BILL NUMBER: AB 504	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 20, 2013

   An act to amend Sections 206 and 207 of, and to add Sections
7652.4 and 7652.5 to, the Fish and Game Code, relating to the Fish
and Game Commission.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 504, as introduced, Chesbro. Fish and Game Commission: salmon
and groundfish.
   (1) 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 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 delete the
requirement that the broad dissemination of the notices regarding
meetings be achieved in a specific manner.
   (2) 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 to 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 regulations.
    (3) 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.
   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 206 of the Fish and Game Code is amended to
read:
   206.  (a) The commission shall hold no fewer than  10
  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  ,
with no more than three regular meetings to be held in Sacramento per
year  . 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, including, but not limited
to, electronic distribution, mailings to interested parties, and
publication in local newspapers of affected communities 
 dissemination  .
  SEC. 2.  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  or within 20 days after 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.  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.  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.