BILL NUMBER: SB 1447 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Walters
FEBRUARY 24, 2012
An act to amend Sections 6420, 6421, and 6425 of, and to add
Section 6421.5 to, the Fish and Game Code, relating to marine
resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1447, as introduced, Walters. Artificial reefs.
Existing law establishes a California Artificial Reef Program,
administered by the Department of Fish and Game, to include the
placement of artificial reefs in state waters and a prescribed study
of existing successful reefs and new reefs to determine design
criteria. "Artificial reef" is defined for that purpose to mean
manmade or natural objects intentionally placed in selected areas of
the marine environment to duplicate those conditions that induce
production of fish and invertebrates on natural reefs and rough
bottoms, and that stimulate the growth of kelp or other midwater
plant life that creates natural habitat for those species.
This bill would delete that definition and, instead, define
"artificial reef" to mean a structure that is constructed or placed
in certain waters for the purposes of enhancing fishery resources and
commercial and recreational fishing opportunities and to provide
recreational SCUBA diving opportunities. The bill would require the
department to designate a California State Artificial Reef
Coordinator with specified responsibilities under the bill. The bill
would authorize the department to impose a fee on any person or
entity seeking to place or convert any object or structure as an
artificial reef, not to exceed the actual costs to the department of
evaluating the proposed project.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6420 of the Fish and Game Code is amended to
read:
6420. The Legislature finds and declares all of the following:
(a) Declines in various southern California marine
species of fish have adversely affected the sport and commercial
fishing industry California's extraordinary marine
biological diversity is a vital asset to the state and the nation.
The diversity of species and ecosystems found in the ocean waters off
the state is important to public health and well-being, ecological
health, and ocean-dependent economic activities .
(b) Efforts to enhance these species through the placement of
artificial reefs need to be investigated and encouraged .
(c) A program of artificial reef research and development,
including reef design, placement, and monitoring, is in the public
interest and can best be accomplished under the administration of the
department with the cooperation and assistance of the University of
California, the California State University, other established,
appropriate academic institutions, and other organizations with
demonstrated expertise in the field.
(d) A state artificial reef research and construction program
under the administration of the department is necessary to coordinate
ongoing studies and construction of artificial reefs in waters of
the state and the adjacent exclusive economic zone .
SEC. 2. Section 6421 of the Fish and Game Code is amended to read:
6421. For purposes of this article, the following terms have the
following meaning:
(a) "Artificial reef" means manmade or natural objects
intentionally placed in selected areas of the marine environment to
duplicate those conditions that induce production of fish and
invertebrates on natural reefs and rough bottoms, and that stimulate
the growth of kelp or other midwater plant life which creates natural
habitat for those species a structure that is
constructe d or placed in waters covered under Title 33 of
the United States Code for the purposes of enhancing fishery
resources and commercial and recreational fishing
opportunities and to provide recreational SCUBA diving opportunities
.
(b) "Production" means increases in the biomass of a species or
number of species.
(c) "Program" means the California Artificial Reef Program.
SEC. 3. Section 6421.5 is added to the Fish and Game Code, to
read:
6421.5. (a) The department shall designate a California State
Artificial Reef Coordinator, who shall coordinate artificial reef
research and development, including reef design, placement, and
monitoring, including those provisions of Chapter 5.5 (commencing
with Section 6600) pertaining to the conversion of offshore oil
structures to artificial reefs. Nothing in this section requires the
establishment of an additional position within the department, but
the department may designate an existing position to comply with this
subdivision.
(b) The California State Artificial Reef Coordinator shall be
responsible for liaison with, and coordination of, the state and
federal agencies involved in research, siting, placement, marking,
and maintenance of artificial reefs in state waters, including, but
not limited to, decommissioning of offshore oil structures, ships,
structures, and other materials of opportunity intentionally placed
as artificial reefs. Nothing in this section authorizes ocean
dumping.
SEC. 4. Section 6425 of the Fish and Game Code is amended to read:
6425. (a) It is the intent of the Legislature that not more than
five hundred thousand dollars ($500,000) shall be allocated to the
program for the 1985-86 fiscal year.
(b) It is the intent of the Legislature that future sources of
funding for the program may include, but are not limited to, the Fish
and Game Preservation Fund, the California Environmental License
Plate Fund, the Wildlife Restoration Fund, recreational bond act
funds, federal grants-in-aid, county fish and game propagation funds,
and private donations.
(c) If funds pursuant to subdivisions (a) and (b) are
insufficient, the department may impose a fee on any person or entity
seeking to place or convert any object or structure as an artificial
reef, not to exceed the actual costs to the department of evaluating
the proposed project. The department shall not duplicate the
activities of another agency for the same project, but shall
cooperate in the sharing of data to the extent possible.