Bill Text: CA SB470 | 2011-2012 | Regular Session | Chaptered
Bill Title: Commercial fishing: salmon stamp.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-10-07 - Chaptered by Secretary of State. Chapter 565, Statutes of 2011. [SB470 Detail]
Download: California-2011-SB470-Chaptered.html
BILL NUMBER: SB 470 CHAPTERED
BILL TEXT
CHAPTER 565
FILED WITH SECRETARY OF STATE OCTOBER 7, 2011
APPROVED BY GOVERNOR OCTOBER 7, 2011
PASSED THE SENATE JUNE 2, 2011
PASSED THE ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE APRIL 5, 2011
INTRODUCED BY Senator Evans
FEBRUARY 17, 2011
An act to amend Sections 7861, 7861.1, and 7863 of the Fish and
Game Code, relating to commercial fishing, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 470, Evans. 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 Game 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. Under existing law, fee revenues are deposited in the
Commercial Salmon Stamp Account in the Fish and Game Preservation
Fund, and the money in the account is continuously appropriated to
the department for new or expanded salmon restoration and enhancement
programs in the state that will serve to increase ocean salmon
landings. Existing law prohibits administrative overhead costs
charged to the account from exceeding 3.3% of the annual expenditures
from the account. These provisions of existing law are repealed as
of January 1, 2012.
This bill would delete the continuous appropriation, and, instead,
make the money in the account available to the department upon
appropriation by the Legislature. The bill would require the
department to post on its Internet Web site certain information
regarding projects funded by the account. The bill would prohibit the
expenditure of more than 15% of the funds expended for those
programs for administration. The bill would extend the operation of
these provisions until January 1, 2014.
(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.
(4) This bill would include a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 subdivision (b) of Section 7852.3 and
Section 7860 in the Commercial Salmon Stamp Account in the Fish and
Game Preservation Fund. The money in the account 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
account 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 Account 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.
SEC. 2. 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. Interest derived from the Commercial
Salmon Stamp Account shall be deposited in the Fish and Game
Preservation Fund to help defray ongoing operational costs of the
department.
SEC. 3. Section 7863 of the Fish and Game Code is amended to read:
7863. This article shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends that
date.
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.
