BILL NUMBER: AB 571 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2009
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 Sections 8254
and 9010 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.
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, impose, in addition to the permit fee,
a supplemental fee of $300 of the permit fee would
, to 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 in the Fish and Game
Preservation Fund . The bill would require that money in the
account be expended by the Secretary of the Ocean Protection
Council department , upon appropriation by the
Legislature, exclusively to fund specified projects and programs to
improve lobster sustainability and management. The bill would create
a 5-member Lobster Management Enhancement Advisory Committee to
recommend to the council department
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management enhancement provisions would be repealed on January 1,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.
Existing law prescribes the construction and dimensions of a wire
lobster trap.
This bill would revise the prescribed dimensions of wire lobster
traps, and would add provisions relating to the use of a wire to hold
the escape gap in place.
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) 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 In addition
to the fee imposed pursuant to 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 a person described in subdivision (b) of
Section 8254 shall also pay a three hundred dollar ($300)
supplemental fee. The supplemental fee shall be known as the
Lobster Management Enhancement Supplement. The department shall
deposit Lobster Management Enhancement Supplement revenues in the
Lobster Management Enhancement Account in the Fish and Game
Preservation Fund pursuant to Section 8262.
(b) Section 713 does not apply to the Lobster Management
Enhancement Supplement.
(b)
(c) 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.
is hereby established in the Fish and Game
Preservation Fund. The money in the account, upon appropriation
by the Legislature, shall be expended by the Secretary of
the Ocean Protection Council be expended by the
department exclusively for projects and programs to improve
lobster sustainability and management consistent with subdivision
(b). The department shall maintain the internal accountability
necessary to ensure that expenditure of funds from the account is
consistent with the requirements and purposes of this article. The
department shall annually provide to the committee a full accounting
of expenditures from the account and make that information available
to the public.
(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, 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 Preparation
of a lobster fishery management plan.
(c) The Secretary of the Ocean Protection Council shall fund only
projects and programs pursuant to this article that are consistent
(c) The director shall not fund any
project or program pursuant to this article that the director
determines to be inconsistent with the priorities identified
pursuant to subdivision (b) and with this article.
(d) Department administrative overhead, collection, or other
charges shall not exceed 5 15 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 or who is a
biological scientist actively involved in lobster research and who is
affiliated with a college or university within the state. A member
appointed pursuant to this paragraph and his or her alternate shall
be appointed by the director from licensed lobster permittees and
scientists who have submitted their names for consideration .
(2) Two members, each with an alternate, selected from the
(2) Three members, each with an
alternate, appointed by 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)
(3) The director, or his or her designee.
(b) The Except for a biological scientist
member appointed pursuant to paragraph (1) of subdivision (a), 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. permit.
(d)
(c) A vote by the committee is not valid unless all
five members or their alternates are present to vote.
(e)
(d) The committee shall recommend to the
council department 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 department 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
department , 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.
SEC. 5. Section 9010 of the Fish and
Game Code is amended to read:
9010. (a) Subject to Article 5 (commencing with Section 8250) of
Chapter 2, spiny lobster may be taken with lobster traps under a
lobster permit issued pursuant to Section 8254.
(b) Notwithstanding Sections 8660 and 8665, lobster traps may be
used in any area of the state not otherwise closed to the taking of
lobsters up to, but not closer than, 75 feet of any private pier,
wharf, jetty, breakwater, or dock.
(c) A wire lobster trap shall be built of rectangular wire mesh
with inside mesh measurement not less than 1
7/8 1 1/2 inches by
3 7/8 3 1/2
inches, the 3 7/8
-inch 3 1/2 inch
measurement to be parallel to the floor of the trap. A wire lobster
trap shall be fitted with at least one rigid rectangular escape gap
with an inside measurements
vertical measurement not less than 23/8 inches by
at all points and an inside horizont al
measurement of not less than 111/2 inches at all points
. The horizontal sides of the escape gap shall be
located parallel to, and the escape gap within
two 2 3/8 inches of the floor on any
outside wall of, the rearmost chamber of the lobster trap and shall
be clearly accessible to the lobsters.
(d) Notwithstanding subdivision (c), wire may be used to hold the
escape gap in place that reduces the inside vertical or horizontal
measurement of the escape gap specified in subdivision (c), but only
if all of the following requirements are met:
(1) The overall diameter of the wire, including any coating on the
wire, shall measure less than the diameter of 10 gauge wire.
(2) A maximum of one wire wrap shall be located on each vertical
side of the escape gap.
(3) A maximum of two wire wraps shall be located on the bottom
horizontal side of the escape gap.
(4) Wire shall not be used on the top horizontal side of the
escape gap.
(5) Each wire shall be tightly wrapped against the inside surface
of the escape gap and shall not pass over the inside surface more
than once. As used in this paragraph, "tightly wrapped" means no
space exists at any time between the wire and the inside surface of
the escape gap.
(d)
(e) A lobster trap constructed of lath or other
material shall have an opening to allow a means of escape along the
full length of one side of the rearmost chamber. The escape opening
shall be of a spacing of not less than 23/8 inches, and the spacing
shall be located parallel to, and within two 2
3/8 inches of, the floor of the lobster trap.