Fish and Game Code — Part 8 | FGC — United States — California law | Esheria

Fish and Game Code

Part 8 of 12 · provisions 1,401–1,600

This section says the code is known as the Fish and Game Code.

Jurisdiction
United States — California
Instrument
Code
Citation
FGC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
Commercial Activities Commercial fishing Commercial fishing equipment Definitions Delta conveyance facilities Domesticated Game Breeding Fees Fishing gear possession restrictions Fishing lines Guide licensing Guide qualifications High seas interception Hook limits Indian fishing Marine reserves Public contests Public hearings Salmon processing Territorial coverage access control access restrictions access to land or water account administration account deposits +2,362 more

Statute overview

About this statute

The department must assess salmon escapement on the Eel, Smith, and Klamath River systems, use sonar fish-counting devices on the Klamath River as a three-year test, and report to the Legislature by January 1, 1990. People who process or wholesale sturgeon eggs for human consumption must get a sturgeon egg processing license from the department. The department must issue and deliver a sturgeon egg processing license when an application is made and the base fee is paid. Licensed persons must keep a true, legible record of each sturgeon egg transaction and include specified details about the eggs and related parties. The license holder must keep the documentation required by Section 10002 for two years after receiving the eggs and make it available to the department for inspection during normal business hours.

Read the provisions Ask with citations

Legal text

Provisions of Fish and Game Code

Showing 200 of 2,275

  1. 5505.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Mollusks, crustaceans, and amphibia may be used as bait or released in the same waters where they were taken.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5505. Mollusks, crustaceans, and amphibia may be used for bait or released in the same waters wherein taken. (Enacted by Stats. 1957, Ch. 456.)
  2. 5507.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person may not possess a fish spear or gaff within 300 feet of a lake or stream in California when spearing is prohibited there.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5507. (a) It is unlawful for any person to possess a fish spear or gaff within 300 feet of a lake or stream in this state, at a time when spearing is prohibited in that lake or stream. (b) This section does not apply to either of the following: (1) Possession of a gaff carried as an accessory while angling. (2) Possession of a fish spear or gaff in one’s own home. (Amended by Stats. 2023, Ch. 132, Sec. 102. (AB 1760) Effective January 1, 2024.)
  3. 5508.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person must not keep on a boat or land fish subject to a size or weight limit if the fish’s size or weight cannot be determined.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5508. It is unlawful to possess on any boat or to bring ashore any fish upon which a size or weight limit is prescribed in such a condition that its size or weight cannot be determined. The commission may adopt regulations, under which fish other than whole fish may be brought ashore, which establish sizes or weights for cleaned or otherwise cut fish equivalent to sizes or weights for whole fish. (Amended by Stats. 1967, Ch. 534.)
  4. 5509.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to have on a boat or land fish whose species cannot be determined, unless another code or regulation allows it.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5509. It is unlawful to possess on any boat or to bring ashore any fish in such a condition that the species cannot be determined, except as otherwise provided in this code or regulations adopted pursuant thereto. The commission, subject to the provisions of Section 5508, may adopt regulations whereby fish taken by persons fishing from a vessel licensed pursuant to Section 7920 may be brought ashore in such a condition that the species cannot be determined. (Amended by Stats. 1974, Ch. 1078.)
  5. 5510.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may adopt regulations about fish taken for non-profit purposes, including preventing deterioration and waste and regulating disposal of offal.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5510. The commission may adopt regulations to prevent deterioration and waste of fish taken for purposes other than profit, and to regulate the disposal of the offal of such fish. (Added by Stats. 1976, Ch. 362.)
  6. 5511.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Fish cultural operations are unlawful on streams above a state fish hatchery diversion point unless a department permit is obtained.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5511. Except under permit of the department, it is unlawful to carry on any fish cultural operations on any stream above the point where water is diverted for the use and operation of a state fish hatchery. (Enacted by Stats. 1957, Ch. 456.)
  7. 5514.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In inland waters, salmon and steelhead that are hooked other than in the mouth must be released unharmed, and it is unlawful to kill or keep certain salmon or steelhead that did not take the bait or lure in the mouth.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5514. (a) It is unlawful to kill or retain in possession any chinook, coho, or kokanee salmon or any steelhead that has not taken the bait or lure in its mouth, in inland waters. (b) Any chinook, coho, or kokanee salmon or any steelhead hooked other than in its mouth in inland waters shall be released unharmed. (Amended by Stats. 2007, Ch. 285, Sec. 105. Effective January 1, 2008.)
  8. 5515.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Fully protected fish generally may not be taken or possessed, but the department may authorize taking for necessary scientific research, and legally imported fish may be possessed under a department permit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5515. (a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2081.11, 2081.15, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of that person’s interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. (2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. (3) A legally imported fully protected fish may be possessed under a permit issued by the department. (b) The following are fully protected fish: (1) Colorado pikeminnow (Ptychocheilus lucius). (2) Mohave chub (Gila mohavensis). (3) Lost River sucker (Deltistes luxatus and Catostomus luxatus). (4) Modoc sucker (Catostomus microps). (5) Shortnose sucker (Chasmistes brevirostris). (6) Humpback sucker (Xyrauchen texanus). (7) Owens pupfish (Cyprinodon radiosus). (8) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). (9) Rough sculpin (Cottus asperrimus). (Amended by Stats. 2024, Ch. 139, Sec. 1. (SB 1520) Effective January 1, 2025.)
  9. 5516.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must post signs at entry points for waters restricted to artificial flies or artificial lures only.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5516. Any river, stream, lake, or other body of water restricted by the commission to the use of artificial flies or artificial lures only for fishing shall be posted by the department at logical places of entry so as to inform persons fishing in such waters as to the nature of the restrictions. (Added by Stats. 1974, Ch. 524.)
  10. 5517.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section makes it unlawful, unless covered by specified exceptions, to take a white shark or use or place shark bait, shark lure, or shark chum in ways that attract or view white sharks.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5517. (a) Except as authorized by a permit issued pursuant to Section 1002, or as provided in subdivision (b) of Section 8599, it is unlawful to do any of the following: (1) Take any white shark (Carcharodon carcharias). (2) Use any shark bait, shark lure, or shark chum to attract any white shark. (3) Place any shark bait, shark lure, or shark chum into the water within one nautical mile of any shoreline, pier, or jetty when a white shark is either visible or known to be present. (4) Place any shark bait, shark lure, or shark chum into the water for the purpose of viewing any shark when a white shark is visible or known to be present. (b) For purposes of this section, “shark bait, shark lure, or shark chum” means any natural or manufactured product or device used to attract sharks by the sense of taste, smell, or sight, including, but not limited to, blood, fish, or other material upon which sharks may feed, and surface or underwater decoys. (Amended by Stats. 2022, Ch. 437, Sec. 1. (AB 2109) Effective January 1, 2023.)
  11. 5520.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The Legislature states that the commission should manage abalone consistently with the abalone recovery and management plan submitted under Section 5522.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5520. It is the intent of the Legislature that the commission undertake management of abalone in a manner consistent with the abalone recovery and management plan submitted pursuant to Section 5522. (Added by Stats. 1997, Ch. 787, Sec. 1. Effective January 1, 1998.)
  12. 5521.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A moratorium is imposed on taking, possessing, or landing abalone for commercial or recreational purposes in specified southern California ocean waters.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5521. A moratorium is imposed on the taking, possessing, or landing of abalone (genus Haliotis) for commercial or recreational purposes in ocean waters of the state south of a line drawn due west magnetic from the center of the mouth of the San Francisco Bay, including all islands offshore the mainland of California, including, but not limited to, the Farallon Islands and the Southern California Channel Islands. It is unlawful to take, possess, or land abalone for commercial or recreational purposes in those ocean waters while the moratorium is in effect. (Added by Stats. 1997, Ch. 787, Sec. 2. Effective January 1, 1998.)
  13. 5521.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to take abalone for commercial purposes in the listed districts and locations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5521.5. (a) In addition to the moratorium imposed by Section 5521, and notwithstanding any other provision of law, it is unlawful to take abalone for commercial purposes in District 6, 7, 16, 17, or 19A, in District 10 north of Point Lobos, or in District 20 between Southeast Rock and the extreme westerly end of Santa Catalina Island. (b) For a person who is required to obtain a license pursuant to Section 7145, the possession of more than 12 individual abalone or abalone in excess of the annual bag limit is prima facie evidence that the person possesses the abalone for commercial purposes. (Amended by Stats. 2007, Ch. 328, Sec. 1. Effective January 1, 2008.)
  14. 5521.6.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A registered aquaculturist may collect abalone for broodstock, subject to Section 15301(b), despite Sections 5521 and 5521.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5521.6. Notwithstanding Sections 5521 and 5521.5, a registered aquaculturist may collect abalone for broodstock, in accordance with subdivision (b) of Section 15301. (Added by Stats. 1999, Ch. 483, Sec. 6. Effective January 1, 2000.)
  15. 5522.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must prepare and submit an abalone recovery and management plan, and the commission may later allow fishing changes if specified findings are made.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5522. (a) On or before January 1, 2003, the department shall submit to the commission a comprehensive abalone recovery and management plan. The plan shall contain all of the following: (1) An explanation of the scientific knowledge regarding the biology, habitat requirements, and threats to abalone. (2) A summary of the interim and long-term recovery goals, including a range of alternative interim and long-term conservation and management goals and activities. The department shall report why it prefers the recommended activities. (3) Alternatives for allocating harvest between sport and commercial divers if the allocation of the abalone harvest is warranted. (4) An estimate of the time and costs required to meet the interim and long-term recovery goals for the species, including available or anticipated funding sources, and an initial projection of the time and costs associated with meeting the final recovery goals. An implementation schedule shall also be included. (5) An estimate of the time necessary to meet the interim recovery goals and triggers for review and amendment of strategy. (6) A description of objective measurable criteria by which to determine whether the goals and objectives of the recovery strategy are being met and procedures for recognition of successful recovery. These criteria and procedures shall include, but not be limited to, the following: (A) Specified abundance and size frequency distribution criteria for former abalone beds within suitable habitat not dominated by sea otters. (B) Size frequency distributions exhibiting multiple size classes as necessary to ensure continued recruitment into fishable stock. (C) The reproductive importance to the entire ecosystem of those areas proposed for reopening to harvest and the potential impact of each reopening on the recovery of abalone population in adjacent areas. (b) Where appropriate, the recovery and management plan may include the following: (1) A network of no-take abalone reserves. (2) A total allowable catch, reflecting the long-term yield each species is capable of sustaining, using the best available science and bearing in mind the ecological importance of the species and the variability of marine ecosystems. (3) A permanent reduction in harvest. (c) Funding to prepare the recovery and management plan and any planning and scoping meetings shall be derived from the fees collected for the abalone report card or stamp. (d) On or before January 1, 2008, and following the adoption of the recovery and management plan by the commission, the department may apply to the commission to reopen sport or commercial fishing in all or any portion of the waters described in Section 5521. If the commission makes a finding that the resource can support additional harvest activities and that these activities are consistent with the abalone recovery plan, all or a portion of the waters described in Section 5521 may be reopened and management measures prescribed and implemented, as appropriate. The commission may close or, where appropriate, may establish no-take marine refuges in any area opened pursuant to this section if it makes a finding that this action is necessary to comply with the abalone management plan. (e) If the commission determines that commercial fishing is an appropriate management measure, priority for participation in the fishery shall be given to those persons who held a commercial abalone permit during the 1996–97 permit year. (Amended by Stats. 2023, Ch. 132, Sec. 103. (AB 1760) Effective January 1, 2024.)
  16. 5523.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section lets the Director of Fish and Wildlife close waters or restrict taking fish when a specified health-risk finding is made, and requires reopening and lifting restrictions when the risk no longer exists.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 1. Miscellaneous [5500 - 5523] ( Chapter 1 enacted by Stats. 1957, Ch. 456. ) ## 5523. (a) (1) If the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines, based on thorough and adequate scientific evidence, that any species or subspecies of fish is likely to pose a human health risk from high levels of toxic substances, the Director of Fish and Wildlife may order the closure of any waters or otherwise restrict the taking in state waters of that species. (2) After the Director of Fish and Wildlife orders the closure of any waters or restricts the taking of any species of fish pursuant to paragraph (1), the Director of Fish and Wildlife shall notify the commission and request that the commission schedule a public discussion of the closure or restriction at its next scheduled full commission meeting. (3) A fishing vessel may transit closed waters in possession of species where take is otherwise restricted pursuant to paragraph (1) if the vessel adheres to electronic monitoring requirements specified by the department. (b) (1) When the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines that a health risk no longer exists, the Director of Environmental Health Hazard Assessment shall notify the Director of Fish and Wildlife and shall request that any waters closed pursuant to subdivision (a) be reopened for fishing and any restrictions imposed pursuant to subdivision (a) be lifted. (2) Upon receiving the notification and request pursuant to paragraph (1), the Director of Fish and Wildlife shall open any waters closed pursuant to subdivision (a) and lift any restrictions imposed pursuant to subdivision (a) in a manner that promotes a fair and orderly fishery. (c) It is unlawful to take any fish from any closed waters or to otherwise violate any restriction on take imposed pursuant to this section. (d) If there is a delay in the opening of any waters for Dungeness crab season pursuant to this section, the Director of Fish and Wildlife may further delay opening those waters in order to provide 72-hours’ notice before a gear setting period. If, with 72-hours’ notice, the gear setting period would begin on a federal holiday, a state holiday, the day before Thanksgiving Day, December 24, or December 31, the Director of Fish and Wildlife may delay opening those waters for the additional time that is necessary to begin the gear setting period on the next day that is not one of those days. (e) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to actions taken pursuant to this section. (Amended by Stats. 2021, Ch. 757, Sec. 2. (SB 80) Effective October 9, 2021.)
  17. 56.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Net” means gear made from certain materials and used to gill, entangle, trap, or impound fish.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 56. “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. (Enacted by Stats. 1957, Ch. 456.)
  18. 5650.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to put certain listed substances into California waters, unless a specific authorized discharge or release exception applies.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5650. (a) Except as provided in subdivision (b), it is unlawful to deposit in, permit to pass into, or place where it can pass into the waters of this state any of the following: (1) Any petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum, or carbonaceous material or substance. (2) Any refuse, liquid or solid, from any refinery, gas house, tannery, distillery, chemical works, mill, or factory of any kind. (3) Any sawdust, shavings, slabs, or edgings. (4) Any factory refuse, lime, or slag. (5) Any cocculus indicus. (6) Any substance or material deleterious to fish, plant life, mammals, or bird life. (b) This section does not apply to a discharge or a release that is expressly authorized pursuant to, and in compliance with, the terms and conditions of a waste discharge requirement pursuant to Section 13263 of the Water Code or a waiver issued pursuant to subdivision (a) of Section 13269 of the Water Code issued by the State Water Resources Control Board or a California regional water quality control board after a public hearing, or that is expressly authorized pursuant to, and in compliance with, the terms and conditions of a federal permit for which the State Water Resources Control Board or a California regional water quality control board has, after a public hearing, issued a water quality certification pursuant to Section 13160 of the Water Code. This section does not confer additional authority on the State Water Resources Control Board, a California regional water quality control board, or any other entity. (c) It shall be an affirmative defense to a violation of this section if the defendant proves, by a preponderance of the evidence, all of the following: (1) The defendant complied with all applicable state and federal laws and regulations requiring that the discharge or release be reported to a government agency. (2) The substance or material did not enter the waters of the state or a storm drain that discharges into the waters of the state. (3) The defendant took reasonable and appropriate measures to effectively mitigate the discharge or release in a timely manner. (d) The affirmative defense in subdivision (c) does not apply and may not be raised in an action for civil penalties or injunctive relief pursuant to Section 5650.1, or in any other civil action that alleges a violation of this section resulting from unlicensed cannabis cultivation. (e) The affirmative defense in subdivision (c) does not apply and may not be raised by any defendant who has on two prior occasions in the preceding five years, in any combination within the same county in which the case is prosecuted, either pleaded nolo contendere, been convicted of a violation of this section, or suffered a judgment for a violation of this section or Section 5650.1. This subdivision shall apply only to cases filed on or after January 1, 1997. (f) The affirmative defense in subdivision (c) does not apply and may not be raised by the defendant in any case in which a district attorney, city attorney, or Attorney General alleges, and the court finds, that the defendant acted willfully. (Amended by Stats. 2022, Ch. 56, Sec. 8. (AB 195) Effective June 30, 2022.)
  19. 5650.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A violator of Section 5650 faces civil penalties, including up to $25,000 per violation and up to $10 per gallon or pound discharged, with a special rule against double penalties for the same act.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5650.1. (a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. (b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j). (c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require. (d) (1) Every civil action brought under this section shall be brought by the Attorney General, district attorney, or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated. (2) A civil action alleging a violation resulting from unlicensed cannabis cultivation may be brought by a county counsel in the name of the people of the State of California. (e) In a civil action brought pursuant to this section in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate. (f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant. (g) The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner. (h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner: (1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100. (2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution. (i) Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party. (j) A person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act. (Amended by Stats. 2023, Ch. 132, Sec. 104. (AB 1760) Effective January 1, 2024.)
  20. 5651.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If the department finds a continuing and chronic pollution condition, it must report it to the appropriate regional water quality control board and cooperate to help correct or stop it.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5651. Whenever it is determined by the department that a continuing and chronic condition of pollution exists, the department shall report that condition to the appropriate regional water quality control board, and shall cooperate with the board in obtaining correction or abatement in accordance with any laws administered by the board for the control of practices for sewage and industrial waste disposal. (Amended by Stats. 1985, Ch. 1429, Sec. 1. Effective October 1, 1985.)
  21. 5652.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section makes it unlawful to dump or leave certain waste, debris, dead animal remains, or vehicle-related items in or near the waters of the state, with stated exceptions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5652. (a) It is unlawful to deposit, permit to pass into, or place where it can pass into the waters of the state, or to abandon, dispose of, or throw away, within 150 feet of the high water mark of the waters of the state, any cans, bottles, garbage, motor vehicle or parts thereof, rubbish, litter, refuse, waste, debris, or the viscera or carcass of any dead mammal, or the carcass of any dead bird. (b) The abandonment of any motor vehicle in any manner that violates this section shall constitute a rebuttable presumption affecting the burden of producing evidence that the last registered owner of record, not having complied with Section 5900 of the Vehicle Code, is responsible for that abandonment and is thereby liable for the cost of removal and disposition of the vehicle. This section prohibits the placement of a vehicle body on privately owned property along a streambank by the property owner or tenant for the purpose of preventing erosion of the streambank. (c) This section does not apply to a refuse disposal site that is authorized by the appropriate local agency having jurisdiction or to the depositing of those materials in a container from which the materials are routinely removed to a legal point of disposal. (d) This section shall be enforced by all law enforcement officers of this state. (Amended by Stats. 2007, Ch. 285, Sec. 107. Effective January 1, 2008.)
  22. 5653.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Using vacuum or suction dredge equipment in California rivers, streams, or lakes is generally prohibited unless the department issues a permit, and an application must be filed before use.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5653. (a) The use of vacuum or suction dredge equipment by a person in a river, stream, or lake of this state is prohibited, except as authorized under a permit issued to that person by the department in compliance with the regulations adopted pursuant to Section 5653.9. Before a person uses vacuum or suction dredge equipment in a river, stream, or lake of this state, that person shall submit an application to the department for a permit to use the vacuum or suction dredge equipment, specifying the type and size of equipment to be used and other information as the department may require pursuant to regulations adopted by the department to implement this section. (b) (1) The department shall not issue a permit for the use of vacuum or suction dredge equipment until the permit application is deemed complete. A complete permit application shall include any other permit required by the department and one of the following, as applicable: (A) A copy of waste discharge requirements or a waiver of waste discharge requirements issued by the State Water Resources Control Board or a regional water quality control board in accordance with Division 7 (commencing with Section 13000) of the Water Code. (B) A copy of a certification issued by the State Water Resources Control Board or a regional water quality control board and a permit issued by the United States Army Corps of Engineers in accordance with Sections 401 and 404 of the Federal Water Pollution Control Act (33 U.S.C. Secs. 1341 and 1344, respectively) to use vacuum or suction dredge equipment. (C) If the State Water Resources Control Board or the appropriate regional water quality control board determines that waste discharge requirements, a waiver of waste discharge requirements, or a certification in accordance with Section 1341 of Title 33 of the United States Code is not necessary for the applicant to use of vacuum or suction dredge equipment, a letter stating this determination signed by the Executive Director of the State Water Resources Control Board, the executive officer of the appropriate regional water quality control board, or their designee. (c) Under the regulations adopted pursuant to Section 5653.9, the department shall designate waters or areas wherein vacuum or suction dredge equipment may be used pursuant to a permit, waters or areas closed to the use of that equipment, the maximum size of the vacuum or suction dredge equipment that may be used, and the time of year when the equipment may be used. If the department determines, pursuant to the regulations adopted pursuant to Section 5653.9, that the use of vacuum or suction dredge equipment does not cause any significant effects to fish and wildlife, it shall issue a permit to the applicant. If a person uses vacuum or suction dredge equipment other than as authorized by a permit issued by the department consistent with regulations adopted pursuant to Section 5653.9, that person is guilty of a misdemeanor. (d) (1) Except as provided in paragraph (2), the department shall issue a permit upon the payment, in the case of a resident, of a base fee of twenty-five dollars ($25), as adjusted under Section 713, when an onsite investigation of the project size is not deemed necessary by the department, and a base fee of one hundred thirty dollars ($130), as adjusted under Section 713, when the department deems that an onsite investigation is necessary. Except as provided in paragraph (2), in the case of a nonresident, the base fee shall be one hundred dollars ($100), as adjusted under Section 713, when an onsite investigation is not deemed necessary, and a base fee of two hundred twenty dollars ($220), as adjusted under Section 713, when an onsite investigation is deemed necessary. (2) The department may adjust the base fees for a permit described in this subdivision to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. (e) It is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges. (f) A permit issued by the department under this section shall not authorize an activity in violation of other applicable requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment, including those adopted by the State Water Resources Control Board or a regional water quality control board. The department, the State Water Resources Control Board, and the regional water quality control boards shall make reasonable efforts to share information among the agencies regarding potential violations of requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment. (g) For purposes of this section and Section 5653.1, the use of vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section and Section 5653.1 do not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. (Amended by Stats. 2023, Ch. 132, Sec. 105. (AB 1760) Effective January 1, 2024.)
  23. 5653.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Permits for vacuum or suction dredge equipment may be issued only after the department completes and certifies an environmental impact report, and the equipment may not be used in California waters until the director certifies required conditions to the Secretary of State.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5653.1. (a) The issuance of permits to operate vacuum or suction dredge equipment is a project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and permits may only be issued, and vacuum or suction dredge mining may only occur as authorized by any existing permit, if the department has caused to be prepared, and certified the completion of, an environmental impact report for the project pursuant to the court order and consent judgment entered in the case of Karuk Tribe of California et al. v. California Department of Fish and Game et al., Alameda County Superior Court Case No. RG 05211597. (b) Notwithstanding Section 5653, the use of any vacuum or suction dredge equipment in any river, stream, or lake of this state is prohibited until the director certifies to the Secretary of State that all of the following have occurred: (1) The department has completed the environmental review of its existing suction dredge mining regulations, as ordered by the court in the case of Karuk Tribe of California et al. v. California Department of Fish and Game et al., Alameda County Superior Court Case No. RG 05211597. (2) The department has transmitted for filing with the Secretary of State pursuant to Section 11343 of the Government Code, a certified copy of new regulations adopted, as necessary, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (3) The new regulations described in paragraph (2) are operative. (4) The new regulations described in paragraph (2) fully mitigate all identified significant environmental impacts. (5) A fee structure is in place that will fully cover all costs to the department related to the administration of the program. (c) The Legislature finds and declares that this section, as added during the 2009–10 Regular Session, applies solely to vacuum and suction dredging activities conducted for instream mining purposes. This section does not expand or provide new authority for the department to close or regulate suction dredging conducted for regular maintenance of energy or water supply management infrastructure, flood control, or navigational purposes governed by other state or federal law. (d) This section does not prohibit or restrict nonmotorized recreational mining activities, including panning for gold. (Amended by Stats. 2023, Ch. 132, Sec. 106. (AB 1760) Effective January 1, 2024.)
  24. 5653.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person who must have a permit under Section 5653 must show dredging equipment for inspection when a state or county fish and game warden asks.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5653.3. Any person required to possess a permit pursuant to Section 5653 shall present his or her dredging equipment for inspection upon request of a state or county fish and game warden. (Added by Stats. 1988, Ch. 1037, Sec. 2.)
  25. 5653.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    For Section 5653, “river, stream, or lake” means the body of water at the current water level when dredging occurs.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5653.5. For purposes of Section 5653, “river, stream, or lake” means the body of water at the current water level at the time of the dredging. (Added by Stats. 1988, Ch. 1037, Sec. 3.)
  26. 5653.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If there is an unanticipated water level change, the department may close dredging areas that were otherwise opened and permitted under Section 5653, when needed to protect fish and wildlife resources.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5653.7. In the event of an unanticipated water level change, when necessary to protect fish and wildlife resources, the department may close areas that were otherwise opened for dredging and for which permits were issued pursuant to Section 5653. (Added by Stats. 1988, Ch. 1037, Sec. 4.)
  27. 5653.8.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    For Sections 5653 and 5653.3, “person” does not include partnerships, corporations, or other associations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5653.8. For purposes of Sections 5653 and 5653.3, “person” does not include a partnership, corporation, or other type of association. (Added by Stats. 1994, Ch. 1109, Sec. 2. Effective September 29, 1994.)
  28. 5653.9.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must adopt regulations to carry out Section 5653 and may adopt regulations for Sections 5653.3, 5653.5, and 5653.7.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5653.9. The department shall adopt regulations to carry out Section 5653 and may adopt regulations to carry out Sections 5653.3, 5653.5, and 5653.7. The regulations shall be adopted in accordance with the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1994, Ch. 775, Sec. 2. Effective January 1, 1995.)
  29. 5654.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section lets the director close or restrict fishing waters after a spill or discharge, requires notice, consultation, testing, and reopening steps, and makes violating a closure unlawful.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5654. (a) (1) The director, after a notification of a spill or discharge, as those terms are defined in Section 8670.3 of the Government Code, where any fishing, including all commercial, recreational, and nonlicensed subsistence fishing, may take place, or where aquaculture operations are taking place, may close all waters in the vicinity of the spill or discharge or where the spilled or discharged material has spread, or is likely to spread, to the take of all fish or shellfish, or may restrict the take or possession of all fish or shellfish, in those waters. In determining where a spill or discharge is likely to spread, the director shall consult with the Administrator of the Office of Spill Prevention and Response. At the time of closure, the department shall make all reasonable efforts to notify the public of the closure, including notification to commercial and recreational fishing organizations, and posting of warnings on public piers and other locations where subsistence fishing is known to occur. The department shall coordinate, when possible, with local and regional agencies and organizations to expedite public notification. (2) Closure pursuant to paragraph (1) shall be required if the Office of Environmental Health Hazard Assessment finds that a public health threat exists or is likely to exist. In determining the need for a closure, the director shall initiate consultation with the Office of Environmental Health Hazard Assessment no later than 24 hours after a notification of a spill or discharge regarding the likelihood of a public health threat, if any of the following conditions are met: (A) There is a reported volume of one or more barrels of oil spilled or discharged in inland or estuarine waters or enclosed bays. (B) There is a reported volume of one or more barrels of oil spilled or discharged and the oil is impacting coastal shorelines. (C) There is a reported volume of five or more barrels of oil spilled or discharged in open ocean waters. (3) If none of the conditions in paragraph (2) are met, the director may consult with the Office of Environmental Health Hazard Assessment regarding the likelihood of a public health threat. (b) Within 48 hours after a closure pursuant to subdivision (a), both of the following shall occur: (1) The Office of Environmental Health Hazard Assessment shall assess the danger posed to the public from fishing in the area where the spill or discharge occurred or spread, and the danger of consuming fish or shellfish taken in the area where the spill or discharge occurred or spread. (2) The director shall, in consultation with the Office of Environmental Health Hazard Assessment, determine whether the areas closed to the take of fish or shellfish should be revised to prevent any potential take or consumption of any fish or shellfish that may have been contaminated by the spill or discharge, as determined pursuant to paragraph (1). (c) Within 48 hours after a closure pursuant to subdivision (a), or as soon as is feasible, the director, in consultation with the Office of Environmental Health Hazard Assessment, shall assess and determine the potential danger from consuming fish or shellfish that have been contained in a recirculating seawater tank onboard a vessel that may become contaminated by the vessel’s movement through an area where the spill or discharge occurred or spread. (d) If the Office of Environmental Health Hazard Assessment finds in the assessment pursuant to subdivision (b) that there is no significant risk to the public or to the fisheries, the director may immediately reopen a closed area and waive the testing requirements of subdivision (e). (e) Except under the conditions specified in subdivision (d), after complying with subdivisions (a) and (b), the director, in consultation with the Office of Environmental Health Hazard Assessment, within seven days after a closure, shall order expedited tests of fish or shellfish that would have been open for take for commercial, recreational, or subsistence purposes in the closed area if not for the closure, to determine the levels of contamination, if any, and whether the fish or shellfish is safe for human consumption. (f) (1) As soon as possible after receiving a notification from the Office of Environmental Health Hazard Assessment that no threat to human health exists from the spill or discharge or that no contaminant from the spill or discharge is present that could contaminate fish or shellfish, the director shall reopen the areas closed pursuant to this section in a manner that promotes fair and orderly fisheries. The director shall maintain a closure in any remaining portion of the closed area where the Office of Environmental Health Hazard Assessment finds contamination from the spill or discharge persists that may adversely affect human health. (2) The director, in consultation with the commission, may also maintain a closure in any remaining portion of the closed area where commercial fishing or aquaculture occurs and where the department determines, pursuant to this paragraph, that contamination from the spill or discharge persists that may cause the waste of commercial fish or shellfish as regulated by Section 7701. (g) To the extent feasible, the director shall consult with representatives of commercial and recreational fishing associations and subsistence fishing communities regarding the extent and duration of a closure, testing protocols, and findings. If a spill or discharge occurs within the lands governed by a Native American tribe or affects waters flowing through tribal lands, or tribal fisheries, the director shall consult with the affected tribal governments. (h) The director shall, and the Office of Environmental Health Hazard Assessment may, seek full reimbursement from the responsible party or parties for the spill or discharge for all reasonable costs incurred by the department or the Office of Environmental Health Hazard Assessment, respectively, in carrying out this section, including, but not limited to, all testing. (i) It is unlawful to take any fish or shellfish from any waters closed pursuant to this section or to otherwise violate any restriction imposed pursuant to this section. (Amended by Stats. 2025, Ch. 237, Sec. 1. (SB 839) Effective January 1, 2026.)
  30. 5655.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may respond to petroleum discharges by cleaning up, ordering the responsible person to act, and recovering cleanup costs, but it cannot issue an order for certain compliant crude-oil-production sumps, ponds, pits, or lagoons.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5655. (a) In addition to the responsibilities imposed pursuant to Section 5651, the department may clean up or abate, or cause to be cleaned up or abated, the effects of any petroleum or petroleum product deposited or discharged in the waters of this state or deposited or discharged in any location onshore or offshore where the petroleum or petroleum product is likely to enter the waters of this state, order any person responsible for the deposit or discharge to clean up the petroleum or petroleum product or abate the effects of the deposit or discharge, and recover any costs incurred as a result of the cleanup or abatement from the responsible party. (b) An order shall not be issued pursuant to this section for the cleanup or abatement of petroleum products in any sump, pond, pit, or lagoon used in conjunction with crude oil production that is in compliance with all applicable state and federal laws and regulations. (c) The department may issue an order pursuant to this section only if there is an imminent and substantial endangerment to human health or the environment and the order shall remain in effect only until any cleanup and abatement order is issued pursuant to Section 13304 of the Water Code. A regional water quality control board shall incorporate the department’s order into the cleanup and abatement order issued pursuant to Section 13304 of the Water Code, unless the department’s order is inconsistent with any more stringent requirement established in the cleanup and abatement order. Any action taken in compliance with the department’s order is not a violation of any subsequent regional water quality control board cleanup and abatement order issued pursuant to Section 13304 of the Water Code. (d) The Administrator of the Office of Spill Prevention and Response has the primary authority to serve as a state incident commander and direct removal, abatement, response, containment, and cleanup efforts with regard to all aspects of any placement of petroleum or a petroleum product in the waters of the state, except as otherwise provided by law. This authority may be delegated. (e) For purposes of this section, the following definitions apply: (1) “Petroleum product” means oil of any kind or form, including, but not limited to, fuel oil, sludge, oil refuse, and oil mixed with waste other than dredged spoil. “Petroleum product” does not include any pesticide that has been applied for agricultural, commercial, or industrial purposes or that has been applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, that has not been discharged accidentally or for purposes of disposal, and the application of which was in compliance with all applicable state and federal laws and regulations. (2) “State incident commander” means a person with the overall authority for managing and conducting incident operations during an oil spill response, who shall manage an incident consistent with the standardized emergency management system required by Section 8607 of the Government Code. Incident management generally includes the development of objectives, strategies, and tactics, ordering and release of resources, and coordinating with other appropriate response agencies to ensure that all appropriate resources are properly utilized and that this coordinating function is performed in a manner designed to minimize risk to other persons and to the environment. (Amended by Stats. 2010, Ch. 328, Sec. 68. (SB 1330) Effective January 1, 2011.)
  31. 5656.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Money recovered or settled, including civil penalties from Attorney General enforcement actions under this article, must be deposited into the Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General [5650 - 5656] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5656. Any recovery or settlement of money damages, including, but not limited to, civil penalties arising out of any civil action filed and maintained by the Attorney General in the enforcement of this article shall be deposited in the Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund. (Amended by Stats. 1995, Ch. 720, Sec. 3. Effective January 1, 1996.)
  32. 5669.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    For this chapter, “shellfish” means any bivalve mollusk.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5669. For purposes of this chapter, “shellfish” means any bivalve mollusk. (Added by Stats. 1982, Ch. 1486, Sec. 9.)
  33. 5670.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to take shellfish for human consumption from an area where shellfish taking has been determined to threaten human life or health.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5670. It is unlawful to take shellfish used or intended to be used for human consumption from any area from which it shall be determined, as provided in this article, that the taking of shellfish does or may constitute a menace to the lives or health of human beings. (Enacted by Stats. 1957, Ch. 456.)
  34. 5671.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The State Department of Public Health may examine shellfish-taking areas and determine whether they have sewage contamination or pose a health menace.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5671. The State Department of Public Health may: (a) Examine any area from which shellfish may be taken. (b) Determine whether the area is subject to sewage contamination. (c) Determine whether the taking of shellfish from the area does or may constitute a menace to the lives or health of human beings. (Amended by Stats. 2023, Ch. 132, Sec. 108. (AB 1760) Effective January 1, 2024.)
  35. 5672.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If the State Department of Public Health finds an area may be contaminated by sewage and shellfish harvesting may threaten human health, it must identify the contaminated boundaries and post notices warning against taking shellfish there.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5672. Upon the determination by the State Department of Public Health that the area is or may be subject to sewage contamination, and that the taking of shellfish from it does or may constitute a menace to the lives or health of human beings, it shall ascertain as accurately as it can the bounds of the contamination, and shall post notices on or in the area describing its bounds and prohibiting the taking of shellfish therefrom. The taking of shellfish from the area is unlawful after the completion of the publication of the notices as prescribed in this article. (Amended by Stats. 2023, Ch. 132, Sec. 109. (AB 1760) Effective January 1, 2024.)
  36. 5673.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If notices are posted, that fact must be published once a week for four successive weeks in a newspaper of general circulation in the county where the contaminated area is located, or in an adjoining county if none is published in that county.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5673. The fact of posting the notices shall be published once a week for four successive weeks in some newspaper of general circulation published in the county in which the contaminated area is situated, if there is such a newspaper, and if there is none, then in such a newspaper published in an adjoining county. (Enacted by Stats. 1957, Ch. 456.)
  37. 5674.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The State Department of Public Health must enforce this article, and its inspectors and employees may enter public or private property where shellfish may be located at all times.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5674. The State Department of Public Health shall enforce the provisions of this article, and for that purpose the inspectors and employees of that agency may enter at all times upon public or private property upon which shellfish may be located. (Amended by Stats. 2023, Ch. 132, Sec. 110. (AB 1760) Effective January 1, 2024.)
  38. 5675.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If shellfish-growing water examinations are done under this article, water-quality certification must start within 30 days and be finished within three months after an aquaculturist files an application.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Shellfish Area Contamination [5669 - 5675] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5675. If examinations are conducted pursuant to this article for purposes of certifying the quality of shellfish-growing waters, certification of water quality shall be commenced within 30 days, and completed within three months of the filing of an application by an aquaculturist. (Added by Stats. 1982, Ch. 1486, Sec. 10.)
  39. 57.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Nonresident” means a person who is not a resident under Section 70.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 57. “Nonresident” means a person who is not a resident as defined in Section 70. (Amended by Stats. 2015, Ch. 154, Sec. 7. (AB 1527) Effective January 1, 2016.)
  40. 5700.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Purification of Mollusks [5700 - 5702] ( Article 2.5 added by Stats. 1976, Ch. 1019. )

    Verify source ↗

    Mollusks may be taken in Districts 12 and 13 and moved elsewhere for purification for human consumption under commission rules, and human consumption requires State Department of Public Health approval.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Purification of Mollusks [5700 - 5702] ( Article 2.5 added by Stats. 1976, Ch. 1019. ) ## 5700. (a) Notwithstanding Sections 5670, 5672, 8341, and 9050, native and nonnative mollusks may be taken in Districts 12 and 13 and moved to other areas to be purified for human consumption under rules and regulations established by the commission. Those regulations may include, but are not limited to, bag limits, methods of harvest, and provisions for public use. (b) Mollusks taken under this section shall not be used for human consumption unless that use is approved by the State Department of Public Health. (Amended by Stats. 2023, Ch. 132, Sec. 111. (AB 1760) Effective January 1, 2024.)
  41. 5701.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Purification of Mollusks [5700 - 5702] ( Article 2.5 added by Stats. 1976, Ch. 1019. )

    Verify source ↗

    The State Department of Public Health may survey and classify mollusk-growing areas, and it must adopt rules and regulations to implement this section.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Purification of Mollusks [5700 - 5702] ( Article 2.5 added by Stats. 1976, Ch. 1019. ) ## 5701. (a) The State Department of Public Health may make sanitary surveys of mollusk-growing areas or may use sanitary surveys of mollusk-growing areas made by qualified state or county agencies, and based on that information may classify those areas for purposes of harvesting and moving mollusks that are to be purified for human consumption in accordance with Section 5700. (b) The State Department of Public Health shall adopt rules and regulations necessary to implement this section. (Amended by Stats. 2023, Ch. 132, Sec. 112. (AB 1760) Effective January 1, 2024.)
  42. 5701.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Purification of Mollusks [5700 - 5702] ( Article 2.5 added by Stats. 1976, Ch. 1019. )

    Verify source ↗

    If the State Department of Public Health conducts examinations under this article for shellfish-growing waters, it must start water-quality certification within 30 days and finish it within six months after an aquaculturist files an application.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Purification of Mollusks [5700 - 5702] ( Article 2.5 added by Stats. 1976, Ch. 1019. ) ## 5701.5. If examinations are conducted by the State Department of Public Health pursuant to this article for purposes of certifying the quality of shellfish-growing waters, certification of water quality shall be commenced within 30 days and completed within six months of the filing of an application by an aquaculturist. (Amended by Stats. 2023, Ch. 132, Sec. 113. (AB 1760) Effective January 1, 2024.)
  43. 5702.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Purification of Mollusks [5700 - 5702] ( Article 2.5 added by Stats. 1976, Ch. 1019. )

    Verify source ↗

    A person moving native mollusks from Districts 12 and 13 for purification for human consumption must pay a royalty of at least $0.02 per pound, as prescribed by the commission.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2.5. Purification of Mollusks [5700 - 5702] ( Article 2.5 added by Stats. 1976, Ch. 1019. ) ## 5702. Any person who moves any native mollusks taken under regulations of the commission from Districts 12 and 13 for purposes of purification for human consumption shall pay a royalty, as the commission may prescribe, of not less than two cents ($0.02) per pound of mollusks so taken. (Added by Stats. 1976, Ch. 1019.)
  44. 5800.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Trinity and Klamath River Fish and Game District [5800 - 5803] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section bans certain mining and water-pollution activities in the Trinity and Klamath River Fish and Game District during the July 1 to November 30 period, with limited exceptions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Trinity and Klamath River Fish and Game District [5800 - 5803] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5800. (a) It is unlawful to conduct any mining operation in the Trinity and Klamath River Fish and Game District between July 1 and November 30, except when the debris, substances, tailings or other effluent from those operations do not and cannot pass into the waters in that district. (b) It is unlawful between July 1 and November 30 to pollute, muddy, contaminate, or roil the waters of the Trinity and Klamath River Fish and Game District, or to deposit in or cause, suffer, or procure to be deposited in, permit to pass into, or place where it can pass into, those waters, any debris, substance or tailings from hydraulic, placer, milling, or other mining operation affecting the clarity of those waters. The clarity of those waters shall be deemed affected when those waters at a point a distance of one mile below the confluence of the Klamath River and the Salmon River or at a point a distance of one mile below the confluence of the South Fork of the Trinity River and the Trinity River, contain 50 parts per million, by weight, of suspended matter, not including vegetable matter in suspension and suspended matter occurring in the stream or streams due to an act of God. (c) It is unlawful, between July 1 and November 30 to carry on or operate any hydraulic mine of any kind on, along, or in any waters flowing into the Trinity and Klamath River Fish and Game District. (d) Nothing in this section shall prevent the operation of a hydraulic mine where the tailings, substance, or debris, or other effluent from that mine does not or will not pass into the waters of the Trinity and Klamath River Fish and Game District, between July 1 and November 30, and any person, firm, or corporation engaged in hydraulic mining shall have the right until July 15 to use water for the purpose of cleaning up. (e) Any structure or contrivance that is used to violate this section is a public nuisance. (f) Any person, firm, or corporation that maintains or permits a structure or contrivance used in violating this section is guilty of maintaining a public nuisance. (g) It is the duty of the district attorney of the county where the violation occurs or the acts creating the public nuisance occur to bring action to abate that nuisance. (Amended by Stats. 2023, Ch. 132, Sec. 114. (AB 1760) Effective January 1, 2024.)
  45. 5801.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Trinity and Klamath River Fish and Game District [5800 - 5803] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Section 5800 does not change other laws in the district that relate to birds, mammals, or fish.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Trinity and Klamath River Fish and Game District [5800 - 5803] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5801. Section 5800 does not affect any other laws applying to the territory included in the Trinity and Klamath River Fish and Game District which relate to birds, mammals, and fish. (Enacted by Stats. 1957, Ch. 456.)
  46. 5802.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Trinity and Klamath River Fish and Game District [5800 - 5803] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Section 5800 does not apply to public works construction, repair, or maintenance done by the Federal Government, State Government, or any political subdivision.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Trinity and Klamath River Fish and Game District [5800 - 5803] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5802. Section 5800 does not apply to the construction, repair, or maintenance of public works by the Federal or State Government, or any political subdivision thereof. (Enacted by Stats. 1957, Ch. 456.)
  47. 5803.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Trinity and Klamath River Fish and Game District [5800 - 5803] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This article does not limit the State Water Resources Control Board or regional water quality control boards from adopting and enforcing additional discharge requirements or prohibitions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 2. Pollution [5650 - 5803] ( Chapter 2 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Trinity and Klamath River Fish and Game District [5800 - 5803] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5803. No provision of this article is a limitation on the authority of the State Water Resources Control Board or any California Regional Water Quality Control Board to adopt and enforce additional discharge requirements or prohibitions. (Added by Stats. 1970, Ch. 918.)
  48. 5900.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [5900 - 5904] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines key terms used in the chapter, including “dam,” “conduit,” “owner,” and “United States.”

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [5900 - 5904] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5900. As used in this chapter: (a) “Dam” includes all artificial obstructions. (b) “Conduit” includes pipe, millrace, ditch, flume, siphon, tunnel, canal, and any other conduit or diversion used for the purpose of taking or receiving water from any river, creek, stream, or lake. (c) “Owner” includes the United States (except that for the purpose of Sections 5901, 5931, 5933, and 5938, “owner” does not include the United States as to any dam in the condition the dam existed on September 15, 1945), the State, a person, political subdivision, or district (other than a fish and game district) owning, controlling or operating a dam or pipe. (d) “United States” means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. (Amended by Stats. 1961, Ch. 867.)
  49. 5901.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [5900 - 5904] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section makes it unlawful to build or keep certain fish-blocking devices or contrivances in streams in specified districts, except as otherwise provided in the code.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [5900 - 5904] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5901. Except as otherwise provided in this code, it is unlawful to construct or maintain in any stream in Districts 1, 13/8, 11/2, 2, 21/4, 21/2, 3, 31/2, 4, 41/8, 41/2, 43/4, 11, 12, 13, 23, and 25, any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream. (Amended by Stats. 2023, Ch. 132, Sec. 115. (AB 1760) Effective January 1, 2024.)
  50. 5902.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [5900 - 5904] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section says the chapter is meant to let the United States comply with state water law.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [5900 - 5904] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5902. In including the United States within the scope of this chapter the Legislature declares that it understands that the law and policy of the United States with respect to the development of water resources, the reclamation of land from flood and overflow, and in all other respects is to comply with state laws respecting water. The provisions of this chapter provide a procedure for the United States to comply with the provisions and policy of state law respecting its subject matter. (Enacted by Stats. 1957, Ch. 456.)
  51. 5903.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [5900 - 5904] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The United States must file a separate application with the commission for each dam it plans to construct or enlarge, and the application must use forms provided by the department.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [5900 - 5904] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5903. The United States shall file with the commission pursuant to this chapter a separate application for each dam it proposes to construct or enlarge if an owner other than the United States would be required to file an application pursuant to Division 3 of the Water Code in order to construct or enlarge the same dam. The application shall be on forms provided by the department. (Enacted by Stats. 1957, Ch. 456.)
  52. 5904.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [5900 - 5904] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    An application for a dam-related approval must provide specified owner, dam, reservoir, and water-flow information, unless the commission waives some technical information requirements.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [5900 - 5904] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 5904. The application of the United States shall give the following information: (a) The name and address of the owner. (b) The location, type, size, and height of the proposed dam and appurtenant works. (c) The storage capacity of the reservoir. (d) Such other pertinent information as the commission requires. (e) As accurately as may be readily obtained, the area of the drainage basin, rainfall, and stream flow records and flood flow records and estimates. (f) The purpose for which the impounded or diverted water is to be used. (g) Such other appropriate information as may be necessary in a given instance. In instances wherein the physical conditions involved and the size of the dam are such as to render the above requirements as to drainage areas, rainfall, stream flow, and flood flow unnecessary, the commission may waive the requirements. (Enacted by Stats. 1957, Ch. 456.)
  53. 5930.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must periodically examine all dams in rivers and streams in this State that are naturally frequented by fish.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5930. The department shall, from time to time, examine all dams in all rivers and streams in this State naturally frequented by fish. (Enacted by Stats. 1957, Ch. 456.)
  54. 5931.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If fish cannot pass freely over or around a dam, the department must arrange plans for a suitable fishway and order the dam owner in writing to build one within the time set by the department.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5931. If, in the opinion of the commission, there is not free passage for fish over or around any dam, the department shall cause plans to be furnished for a suitable fishway, and order in writing the owner of the dam to provide the dam, within a specified time, with a durable and efficient fishway, of such form and capacity and in such location as shall be determined by the department. Such fishway shall be completed by the owner of the dam to the satisfaction of the department within the time specified. (Enacted by Stats. 1957, Ch. 456.)
  55. 5932.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If the article has been complied with and the commission thinks changed conditions justify it, the department may build additional structures for fish passage and spend the money needed for that work.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5932. When all of the provisions of this article have been complied with, if in the opinion of the commission changed conditions make additional structures desirable for the free passage of fish, the department may make such additional structures and may expend such sums of money as it deems necessary for such additional construction, including the cost of insurance against any liability which the department may incur in connection with such structures. (Enacted by Stats. 1957, Ch. 456.)
  56. 5933.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If a new dam or dam enlargement is proposed, the applicant must file a copy of the application with the commission. If the commission finds a fishway is necessary and practical, it must hold a hearing within 90 days. After notice that a fishway is required, construction cannot begin without written commission approval of the fishway design.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5933. Whenever an application for approval of plans and specifications for a new dam in any stream in this State, or for the enlargement of any dam in any such stream, is filed with the Department of Water Resources, pursuant to Part 1 (commencing with Section 6000) of Division 3 of the Water Code, a copy of such application shall be filed by the applicant with the commission. If then the commission deems that the construction of a fishway over such a dam is necessary for the preservation and protection of fish, and that construction and operation of such fishway is practicable, it shall set a date for a hearing to be held within 90 days after filing of such application with the commission. At such hearing the applicant shall be entitled to introduce evidence to show that construction of the fishway is not necessary or is not practicable, taking into consideration the height of the dam and the amount of water available. If, after the hearing, the commission finds that the construction of the fishway is necessary and practicable it shall, within five days after such hearing, notify the applicant to that effect. After notice from the commission that a fishway is required, it shall be unlawful to commence the construction of any new dam or the enlargement of any dam without first obtaining the written approval of the commission of the design for such a fishway. (Amended by Stats. 1963, Ch. 304.)
  57. 5934.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    In any hearing, the commission or any party may take witness depositions as allowed by the civil deposition rules referenced in the provision.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5934. The commission or any party may, in any hearing, cause the deposition of witnesses to be taken in the manner prescribed by law for depositions in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. (Amended by Stats. 2004, Ch. 182, Sec. 37. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  58. 5935.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If a dam has a fishway, the dam’s owner must keep the fishway in repair and keep it open and free of obstructions for fish passage.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5935. The owner of any dam upon which a fishway has been provided shall keep the fishway in repair and open and free from obstructions to the passage of fish at all times. (Enacted by Stats. 1957, Ch. 456.)
  59. 5936.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to willfully destroy, injure, or obstruct any fishway.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5936. It is unlawful to wilfully destroy, injure, or obstruct any fishway. (Enacted by Stats. 1957, Ch. 456.)
  60. 5937.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Dam owners must let enough water pass to protect fish below the dam, usually through a fishway or, if there is no fishway, over, around, or through the dam.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5937. The owner of any dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in any river or stream, permission may be granted by the department to the owner of any dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway. (Enacted by Stats. 1957, Ch. 456.)
  61. 5938.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If building a fishway over or around a dam is impracticable, the commission may order the dam owner to build a hatchery and related equipment instead.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5938. Whenever in the opinion of the commission it is impracticable, because of the height of any dam, or other conditions, to construct a fishway over or around the dam, the commission may, in lieu of the fishway, order the owner of the dam completely to equip, within a specified time, on a site to be selected by the department, a hatchery, together with dwellings for help, traps for the taking of fish, and all other equipment necessary to operate a hatchery station, according to plans and specifications furnished by the department. After such hatchery has been constructed, the department shall operate it without further expense to the owner of the dam except as provided in Sections 5940 and 5941. (Enacted by Stats. 1957, Ch. 456.)
  62. 5939.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The dam owner must allow the department to place hatchery-related equipment on the owner’s land at a site agreed by both sides.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5939. The hatchery, traps, and other equipment necessary to operate a hatchery station shall not be of a size greater than necessary to supply the stream or river with a reasonable number of fish. The owner of the dam shall permit the department to locate the hatchery, dwellings, traps, and other equipment upon any of the land of the owner of the dam upon a site or sites to be mutually agreed upon by the department and the owner of the dam. (Enacted by Stats. 1957, Ch. 456.)
  63. 5940.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If a dam owner generates electricity at the dam, the owner must provide enough light for the hatchery at no charge.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5940. If the owner of the dam generates electricity at the place of the dam, he shall furnish sufficient light, without charge, for the use of the hatchery. (Enacted by Stats. 1957, Ch. 456.)
  64. 5941.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The owner must allow water to be used, free of charge, to operate the hatchery.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5941. The owner shall permit the use of water, without charge, to operate the hatchery. (Enacted by Stats. 1957, Ch. 456.)
  65. 5942.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may order a dam owner to plant young fish, under department supervision, instead of providing certain hatchery-related equipment.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5942. The commission may, in lieu of a fishway, hatchery, dwelling, traps or other equipment necessary to operate a hatchery station, order the owner of the dam to plant, under the supervision of the department, the young of such fish as naturally frequent the waters of the stream or river, at such times, in such places, and in such numbers as the commission may order. (Enacted by Stats. 1957, Ch. 456.)
  66. 5943.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A dam owner must give the public access to water impounded by the dam for fishing during the open season, subject to commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5943. (a) The owner of a dam shall accord to the public for the purpose of fishing, the right of access to the waters impounded by the dam during the open season for the taking of fish in the stream or river, subject to the regulations of the commission. (b) Subdivision (a) does not apply to any impoundment of water by a dam that is wholly located on privately owned land that is primarily agricultural or residential in nature if the impounded waters are from a stream or river that is not naturally frequented by fish and if the dam does not prevent the free passage of fish over or around the dam. The Legislature finds and declares that this subdivision is intended to be declaratory of existing law. (Amended by Stats. 1996, Ch. 273, Sec. 1. Effective January 1, 1997.)
  67. 5944.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The owner of a dam is not liable in damages to a person injured while exercising the right to fish if the injury happens through contact with or tampering with the dam owner's property.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5944. The owner of a dam is not liable in damages to any person exercising the right to fish, who suffers any injury through coming in contact with, or tampering with, any of the property of the owner of the dam. (Enacted by Stats. 1957, Ch. 456.)
  68. 5945.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may sell young fish, at cost, to the owner of a dam.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5945. The department may sell, at cost, to the owner of a dam, young fish ordered to be planted. (Enacted by Stats. 1957, Ch. 456.)
  69. 5946.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Section 5946 limits water-permit and dam-plan approvals in District 41/2 by requiring compliance with Section 5937, and it exempts certain dams from Section 5938.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5946. (a) The provisions of Section 5938 shall not be applicable to dams constructed in District 41/2 after September 9, 1953. (b) No permit or license to appropriate water in District 41/2 shall be issued by the State Water Resources Control Board after September 9, 1953, unless conditioned upon full compliance with Section 5937. (c) Plans and specifications for any dam described in subdivision (a) shall not be approved by the Department of Water Resources unless adequate provision is made for full compliance with Section 5937. (Amended by Stats. 2023, Ch. 132, Sec. 116. (AB 1760) Effective January 1, 2024.)
  70. 5947.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    An owner of a dam in District 41/2 must not release water in varying flows if that would destroy fish life below the release.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5947. It is unlawful for the owner of a dam in District 41/2 to release water from the dam, or any facilities for the generation of hydroelectric energy operated in connection therewith, in varying flows in such a manner as to destroy fish life below such release. (Enacted by Stats. 1957, Ch. 456.)
  71. 5948.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    No person may cause or allow certain log jams, debris accumulations, or artificial barriers in state streams if they block fish passage or are harmful to fish, subject to listed exceptions.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Dams and Obstructions [5930 - 5948] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 5948. No person shall cause or having caused, permit to exist any log jam or debris accumulation or any other artificial barrier, except a dam for the storage or diversion of water, public bridges and approaches thereto, groins, jetties, seawalls, breakwaters, bulkheads, wharves and piers permitted by law, and debris from mining operations, in any stream in this State, which will prevent the passing of fish up and down stream or which is deleterious to fish as determined by the commission, subject to review by the courts. (Amended by Stats. 1957, Ch. 2039.)
  72. 5980.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This article applies only to certain conduits, including conduits described in Section 5987 and conduits with a maximum flow capacity over 250 cubic feet per second.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5980. This article shall apply only to conduits described in Section 5987, and conduits with a maximum flow capacity over 250 cubic feet per second of water. In classifying conduits it is recognized that those involving the passage of water through power devices and those of large size tend to destroy fish in a greater degree than conduits of smaller size or different type. If this section is for any reason held to be unconstitutional, such decision shall not affect the validity of the remainder of this article. The Legislature hereby declares that the persons owning conduits referred to in this section shall be subject to the provisions of this article. (Enacted by Stats. 1957, Ch. 456.)
  73. 5981.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must examine all conduits and, if it thinks a screen is needed to keep fish out, order the conduit owner to install one. The owner and the department generally split the screen cost equally, except as provided in Sections 5987, 5988, and 5989.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5981. (a) The department shall examine all conduits. If, in the opinion of the department, a screen is necessary to prevent fish from passing into the conduit, the department shall order the owner of the conduit to install a screen. (b) Except as provided in Sections 5987, 5988, and 5989, one-half of the expense of constructing or installing a screen shall be paid by the owner of a conduit and one-half by the department. (Amended by Stats. 2024, Ch. 80, Sec. 47. (SB 1525) Effective January 1, 2025.)
  74. 5982.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    An order requiring a screen to be installed must be written and must state the screen’s type, size, mesh, material, location, installation deadline, and estimated installation cost.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5982. An order to install a screen shall be in writing, and shall specify the type, size, mesh, material and location of the screen, the time within which the screen shall be installed, and an estimate of the expense of installing the screen. (Enacted by Stats. 1957, Ch. 456.)
  75. 5983.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If an order requires installing a screen, the department must pay the conduit owner one-half of the estimated construction or installation cost.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5983. When an order is made to install a screen, the department shall pay the owner of the conduit upon whom the order is served one-half of the estimated expense of the construction or installation of the screen. (Enacted by Stats. 1957, Ch. 456.)
  76. 5984.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If the cost to build or install a screen is more than the estimated cost, the department must inspect the screen and pay the owner half of the amount needed to finish the screen after written notice from the conduit owner.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5984. If the expense of constructing or installing a screen exceeds the estimated expense the department shall, upon written notification by the owner of the conduit, inspect the screen, and pay to the owner one-half of the amount estimated to be necessary to complete the construction or installation of the screen. (Enacted by Stats. 1957, Ch. 456.)
  77. 5985.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The owner of a conduit must return any surplus money advanced by the department within 10 days after the screen is installed.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5985. The owner of the conduit shall, within 10 days after completing the installation of the screen, return to the department any surplus money advanced by the department pursuant to this article. (Enacted by Stats. 1957, Ch. 456.)
  78. 5986.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Money paid by the department to a conduit owner under this article must come from the Fish and Game Preservation Fund.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5986. All money paid by the department to the owner of a conduit pursuant to this article shall be paid out of the Fish and Game Preservation Fund. (Enacted by Stats. 1957, Ch. 456.)
  79. 5987.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may not pay half the cost of building and installing a screen for certain electricity businesses.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5987. The department shall not pay one-half of the expense of the construction and installation of any screen as provided in Sections 5981, 5983, and 5984 to any person engaged in producing, generating, transmitting, delivering, or furnishing electricity for light, heat or power. If this section is for any reason held to be unconstitutional, the decision shall not affect the validity of Section 5981, 5983 or 5984, and the Legislature hereby declares that the persons mentioned in this section shall be subject to the provisions of Sections 5981, 5983 and 5984. (Enacted by Stats. 1957, Ch. 456.)
  80. 5988.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    After a screen is installed, the owner may ask the department to inspect it within 90 days; the department must inspect, approve it if it complies, and notify the owner of any deviation within 60 days if it does not.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5988. When a screen has been installed, the owner may, by written notice within 90 days after such installation, request the department to inspect the screen for the purpose of accepting it. Thereupon it is the duty of the department to inspect the screen, and if it has been installed in accordance with the order and plans and specifications agreed upon by the department and the owner as provided in Section 5992 or approved by the Department of Water Resources the department shall accept and approve the screen in writing. If, upon such inspection it appears that the screen has not been constructed and installed in accordance with such plans and specifications, the department shall, within 60 days after such inspection, notify the owner of any deviation from the order. Thereupon such deviation may be remedied within 90 days, and a further inspection requested. (Enacted by Stats. 1957, Ch. 456.)
  81. 5989.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    After acceptance, the owner does not have to install a new screen if the screen fails to work efficiently and no later changes affected its operation. The department may instead install another screen, but it must pay the cost.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5989. After acceptance, should the screen fail to function in an efficient manner, no changes in conditions affecting its operation having occurred subsequent to the acceptance of the screen, the owner shall not be required to install a new screen. However, the department may install another screen at the sole cost and expense of the department of a type, size, mesh, and at a location agreed upon by the department and the owner, or approved by the Department of Water Resources, as provided in Section 5992 of this code. (Enacted by Stats. 1957, Ch. 456.)
  82. 5990.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The owner of a conduit must not ignore a department order to install a screen, and must not let the screen be removed or taken out of place, except for repairs or cleaning while water is running.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5990. It is unlawful for the owner of a conduit to refuse, fail, or neglect to install a screen in compliance with an order from the department or to permit the screen to be removed or taken out of place, except for repairs or cleaning while water is running in the conduit. (Enacted by Stats. 1957, Ch. 456.)
  83. 5991.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may choose to build and install the screen itself instead of ordering the owner to do it, and the owner must pay half the cost.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5991. In lieu of the department’s ordering the owner to install a screen the department may, at its option, elect to construct and install the screen itself, in which event the type, size, mesh, and location of the screen and the time within which it shall be installed shall be determined as provided by Section 5992 of this code. When the department elects to construct and install a screen, one-half of the cost of construction and installation shall be paid by the owner. The department may pay the entire cost of the construction and installation of a screen from the Fish and Game Preservation Fund, in which case it shall, upon completion of the screen, notify the owner of the amount of one-half of the cost, and the owner shall, within 30 days thereafter, remit that amount to the department. (Enacted by Stats. 1957, Ch. 456.)
  84. 5992.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Screens installed under this article must be adequate for blocking fish, avoid unnecessary interference with water flow and diversion, and be jointly agreed by the department and the conduit owner unless the Department of Water Resources decides the disputed details.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5992. Any screen installed under any of the provisions of this article shall be reasonably adequate to prevent fish from passing into the conduit and not unnecessarily impede the flow of water or prevent the owner from diverting the amount of water he is legally entitled to divert. The type, size, mesh, and location of the screen and the time within which it shall be installed shall be mutually agreed upon by the department and the owner of the conduit. In the event the department and the owner of the conduit cannot agree upon the type, size, mesh, and location of the screen and the time within which it shall be installed, such matters shall be submitted for determination to the Department of Water Resources whose decision thereon shall be final and conclusive. If the owner and the department fail to agree upon the type, size, mesh, location, and time of installation of the screen within 60 days from the first submission of proposed plans and specifications by the department to the owner, either the department or the owner may submit such matters, in writing to the Department of Water Resources for final and conclusive decision, and it shall, within 60 days from such reference, render its decision in writing determining such matters. The department shall maintain and keep the screen in repair, and shall quarterly notify the owner in writing of the cost thereof, and the owner shall within 30 days thereafter remit to the department an amount equal to one-half of such cost. The owner shall operate and keep free from debris any screen installed, and shall quarterly notify the department in writing of the cost thereof, and the department shall within 30 days thereafter remit to the owner an amount equal to one-half of such cost. (Enacted by Stats. 1957, Ch. 456.)
  85. 5993.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Before any screen is installed under this article, the department and the owner must make an agreement about how maintenance, repair, operation, and debris-removal costs will be determined.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second [5980 - 5993] ( Article 3 enacted by Stats. 1957, Ch. 456. ) ## 5993. Before the installation of any screen under the provisions of this article, the department and the owner shall enter into an agreement defining the method of determining the cost of maintenance, repairs, operation, and keeping the screen free of debris, which agreement shall provide that in the event either the department or the owner objects to such cost the matter shall be referred to the Director of General Services for his final and conclusive decision. (Amended by Stats. 1965, Ch. 371.)
  86. 6.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    A public officer’s power may be exercised, and the officer’s duty may be performed, by a deputy or by another person the officer authorizes by law, unless the code says otherwise.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 6. Whenever a power is granted to, or duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1957, Ch. 456.)
  87. 60.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Oath” includes affirmation.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 60. “Oath” includes affirmation. (Enacted by Stats. 1957, Ch. 456.)
  88. 6020.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This article applies only to conduits with a maximum water flow capacity of 250 cubic feet per second or less, except conduits described in Section 5987.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 6020. This article shall apply only to conduits with a maximum flow capacity of 250 cubic feet per second or less of water, other than those conduits described in Section 5987. If this section is for any reason held to be unconstitutional, such decision shall not affect the validity of Article 3 of this chapter and the Legislature hereby declares that the persons owning conduits referred to in this section shall be subject to the provisions of Article 3 of this chapter. (Enacted by Stats. 1957, Ch. 456.)
  89. 6021.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may examine conduits and install or maintain fish screens, bypasses, or similar devices when it considers them practical and necessary. Conduit owners must give the department access, an easement for installation, and enough water and easement for a bypass, unless the diverted channel is dry or cannot support fish life below the diversion point.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 6021. The department shall examine new or existing conduits, and may install, maintain, repair, and replace fish screens, bypasses, or other devices to prevent the passage of fish through a conduit, when in the opinion of the department such a screen or device is practical and necessary. The owner of a conduit shall grant to the department the right of access to the conduit for the installation and maintenance of the screen, and shall provide the department with an easement for a site for the installation of the screen or device deemed suitable by the department. The owner shall also supply sufficient water for a bypass to carry fish stopped by the screen or device back to the channel from which they were diverted, and an easement for the bypass channel, but such easement shall not require the acquisition or leasing of additional lands by the owner. No water for a bypass shall be required if the channel from which the water is diverted is dry or incapable of supporting fish life below the point of diversion. (Enacted by Stats. 1957, Ch. 456.)
  90. 6022.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section sets maximum bypass-water amounts for diversions, with different limits based on diversion capacity.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 6022. Sufficient water for a bypass shall be not to exceed the following: (a) Diversions under three cubic feet per second capacity shall not be required to bypass more than 18 gallons per minute. (b) Diversions of three cubic feet per second or more, but under 10 cubic feet per second, shall not be required to bypass more than 30 gallons per minute. (c) Diversions of 10 cubic feet per second or more, but under 20 cubic feet per second, shall not be required to bypass more than 40 gallons per minute. (d) Diversions of 20 cubic feet per second or over shall not be required to bypass more than one-half of 1 percent of the capacity of the diversion. (e) Diversions built by the Government of the United States and requiring bypasses longer than one-quarter mile shall bypass such amount of water as is necessary to return fish to the permanent channel satisfactorily. (Enacted by Stats. 1957, Ch. 456.)
  91. 6023.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must give each owner written notice before installing a fish screen, and the notice must include the screen location, access needed, and bypass water needed.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 6023. (a) The department shall serve written notice upon each owner of its intention to install a fish screen. (b) The notice shall describe the location of the screen, the access required, and the amount of water required for the bypass. The location of the screen may be described by the distance downstream from the intake or by another method. (c) The notice shall be served upon the owner in duplicate. (d) Once signed by the owner, the notice shall serve as an agreement to the installation of the screen or device, according to the terms set out in the notice. (e) The signed agreement shall require the owner to render any assistance, other than mechanical repair or replacement of parts, necessary to keep the screen or device in satisfactory operating condition. The hiring of additional labor shall not be required for that assistance. (Amended by Stats. 2023, Ch. 132, Sec. 118. (AB 1760) Effective January 1, 2024.)
  92. 6024.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If the owner does not sign and return the agreement within 60 days after service, the department may install the screen unless a decision from the Department of Water Resources is requested.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 6024. If the owner fails to sign and return the agreement granting the department the necessary rights for the installation of the screen or device within 60 days after its service on him, the department may install the screen as though the agreement had been signed unless a decision of the Department of Water Resources is requested. In the event the department and the owner of the conduit cannot agree upon the type, size, mesh, or location of the screen or device, the amount of water required for a bypass, or the time within which the screen or device shall be installed, the matter shall be submitted for determination to the Department of Water Resources, whose decision thereon shall be final and conclusive. The Department of Water Resources shall render its decision within 60 days after either the department or the owner has submitted the matter in writing and requested a decision. (Enacted by Stats. 1957, Ch. 456.)
  93. 6025.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The owner of a conduit must not remove or displace a screen while water is running, except for repairs or cleaning, and must not run the conduit with the bypass closed when the screen is operating.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 6025. It is unlawful for the owner of a conduit to cause or permit a screen to be removed or taken out of place, except for repairs or cleaning, while water is running in the conduit, or to operate the conduit with the bypass closed when the screen is operating as provided in this article. (Enacted by Stats. 1957, Ch. 456.)
  94. 6026.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Any screen installed under this article must be reasonably adequate to keep fish out of the conduit and must not unnecessarily block water flow or the owner’s legal diversion amount.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 6026. Any screen installed under this article shall be such as will be reasonably adequate to prevent fish from passing into the conduit and will not unnecessarily impede the flow of water or prevent the owner from diverting the amount of water he is legally entitled to divert. (Enacted by Stats. 1957, Ch. 456.)
  95. 6027.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may remove, or allow an owner to remove, a screen or close a bypass when it finds that doing so will not endanger fish life.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 6027. This article does not prevent the department from removing or permitting an owner to remove a screen or close a bypass during any part of the year when the department finds that such action will not endanger fish life. (Enacted by Stats. 1957, Ch. 456.)
  96. 6028.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Payments the department makes to conduit owners under this article must come from the Fish and Game Preservation Fund.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second [6020 - 6028] ( Article 4 enacted by Stats. 1957, Ch. 456. ) ## 6028. All money paid by the department to the owner of a conduit pursuant to this article shall be paid out of the Fish and Game Preservation Fund. (Enacted by Stats. 1957, Ch. 456.)
  97. 61.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Ocean ranching” is defined as a type of aquaculture involving juvenile anadromous fish that are reared, released into state waters, and later returned for commercial harvest.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 61. “Ocean ranching” means aquaculture where juvenile anadromous fish are reared and released into state waters to grow and return to an aquaculture facility to be harvested commercially. (Added by Stats. 1982, Ch. 1486, Sec. 3.)
  98. 6100.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Diversion of Water From Streams [6100- 6100.] ( Article 5 added by Stats. 1971, Ch. 1016. )

    Verify source ↗

    New diversions from salmon- and steelhead-bearing streams that the department finds deleterious must be screened by the owner, and the diversion cannot begin until fishlife-protection measures are built into the plans and construction.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 3. Dams, Conduits, and Screens [5900 - 6100] ( Chapter 3 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 5. Diversion of Water From Streams [6100- 6100.] ( Article 5 added by Stats. 1971, Ch. 1016. ) ## 6100. (a) Notwithstanding any provision of Article 3 (commencing with Section 5980) and Article 4 (commencing with Section 6020), on or after January 1, 1972, any new diversion of water from any stream having populations of salmon and steelhead that is determined by the department to be deleterious to salmon and steelhead shall be screened by the owner. (b) The construction, operation, or maintenance costs of any screen required pursuant to this article shall be borne by the owner of the diversion. (c) If the department has determined that a diversion is deleterious to salmon and steelhead pursuant to subdivision (a), it shall provide written notice of its determination to the owner. (d) The department shall notify the owner that the department shall make onsite investigation and shall make any other investigation before it shall propose any measures necessary to protect fishlife. (e) Within 30 days of providing notice under this section, or within a time determined by mutual written agreement, the department shall submit to the owner its proposals as to measures necessary to protect the salmon and steelhead. (f) The department, or any agency of the state, shall provide the owner of the diversion any available information that is required by the owner in order to comply with the provisions of this article. (g) The diversion shall not commence until the department has determined that measures necessary to protect fishlife have been incorporated into the plans and construction of the diversion. (Amended by Stats. 2023, Ch. 132, Sec. 119. (AB 1760) Effective January 1, 2024.)
  99. 62.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    This section defines “open season” as the time when taking certain wildlife is allowed under the code and commission regulations.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 62. “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. If used to define the period of time during which take is allowed “season” means “open season.” (Amended by Stats. 2007, Ch. 285, Sec. 3. Effective January 1, 2008.)
  100. 6300.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This chapter applies to all fish and amphibia, including those imported or transported, except activities governed by Division 12.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## 6300. This chapter applies to all fish and amphibia, including, but not limited to, fish and amphibia being imported or transported. This chapter does not apply to activities governed by Division 12 (commencing with Section 15000). (Amended by Stats. 1982, Ch. 1486, Sec. 12.)
  101. 6301.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may enter specified places and vehicles at any time to inspect fish, amphibians, aquatic plants, or aquaculture products.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## 6301. The department may enter at any time any vehicle, container, warehouse, depot, ship, or growing area where any fish, amphibians, or aquatic plants are held, transported, or stored, for the purpose of making a regulatory inspection to ascertain whether those fish, amphibians, or aquatic plants are infected, diseased, or parasitized, or to determine if aquaculture products are being or have been legally imported, transported, or possessed. (Amended by Stats. 2007, Ch. 285, Sec. 108. Effective January 1, 2008.)
  102. 6302.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Fish, amphibia, or aquatic plants found to be infected, diseased, or parasitized must be summarily destroyed by the department, except as otherwise provided in Division 12.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## 6302. Except as otherwise provided in Division 12 (commencing with Section 15000), all fish, amphibia, or aquatic plants found to be infected, diseased, or parasitized are a public nuisance and shall be summarily destroyed by the department. (Amended by Stats. 1982, Ch. 1486, Sec. 13.)
  103. 6303.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If the department determines fish, amphibia, or aquatic plants are merely harmful to aquatic life, the department must destroy them unless the owner or person in charge ships them out of the state within the time the department sets.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## 6303. All fish, amphibia, or aquatic plants which the department determines are merely deleterious to fish, amphibia, aquatic plants, or aquatic animal life, shall be destroyed by the department, unless the owner or person in charge of the fish, amphibia, or aquatic plants ships them out of the State within a period of time to be specified by the department. (Amended by Stats. 1961, Ch. 1150.)
  104. 6304.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If the department finds infected, diseased, or parasitized fish, amphibia, or aquatic plants, it must post boundary notices and state the period when taking, carrying, or transporting them from the area is unlawful.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## 6304. If the department finds any infected, diseased, or parasitized fish, amphibia, or aquatic plants within this State, the department shall post notices describing, as nearly as possible, the boundaries of the area within which the fish, amphibia, or aquatic plants are found, and shall state the period during which the taking, carrying, and transportation of the fish, amphibia, or aquatic plants from the area shall be unlawful. The fact of posting the notices shall be published once a week for four successive weeks in some newspaper of general circulation in the county in which the infected area is situated, and, if there is no such newspaper in that county, then in a newspaper of general circulation published in an adjoining county. (Amended by Stats. 1961, Ch. 1150.)
  105. 6305.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to move infected, diseased, or parasitized fish, amphibia, or aquatic plants from a posted point in the state to any other point in the state.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## 6305. It is unlawful to carry or cause to be carried from one point in this State which has been posted according to the provisions of this article, to any other point in this State, any infected, diseased, or parasitized fish, amphibia, or aquatic plant. (Amended by Stats. 1961, Ch. 1150.)
  106. 6306.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The owner of the fish, amphibia, or aquatic plants, or the importer, must pay any examination expense required by this code, unless the department assumes that expense in a specified sport-fishing import case.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 4. Infected or Diseased Fish [6300 - 6306] ( Chapter 4 enacted by Stats. 1957, Ch. 456. ) ## 6306. The expense of any examination made necessary by the provisions of this code, shall be borne by the owner of the fish, amphibia, or aquatic plants, or the person or persons importing them into this State; provided, that the department may assume such expense in the case of fish imported to provide fishing under the authority of a sport fishing license in the public waters of this State. (Amended by Stats. 1961, Ch. 1150.)
  107. 64.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    The terms “order,” “rule,” and “regulation” mean the same thing and include one another.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 64. “Order,” “rule,” and “regulation” are used interchangeably and each includes the others. (Enacted by Stats. 1957, Ch. 456.)
  108. 6400.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    You may not place or plant live fish, freshwater or saltwater animals, or aquatic plants in California waters without first getting them inspected and obtaining the department’s written permission.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6400. It is unlawful to place, plant, or cause to be placed or planted, in any of the waters of this State, any live fish, any fresh or salt water animal, or any aquatic plant, whether taken without or within the State, without first submitting it for inspection to, and securing the written permission of, the department. (Enacted by Stats. 1957, Ch. 456.)
  109. 6400.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Live white bass may not be transported or possessed unless first submitted to the department for inspection and written permission is obtained.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6400.5. In addition to Section 6400, it is unlawful to transport or possess any live white bass (Marone chrysops), whether taken within or without the state, unless it is first submitted for inspection to, and written permission is obtained from, the department. (Added by Stats. 1984, Ch. 1686, Sec. 4. Effective September 30, 1984.)
  110. 6401.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person may buy, receive, or stock live fish only if a permit has first been obtained from the department and the commission’s regulations are followed.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6401. Any person may, under the terms of a permit first obtained from the department, under regulations the commission may prescribe, purchase or receive live fish from any registered aquaculturist, and may stock the fish in a stream or a lake. (Amended by Stats. 1982, Ch. 1486, Sec. 15.)
  111. 6402.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may plant fish in streams or lakes on land where a youth camp for underprivileged children is located.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6402. The department may plant fish in streams passing through, or in lakes on, land on which is located a youth camp for underprivileged children. (Added by Stats. 1967, Ch. 424.)
  112. 6403.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This chapter does not apply to activities governed by Division 12 starting with Section 15000.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6403. This chapter does not apply to activities governed by Division 12 (commencing with Section 15000). (Added by Stats. 1982, Ch. 1486, Sec. 15.1.)
  113. 6404.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department must publish an updated Annual Provisional Stocking Document on its website before January 1 each year and include required disclaimer statements.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6400 - 6404] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6404. (a) It is the intent of the Legislature to make the Annual Provisional Stocking Document available to the public, recognizing that this document expresses the department’s intended plans for fish plants and that the department’s execution of these plans is not guaranteed. (b) The department, before January 1 of each year, shall make an updated Annual Provisional Stocking Document publicly available on the department’s internet website. (c) The department, as part of the document required pursuant to subdivision (b), shall include a disclaimer stating that these fish plants are not completely certain to occur as planned. The disclaimer shall include a statement that the department may not be able to adhere to the provisional stocking dates and places due to various unforeseen conditions, including, but not limited to, weather, disease, staffing, and funding. The disclaimer shall also include a statement referring the public to the Fish Planting Schedule on the department’s internet website for more up-to-date and accurate information about fish plants. (d) As used in this section, the “Annual Provisional Stocking Document,” also known as the “Provisional Fish Release Plans for the Current Fiscal Year,” means a document used by the department that contains conditional or provisional plans for freshwater fish plants. (Added by Stats. 2023, Ch. 181, Sec. 1. (SB 579) Effective January 1, 2024.)
  114. 6420.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. )

    Verify source ↗

    The Legislature declares that artificial reef research and development should be investigated and carried out under the department’s administration, with help from the University of California, the California State University, and other qualified organizations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. ) ## 6420. The Legislature finds and declares all of the following: (a) Declines in various southern California marine species of fish have adversely affected the sport and commercial fishing industry. (b) Efforts to enhance these species through the placement of artificial reefs need to be investigated. (c) A program of artificial reef research and development, including reef design, placement, and monitoring, is in the public interest and can best be accomplished under the administration of the department with the cooperation and assistance of the University of California, the California State University, other established, appropriate academic institutions, and other organizations with demonstrated expertise in the field. (d) A state artificial reef research and construction program under the administration of the department is necessary to coordinate ongoing studies and construction of artificial reefs in waters of the state. (Amended by Stats. 1999, Ch. 83, Sec. 55. Effective January 1, 2000.)
  115. 6421.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. )

    Verify source ↗

    This section defines “artificial reef,” “production,” and “program” for this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. ) ## 6421. For purposes of this article, the following terms have the following meaning: (a) “Artificial reef” means manmade or natural objects intentionally placed in selected areas of the marine environment to duplicate those conditions that induce production of fish and invertebrates on natural reefs and rough bottoms, and that stimulate the growth of kelp or other midwater plant life which creates natural habitat for those species. (b) “Production” means increases in the biomass of a species or number of species. (c) “Program” means the California Artificial Reef Program. (Added by Stats. 1985, Ch. 1103, Sec. 1.)
  116. 6422.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. )

    Verify source ↗

    The department must administer the California Artificial Reef Program.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. ) ## 6422. The department shall administer the California Artificial Reef Program. (Added by Stats. 1985, Ch. 1103, Sec. 1.)
  117. 6423.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. )

    Verify source ↗

    The program must include artificial reef placement, reef studies, and requirements for reef siting and placement.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. ) ## 6423. The program shall include all of the following: (a) The placement of artificial reefs in state waters. (b) A study of existing successful reefs and all new reefs placed by the program to determine the design criteria needed to construct artificial reefs capable of increasing fish and invertebrate production in waters of the state. (c) A determination of the requirements for reef siting and placement. (Added by Stats. 1985, Ch. 1103, Sec. 1.)
  118. 6424.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. )

    Verify source ↗

    The amount allocated to administer the program in any fiscal year may not exceed the amount authorized by applicable state and federal policy guidelines.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. ) ## 6424. The amount allocated for the administration of the program in any fiscal year may not exceed the amount authorized by applicable state and federal policy guidelines. (Added by Stats. 1985, Ch. 1103, Sec. 1.)
  119. 6425.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. )

    Verify source ↗

    The Legislature states an intent that no more than $500,000 be allocated to the program for the 1985–86 fiscal year.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Artificial Reefs [6420 - 6425] ( Article 2 added by Stats. 1985, Ch. 1103, Sec. 1. ) ## 6425. (a) It is the intent of the Legislature that not more than five hundred thousand dollars ($500,000) shall be allocated to the program for the 1985–86 fiscal year. (b) It is the intent of the Legislature that future sources of funding for the program may include, but are not limited to, the Fish and Game Preservation Fund, the California Environmental License Plate Fund, the Wildlife Restoration Fund, recreational bond act funds, federal grants-in-aid, county fish and game propagation funds, and private donations. (Added by Stats. 1985, Ch. 1103, Sec. 1.)
  120. 6440.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. )

    Verify source ↗

    The department must manage grass carp consistently with the code and define “management” for this section as handling, controlling, destroying, or moving species.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. ) ## 6440. The Legislature finds and declares that triploid grass carp have the potential to control aquatic nuisance plants in non-public waters allowing for reduced chemical control but that the threat that grass carp pose to aquatic habitat may outweigh its benefits. It is the intent of this section to allow the department to use its management authority to provide for the long-term health of the ecosystem in the state, including the aquatic ecosystem, and, in that context, manage grass carp either through control of movement, eradication of populations, acquisition of habitat, and any other action that the department finds will maintain the biological diversity and the long term, overall health of the state’s environment. The department shall undertake the management of grass carp in a manner that is consistent with provisions of this code, and, for the purposes of this section, the department shall define management as handling, controlling, destroying, or moving species. The Legislature does not intend for this section to provide a right for the use of triploid grass carp if the department finds that use of the species poses an unacceptable risk to the state’s existing ecosystem. (Amended by Stats. 2016, Ch. 86, Sec. 136. (SB 1171) Effective January 1, 2017.)
  121. 6450.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. )

    Verify source ↗

    The department must adopt regulations for controlling aquatic plant pests using artificially introduced triploid grass carp under permits it issues.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. ) ## 6450. The department shall adopt regulations that provide for the control of aquatic plant pests using artificially introduced triploid grass carp under a permit issued by the department. The regulations shall do all of the following: (a) Restrict triploid grass carp introductions to those triploid grass carp that have been rendered sterile immediately after the eggs have been fertilized. (b) Require individual fish to be checked to ensure that a third, triploid, set of chromosomes has been retained, preventing further reproduction by that individual fish. (c) Limit aquatic plant pest control programs using triploid grass carp to the use of sterile triploid grass carp with documented certification of triploidy to ensure sterility. (d) Require the identification by tagging of individual fish as the property of each owner. (e) Require the posting of notices at stocked bodies of water declaring the penalties for removing triploid grass carp. (f) Limit the permits for the use of triploid grass carp in waters on golf courses located in residential areas to those waters that are determined by the department to be secure from the removal of triploid grass carp to unauthorized waters. (g) Provide for management of the triploid grass carp populations in a manner consistent with the provisions of this code where the department finds that such actions will benefit the long-term health of the state’s biodiversity as a whole. (h) Until January 1, 1999, the regulations shall not authorize the issuance of permits for the use of triploid grass carp in waters located within condominium areas of any residential area for which a permit may not be issued pursuant to subdivision (f) except at three locations within the area authorized pursuant to this subdivision. The three locations shall be selected by the department in consultation with the Imperial Irrigation District. The limitation to three locations is necessary to enable monitoring of human-induced movement of triploid grass carp to unauthorized waters and to permit the evaluation of the impact of the experiment. (Amended by Stats. 2001, Ch. 745, Sec. 56. Effective October 12, 2001.)
  122. 6451.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. )

    Verify source ↗

    Providers of triploid grass carp used under this article must give certification acceptable to the department that the fish are triploid and disease-free.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. ) ## 6451. All providers of triploid grass carp for use under this article shall provide certification acceptable to the department of triploidy and disease-free conditions for all fish introduced. (Added by Stats. 1995, Ch. 249, Sec. 2. Effective January 1, 1996.)
  123. 6452.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. )

    Verify source ↗

    Before a permit can be received to use triploid grass carp, the potential user must give the department all information the department requires.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. ) ## 6452. Prior to receiving a permit from the department to use triploid grass carp, the potential user shall provide to the department all of the information required by the department, including, but not limited to, the following: (a) The type of waterway to be stocked. (b) The site has no connections to adjacent fresh water systems. (c) All aquatic plant management problems, including, but not limited to, the following: (1) The acres of aquatic plants, by species, at the peak of growing season. (2) The desired vegetation quantity or coverage. (3) The number and size of triploid grass carp recommended. (4) All sensitive plant or animal species within the waterway to be stocked and any connected waterways. (Added by Stats. 1995, Ch. 249, Sec. 2. Effective January 1, 1996.)
  124. 6453.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. )

    Verify source ↗

    The permittee must give the department an annual report with specified triploid grass carp and aquatic plant information by March 1 each year.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. ) ## 6453. (a) On or before March 1 of each year following the first year after triploid grass carp introduction, the permittee shall provide to the department all of the information required by the department, including, but not limited to, the following: (1) The number and size of triploid grass carp recommended for the waterway stocked. (2) The number and size of triploid grass carp stocked in the waterway. (3) The acres of aquatic plants, by species, at the peak of the growing season in the year prior to introduction of triploid grass carp in the waterway stocked. (4) The acres of aquatic plants, by species, at the peak of the current year growing season. (b) The annual report shall be submitted until five years after the use of triploid grass carp to control aquatic plant pests is terminated, unless evidence acceptable to the department is provided that all triploid grass carp have been removed from the waterway. (Amended by Stats. 2001, Ch. 753, Sec. 7. Effective January 1, 2002.)
  125. 6454.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. )

    Verify source ↗

    The department must set permit and inspection fees for this program at a level that recovers the program’s initial and ongoing costs, but does not exceed them.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. ) ## 6454. The department shall establish permit and inspection fees sufficient to recover, but not exceed, the initial and ongoing costs of the program under this article. (Added by Stats. 1995, Ch. 249, Sec. 2. Effective January 1, 1996.)
  126. 6455.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. )

    Verify source ↗

    The department must set permit conditions for triploid grass carp to prevent escape, and some uses are barred or restricted.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. ) ## 6455. The department shall impose conditions in the permit to use triploid grass carp under this article that it finds necessary to prevent escape of the triploid grass carp from the targeted area. The conditions shall include, but are not limited to, the following: (a) No permit shall be issued for the use of triploid grass carp in waters with an open fresh water connection to other waters of the state. (b) Any waters in which triploid grass carp are used under this article shall be under the control of the permittee. In addition, barriers to fish movement acceptable to the department shall be in place before introduction of triploid grass carp under this article. Movement of triploid grass carp to areas outside the control of the permittee is prohibited. (c) Any waters in which triploid grass carp are used under this article shall have sufficient dissolved oxygen and suitable vegetation for consumption to sustain the introduced triploid grass carp, as determined by the department. (d) Except within closed basins, including the Salton Sea, no permit shall be issued for the use of triploid grass carp within the 100-year flood plain. (e) Any person or persons engaging in the introduction of triploid grass carp into any area, or in the transfer of triploid grass carp from one site to another, without a permit from the department shall be punished by a fine of not more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (Amended by Stats. 2001, Ch. 753, Sec. 7.5. Effective January 1, 2002.)
  127. 6456.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. )

    Verify source ↗

    This section says the article must not be read to restrict grass carp programs approved by the department on or before June 1, 1995.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. ) ## 6456. Nothing in this article shall be construed as restricting grass carp programs approved by the department on or before June 1, 1995. (Added by Stats. 1995, Ch. 249, Sec. 2. Effective January 1, 1996.)
  128. 6457.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. )

    Verify source ↗

    Implementation of Sections 6450 and 6454 must be carried out in consultation with the Department of Food and Agriculture.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. ) ## 6457. Because of its experience and continuing involvement with hydrilla control programs, the implementation of Sections 6450 and 6454 shall be carried out in consultation with the Department of Food and Agriculture. (Added by Stats. 1995, Ch. 249, Sec. 2. Effective January 1, 1996.)
  129. 6460.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. )

    Verify source ↗

    The department may suspend the permit issuance process for this grass carp program if documented, verifiable evidence shows escapes, unauthorized use, or threats to fish and wildlife, after a written finding by the director.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Grass Carp [6440 - 6460] ( Article 4 added by Stats. 1995, Ch. 249, Sec. 2. ) ## 6460. If the department obtains documented and verifiable evidence of escapements of triploid grass carp permitted under this article into unauthorized waters, the unauthorized use of grass carp, or threats to fish and wildlife and their habitats as the result of this program, it may, upon a written finding by the director to that effect, suspend the permit issuance process authorized by this article. If the situation is local, the suspension may be limited to that area whose waters, habitat, and fish and wildlife resources are threatened. The suspension shall last until the director makes a written finding that the threat has been abated. (Added by Stats. 1997, Ch. 533, Sec. 7. Effective January 1, 1998.)
  130. 6590.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    This section states legislative findings about ocean fishery research, funding, and coordination, and describes what the department and advisory panel may do.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6590. The Legislature finds and declares all of the following: (a) Substantial declines in various species of desirable fish that are caught in southern California ocean waters have adversely affected sport and commercial fishing and their related industries. (b) The purpose of this article is to determine if hatchery-released fish can enhance certain stocks of desirable species and contribute to research and scientific understanding of marine hatchery operations and benefits. (c) Funding for the program is most appropriately borne by a special fund derived from user fees on sport and commercial fishermen who stand to directly benefit from the resurgence of depressed marine fisheries. (d) The department has continuing resource management, administrative, and policy review responsibility in marine resources issues. (e) Volunteers from the recreational fishing community have developed and operated grow-out facilities with private funding. These volunteer activities greatly enhance the effectiveness of the program and are fully compatible with the overall program objectives. (f) As white sea bass hatchery production is established, additional grow-out facilities will be required and coordination between these facilities will be necessary. The ocean resources enhancement advisory panel may encourage contracts to carry out coordination activities and recommend to the director that this coordination remain a high priority. Those coordination activities may be funded with fees collected by the department pursuant to this article. (g) The use of federal matching funds, including sportfish restoration account funds, shall be a high priority for use to match state dollars for this program. (h) The department may benefit from contracting with other public or private entities to further the purposes of this article. (Amended by Stats. 2020, Ch. 345, Sec. 1. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  131. 6591.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    This section defines “advisory panel,” “committee,” and “program” for this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6591. For purposes of this article, the following definitions apply: (a) “Advisory panel” means the Ocean Resources Enhancement Advisory Panel established pursuant to Section 6594. (b) “Committee” means the independent scientific advisory committee established pursuant to Section 6594.1. (c) “Program” means the California Ocean Resources Enhancement and Hatchery Program established by this article. (Amended by Stats. 2020, Ch. 345, Sec. 2. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  132. 6592.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    This section establishes the California Ocean Resources Enhancement and Hatchery Program in state government and says its purpose is to support research on marine fish propagation, rearing, stocking, and distribution.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6592. There is hereby established in state government the California Ocean Resources Enhancement and Hatchery Program. The purpose of the program is to advance research on the artificial propagation, rearing, stocking, and distribution of marine fish species that are important to sport and commercial fishing in the ocean waters off the coast of California south of a line extending due west from Point Arguello, including research on the efficacy of artificial enhancement of stocks of these marine fish species through hatchery production. (Amended by Stats. 2020, Ch. 345, Sec. 3. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  133. 6593.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    The director administers the program, must consider the advisory panel’s advice, may appoint a program manager with that advice, and people receiving program research funding may not serve on the advisory panel or committee.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6593. (a) The program is administered by the director with the advice of the advisory panel and the committee. (b) A person shall not serve on the advisory panel or the committee if that person is receiving research funding from the program. (c) The director may appoint, with the advice of the advisory panel, a program manager to assist in administering the program. (d) The director shall consider the advice of the advisory panel regarding program administration, including the expenditure of fee revenue and other sources of program funding. (Amended by Stats. 2020, Ch. 345, Sec. 4. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  134. 6594.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    The director must create the Ocean Resources Enhancement Advisory Panel and appoint its members. The panel must include specified California residents, have alternate members for each voting member, and member appointments last three years.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6594. (a) To advise the director in establishing policy and direction for the program, the director shall establish the Ocean Resources Enhancement Advisory Panel. (b) The advisory panel shall consist of the following members, all of whom shall be residents of California: (1) One nonvoting member representing the department. (2) One nonvoting member representing the California Sea Grant program. (3) Two voting members representing the southern California commercial fishing industry. (4) One voting member representing the southern California commercial passenger fishing vessel industry. (5) Three voting members representing the southern California sport fishing industry. (6) One voting member representing the southern California aquaculture industry. (7) One voting member representing the public or nongovernmental organization interests, or both. (c) There shall be a designated alternate member for each voting member of the advisory panel. (d) The director shall appoint members and alternate members of the advisory panel after soliciting nominations for members and evaluating the experience, demonstrated program knowledge, and relevant stakeholder support of nominees. (e) Each appointment of a member or alternate member shall be for a term of three years. There shall be no limit on the number of terms a member may serve on the advisory panel. (Amended by Stats. 2020, Ch. 345, Sec. 5. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  135. 6594.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    The director must establish an independent scientific advisory committee, appoint its members, and determine how many members serve. The committee must advise the director and advisory panel, may add members with other relevant expertise, and members are entitled to compensation and expenses.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6594.1. (a) In order to foster a transparent and collaborative approach between the public, the advisory panel, and the director, and to advise the director and the advisory panel regarding the program, the director shall establish an independent scientific advisory committee. (b) The committee shall consist of members who collectively have expertise in the following areas: (1) Fish genetics. (2) Fish health. (3) Marine aquaculture. (4) Fish population biology or dynamics. (5) Benthic or water quality. (6) Stock enhancement or fish hatchery science. (c) The committee may also include members who have expertise in other areas that the director determines to be relevant to the program. (d) The committee shall provide advice to the director and the advisory panel in order to help ensure the scientific integrity and transparency in science-based decisionmaking of program activities. The committee shall provide recommendations on all of the following: (1) Ensuring the documentation of the program’s scientific accomplishments, if needed. (2) Prioritizing program research activities based upon an independent evaluation of program research needs and a consideration of the report described in subdivision (a) of Section 6594.5. In providing this recommendation, the committee shall consider at least all of the following: (A) Systematic data collection in order to inform adaptive management of the program’s enhancement activities. (B) The impacts of the program’s enhancement activities. (C) The incorporation of best practices in hatchery science to, among other things, maintain the genetic diversity of stocked species. (3) Identifying candidate focal species for enhancement or research potential. (4) Developing quantitative criteria, benchmarks, and timelines to be used in evaluating the program and its activities. (e) Each member of the committee shall receive one hundred dollars ($100) for each day of actual service performed in carrying out their official duties, but the amount of compensation for any one member shall not exceed the sum of five hundred dollars ($500) for any calendar year. In addition to this compensation, the members of the committee shall receive their actual and necessary expenses incurred in the performance of their duties. The compensation and expenses provided in this subdivision shall be paid from funds made available to the program pursuant to Section 6595. (f) The establishment of the committee pursuant to this section does not limit the director’s discretion to seek scientific and technical advice regarding the program from other sources. (g) Department personnel shall provide support for the committee’s efforts, as applicable and needed. (h) The director shall appoint members to the committee. The director shall determine the number of members to serve on the committee. Members of the committee shall serve at the pleasure of the director. (Added by Stats. 2020, Ch. 345, Sec. 6. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  136. 6594.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    The director must hold an annual public meeting, and the committee must present information about its prior-year program science evaluation and future program activities.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6594.3. The director shall convene an annual public meeting where the committee shall present information regarding its evaluation of aspects of program science it completed during the preceding year and an outlook for future program activities. At the meeting, the director shall provide information on the program’s compliance with any permitting requirements and the results of information solicited pursuant to Section 6596.3. (Added by Stats. 2020, Ch. 345, Sec. 7. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  137. 6594.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    The director must consider a specified program evaluation and submit a report on the program’s status and progress by July 1, 2027.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6594.5. (a) The director shall consider the findings and results of the evaluation of the program conducted by California Sea Grant submitted to the department on December 12, 2017, in the report “Evaluation of the Ocean Resources Enhancement and Hatchery Program,” Publication no. CASG-17-010 in the operation of the program. (b) (1) On or before July 1, 2027, the director shall submit a report to the relevant budget and policy committees of the Legislature and the Legislative Analyst’s Office regarding the status of the program and the program’s progress towards achieving its goals and objectives. The report shall include information regarding the findings of the committee, and incorporate, as applicable, information related to the program from the outcome of the service-based budget review conducted pursuant to Section 712.1. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on July 1, 2031, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2020, Ch. 345, Sec. 8. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  138. 6595.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    Fees and interest collected under this article must be deposited in the Fish and Game Preservation Fund, and the department must keep internal accountability for how the funds are spent.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6595. (a) All fees collected by the department pursuant to this article, and any interest earned on those fees, shall be deposited in the Fish and Game Preservation Fund and shall be available, upon appropriation by the Legislature, solely for purposes of the program. The department shall maintain the internal accountability necessary to ensure that expenditures of these funds meet the requirements and restrictions of the purposes of the program. (b) An amount, not to exceed 15 percent of the total annual revenues deposited in the Fish and Game Preservation Fund pursuant to this article, may be appropriated for the administration of the program, including any reasonable and necessary expenses incurred by members of the advisory panel in the discharge of their duties pursuant to this article and the compensation and expenses provided for the members of the committee pursuant to subdivision (e) of Section 6594.1. (Amended by Stats. 2020, Ch. 345, Sec. 9. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  139. 6596.1.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    Certain fishing activities in specified ocean waters require an ocean enhancement validation, and the commission may adjust the fee amounts.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6596.1. (a) In addition to a valid California sport fishing license and any other applicable license validation issued pursuant to this code, a person taking fish from ocean waters south of a line extending due west from Point Arguello for purposes other than for profit shall have a valid sport fishing ocean enhancement validation permanently affixed to his or her fishing license. A sport fishing ocean enhancement validation shall be issued upon payment of a base fee of three dollars and fifty cents ($3.50). A sport fishing license issued pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149.05 is not subject to this subdivision. (b) In addition to a valid California commercial passenger fishing boat license issued pursuant to Section 7920, the owner of any boat or vessel who, for profit, permits any person to fish therefrom, south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued for that vessel that has not been suspended or revoked. (c) Any person who takes, possesses aboard a boat, or lands any white sea bass for commercial purposes south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued to that person that has not been suspended or revoked. (d) The base fee for a commercial ocean fishing enhancement validation is thirty-five dollars ($35). (e) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (f) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713. (g) The commission shall adjust the amount of the fees specified in subdivision (f), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses. (Amended by Stats. 2012, Ch. 565, Sec. 19. (SB 1148) Effective January 1, 2013. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  140. 6596.3.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    The director must provide for input to be solicited from people who pay the Section 6596.1 fee, and may use a public or private entity to do it.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6596.3. The director shall provide for the solicitation of input from every person who pays a fee pursuant to Section 6596.1 on the direction of the program. The director may contract with a public or private entity to undertake this solicitation. (Added by Stats. 2020, Ch. 345, Sec. 10. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  141. 6597.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    The department may contract for research projects, may accept volunteer assistance for program operations, and research and research results must be publicly available.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6597. (a) The department may contract with any public or private entity to conduct research projects pursuant to this article. (b) The department may accept volunteer assistance for program operations, including, but not limited to, assistance with regard to grow-out facilities, provided that volunteers do not displace existing state employees. (c) All research and research results conducted through the program shall be publicly available. (Amended by Stats. 2020, Ch. 345, Sec. 11. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  142. 6597.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    This program is open to participation by certain qualified institutions and businesses.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6597.5. It is in the interest of the state to have broad participation in enhancement programs. Therefore, this program shall be open to participation by qualified academic institutions, as determined by the department, and nonprofit organizations, commercial aquaculturists, and for profit enterprises. (Added by Stats. 1992, Ch. 987, Sec. 7. Effective January 1, 1993. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
  143. 6598.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

    Verify source ↗

    This article stays in effect only until January 1, 2028, and is repealed on that date.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5. Fish Planting and Propagation [6400 - 6598] ( Chapter 5 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 8. Ocean Fishery Research [6590 - 6598] ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. ) ## 6598. This article shall remain in effect only until January 1, 2028, and as of that date is repealed. (Repealed and added by Stats. 2020, Ch. 345, Sec. 13. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Art. 8, commencing with Sec. 6590.)
  144. 6600.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    This section says the act is known as the California Marine Resources Legacy Act and may be cited by that name.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6600. This act shall be known, and may be cited, as the California Marine Resources Legacy Act. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  145. 6601.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    The section states legislative findings about California marine resources and says any partial removal program for oil platforms should meet specified criteria.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6601. The Legislature finds and declares all of the following: (a) California’s extraordinary marine biological diversity is a vital asset to the state and nation. The diversity of species and ecosystems found in the ocean waters off the state is important to public health and well-being, ecological health, and ocean-dependent economic activities. (b) Although the state maintains various programs to protect, restore, and enhance California’s marine resources, the effect of these programs is limited by inadequate and unstable funding. (c) There is an existing permitting process for decommissioning and fully removing offshore oil platforms or production facilities. Owners and operators are currently responsible for the full cost of decommissioning and remediating those facilities. (d) According to the United States Department of the Interior, the 23 oil and gas platforms in federal waters off the California coast are expected to reach the end of their useful production lifetimes and be decommissioned between 2015 and 2030. (e) The California Ocean Science Trust in its June 2010 study, titled “Evaluating Alternatives for Decommissioning California’s Offshore Oil and Gas Platforms: A Technical Analysis to Inform State Policy,” analyzed a number of decommissioning alternatives to full rig removal and determined that the most likely alternative is to remove the upper portion of the rig and leave the remainder of the structure in place. (f) The California Ocean Science Trust report and other studies indicate that the partial removal option can result in a net benefit to the marine environment and substantial cost savings compared to full removal of an oil platform or production facility. (g) Provided that partial removal of an oil rig would result in a net benefit to the marine environment compared to full removal, it is in the interest of the state that a portion of the cost savings that result from partial removal should be shared with the citizens of this state to protect and enhance the state’s marine resources. (h) It is also in the interest of the state that any program to allow partial removal of oil platforms meet all of the following criteria: (1) Partial removal shall result in a net benefit to the marine environment compared to full removal. (2) The determination of whether partial removal would result in a net benefit to the marine environment should be made only after scientific study and evaluation. (3) Because the location and depth of an oil platform, as well as other ecological factors, create a unique environment, each oil platform shall be subject to scientific study and evaluation before partial removal is allowed. (4) The costs of the scientific study and evaluation should be borne by the applicant. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  146. 6602.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter on California marine resources and offshore oil structure partial removal.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6602. For purposes of this chapter, the following terms have the following meanings: (a) “Applicant” means the owner or operator of an offshore oil structure in state or federal waters or another party responsible for decommissioning an offshore oil structure in state or federal waters who applies pursuant to this chapter to carry out partial removal of the structure. (b) “Commission” means the State Lands Commission. (c) “Conservancy” means the State Coastal Conservancy. (d) “Cost savings” means the difference between the estimated cost to the applicant of complete removal of an oil platform as required by state and federal leases and the estimated costs to the applicant of partial removal of the oil platform pursuant to this chapter. (e) “Council” means the Ocean Protection Council. (f) “Endowment” means the California Endowment for Marine Preservation established in Division 37 (commencing with Section 71500) of the Public Resources Code. (g) “Exclusive economic zone (EEZ)” means the zone as measured from the mean high tide line seaward to 200 nautical miles, as set forth in Presidential Proclamation 5030 of March 10, 1983, in which the United States proclaimed jurisdiction over the resources of the ocean within 200 miles of the coastline. (h) “National Fishing Enhancement Act of 1984” means Title II of Public Law 98-623. (i) “Offshore oil structure” means platforms, piers, and artificial islands located seaward of mean lower low water, used for oil and gas exploration, development, production, processing, or storage. (j) “Oil” means any kind of petroleum, liquid hydrocarbons, natural gas, or petroleum products or any fraction or residues therefrom. (k) “Open coastal marine resources” means those marine resources that use open coastal waters as their habitat. (l) “Open coastal waters” means the area composed of the submerged lands of the state that are below the mean lower low water, extending seaward to the boundaries of the exclusive economic zone. (m) “Partial removal” means an alternative to full removal of an offshore oil structure, in compliance with all requirements of this chapter. (n) “State waters” means waters within the seaward boundary of the state as identified in Section 2 of Article III of the California Constitution. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  147. 6603.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    An applicant may voluntarily apply to the department for partial removal of an offshore oil structure, and the department generally serves as the primary authority for the program.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6603. (a) This chapter establishes a program through which an applicant may voluntarily apply to the department to carry out partial removal of the structure. (b) The program established pursuant to this chapter shall be deemed consistent with, and part of, the California Artificial Reef Program pursuant to Article 2 (commencing with Section 6420) of Chapter 5 for purposes of compliance with federal law including the National Fishing Enhancement Act of 1984. (c) Except as specified in Section 6604, the department shall serve as the primary authority for carrying out the program, including review and approval of applications to partially remove an offshore oil structure in state or federal waters and management and operation of decommissioned offshore oil structures in state or federal waters approved pursuant to this chapter. (d) Final approval of an application shall not be granted until the applicant complies with all requirements of the chapter, including the payment of all costs to the state to review and approve the proposed project as required by subdivision (b) of Section 6612 and the transmittal of the required portion of cost savings to the endowment and other parties as required by Section 6618. (e) The department may obtain funds for the planning, development, maintenance, and operation of an offshore oil structure transferred to the department pursuant to this chapter and may accept gifts, subventions, grants, rebates, reimbursements, and subsidies from any lawful source. (f) The department may adopt regulations to implement this chapter. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  148. 6604.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    A project to partially remove an offshore oil structure must be reviewed under CEQA time limits, and the Natural Resources Agency must serve as the lead agency for that review.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6604. (a) A proposed project to partially remove an offshore oil structure pursuant to this chapter is a project as defined in subdivision (c) of Section 21065 of the Public Resources Code and is therefore subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be reviewed pursuant to the time limits established in Section 21100.2 of the Public Resources Code. (b) The Natural Resources Agency shall serve as the lead agency for the environmental review of any project proposed pursuant to this chapter. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  149. 6605.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    This section says the chapter should not be read to change agency authority or duties, create new state liability, relieve certain offshore oil structure parties from continuing liability in specified cases, or treat partial removal as mitigation.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 1. General Provisions [6600 - 6605] ( Article 1 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6605. (a) Nothing in this chapter is intended, and it shall not be construed, to limit or affect the authority or duties of any state or local agency, including, but not limited to, the commission, the council, and the California Coastal Commission. (b) Nothing in this chapter shall be construed to do any of the following: (1) Relieve the applicant or prior owner or operator of an offshore oil structure from any continuing liability under any of the following, if the liability is associated with seepage or release of oil from an offshore oil structure that was decommissioned pursuant to an order of, or any action taken by, and in accordance with, any applicable rule or regulation of, any federal or state agency: (A) Any state statute or regulation regarding liability for the spilling of oil. (B) The federal Oil Pollution Act of 1990 (33 U.S.C. Sec. 2701 et seq.). (C) Any other provision of law. (2) Establish any new liability on the part of the state. (3) Require any agency with jurisdiction to approve the partial removal of an offshore oil structure. (4) Promote, encourage, or facilitate offshore oil exploration, development, and production within California’s open coastal waters. (5) Require the United States Department of the Interior or the commission to modify, amend, or alter an existing oil and gas lease to approve partial removal of an offshore oil structure. (6) Alter any existing law or applicable rule or regulation of any federal or state agency that establishes liability for damages arising with respect to artificial reefs or reef materials, including, but not limited to, components of decommissioned oil structures. (7) Alter any existing law or policy that protects natural reefs. (8) Approve any particular method of abandonment. (c) Any partial removal of an offshore oil structure pursuant to this chapter shall not be used or counted as mitigation for any environmental impacts or natural resource damages. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  150. 6610.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    An owner, operator, or other responsible party may apply to the department for approval to partially remove an offshore oil structure.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6610. (a) An owner or operator, or other party responsible for decommissioning, of an offshore oil structure may apply to the department for approval to partially remove the structure pursuant to the requirements of this chapter. (b) The department shall design and make available to potential applicants an application process that will facilitate review of the application by the department in a timely manner, consistent with Section 6604. (c) Upon receipt of an application pursuant to this section, the department shall transmit a copy of the application to the council, the commission, and the endowment, which shall constitute notice to these agencies. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  151. 6611.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    An application for partial removal of an offshore oil structure must include specified plans, cost estimates, environmental determinations, and permit information. The department may also require a post-removal management plan, and the department, council, and commission make the final determinations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6611. (a) The application for partial removal shall include, at a minimum, all of the following: (1) The applicant’s plan and schedule for partial removal of the offshore oil structure, including removal of any portion of the structure as appropriate to maintain navigational safety. (2) A determination of the estimated cost of partial removal and the estimated cost of full removal. (3) A determination of the environmental impacts and benefits to the marine environment from partial removal and full removal of the structure. (4) Identification of all permits, leases, and approvals required by any governmental agency, including a permit issued by the United States Army Corps of Engineers if required for offshore oil structures, and a lease issued by the commission if the proposed project involves state tidelands and submerged lands, and a proposed schedule for the applicant or the state to receive those permits, leases, and approvals. (b) The department may require the applicant to submit a management plan for the structure following partial removal, including maintenance in a manner consistent with navigational safety, enforcement, and monitoring. (c) The information submitted pursuant to subdivisions (a) and (b) shall be used by the department for advisory purposes only. Final determinations regarding the partial removal and management of the offshore oil structure, net benefit to the marine environment from partial removal, and cost savings from partial removal shall be made solely by the department, council, and commission, as specified in this chapter, based on their independent review and judgment. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  152. 6612.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    This section requires the department to check whether a partial offshore oil structure removal application is complete, requires the applicant to provide financial assurances once the application is complete, and requires the first filer to pay startup costs and the lead agency to start environmental review as soon as feasible after agreement.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6612. (a) Upon receipt of an application to partially remove an offshore oil structure pursuant to this chapter, the department shall determine whether the application is complete and includes all information needed by the department. (b) (1) Upon a determination that the application is complete, the applicant shall provide surety bonds executed by an admitted surety insurer, irrevocable letters of credit, trust funds, or other forms of financial assurances, determined by the department to be available and adequate, to ensure that the applicant will provide sufficient funds to the department, council, commission, and conservancy to carry out all required activities pursuant to this article, including all of the following: (A) Environmental review of the proposed project pursuant to Section 6604. (B) A determination of net environmental benefit pursuant to Section 6613. (C) A determination of cost savings pursuant to Section 6614. (D) Preparation of a management plan for the structure pursuant to Section 6615. (E) Implementation of the management plan and ongoing maintenance of the structure after the department takes title pursuant to Section 6620. (F) Development of an advisory spending plan pursuant to Section 6621. (G) Other activities undertaken to meet the requirements of this article, including the costs of reviewing applications for completeness, and reviewing, approving, and permitting the proposed project, which includes the costs of determining whether the project meets the requirements of all applicable laws and regulations and the costs of environmental assessment and review. (2) The department shall consult with the council, commission, and conservancy in determining appropriate funding for activities to be carried out by those agencies. (3) The funds provided pursuant to paragraph (1) shall not be considered in the calculation of cost savings pursuant to Section 6614 or the apportionment of cost savings pursuant to Section 6618. (c) The first person to file an application on and after January 1, 2011, to partially remove an offshore oil structure pursuant to this chapter, shall pay, in addition to all costs identified under subdivision (b), the startup costs incurred by the department or the commission to implement this chapter, including the costs to develop and adopt regulations pursuant to this chapter. This payment of startup costs shall be reimbursed by the department as provided in paragraph (3) of subdivision (c) of Section 6618. (d) As soon as feasible after reaching the agreement pursuant to subdivision (b), the lead agency shall begin the environmental review of the proposed project as required pursuant to Section 6604. (Amended by Stats. 2011, Ch. 296, Sec. 103. (AB 1023) Effective January 1, 2012.)
  153. 6613.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    The council must decide whether partial removal of an offshore oil structure is better for the marine environment than full removal, and must set criteria and consult specified entities before making that decision.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6613. (a) The council shall determine whether the partial removal of an offshore oil structure pursuant to this chapter provides a net benefit to the marine environment compared to the full removal of the structure. (b) As a necessary prerequisite to determining net environmental benefit as required in subdivision (a), the council shall, upon receipt of its initial application from the department pursuant to Section 6610, establish appropriate criteria for evaluating the net environmental benefit of full removal and partial removal of offshore oil structures. (1) The criteria shall include, but are not limited to, the depth of the partially removed structure in relation to its value as habitat and the location of the structure, including its proximity to other reefs, both natural and artificial. (2) The criteria shall not include any consideration of the funds to be generated by the partial removal of the structure. (3) In determining the criteria, the council shall consult with appropriate entities, including, but not limited to, the department, the commission, the California Coastal Commission, and the California Ocean Science Trust. (4) The council shall establish the criteria in time to use them in making its initial determination of net environmental benefit pursuant to this section. (c) Upon certification of environmental documents pursuant to the California Environmental Quality Act, the council shall, based on the criteria developed pursuant to subdivision (b) and other relevant information, determine whether partial removal of the structure would provide a net benefit to the marine environment compared to full removal of the structure. In making the determination, the council shall, at a minimum, take into account the following: (1) The contribution of the proposed structure to protection and productivity of fish and other marine life. (2) Any adverse impacts to biological resources or water quality, or any other marine environmental impacts, from the full removal of the facility that would be avoided by partial removal as proposed in the application. (3) Any adverse impacts to biological resources or water quality, or any other marine environmental impacts, from partial removal of the structure as proposed in the application. (4) Any benefits to the marine environment that would result from the full removal of the structure or from partial removal as proposed in the application. (5) Any identified management requirements and restrictions of the partially removed structure, including, but not limited to, restrictions on fishing or other activities at the site. (d) Benefits resulting from the contribution of cost savings to the endowment shall not be considered in the determination of net environmental benefit. (e) The council may contract or enter into a memorandum of understanding with any other appropriate governmental or nongovernmental entity to assist in its determination of net environmental benefit. (f) The determination made pursuant to this section and submitted to the department by the council shall constitute the final determination and shall not be revised except by the council. (g) The council shall take all feasible steps to complete its determination in a timely manner that accommodates the department’s schedule for consideration of the application. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  154. 6614.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    The commission must calculate and review cost savings for partial removal of an offshore oil structure, and the applicant must provide needed documentation.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6614. (a) Upon certification of the appropriate environmental documents by the lead agency, the commission shall determine, or cause to be determined, the cost savings that will result from the partial removal of an offshore oil structure as proposed in the application compared to full removal of the structure. (b) The commission shall ensure that any cost savings are accurately and reasonably calculated. The commission may contract or enter into a memorandum of understanding with any other appropriate governmental agency or other party, including an independent expert, to ensure that cost savings are accurately and reasonably calculated. (c) The commission shall consider any estimates of cost savings made by any governmental agency, including, but not limited to, the Internal Revenue Service, the Franchise Tax Board, and the United States Department of the Interior. The commission shall include in its determination a written explanation, which shall be available to the public, of the differences, and the reasons for the differences, between the commission’s determination of cost savings and any other estimates of cost savings the commission considered. (d) The applicant shall provide all necessary documentation, as determined by the commission, to allow the commission to calculate the amount of cost savings. Failure to provide information requested by the commission in a timely manner may result in rejection of the application. (e) The determination made pursuant to this section and submitted to the department by the commission shall constitute the final determination and shall not be revised except by the commission. (f) The commission shall take all feasible steps to complete its determination in a timely manner that accommodates the department’s schedule for consideration of the application. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  155. 6615.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    Before approving certain offshore oil structure removal applications, the department must prepare a management plan, allow public comment, and hold a public hearing.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6615. Prior to granting conditional approval of an application for partial removal of an offshore oil structure, the department shall do all of the following: (a) Prepare a plan to manage the offshore oil structure after its partial removal. The plan shall include measures to manage fishery and marine life resources at and around the structure in a manner that will ensure that the net benefits to the marine environment identified pursuant to Section 6613 are maintained or enhanced. Consistent with state and federal law, management measures may include a buffer zone in which fishing or removal of marine life is restricted or prohibited. (b) Provide an opportunity for public comment on the application pursuant to the California Environmental Quality Act. (c) Hold a public hearing in the county nearest to the location of the offshore oil structure that is the subject of the application. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  156. 6616.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    The department may conditionally approve an application to partially remove an offshore oil structure only if all listed requirements are met.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6616. The department may grant conditional approval of an application for partial removal of an offshore oil structure only if all of the following criteria are satisfied: (a) The partial removal of the offshore oil structure and the planning, development, maintenance, and operation of the structure would be consistent with all applicable state, federal, and international laws, including, but not limited to, all of the following: (1) The federal Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.). (2) The federal National Fishing Enhancement Act of 1984 (33 U.S.C. Sec. 2101 et seq.). (3) The federal Coastal Zone Management Act (16 U.S.C. Sec. 1451 et seq.). (4) The California Coastal Management Program. (5) The Marine Life Management Act (Part 1.7 (commencing with Section 7050)). (6) The Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3). (7) State and federal water quality laws. (8) Navigational safety laws. (b) The partial removal of the offshore oil structure provides a net benefit to the marine environment compared to full removal of the structure, as determined pursuant to Section 6613. (c) The cost savings that would result from the conversion of the offshore oil platform or production facility have been determined pursuant to Section 6614. (d) The applicant has provided sufficient funds consistent with subdivision (b) of Section 6612. (e) The department and the applicant have entered into a contractual agreement whereby the applicant will provide sufficient funds for overall management of the structure by the department, including, but not limited to, ongoing management, operations, maintenance, monitoring, and enforcement as these relate to the structure. (f) The department has entered into an indemnification agreement with the applicant that indemnifies the state and the department, to the extent permitted by law, against any and all liability that may result, including, but not limited to, active negligence, and including defending the state and the department against any claims against the state for any actions the state undertakes pursuant to this article. The agreement may be in the form of an insurance policy, cash settlement, or other mechanism as determined by the department. In adopting indemnification requirements for the agreement, the department shall ensure that the state can defend itself against any liability claims against the state for any actions the state undertakes pursuant to this article and pay any resulting judgments. The department shall consult with and, as necessary, use the resources of the office of the Attorney General in preparing and entering into the indemnification agreement. (g) The applicant has applied for and received all required permits, leases, and approvals issued by any governmental agency, including, but not limited to, a lease issued by the commission if the proposed project involves state tidelands and submerged lands. For structures located in federal waters, all of the following requirements shall be met: (1) The department and the owner or operator of the structure reach an agreement providing for the department to take title to the platform or facility as provided in Section 6620. (2) The department acquires the permit issued by the United States Army Corps of Engineers. (3) The partial removal of the structure is approved by the Bureau of Ocean Energy Management, Regulation and Enforcement of the United States Department of the Interior. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  157. 6617.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    If the requirements of Sections 6615 and 6616 are met, the department must grant conditional approval for an application to partially remove an offshore oil structure.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6617. Upon a finding that all the requirements of Sections 6615 and 6616 have been met, the department shall grant conditional approval to an application for partial removal of an offshore oil structure. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  158. 6618.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    After conditional approval, the owner or operator must apportion and transmit cost savings from partial removal of an offshore oil structure, and the applicant must send specified percentages to listed entities.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6618. (a) The cost savings from the partial removal of an offshore oil structure, as determined pursuant to Section 6614, shall be apportioned and transmitted as described in this section. (b) Upon receipt of conditional approval pursuant to Section 6617, the owner or operator of the structure shall apportion and directly transmit a portion of the total amount of the cost savings to the entities in subdivision (c) as follows: (1) Fifty-five percent, if transmitted before January 1, 2017. (2) Sixty-five percent, if transmitted on or after January 1, 2017, and before January 1, 2023. (3) Eighty percent, if transmitted on or after January 1, 2023. (c) Of the total amount of the cost savings to be transmitted pursuant to subdivision (b), the applicant shall directly transmit the following amounts to the following entities: (1) Eighty-five percent shall be deposited into the California Endowment for Marine Preservation established pursuant to Division 37 (commencing with Section 71500) of the Public Resources Code. (2) Ten percent shall be deposited into the General Fund. (3) Two percent shall be deposited into the Fish and Game Preservation Fund for expenditure, upon appropriation by the Legislature, by the department to pay any costs imposed by this chapter that are not otherwise provided for pursuant to subdivision (b) of Section 6612 and subdivision (e) of Section 6616. Any moneys remaining in the Fish and Game Preservation Fund, after providing for these costs, shall be used, upon appropriation by the Legislature, first to reimburse the payment of the startup costs described in subdivision (c) of Section 6612, and thereafter to conserve, protect, restore, and enhance the coastal and marine resources of the state consistent with the mission of the department. (4) Two percent shall be deposited into the Coastal Act Services Fund, established pursuant to Section 30620.1 of the Public Resources Code, and shall be allocated to support state agency work involving research, planning, and regulatory review associated with the application and enforcement of coastal management policies in state and federal waters pursuant to state and federal quasi-judicial authority over offshore oil and gas development. (5) One percent shall be deposited with the board of supervisors of the county immediately adjacent to the location of the facility prior to its decommissioning. The amount paid to the county shall be managed pursuant to paragraph (1) of subdivision (d) of Section 6817 of the Public Resources Code. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  159. 6619.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    The department must grant final approval of a partial removal application for an offshore oil structure once it determines the full cost savings have been transmitted under Section 6618.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6619. Upon a determination by the department that the full amount of cost savings has been transmitted pursuant to Section 6618, the department shall grant final approval of the application for partial removal of an offshore oil structure. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  160. 6620.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    The department may not take title to, or manage, a decommissioned offshore oil structure in open coastal waters until decommissioning and partial removal are completed and the listed approval and indemnity requirements are met.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6620. The department shall not take title to a decommissioned offshore oil structure in open coastal waters or take responsibility for management of the structure pursuant to this article until decommissioning and partial removal of the structure have been completed and both of the following requirements are met: (a) The partial removal of the structure has been granted final approval by the department. (b) The state is indemnified, as required in subdivision (f) of Section 6616, from any liability that may result from approving the partial removal of an offshore oil structure or any liability that may result from the ownership of the structure. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  161. 6621.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. )

    Verify source ↗

    The conservancy must create an advisory spending plan after the first approved partial-removal application, update it at least every five years and after each additional approval, and send copies to the Legislature and the Board of Directors of the California Endowment for Marine Preservation.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 5.5. California Marine Resources Legacy Act [6600 - 6621] ( Chapter 5.5 added by Stats. 2010, Ch. 687, Sec. 1. ) ## ARTICLE 2. Partial Removal of Offshore Oil Structures [6610 - 6621] ( Article 2 added by Stats. 2010, Ch. 687, Sec. 1. ) ## 6621. Upon the department’s final approval of the first application for partial removal of an offshore oil structure pursuant to Section 6619, the conservancy shall create an advisory spending plan for cost savings deposited in the endowment, to provide the Board of Directors of the California Endowment for Marine Preservation with guidance on spending those funds. The conservancy shall update the spending plan no less than once every five years, except the conservancy shall also update the spending plan when each additional application for partial removal is approved. The conservancy shall submit a copy of the spending plan and all updates to the plan to the Legislature, in accordance with Section 9795 of the Government Code, and to the Board of Directors of the California Endowment for Marine Preservation. (Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
  162. 6650.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    People harvesting kelp or other aquatic plants for profit in California waters must have a license for that activity.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6650. Every person engaged in harvesting kelp or other aquatic plants for profit in the waters of this State shall have a license for that purpose. (Enacted by Stats. 1957, Ch. 456.)
  163. 6651.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A kelp or aquatic plants harvest license is issued when the applicant applies and pays $100 to the department, and the commission must adjust fees to recover administrative and implementation costs without exceeding them.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6651. (a) A license granting the privilege to harvest kelp or other aquatic plants shall be issued upon application and the payment of a fee of one hundred dollars ($100) to the department. The license shall be valid from January 1 to December 31, inclusive, or, if issued after the beginning of that term, for the remainder thereof. (b) The commission shall adjust the amount of the fees specified in subdivision (a), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses. (c) This chapter does not apply to aquatic plants grown on private land or on state water bottoms leased pursuant to Division 12 (commencing with Section 15000). (Amended by Stats. 2012, Ch. 559, Sec. 22. (AB 2402) Effective January 1, 2013.)
  164. 6652.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    People harvesting kelp must weigh wet kelp right after delivery, record the weight in the licensee’s book, keep the book open for department inspection, and file a monthly weight statement with the department within 10 days after each month.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6652. (a) Every person engaged in harvesting kelp shall determine the weight of all wet kelp, immediately after it is delivered to the licensee’s place of business or elsewhere. The weight shall be entered in a book to be kept by the licensee. The book shall be open at all times to the inspection of the department. (b) The weight shall be determined by any method approved by the department, including the displacement method. (c) Every person engaged in harvesting kelp shall, on or before 10 days after each month of the term of the license, deliver to the department a statement of the weight of all wet kelp harvested during the preceding month. (Amended by Stats. 2023, Ch. 132, Sec. 120. (AB 1760) Effective January 1, 2024.)
  165. 6653.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may adopt regulations needed to ensure proper harvesting of kelp and other aquatic plants.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6653. The commission may make such regulations as may be necessary to insure the proper harvesting of kelp and other aquatic plants. (Enacted by Stats. 1957, Ch. 456.)
  166. 6653.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may issue permits to dry agar-bearing marine plants, and a person may not dry them for profit without a permit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6653.5. (a) The department may issue permits for the drying of agar-bearing marine plants subject to the regulations the commission may prescribe to provide for proper utilization of that resource. (b) No person shall dry agar-bearing marine plants for profit unless the person has a permit issued under this section. (Added by Stats. 1984, Ch. 242, Sec. 1.)
  167. 6654.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If the commission finds kelp harvesting would damage kelp beds or fish food supplies, the department must give written notice to every licensed kelp harvester that the affected kelp beds are closed to harvesting for up to one year.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6654. If, at any time, the commission finds that the harvesting of kelp will tend to destroy or impair any kelp bed or beds, or parts thereof, or tend to impair or destroy the supply of any food for fish, the department shall serve on every person licensed to harvest kelp a written notice that the kelp bed or beds, or parts thereof, shall be closed to the harvesting of kelp for a period not to exceed one year. (Enacted by Stats. 1957, Ch. 456.)
  168. 6655.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A person served with notice may demand a hearing within 10 days, and the commission and department must then give hearing notices on the stated timelines.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6655. Within 10 days after the service of such a notice, the person upon whom notice is served may demand a hearing upon the necessity for the closing of the kelp bed or beds, or parts thereof. Upon such demand for a hearing, the commission shall fix a time and place for the taking of evidence upon the necessity for the closing, which time shall be not less than 10 days nor more than 30 days from the date of such demand. The department shall serve written notice of the time and place of the hearing upon the person demanding the hearing, at least 10 days before the day set for the hearing. If no demand is made for a hearing within the time prescribed the kelp bed or beds, or parts thereof, shall remain closed to the harvesting of kelp for the time mentioned in the order. (Enacted by Stats. 1957, Ch. 456.)
  169. 6656.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may revoke a license and bar reissuance for up to one year if a licensee harvested kelp from a closed bed after notice or violated a commission kelp rule; any proceeding under this section must be held at a regularly scheduled commission meeting.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6656. (a) The commission may revoke a license and prohibit its reissuance for a period of not more than one year, in either of the following circumstances: (1) The licensee harvested kelp from a bed that was closed, after the department served notice of the closure on the licensee and before the bed was reopened. (2) The licensee violated any law or regulation of the commission relating to kelp. (b) A proceeding pursuant to this section shall be conducted at one of the commission’s regularly scheduled meetings. (Amended by Stats. 2023, Ch. 132, Sec. 121. (AB 1760) Effective January 1, 2024.)
  170. 6657.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission may grant permits for kelp harvesting for scientific or experimental purposes, subject to regulations it sets, and the license or royalty does not have to be paid.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. General Provisions [6650 - 6657] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6657. The commission may, subject to regulations it deems proper, grant permits to any department of the United States Government or to any scientific or any educational institution, to harvest kelp at any time for scientific or experimental purposes without the payment of the kelp license or royalty imposed by this chapter. (Amended by Stats. 2023, Ch. 132, Sec. 122. (AB 1760) Effective January 1, 2024.)
  171. 6680.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Royalties [6680- 6680.] ( Heading of Article 2 amended by Stats. 1967, Ch. 1348. )

    Verify source ↗

    People harvesting kelp or other aquatic plants must pay a royalty in addition to the chapter’s license fee, at a rate the commission prescribes, with a minimum of $0.05 per ton.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Royalties [6680- 6680.] ( Heading of Article 2 amended by Stats. 1967, Ch. 1348. ) ## 6680. In addition to the license fee provided for in this chapter, every person harvesting kelp or other aquatic plants shall pay a royalty, as the commission may prescribe, of not less than five cents ($0.05) per ton of wet kelp or wet aquatic plants harvested. Any revenues derived from such royalties shall not be available for expenditures until appropriated. (Amended by Stats. 1967, Ch. 1348.)
  172. 67.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    This section defines “person” to include natural persons and several business or organizational forms.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 67. “Person” means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. (Amended by Stats. 1994, Ch. 1010, Sec. 121. Effective January 1, 1995.)
  173. 6700.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    The commission may lease the exclusive privilege to harvest kelp in designated kelp beds if it finds the lease is in the public interest.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6700. The commission may lease to any person the exclusive privilege to harvest kelp in any designated kelp bed, or part thereof, if the commission determines that the lease is in the public interest. The commission shall describe the kelp beds of the state and adopt regulations for the leasing of the beds. (Repealed and added by Stats. 1984, Ch. 1373, Sec. 2.)
  174. 6701.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    People who want to lease the exclusive privilege to harvest kelp must file a written application with the commission.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6701. Persons wishing to lease the exclusive privilege to harvest kelp shall submit a written application to the commission. An application shall include all of the following, and any other information the commission may prescribe: (a) The number of the kelp bed or beds to be leased. (b) The designated number of square miles in each bed. (Repealed and added by Stats. 1984, Ch. 1373, Sec. 2.)
  175. 6701.5.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    An applicant for a kelp bed lease must submit a deposit of at least $40 per square mile (or fraction) of the designated kelp bed area, and the deposit must be refunded unless a lease is executed.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6701.5. A deposit of not less than forty dollars ($40) for each square mile, or fraction thereof, of the total area of the kelp bed or beds which are designated in the application shall be submitted with the application. The deposit shall be refunded to the person making the application unless a lease is executed. (Added by Stats. 1984, Ch. 1373, Sec. 2.)
  176. 6702.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    If the commission finds a kelp bed is available for lease and leasing is in the public interest, it must publish notice; if there is more than one lease application, it must advertise for bids and award the lease to the highest qualified bidder.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6702. (a) If the commission finds that the kelp beds included in the application are available for lease and that the lease would be in the public interest, the commission shall publish a notice that the area is being considered for leasing. (b) The commission shall have legal notices published in a newspaper of general circulation in each county where the kelp bed, or any part thereof, is located, describing the area to be leased and the type of operation to be conducted. Except as provided in this subdivision, the publication shall be made pursuant to Section 6066 of the Government Code. (c) If the commission receives more than one application for the lease of a kelp bed or beds, it shall advertise for bids on the area being considered for leasing. The commission shall award the lease of that area to the highest qualified bidder. (Repealed and added by Stats. 1984, Ch. 1373, Sec. 2.)
  177. 6703.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    A lease for the exclusive privilege of harvesting kelp cannot have an initial term over 20 years, and a lessee cannot hold an exclusive lease covering more than the stated area limit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6703. The initial term of a lease for the exclusive privilege of harvesting kelp shall not exceed 20 years. No lessee shall have an exclusive lease, excluding subleases, to an area in excess of 25 square miles or 50 percent of the total area of the kelp resource as shown on the maps of the resource prepared by the commission, whichever is greater. (Amended by Stats. 1988, Ch. 295, Sec. 1.)
  178. 6704.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    Kelp bed leases must set a pre-expiration period for renewal requests, and the commission must advertise for bids if renewal terms are not agreed, the lessee did not comply, or no timely renewal request is made. Any renewal term may not exceed 20 years.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6704. (a) Each kelp bed lease shall specify a period prior to expiration when renewal of the lease may be requested by the lessee. If the commission determines that the lessee has complied with the terms of the lease, the lessee shall have a prior right to renew the lease on terms agreed upon between the commission and the lessee. (b) If terms for a renewal of the lease are not agreed upon, or the commission determines that the lessee has not complied with the terms of the lease, the commission shall advertise for bids on the individual kelp beds comprising the lease. (c) If a request for renewal is not made during the specified period by the lessee, the commission shall advertise for bids on the individual kelp beds comprising the lease. (d) The duration of the term of any renewal of a lease shall not exceed 20 years. (Amended by Stats. 2023, Ch. 132, Sec. 123. (AB 1760) Effective January 1, 2024.)
  179. 6706.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    The commission and the lessee may agree on a new lease during the lease term if the commission finds it is in the state’s best interest. The new lease’s initial term may not exceed 20 years.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6706. Notwithstanding Sections 6703 and 6704, at any time during the term of a lease, the commission and the lessee may negotiate and enter into a new lease on terms agreed upon between the two parties, if the commission determines that such a new lease would be in the best interest of the state. The initial term of the new lease shall not exceed 20 years. (Repealed and added by Stats. 1984, Ch. 1373, Sec. 2.)
  180. 6707.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    Each lease must require royalty and advance-payment terms for kelp harvesting, and must provide for lease forfeiture if the annual payment is not made in advance.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6707. (a) Each lease shall require, in addition to the license fee required by this chapter, a payment by the lessee or any sublessee of not less than the minimum royalty established under Article 2 (commencing with Section 6680), for all kelp harvested from the lease area, and shall provide for an annual advance payment of not less than forty dollars ($40) per square mile per year for the kelp bed leased, to be credited against the amount payable by the lessee, or sublessee, as the case may be, for each ton of kelp harvested during the ensuing year. (b) The lease shall, in addition, include provisions for forfeiture of the lease if the annual payment is not made in advance. (Amended by Stats. 2023, Ch. 132, Sec. 125. (AB 1760) Effective January 1, 2024.)
  181. 6708.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    A lessee may not assign the lease or grant subleases or other rights without the commission’s prior approval.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6708. A lease may not be assigned, in whole or in part, by the lessee, either voluntarily or by operation of law, and no subleases or other rights may be granted thereunder by the lessee without the prior approval of the commission, subject to the conditions that the commission prescribes. The lease shall be forfeited in the event of a violation of this section. Each lease shall contain a statement of the contents of this section. (Amended by Stats. 1988, Ch. 295, Sec. 3.)
  182. 6709.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    Leases and renewals must be submitted to, and approved by, the Department of General Services.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6709. A lease, or any renewal thereof, shall be submitted to, and approved by, the Department of General Services. (Added by Stats. 1984, Ch. 1373, Sec. 2.)
  183. 6710.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    If the commission grants an exclusive kelp-harvesting lease, it must send a true copy to the department, and the department must record a notice in the county recorder’s office.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6710. When an exclusive privilege to harvest kelp has been granted by lease by the commission, the commission shall furnish a true copy thereof to the department. The department shall file a notice for record in the recorder’s office of the county in which the kelp bed or beds, or part thereof, are located, setting forth the name of the person having the privilege, the description of the kelp bed or beds, or part thereof, and the time for which the privilege has been granted. The notice required to be filed for record under this section may be a copy of the executed lease. (Added by Stats. 1984, Ch. 1373, Sec. 2.)
  184. 6711.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. )

    Verify source ↗

    The department must tell the State Lands Commission about all kelp bed leases made under this chapter and provide any lease information the Commission requires.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 3. Exclusive Leases [6700 - 6711] ( Article 3 repealed and added by Stats. 1984, Ch. 1373, Sec. 2. ) ## 6711. The department shall inform the State Lands Commission of all kelp bed leases executed pursuant to this chapter, and shall furnish the State Lands Commission with the information concerning these leases that it may require. (Added by Stats. 1984, Ch. 1373, Sec. 2.)
  185. 6750.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Noncommercial Use of Kelp [6750 - 6751] ( Article 4 added by Stats. 1972, Ch. 468. )

    Verify source ↗

    The commission may regulate non-profit kelp taking, collecting, harvesting, gathering, or possession.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Noncommercial Use of Kelp [6750 - 6751] ( Article 4 added by Stats. 1972, Ch. 468. ) ## 6750. The commission may regulate the taking, collecting, harvesting, gathering, or possession of kelp for purposes other than profit. (Added by Stats. 1972, Ch. 468.)
  186. 6751.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Noncommercial Use of Kelp [6750 - 6751] ( Article 4 added by Stats. 1972, Ch. 468. )

    Verify source ↗

    This section says certain earlier kelp rules do not apply to taking, collecting, harvesting, gathering, or possessing kelp under this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 6. Kelp and Other Aquatic Plants [6650 - 6751] ( Chapter 6 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 4. Noncommercial Use of Kelp [6750 - 6751] ( Article 4 added by Stats. 1972, Ch. 468. ) ## 6751. The provisions of Article 1 (commencing with Section 6650), Article 2 (commencing with Section 6680), and Article 3 (commencing with Section 6700) of this chapter do not apply to the taking, collecting, harvesting, gathering, or possession of kelp under this article. (Added by Stats. 1972, Ch. 468.)
  187. 68.

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. )

    Verify source ↗

    “Purchase” is defined to mean “buy.”

    ## Fish and Game Code - FGC ## DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] ( Division 0.5 heading added by Stats. 1998, Ch. 1052, Sec. 2. ) ## CHAPTER 1 General Definitions [1. - 89.5] ( Chapter 1 heading added by Stats. 1998, Ch. 1052, Sec. 2.5. ) ## 68. “Purchase” means “buy” as defined in Section 24. (Added by Stats. 1985, Ch. 1403, Sec. 2.)
  188. 6850.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Frogs [6850 - 6855] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This article defines “frog” to mean all species of frog.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Frogs [6850 - 6855] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6850. As used in this article, “frog” means all species of frog. (Amended by Stats. 1975, Ch. 697.)
  189. 6851.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Frogs [6850 - 6855] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Frogs may not be taken or possessed for commercial purposes, unless another code provision or commission regulation says otherwise.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Frogs [6850 - 6855] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6851. Except as otherwise provided in this code or in regulations adopted by the commission, it is unlawful to take or possess any frog for commercial purposes. This article does not apply to frogs grown pursuant to Division 12 (commencing with Section 15000). (Amended by Stats. 1982, Ch. 1486, Sec. 16.5.)
  190. 6852.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Frogs [6850 - 6855] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Some people dealing with frogs may keep them only at the business location, if the frogs were legally obtained.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Frogs [6850 - 6855] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6852. Any person who conducts a place of business where frogs are sold to the public for food, or who takes or possesses frogs for sale to, or for use by, educational or scientific institutions for scientific purposes, may possess only at the place of business any number of frogs which have been legally obtained pursuant to this code or regulations adopted by the commission. (Amended by Stats. 1982, Ch. 1486, Sec. 17.)
  191. 6854.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Frogs [6850 - 6855] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    It is unlawful to take frogs using firearms of any caliber or type.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Frogs [6850 - 6855] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6854. It is unlawful to take frogs by the use of firearms of any caliber or type. (Amended by Stats. 1975, Ch. 697.)
  192. 6855.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Frogs [6850 - 6855] ( Article 1 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The department may issue a permit to take and dispose of frogs when it judges the frogs are polluting water supplies or are otherwise a nuisance, and the commission may set permit limitations.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 1. Frogs [6850 - 6855] ( Article 1 enacted by Stats. 1957, Ch. 456. ) ## 6855. The department may issue a permit to take and dispose of frogs under such limitations as the commission may prescribe, when, in the judgment of the department, such frogs are polluting the water supply in any area, or otherwise constitute a nuisance. (Enacted by Stats. 1957, Ch. 456.)
  193. 6880.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    This section defines “frog-jumping contest” for this article.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 6880. As used in this article, “frog-jumping contest” means a contest generally and popularly known as a frog-jumping contest which is open to the public and is advertised or announced in a newspaper. (Enacted by Stats. 1957, Ch. 456.)
  194. 6881.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Frogs used in frog-jumping contests are governed only by this article, and they may be taken at any time without a license or permit.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 6881. Frogs to be used in frog-jumping contests shall be governed by this article only. Frogs to be so used may be taken at any time and without a license or permit. (Enacted by Stats. 1957, Ch. 456.)
  195. 6882.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    If the method used to take frogs would normally seriously injure them, the taking is conclusively presumed not to be for a frog-jumping contest.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 6882. If the means used for taking such frogs can, as normally used, seriously injure the frog, it shall be conclusively presumed the taking is not for the purposes of a frog-jumping contest. (Enacted by Stats. 1957, Ch. 456.)
  196. 6883.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    Any person may possess live frogs for frog-jumping contests, but if a frog dies or is killed it must be destroyed as soon as possible and must not be eaten or otherwise used.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 6883. Any person may possess any number of live frogs to use in frog-jumping contests, but if such a frog dies or is killed, it must be destroyed as soon as possible, and may not be eaten or otherwise used for any purpose. (Enacted by Stats. 1957, Ch. 456.)
  197. 6884.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    A frog that is not kept in a reasonable way to preserve its life is outside this article’s coverage.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 6884. A frog which is not kept in a manner which is reasonable to preserve its life is not within the coverage of this article. (Enacted by Stats. 1957, Ch. 456.)
  198. 6885.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. )

    Verify source ↗

    The commission cannot change this article by order, rule, or regulation.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 7. Amphibia [6850 - 6896] ( Chapter 7 enacted by Stats. 1957, Ch. 456. ) ## ARTICLE 2. Frog-Jumping Contests [6880 - 6885] ( Article 2 enacted by Stats. 1957, Ch. 456. ) ## 6885. The commission has no power to modify the provisions of this article by any order, rule, or regulation. (Enacted by Stats. 1957, Ch. 456.)
  199. 6900.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 1. Citation and Legislative Findings [6900 - 6903.5] ( Article 1 added by Stats. 1988, Ch. 1545, Sec. 2. )

    Verify source ↗

    This chapter is named the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 1. Citation and Legislative Findings [6900 - 6903.5] ( Article 1 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6900. This chapter shall be known and may be cited as the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act. (Added by Stats. 1988, Ch. 1545, Sec. 2. Effective September 30, 1988.)
  200. 6901.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 1. Citation and Legislative Findings [6900 - 6903.5] ( Article 1 added by Stats. 1988, Ch. 1545, Sec. 2. )

    Verify source ↗

    The Legislature states findings about declining salmon and steelhead populations and the need for habitat-focused, natural-production-based fisheries management.

    ## Fish and Game Code - FGC ## DIVISION 6. FISH [5500 - 9101] ( Division 6 enacted by Stats. 1957, Ch. 456. ) ## PART 1. GENERALLY [5500 - 6951] ( Part 1 enacted by Stats. 1957, Ch. 456. ) ## CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act [6900 - 6930] ( Chapter 8 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## ARTICLE 1. Citation and Legislative Findings [6900 - 6903.5] ( Article 1 added by Stats. 1988, Ch. 1545, Sec. 2. ) ## 6901. The Legislature, for purposes of this chapter, finds as follows: (a) According to the department, the natural production of salmon and steelhead trout in California has declined to approximately 1,000,000 adult chinook or king salmon, 100,000 coho or silver salmon, and 150,000 steelhead trout. (b) The naturally spawning salmon and steelhead trout resources of the state have declined dramatically within the past four decades, primarily as a result of lost stream habitat on many streams in the state. (c) Much of the loss of salmon and steelhead trout and anadromous fish in the state has occurred in the central valley. (d) Protection of, and an increase in, the naturally spawning salmon and steelhead trout resources of the state would provide a valuable public resource to the residents, a large statewide economic benefit, and would, in addition, provide employment opportunities not otherwise available to the citizens of this state, particularly in rural areas of present underemployment. (e) Proper salmon and steelhead trout resource management requires maintaining adequate levels of natural, as compared to hatchery, spawning and rearing. (f) Reliance upon hatchery production of salmon and steelhead trout in California is at or near the maximum percentage that it should occupy in the mix of natural and artificial hatchery production in the state. Hatchery production may be an appropriate means of protecting and increasing salmon and steelhead in specific situations; however, when both are feasible alternatives, preference shall be given to natural production. (g) The protection of, and increase in, the naturally spawning salmon and steelhead trout of the state must be accomplished primarily through the improvement of stream habitat. (h) Funds provided by the Legislature since 1978 to further the protection and increase of the fisheries of the state have been administered by the department in a successful program of contracts with local government and nonprofit agencies and private groups in ways that have attracted substantial citizen effort. (i) The department’s contract program has demonstrated that California has a large and enthusiastic corps of citizens that are eager to further the restoration of the stream and fishery resources of this state and that are willing to provide significant amounts of time and labor to that purpose. (j) There is need for a comprehensive salmon, steelhead trout, and anadromous fisheries plan, program, and state government organization to guide the state’s efforts to protect and increase the naturally spawning salmon, steelhead trout, and anadromous fishery resources of the state. (Amended by Stats. 2015, Ch. 154, Sec. 82. (AB 1527) Effective January 1, 2016.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.