2005 California Fish and Game Code Sections 6590-6599 Article 8. Ocean Fishery Research

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 ocean waters have adversely
affected recreational and commercial fishing and their related
industries.
   (b) Research and development of artificial propagation, rearing,
and stocking techniques and equipment have been sufficiently
developed.  The purpose of this article is to determine if
hatchery-released fish can artificially enhance certain stocks of
various desirable species, through increased hatchery production of
fish and increased monitoring of fisheries to assess the contribution
of hatchery-released fish to that enhancement.
   (c) Funding for research pertaining to enhancement and artificial
propagation, rearing, and stocking are most appropriately borne by a
special fund derived from user fees on recreational and commercial
fishermen who stand to directly benefit from the resurgence of
depressed marine fisheries.
   (d) The department has continuing resource management,
administrative, and policy review responsibility in marine resources
issues.
   (e) Volunteers from the recreational fishing community have
developed and operated grow-out facilities with private funding.
These volunteer activities greatly enhance the effectiveness of the
program and are fully compatible with the overall program objectives.
   (f) As white sea bass hatchery production is established,
additional grow-out facilities will be required and coordination
between these facilities will be necessary.  The ocean resources
enhancement advisory panel may encourage contracts to carry out
coordination activities and recommend to the director that this
coordination remain a high priority.  Those coordination activities
may be funded with fees collected by the department pursuant to this
article.
   (g) The use of federal matching funds, including sportfish
restoration account funds, shall be a high priority for use to match
state dollars for this program.
6591.  For purposes of this article, "program" means the California
Ocean Resources Enhancement and Hatchery Program established by this
article.
6592.  There is hereby established in state government the
California Ocean Resources Enhancement and Hatchery Program for the
purpose of basic and applied research on the artificial propagation,
rearing, stocking, and distribution of adversely affected marine fish
species that are important to sport or commercial fishing in the
ocean waters off the coast of California south of a line extending
due west from Point Arguello.
6593.  The program is administered by the director with the advice
and assistance of the advisory panel created in Section 6594.  No
person shall serve on the advisory panel if that person is receiving
research funding from the program.  The director may appoint, with
the advice and consent of the advisory panel, a program manager to
assist in administering the program.
6594.  To assist the director in establishing policy and direction
for the research and enhancement programs to be supported from the
Fish and Game Preservation Fund, there is hereby created in the
department an Ocean Resources Enhancement Advisory Panel.  The panel
shall consist of the following members:
   (a) One member representing the department.
   (b) One member from the University of California, appointed by the
president.
   (c) One member from the California State University System,
appointed by the chancellor.
   (d) Two members representing persons working in the southern
California commercial fishing industry, of which one shall be
appointed by the director from a list of at least three persons
submitted by the California Gillnetters Association and one shall be
appointed by the director from a list of at least three persons
submitted by the California Fisheries and Seafood Institute.
   (e) One member representing the southern California commercial
passenger fishing vessel industry, appointed by the director from a
list of at least three persons submitted by the Sportfishing
Association of California.
   (f) Three members representing southern California ocean
sportfishermen, of which one shall be appointed by the director from
a list of at least three persons submitted by the United Anglers of
California, one appointed by the director from a list of at least
three persons submitted by the National Coalition for Marine
Conservation, Pacific Region, and one appointed by the director from
a list of at least three persons submitted by California resident
members of the American Fishing Tackle Manufacturers Association.
   (g) One member representing the California Aquaculture
Association established pursuant to Section 15700.
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 Fund and shall be available, upon
appropriation by the Legislature, solely for purposes of the program.
  The department shall maintain the internal accountability necessary
to ensure that expenditures of these funds meet the requirements and
restrictions of the purposes of the program.
   (b) An amount, not to exceed 15 percent of the total annual
revenues deposited in the fund pursuant to this article, may be
appropriated for the administration of the program, including any
reasonable and necessary expenses incurred by members of the ocean
resources enhancement advisory panel in the discharge of their duties
pursuant to this article.
   (c) No part of the program may be financed pursuant to this
article unless it has been approved by both the director and a
majority of the members of the ocean resources enhancement advisory
panel.
6596.  (a) In addition to a valid California sport fishing license
and any other applicable license stamp issued pursuant to this code,
a person taking fish from ocean waters south of a line extending due
west from Point Arguello for purposes other than for profit shall
have a valid sport fishing ocean enhancement stamp permanently
affixed to his or her fishing license.  A sport fishing ocean
enhancement stamp shall be issued upon payment of a base fee of three
dollars and fifty cents ($3.50).  A sport fishing license issued
pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149
is not subject to this subdivision.
   (b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement stamp issued for that
vessel that has not been suspended or revoked.
   (c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes, south of a line extending due
west from Point Arguello, shall have a valid commercial fishing
ocean enhancement stamp issued to that person that has not been
suspended or revoked.
   (d) The base fee for a commercial fishing ocean enhancement stamp
is thirty-five dollars ($35).
   (e) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
   (f) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
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 ocean waters south of a line
extending due west from Point Arguello for purposes other than for
profit shall have a valid sport fishing ocean enhancement validation
permanently affixed to his or her fishing license.  A sport fishing
ocean enhancement validation shall be issued upon payment of a base
fee of three dollars and fifty cents ($3.50).  A sport fishing
license issued pursuant to paragraph (4) or (5) of subdivision (a) of
Section 7149.05 is not subject to this subdivision.
   (b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement validation issued for that
vessel that has not been suspended or revoked.
   (c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes south of a line extending due
west from Point Arguello, shall have a valid commercial fishing ocean
enhancement validation issued to that person that has not been
suspended or revoked.
   (d) The base fee for a commercial ocean fishing enhancement
validation is thirty-five dollars ($35).
   (e) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
   (f) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
6597.  The department may contract with private nonprofit
organizations which, prior to January 1, 1984, were conducting
research related to the purposes of the program, to conduct research
projects pursuant to this article.
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 academic institutions, as
determined by the department, and nonprofit organizations, commercial
aquaculturists, and for profit enterprises.
6598.  Any place at which all or a significant part of the program
is conducted shall be named the "California Marine Hatchery
Institute."
6599.  (a) On or before December 31 of each year, the director shall
prepare and submit a report to the Legislature and the Legislative
Analyst regarding the effectiveness of the program.
   (b) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.