citation: FGC § 5943

text:
(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.

history: (History: Amended by Stats. 1996, Ch. 273, Sec. 1. Effective January 1, 1997.)

article: 2. Dams and Obstructions


kind: section

code: FGC

citation: FGC § 5944

text: 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.

history: (History: Enacted by Stats. 1957, Ch. 456.)

division: 6. FISH

chapter: 3. Dams, Conduits, and Screens

article: 2. Dams and Obstructions

path: 6. FISH > 3. Dams, Conduits, and Screens > 2. Dams and Obstructions


citation: FGC § 5945

text: The department may sell, at cost, to the owner of a dam, young fish ordered to be planted.

article: 2. Dams and Obstructions


citation: FGC § 5946

text:
(a) The provisions of Section 5938 shall not be applicable to dams constructed in District 412 after September 9, 1953.

(b) No permit or license to appropriate water in District 412 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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 116. (AB 1760) Effective January 1, 2024.)

article: 2. Dams and Obstructions


citation: FGC § 5947

text: It is unlawful for the owner of a dam in District 412 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.

article: 2. Dams and Obstructions


citation: FGC § 5948

text: 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.

history: (History: Amended by Stats. 1957, Ch. 2039.)

article: 2. Dams and Obstructions


citation: FGC § 5980

text:
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.

path: 6. FISH > 3. Dams, Conduits, and Screens > 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second


citation: FGC § 5981

text:
(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.

history: (History: Amended by Stats. 2024, Ch. 80, Sec. 47. (SB 1525) Effective January 1, 2025.)

article: 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second


citation: FGC § 5982

text: 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.


citation: FGC § 5983

text: 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.


citation: FGC § 5984

text: 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.


citation: FGC § 5985

text: 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.


citation: FGC § 5986

text: 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.


citation: FGC § 5987

text:
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.


citation: FGC § 5988

text: 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.


citation: FGC § 5989

text: 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.


citation: FGC § 5990

text: 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.


citation: FGC § 5991

text:
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.


citation: FGC § 5992

text:
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.


citation: FGC § 5993

text: 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.

history: (History: Amended by Stats. 1965, Ch. 371.)


citation: FGC § 6020

text:
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.

path: 6. FISH > 3. Dams, Conduits, and Screens > 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second


citation: FGC § 6021

text: 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.

article: 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second


citation: FGC § 6022

text:
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.


citation: FGC § 6023

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 118. (AB 1760) Effective January 1, 2024.)


citation: FGC § 6024

text: 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.


citation: FGC § 6025

text: 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.


citation: FGC § 6026

text: 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.


citation: FGC § 6027

text: 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.


citation: FGC § 6028


citation: FGC § 6100

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 119. (AB 1760) Effective January 1, 2024.)

article: 5. Diversion of Water From Streams

path: 6. FISH > 3. Dams, Conduits, and Screens > 5. Diversion of Water From Streams


citation: FGC § 6300

text: 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).

history: (History: Amended by Stats. 1982, Ch. 1486, Sec. 12.)

chapter: 4. Infected or Diseased Fish

path: 6. FISH > 4. Infected or Diseased Fish


citation: FGC § 6301

text: 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.

history: (History: Amended by Stats. 2007, Ch. 285, Sec. 108. Effective January 1, 2008.)


citation: FGC § 6302

text: 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.

history: (History: Amended by Stats. 1982, Ch. 1486, Sec. 13.)


citation: FGC § 6303

text: 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.

history: (History: Amended by Stats. 1961, Ch. 1150.)


citation: FGC § 6304

text: 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.


citation: FGC § 6305

text: 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.


citation: FGC § 6306

text: 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.


citation: FGC § 6400

text: 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.

chapter: 5. Fish Planting and Propagation

article: 1. General Provisions

path: 6. FISH > 5. Fish Planting and Propagation > 1. General Provisions


text: 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.

history: (History: Added by Stats. 1984, Ch. 1686, Sec. 4. Effective September 30, 1984.)

article: 1. General Provisions


citation: FGC § 6401

text: 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.

history: (History: Amended by Stats. 1982, Ch. 1486, Sec. 15.)

article: 1. General Provisions


citation: FGC § 6402

text: The department may plant fish in streams passing through, or in lakes on, land on which is located a youth camp for underprivileged children.

history: (History: Added by Stats. 1967, Ch. 424.)

article: 1. General Provisions


citation: FGC § 6403

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

history: (History: Added by Stats. 1982, Ch. 1486, Sec. 15.1.)

article: 1. General Provisions


citation: FGC § 6404

text:
(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.

history: (History: Added by Stats. 2023, Ch. 181, Sec. 1. (SB 579) Effective January 1, 2024.)

article: 1. General Provisions


citation: FGC § 6420

text:
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.

history: (History: Amended by Stats. 1999, Ch. 83, Sec. 55. Effective January 1, 2000.)

article: 2. Artificial Reefs

path: 6. FISH > 5. Fish Planting and Propagation > 2. Artificial Reefs


citation: FGC § 6421

text:
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.

history: (History: Added by Stats. 1985, Ch. 1103, Sec. 1.)

article: 2. Artificial Reefs


citation: FGC § 6422

text: The department shall administer the California Artificial Reef Program.

article: 2. Artificial Reefs


citation: FGC § 6423

text:
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.

article: 2. Artificial Reefs


citation: FGC § 6424

text: 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.

article: 2. Artificial Reefs


citation: FGC § 6425

text:
(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.

article: 2. Artificial Reefs


citation: FGC § 6440

text: 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.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 136. (SB 1171) Effective January 1, 2017.)

article: 4. Grass Carp

path: 6. FISH > 5. Fish Planting and Propagation > 4. Grass Carp


citation: FGC § 6450

text:
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.

history: (History: Amended by Stats. 2001, Ch. 745, Sec. 56. Effective October 12, 2001.)

article: 4. Grass Carp


citation: FGC § 6451

text: 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.

history: (History: Added by Stats. 1995, Ch. 249, Sec. 2. Effective January 1, 1996.)

article: 4. Grass Carp


citation: FGC § 6452

text:
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.

article: 4. Grass Carp


citation: FGC § 6453

text:
(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.

history: (History: Amended by Stats. 2001, Ch. 753, Sec. 7. Effective January 1, 2002.)

article: 4. Grass Carp


citation: FGC § 6454

text: 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.

article: 4. Grass Carp


citation: FGC § 6455

text:
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.

history: (History: Amended by Stats. 2001, Ch. 753, Sec. 7.5. Effective January 1, 2002.)

article: 4. Grass Carp


citation: FGC § 6456

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

article: 4. Grass Carp


citation: FGC § 6457

text: 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.

article: 4. Grass Carp


citation: FGC § 6460

text: 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.

history: (History: Added by Stats. 1997, Ch. 533, Sec. 7. Effective January 1, 1998.)

article: 4. Grass Carp


citation: FGC § 6590

text:
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.

history: (History: Amended by Stats. 2020, Ch. 345, Sec. 1. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research

path: 6. FISH > 5. Fish Planting and Propagation > 8. Ocean Fishery Research


citation: FGC § 6591

text:
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.

history: (History: Amended by Stats. 2020, Ch. 345, Sec. 2. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


citation: FGC § 6592

text: 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.

history: (History: Amended by Stats. 2020, Ch. 345, Sec. 3. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


citation: FGC § 6593

text:
(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.

history: (History: Amended by Stats. 2020, Ch. 345, Sec. 4. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


citation: FGC § 6594

text:
(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.

history: (History: Amended by Stats. 2020, Ch. 345, Sec. 5. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


text:
(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.

history: (History: Added by Stats. 2020, Ch. 345, Sec. 6. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


text: 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.

history: (History: Added by Stats. 2020, Ch. 345, Sec. 7. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


text:
(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.

history: (History: Added by Stats. 2020, Ch. 345, Sec. 8. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


citation: FGC § 6595

text:
(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.

history: (History: Amended by Stats. 2020, Ch. 345, Sec. 9. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


text:
(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.

history: (History: Amended by Stats. 2012, Ch. 565, Sec. 19. (SB 1148) Effective January 1, 2013. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


text: 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.

history: (History: Added by Stats. 2020, Ch. 345, Sec. 10. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


citation: FGC § 6597

text:
(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.

history: (History: Amended by Stats. 2020, Ch. 345, Sec. 11. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


text: 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.

history: (History: Added by Stats. 1992, Ch. 987, Sec. 7. Effective January 1, 1993. Repealed as of January 1, 2028, pursuant to Sec. 6598.)

article: 8. Ocean Fishery Research


citation: FGC § 6598

text: This article shall remain in effect only until January 1, 2028, and as of that date is repealed.

history: (History: 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.)

article: 8. Ocean Fishery Research


citation: FGC § 6600

text: This act shall be known, and may be cited, as the California Marine Resources Legacy Act.

history: (History: Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)

article: 1. General Provisions

path: 6. FISH > 5.5. California Marine Resources Legacy Act > 1. General Provisions


citation: FGC § 6601

text:
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.

chapter: 5.5. California Marine Resources Legacy Act

article: 1. General Provisions


citation: FGC § 6602

text:
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.

article: 1. General Provisions


citation: FGC § 6603

text:
(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.

article: 1. General Provisions


citation: FGC § 6604

text:
(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.

article: 1. General Provisions


citation: FGC § 6605

text:
(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.

article: 1. General Provisions


citation: FGC § 6610

text:
(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.

path: 6. FISH > 5.5. California Marine Resources Legacy Act > 2. Partial Removal of Offshore Oil Structures


citation: FGC § 6611

text:
(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.

article: 2. Partial Removal of Offshore Oil Structures


citation: FGC § 6612

text:
(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.

history: (History: Amended by Stats. 2011, Ch. 296, Sec. 103. (AB 1023) Effective January 1, 2012.)


citation: FGC § 6613

text:
(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.


citation: FGC § 6614

text:
(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.


citation: FGC § 6615

text:
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.


citation: FGC § 6616

text:
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.


citation: FGC § 6617

text: 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.


citation: FGC § 6618

text:
(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.


citation: FGC § 6619

text: 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.


citation: FGC § 6620

text:
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.


citation: FGC § 6621

text: 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.


citation: FGC § 6650

text: 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.

history: (History: Enacted by Stats. 1957, Ch. 456.)

chapter: 6. Kelp and Other Aquatic Plants

article: 1. General Provisions

path: 6. FISH > 6. Kelp and Other Aquatic Plants > 1. General Provisions


citation: FGC § 6651

text:
(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).

history: (History: Amended by Stats. 2012, Ch. 559, Sec. 22. (AB 2402) Effective January 1, 2013.)

article: 1. General Provisions


citation: FGC § 6652

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 120. (AB 1760) Effective January 1, 2024.)

article: 1. General Provisions


citation: FGC § 6653

text: The commission may make such regulations as may be necessary to insure the proper harvesting of kelp and other aquatic plants.

article: 1. General Provisions


text:
(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.

history: (History: Added by Stats. 1984, Ch. 242, Sec. 1.)

article: 1. General Provisions


citation: FGC § 6654

text: 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.

article: 1. General Provisions


citation: FGC § 6655

text: 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.

article: 1. General Provisions


citation: FGC § 6656

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 121. (AB 1760) Effective January 1, 2024.)

article: 1. General Provisions


citation: FGC § 6657

text: 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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 122. (AB 1760) Effective January 1, 2024.)

article: 1. General Provisions


citation: FGC § 6680

text:
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.

history: (History: Amended by Stats. 1967, Ch. 1348.)

article: 2. Royalties

path: 6. FISH > 6. Kelp and Other Aquatic Plants > 2. Royalties


citation: FGC § 6700

text: 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.

history: (History: Repealed and added by Stats. 1984, Ch. 1373, Sec. 2.)

article: 3. Exclusive Leases

path: 6. FISH > 6. Kelp and Other Aquatic Plants > 3. Exclusive Leases


citation: FGC § 6701

text:
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.

article: 3. Exclusive Leases


text: 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.

history: (History: Added by Stats. 1984, Ch. 1373, Sec. 2.)

article: 3. Exclusive Leases


citation: FGC § 6702

text:
(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.

article: 3. Exclusive Leases


citation: FGC § 6703

text: 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.

history: (History: Amended by Stats. 1988, Ch. 295, Sec. 1.)

article: 3. Exclusive Leases


citation: FGC § 6704

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 123. (AB 1760) Effective January 1, 2024.)

article: 3. Exclusive Leases


citation: FGC § 6706

text: 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.

article: 3. Exclusive Leases


citation: FGC § 6707

text:
(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.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 125. (AB 1760) Effective January 1, 2024.)

article: 3. Exclusive Leases


citation: FGC § 6708

text: 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.

history: (History: Amended by Stats. 1988, Ch. 295, Sec. 3.)

article: 3. Exclusive Leases


citation: FGC § 6709

text: A lease, or any renewal thereof, shall be submitted to, and approved by, the Department of General Services.

article: 3. Exclusive Leases


citation: FGC § 6710

text: 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.

article: 3. Exclusive Leases


citation: FGC § 6711

text: 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.

article: 3. Exclusive Leases


citation: FGC § 6750

text: The commission may regulate the taking, collecting, harvesting, gathering, or possession of kelp for purposes other than profit.

history: (History: Added by Stats. 1972, Ch. 468.)

article: 4. Noncommercial Use of Kelp

path: 6. FISH > 6. Kelp and Other Aquatic Plants > 4. Noncommercial Use of Kelp


citation: FGC § 6751

text: 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.

article: 4. Noncommercial Use of Kelp


citation: FGC § 6850

text: As used in this article, “frog” means all species of frog.

history: (History: Amended by Stats. 1975, Ch. 697.)

chapter: 7. Amphibia

article: 1. Frogs

path: 6. FISH > 7. Amphibia > 1. Frogs


citation: FGC § 6851

text:
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).

history: (History: Amended by Stats. 1982, Ch. 1486, Sec. 16.5.)

article: 1. Frogs


citation: FGC § 6852

text: 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.

history: (History: Amended by Stats. 1982, Ch. 1486, Sec. 17.)

article: 1. Frogs


citation: FGC § 6854

text: It is unlawful to take frogs by the use of firearms of any caliber or type.

article: 1. Frogs


citation: FGC § 6855

text: 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.

history: (History: Enacted by Stats. 1957, Ch. 456.)

article: 1. Frogs


citation: FGC § 6880

text: 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.

article: 2. Frog-Jumping Contests

path: 6. FISH > 7. Amphibia > 2. Frog-Jumping Contests


citation: FGC § 6881

text: 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.

article: 2. Frog-Jumping Contests


citation: FGC § 6882

text: 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.

article: 2. Frog-Jumping Contests


citation: FGC § 6883

text: 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.

article: 2. Frog-Jumping Contests


citation: FGC § 6884

text: A frog which is not kept in a manner which is reasonable to preserve its life is not within the coverage of this article.

article: 2. Frog-Jumping Contests


citation: FGC § 6885

text: The commission has no power to modify the provisions of this article by any order, rule, or regulation.

article: 2. Frog-Jumping Contests


citation: FGC § 6895

text: “Native amphibians” as used in this article means salamanders, toads, or any other member of the class amphibia native to California.

history: (History: Added by Stats. 1974, Ch. 605.)

path: 6. FISH > 7. Amphibia > 3. Commercial Use of Amphibians Except Frogs


citation: FGC § 6896

text: Except as otherwise provided in this chapter, the commission shall establish rules for the commercial take, sale, transport, export, or import of native amphibians.

article: 3. Commercial Use of Amphibians Except Frogs


citation: FGC § 6900

text: This chapter shall be known and may be cited as the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act.

history: (History: Added by Stats. 1988, Ch. 1545, Sec. 2. Effective September 30, 1988.)

article: 1. Citation and Legislative Findings

path: 6. FISH > 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act > 1. Citation and Legislative Findings