Winter Rice Incentive Program

Article 7.5 of Chapter 2 of Part 1 of Division 4 of the Fish and Game Code contains the California Winter Rice Habitat Incentive Program.

Section 3469 established the California Winter Rice Habitat Incentive Program subject to the requirements of this article. The director may enter into contracts with nonpublic entities that are owners of record or with lessees of productive agricultural rice lands that are winter flooded and that are determined by the director to be important for the conservation of waterfowl. The contract must enforceably restrict the use of the land for the conservation of waterfowl and their habitat in a manner that allows for the use of the land for rice farming consistent with Section 8 of Article XIII of the California Constitution.

The director has to give priority to contracts that have the greatest potential for restoring, enhancing, and protecting high-quality waterfowl habitat, especially that subject to destruction, drastic modification, or significant curtailment of habitat values. The director may give priority to contracts that provide additional environmental cobenefits, including cobenefits to species such as fish or snakes. The term “productive agricultural rice lands that are winter flooded” is defined.

Section 3469.2 requires each contract to be for an initial term of three years and include eight specified items.

Section 3469.4 provides that, if during the contract period the owner or lessee is divested of the use of the waterfowl habitat subject to the contract, the owner or lessee is required to notify the department concurrent with that divestment.

Section 3469.6 allows the director and the owner or lessee to mutually agree to modify the terms and conditions of a contract under this article as the director may determine to be desirable to carry out the purposes of, or to facilitate administration of, the program.

Section 3469.8 created the California Winter Rice Habitat Incentive Program Account in the Fish and Game Preservation Fund. Funds deposited in the California Winter Rice Habitat Incentive Program Account are made available for expenditure, upon appropriation by the Legislature, to the department.