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West's Annotated California Codes. Fish and Game Code. Division 0.5. General Provisions and Definitions. Chapter 1. General Definitions

Statute Details
Printable Version
Citation: CA FISH & G § 1 - 89.1

Citation: West's Ann.Cal.Fish & G.Code § 1 - 89.1


Last Checked by Web Center Staff: 02/2011

Summary:   This chapter includes the general definitions for the Fish and Game Code.


Statute in Full:

§ 1. Short title

§ 2. Construction of code

§ 3. Continuation of existing statutes; vested rights

§ 4. Effect of headings

§ 5. Reference to laws includes amendments

§ 6. Authority of deputies

§ 7. Reports to be in English

§ 8. Construction of tense used

§ 9. Masculine gender inclusive

§ 10. Singular or plural number

§ 11. Specification of time for action

§ 12. Fish and game preservation fund

§ 13. Service of notice by first-class mail 

§ 14. Anadromous fish defined

§ 15. Angling defined

§ 16. Affix defined

§ 17. Aquaculture defined

§ 18. Bag limit defined

§ 19. Possession limit defined

§ 22. Bird defined

§ 24. Buy defined

§ 27. Chumming defined

§ 29. Closed season defined

§ 30. Commission and commissioner defined

§ 32. County defined

§ 35. Day defined

§ 37. Department defined

§ 39. Director defined

§ 41. District defined

§ 45. Fish defined

§ 46. Guide boat defined

§ 48. Types of hooks defined

§ 51. Kelp defined

§ 54. Mammal defined

§ 54.5. Marine finfish aquaculture defined

§ 55. Mile defined

§ 56. Net defined

§ 57. Nonresident defined

§ 60. Oath defined

§ 61. Ocean ranching defined

§ 62. Open season defined

§ 64. Order, rule and regulation

§ 67. Person defined

§ 68. Purchase defined

§ 70. Resident defined

§ 73. Section and subdivision defined

§ 75. Sell defined

§ 77. Repealed by Stats.1989, c. 318, § 2

§ 79. Shall and may

§ 81. Use of mark or signature

§ 82. Slurp gun defined

§ 83. State defined

§ 86. Take defined

§ 88. Transport defined

§ 89. Recycled water; reclaimed water

§ 89.1. Waters of the state; waters of this state; state waters

 

 

 

§ 1. Short title

This code shall be known as the Fish and Game Code.

CREDIT(S)

(Stats.1957, c. 456, p. 1308, § 1.)

 

§ 2. Construction of code

Unless the provisions or the context otherwise requires, the definitions in this chapter govern the construction of this code and all regulations adopted under this code.

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(Stats.1957, c. 456, p. 1308, § 2. Amended by Stats.1959, c. 994, p. 3016, § 1; Stats.1998, c. 1052 (A.B.1241), § 3.)

 

§ 3. Continuation of existing statutes; vested rights

The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments. This code shall not impair any privilege granted or right acquired under any of the laws of this State prior to the date it takes effect.

CREDIT(S)

(Stats.1957, c. 456, p. 1308, § 3.)

 

§ 4. Effect of headings

Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.

CREDIT(S)

(Stats.1957, c. 456, p. 1308, § 4.)

 

§ 5. Reference to laws includes amendments

Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and additions heretofore or hereafter made.

CREDIT(S)

(Stats.1957, c. 456, p. 1308, § 5.)

 

§ 6. Authority of deputies

Whenever a power is granted to, or duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise.

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(Stats.1957, c. 456, p. 1308, § 6.)

 

§ 7. Reports to be in English

Whenever any statement or report is required to be made, it shall be made in the English language.

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(Stats.1957, c. 456, p. 1308, § 7.)

 

§ 8. Construction of tense used

The present tense includes the past and future tenses, and the future, the present.

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(Stats.1957, c. 456, p. 1308, § 8.)

 

§ 9. Masculine gender inclusive

The masculine gender includes the feminine and the neuter.

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(Stats.1957, c. 456, p. 1308, § 9.)

 

§ 10. Singular or plural number

The singular number includes the plural, and the plural, the singular.

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(Stats.1957, c. 456, p. 1308, § 10.)

 

§ 11. Specification of time for action

Whenever in this code the doing of an act between certain dates or from one date to another is allowed or prohibited, the period of time thereby indicated includes both dates specified. The first date specified designates the first day of the period, and the second day specified designates the last day of the period. No period of time specified in this code exceeds one year unless otherwise expressly provided.

CREDIT(S)

(Stats.1957, c. 456, p. 1308, § 11.)

 

§ 12. Fish and game preservation fund

Wherever the term “Fish Commission Fund” or “Game Preservation Fund” appears in any law, it means “Fish and Game Preservation Fund.”

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 12.)

 

§ 13. Service of notice by first-class mail 

Unless otherwise specified by statute, any notice or other written communication required to be sent to any person by this code or regulations adopted pursuant thereto, is sufficient notice if sent by first-class mail to the last address furnished to the department by that person.

CREDIT(S)

(Added by Stats.1979, c. 618, p. 1921, § 1. Amended by Stats.1994, c. 935 (S.B.492), § 1.)

 

§ 14. Anadromous fish defined

“Anadromous fish” means fish which spawn in fresh water and spend a portion of their lives in the ocean.

CREDIT(S)

(Added by Stats.1982, c. 1486, § 1.5.)

 

§ 15. Angling defined

“Angling” means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 15. Amended by Stats.1989, c. 318, § 1.)

 

§ 16. Affix defined

“Affix” means physically attached to or imprinting an electronic validation to a license document.

CREDIT(S)

(Added by Stats.2001, c. 112 (A.B.435), § 1.)

 

§ 17. Aquaculture defined

“Aquaculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. “Aquaculture” does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes, however, these species continue to be regulated under Chapter 2 (commencing with Section 2116) of Division 3.

CREDIT(S

(Added by Stats.1982, c. 1486, § 2. Amended by Stats.1983, c. 131, § 1, eff. June 27, 1983.)

 

§ 18. Bag limit defined

“Bag limit” means the maximum limit, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may lawfully be taken by any one person during a specified period of time.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 18. Amended by Stats.2007, c. 285 (A.B.1729), § 1.)

 

§ 19. Possession limit defined

“Possession limit” means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person.

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(Added by Stats.2007, c. 285 (A.B.1729), § 2.)

 

§ 22. Bird defined

“Bird” means any wild bird or any part thereof.

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(Stats.1957, c. 456, p. 1309, § 22. Amended by Stats.1977, c. 1208, p. 4082, § 1.)

 

§ 24. Buy defined

“Buy” includes an offer to buy, purchase, barter, exchange, or trade.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 24. Amended by Stats.1985, c. 1403, § 1.)

 

§ 27. Chumming defined

“Chumming” means the placing in the water of fish, parts of fish, or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 27.)

 

§ 29. Closed season defined

“Closed season” means that period of time during which the taking of birds, mammals, fish, or amphibia is prohibited.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 29.)

 

§ 30. Commission and commissioner defined

“Commission” means the Fish and Game Commission, and “commissioner” means a member of the Fish and Game Commission.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 30.)

 

§ 32. County defined

“County” includes city and county.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 32.)

 

§ 35. Day defined

“Day” means calendar day, and “week” means calendar week.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 35.)

 

§ 37. Department defined

“Department” means the Department of Fish and Game.

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(Stats.1957, c. 456, p. 1309, § 37.)

 

§ 39. Director defined

“Director” means the Director of Fish and Game.

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(Stats.1957, c. 456, p. 1309, § 39. Amended by Stats.1984, c. 1323, § 1.)

 

§ 41. District defined

“District” means fish and game district.

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(Stats.1957, c. 456, p. 1309, § 41.)

 

§ 45. Fish defined

“Fish” means wild fish, mollusks, crustaceans, invertebrates, or amphibians, including any part, spawn, or ova thereof.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 45. Amended by Stats.1969, c. 689, p. 1357, § 1.)

 

§ 46. Guide boat defined

“Guide boat” means a boat or vessel under 25 feet in length, which is used by a guide, who is licensed under Chapter 5 (commencing with Section 2535) of Division 3, in inland waters for any of the following purposes:

(1) For the business of packing or guiding.

(2) For compensation, to assist another person in taking or attempting to take any fish or amphibian.

(3) For compensation, to assist another person in locating any bird or mammal.

CREDIT(S)

(Added by Stats.1987, c. 200, § 1, eff. July 23, 1987.)

 

§ 48. Types of hooks defined

“Hook” or “fishhook” means an implement to catch or hold fish or amphibia. “Single hook” means any hook with one point and with or without a barb; “double hook” means any hook with two points and with or without barbs; “treble or triple hook” means any hook with three points and with or without barbs. “Snag” or “gaff” hooks are hooks with or without handles used to take fish in such manner that the fish does not take the hook voluntarily in its mouth.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 48.)

 

§ 51. Kelp defined

“Kelp” means kelp or other marine aquatic plants and the seeds thereof.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 51.)

 

§ 54. Mammal defined

“Mammal” means any wild or feral mammal or any part thereof, but not any wild, feral, or undomesticated burro.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 54. Amended by Stats.1977, c. 1208, p. 4082, § 2.)

 

§ 54.5. Marine finfish aquaculture defined

“Marine finfish aquaculture” means the propagation, cultivation, or maintenance of finfish species in the waters of the Pacific Ocean that are regulated by this state.

CREDIT(S)

(Added by Stats.2006, c. 36 (S.B.201), § 2.)

 

§ 55. Mile defined

“Mile” means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. Statute miles shall be the unit of measurement for all land masses, rivers, streams, creeks, and inland bodies of water. Nautical miles shall be the unit of measurement for all marine waters.

CREDIT(S)

(Added by Stats.1992, c. 1370 (A.B.3193), § 1, eff. Oct. 27, 1992.)

 

§ 56. Net defined

“Net” means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish.

CREDIT(S)

(Stats.1957, c. 456, p. 1309, § 56.)

 

§ 57. Nonresident defined

“Nonresident” means any person who has not resided continuously in the State of California for six months immediately prior to the date of his application for a license or permit.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 57. Amended by Stats.1959, c. 270, p. 2170, § 1.)

 

§ 60. Oath defined

“Oath” includes affirmation.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 60.)

 

§ 61. Ocean ranching defined

“Ocean ranching” means aquaculture where juvenile anadromous fish are reared and released into state waters to grow and return to an aquaculture facility to be harvested commercially.

CREDIT(S)

(Added by Stats.1982, c. 1486, § 3.)

 

§ 62. Open season defined

“Open season” means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. If used to define the period of time during which take is allowed “season” means “open season.”

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 62. Amended by Stats.2007, c. 285 (A.B.1729), § 3.)

 

§ 64. Order, rule and regulation

“Order,” “rule,” and “regulation” are used interchangeably and each includes the others.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 64.)

 

§ 67. Person defined

“Person” means any natural person or any partnership, corporation, limited liability company, trust, or other type of association.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 67. Amended by Stats.1987, c. 633, § 1; Stats.1988, c. 1059, § 2; Stats.1994, c. 1010 (S.B.2053), § 121.)

 

§ 68. Purchase defined

“Purchase” means “buy” as defined in Section 24.

CREDIT(S)

(Added by Stats.1985, c. 1403, § 2.)

 

§ 70. Resident defined

“Resident” means any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 70. Amended by Stats.1957, c. 391, p. 1232, § 2; Stats.1959, c. 270, p. 2171, § 2; Stats.2001, c. 112 (A.B.435), § 2.)

 

§ 73. Section and subdivision defined

“Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 73.)

 

§ 75. Sell defined

“Sell” includes offer or possess for sale, barter, exchange, or trade.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 75.)

 

§ 77. Repealed by Stats.1989, c. 318, § 2

 

§ 79. Shall and may

“Shall” is mandatory and “may” is permissive.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 79.)

 

§ 81. Use of mark or signature

“Signature” or “subscription” includes mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses also sign their own names.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 81.)

 

§ 82. Slurp gun defined

“Slurp gun” means a self-contained, hand-held device used to capture fish by rapidly drawing water containing fish into a closed chamber.

CREDIT(S)

(Added by Stats.1992, c. 742 (A.B.2261), § 1.)

 

§ 83. State defined

“State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 83.)

 

§ 86. Take defined

“Take” means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 86.)

 

§ 88. Transport defined

“Transport” includes offer or receive for transportation.

CREDIT(S)

(Stats.1957, c. 456, p. 1310, § 88.)

 

§ 89. Recycled water; reclaimed water

For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code.

CREDIT(S)

(Added by Stats.1995, c. 28 (A.B.1247), § 1.)

 

§ 89.1. Waters of the state; waters of this state; state waters

“Waters of the state,” “waters of this state,” and “state waters” have the same meaning as “waters of the state” as defined in subdivision (e) of Section 13050 of the Water Code.

CREDIT(S)

(Added by Stats.2007, c. 285 (A.B.1729), § 4.)

 



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