This chapter shall be known and may be cited as the Keene-Nielsen Fisheries Restoration Act of 1985.
Chapter 8Fisheries Restoration
Section § 2760
This section designates the chapter as the "Keene-Nielsen Fisheries Restoration Act of 1985," which is a title used for referencing the law.
Keene-Nielsen Fisheries Restoration 1985 Act California fisheries environmental conservation fish populations aquatic habitats restoration programs fisheries protection wildlife management sustainable fishing marine ecosystems habitat restoration fisheries policy ecological health
Section § 2761
California lawmakers recognize that development projects have harmed fish and wildlife in both inland and coastal waters. Such projects, particularly water developments, have disrupted natural water flows, harming habitats and migration routes for fish. Fish and wildlife are considered valuable public resources for their economic, environmental, and recreational benefits.
The state is committed to preventing further declines, restoring these populations to historic levels, and improving habitats, focusing on salmon and steelhead trout. Enhancing these fish populations is seen as beneficial for the state's economy and employment, especially in rural areas. To achieve this, California intends to implement the Salmon, Steelhead Trout, and Anadromous Fisheries Program aimed at doubling these fish resources.
The Legislature finds and declares as follows:
(a)CA Fish and Game Code § 2761(a) Many of California’s significant fish and wildlife resources in inland and coastal waters have declined as the result of many development projects which have provided valuable economic growth.
(b)CA Fish and Game Code § 2761(b) Fish and wildlife have been adversely affected by water developments that have significantly altered water flows in many of California’s rivers and streams, thereby affecting fish and wildlife, their habitat, adjacent riparian habitat, spawning areas, and migration routes.
(c)CA Fish and Game Code § 2761(c) Fish and wildlife are important public resources with significant economical, environmental, recreational, aesthetic, and educational values.
(d)CA Fish and Game Code § 2761(d) California intends to make reasonable efforts to prevent further declines in fish and wildlife, to restore fish and wildlife to historic levels where possible, and to enhance fish and wildlife resources where possible.
(e)CA Fish and Game Code § 2761(e) Protection of, and an increase in, the naturally spawning salmon and steelhead trout resources of the state would provide a valuable public resource to the residents, a large statewide economic benefit, and would, in addition, provide employment opportunities not otherwise available to the citizens of this state, particularly in rural areas of underemployment.
(f)CA Fish and Game Code § 2761(f) The protection of, and increase in, the naturally spawning salmon and steelhead trout resources of the state should be accomplished primarily through the improvement of stream habitat.
(g)CA Fish and Game Code § 2761(g) The Salmon, Steelhead Trout, and Anadromous Fisheries Program Act (Ch. 8 (commencing with Sec. 6900), Pt. 1, Div. 6), declares that it is the policy of the state to increase the state’s salmon and steelhead trout resources, and directs the department to develop a plan and program that strives to double the salmon and steelhead trout resources.
fish and wildlife decline inland water resources coastal water resources water development impact natural water flows fish habitats migration routes public resources economic benefit salmon and steelhead trout stream habitat improvement anadromous fisheries employment opportunities rural employment Salmon Steelhead Trout and Anadromous Fisheries Program Act
Section § 2762
The Fisheries Restoration Account is a fund set up to support projects aimed at restoring fishery resources and their habitats in California. These projects focus on areas damaged by past water developments and are guided by the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act. Money from this account can't be used for projects without notifying key legislative committees 30 days prior, and no land can be taken by eminent domain for these projects.
Priority is given to projects that create jobs for those affected by reduced fishing seasons due to federal regulations. The Department of Fish and Wildlife must evaluate each project's impact before and after it is implemented and cannot use more than 5% of funds for project administration. They must also review all projects in the final funding year to ensure they are meeting specified goals, including boosting salmon and steelhead trout populations.
(a)CA Fish and Game Code § 2762(a) The Fisheries Restoration Account is hereby created in the Fish and Game Preservation Fund. The moneys in the Fisheries Restoration Account are hereby appropriated to the department for expenditure in fiscal years 1991–92 to 1993–94, inclusive, pursuant to subdivision (b).
(b)CA Fish and Game Code § 2762(b) The moneys in the Fisheries Restoration Account may be expended for the construction, operation, and administration of projects designated in the plan developed by the department in accordance with the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act (Ch. 8 (commencing with Sec. 6900), Pt. 1, Div. 6), and projects designed to restore and maintain fishery resources and their habitat that have been damaged by past water diversions and projects and other development activities. Expenditures shall not be authorized for a project to be funded under this subdivision before a date which is 30 days after the department has furnished a copy of the proposal for the project to be funded, together with supporting descriptions, to the Joint Committee on Fisheries and Aquaculture and to the Joint Legislative Budget Committee. These projects shall have as their primary objective the restoration of fishery resources identified in the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act. Projects may include, but shall not be limited to, watershed assessments, fisheries restoration planning, acquisition of lands, restoration of habitat, restoration or creation of spawning areas, construction of fish screens or fish ladders, stream rehabilitation, and installation of pollution control facilities. Projects for restoration or creation of spawning areas shall utilize natural spawning rather than hatcheries to the extent possible.
Under no circumstances shall any water project be absolved under this subdivision of any mitigation requirements which are placed upon it under existing law.
No land shall be acquired pursuant to this chapter by eminent domain proceedings.
(c)CA Fish and Game Code § 2762(c) Priority for funding shall be given to projects that employ fishermen, fish processing workers, and others who are unemployed or underemployed due to the elimination of a commercial fishing season as a result of restrictions imposed by federal regulations. This priority shall remain in effect only as long as those restrictions are in force.
(d)CA Fish and Game Code § 2762(d) Expenditures shall not be authorized for multiyear projects funded under subdivision (b) before a date which is 30 days after the department has submitted an annual progress report on the project and a copy of the work schedule for subsequent year funding of the project to the Joint Committee on Fisheries and Aquaculture and to the Joint Legislative Budget Committee.
(e)CA Fish and Game Code § 2762(e) The department shall conduct a preproject and postproject evaluation on each project recommended in the plan and program developed by the department in accordance with the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act for which money has been appropriated from the Fisheries Restoration Account.
(f)CA Fish and Game Code § 2762(f) The department may expend not more than 5 percent of the funds annually appropriated from the Fisheries Restoration Account for the administration of projects.
(g)CA Fish and Game Code § 2762(g) The department may contract for services for the purpose of conducting a preproject and postproject evaluation or for the administration of projects.
(h)CA Fish and Game Code § 2762(h) The department shall, during the last fiscal year of funding, conduct a review of all previous and ongoing projects to determine if the elements of the plan and program developed by the department pursuant to the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act are being met, including the goal of doubling the 1988 population of salmon and steelhead trout, as declared in Section 6902.
Fisheries Restoration Account fishery resources habitat restoration Salmon Steelhead Act water diversions legislative notification eminent domain job creation fishing regulations project evaluation administrative costs funding priorities annual progress report spawning areas population goals
Section § 2762.2
The department can give contractors an early payment of up to 50% of the total contract amount for fishery restoration projects. However, this is only allowed if the contractor has a good track record with previous projects, uses proper accounting methods, and shows that getting some money upfront will make the project more efficient and cost-effective.
The department may advance partial finding, of up to 50 percent of the amount contracted for, to contractors for projects under subdivision (b) of Section 2762 if the director finds the organization meets all of the following requirements:
(1)CA Fish and Game Code § 2762.2(1) It has a previously demonstrated record of successfully completing one or more fishery restoration projects funded under contract with the department.
(2)CA Fish and Game Code § 2762.2(2) It utilizes generally accepted accounting procedures.
(3)CA Fish and Game Code § 2762.2(3) It demonstrates that the project can be accomplished more efficiently and economically with partial funding advanced at the initiation of the project.
advance payment partial funding fishery restoration contractor requirements efficient project execution economic project completion successful project history accepted accounting practices project funding criteria upfront payment benefits
Section § 2762.5
This section allows the money in the Fisheries Restoration Account to be used, if approved by the state legislature, to cover the administrative expenses of the Advisory Committee on Salmon and Steelhead Trout.
In addition to subdivision (b) of Section 2762, the moneys in the Fisheries Restoration Account may be expended, upon appropriation by the Legislature, by the department to fund the administrative costs of the Advisory Committee on Salmon and Steelhead Trout.
Fisheries Restoration Account administrative costs Advisory Committee on Salmon and Steelhead Trout legislature appropriation funding state funding approval California fisheries salmon preservation steelhead trout conservation government funding allocation conservation committee funding fishery management environmental funding legislative process natural resources administration
Section § 2762.6
The department is responsible for deciding how much money is needed from a specific fund, related to cigarette and tobacco tax, to cover the costs of the Advisory Committee on Salmon and Steelhead Trout. They will do this after consulting with the committee itself.
The department shall, after consultation with the Advisory Committee on Salmon and Steelhead Trout, allocate that amount of moneys appropriated to the department from the Public Resources Account in the Cigarette and Tobacco Products Surtax Fund which the department determines to be necessary to pay the costs for the advisory committee.
Salmon and Steelhead Trout advisory Public Resources Account Cigarette and Tobacco Products Surtax Fund fund allocation advisory committee costs consultation process fisheries management environmental funding tobacco tax revenue use California Department of Fish and Wildlife
Section § 2763
This section requires the director to collaborate with various California state agencies, including those focused on resources, water management, coastal conservation, and development, to decide on which projects should receive funding based on the criteria in Section 2762.
The director shall consult with the Resources Agency, the Department of Water Resources, the State Water Resources Control Board, the State Coastal Conservancy, the San Francisco Bay Conservation and Development Commission, and the California Coastal Commission in determining projects proposed for funding pursuant to Section 2762.
project funding director consultation Resources Agency Department of Water Resources State Water Resources Control Board State Coastal Conservancy San Francisco Bay Conservation California Coastal Commission project selection funding determination
Section § 2764
The director must work with other state agencies and fishery advisory committees to plan projects for funding. This includes consulting specific groups focused on salmon, steelhead trout, and striped bass.
The director shall consult with other responsible state agencies and appropriate fishery advisory committees, including, but not limited to, the Advisory Committee on Salmon and Steelhead Trout and the Striped Bass Stamp Advisory Committee, in developing projects to be funded pursuant to Section 2762.
director collaboration state agencies consultation fishery advisory committees project development funding projects salmon advisory committee steelhead trout advisory striped bass management advisory committee collaboration fishery management state collaboration environmental projects fishery projects inter-agency consultation
Section § 2765
The California Water Commission has a role in advising the U.S. Congress on funding for water projects. When they do this, they must include ideas for studies, programs, and facilities to fix problems with fish and wildlife caused by federal water projects.
This includes specific sites like the Red Bluff Dam, Trinity and Lewiston Dams, and protections for areas like the Suisun Marsh and the Sacramento-San Joaquin Delta from poor water quality due to the federal Central Valley Project.
It also covers the Kesterson Reservoir and the San Luis Drain.
The California Water Commission, in any recommendation it may make to the Congress of the United States on funding for water projects, shall include recommendations for studies, programs, and facilities necessary to correct fish and wildlife problems caused, fully or partially, by federal water facilities and operation, including, but not limited to, all of the following:
(a)CA Fish and Game Code § 2765(a) The Red Bluff Dam.
(b)CA Fish and Game Code § 2765(b) The Trinity and Lewiston Dams.
(c)CA Fish and Game Code § 2765(c) The facilities necessary to protect wildlife areas in the Suisun Marsh and the Sacramento-San Joaquin Delta from adverse water quality effects caused by the federal Central Valley Project.
(d)CA Fish and Game Code § 2765(d) The Kesterson Reservoir and the San Luis Drain.
California Water Commission federal water facilities fish and wildlife problems Red Bluff Dam Trinity Dam Lewiston Dam Suisun Marsh Sacramento-San Joaquin Delta Central Valley Project poor water quality Kesterson Reservoir San Luis Drain environmental protection conservation studies wildlife areas
