BILL NUMBER: SB 245	CHAPTERED  10/12/03

	CHAPTER  871
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2003
	APPROVED BY GOVERNOR  OCTOBER 12, 2003
	PASSED THE SENATE  AUGUST 27, 2003
	PASSED THE ASSEMBLY  AUGUST 21, 2003
	AMENDED IN ASSEMBLY  AUGUST 18, 2003
	AMENDED IN ASSEMBLY  JUNE 19, 2003
	AMENDED IN SENATE  JUNE 2, 2003
	AMENDED IN SENATE  MAY 6, 2003
	AMENDED IN SENATE  APRIL 2, 2003

INTRODUCED BY   Senator Sher
   (Principal coauthor:  Assembly Member Berg)

                        FEBRUARY 14, 2003

   An act to amend Section 15007 of the Fish and Game Code, relating
to fish.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 245, Sher.  Fish.
   Existing law provides that provisions in the Fish and Game Code
relating to aquaculture do not permit ocean ranching, as defined.  A
violation of the code is a crime under existing law.
   This bill would delete that provision and, instead, make it
unlawful to spawn, incubate, or cultivate any species of finfish
belonging to the family Salmonidae, transgenic fish species, or any
exotic species of finfish in the waters of the Pacific Ocean that are
regulated by this state.  The bill would define "transgenic" and
"exotic species" for these purposes.  The bill would exempt certain
salmon and steelhead trout from this prohibition. By changing the
definition of an existing crime this bill would impose a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 15007 of the Fish and Game Code is amended to
read:
   15007.  (a) In the waters of the Pacific Ocean that are regulated
by this state, it is unlawful to spawn, incubate, or cultivate any
species of finfish belonging to the family Salmonidae, transgenic
fish species, or any exotic species of finfish.  This section does
not apply to salmon or steelhead trout reared from native California
stocks that are propagated and cultured for either of the following:

   (1) Research conducted by, or on behalf of, the department; or
   (2) Release into ocean waters for the purpose of recovery,
restoration, or enhancement of California's native salmon and
steelhead trout populations pursuant to Chapter 8 (commencing with
Section 6900) of Part 1 of Division 6.
   (b) Nothing in this section authorizes artificial propagation,
rearing, or stocking of transgenic freshwater and marine fishes,
invertebrates, crustaceans, or mollusks.
   (c) As used in this section, "transgenic" has the same meaning as
in Section 1.92 of Title 14 of the California Code of Regulations, as
that section read on May 14, 2003.
   (d) As used in this section, "exotic species" means a fish that is
not native to California waters and that does not currently exist as
a viable population in a wild condition in the state.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.