Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 504


Introduced by Assembly Member Chesbro

February 20, 2013


An act to amendbegin delete Sections 206 and 207end deletebegin insert Section 8405.4end insert ofbegin delete, and to add Sections 7652.4 and 7652.5 to,end delete the Fish and Game Code, relating tobegin delete the Fish and Game Commission.end deletebegin insert commercial fishing.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 504, as amended, Chesbro. begin deleteFish and Game Commission: salmon and groundfish. end deletebegin insertCommercial fishing: sea cucumbers.end insert

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Existing law governs the sea cucumber fishery in this state. Under existing law, sea cucumbers cannot be taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid sea cucumber permit issued by the Department of Fish and Wildlife. The Fish and Game Commission is authorized to adopt regulations that it determines may reasonably be necessary to protect the sea cucumber resource and assure a sustainable sea cucumber fishery or to enhance enforcement activities. A violation of existing law or regulations adopted pursuant to those provisions is a crime. Existing law provides that those provisions shall become inoperative on April 1, 2015, and, as of January 1, 2016, are repealed.

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This bill would extend the operation of those provisions until April 1, 2017, and would repeal those provisions on January 1, 2018. Because this bill would extend the operation of the sea cucumber permit 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.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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(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.

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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.

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(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.

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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.

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(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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8405.4 of the end insertbegin insertFish and Game Codeend insertbegin insert is
2amended to read:end insert

3

8405.4.  

This article shall become inoperative on April 1,begin delete 2015,end delete
4begin insert 2017end insert and as of January 1,begin delete 2016,end deletebegin insert 2018end insert is repealed, unless a later
5enacted statute that is enacted before January 1,begin delete 2016,end deletebegin insert 2018,end insert deletes
6or extends the dates on which it becomes inoperative and is
7 repealed.

8begin insert

begin insertSEC. 2.end insert  

end insert
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No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
P4    1the meaning of Section 6 of Article XIII B of the California
2Constitution.

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3

SECTION 1.  

Section 206 of the Fish and Game Code is
4amended to read:

5

206.  

(a) The commission shall hold no fewer than eight regular
6meetings per calendar year, if the commission has adequate funding
7for related travel, including funding for department travel. The
8commission may also hold special meetings or hearings to receive
9additional input from the department and the public.

10(b) The commission shall announce the dates and locations of
11meetings for the year by January 1 of that year, or 60 days prior
12to the first meeting, whichever comes first. Meeting locations shall
13be accessible to the public and located throughout the state. To the
14extent feasible, meetings shall be held in state facilities. In setting
15the dates and locations for regular meetings, the commission shall
16also consider the following factors:

17(1) Recommendations of the department.

18(2) Opening and closing dates of fishing and hunting seasons.

19(3) The schedules of other state and federal regulatory agencies
20whose regulations affect the management of fish and wildlife of
21this state.

22(c) The commission shall cause the notice of the schedule for
23regular meetings, and notice of any change in the date and location
24of a meeting, to be disseminated to the public in a manner that will
25result in broad dissemination.

26

SEC. 2.  

Section 207 of the Fish and Game Code is amended
27to read:

28

207.  

(a) Except for emergency regulations, the commission
29shall consider and adopt regulations pursuant to Sections 203 and
30205 at a series of no fewer than three meetings. These meetings
31may be regular or special meetings that are duly noticed to the
32public in accordance with subdivision (c) of Section 206 and the
33Administrative Procedure Act (Chapter 3.5 (commencing with
34Section 11340) of Part 1 of Division 3 of Title 2 of the Government
35Code).

36(b) At the first meeting, the commission shall receive
37recommendations for regulations from its own members and staff,
38the department, other public agencies, and the public.

39(c) At the second meeting, the commission shall devote time
40for open public discussion of proposed regulations presented at
P5    1the first meeting. The department shall participate in this discussion
2by reviewing and presenting its findings regarding each regulation
3proposed by the public and by responding to objections raised
4pertaining to its proposed regulations. After considering the public
5discussion, the commission shall announce, prior to adjournment
6of the meeting, the regulations it intends to add, amend, or repeal.

7(d) At the third meeting, the commission may choose to hear
8additional public discussion regarding the regulations it intends to
9adopt. At the meeting, the commission shall add, amend, or repeal
10regulations relating to any recommendation received at the initial
11meeting it deems necessary to preserve, properly utilize, and
12maintain each species or subspecies.

13(e) Within 45 days after adoption, the department shall publish
14and distribute regulations adopted pursuant to this section.

15

SEC. 3.  

Section 7652.4 is added to the Fish and Game Code,
16to read:

17

7652.4.  

(a) The commission may, annually, adopt regulations
18pertaining to salmon and groundfish to conform with or to further
19restrict the rules and regulations prescribed pursuant to the federal
20Magnuson-Stevens Fishery Conservation and Management Act
21(16 U.S.C. Sec. 1801) and the Pacific Fishery Management Council
22established pursuant to that act or its successor agency.

23(b) Regulations adopted under this section are not subject to
24Sections 11343.4, 11346.1, 11346.4, and 11346.8 of the
25Government Code.

26(c) Any regulation of the commission adopted pursuant to this
27section shall be filed with the Secretary of State, and shall become
28effective upon filing unless otherwise specified in the regulations.

29

SEC. 4.  

Section 7652.5 is added to the Fish and Game Code,
30to read:

31

7652.5.  

(a) Salmon and groundfish may be taken in conformity
32with the federal laws and regulations and the regulations of the
33commission as provided in Section 7652.4.

34(b) In the event no regulations are prescribed by the proper
35federal agency, the commission may determine and fix the area or
36areas, the seasons and hours, the species, the bag and possession
37limits, and the total number that may be taken during any open
38season for the taking of salmon and groundfish, under rules and
39regulations as the commission may prescribe. The rules and
P6    1regulations adopted by the commission pursuant to this section
2shall have the same effect as if enacted by the Legislature.

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