Amended IN Assembly February 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 655Introduced by Assembly Member Petrie-NorrisFebruary 09, 2023 An act to amend Section 5500 2300 of the Fish and Game Code, relating to fish. algae.LEGISLATIVE COUNSEL'S DIGESTAB 655, as amended, Petrie-Norris. Waters of the state inhabited by fish: use of explosives. Fish and wildlife: aquatic invasive species: Caulerpa.Existing law prohibits a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration the salt water algae of enumerated Caulerpa species, except possession for bona fide scientific research, as provided. Existing law subjects any person who violates these provisions to a specified civil penalty and to specified infraction or misdemeanor penalties.This bill would instead prohibit a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration all salt water algae of the genus Caulerpa, except that possession for bona fide scientific research.Because this bill expands the scope of conduct subject to criminal penalties, the bill would impose a state-mandated local program.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.Existing law prohibits the use of explosives in the waters of this state inhabited by fish, except under a permit first obtained by the user from the Department of Fish and Wildlife consistent with terms and conditions set by the Fish and Game Commission, or except in case of emergency, to remove an accidental obstruction to the flow of water.This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2300 of the Fish and Game Code is amended to read:2300. (a) No person shall sell, possess, import, transport, transfer, release alive in the state, or give away without consideration the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(b) Notwithstanding subdivision (a), a person may possess, for bona fide scientific research, as determined by the department, upon authorization by the department, the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(c) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 5500 of the Fish and Game Code is amended to read:5500.It is unlawful to use explosives in the waters of the state inhabited by fish, except under a permit first obtained by the user from the department consistent with terms and conditions set by the commission, or except in case of emergency, to remove an accidental obstruction to the flow of water. Any person may appeal the departments decision to grant or deny a permit to the commission.
Amended IN Assembly February 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 655Introduced by Assembly Member Petrie-NorrisFebruary 09, 2023 An act to amend Section 5500 2300 of the Fish and Game Code, relating to fish. algae.LEGISLATIVE COUNSEL'S DIGESTAB 655, as amended, Petrie-Norris. Waters of the state inhabited by fish: use of explosives. Fish and wildlife: aquatic invasive species: Caulerpa.Existing law prohibits a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration the salt water algae of enumerated Caulerpa species, except possession for bona fide scientific research, as provided. Existing law subjects any person who violates these provisions to a specified civil penalty and to specified infraction or misdemeanor penalties.This bill would instead prohibit a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration all salt water algae of the genus Caulerpa, except that possession for bona fide scientific research.Because this bill expands the scope of conduct subject to criminal penalties, the bill would impose a state-mandated local program.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.Existing law prohibits the use of explosives in the waters of this state inhabited by fish, except under a permit first obtained by the user from the Department of Fish and Wildlife consistent with terms and conditions set by the Fish and Game Commission, or except in case of emergency, to remove an accidental obstruction to the flow of water.This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly February 23, 2023
Amended IN Assembly February 23, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 655
Introduced by Assembly Member Petrie-NorrisFebruary 09, 2023
Introduced by Assembly Member Petrie-Norris
February 09, 2023
An act to amend Section 5500 2300 of the Fish and Game Code, relating to fish. algae.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 655, as amended, Petrie-Norris. Waters of the state inhabited by fish: use of explosives. Fish and wildlife: aquatic invasive species: Caulerpa.
Existing law prohibits a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration the salt water algae of enumerated Caulerpa species, except possession for bona fide scientific research, as provided. Existing law subjects any person who violates these provisions to a specified civil penalty and to specified infraction or misdemeanor penalties.This bill would instead prohibit a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration all salt water algae of the genus Caulerpa, except that possession for bona fide scientific research.Because this bill expands the scope of conduct subject to criminal penalties, the bill would impose a state-mandated local program.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.Existing law prohibits the use of explosives in the waters of this state inhabited by fish, except under a permit first obtained by the user from the Department of Fish and Wildlife consistent with terms and conditions set by the Fish and Game Commission, or except in case of emergency, to remove an accidental obstruction to the flow of water.This bill would make a nonsubstantive change to this provision.
Existing law prohibits a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration the salt water algae of enumerated Caulerpa species, except possession for bona fide scientific research, as provided. Existing law subjects any person who violates these provisions to a specified civil penalty and to specified infraction or misdemeanor penalties.
This bill would instead prohibit a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration all salt water algae of the genus Caulerpa, except that possession for bona fide scientific research.
Because this bill expands the scope of conduct subject to criminal penalties, the bill would impose a state-mandated local program.
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.
Existing law prohibits the use of explosives in the waters of this state inhabited by fish, except under a permit first obtained by the user from the Department of Fish and Wildlife consistent with terms and conditions set by the Fish and Game Commission, or except in case of emergency, to remove an accidental obstruction to the flow of water.
This bill would make a nonsubstantive change to this provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2300 of the Fish and Game Code is amended to read:2300. (a) No person shall sell, possess, import, transport, transfer, release alive in the state, or give away without consideration the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(b) Notwithstanding subdivision (a), a person may possess, for bona fide scientific research, as determined by the department, upon authorization by the department, the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(c) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 5500 of the Fish and Game Code is amended to read:5500.It is unlawful to use explosives in the waters of the state inhabited by fish, except under a permit first obtained by the user from the department consistent with terms and conditions set by the commission, or except in case of emergency, to remove an accidental obstruction to the flow of water. Any person may appeal the departments decision to grant or deny a permit to the commission.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 2300 of the Fish and Game Code is amended to read:2300. (a) No person shall sell, possess, import, transport, transfer, release alive in the state, or give away without consideration the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(b) Notwithstanding subdivision (a), a person may possess, for bona fide scientific research, as determined by the department, upon authorization by the department, the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(c) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation.
SECTION 1. Section 2300 of the Fish and Game Code is amended to read:
### SECTION 1.
2300. (a) No person shall sell, possess, import, transport, transfer, release alive in the state, or give away without consideration the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(b) Notwithstanding subdivision (a), a person may possess, for bona fide scientific research, as determined by the department, upon authorization by the department, the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(c) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation.
2300. (a) No person shall sell, possess, import, transport, transfer, release alive in the state, or give away without consideration the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(b) Notwithstanding subdivision (a), a person may possess, for bona fide scientific research, as determined by the department, upon authorization by the department, the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(c) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation.
2300. (a) No person shall sell, possess, import, transport, transfer, release alive in the state, or give away without consideration the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(b) Notwithstanding subdivision (a), a person may possess, for bona fide scientific research, as determined by the department, upon authorization by the department, the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.(c) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation.
2300. (a) No person shall sell, possess, import, transport, transfer, release alive in the state, or give away without consideration the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.
(b) Notwithstanding subdivision (a), a person may possess, for bona fide scientific research, as determined by the department, upon authorization by the department, the salt water algae of the Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. genus Caulerpa.
(c) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 2.
It is unlawful to use explosives in the waters of the state inhabited by fish, except under a permit first obtained by the user from the department consistent with terms and conditions set by the commission, or except in case of emergency, to remove an accidental obstruction to the flow of water. Any person may appeal the departments decision to grant or deny a permit to the commission.