Terms Used In California Codes > Fish and Game Code > Division 2 > Chapter 4 - Wildlife Conservation Law of 1947

• Act: means the California Native American Graves Protection and Repatriation Act of 2001 established pursuant to Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of . See California Education Code 92618
• Aggrieved: means and refers to any of the following persons or entities:

  California Civil Code 3427

• Aggrieved party: means a party entitled to pursue a remedy. See California Commercial Code 1201
• Animal: means any amphibian, bird, mammal or reptile. See California Civil Code 3504
• assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
• Board: means the Board of Supervisors of the County of Los Angeles. See California Elections Code 21530
• Board: means the Board of Supervisors of the County of Riverside. See California Elections Code 21540
• Board: means the Board of Supervisors of the County of San Diego. See California Elections Code 21550
• Board: means the Board of Supervisors of the County of Fresno. See California Elections Code 21560
• Board: means the Board of Supervisors of the County of Orange. See California Elections Code 21580
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• Cardcheck agreement: means a written agreement between an employer and a labor organization providing a procedure for determining employee preference on the subject of whether to be represented by a labor organization for collective bargaining, and if so, by which labor organization to be represented, that provides, at a minimum, the following:

  California Education Code 92625.1

• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• check casher: means a person or entity that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. See California Civil Code 1789.31
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• clerk: means the clerk of a county or the legislative body thereof. See California Government Code 50270.5
• Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
• Clerk of the Board of Supervisors: means the Clerk of the Board of Supervisors of the County of San Diego. See California Elections Code 21550
• Collective bargaining agreement: means an agreement between an employer and a labor organization regarding wages, hours, and other terms and conditions of employment of the employer's employees. See California Education Code 92625.1
• Commercial blockade: means acts constituting the tort of commercial blockade, as defined in Section 3427. See California Civil Code 3427
• Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See California Commercial Code 10103
• Commission: means the Citizens Redistricting Commission in the County of Los Angeles established pursuant to Section 21532. See California Elections Code 21530
• Commission: means the Citizens Redistricting Commission in the County of Riverside established pursuant to Section 21542. See California Elections Code 21540
• Commission: means the Independent Redistricting Commission established by subdivision (b). See California Elections Code 21550
• Commission: means the Citizens Redistricting Commission in the County of Fresno established pursuant to Section 21562. See California Elections Code 21560
• Commission: means the Citizens Redistricting Commission in the County of Orange established pursuant to Section 21582. See California Elections Code 21580
• Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
• Committee: means the Pooled Money Investment Board. See California Government Code 17220
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community water system: means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system. See California Health and Safety Code 116275
• Consumer: means any natural person who is solicited to purchase or who purchases the services of a credit services organization. See California Civil Code 1789.12
• Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose. See California Commercial Code 10103
• Contaminant: means any physical, chemical, biological, or radiological substance or matter in water. See California Health and Safety Code 116275
• County: includes "city and county. See California Corporations Code 14
• County: includes city and county. See California Government Code 19
• County: includes "city and county. See California Public Resources Code 14
• County: includes "city and county. See California Welfare and Institutions Code 14
• County: includes city and county. See California Fish and Game Code 32
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit services organization: means a person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that the person can or will sell, provide, or perform, any of the following services, in return for the payment of money or other valuable consideration:

  California Civil Code 1789.12

• Dangerous condition: means a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used. See California Government Code 830
• Defensible space: means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas. See California Government Code 51177
• Department: means the state board. See California Health and Safety Code 116275
• Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
• Deputy director: means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271. See California Health and Safety Code 116275
• Director: means the Director of Forestry and Fire Protection. See California Government Code 51177
• Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
• directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 5047
• Disadvantaged community: means the entire service area of a community water system, or a community therein, in which the median household income is less than 80 percent of the statewide annual median household income level. See California Health and Safety Code 116275
• Disrupting the normal functioning of a health care facility: means intentionally rendering or attempting to render a health care facility temporarily or permanently unavailable or unusable by a licensed health practitioner, the facility's staff, or patients. See California Civil Code 3427
• District: means fish and game district. See California Fish and Game Code 41
• economic opportunity: means any of the following:

  California Government Code 52200.2

• Election: means any election including a primary that is provided for under this code. See California Elections Code 318
• Elections official: means any of the following:

  California Elections Code 320

• Electrolysis: as used in this chapter includes electrolysis or thermolysis. See California Business and Professions Code 7316
• executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Corporations Code 17.1
• Extension of credit: means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. See California Civil Code 1789.12
• Facility: means any campus, school, cafeteria, store, hospital, clinic, institute, laboratory, or office owned or operated by the university, or at which the normal educational or administrative functions of the university are conducted. See California Education Code 92625.1
• Finance lease: means a lease with respect to which (A) the lessor does not select, manufacture, or supply the goods, (B) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease, and (C) one of the following occurs:

  California Commercial Code 10103

• Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
• Flow line: means a pipeline that transports hazardous liquid substances from the well head to a treating facility or production storage facility. See California Government Code 51010.5
• Fuel: means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation. See California Government Code 51177
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• GIS mapping system: means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a database that is accessible to the public. See California Government Code 51010.5
• Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 10309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See California Commercial Code 10103
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grant of an open-space easement: means a grant by an instrument whereby the owner relinquishes to the public, either in perpetuity or for a term of years, the right to construct improvements upon the land except as may be expressly reserved in the instrument and which contains a covenant with the city or county, running with the land, either in perpetuity or for a term of years, not to construct or permit the construction of any improvements, except as that right is expressly reserved in the instrument and except for public service facilities installed for the benefit of the land subject to any covenant or public service facilities installed pursuant to an authorization by the governing body of the city or county or the Public Utilities Commission. See California Government Code 51051
• Health care facility: means a facility that provides health care services directly to patients, including, but not limited to, a hospital, clinic, licensed health practitioner's office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home. See California Civil Code 3427
• Hydrostatic testing: means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium. See California Government Code 51010.5
• Immediate family member: means a spouse, child, in-law, parent, or sibling. See California Elections Code 21530
• Immediate family member: means a spouse, child, in-law, parent, or sibling. See California Elections Code 21540
• Immediate family member: means a spouse, child, in-law, parent, or sibling. See California Elections Code 21550
• Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See California Civil Code 3426.1
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See California Commercial Code 10103
• Institution: means a campus of the University of California. See California Education Code 92618
• Labor organization: means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions or work. See California Education Code 92625.1
• Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See California Commercial Code 10103
• Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this division. See California Commercial Code 10103
• Lease contract: means the total legal obligation that results from the lease agreement as affected by this division and any other applicable rules of law. See California Commercial Code 10103
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
• Lessee: means a person who acquires the right to possession and use of goods under a lease. See California Commercial Code 10103
• Lessor: means a person who transfers the right to possession and use of goods under a lease. See California Commercial Code 10103
• license: includes certificate or permit. See California Business and Professions Code 5096.7
• Local agency: means a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone. See California Government Code 51177
• Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
• Local health officer: means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program. See California Health and Safety Code 116275
• Lot: means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See California Commercial Code 10103
• Maximum contaminant level: means the maximum permissible level of a contaminant in water. See California Health and Safety Code 116275
• Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See California Commercial Code 10103
• Misappropriation: means :

  California Civil Code 3426.1

• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Motion picture: means any motion picture, regardless of length or content, which is exhibited in a motion picture theater to paying customers, or is exhibited on television to paying customers or under the sponsorship of a paying advertiser. See California Civil Code 3504
• Motor vehicle fuel: includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, which is used or is usable for propelling motor vehicles operated by the explosion type engine. See California Government Code 51010.5
• Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Fish and Game Code 56
• Noncommunity water system: means a public water system that is not a community water system. See California Health and Safety Code 116275
• Nontransient noncommunity water system: means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year. See California Health and Safety Code 116275
• Owner: means any lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the easement or any extension thereof. See California Government Code 51051
• Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
• Person: includes an individual, corporation, partnership, joint venture, or any business entity. See California Civil Code 1789.12
• Person: means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees. See California Civil Code 3504
• Person: means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See California Civil Code 3426.1
• Person: means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution, including the United States to the extent authorized by federal law. See California Health and Safety Code 116275
• Person: includes a corporation as well as a natural person. See California Corporations Code 18
• Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
• Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Fish and Game Code 67
• Pipeline: includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five of these facilities in the state. See California Government Code 51010.5
• Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
• Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
• Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See California Commercial Code 10103
• Primary drinking water standards: means :

  California Health and Safety Code 116275

• Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• Proprietary interest: means any nonregulatory arrangement or circumstances in which the financial or other nonregulatory interests of the university in a service contract could be adversely affected by labor-management conflict or consumer boycotts potentially resulting from a union organizing campaign. See California Education Code 92625.1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protect against: includes repairing, remedying or correcting a dangerous condition, providing safeguards against a dangerous condition, or warning of a dangerous condition. See California Government Code 830
• Public drinking water well: means a wellhead that provides drinking water to a public water system as defined in §. See California Government Code 51010.5
• Public health goal: means a goal established by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365. See California Health and Safety Code 116275
• Public water system: means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. See California Health and Safety Code 116275
• Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See California Commercial Code 10103
• Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
• Refunding warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to provide funds for the payment of reimbursement warrants bearing a fixed maturity date or warrants issued pursuant to Section 17211. See California Government Code 17240
• Reimbursement warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to reimburse the General Cash Revolving Fund for demands against the General Fund for which warrants were drawn against the General Cash Revolving Fund. See California Government Code 17240
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Resident: means a person who physically occupies, whether by ownership, rental, lease, or other means, the same dwelling for at least 60 days of the year. See California Health and Safety Code 116275
• Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. ^{Source: OCC}
• Rural area: means a location that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development. See California Government Code 51010.5
• Secondary drinking water standards: means standards that specify maximum contaminant levels that, in the judgment of the state board, are necessary to protect the public welfare. See California Health and Safety Code 116275
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• Sell: includes offer or possess for sale, barter, exchange, or trade. See California Fish and Game Code 75
• Service contract: means a lease, management agreement, service agreement, loan bond, guarantee, or other similar agreement to which the university is a party and in which the university has a proprietary interest. See California Education Code 92625.1
• Service contractor: means an individual, corporation, unincorporated association, partnership, or other entity, other than a collection agency retained by the university to enforce a financial obligation owed to the university, that, pursuant to a service contract, provides goods or services to the university. See California Education Code 92625.1
• Signature: includes either of the following:

  California Elections Code 354.5

• Significant rise in the bacterial count of water: means a rise in the bacterial count of water that the state board determines, by regulation, represents an immediate danger to the health of water users. See California Health and Safety Code 116275
• Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
• solar collector: includes a fixed device, structure, or part of a device or structure that is used primarily to transform solar energy into thermal, chemical, or electrical energy and that is installed on the ground because a solar collector cannot be installed on the roof of the building receiving the energy due to inappropriate roofing material, slope of the roof, structural shading, or orientation of the building. See California Public Resources Code 25981
• Spouse: includes "registered domestic partner" as required by §. See California Elections Code 356.5
• State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
• State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• State board: means the State Water Resources Control Board. See California Health and Safety Code 116275
• State small water system: means a system for the provision of piped water to the public for human consumption that serves at least 5, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year. See California Health and Safety Code 116275
• Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
• Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See California Commercial Code 10103
• Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
• Town: includes "unincorporated town" and "village. See California Government Code 21
• Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

  California Civil Code 3426.1

• Unapplied money: means money in the General Fund in the treasury for which outstanding warrants have not already been drawn and which would remain in the General Fund if all outstanding warrants theretofore drawn were paid. See California Government Code 17220
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• University: means the University of California and its governing body, the Regents of the University of California. See California Education Code 92625.1
• User: means a person using water for domestic purposes. See California Health and Safety Code 116275
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Vegetation: means all plants, including trees, shrubs, grass, and perennial or annual plants. See California Government Code 51177
• Very high fire hazard severity zone: means an area designated as a very high fire hazard severity zone by the State Fire Marshal pursuant to Section 51178 that is not a state responsibility area. See California Government Code 51177
• Vote center: means a location established for holding elections that offers the services described in Sections 2170 and 4005. See California Elections Code 357.5
• Voter: means any elector who is registered under this code. See California Elections Code 359
• Waterworks standards: means regulations adopted by the state board entitled "California Waterworks Standards" (Chapter 16 (commencing with Section 64551) of Division 4 of Title 22 of the California Code of Regulations). See California Health and Safety Code 116275
• Wildfire: means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire. See California Government Code 51177
• Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5