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 wouldbegin delete, except as specified,end delete make it unlawful to spawn, incubate, or cultivate any transgenic species of finfish belonging to the family Salmonidae anywhere in this statebegin insert, except as specifiedend insert. By expanding the definition of an existing crime, this bill would impose a state-mandated local program.
This bill 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.
end insert(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 andbegin delete assureend deletebegin insert ensureend insert 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:
Article 6.5 (commencing with Section 1210) is
2added to Chapter 3 of Division 2 of the Fish and Game Code, to
3read:
4
(a) The hatchery production and stocking of transgenic
8species of salmonids is prohibited.
9(b) As used in this section, “transgenic” has the same meaning
10as in Section 1.92 of Title 14 of the California Code of Regulations,
11as that section read on May 14, 2003.
Section 8405.4 of the Fish and Game Code is amended
13to read:
This article shall become inoperative on April 1, 2020,
15and as of January 1, 2021, is repealed, unless a later enacted statute
16that is enacted before January 1, 2021, deletes or extends the dates
17on which it becomes inoperative and is repealed.
Section 15007 of the Fish and Game Code is amended
19to read:
(a) In the waters of the Pacific Ocean that are regulated
21by this state, it is unlawful to spawn, incubate, or cultivate any
22species of finfish belonging to the family Salmonidae, transgenic
23fish species, or any exotic species of finfish. It is unlawful to
24spawn, incubate, or cultivate any transgenic species of finfish
25belonging to the family Salmonidae in this state. This section does
26not apply to salmon or steelhead trout reared from native California
27stocks that are propagated and cultured for either of the following:
28(1) Research conducted by, or on behalf of, the department.
29(2) Release into ocean waters for the purpose of recovery,
30restoration, or enhancement of California’s native salmon and
31steelhead trout populations pursuant to Chapter 8 (commencing
32with Section 6900) of Part 1 of Division 6.
33(b) Nothing in this section authorizes artificial propagation,
34rearing, or stocking of transgenic freshwater and marine fishes,
35invertebrates, crustaceans, or mollusks.
36(c) As used in this section, the following definitions shall apply:
end delete
P4 1(1) “Transgenic” has the same meaning as in Section 1.92 of
2Title 14 of the California Code of Regulations, as that section read
3on May 14, 2003.
4(2) “Exotic species” means a fish that is not native to California
5waters and that does not currently exist as a viable population in
6a wild condition in the state.
7(d)
end delete
8begin insert(c)end insert Except as provided in subdivisionbegin delete (e)end deletebegin insert (d)end insert, research or
9experimentation for thebegin delete commercializationend deletebegin insert commercial productionend insert
10 of transgenic salmonids is prohibited.
11(e)
end delete
12begin insert(d)end insert begin insert(1)end insertbegin insert end insert This section does not apply tobegin delete medical or scientificend delete
13begin insert biomedical public healthend insert research conducted bybegin delete accreditedend delete
14begin insert California-accreditedend insert academic institutionsbegin delete if the research occurs begin insert
when
15only in a closed system that has eliminated, to the maximum extent
16feasible, the risk of escape to the waters of the state.end delete
17authorized pursuant to a permit issued by the department pursuant
18to Section 671 of Title 14 of the California Code of Regulations,
19as that section read on May 14, 2003.end insert
20(2) At a minimum, research activities conducted pursuant to
21this subdivision shall be conducted in a closed system that has
22eliminated the risk of escape of transgenic or exotic finfish species
23and any potential disease they may transmit.
24(3) A permit application applied for pursuant to this subdivision
25shall include a research plan specifying the objectives and goals
26of the proposed research.
27(e) The department
shall notify the Joint Committee on Fisheries
28and Aquaculture and the commission upon receipt of a permit
29application applied for pursuant to subdivision (d) at least 30 days
30prior to the approval or disapproval of the permit.
31(f) As used in this section, the following definitions shall apply:
end insertbegin insert
32(1) “Exotic species” means a fish that is not native to California
33waters and that does not currently exist as a viable population in
34a wild condition in the state.
35(2) “Transgenic” has the same meaning as in Section 1.92 of
36Title 14 of the California Code of Regulations, as that section read
37on May 14, 2003.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P5 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
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