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AB-2378 Hatchery products.(2003-2004)

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AB2378:v96#DOCUMENT

Amended  IN  Assembly  March 25, 2004
Amended  IN  Assembly  May 26, 2004
Amended  IN  Senate  August 23, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 2378

Introduced  by  Assembly Member Cogdill

February 19, 2004

An act to add Chapter 4.2 (commencing with Section 1395) to Division 2 of the Fish and Game Code, relating to riparian streams, and making an appropriation therefor. An act to add Section 1004.5 to the Fish and Game Code, relating to hatchery products, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2378, as amended, Cogdill. Riparian Protection Management Program: fencing projects Hatchery products.
Existing law requires the Department of Fish and Game to establish, maintain, and operate fish hatcheries for stocking the waters of the state, including the purchase and importation of fish eggs for that purpose. Existing law does not authorize the department’s sale of surplus fish eggs.
This bill would authorize the department to sell, contract for the sale of, or otherwise utilize surplus fish eggs produced at the department’s hatcheries.
This bill would declare that it is to take effect immediately as an urgency statute.

(1)Existing law establishes the Wildlife Conservation Board within the Department of Fish and Game in the Resources Agency. The board consists of the President of the Fish and Game Commission, the director of the department, and the Director of Finance.

This bill would require the board to establish and administer the Riparian Protection Management Program to fund fencing projects that enhance and protect sensitive riparian areas. The bill would require the board to provide grants to fund, on a 50% matching basis, fencing projects that are proposed by grant applicants and that the board determines promote the purposes of the program.

(2)Existing law continuously appropriates money in the Fish and Game Preservation Fund to the department and to the Fish and Game Commission to pay all necessary expenses incurred in carrying out the Fish and Game Code.

By imposing additional duties on the board, thereby expanding the duties of the president of the commission and the director of the department that are payable from the Fish and Game Preservation Fund, this bill would make an appropriation.

Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

Chapter 4.2 (commencing with Section 1395) is

SECTION 1.

 Section 1004.5 is added to the Fish and Game Code, to read:

1004.5.
 The department may sell, contract for the sale of, or otherwise utilize surplus fish eggs produced at the department’s hatcheries.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide the additional funding required to maintain the hatcheries of the Department of Fish and Game, without delay, it is necessary that this act go into immediate effect.

added to Division 2 of the Fish and Game Code, to read:

4.2.Riparian Protection Management Program
1395.

The Legislature finds and declares all of the following:

(a)Riparian areas in California provide habitat to remaining populations of native and wild trout, and other important fish and wildlife in California.

(b)A majority of the fish and wildlife resources of the state are found on private and public grazing lands. Riparian areas along streams and rivers are of great importance to the state. Maintaining the viability of ranch lands is also important to the state, and enhancing the environmental habitat along riparian areas is important to the state’s fish and wildlife resources.

(c)Lands surrounding streams in riparian areas are also often considered prime grazing resources.

(d)Many California ranchers voluntarily enhance and protect riparian areas by adding protective fencing to grazing areas in, or excluding cattle and other livestock from, those important riparian areas.

(e)It is the intent of the Legislature in creating the Riparian Protection Management Program to financially assist ranchers in protecting riparian areas in the state.

1396.

(a)The Wildlife Conservation Board shall establish and administer the Riparian Protection Management Program pursuant to this chapter.

(b)The purpose of the program is to fund fencing projects that enhance and protect sensitive riparian areas.

(c)The board shall provide grants to fund fencing projects that are proposed by grant applicants and that the department determines promote the purposes of the program. The board shall provide grants on a 50 percent matching basis with any other source of funds for the project. Sources of matching funds may include, but are not limited to, local entities, private groups, or the grant applicant.

(d)Participation in the program by individuals in the state is voluntary.