BILL NUMBER: AB 571 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Saldana
FEBRUARY 25, 2009
An act to amend Section 8254 of, to add and repeal Section
8254.5 of, and to add and repeal Article 5.5 (commencing with
Section 8260) to of 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 amended, Saldana. Commercial fishing: lobster
stamp management enhancement .
Existing law prohibits the taking of lobsters for commercial
purposes except under a valid lobster permit issued by the Department
of Fish and Game. The base permit fee for a lobster permit is
$265.
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. , commencing April 1, 2010, and until
March 31, 2015, would increase the permit fee for a lobster permit
to $565. Under the bill, $300 of the permit fee would be known as the
Lobster Management Enhancement Supplement. The bill
would require the department to deposit stamp
supplement revenues in the Commercial
Lobster Stamp Management Enhancement
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 to fund specified
projects and programs that support long-term conservation or
improved management, or both, of the California spiny lobster fishery
. The bill would require the council to appoint a 5-member
Commercial Lobster Stamp
Management Enhancement Advisory Committee to recommend to the
council projects and programs 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 moneys. Those lobster
management enhancement provisions would be repealed on January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 no .
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 fisherwomen and food for
consumers.
(b) California's lobster fishermen
commercial and recreational lobster fishermen and fisherwomen ,
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
fishing associations will greatly benefit from an established
mechanism that will provide a steady source of funds for projects
that promote the longterm long-term
conservation and improved management of the California spiny lobster
fishery.
SEC. 2. Section 8254 of the Fish and
Game Code is amended to read:
8254. (a) Lobsters shall not be taken for commercial purposes
except under a valid lobster permit issued to that person that has
not been suspended or revoked, subject to regulations adopted by the
commission.
(b) Every person who takes, assists in taking, possesses, or
transports lobsters for commercial purposes while on any boat, barge,
or vessel, or who uses or operates or assists in using or operating
any boat, net, trap, line, or other appliance to take lobsters for
commercial purposes, shall have a valid lobster permit.
(c) The Except as provided in Section
8254.5, the permit fee for a lobster permit is two hundred
sixty-five dollars ($265).
(d) The fee for a lobster crewmember permit is one hundred
twenty-five dollars ($125).
(e) For the purposes of this section, it is prima facie evidence
that lobster is taken for commercial purposes if the possession of
lobster is more than three times the sport bag limit.
SEC. 3. Section 8254.5 is added to the
Fish and Game Code , to read:
8254.5. (a) Notwithstanding subdivision (c) of Section 8254,
commencing April 1, 2010, the permit fee for a lobster permit shall
be five hundred sixty-five dollars ($565). Three hundred dollars
($300) of the permit fee is a surcharge and shall be known as the
Lobster Management Enhancement Supplement. The department shall
deposit Lobster Management Enhancement Supplement revenues in the
Lobster Management Enhancement Account pursuant to Section 8262.
(b) This section shall become inoperative on March 31, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. SEC. 4. 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 Management
Enhancement Supplement
8260. As used in this article:
(a) "Account" means the Commercial Lobster Stamp
Lobster Management Enhancement Account
established in Section 8262.
(b) "Committee" means the Commercial Lobster Stamp
Lobster Management Enhancement Advisory
Committee established pursuant to Section 8263.
(c) "Council" means the Ocean Protection Council established in
Section 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.
8262. (a) Lobster Management Enhancement Supplement revenues
received by the department pursuant to Section 8254.5, and any
interest earned on those revenues, shall be deposited monthly in the
Lobster Management Enhancement 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 projects and programs to improve
lobster conservation and management consistent with subdivision (b).
(b) Projects and programs recommended by the committee shall
support long-term conservation or improved management, or both, of
the California spiny lobster fishery, consistent with Section 35650
of the Public Resources Code. Potential projects and programs
include, but are not limited to, all of the following:
(1) Purchasing lobster permits or trap certificates to address
overcapitalization in the fishery.
(2) Obtaining Marine Stewardship Council sustainability
certification.
(3) Implementing new management approaches that optimize catch per
unit effort and create incentives for ecosystem improvement.
(4) Repaying any California Fisheries Fund loans.
(5) Conducting research leading to informed and strategic
management of the fishery.
(6) Planning and development of a lobster fishery management plan.
(c) Moneys in the account shall not be expended for a project or
program unless the expenditure has been approved by both the
Secretary of the Ocean Protection Council and a majority of the
members of the committee.
(d) Department administrative overhead, collection, or other
charges shall not exceed 1 percent of the annual expenditures from
the account.
(e) Council administrative overhead, collection, or other charges
shall not exceed 1 percent of the annual expenditures from the
account.
8263. (a) The council shall appoint a Commercial Lobster
Stamp Lobster Management Enhancement Advisory
Committee, consisting of five members, as follows.
(1) Two members, each One member,
with an alternate, representative of the state's commercial lobster
interests fishermen and fisherwomen .
(2) One member Two members, each with an
alternate, selected from the membership of the California
Lobster Trap Fishery and Trap Fishermen's
Association. This subdivision does not prohibit persons
selected pursuant to paragraph (1) from also being a member of the
California Lobster Trap Fishery and Trap
Fishermen's Association.
(3) The Secretary of the Ocean Protection Council , or his or
her designee .
(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.
(b) The committee members selected pursuant to paragraphs (1) and
(2) of subdivision (a) and their alternates shall be selected by the
Secretary of the Ocean Protection Council from names of persons
submitted by licensed California commercial lobster fishermen and
fisherwomen. The Secretary of the Ocean Protection Council shall
appoint persons to the committee who possess knowledge and experience
in subjects that are of specific value to the committee.
(c) The committee members selected pursuant to paragraphs (1) and
(2) of subdivision (a) or their alternates shall receive actual and
necessary traveling expenses incurred in conformance with
reimbursement procedures established by the council. Travel expenses
shall be paid from the account.
(d) A term of appointment to the committee shall not be more than
five years.
(e) The committee shall recommend to the council projects and
programs consistent with subdivision (b) of Section 8262 and budgets
for the expenditure of moneys received pursuant to this article.
(f) The council shall prepare and submit to the committee an
annual report that includes both of the following:
(1) An accounting of funds deposited into and expended from the
account, including, but not limited to, the number of permits sold,
revenues generated, moneys expended, and the status and actual
project expenditures of projects or programs funded pursuant to this
article.
(2) A statement of the council's reasoning in cases in which the
council does not follow committee recommendations made pursuant to
subdivision (e).
(g) In furtherance of the purposes articulated in subdivision (c)
of Section 8262, the council may contract with, or offer grants to,
nonprofit commercial fishery organizations.
(h) The council may act as fiscal agent for the committee.
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 permits
, 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.