State Fish Hatcheries

Division 2, Chapter 3, Article 3 of the Fish and Game Code deals with powers and duties of state fish hatcheries in California.

Section 1120 requires the commission to establish fish hatcheries for stocking the waters of this State with fish. The department is required to maintain and operate these hatcheries.

Section 1121 provides that, 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.

Section 1122 requires any claim for damages arising against the state to be presented to the Department of General Services.

Section 1122.5 authorizes the Director of General Services, with the consent of the department, to 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, or any part of the hatchery, situated in the County of Inyo.

Section 1122.6 authorizes the Director of General Services, with the consent of the department, to lease to the Mt. Shasta Museum Association 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, a portion of the Mount Shasta Fish Hatchery.

Section 1123 authorizes the department to purchase and import spawn or ova of fish suitable for food, and stock with such spawn or ova the waters of this State.

Section 1123.5 provides that all funds allocated for fish purchases for the department’s urban fishing program are 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 two specified conditions exists.

Section 1124 makes it 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 conserving fish.

Section 1125 allows the Secretary of the Interior of the United States and his duly authorized agents to conduct fish cultural operations and scientific investigations in the waters of this State in a manner and at times as may be jointly considered necessary and proper by the secretary and his agents, and the commission.