Home>Articles>General Guidance in Reading the Fish and Game Code

USBOR photo of Link River Dam and fish ladder. (Photo: fws.gov)

General Guidance in Reading the Fish and Game Code

California has three fish and wildlife-related entities: Fish and Game Commission, Department of Fish and Wildfire, and Wildlife Conservation Board

By Chris Micheli, June 19, 2022 7:38 am

California’s statutes are contained in 29 separate codes. The eleventh alphabetically is the Fish and Game Code. All 29 Codes have general provisions applicable to reading and interpreting that Code’s sections. The following are selected general provisions of the Fish and Game Code:

Section 1 – This Code is known as the Fish and Game Code.

Section 2 – 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.

Section 3 – The provisions of this Code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, are to be construed as restatements and continuations, and not as new enactments. This Code does not impair any privilege granted or right acquired under any of the laws of this State prior to the date it takes effect.

Section 4 – Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this Code.

Section 5 – 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 made.

Section 6 – 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.

Section 7 – Whenever a statement or report is required to be made, it must be made in the English language. Nothing in this section prohibits the department from providing an unofficial translation of a statement or report in a language other than English.

Section 8 – The present tense includes the past and future tenses, and the future tense includes the present.

Section 9 – The masculine gender includes the feminine and the neuter.

Section 9.2 – The term “spouse” includes “registered domestic partner.”

Section 10 – The singular number includes the plural, and the plural includes the singular.

Section 11 – 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 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.

Section 13 – Unless otherwise specified by statute, any notice or other written communication required to be sent to any person by this Code or regulations adopted is sufficient notice if sent by first-class mail to the last address furnished to the department by that person.

Section 79 – The term “shall” is mandatory and “may” is permissive.

Section 80 – Unless the provision or context otherwise requires, a provision of this Code that applies to a whole animal also applies to a part of an animal.

Print Friendly, PDF & Email
Spread the news:


Leave a Reply

Your email address will not be published.