Bill Text: CA AB497 | 2013-2014 | Regular Session | Chaptered
Bill Title: Fish and wildlife.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State - Chapter 233, Statutes of 2013. [AB497 Detail]
Download: California-2013-AB497-Chaptered.html
BILL NUMBER: AB 497 CHAPTERED
BILL TEXT
CHAPTER 233
FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2013
APPROVED BY GOVERNOR SEPTEMBER 6, 2013
PASSED THE SENATE AUGUST 19, 2013
PASSED THE ASSEMBLY AUGUST 22, 2013
AMENDED IN SENATE AUGUST 14, 2013
AMENDED IN SENATE JULY 2, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 20, 2013
An act to amend Sections 206, 207, 8276.3, and 8283 of, and to add
Sections 106 and 205.1 to, the Fish and Game Code, relating to fish
and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 497, Chesbro. Fish and wildlife.
(1) Existing law requires the Fish and Game Commission to form a
marine resources committee from its membership consisting of at least
one commissioner and requires the committee to report to the
commission from time to time on its activities, to make
recommendations on all marine resource matters considered by the
commission, and to have the committee or its designee, to the extent
practicable, attend meetings of the Department of Fish and Wildlife's
staff, including meetings of the department staff with interested
parties, in which significant marine living resource management
documents are being developed.
This bill would require the commission to form a wildlife
resources committee from its membership consisting of at least one
commissioner, to report to the commission from time to time on its
activities, to make recommendations on all nonmarine resource matters
considered by the commission, and to have the committee or its
designee, to the extent practicable, attend meetings of the
department staff, including meetings of the department staff with
interested parties, in which significant wildlife resource management
documents are being developed.
(2) The California Constitution creates the Fish and Game
Commission. Existing law establishes the commission in the Natural
Resources Agency to perform specified functions. Existing law
requires the commission to hold no fewer than 10 regular meetings per
year, if the commission has adequate funding for related travel,
including funding for department travel, with no more than 3 regular
meetings to be held in Sacramento per year. Existing law requires the
commission to cause the notice of the schedule for regular meetings,
and notice of any change in the date and location of a meeting, to
be disseminated to the public in a manner that will result in broad
dissemination, including, but not limited to, electronic
distribution, mailings to interested parties, and publication in
local newspapers of the affected communities.
This bill would reduce the number of regular meetings required per
year to 8 and would delete the limitation that no more than 3
regular meetings be held in Sacramento per year. The bill would also
delete the requirement that the broad dissemination of the notices
regarding meetings be achieved in a specific manner but would require
the commission to disseminate notices regarding meetings to the
public in a manner that complies with specified provisions of the
Administrative Procedure Act.
(3) Existing law requires the commission, except for emergency
regulations, to consider and adopt regulations at a series of no
fewer than 3 meetings and requires that these meetings, whether
regular or special meetings, be duly noticed to the public in
accordance with specified provisions of state law. Existing law
provides that at the 3rd meeting the commission may choose to hear
additional public discussion regarding the regulations it intends to
adopt and requires that either at that meeting or within 20 days
after that meeting, the commission add, amend, or repeal regulations
relating to any recommendation received at the initial meeting it
deems necessary to preserve, properly utilize, and maintain each
species or subspecies.
This bill would delete the 20-day period after the 3rd meeting
during which the commission would have been authorized to add, amend,
or repeal.
(4) Existing law authorizes the commission to annually adopt
regulations, as specified, pertaining to migratory birds to conform
with or to further restrict the rules and regulations prescribed
pursuant to the Migratory Bird Treaty Act. Existing law provides that
migratory game birds may be taken in conformity with federal laws
and regulations and the regulations of the commission, as specified,
and, if no regulations are prescribed by the proper federal agency,
authorizes the commission to determine and fix the area or areas, the
seasons and hours, the species, the bag and possession limits, and
the total number that may be taken during any open season for the
taking of migratory game birds, under such rules and regulations as
the commission may prescribe.
This bill would add similar provisions that would authorize the
commission to establish by regulation an automatic process to conform
its sport fishing regulations to federal regulations and would
require the Department of Fish and Wildlife to provide public notice
of any conforming action implemented pursuant to this provision.
(5) Existing law, until April 1, 2019, authorizes the Director of
the Department of Fish and Wildlife to order a delay in the opening
of the Dungeness crab fishery after December 1 in Districts 6, 7, 8,
and 9 in any year and prohibits the delay in the opening from being
later than January 15 of any year. Under existing law, if the
director orders this delay, the opening date of the Dungeness crab
fishery in those districts is required to be preceded by a 36-hour
gear setting period, as ordered by the director.
This bill instead would require a 64-hour gear setting period.
(6) Existing law requires the director, if requested on or before
November 10 of any year, to consult with the Dungeness crab industry
and to specify by public announcement on or before November 20 of
that year when crab traps may be set and baited prior to the opening
date of the Dungeness crab season in Districts 6, 7, 8, and 9.
This bill would eliminate the above requirements and instead would
authorize crab traps to be set and baited 64 hours prior to the
opening date of the Dungeness crab season in Districts 6, 7, 8, and
9.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The federal Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. Sec. 1801 et seq.) authorizes fishery
management plans and regulations that require close coordination with
state fishery managers.
(b) The United States Secretary of Commerce routinely adopts
federal fishery rules that require the State of California to make
timely conforming changes to its fishery regulations in order to
maintain continuity of management and enforcement, and to avoid
preemption.
(c) Since 1976, a mechanism for federal conformance has existed in
the Fish and Game Code for commercial fishing and a similar
mechanism is now required for sport fishing.
SEC. 2. Section 106 is added to the Fish and Game Code, to read:
106. The commission shall form a wildlife resources committee
from its membership consisting of at least one commissioner. The
committee shall report to the commission from time to time on its
activities and shall make recommendations on all nonmarine resource
matters considered by the commission. The committee or its designee
shall, to the extent practicable, attend meetings of the department
staff, including meetings of the department staff with interested
parties, in which significant wildlife resource management documents
are being developed.
SEC. 3. Section 205.1 is added to the Fish and Game Code, to read:
205.1. (a) The commission may establish by regulation an
automatic process to conform its sport fishing regulations to federal
regulations.
(b) The department shall provide public notice of any conforming
action implemented pursuant to this section.
SEC. 4. Section 206 of the Fish and Game Code is amended to read:
206. (a) The commission shall hold no fewer than eight regular
meetings per calendar year, if the commission has adequate funding
for related travel, including funding for department travel. The
commission may also hold special meetings or hearings to receive
additional input from the department and the public.
(b) The commission shall announce the dates and locations of
meetings for the year by January 1 of that year, or 60 days prior to
the first meeting, whichever comes first. Meeting locations shall be
accessible to the public and located throughout the state. To the
extent feasible, meetings shall be held in state facilities. In
setting the dates and locations for regular meetings, the commission
shall also consider the following factors:
(1) Recommendations of the department.
(2) Opening and closing dates of fishing and hunting seasons.
(3) The schedules of other state and federal regulatory agencies
whose regulations affect the management of fish and wildlife of this
state.
(c) The commission shall cause the notice of the schedule for
regular meetings, and notice of any change in the date and location
of a meeting, to be disseminated to the public in a manner that will
result in broad dissemination and that complies with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 5. Section 207 of the Fish and Game Code is amended to read:
207. (a) Except for emergency regulations, the commission shall
consider and adopt regulations pursuant to Sections 203 and 205 at a
series of no fewer than three meetings. These meetings may be regular
or special meetings that are duly noticed to the public in
accordance with subdivision (c) of Section 206 and the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
(b) At the first meeting, the commission shall receive
recommendations for regulations from its own members and staff, the
department, other public agencies, and the public.
(c) At the second meeting, the commission shall devote time for
open public discussion of proposed regulations presented at the first
meeting. The department shall participate in this discussion by
reviewing and presenting its findings regarding each regulation
proposed by the public and by responding to objections raised
pertaining to its proposed regulations. After considering the public
discussion, the commission shall announce, prior to adjournment of
the meeting, the regulations it intends to add, amend, or repeal.
(d) At the third meeting, the commission may choose to hear
additional public discussion regarding the regulations it intends to
adopt. At the meeting, the commission shall add, amend, or repeal
regulations relating to any recommendation received at the initial
meeting it deems necessary to preserve, properly utilize, and
maintain each species or subspecies.
(e) Within 45 days after adoption, the department shall publish
and distribute regulations adopted pursuant to this section.
SEC. 6. Section 8276.3 of the Fish and Game Code is amended to
read:
8276.3. (a) If there is any delay ordered by the director
pursuant to Section 8276.2 in the opening of the Dungeness crab
fishery in Fish and Game Districts 6, 7, 8, and 9, a vessel shall not
take or land crab within Districts 6, 7, 8, and 9 during any
closure.
(b) If there is any delay in the opening of the Dungeness crab
season pursuant to Section 8276.2, the opening date in Fish and Game
Districts 6, 7, 8, and 9 shall be preceded by a 64-hour gear setting
period, as ordered by the director.
(c) This section shall become inoperative on April 1, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 7. Section 8283 of the Fish and Game Code is amended to read:
8283. (a) Crab traps may be set and baited 64 hours prior to the
opening date of the Dungeness crab season in Fish and Game Districts
6, 7, 8, and 9. Crab traps may be set and baited in advance of that
opening date in those districts if no other attempt is made to take
or possess Dungeness crab in those districts.
(b) Except in Fish and Game Districts 6, 7, 8, and 9, crab traps
may be set and baited 18 hours in advance of the opening date of the
Dungeness crab season, if no other attempt is made to take or possess
Dungeness crab.
