BILL NUMBER: AB 571 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 14, 2009
AMENDED IN SENATE JUNE 18, 2009
AMENDED IN ASSEMBLY APRIL 15, 2009
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)
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
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, 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 supplement revenues in the Lobster Management
Enhancement Account, which the bill would create. The bill would
continuously appropriate require that
money in the account to the Ocean Protection Council
be expended by the Secretary of the Ocean Protection
Council, upon appropriation by the Legislature, exclusively to
fund specified projects and programs that support long-term
sustainability or improved management, or both, of the California
spiny lobster fishery to improv e lobster
sustainability and management . The bill would create a
5-member Lobster Management Enhancement Advisory Committee to
recommend to the council projects and programs and budgets for the
expenditure of account moneys , including a plan to prioritize
expenditures . Those lobster management enhancement provisions
would be repealed on January 1, 2016.
Vote: majority. Appropriation: yes 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) 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 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 fishing associations will greatly benefit
from an established mechanism that will provide a steady source of
funds for projects that promote the long-term sustainability 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) 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. 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 Management Enhancement Supplement
8260. As used in this article:
(a) "Account" means the Lobster Management Enhancement Account
established in Section 8262.
(b) "Committee" means the 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.
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 The money
in the account, upon appropriation by the Legislature, shall be
expended by the Secretary of the Ocean Protection Council exclusively
for projects and programs to improve lobster sustainability
and management consistent with subdivision (b).
(b) Projects and programs recommended by the committee shall
(b) The committee shall develop a plan
that prioritizes expenditures on projects and programs that
support long-term sustainability 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 Code,
including, but not limited to, all of the following:
(1) Obtaining Marine Stewardship Council sustainability
certification.
(2) Coordination and collaboration within the fishery to help
develop or improve new management approaches that optimize catch per
unit effort and create incentives for ecosystem improvement.
(3) Repaying loans for lobster fishery management improvement
projects.
(4) Conducting research leading to informed and strategic
management of the fishery.
(5) 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.
(c) The Secretary of the Ocean Protection Council shall fund only
projects and programs pursuant to this article that are consistent
with the priorities identified pursuant to subdivision (b) and with
this article.
(d) Department administrative overhead, collection, or other
charges shall not exceed 5 percent of the annual expenditures from
the account.
(e) Council administrative overhead, collection, or other charges
shall not exceed 5 percent of the annual expenditures from the
account.
8263. (a) The Lobster Management Enhancement Advisory Committee
is hereby created, consisting of five members, as follows.
(1) One member, with an alternate, representative of the state's
commercial lobster fishermen and fisherwomen.
(2) Two members, each with an alternate, selected from the
membership of the California Lobster 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 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 committee members described in paragraphs (1) and (2) of
subdivision (a) and their alternates shall hold a valid lobster
permit and members shall be elected by a majority of the holders of a
valid lobster permit to terms determined by a majority of the
holders of a valid lobster permit.
(c) The committee members elected 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 vote by the committee is not valid unless all five members
are present to vote.
(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 and to
the Legislature 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 (b)
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 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,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.