BILL NUMBER: AB 497 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 20, 2013
An act to amend Sections 206, 207, 8276.3, and 8283 of, and to add
Sections 106, 7652.4 , and 7652.5 to, the Fish
and Game Code, relating to fish and game.
LEGISLATIVE COUNSEL'S DIGEST
AB 497, as amended, Chesbro. Fish and wildlife.
(1) Existing law requires the Fish and Game Commission to form a
marine resources committee from its membership consisting of at least
one commissioner and requires the committee to report to the
commission from time to time on its activities, to make
recommendations on all marine resource matters considered by the
commission, and to have the committee or its designee, to the extent
practicable, attend meetings of the Department of Fish and Wildlife's
staff, including meetings of the department staff with interested
parties, in which significant marine living resource management
documents are being developed.
This bill would require the commission to form a wildlife
resources committee from its membership consisting of at least one
commissioner, to report to the commission from time to time on its
activities, to make recommendations on all nonmarine resource matters
considered by the commission, and to have the committee or its
designee, to the extent practicable, attend meetings of the
department staff, including meetings of the department staff with
interested parties, in which significant wildlife resource management
documents are being developed.
(1)
(2) The California Constitution creates the Fish and
Game Commission. Existing law establishes the commission in the
Natural Resources Agency to perform specified functions. Existing law
requires the commission to hold no fewer than 10 regular meetings
per year, if the commission has adequate funding for related travel,
including funding for department travel, with no more than 3 regular
meetings to be held in Sacramento per year. Existing law requires the
commission to cause the notice of the schedule for regular meetings,
and notice of any change in the date and location of a meeting, to
be disseminated to the public in a manner that will result in broad
dissemination, including, but not limited to, electronic
distribution, mailings to interested parties, and publication in
local newspapers of the affected communities.
This bill would reduce the number of regular meetings
required per year to 8 and would delete the limitation that no
more than 3 regular meetings be held in Sacramento per year. The bill
would also delete the requirement that the broad dissemination of
the notices regarding meetings be achieved in a specified
specific manner.
(2)
(3) Existing law requires the commission, except for
emergency regulations, to consider and adopt regulations at a series
of no fewer than 3 meetings and requires that these meetings whether
regular or special meetings be duly noticed to the public in
accordance with specified provisions of state law. Existing law
provides that at the 3rd meeting the commission may choose to hear
additional public discussion regarding the regulations it intends to
adopt and requires that either at that meeting or within 20 days
after that meeting, the commission add, amend, or repeal regulations
relating to any recommendation received at the initial meeting it
deems necessary to preserve, properly utilize, and maintain each
species or subspecies.
This bill would delete the 20-day period after the 3rd meeting
during which the commission would have been authorized to add, amend,
or repeal.
(3)
(4) Existing law authorizes the commission to annually
adopt regulations, as specified, pertaining to migratory birds to
conform with or to further restrict the rules and regulations
prescribed pursuant to the Migratory Bird Treaty Act. Existing law
provides that migratory game birds may be taken in conformity with
federal laws and regulations and the regulations of the commission,
as specified, and, if no regulations are prescribed by the proper
federal agency, authorizes the commission to determine and fix the
area or areas, the seasons and hours, the species, the bag and
possession limits, and the total number that may be taken during any
open season for the taking of migratory game birds, under such rules
and regulations as the commission may prescribe.
This bill would add similar provisions that would authorize the
commission to annually adopt regulations, as specified, pertaining to
salmon and groundfish to conform with or to further restrict the
rules and regulations prescribed pursuant to the federal
Magnuson-Stevens Fishery Conservation and Management Act and the
Pacific Fishery Management Council established pursuant to that act
or its successor agency. The bill would also add similar provisions
that authorize the commission to determine and fix the area or areas,
the seasons and hours, the species, the bag and possession limits,
and the total number that may be taken during any open season for the
taking of salmon and groundfish, as specified, if no regulations are
prescribed by the proper federal agency.
(4)
(5) Existing law, until April 1, 2019, authorizes the
Director of the Department of Fish and Wildlife to order a delay in
the opening of the Dungeness crab fishery after December 1 in
Districts 6, 7, 8, and 9 in any year and prohibits the delay in the
opening from being later than January 15 of any year. Under existing
law, if the director orders this delay, the opening date of the
Dungeness crab fishery in those districts is required to be preceded
by a 36-hour gear setting period, as ordered by the director.
This bill instead would require a 64-hour gear setting period.
(5)
(6) Existing law requires the director, if requested on
or before November 10 of any year, to consult with the Dungeness
crab industry and to specify by public announcement on or before
November 20 of that year when crab traps may be set and baited prior
to the opening date of the Dungeness crab season in Districts 6, 7,
8, and 9.
This bill would eliminate the above requirements and instead would
authorize crab traps to be set and baited 64 hours prior to the
opening date of the Dungeness crab season in Districts 6, 7, 8, and
9.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1 . Section 106 is
added to the Fish and Game Code , to read:
106. The commission shall form a wildlife resources committee
from its membership consisting of at least one commissioner. The
committee shall report to the commission from time to time on its
activities and shall make recommendations on all nonmarine resource
matters considered by the commission. The committee or its designee
shall, to the extent practicable, attend meetings of the department
staff, including meetings of the department staff with interested
parties, in which significant wildlife resource management documents
are being developed.
SECTION 1. SEC. 2. Section 206 of
the Fish and Game Code is amended to read:
206. (a) The commission shall hold no fewer than eight regular
meetings per calendar year, if the commission has adequate funding
for related travel, including funding for department travel. The
commission may also hold special meetings or hearings to receive
additional input from the department and the public.
(b) The commission shall announce the dates and locations of
meetings for the year by January 1 of that year, or 60 days prior to
the first meeting, whichever comes first. Meeting locations shall be
accessible to the public and located throughout the state. To the
extent feasible, meetings shall be held in state facilities. In
setting the dates and locations for regular meetings, the commission
shall also consider the following factors:
(1) Recommendations of the department.
(2) Opening and closing dates of fishing and hunting seasons.
(3) The schedules of other state and federal regulatory agencies
whose regulations affect the management of fish and wildlife of this
state.
(c) The commission shall cause the notice of the schedule for
regular meetings, and notice of any change in the date and location
of a meeting, to be disseminated to the public in a manner that will
result in broad dissemination.
SEC. 2. SEC. 3. Section 207 of the
Fish and Game Code is amended to read:
207. (a) Except for emergency regulations, the commission shall
consider and adopt regulations pursuant to Sections 203 and 205 at a
series of no fewer than three meetings. These meetings may be regular
or special meetings that are duly noticed to the public in
accordance with subdivision (c) of Section 206 and the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
(b) At the first meeting, the commission shall receive
recommendations for regulations from its own members and staff, the
department, other public agencies, and the public.
(c) At the second meeting, the commission shall devote time for
open public discussion of proposed regulations presented at the first
meeting. The department shall participate in this discussion by
reviewing and presenting its findings regarding each regulation
proposed by the public and by responding to objections raised
pertaining to its proposed regulations. After considering the public
discussion, the commission shall announce, prior to adjournment of
the meeting, the regulations it intends to add, amend, or repeal.
(d) At the third meeting, the commission may choose to hear
additional public discussion regarding the regulations it intends to
adopt. At the meeting, the commission shall add, amend, or repeal
regulations relating to any recommendation received at the initial
meeting it deems necessary to preserve, properly utilize, and
maintain each species or subspecies.
(e) Within 45 days after adoption, the department shall publish
and distribute regulations adopted pursuant to this section.
SEC. 3. SEC. 4. Section 7652.4 is
added to the Fish and Game Code, to read:
7652.4. (a) The commission may, annually, adopt regulations
pertaining to salmon and groundfish to conform with or to further
restrict the rules and regulations prescribed pursuant to the federal
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
Sec. 1801) and the Pacific Fishery Management Council established
pursuant to that act or its successor agency.
(b) Regulations adopted under this section are not subject to
Sections 11343.4, 11346.1, 11346.4, and 11346.8 of the Government
Code.
(c) Any regulation of the commission adopted pursuant to this
section shall be filed with the Secretary of State, and shall become
effective upon filing unless otherwise specified in the regulations.
SEC. 4. SEC. 5. Section 7652.5 is
added to the Fish and Game Code, to read:
7652.5. (a) Salmon and groundfish may be taken in conformity with
the federal laws and regulations and the regulations of the
commission as provided in Section 7652.4.
(b) In the event no regulations are prescribed by the proper
federal agency, the commission may determine and fix the area or
areas, the seasons and hours, the species, the bag and possession
limits, and the total number that may be taken during any open season
for the taking of salmon and groundfish, under rules and regulations
as the commission may prescribe. The rules and regulations adopted
by the commission pursuant to this section shall have the same effect
as if enacted by the Legislature.
SEC. 5. SEC. 6. Section 8276.3 of
the Fish and Game Code is amended to read:
8276.3. (a) If there is any delay ordered by the director
pursuant to Section 8276.2 in the opening of the Dungeness crab
fishery in Fish and Game Districts 6, 7, 8, and 9, a vessel shall not
take or land crab within Districts 6, 7, 8, and 9 during any
closure.
(b) If there is any delay in the opening of the Dungeness crab
season pursuant to Section 8276.2, the opening date in Fish and Game
Districts 6, 7, 8, and 9 shall be preceded by a 64 hour gear setting
period, as ordered by the director.
(c) This section shall become inoperative on April 1, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 6. SEC. 7. Section 8283 of the
Fish and Game Code is amended to read:
8283. (a) Crab traps may be set and baited 64 hours prior to the
opening date of the Dungeness crab season in Fish and Game Districts
6, 7, 8, and 9. Crab traps may be set and baited in advance of that
opening date in those districts if no other attempt is made to take
or possess Dungeness crab in those districts.
(b) Except in Fish and Game Districts 6, 7, 8, and 9, crab traps
may be set and baited 18 hours in advance of the opening date of the
Dungeness crab season, if no other attempt is made to take or possess
Dungeness crab.