Bill Text: CA SB778 | 2009-2010 | Regular Session | Amended

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Bill Title: South Coast Air Quality Management District: adverse

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2010-08-19 - Read third time. Amended. (Page 6370.) To third reading. Re-referred to Com. on RULES. [SB778 Detail]

Download: California-2009-SB778-Amended.html

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BILL NUMBER: SB 778	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 19, 2010
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator  Wiggins   Pavley 

                        FEBRUARY 27, 2009

    An act to amend Section 7860 of the Fish and Game Code,
relating to commercial fishing.   An act to add Sections
40453 and 40542 to the Health and Safety Code, relating to air
pollution. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 778, as amended,  Wiggins   Pavley  .
 Commercial fishing: salmon stamp.   South
Coast Air Quality Management District: adverse effects of air
pollution: intellectual property.  
   Existing law creates the South Coast Air Quality Management
District with jurisdiction over air quality within the South Coast
Air Basin, including in the Counties of Los Angeles, Orange,
Riverside, and San Bernardino.  
   This bill would authorize the south coast district to sponsor,
coordinate, and promote projects that will lead to the prevention,
mitigation, or cure of the adverse effects of air pollution,
including the adverse health effects of air pollution. The bill would
authorize the south coast district to determine what share, if any,
of the intellectual property, or benefits resulting from intellectual
property, developed from the use of district funds, including funds
discharged as grants, will accrue to the south coast district. 

   Existing law, until January 1, 2012, prohibits specified persons
from taking salmon for commercial purposes unless the person has a
commercial fishing salmon stamp affixed to his or her commercial
fishing license. Existing law requires the Department of Fish and
Game to issue a commercial fishing salmon stamp, upon application for
the stamp and payment of a base fee of $85. That base fee is
required to be adjusted during specified commercial salmon seasons.
However, existing law prohibits the total fees, as adjusted, from
exceeding $260.  
   This bill would, instead, require payment of a fee of $350 for a
commercial fishing salmon stamp. The bill also would delete an
obsolete reference and make other technical, nonsubstantive changes
in those provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 40453 is added to the 
 Health and Safety Code   , to read:  
   40453.  The south coast district may sponsor, coordinate, and
promote projects that will lead to the prevention, mitigation, or
cure of the adverse effects of air pollution, including the adverse
health effects of air pollution. 
   SEC. 2.    Section 40542 is added to the  
Health and Safety Code   , to read:  
   40542.  The south coast district may determine what share, if any,
of the intellectual property, or benefits resulting from
intellectual property, developed from the use of district funds,
including funds discharged as grants, will accrue to the south coast
district. The south coast district may negotiate revenue sharing
agreements with recipients of south coast district funds, including
the collection of royalties.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) California's salmon fishery is in a state of severe decline.
Healthy populations of salmonid stock have decreased dramatically in
recent years and are teetering on the edge of extinction, indicating
the need for urgent, immediate action.
   (b) Department of Fish and Game biologists estimate that, in 2008,
only 66,000 adult salmon returned to spawn in the Sacramento and San
Joaquin rivers, the lowest return on historical record.
   (c) A similar alarming population decline in 2007 led the National
Marine Fisheries Service to ban ocean salmon fishing in California
and most of Oregon in 2008, and a ban is expected again in 2009.
   (d) In 2008, more than 2,200 fishermen, fisherwomen, and
fishing-related business workers lost their jobs. Fishing communities
and fishing-related businesses lost more than two hundred fifty
million dollars($250,000,000).
   (e) The salmon stamp program has a long history of voluntary
participation and cooperation among a wide range of commercial
fishing interests because they recognize their livelihood depends on
the abundance of salmon.
   (f) With an impending drought year, and a second year of a ban on
ocean fishing because of severe salmonid population decline, the
industry is prepared to bolster and improve state fishery restoration
efforts through its self-taxation mechanism.
   (g) It is the intent of the Legislature to request the Department
of Fish and Game to provide an accounting for funds generated from
commercial salmon fishing permits, known as salmon stamps and to
increase the price of commercial salmon fishing stamps to strengthen
oversight of the program and to ensure that the funding goes directly
to priority projects in a timely manner.  
  SEC. 2.    Section 7860 of the Fish and Game Code
is amended to read:
   7860.  (a) Except as provided in subdivision (f) or (g), a person
who is 18 years of age or more and less than 70 years of age, on or
before April 1 of the current license year, shall not take salmon for
commercial purposes or be on board a vessel on which salmon are
taken for commercial purposes while salmon are being taken or
transported, unless that person has a commercial fishing salmon stamp
issued pursuant to this section affixed to his or her commercial
fishing license.
   (b) Except as provided in subdivision (f) or (g), the operator of
a vessel on which salmon are taken for commercial purposes shall not
permit a person on board that vessel while salmon are being taken or
transported, unless that person was less than 18 years of age or 70
years of age or more on April 1 of the current license year or that
person has a commercial fishing salmon stamp affixed to the person's
commercial fishing license.
   (c) The department shall issue a commercial fishing salmon stamp
upon application therefor and payment of the fee of three hundred
fifty dollars ($350).
   (d) A commercial fishing salmon stamp is valid during the
commercial salmon season of the year in which it is issued.
   (e) Notwithstanding Section 1053, upon application and payment of
an additional fee equal to that prescribed in subdivision (c), the
department may issue an additional commercial fishing salmon stamp
for a crewmember to the owner or operator of a vessel who holds a
commercial fishing salmon stamp.
   (f) Notwithstanding subdivision (a), one crewmember of a vessel
for which a commercial fishing salmon stamp is issued pursuant to
subdivision (e) may be aboard that vessel and take salmon for
commercial purposes as a crewmember on that vessel without obtaining
a commercial fishing salmon stamp under the following conditions:
   (1) The crewmember is designated by name and commercial fishing
license number on a form furnished by the department before salmon
are taken on the vessel when that crewmember is aboard.
   (2) The crewmember has a valid commercial fishing license issued
under Section 7850.
   (3) The commercial fishing salmon stamp for the crewmember is
affixed to the form prescribed in paragraph (1) on which the vessel
registration number of the vessel is entered and on which the
crewmember who is exempted by this subdivision is designated by the
last entered name and commercial fishing license number.
   (g) Persons who are exempt from the license requirements, or who
are not required to be licensed, pursuant to Section 7850, are exempt
from the requirements of this section.