Terms Used In California Codes > Fish and Game Code > Division 2 > Chapter 5 - Fish and Game Management

• Accepting county: means the county accepting transferred territory by reason of a county boundary change. See California Government Code 23231
• Affected county: means any county which contains or would contain territory which is the subject of a boundary change. See California Government Code 23201
• Affected territory: means any unincorporated area which is proposed to be transferred from one county to another. See California Government Code 23201
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Bag limit: means the maximum limit, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may lawfully be taken by any one person during a specified period of time. See California Fish and Game Code 18
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
• Board: means the governing body of a local taxing entity. See California Government Code 975
• Bonds: as used in this chapter means the written evidence of any obligation incurred by the board payable out of revenues as provided in this chapter in order to secure funds with which to carry out the purposes of this chapter irrespective of the form of such obligation whether in the form of bonds, notes, debentures, interest bearing certificates or other forms prescribed by the board. See California Government Code 26399
• Clerk: means the clerk of a county board of supervisors. See California Government Code 23231
• Commission: means the County Boundary Review Commission. See California Government Code 23231
• 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
• Conducting county: means any county whose board of supervisors adopts a resolution pursuant to Section 23206. See California Government Code 23201
• Consumer: means a natural person who has entered into a consumer contract with a seller. See California Civil Code 1799.201
• Consumer contract: means a writing prepared by a seller and, except as provided in subdivision (c) of Section 1799. See California Civil Code 1799.201
• Consumer contract guaranty: means a writing prepared by a seller and signed, or to be signed, by a guarantor which guarantees the obligation of a consumer under a consumer contract. See California Civil Code 1799.201
• Consumer credit contract: means any of the following obligations to pay money on a deferred payment basis, where the money, property, services or other consideration which is the subject matter of the contract is primarily for personal, family or household purposes:

  California Civil Code 1799.90

• Contaminant: means any physical, chemical, biological, or radiological substance or matter in water. See California Health and Safety Code 116275
• Continuance: Putting off of a hearing ot trial until a later time.
• Copy: means a reproduction, facsimile, or duplicate. See California Civil Code 1799.201
• County: includes "city and county. See California Corporations Code 14
• County: includes city and county. See California Health and Safety Code 14
• 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 Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• Creditor: means an individual, partnership, corporation, association or other entity, however designated, who enters into or arranges for consumer credit contracts in the ordinary course of business. See California Civil Code 1799.90
• Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
• Days: means calendar days. See California Civil Code 1799.201
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Department: means the state board. See California Health and Safety Code 116275
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
• department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
• Dependent: A person dependent for support upon another.
• 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
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• dissenting interest: means the interest of a limited partner that satisfies all of the following conditions:

  California Corporations Code 15911.21

• dissenting limited partner: means the recordholder of a dissenting interest, and includes an assignee of record of such an interest. See California Corporations Code 15911.21
• District: means fish and game district. See California Fish and Game Code 41
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• ecological reserve: means land or land and water areas that are designated as an ecological reserve by the commission pursuant to Section 1580 and that are to be preserved in a natural condition, or which are to be provided some level of protection as determined by the commission, for the benefit of the general public to observe native flora and fauna and for scientific study or research. See California Fish and Game Code 1584
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• 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
• Executor: A male person named in a will to carry out the decedent
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Financial institution: means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, insurance company, or person engaged in the business of lending money. See California Civil Code 1799.201
• Fiscal year: means a year beginning on July 1 and ending on June 30 unless the local public entity has adopted a different fiscal year as authorized by law, in which case "fiscal year" means the fiscal year adopted by such local public entity. See California Government Code 970
• 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
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• General fund reserves: means the general fund reserve balance as of July 1, 1978, that is not legally obligated. See California Government Code 16271
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods: means tangible and intangible personal property. See California Civil Code 1799.201
• Governing body: means the board of supervisors except that in the case of a subsidiary district "governing body" means the city council, and in the case of a multi-county district "governing body" means the governing body of the multi-county district itself. See California Government Code 16271
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guarantor: means a person who guarantees the obligation of a consumer under a consumer contract by signing a consumer contract guaranty. See California Civil Code 1799.201
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Indebtedness: means the net obligations of a county arising from contract or through the operation of law, other than short-term operational expenses, but including and not limited to obligations arising under general obligation bonds, leases, joint powers agreements, and similar obligations or contracts entered into by the county prior to the date on which a petition is filed. See California Government Code 23231
• 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}
• Inhabited territory: means territory within which there reside 12 or more registered voters at the time a resolution is adopted pursuant to Section 23203 or a petition is filed pursuant to Section 23205. See California Government Code 23201
• Initiating county: means any county whose board of supervisors adopts a resolution pursuant to Section 23203. See California Government Code 23201
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Judgment: means a final judgment for the payment of money rendered against a local public entity. See California Government Code 970
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• Local primacy agency: means a local health officer that has applied for and received primacy delegation pursuant to Section 116330. See California Health and Safety Code 116275
• Local public entity: includes a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state, but does not include the Regents of the University of California and does not include the state or any office, officer, department, division, bureau, board, commission or agency of the state claims against which are paid by warrants drawn by the Controller. See California Government Code 970
• Local taxing entity: means a local public entity that has the power to levy ad valorem taxes, or ad valorem assessments, upon property within the territory of the entity. See California Government Code 975
• Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Fish and Game Code 54
• MESA programs: means Mathematics, Engineering, Science, Achievement programs established at community colleges to help underserved and underrepresented students majoring in calculus-based science, technology, engineering, and mathematics academic fields who seek to transfer to four-year higher education institutions. See California Education Code 88681
• Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Fish and Game Code 55
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• mountainous lands: means all lands, irrespective of their angle of slope or other natural or manmade terrain features, within the territory of the conservancy that lie above the floor of the Coachella Valley, if there is no alluvial fan, or that lie above any alluvial fan extending onto the valley floor, as more specifically set forth in that certain map entitled "Coachella Valley Mountainous Lands Map" and dated ____ __, 1999, and placed on file with the Secretary of State, which map is hereby incorporated in this subdivision by this reference. See California Public Resources Code 33700
• Multi-county district: means any special district which includes territory in more than one county. See California Government Code 16271
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National emergency: as used in this part means any period in which the United States is at war prior to the declaration by the Governor of a state military emergency. See California Government Code 18540.1
• natural community conservation lands: means all lands within the territory of the conservancy, the preservation of which is necessary to implement a natural community conservation plan that has been approved by the Department of Fish and Game pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of . See California Public Resources Code 33700
• 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
• Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• Owner: means the owner as shown on the last equalized assessment roll, except that the person entitled to be shown as owner on the current assessment roll shall be deemed the owner, and except that, where the property affected is subject to a recorded written agreement to buy, the purchaser under such agreement to buy shall be deemed the owner. See California Government Code 23231
• 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: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• 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
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Possession limit: means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person. See California Fish and Game Code 19
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• prescription drug claims processor: as used in this part , means any nongovernmental entity which has a contractual relationship with purchasers of prepaid or insured prescription drug benefits, and which processes, consults, advises on, or otherwise assists in the processing of prepaid or insured prescription drug benefit claims submitted by a licensed California pharmacy or patron thereof. See California Civil Code 2527
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Primary drinking water standards: means :

  California Health and Safety Code 116275

• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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: means "buy" as defined in Section 24. See California Fish and Game Code 68
• Quorum: The number of legislators that must be present to do business.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revenue: as used in this chapter shall mean all fees, rates, charges, rentals or other income and revenue actually received or receivable by or for the account of the board from the operation of any particular project including without limiting the generality of the foregoing interest allowed on any moneys or securities and any proceeds derived from the sale of any securities and any consideration in any way derived from the particular project owned, operated or maintained by the board. See California Government Code 26400
• Royalty recipient: means a party to a contract for the furnishing of services in the production of sound recordings, as defined in Section 101 of Title 17 of the United States Code, who has the right to receive royalties under that contract. See California Civil Code 2500
• rural region: means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. See California Public Resources Code 14588.1
• season: means "open season. See California Fish and Game Code 62
• 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
• Seller: means a person who has entered into a consumer contract with a consumer. See California Civil Code 1799.201
• Service connection: means the point of connection between the customer's piping or constructed conveyance, and the water system's meter, service pipe, or constructed conveyance. See California Health and Safety Code 116275
• Services: means work, labor, and services, including depository services and other banking services. See California Civil Code 1799.201
• Special district: includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area. See California Government Code 16271
• spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
• State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
• 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 military emergency: as used in this part , means an emergency declared and terminable by the Governor by proclamation during, but not limited to, such times as the United States is conscripting personnel for service in the armed forces. See California Government Code 18540.2
• 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
• STEM majors: means calculus-based science, technology, engineering, and mathematics academic fields. See California Education Code 88681
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
• 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
• Subsidiary district: means a special district in which the city council of a city has been empowered to act as ex officio members of the board of directors of such district and either:

  California Government Code 16271

• Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transferring county: means the county from which territory is, or is proposed to be, transferred by reason of a county boundary change. See California Government Code 23231
• Transport: includes offer or receive for transportation. See California Fish and Game Code 88
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• unfair and predatory pricing: means the payment to consumers by a supermarket site, that receives handling fees for the redemption of beverage containers, in an amount that exceeds the sum of both of the following:

  California Public Resources Code 14588.1

• 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}
• Uninhabited territory: means territory where less than 12 persons who have been registered to vote within the territory for at least 54 days reside at the time of filing of a petition or resolution for county boundary change. See California Government Code 23231
• User: means a person using water for domestic purposes. See California Health and Safety Code 116275
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Value of the uninhabited territory: means the value of land and improvements thereon. See California Government Code 23231
• Venue: The geographical location in which a case is tried.
• Water distribution system: means any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer. See California Health and Safety Code 116275
• 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
• 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