Powers and Purposes of Department of Fish and Wildlife

Fish and Game Code Division 2, Chapter 4, Article 3 deals with powers of purposes under the California Wildlife Conservation Law of 1947.

Section 1345 requires the board to investigate, study, and determine what areas within the state are most essential and suitable for wildlife production and preservation, and will provide suitable recreation; and ascertain and determine what lands within the state are suitable for game propagation, game refuges, bird refuges, waterfowl refuges, game farms, fish hatcheries, game management areas, and what streams and lakes are suitable for, or can be made suitable for, fishing and hunting.

Section 1346 requires the board to ascertain what lands are suitable for providing cover for the propagation and rearing in a wild state of waterfowl, shore birds, and upland birds, and the possibilities of acquiring easements on such lands to provide such cover.

Section 1347 requires the board to determine what areas, lands, or rights in lands or waters should be acquired by the state in order to effectuate a coordinated and balanced program resulting in the maximum restoration of wildlife in the state and in the maximum recreational advantages to the people of the state.

Section 1348 requires the board to authorize the acquisition of real property, rights in real property, water, or water rights as may be necessary to carry out the purposes of this chapter. The board may authorize acquisition by the department.

Section 1348.1 states that, before the board authorizes the purchase of any land, or any interest therein, the board must notify all owners of record of adjacent parcels of land of the intent of the board to purchase the land. The notice to the adjacent owners of land and the public notice must include an explanation of the proposed use of the land by the department.

Section 1348.2 provides that, when the board acquires real property, other than by eminent domain, the purchase price for the real property does not exceed the fair market value of the property. The fair market value is set forth in an appraisal.

Section 1348.3 prohibits any governmental entity from condemning any wildlife conservation easement acquired by a state agency. The terms “public use” and “wildlife conservation easement.”

Prior to the initiation by a governmental entity of condemnation proceedings against a wildlife conservation easement acquired by a state agency, the governmental entity must give notice to the holder of the easement, provide an opportunity for the holder of the easement to consult with the governmental agency, provide the holder of the easement the opportunity to state its objections to the condemnation, and provide a response to the objections.

Section 1349 says that no farm lands may be acquired under the provisions of this chapter by proceedings in eminent domain except by specific authorization of the Legislature.

Section 1350 requires the department to construct, when authorized by the board, those facilities as are suitable for the purpose for which the real property or rights in real property or water, or water rights, were acquired. Each completed project is to be managed and maintained by the department.

The department may apply for and accept federal grants, and receive gifts, donations, and other financial support from public or private sources to be used for fish and wildlife habitat enhancement, including riparian habitat restoration projects on real property or waters for which the state obtains an interest.

The board may award grants or loans to nonprofit organizations, local governmental agencies, federal agencies, state agencies, and California Native American tribes for the purposes of fish and wildlife habitat restoration, enhancement, management, protection and improvement of riparian resources, and for development of compatible public access facilities.

Section 1351 requires each recreational area to be managed and controlled that the public has access to and use of the area for all recreational purposes.

Section 1352 states that the money money in the Wildlife Restoration Fund is available for expenditure under this chapter. All federal moneys made available for projects authorized by the board are deposited into the Wildlife Restoration Fund or the Fish and Game Preservation Fund.

Section 1352.5 established the San Francisco Baylands Restoration Program Account within the Wildlife Restoration Fund for the purpose of acquiring and restoring wetlands and lands that may be enhanced to support wetlands in the San Francisco Bay area in order to achieve the objectives of the Baylands Ecosystem Habitat Goals Report (Goals Report).

Section 1353 allows the board to purchase boats, aircraft, or equipment as it deems necessary for the use of the department for the improvement and protection of marine fisheries.

Section 1354 allows the board to authorize the acquisition of lands or rights in land as may be necessary for the purpose of furnishing public access to lands or waters open to the public for fishing, hunting and shooting. The board may authorize such acquisition by the department.

Section 1355 provides that the net proceeds of the sale or other disposition of real property used as a fish hatchery that has been acquired by or is under the jurisdiction of the board or the department, either in easement or in fee, is deposited in the Wildlife Restoration Fund or the Fish and Game Preservation Fund.

Section 1356 states that the board, when it prioritizes the use of available funds for proposed acquisitions, with regard to the priority of a proposal to acquire forestland, may consider and take into account the potential of that proposed acquisition to beneficially reduce or sequester greenhouse gas emissions.