Bill Text: CA AB1253 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Coastal resources: California Coastal Act of 1976:

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2010-06-16 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1253 Detail]

Download: California-2009-AB1253-Introduced.html

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BILL NUMBER: AB 1253	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuller

                        FEBRUARY 27, 2009

   An act to amend Sections 711.4, 2363, 2764, 7361, 7856, 8370,
8371, 8670, 8685.5, 8685.6, 8685.7, 8756, and 15301 of, to add
Section 2305 to, and to repeal Section 2359 of, the Fish and Game
Code, and to amend Section 5841.5 of the Public Resources Code,
relating to fish.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1253, as introduced, Fuller. Striped bass.
   Existing law regulating fishing imposes various restrictions on
the take, transport, and sale of specified fish, including striped
bass.
    Existing law, until January 1, 2010, requires the funds generated
by the imposition of a Bay-Delta Sport Fishing Enhancement Stamp or
validation to be deposited in a separate account in the Fish and Game
Preservation Fund, to be used solely for the long term, sustainable
benefit of the primary Bay-Delta sport fisheries, as specified,
including the striped bass fishery.
   This bill would prohibit a person from possessing, importing,
shipping, or transporting in the state, or placing, planting, or
causing to be placed or planted in any water within the state,
striped bass. The bill would subject any person who violates that
prohibition, or who resists, delays, obstructs, or interferes with
its implementation, to a civil penalty of not less than $500 and not
more than $10,000. The bill would require the Department of Fish and
Game to adopt regulations to carry out those provisions. The bill
would delete striped bass from various existing provisions
restricting the take, transport, and sale of specified fish. The bill
would delete the striped bass fishery from the fisheries for which
Bay-Delta Sport Fishing Enhancement Stamp revenues are to be used.
   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.  (a) Fish of the genus Morone (striped bass) are a
harmful and highly invasive species that is not native to this state.

   (b) Striped bass, including hybrid species commonly referred to as
sunshine bass, palmetto bass, wiper, Virginia bass, Maryland bass,
and paradise bass, are native to the eastern coast of the United
States, and are typically found from Florida to the St. Lawrence
Seaway. Striped bass were intentionally introduced to California in
1879 from the Navesink River in New Jersey.
   (c) Striped bass are common in the San Francisco
Bay-Sacramento-San Joaquin River Delta, and are estimated to have a
population that has fluctuated from a low of 600,000 to a high of
3,000,000.
   (d) Striped bass are known to prey upon and consume a variety of
native fish species valued by the people of this state that are
protected under the state and federal endangered species acts,
including Sacramento River winter-run Chinook salmon, Central Valley
spring-run Chinook salmon, Central Valley steelhead, and delta smelt.

   (e) The predation habits and diet of striped bass are contributing
to the decline and extirpation of native fish species populations
from the San Francisco Bay-Sacramento-San Joaquin River Delta.
   (f) In order to protect and preserve the existing populations of
native fish species that live in and migrate through the San
Francisco Bay and Sacramento-San Joaquin River Delta, it is the
intent of the Legislature to establish an effective program to
prevent additional striped bass from entering the state, to
discourage the promotion of the San Francisco Bay-Sacramento-San
Joaquin River Delta as a striped bass sport fishery, to immediately
end any existing program for the enhancement, expansion, or
improvement of striped bass populations and their habitat, and to
eliminate any and all legal restrictions regarding the size or number
of striped bass that may be taken, and the season or location in
which striped bass may be taken, pursuant to a valid California
fishing license.
  SEC. 2.  Section 711.4 of the Fish and Game Code is amended to
read:
   711.4.  (a) The department shall impose and collect a filing fee
in the amount prescribed in subdivision (d) to defray the costs of
managing and protecting fish and wildlife trust resources, including,
but not limited to, consulting with other public agencies, reviewing
environmental documents, recommending mitigation measures,
developing monitoring requirements for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), consulting pursuant to Section
21104.2 of the Public Resources Code, and other activities protecting
those trust resources identified in the review pursuant to the
California Environmental Quality Act.
   (b) The filing fees shall be proportional to the cost incurred by
the department and shall be annually reviewed and adjustments
recommended to the Legislature in an amount necessary to pay the full
costs of department programs as specified. The department shall
annually adjust the fees pursuant to Section 713.
   (c) (1) All project applicants and public agencies subject to the
California Environmental Quality Act shall pay a filing fee for each
proposed project, as specified in subdivision (d).
   (2) Notwithstanding paragraph (1), a filing fee shall not be paid
pursuant to this section if any of the following conditions exist:
   (A) The project has no effect on fish and wildlife.
   (B) The project is being undertaken by the department.
   (C) The project costs are payable by the department from any of
the following sources that are held by the department:
   (i) The Public Resources Account in the Cigarette and Tobacco
Products Surtax Fund.
   (ii) The California Wildlife, Coastal, and Park Land Conservation
Fund of 1988.
   (iii) The Habitat Conservation Fund.
   (iv) The Fisheries Restoration Account in the Fish and Game
Preservation Fund.
   (v) The Commercial Salmon Stamp Account in the Fish and Game
Preservation Fund. 
   (vi) Striped bass stamp funds collected pursuant to Section 7360.
 
   (vii) 
    (vi)  The California Ocean Resource Enhancement Account.

   (D) The project is implemented by the department through a
contract with either a nonprofit entity or a local government agency.

   (3) Filing fees shall be paid at the time and in the amount
specified in subdivision (d). Notwithstanding Sections 21080.5 and
21081 of the Public Resources Code, a project shall not be operative,
vested, or final, and local government permits for the project shall
not be valid, until the filing fees required pursuant to this
section are paid.
   (d) The fees shall be in the following amounts:
   (1) For a project that is statutorily or categorically exempt from
the California Environmental Quality Act, including those certified
regulatory programs that incorporate statutory and categorical
exemptions, a filing fee shall not be paid.
   (2) For a project for which a negative declaration is prepared
pursuant to subdivision (c) of Section 21080 of the Public Resources
Code, the filing fee is one thousand eight hundred dollars ($1,800).
A local agency collecting the filing fee shall remit the fee to the
county clerk at the time of filing a notice of determination pursuant
to Section 21152 of the Public Resources Code. A state agency
collecting the filing fee shall remit the fee to the Office of
Planning and Research at the time of filing a notice of determination
pursuant to Section 21108 of the Public Resources Code.
   (3) For a project with an environmental impact report prepared
pursuant to the California Environmental Quality Act, the filing fee
is two thousand five hundred dollars ($2,500). A local agency
collecting the filing fee shall remit the fee to the county clerk at
the time of filing a notice of determination pursuant to Section
21152 of the Public Resources Code. A state agency collecting the
filing fee shall remit the fee to the Office of Planning and Research
at the time of filing a notice of determination pursuant to Section
21108 of the Public Resources Code.
   (4) For a project that is subject to a certified regulatory
program pursuant to Section 21080.5 of the Public Resources Code, the
filing fee is eight hundred fifty dollars ($850). The filing fee
shall be paid to the department before the filing of the notice of
determination pursuant to Section 21080.5 of the Public Resources
Code.
   (e) The county clerk may charge a documentary handling fee of
fifty dollars ($50) per filing in addition to the filing fee
specified in subdivision (d).
   (1) The county clerk of each county and the Office of Planning and
Research shall maintain a record, both electronic and in paper, of
all environmental documents received. The record shall include, for
each environmental document received, the name of each applicant or
lead agency, the document filing number, the project name as approved
by the lead agency, and the filing date. The record shall be made
available for examination or audit by authorized personnel of the
department during normal business hours.
   (2) The filing fee imposed and collected pursuant to subdivision
(d) shall be remitted monthly to the department within 30 days after
the end of each month. The remittance shall be accompanied with the
information required pursuant to paragraph (1). The amount of fees
due shall be reported on forms prescribed and provided by the
department.
   (3) The department shall assess a penalty of 10 percent of the
amount of fees due for a failure to remit the amount payable when
due. The department may pursue collection of delinquent fees through
the Controller's office pursuant to Section 12419.5 of the Government
Code.
   (f) Notwithstanding Section 12000, failure to pay the fee under
subdivision (d) is not a misdemeanor. All unpaid fees are a statutory
assessment subject to collection under procedures as provided in the
Revenue and Taxation Code.
   (g) Only one filing fee shall be paid for each project unless the
project is tiered or phased, or separate environmental documents are
required.
   (h) This section does not preclude or modify the duty of the
department to recommend, require, permit, or engage in mitigation
activities pursuant to the California Environmental Quality Act.
   (i) The permit process of the California Coastal Commission, as
certified by the Secretary of the  Natural  Resources
Agency, is exempt from the payment of the filing fees prescribed by
paragraph (4) of subdivision (d) insofar as the permits are issued
under any of the following regulations:
   (1) Subchapter 4 (commencing with Section 13136) of Chapter 5 of
Division 5.5 of Title 14 of the California Code of Regulations.
   (2) Subchapter 1 (commencing with Section 13200), Subchapter 3
(commencing with Section 13213), Subchapter 3.5 (commencing with
Section 13214), Subchapter 4 (commencing with Section 13215),
Subchapter 4.5 (commencing with Section 13238), Subchapter 5
(commencing with Section 13240), Subchapter 6 (commencing with
Section 13250), and Subchapter 8 (commencing with Section 13255.0) of
Chapter 6 of Division 5.5 of Title 14 of the California Code of
Regulations.
  SEC. 3.  Section 2305 is added to the Fish and Game Code, to read:
   2305.  (a) Except as authorized by the department, a person shall
not possess, import, ship, or transport in the state, or place,
plant, or cause to be placed or planted in any water within the
state, striped bass.
   (b) (1) In addition to any other penalty provided by law, any
person who violates this section, or any order or regulation adopted
pursuant to this section, or who resists, delays, obstructs, or
interferes with the implementation of this section, is subject to a
civil penalty of not less than five hundred dollars ($500) and not
more than ten-thousand dollars ($10,000). The department may imposed
this civil penalty administratively.
   (2) A penalty shall not be imposed pursuant to paragraph (1)
unless the department has adopted regulations specifying the amount
of the penalty and the procedure for imposing and appealing the
penalty.
   (c) The department shall adopt regulations to carry out this
section.
  SEC. 4.  Section 2359 of the Fish and Game Code is repealed.

   2359.  Except as provided in Section 2363, no striped bass may be
transported or carried out of or into this state, except striped bass
taken from the Colorado River by sportfishing licensees to the
extent and in the manner following:
   (a) A resident of California, or the holder of a valid nonresident
California sportfishing license, lawfully taking such fish on the
waters or from the Arizona shore of the river may transport or carry
such fish into California.
   (b) A resident of Arizona, or the holder of a valid nonresident
Arizona sportfishing license, lawfully taking such fish on the waters
or from the California shore of the river may transport or carry
such fish into Arizona. 
  SEC. 5.  Section 2363 of the Fish and Game Code is amended to read:

   2363.   Striped bass, sturgeon,   Sturgeon
 or shad or parts  thereof   of those fish
 legally taken in another state  , which  
that  permits the sale of that fish, may be imported into the
state under regulations of the commission. Before the commission
adopts any regulation pursuant to this section, a public hearing
shall be held in the San Francisco or Sacramento area.
  SEC. 6.  Section 2764 of the Fish and Game Code is amended to read:

   2764.  The director shall consult with other responsible state
agencies and appropriate fishery advisory committees, including, but
not limited to, the Advisory Committee on Salmon and Steelhead Trout
 and the Striped Bass Stamp Advisory Committee  , in
developing projects to be funded pursuant to Section 2762.
  SEC. 7.  Section 7361 of the Fish and Game Code is amended to read:

   7361.  (a) Fees received by the department pursuant to Section
7360 shall be deposited in a separate account in the Fish and Game
Preservation Fund.
   (b) The department shall expend the funds in that account for the
long-term, sustainable benefit of the primary Bay-Delta sport
fisheries, including, but not limited to,  striped bass,
 sturgeon, black bass, halibut, salmon, surf perch,
steelhead trout, and American shad. Funds shall be expended to
benefit sport fish populations, sport fishing opportunities, and
anglers within the geographic parameters established in Section 7360,
and consistent with the requirements of the federal Endangered
Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3, the ecosystem restoration component of the CALFED
Programmatic Record of Decision dated August 28, 2000, and applicable
commission policies.
   (c) It is the intent of the Legislature that these funds be used
to augment, not replace, funding that would otherwise be allocated to
Bay-Delta sport fisheries from the sale of fishing licenses, the
California Bay-Delta Authority, or other federal, state, or local
funding sources. 
   (d) It is the intent of the Legislature that none of the funds
received by the department pursuant to Section 7360 be used to
benefit a striped bass fishery, including striped bass populations
and habitat. 
  SEC. 8.  Section 7856 of the Fish and Game Code is amended to read:

   7856.  Notwithstanding any other provision of this division,
except as provided in subdivision (f) and except when prohibited by
federal law, fish may be prepared for human consumption aboard a
commercial fishing vessel only under the following conditions:
   (a) The fish are taken under all existing commercial fishing laws
and regulations and, except as provided in subdivision (f), the fish
is of a species and size that can be lawfully taken under
sportfishing regulations in the area where taken and are taken
incidental to normal commercial fishing operations.
   (b) The fish is separated from other fish and stored with other
foodstuff for consumption by the crew and passengers aboard the
vessel.
   (c) The fish, or parts thereof, shall not be bought, sold, offered
for sale, transferred to any other person, landed, brought ashore,
or used for any purpose except for consumption by the crew and
passengers.
   (d) (1) All fish shall be maintained in such a condition that the
species can be determined, and the size or weight can be determined
if a size or weight limit applies, until the fish is prepared for
immediate consumption.
   (2) If the fish is filleted, a patch of skin shall be retained on
each fillet as prescribed by the commission in the sportfishing
regulations until the fish is prepared for immediate consumption.
   (3) Fillets from fish possessed under sportfishing regulations
shall be of the minimum length prescribed by commission regulations.
   (e) No fish which may be possessed under sportfishing regulations
may be possessed in excess of the sport bag limit for each crew
member and passenger on board the vessel.
   (f) Notwithstanding other provisions of this section, kelp bass,
sand bass, spotted bass, yellowfin croaker, spotfin croaker,
California corbina, and marlin, shall not be possessed aboard a
commercial fishing vessel while that vessel is on a commercial
fishing trip. Lobster, salmon, or abalone shall not be possessed
aboard a commercial fishing vessel while that vessel is on a
commercial fishing trip for preparation for human consumption
pursuant to this section unless that lobster, salmon, or abalone is
taken and possessed in compliance with all applicable laws pertaining
to commercial fishing methods of take, licenses, permits, and size
limits. Sturgeon  or striped bass  shall not be
possessed aboard a commercial fishing vessel. No person shall take or
possess any fish on a commercial fishing vessel under a sportfishing
license while that vessel is engaged in a commercial fishing
activity, including going to or from an area where fish are taken for
commercial purposes.
  SEC. 9.  Section 8370 of the Fish and Game Code is amended to read:

   8370.  (a) Any  striped bass,  salmon  ,
 or sturgeon, if alive, that is taken in any type of net in
any district shall be immediately liberated from the net by the
fishermen and immediately returned to the water without further harm.

   (b) Any  striped bass,  salmon  ,
 or sturgeon that is taken in any type of nets in any
district shall be removed from the net by the fisherman and
immediately returned to the water, regardless of the condition of the
fish.
   (c) The holder of a commercial fishing license shall not have in
his or her possession, except when releasing fish from the net, any
 striped bass,  salmon  ,  or
sturgeon, whether dead or alive, at any time when conducting netting
operations or when going to or from those operations.
   (d) Fish returned to the water in accordance with this section is
not deterioration, waste, or spoilage of fish for purposes of Section
7704.
  SEC. 10.  Section 8371 of the Fish and Game Code is amended to
read:
   8371.   Striped bass or salmon   Salmon 
, or parts thereof, may be sold or offered for sale only under the
following conditions: 
   (a) If the striped bass, or parts thereof, is taken or possessed
by, and is the cultured progeny of, an aquaculturist who is
registered under Section 15101, that striped bass may be sold or
purchased subject to regulations of the commission. 

   (b) If the striped bass, or parts thereof, is taken legally in
another state that permits the sale of that fish and if the fish is
lawfully imported under Section 2363, the striped bass, or parts
thereof, may be possessed, sold, or purchased.  
   (c) 
    (a)  If the salmon, or parts thereof, is taken legally
in another state that permits the sale of salmon, and is lawfully
imported consistent with Section 2361, the salmon, or parts thereof,
may be possessed, sold, or purchased. 
   (d) 
    (b)  If the salmon, or parts thereof, is taken in
accordance with Article 4 (commencing with Section 8210.2), the
salmon, or parts thereof, may be possessed, sold, or purchased.
  SEC. 11.  Section 8670 of the Fish and Game Code is amended to
read:
   8670.  It is unlawful for any person to use, operate, or assist in
using or operating any net to take salmon, steelhead, 
striped bass,  sturgeon, or shad for commercial purposes in
any of the tidal waters lying upstream from the Carquinez Bridge, or
to possess on any boat in these waters any net the use of which is
illegal in  such   those waters.
  SEC. 12.  Section 8685.5 of the Fish and Game Code is amended to
read:
   8685.5.  Notwithstanding any other provision of law, gill nets
 may   shall  not be used to take salmon
 ,   or  steelhead  , or striped
bass  .
  SEC. 13.  Section 8685.6 of the Fish and Game Code is amended to
read:
   8685.6.  It is unlawful to sell or possess for sale any salmon
 ,   or  steelhead  , or striped
bass which   that  were taken in California waters
by the use of a gill net.
  SEC. 14.  Section 8685.7 of the Fish and Game Code is amended to
read:
   8685.7.   (a)    It is unlawful for any person
to knowingly purchase any salmon  ,   or 
steelhead  , or striped bass which   that 
were taken in California waters by the use of a gill net. 
    For 
    (b)     For  the purpose of this
section, "person" includes a broker who purchases salmon  ,
  or  steelhead  , or striped bass which
  that  were unlawfully taken by gill net for the
purpose of reselling those fish.
  SEC. 15.  Section 8756 of the Fish and Game Code is amended to
read:
   8756.  Salmon, steelhead,  striped bass,  or shad
 may   shall  not be taken with purse or
round haul nets.
  SEC. 16.  Section 15301 of the Fish and Game Code is amended to
read:
   15301.  (a) The department may sell wild aquatic plants or
animals, except rare, endangered, or fully protected species, for
aquaculture use at a price approximating the administrative cost to
the department for the collection or sale of the plants or animals.
The commission shall set this price.
   (b) Aquatic plants and animals may be collected by a registered
aquaculturist only with the written approval of the department. The
department may specify the time, place, and manner of collection and
may collect a fee from the aquaculturist in an amount sufficient to
cover the cost of processing the approval.
   (c) Notwithstanding subdivision (a), the fee for collecting
sturgeon  or striped bass  broodstock shall be five
hundred dollars ($500).
  SEC. 17.  Section 5841.5 of the Public Resources Code is amended to
read:
   5841.5.  (a) The American River Parkway and its environs
contribute to the quality of life within the City of Sacramento and
the County of Sacramento, enhance the image of the city and the
county as desirable places to live, provide for the public safety and
welfare of the community, and thereby contribute to the economic
well-being of the community.
   (b) The lower American River serves as a floodway channel,
protecting the community from runoff, rainfall, and snowmelt.
   (c) The lower American River sustains a myriad of fish
populations, including steelhead, king salmon  , striped bass
 , shad, and other fish and wildlife populations, which in
turn annually support millions of recreation user-days and
commercial, scientific, and educational uses and benefits.
   (d) The recreation capacity of the American River Parkway is
immense, including such diverse activities as hiking, bicycling,
picnicking, birding, horseback riding, canoeing, kayaking, rafting,
sailing, and power cruising.
   (e) It is essential that the function of the lower American River
and its environs, as a regional open-space resource within the center
of the City of Sacramento and County of Sacramento, be supported and
maintained.
   (f) Actions undertaken by a state agency can drastically affect
the American River Parkway and negate planning steps taken by
appropriate local agencies.
   (g) Adoption of the American River Parkway Plan by the State of
California provides necessary recognition so that local planning
efforts are eligible to receive planning grants through the Land and
Water Conservation Fund, technical staff assistance through the
National Park Service, and financial assistance through the Soil
Conservation Service's Cooperative River Basin Planning Program.