Article 3. State Fish Hatcheries of California Fish And Game Code >> Division 2. >> Chapter 3. >> Article 3.
The commission shall establish fish hatcheries for stocking
the waters of this State with fish. The department shall maintain and
operate such hatcheries.
In any lease entered into whereby the state leases from any
county, city, irrigation district, or other public agency in this
state, real property for the purpose of establishing or maintaining a
fish hatchery, the state may agree to indemnify and hold harmless
the lessor by reason of the uses authorized by such lease. Insurance
may be purchased by the Department of General Services to protect the
state against loss or expense arising out of such an agreement.
Any claim for damages arising against the state under Section
1121 shall be presented to the California Victim Compensation and
Government Claims Board in accordance with Section 905.2 of the
Government Code, and if not covered by insurance provided pursuant to
Section 1121, the claim shall be payable only out of funds
appropriated by the Legislature for that purpose. If the state elects
to insure its liability under Section 1121, the California Victim
Compensation and Government Claims Board may automatically deny the
Notwithstanding any other provision of law, the Director of
General Services, with the consent of the department, may lease to
the Friends of the Mount Whitney Hatchery, at no cost, and subject to
any other terms and conditions that the director deems appropriate,
for a term not to exceed 25 years, and with the possibility of
renewal, the Mount Whitney Fish Hatchery facilities, or any portion
thereof, situated in the County of Inyo. The leased portion of the
building shall be used for environmental education purposes and other
related activities designed to benefit the hatchery and the
community. The lease shall require the Friends of the Mount Whitney
Fish Hatchery to permit reasonable public access to the facility, to
obtain and maintain liability insurance for the leased portion of the
facility, and to maintain the leased portion of the facility at all
times. The lease shall provide that any work done on the facility
shall be performed in consultation with the State Office of Historic
Preservation. The lease shall also provide that the state, agents of
the state, the department, and agents of the department shall be held
harmless from, and indemnified against, any liability resulting from
the acts or omissions of the Friends of the Mount Whitney Fish
Hatchery performed in the course of the lease agreement.
The department may purchase and import spawn or ova of fish
suitable for food, and stock with such spawn or ova the waters of
Notwithstanding Section 1120 or any other provision of law,
all funds allocated for fish purchases for the department's urban
fishing program shall be used to purchase all fish and aquatic
organisms by contract, pursuant to the requirements of the Public
Contract Code, from private registered aquaculture facilities within
the state unless the department determines one of the following
(a) After reasonable notice, the private facilities are unable to
provide the specified fish or aquatic organism.
(b) The fish or aquatic organism is infected or diseased.
It is unlawful to take any fish in any pond, reservoir, or
other water-retaining structure belonging to or controlled by the
department and used for propagating, raising, holding, protecting, or
The Secretary of the Interior of the United States and his
duly authorized agents may conduct fish cultural operations and
scientific investigations in the waters of this State in such a
manner and at such times as may be jointly considered necessary and
proper by the secretary and his agents, and the commission.
Notwithstanding any other provision of law, department
personnel may construct or repair bird exclosures at state owned or
operated fish hatcheries. These activities shall not be subject to
review by the Public Works Board. Nothing in this section exempts the
department from complying with any provision of law governing
services performed under contract by noncivil service employees.