Law:Division 0.5. General Provisions And Definitions (California)
From Law Delta
Chapter 1. General Definitions
Ca Codes (fgc:1-89.1) Fish And Game Code Section 1-89.1
1. This code shall be known as the Fish and Game Code.
2. 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.
3. 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.
4. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
5. 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.
6. 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.
7. Whenever any statement or report is required to be made, it shall be made in the English language.
8. The present tense includes the past and future tenses, and the future, the present.
9. The masculine gender includes the feminine and the neuter.
10. The singular number includes the plural, and the plural, the singular.
11. 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.
12. Wherever the term "Fish Commission Fund" or "Game Preservation Fund" appears in any law, it means "Fish and Game Preservation Fund."
13. 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.
14. "Anadromous fish" means fish which spawn in fresh water and spend a portion of their lives in the ocean.
15. "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.
16. "Affix" means physically attached to or imprinting an electronic validation to a license document.
17. "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.
18. "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.
19. "Possession limit" means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person.
22. "Bird" means any wild bird or any part thereof.
24. "Buy" includes an offer to buy, purchase, barter, exchange, or trade.
27. "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.
29. "Closed season" means that period of time during which the taking of birds, mammals, fish, or amphibia is prohibited.
30. "Commission" means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission.
32. "County" includes city and county.
35. "Day" means calendar day, and "week" means calendar week.
37. "Department" means the Department of Fish and Game.
39. "Director" means the Director of Fish and Game.
41. "District" means fish and game district.
45. "Fish" means wild fish, mollusks, crustaceans, invertebrates, or amphibians, including any part, spawn, or ova thereof.
46. "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.
48. "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.
51. "Kelp" means kelp or other marine aquatic plants and the seeds thereof.
54. "Mammal" means any wild or feral mammal or any part thereof, but not any wild, feral, or undomesticated burro.
54.5. "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.
55. "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.
56. "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.
57. "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.
60. "Oath" includes affirmation.
61. "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.
62. "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."
64. "Order," "rule," and "regulation" are used interchangeably and each includes the others.
67. "Person" means any natural person or any partnership, corporation, limited liability company, trust, or other type of association.
68. "Purchase" means "buy" as defined in Section 24.
70. "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.
73. "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.
75. "Sell" includes offer or possess for sale, barter, exchange, or trade.
79. "Shall" is mandatory and "may" is permissive.
81. "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.
82. "Slurp gun" means a self-contained, hand-held device used to capture fish by rapidly drawing water containing fish into a closed chamber.
83. "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.
86. "Take" means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.
88. "Transport" includes offer or receive for transportation.
89. 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.
89.1. "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.
Chapter 2. Marine Life Definitions
Ca Codes (fgc:90-99.5) Fish And Game Code Section 90-99.5
90. The definitions in this chapter govern the construction of Chapter 7 (commencing with Section 1700) of Division 2 and Division 6 (commencing with Section 5500) and all regulations adopted pursuant to those provisions.
90.1. "Adaptive management," in regard to a marine fishery, means a scientific policy that seeks to improve management of biological resources, particularly in areas of scientific uncertainty, by viewing program actions as tools for learning. Actions shall be designed so that even if they fail, they will provide useful information for future actions. Monitoring and evaluation shall be emphasized so that the interaction of different elements within the system can be better understood.
90.5. "Bycatch" means fish or other marine life that are taken in a fishery but which are not the target of the fishery. "Bycatch" includes discards.
90.7. "Depressed," with regard to a marine fishery, means the condition of a fishery for which the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates a declining population trend has occurred over a period of time appropriate to that fishery. With regard to fisheries for which management is based on maximum sustainable yield, or in which a natural mortality rate is available, "depressed" means the condition of a fishery that exhibits declining fish population abundance levels below those consistent with maximum sustainable yield.
91. "Discards" means fish that are taken in a fishery but are not retained because they are of an undesirable species, size, sex, or quality, or because they are required by law not to be retained.
93. "Essential fishery information," with regard to a marine fishery, means information about fish life history and habitat requirements; the status and trends of fish populations, fishing effort, and catch levels; fishery effects on fish age structure and on other marine living resources and users, and any other information related to the biology of a fish species or to taking in the fishery that is necessary to permit fisheries to be managed according to the requirements of this code.
94. "Fishery" means both of the following: (a) One or more populations of marine fish or marine plants that may be treated as a unit for purposes of conservation and management and that are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics. (b) Fishing for, harvesting, or catching the populations described in (a).
96. "Marine living resources" includes all wild mammals, birds, reptiles, fish, and plants that normally occur in or are associated with salt water, and the marine habitats upon which these animals and plants depend for their continued viability.
96.5. "Maximum sustainable yield" in a marine fishery means the highest average yield over time that does not result in a continuing reduction in stock abundance, taking into account fluctuations in abundance and environmental variability.
97. "Optimum yield," with regard to a marine fishery, means the amount of fish taken in a fishery that does all of the following: (a) Provides the greatest overall benefit to the people of California, particularly with respect to food production and recreational opportunities, and takes into account the protection of marine ecosystems. (b) Is the maximum sustainable yield of the fishery, as reduced by relevant economic, social, or ecological factors. (c) In the case of an overfished fishery, provides for rebuilding to a level consistent with producing maximum sustainable yield in the fishery.
97.5. "Overfished," with regard to a marine fishery, means both of the following: (a) A depressed fishery. (b) A reduction of take in the fishery is the principal means for rebuilding the population.
98. "Overfishing" means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis.
98.2. "Participants" in regard to a fishery means the sportfishing, commercial fishing, and fish receiving and processing sectors of the fishery.
98.5. "Population" or "stock" means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit.
99. "Restricted access," with regard to a marine fishery, means a fishery in which the number of persons who may participate, or the number of vessels that may be used in taking a specified species of fish, or the catch allocated to each fishery participant, is limited by statute or regulation.
99.5. "Sustainable," "sustainable use," and "sustainability," with regard to a marine fishery, mean both of the following: (a) Continuous replacement of resources, taking into account fluctuations in abundance and environmental variability. (b) Securing the fullest possible range of present and long-term economic, social, and ecological benefits, maintaining biological diversity, and, in the case of fishery management based on maximum sustainable yield, taking in a fishery that does not exceed optimum yield.