Section § 13000

Explanation

This law section states that the Fish and Game Preservation Fund, which is part of California's State Treasury, will continue to exist.

The Fish and Game Preservation Fund in the State Treasury is continued in existence.

Section § 13001

Explanation

This law states that any money collected from activities related to protecting and preserving wildlife such as birds, mammals, fish, reptiles, or amphibians, should go into a special account called the Fish and Game Preservation Fund in the State Treasury.

Additionally, the money in this fund can be temporarily loaned to the General Fund if needed, according to certain rules in the Government Code.

(a)CA Fish and Game Code § 13001(a) Unless otherwise provided, all money collected under the provisions of this code and of any other law relating to the protection and preservation of birds, mammals, fish, reptiles, or amphibia shall be paid into the State Treasury to the credit of the Fish and Game Preservation Fund.
(b)CA Fish and Game Code § 13001(b) Notwithstanding any other provision of law, the Controller may use the Fish and Game Preservation Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code.

Section § 13001.5

Explanation

This law requires the department in charge of the Fish and Game Preservation Fund to annually prepare a detailed financial report for the Governor's Budget. This report must include the total revenues and expenditures of money deposited in each account or subaccount, and also for monies in the fund that aren't in any specified account or subaccount. The report should follow the format used in the 2003-04 Governor's Budget. Additionally, by January 10 each year, a fund condition statement for each individual account must be posted on the department's website.

(a)CA Fish and Game Code § 13001.5(a) The department shall prepare annually, for inclusion in the Governor’s Budget, a fund condition statement for the Fish and Game Preservation Fund that displays both of the following:
(1)CA Fish and Game Code § 13001.5(a)(1) Information relating to the total amounts of revenues and expenditures with regard to the moneys in the fund that are deposited in an account or subaccount in the fund.
(2)CA Fish and Game Code § 13001.5(a)(2) Information relating to revenues and expenditures with regard to all moneys in the fund that are not deposited in an account or subaccount in the fund.
(b)CA Fish and Game Code § 13001.5(b) For the purposes of subdivision (a), the department shall prepare the fund condition statement in a manner that is similar to the fund condition statement relating to the Fish and Game Preservation Fund included in the 2003–04 Governor’s Budget.
(c)CA Fish and Game Code § 13001.5(c) The department shall prepare, for posting on its Internet Web site on or before January 10, of each year, a fund condition statement for each account or subaccount in the fund.

Section § 13002

Explanation

This law requires the department to regularly deposit money from selling licenses into the State Treasury at least every month.

The department shall pay into the State Treasury at least once a month the money received by it from the sale of licenses issued under the provisions of this code.

Section § 13003

Explanation

This law states that, unless there's another rule, all fines and forfeitures from breaking laws related to protecting animals like birds, mammals, fish, reptiles, or amphibians are to be given to the county treasurer where the court is located. The money must be split in half: one half goes to the state's Fish and Game Preservation Fund, and the other half stays with the county where the violation happened.

Funds in the Fish and Game Preservation Fund can be used to cover legal expenses related to enforcing these laws, involving district or city attorneys, or the department responsible for wildlife protection.

Unless otherwise provided by law, all fines and forfeitures imposed or collected in any court of this state for violations of any of the provisions of this code or regulation made pursuant thereto, or any other law providing for the protection or preservation of birds, mammals, fish, reptiles, or amphibia, shall be deposited as soon as practicable after the receipt thereof with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid at least once a month as follows:
(a)CA Fish and Game Code § 13003(a) One-half to the Treasurer, by warrant of the county auditor drawn upon the requisition of the clerk or judge of the court, for deposit in the Fish and Game Preservation Fund in the State Treasury on order of the Controller. At the time of such transmittal, the county auditor shall forward to the Controller, on such form or forms as the Controller may prescribe, a record of the imposition, collection, and payment of the fines or forfeitures. The department may employ legal counsel and may expend these funds to pay the costs of legal actions brought in the name of the people relating to the enforcement of this code by a district attorney, city attorney, or the department, as appropriate.
(b)CA Fish and Game Code § 13003(b) One-half to the county in which the offense was committed.

Section § 13005

Explanation

This section lays out how funds collected from various lifetime licenses and privileges related to hunting and fishing in California are to be distributed among different conservation and management funds.

For lifetime fishing licenses, fees are split, with two-thirds going to the Fish and Game Preservation Fund and one-third to the Hatchery and Inland Fisheries Fund. All fees from lifetime hunting licenses go to the Fish and Game Preservation Fund.

For special fishing privileges, the fees are divided among several specific funds, including one dedicated to trout and another for ocean resources enhancement. Funds from big game privileges mostly go to the Big Game Management Account, while bird hunting privileges mainly support the State Duck Stamp Account.

Notwithstanding Section 13001, the department shall deposit funds from the sale of lifetime hunting licenses and lifetime hunting privileges issued pursuant to Section 3031.2, and lifetime sport fishing licenses and lifetime privileges issued pursuant to Section 7149.2 as follows:
(a)CA Fish and Game Code § 13005(a) For each lifetime fishing license issued pursuant to Section 7149.2, the collected fee shall be deposited as follows:
(1)CA Fish and Game Code § 13005(a)(1) Of those funds, 66.67 percent shall be deposited into the Fish and Game Preservation Fund.
(2)CA Fish and Game Code § 13005(a)(2) Of those funds, 33.33 percent shall be deposited into the Hatchery and Inland Fisheries Fund.
(b)CA Fish and Game Code § 13005(b) For each lifetime hunting license issued pursuant to Section 3031.2, 100 percent of the collected fee shall be deposited into the Fish and Game Preservation Fund pursuant to Section 13001.
(c)CA Fish and Game Code § 13005(c) For each lifetime sport fishing privilege package issued pursuant to subdivision (e) of Section 7149.2, the collected fee shall be deposited as follows:
(1)CA Fish and Game Code § 13005(c)(1) Of those funds, 48.37 percent shall be deposited into the Fish and Game Preservation Fund.
(2)CA Fish and Game Code § 13005(c)(2) Of those funds, 14.75 percent shall be deposited into the Hatchery and Inland Fisheries Fund.
(3)CA Fish and Game Code § 13005(c)(3) Of those funds, 21.31 percent shall be deposited into the Steelhead Trout account in the Fish and Game Preservation Fund.
(4)CA Fish and Game Code § 13005(c)(4) Of those funds, 15.57 percent shall be deposited into the California Ocean Resources Enhancement and Hatchery Program account in the Fish and Game Preservation Fund.
(d)CA Fish and Game Code § 13005(d) The collected fee for each big game privilege package purchased pursuant to subdivision (c) of Section 3031.2 shall be deposited as follows:
(1)CA Fish and Game Code § 13005(d)(1) Of those funds, 91.92 percent shall be deposited into the Big Game Management Account in the Fish and Game Preservation Fund.
(2)CA Fish and Game Code § 13005(d)(2) Of those funds, 8.08 percent shall be deposited into the Fish and Game Preservation Fund.
(e)CA Fish and Game Code § 13005(e) The collected fee for each lifetime bird hunting privilege package issued pursuant to subdivision (d) of Section 3031.2 shall be deposited as follows:
(1)CA Fish and Game Code § 13005(e)(1) Of those funds, 68.47 percent shall be deposited into the State Duck Stamp Account in the Fish and Game Preservation Fund.
(2)CA Fish and Game Code § 13005(e)(2) Of those funds, 31.53 percent shall be deposited into the Upland Game Bird Account in the Fish and Game Preservation Fund.

Section § 13006

Explanation

This law states that any money collected from certain fines or penalties must be used solely to fund the department's secret witness program. The secret witness program helps enforce the laws and regulations outlined in this code. Additional contributions to this program can also be made as described in another specific section.

Notwithstanding Section 13001, the money collected from the penalties on fines, penalties, or forfeitures levied pursuant to Section 12021 shall be used only to pay the department’s costs of support for the department’s secret witness program. The purpose of the secret witness program is to facilitate the enforcement of this code and regulations adopted pursuant to this code. Contributions to the secret witness program may also be made pursuant to subdivision (k) of Section 13103.

Section § 13007

Explanation

This law explains how California will use the fees from sport fishing licenses to fund fish hatcheries and trout management. A portion of these fees goes into a specific fund to support fish hatcheries, trout management, and related enforcement activities. The goal is to release a certain amount of trout per license sold, ensuring most are of catchable size, while also focusing on native trout and protecting ecosystems.

The law outlines specific financial commitments, such as at least $2 million for the Heritage and Wild Trout Program, and allows spending on watershed restoration and scientific studies. The department is tasked with ensuring the production of native trout meets or exceeds 25% of hatchery trout production, with guidelines for mixing native stocks. Unused funds can go to the Fish and Game Preservation Fund.

Federal funds can help meet these financial goals if available. Funds may also support genetic studies on native trout. Lastly, the department can purchase fish from other California hatcheries if certain standards and cost conditions are met, and must invest annually in hatchery improvements.

(a)CA Fish and Game Code § 13007(a) Notwithstanding Section 13001, 331/3 percent of all sport fishing license fees collected pursuant to Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of Division 6, except license fees collected pursuant to Section 7149.8, shall be deposited into the Hatchery and Inland Fisheries Fund, which is hereby established in the State Treasury. Moneys in the fund may be expended, consistent with the Strategic Plan for Trout Management and Chapter 7.2 (commencing with Section 1725) of Division 2, and, upon appropriation by the Legislature, to support programs of the department related to management, maintenance, and capital improvement of California’s fish hatcheries, the Heritage and Wild Trout program, and enforcement activities related thereto, and to support other activities eligible to be funded from revenue generated by sport fishing license fees.
(b)CA Fish and Game Code § 13007(b) The department shall use sport fishing license fees collected and subject to appropriation pursuant to subdivision (a) for the following purposes:
(1)CA Fish and Game Code § 13007(b)(1) For the department’s attainment of a state hatchery production goal of 2.75 pounds of released trout per sport fishing license sold in the calendar year ending two and one-half years earlier, based on the sales of the following types of sport fishing licenses: resident; lifetime; nonresident year; nonresident, 10-day; 2-day; 1-day; and reduced fee. The predominant number of released fish shall be of catchable size or larger. The department shall attain this goal in compliance with Fish and Game Commission trout policies concerning catchable-sized trout stocking, the Strategic Plan for Trout Management, and Chapter 7.2 (commencing with Section 1725) of Division 2.
(2)CA Fish and Game Code § 13007(b)(2) To the Heritage and Wild Trout Program, at least two million dollars ($2,000,000), for the following purposes:
(A)CA Fish and Game Code § 13007(b)(2)(A) At least seven new permanent positions for the Heritage and Wild Trout Program.
(B)CA Fish and Game Code § 13007(b)(2)(B) Permanent positions and seasonal aides in each region of the state as necessary to contribute to the objectives of this section, the objectives of the Strategic Plan for Trout Management pursuant to Section 1728, and other activities necessary to the program.
(C)CA Fish and Game Code § 13007(b)(2)(C) The development of trout management plans pursuant to Chapter 7.2 (commencing with Section 1725) of Division 2.
(D)CA Fish and Game Code § 13007(b)(2)(D) The department may expend up to 25 percent of the funds made available to the Heritage and Wild Trout Program for watershed restoration projects, resource assessment, or scientific inquiry. The department may enter into contracts with qualified entities including local governments, special districts, tribes, and nonprofit organizations for the purposes of this subparagraph.
(3)CA Fish and Game Code § 13007(b)(3) For the development of the department’s Strategic Plan for Trout Management pursuant to Section 1728.
(4)CA Fish and Game Code § 13007(b)(4) The department shall ensure that the numbers of native California trout, as defined in Section 7261, produced are sufficient to equal or exceed 25 percent of the numbers of trout produced by the state fish hatcheries to comply with paragraph (1). The native trout produced in accordance with this paragraph shall support department efforts to protect and restore cold water ecosystems, maintain biological diversity, and provide diverse angling opportunities. Coastal rainbow trout/steelhead produced for anadromous mitigation purposes shall be excluded from contributing to the native trout production goals required by this paragraph. Coastal rainbow trout/steelhead propagated for purposes other than anadromous mitigation and released into their source watersheds may be counted toward the 25 percent native trout production goal. Native trout produced shall be naturally indigenous stocks from their original source watersheds. The department may release native trout produced into watersheds other than their original source watershed only if the released trout will cause no harm to other native trout or other biota in their original watersheds.
(5)CA Fish and Game Code § 13007(b)(5) The department may hire additional staff for state fish hatcheries, in order to comply with this subdivision.
(c)CA Fish and Game Code § 13007(c) The department may allocate any funds under this section, not necessary to maintain the minimums specified in paragraphs (1) and (4) of subdivision (b), and after the expenditure in paragraph (2) of subdivision (b), to the Fish and Game Preservation Fund.
(d)CA Fish and Game Code § 13007(d) The department may utilize federal funds to meet the funding formula specified in subdivision (a) if those funds are otherwise legally available for this purpose.
(e)CA Fish and Game Code § 13007(e) A portion of the moneys subject to appropriation pursuant to subdivision (a) may be used for the purpose of obtaining scientifically valid genetic determinations of California native trout stocks, consistent with the department’s Strategic Plan for Trout Management.
(f)CA Fish and Game Code § 13007(f) On an annual basis, the department shall invest in hatchery facility improvements and rehabilitation to ensure progress towards achievement of the hatchery fish production targets established pursuant to this section.
(g)CA Fish and Game Code § 13007(g) Beginning January 1, 2015, the department may obtain hatchery-produced fish from any California-based hatchery if all of the following criteria are satisfied:
(1)CA Fish and Game Code § 13007(g)(1) The goal specified in subdivision (b) is unmet.
(2)CA Fish and Game Code § 13007(g)(2) The department, following an inspection, determines that the California hatchery is in compliance with operations, management, and monitoring standards that are as stringent as those in effect at state hatcheries, in order to minimize the risk of the spread of disease or invasive species into inland state waters and fisheries.
(3)CA Fish and Game Code § 13007(g)(3) The cost per fish or per pound of fish provided by the California hatchery shall not exceed the cost to the department of state hatchery fish calculated equivalently and including transportation costs.

Section § 13010

Explanation

This section establishes the Fish and Wildlife Pollution Account within the Fish and Game Preservation Fund. It replaces an old account called the Fish and Wildlife Pollution Cleanup and Abatement Account, transferring its funds into the new account as of January 1, 1996. Any legal references to the old account are now to be considered references to the new one.

The new account includes four subaccounts: one for oil pollution administration, one for oil pollution response and restoration, one for hazardous materials administration, and one for hazardous materials response and restoration.

There is a Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund. The Fish and Wildlife Pollution Account is the successor to the Fish and Wildlife Pollution Cleanup and Abatement Account in the Fish and Game Preservation Fund which is hereby abolished. All references in any law to the Fish and Wildlife Pollution Cleanup and Abatement Account shall be deemed to refer to the Fish and Wildlife Pollution Account. All money in the Fish and Wildlife Pollution Cleanup and Abatement Account on January 1, 1996, shall be transferred to the Fish and Wildlife Pollution Account. The following subaccounts are created within the Fish and Wildlife Pollution Account:
(a)CA Fish and Game Code § 13010(a) The Oil Pollution Administration Subaccount.
(b)CA Fish and Game Code § 13010(b) The Oil Pollution Response and Restoration Subaccount.
(c)CA Fish and Game Code § 13010(c) The Hazardous Materials Administration Subaccount.
(d)CA Fish and Game Code § 13010(d) The Hazardous Materials Response and Restoration Subaccount.

Section § 13011

Explanation

When the state of California collects money from settlements or penalties related to oil and petroleum violations, the funds are divided into specific accounts. If the violation involves oil pollution, the money goes to either the Oil Pollution Administration Subaccount or the Oil Pollution Response and Restoration Subaccount, depending on the court or settlement decision.

For violations involving hazardous materials and pollution, any fines received are put into the Hazardous Materials Administration Subaccount or the Hazardous Materials Response and Restoration Subaccount, also based on settlement or court rulings.

The state portion of any recovery or settlement of money damages received pursuant to any citation or charges brought under the following sections by the people by or through any state or local public entity shall be deposited in the following subaccounts:
(a)CA Fish and Game Code § 13011(a) Administrative and judicially imposed fines, penalties, or punitive damages resulting from either civil or criminal action or administrative civil liability for violations of the oil and petroleum product control and discharge provisions of this code, including, but not limited to, Sections 2014, 12011, and 12016, Chapter 6.5 (commencing with Section 2580) of Division 3, and Chapter 2 (commencing with Section 5650), of Part 1 of Division 6, shall be deposited in the Oil Pollution Administration Subaccount or the Oil Pollution Response and Restoration Subaccount as determined by administrative or judicial settlement, or as provided by law.
(b)CA Fish and Game Code § 13011(b) Administrative and judicially imposed fines, penalties, or punitive damages resulting from either criminal or administrative civil liability for violations of hazardous materials and other pollution laws including, but not limited to, Sections 2014 and 12016, Chapter 6.5 (commencing with Section 2580) of Division 3, and Part 1 (commencing with Section 5500) of Division 6 shall be deposited in the Hazardous Materials Administration Subaccount or the Hazardous Materials Response and Restoration Subaccount as determined by administrative or judicial settlement or as provided by law.

Section § 13012

Explanation

This law specifies the maximum amounts of money that can be stored in certain subaccounts related to pollution. The Oil Pollution Administration Subaccount and the Hazardous Materials Administration Subaccount can each hold up to $5 million, while the Oil Pollution Response and Restoration Subaccount and the Hazardous Material Response and Restoration Subaccount can each hold up to $10 million. If there is any extra money by the end of June each year, it should be used for projects that help protect California's plants, wildlife, and fisheries in the future.

Funds on deposit in the subaccounts shall not exceed the amounts prescribed below, adjusted in accordance with Section 2212 of the Revenue and Taxation Code to equal 1995 dollars:
(a)CA Fish and Game Code § 13012(a) The Oil Pollution Administration Subaccount shall not exceed five million dollars ($5,000,000).
(b)CA Fish and Game Code § 13012(b) The Oil Pollution Response and Restoration Subaccount shall not exceed ten million dollars ($10,000,000).
(c)CA Fish and Game Code § 13012(c) The Hazardous Materials Administration Subaccount shall not exceed five million dollars ($5,000,000).
(d)CA Fish and Game Code § 13012(d) The Hazardous Material Response and Restoration Subaccount shall not exceed ten million dollars ($10,000,000).
All funds in the Fish and Wildlife Pollution Account in excess of the amounts listed above, on June 30 of each fiscal year, shall be used by the department in succeeding fiscal years for projects that preserve California plants, wildlife, and fisheries.

Section § 13013

Explanation

This law involves managing funds related to oil pollution and hazardous materials. It limits how much money can be taken from specific accounts to ensure there's always a reserve for future needs. If funds from this reserve are used, they must be replenished from other sources as soon as possible. The director is responsible for recovering costs from those responsible for pollution, like spillers, and any recovered money goes back into the fund. The director must also make sure there’s always enough money in these accounts to fulfill their purpose.

(a)CA Fish and Game Code § 13013(a) Appropriations from either the Oil Pollution Administration Subaccount or the Hazardous Materials Administration Subaccount shall not exceed one third of the maximum fund level established under Section 13012 in order to maintain a prudent reserve for future appropriations.
(b)CA Fish and Game Code § 13013(b) If the director or the director’s designee expends funds from the prudent reserve established pursuant to subdivision (a) for activities authorized under subdivision (b) of Section 13230, the director or the director’s designee shall ensure that there are adequate funds remaining in those subaccounts to carry out their purposes. Expenditures from the prudent reserve shall be repaid in part, or in full, from any funds received pursuant to Section 13011 until those reserves are fully reimbursed.
(c)CA Fish and Game Code § 13013(c) The director or the director’s designee, shall recover from the spiller, responsible party, or, in the absence of those responsible parties, from a particular pollution abatement or remediation account, all expenditures paid pursuant to subdivisions (b) and (d) of Section 13230, and all costs incurred by the department arising from the administration and enforcement of applicable pollution laws. The director or the director’s designee may request, and a district attorney, city attorney, or other prosecuting agency, as part of a prosecution or negotiation, may allege a claim for, these costs and expenditures and shall deposit any recoveries into the fund from which they were expended.
(d)CA Fish and Game Code § 13013(d) The director or the director’s designee shall ensure that there are adequate funds in the accounts and subaccounts specified in this section to carry out their purposes.

Section § 13014

Explanation

This law establishes two special accounts for managing funds related to fish and game protection in California. The first account, the Fish and Game Mitigation and Protection Endowment Principal Account, holds endowment funds for long-term management activities. The second account, the Fish and Game Mitigation and Protection Expendable Funds Account, is for general expenditure based on received agreements. The funds mainly come from conservation-related agreements or permits and must be used for mitigating biological impacts or protecting ecosystems.

Moreover, the funds are initially kept in a special investment account but can be moved to other state accounts to earn more interest. The department can hire investment advisers to help manage these funds.

(a)CA Fish and Game Code § 13014(a) There are hereby established, initially in the Special Deposit Fund, continued in existence by Section 16370 of the Government Code, both of the following accounts:
(1)CA Fish and Game Code § 13014(a)(1) The Fish and Game Mitigation and Protection Endowment Principal Account. The department shall deposit in this account the endowment funds received by the department pursuant to an agreement described in subdivision (b) and all earnings generated thereon. The earnings shall be available to the department, upon appropriation by the Legislature, to fund long-term management, enhancement, monitoring, and enforcement activities on habitat lands in a manner consistent with the terms of the underlying agreement.
(2)CA Fish and Game Code § 13014(a)(2) The Fish and Game Mitigation and Protection Expendable Funds Account. The department shall deposit in this account moneys received pursuant to an agreement described in subdivision (b) that are not endowment funds and that are designated for expenditure for the purposes described in paragraph (2) of that subdivision. Notwithstanding Section 13340 of the Government Code, the moneys in the account established by this paragraph are hereby continuously appropriated to the department for expenditure without regard to fiscal year, for the purposes described in this section.
(b)Copy CA Fish and Game Code § 13014(b)
(1)Copy CA Fish and Game Code § 13014(b)(1) The department may deposit moneys into the accounts established pursuant to subdivision (a) that it receives pursuant to any of the following, if those moneys are received for the purposes described in paragraph (2):
(A)CA Fish and Game Code § 13014(b)(1)(A) Agreements or permits pursuant to the Natural Communities Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3).
(B)CA Fish and Game Code § 13014(b)(1)(B) Conservation bank agreements.
(C)CA Fish and Game Code § 13014(b)(1)(C) Habitat conservation implementation agreements.
(D)CA Fish and Game Code § 13014(b)(1)(D) Incidental take permits.
(E)CA Fish and Game Code § 13014(b)(1)(E) Legal or other written settlements.
(F)CA Fish and Game Code § 13014(b)(1)(F) Mitigation agreements.
(G)CA Fish and Game Code § 13014(b)(1)(G) Streambed or lakebed alteration agreements.
(H)CA Fish and Game Code § 13014(b)(1)(H) Trust agreements.
(2)CA Fish and Game Code § 13014(b)(2) The department may deposit the moneys received pursuant to an agreement described in paragraph (1) in an account established by this section only if it receives those moneys for at least one of the following purposes:
(A)CA Fish and Game Code § 13014(b)(2)(A) Mitigating the adverse biological impacts of a specific project, activity, spill, or release.
(B)CA Fish and Game Code § 13014(b)(2)(B) Protecting, conserving, restoring, enhancing, managing, and maintaining fish, wildlife, native plants, or their habitats.
(c)CA Fish and Game Code § 13014(c) While the Fish and Game Mitigation and Protection Endowment Principal Account and the Fish and Game Mitigation and Protection Expendable Funds Account are initially established in the Special Deposit Fund within the Pooled Money Investment Account, the Treasurer’s office shall, at the department’s request, transfer these funds from the Pooled Money Investment Account to another account within the State Treasury system to increase earnings over time while providing adequate liquidity. If either or both of these accounts are transferred from the Pooled Money Investment Account, assets in the transferred account or accounts may be held and invested in any of the investments identified in Section 16430 of the Government Code, except that the maturity date of commercial paper may exceed the limits set forth in Section 16430 of the Government Code. These investments shall be made as determined and directed by the department.
(d)CA Fish and Game Code § 13014(d) To develop and maintain the investment strategy for these accounts, the department may retain investment advisers deemed acceptable to the Treasurer.