Chapter 1State
Section § 13000
This law section states that the Fish and Game Preservation Fund, which is part of California's State Treasury, will continue to exist.
Section § 13001
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.
Section § 13001.5
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.
Section § 13002
This law requires the department to regularly deposit money from selling licenses into the State Treasury at least every month.
Section § 13003
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.
Section § 13005
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.
Section § 13006
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.
Section § 13007
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.
Section § 13010
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.
Section § 13011
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.
Section § 13012
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.
Section § 13013
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.
Section § 13014
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.