BILL NUMBER: AB 571 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Saldana
FEBRUARY 25, 2009
An act to add and repeal Article 5.5 (commencing with Section
8260) to Chapter 2 of Part 3 of Division 6 of the Fish and Game Code,
relating to commercial fishing, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 571, as introduced, Saldana. Commercial fishing: lobster stamp.
Existing law prohibits the taking of lobsters for commercial
purposes except under a valid lobster permit issued by the Department
of Fish and Game.
This bill would prohibit the taking of lobster for commercial
purposes without a commercial lobster stamp affixed to a valid
lobster permit. The bill would require the department to issue a
commercial lobster stamp upon application and payment of an
unspecified fee. The bill would require the department to deposit
stamp revenues in the Commercial Lobster Stamp Account, which the
bill would create. The bill would continuously appropriate money in
the account to the Ocean Protection Council for new or expanded
lobster projects in the state to improve lobster conservation and
management. The bill would require the council to appoint a 5-member
Commercial Lobster Stamp Advisory Committee to recommend to the
council projects and budgets for the expenditure of account revenues.
Money in the account would also be available, upon appropriation by
the Legislature, to the committee for the purpose of supporting
long-term conservation and improved management of the California
spiny lobster fishery. The provisions of the bill would be repealed
on January 1, 2014. Because a violation of the stamp requirement
would be a crime, this bill would impose a state-mandated local
program by creating a new crime.
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: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California's spiny lobster fishery is an important component
of California's marine ecosystem, as well as an important source of
jobs for California fishermen and food for consumers.
(b) California's lobster fishermen, primarily through
associations, should participate in the development and
implementation of new approaches to managing lobster fishing. Those
approaches should be designed to ensure economical and sustainable
fishing.
(c) California's lobster fishermen's associations will greatly
benefit from an established mechanism that will provide a steady
source of funds for projects that promote the longterm conservation
and improved management of the California spiny lobster fishery.
SEC. 2. Article 5.5 (commencing with Section 8260) is added to
Chapter 2 of Part 3 of Division 6 of the Fish and Game Code, to read:
Article 5.5. Lobster Stamp
8260. As used in this article:
(a) "Account" means the Commercial Lobster Stamp Account
established in Section 8262.
(b) "Committee" means the Commercial Lobster Stamp Advisory
Committee established pursuant to Section 8263.
(c) "Council" means the Ocean Protection Council established in
35600 of the Public Resources Code.
8261. (a) A person shall not take lobster for commercial purposes
unless that person has a commercial lobster stamp affixed to his or
her valid lobster permit.
(b) The department shall issue a commercial lobster stamp upon
application and payment of a base fee of ____ in the ____ license
year, which shall be adjusted annually thereafter pursuant to Section
713.
(c) The base fee may be adjusted annually by a majority vote of
the Commercial Lobster Stamp Advisory Committee established pursuant
to Section 8263, but shall not exceed ____.
(d) A commercial lobster stamp is valid during the commercial
lobster season of the year in which it was issued.
8262. Revenues received by the department from the fees imposed
by Section 8261, and any interest earned on those fees, shall be
deposited in the Commercial Lobster Stamp Account, which is hereby
established as a separate account of the California Ocean Protection
Trust Fund in the State Treasury. Notwithstanding Section 13340 of
the Government Code, the money in the account is continuously
appropriated to the council for new or expanded lobster projects in
the state to improve lobster conservation and management. Money in
the account shall also be available, upon appropriation by the
Legislature, to the committee for the purpose of supporting long-term
conservation and improved management of the California spiny lobster
fishery, consistent with Public Resources Code 35650, including, but
not limited to, all of the following:
(a) Purchasing transferable lobster permits in order to address
overcapitalization.
(b) Marine Stewardship Council certification.
(c) Implementing new management approaches that optimize catch per
unit effort and create incentives for ecosystem improvement.
(d) Payment of loans to the California Fisheries Fund.
(e) Department administrative overhead costs or collection costs,
not to exceed one percent of the annual expenditures from the
account.
(f) Committee administrative overhead costs or collection costs,
not to exceed three percent of the annual expenditures from the
account.
8263. (a) The council shall appoint a Commercial Lobster Stamp
Advisory Committee, consisting of five members, as follows.
(1) Two members, each with an alternate, representative of the
state's commercial lobster interests.
(2) One member selected from the membership of the California
Lobster Trap Fishery Association. This subdivision does not prohibit
persons selected pursuant to paragraph (1) from also being a member
of the California Lobster Trap Fishery Association.
(3) The Secretary of the Ocean Protection Council.
(4) The director, or his or her designee.
(b) The three fisherman committee members shall be selected from
names of persons submitted by commercial lobster fishermen of this
state. The council shall appoint persons to the committee who possess
knowledge and experience in subjects that are of specific value to
the committee.
(c) The term of appointment to the committee shall be not more
than four years.
(d) The committee shall recommend to the council projects and
budgets for the expenditure of revenues received pursuant to this
article. The council shall include these recommendations in the
Governor's Budget and shall not recommend funding or any project not
contained in the committee's recommendations.
(e) The council shall submit to the committee, at least annually,
an accounting of funds derived from the account, including the number
of stamps sold, funds generated and expended, and the status of
projects funded pursuant to this article.
(f) In furtherance of the purposes articulated in subdivision (b)
of Section 8262, the council may contract with, or offer grants to,
nonprofit commercial fishery organizations that, prior to January 1,
2010, were conducting projects consistent with this article.
8264. The council may receive funds for deposit in the account,
for purposes of this article, from sources other than the sale of
commercial fishing lobster stamps, including, but not limited to,
grants from the federal government, grants from private foundations,
money disbursed from court settlements, and donations and bequests
from individuals. Additional funds received pursuant to this section
shall not be deposited in the account 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 council, that the
funds are intended solely for deposit to that account.
8265. This article shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 3. 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.