Amended in Senate March 12, 2014

Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 504

Introduced by Assembly Member Chesbro

February 20, 2013

An act to amend begin delete Section end delete begin insert Sections 1729 and end insert 8405.4 of the Fish and Game Code, relating to begin delete commercial fishing end delete begin insert fish end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 504, as amended, Chesbro. begin delete Commercial fishing: sea cucumbers. end delete begin insert Fish: sea cucumbers: transgenic fish. end insert

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(1) Existing law requires the Fish and Game Commission to establish fish hatcheries for stocking the waters of California with fish and requires the Department of Fish and Wildlife to maintain and operate those hatcheries. Existing law also authorizes county boards of supervisors to establish and maintain fish hatcheries and authorizes the commission to issue permits to nonprofit organizations to construct and operate anadromous fish hatcheries.

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Under existing law, the Trout and Steelhead Conservation and Management Planning Act of 1979, the department is required to give priority to stocking native hatchery-produced species in California waters where stocking is determined to be appropriate by the department.

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This bill would prohibit hatchery production and stocking of transgenic fish in California waters and would define “transgenic” for these purposes. A violation of the Fish and Game Code is generally a misdemeanor. Because the bill would create new crimes, the bill would impose a state-mandated local program.

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Existing

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begin insert (2) end insert begin insert   end insert begin insert Existing end insert law governs the sea cucumber fishery in this state. Under existing law, sea cucumbers cannot be taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid sea cucumber permit issued by the begin delete Department of Fish and Wildlife end delete begin insert department end insert . The begin delete Fish and Game Commission end delete begin insert commission end insert is authorized to adopt regulations that it determines may reasonably be necessary to protect the sea cucumber resource and assure a sustainable sea cucumber fishery or to enhance enforcement activities. A violation of existing law or regulations adopted pursuant to those provisions is a crime. Existing law provides that those provisions shall become inoperative on April 1, 2015, and, as of January 1, 2016, are repealed.

This bill would extend the operation of those provisions until April 1, 2017, and would repeal those provisions on January 1, 2018. Because this bill would extend the operation of the sea cucumber permit program and thereby the crimes imposed for a violation of those provisions, the bill would create a state-mandated local begin delete program by creating new crimes. end delete begin insert program. end insert

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The

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begin insert (3) end insert begin insert   end insert begin insert The end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

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begin insert SECTION 1. end insert   

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begin insert Section 1729 of the end insert begin insert Fish and Game Code end insert begin insert is
amended to read: end insert

1729.  

(a)  begin insert (1) end insert begin insert   end insert The department shall give priority to stocking
native hatchery-produced species in California’s waters, where
stocking is determined to be appropriate by the department.
Stocking of hatchery-produced fish is not appropriate in all of
California’s waters, including, but not limited to, stocking in
California’s waters that would adversely affect species listed under
the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531
et seq.) or the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3).

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(2) Hatchery production and stocking of transgenic fish in
California waters is prohibited.

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(b) Hatchery-produced trout shall be stocked to support
sustainable angling recreation and promote angler access to trout
fishing, including, but not limited to, urban fisheries.

(c) The department may provide outreach and educational
materials to all anglers to promote awareness of environmental
sustainability, ecosystem health, fish genetics, angling
opportunities, and fish population management.

(d) Educational programs utilizing the hatcheries shall be
encouraged.

(e) The department shall ensure that all trout stocked in waters
of the state for recreational purposes are unable to reproduce
through triploidy or other means, with the exception of fish planted
into brood stock lakes, surplus brood stock planted according to
fishery management decisions, fish planted to supplement waters
that the department has determined to be genetically isolated from
native fish populations, and native trout species produced for
recovery and restoration within their native range.

(f) The department may develop, conduct, and respond to regular
angler preference and satisfaction surveys. This is not a substitute
for a preferred scientific data collection and monitoring program
that would facilitate adaptive management of California’s inland
trout fisheries.

(g) The department shall review angling regulations periodically
and adjust those regulations to ensure consistency with the strategic
plan described in Section 1728.

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(h) 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.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 8405.4 of the Fish and Game Code is amended
to read:

8405.4.  

This article shall become inoperative on April 1, begin delete 2017 end delete
begin insert 2017, end insert and as of January 1, begin delete 2018 end delete begin insert 2018, end insert is repealed, unless a later
enacted statute that is enacted before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.