Loading (50 kb)...'

State
California
FGC Sec 6400-6599 Generally FISH PLANTING AND PROPAGATION
(Fish)

FISH AND GAME CODE
SECTION 6400-6599





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.




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.



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.



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.


6403. This chapter does not apply to activities governed by
Division 12 (commencing with Section 15000).


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.



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.



6422. The department shall administer the California Artificial
Reef Program.


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.



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.



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.

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 of Fish and Game
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.



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.



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.



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.



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.



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.



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.



6456. Nothing in this article shall be construed as restricting
grass carp programs approved by the department on or before June 1,
1995.


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.


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.

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 recreational and commercial fishing and their related
industries.
(b) Research and development of artificial propagation, rearing,
and stocking techniques and equipment have been sufficiently
developed. The purpose of this article is to determine if
hatchery-released fish can artificially enhance certain stocks of
various desirable species, through increased hatchery production of
fish and increased monitoring of fisheries to assess the contribution
of hatchery-released fish to that enhancement.
(c) Funding for research pertaining to enhancement and artificial
propagation, rearing, and stocking are most appropriately borne by a
special fund derived from user fees on recreational 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.



6591. For purposes of this article, "program" means the California
Ocean Resources Enhancement and Hatchery Program established by this
article.


6592. There is hereby established in state government the
California Ocean Resources Enhancement and Hatchery Program for the
purpose of basic and applied research on the artificial propagation,
rearing, stocking, and distribution of adversely affected marine fish
species that are important to sport or commercial fishing in the
ocean waters off the coast of California south of a line extending
due west from Point Arguello.



6593. The program is administered by the director with the advice
and assistance of the advisory panel created in Section 6594. No
person shall serve on the advisory panel if that person is receiving
research funding from the program. The director may appoint, with
the advice and consent of the advisory panel, a program manager to
assist in administering the program.



6594. To assist the director in establishing policy and direction
for the research and enhancement programs to be supported from the
Fish and Game Preservation Fund, there is hereby created in the
department an Ocean Resources Enhancement Advisory Panel. The panel
shall consist of the following members:
(a) One member representing the department.
(b) One member from the University of California, appointed by the
president.
(c) One member from the California State University System,
appointed by the chancellor.
(d) Two members representing persons working in the southern
California commercial fishing industry, of which one shall be
appointed by the director from a list of at least three persons
submitted by the California Gillnetters Association and one shall be
appointed by the director from a list of at least three persons
submitted by the California Fisheries and Seafood Institute.
(e) One member representing the southern California commercial
passenger fishing vessel industry, appointed by the director from a
list of at least three persons submitted by the Sportfishing
Association of California.
(f) Three members representing southern California ocean
sportfishermen, of which one shall be appointed by the director from
a list of at least three persons submitted by the United Anglers of
California, one appointed by the director from a list of at least
three persons submitted by the National Coalition for Marine
Conservation, Pacific Region, and one appointed by the director from
a list of at least three persons submitted by California resident
members of the American Fishing Tackle Manufacturers Association.
(g) One member representing the California Aquaculture
Association established pursuant to Section 15700.



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 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 ocean
resources enhancement advisory panel in the discharge of their duties
pursuant to this article.
(c) No part of the program may be financed pursuant to this
article unless it has been approved by both the director and a
majority of the members of the ocean resources enhancement advisory
panel.


6596. (a) In addition to a valid California sport fishing license
and any other applicable license stamp 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 stamp permanently
affixed to his or her fishing license. A sport fishing ocean
enhancement stamp 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
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 stamp 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 stamp issued to that person that has not been
suspended or revoked.
(d) The base fee for a commercial fishing ocean enhancement stamp
is thirty-five dollars ($35).
(e) This section does not apply to licenses, permits,
reservations, tags, or 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.



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.


6597. The department may contract with private nonprofit
organizations which, prior to January 1, 1984, were conducting
research related to the purposes of the program, to conduct research
projects pursuant to this article.



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.



6598. Any place at which all or a significant part of the program
is conducted shall be named the "California Marine Hatchery
Institute."


6599. (a) On or before December 31 of each year, the director shall
prepare and submit a report to the Legislature and the Legislative
Analyst regarding the effectiveness of the program.
(b) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.