BILL NUMBER: AB 2519	CHAPTERED  09/23/04

	CHAPTER  713
	FILED WITH SECRETARY OF STATE  SEPTEMBER 23, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2004
	PASSED THE ASSEMBLY  AUGUST 28, 2004
	PASSED THE SENATE  AUGUST 27, 2004
	AMENDED IN SENATE  AUGUST 26, 2004
	AMENDED IN SENATE  AUGUST 23, 2004

INTRODUCED BY   Assembly Member Berg
   (Coauthor: Senator Chesbro)

                        FEBRUARY 20, 2004

   An act to amend Section 3702 of, and to add Sections 7861.5,
8552.1, and 8552.3 to, the Fish and Game Code, relating to fish and
game.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2519, Berg.  Duck Stamp Account:  salmon:  roe herring:
prevailing wages.
   (1) Under existing law, funds derived from state duck hunting
validations, state duck stamps, and certain related items are
required to be deposited in the Duck Stamp Account in the Fish and
Game Preservation Fund.  Existing law provides that moneys in the
account are to be used, among other things, for projects approved by
the Fish and Game Commission for the purpose of protecting,
preserving, restoring, enhancing, and developing migratory waterfowl
breeding and wintering habitat, evaluating habitat projects, and
conducting waterfowl resource assessments and other waterfowl related
research.
   This bill would additionally authorize moneys in the account to be
used to fund endowments approved by the commission for use for these
purposes.
   (2) Existing law creates the Commercial Salmon Stamp Account in
the Fish and Game Preservation Fund, and requires that moneys in the
account be continuously appropriated to the Department of Fish and
Game for new or expanded salmon restoration and enhancement programs
in the state that will serve to increase ocean salmon landings.
   This bill would authorize the department, in consultation with,
the Commercial Salmon Trollers Advisory Committee, to allocate funds
from the account for specified purposes related to salmon restoration
and recovery.
   (3) Existing law prohibits the taking of herring for commercial
purposes without a permit, subject to regulations adopted by the Fish
and Game Commission, and the payment of specified fees to the
commission.
   This bill would authorize the commission, in consultation with
representatives of the commercial roe herring fishery, and after
holding at least one public hearing, to adjust fees charged for
permits, including fees charged for the issuance or transfer of
permits, as provided.  The bill would also authorize the commission,
in consultation with representatives of the commercial roe herring
fishery, after holding at least one public hearing, to adopt
regulations intended to facilitate the transfer of herring permits,
as specified.


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


  SECTION 1.  Section 3702 of the Fish and Game Code is amended to
read:
   3702.  Funds deposited in the State Duck Stamp Account shall be
used for projects or endowments approved by the commission for the
purpose of protecting, preserving, restoring, enhancing, and
developing migratory waterfowl breeding and wintering habitat,
evaluating habitat projects, and conducting waterfowl resource
assessments and other waterfowl related research.  These funds may be
used to reimburse nonprofit organizations for completed habitat
projects.  Subject to Section 3704, the department may make grants or
enter into contracts with nonprofit organizations for the use of
these funds when it finds that the contracts are necessary for
carrying out the purposes of this article.
  SEC. 2.  Section 7861.5 is added to the Fish and Game Code, to
read:
   7861.5.  In consultation with the Commercial Salmon Trollers
Advisory Committee, the department may allocate funds from the
Commercial Salmon Stamp Account for the following purposes:
   (a) For restoration projects to assist in the recovery of salmon
stocks listed as threatened or endangered under Chapter 1.5
(commencing with Section 2050) of Division 3, or the federal
Endangered Species Act (16 U.S.C. Sec.  1531 et seq.).
   (b) As matching funds for federal salmon restoration moneys.
  SEC. 3.  Section 8552.1 is added to the Fish and Game Code, to
read:
   8552.1.  The commission, in consultation with the department and
representatives of the commercial roe herring fishery, and after
holding at least one public hearing, may adjust the fees charged for
permits; including fees for the issuance or transfer of permits, to a
level that will not discourage the transfer of permits or limit
entry into the fishery, and that will ensure sufficient funds to
cover reasonable department costs associated with the management of
the fishery, including research and enforcement costs.
  SEC. 4.  Section 8552.3 is added to the Fish and Game Code, to
read:
   8552.3.  The commission may, in consultation with representatives
of the commercial herring roe fishery, and after holding at least one
public hearing, adopt regulations intended to facilitate the
transfer of herring permits, including, but not limited to,
regulations that would do the following:
   (a) Allow an individual to own a single permit for each of the
different herring gillnet platoons in San Francisco Bay.
   (b) Eliminate the point system for qualifying for a herring
permit.
   (c) Allow a herring permit to be passed from a parent to child, or
between husband and wife.