BILL NUMBER: AB 504 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE AUGUST 4, 2014
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
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. A violation of
the Fish and Game Code is generally a misdemeanor.
This bill would prohibit hatchery production and stocking of
transgenic species of salmonids in California waters and would define
"transgenic" for these purposes. 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 make it unlawful to spawn, incubate, or cultivate
any transgenic species of finfish belonging to the family Salmonidae
anywhere in this state, except as specified. The bill would also
prohibit research or experimentation for the commercial production
of transgenic salmonids. By expanding the definition of an
existing crime, this bill would impose a state-mandated local
program.
This bill would authorize the department to issue a specified
permit for medical or scientific research conducted on transgenic
finfish species by accredited California academic institutions and
would require the department to notify the Joint Committee on
Fisheries and Aquaculture and the commission upon receipt of a
specified permit application at least 30 days prior to the approval
or disapproval of the permit.
(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 ensure 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
Except as authorized pursuant to subdivision (d), 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 department.
(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) Except as provided in subdivision (d), research
Research or experimentation for the
commercial production of transgenic salmonids is prohibited.
(d) (1) This section does not apply to biomedical public
health Medical or scientific research conducted
on transgenic finfish species by
California-accredited accredited California
academic institutions when may be
authorized pursuant to a permit issued by the department
pursuant to Section 671 of Title 14 of the California Code of
Regulations, as that section read on May 14, 2003.
(2) At a minimum, research activities conducted pursuant to this
subdivision shall be conducted in a closed system that has eliminated
the risk of escape of transgenic or exotic finfish
species and any potential disease they may transmit.
(3) A permit application applied for pursuant to this subdivision
shall include a research plan specifying the objectives and goals of
the proposed research.
(4) Nothing in this subdivision shall be construed to require the
disclosure of proprietary information.
(e) The department shall notify the Joint Committee on Fisheries
and Aquaculture and the commission upon receipt of a permit
application applied for pursuant to subdivision (d) at least 30 days
prior to the approval or disapproval of the permit.
(f) As used in this section, the following definitions shall
apply:
(1) "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.
(2) "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. 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.