1050. (a) All licenses, permits, tags reservations, and other
entitlements authorized by this code shall be prepared and issued by
the department.
(b) The commission shall determine the form of all licenses,
permits, tags, reservations, and other entitlements and the method of
carrying and displaying all licenses, and may require and prescribe
the form of applications therefor and the form of any contrivance to
be used in connection therewith.
(c) Whenever any provision of this code provides for a permit,
license, tag, reservation, application, or other entitlement, the
commission shall, in accordance with the provision, prescribe the
terms and conditions under which the permit, license, tag,
reservation, application, or other entitlement shall be issued and
the department shall issue the permit, license, tag, reservation,
application, or other entitlement in accordance therewith and with
the applicable provisions of law.
(d) Whenever this code does not specify whether a fee is to be
collected, or does not specify the amount of a fee to be collected
for the issuance of any license, tag, permit, application,
reservation, or other entitlement, the commission may establish a fee
or the amount thereof by regulation. The commission may also provide
for the change in the amount of the fee in accordance with Section
713. However, no fee may exceed the reasonable costs incurred by the
department in implementing and administering the program or activity
to which the license, tag, permit, application, reservation, or other
entitlement is related.
(e) Whenever this code provides for a license, tag, permit,
reservation, or other entitlement, the commission may establish a
nonrefundable application fee, not to exceed seven dollars and fifty
cents ($7.50) sufficient to pay the department's costs for issuing
the license, tag, permit, reservation, or other entitlement and may
adjust the application fee in accordance with Section 713.
1050.1. Any license, permit, tag, stamp, or other entitlement
authorized pursuant to this code is not valid until it is filled out
completely and accurately and the fee authorized or identified in
statute or regulation for that entitlement is received and paid to
the department or its agent. It is the responsibility of the user to
ensure that the license, permit, tag, stamp, or other entitlement is
filled out completely and accurately.
1050.3. Notwithstanding any other provision of this code, the
department may issue a temporary document that allows the holder of a
license, permit, license tag, license stamp, application,
reservation, or other entitlement purchased through the Internet to
enjoy the privileges of the entitlement for a period not to exceed 30
calendar days from the date of purchase.
1050.5. The department may accept a credit card charge as a method
of payment. Any contract executed by the department with credit card
issuers or draft purchasers shall be consistent with Section 6159 of
the Government Code. Notwithstanding Title 1.3 (commencing with
Section 1747) of Part 4 of Division 3 of the Civil Code, the
department may impose a surcharge in an amount to cover the cost of
providing the credit card service, including reimbursement for any
fee or discount charged by the credit card issuer.
1050.6. (a) Except as otherwise provided in this section, the names
and addresses contained in records submitted and retained by the
department for the purpose of obtaining recreational fishing and
hunting licenses are confidential and are not public records.
(b) Notwithstanding any other provision of law, the department may
release the confidential information described in subdivision (a)
under the following circumstances:
(1) To an agent or authorized family member of the person to whom
the information pertains.
(2) To an officer or employee of another governmental agency when
necessary for the performance of his or her official duties.
(3) In accordance with Section 391.
(4) Pursuant to a court order.
1050.8. (a) The department may issue collectible, commemorative
licenses to any person for purposes of promoting and supporting
licensed hunting, fishing, and resource conservation, subject to all
of the following:
(1) A commemorative license may be designed and produced as the
department may determine and shall be clearly marked and identified
as a commemorative license, rendering it invalid for the take of any
mammal, bird, fish, reptile, or amphibian.
(2) A commemorative license shall not confer any rights,
privileges, or other entitlements to any person purchasing or in
possession of such a license.
(3) Subdivision (a) of Section 1052, Section 1053, Article 2
(commencing with Section 3031) of Chapter 1 of Part 1 of Division 4,
and Article 3 (commencing with Section 7145) of Chapter 1 of Part 2
of Division 6 do not apply to the purchase of a commemorative
license. A commemorative license shall not qualify as evidence
required in subdivision (a) of Section 3050.
(b) All funds derived from the sale of commemorative licenses
shall be deposited in the Fish and Game Preservation Fund.
1051. Licenses of each class shall be uniquely numbered. Every
license shall contain its expiration date and the fee for which it is
issued. If no fee is either required by this code or established by
the commission pursuant to Section 1050, the license shall so
indicate.
1052. It is unlawful for any person to do any of the following:
(a) Transfer any license, tag, stamp, permit, application, or
reservation.
(b) Use or possess any license, tag, stamp, permit, application,
or reservation that was not lawfully issued to the user or possessor
thereof or that was obtained by fraud, deceit, or the use of a fake
or counterfeit application form.
(c) Use or possess any fake or counterfeit license, tag, stamp,
permit, permit application form, band, or seal, made or used for the
purpose of evading any of the provisions of this code, or regulations
adopted pursuant thereto.
(d) Predate, fail to date, or alter any date of any license, tag,
or permit.
(e) Postdate the date of application or the date of issuance of
the license, tag, or permit. This subdivision does not apply to the
date that a license, tag, or permit is valid.
(f) Alter, mutilate, deface, duplicate, or counterfeit any
license, tag, permit, permit application form, band, or seal, or
entries thereon, to evade the provisions of this code, or any
regulations adopted pursuant thereto.
1052.5. Any stamp issued pursuant to this article is not valid
unless affixed to the appropriate license document.
1053. (a) A person shall not obtain more than one license, permit,
reservation, or other entitlement of the same class, or more than the
number of tags authorized by statute or regulation for the same
license year, except under one of the following conditions:
(1) Nonresident hunting licenses issued pursuant to paragraphs (4)
and (5) of subdivision (a) of Section 3031, and short-term sport
fishing licenses issued pursuant to paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149, and paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149.05.
(2) The loss or destruction of an unexpired license, tag, permit,
reservation, or other entitlement, except a stamp or endorsement, as
certified by the applicant's signed affidavit and proof, as
determined by the department, that the original license, tag, permit,
reservation, or other entitlement was issued, and payment of a base
fee of five dollars ($5). The base fee shall be adjusted annually
pursuant to Section 713, not to exceed the fee for the original
entitlement, as follows:
(A) The adjustment shall apply to the hunting license years
commencing on or after July 1, 1996.
(B) The adjustment shall apply to the fishing license years
commencing on or after January 1, 1996.
(b) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
1053.1. (a) A person shall not obtain more than one license,
permit, reservation, or other entitlement of the same class, or more
than the number of tags authorized by statute or regulation for the
same license year, except under one of the following conditions:
(1) Nonresident hunting licenses issued pursuant to paragraphs (4)
and (5) of subdivision (a) of Section 3031, and short-term sport
fishing licenses issued pursuant to paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149, and paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149.05.
(2) The loss or destruction of an unexpired license, tag, permit,
reservation, or other entitlement, except a stamp or endorsement, as
certified by the applicant's signed affidavit and proof, as
determined by the department, that the original license, tag, permit,
reservation, or other entitlement was issued, and payment of a base
fee of five dollars ($5). The base fee shall be adjusted annually
pursuant to Section 713, not to exceed the fee for the original
entitlement, as follows:
(A) The adjustment shall apply to the hunting license years
commencing on or after July 1, 1996.
(B) The adjustment shall apply to the fishing license years
commencing on or after January 1, 1996.
(3) The loss or destruction of a stamp or endorsement imprinted on
a base license and payment of a base fee of three dollars ($3) for
each stamp or endorsement replaced on any base license document,
adjusted annually pursuant to Section 713, not to exceed the fee for
the original entitlement. The base fee in this paragraph shall apply
to the 2011 license year.
(b) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1053.5. Applicants for hunting licenses pursuant to subdivision (a)
of Section 1053 shall first satisfactorily complete a hunter
education equivalency examination and obtain a certificate of
equivalency as provided by regulations adopted by the commission, or
show proof of completion of a hunter education training course, or
show a previous year's hunting license.
1054. (a) It is unlawful to submit, or conspire to submit, any
false, inaccurate, or otherwise misleading information on any
application or other document offered or otherwise presented to the
department for any purpose, including, but not limited to, obtaining
a license, tag, permit, or other privilege or entitlement pursuant to
this code or regulations adopted thereto.
(b) The department may require the applicant for a license, tag,
permit, or other privilege or entitlement to show proof of the
statements or facts required for the issuance of any license, tag,
permit, or other privilege or entitlement.
(c) For purposes of this section, "department" includes any
department employee, license agent, or any person performing the
duties of a department employee or license agent.
1054.2. Every person while engaged in taking any bird, mammal,
fish, amphibian, or reptile shall have on his or her person or in his
or her immediate possession, or where otherwise specifically
required by law to be kept, any license, tag, stamp, or permit that
is required in order to take the bird, mammal, fish, amphibian, or
reptile. In the case of a person diving from a boat, the license or
permit may be kept on the boat, or in the case of a person diving
from shore, the license or permit may be kept within 500 yards of the
shore.
1054.5. The department may issue and shall collect payment for any
entitlement, document, or authorization for which a fee is authorized
pursuant to this code.
1054.8. (a) The department shall establish, and keep current,
written policies and procedures relating to the application process
and the award of hunting tags for fundraising purposes, as authorized
pursuant to subdivision (c) of Section 331, subdivision (d) of
Section 332, Section 4334, or subdivision (d) of Section 4902.
(b) The policies and procedures shall include, but need not be
limited to, all of the following:
(1) The application process and criteria.
(2) A standard application format.
(3) An appeal process.
(4) A requirement that all applications shall remain sealed until
on or after a filing date specified by the department.
(c) The department shall make the policies and procedures
available to interested parties 30 days before their implementation
and shall receive and consider any related recommendations.
(d) The department shall not require a minimum tag sale price,
except as otherwise provided in this code.
(e) It is the intent of the Legislature that the department
develop policies and procedures that seek to maximize both the
revenues received by the department and participation by qualified
nonprofit organizations making application to sell the tags as
sellers of the tags.
1055. (a) Any person, except a commissioner, officer, or employee
of the department, may submit an application to the department, to be
a license agent to issue licenses, permits, reservations, tags, and
other entitlements.
(b) A person shall only be authorized to be a license agent to
issue licenses, permits, reservations, tags, and other entitlements,
upon the written approval of the department.
(c) The department may consign licenses, permits, reservations,
tags, and other entitlements to authorized license agents.
(d) The department may provide licenses, permits, reservations,
tags, or other entitlements to authorized license agents and shall
collect prior to delivery an amount equal to the fees for all
licenses, permits, reservations, tags, and other entitlements that
are provided. Any license agent who pays the fees prior to delivery
for licenses, permits, reservations, tags, or other entitlements is
exempt from subdivisions (a) and (d) of Section 1055.5 and Sections
1056, 1057, and 1059. Any licenses, permits, reservations, tags, or
other entitlements provided pursuant to this subdivision that remain
unissued at the end of the license year may be returned to the
department for refund or credit, or a combination thereof within six
months of the item expiration date. No credit may be allowed after
six months following the last day of the license year.
(e) Licenses, permits, reservations, tags, and other entitlements
may only be provided to authorized license agents that are in
compliance with all laws, regulations, and policies governing the
sale and reporting of licenses, permits, reservations, tags, and
other entitlements.
(f) Authorized license agents shall add a handling charge to the
fees prescribed in this code or in regulations adopted pursuant to
this code for licenses, permits, reservations, tags, and other
entitlements issued by the license agent in an amount that is 5
percent of the face value of the item rounded to the nearest five
cents ($0.05).
(g) The handling charge added pursuant to subdivision (f) shall be
incorporated into the total amount collected for issuing any
license, permit, reservation, tag, and other entitlement, but the
handling charge may not be included when determining license fees in
accordance with Section 713. License agents may issue any license,
permit, reservation, tag, and other entitlement for any amount up to
10 percent less than the fee prescribed in this code or in
regulations adopted pursuant to this code. The license agent shall
remit to the department the full amount of the fees as prescribed in
this code or in regulations adopted pursuant to this code for all
licenses, permits, reservations, tags, and other entitlements issued.
(h) The handling charge in subdivision (f) is the license agent's
only compensation for services. The license agent shall not be
entitled to any other additional fee or charge for issuing licenses,
permits, reservations, tags, and other entitlements authorized
pursuant to this section.
(i) The department may designate a nonprofit organization,
organized pursuant to the laws of this state, or the California
chapter of a nonprofit organization, organized pursuant to the laws
of another state, as a license agent for the sale of lifetime
licenses issued pursuant to Sections 714, 3031.2, and 7149.2. These
licenses may be sold by auction or by other methods and are not
subject to the fee limitations prescribed in this code. An agent
authorized to issue lifetime sport fishing licenses, lifetime hunting
licenses, and lifetime sportsman's licenses under this subdivision
is exempt from subdivisions (f) and (h). The license agent shall
remit to the department the fees from the sale of lifetime licenses,
as defined in Sections 714, 3031.2, and 7149.2.
(j) At any single business location, a license agent shall issue
all items from a single book before commencing to issue licenses,
permits, reservations, tags, or other entitlements of the same series
from another book.
(k) License agents that receive licenses, permits, reservations,
tags, and other entitlements pursuant to subdivision (c) shall return
all unissued and expired licenses, permits, reservations, tags, and
other entitlements to the department within 20 days following the
last day of the license year. Any unissued and expired license,
permit, reservation, tag, or other entitlement that is not returned
within 60 days following the last day of the license year shall be
billed to the license agent. Licenses, permits, reservations, tags,
and other entitlements may be returned for credit after the 60 days;
however, the license agent shall pay interest and penalties on any
sold licenses, permits, reservations, tags, and other entitlements as
prescribed in subdivision (b) of Section 1059. No credit may be
allowed after six months following the last day of the license year.
(l) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
1055.1. (a) Any person, except a commissioner, officer, or employee
of the department, may submit an application to the department to be
a license agent to issue licenses, permits, reservations, tags, or
other entitlements.
(b) A person shall only be authorized to be a license agent to
issue licenses, permits, reservations, tags, and other entitlements,
upon the written approval of the department.
(c) The department may provide licenses, permits, reservations,
tags, or other entitlements to authorized license agents and shall
collect, prior to delivery, an amount equal to the fees for all
licenses, permits, reservations, tags and other entitlements
provided. Any license agent who pays the fees prior to delivery for
licenses, permits, reservations, tags, or other entitlements is
exempt from subdivisions (a) and (e) of Section 1055.5 and Sections
1056, 1057, and 1059. Any licenses, permits, reservations, tags, or
other entitlements provided pursuant to this subdivision that remain
unissued at the end of the license year may be returned to the
department for refund or credit, or a combination thereof, within six
months of the item expiration date. No credit may be allowed after
six months following the last day of the license year.
(d) Authorized license agents shall add a handling charge to the
fees prescribed in this code or in regulations adopted pursuant to
this code for any license, permit, reservation, tag, and other
entitlement issued by the license agent in an amount that is 5
percent of the face value of the item rounded to the nearest five
cents ($0.05).
(e) The handling charge added pursuant to subdivision (d) shall be
incorporated into the total amount collected for issuing the
license, permit, reservation, tag, and other entitlement, but the
handling charge shall not be included when determining license fees
in accordance with Section 713. A license agent may issue any
license, permit, reservation, tag, or other entitlement for any
amount up to 10 percent less than the fee prescribed in this code or
in regulations adopted pursuant to this code. The license agent shall
remit to the department the full amount of the fees as prescribed in
this code or in regulations adopted pursuant to this code for all
licenses, permits, reservations, tags, and other entitlements issued.
(f) The handling charge required by subdivision (d) is the license
agent's only compensation for services. The license agent shall not
be entitled to any other additional fee or charge for issuing any
license, permit, reservation, tag, or other entitlement authorized
pursuant to this section.
(g) The department may designate a nonprofit organization,
organized pursuant to the laws of this state, or the California
chapter of a nonprofit organization, organized pursuant to the laws
of another state, as a license agent for the sale of lifetime
licenses issued pursuant to Sections 714, 3031.2, and 7149.2. These
licenses may be sold by auction or by other methods and are not
subject to the fee limitations prescribed in this code. An agent
authorized to issue lifetime sport fishing licenses, lifetime hunting
licenses, and lifetime sportsman's licenses under this subdivision
is exempt from subdivisions (d) and (f). The license agent shall
remit to the department the fees from the sale of lifetime licenses
as defined in Sections 714, 3031.2, and 7149.2.
(h) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1055.3. The department may authorize any person, except a
commissioner or an officer or employee of the department, to issue,
as an agent of the department, annual wildlife area passes and native
species stamps, and to sell promotional materials and nature study
aids pursuant to, and subject to the requirements of, this article.
Any agent thus authorized may add a handling charge pursuant to
subdivision (b) of Section 1055 to the fee prescribed in Article 3
(commencing with Section 1760) of Chapter 7.5 of Division 2 for each
annual wildlife area pass or native species stamp issued.
1055.4. Any person authorized pursuant to Section 1055 who submits
a check or money order for payment of licenses, permits,
reservations, tags, and other entitlements that is returned unpaid by
the bank or financial institution it was drawn upon shall be
required to pay a fee of thirty dollars ($30), plus any penalty and
interest charges, as defined in Section 1059.
1055.5. (a) Except as provided in subdivision (b) or (c), each
authorized license agent who receives licenses, permits,
reservations, tags, and other entitlements, pursuant to subdivision
(c) of Section 1055, shall remit to the department the fees
prescribed in this code or in regulations adopted pursuant to this
code for all licenses, permits, reservations, tags, and other
entitlements issued in each calendar month not later than 20 days
following the last day of that calendar month. The transmittal of the
fees to the department shall be accompanied with an accounting
report on forms provided by the department of all licenses, permits,
reservations, tags, and other entitlements issued during the
preceding month.
(b) A license agent is not required to remit the fees for a book
of licenses, permits, reservations, tags, or other entitlements in
any month if, on the last day of the preceding month, all items in
that single book provided for issuance at a single business location
are not issued or expired. If, however, all items in that book are
issued or expired, the license agent shall remit the fees for that
book and transmit the accounting report in accordance with the
requirements of this section.
(c) The license agent may retain not more than fifteen cents
($0.15) of the fee received for each Colorado River special use stamp
issued pursuant to Section 7180 as compensation for services. The
license agent shall remit to the department the fees prescribed by
Section 7180, less any amounts retained under this subdivision, for
all Colorado River special use stamps issued. The license agent shall
remit the net fees with an accounting report as prescribed in
subdivision (a).
(d) Except as provided in subdivision (c), any fee remittance and
accounting report not transmitted to the department within 30 days
following the last day of each calendar month is delinquent, and fees
due are subject to interest and penalties prescribed in subdivision
(b) of Section 1059. Interest and penalties shall be computed
beginning 21 days following the last day of the calendar month in
which the fees were collected.
(e) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
1055.6. (a) Except as provided in subdivision (b), each license
agent authorized pursuant to Section 1055.1 shall remit to the
department the fees prescribed in this code or in regulations adopted
pursuant to this code for all licenses, permits, reservations, tags,
and other entitlements by electronic means, such as electronic fund
transfer. In order to facilitate the prompt remittance of revenues,
the department is authorized to withdraw funds from the bank account
of the license agent, including adjustments, by electronic transfer.
License agents shall ensure that the total fees required for all
licenses, permits, reservations, tags, or other entitlements
necessary to perform the electronic transfer are available on the
date specified by the license agent contract.
(b) A license agent shall report to the department on or before
the end of the next business day of the department any losses of fees
received from the issuing of licenses, permits, reservations, tags,
or other entitlements.
(c) The license agent may retain not more than fifteen cents
($0.15) of the fee received for each Colorado River special use
validation issued pursuant to Section 7180.1 as compensation for
services. The license agent shall remit to the department the fees
prescribed by Section 7180.1, less any amounts retained under this
subdivision, for all Colorado River special use validations issued.
The license agent shall remit the net fees as prescribed in
subdivision (a).
(d) Except as provided in subdivision (b), any fees not
transmitted or made available to the department within seven days
following the due date as specified by the department are delinquent,
and delinquent fees are subject to interest and penalties prescribed
in subdivision (b) of Section 1059. Interest and penalties shall be
computed beginning one day following the due date as specified by the
department.
(e) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1056. (a) Authorized license agents who receive licenses, permits,
reservations, tags, and other entitlements pursuant to subdivision
(c) of Section 1055 may be required to execute, in favor of the
department, a bond, payable to the department, in a sum determined by
the department. The bond shall secure the accurate accounting and
payment to the department of the funds collected and the performance
of the duties imposed upon the license agent by this article.
(b) Any license agent who fails to transmit the fees or accounting
reports required by Section 1055.5 or 1055.6 not later than 60 days
following the due date as specified by the department may be required
to provide a bond pursuant to subdivision (a) in order to continue
as a license agent.
1057. All license, tag, permit, reservation, and other entitlement
money shall be accounted for separately from other funds of a license
agent, and shall at all times belong to the state.
1058. In case of an assignment for the benefit of creditors,
receivership, or bankruptcy, the state shall have a preferred claim
against the license assignee, receiver, or trustee for all moneys
owing the state for the issuing of licenses, permits, reservations,
tags, and other entitlements as provided in this code and shall not
be estopped from asserting that claim by reason of the commingling of
funds or otherwise.
1059. (a) The failure or refusal of any license agent to account
for licenses, permits, reservations, tags, and other entitlements, or
any fees received from their issuance as required by Section 1055.5
or 1055.6 or upon demand by an authorized representative of the
department is a misdemeanor.
(b) In addition to subdivision (a), any license agent who fails to
remit fees to the department on or before the date required by
Section 1055.5 or 1055.6 shall pay interest and penalties prescribed
for sales and use taxes and, except as otherwise provided in this
code, the department shall collect amounts owing under the procedures
prescribed for sales and use taxes provided in Chapter 5 (commencing
with Section 6451) and Chapter 6 (commencing with Section 6701) of
Part 1 of Division 2 of the Revenue and Taxation Code, insofar as
they may be applicable, and for those purposes, "board" means the
department.
1060. (a) The department may accept from any authorized license
agent an affidavit for settlement on its account in lieu of licenses,
permits, reservations, tags, and other entitlements that have been
lost or destroyed if the license agent meets the following criteria:
(1) Reports any losses of licenses, permits, reservations, tags,
or other entitlements to the department on or before the end of the
next business day of the department.
(2) Submits the following items to the department not more than 20
days following the last day of the calendar month in which the items
were lost or destroyed:
(A) An accounting report listing all licenses, permits,
reservations, tags, and other entitlements that were lost or
destroyed.
(B) A signed and notarized affidavit that shows the value and type
of the licenses, permits, reservations, tags, and other
entitlements, their serial numbers, and the causes of loss or
destruction.
(b) This section does not apply to licenses, permits,
reservations, tags, or other entitlements that are issued through the
Automated License Data System.
1061. (a) The department may allow a person to purchase a license
voucher as a gift for a licensee when the licensee's complete and
accurate personal information, as defined in regulation, is not
provided by the license buyer at the time of purchase.
(b) A license purchase voucher entitles the holder of the voucher
to redeem it for the specific license, permit, tag, or other
privilege or entitlement, and license year for which it was
purchased.
(c) A license purchase voucher shall expire and be considered void
if not redeemed within the license year for which it was purchased.
(d) A license purchase voucher may be issued and redeemed by any
person authorized by the department to issue licenses.
(e) The license agent handling fee, as provided under subdivision
(b) of Section 1055.1, shall only apply to the sale of the license
purchase voucher.
(f) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1068. (a) Beginning November 1, 1991, the director shall make a
grant in installments to a nonprofit organization of sea urchin
divers in an amount not to exceed four hundred thousand dollars
($400,000), for the organization to accomplish the following
purposes:
(1) To establish a communications network among sea urchin divers,
through a newsletter and such other means as are deemed necessary
and appropriate by the organization, providing divers with
information on policies, procedures, statutes, and regulations
affecting the sea urchin fishery, meeting announcements, and for
other information the department reasonably requests to be
transmitted to sea urchin divers.
(2) To establish an education program on the conservation and
utilization of sea urchins.
(3) To convene statewide conferences for members of the industry
to meet for purposes of strengthening the industry and benefiting
industry goals.
The grant shall be paid, upon submission and approval of an annual
budget, in quarterly installments, in amounts deemed appropriate by
the department, upon the submission to the department of progress
reports which demonstrate the continued achievements of the
organization toward the intended goals.
(b) Prior to making the grant, the director shall verify from the
nonprofit organization's bylaws that it is established for, among
other purposes, the protection, conservation, enhancement, and
promotion of the sea urchin fishery, and that its membership,
including its board of directors, is composed solely of licensed
commercial sea urchin divers.
(c) The grant shall be funded from revenues received pursuant to
former subdivision (b) of Section 8051.1, as that subdivision read on
December 31, 1995. If the department determines that the revenue
received from former subdivision (b) of Section 8051.1, as that
subdivision read on December 31, 1995, is not sufficient to fund the
amount of the grant, including departmental overhead charges which
shall be recovered from the revenues received pursuant to that former
subdivision (b) of Section 8051.1, the department shall reduce the
amount of the grant accordingly. The revenue received pursuant to
that former subdivision (b) of Section 8051.1 shall remain available
for funding of the grant program pursuant to this subdivision until
that revenue is fully encumbered, or the authorized amount of the
grant program is expended, whichever event is later.
(d) The revenue received pursuant to former subdivision (b) of
Section 8051.1 as it read on December 31, 1995, shall first be used
to reimburse the department for departmental overhead charges
incurred in administering the grant.
1069. The director may enter into an agreement with the Secretary
of Food and Agriculture for the collection of an assessment on behalf
of any marketing council or commission for fish or seafood organized
under the Food and Agricultural Code. The agreement may authorize
the department to collect the assessment in conjunction with the
collection of landing taxes on those species for which the marketing
council or commission is organized. The department shall remit the
amount of the assessment collected to the Secretary of Food and
Agriculture according to the agreement after making the collection.
Prior to remitting the assessments, the department may deduct an
administrative fee in an amount agreed to with the Secretary of Food
and Agriculture to pay the costs of collection and remission of the
assessments. The administrative fees shall be deposited in the Fish
and Game Preservation Fund.
1070. The department shall transmit monthly to the Department of
Finance, for review, a summary report of the fee remittances and
accounting reports received under Section 1055.5 and a delinquency
report containing the name and address of any person who failed or
refused to fully comply with Section 1055.5. The summary fee
remittance and accounting report and the delinquency report shall be
transmitted to the Department of Finance not later than 45 days
following the last day of the calendar month for which the fee
remittances and accounting reports were due under Section 1055.5.
1110. Section 1110 as added to this code by the initiative measure
adopted at the General Election of November 8, 1938, is set forth at
Section 7891 of this code.
1050. (a) All licenses, permits, tags reservations, and other
entitlements authorized by this code shall be prepared and issued by
the department.
(b) The commission shall determine the form of all licenses,
permits, tags, reservations, and other entitlements and the method of
carrying and displaying all licenses, and may require and prescribe
the form of applications therefor and the form of any contrivance to
be used in connection therewith.
(c) Whenever any provision of this code provides for a permit,
license, tag, reservation, application, or other entitlement, the
commission shall, in accordance with the provision, prescribe the
terms and conditions under which the permit, license, tag,
reservation, application, or other entitlement shall be issued and
the department shall issue the permit, license, tag, reservation,
application, or other entitlement in accordance therewith and with
the applicable provisions of law.
(d) Whenever this code does not specify whether a fee is to be
collected, or does not specify the amount of a fee to be collected
for the issuance of any license, tag, permit, application,
reservation, or other entitlement, the commission may establish a fee
or the amount thereof by regulation. The commission may also provide
for the change in the amount of the fee in accordance with Section
713. However, no fee may exceed the reasonable costs incurred by the
department in implementing and administering the program or activity
to which the license, tag, permit, application, reservation, or other
entitlement is related.
(e) Whenever this code provides for a license, tag, permit,
reservation, or other entitlement, the commission may establish a
nonrefundable application fee, not to exceed seven dollars and fifty
cents ($7.50) sufficient to pay the department's costs for issuing
the license, tag, permit, reservation, or other entitlement and may
adjust the application fee in accordance with Section 713.
1050.1. Any license, permit, tag, stamp, or other entitlement
authorized pursuant to this code is not valid until it is filled out
completely and accurately and the fee authorized or identified in
statute or regulation for that entitlement is received and paid to
the department or its agent. It is the responsibility of the user to
ensure that the license, permit, tag, stamp, or other entitlement is
filled out completely and accurately.
1050.3. Notwithstanding any other provision of this code, the
department may issue a temporary document that allows the holder of a
license, permit, license tag, license stamp, application,
reservation, or other entitlement purchased through the Internet to
enjoy the privileges of the entitlement for a period not to exceed 30
calendar days from the date of purchase.
1050.5. The department may accept a credit card charge as a method
of payment. Any contract executed by the department with credit card
issuers or draft purchasers shall be consistent with Section 6159 of
the Government Code. Notwithstanding Title 1.3 (commencing with
Section 1747) of Part 4 of Division 3 of the Civil Code, the
department may impose a surcharge in an amount to cover the cost of
providing the credit card service, including reimbursement for any
fee or discount charged by the credit card issuer.
1050.6. (a) Except as otherwise provided in this section, the names
and addresses contained in records submitted and retained by the
department for the purpose of obtaining recreational fishing and
hunting licenses are confidential and are not public records.
(b) Notwithstanding any other provision of law, the department may
release the confidential information described in subdivision (a)
under the following circumstances:
(1) To an agent or authorized family member of the person to whom
the information pertains.
(2) To an officer or employee of another governmental agency when
necessary for the performance of his or her official duties.
(3) In accordance with Section 391.
(4) Pursuant to a court order.
1050.8. (a) The department may issue collectible, commemorative
licenses to any person for purposes of promoting and supporting
licensed hunting, fishing, and resource conservation, subject to all
of the following:
(1) A commemorative license may be designed and produced as the
department may determine and shall be clearly marked and identified
as a commemorative license, rendering it invalid for the take of any
mammal, bird, fish, reptile, or amphibian.
(2) A commemorative license shall not confer any rights,
privileges, or other entitlements to any person purchasing or in
possession of such a license.
(3) Subdivision (a) of Section 1052, Section 1053, Article 2
(commencing with Section 3031) of Chapter 1 of Part 1 of Division 4,
and Article 3 (commencing with Section 7145) of Chapter 1 of Part 2
of Division 6 do not apply to the purchase of a commemorative
license. A commemorative license shall not qualify as evidence
required in subdivision (a) of Section 3050.
(b) All funds derived from the sale of commemorative licenses
shall be deposited in the Fish and Game Preservation Fund.
1051. Licenses of each class shall be uniquely numbered. Every
license shall contain its expiration date and the fee for which it is
issued. If no fee is either required by this code or established by
the commission pursuant to Section 1050, the license shall so
indicate.
1052. It is unlawful for any person to do any of the following:
(a) Transfer any license, tag, stamp, permit, application, or
reservation.
(b) Use or possess any license, tag, stamp, permit, application,
or reservation that was not lawfully issued to the user or possessor
thereof or that was obtained by fraud, deceit, or the use of a fake
or counterfeit application form.
(c) Use or possess any fake or counterfeit license, tag, stamp,
permit, permit application form, band, or seal, made or used for the
purpose of evading any of the provisions of this code, or regulations
adopted pursuant thereto.
(d) Predate, fail to date, or alter any date of any license, tag,
or permit.
(e) Postdate the date of application or the date of issuance of
the license, tag, or permit. This subdivision does not apply to the
date that a license, tag, or permit is valid.
(f) Alter, mutilate, deface, duplicate, or counterfeit any
license, tag, permit, permit application form, band, or seal, or
entries thereon, to evade the provisions of this code, or any
regulations adopted pursuant thereto.
1052.5. Any stamp issued pursuant to this article is not valid
unless affixed to the appropriate license document.
1053. (a) A person shall not obtain more than one license, permit,
reservation, or other entitlement of the same class, or more than the
number of tags authorized by statute or regulation for the same
license year, except under one of the following conditions:
(1) Nonresident hunting licenses issued pursuant to paragraphs (4)
and (5) of subdivision (a) of Section 3031, and short-term sport
fishing licenses issued pursuant to paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149, and paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149.05.
(2) The loss or destruction of an unexpired license, tag, permit,
reservation, or other entitlement, except a stamp or endorsement, as
certified by the applicant's signed affidavit and proof, as
determined by the department, that the original license, tag, permit,
reservation, or other entitlement was issued, and payment of a base
fee of five dollars ($5). The base fee shall be adjusted annually
pursuant to Section 713, not to exceed the fee for the original
entitlement, as follows:
(A) The adjustment shall apply to the hunting license years
commencing on or after July 1, 1996.
(B) The adjustment shall apply to the fishing license years
commencing on or after January 1, 1996.
(b) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
1053.1. (a) A person shall not obtain more than one license,
permit, reservation, or other entitlement of the same class, or more
than the number of tags authorized by statute or regulation for the
same license year, except under one of the following conditions:
(1) Nonresident hunting licenses issued pursuant to paragraphs (4)
and (5) of subdivision (a) of Section 3031, and short-term sport
fishing licenses issued pursuant to paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149, and paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149.05.
(2) The loss or destruction of an unexpired license, tag, permit,
reservation, or other entitlement, except a stamp or endorsement, as
certified by the applicant's signed affidavit and proof, as
determined by the department, that the original license, tag, permit,
reservation, or other entitlement was issued, and payment of a base
fee of five dollars ($5). The base fee shall be adjusted annually
pursuant to Section 713, not to exceed the fee for the original
entitlement, as follows:
(A) The adjustment shall apply to the hunting license years
commencing on or after July 1, 1996.
(B) The adjustment shall apply to the fishing license years
commencing on or after January 1, 1996.
(3) The loss or destruction of a stamp or endorsement imprinted on
a base license and payment of a base fee of three dollars ($3) for
each stamp or endorsement replaced on any base license document,
adjusted annually pursuant to Section 713, not to exceed the fee for
the original entitlement. The base fee in this paragraph shall apply
to the 2011 license year.
(b) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1053.5. Applicants for hunting licenses pursuant to subdivision (a)
of Section 1053 shall first satisfactorily complete a hunter
education equivalency examination and obtain a certificate of
equivalency as provided by regulations adopted by the commission, or
show proof of completion of a hunter education training course, or
show a previous year's hunting license.
1054. (a) It is unlawful to submit, or conspire to submit, any
false, inaccurate, or otherwise misleading information on any
application or other document offered or otherwise presented to the
department for any purpose, including, but not limited to, obtaining
a license, tag, permit, or other privilege or entitlement pursuant to
this code or regulations adopted thereto.
(b) The department may require the applicant for a license, tag,
permit, or other privilege or entitlement to show proof of the
statements or facts required for the issuance of any license, tag,
permit, or other privilege or entitlement.
(c) For purposes of this section, "department" includes any
department employee, license agent, or any person performing the
duties of a department employee or license agent.
1054.2. Every person while engaged in taking any bird, mammal,
fish, amphibian, or reptile shall have on his or her person or in his
or her immediate possession, or where otherwise specifically
required by law to be kept, any license, tag, stamp, or permit that
is required in order to take the bird, mammal, fish, amphibian, or
reptile. In the case of a person diving from a boat, the license or
permit may be kept on the boat, or in the case of a person diving
from shore, the license or permit may be kept within 500 yards of the
shore.
1054.5. The department may issue and shall collect payment for any
entitlement, document, or authorization for which a fee is authorized
pursuant to this code.
1054.8. (a) The department shall establish, and keep current,
written policies and procedures relating to the application process
and the award of hunting tags for fundraising purposes, as authorized
pursuant to subdivision (c) of Section 331, subdivision (d) of
Section 332, Section 4334, or subdivision (d) of Section 4902.
(b) The policies and procedures shall include, but need not be
limited to, all of the following:
(1) The application process and criteria.
(2) A standard application format.
(3) An appeal process.
(4) A requirement that all applications shall remain sealed until
on or after a filing date specified by the department.
(c) The department shall make the policies and procedures
available to interested parties 30 days before their implementation
and shall receive and consider any related recommendations.
(d) The department shall not require a minimum tag sale price,
except as otherwise provided in this code.
(e) It is the intent of the Legislature that the department
develop policies and procedures that seek to maximize both the
revenues received by the department and participation by qualified
nonprofit organizations making application to sell the tags as
sellers of the tags.
1055. (a) Any person, except a commissioner, officer, or employee
of the department, may submit an application to the department, to be
a license agent to issue licenses, permits, reservations, tags, and
other entitlements.
(b) A person shall only be authorized to be a license agent to
issue licenses, permits, reservations, tags, and other entitlements,
upon the written approval of the department.
(c) The department may consign licenses, permits, reservations,
tags, and other entitlements to authorized license agents.
(d) The department may provide licenses, permits, reservations,
tags, or other entitlements to authorized license agents and shall
collect prior to delivery an amount equal to the fees for all
licenses, permits, reservations, tags, and other entitlements that
are provided. Any license agent who pays the fees prior to delivery
for licenses, permits, reservations, tags, or other entitlements is
exempt from subdivisions (a) and (d) of Section 1055.5 and Sections
1056, 1057, and 1059. Any licenses, permits, reservations, tags, or
other entitlements provided pursuant to this subdivision that remain
unissued at the end of the license year may be returned to the
department for refund or credit, or a combination thereof within six
months of the item expiration date. No credit may be allowed after
six months following the last day of the license year.
(e) Licenses, permits, reservations, tags, and other entitlements
may only be provided to authorized license agents that are in
compliance with all laws, regulations, and policies governing the
sale and reporting of licenses, permits, reservations, tags, and
other entitlements.
(f) Authorized license agents shall add a handling charge to the
fees prescribed in this code or in regulations adopted pursuant to
this code for licenses, permits, reservations, tags, and other
entitlements issued by the license agent in an amount that is 5
percent of the face value of the item rounded to the nearest five
cents ($0.05).
(g) The handling charge added pursuant to subdivision (f) shall be
incorporated into the total amount collected for issuing any
license, permit, reservation, tag, and other entitlement, but the
handling charge may not be included when determining license fees in
accordance with Section 713. License agents may issue any license,
permit, reservation, tag, and other entitlement for any amount up to
10 percent less than the fee prescribed in this code or in
regulations adopted pursuant to this code. The license agent shall
remit to the department the full amount of the fees as prescribed in
this code or in regulations adopted pursuant to this code for all
licenses, permits, reservations, tags, and other entitlements issued.
(h) The handling charge in subdivision (f) is the license agent's
only compensation for services. The license agent shall not be
entitled to any other additional fee or charge for issuing licenses,
permits, reservations, tags, and other entitlements authorized
pursuant to this section.
(i) The department may designate a nonprofit organization,
organized pursuant to the laws of this state, or the California
chapter of a nonprofit organization, organized pursuant to the laws
of another state, as a license agent for the sale of lifetime
licenses issued pursuant to Sections 714, 3031.2, and 7149.2. These
licenses may be sold by auction or by other methods and are not
subject to the fee limitations prescribed in this code. An agent
authorized to issue lifetime sport fishing licenses, lifetime hunting
licenses, and lifetime sportsman's licenses under this subdivision
is exempt from subdivisions (f) and (h). The license agent shall
remit to the department the fees from the sale of lifetime licenses,
as defined in Sections 714, 3031.2, and 7149.2.
(j) At any single business location, a license agent shall issue
all items from a single book before commencing to issue licenses,
permits, reservations, tags, or other entitlements of the same series
from another book.
(k) License agents that receive licenses, permits, reservations,
tags, and other entitlements pursuant to subdivision (c) shall return
all unissued and expired licenses, permits, reservations, tags, and
other entitlements to the department within 20 days following the
last day of the license year. Any unissued and expired license,
permit, reservation, tag, or other entitlement that is not returned
within 60 days following the last day of the license year shall be
billed to the license agent. Licenses, permits, reservations, tags,
and other entitlements may be returned for credit after the 60 days;
however, the license agent shall pay interest and penalties on any
sold licenses, permits, reservations, tags, and other entitlements as
prescribed in subdivision (b) of Section 1059. No credit may be
allowed after six months following the last day of the license year.
(l) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
1055.1. (a) Any person, except a commissioner, officer, or employee
of the department, may submit an application to the department to be
a license agent to issue licenses, permits, reservations, tags, or
other entitlements.
(b) A person shall only be authorized to be a license agent to
issue licenses, permits, reservations, tags, and other entitlements,
upon the written approval of the department.
(c) The department may provide licenses, permits, reservations,
tags, or other entitlements to authorized license agents and shall
collect, prior to delivery, an amount equal to the fees for all
licenses, permits, reservations, tags and other entitlements
provided. Any license agent who pays the fees prior to delivery for
licenses, permits, reservations, tags, or other entitlements is
exempt from subdivisions (a) and (e) of Section 1055.5 and Sections
1056, 1057, and 1059. Any licenses, permits, reservations, tags, or
other entitlements provided pursuant to this subdivision that remain
unissued at the end of the license year may be returned to the
department for refund or credit, or a combination thereof, within six
months of the item expiration date. No credit may be allowed after
six months following the last day of the license year.
(d) Authorized license agents shall add a handling charge to the
fees prescribed in this code or in regulations adopted pursuant to
this code for any license, permit, reservation, tag, and other
entitlement issued by the license agent in an amount that is 5
percent of the face value of the item rounded to the nearest five
cents ($0.05).
(e) The handling charge added pursuant to subdivision (d) shall be
incorporated into the total amount collected for issuing the
license, permit, reservation, tag, and other entitlement, but the
handling charge shall not be included when determining license fees
in accordance with Section 713. A license agent may issue any
license, permit, reservation, tag, or other entitlement for any
amount up to 10 percent less than the fee prescribed in this code or
in regulations adopted pursuant to this code. The license agent shall
remit to the department the full amount of the fees as prescribed in
this code or in regulations adopted pursuant to this code for all
licenses, permits, reservations, tags, and other entitlements issued.
(f) The handling charge required by subdivision (d) is the license
agent's only compensation for services. The license agent shall not
be entitled to any other additional fee or charge for issuing any
license, permit, reservation, tag, or other entitlement authorized
pursuant to this section.
(g) The department may designate a nonprofit organization,
organized pursuant to the laws of this state, or the California
chapter of a nonprofit organization, organized pursuant to the laws
of another state, as a license agent for the sale of lifetime
licenses issued pursuant to Sections 714, 3031.2, and 7149.2. These
licenses may be sold by auction or by other methods and are not
subject to the fee limitations prescribed in this code. An agent
authorized to issue lifetime sport fishing licenses, lifetime hunting
licenses, and lifetime sportsman's licenses under this subdivision
is exempt from subdivisions (d) and (f). The license agent shall
remit to the department the fees from the sale of lifetime licenses
as defined in Sections 714, 3031.2, and 7149.2.
(h) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1055.3. The department may authorize any person, except a
commissioner or an officer or employee of the department, to issue,
as an agent of the department, annual wildlife area passes and native
species stamps, and to sell promotional materials and nature study
aids pursuant to, and subject to the requirements of, this article.
Any agent thus authorized may add a handling charge pursuant to
subdivision (b) of Section 1055 to the fee prescribed in Article 3
(commencing with Section 1760) of Chapter 7.5 of Division 2 for each
annual wildlife area pass or native species stamp issued.
1055.4. Any person authorized pursuant to Section 1055 who submits
a check or money order for payment of licenses, permits,
reservations, tags, and other entitlements that is returned unpaid by
the bank or financial institution it was drawn upon shall be
required to pay a fee of thirty dollars ($30), plus any penalty and
interest charges, as defined in Section 1059.
1055.5. (a) Except as provided in subdivision (b) or (c), each
authorized license agent who receives licenses, permits,
reservations, tags, and other entitlements, pursuant to subdivision
(c) of Section 1055, shall remit to the department the fees
prescribed in this code or in regulations adopted pursuant to this
code for all licenses, permits, reservations, tags, and other
entitlements issued in each calendar month not later than 20 days
following the last day of that calendar month. The transmittal of the
fees to the department shall be accompanied with an accounting
report on forms provided by the department of all licenses, permits,
reservations, tags, and other entitlements issued during the
preceding month.
(b) A license agent is not required to remit the fees for a book
of licenses, permits, reservations, tags, or other entitlements in
any month if, on the last day of the preceding month, all items in
that single book provided for issuance at a single business location
are not issued or expired. If, however, all items in that book are
issued or expired, the license agent shall remit the fees for that
book and transmit the accounting report in accordance with the
requirements of this section.
(c) The license agent may retain not more than fifteen cents
($0.15) of the fee received for each Colorado River special use stamp
issued pursuant to Section 7180 as compensation for services. The
license agent shall remit to the department the fees prescribed by
Section 7180, less any amounts retained under this subdivision, for
all Colorado River special use stamps issued. The license agent shall
remit the net fees with an accounting report as prescribed in
subdivision (a).
(d) Except as provided in subdivision (c), any fee remittance and
accounting report not transmitted to the department within 30 days
following the last day of each calendar month is delinquent, and fees
due are subject to interest and penalties prescribed in subdivision
(b) of Section 1059. Interest and penalties shall be computed
beginning 21 days following the last day of the calendar month in
which the fees were collected.
(e) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
1055.6. (a) Except as provided in subdivision (b), each license
agent authorized pursuant to Section 1055.1 shall remit to the
department the fees prescribed in this code or in regulations adopted
pursuant to this code for all licenses, permits, reservations, tags,
and other entitlements by electronic means, such as electronic fund
transfer. In order to facilitate the prompt remittance of revenues,
the department is authorized to withdraw funds from the bank account
of the license agent, including adjustments, by electronic transfer.
License agents shall ensure that the total fees required for all
licenses, permits, reservations, tags, or other entitlements
necessary to perform the electronic transfer are available on the
date specified by the license agent contract.
(b) A license agent shall report to the department on or before
the end of the next business day of the department any losses of fees
received from the issuing of licenses, permits, reservations, tags,
or other entitlements.
(c) The license agent may retain not more than fifteen cents
($0.15) of the fee received for each Colorado River special use
validation issued pursuant to Section 7180.1 as compensation for
services. The license agent shall remit to the department the fees
prescribed by Section 7180.1, less any amounts retained under this
subdivision, for all Colorado River special use validations issued.
The license agent shall remit the net fees as prescribed in
subdivision (a).
(d) Except as provided in subdivision (b), any fees not
transmitted or made available to the department within seven days
following the due date as specified by the department are delinquent,
and delinquent fees are subject to interest and penalties prescribed
in subdivision (b) of Section 1059. Interest and penalties shall be
computed beginning one day following the due date as specified by the
department.
(e) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1056. (a) Authorized license agents who receive licenses, permits,
reservations, tags, and other entitlements pursuant to subdivision
(c) of Section 1055 may be required to execute, in favor of the
department, a bond, payable to the department, in a sum determined by
the department. The bond shall secure the accurate accounting and
payment to the department of the funds collected and the performance
of the duties imposed upon the license agent by this article.
(b) Any license agent who fails to transmit the fees or accounting
reports required by Section 1055.5 or 1055.6 not later than 60 days
following the due date as specified by the department may be required
to provide a bond pursuant to subdivision (a) in order to continue
as a license agent.
1057. All license, tag, permit, reservation, and other entitlement
money shall be accounted for separately from other funds of a license
agent, and shall at all times belong to the state.
1058. In case of an assignment for the benefit of creditors,
receivership, or bankruptcy, the state shall have a preferred claim
against the license assignee, receiver, or trustee for all moneys
owing the state for the issuing of licenses, permits, reservations,
tags, and other entitlements as provided in this code and shall not
be estopped from asserting that claim by reason of the commingling of
funds or otherwise.
1059. (a) The failure or refusal of any license agent to account
for licenses, permits, reservations, tags, and other entitlements, or
any fees received from their issuance as required by Section 1055.5
or 1055.6 or upon demand by an authorized representative of the
department is a misdemeanor.
(b) In addition to subdivision (a), any license agent who fails to
remit fees to the department on or before the date required by
Section 1055.5 or 1055.6 shall pay interest and penalties prescribed
for sales and use taxes and, except as otherwise provided in this
code, the department shall collect amounts owing under the procedures
prescribed for sales and use taxes provided in Chapter 5 (commencing
with Section 6451) and Chapter 6 (commencing with Section 6701) of
Part 1 of Division 2 of the Revenue and Taxation Code, insofar as
they may be applicable, and for those purposes, "board" means the
department.
1060. (a) The department may accept from any authorized license
agent an affidavit for settlement on its account in lieu of licenses,
permits, reservations, tags, and other entitlements that have been
lost or destroyed if the license agent meets the following criteria:
(1) Reports any losses of licenses, permits, reservations, tags,
or other entitlements to the department on or before the end of the
next business day of the department.
(2) Submits the following items to the department not more than 20
days following the last day of the calendar month in which the items
were lost or destroyed:
(A) An accounting report listing all licenses, permits,
reservations, tags, and other entitlements that were lost or
destroyed.
(B) A signed and notarized affidavit that shows the value and type
of the licenses, permits, reservations, tags, and other
entitlements, their serial numbers, and the causes of loss or
destruction.
(b) This section does not apply to licenses, permits,
reservations, tags, or other entitlements that are issued through the
Automated License Data System.
1061. (a) The department may allow a person to purchase a license
voucher as a gift for a licensee when the licensee's complete and
accurate personal information, as defined in regulation, is not
provided by the license buyer at the time of purchase.
(b) A license purchase voucher entitles the holder of the voucher
to redeem it for the specific license, permit, tag, or other
privilege or entitlement, and license year for which it was
purchased.
(c) A license purchase voucher shall expire and be considered void
if not redeemed within the license year for which it was purchased.
(d) A license purchase voucher may be issued and redeemed by any
person authorized by the department to issue licenses.
(e) The license agent handling fee, as provided under subdivision
(b) of Section 1055.1, shall only apply to the sale of the license
purchase voucher.
(f) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1068. (a) Beginning November 1, 1991, the director shall make a
grant in installments to a nonprofit organization of sea urchin
divers in an amount not to exceed four hundred thousand dollars
($400,000), for the organization to accomplish the following
purposes:
(1) To establish a communications network among sea urchin divers,
through a newsletter and such other means as are deemed necessary
and appropriate by the organization, providing divers with
information on policies, procedures, statutes, and regulations
affecting the sea urchin fishery, meeting announcements, and for
other information the department reasonably requests to be
transmitted to sea urchin divers.
(2) To establish an education program on the conservation and
utilization of sea urchins.
(3) To convene statewide conferences for members of the industry
to meet for purposes of strengthening the industry and benefiting
industry goals.
The grant shall be paid, upon submission and approval of an annual
budget, in quarterly installments, in amounts deemed appropriate by
the department, upon the submission to the department of progress
reports which demonstrate the continued achievements of the
organization toward the intended goals.
(b) Prior to making the grant, the director shall verify from the
nonprofit organization's bylaws that it is established for, among
other purposes, the protection, conservation, enhancement, and
promotion of the sea urchin fishery, and that its membership,
including its board of directors, is composed solely of licensed
commercial sea urchin divers.
(c) The grant shall be funded from revenues received pursuant to
former subdivision (b) of Section 8051.1, as that subdivision read on
December 31, 1995. If the department determines that the revenue
received from former subdivision (b) of Section 8051.1, as that
subdivision read on December 31, 1995, is not sufficient to fund the
amount of the grant, including departmental overhead charges which
shall be recovered from the revenues received pursuant to that former
subdivision (b) of Section 8051.1, the department shall reduce the
amount of the grant accordingly. The revenue received pursuant to
that former subdivision (b) of Section 8051.1 shall remain available
for funding of the grant program pursuant to this subdivision until
that revenue is fully encumbered, or the authorized amount of the
grant program is expended, whichever event is later.
(d) The revenue received pursuant to former subdivision (b) of
Section 8051.1 as it read on December 31, 1995, shall first be used
to reimburse the department for departmental overhead charges
incurred in administering the grant.
1069. The director may enter into an agreement with the Secretary
of Food and Agriculture for the collection of an assessment on behalf
of any marketing council or commission for fish or seafood organized
under the Food and Agricultural Code. The agreement may authorize
the department to collect the assessment in conjunction with the
collection of landing taxes on those species for which the marketing
council or commission is organized. The department shall remit the
amount of the assessment collected to the Secretary of Food and
Agriculture according to the agreement after making the collection.
Prior to remitting the assessments, the department may deduct an
administrative fee in an amount agreed to with the Secretary of Food
and Agriculture to pay the costs of collection and remission of the
assessments. The administrative fees shall be deposited in the Fish
and Game Preservation Fund.
1070. The department shall transmit monthly to the Department of
Finance, for review, a summary report of the fee remittances and
accounting reports received under Section 1055.5 and a delinquency
report containing the name and address of any person who failed or
refused to fully comply with Section 1055.5. The summary fee
remittance and accounting report and the delinquency report shall be
transmitted to the Department of Finance not later than 45 days
following the last day of the calendar month for which the fee
remittances and accounting reports were due under Section 1055.5.
1110. Section 1110 as added to this code by the initiative measure
adopted at the General Election of November 8, 1938, is set forth at
Section 7891 of this code.
1050. (a) All licenses, permits, tags reservations, and other
entitlements authorized by this code shall be prepared and issued by
the department.
(b) The commission shall determine the form of all licenses,
permits, tags, reservations, and other entitlements and the method of
carrying and displaying all licenses, and may require and prescribe
the form of applications therefor and the form of any contrivance to
be used in connection therewith.
(c) Whenever any provision of this code provides for a permit,
license, tag, reservation, application, or other entitlement, the
commission shall, in accordance with the provision, prescribe the
terms and conditions under which the permit, license, tag,
reservation, application, or other entitlement shall be issued and
the department shall issue the permit, license, tag, reservation,
application, or other entitlement in accordance therewith and with
the applicable provisions of law.
(d) Whenever this code does not specify whether a fee is to be
collected, or does not specify the amount of a fee to be collected
for the issuance of any license, tag, permit, application,
reservation, or other entitlement, the commission may establish a fee
or the amount thereof by regulation. The commission may also provide
for the change in the amount of the fee in accordance with Section
713. However, no fee may exceed the reasonable costs incurred by the
department in implementing and administering the program or activity
to which the license, tag, permit, application, reservation, or other
entitlement is related.
(e) Whenever this code provides for a license, tag, permit,
reservation, or other entitlement, the commission may establish a
nonrefundable application fee, not to exceed seven dollars and fifty
cents ($7.50) sufficient to pay the department's costs for issuing
the license, tag, permit, reservation, or other entitlement and may
adjust the application fee in accordance with Section 713.
1050.1. Any license, permit, tag, stamp, or other entitlement
authorized pursuant to this code is not valid until it is filled out
completely and accurately and the fee authorized or identified in
statute or regulation for that entitlement is received and paid to
the department or its agent. It is the responsibility of the user to
ensure that the license, permit, tag, stamp, or other entitlement is
filled out completely and accurately.
1050.3. Notwithstanding any other provision of this code, the
department may issue a temporary document that allows the holder of a
license, permit, license tag, license stamp, application,
reservation, or other entitlement purchased through the Internet to
enjoy the privileges of the entitlement for a period not to exceed 30
calendar days from the date of purchase.
1050.5. The department may accept a credit card charge as a method
of payment. Any contract executed by the department with credit card
issuers or draft purchasers shall be consistent with Section 6159 of
the Government Code. Notwithstanding Title 1.3 (commencing with
Section 1747) of Part 4 of Division 3 of the Civil Code, the
department may impose a surcharge in an amount to cover the cost of
providing the credit card service, including reimbursement for any
fee or discount charged by the credit card issuer.
1050.6. (a) Except as otherwise provided in this section, the names
and addresses contained in records submitted and retained by the
department for the purpose of obtaining recreational fishing and
hunting licenses are confidential and are not public records.
(b) Notwithstanding any other provision of law, the department may
release the confidential information described in subdivision (a)
under the following circumstances:
(1) To an agent or authorized family member of the person to whom
the information pertains.
(2) To an officer or employee of another governmental agency when
necessary for the performance of his or her official duties.
(3) In accordance with Section 391.
(4) Pursuant to a court order.
1050.8. (a) The department may issue collectible, commemorative
licenses to any person for purposes of promoting and supporting
licensed hunting, fishing, and resource conservation, subject to all
of the following:
(1) A commemorative license may be designed and produced as the
department may determine and shall be clearly marked and identified
as a commemorative license, rendering it invalid for the take of any
mammal, bird, fish, reptile, or amphibian.
(2) A commemorative license shall not confer any rights,
privileges, or other entitlements to any person purchasing or in
possession of such a license.
(3) Subdivision (a) of Section 1052, Section 1053, Article 2
(commencing with Section 3031) of Chapter 1 of Part 1 of Division 4,
and Article 3 (commencing with Section 7145) of Chapter 1 of Part 2
of Division 6 do not apply to the purchase of a commemorative
license. A commemorative license shall not qualify as evidence
required in subdivision (a) of Section 3050.
(b) All funds derived from the sale of commemorative licenses
shall be deposited in the Fish and Game Preservation Fund.
1051. Licenses of each class shall be uniquely numbered. Every
license shall contain its expiration date and the fee for which it is
issued. If no fee is either required by this code or established by
the commission pursuant to Section 1050, the license shall so
indicate.
1052. It is unlawful for any person to do any of the following:
(a) Transfer any license, tag, stamp, permit, application, or
reservation.
(b) Use or possess any license, tag, stamp, permit, application,
or reservation that was not lawfully issued to the user or possessor
thereof or that was obtained by fraud, deceit, or the use of a fake
or counterfeit application form.
(c) Use or possess any fake or counterfeit license, tag, stamp,
permit, permit application form, band, or seal, made or used for the
purpose of evading any of the provisions of this code, or regulations
adopted pursuant thereto.
(d) Predate, fail to date, or alter any date of any license, tag,
or permit.
(e) Postdate the date of application or the date of issuance of
the license, tag, or permit. This subdivision does not apply to the
date that a license, tag, or permit is valid.
(f) Alter, mutilate, deface, duplicate, or counterfeit any
license, tag, permit, permit application form, band, or seal, or
entries thereon, to evade the provisions of this code, or any
regulations adopted pursuant thereto.
1052.5. Any stamp issued pursuant to this article is not valid
unless affixed to the appropriate license document.
1053. (a) A person shall not obtain more than one license, permit,
reservation, or other entitlement of the same class, or more than the
number of tags authorized by statute or regulation for the same
license year, except under one of the following conditions:
(1) Nonresident hunting licenses issued pursuant to paragraphs (4)
and (5) of subdivision (a) of Section 3031, and short-term sport
fishing licenses issued pursuant to paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149, and paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149.05.
(2) The loss or destruction of an unexpired license, tag, permit,
reservation, or other entitlement, except a stamp or endorsement, as
certified by the applicant's signed affidavit and proof, as
determined by the department, that the original license, tag, permit,
reservation, or other entitlement was issued, and payment of a base
fee of five dollars ($5). The base fee shall be adjusted annually
pursuant to Section 713, not to exceed the fee for the original
entitlement, as follows:
(A) The adjustment shall apply to the hunting license years
commencing on or after July 1, 1996.
(B) The adjustment shall apply to the fishing license years
commencing on or after January 1, 1996.
(b) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
1053.1. (a) A person shall not obtain more than one license,
permit, reservation, or other entitlement of the same class, or more
than the number of tags authorized by statute or regulation for the
same license year, except under one of the following conditions:
(1) Nonresident hunting licenses issued pursuant to paragraphs (4)
and (5) of subdivision (a) of Section 3031, and short-term sport
fishing licenses issued pursuant to paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149, and paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149.05.
(2) The loss or destruction of an unexpired license, tag, permit,
reservation, or other entitlement, except a stamp or endorsement, as
certified by the applicant's signed affidavit and proof, as
determined by the department, that the original license, tag, permit,
reservation, or other entitlement was issued, and payment of a base
fee of five dollars ($5). The base fee shall be adjusted annually
pursuant to Section 713, not to exceed the fee for the original
entitlement, as follows:
(A) The adjustment shall apply to the hunting license years
commencing on or after July 1, 1996.
(B) The adjustment shall apply to the fishing license years
commencing on or after January 1, 1996.
(3) The loss or destruction of a stamp or endorsement imprinted on
a base license and payment of a base fee of three dollars ($3) for
each stamp or endorsement replaced on any base license document,
adjusted annually pursuant to Section 713, not to exceed the fee for
the original entitlement. The base fee in this paragraph shall apply
to the 2011 license year.
(b) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1053.5. Applicants for hunting licenses pursuant to subdivision (a)
of Section 1053 shall first satisfactorily complete a hunter
education equivalency examination and obtain a certificate of
equivalency as provided by regulations adopted by the commission, or
show proof of completion of a hunter education training course, or
show a previous year's hunting license.
1054. (a) It is unlawful to submit, or conspire to submit, any
false, inaccurate, or otherwise misleading information on any
application or other document offered or otherwise presented to the
department for any purpose, including, but not limited to, obtaining
a license, tag, permit, or other privilege or entitlement pursuant to
this code or regulations adopted thereto.
(b) The department may require the applicant for a license, tag,
permit, or other privilege or entitlement to show proof of the
statements or facts required for the issuance of any license, tag,
permit, or other privilege or entitlement.
(c) For purposes of this section, "department" includes any
department employee, license agent, or any person performing the
duties of a department employee or license agent.
1054.2. Every person while engaged in taking any bird, mammal,
fish, amphibian, or reptile shall have on his or her person or in his
or her immediate possession, or where otherwise specifically
required by law to be kept, any license, tag, stamp, or permit that
is required in order to take the bird, mammal, fish, amphibian, or
reptile. In the case of a person diving from a boat, the license or
permit may be kept on the boat, or in the case of a person diving
from shore, the license or permit may be kept within 500 yards of the
shore.
1054.5. The department may issue and shall collect payment for any
entitlement, document, or authorization for which a fee is authorized
pursuant to this code.
1054.8. (a) The department shall establish, and keep current,
written policies and procedures relating to the application process
and the award of hunting tags for fundraising purposes, as authorized
pursuant to subdivision (c) of Section 331, subdivision (d) of
Section 332, Section 4334, or subdivision (d) of Section 4902.
(b) The policies and procedures shall include, but need not be
limited to, all of the following:
(1) The application process and criteria.
(2) A standard application format.
(3) An appeal process.
(4) A requirement that all applications shall remain sealed until
on or after a filing date specified by the department.
(c) The department shall make the policies and procedures
available to interested parties 30 days before their implementation
and shall receive and consider any related recommendations.
(d) The department shall not require a minimum tag sale price,
except as otherwise provided in this code.
(e) It is the intent of the Legislature that the department
develop policies and procedures that seek to maximize both the
revenues received by the department and participation by qualified
nonprofit organizations making application to sell the tags as
sellers of the tags.
1055. (a) Any person, except a commissioner, officer, or employee
of the department, may submit an application to the department, to be
a license agent to issue licenses, permits, reservations, tags, and
other entitlements.
(b) A person shall only be authorized to be a license agent to
issue licenses, permits, reservations, tags, and other entitlements,
upon the written approval of the department.
(c) The department may consign licenses, permits, reservations,
tags, and other entitlements to authorized license agents.
(d) The department may provide licenses, permits, reservations,
tags, or other entitlements to authorized license agents and shall
collect prior to delivery an amount equal to the fees for all
licenses, permits, reservations, tags, and other entitlements that
are provided. Any license agent who pays the fees prior to delivery
for licenses, permits, reservations, tags, or other entitlements is
exempt from subdivisions (a) and (d) of Section 1055.5 and Sections
1056, 1057, and 1059. Any licenses, permits, reservations, tags, or
other entitlements provided pursuant to this subdivision that remain
unissued at the end of the license year may be returned to the
department for refund or credit, or a combination thereof within six
months of the item expiration date. No credit may be allowed after
six months following the last day of the license year.
(e) Licenses, permits, reservations, tags, and other entitlements
may only be provided to authorized license agents that are in
compliance with all laws, regulations, and policies governing the
sale and reporting of licenses, permits, reservations, tags, and
other entitlements.
(f) Authorized license agents shall add a handling charge to the
fees prescribed in this code or in regulations adopted pursuant to
this code for licenses, permits, reservations, tags, and other
entitlements issued by the license agent in an amount that is 5
percent of the face value of the item rounded to the nearest five
cents ($0.05).
(g) The handling charge added pursuant to subdivision (f) shall be
incorporated into the total amount collected for issuing any
license, permit, reservation, tag, and other entitlement, but the
handling charge may not be included when determining license fees in
accordance with Section 713. License agents may issue any license,
permit, reservation, tag, and other entitlement for any amount up to
10 percent less than the fee prescribed in this code or in
regulations adopted pursuant to this code. The license agent shall
remit to the department the full amount of the fees as prescribed in
this code or in regulations adopted pursuant to this code for all
licenses, permits, reservations, tags, and other entitlements issued.
(h) The handling charge in subdivision (f) is the license agent's
only compensation for services. The license agent shall not be
entitled to any other additional fee or charge for issuing licenses,
permits, reservations, tags, and other entitlements authorized
pursuant to this section.
(i) The department may designate a nonprofit organization,
organized pursuant to the laws of this state, or the California
chapter of a nonprofit organization, organized pursuant to the laws
of another state, as a license agent for the sale of lifetime
licenses issued pursuant to Sections 714, 3031.2, and 7149.2. These
licenses may be sold by auction or by other methods and are not
subject to the fee limitations prescribed in this code. An agent
authorized to issue lifetime sport fishing licenses, lifetime hunting
licenses, and lifetime sportsman's licenses under this subdivision
is exempt from subdivisions (f) and (h). The license agent shall
remit to the department the fees from the sale of lifetime licenses,
as defined in Sections 714, 3031.2, and 7149.2.
(j) At any single business location, a license agent shall issue
all items from a single book before commencing to issue licenses,
permits, reservations, tags, or other entitlements of the same series
from another book.
(k) License agents that receive licenses, permits, reservations,
tags, and other entitlements pursuant to subdivision (c) shall return
all unissued and expired licenses, permits, reservations, tags, and
other entitlements to the department within 20 days following the
last day of the license year. Any unissued and expired license,
permit, reservation, tag, or other entitlement that is not returned
within 60 days following the last day of the license year shall be
billed to the license agent. Licenses, permits, reservations, tags,
and other entitlements may be returned for credit after the 60 days;
however, the license agent shall pay interest and penalties on any
sold licenses, permits, reservations, tags, and other entitlements as
prescribed in subdivision (b) of Section 1059. No credit may be
allowed after six months following the last day of the license year.
(l) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
1055.1. (a) Any person, except a commissioner, officer, or employee
of the department, may submit an application to the department to be
a license agent to issue licenses, permits, reservations, tags, or
other entitlements.
(b) A person shall only be authorized to be a license agent to
issue licenses, permits, reservations, tags, and other entitlements,
upon the written approval of the department.
(c) The department may provide licenses, permits, reservations,
tags, or other entitlements to authorized license agents and shall
collect, prior to delivery, an amount equal to the fees for all
licenses, permits, reservations, tags and other entitlements
provided. Any license agent who pays the fees prior to delivery for
licenses, permits, reservations, tags, or other entitlements is
exempt from subdivisions (a) and (e) of Section 1055.5 and Sections
1056, 1057, and 1059. Any licenses, permits, reservations, tags, or
other entitlements provided pursuant to this subdivision that remain
unissued at the end of the license year may be returned to the
department for refund or credit, or a combination thereof, within six
months of the item expiration date. No credit may be allowed after
six months following the last day of the license year.
(d) Authorized license agents shall add a handling charge to the
fees prescribed in this code or in regulations adopted pursuant to
this code for any license, permit, reservation, tag, and other
entitlement issued by the license agent in an amount that is 5
percent of the face value of the item rounded to the nearest five
cents ($0.05).
(e) The handling charge added pursuant to subdivision (d) shall be
incorporated into the total amount collected for issuing the
license, permit, reservation, tag, and other entitlement, but the
handling charge shall not be included when determining license fees
in accordance with Section 713. A license agent may issue any
license, permit, reservation, tag, or other entitlement for any
amount up to 10 percent less than the fee prescribed in this code or
in regulations adopted pursuant to this code. The license agent shall
remit to the department the full amount of the fees as prescribed in
this code or in regulations adopted pursuant to this code for all
licenses, permits, reservations, tags, and other entitlements issued.
(f) The handling charge required by subdivision (d) is the license
agent's only compensation for services. The license agent shall not
be entitled to any other additional fee or charge for issuing any
license, permit, reservation, tag, or other entitlement authorized
pursuant to this section.
(g) The department may designate a nonprofit organization,
organized pursuant to the laws of this state, or the California
chapter of a nonprofit organization, organized pursuant to the laws
of another state, as a license agent for the sale of lifetime
licenses issued pursuant to Sections 714, 3031.2, and 7149.2. These
licenses may be sold by auction or by other methods and are not
subject to the fee limitations prescribed in this code. An agent
authorized to issue lifetime sport fishing licenses, lifetime hunting
licenses, and lifetime sportsman's licenses under this subdivision
is exempt from subdivisions (d) and (f). The license agent shall
remit to the department the fees from the sale of lifetime licenses
as defined in Sections 714, 3031.2, and 7149.2.
(h) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1055.3. The department may authorize any person, except a
commissioner or an officer or employee of the department, to issue,
as an agent of the department, annual wildlife area passes and native
species stamps, and to sell promotional materials and nature study
aids pursuant to, and subject to the requirements of, this article.
Any agent thus authorized may add a handling charge pursuant to
subdivision (b) of Section 1055 to the fee prescribed in Article 3
(commencing with Section 1760) of Chapter 7.5 of Division 2 for each
annual wildlife area pass or native species stamp issued.
1055.4. Any person authorized pursuant to Section 1055 who submits
a check or money order for payment of licenses, permits,
reservations, tags, and other entitlements that is returned unpaid by
the bank or financial institution it was drawn upon shall be
required to pay a fee of thirty dollars ($30), plus any penalty and
interest charges, as defined in Section 1059.
1055.5. (a) Except as provided in subdivision (b) or (c), each
authorized license agent who receives licenses, permits,
reservations, tags, and other entitlements, pursuant to subdivision
(c) of Section 1055, shall remit to the department the fees
prescribed in this code or in regulations adopted pursuant to this
code for all licenses, permits, reservations, tags, and other
entitlements issued in each calendar month not later than 20 days
following the last day of that calendar month. The transmittal of the
fees to the department shall be accompanied with an accounting
report on forms provided by the department of all licenses, permits,
reservations, tags, and other entitlements issued during the
preceding month.
(b) A license agent is not required to remit the fees for a book
of licenses, permits, reservations, tags, or other entitlements in
any month if, on the last day of the preceding month, all items in
that single book provided for issuance at a single business location
are not issued or expired. If, however, all items in that book are
issued or expired, the license agent shall remit the fees for that
book and transmit the accounting report in accordance with the
requirements of this section.
(c) The license agent may retain not more than fifteen cents
($0.15) of the fee received for each Colorado River special use stamp
issued pursuant to Section 7180 as compensation for services. The
license agent shall remit to the department the fees prescribed by
Section 7180, less any amounts retained under this subdivision, for
all Colorado River special use stamps issued. The license agent shall
remit the net fees with an accounting report as prescribed in
subdivision (a).
(d) Except as provided in subdivision (c), any fee remittance and
accounting report not transmitted to the department within 30 days
following the last day of each calendar month is delinquent, and fees
due are subject to interest and penalties prescribed in subdivision
(b) of Section 1059. Interest and penalties shall be computed
beginning 21 days following the last day of the calendar month in
which the fees were collected.
(e) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
1055.6. (a) Except as provided in subdivision (b), each license
agent authorized pursuant to Section 1055.1 shall remit to the
department the fees prescribed in this code or in regulations adopted
pursuant to this code for all licenses, permits, reservations, tags,
and other entitlements by electronic means, such as electronic fund
transfer. In order to facilitate the prompt remittance of revenues,
the department is authorized to withdraw funds from the bank account
of the license agent, including adjustments, by electronic transfer.
License agents shall ensure that the total fees required for all
licenses, permits, reservations, tags, or other entitlements
necessary to perform the electronic transfer are available on the
date specified by the license agent contract.
(b) A license agent shall report to the department on or before
the end of the next business day of the department any losses of fees
received from the issuing of licenses, permits, reservations, tags,
or other entitlements.
(c) The license agent may retain not more than fifteen cents
($0.15) of the fee received for each Colorado River special use
validation issued pursuant to Section 7180.1 as compensation for
services. The license agent shall remit to the department the fees
prescribed by Section 7180.1, less any amounts retained under this
subdivision, for all Colorado River special use validations issued.
The license agent shall remit the net fees as prescribed in
subdivision (a).
(d) Except as provided in subdivision (b), any fees not
transmitted or made available to the department within seven days
following the due date as specified by the department are delinquent,
and delinquent fees are subject to interest and penalties prescribed
in subdivision (b) of Section 1059. Interest and penalties shall be
computed beginning one day following the due date as specified by the
department.
(e) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1056. (a) Authorized license agents who receive licenses, permits,
reservations, tags, and other entitlements pursuant to subdivision
(c) of Section 1055 may be required to execute, in favor of the
department, a bond, payable to the department, in a sum determined by
the department. The bond shall secure the accurate accounting and
payment to the department of the funds collected and the performance
of the duties imposed upon the license agent by this article.
(b) Any license agent who fails to transmit the fees or accounting
reports required by Section 1055.5 or 1055.6 not later than 60 days
following the due date as specified by the department may be required
to provide a bond pursuant to subdivision (a) in order to continue
as a license agent.
1057. All license, tag, permit, reservation, and other entitlement
money shall be accounted for separately from other funds of a license
agent, and shall at all times belong to the state.
1058. In case of an assignment for the benefit of creditors,
receivership, or bankruptcy, the state shall have a preferred claim
against the license assignee, receiver, or trustee for all moneys
owing the state for the issuing of licenses, permits, reservations,
tags, and other entitlements as provided in this code and shall not
be estopped from asserting that claim by reason of the commingling of
funds or otherwise.
1059. (a) The failure or refusal of any license agent to account
for licenses, permits, reservations, tags, and other entitlements, or
any fees received from their issuance as required by Section 1055.5
or 1055.6 or upon demand by an authorized representative of the
department is a misdemeanor.
(b) In addition to subdivision (a), any license agent who fails to
remit fees to the department on or before the date required by
Section 1055.5 or 1055.6 shall pay interest and penalties prescribed
for sales and use taxes and, except as otherwise provided in this
code, the department shall collect amounts owing under the procedures
prescribed for sales and use taxes provided in Chapter 5 (commencing
with Section 6451) and Chapter 6 (commencing with Section 6701) of
Part 1 of Division 2 of the Revenue and Taxation Code, insofar as
they may be applicable, and for those purposes, "board" means the
department.
1060. (a) The department may accept from any authorized license
agent an affidavit for settlement on its account in lieu of licenses,
permits, reservations, tags, and other entitlements that have been
lost or destroyed if the license agent meets the following criteria:
(1) Reports any losses of licenses, permits, reservations, tags,
or other entitlements to the department on or before the end of the
next business day of the department.
(2) Submits the following items to the department not more than 20
days following the last day of the calendar month in which the items
were lost or destroyed:
(A) An accounting report listing all licenses, permits,
reservations, tags, and other entitlements that were lost or
destroyed.
(B) A signed and notarized affidavit that shows the value and type
of the licenses, permits, reservations, tags, and other
entitlements, their serial numbers, and the causes of loss or
destruction.
(b) This section does not apply to licenses, permits,
reservations, tags, or other entitlements that are issued through the
Automated License Data System.
1061. (a) The department may allow a person to purchase a license
voucher as a gift for a licensee when the licensee's complete and
accurate personal information, as defined in regulation, is not
provided by the license buyer at the time of purchase.
(b) A license purchase voucher entitles the holder of the voucher
to redeem it for the specific license, permit, tag, or other
privilege or entitlement, and license year for which it was
purchased.
(c) A license purchase voucher shall expire and be considered void
if not redeemed within the license year for which it was purchased.
(d) A license purchase voucher may be issued and redeemed by any
person authorized by the department to issue licenses.
(e) The license agent handling fee, as provided under subdivision
(b) of Section 1055.1, shall only apply to the sale of the license
purchase voucher.
(f) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
1068. (a) Beginning November 1, 1991, the director shall make a
grant in installments to a nonprofit organization of sea urchin
divers in an amount not to exceed four hundred thousand dollars
($400,000), for the organization to accomplish the following
purposes:
(1) To establish a communications network among sea urchin divers,
through a newsletter and such other means as are deemed necessary
and appropriate by the organization, providing divers with
information on policies, procedures, statutes, and regulations
affecting the sea urchin fishery, meeting announcements, and for
other information the department reasonably requests to be
transmitted to sea urchin divers.
(2) To establish an education program on the conservation and
utilization of sea urchins.
(3) To convene statewide conferences for members of the industry
to meet for purposes of strengthening the industry and benefiting
industry goals.
The grant shall be paid, upon submission and approval of an annual
budget, in quarterly installments, in amounts deemed appropriate by
the department, upon the submission to the department of progress
reports which demonstrate the continued achievements of the
organization toward the intended goals.
(b) Prior to making the grant, the director shall verify from the
nonprofit organization's bylaws that it is established for, among
other purposes, the protection, conservation, enhancement, and
promotion of the sea urchin fishery, and that its membership,
including its board of directors, is composed solely of licensed
commercial sea urchin divers.
(c) The grant shall be funded from revenues received pursuant to
former subdivision (b) of Section 8051.1, as that subdivision read on
December 31, 1995. If the department determines that the revenue
received from former subdivision (b) of Section 8051.1, as that
subdivision read on December 31, 1995, is not sufficient to fund the
amount of the grant, including departmental overhead charges which
shall be recovered from the revenues received pursuant to that former
subdivision (b) of Section 8051.1, the department shall reduce the
amount of the grant accordingly. The revenue received pursuant to
that former subdivision (b) of Section 8051.1 shall remain available
for funding of the grant program pursuant to this subdivision until
that revenue is fully encumbered, or the authorized amount of the
grant program is expended, whichever event is later.
(d) The revenue received pursuant to former subdivision (b) of
Section 8051.1 as it read on December 31, 1995, shall first be used
to reimburse the department for departmental overhead charges
incurred in administering the grant.
1069. The director may enter into an agreement with the Secretary
of Food and Agriculture for the collection of an assessment on behalf
of any marketing council or commission for fish or seafood organized
under the Food and Agricultural Code. The agreement may authorize
the department to collect the assessment in conjunction with the
collection of landing taxes on those species for which the marketing
council or commission is organized. The department shall remit the
amount of the assessment collected to the Secretary of Food and
Agriculture according to the agreement after making the collection.
Prior to remitting the assessments, the department may deduct an
administrative fee in an amount agreed to with the Secretary of Food
and Agriculture to pay the costs of collection and remission of the
assessments. The administrative fees shall be deposited in the Fish
and Game Preservation Fund.
1070. The department shall transmit monthly to the Department of
Finance, for review, a summary report of the fee remittances and
accounting reports received under Section 1055.5 and a delinquency
report containing the name and address of any person who failed or
refused to fully comply with Section 1055.5. The summary fee
remittance and accounting report and the delinquency report shall be
transmitted to the Department of Finance not later than 45 days
following the last day of the calendar month for which the fee
remittances and accounting reports were due under Section 1055.5.
1110. Section 1110 as added to this code by the initiative measure
adopted at the General Election of November 8, 1938, is set forth at
Section 7891 of this code.
