Amended in Assembly September 3, 2013

Senate Bill No. 197

Introduced by Senator Evans

February 7, 2013

An act to amend begin delete Section 7863 end delete begin insert Sections 711.4, 7860, 7861, 7861.1, 7861.2, 7861.5, 7862.5, and 7863 end insert of the Fish and Game Code begin insert , and to amend Section 76953.5 of the Food and Agricultural Code end insert , relating to commercial fishing.

LEGISLATIVE COUNSEL’S DIGEST

SB 197, as amended, Evans. Commercial fishing: commercial fishing salmon stamp.

(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 begin delete Game end delete begin insert Wildlife end insert 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.

Existing law requires that fee revenues be deposited in the Commercial Salmon Stamp Account begin insert , which was abolished March 14, 2013, by the Controller pursuant to specified statutory provisions, end insert in the Fish and Game Preservation Fund, and be available to the department upon appropriation by the Legislature for new or expanded salmon restoration and enhancement programs in the state that will serve to increase ocean salmon landings. Existing law provides that not more than 15% of the funds may be used to pay the costs incurred in the administration of the program.

Existing law repeals these provisions as of January 1, 2014.

The bill would extend the operation of these provisions until January 1, begin delete 2019. end delete begin insert 2019, would recast them to replace references to the Commercial Salmon Stamp Account with references to the Commercial Salmon Stamp Dedicated Subaccount, which the bill would establish in the Fish and Game Preservation Fund, and would require the transfer of specified moneys from the Fish and Game Preservation Fund to the new subaccount. The bill would also make other conforming changes and delete obsolete cross-references. end insert

(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: no. Fiscal committee: yes. State-mandated local program: yes.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 711.4 of the end insert begin insert Fish and Game Code end insert begin insert is
amended to read: end insert

711.4.  

(a) The department shall impose and collect a filing fee
in the amount prescribed in subdivision (d) to defray the costs of
managing and protecting fish and wildlife trust resources,
including, but not limited to, consulting with other public agencies,
reviewing environmental documents, recommending mitigation
measures, developing monitoring requirements for purposes of the
California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code), consulting
pursuant to Section 21104.2 of the Public Resources Code, and
other activities protecting those trust resources identified in the
review pursuant to the California Environmental Quality Act.

(b) The filing fees shall be proportional to the cost incurred by
the department and shall be annually reviewed and adjustments
recommended to the Legislature in an amount necessary to pay
the full costs of department programs as specified. The department
shall annually adjust the fees pursuant to Section 713.

(c) (1) All project applicants and public agencies subject to the
California Environmental Quality Act shall pay a filing fee for
each proposed project, as specified in subdivision (d).

(2) Notwithstanding paragraph (1), a filing fee shall not be paid
pursuant to this section if any of the following conditions exist:

(A) The project has no effect on fish and wildlife.

(B) The project is being undertaken by the department.

(C) The project costs are payable by the department from any
of the following sources that are held by the department:

(i) The Public Resources Account in the Cigarette and Tobacco
Products Surtax Fund.

(ii) The California Wildlife, Coastal, and Park Land
Conservation Fund of 1988.

(iii) The Habitat Conservation Fund.

(iv) The Fisheries Restoration Account in the Fish and Game
Preservation Fund.

(v) The Commercial Salmon Stamp begin delete Account end delete begin insert Dedicated
Subaccount end insert in the Fish and Game Preservation Fund.

(vi) Striped bass stamp funds collected pursuant to Section 7360.

(vii) The California Ocean Resource Enhancement Account.

(D) The project is implemented by the department through a
contract with either a nonprofit entity or a local government
agency.

(3) Filing fees shall be paid at the time and in the amount
specified in subdivision (d). Notwithstanding Sections 21080.5
and 21081 of the Public Resources Code, a project shall not be
operative, vested, or final, and local government permits for the
project shall not be valid, until the filing fees required pursuant to
this section are paid.

(d) The fees shall be in the following amounts:

(1) For a project that is statutorily or categorically exempt from
the California Environmental Quality Act, including those certified
regulatory programs that incorporate statutory and categorical
exemptions, a filing fee shall not be paid.

(2) For a project for which a negative declaration is prepared
pursuant to subdivision (c) of Section 21080 of the Public
Resources Code, the filing fee is one thousand eight hundred
dollars ($1,800). A local agency collecting the filing fee shall remit
the fee to the county clerk at the time of filing a notice of
determination pursuant to Section 21152 of the Public Resources
Code. A state agency collecting the filing fee shall remit the fee
to the Office of Planning and Research at the time of filing a notice
of determination pursuant to Section 21108 of the Public Resources
Code.

(3) For a project with an environmental impact report prepared
pursuant to the California Environmental Quality Act, the filing
fee is two thousand five hundred dollars ($2,500). A local agency
collecting the filing fee shall remit the fee to the county clerk at
the time of filing a notice of determination pursuant to Section
21152 of the Public Resources Code. A state agency collecting
the filing fee shall remit the fee to the Office of Planning and
Research at the time of filing a notice of determination pursuant
to Section 21108 of the Public Resources Code.

(4) For a project that is subject to a certified regulatory program
pursuant to Section 21080.5 of the Public Resources Code, the
filing fee is eight hundred fifty dollars ($850). The filing fee shall
be paid to the department before the filing of the notice of
determination pursuant to Section 21080.5 of the Public Resources
Code.

(e) The county clerk may charge a documentary handling fee
of fifty dollars ($50) per filing in addition to the filing fee specified
in subdivision (d).

(1) The county clerk of each county and the Office of Planning
and Research shall maintain a record, both electronic and in paper,
of all environmental documents received. The record shall include,
for each environmental document received, the name of each
applicant or lead agency, the document filing number, the project
name as approved by the lead agency, and the filing date. The
record shall be made available for examination or audit by
authorized personnel of the department during normal business
hours.

(2) The filing fee imposed and collected pursuant to subdivision
(d) shall be remitted monthly to the department within 30 days
after the end of each month. The remittance shall be accompanied
with the information required pursuant to paragraph (1). The
amount of fees due shall be reported on forms prescribed and
provided by the department.

(3) The department shall assess a penalty of 10 percent of the
amount of fees due for a failure to remit the amount payable when
due. The department may pursue collection of delinquent fees
through the Controller’s office pursuant to Section 12419.5 of the
Government Code.

(f) Notwithstanding Section 12000, failure to pay the fee under
subdivision (d) is not a misdemeanor. All unpaid fees are a
statutory assessment subject to collection under procedures as
provided in the Revenue and Taxation Code.

(g) Only one filing fee shall be paid for each project unless the
project is tiered or phased, or separate environmental documents
are required.

(h) This section does not preclude or modify the duty of the
department to recommend, require, permit, or engage in mitigation
activities pursuant to the California Environmental Quality Act.

(i) The permit process of the California Coastal Commission,
as certified by the Secretary of the Resources Agency, is exempt
from the payment of the filing fees prescribed by paragraph (4) of
subdivision (d) insofar as the permits are issued under any of the
following regulations:

(1) Subchapter 4 (commencing with Section 13136) of Chapter
5 of Division 5.5 of Title 14 of the California Code of Regulations.

(2) Subchapter 1 (commencing with Section 13200), Subchapter
3 (commencing with Section 13213), Subchapter 3.5 (commencing
with Section 13214), Subchapter 4 (commencing with Section
13215), Subchapter 4.5 (commencing with Section 13238),
Subchapter 5 (commencing with Section 13240), Subchapter 6
(commencing with Section 13250), and Subchapter 8 (commencing
with Section 13255.0) of Chapter 6 of Division 5.5 of Title 14 of
the California Code of Regulations.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 7860 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

7860.  

(a) Except as provided in subdivision (f) or (g), no
person who is 18 years of age or more and less than 70 years of
age, on or before April 1 of the current license year, shall take
salmon for commercial purposes or be on board a vessel on which
salmon are taken for commercial purposes while salmon are being
taken or transported unless that person has a commercial fishing
salmon stamp issued pursuant to this section affixed to his or her
commercial fishing license.

(b) Except as provided in subdivision (f) or (g), the operator of
a vessel on which salmon are taken for commercial purposes shall
not permit a person on board that vessel while salmon are being
taken or transported unless that person was less than 18 years of
age or 70 years of age or more on April 1 of the current license
year or that person has a commercial fishing salmon stamp affixed
to the person’s commercial fishing license.

(c) Except as provided in begin delete subdivision (b) of Section 7852.3 and end delete
this subdivision, the department shall issue a commercial fishing
salmon stamp upon application therefor and payment of the fee of
eighty-five dollars ($85). For any commercial salmon season
preceded by a commercial salmon season in which the commercial
troll salmon landings in this state equal or exceed 3,000,000 pounds
dressed weight, as determined by the department, the fee shall be
increased by twelve dollars and fifty cents ($12.50) for every
250,000 pounds over 3,000,000 pounds of dressed weight landings,
except that the total fees as adjusted shall not exceed two hundred
sixty dollars ($260).

(d) A commercial fishing salmon stamp is valid during the
commercial salmon season of the year in which it was issued.

(e) Notwithstanding Section 1053, upon application and payment
of an additional fee equal to that prescribed in subdivision (c), the
department may issue an additional commercial fishing salmon
stamp for a crewmember to the owner or operator of a vessel who
holds a commercial fishing salmon stamp.

(f) Notwithstanding subdivision (a), one crewmember of a vessel
for which a commercial fishing salmon stamp is issued pursuant
to subdivision (e) may be aboard that vessel and take salmon for
commercial purposes as a crewmember on that vessel without
obtaining a commercial fishing salmon stamp under the following
conditions:

(1) The crewmember is designated by name and commercial
fishing license number on a form furnished by the department
before salmon are taken on the vessel when that crewmember is
aboard.

(2) The crewmember has a valid commercial fishing license
issued under Section 7850.

(3) The commercial fishing salmon stamp for the crewmember
is affixed to the form prescribed in paragraph (1) on which the
vessel registration number of the vessel is entered and on which
the crewmember who is exempted by this subdivision is designated
by the last entered name and commercial fishing license number.

(g) Persons who are exempt from the license requirements, or
who are not required to be licensed, pursuant to Section 7850, are
exempt from the requirements of this section.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 7861 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

7861.  

(a) After deducting the administrative costs for issuing
the commercial fishing salmon stamps, the department shall deposit
the fees received pursuant to begin delete subdivision (b) of Section 7852.3
and end delete Section 7860 in the Commercial Salmon Stamp begin delete Account end delete
begin insert Dedicated Subaccount, which is hereby established end insert in the Fish and
Game Preservation Fund. The money in the begin delete account end delete begin insert subaccount end insert
shall be available to the department, upon appropriation by the
Legislature, for new or expanded salmon restoration and
enhancement programs in the state that will serve to increase ocean
salmon landings. No money in this begin delete account end delete begin insert subaccount end insert shall be
used in lieu of other funds appropriated for salmon restoration and
enhancement programs authorized by law on or before January 1,
1988.

(b) (1) Thirty dollars ($30) of the fees collected for each
commercial fishing salmon stamp issued shall be allocated by the
department to be used for raising chinook salmon to a yearling
size, at which size they shall be released into state waters. The
amount of salmon stamp revenues expended for this purpose in
any fiscal year shall not exceed the amount expended by the
department for the same purpose during the same period from
other funds. The calculation of the amount expended by the
department for this purpose shall not include expenditures made
by the department for which reimbursements are received from
state or federal agencies, public utilities, or private entities for
raising chinook salmon to yearling size as part of a fish mitigation
program instituted to compensate for the adverse effect of a dam
on natural salmon production. If the department expends no funds
other than moneys collected from the sale of commercial fishing
salmon stamps or moneys for which reimbursements are received
as part of an anadromous fish mitigation program for the raising
of chinook salmon to yearling size within the period of a fiscal
year, the fees prescribed in Section 7860 shall be reduced by an
amount equivalent to that portion of the commercial fishing salmon
stamp program, as specified in this subdivision.

(2) If the salmon stamps issued pursuant to Section 7860 raise
more money for the purpose of this subdivision than is necessary
to match the funds expended by the department during any fiscal
year from other funds, then the excess salmon stamp revenue
allocated pursuant to this subdivision shall be carried over into the
following fiscal year.

(c) The department shall post on its Internet Web site an
accounting of the projects undertaken with funds from the
Commercial Salmon Stamp begin delete Account end delete begin insert Dedicated Subaccount end insert and
the costs incurred to administer the program. At a minimum, the
Internet Web site shall list the project title, the applicant, a brief
description of the project, the amount approved, and the status of
the project.

begin insert

(d) Any moneys that were in the Commercial Salmon Stamp
Account as of March 14, 2013, and that were retained in the Fish
and Game Preservation Fund shall be transferred to the
Commercial Salmon Stamp Dedicated Subaccount.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 7861.1 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

7861.1.  

Not more than 15 percent of the funds expended
pursuant to Section 7861 may be used to pay the costs incurred in
the administration of the program. begin delete Interest derived from the
Commercial Salmon Stamp Account shall be deposited in the Fish
and Game Preservation Fund to help defray ongoing operational
costs of the department. end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 7861.2 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

7861.2.  

Notwithstanding begin delete any provision of end delete any other begin delete code end delete begin insert law end insert ,
the department may receive on behalf of the Commercial Salmon
Trollers Enhancement and Restoration Program, for deposit in the
Commercial Salmon Stamp begin delete Account end delete begin insert Dedicated Subaccount end insert in the
Fish and Game Preservation Fund established pursuant to Section
7861, funds from sources in addition to funds derived from the
sale of commercial fishing salmon stamps, including, but not
limited to, grants from the federal government, grants from private
foundations, money disbursed from court settlements, and
donations and bequeaths from individuals. The additional
nonfederal funds shall not be deposited in the Commercial Salmon
Stamp begin delete Account end delete begin insert Dedicated Subaccount end insert unless the person or entity
providing the funds specifically designates in writing, prior to or
at the time of transmittal of the funds to the department, that the
funds are intended solely for deposit to that begin delete account end delete begin insert subaccount end insert .
Funds received by the department that are not designated at the
time of receipt as being intended solely for deposit to the
Commercial Salmon Stamp begin delete Account end delete begin insert Dedicated Subaccount end insert shall
be deposited in the Fish and Game Preservation Fund.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 7861.5 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

7861.5.  

In consultation with the Commercial Salmon Trollers
Advisory Committee, the department may allocate funds from the
Commercial Salmon Stamp begin delete Account end delete begin insert Dedicated Subaccount in the
Fish and Game Preservation Fund end insert for the following purposes:

(a) For restoration projects to assist in the recovery of salmon
stocks listed as threatened or endangered under Chapter 1.5
(commencing with Section 2050) of Division 3, or the federal
Endangered Species Act (16 U.S.C. Sec. 1531 et seq.).

(b) As matching funds for federal salmon restoration moneys.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 7862.5 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

7862.5.  

(a) The Commercial Salmon Trollers Advisory
Committee established under Section 7862 may recommend to the
director that a nonprofit organization or the California Salmon
Council be authorized to create or contract to create salmon or
salmon fishing artwork and other materials based on that artwork,
including, but not limited to, a stamp, and offer those items for
sale to the public during 2003 and thereafter, for the purpose of
augmenting funding for the Commercial Salmon Trollers
Enhancement and Restoration Program established under this
article.

(b) The committee may not recommend a nonprofit organization
or the California Salmon Council as authorized under subdivision
(a), unless all of the following conditions are met:

(1) The proposed creation and sale of the artwork is pursuant
to a written business plan presented to the committee.

(2) The committee determines that a reasonable share of the
sales of any stamp will be remitted to the department for deposit
into the Commercial Salmon Stamp begin delete Account end delete begin insert Dedicated Subaccount end insert
established in the Fish and Game Preservation Fund under Section
7861.

(3) The committee determines that the creation and sale of the
artwork will act to increase public awareness and support for the
salmon stamp program and the restoration of salmon and their
habitats in the state.

(4) Any other conditions deemed necessary by the committee
for determining whether to recommend approval to the director
have been met.

(c) The director, upon receiving the recommendation of the
committee, and upon finding that there will be no new costs to the
department, may authorize the recommended entity to create or
contract to create salmon or salmon fishing artwork and other
materials based on that artwork, including, but not limited to, a
stamp, and offer those items for sale to the public, for the purpose
described in subdivision (a).

(d) No person or entity, including, but not limited to, any
nonprofit organization, may use the name of the Commercial
Salmon Stamp, the Commercial Salmon Trollers Advisory
Committee, or the Commercial Salmon Trollers Enhancement and
Restoration Program for the sale of artwork and other materials,
unless that person or entity has been approved by the director under
this section for that purpose. The approval of the director under
this section shall be for one year, after which the approval may be
renewed for an additional year, upon recommendation of the
committee.

(e) No artwork sold in the form of a stamp under this section
conveys to the purchaser any entitlement to engage in the
commercial salmon fishery.

(f) Proceeds from the sales of artwork and other materials sold
under this section, after deduction of all reasonable costs borne by
the nonprofit organization or California Salmon Council for
creation of the artwork and conducting the sales, shall be deposited
in the Commercial Salmon Stamp begin delete Account end delete begin insert Dedicated Subaccount end insert .

begin delete SECTION 1. end delete
begin insert SEC. 8. end insert   

Section 7863 of the Fish and Game Code is amended
to read:

7863.  

This article shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2019, deletes or extends that date.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 76953.5 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76953.5.  

(a) Before the referendum vote is conducted by the
director, the proponents of the council shall deposit with the
director the amount that the director determines is necessary to
defray the expenses of preparing the necessary lists and information
and conducting the referendum vote.

(b) Any funds not used in carrying out this article shall be
returned to the proponents of the council who deposited the funds
with the director.

(c) Upon establishment of the council, the council may
reimburse the proponents of the council for any funds deposited
with the director begin delete which end delete begin insert that end insert were used in carrying out this article,
and for any legal expenses and costs incurred in establishing the
council.

(d) After approval by the Commercial Salmon Trollers Advisory
Committee created pursuant to Section 7862 of the Fish and begin delete Game end delete
begin insert Wildlife end insert Code, the Department of Fish and Game may expend
funds collected pursuant to Section 7861 of the Fish and Game
Code, for payment to the Director of Food and Agriculture to pay
necessary costs incurred in conducting the implementation
referendum vote. If a majority of the commercial salmon vessel
operators who voted at the implementation referendum voted in
favor of implementing this article, as provided in Section 76952,
the council shall reimburse the Commercial Salmon Stamp begin delete Account end delete
begin insert Dedicated Subaccount end insert in the Fish and Game Preservation Fund
all amounts received from that fund.

begin delete SEC. 2. end delete
begin insert SEC. 10. end insert   

 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.