Bill Text: CA AB1481 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 1481 (Prior Session Legislation)

Introduced

Bill Title: Fisheries restoration.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - Died at Desk. [AB1481 Detail]

Download: California-2009-AB1481-Introduced.html

BILL NUMBER: AB 1481	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Anderson

                        FEBRUARY 27, 2009

   An act to amend Section 2762 of the Fish and Game Code, relating
to fisheries.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1481, as introduced, Anderson. Fisheries restoration.
   The Keene-Nielsen Fisheries Restoration Act of 1985 funded
Department of Fish and Game expenditures in fiscal years 1991-92 to
1993-94, inclusive, for the construction, operation, and
administration of various projects designated in the plan developed
by the department in accordance with the Salmon, Steelhead Trout, and
Anadromous Fisheries Program Act, and projects designed to restore
and maintain fishery resources and their habitat damaged by past
water diversions and projects and other development activities.
   This bill would make technical, nonsubstantive changes in that
funding provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2762 of the Fish and Game Code is amended to
read:
   2762.  (a) The Fisheries Restoration Account is hereby created in
the Fish and Game Preservation Fund. The moneys in the Fisheries
Restoration Account are hereby appropriated to the department for
expenditure in fiscal years 1991-92 to 1993-94, inclusive, pursuant
to subdivision (b).
   (b)  The moneys in the Fisheries Restoration Account may be
expended for the construction, operation, and administration of
projects designated in the plan developed by the department in
accordance with the Salmon, Steelhead Trout, and Anadromous Fisheries
Program Act (Ch. 8 (commencing with Sec. 6900), Pt. 1, Div. 6), and
projects designed to restore and maintain fishery resources and their
habitat that have been damaged by past water diversions and projects
and other development activities. Expenditures shall not be
authorized for a project to be funded under this subdivision before a
date  which   that  is 30 days after the
department has furnished a copy of the proposal for the project to be
funded, together with supporting descriptions, to the Joint
Committee on Fisheries and Aquaculture and to the Joint Legislative
Budget Committee. These projects shall have as their primary
objective the restoration of fishery resources identified in the
Salmon, Steelhead Trout, and Anadromous Fisheries Program Act.
Projects may include, but shall not be limited to, watershed
assessments, fisheries restoration planning, acquisition of lands,
restoration of habitat, restoration or creation of spawning areas,
construction of fish screens or fish ladders, stream rehabilitation,
and installation of pollution control facilities. Projects for
restoration or creation of spawning areas shall utilize natural
spawning rather than hatcheries to the extent possible.
   Under no circumstances shall any water project be absolved under
this subdivision of any mitigation requirements  which
  that  are placed upon it under existing law.
   No land shall be acquired pursuant to this chapter by eminent
domain proceedings.
   (c) Priority for funding shall be given to projects that employ
fishermen, fish processing workers, and others who are unemployed or
underemployed due to the elimination of a commercial fishing season
as a result of restrictions imposed by federal regulations. This
priority shall remain in effect only as long as those restrictions
are in force.
   (d) Expenditures shall not be authorized for multiyear projects
funded under subdivision (b) before a date  which 
 that  is 30 days after the department has submitted an
annual progress report on the project and a copy of the work schedule
for subsequent year funding of the project to the Joint Committee on
Fisheries and Aquaculture and to the Joint Legislative Budget
Committee.
   (e) The department shall conduct a preproject and postproject
evaluation on each project recommended in the plan and program
developed by the department in accordance with the Salmon, Steelhead
Trout, and Anadromous Fisheries Program Act for which money has been
appropriated from the Fisheries Restoration Account.
   (f) The department may expend not more than 5 percent of the funds
annually appropriated from the Fisheries Restoration Account for the
administration of projects.
   (g) The department may contract for services for the purpose of
conducting a preproject and postproject evaluation or for the
administration of projects.
   (h) The department shall, during the last fiscal year of funding,
conduct a review of all previous and ongoing projects to determine if
the elements of the plan and program developed by the department
pursuant to the Salmon, Steelhead Trout, and Anadromous Fisheries
Program Act are being met, including the goal of doubling the 1988
population of salmon and steelhead trout, as declared in Section
6902.