Amended in Senate July 2, 2013

Amended in Assembly April 4, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 497

Introduced by Assembly Member Chesbro

February 20, 2013

An act to amend Sections 206, 207, 8276.3, and 8283 of, to add begin delete Section end delete begin insert Sections end insert 106 begin insert and 205.1 end insert to, and to add Article 1.8 (commencing with Section 7695) to Chapter 1 of Part 3 of Division 6 of, the Fish and Game Code, relating to fish and wildlife.

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.

(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 specific manner begin insert but would require the commission to disseminate notices regarding meetings to the public in a manner that complies with specified provisions of the Administrative Procedure Act end insert .

(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.

(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.

begin delete

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. The bill would require that when regulations are to be adopted under either of these provisions, the commission must hold at least one duly noticed public hearing before the regulations are adopted.

end delete begin insert

This bill would add similar provisions that would authorize the commission to establish by regulation an automatic process to conform its sport fishing regulations to federal regulations and would require the Department of Fish and Wildlife to provide public notice of any conforming action implemented pursuant to this provision.

end insert begin insert

The bill would also provide that regulations that the commission may be authorized to adopt pertaining to salmon and groundfish are not subject to specified provisions of the Administrative Procedure Act and would require the commission to hold at least one duly noticed public hearing before any regulations are adopted under these provisions.

end insert

(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.

(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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 205.1 is added to the end insert begin insert Fish and Game Code end insert begin insert , to
read: end insert

begin insert

begin insert 205.1. end insert   

(a) The Legislature finds and declares all of the
following:

(1) The federal Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. Sec. 1801 et seq.) authorizes fishery
management plans and regulations that require close coordination
with state fishery managers.

(2) The Secretary of Commerce routinely adopts federal fishery
rules that require the State of California to make timely conforming
changes to its fishery regulations in order to maintain continuity
of management and enforcement, and to avoid preemption.

(3) Since 1976, a mechanism for federal conformance has
existed in this code for commercial fishing and a similar
mechanism is now required for sport fishing.

(b) The commission may establish by regulation an automatic
process to conform its sport fishing regulations to federal
regulations.

(c) The department shall provide public notice of any
conforming action implemented pursuant to this section.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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 begin insert and that complies with the
Administrative Procedure Act end insert begin insert (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) end insert .

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Article 1.8 (commencing with Section 7695) is added
to Chapter 1 of Part 3 of Division 6 of the Fish and Game Code,
to read:

 

Article 1.8.  Salmon and Groundfish Regulations

 

begin delete

7695.  

(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 et seq.) and the Pacific Fishery Management
Council established pursuant to that act or its successor agency.

(b) Regulations adopted under this section

end delete

begin insert

begin insert 7695. end insert   

end insert

begin insert Regulations that the commission may be authorized to
adopt pursuant to this article end insert to conform with federal regulations
are not subject to Sections 11343.4, 11346.1, 11346.4, and 11346.8
of the Government Code. The commission shall hold at least one
duly noticed public hearing before any regulations are adopted
under this begin delete section or Section 7695.5. end delete begin insert article. end insert

begin delete

(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.

end delete

begin delete

7695.5.  

(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 7695.

(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.

end delete

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

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.

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

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.