13007
. (a) Notwithstanding Section 13001 and paragraph (1) of
subdivision (a) of Section 13005, commencing July 1, 2006, 33 1/3
percent of all sport fishing license fees collected pursuant to
Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of
Division 6, except license fees collected pursuant to Section 7149.8,
shall be deposited into the Hatchery and Inland Fisheries Fund,
which is hereby established in the State Treasury. Moneys in the fund
may be expended, consistent with the Strategic Plan for Trout
Management and Chapter 7.2 (commencing with Section 1725) of Division
2, and, upon appropriation by the Legislature, to support programs
of the department related to management, maintenance, and capital
improvement of California's fish hatcheries, the Heritage and Wild
Trout program, and enforcement activities related thereto, and to
support other activities eligible to be funded from revenue generated
by sport fishing license fees.
(b) The department shall use sport fishing license fees collected
and subject to appropriation pursuant to subdivision (a) for the
following purposes:
(1) For the department's attainment of a state hatchery production
goal of 2.75 pounds of released trout per sport fishing license sold
in the calendar year ending two and one-half years earlier, based on
the sales of the following types of sport fishing licenses:
resident; lifetime; nonresident year; nonresident, 10-day; 2-day;
1-day; and reduced fee. The predominant number of released fish shall
be of catchable size or larger. The department shall attain this
goal in compliance with Fish and Game Commission trout policies
concerning catchable-sized trout stocking, the Strategic Plan for
Trout Management, and Chapter 7.2 (commencing with Section 1725) of
Division 2.
(2) To the Heritage and Wild Trout Program, at least two million
dollars ($2,000,000), for the following purposes:
(A) At least seven new permanent positions for the Heritage and
Wild Trout Program.
(B) Permanent positions and seasonal aides in each region of the
state as necessary to contribute to the objectives of this section,
the objectives of the Strategic Plan for Trout Management pursuant to
Section 1728, and other activities necessary to the program.
(C) The development of trout management plans pursuant to Chapter
7.2 (commencing with Section 1725) of Division 2.
(D) The department may expend up to 25 percent of the funds made
available to the Heritage and Wild Trout Program for watershed
restoration projects, resource assessment, or scientific inquiry. The
department may enter into contracts with qualified entities
including local governments, special districts, tribes, and nonprofit
organizations for the purposes of this subparagraph.
(3) For the development of the department's Strategic Plan for
Trout Management pursuant to Section 1728.
(4) The department shall ensure that the numbers of native
California trout, as defined in Section 7261, produced are sufficient
to equal or exceed 25 percent of the numbers of trout produced by
the state fish hatcheries to comply with paragraph (1). The native
trout produced in accordance with this paragraph shall support
department efforts to protect and restore cold water ecosystems,
maintain biological diversity, and provide diverse angling
opportunities. Coastal rainbow trout/steelhead produced for
anadromous mitigation purposes shall be excluded from contributing to
the native trout production goals required by this paragraph.
Coastal rainbow trout/steelhead propagated for purposes other than
anadromous mitigation and released into their source watersheds may
be counted toward the 25 percent native trout production goal. Native
trout produced shall be naturally indigenous stocks from their
original source watersheds. The department may release native trout
produced into watersheds other than their original source watershed
only if the released trout will cause no harm to other native trout
or other biota in their original watersheds.
(5) The department may hire additional staff for state fish
hatcheries, in order to comply with this subdivision.
(c) The department may allocate any funds under this section, not
necessary to maintain the minimums specified in paragraphs (1) and
(4) of subdivision (b), and after the expenditure in paragraph (2) of
subdivision (b), to the Fish and Game Preservation Fund.
(d) The department may utilize federal funds to meet the funding
formula specified in subdivision (a) if those funds are otherwise
legally available for this purpose.
(e) A portion of the moneys subject to appropriation pursuant to
subdivision (a) may be used for the purpose of obtaining
scientifically valid genetic determinations of California native
trout stocks, consistent with the department's Strategic Plan for
Trout Management.
(f) On an annual basis, the department shall invest in hatchery
facility improvements and rehabilitation to ensure progress towards
achievement of the hatchery fish production targets established
pursuant to this section.
(g) Beginning January 1, 2015, the department may obtain
hatchery-produced fish from any California-based hatchery if all of
the following criteria are satisfied:
(1) The goal specified in subdivision (b) is unmet.
(2) The department, following an inspection, determines that the
California hatchery is in compliance with operations, management, and
monitoring standards that are as stringent as those in effect at
state hatcheries, in order to minimize the risk of the spread of
disease or invasive species into inland state waters and fisheries.
(3) The cost per fish or per pound of fish provided by the
California hatchery shall not exceed the cost to the department of
state hatchery fish calculated equivalently and including
transportation costs.