Section § 5650

Explanation

It's illegal to allow harmful materials, like oil or chemicals, to enter California waters, unless specifically permitted by water quality authorities. Violations have exceptions if the discharge meets legal reporting rules, doesn't reach state waters, and is quickly handled. However, these exceptions don't apply for cannabis-related violations, repeat offenders, or willful actions.

(a)CA Fish And Game Code § 5650(a) Except as provided in subdivision (b), it is unlawful to deposit in, permit to pass into, or place where it can pass into the waters of this state any of the following:
(1)CA Fish And Game Code § 5650(a)(1) Any petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum, or carbonaceous material or substance.
(2)CA Fish And Game Code § 5650(a)(2) Any refuse, liquid or solid, from any refinery, gas house, tannery, distillery, chemical works, mill, or factory of any kind.
(3)CA Fish And Game Code § 5650(a)(3) Any sawdust, shavings, slabs, or edgings.
(4)CA Fish And Game Code § 5650(a)(4) Any factory refuse, lime, or slag.
(5)CA Fish And Game Code § 5650(a)(5) Any cocculus indicus.
(6)CA Fish And Game Code § 5650(a)(6) Any substance or material deleterious to fish, plant life, mammals, or bird life.
(b)CA Fish And Game Code § 5650(b) This section does not apply to a discharge or a release that is expressly authorized pursuant to, and in compliance with, the terms and conditions of a waste discharge requirement pursuant to Section 13263 of the Water Code or a waiver issued pursuant to subdivision (a) of Section 13269 of the Water Code issued by the State Water Resources Control Board or a California regional water quality control board after a public hearing, or that is expressly authorized pursuant to, and in compliance with, the terms and conditions of a federal permit for which the State Water Resources Control Board or a California regional water quality control board has, after a public hearing, issued a water quality certification pursuant to Section 13160 of the Water Code. This section does not confer additional authority on the State Water Resources Control Board, a California regional water quality control board, or any other entity.
(c)CA Fish And Game Code § 5650(c) It shall be an affirmative defense to a violation of this section if the defendant proves, by a preponderance of the evidence, all of the following:
(1)CA Fish And Game Code § 5650(c)(1) The defendant complied with all applicable state and federal laws and regulations requiring that the discharge or release be reported to a government agency.
(2)CA Fish And Game Code § 5650(c)(2) The substance or material did not enter the waters of the state or a storm drain that discharges into the waters of the state.
(3)CA Fish And Game Code § 5650(c)(3) The defendant took reasonable and appropriate measures to effectively mitigate the discharge or release in a timely manner.
(d)CA Fish And Game Code § 5650(d) The affirmative defense in subdivision (c) does not apply and may not be raised in an action for civil penalties or injunctive relief pursuant to Section 5650.1, or in any other civil action that alleges a violation of this section resulting from unlicensed cannabis cultivation.
(e)CA Fish And Game Code § 5650(e) The affirmative defense in subdivision (c) does not apply and may not be raised by any defendant who has on two prior occasions in the preceding five years, in any combination within the same county in which the case is prosecuted, either pleaded nolo contendere, been convicted of a violation of this section, or suffered a judgment for a violation of this section or Section 5650.1. This subdivision shall apply only to cases filed on or after January 1, 1997.
(f)CA Fish And Game Code § 5650(f) The affirmative defense in subdivision (c) does not apply and may not be raised by the defendant in any case in which a district attorney, city attorney, or Attorney General alleges, and the court finds, that the defendant acted willfully.

Section § 5650.1

Explanation

This law states that anyone violating Section 5650 can face a civil fine of up to $25,000 per violation. These penalties are separate and can be added to other fines unless specified otherwise. When setting the penalty amount, the court considers factors like the seriousness and impact of the violation, defendant's financial situation, and any corrective actions taken.

Legal actions are typically initiated by attorneys in California on behalf of the state, and actions related to unlicensed cannabis can involve county counsel. No need to show irreparable harm when seeking injunctions—courts decide based on violation severity and impact.

Any collected penalties are split between county wildlife funds and state preservation funds. Additional fines may apply based on the volume of discharged material, with reductions for proper cleanup. However, penalties under this section and other specific government codes can't overlap for the same action.

(a)CA Fish And Game Code § 5650.1(a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.
(b)CA Fish And Game Code § 5650.1(b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j).
(c)CA Fish And Game Code § 5650.1(c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.
(d)Copy CA Fish And Game Code § 5650.1(d)
(1)Copy CA Fish And Game Code § 5650.1(d)(1) Every civil action brought under this section shall be brought by the Attorney General, district attorney, or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.
(2)CA Fish And Game Code § 5650.1(d)(2) A civil action alleging a violation resulting from unlicensed cannabis cultivation may be brought by a county counsel in the name of the people of the State of California.
(e)CA Fish And Game Code § 5650.1(e) In a civil action brought pursuant to this section in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate.
(f)CA Fish And Game Code § 5650.1(f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant.
(g)CA Fish And Game Code § 5650.1(g) The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner.
(h)CA Fish And Game Code § 5650.1(h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner:
(1)CA Fish And Game Code § 5650.1(h)(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.
(2)CA Fish And Game Code § 5650.1(h)(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.
(i)CA Fish And Game Code § 5650.1(i) Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party.
(j)CA Fish And Game Code § 5650.1(j) A person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act.

Section § 5651

Explanation

If ongoing and severe pollution is identified, the department must report it to the regional water quality control board. They will then work together to fix or reduce the pollution following the board's laws on managing sewage and industrial waste.

Whenever it is determined by the department that a continuing and chronic condition of pollution exists, the department shall report that condition to the appropriate regional water quality control board, and shall cooperate with the board in obtaining correction or abatement in accordance with any laws administered by the board for the control of practices for sewage and industrial waste disposal.

Section § 5652

Explanation

This law makes it illegal to leave or discard items like cans, bottles, garbage, car parts, or dead animal bodies near or into any waters in the state. You cannot abandon vehicles in these areas either. If a vehicle is left behind, the last registered owner may be presumed responsible unless proven otherwise, and they may have to pay for its removal. Property owners cannot use vehicle bodies to stop streambank erosion. Exceptions are allowed for authorized disposal sites or containers routinely emptied to legal disposal points. All law enforcement officers in the state can enforce this rule.

(a)CA Fish And Game Code § 5652(a) It is unlawful to deposit, permit to pass into, or place where it can pass into the waters of the state, or to abandon, dispose of, or throw away, within 150 feet of the high water mark of the waters of the state, any cans, bottles, garbage, motor vehicle or parts thereof, rubbish, litter, refuse, waste, debris, or the viscera or carcass of any dead mammal, or the carcass of any dead bird.
(b)CA Fish And Game Code § 5652(b) The abandonment of any motor vehicle in any manner that violates this section shall constitute a rebuttable presumption affecting the burden of producing evidence that the last registered owner of record, not having complied with Section 5900 of the Vehicle Code, is responsible for that abandonment and is thereby liable for the cost of removal and disposition of the vehicle. This section prohibits the placement of a vehicle body on privately owned property along a streambank by the property owner or tenant for the purpose of preventing erosion of the streambank.
(c)CA Fish And Game Code § 5652(c) This section does not apply to a refuse disposal site that is authorized by the appropriate local agency having jurisdiction or to the depositing of those materials in a container from which the materials are routinely removed to a legal point of disposal.
(d)CA Fish And Game Code § 5652(d) This section shall be enforced by all law enforcement officers of this state.

Section § 5653

Explanation

This California law states that using vacuum or suction dredging equipment in rivers, streams, or lakes is prohibited unless you have a permit from the state. To get a permit, you need to apply and provide details about the equipment and other required documents such as water quality permits.

The Department will not issue permits until all necessary paperwork is complete, including waste discharge requirements or certifications from water boards and possibly the U.S. Army Corps of Engineers.

Permits will detail where and when dredging is allowed, and using this equipment without a permit or outside of the conditions specified in a permit is a misdemeanor.

The fees for permits may vary depending on whether you are a resident or nonresident and whether an onsite investigation is needed. Possessing a suction dredge in restricted areas is illegal, and permits do not excuse violations of other laws.

Suction dredging refers specifically to motorized systems used for mineral recovery, but non-motorized mining like gold panning is not restricted by this law.

(a)CA Fish And Game Code § 5653(a) The use of vacuum or suction dredge equipment by a person in a river, stream, or lake of this state is prohibited, except as authorized under a permit issued to that person by the department in compliance with the regulations adopted pursuant to Section 5653.9. Before a person uses vacuum or suction dredge equipment in a river, stream, or lake of this state, that person shall submit an application to the department for a permit to use the vacuum or suction dredge equipment, specifying the type and size of equipment to be used and other information as the department may require pursuant to regulations adopted by the department to implement this section.
(b)Copy CA Fish And Game Code § 5653(b)
(1)Copy CA Fish And Game Code § 5653(b)(1) The department shall not issue a permit for the use of vacuum or suction dredge equipment until the permit application is deemed complete. A complete permit application shall include any other permit required by the department and one of the following, as applicable:
(A)CA Fish And Game Code § 5653(b)(1)(A) A copy of waste discharge requirements or a waiver of waste discharge requirements issued by the State Water Resources Control Board or a regional water quality control board in accordance with Division 7 (commencing with Section 13000) of the Water Code.
(B)CA Fish And Game Code § 5653(b)(1)(B) A copy of a certification issued by the State Water Resources Control Board or a regional water quality control board and a permit issued by the United States Army Corps of Engineers in accordance with Sections 401 and 404 of the Federal Water Pollution Control Act (33 U.S.C. Secs. 1341 and 1344, respectively) to use vacuum or suction dredge equipment.
(C)CA Fish And Game Code § 5653(b)(1)(C) If the State Water Resources Control Board or the appropriate regional water quality control board determines that waste discharge requirements, a waiver of waste discharge requirements, or a certification in accordance with Section 1341 of Title 33 of the United States Code is not necessary for the applicant to use of vacuum or suction dredge equipment, a letter stating this determination signed by the Executive Director of the State Water Resources Control Board, the executive officer of the appropriate regional water quality control board, or their designee.
(c)CA Fish And Game Code § 5653(c) Under the regulations adopted pursuant to Section 5653.9, the department shall designate waters or areas wherein vacuum or suction dredge equipment may be used pursuant to a permit, waters or areas closed to the use of that equipment, the maximum size of the vacuum or suction dredge equipment that may be used, and the time of year when the equipment may be used. If the department determines, pursuant to the regulations adopted pursuant to Section 5653.9, that the use of vacuum or suction dredge equipment does not cause any significant effects to fish and wildlife, it shall issue a permit to the applicant. If a person uses vacuum or suction dredge equipment other than as authorized by a permit issued by the department consistent with regulations adopted pursuant to Section 5653.9, that person is guilty of a misdemeanor.
(d)Copy CA Fish And Game Code § 5653(d)
(1)Copy CA Fish And Game Code § 5653(d)(1) Except as provided in paragraph (2), the department shall issue a permit upon the payment, in the case of a resident, of a base fee of twenty-five dollars ($25), as adjusted under Section 713, when an onsite investigation of the project size is not deemed necessary by the department, and a base fee of one hundred thirty dollars ($130), as adjusted under Section 713, when the department deems that an onsite investigation is necessary. Except as provided in paragraph (2), in the case of a nonresident, the base fee shall be one hundred dollars ($100), as adjusted under Section 713, when an onsite investigation is not deemed necessary, and a base fee of two hundred twenty dollars ($220), as adjusted under Section 713, when an onsite investigation is deemed necessary.
(2)CA Fish And Game Code § 5653(d)(2) The department may adjust the base fees for a permit described in this subdivision to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities.
(e)CA Fish And Game Code § 5653(e) It is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges.
(f)CA Fish And Game Code § 5653(f) A permit issued by the department under this section shall not authorize an activity in violation of other applicable requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment, including those adopted by the State Water Resources Control Board or a regional water quality control board. The department, the State Water Resources Control Board, and the regional water quality control boards shall make reasonable efforts to share information among the agencies regarding potential violations of requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment.
(g)CA Fish And Game Code § 5653(g) For purposes of this section and Section 5653.1, the use of vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section and Section 5653.1 do not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold.

Section § 5653.1

Explanation

This law section covers the regulation of vacuum and suction dredge mining in California. It states that such mining is considered a project under the California Environmental Quality Act and requires an environmental impact report before permits can be issued. Until specific conditions are met, such as completing environmental reviews, updating and implementing regulations, and setting up a fee structure to cover administrative costs, the use of suction dredge equipment in rivers, streams, or lakes is banned. The law specifically relates to instream mining and does not affect nonmotorized recreational activities like gold panning or maintenance activities for infrastructure.

It clarifies that the restrictions apply only to mining purposes and not to activities governed by other state or federal laws.

(a)CA Fish And Game Code § 5653.1(a) The issuance of permits to operate vacuum or suction dredge equipment is a project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and permits may only be issued, and vacuum or suction dredge mining may only occur as authorized by any existing permit, if the department has caused to be prepared, and certified the completion of, an environmental impact report for the project pursuant to the court order and consent judgment entered in the case of Karuk Tribe of California et al. v. California Department of Fish and Game et al., Alameda County Superior Court Case No. RG 05211597.
(b)CA Fish And Game Code § 5653.1(b) Notwithstanding Section 5653, the use of any vacuum or suction dredge equipment in any river, stream, or lake of this state is prohibited until the director certifies to the Secretary of State that all of the following have occurred:
(1)CA Fish And Game Code § 5653.1(b)(1) The department has completed the environmental review of its existing suction dredge mining regulations, as ordered by the court in the case of Karuk Tribe of California et al. v. California Department of Fish and Game et al., Alameda County Superior Court Case No. RG 05211597.
(2)CA Fish And Game Code § 5653.1(b)(2) The department has transmitted for filing with the Secretary of State pursuant to Section 11343 of the Government Code, a certified copy of new regulations adopted, as necessary, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(3)CA Fish And Game Code § 5653.1(b)(3) The new regulations described in paragraph (2) are operative.
(4)CA Fish And Game Code § 5653.1(b)(4) The new regulations described in paragraph (2) fully mitigate all identified significant environmental impacts.
(5)CA Fish And Game Code § 5653.1(b)(5) A fee structure is in place that will fully cover all costs to the department related to the administration of the program.
(c)CA Fish And Game Code § 5653.1(c) The Legislature finds and declares that this section, as added during the 2009–10 Regular Session, applies solely to vacuum and suction dredging activities conducted for instream mining purposes. This section does not expand or provide new authority for the department to close or regulate suction dredging conducted for regular maintenance of energy or water supply management infrastructure, flood control, or navigational purposes governed by other state or federal law.
(d)CA Fish And Game Code § 5653.1(d) This section does not prohibit or restrict nonmotorized recreational mining activities, including panning for gold.

Section § 5653.3

Explanation

If you need a permit for dredging under Section 5653, you must show your dredging equipment for inspection whenever a state or county fish and game warden asks you to.

Any person required to possess a permit pursuant to Section 5653 shall present his or her dredging equipment for inspection upon request of a state or county fish and game warden.

Section § 5653.5

Explanation

This law clarifies that when considering dredging activities, the terms 'river,' 'stream,' or 'lake' refer specifically to the water's current level at the time of the dredging.

For purposes of Section 5653, “river, stream, or lake” means the body of water at the current water level at the time of the dredging.

Section § 5653.7

Explanation

If there is an unexpected change in water levels and it's needed to protect fish and wildlife, the department has the authority to close areas that were previously open for dredging activities, even if permits were already issued.

In the event of an unanticipated water level change, when necessary to protect fish and wildlife resources, the department may close areas that were otherwise opened for dredging and for which permits were issued pursuant to Section 5653.

Section § 5653.8

Explanation

This section clarifies that in the context of specific legal sections, the term 'person' is limited to individual human beings. It specifically excludes organizations like partnerships, corporations, or associations from being classified as a 'person.'

For purposes of Sections 5653 and 5653.3, “person” does not include a partnership, corporation, or other type of association.

Section § 5653.9

Explanation

This section requires the department to establish rules to implement Section 5653 and allows it to create rules for Sections 5653.3, 5653.5, and 5653.7. These regulations must follow specific procedures outlined in the Public Resources Code and the Government Code.

The department shall adopt regulations to carry out Section 5653 and may adopt regulations to carry out Sections 5653.3, 5653.5, and 5653.7. The regulations shall be adopted in accordance with the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 5654

Explanation

This law addresses what happens when there's an oil spill or discharge near areas where fishing or aquaculture takes place. Within 24 hours of such an incident, the area's director must close the affected waters to all fishing and put up public warnings. If the Office of Environmental Health Hazard Assessment determines there's no risk to public health, the closure isn't necessary. Within 48 hours, the director must assess the danger to both public health and fishery areas.

If there's no significant risk found, the area can be reopened without further testing. Otherwise, fish and shellfish in the closed area must be tested within seven days to check for contamination. If tests show no contamination, the area is reopened to fishing within 24 hours. The law also requires consulting with local fishing communities, and if it affects Native American tribal lands, their governments must be consulted too. Finally, the department will seek reimbursement from those responsible for the spill.

(a)Copy CA Fish And Game Code § 5654(a)
(1)Copy CA Fish And Game Code § 5654(a)(1) Notwithstanding Section 5523 and except as provided in paragraph (2), the director, within 24 hours of notification of a spill or discharge, as those terms are defined in Section 8670.3 of the Government Code, where any fishing, including all commercial, recreational, and nonlicensed subsistence fishing, may take place, or where aquaculture operations are taking place, shall close to the take of all fish and shellfish all waters in the vicinity of the spill or discharge or where the spilled or discharged material has spread, or is likely to spread. In determining where a spill or discharge is likely to spread, the director shall consult with the Administrator of the Office of Spill Prevention and Response. At the time of closure, the department shall make all reasonable efforts to notify the public of the closure, including notification to commercial and recreational fishing organizations, and posting of warnings on public piers and other locations where subsistence fishing is known to occur. The department shall coordinate, when possible, with local and regional agencies and organizations to expedite public notification.
(2)CA Fish And Game Code § 5654(a)(2) Closure pursuant to paragraph (1) is not required if, within 24 hours of notification of a spill or discharge, the Office of Environmental Health Hazard Assessment finds that a public health threat does not or is unlikely to exist.
(b)CA Fish And Game Code § 5654(b) Within 48 hours of notification of a spill or discharge subject to subdivision (a), the director, in consultation with the Office of Environmental Health Hazard Assessment, shall make an assessment and determine all of the following:
(1)CA Fish And Game Code § 5654(b)(1) The danger posed to the public from fishing in the area where the spill or discharge occurred or spread, and the danger of consuming fish taken in the area where the spill or discharge occurred or spread.
(2)CA Fish And Game Code § 5654(b)(2) Whether the areas closed for the take of fish or shellfish should be expanded to prevent any potential take or consumption of any fish or shellfish that may have been contaminated by the spill or discharge.
(3)CA Fish And Game Code § 5654(b)(3) The likely period for maintaining a closure on the take of fish and shellfish in order to prevent any possible contaminated fish or shellfish from being taken or consumed or other threats to human health.
(c)CA Fish And Game Code § 5654(c) Within 48 hours after receiving notification of a spill or discharge subject to subdivision (a), or as soon as is feasible, the director, in consultation with the Office of Environmental Health Hazard Assessment, shall assess and determine the potential danger from consuming fish that have been contained in a recirculating seawater tank onboard a vessel that may become contaminated by the vessel’s movement through an area where the spill or discharge occurred or spread.
(d)CA Fish And Game Code § 5654(d) If the director finds in the director’s assessment pursuant to subdivision (b) that there is no significant risk to the public or to the fisheries, the director may immediately reopen the closed area and waive the testing requirements of subdivision (e).
(e)CA Fish And Game Code § 5654(e) Except under the conditions specified in subdivision (d), after complying with subdivisions (a) and (b), the director, in consultation with the Office of Environmental Health Hazard Assessment, but in no event more than seven days from the notification of the spill or discharge, shall order expedited tests of fish and shellfish that would have been open for take for commercial, recreational, or subsistence purposes in the closed area if not for the closure, to determine the levels of contamination, if any, and whether the fish or shellfish is safe for human consumption.
(f)Copy CA Fish And Game Code § 5654(f)
(1)Copy CA Fish And Game Code § 5654(f)(1) Within 24 hours of receiving a notification from the Office of Environmental Health Hazard Assessment that no threat to human health exists from the spill or discharge or that no contaminant from the spill or discharge is present that could contaminate fish or shellfish, the director shall reopen the areas closed pursuant to this section. The director may maintain a closure in any remaining portion of the closed area where the Office of Environmental Health Hazard Assessment finds contamination from the spill or discharge persists that may adversely affect human health.
(2)CA Fish And Game Code § 5654(f)(2) The director, in consultation with the commission, may also maintain a closure in any remaining portion of the closed area where commercial fishing or aquaculture occurs and where the department determines, pursuant to this paragraph, that contamination from the spill or discharge persists that may cause the waste of commercial fish or shellfish as regulated by Section 7701.
(g)CA Fish And Game Code § 5654(g) To the extent feasible, the director shall consult with representatives of commercial and recreational fishing associations and subsistence fishing communities regarding the extent and duration of a closure, testing protocols, and findings. If a spill or discharge occurs within the lands governed by a Native American tribe or affects waters flowing through tribal lands, or tribal fisheries, the director shall consult with the affected tribal governments.
(h)CA Fish And Game Code § 5654(h) The director shall seek full reimbursement from the responsible party or parties for the spill or discharge for all reasonable costs incurred by the department in carrying out this section, including, but not limited to, all testing.

Section § 5655

Explanation

This law section allows the California department to address and clean up any petroleum spills that may enter the state's waters. They can clean or order those responsible to clean the spill and recover costs from them. The law specifically excludes cleaning petroleum products from areas used in crude oil production that comply with laws. An order can be issued only if there's an immediate danger to health or the environment and lasts until another order under Section 13304 of the Water Code replaces it. The Office of Spill Prevention and Response leads cleanup efforts, and this role can be delegated. The law also defines 'petroleum product' and 'state incident commander' to clarify these terms in this context.

(a)CA Fish And Game Code § 5655(a) In addition to the responsibilities imposed pursuant to Section 5651, the department may clean up or abate, or cause to be cleaned up or abated, the effects of any petroleum or petroleum product deposited or discharged in the waters of this state or deposited or discharged in any location onshore or offshore where the petroleum or petroleum product is likely to enter the waters of this state, order any person responsible for the deposit or discharge to clean up the petroleum or petroleum product or abate the effects of the deposit or discharge, and recover any costs incurred as a result of the cleanup or abatement from the responsible party.
(b)CA Fish And Game Code § 5655(b) An order shall not be issued pursuant to this section for the cleanup or abatement of petroleum products in any sump, pond, pit, or lagoon used in conjunction with crude oil production that is in compliance with all applicable state and federal laws and regulations.
(c)CA Fish And Game Code § 5655(c) The department may issue an order pursuant to this section only if there is an imminent and substantial endangerment to human health or the environment and the order shall remain in effect only until any cleanup and abatement order is issued pursuant to Section 13304 of the Water Code. A regional water quality control board shall incorporate the department’s order into the cleanup and abatement order issued pursuant to Section 13304 of the Water Code, unless the department’s order is inconsistent with any more stringent requirement established in the cleanup and abatement order. Any action taken in compliance with the department’s order is not a violation of any subsequent regional water quality control board cleanup and abatement order issued pursuant to Section 13304 of the Water Code.
(d)CA Fish And Game Code § 5655(d) The Administrator of the Office of Spill Prevention and Response has the primary authority to serve as a state incident commander and direct removal, abatement, response, containment, and cleanup efforts with regard to all aspects of any placement of petroleum or a petroleum product in the waters of the state, except as otherwise provided by law. This authority may be delegated.
(e)CA Fish And Game Code § 5655(e) For purposes of this section, the following definitions apply:
(1)CA Fish And Game Code § 5655(e)(1) “Petroleum product” means oil of any kind or form, including, but not limited to, fuel oil, sludge, oil refuse, and oil mixed with waste other than dredged spoil. “Petroleum product” does not include any pesticide that has been applied for agricultural, commercial, or industrial purposes or that has been applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, that has not been discharged accidentally or for purposes of disposal, and the application of which was in compliance with all applicable state and federal laws and regulations.
(2)CA Fish And Game Code § 5655(e)(2) “State incident commander” means a person with the overall authority for managing and conducting incident operations during an oil spill response, who shall manage an incident consistent with the standardized emergency management system required by Section 8607 of the Government Code. Incident management generally includes the development of objectives, strategies, and tactics, ordering and release of resources, and coordinating with other appropriate response agencies to ensure that all appropriate resources are properly utilized and that this coordinating function is performed in a manner designed to minimize risk to other persons and to the environment.

Section § 5656

Explanation

This law states that any money won or settled on, including civil penalties, from a lawsuit filed by the Attorney General to enforce this article must be placed in the Fish and Wildlife Pollution Account within the Fish and Game Preservation Fund.

Any recovery or settlement of money damages, including, but not limited to, civil penalties arising out of any civil action filed and maintained by the Attorney General in the enforcement of this article shall be deposited in the Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund.