BILL NUMBER: AB 571INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Saldana FEBRUARY 25, 2009 An act to add and repeal Article 5.5 (commencing with Section 8260) to Chapter 2 of Part 3 of Division 6 of the Fish and Game Code, relating to commercial fishing, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 571, as introduced, Saldana. Commercial fishing: lobster stamp. Existing law prohibits the taking of lobsters for commercial purposes except under a valid lobster permit issued by the Department of Fish and Game. This bill would prohibit the taking of lobster for commercial purposes without a commercial lobster stamp affixed to a valid lobster permit. The bill would require the department to issue a commercial lobster stamp upon application and payment of an unspecified fee. The bill would require the department to deposit stamp revenues in the Commercial Lobster Stamp Account, which the bill would create. The bill would continuously appropriate money in the account to the Ocean Protection Council for new or expanded lobster projects in the state to improve lobster conservation and management. The bill would require the council to appoint a 5-member Commercial Lobster Stamp Advisory Committee to recommend to the council projects and budgets for the expenditure of account revenues. Money in the account would also be available, upon appropriation by the Legislature, to the committee for the purpose of supporting long-term conservation and improved management of the California spiny lobster fishery. The provisions of the bill would be repealed on January 1, 2014. Because a violation of the stamp requirement would be a crime, this bill would impose a state-mandated local program by creating a new crime. 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: yes. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) California's spiny lobster fishery is an important component of California's marine ecosystem, as well as an important source of jobs for California fishermen and food for consumers. (b) California's lobster fishermen, primarily through associations, should participate in the development and implementation of new approaches to managing lobster fishing. Those approaches should be designed to ensure economical and sustainable fishing. (c) California's lobster fishermen's associations will greatly benefit from an established mechanism that will provide a steady source of funds for projects that promote the longterm conservation and improved management of the California spiny lobster fishery. SEC. 2. Article 5.5 (commencing with Section 8260) is added to Chapter 2 of Part 3 of Division 6 of the Fish and Game Code, to read: Article 5.5. Lobster Stamp 8260. As used in this article: (a) "Account" means the Commercial Lobster Stamp Account established in Section 8262. (b) "Committee" means the Commercial Lobster Stamp Advisory Committee established pursuant to Section 8263. (c) "Council" means the Ocean Protection Council established in 35600 of the Public Resources Code. 8261. (a) A person shall not take lobster for commercial purposes unless that person has a commercial lobster stamp affixed to his or her valid lobster permit. (b) The department shall issue a commercial lobster stamp upon application and payment of a base fee of ____ in the ____ license year, which shall be adjusted annually thereafter pursuant to Section 713. (c) The base fee may be adjusted annually by a majority vote of the Commercial Lobster Stamp Advisory Committee established pursuant to Section 8263, but shall not exceed ____. (d) A commercial lobster stamp is valid during the commercial lobster season of the year in which it was issued. 8262. Revenues received by the department from the fees imposed by Section 8261, and any interest earned on those fees, shall be deposited in the Commercial Lobster Stamp Account, which is hereby established as a separate account of the California Ocean Protection Trust Fund in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the account is continuously appropriated to the council for new or expanded lobster projects in the state to improve lobster conservation and management. Money in the account shall also be available, upon appropriation by the Legislature, to the committee for the purpose of supporting long-term conservation and improved management of the California spiny lobster fishery, consistent with Public Resources Code 35650, including, but not limited to, all of the following: (a) Purchasing transferable lobster permits in order to address overcapitalization. (b) Marine Stewardship Council certification. (c) Implementing new management approaches that optimize catch per unit effort and create incentives for ecosystem improvement. (d) Payment of loans to the California Fisheries Fund. (e) Department administrative overhead costs or collection costs, not to exceed one percent of the annual expenditures from the account. (f) Committee administrative overhead costs or collection costs, not to exceed three percent of the annual expenditures from the account. 8263. (a) The council shall appoint a Commercial Lobster Stamp Advisory Committee, consisting of five members, as follows. (1) Two members, each with an alternate, representative of the state's commercial lobster interests. (2) One member selected from the membership of the California Lobster Trap Fishery Association. This subdivision does not prohibit persons selected pursuant to paragraph (1) from also being a member of the California Lobster Trap Fishery Association. (3) The Secretary of the Ocean Protection Council. (4) The director, or his or her designee. (b) The three fisherman committee members shall be selected from names of persons submitted by commercial lobster fishermen of this state. The council shall appoint persons to the committee who possess knowledge and experience in subjects that are of specific value to the committee. (c) The term of appointment to the committee shall be not more than four years. (d) The committee shall recommend to the council projects and budgets for the expenditure of revenues received pursuant to this article. The council shall include these recommendations in the Governor's Budget and shall not recommend funding or any project not contained in the committee's recommendations. (e) The council shall submit to the committee, at least annually, an accounting of funds derived from the account, including the number of stamps sold, funds generated and expended, and the status of projects funded pursuant to this article. (f) In furtherance of the purposes articulated in subdivision (b) of Section 8262, the council may contract with, or offer grants to, nonprofit commercial fishery organizations that, prior to January 1, 2010, were conducting projects consistent with this article. 8264. The council may receive funds for deposit in the account, for purposes of this article, from sources other than the sale of commercial fishing lobster stamps, including, but not limited to, grants from the federal government, grants from private foundations, money disbursed from court settlements, and donations and bequests from individuals. Additional funds received pursuant to this section shall not be deposited in the account 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 council, that the funds are intended solely for deposit to that account. 8265. 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. 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.