BILL NUMBER: AB 416	CHAPTERED  09/20/01

	CHAPTER  314
	FILED WITH SECRETARY OF STATE  SEPTEMBER 20, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 19, 2001
	PASSED THE SENATE  AUGUST 27, 2001
	PASSED THE ASSEMBLY  MAY 17, 2001
	AMENDED IN ASSEMBLY  APRIL 16, 2001

INTRODUCED BY   Assembly Member Strom-Martin

                        FEBRUARY 20, 2001

   An act to amend Sections 8051.3 and 8051.4 of the Fish and Game
Code, relating to fish, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 416, Strom-Martin.  Fish.
   Existing law, until January 1, 2002, requires every person who is
required to pay a landing tax for abalone to pay, in addition to that
landing tax, an additional tax of 191/2 cents for each pound, or
fraction thereof, of abalone.
   Existing law requires that the additional landing tax be deposited
in the Fish and Game Preservation Fund, a continuously appropriated
fund, for specified purposes.  Existing law establishes the
Commercial Abalone Advisory Committee and provides for the
composition and duties of the committee.  These provisions will be
repealed on January 1, 2003.
   This bill would extend to January 1, 2007, the law requiring the
additional landing tax.  The bill would extend to January 1, 2008,
the law governing the advisory committee.  Because the bill would
provide for a source of funding for the continuously appropriated
Fish and Game Preservation Fund for an extended period of time, and
would impose duties on the department, the costs of which are payable
from that fund, the bill would make an appropriation.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8051.3 of the Fish and Game Code is amended to
read:
   8051.3.  (a) Any person who is required to pay a landing tax for
abalone pursuant to Sections 8041 and 8042 shall pay, in addition to
the landing taxes determined pursuant to Section 8051, an additional
tax of nineteen and one-half cents ($0.195) for each pound, or
fraction thereof, of abalone, determined as provided in Section 8042.

   (b) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted statute
that  is enacted before January 1, 2007, deletes or extends that
date.
  SEC. 2.  Section 8051.4 of the Fish and Game Code is amended to
read:
   8051.4.  (a) The landing tax collected pursuant to Section 8051.3
shall be deposited in the Fish and Game Preservation Fund and shall
be used only for the Abalone Resources Restoration and Enhancement
Program.  The department shall maintain internal accounts necessary
to ensure that the funds are disbursed for the purposes in this
subdivision.  No more of the landing tax collected pursuant to
Section 8051.3 than an amount equal to the regularly approved
department indirect overhead rate may be used for administration by
the department.  Any interest on the revenues from the landing tax
collected pursuant to Section 8051.3 shall be deposited in the fund
and used for the purposes in this subdivision.
   (b) A Commercial Abalone Advisory Committee shall be appointed by
the director, consisting of six members who shall serve without
compensation or reimbursement of expenses.  One of the members shall
be a person who was required to pay landing taxes pursuant to Section
8051.3 during the 1996-97 permit year.  Each of the five remaining
members shall have held a commercial abalone diving permit during the
1996-97 permit year, and represent the following groups and
organizations:
   (1) One member shall be selected from divers with a place of
residence north of Point Sur.
   (2) One member shall be selected from divers with a place of
residence south of Point Dume.
   (3) One member shall be selected from divers with a place of
residence south of Point Sur and north of Point Dume.
   (4) Two members shall be selected from the membership of the
California Abalone Association without regard to place of residence.
This subdivision does not prohibit persons selected pursuant to
paragraph (1), (2), or (3) from also being members of the California
Abalone Association.
   (c) The advisory committee shall make recommendations to the
director and the director shall use his or her best efforts to
implement those recommendations for activities to be conducted with
funds collected pursuant to Section 8051.3, and those funds collected
from any previous calendar year shall be available for use for those
activities.
   (d) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2008, deletes or extends that
date.