BILL NUMBER: AB 504 AMENDED
BILL TEXT
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. A violation of the Fish
and Game Code is generally a misdemeanor. 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 , except as specified, 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
department; or 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) As used in this section, "transgenic"
the following definitions shall apply:
( 1) " 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.
(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.
(d) Except as provided in subdivision (e), research or
experimentation for the commercialization of transgenic salmonids is
prohibited.
(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.
(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.
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.