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FISH AND GAME CODE
SECTION 1120-1126


1120.  The commission shall establish fish hatcheries for stocking
the waters of this State with fish.  The department shall maintain
and operate such hatcheries.

1121.  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.  Insurance
may be purchased by the Department of General Services to protect
the state against loss or expense arising out of such an agreement.

1122.  Any claim for damages arising against the state under Section
1121 shall be presented to the State Board of Control in accordance
with Section 905.2 of the Government Code, and if not covered by
insurance as herein provided shall be payable only out of funds
appropriated by the Legislature for such purposes.  If the state
elects to insure its liability under Section 1121, the State Board of
Control may automatically deny any such claim.

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

1123.5.  Notwithstanding Section 1120 or any other provision of law,
all funds allocated for fish purchases for the department's urban
fishing program shall 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 following
conditions exists:
   (a) After reasonable notice, the private facilities are unable to
provide the specified fish or aquatic organism.
   (b) The fish or aquatic organism is infected or diseased.

1124.  It is unlawful to take any fish in any pond or reservoir
belonging to or controlled by the department and used for
propagating, protecting, or conserving fish.

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


1126.  Notwithstanding any other provision of law, department
personnel may construct or repair bird exclosures at state owned or
operated fish hatcheries.  These activities shall not be subject to
review by the Public Works Board.  Nothing in this section exempts
the department from complying with any provision of law governing
services performed under contract by noncivil service employees.





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