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Following are the portions of the California Fish and Game Code referenced in Section 670, Practice of Falconry, of the California Fish and Game Code.
200. There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles to the extent and in the manner prescribed in this
article. No power is delegated to the commission by this article to regulate the taking, possessing, processing, or use of fish, amphibia, kelp, or other aquatic plants for commercial purposes, and no provision of this code relating or applying thereto, nor any regulation of the commission made pursuant to such provision, shall be affected by this article or any regulation made under this article.
395. (a) The commission may adopt regulations for the possession or training, and the capture, importation, exportation, or intrastate transfer, of any bird in the orders Falconiformes and Strigiformes (birds-of-prey) used in the practice of falconry and may authorize the issuance and provide for the revocation of licenses and permits to persons for the practice of falconry.
(b) It is unlawful to capture, possess, or train any bird in the orders Falconiformes and Strigiformes (birds-of-prey) in the practice of falconry without procuring a falconry license.
396. (a) The falconry license shall be valid for a license year beginning on March 1 and ending on the last day of February of the next succeeding calendar year. If issued after March 1 of any year, a falconry license is valid for the remainder of that license year.
(b) The fee for a falconry license shall be as follows:
(1) For the license year beginning March 1, 1986, the fee is thirty dollars ($30).
(2) For the license years beginning on or after March 1, 1987, the fee is a base fee of thirty dollars ($30) as adjusted under Section 713.
(c) Upon the filing of an affidavit showing the loss or destruction of an unexpired falconry license and the payment of a fee of eight dollars ($8), a replacement license may be issued for the
remainder of the license period.
713. (a) The changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, shall be used as the index to determine an annual rate of increase or decrease in the fees for licenses, stamps, permits, and tags issued by the department, except commercial fishing fees.
(b) The department shall determine the change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, for the quarter ending March 31 of the current year compared to the quarter ending March 31 of the previous year. The relative amount of the change shall be multiplied by the current fee for each license, stamp, permit, or tag issued by the department. The product shall be rounded to the nearest twenty-five cents ($0.25), and the resulting amount shall be added to the fee for the current year. The resulting amount shall be the fee for the license year beginning on or after January 1 of the next succeeding calendar year for the license, stamp, permit, or tag which is adjusted under this section.
(c) Notwithstanding any other provision of law, the department may recalculate the current fees charged for each license, stamp, permit, or tag issued by the department, except commercial fishing fees, to determine that all appropriate indexing has been included in the current fees. This section shall apply to all licenses, stamps, permits, or tags, except commercial fishing fees, that have not been increased each year since the base year of the 1985 -86 fiscal year.
(d) The calculations provided for in this section shall be reported to the Legislature with the Governor's Budget Bill.
(e) The Legislature finds that all revenues generated by fees for licenses, stamps, permits, and tags, computed under this section and used for the purposes for which they were imposed, are not subject to Article XIIIB of the California Constitution.
(f) The department shall, at least every five years, analyze all fees for permits, licenses, stamps, and tags issued by it to ensure the appropriate fee amount is charged. Where appropriate, the department shall recommend to the Legislature or the commission that fees established by the commission or the Legislature be adjusted to ensure that those fees are appropriate.
1050. (a) All licenses, certificates, permits, and license tags authorized by this code shall be prepared and issued by the department.
(b) The commission shall determine the form of all licenses, license tags, and certificates 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, under any of the provisions of this code, a permit, certificate, license, license tag, reservation, or application is provided for, the commission shall, in accordance with the provisions, prescribe the terms and conditions under which the permit, certificate, license, license tag, reservation, or application shall be issued and the department shall issue the permit, certificate, license, license tag, reservation, or application 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, license tag, certificate, 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, license
tag, certificate, permit, application, reservation, or other entitlement is related.
(e) Whenever this code provides for a license, license tag, certificate, 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, license tag, certificate, 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 the fee authorized or identified in statute or regulation for that entitlement is received and paid to the department or its agent.
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.
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.
2120. The commission, in cooperation with the State Department of Food and Agriculture, shall promulgate regulations governing (a) the entry, transportation, keeping, confinement, or release of any and all wild animals which will be or which have been imported into this state pursuant to the provisions of this chapter, and (b) the possession of all other wild animals. The regulations shall be
designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of any such wild animals, and to provide for the welfare of wild animals.
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