SECTIONS 76850-76852 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 76850-76852

76850. The Attorney General shall annually review all applicable
state and federal laws, regulations, and procedures used to set
salmon fishing seasons and shall determine whether allocations of
rights to harvest salmon held by users, including tribal interests,
may lawfully exist for purchase, trade, or exchange or under what
conditions that purchase, trade, or exchange may lawfully be made.

76851. If the Attorney General determines under Section 76850 that
selling allocation rights to harvest salmon would be binding and
consistent with California public policy and if an agreement for
purchase of allocation rights of harvest is determined to be lawful
and binding, the Director of Fish and Game may, in consultation with
the director, develop a program to authorize the transfer of the
allocation rights consistent with all other state or federal laws and
regulations. Upon authorization by the Director of Fish and Game,
the director may, at a price and quantity agreed to by the council,
and with funds available from the council, enter into an agreement
for the purchase of the allocation rights to harvest from another
user holding bona fide rights to harvest stocks of salmon.

76852. The council, in any negotiations for the purchase of tribal
allocations of rights to harvest, if any, however they may exist,
may, with the director, seek federal or other funds as may be
available to match the council funds for the purchase of allocation
rights to harvest in recognition of the federal government's
responsibility to the Indian people and their resources.