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Fish and Game Code - FGC - FGC § 16008
Fish and Game Code - FGC - FGC § 16008
Any agreement or compact entered into pursuant to Section 16006 shall not be effective until they are approved by the commission. The commission may consider and approve an agreement or compact at any of its regular or special meetings.
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Fish and Game Code - FGC - FGC § 16009
Fish and Game Code - FGC - FGC § 16009
The commission shall give notice of the time and place of any meeting at which the approval of an agreement or compact entered into under this division will be considered by publishing prior notice in any publication issued by the Resources Agency or the department after determin
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Fish and Game Code - FGC - FGC § 1601
Fish and Game Code - FGC - FGC § 1601
The following definitions apply to this chapter: (a) “Agreement” means a lake or streambed alteration agreement. (b) “Day” means calendar day. (c) “Emergency” has the same definition as in Section 21060.3 of the Public Resources Code. (d) “Entity” means any person, state or local
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Fish and Game Code - FGC - FGC § 16010
Fish and Game Code - FGC - FGC § 16010
Any agreement or compact entered into pursuant to this division shall be enforceable by the parties only to the extent and in the forum or forums provided for under the terms of the agreement or compact.
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Fish and Game Code - FGC - FGC § 16011
Fish and Game Code - FGC - FGC § 16011
The department may promulgate regulations consistent with the provisions of any agreement or compact entered into pursuant to Section 16006. The application and enforcement of those regulations shall be in accordance with the express provisions of the agreement or compact.
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Fish and Game Code - FGC - FGC § 1602
Fish and Game Code - FGC - FGC § 1602
(a) An entity shall not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or groun
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Fish and Game Code - FGC - FGC § 1603
Fish and Game Code - FGC - FGC § 1603
(a) After the notification is complete, the department shall determine whether the activity may substantially adversely affect an existing fish and wildlife resource. If the department determines that the activity may have that effect, the department shall provide a draft agreeme
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Fish and Game Code - FGC - FGC § 1604
Fish and Game Code - FGC - FGC § 1604
Any party affected by a decision made by an arbitration panel pursuant to this chapter may petition a court of competent jurisdiction for confirmation, correction, or vacation of the decision in accordance with Chapter 4 (commencing with Section 1285) of Title 9 of Part 3 of the
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Fish and Game Code - FGC - FGC § 1605
Fish and Game Code - FGC - FGC § 1605
(a) (1) Except as otherwise provided in this section, the term of an agreement shall not exceed five years. (2) Notwithstanding paragraph (1), after the agreement expires, the entity shall remain responsible for implementing any mitigation or other measures specified in the agree
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Fish and Game Code - FGC - FGC § 1606
Fish and Game Code - FGC - FGC § 1606
The department shall not condition the issuance of an agreement on the receipt of another local, state, or federal permit.
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Fish and Game Code - FGC - FGC § 1607
Fish and Game Code - FGC - FGC § 1607
Any time period prescribed in this chapter may be extended by mutual agreement.
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Fish and Game Code - FGC - FGC § 1608
Fish and Game Code - FGC - FGC § 1608
The department shall provide any entity that submits a notification pursuant to subdivision (a) of Section 1602 with all of the following information: (a) The time period for review of the notification. (b) An explanation of the entity’s right to object to any measures proposed b
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Fish and Game Code - FGC - FGC § 1609
Fish and Game Code - FGC - FGC § 1609
(a) The department may establish a graduated schedule of fees to be charged to any entity subject to this chapter. The fees charged shall be established in an amount necessary to pay the total costs incurred by the department in administering and enforcing this chapter, including
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Fish and Game Code - FGC - FGC § 1610
Fish and Game Code - FGC - FGC § 1610
(a) Except as provided in subdivision (b), this chapter does not apply to any of the following: (1) Immediate emergency work necessary to protect life or property. (2) Immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster
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Fish and Game Code - FGC - FGC § 1611
Fish and Game Code - FGC - FGC § 1611
(a) An entity that submits a timber harvesting plan in accordance with Section 4581 of the Public Resources Code or directly to the department is deemed to have given the notification required by Section 1602, as long as the following information is included in the plan: (1) The
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Fish and Game Code - FGC - FGC § 1612
Fish and Game Code - FGC - FGC § 1612
The department may suspend or revoke an agreement at any time if it determines that an entity is not in compliance with the terms of the agreement or fails to provide timely status reports as required by subdivision (g) of Section 1605. The department shall adopt regulations esta
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Fish and Game Code - FGC - FGC § 1613
Fish and Game Code - FGC - FGC § 1613
If, after receiving a notification, but before the department executes a final agreement, the department informs the entity, in writing, that the activity described in the notification, or any activity or conduct by the entity directly related thereto, violates any provision of t
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Fish and Game Code - FGC - FGC § 1614
Fish and Game Code - FGC - FGC § 1614
If the entity is required to perform work subject to this chapter pursuant to a court or administrative order or notice, the entity shall include the measures proposed by the department to protect fish and wildlife resources in the agreement. Those measures are not subject to arb
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Fish and Game Code - FGC - FGC § 1615
Fish and Game Code - FGC - FGC § 1615
(a) An entity that violates this chapter is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. (b) The civil penalty imposed pursuant to subdivision (a) is separate from, and in addition to, any other civil penalty imposed pursu
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Fish and Game Code - FGC - FGC § 1616
Fish and Game Code - FGC - FGC § 1616
Any agreement or any memorandum of understanding executed by the department pursuant to this chapter prior to January 1, 2004, shall be subject to, and shall be governed by, the provisions of this chapter that were in existence prior to that date. This section does not apply to p
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Fish and Game Code - FGC - FGC § 1617
Fish and Game Code - FGC - FGC § 1617
(a) The department may adopt general agreements for the cultivation of cannabis. (b) Any general agreement adopted by the department subsequent to adoption of regulations under this section shall be in lieu of an individual agreement described in subparagraph (B) of paragraph (4)
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Fish and Game Code - FGC - FGC § 1650
Fish and Game Code - FGC - FGC § 1650
This chapter shall be known, and may be cited, as the Habitat Restoration and Enhancement Act.
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Fish and Game Code - FGC - FGC § 16500
Fish and Game Code - FGC - FGC § 16500
The Legislature finds: (a) Jurisdiction over the protection and development of natural resources, especially the fish resource, is of great importance to both the State of California and California Indian tribes. (b) To California Indian tribes, control over their minerals, lands
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Fish and Game Code - FGC - FGC § 1651
Fish and Game Code - FGC - FGC § 1651
As used in this chapter: (a) “Fish passage guidelines” means those guidelines specified in the department’s California Salmonid Stream Habitat Restoration Manual and the National Marine Fisheries Service, Southwest Region, Guidelines for Salmonid Passage at Stream Crossings, and
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Fish and Game Code - FGC - FGC § 16510
Fish and Game Code - FGC - FGC § 16510
The definition in this chapter shall govern the construction of this division.