Article 5. Private Nonprofit Hatcheries of California Fish And Game Code >> Division 2. >> Chapter 3. >> Article 5.
The commission may issue a permit, subject to such
restrictions and regulations as the commission deems desirable, to a
nonprofit organization to construct and operate an anadromous fish
The commission shall not issue a permit unless it determines
the nonprofit organization has the financial capability to
successfully construct and operate the hatchery and will diligently
and properly conduct the operation authorized under the permit.
No permit will be issued which may tend to deplete the
natural runs of anadromous fish, result in waste or deterioration of
fish, or when the proposed operation is located on a stream or river
below a state or federal fish hatchery or egg-taking station.
All fish handled under authority of this article during the
time they are in the hatchery or in the wild are the property of the
state and when in the wild may be taken under the authority of a
sport or commercial fishing license as otherwise authorized for wild
Any permit granted by the commission pursuant to this article
shall contain all of the following conditions:
(a) If after a hearing the commission finds that the operation
described in the permit and conducted pursuant to this article is not
in the best public interest, the commission may alter the conditions
of the permit to mitigate the adverse effects, or may cause an
orderly termination of the operation under the permit. An orderly
termination shall not exceed a three-year period and shall culminate
in the revocation of the permit in its entirety.
(b) If the commission finds that the operation has caused
deterioration of the natural run of anadromous fish in the waters
covered by the permit, it may require the permittee to return the
fishery to the same condition as was prior to issuance of the permit.
If the permittee fails to take appropriate action, the commission
may direct the department to take the action, and the permittee shall
bear any cost incurred by the department.
(c) Prior to release into state waters and at any other time
deemed necessary by the department, the fish may be examined by the
department to determine that they are not diseased or infected with
any disease which, in the opinion of the department, may be
detrimental to the state fishery resources.
The state shall assume no responsibility for the operation of
a hatchery pursuant to this article and shall not be in any manner
liable for its operation.