Bill Text: CA AB504 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Fish: sea cucumbers: transgenic fish.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-19 - Chaptered by Secretary of State - Chapter 444, Statutes of 2014. [AB504 Detail]

Download: California-2013-AB504-Amended.html

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BILL NUMBER: AB 504	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 24, 2014
	AMENDED IN SENATE  MARCH 12, 2014
	AMENDED IN ASSEMBLY  JANUARY 6, 2014

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 20, 2013

   An act to amend Sections 1729 and 8405.4 of the Fish and Game
Code, relating to fish.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 504, as amended, Chesbro. Fish: sea cucumbers: transgenic fish.

   (1) Existing law requires the Fish and Game Commission to
establish fish hatcheries for stocking the waters of California with
fish and requires the Department of Fish and Wildlife to maintain and
operate those hatcheries. Existing law also authorizes county boards
of supervisors to establish and maintain fish hatcheries and
authorizes the commission to issue permits to nonprofit organizations
to construct and operate anadromous fish hatcheries.
   Under existing law, the Trout and Steelhead Conservation and
Management Planning Act of 1979, the department is required to give
priority to stocking native hatchery-produced species in California
waters where stocking is determined to be appropriate by the
department.
   This bill would prohibit hatchery production and stocking of
transgenic fish in California waters and would define "transgenic"
for these purposes. A violation of the Fish and Game Code is
generally a misdemeanor. Because the bill would create new crimes,
the bill would impose a state-mandated local program.
   (2) Existing law governs the sea cucumber fishery in this state.
Under existing law, sea cucumbers cannot be taken, possessed aboard a
boat, or landed by a person for commercial purposes except under a
valid sea cucumber permit issued by the department. The commission is
authorized to adopt regulations that it determines may reasonably be
necessary to protect the sea cucumber resource and assure a
sustainable sea cucumber fishery or to enhance enforcement
activities. A violation of  existing law   these
provisions  or regulations adopted pursuant to those provisions
is a crime. Existing law provides that those provisions shall become
inoperative on April 1, 2015, and, as of January 1, 2016, are
repealed.
   This bill would extend the operation of those provisions until
April 1,  2017,  2020,  and would repeal
those provisions on January 1,  2018.   2021.
 Because this bill would extend the operation of the sea
cucumber permit program and thereby the crimes imposed for a
violation of those provisions, the bill would create a state-mandated
local program.
   (3) 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: yes.


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

  SECTION 1.  Section 1729 of the Fish and Game Code is amended to
read:
   1729.  (a) (1) The department shall give priority to stocking
native hatchery-produced species in California's waters, where
stocking is determined to be appropriate by the department. Stocking
of hatchery-produced fish is not appropriate in all of California's
waters, including, but not limited to, stocking in California's
waters that would adversely affect species listed under the federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the
California Endangered Species Act (Chapter 1.5 (commencing with
Section 2050) of Division 3).
   (2) Hatchery production and stocking of transgenic fish in
California waters is prohibited.
   (b) Hatchery-produced trout shall be stocked to support
sustainable angling recreation and promote angler access to trout
fishing, including, but not limited to, urban fisheries.
   (c) The department may provide outreach and educational materials
to all anglers to promote awareness of environmental sustainability,
ecosystem health, fish genetics, angling opportunities, and fish
population management.
   (d) Educational programs utilizing the hatcheries shall be
encouraged.
   (e) The department shall ensure that all trout stocked in waters
of the state for recreational purposes are unable to reproduce
through triploidy or other means, with the exception of fish planted
into brood stock lakes, surplus brood stock planted according to
fishery management decisions, fish planted to supplement waters that
the department has determined to be genetically isolated from native
fish populations, and native trout species produced for recovery and
restoration within their native range.
   (f) The department may develop, conduct, and respond to regular
angler preference and satisfaction surveys. This is not a substitute
for a preferred scientific data collection and monitoring program
that would facilitate adaptive management of California's inland
trout fisheries.
   (g) The department shall review angling regulations periodically
and adjust those regulations to ensure consistency with the strategic
plan described in Section 1728.
   (h) As used in this section, "transgenic" has the same meaning as
in Section 1.92 of Title 14 of the California Code of Regulations, as
that section read on May 14, 2003.
  SEC. 2.  Section 8405.4 of the Fish and Game Code is amended to
read:
   8405.4.  This article shall become inoperative on April 1,
 2017,   2020,  and as of January 1,
 2018,   2021,  is repealed, unless a later
enacted statute that is enacted before January 1,  2018,
  2021,  deletes or extends the dates on which it
becomes inoperative and is repealed.
  SEC. 3.  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.