Commission Policies
It is the policy of the Fish and Game Commission that:
The agenda of all meetings of the Commission shall close at 5:00 p.m., 25 days prior to the meeting date, provided, however, that any Commissioner or the Executive Director may add any emergency item or items to the agenda within two days of the meeting date. All Department initiated agenda items shall be submitted to the Commission office no later than 25 days prior to the meeting date. The Department's comments on all other agenda items shall be submitted to the Commission office no later than 15 days prior to the meeting date.
Notwithstanding the deadlines specified above, by January 30 of each year, the Executive Director shall provide the Director with a schedule indicating the deadlines for receiving materials relating to the receipt, discussion and adoption of sport fishing, and hunting and trapping regulations.
(Amended 12/4/92)
COMMISSION OFFICE STAFFING NEEDS
It is the policy of the Fish and Game Commission that:
The Department shall provide the Commission with the necessary staff in order that it may adequately carry out its legislatively mandated responsibilities.
(Amended 12/4/92, 2/1/2007)
CRITERIA FOR CONSIDERING APPEALS OF PERMANENT REVOCATIONS OF A SPORT OR COMMERCIAL LICENSE OR PERMIT
It is the policy of the Commission that:
I. Where a person formerly held a permit, license or similar authorization issued under the Fish and Game Code or Title 14, Division 1, California Code of Regulations, and such permit, license or similar authorization has been revoked, the following procedures shall apply to his or her petition for reinstatement.
II. The petition shall contain a recitation of the facts giving rise to the revocation, the date, time and location of the offense(s), the date of the revocation, and a short and plain statement of the reasons supporting the request for reinstatement. Any statements of witnesses in support of the petition shall be executed under penalty of perjury, pursuant to Code of Civil Procedure Sections 2009-2015.6. Official records shall be certified.
III. Where the revocation was based upon a conviction, the grounds set out below in subdivisions IV. and V. are the only grounds for a petition for reinstatement.
A. The procedures set forth in this section shall not apply to a person described in subdivision (a) of Fish and Game Code Section 4340 or 4754, and any person whose license or permit privileges have been suspended or revoked subject to the terms of the Wildlife Violator Compact as set forth in Fish and Game Code Section 716.
IV. Where the claim for reinstatement is based upon wrongful revocation, the following shall apply:
A. If the revocation was based upon a conviction in a court of competent jurisdiction, no consideration of any petition for reinstatement shall be considered until there has been a setting aside or vacation of the conviction on grounds consistent with factual innocence of illegal conduct. A setting aside, vacation, expungement, or dismissal based upon completion of probation, rehabilitation or other ground not entailing a finding consistent with factual innocence shall not constitute satisfaction of this subdivision.
B. The following grounds shall be the only grounds upon which a claim of wrongful revocation: (1) extrinsic fraud, (2) mutual mistake, (3) newly discovered evidence which in the exercise of reasonable diligence could not have been discovered and produced at the revocation hearing.
C. The burden of proof shall be upon the petitioner to show by clear and convincing evidence that but for the defect in the proceedings a different result would have been had.
V. Where the claim is based upon rehabilitation, the following shall apply:
A. If the revocation was based upon a conviction in a court of competent jurisdiction, no consideration of any petition for reinstatement shall be considered until there has been a setting aside, vacation, expungement, or dismissal of the conviction on grounds consistent with rehabilitation, if such remedy is available. If such remedy is not available, such unavailability shall appear affirmatively in the petition, together with recitation of the legal authority upon which statement of unavailability is based. Completion of the sentence imposed, including completion of probation, shall not constitute sufficient grounds for reinstatement in the absence of satisfaction of subdivision V.B.
B. In all cases, a period of at least five years of record free from misconduct relating to the resources of California or to any criminal conduct, excepting only Vehicle Code infractions, shall be the minimum.
VI. All petitions shall be reviewed by the Commission's legal counsel. If, in the opinion of legal counsel, there is a substantial showing of all elements of the claim for reinstatement, he or she shall refer the matter to the Commission for further proceedings. The Commission may either place the matter on the agenda for hearing or refer it to a hearing officer. If, in the opinion of legal counsel, there is not a substantial showing of one or more of the elements of the claim for reinstatement, he or she shall recommend to the Executive Director of the Commission the matter not be placed on the agenda. In the case of a decision not to place the matter on the agenda, such decision shall constitute final administrative action.
VII. For matters referred to a hearing officer:
A. The hearing officer may be an Administrative Law Judge of the State of California, the Commission's legal counsel, a former Executive Director of the Commission or other experienced member of the State Bar of California, or a Commissioner as the Commission in its discretion may select.
B. The hearing shall be conducted in the same manner as set out in California Code of Regulations, Title 14, Section 746 of these regulations, except as modified by the hearing officer for good cause.
C. The hearing officer shall provide to the Commission a proposed decision. The Commission may adopt, revise or reject the proposed decision.
VIII. Matters placed on agenda and not referred to a hearing officer shall be heard by the Commission in the same manner as hearings on other license and permit matters.
IX. The petition may be granted in the discretion of the Commission only upon finding of both (1) that the foregoing subdivisions have been satisfied and (2) that in the judgment of the Commission reinstatement would not present an unreasonable risk of harm to either the public or natural resources of California.
X. Within 30 days after the service of a copy of the decision under subdivision VI. or subdivision VII.C., the petitioner may file a petition for writ of mandate under Code of Civil Procedure Section 1085, for review of the order.
(Adopted: October 3, 1996; Amended 2/2/2006, 2/1/2007)
It is the policy of the Fish and Game Commission that:
Whenever possible, the presidency of the Commission shall change annually with the most senior member serving as president and the next most senior member serving as vice president, except a Commissioner shall not serve more than two consecutive years as president. If the office of the presidency should become vacant during the year, the vice president shall automatically become president and the Commission shall select the next most senior member as the new vice president.
(Amended 4/7/94)
IMPLEMENTATION AND REVIEW OF POLICIES
It is the policy of the Fish and Game Commission that:
The Fish and Game Commission shall regularly review implementation by the Department of Commission policy. To assist in this review, the Department shall, upon request by the Commission, report on the subject of departmental adherence to specified Commission policies, and any administrative problems posing a need for modifying, repealing or adding Commission policies.
In addition, the Department shall report annually to the Commission on its programs and shall keep the Commission apprised of its activities through the presentation of informational items at the Commission meetings. Such reports shall include any significant anticipated changes in its programs for the forthcoming year and any limitation of financial or staffing resources which have hindered or may hinder the implementation of programs which are mandated by Commission policies.
The Department shall also report on its review of the following four elements: budget, legislation, environmental mitigation, and Department controlled lands.
I. Budget: The Commission shall receive an annual written and oral presentation by the Department at its early August meeting. The Department's report shall include, but not be limited to, the following: (1) proposed changes in personnel allocation and programmatic emphasis and shall evaluate impacts of proposals on policy implementation; (2) projected revenue shortfalls which may inhibit policy implementation; (3) revenue surpluses or deficits in relation to major expenditure categories; and (4) 10 year trends in relation to: (a) population, (b) inflation, (c) license sales, and (d) other income. At periodic Commission Budget Subcommittee meetings, the Department shall report on major programmatic budgeted and actual expenditures as well as any other budget information the Commission believes is important in fulfilling its role as an oversight body.
II. Legislation: The Department shall report to the Commission on adherence to its policy on legislation. In addition, the Department shall provide an informational item at each Commission meeting regarding its proposed legislation or any legislation affecting the Department or the Commission and its position on the legislation.
III. Environmental Review: The Commission shall receive written departmental reports regarding major proposed land, water and marine projects which may have a significant impact on fish or wildlife habitat or environmentally sensitive habitat. Said reports shall include departmental evaluation of potential impacts, recommendation for project mitigation or opposition, and consistency of recommendations with Commission policy.
IV. Department Controlled Lands: The Commission shall receive a list of lands controlled by the Department along with the specific location, a map and a general description of the lands, the use of any revenue derived from the lease or use of said lands, the lessee or lessor, the expiration date of such leases, and any significant conflicts or impacts the use of the lands may have on wildlife. The Department, through the surname process, shall keep the Commission's Executive Director informed of any modifications of this information, and amendments to any existing leases.
The Commission shall review all information and recommendations for policy consistency. The Commission may delegate initial review of the above information to Commission staff.
(Amended 12/4/92, 6/7/07)
It is the policy of the Fish and Game Commission that:
The Department shall inform the Commission of legislation it proposes to sponsor (introduce). The Commission shall receive monthly written and oral reports from the Department summarizing the status of legislation affecting fish and wildlife resources and the Department's position on such legislation. The report shall include departmental analysis of consistency of each bill with Commission policy and with the Department's and Commission's Mission Statement.
(Amended 12/4/92)
RETENTION OF COMMISSION RECORDS
It is the policy of the Fish and Game Commission that:
I.The Commission's regulatory rulemaking files shall be retained on file in the Commission office or the State Archives for public and judicial review pursuant to Section 11347.3(e) and (f) of the Government Code .
II. The Commission's nonregulatory files and records not addressed specifically in Section 1600 of the State Administrative Manual shall be retained on file in the Commission office for a period of three calendar years, and thereafter shall be destroyed unless it is determined by the Executive Director that such documents are of historical or reference value.
(Amended 8/1/2003)