Section § 101

Explanation

This law section establishes the Fish and Game Commission as part of the Resources Agency, based on the authority given by the state Constitution.

There is in the Resources Agency the Fish and Game Commission created by Section 20 of Article IV of the Constitution.

Section § 101.5

Explanation

This section explains that as California's population has grown and scientific understanding of wildlife management has expanded, the role of the California Fish and Game Commission has become more complex. The law suggests specific qualities and experiences to consider when appointing new commission members. These include the candidate's ability to enhance diversity, knowledge and experience in wildlife management, background in public policy and decision-making, commitment to attending meetings, and understanding of natural resource science.

(a)CA Fish And Game Code § 101.5(a) The Legislature finds and declares that the scope and responsibilities of the commission have significantly expanded over the years as the size and diversity of California’s population have increased, and as the scientific knowledge of the habitat conservation and ecosystem-based management needs of wildlife has expanded. The members of the commission are expected to make complex public policy and biological decisions on behalf of the people of California. The commission is created by the California Constitution, which does not include any criteria or qualifications for selection and appointment of commissioners.
(b)CA Fish And Game Code § 101.5(b) It is therefore the intent of the Legislature to encourage the Governor and the Senate Committee on Rules to consider the following minimum qualifications in selecting, appointing, and confirming commissioners to serve on the commission:
(1)CA Fish And Game Code § 101.5(b)(1) The degree to which the appointee will enhance the diversity of background and geographic representation of the commission.
(2)CA Fish And Game Code § 101.5(b)(2) The appointee’s demonstrated interest and background in, and familiarity with, wildlife and natural resources management programs at the state or federal level.
(3)CA Fish And Game Code § 101.5(b)(3) The appointee’s previous experience in public policy decisionmaking, including government processes involving public participation.
(4)CA Fish And Game Code § 101.5(b)(4) The appointee’s commitment to prepare for and attend meetings and subcommittee meetings of the commission and to comply with all applicable state conflict-of-interest laws.
(5)CA Fish And Game Code § 101.5(b)(5) The extent of the appointee’s exposure to and experience with the basic science underpinning the management of living natural resources.
(6)CA Fish And Game Code § 101.5(b)(6) The appointee’s diversity of knowledge of natural resource issues and related scientific disciplines, including, but not limited to, outdoor recreation.

Section § 102

Explanation

This law outlines how the commission selects its leadership each year. The commissioners need a majority (at least three votes) to elect a president and a vice president annually. The same majority of commissioners can remove either leader at any time. If a vacancy happens, it's filled at the next meeting and the new leader completes the term. Importantly, no policies can make the leaders chosen by how long they've served, or block someone from becoming a leader for other specific reasons.

(a)CA Fish And Game Code § 102(a) The commissioners shall annually elect one of their number as president and one as vice president, by a concurrent vote of at least three commissioners.
(b)CA Fish And Game Code § 102(b) The president or vice president may be removed from the position of president or vice president by a vote, at any time, of at least three commissioners.
(c)CA Fish And Game Code § 102(c) In the event of a vacancy in either the position of president or vice president, the commission shall fill that vacancy at the next regularly scheduled meeting of the commission. The elected successor president or vice president shall serve for the unexpired term of the predecessor until the annual election pursuant to subdivision (a).
(d)CA Fish And Game Code § 102(d) The commission may not adopt or enforce a policy or a regulation that provides for the president and vice president to be chosen by seniority nor may the commission adopt or enforce any other policy or regulation that would make a commissioner ineligible to be elected as president or vice president of the commission.

Section § 103

Explanation

Commissioners are paid $100 for each day they work on their official duties, up to a maximum of $500 per month. They are also reimbursed for any necessary expenses while performing their duties.

This payment and reimbursement come from the Fish and Game Preservation Fund.

(a)CA Fish And Game Code § 103(a) Each of the commissioners shall receive one hundred dollars ($100) for each day of actual service performed in carrying out his or her official duties pursuant to law, but the amount of this compensation shall not exceed for any one commissioner the sum of five hundred dollars ($500) for any one calendar month. In addition to this compensation, the commissioners shall receive their actual and necessary expenses incurred in the performance of their duties.
(b)CA Fish And Game Code § 103(b) The compensation and expenses provided in this section shall be paid out of the Fish and Game Preservation Fund.

Section § 104

Explanation

This law allows the commission to hire staff, including an executive director, to help with its work. However, neither the commission nor the staff is allowed to have control over the administration of the department.

The commission may employ a staff, including an executive director, to assist the commission in conducting its operations, but neither the commission nor its staff shall have or be given any powers in relation to the administration of the department.

Section § 105

Explanation

This law requires a committee to be formed from the commission's members to focus on marine resources. This committee has to report their activities and suggest actions on marine resource issues to the main commission. If possible, they should attend relevant department meetings, especially when important marine resource management documents are being worked on.

The commission shall form a marine resources committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all marine resource matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant marine living resource management documents are being developed.

Section § 106

Explanation

This law requires the commission to create a wildlife resources committee made up of at least one commission member. The committee's role is to keep the commission informed about its work and suggest actions regarding nonmarine resource issues. It should also participate in department meetings where significant wildlife management plans are discussed, if possible.

The commission shall form a wildlife resources committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all nonmarine resource matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant wildlife resource management documents are being developed.

Section § 106.5

Explanation

This section mandates that a tribal committee, made up of at least one commission member, be formed to manage tribal-related issues. The committee must regularly report its activities and make recommendations on all tribal matters considered by the commission. If possible, the committee or a representative should attend important meetings where significant tribal management documents are discussed.

The commission shall form a tribal committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all tribal matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant tribal management documents are being developed.

Section § 107

Explanation

This law requires that commissioners follow a code of conduct with several key principles. First, they must fulfill their duties and responsibilities faithfully and fairly. They are to work in the public's best interest, being fair, open, and unbiased, without misusing their power.

The law also emphasizes the importance of public trust and the role of the commission in wildlife and natural resource programs, urging commissioners to act in ways that enhance public confidence. Furthermore, commissioners must not engage in actions that tarnish the state's laws or policies. Lastly, they are prohibited from using their position to influence decisions if they have a financial interest in the matter.

The commission shall adopt a code of conduct that requires, at a minimum, that a commissioner adhere to the following principles:
(a)CA Fish And Game Code § 107(a) A commissioner shall faithfully discharge the duties, responsibilities, and quasi-judicial actions of the commission.
(b)CA Fish And Game Code § 107(b) A commissioner shall conduct his or her affairs in the public’s best interest, following principles of fundamental fairness and due process of law.
(c)CA Fish And Game Code § 107(c) A commissioner shall conduct his or her affairs in an open, objective, and impartial manner, free of undue influence and the abuse of power and authority.
(d)CA Fish And Game Code § 107(d) A commissioner understands that California’s wildlife and natural resources programs require public awareness, understanding, and support of, and participation and confidence in, the commission and its practices and procedures.
(e)CA Fish And Game Code § 107(e) A commissioner shall preserve the public’s welfare and the integrity of the commission, and act to maintain the public’s trust in the commission and the implementation of its regulations and policies.
(f)CA Fish And Game Code § 107(f) A commissioner shall not conduct himself or herself in a manner that reflects discredit upon state laws or policies, regulations, and principles of the commission.
(g)CA Fish And Game Code § 107(g) A commissioner shall not make, participate in making, or in any other way attempt to use his or her official position to influence a commission decision in which the member has a financial interest.

Section § 108

Explanation

This law required that by July 1, 2013, the commission establish rules for how it conducts its business operations and activities. The goal was to set standards for the commission's processes.

By July 1, 2013, the commission shall adopt rules to govern the business practices and processes of the commission.

Section § 110

Explanation

This section outlines that the commission must hold at least eight meetings annually, provided there is enough funding for travel. They can also hold additional meetings to gather input. The dates and locations of these meetings need to be announced by January 1 or 60 days before the first meeting. Meetings should be public and take place across the state, ideally in state facilities. When planning, the commission should consider the department's recommendations, hunting and fishing seasons, and other regulatory schedules. Public notices of meetings should be widely disseminated and comply with the Administrative Procedure Act.

(a)CA Fish And Game Code § 110(a) The commission shall hold no fewer than eight regular meetings per calendar year, if the commission has adequate funding for related travel, including funding for department travel. The commission may also hold special meetings or hearings to receive additional input from the department and the public.
(b)CA Fish And Game Code § 110(b) The commission shall announce the dates and locations of meetings for the year by January 1 of that year, or 60 days prior to the first meeting, whichever comes first. Meeting locations shall be accessible to the public and located throughout the state. To the extent feasible, meetings shall be held in state facilities. In setting the dates and locations for regular meetings, the commission shall also consider the following factors:
(1)CA Fish And Game Code § 110(b)(1) Recommendations of the department.
(2)CA Fish And Game Code § 110(b)(2) Opening and closing dates of fishing and hunting seasons.
(3)CA Fish And Game Code § 110(b)(3) The schedules of other state and federal regulatory agencies whose regulations affect the management of fish and wildlife of this state.
(c)CA Fish And Game Code § 110(c) The commission shall cause the notice of the schedule for regular meetings, and notice of any change in the date and location of a meeting, to be disseminated to the public in a manner that will result in broad dissemination and that complies with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).