SECTIONS 3700-3705

3700.  (a) It is unlawful for any person, except a person licensedpursuant to paragraph (2) of subdivision (a) of Section 3031, to takeany migratory game bird, except jacksnipe, coots, gallinules,western mourning doves, white-winged doves, and band-tailed pigeons,without first procuring either an open edition or a Governor'sedition state duck stamp, as provided in subdivisions (b) and (c),and having the state duck stamp in his or her possession while takingthose birds. (b) State duck stamps, open edition, shall be sold for a fee often dollars ($10) by the department and by license agents, who areauthorized by the department pursuant to Section 1055, in the samemanner as hunting licenses. (c) State duck stamps, Governor's edition, may be printed and soldon a bid basis, beginning at a minimum bid, as determined by thedepartment or its representative. (d) The commission shall determine the form of the state duckstamp. (e) The department may prepare and sell artwork, posters, andother promotional materials related to the sale of duck stamps orwaterfowl hunting and conservation. (f) This section does not apply to licenses, permits,reservations, tags, or other entitlements issued through theAutomated License Data System.3700.1.  (a) It is unlawful for any person, except a person licensedpursuant to paragraph (2) of subdivision (a) of Section 3031, totake any migratory game bird, except jacksnipe, coots, gallinules,western mourning doves, white-winged doves, and band-tailed pigeons,without first procuring a state duck hunting validation as providedin subdivision (b), and having that validation in his or herpossession while taking those birds. (b) State duck hunting validations shall be sold for a fee of tendollars ($10) by the department and by license agents, who areauthorized by the department pursuant to Section 1055.1, in the samemanner as hunting licenses. (c) This section applies only to licenses, permits, reservations,tags, and other entitlements issued through the Automated LicenseData System.3700.2.  (a) Upon full implementation of the Automated License DataSystem, the department shall continue to prepare, or have prepared,state duck stamps depicting migratory waterfowl. (b) Any person who obtains a duck hunting validation pursuant toSection 3700.1 is entitled, upon request, to receive a state duckstamp, open edition, at no additional charge. (c) Any person may purchase a state duck stamp, open edition, fora fee of ten dollars ($10). (d) State duck stamps, Governor's edition, may be printed and soldon a bid basis, beginning at a minimum bid, as determined by thedepartment or its representative. (e) The commission shall determine the form of the state duckstamp. (f) Possession of a state duck stamp obtained pursuant to thissection does not entitle the holder to take any migratory bird, asdefined in Section 3700.1. (g) The department may prepare and sell artwork, posters, andother promotional materials related to the sale of duck stamps orwaterfowl hunting and conservation.3701.  All funds derived from the sale of state duck huntingvalidations and state duck stamps, and related items authorized bysubdivision (e) of Section 3700 or subdivision (g) of Section 3700.2,shall be deposited in the State Duck Stamp Account in the Fish andGame Preservation Fund to permit separate accountability for thereceipt and expenditure of these funds. An amount not to exceed 6percent of the amount annually deposited in the account may be usedfor administrative overhead related to the use of those funds and forimplementation of the federal Migratory Bird Harvest Program.3702.  Funds deposited in the State Duck Stamp Account shall be usedfor projects or endowments approved by the commission for thepurpose of protecting, preserving, restoring, enhancing, anddeveloping migratory waterfowl breeding and wintering habitat,evaluating habitat projects, and conducting waterfowl resourceassessments and other waterfowl related research. These funds may beused to reimburse nonprofit organizations for completed habitatprojects. Subject to Section 3704, the department may make grants orenter into contracts with nonprofit organizations for the use ofthese funds when it finds that the contracts are necessary forcarrying out the purposes of this article.3702.5.  The department may permit individual artists to sell alimited number of prints of duck stamp related artwork or posters. This section shall become operative on July 1, 1993.3703.  Before the commission may consider any project which proposesthe use of funds from the State Duck Stamp Account, the departmentshall analyze such project and provide the commission withrecommendations as to the project's feasibility and need.3704.  Two dollars and twenty-five cents ($2.25) of the amountcollected by the department for each state duck stamp sold shall beallocated by the commission for the purposes of the North AmericanWaterfowl Management Plan in those areas of Canada from which comesubstantial numbers of waterfowl migrating to, or through,California. These funds shall be matched with federal or privatefunds available for that purpose. The available balance of the fundsshall be used for any project authorized pursuant to Section 3702 inCalifornia. However, any lands acquired in California with thosefunds shall be open to waterfowl hunting as a public shooting groundor wildlife management area. This section shall become operative on July 1, 1993.3704.5.  Waterfowl projects authorized pursuant to Sections 3702 and3460 are not subject to Part 2 (commencing with Section 10100) ofDivision 2 of the Public Contract Code or Article 6 (commencing withSection 999) of Chapter 6 of Division 4 of the Military and VeteransCode. With the approval of the entity in control of property affectedby a project, the department may make grants to, or enter intocontracts with, nonprofit organizations for the accomplishment ofthose projects, or the department may reimburse the controllingentity for its costs of accomplishing the project. This section shall become operative on July 1, 1993.3705.  Before allocating funds to any project to be undertakenoutside the state, or outside the United States, the commission shallsecure evidence that the project is acceptable to the governmentagency having jurisdiction over the lands and waters affected by suchproject.