Code Section Group

Fish and Game Code - FGC

DIVISION 6. FISH [5500 - 9101]

  ( Division 6 enacted by Stats. 1957, Ch. 456. )

PART 1. GENERALLY [5500 - 6930]

  ( Part 1 enacted by Stats. 1957, Ch. 456. )

CHAPTER 5. Fish Planting and Propagation [6400 - 6598]

  ( Chapter 5 enacted by Stats. 1957, Ch. 456. )

ARTICLE 8. Ocean Fishery Research [6590 - 6598]
  ( Article 8 added by Stats. 1983, Ch. 982, Sec. 1. )

6590.
  

The Legislature finds and declares all of the following:

(a) Substantial declines in various species of desirable fish that are caught in southern California ocean waters have adversely affected sport and commercial fishing and their related industries.

(b) The purpose of this article is to determine if hatchery-released fish can enhance certain stocks of desirable species and contribute to research and scientific understanding of marine hatchery operations and benefits.

(c) Funding for the program is most appropriately borne by a special fund derived from user fees on sport and commercial fishermen who stand to directly benefit from the resurgence of depressed marine fisheries.

(d) The department has continuing resource management, administrative, and policy review responsibility in marine resources issues.

(e) Volunteers from the recreational fishing community have developed and operated grow-out facilities with private funding. These volunteer activities greatly enhance the effectiveness of the program and are fully compatible with the overall program objectives.

(f) As white sea bass hatchery production is established, additional grow-out facilities will be required and coordination between these facilities will be necessary. The ocean resources enhancement advisory panel may encourage contracts to carry out coordination activities and recommend to the director that this coordination remain a high priority. Those coordination activities may be funded with fees collected by the department pursuant to this article.

(g) The use of federal matching funds, including sportfish restoration account funds, shall be a high priority for use to match state dollars for this program.

(h) The department may benefit from contracting with other public or private entities to further the purposes of this article.

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 Repealed as of January 1, 2028, pursuant to Sec. 6598.)

6591.
  

For purposes of this article, the following definitions apply:

(a) “Advisory panel” means the Ocean Resources Enhancement Advisory Panel established pursuant to Section 6594.

(b) “Committee” means the independent scientific advisory committee established pursuant to Section 6594.1.

(c) “Program” means the California Ocean Resources Enhancement and Hatchery Program established by this article.

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

6592.
  

There is hereby established in state government the California Ocean Resources Enhancement and Hatchery Program. The purpose of the program is to advance research on the artificial propagation, rearing, stocking, and distribution of marine fish species that are important to sport and commercial fishing in the ocean waters off the coast of California south of a line extending due west from Point Arguello, including research on the efficacy of artificial enhancement of stocks of these marine fish species through hatchery production.

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

6593.
  

(a) The program is administered by the director with the advice of the advisory panel and the committee.

(b) A person shall not serve on the advisory panel or the committee if that person is receiving research funding from the program.

(c) The director may appoint, with the advice of the advisory panel, a program manager to assist in administering the program.

(d) The director shall consider the advice of the advisory panel regarding program administration, including the expenditure of fee revenue and other sources of program funding.

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

6594.
  

(a) To advise the director in establishing policy and direction for the program, the director shall establish the Ocean Resources Enhancement Advisory Panel.

(b) The advisory panel shall consist of the following members, all of whom shall be residents of California:

(1) One nonvoting member representing the department.

(2) One nonvoting member representing the California Sea Grant program.

(3) Two voting members representing the southern California commercial fishing industry.

(4) One voting member representing the southern California commercial passenger fishing vessel industry.

(5) Three voting members representing the southern California sport fishing industry.

(6) One voting member representing the southern California aquaculture industry.

(7) One voting member representing the public or nongovernmental organization interests, or both.

(c) There shall be a designated alternate member for each voting member of the advisory panel.

(d) The director shall appoint members and alternate members of the advisory panel after soliciting nominations for members and evaluating the experience, demonstrated program knowledge, and relevant stakeholder support of nominees.

(e) Each appointment of a member or alternate member shall be for a term of three years. There shall be no limit on the number of terms a member may serve on the advisory panel.

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

6594.1.
  

(a) In order to foster a transparent and collaborative approach between the public, the advisory panel, and the director, and to advise the director and the advisory panel regarding the program, the director shall establish an independent scientific advisory committee.

(b) The committee shall consist of members who collectively have expertise in the following areas:

(1) Fish genetics.

(2) Fish health.

(3) Marine aquaculture.

(4) Fish population biology or dynamics.

(5) Benthic or water quality.

(6) Stock enhancement or fish hatchery science.

(c) The committee may also include members who have expertise in other areas that the director determines to be relevant to the program.

(d) The committee shall provide advice to the director and the advisory panel in order to help ensure the scientific integrity and transparency in science-based decisionmaking of program activities. The committee shall provide recommendations on all of the following:

(1) Ensuring the documentation of the program’s scientific accomplishments, if needed.

(2) Prioritizing program research activities based upon an independent evaluation of program research needs and a consideration of the report described in subdivision (a) of Section 6594.5. In providing this recommendation, the committee shall consider at least all of the following:

(A) Systematic data collection in order to inform adaptive management of the program’s enhancement activities.

(B) The impacts of the program’s enhancement activities.

(C) The incorporation of best practices in hatchery science to, among other things, maintain the genetic diversity of stocked species.

(3) Identifying candidate focal species for enhancement or research potential.

(4) Developing quantitative criteria, benchmarks, and timelines to be used in evaluating the program and its activities.

(e) Each member of the committee shall receive one hundred dollars ($100) for each day of actual service performed in carrying out their official duties, but the amount of compensation for any one member shall not exceed the sum of five hundred dollars ($500) for any calendar year. In addition to this compensation, the members of the committee shall receive their actual and necessary expenses incurred in the performance of their duties. The compensation and expenses provided in this subdivision shall be paid from funds made available to the program pursuant to Section 6595.

(f) The establishment of the committee pursuant to this section does not limit the director’s discretion to seek scientific and technical advice regarding the program from other sources.

(g) Department personnel shall provide support for the committee’s efforts, as applicable and needed.

(h) The director shall appoint members to the committee. The director shall determine the number of members to serve on the committee. Members of the committee shall serve at the pleasure of the director.

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

6594.3.
  

The director shall convene an annual public meeting where the committee shall present information regarding its evaluation of aspects of program science it completed during the preceding year and an outlook for future program activities. At the meeting, the director shall provide information on the program’s compliance with any permitting requirements and the results of information solicited pursuant to Section 6596.3.

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

6594.5.
  

(a) The director shall consider the findings and results of the evaluation of the program conducted by California Sea Grant submitted to the department on December 12, 2017, in the report “Evaluation of the Ocean Resources Enhancement and Hatchery Program,” Publication no. CASG-17-010 in the operation of the program.

(b) (1) On or before July 1, 2027, the director shall submit a report to the relevant budget and policy committees of the Legislature and the Legislative Analyst’s Office regarding the status of the program and the program’s progress towards achieving its goals and objectives. The report shall include information regarding the findings of the committee, and incorporate, as applicable, information related to the program from the outcome of the service-based budget review conducted pursuant to Section 712.1.

(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on July 1, 2031, pursuant to Section 10231.5 of the Government Code.

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

6595.
  

(a) All fees collected by the department pursuant to this article, and any interest earned on those fees, shall be deposited in the Fish and Game Preservation Fund and shall be available, upon appropriation by the Legislature, solely for purposes of the program. The department shall maintain the internal accountability necessary to ensure that expenditures of these funds meet the requirements and restrictions of the purposes of the program.

(b) An amount, not to exceed 15 percent of the total annual revenues deposited in the Fish and Game Preservation Fund pursuant to this article, may be appropriated for the administration of the program, including any reasonable and necessary expenses incurred by members of the advisory panel in the discharge of their duties pursuant to this article and the compensation and expenses provided for the members of the committee pursuant to subdivision (e) of Section 6594.1.

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

6596.1.
  

(a) In addition to a valid California sport fishing license and any other applicable license validation issued pursuant to this code, a person taking fish from ocean waters south of a line extending due west from Point Arguello for purposes other than for profit shall have a valid sport fishing ocean enhancement validation permanently affixed to his or her fishing license. A sport fishing ocean enhancement validation shall be issued upon payment of a base fee of three dollars and fifty cents ($3.50). A sport fishing license issued pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149.05 is not subject to this subdivision.

(b) In addition to a valid California commercial passenger fishing boat license issued pursuant to Section 7920, the owner of any boat or vessel who, for profit, permits any person to fish therefrom, south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued for that vessel that has not been suspended or revoked.

(c) Any person who takes, possesses aboard a boat, or lands any white sea bass for commercial purposes south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued to that person that has not been suspended or revoked.

(d) The base fee for a commercial ocean fishing enhancement validation is thirty-five dollars ($35).

(e) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.

(f) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.

(g) The commission shall adjust the amount of the fees specified in subdivision (f), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.

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

6596.3.
  

The director shall provide for the solicitation of input from every person who pays a fee pursuant to Section 6596.1 on the direction of the program. The director may contract with a public or private entity to undertake this solicitation.

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

6597.
  

(a) The department may contract with any public or private entity to conduct research projects pursuant to this article.

(b) The department may accept volunteer assistance for program operations, including, but not limited to, assistance with regard to grow-out facilities, provided that volunteers do not displace existing state employees.

(c) All research and research results conducted through the program shall be publicly available.

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

6597.5.
  

It is in the interest of the state to have broad participation in enhancement programs. Therefore, this program shall be open to participation by qualified academic institutions, as determined by the department, and nonprofit organizations, commercial aquaculturists, and for profit enterprises.

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

6598.
  

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

(Repealed and added by Stats. 2020, Ch. 345, Sec. 13. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Art. 8, commencing with Sec. 6590.)

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