Amended  IN  Senate  March 18, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 262

Introduced by Senator McGuire

February 12, 2019

An act to amend Sections 8051 and 8405.4 of the Fish and Game Code, relating to commercial fishing.


LEGISLATIVE COUNSEL'S DIGEST


SB 262, as amended, McGuire. Commercial fishing: landing fees: sea cumbers. cucumbers.
(1) Existing law regulating commercial fishing imposes, or authorizes the imposition of, various license, permit, and registration fees. Existing law requires specified persons to pay landing fees relating to the sale of fish quarterly to the Department of Fish and Wildlife, based on a rate schedule applicable to listed aquatic species. Existing law authorizes the department to assess a fee on persons growing aquaculture products on public lands and in public waters based on the price per pound of the products sold, not to exceed the rates provided in the rate schedule applicable to wild-caught fish. aquatic species.
Under existing law, the changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, is used as the index to determine an annual rate of increase or decrease in the fees for licenses, stamps, permits, tags, or other entitlements issued by the Department of Fish and Wildlife.
This bill would make that landing fee rate schedule applicable to the 2019 2020 calendar year, and require that the schedule be adjusted annually thereafter pursuant to that specified federal index.
(2) Existing law governs the sea cucumber fishery in this state. Under existing law, sea cucumbers cannot be taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid sea cucumber permit issued by the Department of Fish and Wildlife. The Fish and Game Commission is authorized to adopt regulations that it determines may reasonably be necessary to protect the sea cucumber resource and ensure a sustainable sea cucumber fishery or to enhance enforcement activities. A violation of these provisions or regulations adopted pursuant to those provisions is a crime. Existing law makes these provisions inoperative on April 1, 2020.
This bill would extend the operation of those provisions until April 1, 2030. Because this bill would extend the operation of the sea cucumber permit program and thereby the crimes imposed for a violation of those provisions, the bill would create a state-mandated local program.
(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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8051 of the Fish and Game Code is amended to read:

8051.
 (a) The landing fee imposed pursuant to Section 8041 shall be determined pursuant to Section 8042 by using the fee rates in the following schedule, as adjusted pursuant to subdivision (b):
Rate per
pound 
Lobster
$  0.1333
Spot prawn and abalone
$  0.1000
Salmon and swordfish, based only on the weight in the round
$  0.0333
Halibut, sea cucumber, white seabass, sheephead, and Dungeness crab
$  0.0333
Shortspine thornyhead, sablefish, lingcod, and prawns and shrimp (except spot prawn and pink shrimp)
$  0.0133
Angel, thresher, and bonito sharks, based only on the weight in the round
$  0.0097
All fish and invertebrates unless otherwise specified
$  0.0067
Sea urchin, pink shrimp, smelts, soles, turbot, longspine thornyhead, night smelt, and sanddabs
$  0.0047
Bonito, flounder, grenadiers, herring, and skates
$  0.0027
Market squid
$  0.0023
Anchovy, mackerel, sardines, and Pacific whiting
$  0.0010
(b) (1) The fee rates specified in subdivision (a) are applicable to the 2019 2020 calendar year, and shall be adjusted annually thereafter pursuant to this subdivision.
(2) The changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, shall be used as the index to determine an annual rate of increase or decrease in the fee rates specified in subdivision (a).
(3) The department shall determine the change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, for the quarter ending March 31 of the current year compared to the quarter ending March 31 of the previous year. The relative amount of the change shall be multiplied by the current fee rates.
(4) The product of the calculation made pursuant to paragraph (3) shall be added to the applicable fee rate for the current year. The resulting amounts shall be the fee rates for the calendar year beginning on or after January 1 of the next succeeding calendar year.
(c) The calculations provided for in this section shall be reported by the department to the Legislature with the Governor’s Budget Bill.
(d) The Legislature finds that all revenue generated by fee rates computed under this section, and used for the purposes for which they were imposed, are not subject to Article XIII B of the California Constitution.

SEC. 2.

 Section 8405.4 of the Fish and Game Code is amended to read:

8405.4.
 This article shall become inoperative on April 1, 2030, and as of January 1, 2031, is repealed.

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.