Today's Law As Amended


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AB-497 Fish and wildlife.(2013-2014)



As Amends the Law Today
As Amends the Law on Nov 25, 2013


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, 2029, 2019,  and, as of January 1, 2030, 2020,  is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, 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.