PART 1. GENERALLY [5500. - 6951.]
Part 1 enacted by Stats. 1957, Ch. 456.
§§ 5500–6951 · 210 sections
CHAPTER 1. Miscellaneous §§ 5500–5523 · 20 sections
- § 5500 It is unlawful to use explosives in the waters of the state inhabited by fish, except in one of the following circumstances: (a) Pursuant to a permit first…
- § 5501 The department may take any fish which, in its opinion, is unduly preying upon any bird, mammal, or fish. The commission may prescribe the terms of a permit to…
- § 5503 It is unlawful to take any fish for the sole purpose of removing its eggs except for the purpose of developing a brood stock for aquaculture purposes under…
- § 5504 The department may issue a letter of authorization to allow the taking of marine living resources or to authorize the take and possession of marine resources…
- § 5505 Mollusks, crustaceans, and amphibia may be used for bait or released in the same waters wherein taken.
- § 5507 (a) It is unlawful for any person to possess a fish spear or gaff within 300 feet of a lake or stream in this state, at a time when spearing is prohibited in…
- § 5508 It is unlawful to possess on any boat or to bring ashore any fish upon which a size or weight limit is prescribed in such a condition that its size or weight…
- § 5509 It is unlawful to possess on any boat or to bring ashore any fish in such a condition that the species cannot be determined, except as otherwise provided in…
- § 5510 The commission may adopt regulations to prevent deterioration and waste of fish taken for purposes other than profit, and to regulate the disposal of the offal…
- § 5511 Except under permit of the department, it is unlawful to carry on any fish cultural operations on any stream above the point where water is diverted for the…
- § 5514 (a) It is unlawful to kill or retain in possession any chinook, coho, or kokanee salmon or any steelhead that has not taken the bait or lure in its mouth, in…
- § 5515 (a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2081.11, 2081.15, 2089.7, or 2835, a fully protected fish shall not be…
- § 5516 Any river, stream, lake, or other body of water restricted by the commission to the use of artificial flies or artificial lures only for fishing shall be…
- § 5517 (a) Except as authorized by a permit issued pursuant to Section 1002, or as provided in subdivision (b) of Section 8599, it is unlawful to do any of the…
- § 5520 It is the intent of the Legislature that the commission undertake management of abalone in a manner consistent with the abalone recovery and management plan…
- § 5521 A moratorium is imposed on the taking, possessing, or landing of abalone (genus Haliotis) for commercial or recreational purposes in ocean waters of the state…
- § 5521.5 (a) In addition to the moratorium imposed by Section 5521, and notwithstanding any other provision of law, it is unlawful to take abalone for commercial…
- § 5521.6 Notwithstanding Sections 5521 and 5521.5, a registered aquaculturist may collect abalone for broodstock, in accordance with subdivision (b) of Section 15301.
- § 5522 (a) On or before January 1, 2003, the department shall submit to the commission a comprehensive abalone recovery and management plan. The plan shall contain…
- § 5523 (a) (1) If the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines, based on thorough and…
CHAPTER 2. Pollution §§ 5650–5803 · 29 sections
ARTICLE 1. General §§ 5650–5656 · 14 sections
- § 5650 (a) Except as provided in subdivision (b), it is unlawful to deposit in, permit to pass into, or place where it can pass into the waters of this state any of…
- § 5650.1 (a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. (b) The civil…
- § 5651 Whenever it is determined by the department that a continuing and chronic condition of pollution exists, the department shall report that condition to the…
- § 5652 (a) It is unlawful to deposit, permit to pass into, or place where it can pass into the waters of the state, or to abandon, dispose of, or throw away, within…
- § 5653 (a) The use of vacuum or suction dredge equipment by a person in a river, stream, or lake of this state is prohibited, except as authorized under a permit…
- § 5653.1 (a) The issuance of permits to operate vacuum or suction dredge equipment is a project pursuant to the California Environmental Quality Act (Division 13…
- § 5653.3 Any person required to possess a permit pursuant to Section 5653 shall present his or her dredging equipment for inspection upon request of a state or county…
- § 5653.5 For purposes of Section 5653, “river, stream, or lake” means the body of water at the current water level at the time of the dredging.
- § 5653.7 In the event of an unanticipated water level change, when necessary to protect fish and wildlife resources, the department may close areas that were otherwise…
- § 5653.8 For purposes of Sections 5653 and 5653.3, “person” does not include a partnership, corporation, or other type of association.
- § 5653.9 The department shall adopt regulations to carry out Section 5653 and may adopt regulations to carry out Sections 5653.3, 5653.5, and 5653.7. The regulations…
- § 5654 (a) (1) The director, after a notification of a spill or discharge, as those terms are defined in Section 8670.3 of the Government Code, where any fishing,…
- § 5655 (a) In addition to the responsibilities imposed pursuant to Section 5651, the department may clean up or abate, or cause to be cleaned up or abated, the…
- § 5656 Any recovery or settlement of money damages, including, but not limited to, civil penalties arising out of any civil action filed and maintained by the…
ARTICLE 2. Shellfish Area Contamination §§ 5669–5675 · 7 sections
- § 5669 For purposes of this chapter, “shellfish” means any bivalve mollusk.
- § 5670 It is unlawful to take shellfish used or intended to be used for human consumption from any area from which it shall be determined, as provided in this…
- § 5671 The State Department of Public Health may: (a) Examine any area from which shellfish may be taken. (b) Determine whether the area is subject to sewage…
- § 5672 Upon the determination by the State Department of Public Health that the area is or may be subject to sewage contamination, and that the taking of shellfish…
- § 5673 The fact of posting the notices shall be published once a week for four successive weeks in some newspaper of general circulation published in the county in…
- § 5674 The State Department of Public Health shall enforce the provisions of this article, and for that purpose the inspectors and employees of that agency may enter…
- § 5675 If examinations are conducted pursuant to this article for purposes of certifying the quality of shellfish-growing waters, certification of water quality shall…
ARTICLE 2.5. Purification of Mollusks §§ 5700–5702 · 4 sections
- § 5700 (a) Notwithstanding Sections 5670, 5672, 8341, and 9050, native and nonnative mollusks may be taken in Districts 12 and 13 and moved to other areas to be…
- § 5701 (a) The State Department of Public Health may make sanitary surveys of mollusk-growing areas or may use sanitary surveys of mollusk-growing areas made by…
- § 5701.5 If examinations are conducted by the State Department of Public Health pursuant to this article for purposes of certifying the quality of shellfish-growing…
- § 5702 Any person who moves any native mollusks taken under regulations of the commission from Districts 12 and 13 for purposes of purification for human consumption…
ARTICLE 3. Trinity and Klamath River Fish and Game District §§ 5800–5803 · 4 sections
- § 5800 (a) It is unlawful to conduct any mining operation in the Trinity and Klamath River Fish and Game District between July 1 and November 30, except when the…
- § 5801 Section 5800 does not affect any other laws applying to the territory included in the Trinity and Klamath River Fish and Game District which relate to birds,…
- § 5802 Section 5800 does not apply to the construction, repair, or maintenance of public works by the Federal or State Government, or any political subdivision…
- § 5803 No provision of this article is a limitation on the authority of the State Water Resources Control Board or any California Regional Water Quality Control Board…
CHAPTER 3. Dams, Conduits, and Screens §§ 5900–6100 · 48 sections
ARTICLE 1. General Provisions §§ 5900–5904 · 5 sections
- § 5900 As used in this chapter: (a) “Dam” includes all artificial obstructions. (b) “Conduit” includes pipe, millrace, ditch, flume, siphon, tunnel, canal, and any…
- § 5901 Except as otherwise provided in this code, it is unlawful to construct or maintain in any stream in Districts 1, 13/8, 11/2, 2, 21/4, 21/2, 3, 31/2, 4, 41/8,…
- § 5902 In including the United States within the scope of this chapter the Legislature declares that it understands that the law and policy of the United States with…
- § 5903 The United States shall file with the commission pursuant to this chapter a separate application for each dam it proposes to construct or enlarge if an owner…
- § 5904 The application of the United States shall give the following information: (a) The name and address of the owner. (b) The location, type, size, and height of…
ARTICLE 2. Dams and Obstructions §§ 5930–5948 · 19 sections
- § 5930 The department shall, from time to time, examine all dams in all rivers and streams in this State naturally frequented by fish.
- § 5931 If, in the opinion of the commission, there is not free passage for fish over or around any dam, the department shall cause plans to be furnished for a…
- § 5932 When all of the provisions of this article have been complied with, if in the opinion of the commission changed conditions make additional structures desirable…
- § 5933 Whenever an application for approval of plans and specifications for a new dam in any stream in this State, or for the enlargement of any dam in any such…
- § 5934 The commission or any party may, in any hearing, cause the deposition of witnesses to be taken in the manner prescribed by law for depositions in civil actions…
- § 5935 The owner of any dam upon which a fishway has been provided shall keep the fishway in repair and open and free from obstructions to the passage of fish at all…
- § 5936 It is unlawful to wilfully destroy, injure, or obstruct any fishway.
- § 5937 The owner of any dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over,…
- § 5938 Whenever in the opinion of the commission it is impracticable, because of the height of any dam, or other conditions, to construct a fishway over or around the…
- § 5939 The hatchery, traps, and other equipment necessary to operate a hatchery station shall not be of a size greater than necessary to supply the stream or river…
- § 5940 If the owner of the dam generates electricity at the place of the dam, he shall furnish sufficient light, without charge, for the use of the hatchery.
- § 5941 The owner shall permit the use of water, without charge, to operate the hatchery.
- § 5942 The commission may, in lieu of a fishway, hatchery, dwelling, traps or other equipment necessary to operate a hatchery station, order the owner of the dam to…
- § 5943 (a) The owner of a dam shall accord to the public for the purpose of fishing, the right of access to the waters impounded by the dam during the open season for…
- § 5944 The owner of a dam is not liable in damages to any person exercising the right to fish, who suffers any injury through coming in contact with, or tampering…
- § 5945 The department may sell, at cost, to the owner of a dam, young fish ordered to be planted.
- § 5946 (a) The provisions of Section 5938 shall not be applicable to dams constructed in District 41/2 after September 9, 1953. (b) No permit or license to…
- § 5947 It is unlawful for the owner of a dam in District 41/2 to release water from the dam, or any facilities for the generation of hydroelectric energy operated in…
- § 5948 No person shall cause or having caused, permit to exist any log jam or debris accumulation or any other artificial barrier, except a dam for the storage or…
ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second §§ 5980–5993 · 14 sections
- § 5980 This article shall apply only to conduits described in Section 5987, and conduits with a maximum flow capacity over 250 cubic feet per second of water. In…
- § 5981 (a) The department shall examine all conduits. If, in the opinion of the department, a screen is necessary to prevent fish from passing into the conduit, the…
- § 5982 An order to install a screen shall be in writing, and shall specify the type, size, mesh, material and location of the screen, the time within which the screen…
- § 5983 When an order is made to install a screen, the department shall pay the owner of the conduit upon whom the order is served one-half of the estimated expense of…
- § 5984 If the expense of constructing or installing a screen exceeds the estimated expense the department shall, upon written notification by the owner of the…
- § 5985 The owner of the conduit shall, within 10 days after completing the installation of the screen, return to the department any surplus money advanced by the…
- § 5986 All money paid by the department to the owner of a conduit pursuant to this article shall be paid out of the Fish and Game Preservation Fund.
- § 5987 The department shall not pay one-half of the expense of the construction and installation of any screen as provided in Sections 5981, 5983, and 5984 to any…
- § 5988 When a screen has been installed, the owner may, by written notice within 90 days after such installation, request the department to inspect the screen for the…
- § 5989 After acceptance, should the screen fail to function in an efficient manner, no changes in conditions affecting its operation having occurred subsequent to the…
- § 5990 It is unlawful for the owner of a conduit to refuse, fail, or neglect to install a screen in compliance with an order from the department or to permit the…
- § 5991 In lieu of the department’s ordering the owner to install a screen the department may, at its option, elect to construct and install the screen itself, in…
- § 5992 Any screen installed under any of the provisions of this article shall be reasonably adequate to prevent fish from passing into the conduit and not…
- § 5993 Before the installation of any screen under the provisions of this article, the department and the owner shall enter into an agreement defining the method of…
ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second §§ 6020–6028 · 9 sections
- § 6020 This article shall apply only to conduits with a maximum flow capacity of 250 cubic feet per second or less of water, other than those conduits described in…
- § 6021 The department shall examine new or existing conduits, and may install, maintain, repair, and replace fish screens, bypasses, or other devices to prevent the…
- § 6022 Sufficient water for a bypass shall be not to exceed the following: (a) Diversions under three cubic feet per second capacity shall not be required to bypass…
- § 6023 (a) The department shall serve written notice upon each owner of its intention to install a fish screen. (b) The notice shall describe the location of the…
- § 6024 If the owner fails to sign and return the agreement granting the department the necessary rights for the installation of the screen or device within 60 days…
- § 6025 It is unlawful for the owner of a conduit to cause or permit a screen to be removed or taken out of place, except for repairs or cleaning, while water is…
- § 6026 Any screen installed under this article shall be such as will be reasonably adequate to prevent fish from passing into the conduit and will not unnecessarily…
- § 6027 This article does not prevent the department from removing or permitting an owner to remove a screen or close a bypass during any part of the year when the…
- § 6028 All money paid by the department to the owner of a conduit pursuant to this article shall be paid out of the Fish and Game Preservation Fund.
ARTICLE 5. Diversion of Water From Streams § 6100 · 1 section
- § 6100 (a) Notwithstanding any provision of Article 3 (commencing with Section 5980) and Article 4 (commencing with Section 6020), on or after January 1, 1972, any…
CHAPTER 4. Infected or Diseased Fish §§ 6300–6306 · 7 sections
- § 6300 This chapter applies to all fish and amphibia, including, but not limited to, fish and amphibia being imported or transported. This chapter does not apply to…
- § 6301 The department may enter at any time any vehicle, container, warehouse, depot, ship, or growing area where any fish, amphibians, or aquatic plants are held,…
- § 6302 Except as otherwise provided in Division 12 (commencing with Section 15000), all fish, amphibia, or aquatic plants found to be infected, diseased, or…
- § 6303 All fish, amphibia, or aquatic plants which the department determines are merely deleterious to fish, amphibia, aquatic plants, or aquatic animal life, shall…
- § 6304 If the department finds any infected, diseased, or parasitized fish, amphibia, or aquatic plants within this State, the department shall post notices…
- § 6305 It is unlawful to carry or cause to be carried from one point in this State which has been posted according to the provisions of this article, to any other…
- § 6306 The expense of any examination made necessary by the provisions of this code, shall be borne by the owner of the fish, amphibia, or aquatic plants, or the…
CHAPTER 5. Fish Planting and Propagation §§ 6400–6598 · 36 sections
ARTICLE 1. General Provisions §§ 6400–6404 · 6 sections
- § 6400 It is unlawful to place, plant, or cause to be placed or planted, in any of the waters of this State, any live fish, any fresh or salt water animal, or any…
- § 6400.5 In addition to Section 6400, it is unlawful to transport or possess any live white bass (Marone chrysops), whether taken within or without the state, unless it…
- § 6401 Any person may, under the terms of a permit first obtained from the department, under regulations the commission may prescribe, purchase or receive live fish…
- § 6402 The department may plant fish in streams passing through, or in lakes on, land on which is located a youth camp for underprivileged children.
- § 6403 This chapter does not apply to activities governed by Division 12 (commencing with Section 15000).
- § 6404 (a) It is the intent of the Legislature to make the Annual Provisional Stocking Document available to the public, recognizing that this document expresses the…
ARTICLE 2. Artificial Reefs §§ 6420–6425 · 6 sections
- § 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…
- § 6421 For purposes of this article, the following terms have the following meaning: (a) “Artificial reef” means manmade or natural objects intentionally placed in…
- § 6422 The department shall administer the California Artificial Reef Program.
- § 6423 The program shall include all of the following: (a) The placement of artificial reefs in state waters. (b) A study of existing successful reefs and all new…
- § 6424 The amount allocated for the administration of the program in any fiscal year may not exceed the amount authorized by applicable state and federal policy…
- § 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…
ARTICLE 4. Grass Carp §§ 6440–6460 · 10 sections
- § 6440 The Legislature finds and declares that triploid grass carp have the potential to control aquatic nuisance plants in non-public waters allowing for reduced…
- § 6450 The department shall adopt regulations that provide for the control of aquatic plant pests using artificially introduced triploid grass carp under a permit…
- § 6451 All providers of triploid grass carp for use under this article shall provide certification acceptable to the department of triploidy and disease-free…
- § 6452 Prior to receiving a permit from the department to use triploid grass carp, the potential user shall provide to the department all of the information required…
- § 6453 (a) On or before March 1 of each year following the first year after triploid grass carp introduction, the permittee shall provide to the department all of the…
- § 6454 The department shall establish permit and inspection fees sufficient to recover, but not exceed, the initial and ongoing costs of the program under this…
- § 6455 The department shall impose conditions in the permit to use triploid grass carp under this article that it finds necessary to prevent escape of the triploid…
- § 6456 Nothing in this article shall be construed as restricting grass carp programs approved by the department on or before June 1, 1995.
- § 6457 Because of its experience and continuing involvement with hydrilla control programs, the implementation of Sections 6450 and 6454 shall be carried out in…
- § 6460 If the department obtains documented and verifiable evidence of escapements of triploid grass carp permitted under this article into unauthorized waters, the…
ARTICLE 8. Ocean Fishery Research §§ 6590–6598 · 14 sections
- § 6590 The Legislature finds and declares all of the following: (a) Substantial declines in various species of desirable fish that are caught in southern California…
- § 6591 For purposes of this article, the following definitions apply: (a) “Advisory panel” means the Ocean Resources Enhancement Advisory Panel established pursuant…
- § 6592 There is hereby established in state government the California Ocean Resources Enhancement and Hatchery Program. The purpose of the program is to advance…
- § 6593 (a) The program is administered by the director with the advice of the advisory panel and the committee. (b) A person shall not serve on the advisory panel or…
- § 6594 (a) To advise the director in establishing policy and direction for the program, the director shall establish the Ocean Resources Enhancement Advisory Panel.…
- § 6594.1 (a) In order to foster a transparent and collaborative approach between the public, the advisory panel, and the director, and to advise the director and the…
- § 6594.3 The director shall convene an annual public meeting where the committee shall present information regarding its evaluation of aspects of program science it…
- § 6594.5 (a) The director shall consider the findings and results of the evaluation of the program conducted by California Sea Grant submitted to the department on…
- § 6595 (a) All fees collected by the department pursuant to this article, and any interest earned on those fees, shall be deposited in the Fish and Game Preservation…
- § 6596.1 (a) In addition to a valid California sport fishing license and any other applicable license validation issued pursuant to this code, a person taking fish from…
- § 6596.3 The director shall provide for the solicitation of input from every person who pays a fee pursuant to Section 6596.1 on the direction of the program. The…
- § 6597 (a) The department may contract with any public or private entity to conduct research projects pursuant to this article. (b) The department may accept…
- § 6597.5 It is in the interest of the state to have broad participation in enhancement programs. Therefore, this program shall be open to participation by qualified…
- § 6598 This article shall remain in effect only until January 1, 2028, and as of that date is repealed.
CHAPTER 5.5. California Marine Resources Legacy Act §§ 6600–6621 · 18 sections
ARTICLE 1. General Provisions §§ 6600–6605 · 6 sections
- § 6600 This act shall be known, and may be cited, as the California Marine Resources Legacy Act.
- § 6601 The Legislature finds and declares all of the following: (a) California’s extraordinary marine biological diversity is a vital asset to the state and nation.…
- § 6602 For purposes of this chapter, the following terms have the following meanings: (a) “Applicant” means the owner or operator of an offshore oil structure in…
- § 6603 (a) This chapter establishes a program through which an applicant may voluntarily apply to the department to carry out partial removal of the structure. (b)…
- § 6604 (a) A proposed project to partially remove an offshore oil structure pursuant to this chapter is a project as defined in subdivision (c) of Section 21065 of…
- § 6605 (a) Nothing in this chapter is intended, and it shall not be construed, to limit or affect the authority or duties of any state or local agency, including, but…
ARTICLE 2. Partial Removal of Offshore Oil Structures §§ 6610–6621 · 12 sections
- § 6610 (a) An owner or operator, or other party responsible for decommissioning, of an offshore oil structure may apply to the department for approval to partially…
- § 6611 (a) The application for partial removal shall include, at a minimum, all of the following: (1) The applicant’s plan and schedule for partial removal of the…
- § 6612 (a) Upon receipt of an application to partially remove an offshore oil structure pursuant to this chapter, the department shall determine whether the…
- § 6613 (a) The council shall determine whether the partial removal of an offshore oil structure pursuant to this chapter provides a net benefit to the marine…
- § 6614 (a) Upon certification of the appropriate environmental documents by the lead agency, the commission shall determine, or cause to be determined, the cost…
- § 6615 Prior to granting conditional approval of an application for partial removal of an offshore oil structure, the department shall do all of the following: (a)…
- § 6616 The department may grant conditional approval of an application for partial removal of an offshore oil structure only if all of the following criteria are…
- § 6617 Upon a finding that all the requirements of Sections 6615 and 6616 have been met, the department shall grant conditional approval to an application for partial…
- § 6618 (a) The cost savings from the partial removal of an offshore oil structure, as determined pursuant to Section 6614, shall be apportioned and transmitted as…
- § 6619 Upon a determination by the department that the full amount of cost savings has been transmitted pursuant to Section 6618, the department shall grant final…
- § 6620 The department shall not take title to a decommissioned offshore oil structure in open coastal waters or take responsibility for management of the structure…
- § 6621 Upon the department’s final approval of the first application for partial removal of an offshore oil structure pursuant to Section 6619, the conservancy shall…
CHAPTER 6. Kelp and Other Aquatic Plants §§ 6650–6751 · 24 sections
ARTICLE 1. General Provisions §§ 6650–6657 · 9 sections
- § 6650 Every person engaged in harvesting kelp or other aquatic plants for profit in the waters of this State shall have a license for that purpose.
- § 6651 (a) A license granting the privilege to harvest kelp or other aquatic plants shall be issued upon application and the payment of a fee of one hundred dollars…
- § 6652 (a) Every person engaged in harvesting kelp shall determine the weight of all wet kelp, immediately after it is delivered to the licensee’s place of business…
- § 6653 The commission may make such regulations as may be necessary to insure the proper harvesting of kelp and other aquatic plants.
- § 6653.5 (a) The department may issue permits for the drying of agar-bearing marine plants subject to the regulations the commission may prescribe to provide for proper…
- § 6654 If, at any time, the commission finds that the harvesting of kelp will tend to destroy or impair any kelp bed or beds, or parts thereof, or tend to impair or…
- § 6655 Within 10 days after the service of such a notice, the person upon whom notice is served may demand a hearing upon the necessity for the closing of the kelp…
- § 6656 (a) The commission may revoke a license and prohibit its reissuance for a period of not more than one year, in either of the following circumstances: (1) The…
- § 6657 The commission may, subject to regulations it deems proper, grant permits to any department of the United States Government or to any scientific or any…
ARTICLE 2. Royalties § 6680 · 1 section
- § 6680 In addition to the license fee provided for in this chapter, every person harvesting kelp or other aquatic plants shall pay a royalty, as the commission may…
ARTICLE 3. Exclusive Leases §§ 6700–6711 · 12 sections
- § 6700 The commission may lease to any person the exclusive privilege to harvest kelp in any designated kelp bed, or part thereof, if the commission determines that…
- § 6701 Persons wishing to lease the exclusive privilege to harvest kelp shall submit a written application to the commission. An application shall include all of the…
- § 6701.5 A deposit of not less than forty dollars ($40) for each square mile, or fraction thereof, of the total area of the kelp bed or beds which are designated in the…
- § 6702 (a) If the commission finds that the kelp beds included in the application are available for lease and that the lease would be in the public interest, the…
- § 6703 The initial term of a lease for the exclusive privilege of harvesting kelp shall not exceed 20 years. No lessee shall have an exclusive lease, excluding…
- § 6704 (a) Each kelp bed lease shall specify a period prior to expiration when renewal of the lease may be requested by the lessee. If the commission determines that…
- § 6706 Notwithstanding Sections 6703 and 6704, at any time during the term of a lease, the commission and the lessee may negotiate and enter into a new lease on terms…
- § 6707 (a) Each lease shall require, in addition to the license fee required by this chapter, a payment by the lessee or any sublessee of not less than the minimum…
- § 6708 A lease may not be assigned, in whole or in part, by the lessee, either voluntarily or by operation of law, and no subleases or other rights may be granted…
- § 6709 A lease, or any renewal thereof, shall be submitted to, and approved by, the Department of General Services.
- § 6710 When an exclusive privilege to harvest kelp has been granted by lease by the commission, the commission shall furnish a true copy thereof to the department.…
- § 6711 The department shall inform the State Lands Commission of all kelp bed leases executed pursuant to this chapter, and shall furnish the State Lands Commission…
ARTICLE 4. Noncommercial Use of Kelp §§ 6750–6751 · 2 sections
CHAPTER 7. Amphibia §§ 6850–6896 · 13 sections
ARTICLE 1. Frogs §§ 6850–6855 · 5 sections
- § 6850 As used in this article, “frog” means all species of frog.
- § 6851 Except as otherwise provided in this code or in regulations adopted by the commission, it is unlawful to take or possess any frog for commercial purposes. This…
- § 6852 Any person who conducts a place of business where frogs are sold to the public for food, or who takes or possesses frogs for sale to, or for use by,…
- § 6854 It is unlawful to take frogs by the use of firearms of any caliber or type.
- § 6855 The department may issue a permit to take and dispose of frogs under such limitations as the commission may prescribe, when, in the judgment of the department,…
ARTICLE 2. Frog-Jumping Contests §§ 6880–6885 · 6 sections
- § 6880 As used in this article, “frog-jumping contest” means a contest generally and popularly known as a frog-jumping contest which is open to the public and is…
- § 6881 Frogs to be used in frog-jumping contests shall be governed by this article only. Frogs to be so used may be taken at any time and without a license or permit.
- § 6882 If the means used for taking such frogs can, as normally used, seriously injure the frog, it shall be conclusively presumed the taking is not for the purposes…
- § 6883 Any person may possess any number of live frogs to use in frog-jumping contests, but if such a frog dies or is killed, it must be destroyed as soon as…
- § 6884 A frog which is not kept in a manner which is reasonable to preserve its life is not within the coverage of this article.
- § 6885 The commission has no power to modify the provisions of this article by any order, rule, or regulation.
ARTICLE 3. Commercial Use of Amphibians Except Frogs §§ 6895–6896 · 2 sections
- § 6895 “Native amphibians” as used in this article means salamanders, toads, or any other member of the class amphibia native to California.
- § 6896 Except as otherwise provided in this chapter, the commission shall establish rules for the commercial take, sale, transport, export, or import of native…
CHAPTER 8. Salmon, Steelhead Trout, and Anadromous Fisheries Program Act §§ 6900–6930 · 13 sections
ARTICLE 1. Citation and Legislative Findings §§ 6900–6903.5 · 5 sections
- § 6900 This chapter shall be known and may be cited as the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act.
- § 6901 The Legislature, for purposes of this chapter, finds as follows: (a) According to the department, the natural production of salmon and steelhead trout in…
- § 6902 The Legislature, for purposes of this chapter, declares as follows: (a) It is the policy of the state to significantly increase the natural production of…
- § 6903 It is the policy of the state and the department to encourage nonprofit salmon release and return operations subject to this code operated by, or on behalf of,…
- § 6903.5 The department shall encourage other nonprofit hatcheries and nonprofit artificial propagation operations, operated by, or on behalf of, licensed fishermen,…
ARTICLE 2. Definitions §§ 6910–6912 · 3 sections
- § 6910 Unless the context clearly requires a different meaning, the definitions in this article govern the construction of this chapter.
- § 6911 “Production” means the survival of fish to adulthood as measured by the abundance of the recreational and commercial catch together with the return of fish to…
- § 6912 “Program” means the program for protecting and increasing the naturally spawning salmon and steelhead trout of the state provided for in Article 3 (commencing…
ARTICLE 3. Salmon, Steelhead Trout, and Anadromous Fisheries Program §§ 6920–6923 · 4 sections
- § 6920 (a) The department shall, with the advice of the Advisory Committee on Salmon and Steelhead Trout and the Commercial Salmon Trollers Advisory Committee,…
- § 6921 The program shall identify the measures the department will carry out to achieve the policies set forth in Section 6902.
- § 6922 The program shall include, but is not limited to, all of the following elements: (a) Identification of streams where the natural production of salmon and…
- § 6923 Measures which are the responsibility of other agencies or persons, such as the repair or replacement of dysfunctional fish screens, are not eligible for…
ARTICLE 4. Effect of Reduced Water Flows § 6930 · 1 section
- § 6930 (a) Subject to the availability of funds for the purposes of this section, the department shall contract with the University of California to conduct a study…
CHAPTER 9. California Monitoring Program §§ 6950–6951 · 2 sections
- § 6950 For purposes of this chapter, the following definitions apply: (a) “Local agencies” means local agencies that have a role in the conservation, restoration, and…
- § 6951 The department shall establish the California Monitoring Program to collect comprehensive data on anadromous salmonid populations, in coordination with…