Terms Used In California Codes > Fish and Game Code > Division 4 > Part 1 > Chapter 1 - General Provisions

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Age: refers to the chronological age of any individual who has reached a 40th birthday. See California Government Code 12926
• Agency: means a statewide office, nonelective officer, department, division, bureau, board, commission, or agency in the executive branch of the state government, except that it shall not apply to an agency whose primary function is service to the Legislature or judicial branches of state government or to an agency that is administered by an elective officer. See California Government Code 12080
• Agency that is administered by an elective officer: includes the State Board of Equalization but not a board or commission on which an elective officer serves in an ex officio capacity. See California Government Code 12080
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Ballot card: means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. See California Elections Code 302
• Ballot label: means :

  California Elections Code 303

• Ballot title and summary: means , for a statewide initiative measure or measure proposed by the Legislature, the summary of the chief purpose and points including the fiscal impact summary of any measure that appears in the state voter information guide. See California Elections Code 303.5
• 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 State Water Resources Control Board. See California Health and Safety Code 25299.100
• Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Fish and Game Code 24
• Circulating title and summary: means the text that is required to be placed on a petition for signatures that is either one of the following:

  California Elections Code 303.5

• City: includes city and county. See California Business and Professions Code 18
• 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
• compensation: means the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:

  California Government Code 20630

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservation easement: means an interest in real property as defined in §. See California Public Resources Code 5902
• Conviction: A judgement of guilt against a criminal defendant.
• Council: means the Civil Rights Council and "council member" means a member of the council. See California Government Code 12925
• County: includes city and county. See California Health and Safety Code 14
• County: includes city and county. See California Business and Professions Code 17
• County: includes city and county. See California Fish and Game Code 32
• County: includes city and county. See California Food and Agricultural Code 29
• creed: include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. See California Government Code 12926
• Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
• 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.
• department: means State Department of Health Services. See California Health and Safety Code 20
• Department: means the Civil Rights Department. See California Government Code 12925
• Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Director: means the Director of Civil Rights. See California Government Code 12925
• Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
• disaster: means a war or enemy-caused calamity occurring in the State of California, such as an attack by nuclear weapons, as a result of which the incumbent Governor is either killed, missing, or so seriously injured as to be unable to perform the Governor's duties. See California Government Code 12060
• Discrimination: includes refusal to sell, rent, or lease housing accommodations. See California Government Code 12927
• District: means any regional park or open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 and any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780) of Division 5. See California Public Resources Code 5902
• Donor: The person who makes a gift.
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• equipment: includes (1) schoolbuses, (2) other motor vehicles, (3) test materials, educational films, and audiovisual materials, and (4) all other items defined as equipment or service systems in the Community College Budget and Accounting Manual. See California Education Code 81550
• 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}
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the California Wildlife, Coastal, and Park Land Conservation Fund of 1988 created pursuant to Section 5906. See California Public Resources Code 5902
• Gender: means sex, and includes a person's gender identity and gender expression. See California Government Code 12926
• Gender expression: means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. See California Government Code 12926
• General election: means either of the following:

  California Elections Code 324

• Genetic information: includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. See California Government Code 12926
• Grant applicant: means a small business that applies to the board for a grant pursuant to this chapter. See California Health and Safety Code 25299.100
• 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.
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• 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}
• Jurisprudence: The study of law and the structure of the legal system.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Loan applicant: means a small business that applies to the board for a loan pursuant to this chapter. See California Health and Safety Code 25299.100
• 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
• Medical condition: means either of the following:

  California Government Code 12926

• Mental disability: includes , but is not limited to, all of the following:

  California Government Code 12926

• Natural lands: means an area of relatively undeveloped land which (1) has substantially retained its characteristics as provided by nature or has been substantially restored, or which can be feasibly restored, to a near-natural condition, and which has outstanding wildlife, scenic, open-space, or park resources, or a combination thereof, or (2) meets the definition of open-space land in §. See California Public Resources Code 5902
• 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
• Nonmember: as used in this article , means the spouse or former spouse of a member, who as a result of petitioning the court for the division of community property, has been awarded a distinct and separate account reflecting specific credited service and accumulated contributions. See California Government Code 21291
• Nonprofit organization: means any charitable organization described in Section 501(c)(3) of the federal Internal Revenue Code, which has among its primary purposes the conservation and preservation of wetlands or of lands predominantly in their natural, scenic, historical, agricultural, forested, or open-space condition. See California Public Resources Code 5902
• Nonresident: means a person who is not a resident as defined in Section 70. See California Fish and Game Code 57
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See California Government Code 15
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Fish and Game Code 62
• Oversight: Committee review of the activities of a Federal agency or program.
• Park: means a tract of land with outstanding scenic, natural, open-space, or recreational values, set apart to conserve natural, scenic, cultural, or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration, or enjoyment. See California Public Resources Code 5902
• 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: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. See California Government Code 12925
• 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
• Personal property: All property that is not real property.
• Physical disability: includes , but is not limited to, all of the following:

  California Government Code 12926

• physical therapy: as used in this chapter , and a license issued pursuant to this chapter does not authorize the diagnosis of disease. See California Business and Professions Code 2620
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Project tanks: means tanks that would be upgraded, replaced, or removed with loan or grant funds. See California Health and Safety Code 25299.100
• property: includes property real and personal. See California Civil Code 14
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protective hairstyles: includes , but is not limited to, such hairstyles as braids, locks, and twists. See California Government Code 12926
• Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Religious duties: means duties of employment connected with carrying on the religious activities of a religious corporation or association. See California Government Code 12926.2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reorganization: means :

  California Government Code 12080

• Reproductive health decisionmaking: includes , but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. See California Government Code 12926
• Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code. See California Fish and Game Code 70
• Resolution: means a resolution of either house of the Legislature resolving as follows:

  California Government Code 12080

• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Riparian habitat: means lands that contain habitat which grows close to and which depends upon soil moisture from a nearby freshwater source. See California Public Resources Code 5902
• season: means "open season. See California Fish and Game Code 62
• Sell: includes offer or possess for sale, barter, exchange, or trade. See California Fish and Game Code 75
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: includes , but is not limited to, the following:

  California Government Code 12926

• Sexual orientation: means heterosexuality, homosexuality, and bisexuality. See California Government Code 12926
• Signature: includes either of the following:

  California Elections Code 354.5

• Source of income: includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. See California Government Code 12927
• 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
• Statewide election: is a n election held throughout the state. See California Elections Code 357
• Stewardship: means the development and implementation of major programs for the protection, rehabilitation, restoration, and enhancement of the basic natural systems and outstanding scenic features of the state park system. See California Public Resources Code 5902
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
• Tank: means an underground storage tank, as defined in Section 25281, used for the purpose of storing petroleum, as defined in Section 25299. See California Health and Safety Code 25299.100
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Veteran or military status: means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. See California Government Code 12926
• Wetlands: means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. See California Public Resources Code 5902
• 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
• will: includes codicil. See California Civil Code 14
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.