Bill Text: CA SB197 | 2013-2014 | Regular Session | Chaptered
Bill Title: Commercial fishing: commercial fishing salmon stamp.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-09-26 - Chaptered by Secretary of State. Chapter 368, Statutes of 2013. [SB197 Detail]
Download: California-2013-SB197-Chaptered.html
BILL NUMBER: SB 197 CHAPTERED
BILL TEXT
CHAPTER 368
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2013
APPROVED BY GOVERNOR SEPTEMBER 26, 2013
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
INTRODUCED BY Senator Evans
FEBRUARY 7, 2013
An act to amend Sections 711.4, 7860, 7861, 7861.1, 7861.2,
7861.5, 7862.5, and 7863 of the Fish and Game Code, and to amend
Section 76953.5 of the Food and Agricultural Code, relating to
commercial fishing.
LEGISLATIVE COUNSEL'S DIGEST
SB 197, Evans. Commercial fishing: commercial fishing salmon
stamp.
(1) Existing law 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 Wildlife 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.
Existing law requires that fee revenues be deposited in the
Commercial Salmon Stamp Account, which was abolished March 14, 2013,
by the Controller pursuant to specified statutory provisions, in the
Fish and Game Preservation Fund, and be available to the department
upon appropriation by the Legislature for new or expanded salmon
restoration and enhancement programs in the state that will serve to
increase ocean salmon landings. Existing law provides that not more
than 15% of the funds may be used to pay the costs incurred in the
administration of the program.
Existing law repeals these provisions as of January 1, 2014.
The bill would extend the operation of these provisions until
January 1, 2019, would recast them to replace references to the
Commercial Salmon Stamp Account with references to the Commercial
Salmon Stamp Dedicated Subaccount, which the bill would establish in
the Fish and Game Preservation Fund, and would require the transfer
of specified moneys from the Fish and Game Preservation Fund to the
new subaccount. The bill would also make other conforming changes and
delete obsolete cross-references.
(2) Existing law generally makes a violation of fish and game
laws a crime.
Because this bill would extend operation of the commercial salmon
fishing 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.
(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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 Dedicated Subaccount in the Fish
and Game Preservation Fund.
(vi) Striped bass stamp funds collected pursuant to Section 7360.
(vii) 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 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. 2. Section 7860 of the Fish and Game Code is amended to read:
7860. (a) Except as provided in subdivision (f) or (g), no 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 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 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 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.
SEC. 3. Section 7861 of the Fish and Game Code is amended to read:
7861. (a) After deducting the administrative costs for issuing
the commercial fishing salmon stamps, the department shall deposit
the fees received pursuant to Section 7860 in the Commercial Salmon
Stamp Dedicated Subaccount, which is hereby established in the Fish
and Game Preservation Fund. The money in the subaccount shall be
available to the department, upon appropriation by the Legislature,
for new or expanded salmon restoration and enhancement programs in
the state that will serve to increase ocean salmon landings. No money
in this subaccount shall be used in lieu of other funds appropriated
for salmon restoration and enhancement programs authorized by law on
or before January 1, 1988.
(b) (1) Thirty dollars ($30) of the fees collected for each
commercial fishing salmon stamp issued shall be allocated by the
department to be used for raising chinook salmon to a yearling size,
at which size they shall be released into state waters. The amount of
salmon stamp revenues expended for this purpose in any fiscal year
shall not exceed the amount expended by the department for the same
purpose during the same period from other funds. The calculation of
the amount expended by the department for this purpose shall not
include expenditures made by the department for which reimbursements
are received from state or federal agencies, public utilities, or
private entities for raising chinook salmon to yearling size as part
of a fish mitigation program instituted to compensate for the adverse
effect of a dam on natural salmon production. If the department
expends no funds other than moneys collected from the sale of
commercial fishing salmon stamps or moneys for which reimbursements
are received as part of an anadromous fish mitigation program for the
raising of chinook salmon to yearling size within the period of a
fiscal year, the fees prescribed in Section 7860 shall be reduced by
an amount equivalent to that portion of the commercial fishing salmon
stamp program, as specified in this subdivision.
(2) If the salmon stamps issued pursuant to Section 7860 raise
more money for the purpose of this subdivision than is necessary to
match the funds expended by the department during any fiscal year
from other funds, then the excess salmon stamp revenue allocated
pursuant to this subdivision shall be carried over into the following
fiscal year.
(c) The department shall post on its Internet Web site an
accounting of the projects undertaken with funds from the Commercial
Salmon Stamp Dedicated Subaccount and the costs incurred to
administer the program. At a minimum, the Internet Web site shall
list the project title, the applicant, a brief description of the
project, the amount approved, and the status of the project.
(d) Any moneys that were in the Commercial Salmon Stamp Account as
of March 14, 2013, and that were retained in the Fish and Game
Preservation Fund shall be transferred to the Commercial Salmon Stamp
Dedicated Subaccount.
SEC. 4. Section 7861.1 of the Fish and Game Code is amended to
read:
7861.1. Not more than 15 percent of the funds expended pursuant
to Section 7861 may be used to pay the costs incurred in the
administration of the program.
SEC. 5. Section 7861.2 of the Fish and Game Code is amended to
read:
7861.2. Notwithstanding any other law, the department may receive
on behalf of the Commercial Salmon Trollers Enhancement and
Restoration Program, for deposit in the Commercial Salmon Stamp
Dedicated Subaccount in the Fish and Game Preservation Fund
established pursuant to Section 7861, funds from sources in addition
to funds derived from the sale of commercial fishing salmon stamps,
including, but not limited to, grants from the federal government,
grants from private foundations, money disbursed from court
settlements, and donations and bequeaths from individuals. The
additional nonfederal funds shall not be deposited in the Commercial
Salmon Stamp Dedicated Subaccount unless the person or entity
providing the funds specifically designates in writing, prior to or
at the time of transmittal of the funds to the department, that the
funds are intended solely for deposit to that subaccount. Funds
received by the department that are not designated at the time of
receipt as being intended solely for deposit to the Commercial Salmon
Stamp Dedicated Subaccount shall be deposited in the Fish and Game
Preservation Fund.
SEC. 6. Section 7861.5 of the Fish and Game Code is amended to
read:
7861.5. In consultation with the Commercial Salmon Trollers
Advisory Committee, the department may allocate funds from the
Commercial Salmon Stamp Dedicated Subaccount in the Fish and Game
Preservation Fund for the following purposes:
(a) For restoration projects to assist in the recovery of salmon
stocks listed as threatened or endangered under Chapter 1.5
(commencing with Section 2050) of Division 3, or the federal
Endangered Species Act (16 U.S.C. Sec. 1531 et seq.).
(b) As matching funds for federal salmon restoration moneys.
SEC. 7. Section 7862.5 of the Fish and Game Code is amended to
read:
7862.5. (a) The Commercial Salmon Trollers Advisory Committee
established under Section 7862 may recommend to the director that a
nonprofit organization or the California Salmon Council be authorized
to create or contract to create salmon or salmon fishing artwork and
other materials based on that artwork, including, but not limited
to, a stamp, and offer those items for sale to the public during 2003
and thereafter, for the purpose of augmenting funding for the
Commercial Salmon Trollers Enhancement and Restoration Program
established under this article.
(b) The committee may not recommend a nonprofit organization or
the California Salmon Council as authorized under subdivision (a),
unless all of the following conditions are met:
(1) The proposed creation and sale of the artwork is pursuant to a
written business plan presented to the committee.
(2) The committee determines that a reasonable share of the sales
of any stamp will be remitted to the department for deposit into the
Commercial Salmon Stamp Dedicated Subaccount established in the Fish
and Game Preservation Fund under Section 7861.
(3) The committee determines that the creation and sale of the
artwork will act to increase public awareness and support for the
salmon stamp program and the restoration of salmon and their habitats
in the state.
(4) Any other conditions deemed necessary by the committee for
determining whether to recommend approval to the director have been
met.
(c) The director, upon receiving the recommendation of the
committee, and upon finding that there will be no new costs to the
department, may authorize the recommended entity to create or
contract to create salmon or salmon fishing artwork and other
materials based on that artwork, including, but not limited to, a
stamp, and offer those items for sale to the public, for the purpose
described in subdivision (a).
(d) No person or entity, including, but not limited to, any
nonprofit organization, may use the name of the Commercial Salmon
Stamp, the Commercial Salmon Trollers Advisory Committee, or the
Commercial Salmon Trollers Enhancement and Restoration Program for
the sale of artwork and other materials, unless that person or entity
has been approved by the director under this section for that
purpose. The approval of the director under this section shall be for
one year, after which the approval may be renewed for an additional
year, upon recommendation of the committee.
(e) No artwork sold in the form of a stamp under this section
conveys to the purchaser any entitlement to engage in the commercial
salmon fishery.
(f) Proceeds from the sales of artwork and other materials sold
under this section, after deduction of all reasonable costs borne by
the nonprofit organization or California Salmon Council for creation
of the artwork and conducting the sales, shall be deposited in the
Commercial Salmon Stamp Dedicated Subaccount.
SEC. 8. Section 7863 of the Fish and Game Code is amended to read:
7863. This article shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2019, deletes or extends that
date.
SEC. 9. Section 76953.5 of the Food and Agricultural Code is
amended to read:
76953.5. (a) Before the referendum vote is conducted by the
director, the proponents of the council shall deposit with the
director the amount that the director determines is necessary to
defray the expenses of preparing the necessary lists and information
and conducting the referendum vote.
(b) Any funds not used in carrying out this article shall be
returned to the proponents of the council who deposited the funds
with the director.
(c) Upon establishment of the council, the council may reimburse
the proponents of the council for any funds deposited with the
director that were used in carrying out this article, and for any
legal expenses and costs incurred in establishing the council.
(d) After approval by the Commercial Salmon Trollers Advisory
Committee created pursuant to Section 7862 of the Fish and Wildlife
Code, the Department of Fish and Game may expend funds collected
pursuant to Section 7861 of the Fish and Game Code, for payment to
the Director of Food and Agriculture to pay necessary costs incurred
in conducting the implementation referendum vote. If a majority of
the commercial salmon vessel operators who voted at the
implementation referendum voted in favor of implementing this
article, as provided in Section 76952, the council shall reimburse
the Commercial Salmon Stamp Dedicated Subaccount in the Fish and Game
Preservation Fund all amounts received from that fund.
SEC. 10. 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.
