BILL NUMBER: SB 470	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 5, 2011

INTRODUCED BY   Senator Evans

                        FEBRUARY 17, 2011

   An act to amend  Section 7861.1   Sections
7861.1 and 7863  of the Fish and Game Code, relating to
commercial fishing.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 470, as amended, Evans. Commercial fishing: salmon stamp.

   Existing 
    (1)     Existing  law prohibits
specified persons from taking salmon for commercial purposes unless
the person has a commercial fishing salmon stamp affixed to his or
her commercial fishing license. Existing law requires the Department
of Fish and Game to issue a commercial fishing salmon stamp, upon
application for the stamp and payment of a base fee of $85. That base
fee is required to be adjusted during specified commercial salmon
seasons. However, existing law prohibits the total fees, as adjusted,
from exceeding $260. Under existing law, fee revenues are deposited
in the Commercial Salmon Stamp Account in the Fish and Game
Preservation Fund, and the money in the account is continuously
appropriated to the department for new or expanded salmon restoration
and enhancement programs in the state that will serve to increase
ocean salmon landings. Existing law prohibits the department from
charging administrative overhead costs exceeding 3.3% of the annual
expenditures from the account. These provisions of existing law are
repealed as of January 1, 2012.
   This bill would decrease that administrative overhead cost limit
from 3.3% to 1% of the annual expenditures from the account.  The
bill would extend the operation of these provisions until January 1,
2016.  
   (2) Existing law generally makes a violation of fish and game laws
a crime.  
   Because this bill would extend operation of the commercial salmon
fishing program and thereby the crimes imposed for a violation of
those provisions, the bill would create a state-mandated local
program by creating new crimes.  
   (3) 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. 
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

  SECTION 1.  Section 7861.1 of the Fish and Game Code is amended to
read:
   7861.1.  The department shall not charge the Commercial Salmon
Stamp Account in the Fish and Game Preservation Fund administrative
overhead costs exceeding 1 percent of the annual expenditures from
the account. Interest derived from the account shall be deposited in
the Fish and Game Preservation Fund to help defray ongoing
operational costs of the department.
   SEC. 2.    Section 7863 of the   Fish and
Game Code   is amended to read: 
   7863.  This article shall remain in effect only until January 1,
 2012   2016  , and as of that date is
repealed, unless a later enacted statute that is enacted before
January 1, 2012   2016  , deletes or
extends that date.
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.