BILL NUMBER: AB 489 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2009
INTRODUCED BY Assembly Member Huffman
FEBRUARY 24, 2009
An act to amend Section 8051 of Sections
8040 and 15003 of, to repeal Section 8051 of, and to repeal and add
Section 8042 of, the Fish and Game Code, relating to commercial
fishing.
LEGISLATIVE COUNSEL'S DIGEST
AB 489, as amended, Huffman. Commercial fishing.
Existing law regulating commercial fishing imposes, or authorizes
the imposition of, various license, permit, and registration fees.
Existing law requires specified persons to pay landing taxes
quarterly commercial fishing fees calculated on the
total weight of fish delivered , based on a rate
rate-per-pound schedule applicable to specified
aquatic species.
This bill would require payment of landing taxes
quarterly, based on that rate schedule, or pursuant to a rate as
determined by the Fish and Game Commission. delete
that fee requirement and that rate schedule, and, instead, impose a
fee calculated as a set percentage of the average ex-vessel price, as
defined, established by the Fish and Game Commission for a species
or complex of fish.
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. The Legislature finds and declares all
of the following:
(a) The Department of Fish and Game is responsible for managing
and protecting the state fisheries resources. As part of that
responsibility the department regulates, manages, and oversees
commercial fishing.
(b) The Department of Fish and Game receives revenue to fund
regulation, management, and oversight of commercial fishing in the
form of permit fees, licenses, stamps, landing taxes, and the General
Fund.
(c) Based on a 2005 report by the Department of Fish and Game, the
revenue received from the commercial fishing industry covers only 22
percent of the program costs. The report indicates that the
ex-vessel value of commercial fish landed in 2005 was approximately
$109 million and the landing tax revenue to the state equaled only
one percent or $1 million.
(d) In order to more equitably distribute the financial burden on
the commercial fishing industry and generate additional revenue to
fund the regulation, management, and oversight of commercial fishing,
it is the intent that a commercial landing tax in California should
be established, based on the ex-vessel value of the fish, as done in
Washington and Oregon.
SEC. 2. Section 8040 of the Fish and
Game Code is amended to read:
8040. The following definitions govern the construction of this
article.
(a) "Commercial fisherman" means a person who has a valid,
unrevoked commercial fishing license issued pursuant to Section 7850.
(b) "Landing tax" means a privilege tax imposed pursuant to this
article.
(c) "Ex-vessel price" means the price paid for fish at the time
the fish are delivered by the commercial fisherman to the fish
receiver or processor as described in Section 8041.
SEC. 3. Section 8042 of the Fish and
Game Code is repealed.
8042. The amount of the landing tax under this article shall be
determined by multiplying the tax rate for the type of fish delivered
by a commercial fisherman in this state in accordance with the
schedule in Section 8051 by the number of pounds, or fraction
thereof, delivered. If the tax is imposed based upon weight in the
round, and the fish is cleaned, gutted, beheaded, or otherwise not in
the round at the time of delivery, the taxes shall be adjusted by a
conversion factor as determined by the department by regulation.
SEC. 4. Section 8042 is added to the
Fish and Game Code , to read:
8042. (a) The amount of the landing tax under this article shall
be a percentage of the average ex-vessel price for that species or
complex of fish. As used in this section, "complex of fish" means a
group of fish species managed under the same federal or state fishery
management plan.
(b) The landing tax shall be set as follows:
(1) Beginning January 1, 2011, the percentage shall be 1 and
one-half percent of the average ex-vessel price for any species or
complex of fish.
(2) Beginning January 1, 2013, the percentage shall be 3 percent
of the average ex-vessel price for any species or complex of fish.
(c) The commission shall establish the average ex-vessel price for
each species or complex of fish for the purpose of this section
based on the prior year statewide average ex-vessel price.
SEC. 5. Section 8051 of the Fish and
Game Code is repealed.
8051. (a) The landing tax imposed pursuant to Section 8041 shall
be determined pursuant to Section 8042 by using the tax rates in the
following schedule:
Rate per
pound
(1) All fish, except as
otherwise specified in $0.0013
this section.......................
(2) Mollusks and crustaceans,
excluding squid .0125
and crab...........................
(3) Crab......................... .0019
(4) Squid........................ .0019
(5) Salmon, based only on the
weight in the .0500
round..............................
(6) Lobster...................... .0125
(7) Abalone...................... .0125
(8) Anchovies.................... .0013
(9) Sardines..................... .0063
(10) Mackerel..................... .0013
(11) Halibut...................... .0125
(12) Angel shark, based only on
the weight in .0113
the round..........................
(13) Swordfish, based only on the
weight in .0125
the round..........................
(14) Thresher shark, based only
on the weight .0113
in the round.......................
(15) Bonito shark, based only on
the weight in .0113
the round..........................
(16) Herring...................... .0125
(17) Sea urchin................... .0013
(18) The following
fish:..............................
Barracuda
Flying
fish
Frogs
Gaint sea .0125
bass
Saltwater
worms
White sea
bass
Yellowtail
(b) This section shall become operative on January 1, 1994.
SEC. 6. Section 15003 of the Fish and
Game Code is amended to read:
15003. (a) The department may assess a fee on persons growing
aquaculture products on public lands and in public waters based on
the price per pound of the products sold. The fees, if imposed, shall
be set at amounts necessary to defray the costs of the commission
and the department in administering this division. However, the fees
if any, may shall not exceed the tax
rates as provided in Section 8051 8042
.
(b) The price per pound for these taxation purposes shall be based
on the whole product weight or its equivalent as taken by the
lessee.
(c) The privilege tax imposed by this section shall be paid
monthly to the department within 30 days after the close of each
month. If not paid within 60 days after the close of the month in
which it is due, a 10 percent penalty shall be paid.
SECTION 1. Section 8051 of the Fish and Game
Code is amended to read:
8051. The landing tax imposed pursuant to Section 8041 shall be
determined pursuant to Section 8042 by using the tax rates in the
following schedule, or pursuant to a rate as determined by the
commission:
Rate per
pound
(1) All fish, except as
otherwise specified in this sec-
tion........................... $0.0013
(2) Mollusks and crustaceans,
excluding squid and
crab........................... .0125
(3) Crab......................... .0019
(4) Squid........................ .0019
(5) Salmon, based only on the .0500
weight in the round
(6) Lobster...................... .0125
(7) Abalone...................... .0125
(8) Anchovies.................... .0013
(9) Sardines..................... .0063
(10) Mackerel.................... .0013
(11) Halibut..................... .0125
(12) Angel shark, based only on
the weight in the
round.......................... .0113
(13) Swordfish, based only on
the weight in the
round......................... .0125
(14) Thresher shark, based only
on the weight in the
round.......................... .0113
(15) Bonito shark, based only on
the weight in the
round.......................... .0113
(16) Herring..................... .0125
(17) Sea urchin.................. .0013
(18) The following fish:......... .0125
Barracuda
Flying fish
Frogs
Giant sea bass
Saltwater worms
White sea bass
Yellowtail