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2005 California Fish and Game Code Sections 1500-1507 Article 1. Generally
FISH AND GAME CODESECTION 1500-1507
1500. The department may, with the approval of the commission and the Department of General Services, exchange any portion of the property lying within the boundaries of any area or range referred to in this section for any property within or contiguous to such area or range or may sell any portion of the property within such boundaries and with the proceeds thereof acquire any property within or contiguous to such area or range; provided, that no exchange or sale of property authorized in this section shall materially reduce the total area of any range or area referred to in this section. A copy of each deed of conveyance executed and delivered by the department, and of each deed conveying lands to the state, pursuant to this section shall be delivered to the State Lands Commission. The provisions of this section apply to all of the following: (a) The Doyle Deer Winter Range, located in Lassen County. (b) The Tehama Deer Winter Range, located in Tehama County. (c) The Honey Lake Waterfowl Management Area, located in Lassen County. (d) The Imperial Waterfowl Management Area, located in Imperial County. (e) The Mendota Waterfowl Management Area, located in Fresno County. (f) The San Jacinto Wildlife Area, located in Riverside County. (g) The Lakes Earl/Talawa Wildlife Area, located in Del Norte County. (h) The Santa Rosa Mountains Bighorn Sheep Reserve, located in Riverside County. (i) The Camp Cady Wildlife Area, located in San Bernardino County. (j) The Butte Valley Wildlife Area, located in Siskiyou County. (k) The Ash Creek Wildlife Area, located in Lassen and Modoc Counties. (l) The Moss Landing Wildlife Area, located in Monterey County. 1500.5. With respect to exchanging or selling any property pursuant to Section 1500, the director, with respect to any parcel containing 15 acres or less, shall except and reserve to the state all mineral deposits, as defined in Section 6407 of the Public Resources Code, below a depth of 500 feet, without surface rights of entry. As to any parcel containing more than 15 acres, the director shall except and reserve to the state all mineral deposits, as defined in Section 6407 of the Public Resources Code, together with the right to prospect for, mine, and remove the deposits. The rights to prospect for, mine, and remove shall be limited to those areas of the property conveyed which the director, after consultation with the State Lands Commission, determines to be reasonably necessary for the removal of the resources and deposits. 1501. The department may expend such funds as may be necessary for the improvement of property, including nonnavigable lakes and streams, riparian zones, and upland, in order to restore, rehabilitate, and improve fish and wildlife habitat. The improvement activities may include, but are not limited to, the removal of barriers to migration of fish and wildlife and the improvement of hatching, feeding, resting, and breeding places for wildlife. The department may undertake the services and habitat improvement work on private, public, and public trust lands without the state acquiring an interest in the property. 1501.5. (a) The department may enter into contracts for fish and wildlife habitat preservation, restoration, and enhancement with public and private entities whenever the department finds that the contracts will assist in meeting the department's duty to preserve, protect, and restore fish and wildlife. (b) The department may grant funds for fish and wildlife habitat preservation, restoration, and enhancement to public agencies, Indian tribes, and nonprofit entities whenever the department finds that the grants will assist it in meeting its duty to preserve, protect, and restore fish and wildlife. (c) Contracts authorized under this section are contracts for services and are governed by Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. No work under this section is public work or a public improvement, and is not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (d) This section does not apply to contracts for any of the following: (1) Construction of office, storage, garage, or maintenance buildings. (2) Drilling wells and installation of pumping equipment. (3) Construction of permanent hatchery facilities, including raceways, water systems, and bird exclosures. (4) Construction of permanent surfaced roadways and bridges. (5) Any project requiring engineered design or certification by a registered engineer. (6) Any contract, except contracts with public agencies, nonprofit organizations, or Indian tribes that exceed fifty thousand dollars ($50,000) in cost, excluding the cost for gravel, for fish and wildlife habitat preservation, restoration, and enhancement for any one of the following: (A) Fish screens, weirs, and ladders. (B) Drainage or other watershed improvements. (C) Gravel and rock removal or placement. (D) Irrigation and water distribution systems. (E) Earthwork and grading. (F) Fencing. (G) Planting trees or other habitat vegetation. (H) Construction of temporary storage buildings. 1502. The department, in accordance with policies established by the commission, may provide for the feeding of game birds, mammals, or fish at such times as natural foods therefor are not available, and may provide suitable area or areas for such feeding, and may for those purposes expend such money as is necessary from the Fish and Game Preservation Fund. 1503. The department shall provide for the feeding of deer wherever the director finds that natural forage is unavailable therefor due to excessive snow. The times, extent, and manner of such feeding shall be prescribed by the director. In carrying out the provisions of this section neither the department nor the director shall be bound by any policy determination or regulation of the commission, it being the purpose of this section to commit to the independent discretion of the director all matters within the purview of this section. No deer shall be fed pursuant to this section upon any privately owned land without the consent of the owner or person in lawful possession of such land. 1504. (a) When income is derived directly from real property acquired and operated by the state as wildlife management areas, and regardless of whether income is derived from property acquired after October 1, 1949, the department shall pay annually to the county in which the property is located an amount equal to the county taxes levied upon the property at the time title to the property was transferred to the state. The department shall also pay the assessments levied upon the property by any irrigation, drainage, or reclamation district. (b) Any delinquent penalties or interest applicable to any such assessments made prior to September 9, 1953, are hereby canceled and shall be waived. (c) Payments provided by this section shall be from funds available to the department. (d) As used in this section, the term "wildlife management area" includes waterfowl management areas, deer ranges, upland game bird management areas, and public shooting grounds. (e) Payments under this section shall be made on or before December 10 of each year, excepting newly acquired property for which payments shall be made pursuant to subdivision (f). (f) Payments for the purposes of this section shall be made within one year of the date title to the property was transferred to the state, or within 90 days from the date of designation as a wildlife management area, whichever occurs first, prorated for the balance of the year from the date of designation as a wildlife management area to the 30th day of June following the date of designation as a wildlife management area, and, thereafter, payments shall be made on or before December 10 of each year. 1505. In addition to any other powers vested in the department, it may manage, control and protect such portions of the following spawning areas which occupy state-owned lands to the extent necessary to protect fishlife in these areas. In the event of any conflict under this section with the action of another department or agency of the state or any other public agency, the action of the Department of Fish and Game taken pursuant to this section shall prevail except for: (a) action of the state or regional water quality control boards in establishing waste discharge requirements, (b) action as required for commerce and navigation, (c) action by public agencies reasonably necessary for bridge crossings, water conservation or utilization, or flood protection projects, including the construction, maintenance, and operation thereof. The exceptions in subdivision (c) shall not extend to the depositing of materials, other than necessary structural materials, in, or the removing of materials from the streambeds in the areas designated in this section, other than as necessary for the installation of structures. These areas are: The Sacramento River between Keswick and Squaw Hill Bridge, near Vina. The Feather River between Oroville and the mouth of Honcut Creek. The Yuba River between Englebright Dam and a point approximately four miles east of Marysville. The American River between Nimbus Dam and a point one mile downstream from Arden Way. The Mokelumne River between Pardee Dam and Lockeford. The Stanislaus River between Goodwin Dam and Riverbank. The Tuolumne River between La Grange Dam and the Geer Road (J14) Bridge. The Merced River between Crocker Huffman Dam and Cressey. The Trinity River between Lewiston Dam and the confluence of the North Fork Trinity, near Helena. The Eel River, from Fort Seward to Lake Pillsbury. The South Fork Eel River. The Middle Fork Smith River, from its mouth to Knopti Creek. The South Fork Smith River, from its mouth to Harrington Creek. The Salmon River, from its mouth to Rush Creek on the South Fork Salmon River, to Carter Meadow on the east fork of the South Fork Salmon River, and to Finley Camp on the North Fork Salmon River. Battle Creek, from its mouth to Coleman Powerhouse. The Cosumnes River, from Meiss Road Bridge to Latrobe Road Bridge. The Van Duzen River, from Yager Creek to the falls 11/2 miles above Bloody Run Creek. The Mad River, from Blue Lake Bridge to Bug Creek. The Middle Fork Eel River. The Mattole River. The Noyo River. The Big River, Mendocino County. The Gualala River. The Garcia River, Mendocino County. Until ownership of any land in these areas has been legally determined, the director shall disapprove any stream alterations of any prime salmon and steelhead spawning areas when in his opinion such alterations would prove deleterious to fishlife. 1506. (a) The fisheries management program described in the Kings River Fisheries Management Program Framework Agreement, effective May 28, 1999, as approved by the department, is adopted and authorized. The department may contribute, from the Fish and Game Preservation Fund, or otherwise upon appropriation by the Legislature, up to 50 percent of any capital costs incurred by local agencies for the recreation and fish and wildlife enhancement features of the program. (b) This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2011, deletes or extends that date. 1507. (a) (1) It is the intent of the Legislature to control mosquito production on managed wetland habitat that is owned or managed by the department, in a manner that does all of the following: (A) Maintains or enhances the waterfowl and other wildlife values of that habitat. (B) Minimizes financial costs to the department and local mosquito abatement districts. (C) Reduces the need for chemical treatment or other nonecological control of mosquitos. (D) Increases coordination and communication between the department, local mosquito abatement districts, and the State Department of Health Services. (E) Maintains and protects humans, domestic animals, and wildlife from vector-borne diseases such as West Nile virus. (2) The Legislature further finds and declares that the implementation of mosquito prevention best management practices on managed wetland habitat is critical to the department's effort to reduce mosquito production on its wildlife management areas. (b) For the purposes of this section, the following definitions apply: (1) "Managed wetland habitat" means artificially irrigated and intensively managed wetland habitat administered primarily for the benefit of waterfowl and other wetland-dependent species. (2) "Best management practices" means management strategies jointly developed by the department, the State Department of Health Services, and mosquito abatement districts, in consultation with the Central Valley Habitat Joint Venture, for the ecological control of mosquitoes on managed wetland habitat. (3) "Wildlife management area" has the same meaning as set forth in subdivision (d) of Section 1504. (4) "Mosquito abatement district" has the same meaning as set forth in subdivision (f) of Section 2002 of the Health and Safety Code. (c) (1) A mosquito abatement district whose district boundaries include one or more wildlife management areas shall periodically, or at least semiannually, notify the department of those areas that exceed locally established mosquito population thresholds and associated mosquito control costs. The district shall provide the basis for the established thresholds to the department. Those thresholds and costs may be reviewed by the State Department of Health Services for conformity to generally acceptable mosquito control standards. (2) In order to reduce mosquito production at those wildlife management areas described in paragraph (1), the department shall do all of the following: (A) Identify best management practices for each applicable wildlife management area that, when implemented, would result in the mosquito population being reduced below the locally established threshold value while maintaining and enhancing the waterfowl and other wildlife values of that habitat. (B) In consultation with the local mosquito abatement district, develop and implement a mosquito control plan that applies the best management practices and any other necessary management practices at each applicable wildlife management area. (C) If capital improvements or other infrastructure are required to implement selected best management practices at a wildlife management area, the department shall work to secure any necessary funding through the board or other appropriate sources. (D) In coordination with the local mosquito abatement district, develop each spring an annual work plan for each wildlife management area that specifies the intended management activities for each unit of the wildlife management area and that, to the extent practicable, employs best management practices. (E) Implement the best management practices referenced in the annual work plan to the greatest extent possible, recognizing that unanticipated modifications to those plans are often necessary due to the uncertainty of water availability, water conveyance problems associated with beaver, muskrat and other animal activity, ditch, levee or pump failures, equipment breakdowns, rainfall or runoff-induced natural flooding, and other factors beyond the control of the department's wetland managers, all of which may require periodic alteration of wetland management plans. (F) Meet with the local mosquito abatement district each summer to coordinate fall flooding of managed wetland habitat at each applicable wildlife management area and, if chemical treatment or other nonecological control is necessary, conduct post-fall flooding meetings to discuss the refinement of best management practices. (G) If the wetland occupies land outside the jurisdictional boundaries of a mosquito abatement district, the department may consult with the State Department of Health Services to determine which best management practices can be implemented in the absence of an organized local mosquito control program. (d) A mosquito abatement district whose boundaries include a wildlife management area described in paragraph (1) of subdivision (c) shall do all of the following: (1) In consultation with the department, develop standardized monitoring procedures for mosquito surveillance for each managed wetland habitat at each wildlife management area, and, when the monitoring procedures are completed, provide a copy of the procedures to the department. These procedures may be reviewed by the State Department of Health Services for conformity to generally accepted mosquito control standards. (2) Conduct posttreatment monitoring of wildlife management area lands and develop performance criteria to document mosquito control effectiveness. (3) Provide an annual report to the department specifying the types and quantities of pesticides used, types of habitat sprayed, and the total number of acres treated in a wildlife management area. The annual report shall also include recommendations for the refinement of best management practices to reduce the need for any chemical treatment or other nonecological control. (e) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date.
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