10500-10514

FISH AND GAME CODE
SECTION 10500-10514




10500.  Except under a permit or specific authorization, it is
unlawful to do any of the following:
   (a) To take or possess any bird or mammal, or part thereof, in any
game refuge.
   (b) To use or have in possession in a game refuge, any firearm, BB
device as defined in subdivision (g) of Section 12001 of the Penal
Code, crossbow, bow and arrow, or any trap or other contrivance
designed to be, or capable of being, used to take birds or mammals,
or to discharge any firearm or BB device or to release any arrow or
crossbow bolt into any game refuge.
   (c) To take or possess any species of fish or amphibian, or part
thereof, in any fish refuge, or to use or have in possession in that
refuge any contrivance designed to be used for catching fish.
   (d) To take or possess any bird in, or to discharge any firearm or
BB device, or to release any arrow or crossbow bolt within or into,
any waterfowl refuge.
   (e) To take or possess any quail in a quail refuge.
   (f) To take or possess any invertebrate or specimen of marine
plant life in a marine life refuge.
   (g) To take or possess any clam in a clam refuge or to possess in
such a refuge any instrument or apparatus capable of being used to
dig clams.



10500.  Except under a permit or specific authorization, it is
unlawful to do any of the following:
   (a) To take or possess any bird or mammal, or part thereof, in any
game refuge.
   (b) To use or have in possession in a game refuge, any firearm, BB
device as defined in Section 16250 of the Penal Code, crossbow, bow
and arrow, or any trap or other contrivance designed to be, or
capable of being, used to take birds or mammals, or to discharge any
firearm or BB device or to release any arrow or crossbow bolt into
any game refuge.
   (c) To take or possess any species of fish or amphibian, or part
thereof, in any fish refuge, or to use or have in possession in that
refuge any contrivance designed to be used for catching fish.
   (d) To take or possess any bird in, or to discharge any firearm or
BB device, or to release any arrow or crossbow bolt within or into,
any waterfowl refuge.
   (e) To take or possess any quail in a quail refuge.
   (f) To take or possess any invertebrate or specimen of marine
plant life in a marine life refuge.
   (g) To take or possess any clam in a clam refuge or to possess in
such a refuge any instrument or apparatus capable of being used to
dig clams.


10501.  Before the commission opens any game refuge for the taking
of deer, a public hearing shall be held at which at least one member
of the commission shall be in attendance and such officers and
employees of the department as are deemed necessary or are requested
by interested parties, notice of which has been published at least
once and at least 30 days prior to the hearing in a newspaper of
general circulation which is printed and published in the county, or
one of the counties, in which the area lies. If there is no newspaper
of general circulation in any such county, the notice shall be
published in such newspaper of general circulation as the commission
determines will be most likely to give notice to the inhabitants of
the area and such determination by the commission shall be final and
conclusive.



10501.5.  (a) It is unlawful to fly any aircraft, including any
airplane or helicopter, less than 3,000 feet above water or land over
the Sespe Condor Sanctuary, and less than 1,000 feet above water or
land over the A:o Nuevo State Reserve, the Farallon Islands Game
Refuge, the Point Lobos State Reserve, the California Sea Otter Game
Refuge, and Anacapa, San Miguel, Santa Barbara, and San Nicolas
Islands, except for rescue operations, in case of any emergency, or
for scientific or filmmaking purposes under a permit issued by the
department after a review of potential biological impacts.
   (b) This section does not apply to the landing of any aircraft,
including any airplane or helicopter, on Anacapa, San Miguel, Santa
Barbara, San Nicolas, and Farallon Islands for administrative or
operational purposes of the National Park Service, the United States
Navy, or the United States Coast Guard.



10502.  The commission may:
   (a) Exercise control over all mammals and birds in any game
refuge, and exercise control over all fish in any fish refuge.
   (b) Authorize the department to issue, under such restrictions as
it may deem best, permits which authorize the person named therein to
carry, use, and possess within any refuge, firearms, traps or other
contrivances for taking birds, mammals, fish, or amphibia.
   (c) Except as provided in Sections 10502.5, 10502.8, 10655, and
10657, authorize the department to issue permits which shall
authorize the person named therein to take birds, mammals, fish, and
amphibia within any refuge.
   (d) Make additional regulations not in conflict with any law for
the protection of birds, mammals, fish, amphibia, and marine life
within any refuge.


10502.5.  The director may appoint the Director of the Hopkins
Marine Life Refuge. The Director of the Hopkins Marine Life Refuge
may issue a permit to any person under which the person may enter the
Hopkins Marine Life Refuge for the purpose of taking fish or marine
plants under the conditions that the department determines necessary
for the protection and propagation of fish and wildlife and related
scientific purposes in that refuge.



10502.6.  (a) The director may appoint a Director of the Dana Point
Marine Life Refuge.
   (b) Except as otherwise provided in this section, no state funds,
including, but not limited to, the Fish and Game Preservation Fund,
shall be used to pay the compensation or expenses of the Director of
the Dana Point Marine Life Refuge. A city, county, or special
district may use any funds, including state funds appropriated to the
city, county, or special district, to pay the compensation and
expenses of the director and a public postsecondary educational
institution may use private or state funds to pay the compensation
and expenses of the director.
   (c) The Director of the Dana Point Marine Life Refuge may issue a
permit authorizing any person to enter the Dana Point Marine Life
Refuge for the purpose of taking fish or marine plants under the
conditions that the department determines to be necessary for the
protection and propagation of fish and wildlife and related
scientific purposes in that refuge.
   (d) The Director of the Dana Point Marine Life Refuge shall erect
and maintain signs identifying the boundaries of the Dana Point
Marine Life Refuge. The signs shall contain notification regarding
the permit requirements of the refuge. The signs shall specify that
an access permit shall be obtained from the Director of the Dana
Point Marine Life Refuge and a scientific collector's permit from the
department in order to take any fish or specimen of marine plant
life.


10502.7.  (a) The director may appoint the Director of the Bodega
Marine Life Refuge.
   (b) The Director of the Bodega Marine Life Refuge may authorize
any person to enter the Bodega Marine Life Refuge for the purpose of
taking fish, invertebrates, or marine plants for scientific study and
to take or possess fish, invertebrates, or marine plants for
scientific study.
   (c) The Director of the Bodega Marine Life Refuge may authorize
any person to anchor a vessel in the Bodega Marine Life Refuge for
the purpose of scientific study.



10502.8.  (a) The director may appoint the Director of the Catalina
Marine Science Center Marine Life Refuge.
   (b) The Director of the Catalina Marine Science Center Marine Life
Refuge may authorize any person to enter the Catalina Marine Science
Center Marine Life Refuge for the purpose of taking fish or marine
plants under the conditions that the department determines necessary
for the protection and propagation of fish and wildlife and related
scientific purposes in that refuge.
   (c) The Director of the Catalina Marine Science Center Marine Life
Refuge, upon recommendation of the Director of the Catalina Marine
Science Center, may authorize any person involved in oceanographic
and scientific research in and around Santa Catalina Island to anchor
or moor a vessel in the Catalina Marine Science Center Marine Life
Refuge.



10503.  For the purposes of propagating, feeding, and protecting
birds, mammals, fish, and amphibia the commission may do all of the
following:
   (a) Accept, on behalf of the state, donations of any interest in
lands within any refuge.
   (b) Accept, on behalf of the state, from any person owning and in
possession of patented lands, except lands that are covered and
uncovered by the ordinary daily tide of the Pacific Ocean, the right
to preserve and protect all birds, mammals, fish, and amphibia on the
patented lands.
   (c) Accept, on behalf of the state, donations of birds, mammals,
fish, and amphibia, and of money given or appropriated. Those
donations shall be used for the purposes for which they are accepted,
and, as nearly as may be, for any purpose indicated by the donor.
   (d) Acquire, by purchase, lease, rental, or otherwise, and occupy,
develop, maintain, use, and administer land, or land and nonmarine
water, or land and nonmarine water rights, suitable for state game
farms or game refuges.


10504.  Any property acquired for game refuges shall be acquired in
the name of the State, and shall, at all times, be subject to such
regulations as may be prescribed from time to time by the commission
for the occupation, use, operation, protection, and administration of
such property as game refuges.


10505.  The department shall do all things necessary to secure a
valid title in the State to the property acquired for game refuges,
but no payment shall be made therefor until the title is satisfactory
to the Attorney General and is vested in the State. The acquisition
of the property by the State is not prohibited by reason of rights of
way, easements, or reservations, which, from their nature, in the
opinion of the department, will in no manner interfere with the use
of the property for the purpose for which it is acquired.



10506.  Nothing in this code prohibits the possession of firearms,
BB devices as defined in subdivision (g) of Section 12001 of the
Penal Code, crossbows and bolts, or bows and arrows by persons when
traveling through any game refuges when the firearms are taken apart
or encased and unloaded and the bows are unstrung or stored
separately from any arrow or bolt. When the traveling is done on a
route other than a public highway or other public thoroughfare or
right of way, notice shall be given to the department at least 24
hours before that traveling. The notice shall give the name and
address of the person intending to travel through the refuge, the
name of the refuge, the approximate route, and the approximate time
when that person intends to travel through the refuge.



10506.  Nothing in this code prohibits the possession of firearms,
BB devices as defined in Section 16250 of the Penal Code, crossbows
and bolts, or bows and arrows by persons when traveling through any
game refuges when the firearms are taken apart or encased and
unloaded and the bows are unstrung or stored separately from any
arrow or bolt. When the traveling is done on a route other than a
public highway or other public thoroughfare or right of way, notice
shall be given to the department at least 24 hours before that
traveling. The notice shall give the name and address of the person
intending to travel through the refuge, the name of the refuge, the
approximate route, and the approximate time when that person intends
to travel through the refuge.



10507.  It is lawful for any person who has given the notice
provided for in Section 10506 to transport any bird or mammal, or
part thereof, through a game refuge, if lawfully taken outside the
refuge, and if the bird or mammal or part thereof is carried openly
and during the time between one hour before sunrise and one hour
after sunset.



10508.  The department and the district attorney, sheriff, and all
peace officers of the county in which any refuge or part thereof is
situated, shall enforce all of the provisions of this code relating
to such refuge, and institute and assist in prosecutions for
violations thereof.



10509.  Any refuge designated as a "fish and game refuge" shall be
considered, for the purposes of this division, as both a game refuge
and a fish refuge.


10510.  No specification of an open season in any area authorizes
the taking of any bird, mammal, fish or amphibia from any refuge
within that area from which the taking is elsewhere in this code
prohibited.


10511.  Except as they may conflict with refuge provisions, the
provisions of this code relating to a particular fish and game
district shall apply to each refuge lying wholly, or in major part,
within the boundaries of the district.


10512.  The department shall cause to be prepared suitable notices
to be posted under its direction on each state game refuge,
containing a warning to all persons to refrain for the period named
therein from violations of the provisions of this chapter relating to
state game refuges.



10513.  Nothing in this chapter shall be construed as prohibiting or
preventing any person from taking birds, mammals, fish, or amphibia
from or on navigable water in any state game refuge.



10514.  All state game refuges shall, for all purposes of protecting
birds, mammals, fish, or amphibia thereon, be under the control and
management of the department, and the officers and employees of the
department, all game wardens, and law enforcement officers may at all
times enter in and upon such refuges in the performance of their
duties.