reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5933.

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 stream, is filed with the Department of Water Resources, pursuant to Part 1 (commencing with Section 6000) of Division 3 of the Water Code, a copy of such application shall be filed by the applicant with the commission. If then the commission deems that the construction of a fishway over such a dam is necessary for the preservation and protection of fish, and that construction and operation of such fishway is practicable, it shall set a date for a hearing to be held within 90 days after filing of such application with the commission.
At such hearing the applicant shall be entitled to introduce evidence to show that construction of the fishway is not necessary or is not practicable, taking into consideration the height of the dam and the amount of water available.
If, after the hearing, the commission finds that the construction of the fishway is necessary and practicable it shall, within five days after such hearing, notify the applicant to that effect.
After notice from the commission that a fishway is required, it shall be unlawful to commence the construction of any new dam or the enlargement of any dam without first obtaining the written approval of the commission of the design for such a fishway.
(Amended by Stats. 1963, Ch. 304.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5934.

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 in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.
(Amended by Stats. 2004, Ch. 182, Sec. 37. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5935.

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 times.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5936.

5936. It is unlawful to wilfully destroy, injure, or obstruct any fishway.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5937.

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, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in any river or stream, permission may be granted by the department to the owner of any dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5938.

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 dam, the commission may, in lieu of the fishway, order the owner of the dam completely to equip, within a specified time, on a site to be selected by the department, a hatchery, together with dwellings for help, traps for the taking of fish, and all other equipment necessary to operate a hatchery station, according to plans and specifications furnished by the department. After such hatchery has been constructed, the department shall operate it without further expense to the owner of the dam except as provided in Sections 5940 and 5941.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5939.

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 with a reasonable number of fish. The owner of the dam shall permit the department to locate the hatchery, dwellings, traps, and other equipment upon any of the land of the owner of the dam upon a site or sites to be mutually agreed upon by the department and the owner of the dam.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5940.

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.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5941.

5941. The owner shall permit the use of water, without charge, to operate the hatchery.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5942.

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 plant, under the supervision of the department, the young of such fish as naturally frequent the waters of the stream or river, at such times, in such places, and in such numbers as the commission may order.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5943.

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 the taking of fish in the stream or river, subject to the regulations of the commission.
(b) Subdivision (a) does not apply to any impoundment of water by a dam that is wholly located on privately owned land that is primarily agricultural or residential in nature if the impounded waters are from a stream or river that is not naturally frequented by fish and if the dam does not prevent the free passage of fish over or around the dam. The Legislature finds and declares that this subdivision is intended to be declaratory of existing law.
(Amended by Stats. 1996, Ch. 273, Sec. 1. Effective January 1, 1997.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5944.

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 with, any of the property of the owner of the dam.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5945.

5945. The department may sell, at cost, to the owner of a dam, young fish ordered to be planted.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5946.

5946. (a) The provisions of Section 5938 shall not be applicable to dams constructed in District 4
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after September 9, 1953.
(b) No permit or license to appropriate water in District 4
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shall be issued by the State Water Resources Control Board after September 9, 1953, unless conditioned upon full compliance with Section 5937.
(c) Plans and specifications for any dam described in subdivision (a) shall not be approved by the Department of Water Resources unless adequate provision is made for full compliance with Section 5937.
(Amended by Stats. 2023, Ch. 132, Sec. 116. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5947.

5947. It is unlawful for the owner of a dam in District 4
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/
2
to release water from the dam, or any facilities for the generation of hydroelectric energy operated in connection therewith, in varying flows in such a manner as to destroy fish life below such release.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 2 - Dams and Obstructions › Section 5948.

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 diversion of water, public bridges and approaches thereto, groins, jetties, seawalls, breakwaters, bulkheads, wharves and piers permitted by law, and debris from mining operations, in any stream in this State, which will prevent the passing of fish up and down stream or which is deleterious to fish as determined by the commission, subject to review by the courts.
(Amended by Stats. 1957, Ch. 2039.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5980.

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 classifying conduits it is recognized that those involving the passage of water through power devices and those of large size tend to destroy fish in a greater degree than conduits of smaller size or different type.
If this section is for any reason held to be unconstitutional, such decision shall not affect the validity of the remainder of this article.
The Legislature hereby declares that the persons owning conduits referred to in this section shall be subject to the provisions of this article.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5981.

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 department shall order the owner of the conduit to install a screen.
(b) Except as provided in Sections 5987, 5988 and 5989, one-half of the expense of constructing or installing a screen shall be paid by the owner of a conduit and one-half by the department.
(Amended by Stats. 2023, Ch. 132, Sec. 117. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5982.

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 shall be installed, and an estimate of the expense of installing the screen.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5983.

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 the construction or installation of the screen.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5984.

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 conduit, inspect the screen, and pay to the owner one-half of the amount estimated to be necessary to complete the construction or installation of the screen.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5985.

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 department pursuant to this article.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5986.

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.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5987.

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 person engaged in producing, generating, transmitting, delivering, or furnishing electricity for light, heat or power.
If this section is for any reason held to be unconstitutional, the decision shall not affect the validity of Section 5981, 5983 or 5984, and the Legislature hereby declares that the persons mentioned in this section shall be subject to the provisions of Sections 5981, 5983 and 5984.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5988.

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 purpose of accepting it. Thereupon it is the duty of the department to inspect the screen, and if it has been installed in accordance with the order and plans and specifications agreed upon by the department and the owner as provided in Section 5992 or approved by the Department of Water Resources the department shall accept and approve the screen in writing. If, upon such inspection it appears that the screen has not been constructed and installed in accordance with such plans and specifications, the department shall, within 60 days after such inspection, notify the owner of any deviation from the order. Thereupon such deviation may be remedied within 90 days, and a further inspection requested.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5989.

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 acceptance of the screen, the owner shall not be required to install a new screen. However, the department may install another screen at the sole cost and expense of the department of a type, size, mesh, and at a location agreed upon by the department and the owner, or approved by the Department of Water Resources, as provided in Section 5992 of this code.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5990.

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 screen to be removed or taken out of place, except for repairs or cleaning while water is running in the conduit.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5991.

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 which event the type, size, mesh, and location of the screen and the time within which it shall be installed shall be determined as provided by Section 5992 of this code.
When the department elects to construct and install a screen, one-half of the cost of construction and installation shall be paid by the owner.
The department may pay the entire cost of the construction and installation of a screen from the Fish and Game Preservation Fund, in which case it shall, upon completion of the screen, notify the owner of the amount of one-half of the cost, and the owner shall, within 30 days thereafter, remit that amount to the department.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5992.

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 unnecessarily impede the flow of water or prevent the owner from diverting the amount of water he is legally entitled to divert.
The type, size, mesh, and location of the screen and the time within which it shall be installed shall be mutually agreed upon by the department and the owner of the conduit. In the event the department and the owner of the conduit cannot agree upon the type, size, mesh, and location of the screen and the time within which it shall be installed, such matters shall be submitted for determination to the Department of Water Resources whose decision thereon shall be final and conclusive.
If the owner and the department fail to agree upon the type, size, mesh, location, and time of installation of the screen within 60 days from the first submission of proposed plans and specifications by the department to the owner, either the department or the owner may submit such matters, in writing to the Department of Water Resources for final and conclusive decision, and it shall, within 60 days from such reference, render its decision in writing determining such matters.
The department shall maintain and keep the screen in repair, and shall quarterly notify the owner in writing of the cost thereof, and the owner shall within 30 days thereafter remit to the department an amount equal to one-half of such cost.
The owner shall operate and keep free from debris any screen installed, and shall quarterly notify the department in writing of the cost thereof, and the department shall within 30 days thereafter remit to the owner an amount equal to one-half of such cost.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 3 - Conduits and Screens: Diversions Over 250 Cubic Feet per Second › Section 5993.

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 determining the cost of maintenance, repairs, operation, and keeping the screen free of debris, which agreement shall provide that in the event either the department or the owner objects to such cost the matter shall be referred to the Director of General Services for his final and conclusive decision.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 4 - Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second › Section 6020.

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 Section 5987.
If this section is for any reason held to be unconstitutional, such decision shall not affect the validity of Article 3 of this chapter and the Legislature hereby declares that the persons owning conduits referred to in this section shall be subject to the provisions of Article 3 of this chapter.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 4 - Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second › Section 6021.

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 passage of fish through a conduit, when in the opinion of the department such a screen or device is practical and necessary. The owner of a conduit shall grant to the department the right of access to the conduit for the installation and maintenance of the screen, and shall provide the department with an easement for a site for the installation of the screen or device deemed suitable by the department. The owner shall also supply sufficient water for a bypass to carry fish stopped by the screen or device back to the channel from which they were diverted, and an easement for the bypass channel, but such easement shall not require the acquisition or leasing of additional lands by the owner. No water for a bypass shall be required if the channel from which the water is diverted is dry or incapable of supporting fish life below the point of diversion.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 4 - Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second › Section 6022.

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 more than 18 gallons per minute.
(b) Diversions of three cubic feet per second or more, but under 10 cubic feet per second, shall not be required to bypass more than 30 gallons per minute.
(c) Diversions of 10 cubic feet per second or more, but under 20 cubic feet per second, shall not be required to bypass more than 40 gallons per minute.
(d) Diversions of 20 cubic feet per second or over shall not be required to bypass more than one-half of 1 percent of the capacity of the diversion.
(e) Diversions built by the Government of the United States and requiring bypasses longer than one-quarter mile shall bypass such amount of water as is necessary to return fish to the permanent channel satisfactorily.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 4 - Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second › Section 6023.

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 screen, the access required, and the amount of water required for the bypass. The location of the screen may be described by the distance downstream from the intake or by another method.
(c) The notice shall be served upon the owner in duplicate.
(d) Once signed by the owner, the notice shall serve as an agreement to the installation of the screen or device, according to the terms set out in the notice.
(e) The signed agreement shall require the owner to render any assistance, other than mechanical repair or replacement of parts, necessary to keep the screen or device in satisfactory operating condition. The hiring of additional labor shall not be required for that assistance.
(Amended by Stats. 2023, Ch. 132, Sec. 118. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 4 - Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second › Section 6024.

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 after its service on him, the department may install the screen as though the agreement had been signed unless a decision of the Department of Water Resources is requested. In the event the department and the owner of the conduit cannot agree upon the type, size, mesh, or location of the screen or device, the amount of water required for a bypass, or the time within which the screen or device shall be installed, the matter shall be submitted for determination to the Department of Water Resources, whose decision thereon shall be final and conclusive. The Department of Water Resources shall render its decision within 60 days after either the department or the owner has submitted the matter in writing and requested a decision.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 4 - Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second › Section 6025.

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 running in the conduit, or to operate the conduit with the bypass closed when the screen is operating as provided in this article.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 4 - Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second › Section 6026.

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 impede the flow of water or prevent the owner from diverting the amount of water he is legally entitled to divert.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 4 - Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second › Section 6027.

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 department finds that such action will not endanger fish life.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 4 - Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second › Section 6028.

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.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 3 - Dams, Conduits, and Screens › ARTICLE 5 - Diversion of Water From Streams › Section 6100.

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 new diversion of water from any stream having populations of salmon and steelhead that is determined by the department to be deleterious to salmon and steelhead shall be screened by the owner.
(b) The construction, operation, or maintenance costs of any screen required pursuant to this article shall be borne by the owner of the diversion.
(c) If the department has determined that a diversion is deleterious to salmon and steelhead pursuant to subdivision (a), it shall provide written notice of its determination to the owner.
(d) The department shall notify the owner that the department shall make onsite investigation and shall make any other investigation before it shall propose any measures necessary to protect fishlife.
(e) Within 30 days of providing notice under this section, or within a time determined by mutual written agreement, the department shall submit to the owner its proposals as to measures necessary to protect the salmon and steelhead.
(f) The department, or any agency of the state, shall provide the owner of the diversion any available information that is required by the owner in order to comply with the provisions of this article.
(g) The diversion shall not commence until the department has determined that measures necessary to protect fishlife have been incorporated into the plans and construction of the diversion.
(Amended by Stats. 2023, Ch. 132, Sec. 119. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 4 - Infected or Diseased Fish › Section 6300.

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 activities governed by Division 12 (commencing with Section 15000).
(Amended by Stats. 1982, Ch. 1486, Sec. 12.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 4 - Infected or Diseased Fish › Section 6301.

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, transported, or stored, for the purpose of making a regulatory inspection to ascertain whether those fish, amphibians, or aquatic plants are infected, diseased, or parasitized, or to determine if aquaculture products are being or have been legally imported, transported, or possessed.
(Amended by Stats. 2007, Ch. 285, Sec. 108. Effective January 1, 2008.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 4 - Infected or Diseased Fish › Section 6302.

6302. Except as otherwise provided in Division 12 (commencing with Section 15000), all fish, amphibia, or aquatic plants found to be infected, diseased, or parasitized are a public nuisance and shall be summarily destroyed by the department.
(Amended by Stats. 1982, Ch. 1486, Sec. 13.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 4 - Infected or Diseased Fish › Section 6303.

6303. All fish, amphibia, or aquatic plants which the department determines are merely deleterious to fish, amphibia, aquatic plants, or aquatic animal life, shall be destroyed by the department, unless the owner or person in charge of the fish, amphibia, or aquatic plants ships them out of the State within a period of time to be specified by the department.
(Amended by Stats. 1961, Ch. 1150.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 4 - Infected or Diseased Fish › Section 6304.

6304. If the department finds any infected, diseased, or parasitized fish, amphibia, or aquatic plants within this State, the department shall post notices describing, as nearly as possible, the boundaries of the area within which the fish, amphibia, or aquatic plants are found, and shall state the period during which the taking, carrying, and transportation of the fish, amphibia, or aquatic plants from the area shall be unlawful. The fact of posting the notices shall be published once a week for four successive weeks in some newspaper of general circulation in the county in which the infected area is situated, and, if there is no such newspaper in that county, then in a newspaper of general circulation published in an adjoining county.
(Amended by Stats. 1961, Ch. 1150.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 4 - Infected or Diseased Fish › Section 6305.

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 point in this State, any infected, diseased, or parasitized fish, amphibia, or aquatic plant.
(Amended by Stats. 1961, Ch. 1150.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 4 - Infected or Diseased Fish › Section 6306.

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 person or persons importing them into this State; provided, that the department may assume such expense in the case of fish imported to provide fishing under the authority of a sport fishing license in the public waters of this State.
(Amended by Stats. 1961, Ch. 1150.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 1 - General Provisions › Section 6400.

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 aquatic plant, whether taken without or within the State, without first submitting it for inspection to, and securing the written permission of, the department.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 1 - General Provisions › Section 6400.5.

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 is first submitted for inspection to, and written permission is obtained from, the department.
(Added by Stats. 1984, Ch. 1686, Sec. 4. Effective September 30, 1984.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 1 - General Provisions › Section 6401.

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 from any registered aquaculturist, and may stock the fish in a stream or a lake.
(Amended by Stats. 1982, Ch. 1486, Sec. 15.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 1 - General Provisions › Section 6402.

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.
(Added by Stats. 1967, Ch. 424.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 1 - General Provisions › Section 6403.

6403. This chapter does not apply to activities governed by Division 12 (commencing with Section 15000).
(Added by Stats. 1982, Ch. 1486, Sec. 15.1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 1 - General Provisions › Section 6404.

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 department’s intended plans for fish plants and that the department’s execution of these plans is not guaranteed.
(b) The department, before January 1 of each year, shall make an updated Annual Provisional Stocking Document publicly available on the department’s internet website.
(c) The department, as part of the document required pursuant to subdivision (b), shall include a disclaimer stating that these fish plants are not completely certain to occur as planned. The disclaimer shall include a statement that the department may not be able to adhere to the provisional stocking dates and places due to various unforeseen conditions, including, but not limited to, weather, disease, staffing, and funding. The disclaimer shall also include a statement referring the public to the Fish Planting Schedule on the department’s internet website for more up-to-date and accurate information about fish plants.
(d) As used in this section, the “Annual Provisional Stocking Document,” also known as the “Provisional Fish Release Plans for the Current Fiscal Year,” means a document used by the department that contains conditional or provisional plans for freshwater fish plants.
(Added by Stats. 2023, Ch. 181, Sec. 1. (SB 579) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 2 - Artificial Reefs › Section 6420.

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 and commercial fishing industry.
(b) Efforts to enhance these species through the placement of artificial reefs need to be investigated.
(c) A program of artificial reef research and development, including reef design, placement, and monitoring, is in the public interest and can best be accomplished under the administration of the department with the cooperation and assistance of the University of California, the California State University, other established, appropriate academic institutions, and other organizations with demonstrated expertise in the field.
(d) A state artificial reef research and construction program under the administration of the department is necessary to coordinate ongoing studies and construction of artificial reefs in waters of the state.
(Amended by Stats. 1999, Ch. 83, Sec. 55. Effective January 1, 2000.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 2 - Artificial Reefs › Section 6421.

6421. For purposes of this article, the following terms have the following meaning:
(a) “Artificial reef” means manmade or natural objects intentionally placed in selected areas of the marine environment to duplicate those conditions that induce production of fish and invertebrates on natural reefs and rough bottoms, and that stimulate the growth of kelp or other midwater plant life which creates natural habitat for those species.
(b) “Production” means increases in the biomass of a species or number of species.
(c) “Program” means the California Artificial Reef Program.
(Added by Stats. 1985, Ch. 1103, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 2 - Artificial Reefs › Section 6422.

6422. The department shall administer the California Artificial Reef Program.
(Added by Stats. 1985, Ch. 1103, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 2 - Artificial Reefs › Section 6423.

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 reefs placed by the program to determine the design criteria needed to construct artificial reefs capable of increasing fish and invertebrate production in waters of the state.
(c) A determination of the requirements for reef siting and placement.
(Added by Stats. 1985, Ch. 1103, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 2 - Artificial Reefs › Section 6424.

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 guidelines.
(Added by Stats. 1985, Ch. 1103, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 6 - FISH › PART 1 - GENERALLY › CHAPTER 5 - Fish Planting and Propagation › ARTICLE 2 - Artificial Reefs › Section 6425.

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 year.
(b) It is the intent of the Legislature that future sources of funding for the program may include, but are not limited to, the Fish and Game Preservation Fund, the California Environmental License Plate Fund, the Wildlife Restoration Fund, recreational bond act funds, federal grants-in-aid, county fish and game propagation funds, and private donations.
(Added by Stats. 1985, Ch. 1103, Sec. 1.)
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 6440.

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 chemical control but that the threat that grass carp pose to aquatic habitat may outweigh its benefits. It is the intent of this section to allow the department to use its management authority to provide for the long-term health of the ecosystem in the state, including the aquatic ecosystem, and, in that context, manage grass carp either through control of movement, eradication of populations, acquisition of habitat, and any other action that the department finds will maintain the biological diversity and the long term, overall health of the state’s environment. The department shall undertake the management of grass carp in a manner that is consistent with provisions of this code, and, for the purposes of this section, the department shall define management as handling, controlling, destroying, or moving species. The Legislature does not intend for this section to provide a right for the use of triploid grass carp if the department finds that use of the species poses an unacceptable risk to the state’s existing ecosystem.
(Amended by Stats. 2016, Ch. 86, Sec. 136. (SB 1171) Effective January 1, 2017.)
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 6450.

6450. The department shall adopt regulations that provide for the control of aquatic plant pests using artificially introduced triploid grass carp under a permit issued by the department. The regulations shall do all of the following:
(a) Restrict triploid grass carp introductions to those triploid grass carp that have been rendered sterile immediately after the eggs have been fertilized.
(b) Require individual fish to be checked to ensure that a third, triploid, set of chromosomes has been retained, preventing further reproduction by that individual fish.
(c) Limit aquatic plant pest control programs using triploid grass carp to the use of sterile triploid grass carp with documented certification of triploidy to ensure sterility.
(d) Require the identification by tagging of individual fish as the property of each owner.
(e) Require the posting of notices at stocked bodies of water declaring the penalties for removing triploid grass carp.
(f) Limit the permits for the use of triploid grass carp in waters on golf courses located in residential areas to those waters that are determined by the department to be secure from the removal of triploid grass carp to unauthorized waters.
(g) Provide for management of the triploid grass carp populations in a manner consistent with the provisions of this code where the department finds that such actions will benefit the long-term health of the state’s biodiversity as a whole.
(h) Until January 1, 1999, the regulations shall not authorize the issuance of permits for the use of triploid grass carp in waters located within condominium areas of any residential area for which a permit may not be issued pursuant to subdivision (f) except at three locations within the area authorized pursuant to this subdivision. The three locations shall be selected by the department in consultation with the Imperial Irrigation District. The limitation to three locations is necessary to enable monitoring of human-induced movement of triploid grass carp to unauthorized waters and to permit the evaluation of the impact of the experiment.
(Amended by Stats. 2001, Ch. 745, Sec. 56. Effective October 12, 2001.)
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 6451.

6451. All providers of triploid grass carp for use under this article shall provide certification acceptable to the department of triploidy and disease-free conditions for all fish introduced.
(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 6452.

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 by the department, including, but not limited to, the following:
(a) The type of waterway to be stocked.
(b) The site has no connections to adjacent fresh water systems.
(c) All aquatic plant management problems, including, but not limited to, the following:
(1) The acres of aquatic plants, by species, at the peak of growing season.
(2) The desired vegetation quantity or coverage.
(3) The number and size of triploid grass carp recommended.
(4) All sensitive plant or animal species within the waterway to be stocked and any connected waterways.
(Added by Stats. 1995, Ch. 249, Sec. 2. Effective January 1, 1996.)