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  MARCH 12, 2014
	AMENDED IN ASSEMBLY  JANUARY 6, 2014

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 20, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 504, as amended, Chesbro.  Commercial fishing: sea
cucumbers.   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.  
   Existing 
    (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 of Fish and Wildlife  
department  . The  Fish and Game Commission 
 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 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, and would repeal those provisions on January 1, 2018.
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 by creating new crimes.  program. 

   The 
    (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. 
   SECTION 1.   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   2017,  and as of January 1,
 2018   2018, is repealed, unless a later
enacted statute that is enacted before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
   SEC. 2.   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.