Section § 1600

Explanation

This law emphasizes the importance of protecting and conserving California's fish and wildlife. These resources belong to the people, are crucial for the state’s economy, and are vital for food supply. Therefore, the state is responsible for conserving them.

The Legislature finds and declares that the protection and conservation of the fish and wildlife resources of this state are of utmost public interest. Fish and wildlife are the property of the people and provide a major contribution to the economy of the state, as well as providing a significant part of the people’s food supply; therefore their conservation is a proper responsibility of the state. This chapter is enacted to provide conservation for these resources.

Section § 1601

Explanation

This section defines key terms used in this chapter. An 'Agreement' refers to a formal arrangement about changing a lake or streambed. 'Day' means a regular calendar day. 'Emergency' is defined as in another section of the Public Resources Code. 'Entity' refers to any person, government agency, or public utility that must follow these rules.

The following definitions apply to this chapter:
(a)CA Fish and Game Code § 1601(a) “Agreement” means a lake or streambed alteration agreement.
(b)CA Fish and Game Code § 1601(b) “Day” means calendar day.
(c)CA Fish and Game Code § 1601(c) “Emergency” has the same definition as in Section 21060.3 of the Public Resources Code.
(d)CA Fish and Game Code § 1601(d) “Entity” means any person, state or local governmental agency, or public utility that is subject to this chapter.

Section § 1602

Explanation

This law section states that if you plan to change or use parts of a river, stream, or lake in certain significant ways, you generally need to inform the relevant department and sometimes get their approval. You must include a detailed description of your project and pay any required fees. They will check your notification and decide if your activity affects fish or wildlife. If it's harmful, they may issue an agreement with necessary protections.

If your work is routine maintenance of water facilities, you may not need repeated approvals unless conditions significantly change. For cannabis cultivation licensed by the Department of Cannabis Control, you might not need a separate agreement if your activities protect wildlife resources as required by those licenses.

Violating these rules is illegal, and the department can take actions against non-compliance, especially for licensed cannabis growers who don't meet required conditions. All necessary fees must be paid before the department processes notifications or agreements.

(a)CA Fish and Game Code § 1602(a) An entity shall not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless all of the following occur:
(1)CA Fish and Game Code § 1602(a)(1) The department receives written notification regarding the activity in the manner prescribed by the department. The notification shall include, but is not limited to, all of the following:
(A)CA Fish and Game Code § 1602(a)(1)(A) A detailed description of the project’s location and a map.
(B)CA Fish and Game Code § 1602(a)(1)(B) The name, if any, of the river, stream, or lake affected.
(C)CA Fish and Game Code § 1602(a)(1)(C) A detailed project description, including, but not limited to, construction plans and drawings, if applicable.
(D)CA Fish and Game Code § 1602(a)(1)(D) A copy of any document prepared pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
(E)CA Fish and Game Code § 1602(a)(1)(E) A copy of any other applicable local, state, or federal permit or agreement already issued.
(F)CA Fish and Game Code § 1602(a)(1)(F) Any other information required by the department.
(2)CA Fish and Game Code § 1602(a)(2) The department determines the notification is complete in accordance with Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, irrespective of whether the activity constitutes a development project for the purposes of that chapter.
(3)CA Fish and Game Code § 1602(a)(3) The entity pays the applicable fees, pursuant to Section 1609.
(4)CA Fish and Game Code § 1602(a)(4) One of the following occurs:
(A)Copy CA Fish and Game Code § 1602(a)(4)(A)
(i)Copy CA Fish and Game Code § 1602(a)(4)(A)(i) The department informs the entity, in writing, that the activity will not substantially adversely affect an existing fish or wildlife resource, and that the entity may commence the activity without an agreement, if the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.
(ii)CA Fish and Game Code § 1602(a)(4)(A)(i)(ii) Each region of the department shall log the notifications of activities where no agreement is required. The log shall list the date the notification was received by the department, a brief description of the proposed activity, and the location of the activity. Each item shall remain on the log for one year. Upon written request by any person, a regional office shall send the log to that person monthly for one year. A request made pursuant to this clause may be renewed annually.
(B)CA Fish and Game Code § 1602(a)(4)(B) The department determines that the activity may substantially adversely affect an existing fish or wildlife resource and issues a final agreement to the entity that includes reasonable measures necessary to protect the resource, and the entity conducts the activity in accordance with the agreement.
(C)CA Fish and Game Code § 1602(a)(4)(C) A panel of arbitrators issues a final agreement to the entity in accordance with subdivision (b) of Section 1603, and the entity conducts the activity in accordance with the agreement.
(D)CA Fish and Game Code § 1602(a)(4)(D) The department does not issue a draft agreement to the entity within 60 days from the date notification is complete, and the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.
(b)Copy CA Fish and Game Code § 1602(b)
(1)Copy CA Fish and Game Code § 1602(b)(1) If an activity involves the routine maintenance and operation of water supply, drainage, flood control, or waste treatment and disposal facilities, notice to and agreement with the department shall not be required after the initial notification and agreement, unless the department determines either of the following:
(A)CA Fish and Game Code § 1602(b)(1)(A) The work described in the agreement has substantially changed.
(B)CA Fish and Game Code § 1602(b)(1)(B) Conditions affecting fish and wildlife resources have substantially changed, and those resources are adversely affected by the activity conducted under the agreement.
(2)CA Fish and Game Code § 1602(b)(2) This subdivision applies only if notice to, and agreement with, the department was attained prior to January 1, 1977, and the department has been provided a copy of the agreement or other proof of the existence of the agreement that satisfies the department, if requested.
(c)CA Fish and Game Code § 1602(c) Notwithstanding subdivision (a), the department is not required to determine whether the notification is complete or otherwise process the notification until the department has received the applicable fees.
(d)Copy CA Fish and Game Code § 1602(d)
(1)Copy CA Fish and Game Code § 1602(d)(1) Notwithstanding subdivision (a), an entity shall not be required to obtain an agreement with the department pursuant to this chapter for activities authorized by a license or renewed license for cannabis cultivation issued by the Department of Cannabis Control for the term of the license or renewed license if all of the following occur:
(A)CA Fish and Game Code § 1602(d)(1)(A) The entity submits all of the following to the department:
(i)CA Fish and Game Code § 1602(d)(1)(A)(i) The written notification described in paragraph (1) of subdivision (a).
(ii)CA Fish and Game Code § 1602(d)(1)(A)(ii) A copy of the license or renewed license for cannabis cultivation issued by the Department of Cannabis Control that includes the requirements specified in Section 26060.1 of the Business and Professions Code.
(iii)CA Fish and Game Code § 1602(d)(1)(A)(iii) The fee specified in paragraph (3) of subdivision (a).
(B)CA Fish and Game Code § 1602(d)(1)(B) The department determines in its sole discretion that compliance with the requirements specified in Section 26060.1 of the Business and Professions Code that are included in the license will adequately protect existing fish and wildlife resources that may be substantially adversely affected by the cultivation without the need for additional measures that the department would include in a draft streambed alteration agreement in accordance with Section 1603.
(C)CA Fish and Game Code § 1602(d)(1)(C) The department notifies the entity in writing that the exemption applies to the cultivation authorized by the license or renewed license.
(2)CA Fish and Game Code § 1602(d)(2) The department shall notify the entity in writing whether the exemption in paragraph (1) applies to the cultivation authorized by the license or renewed license within 60 days from the date that the notification is complete and the fee has been paid.
(3)CA Fish and Game Code § 1602(d)(3) If an entity receives an exemption pursuant to this subdivision and fails to comply with any of the requirements described in Section 26060.1 of the Business and Professions Code that are included in the license, the failure shall constitute a violation under this section, and the department shall notify the Department of Cannabis Control of any enforcement action taken.
(e)CA Fish and Game Code § 1602(e) It is unlawful for any entity to violate this chapter.

Section § 1603

Explanation

This section explains the process for handling activities that might harm fish and wildlife resources. After being notified by an entity, the department decides if the activity could have a negative impact. If so, they create a draft agreement outlining how to protect the affected resources and send it to the entity. The entity has 30 days to accept or suggest changes, and if there's disagreement, they can meet with the department to resolve it. If they fail to respond in 90 days, the agreement is withdrawn, and they must notify again before starting the activity.

If an agreement isn't reached through discussion, the entity can request arbitration. A panel of three arbitrators is formed: one chosen by the department, one by the entity, and a third mutually selected or appointed. This panel resolves disputes within 14 days, and their decision is binding. The process ensures the protection measures are based on current scientific knowledge. Each party covers their own arbitration costs and split the cost of the third arbitrator.

(a)CA Fish and Game Code § 1603(a) After the notification is complete, the department shall determine whether the activity may substantially adversely affect an existing fish and wildlife resource. If the department determines that the activity may have that effect, the department shall provide a draft agreement to the entity within 60 days after the notification is complete. The draft agreement shall describe the fish and wildlife resources that the department has determined the activity may substantially adversely affect and include measures to protect those resources. The department’s description of the affected resources shall be specific and detailed, and the department shall make available, upon request, the information upon which its determination of substantial adverse effect is based. Within 30 days of the date of receipt of the draft agreement, the entity shall notify the department whether the measures to protect fish and wildlife resources in that draft agreement are acceptable. If the department’s measures are not acceptable, the entity shall so notify the department in writing and specify the measures that are not acceptable. Upon written request, the department shall meet with the entity within 14 days of the date the department receives the request for the purpose of resolving any disagreement regarding those measures. If the entity fails to respond, in writing, within 90 days of receiving the draft agreement, the department may withdraw that agreement, and require the entity to resubmit a notification to the department before commencing the activity.
(b)CA Fish and Game Code § 1603(b) If mutual agreement is not reached at any meeting held pursuant to subdivision (a), the entity may request, in writing, the appointment of a panel of arbitrators to resolve the disagreement. A panel of arbitrators shall be appointed within 14 days of receipt of the written request. The panel of arbitrators shall be comprised of three persons, as follows: one representative selected by the department; one representative selected by the affected entity; and a third person mutually agreed upon by the department and the entity, who shall serve as the panel chair. If the department and the entity cannot agree on the third person within that 14-day period, the third person shall be appointed in the manner provided by Section 1281.6 of the Code of Civil Procedure. The third person shall have scientific expertise relevant to the fish and wildlife resources that may be substantially adversely affected by the activity proposed by the entity and to the measures proposed by the department to protect those resources. The authority of the panel of arbitrators is limited to resolving disagreements regarding the measures specified in subdivision (a), and subdivisions (b) and (g) of Section 1605, and, in the case of an extension, whether or not the agreement needs to be modified to protect fish and wildlife resources. Any decision by the panel of arbitrators shall be issued within 14 days from the date the panel was established, shall be binding on the department and the affected entity, shall be based on the best scientific information reasonably available at the time of the arbitration, and, except for a decision to extend an agreement without modification, shall be made in the form of a final agreement. The final agreement issued by the panel shall also include, without modification, all measures that were not subject to arbitration. Each party shall pay the expenses of their selected representative and pay one-half the expenses of the third person.

Section § 1604

Explanation

If you are affected by a decision from an arbitration panel, you can ask a court to confirm, change, or cancel that decision. This process is done by following rules in a specific part of another set of laws, called the Code of Civil Procedure.

Any party affected by a decision made by an arbitration panel pursuant to this chapter may petition a court of competent jurisdiction for confirmation, correction, or vacation of the decision in accordance with Chapter 4 (commencing with Section 1285) of Title 9 of Part 3 of the Code of Civil Procedure.

Section § 1605

Explanation

This section explains the rules about agreements related to protecting fish and wildlife resources. Normally, these agreements can't last more than five years, but the entity must still carry out protective measures for fish and wildlife even after the agreement ends. An entity can ask for a single extension before the original term ends, unless the department finds that changes are necessary to continue protecting the wildlife.

If there's disagreement about needed changes, there's a process to resolve this through arbitration. Extensions can't be longer than five years. If an agreement expires without an extension request, a new notification must be submitted.

Agreements can last longer than five years if certain conditions are met, like providing a status report every four years and the department confirmed compliance. The department can inspect sites to ensure compliance, and a special log must be kept for long-term agreements.

(a)Copy CA Fish and Game Code § 1605(a)
(1)Copy CA Fish and Game Code § 1605(a)(1) Except as otherwise provided in this section, the term of an agreement shall not exceed five years.
(2)CA Fish and Game Code § 1605(a)(2) Notwithstanding paragraph (1), after the agreement expires, the entity shall remain responsible for implementing any mitigation or other measures specified in the agreement to protect fish and wildlife resources.
(b)CA Fish and Game Code § 1605(b) Any entity may request one extension of a previously-approved agreement, if the entity requests the extension prior to the expiration of its original term. The department shall grant the extension unless it determines that the agreement requires modification because the measures contained in the agreement no longer protect the fish and wildlife resources that the activity may substantially adversely affect. In the event the department makes that determination, the department shall propose measures intended to protect those resources.
(c)CA Fish and Game Code § 1605(c) If the entity disagrees with the department’s determination that the agreement requires modification to protect fish and wildlife resources or with the measures proposed by the department, the disagreement shall be resolved pursuant to the procedures described in subdivision (b) of Section 1603.
(d)CA Fish and Game Code § 1605(d) The department may not extend an agreement for more than five years.
(e)Copy CA Fish and Game Code § 1605(e)
(1)Copy CA Fish and Game Code § 1605(e)(1) An original agreement shall remain in effect until the department grants the extension request, or new measures are imposed to protect fish and wildlife resources by agreement or through the arbitration process.
(2)CA Fish and Game Code § 1605(e)(2) Notwithstanding paragraph (1), an original agreement may not remain in effect for more than one year after its expiration date.
(f)CA Fish and Game Code § 1605(f) If the entity fails to submit a request to extend an agreement prior to its expiration, the entity shall submit a new notification before commencing or continuing the activity covered by the agreement.
(g)CA Fish and Game Code § 1605(g) Notwithstanding paragraph (1) of subdivision (a), the department may issue an agreement, that otherwise meets the requirements of this chapter, for a term longer than five years if the following conditions are satisfied:
(1)CA Fish and Game Code § 1605(g)(1) The information the entity provides to the department in its notification meets the requirements of paragraph (1) of subdivision (a) of Section 1602.
(2)CA Fish and Game Code § 1605(g)(2) The entity agrees to provide a status report to the department every four years. The status report shall be delivered to the department no later than 90 days prior to the end of each four-year period, and shall include all of the following information:
(A)CA Fish and Game Code § 1605(g)(2)(A) A copy of the original agreement.
(B)CA Fish and Game Code § 1605(g)(2)(B) The status of the activity covered by the agreement.
(C)CA Fish and Game Code § 1605(g)(2)(C) An evaluation of the success or failure of the measures in the agreement to protect the fish and wildlife resources that the activity may substantially adversely affect.
(D)CA Fish and Game Code § 1605(g)(2)(D) A discussion of any factors that could increase the predicted adverse impacts on fish and wildlife resources, and a description of the resources that may be adversely affected.
(3)CA Fish and Game Code § 1605(g)(3) The department shall review the four-year status report, and conduct an onsite inspection to confirm that the entity is in compliance with the agreement and that the measures in the agreement continue to protect the fish and wildlife resources. If the department determines that the measures in the agreement no longer protect the fish and wildlife resources that are being substantially adversely affected by the activity, the department, in consultation with the entity, and within 45 days of receipt of the report, shall impose one or more new measures to protect the fish and wildlife resources affected by the activity. If requested to do so by the entity, the department shall make available the information upon which it determined the agreement no longer protects the affected fish and wildlife resources. If the entity disagrees with one or more of the new measures, within seven days of receiving the new measures, it shall notify the department, in writing, of the disagreement. The entity and the department shall consult regarding the disagreement. The consultation shall be completed within seven days after the department receives the entity’s notice of disagreement. If the department and entity fail to reach agreement, the entity may request, in writing, the appointment of a panel of arbitrators to resolve the disagreement. The panel of arbitrators shall be appointed within 14 days of the completed consultation. The panel of arbitrators shall issue a decision within 14 days of the date it is established. All other provisions of subdivision (b) of Section 1603 regarding the panel shall apply to any arbitration panel established in accordance with this subdivision. If the entity fails to provide timely status reports as required by this subdivision, the department may suspend or revoke the agreement.
(4)CA Fish and Game Code § 1605(g)(4) The agreement shall authorize department employees to conduct onsite inspections relevant to the agreement, upon reasonable notice. Nothing in this section limits the authority of department employees to inspect private or public sites.
(5)CA Fish and Game Code § 1605(g)(5) Except as provided in paragraph (3), subparagraph (D) of paragraph (4) of subdivision (a) of Section 1602 and the time periods to process agreements specified in this chapter do not apply to agreements issued pursuant to this section.
(h)CA Fish and Game Code § 1605(h) Each region of the department shall log the notifications of activities for which a long-term agreement is being considered pursuant to subdivision (g). The log shall list the date the notification was received by the department, a brief description of the proposed activity, and the location of the activity. Each item shall remain on the log for one year. Upon written request by any person, a regional office shall send the log to that person monthly for one year. A request made pursuant to this subdivision may be renewed annually.

Section § 1606

Explanation

This law ensures that the department cannot require someone to obtain any other local, state, or federal permit as a condition for issuing an agreement.

The department shall not condition the issuance of an agreement on the receipt of another local, state, or federal permit.

Section § 1607

Explanation

This law says that any time limit mentioned in this chapter can be lengthened if everyone involved agrees to it.

Any time period prescribed in this chapter may be extended by mutual agreement.

Section § 1608

Explanation

This section explains that the department must give detailed information to any entity that submits a notification as specified. This includes the review period for the notification, how and when to object to proposed measures, and the response times for objections. It also covers the right to arbitration of measures in a draft agreement and provides details on the procedures, timelines, and fee requirements for arbitration. Finally, it includes the current fee schedule for obtaining an agreement.

The department shall provide any entity that submits a notification pursuant to subdivision (a) of Section 1602 with all of the following information:
(a)CA Fish and Game Code § 1608(a) The time period for review of the notification.
(b)CA Fish and Game Code § 1608(b) An explanation of the entity’s right to object to any measures proposed by the department.
(c)CA Fish and Game Code § 1608(c) The time period within which objections may be made in writing to the department.
(d)CA Fish and Game Code § 1608(d) The time period within which the department is required to respond, in writing, to the entity’s objections.
(e)CA Fish and Game Code § 1608(e) An explanation of the right of the entity to arbitrate any measures in a draft agreement.
(f)CA Fish and Game Code § 1608(f) The procedures and statutory timelines for arbitration, including, but not limited to, information about the payment requirements for arbitrator fees.
(g)CA Fish and Game Code § 1608(g) The current schedule of fees to obtain an agreement.

Section § 1609

Explanation

The law allows a department to charge fees to any organization under this chapter, with the fees covering the costs of overseeing and enforcing the rules. These fees can pay for activities like creating agreements and performing inspections, and they are placed into a specific fund.

The fees may be adjusted each year according to a different law, and each project should not have a fee over $5,000. However, this $5,000 cap does not apply to projects related to particular agreements under another section.

(a)CA Fish and Game Code § 1609(a) The department may establish a graduated schedule of fees to be charged to any entity subject to this chapter. The fees charged shall be established in an amount necessary to pay the total costs incurred by the department in administering and enforcing this chapter, including, but not limited to, preparing and submitting agreements and conducting inspections. The department shall annually adjust the fees pursuant to Section 713. Fees received pursuant to this section shall be deposited in the Fish and Game Preservation Fund.
(b)Copy CA Fish and Game Code § 1609(b)
(1)Copy CA Fish and Game Code § 1609(b)(1) The fee schedule established pursuant to subdivision (a) shall not include a fee that exceeds five thousand dollars ($5,000) for any single project.
(2)CA Fish and Game Code § 1609(b)(2) The fee limitation described in paragraph (1) does not apply to any project included in any agreement issued pursuant to subdivision (g) of Section 1605.

Section § 1610

Explanation

This law outlines situations where the usual regulatory rules don't apply, mainly focusing on emergency conditions. If you're dealing with immediate emergencies to protect life or property, urgent repairs for public services after a disaster, or highway repairs due to natural disasters, these do not require usual detailed procedures. However, roadway expansions or work on scenic highways don't get a free pass. Whoever does this emergency work has to inform the relevant department within 14 days of starting. Not following these guidelines can result in a violation.

(a)CA Fish and Game Code § 1610(a) Except as provided in subdivision (b), this chapter does not apply to any of the following:
(1)CA Fish and Game Code § 1610(a)(1) Immediate emergency work necessary to protect life or property.
(2)CA Fish and Game Code § 1610(a)(2) Immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(3)CA Fish and Game Code § 1610(a)(3) Emergency projects undertaken, carried out, or approved by a state or local governmental agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, within the existing right-of-way of the highway, that has been damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. Work needed in the vicinity above and below a highway may be conducted outside of the existing right-of-way if it is needed to stop ongoing or recurring mudslides, landslides, or erosion that pose an immediate threat to the highway, or to restore those roadways damaged by mudslides, landslides, or erosion to their predamage condition and functionality. This paragraph does not exempt from this chapter any project undertaken, carried out, or approved by a state or local governmental agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide. The exception provided in this paragraph does not apply to a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code.
(b)CA Fish and Game Code § 1610(b) The entity performing the emergency work described in subdivision (a) shall notify the department of the work, in writing, within 14 days of beginning the work. Any work described in the emergency notification that does not meet the criteria for the emergency work described in subdivision (a) is a violation of this chapter if the entity did not first notify the department in accordance with Section 1602 or 1611.
(c)CA Fish and Game Code § 1610(c) This chapter does not apply to activities undertaken pursuant to Section 1242.1 of the Water Code.

Section § 1611

Explanation

This law explains that if you submit a timber harvesting plan with certain details, it counts as giving the required notice for altering streams or water bodies. To be valid, the plan must include information like the type of work, the volume and type of materials and water, equipment used, vegetation impact, and operation timeline. You also need a diagram showing the work location and road access.

The Department won't process this notification until they receive both the plan and a related fee. They aren't obligated to approve any agreements less than 60 days after receiving a complete notification. The agreement starts when timber operations begin, unless stated otherwise in the agreement.

(a)CA Fish and Game Code § 1611(a) An entity that submits a timber harvesting plan in accordance with Section 4581 of the Public Resources Code or directly to the department is deemed to have given the notification required by Section 1602, as long as the following information is included in the plan:
(1)CA Fish and Game Code § 1611(a)(1) The volume, type, and equipment to be used in removing or displacing any one or combination of soil, sand, gravel, or boulders.
(2)CA Fish and Game Code § 1611(a)(2) The volume of water, intended use, and equipment to be used in any water diversion or impoundment, if applicable.
(3)CA Fish and Game Code § 1611(a)(3) The equipment to be used in road or bridge construction.
(4)CA Fish and Game Code § 1611(a)(4) The type and density of vegetation to be affected and an estimate of the area involved.
(5)CA Fish and Game Code § 1611(a)(5) A diagram or sketch of the location of the operation that clearly indicates the stream or other water and access from a named public road. Locked gates shall be indicated and the compass direction shall be shown.
(6)CA Fish and Game Code § 1611(a)(6) A description of the period of time in which operations will be carried out.
(b)CA Fish and Game Code § 1611(b) Notwithstanding subdivision (a), the department is not required to determine whether the notification is complete or otherwise process the notification until the timber harvesting plan and the proper notification fee have both been received by the department.
(c)CA Fish and Game Code § 1611(c) Nothing in this section requires the department to issue an agreement fewer than 60 days from the date the notification is complete.
(d)CA Fish and Game Code § 1611(d) The date on which the term of an agreement issued pursuant to this section begins shall be the date timber operations first commence, unless the agreement specifies a later beginning date.

Section § 1612

Explanation

This section states that the department can suspend or revoke an agreement if an entity doesn't comply with the agreement's terms or fails to provide updates on time. Before taking action, the department must establish procedures and give the entity written notice explaining why they're being suspended or revoked. The entity should also have a chance to fix any issues before the agreement is suspended or revoked.

The department may suspend or revoke an agreement at any time if it determines that an entity is not in compliance with the terms of the agreement or fails to provide timely status reports as required by subdivision (g) of Section 1605. The department shall adopt regulations establishing the procedure for suspension or revocation of an agreement. The procedure shall require the department to provide to the entity a written notice that explains the basis for a suspension or revocation, and to provide the entity with an opportunity to correct any deficiency before the department suspends or revokes the agreement.

Section § 1613

Explanation

If the department finds that an entity's proposed activity violates regulations before a final agreement is made, it can pause reviewing their application. The usual rules and deadlines won't apply until the issue is resolved. This rule stops if the violation is fixed, if legal actions aren't started in time, or if any legal cases are dropped.

If, after receiving a notification, but before the department executes a final agreement, the department informs the entity, in writing, that the activity described in the notification, or any activity or conduct by the entity directly related thereto, violates any provision of this code or the regulations that implement the code, the department may suspend processing the notification, and subparagraph (D) of paragraph (4) of subdivision (a) of Section 1602 and the timelines specified in Section 1603 do not apply. This section ceases to apply if any of the following occurs:
(a)CA Fish and Game Code § 1613(a) The department determines that the violation has been remedied.
(b)CA Fish and Game Code § 1613(b) Legal action to prosecute the violation is not filed within the applicable statute of limitations.
(c)CA Fish and Game Code § 1613(c) Legal action to prosecute the violation has been terminated.

Section § 1614

Explanation

This law states that if an entity is ordered by a court or administrative body to do work that involves this chapter, they must include specific protective measures for fish and wildlife suggested by the department in their agreement. These protective measures cannot be challenged or changed through arbitration.

If the entity is required to perform work subject to this chapter pursuant to a court or administrative order or notice, the entity shall include the measures proposed by the department to protect fish and wildlife resources in the agreement. Those measures are not subject to arbitration.

Section § 1615

Explanation

If an entity breaks the rules of this chapter, it can be fined up to $25,000 for each violation. This fine is in addition to any other penalties under the law.

When deciding the fine amount, the court considers factors like the seriousness and impact of the violation, any cleanup efforts, the violator's financial situation, and past violations.

The Attorney General or local authorities can bring lawsuits for these violations on behalf of the people.

In these cases, it's not necessary to prove that harm will occur without an injunction. The court can issue injunctions without such proof.

Fines collected are not considered traditional fines and are split, with half going to county wildlife funds and half to the state Fish and Game Preservation Fund.

(a)CA Fish and Game Code § 1615(a)  An entity that violates this chapter is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.
(b)CA Fish and Game Code § 1615(b) The civil penalty imposed pursuant to subdivision (a) is separate from, and in addition to, any other civil penalty imposed pursuant to this section or any other provision of the law.
(c)CA Fish and Game Code § 1615(c) In determining the amount of any civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court may consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and, with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines that justice may require.
(d)CA Fish and Game Code § 1615(d) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.
(e)Copy CA Fish and Game Code § 1615(e)
(1)Copy CA Fish and Game Code § 1615(e)(1) In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding any of the following:
(A)CA Fish and Game Code § 1615(e)(1)(A) That irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued.
(B)CA Fish and Game Code § 1615(e)(1)(B) That the remedy at law is inadequate.
(2)CA Fish and Game Code § 1615(e)(2) The court shall issue a temporary restraining order, preliminary injunction, or permanent injunction in a civil action brought pursuant to this chapter without the allegations and without the proof specified in paragraph (1).
(f)CA Fish and Game Code § 1615(f) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003, and shall be apportioned in the following manner:
(1)CA Fish and Game Code § 1615(f)(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.
(2)CA Fish and Game Code § 1615(f)(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of any legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.

Section § 1616

Explanation

This section states that any agreements made by the department before January 1, 2004, will be governed by the rules that were in place before that date. However, this rule does not apply to a specific requirement from Section 1602, which involves the need for an entity to provide proof of an agreement made before January 1, 1977, if the department asks for it.

Any agreement or any memorandum of understanding executed by the department pursuant to this chapter prior to January 1, 2004, shall be subject to, and shall be governed by, the provisions of this chapter that were in existence prior to that date. This section does not apply to paragraph (2) of subdivision (b) of Section 1602, requiring an entity to provide a copy or other satisfactory evidence of an agreement attained prior to January 1, 1977, upon the request of the department.

Section § 1617

Explanation

This law allows the department to create general agreements for growing cannabis instead of requiring individual agreements. These general agreements skip certain processing time rules and don't need further review, making them final once issued. There's a fee for these agreements, determined under existing guidelines. If the department creates or changes a general agreement, it happens as an emergency regulation to protect public well-being, and these regulations remain until changed. Importantly, these regulations aren't subject to some environmental review requirements.

(a)CA Fish and Game Code § 1617(a) The department may adopt general agreements for the cultivation of cannabis.
(b)CA Fish and Game Code § 1617(b) Any general agreement adopted by the department subsequent to adoption of regulations under this section shall be in lieu of an individual agreement described in subparagraph (B) of paragraph (4) of subdivision (a) of Section 1602.
(c)CA Fish and Game Code § 1617(c) Subparagraph (D) of paragraph (4) of subdivision (a) of Section 1602 and all other time periods to process agreements specified in this chapter do not apply to the issuance of a general agreement adopted by the department pursuant to this section.
(d)CA Fish and Game Code § 1617(d) Any general agreement issued by the department pursuant to this section is a final agreement and is not subject to Section 1603 or 1604.
(e)CA Fish and Game Code § 1617(e) The department shall charge a fee for a general agreement adopted by the department under this section in accordance with Section 1609.
(f)CA Fish and Game Code § 1617(f) If the department adopts or amends a general agreement under this section, it shall do so as an emergency regulation. An emergency regulation adopted pursuant to this section, and any amendments to it, shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department, or any amendments to it made by the department pursuant to this section, shall stay in effect until revised by the department.
(g)CA Fish and Game Code § 1617(g) Regulations adopted pursuant to this section, and any amendment thereto, shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.