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California Fish And Game Code Section 13007

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(a) Notwithstanding Section 13001 and paragraph (1) of
subdivision (a) of Section 13005, commencing July 1, 2006, 331/3
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, upon appropriation by the Legislature, to support
programs of the Department of Fish and Game related to the
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 sport fishing license fees collected and subject to
appropriation pursuant to subdivision (a) shall be used for the
following purposes:
   (1) For the department's attainment of the following production
goals for state hatcheries, 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.
   (A) By July 1, 2007, a minimum of 2.25 pounds of released trout
per sport fishing license sold in 2006, 1.75 pounds of which must be
of catchable size or larger.
   (B) By July 1, 2008, a minimum of 2.5 pounds of released trout per
sport fishing license sold in 2007, 2.0 pounds of which must be of
catchable size or larger.
   (C) By July 1, 2009, and thereafter, a minimum of 2.75 pounds of
released trout per sport fishing license sold in 2008, 2.25 pounds of
which must be of catchable size or larger.
   (D) The department shall attain these goals in compliance with
Fish and Game Commission trout policies concerning catchable-sized
trout stocking.
   (2) To the Heritage and Wild Trout Program, two million dollars
($2,000,000), which shall be used for permanent positions and
seasonal aides in each region of the state as necessary, and other
activities necessary to the program.
   (A) The funds allocated pursuant to this paragraph shall be used
to fund seven new positions for the Heritage and Wild Trout Program.

   (B) In addition to the seven new positions specified in
subparagraph (A), the department may hire seasonal aides in each
region of the state to assist with the operations of the Heritage and
Wild Trout Program.
   (3) The department shall, by January 1, 2012, 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. Native trout produced
may be released into watersheds other than their original source
watershed only if the released trout will cause no harm to other
native trout in their original watersheds. The department shall
attain the 25 percent production goal according to the following
schedule:
   (A) By January 1, 2010, 15 percent and at least four species.
   (B) By January 1, 2011, 20 percent and at least four species.
   (C) By January 1, 2012, 25 percent and at least five species.
   (4) 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
(3) 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 Theme 1 in the executive summary of the
department's Strategic Plan for Trout Management, published November
2003.
   (f) The department, by July 1, 2008, and annually thereafter,
shall report to the fiscal and policy committees in the Legislature
on the implementation of these provisions.

Last modified: January 12, 2009