county in which the property is located an amount equal to the county taxes levied upon the property at the time title to the property was transferred to the state. The department may also pay the assessments levied upon the property by any irrigation, drainage, or reclamation district.

The term “wildlife management area” is defined. Any payment made under this section is required to be made on or before December 10 of each year, with the exception of newly acquired property. Payments provided under this section are not allocated to a school district, a community college district, or a county superintendent of schools.

Section 1505 allows the department to manage, control, and protect the portions of the 24 specified spawning areas that occupy state-owned lands, to the extent necessary to protect fishlife in these areas.

Section 1506 defines the following terms:  “managed wetland habitat,” “best management practices,” “wildlife management area,” and “mosquito abatement and vector control district.”

A mosquito abatement and vector control district whose district boundaries include one or more wildlife management areas or a mosquito abatement and vector control district in which vectors and vectorborne diseases from a wildlife management area may enter the district is required to periodically, or at least semiannually, notify the department of those areas that are of concern due to the potential for high mosquito populations that may incur associated mosquito control costs.

The department is required to onsult with local mosquito abatement and vector control districts to identify those areas within wildlife management areas having the highest need for additional mosquito reduction through the implementation of best management practices. A private landowner whose property includes managed wetland habitat located within the boundaries of a mosquito abatement and vector control district may initiate the opportunity to enter into a memorandum of understanding with the district if all of the specified criteria are met.