Amended in Senate July 2, 2014

Amended in Senate May 28, 2014

Amended in Senate April 24, 2014

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 Sections 8405.4 and 15007 of, and to add Article 6.5 (commencing with Section 1210) to Chapter 3 of Division 2 of, the Fish and Game Code, relating to fish.

LEGISLATIVE COUNSEL’S DIGEST

AB 504, as amended, Chesbro. Fish: sea cucumbers: transgenic fish.

(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. begin insert A violation of the Fish and Game Code is generally a misdemeanor. end insert

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

(2) Existing law makes 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, except for specified salmon or steelhead trout. A violation of this provision is a crime.

This bill would begin insert , except as specified, end insert make it unlawful to spawn, incubate, or cultivate any transgenic species of finfish belonging to the family Salmonidae anywhere in this state. By expanding the definition of an existing crime, this bill would impose a state-mandated local program.

(3) Existing 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 department. The commission 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 these provisions 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, 2020, and would repeal those provisions on January 1, 2021. 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 program.

(4) 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.

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

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

SECTION 1.  

Article 6.5 (commencing with Section 1210) is
added to Chapter 3 of Division 2 of the Fish and Game Code, to
read:

 

Article 6.5.  Transgenic Species of Salmonids

 

1210.  

(a) The hatchery production and stocking of transgenic
species of salmonids is prohibited.

(b) 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.

SEC. 2.  

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

8405.4.  

This article shall become inoperative on April 1, 2020,
and as of January 1, 2021, is repealed, unless a later enacted statute
that is enacted before January 1, 2021, deletes or extends the dates
on which it becomes inoperative and is repealed.

SEC. 3.  

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. It is unlawful to
spawn, incubate, or cultivate any transgenic species of finfish
belonging to the family Salmonidae in this state. 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 begin delete department; or end delete
begin insert department. end insert

(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, begin delete “transgenic” end delete begin insert the following definitions
shall apply: end insert

begin insert ( end insert begin insert 1) end insert begin insert   end insert begin insert “ end insert begin insert Transgenic” end insert 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.

begin insert

(2) “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.

end insert begin insert

(d) Except as provided in subdivision (e), research or
experimentation for the commercialization of transgenic salmonids
is prohibited.

end insert begin insert

(e) This section does not apply to medical or scientific research
conducted by accredited academic institutions if the research
occurs only in a closed system that has eliminated, to the maximum
extent feasible, the risk of escape to the waters of the state.

end insert begin delete

(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.

end delete

SEC. 4.  

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.