BILL NUMBER: AB 2504	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 29, 2012
	AMENDED IN ASSEMBLY  APRIL 26, 2012

INTRODUCED BY   Assembly Member Beth Gaines

                        FEBRUARY 24, 2012

   An act to  add Section 8491.5 to,   amend,
renumber, and add Section 8491 of,  and to repeal Section 8490
of, the Fish and Game Code, relating to commercial fishing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2504, as amended, Beth Gaines. Commercial fishing: crayfish.
   Existing law governing the commercial fishing of crayfish
prohibits the sale or purchase of crayfish taken from Lake Tahoe or
the Lake Tahoe Basin.
   This bill would repeal that provision.
   Existing law requires the taking of crayfish to be subject to
 such  regulations  as  
prescribed by  the Fish and Game Commission  may
prescribe  . 
   This bill would state legislative intent regarding the commercial
taking of crayfish in Lake Tahoe or the Lake Tahoe Basin. 

   This bill would authorize the department to establish a commercial
fishery for crayfish in Lake Tahoe. This bill would require any
allowance for the commercial taking of crayfish in Lake Tahoe to be
for the primary purpose of population reduction and control of the
signal crayfish, as prescribed. The bill would authorize the
department to impose a charge on participants in the commercial
fishery to reimburse the department and other applicable state
agencies for the reasonable costs of implementing and enforcing the
fishery. 
   This bill would require the commission to ensure that, with
respect to the taking of crayfish for commercial purposes in Lake
Tahoe  or in the Lake Tahoe Basin  , the commission'
s regulations are consistent with the Lake Tahoe Region Aquatic
Invasive Species Management Plan, as amended. 
   Existing law generally makes any violation of fish and game laws,
or of any rule, regulation, or order made or adopted under those
laws, a misdemeanor.  
   Because this bill would authorize the establishment of a
commercial crayfish fishing program, the violation of which would be
a crime, the bill would create a state-mandated local program by
creating new crimes.  
   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: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

  SECTION 1.  Section 8490 of the Fish and Game Code is repealed.

  SEC. 2.    Section 8491.5 is added to the Fish and
Game Code, to read:
   8491.5.  (a) It is the intent of the Legislature that any
allowance for the commercial taking of crayfish in Lake Tahoe or in
the Lake Tahoe Basin be for the primary purpose of population
reduction and control of the signal crayfish, an invasive species,
and that the commercial taking of crayfish be allowed only to the
extent that it is consistent with state goals for management of
invasive species and environmental standards.
   (b) The commission shall ensure that, with respect to the taking
of crayfish for commercial purposes in Lake Tahoe or in the Lake
Tahoe Basin, the commission's regulations are consistent with the
Lake Tahoe Region Aquatic Invasive Species Management Plan, as
amended. 
   SEC. 2.    Section 8491 of the   Fish and
Game Code   is amended and renumbered to read: 
    8491.   8490.   The taking of crayfish
shall be subject to  such  regulations as 
prescribed by  the commission  may prescribe  .

   SEC. 3.    Section 8491 is added to the  
Fish and Game Code   , to read:  
   8491.  (a) The department may establish a commercial fishery for
crayfish in Lake Tahoe.
   (b)  Any allowance for the commercial taking of crayfish in Lake
Tahoe shall be for the primary purpose of population reduction and
control of the signal crayfish, an invasive species. The department
may allow the commercial taking of crayfish only to the extent that
it is consistent with state goals for management of invasive species
and environmental standards.
   (c) The commission shall ensure that, with respect to the taking
of crayfish for commercial purposes in Lake Tahoe, the commission's
regulations are consistent with the Lake Tahoe Region Aquatic
Invasive Species Management Plan, as amended.
   (d) The department may impose a charge on participants in the
commercial fishery to reimburse the department and other applicable
state agencies for the reasonable costs of implementing and enforcing
the commercial crayfish fishery, including, but not limited to, the
costs incurred by the department or other applicable state agencies
to comply with the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code). 
   SEC. 4.    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.