BILL NUMBER: SB 778	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wiggins

                        FEBRUARY 27, 2009

   An act to amend Section 7860 of the Fish and Game Code, relating
to commercial fishing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 778, as introduced, Wiggins. Commercial fishing: salmon stamp.
   Existing law, until January 1, 2012, prohibits specified persons
from taking salmon for commercial purposes unless the person has a
commercial fishing salmon stamp affixed to his or her commercial
fishing license. Existing law requires the Department of Fish and
Game to issue a commercial fishing salmon stamp, upon application for
the stamp and payment of a base fee of $85. That base fee is
required to be adjusted during specified commercial salmon seasons.
However, existing law prohibits the total fees, as adjusted, from
exceeding $260.
   This bill would delete an obsolete reference and make other
technical, nonsubstantive changes in those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7860 of the Fish and Game Code is amended to
read:
   7860.  (a) Except as provided in subdivision (f) or (g), 
no   a  person who is 18 years of age or more and
less than 70 years of age, on or before April 1 of the current
license year, shall  not  take salmon for commercial
purposes or be on board a vessel on which salmon are taken for
commercial purposes while salmon are being taken or transported 
,  unless that person has a commercial fishing salmon stamp
issued pursuant to this section affixed to his or her commercial
fishing license.
   (b) Except as provided in subdivision (f) or (g), the operator of
a vessel on which salmon are taken for commercial purposes shall not
permit a person on board that vessel while salmon are being taken or
transported ,  unless that person was less than 18 years of
age or 70 years of age or more on April 1 of the current license year
or that person has a commercial fishing salmon stamp affixed to the
person's commercial fishing license.
   (c) Except as provided in  subdivision (b) of Section
7852.3 and  this subdivision, the department shall issue a
commercial fishing salmon stamp upon application therefor and payment
of the fee of eighty-five dollars ($85). For any commercial salmon
season preceded by a commercial salmon season in which the commercial
troll salmon landings in this state equal or exceed 3,000,000 pounds
dressed weight, as determined by the department, the fee shall be
increased by twelve dollars and fifty cents ($12.50) for every
250,000 pounds over 3,000,000 pounds of dressed weight landings,
except that the total fees as adjusted shall not exceed two hundred
sixty dollars ($260).
   (d) A commercial fishing salmon stamp is valid during the
commercial salmon season of the year in which it  was
  is  issued.
   (e) Notwithstanding Section 1053, upon application and payment of
an additional fee equal to that prescribed in subdivision (c), the
department may issue an additional commercial fishing salmon stamp
for a crewmember to the owner or operator of a vessel who holds a
commercial fishing salmon stamp.
   (f) Notwithstanding subdivision (a), one crewmember of a vessel
for which a commercial fishing salmon stamp is issued pursuant to
subdivision (e) may be aboard that vessel and take salmon for
commercial purposes as a crewmember on that vessel without obtaining
a commercial fishing salmon stamp under the following conditions:
   (1) The crewmember is designated by name and commercial fishing
license number on a form furnished by the department before salmon
are taken on the vessel when that crewmember is aboard.
   (2) The crewmember has a valid commercial fishing license issued
under Section 7850.
   (3) The commercial fishing salmon stamp for the crewmember is
affixed to the form prescribed in paragraph (1) on which the vessel
registration number of the vessel is entered and on which the
crewmember who is exempted by this subdivision is designated by the
last entered name and commercial fishing license number.
   (g) Persons who are exempt from the license requirements, or who
are not required to be licensed, pursuant to Section 7850, are exempt
from the requirements of this section.