Regulatory Powers of the Fish and Game Commission

Division 1, Chapter 3, Article 1 deals with the general regulatory powers of the Fish and Game Commission in California.

Section 301 authorizes the commission to adopt regulations that it deems necessary for the disposition of birds or mammals that are killed accidentally.

Section 302 provides that, when adopting regulations pursuant to any authority otherwise vested in the commission by this code, the commission is required to annually determine whether to continue, repeal, or amend regulations establishing hunting seasons for black bears. The determination includes a review of factors which impact the health and viability of the black bear population.

Section 303 states that, 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 must comply with specified law.

Section 306 provides that, 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.

Section 307 specifies that, 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.

Section 308 states that, in District 22 the taking of birds, mammals, fish, amphibians, or reptiles is 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.

Section 308.5 provides that, 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 in the vicinity of waterholes, springs, seeps, and other watering places which are on public lands.

Section 309 allows the commission or any person appointed by it to conduct a hearing and 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 and may compel the attendance of witnesses and the production of documents and papers.

Section 310 authorizes the commission to designate salmon spawning areas. It is unlawful to take salmon in any spawning area, or within 250 feet of any salmon spawning station.

Section 312 authorizes the commission to 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.

Section 313 allows the commission to 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.

Section 314 allows the commission to 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.

Section 315 authorizes the commission to 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.

Section 315.3 allows the commission to 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.

Section 316 authorizes the commission to 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.

Section 316.5 allows the commission to 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.

Section 317 provides that 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.