reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 4 - Grass Carp › Section 6453.

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 information required by the department, including, but not limited to, the following:
(1) The number and size of triploid grass carp recommended for the waterway stocked.
(2) The number and size of triploid grass carp stocked in the waterway.
(3) The acres of aquatic plants, by species, at the peak of the growing season in the year prior to introduction of triploid grass carp in the waterway stocked.
(4) The acres of aquatic plants, by species, at the peak of the current year growing season.
(b) The annual report shall be submitted until five years after the use of triploid grass carp to control aquatic plant pests is terminated, unless evidence acceptable to the department is provided that all triploid grass carp have been removed from the waterway.
(Amended by Stats. 2001, Ch. 753, Sec. 7. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 4 - Grass Carp › Section 6454.

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 article.
(Added by Stats. 1995, Ch. 249, Sec. 2. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 4 - Grass Carp › Section 6455.

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 grass carp from the targeted area. The conditions shall include, but are not limited to, the following:
(a) No permit shall be issued for the use of triploid grass carp in waters with an open fresh water connection to other waters of the state.
(b) Any waters in which triploid grass carp are used under this article shall be under the control of the permittee. In addition, barriers to fish movement acceptable to the department shall be in place before introduction of triploid grass carp under this article. Movement of triploid grass carp to areas outside the control of the permittee is prohibited.
(c) Any waters in which triploid grass carp are used under this article shall have sufficient dissolved oxygen and suitable vegetation for consumption to sustain the introduced triploid grass carp, as determined by the department.
(d) Except within closed basins, including the Salton Sea, no permit shall be issued for the use of triploid grass carp within the 100-year flood plain.
(e) Any person or persons engaging in the introduction of triploid grass carp into any area, or in the transfer of triploid grass carp from one site to another, without a permit from the department shall be punished by a fine of not more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
(Amended by Stats. 2001, Ch. 753, Sec. 7.5. Effective January 1, 2002.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 4 - Grass Carp › Section 6456.

6456. Nothing in this article shall be construed as restricting grass carp programs approved by the department on or before June 1, 1995.
(Added by Stats. 1995, Ch. 249, Sec. 2. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 4 - Grass Carp › Section 6457.

6457. Because of its experience and continuing involvement with hydrilla control programs, the implementation of Sections 6450 and 6454 shall be carried out in consultation with the Department of Food and Agriculture.
(Added by Stats. 1995, Ch. 249, Sec. 2. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 4 - Grass Carp › Section 6460.

6460. If the department obtains documented and verifiable evidence of escapements of triploid grass carp permitted under this article into unauthorized waters, the unauthorized use of grass carp, or threats to fish and wildlife and their habitats as the result of this program, it may, upon a written finding by the director to that effect, suspend the permit issuance process authorized by this article. If the situation is local, the suspension may be limited to that area whose waters, habitat, and fish and wildlife resources are threatened. The suspension shall last until the director makes a written finding that the threat has been abated.
(Added by Stats. 1997, Ch. 533, Sec. 7. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6590.

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 sport and commercial fishing and their related industries.
(b) The purpose of this article is to determine if hatchery-released fish can enhance certain stocks of desirable species and contribute to research and scientific understanding of marine hatchery operations and benefits.
(c) Funding for the program is most appropriately borne by a special fund derived from user fees on sport 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.
(h) The department may benefit from contracting with other public or private entities to further the purposes of this article.
(Amended by Stats. 2020, Ch. 345, Sec. 1. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6591.

6591. For purposes of this article, the following definitions apply:
(a) “Advisory panel” means the Ocean Resources Enhancement Advisory Panel established pursuant to Section 6594.
(b) “Committee” means the independent scientific advisory committee established pursuant to Section 6594.1.
(c) “Program” means the California Ocean Resources Enhancement and Hatchery Program established by this article.
(Amended by Stats. 2020, Ch. 345, Sec. 2. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6592.

6592. There is hereby established in state government the California Ocean Resources Enhancement and Hatchery Program. The purpose of the program is to advance research on the artificial propagation, rearing, stocking, and distribution of marine fish species that are important to sport and commercial fishing in the ocean waters off the coast of California south of a line extending due west from Point Arguello, including research on the efficacy of artificial enhancement of stocks of these marine fish species through hatchery production.
(Amended by Stats. 2020, Ch. 345, Sec. 3. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6593.

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 the committee if that person is receiving research funding from the program.
(c) The director may appoint, with the advice of the advisory panel, a program manager to assist in administering the program.
(d) The director shall consider the advice of the advisory panel regarding program administration, including the expenditure of fee revenue and other sources of program funding.
(Amended by Stats. 2020, Ch. 345, Sec. 4. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6594.

6594. (a) To advise the director in establishing policy and direction for the program, the director shall establish the Ocean Resources Enhancement Advisory Panel.
(b) The advisory panel shall consist of the following members, all of whom shall be residents of California:
(1) One nonvoting member representing the department.
(2) One nonvoting member representing the California Sea Grant program.
(3) Two voting members representing the southern California commercial fishing industry.
(4) One voting member representing the southern California commercial passenger fishing vessel industry.
(5) Three voting members representing the southern California sport fishing industry.
(6) One voting member representing the southern California aquaculture industry.
(7) One voting member representing the public or nongovernmental organization interests, or both.
(c) There shall be a designated alternate member for each voting member of the advisory panel.
(d) The director shall appoint members and alternate members of the advisory panel after soliciting nominations for members and evaluating the experience, demonstrated program knowledge, and relevant stakeholder support of nominees.
(e) Each appointment of a member or alternate member shall be for a term of three years. There shall be no limit on the number of terms a member may serve on the advisory panel.
(Amended by Stats. 2020, Ch. 345, Sec. 5. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6594.3.

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 completed during the preceding year and an outlook for future program activities. At the meeting, the director shall provide information on the program’s compliance with any permitting requirements and the results of information solicited pursuant to Section 6596.3.
(Added by Stats. 2020, Ch. 345, Sec. 7. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6594.5.

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 December 12, 2017, in the report “Evaluation of the Ocean Resources Enhancement and Hatchery Program,” Publication no. CASG-17-010 in the operation of the program.
(b) (1) On or before July 1, 2027, the director shall submit a report to the relevant budget and policy committees of the Legislature and the Legislative Analyst’s Office regarding the status of the program and the program’s progress towards achieving its goals and objectives. The report shall include information regarding the findings of the committee, and incorporate, as applicable, information related to the program from the outcome of the service-based budget review conducted pursuant to Section 712.1.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on July 1, 2031, pursuant to Section 10231.5 of the Government Code.
(Added by Stats. 2020, Ch. 345, Sec. 8. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6595.

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 Fish and Game Preservation 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 advisory panel in the discharge of their duties pursuant to this article and the compensation and expenses provided for the members of the committee pursuant to subdivision (e) of Section 6594.1.
(Amended by Stats. 2020, Ch. 345, Sec. 9. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6596.1.

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.
(g) The commission shall adjust the amount of the fees specified in subdivision (f), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(Amended by Stats. 2012, Ch. 565, Sec. 19. (SB 1148) Effective January 1, 2013. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6596.3.

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 director may contract with a public or private entity to undertake this solicitation.
(Added by Stats. 2020, Ch. 345, Sec. 10. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6597.

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 volunteer assistance for program operations, including, but not limited to, assistance with regard to grow-out facilities, provided that volunteers do not displace existing state employees.
(c) All research and research results conducted through the program shall be publicly available.
(Amended by Stats. 2020, Ch. 345, Sec. 11. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6597.5.

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.
(Added by Stats. 1992, Ch. 987, Sec. 7. Effective January 1, 1993. Repealed as of January 1, 2028, pursuant to Sec. 6598.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 8 - Ocean Fishery Research › Section 6598.

6598. This article shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Repealed and added by Stats. 2020, Ch. 345, Sec. 13. (AB 1949) Effective January 1, 2021. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Art. 8, commencing with Sec. 6590.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 1 - General Provisions › Section 6600.

6600. This act shall be known, and may be cited, as the California Marine Resources Legacy Act.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 1 - General Provisions › Section 6601.

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. 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) Although the state maintains various programs to protect, restore, and enhance California’s marine resources, the effect of these programs is limited by inadequate and unstable funding.
(c) There is an existing permitting process for decommissioning and fully removing offshore oil platforms or production facilities. Owners and operators are currently responsible for the full cost of decommissioning and remediating those facilities.
(d) According to the United States Department of the Interior, the 23 oil and gas platforms in federal waters off the California coast are expected to reach the end of their useful production lifetimes and be decommissioned between 2015 and 2030.
(e) The California Ocean Science Trust in its June 2010 study, titled “Evaluating Alternatives for Decommissioning California’s Offshore Oil and Gas Platforms: A Technical Analysis to Inform State Policy,” analyzed a number of decommissioning alternatives to full rig removal and determined that the most likely alternative is to remove the upper portion of the rig and leave the remainder of the structure in place.
(f) The California Ocean Science Trust report and other studies indicate that the partial removal option can result in a net benefit to the marine environment and substantial cost savings compared to full removal of an oil platform or production facility.
(g) Provided that partial removal of an oil rig would result in a net benefit to the marine environment compared to full removal, it is in the interest of the state that a portion of the cost savings that result from partial removal should be shared with the citizens of this state to protect and enhance the state’s marine resources.
(h) It is also in the interest of the state that any program to allow partial removal of oil platforms meet all of the following criteria:
(1) Partial removal shall result in a net benefit to the marine environment compared to full removal.
(2) The determination of whether partial removal would result in a net benefit to the marine environment should be made only after scientific study and evaluation.
(3) Because the location and depth of an oil platform, as well as other ecological factors, create a unique environment, each oil platform shall be subject to scientific study and evaluation before partial removal is allowed.
(4) The costs of the scientific study and evaluation should be borne by the applicant.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 1 - General Provisions › Section 6602.

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 state or federal waters or another party responsible for decommissioning an offshore oil structure in state or federal waters who applies pursuant to this chapter to carry out partial removal of the structure.
(b) “Commission” means the State Lands Commission.
(c) “Conservancy” means the State Coastal Conservancy.
(d) “Cost savings” means the difference between the estimated cost to the applicant of complete removal of an oil platform as required by state and federal leases and the estimated costs to the applicant of partial removal of the oil platform pursuant to this chapter.
(e) “Council” means the Ocean Protection Council.
(f) “Endowment” means the California Endowment for Marine Preservation established in Division 37 (commencing with Section 71500) of the Public Resources Code.
(g) “Exclusive economic zone (EEZ)” means the zone as measured from the mean high tide line seaward to 200 nautical miles, as set forth in Presidential Proclamation 5030 of March 10, 1983, in which the United States proclaimed jurisdiction over the resources of the ocean within 200 miles of the coastline.
(h) “National Fishing Enhancement Act of 1984” means Title II of Public Law 98-623.
(i) “Offshore oil structure” means platforms, piers, and artificial islands located seaward of mean lower low water, used for oil and gas exploration, development, production, processing, or storage.
(j) “Oil” means any kind of petroleum, liquid hydrocarbons, natural gas, or petroleum products or any fraction or residues therefrom.
(k) “Open coastal marine resources” means those marine resources that use open coastal waters as their habitat.
(l) “Open coastal waters” means the area composed of the submerged lands of the state that are below the mean lower low water, extending seaward to the boundaries of the exclusive economic zone.
(m) “Partial removal” means an alternative to full removal of an offshore oil structure, in compliance with all requirements of this chapter.
(n) “State waters” means waters within the seaward boundary of the state as identified in Section 2 of Article III of the California Constitution.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 1 - General Provisions › Section 6603.

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) The program established pursuant to this chapter shall be deemed consistent with, and part of, the California Artificial Reef Program pursuant to Article 2 (commencing with Section 6420) of Chapter 5 for purposes of compliance with federal law including the National Fishing Enhancement Act of 1984.
(c) Except as specified in Section 6604, the department shall serve as the primary authority for carrying out the program, including review and approval of applications to partially remove an offshore oil structure in state or federal waters and management and operation of decommissioned offshore oil structures in state or federal waters approved pursuant to this chapter.
(d) Final approval of an application shall not be granted until the applicant complies with all requirements of the chapter, including the payment of all costs to the state to review and approve the proposed project as required by subdivision (b) of Section 6612 and the transmittal of the required portion of cost savings to the endowment and other parties as required by Section 6618.
(e) The department may obtain funds for the planning, development, maintenance, and operation of an offshore oil structure transferred to the department pursuant to this chapter and may accept gifts, subventions, grants, rebates, reimbursements, and subsidies from any lawful source.
(f) The department may adopt regulations to implement this chapter.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 1 - General Provisions › Section 6604.

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 the Public Resources Code and is therefore subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be reviewed pursuant to the time limits established in Section 21100.2 of the Public Resources Code.
(b) The Natural Resources Agency shall serve as the lead agency for the environmental review of any project proposed pursuant to this chapter.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 1 - General Provisions › Section 6605.

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 not limited to, the commission, the council, and the California Coastal Commission.
(b) Nothing in this chapter shall be construed to do any of the following:
(1) Relieve the applicant or prior owner or operator of an offshore oil structure from any continuing liability under any of the following, if the liability is associated with seepage or release of oil from an offshore oil structure that was decommissioned pursuant to an order of, or any action taken by, and in accordance with, any applicable rule or regulation of, any federal or state agency:
(A) Any state statute or regulation regarding liability for the spilling of oil.
(B) The federal Oil Pollution Act of 1990 (33 U.S.C. Sec. 2701 et seq.).
(C) Any other provision of law.
(2) Establish any new liability on the part of the state.
(3) Require any agency with jurisdiction to approve the partial removal of an offshore oil structure.
(4) Promote, encourage, or facilitate offshore oil exploration, development, and production within California’s open coastal waters.
(5) Require the United States Department of the Interior or the commission to modify, amend, or alter an existing oil and gas lease to approve partial removal of an offshore oil structure.
(6) Alter any existing law or applicable rule or regulation of any federal or state agency that establishes liability for damages arising with respect to artificial reefs or reef materials, including, but not limited to, components of decommissioned oil structures.
(7) Alter any existing law or policy that protects natural reefs.
(8) Approve any particular method of abandonment.
(c) Any partial removal of an offshore oil structure pursuant to this chapter shall not be used or counted as mitigation for any environmental impacts or natural resource damages.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 2 - Partial Removal of Offshore Oil Structures › Section 6610.

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 remove the structure pursuant to the requirements of this chapter.
(b) The department shall design and make available to potential applicants an application process that will facilitate review of the application by the department in a timely manner, consistent with Section 6604.
(c) Upon receipt of an application pursuant to this section, the department shall transmit a copy of the application to the council, the commission, and the endowment, which shall constitute notice to these agencies.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 2 - Partial Removal of Offshore Oil Structures › Section 6611.

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 offshore oil structure, including removal of any portion of the structure as appropriate to maintain navigational safety.
(2) A determination of the estimated cost of partial removal and the estimated cost of full removal.
(3) A determination of the environmental impacts and benefits to the marine environment from partial removal and full removal of the structure.
(4) Identification of all permits, leases, and approvals required by any governmental agency, including a permit issued by the United States Army Corps of Engineers if required for offshore oil structures, and a lease issued by the commission if the proposed project involves state tidelands and submerged lands, and a proposed schedule for the applicant or the state to receive those permits, leases, and approvals.
(b) The department may require the applicant to submit a management plan for the structure following partial removal, including maintenance in a manner consistent with navigational safety, enforcement, and monitoring.
(c) The information submitted pursuant to subdivisions (a) and (b) shall be used by the department for advisory purposes only. Final determinations regarding the partial removal and management of the offshore oil structure, net benefit to the marine environment from partial removal, and cost savings from partial removal shall be made solely by the department, council, and commission, as specified in this chapter, based on their independent review and judgment.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 2 - Partial Removal of Offshore Oil Structures › Section 6612.

6612. (a) Upon receipt of an application to partially remove an offshore oil structure pursuant to this chapter, the department shall determine whether the application is complete and includes all information needed by the department.
(b) (1) Upon a determination that the application is complete, the applicant shall provide surety bonds executed by an admitted surety insurer, irrevocable letters of credit, trust funds, or other forms of financial assurances, determined by the department to be available and adequate, to ensure that the applicant will provide sufficient funds to the department, council, commission, and conservancy to carry out all required activities pursuant to this article, including all of the following:
(A) Environmental review of the proposed project pursuant to Section 6604.
(B) A determination of net environmental benefit pursuant to Section 6613.
(C) A determination of cost savings pursuant to Section 6614.
(D) Preparation of a management plan for the structure pursuant to Section 6615.
(E) Implementation of the management plan and ongoing maintenance of the structure after the department takes title pursuant to Section 6620.
(F) Development of an advisory spending plan pursuant to Section 6621.
(G) Other activities undertaken to meet the requirements of this article, including the costs of reviewing applications for completeness, and reviewing, approving, and permitting the proposed project, which includes the costs of determining whether the project meets the requirements of all applicable laws and regulations and the costs of environmental assessment and review.
(2) The department shall consult with the council, commission, and conservancy in determining appropriate funding for activities to be carried out by those agencies.
(3) The funds provided pursuant to paragraph (1) shall not be considered in the calculation of cost savings pursuant to Section 6614 or the apportionment of cost savings pursuant to Section 6618.
(c) The first person to file an application on and after January 1, 2011, to partially remove an offshore oil structure pursuant to this chapter, shall pay, in addition to all costs identified under subdivision (b), the startup costs incurred by the department or the commission to implement this chapter, including the costs to develop and adopt regulations pursuant to this chapter. This payment of startup costs shall be reimbursed by the department as provided in paragraph (3) of subdivision (c) of Section 6618.
(d) As soon as feasible after reaching the agreement pursuant to subdivision (b), the lead agency shall begin the environmental review of the proposed project as required pursuant to Section 6604.
(Amended by Stats. 2011, Ch. 296, Sec. 103. (AB 1023) Effective January 1, 2012.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 2 - Partial Removal of Offshore Oil Structures › Section 6614.

6614. (a) Upon certification of the appropriate environmental documents by the lead agency, the commission shall determine, or cause to be determined, the cost savings that will result from the partial removal of an offshore oil structure as proposed in the application compared to full removal of the structure.
(b) The commission shall ensure that any cost savings are accurately and reasonably calculated. The commission may contract or enter into a memorandum of understanding with any other appropriate governmental agency or other party, including an independent expert, to ensure that cost savings are accurately and reasonably calculated.
(c) The commission shall consider any estimates of cost savings made by any governmental agency, including, but not limited to, the Internal Revenue Service, the Franchise Tax Board, and the United States Department of the Interior. The commission shall include in its determination a written explanation, which shall be available to the public, of the differences, and the reasons for the differences, between the commission’s determination of cost savings and any other estimates of cost savings the commission considered.
(d) The applicant shall provide all necessary documentation, as determined by the commission, to allow the commission to calculate the amount of cost savings. Failure to provide information requested by the commission in a timely manner may result in rejection of the application.
(e) The determination made pursuant to this section and submitted to the department by the commission shall constitute the final determination and shall not be revised except by the commission.
(f) The commission shall take all feasible steps to complete its determination in a timely manner that accommodates the department’s schedule for consideration of the application.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 2 - Partial Removal of Offshore Oil Structures › Section 6615.

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) Prepare a plan to manage the offshore oil structure after its partial removal. The plan shall include measures to manage fishery and marine life resources at and around the structure in a manner that will ensure that the net benefits to the marine environment identified pursuant to Section 6613 are maintained or enhanced. Consistent with state and federal law, management measures may include a buffer zone in which fishing or removal of marine life is restricted or prohibited.
(b) Provide an opportunity for public comment on the application pursuant to the California Environmental Quality Act.
(c) Hold a public hearing in the county nearest to the location of the offshore oil structure that is the subject of the application.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 2 - Partial Removal of Offshore Oil Structures › Section 6617.

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 removal of an offshore oil structure.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 2 - Partial Removal of Offshore Oil Structures › Section 6618.

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 described in this section.
(b) Upon receipt of conditional approval pursuant to Section 6617, the owner or operator of the structure shall apportion and directly transmit a portion of the total amount of the cost savings to the entities in subdivision (c) as follows:
(1) Fifty-five percent, if transmitted before January 1, 2017.
(2) Sixty-five percent, if transmitted on or after January 1, 2017, and before January 1, 2023.
(3) Eighty percent, if transmitted on or after January 1, 2023.
(c) Of the total amount of the cost savings to be transmitted pursuant to subdivision (b), the applicant shall directly transmit the following amounts to the following entities:
(1) Eighty-five percent shall be deposited into the California Endowment for Marine Preservation established pursuant to Division 37 (commencing with Section 71500) of the Public Resources Code.
(2) Ten percent shall be deposited into the General Fund.
(3) Two percent shall be deposited into the Fish and Game Preservation Fund for expenditure, upon appropriation by the Legislature, by the department to pay any costs imposed by this chapter that are not otherwise provided for pursuant to subdivision (b) of Section 6612 and subdivision (e) of Section 6616. Any moneys remaining in the Fish and Game Preservation Fund, after providing for these costs, shall be used, upon appropriation by the Legislature, first to reimburse the payment of the startup costs described in subdivision (c) of Section 6612, and thereafter to conserve, protect, restore, and enhance the coastal and marine resources of the state consistent with the mission of the department.
(4) Two percent shall be deposited into the Coastal Act Services Fund, established pursuant to Section 30620.1 of the Public Resources Code, and shall be allocated to support state agency work involving research, planning, and regulatory review associated with the application and enforcement of coastal management policies in state and federal waters pursuant to state and federal quasi-judicial authority over offshore oil and gas development.
(5) One percent shall be deposited with the board of supervisors of the county immediately adjacent to the location of the facility prior to its decommissioning. The amount paid to the county shall be managed pursuant to paragraph (1) of subdivision (d) of Section 6817 of the Public Resources Code.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 2 - Partial Removal of Offshore Oil Structures › Section 6619.

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 approval of the application for partial removal of an offshore oil structure.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 2 - Partial Removal of Offshore Oil Structures › Section 6620.

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 pursuant to this article until decommissioning and partial removal of the structure have been completed and both of the following requirements are met:
(a) The partial removal of the structure has been granted final approval by the department.
(b) The state is indemnified, as required in subdivision (f) of Section 6616, from any liability that may result from approving the partial removal of an offshore oil structure or any liability that may result from the ownership of the structure.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5.5 - California Marine Resources Legacy Act › ARTICLE 2 - Partial Removal of Offshore Oil Structures › Section 6621.

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 create an advisory spending plan for cost savings deposited in the endowment, to provide the Board of Directors of the California Endowment for Marine Preservation with guidance on spending those funds. The conservancy shall update the spending plan no less than once every five years, except the conservancy shall also update the spending plan when each additional application for partial removal is approved. The conservancy shall submit a copy of the spending plan and all updates to the plan to the Legislature, in accordance with Section 9795 of the Government Code, and to the Board of Directors of the California Endowment for Marine Preservation.
(Added by Stats. 2010, Ch. 687, Sec. 1. (AB 2503) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 6 - Kelp and Other Aquatic Plants › ARTICLE 1 - General Provisions › Section 6650.

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.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 6 - Kelp and Other Aquatic Plants › ARTICLE 1 - General Provisions › Section 6651.

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 ($100) to the department. The license shall be valid from January 1 to December 31, inclusive, or, if issued after the beginning of that term, for the remainder thereof.
(b) The commission shall adjust the amount of the fees specified in subdivision (a), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(c) This chapter does not apply to aquatic plants grown on private land or on state water bottoms leased pursuant to Division 12 (commencing with Section 15000).
(Amended by Stats. 2012, Ch. 559, Sec. 22. (AB 2402) Effective January 1, 2013.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 6 - Kelp and Other Aquatic Plants › ARTICLE 1 - General Provisions › Section 6652.

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 or elsewhere. The weight shall be entered in a book to be kept by the licensee. The book shall be open at all times to the inspection of the department.
(b) The weight shall be determined by any method approved by the department, including the displacement method.
(c) Every person engaged in harvesting kelp shall, on or before 10 days after each month of the term of the license, deliver to the department a statement of the weight of all wet kelp harvested during the preceding month.
(Amended by Stats. 2023, Ch. 132, Sec. 120. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 6 - Kelp and Other Aquatic Plants › ARTICLE 1 - General Provisions › Section 6653.

6653. The commission may make such regulations as may be necessary to insure the proper harvesting of kelp and other aquatic plants.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 6 - Kelp and Other Aquatic Plants › ARTICLE 1 - General Provisions › Section 6653.5.

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 utilization of that resource.
(b) No person shall dry agar-bearing marine plants for profit unless the person has a permit issued under this section.
(Added by Stats. 1984, Ch. 242, Sec. 1.)