This code shall be known as the Fish and Game Code.
Chapter 1General Definitions
Section § 1
This section declares that the official name for this collection of laws is the Fish and Game Code.
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Section § 2
This section states that the definitions found in this chapter should be used to understand and interpret the rules in this code, unless a specific provision or the situation requires a different interpretation.
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.
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Section § 3
This law section states that if any part of the Family Code is similar to existing laws, it should be seen as a continuation of the old laws, not as something new. It also ensures that any rights or privileges people had before the new code comes into effect will still be honored.
The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments. This code shall not impair any privilege granted or right acquired under any of the laws of this State prior to the date it takes effect.
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Section § 4
The titles and headings used in the code do not change or influence how the laws and their intentions are understood or applied.
Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
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Section § 5
This law says that when a specific part of this code or any other California law is mentioned, it includes any changes or additions that have been or will be made to it.
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 heretofore or hereafter made.
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Section § 6
This law says that if a public officer is given a responsibility or power, they can have someone else, like a deputy or an authorized person, carry out that task or use that power. However, this is only allowed if there's nothing in the law that says the officer must do it personally.
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.
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Section § 7
When a statement or report must be made, it has to be in English. However, the department can offer an unofficial translation in other languages if needed.
Whenever a statement or report is required to be made, it shall be made in the English language. Nothing in this section shall prohibit the department from providing an unofficial translation of a statement or report in a language other than English.
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Section § 8
This section explains that when reading legal text, the present tense words cover actions and events in the past and future, and vice versa.
The present tense includes the past and future tenses, and the future, the present.
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Section § 9
This section states that whenever a law refers to men, it also includes women and other gender-neutral categories. In other words, any legal terms traditionally using male pronouns or descriptions should be interpreted to apply to all genders.
The masculine gender includes the feminine and the neuter.
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Section § 9.2
This law says that whenever the term "spouse" is used, it should also include "registered domestic partners" as per the rules in another part of the Family Code.
“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
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Section § 10
When you see just one thing mentioned in a legal text, it also refers to multiple of that thing, and when you see multiple, it also refers to just one.
The singular number includes the plural, and the plural, the singular.
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Section § 11
This law section explains that when a time frame is mentioned for doing an action between two dates, both the start and end dates are included. So, for example, if an action needs to happen between January 1 and January 10, both January 1 and January 10 count as part of the period. Also, these time frames won't be longer than a year unless it specifically says so.
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 thereby 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.
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Section § 12
In any law, if you come across the terms "Fish Commission Fund" or "Game Preservation Fund," they both actually refer to the "Fish and Game Preservation Fund." This means these terms are interchangeable and essentially mean the same thing.
Wherever the term “Fish Commission Fund” or “Game Preservation Fund” appears in any law, it means “Fish and Game Preservation Fund.”
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Section § 13
This law states that if someone needs to receive a formal notice or written communication as required by this code or its rules, it's considered sufficient if it's sent by regular mail (first-class) to the most recent address that person provided to the department.
The communication doesn't need to follow additional requirements unless another law specifies otherwise.
Unless otherwise specified by statute, any notice or other written communication required to be sent to any person by this code or regulations adopted pursuant thereto, is sufficient notice if sent by first-class mail to the last address furnished to the department by that person.
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Section § 13.5
Adaptive management involves updating the way we manage biological resources based on new information we gather over time. It allows us to adapt and change our strategies to better meet conservation and management goals. Essentially, it's about learning from what we do so we can do it better in the future.
“Adaptive management,” unless otherwise specified in this code, means management that improves the management of biological resources over time by using new information gathered through monitoring, evaluation, and other credible sources as they become available, and adjusts management strategies and practices to assist in meeting conservation and management goals. Under adaptive management, program actions are viewed as tools for learning to inform future actions.
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Section § 14
This law defines 'anadromous fish' as fish that are born in fresh water, migrate to the ocean for part of their lives, and then return to fresh water to reproduce.
“Anadromous fish” means fish which spawn in fresh water and spend a portion of their lives in the ocean.
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Section § 15
This section defines 'angling' as fishing with a hook and line, either held directly by hand or attached to a pole or rod that you closely attend or hold. The key part is that the fish must willingly take the bait or lure into its mouth.
“Angling” means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth.
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Section § 16
In this context, 'affix' refers to either physically attaching something to a document or adding an electronic validation to a license document.
“Affix” means physically attached to or imprinting an electronic validation to a license document.
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Section § 17
This section defines 'aquaculture' as a type of farming focused on breeding and growing water-based plants and animals for human use in saltwater, brackish, and freshwater settings. However, it excludes the cultivation of decorative ocean and freshwater plants and animals that are kept in closed systems for personal use, pets, or hobbies, provided they are not used for food or bait. Despite this exclusion, these ornamental species are still regulated under a specified chapter of rules.
“Aquaculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. “Aquaculture” does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes, however, these species continue to be regulated under Chapter 2 (commencing with Section 2116) of Division 3.
aquaculture definition aquatic farming aquatic plants aquatic animals marine water cultivation brackish water freshwater ornamental species exclusion personal use pet industry hobby purposes closed systems species regulation marine aquaculture freshwater aquaculture
Section § 18
The term 'bag limit' refers to the highest number or amount of birds, mammals, fish, reptiles, or amphibians that one person is allowed to legally capture or hunt within a certain period.
“Bag limit” means the maximum limit, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may lawfully be taken by any one person during a specified period of time.
bag limit wildlife capture hunting regulations maximum limit number of animals specified period lawful taking fish limits bird limits animal capture hunting restrictions amphibian limits reptile limits mammal limits personal limit
Section § 19
In California Fish and Game regulations, the term 'possession limit' refers to the highest number or quantity of birds, mammals, fish, reptiles, or amphibians that a person can legally have at one time.
“Possession limit” means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person.
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Section § 22
This law section defines the term “bird” specifically as a wild bird or any part of a wild bird.
“Bird” means a wild bird or part of a wild bird.
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Section § 24
This section clarifies that the word 'buy' encompasses not just the act of buying but also offering to buy, as well as purchasing, bartering, exchanging, or trading an item.
“Buy” includes an offer to buy, purchase, barter, exchange, or trade.
buy definition offer to buy purchase barter exchange trade expanded buy meaning inclusive definition transaction types commercial terms offer definitions purchase terms trade definitions exchange meaning barter explanation
Section § 27
This law defines 'chumming' as putting food or materials that fish eat into the water to attract them to a certain spot so they can be caught.
“Chumming” means the placing in the water of fish, or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken.
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Section § 29
"Closed season" refers to the time when it is illegal to hunt or capture birds, mammals, fish, amphibians, or reptiles.
“Closed season” means that period of time during which the taking of birds, mammals, fish, amphibians, or reptiles is prohibited.
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Section § 30
This section defines what is meant by the terms "Commission" and "commissioner." Here, "Commission" refers to the Fish and Game Commission, and "commissioner" refers to a member of this commission.
“Commission” means the Fish and Game Commission, and “commissioner” means a member of the Fish and Game Commission.
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Section § 32
This section explains that whenever the word 'county' is used, it also means 'city and county' together, not just a separate county alone.
“County” includes city and county.
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Section § 33
"Credible science" refers to using the most reliable and current scientific information available. This information should not be overly rigid, as science is always changing. It should include key evaluation principles like relevance, inclusiveness, objectivity, and transparency. Additionally, it involves being timely, verified, validated, and peer-reviewed as needed. Credible science acknowledges that management approaches should adapt as scientific knowledge grows and changes.
“Credible science” means the best available scientific information that is not overly prescriptive due to the dynamic nature of science, and includes the evaluation principles of relevance, inclusiveness, objectivity, transparency, timeliness, verification, validation, and peer review of information as appropriate. Credible science also recognizes the need for adaptive management, as defined in Section 13.5, as scientific knowledge evolves.
credible science best available scientific information dynamic nature of science relevance inclusiveness objectivity transparency timeliness verification validation peer review adaptive management evaluation principles scientific knowledge evolution
Section § 35
This law section defines the terms "day" and "week" as referring to calendar days and calendar weeks.
“Day” means calendar day, and “week” means calendar week.
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Section § 37
This section simply clarifies that whenever the term 'Department' is used, it specifically refers to the Department of Fish and Wildlife.
“Department” means the Department of Fish and Wildlife.
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Section § 39
In this context, the term "Director" refers to the Director of Fish and Wildlife.
“Director” means the Director of Fish and Wildlife.
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Section § 41
This section defines the term "district" as referring specifically to a fish and game district.
“District” means fish and game district.
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Section § 43
This section defines "ecosystem-based management" as an approach to managing the environment that uses reliable scientific data. It focuses on understanding all the interactions within an ecosystem, including the role of humans, rather than looking at individual species or environmental issues separately.
“Ecosystem-based management” means an environmental management approach relying on credible science, as defined in Section 33, that recognizes the full array of interactions within an ecosystem, including humans, rather than considering single issues, species, or ecosystem services in isolation.
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Section § 45
This law defines the term "fish" to include not only wild fish but also mollusks, crustaceans, invertebrates, amphibians, and any parts, spawn, or eggs of these animals.
“Fish” means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals.
wild fish mollusk crustacean invertebrate amphibian animal parts spawn ovum eggs of animals aquatic life marine definition fisheries regulation wildlife classification ecosystem understanding
Section § 46
A "guide boat" is a small boat, less than 25 feet long, used by a licensed guide in inland waters for activities such as guiding tours, helping someone catch fish or amphibians, or locating birds or mammals, usually in exchange for payment.
“Guide boat” means a boat or vessel under 25 feet in length, which is used by a guide, who is licensed under Chapter 5 (commencing with Section 2535) of Division 3, in inland waters for any of the following purposes:
(1)CA Fish and Game Code § 46(1) For the business of packing or guiding.
(2)CA Fish and Game Code § 46(2) For compensation, to assist another person in taking or attempting to take any fish or amphibian.
(3)CA Fish and Game Code § 46(3) For compensation, to assist another person in locating any bird or mammal.
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Section § 48
This section defines different types of fishing hooks. A 'single hook' has one point, a 'double hook' has two, and a 'treble' or 'triple hook' has three, all of which may or may not have barbs. It also describes 'snag' or 'gaff' hooks as tools used to catch fish by physically impaling them, rather than being taken into the fish's mouth voluntarily.
“Hook” or “fishhook” means an implement to catch or hold fish or amphibia. “Single hook” means any hook with one point and with or without a barb; “double hook” means any hook with two points and with or without barbs; “treble or triple hook” means any hook with three points and with or without barbs. “Snag” or “gaff” hooks are hooks with or without handles used to take fish in such manner that the fish does not take the hook voluntarily in its mouth.
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Section § 51
This section defines 'kelp' as including not just kelp itself but also other marine aquatic plants and their seeds.
“Kelp” means kelp or other marine aquatic plants and the seeds thereof.
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Section § 54
This law defines "mammal" to include wild or feral mammals or parts of them, except for wild, feral, or undomesticated burros.
“Mammal” means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro.
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Section § 54.5
This section defines 'marine finfish aquaculture' as the breeding, growing, or caring for finfish species in the Pacific Ocean waters that fall under state regulation.
“Marine finfish aquaculture” means the propagation, cultivation, or maintenance of finfish species in the waters of the Pacific Ocean that are regulated by this state.
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Section § 55
This section defines what 'mile' means and specifies when to use different types. A statute mile, which is 5,280 feet, is used for measuring distances on land and in inland waters. A nautical mile, which is 6,077 feet, is used for marine waters.
“Mile” means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. Statute miles shall be the unit of measurement for all land masses, rivers, streams, creeks, and inland bodies of water. Nautical miles shall be the unit of measurement for all marine waters.
mile definition statute mile nautical mile measurement unit land masses rivers streams creeks inland waters marine waters distance measurement nautical distance land distance unit conversion geographical measurement
Section § 56
This law defines a "net" as any tool made from various materials, such as twine, thread, or rope, that is used for catching or trapping fish by gilling, entangling, or impounding them.
“Net” means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish.
fishing net gilling entangling trapping fish impounding fish twine fishing gear rope fishing net wire fishing net thread fishing gear wooden fishing tool
Section § 57
This section defines what "nonresident" means, specifically referring to someone who doesn't meet the criteria of a resident as outlined in another section, Section 70.
“Nonresident” means a person who is not a resident as defined in Section 70.
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Section § 60
In this context, the term “oath” also refers to an affirmation. Essentially, whether you take an oath or give an affirmation, it means the same thing legally.
“Oath” includes affirmation.
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Section § 61
Ocean ranching is a type of fish farming. It involves raising young anadromous fish in captivity, then releasing them into state waters. These fish grow up and eventually return to the aquaculture facility where they can be caught and sold for profit.
“Ocean ranching” means aquaculture where juvenile anadromous fish are reared and released into state waters to grow and return to an aquaculture facility to be harvested commercially.
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Section § 62
"Open season" refers to the time when you can legally hunt or catch birds, mammals, fish, reptiles, or amphibians, as determined by this code and the regulations set by the commission. If the law mentions "season" in this context, it means "open season."
“Open season” means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. If used to define the period of time during which take is allowed “season” means “open season.”
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Section § 64
This section states that the terms "order," "rule," and "regulation" can be used interchangeably. Each term includes the meaning of the other terms.
“Order,” “rule,” and “regulation” are used interchangeably and each includes the others.
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Section § 67
This section defines the term "person" to include not only individual human beings but also businesses and organizations like partnerships, corporations, limited liability companies, trusts, and other associations.
“Person” means any natural person or any partnership, corporation, limited liability company, trust, or other type of association.
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Section § 68
This section of the Family Code states that in this context, 'purchase' is simply another way of saying 'buy,' as explained in another legal section, specifically Section 24.
“Purchase” means “buy” as defined in Section 24.
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Section § 70
To be considered a "resident" in California under this law, you must have lived there continuously for at least six months before applying for a license or permit. Additionally, active military members and those in the Job Corps also qualify as residents regardless of their living situation.
“Resident” means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code.
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Section § 73
This section defines two terms. A "Section" refers to a section within this particular legal code unless another law is specified. A "Subdivision" refers to a specific part within the same section unless another section is clearly mentioned.
“Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.
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Section § 75
This section defines the term 'sell' to not just mean selling something directly for money, but also includes offering, possessing with intent to sell, bartering, exchanging, or trading items.
“Sell” includes offer or possess for sale, barter, exchange, or trade.
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Section § 79
This section clarifies that when the term "shall" is used in legal language, it is something that must be done; whereas "may" suggests that there is an option or choice.
“Shall” is mandatory and “may” is permissive.
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Section § 80
This law states that if a rule in this code applies to an entire animal, it also applies to any part of that animal, unless it's specified otherwise in the rule or context.
Unless the provision or context otherwise requires, a provision of this code that applies to a whole animal also applies to a part of the animal.
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Section § 81
If a person can't write their name, they can sign a document by making a mark. A witness must write the person's name near the mark and add their own name. For a mark to be recognized as a signature on official or sworn documents, two witnesses need to sign as well.
“Signature” or “subscription” includes mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses also sign their own names.
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Section § 82
This law defines a 'slurp gun' as a tool you hold in your hand to catch fish. It works by quickly sucking water, along with any fish in it, into a chamber that is closed off.
“Slurp gun” means a self-contained, hand-held device used to capture fish by rapidly drawing water containing fish into a closed chamber.
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Section § 83
In this context, 'State' typically refers to California. However, when mentioning other parts of the U.S., it also means the District of Columbia and various territories.
“State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories.
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Section § 86
The term "take" refers to any action where someone tries to hunt, catch, or kill an animal, or even just attempts these activities.
“Take” means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.
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Section § 88
In this context, "transport" isn't just about physically moving something. It also includes situations where an offer is made to transport or when transport is received.
“Transport” includes offer or receive for transportation.
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Section § 89
This law section defines "recycled water" or "reclaimed water" to mean the same thing as the definition provided in a specific part of the Water Code.
For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code.
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Section § 89.1
This law clarifies that the terms "waters of the state," "waters of this state," and "state waters" are all defined the same way as in another specific section of the Water Code.
“Waters of the state,” “waters of this state,” and “state waters” have the same meaning as “waters of the state” as defined in subdivision (e) of Section 13050 of the Water Code.
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Section § 89.5
This law defines "wildlife" to include all types of wild animals, birds, plants, fish, amphibians, and reptiles. It also includes their ecological communities and habitats, which are essential for their survival.
“Wildlife” means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability.
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