BILL NUMBER: AB 291 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE AUGUST 17, 2009
AMENDED IN ASSEMBLY MAY 11, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
AMENDED IN ASSEMBLY MARCH 26, 2009
INTRODUCED BY Assembly Member Saldana
(Coauthors: Assembly Members Blumenfield, Ruskin, and Swanson)
FEBRUARY 13, 2009
An act to add Section 30825 to the Public Resources Code,
relating to coastal resources. An act to amend
Section 9010 of the Fish and Game Code, relating to commercial
fishing.
LEGISLATIVE COUNSEL'S DIGEST
AB 291, as amended, Saldana. Coastal resources: coastal
development permits: penalties. Commercial fishing:
lobster management.
Existing law prescribes the construction and dimensions of a wire
lobster trap.
This bill would revise the prescribed dimensions of wire lobster
traps, and would add provisions relating to the use of a wire to hold
the escape gap in place.
The California Coastal Act of 1976 requires any person undertaking
development in the coastal zone to obtain a coastal development
permit issued by the California Coastal Commission in accordance with
prescribed procedures. The act authorizes civil liability to be
imposed on any person who performs or undertakes development that is
in violation of the act or that is inconsistent with any previously
issued coastal development permit, subject to specified maximum and
minimum amounts, varying according to whether the violation is
intentional and knowing.
The bill would prohibit the commission, with exceptions, from
filing as complete, or acting upon, an application for a coastal
development permit for a project on property that is subject to an
existing violation case for which a violation notification letter has
been sent, or a cease and desist order, restoration order, or notice
of violation has been issued or recorded until the violation has
been resolved. The bill would authorize the commission to resolve any
unresolved dispute between the executive director and an applicant
regarding the implementation of the above provision at a noticed
hearing. This bill would authorize the commission to file as complete
an application for a coastal development permit for development on
such a property if the violation is de minimis, as defined. This bill
would prohibit the commission from taking action on the application
until the de minimis violation has been resolved, as determined by
the executive director.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
California's spiny lobster fishery is an important component of
California's marine ecosystem, as well as an important source of jobs
for California fishermen and fisherwomen and food for consumers.
SEC. 2. Section 9010 of the Fish and
Game Code is amended to read:
9010. (a) Subject to Article 5 (commencing with Section 8250) of
Chapter 2, spiny lobster may be taken with lobster traps under a
lobster permit issued pursuant to Section 8254.
(b) Notwithstanding Sections 8660 and 8665, lobster traps may be
used in any area of the state not otherwise closed to the taking of
lobsters up to, but not closer than, 75 feet of any private pier,
wharf, jetty, breakwater, or dock.
(c) A wire lobster trap shall be built of rectangular wire mesh
with inside mesh measurement not less than 1
7/8 1 1/2 inches by
3 7/8 3 1/2
inches, the 3 7/8
-inch 3 1/2 - inch
measurement to be parallel to the floor of the trap. A wire
lobster trap shall be fitted with at least one rigid rectangular
escape gap with an inside measurements
vertical measurement not less than 23/8 inches by
at all points and an inside horizontal measurement of
not less than 111/2 inches . The at
all points. The horizontal sides of the escape gap shall be
located parallel to, and within two the
escape gap within 2 3/8 inches of the floor on any
outside wall of, the rearmost chamber of the lobster trap and shall
be clearly accessible to the lobsters.
(d) Notwithstanding subdivision (c), wire may be used to hold the
escape gap in place that reduces the inside vertical or horizontal
measurement of the escape gap specified in subdivision (c), but only
if all of the following requirements are met:
(1) The overall diameter of the wire, including any coating on the
wire, shall measure less than 0.176 inches in diameter (the diameter
of 7 SWG gauge wire using the Standard Wire Gauge (SWG) standard of
measurement).
(2) A maximum of one wire wrap shall be located on each vertical
side of the escape gap.
(3) A maximum of two wire wraps shall be located on the bottom
horizontal side of the escape gap.
(4) Wire shall not be used on the top horizontal side of the
escape gap.
(5) Each wire shall be tightly wrapped against the inside surface
of the escape gap and shall not pass over the inside surface more
than once. As used in this paragraph, "tightly wrapped" means no
space exists at any point between the wire and the inside surface of
the escape gap.
(d)
(e) A lobster trap constructed of lath or other
material shall have an opening to allow a means of escape along the
full length of one side of the rearmost chamber. The escape opening
shall be of a spacing of not less than 23/8 inches, and the spacing
shall be located parallel to, and within two
2 3/8 inches of, the floor of the lobster trap.
SECTION 1. Section 30825 is added to the Public
Resources Code, to read:
30825. (a) Except as provided in subdivision (d), the commission
shall not file as complete or act upon an application for a coastal
development permit for a project on property that is subject to an
open, existing violation case for which a violation notification
letter has been sent, or a cease and desist order, restoration order,
or notice of violation has been issued or recorded pursuant to
Section 30809, 30810, 30811, or 30812 until the violation has been
resolved, as determined by the executive director and consistent with
this division.
(b) Subdivision (a) does not apply if the executive director
determines that the application includes a provision that would fully
resolve the violation consistent with this division.
(c) Any unresolved dispute between the executive director and an
applicant regarding the implementation of this section may be
resolved by the commission at a noticed hearing pursuant to
subdivision (d) of Section 13056 of Title 14 of the California Code
of Regulations.
(d) (1) Notwithstanding subdivision (a), the commission may file
as complete an application for a coastal development permit for
development on a property described in subdivision (a) if the
violation is a de minimis violation. If the commission accepts an
application to which this subdivision applies, the commission may not
take action on the application until the violation has been fully
resolved, as determined by the executive director.
(2) For purposes of this subdivision, "de minimis violation" means
a violation that is so minor in nature that it may be easily
resolved through voluntary actions on the part of the property owner.
(e) Subdivision (a) does not apply to an action by a local agency
that is associated with processing, submitting, certifying, or
implementing an amendment to, or original submission of, a local
coastal program, public works plan, or component of a local coastal
program or public works plan.