BILL NUMBER: AB 1334	CHAPTERED  09/25/01

	CHAPTER  338
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2001
	PASSED THE ASSEMBLY  AUGUST 30, 2001
	PASSED THE SENATE  AUGUST 27, 2001
	AMENDED IN SENATE  JUNE 27, 2001
	AMENDED IN SENATE  JUNE 21, 2001
	AMENDED IN ASSEMBLY  MAY 2, 2001
	AMENDED IN ASSEMBLY  MARCH 27, 2001

INTRODUCED BY   Assembly Member Harman
   (Coauthors:  Assembly Members Bates and Strom-Martin)
   (Coauthors:  Senators Alpert, Johnson, and Torlakson)

                        FEBRUARY 23, 2001

   An act to add Chapter 3.5 (commencing with Section 2300) to
Division 3 of the Fish and Game Code, relating to algae, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1334, Harman.   Caulerpa species.
   (1) Existing law makes it unlawful for any person to receive,
bring, or cause to be brought into this state, for the purpose of
propagation, any fish, reptile, amphibian, or aquatic plant from any
place wherein any infected, diseased, or parasitized fish, reptile,
amphibia, or aquatic plants are known to exist.
   This bill would prohibit the sale, possession, importation,
transportation, transfer, releasing alive in the state, or giving
away without consideration the salt water algae of enumerated
Caulerpa species, except the bill would authorize the possession of
salt water algae of enumerated Caulerpa species for bona fide
scientific research upon authorization by the Department of Fish and
Game.  The bill would authorize the imposition of a civil penalty for
violation of the provisions of the bill, in addition to any other
penalty provided by law.
   Because existing law would make a violation of these provisions a
crime, the bill would impose a state-mandated local program by
creating new crimes.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (3) The bill would declare it is to take effect immediately as an
urgency statute.


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


  SECTION 1.  Chapter 3.5 (commencing with Section 2300) is added to
Division 3 of the Fish and Game Code, to read:

      CHAPTER 3.5.  CAULERPA ALGAE

   2300.  (a) No person shall sell, possess, import, transport,
transfer, release alive in the state, or give away without
consideration the salt water algae of the Caulerpa species:
taxifolia, cupressoides, mexicana, sertulariodes, floridana,
ashmeadii, racemosa, verticillata, and scapelliformis.
   (b) Notwithstanding subdivision (a), a person may possess, for
bona fide scientific research, as determined by the department, upon
authorization by the department, the salt water algae of the Caulerpa
species:  taxifolia, cupressoides, mexicana, sertulariodes,
floridana, ashmeadii, racemosa, verticillata, and scapelliformis.
   (c) In addition to any other penalty provided by law, any person
who violates this section is subject to a civil penalty of not less
than five hundred dollars ($500) and not more than ten thousand
dollars ($10,000) for each violation.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to control the introduction and spread of the salt water
algae of the Caulerpa species enumerated in Section 2300 of the Fish
and Game Code, as proposed to be added by Section 1 of this act, at
the earliest possible time, thereby protecting the marine environment
and the health of marine life, it is necessary that this act take
effect immediately.