CHAPTER 1. Organization [101 - 110]
( Chapter 1 enacted by Stats. 1957, Ch. 456. )
There is in the Resources Agency the Fish and Game Commission created by Section 20 of Article IV of the Constitution.
(Amended by Stats. 1969, Ch. 55.)
(a) The Legislature finds and declares that the scope and responsibilities of the commission have significantly expanded over the years as the size and diversity of California’s population have increased, and as the scientific knowledge of the habitat conservation and ecosystem-based management needs of wildlife has expanded. The members of the commission are expected to make complex public policy and biological decisions on behalf of the people of California. The commission is created by the California Constitution, which does not include any criteria or qualifications for selection and appointment of commissioners.
(b) It is therefore the intent of the Legislature to
encourage the Governor and the Senate Committee on Rules to consider the
following minimum qualifications in selecting, appointing, and confirming commissioners to serve on the commission:
(1) The degree to which the appointee will enhance the diversity of background and geographic representation of the commission.
(2) The appointee’s demonstrated interest and background in, and familiarity with, wildlife and natural resources management programs at the state or federal level.
(3) The appointee’s previous experience in public policy decisionmaking, including government processes involving public participation.
(4) The appointee’s commitment to prepare for and attend meetings and subcommittee meetings of the commission
and to comply with all applicable state conflict-of-interest laws.
(5) The extent of the appointee’s exposure to and experience with the basic science underpinning the management of living natural resources.
(6) The appointee’s diversity of knowledge of natural resource issues and related scientific disciplines, including, but not limited to, outdoor recreation.
(Added by Stats. 2012, Ch. 592, Sec. 1. (AB 2609) Effective January 1, 2013.)
(a) The commissioners shall annually elect one of their number as president and one as vice president, by a concurrent vote of at least three commissioners.
(b) The president or vice president may be removed from the position of president or vice president by a vote, at any time, of at
least three commissioners.
(c) In the event of a vacancy in either the position of president or vice president, the commission shall fill that vacancy at the next regularly scheduled meeting of the commission. The elected successor president or vice president shall serve for the unexpired term of the predecessor until the annual election pursuant to subdivision (a).
(d) The commission may not adopt or enforce a policy or a regulation that provides for the president and vice president to be chosen by seniority nor may the commission adopt or enforce any other policy or regulation that would make a commissioner ineligible to be elected as president or vice president of the commission.
(Amended by Stats. 2017, Ch. 521, Sec. 2. (SB 809) Effective January 1, 2018.)
(a) Each of the commissioners shall receive one hundred dollars ($100) for each day of actual service performed in carrying out his or her official duties pursuant to law, but the amount of this compensation shall not exceed for any one commissioner the sum of five hundred dollars ($500) for any one calendar month. In addition to this compensation, the commissioners shall receive their actual and necessary expenses incurred in the performance of their duties.
(b) The compensation and expenses provided in this section shall be paid out of the Fish and Game Preservation Fund.
(Amended by Stats. 2007, Ch. 419, Sec. 2. Effective October 10, 2007.)
The commission may employ a staff, including an executive director, to assist the commission in conducting its operations, but neither the commission nor its staff shall have or be given any powers in relation to the administration of the department.
(Amended by Stats. 2006, Ch. 667, Sec. 1. Effective January 1, 2007.)
The commission shall form a marine resources committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all marine resource matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant marine living resource management documents are being developed.
(Amended by Stats. 1999, Ch. 483, Sec. 3. Effective January 1, 2000.)
The commission shall form a wildlife resources committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all nonmarine resource matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant wildlife resource management documents are being developed.
(Added by Stats. 2013, Ch. 233, Sec. 2. (AB 497) Effective January 1, 2014.)
The commission shall form a tribal committee from its membership consisting of at least one commissioner. The committee shall report to the commission from time to time on its activities and shall make recommendations on all tribal matters considered by the commission. The committee or its designee shall, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant tribal management documents are being developed.
(Added by Stats. 2017, Ch. 457, Sec. 1. (SB 161) Effective January 1, 2018.)
The commission shall adopt a code of conduct that requires, at a minimum, that a commissioner adhere to the following principles:
(a) A commissioner shall faithfully discharge the duties, responsibilities, and quasi-judicial actions of the commission.
(b) A commissioner shall conduct his or her affairs in the public’s best interest, following principles of fundamental fairness and due process of law.
(c) A commissioner shall conduct his or her affairs in an open, objective, and impartial manner, free of undue influence and the abuse of power and authority.
(d) A commissioner understands that California’s wildlife and natural resources programs require public awareness, understanding, and support of, and participation and confidence in, the commission and its practices and procedures.
(e) A commissioner shall preserve the public’s welfare and the integrity of the commission, and act to maintain the public’s trust in the commission and the implementation of its regulations and policies.
(f) A commissioner shall not conduct himself or herself in a manner that reflects discredit upon state laws or policies, regulations, and principles of the commission.
(g) A commissioner shall not make, participate in making, or in
any other way attempt to use his or her official position to influence a commission decision in which the member has a financial interest.
(Added by Stats. 2012, Ch. 592, Sec. 4. (AB 2609) Effective January 1, 2013.)
By July 1, 2013, the commission shall adopt rules to govern the business practices and processes of the commission.
(Added by Stats. 2012, Ch. 592, Sec. 5. (AB 2609) Effective January 1, 2013.)
(a) The commission shall hold no fewer than eight regular meetings per calendar year, if the commission has adequate funding for related travel, including funding for department travel. The commission may also hold special meetings or hearings to receive additional input from the department and the public.
(b) The commission shall announce the dates and locations of meetings for the year by January 1 of that year, or 60 days prior to the first meeting, whichever comes first. Meeting locations shall be accessible to the public and located throughout the state. To the extent feasible, meetings shall be held in state facilities. In setting the dates and locations for regular meetings, the commission
shall also consider the following factors:
(1) Recommendations of the department.
(2) Opening and closing dates of fishing and hunting seasons.
(3) The schedules of other state and federal regulatory agencies whose regulations affect the management of fish and wildlife of this state.
(c) The commission shall cause the notice of the schedule for regular meetings, and notice of any change in the date and location of a meeting, to be disseminated to the public in a manner that will result in broad dissemination and that complies with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
(Added by renumbering Section 206 by Stats. 2016, Ch. 546, Sec. 7. (SB 1473) Effective January 1, 2017.)