SECTIONS 7860-7863 - California Statutes

FISH AND GAME CODE

SECTION 7860-7863

7860. (a) Except as provided in subdivision (f) or (g), no 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 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) Except as provided in subdivision (b) of Section 7852.3 and
this subdivision, the department shall issue a commercial fishing
salmon stamp upon application therefor and payment of the fee of
eighty-five dollars ($85). For any commercial salmon season preceded
by a commercial salmon season in which the commercial troll salmon
landings in this state equal or exceed 3,000,000 pounds dressed
weight, as determined by the department, the fee shall be increased
by twelve dollars and fifty cents ($12.50) for every 250,000 pounds
over 3,000,000 pounds of dressed weight landings, except that the
total fees as adjusted shall not exceed two hundred sixty dollars
($260).
(d) A commercial fishing salmon stamp is valid during the
commercial salmon season of the year in which it was 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.

7861. (a) After deducting the administrative costs for issuing the
commercial fishing salmon stamps, the department shall deposit the
fees received pursuant to subdivision (b) of Section 7852.3 and
Section 7860 in the Commercial Salmon Stamp Account in the Fish and
Game Preservation Fund. Notwithstanding Section 13340 of the
Government Code, the money in the account is continuously
appropriated to the department for new or expanded salmon restoration
and enhancement programs in the state that will serve to increase
ocean salmon landings. No money in this account shall be used in lieu
of other funds appropriated for salmon restoration and enhancement
programs authorized by law on or before January 1, 1988.
(b) Thirty dollars ($30) of the fees collected for each commercial
fishing salmon stamp issued shall be allocated by the department to
be used for raising chinook salmon to a yearling size, at which size
they shall be released into state waters. The amount of salmon stamp
revenues expended for this purpose in any fiscal year shall not
exceed the amount expended by the department for the same purpose
during the same period from other funds. The calculation of the
amount expended by the department for this purpose shall not include
expenditures made by the department for which reimbursements are
received from state or federal agencies, public utilities, or private
entities for raising chinook salmon to yearling size as part of a
fish mitigation program instituted to compensate for the adverse
effect of a dam on natural salmon production. If the department
expends no funds other than moneys collected from the sale of
commercial fishing salmon stamps or moneys for which reimbursements
are received as part of an anadromous fish mitigation program for the
raising of chinook salmon to yearling size within the period of a
fiscal year, the fees prescribed in Section 7860 shall be reduced by
an amount equivalent to that portion of the commercial fishing salmon
stamp program, as specified in this subdivision.
If the salmon stamps issued pursuant to Section 7860 raise more
money for the purpose of this subdivision than is necessary to match
the funds expended by the department during any fiscal year from
other funds, then the excess salmon stamp revenue allocated pursuant
to this subdivision shall be carried over into the following fiscal
year.

7861.1. The Commercial Salmon Stamp Account in the Fish and Game
Preservation Fund shall not be charged administrative overhead costs
exceeding 3.3 percent of the annual expenditures from the account.
Interest derived from the account shall be deposited in the Fish and
Game Preservation Fund to help defray ongoing operational costs of
the department.

7861.2. Notwithstanding any provision of any other code, the
department may receive on behalf of the Commercial Salmon Trollers
Enhancement and Restoration Program, for deposit in the Commercial
Salmon Stamp Account in the Fish and Game Preservation Fund
established pursuant to Section 7861, funds from sources in addition
to funds derived from the sale of commercial fishing salmon stamps,
including, but not limited to, grants from the federal government,
grants from private foundations, money disbursed from court
settlements, and donations and bequeaths from individuals. The
additional nonfederal funds shall not be deposited in the Commercial
Salmon Stamp Account unless the person or entity providing the funds
specifically designates in writing, prior to or at the time of
transmittal of the funds to the department, that the funds are
intended solely for deposit to that account. Funds received by the
department that are not designated at the time of receipt as being
intended solely for deposit to the Commercial Salmon Stamp Account
shall be deposited in the Fish and Game Preservation Fund.

7861.3. It is the intent of the Legislature that the department use
the moneys from the sale of commercial fishing salmon stamps
allocated pursuant to subdivision (b) of Section 7861 and the
matching share contributed by the department to raise approximately
two million chinook salmon annually to yearling size to contribute to
the replenishing of California's salmon resource. In no case shall
moneys from the General Fund be used to match the salmon stamp
revenues expended for this program. It is the further intent of the
Legislature that the salmon stamp fee authorized in subdivision (b)
of Section 7861 shall generate revenues equal to one-half the amount
necessary to raise this number of salmon to yearling size.

7861.4. A priority for funding shall be given to programs and
projects restoring, enhancing, and protecting salmon streams with
funds appropriated pursuant to subparagraph (A) of paragraph (1) of
subdivision (e) of Section 5907 of the Public Resources Code, that
employ fishermen who are unemployed or underemployed as a result of
commercial fishing restrictions within and immediately adjacent to
the Klamath Management Zone imposed by federal laws or regulations.

7861.5. In consultation with the Commercial Salmon Trollers
Advisory Committee, the department may allocate funds from the
Commercial Salmon Stamp Account for the following purposes:
(a) For restoration projects to assist in the recovery of salmon
stocks listed as threatened or endangered under Chapter 1.5
(commencing with Section 2050) of Division 3, or the federal
Endangered Species Act (16 U.S.C. Sec. 1531 et seq.).
(b) As matching funds for federal salmon restoration moneys.

7862. A Commercial Salmon Trollers Advisory Committee shall be
established consisting of six members selected by the director. One
member shall be chosen from the personnel of the department. Four
persons shall be selected, with alternates, from a list submitted by
a fishermen's organization deemed to represent the commercial salmon
fishermen of California. One member shall be selected, with an
alternate, from lists submitted by individual commercial passenger
fishing boat operators or by organizations deemed to represent the
commercial passenger fishing boat operators of California. The term
of appointment to the committee shall be for two years. Necessary and
proper expenses, if any, and per diem shall be paid committee
members from the special account created pursuant to subdivision (a)
of Section 7861. The rate of per diem shall be the same as the rate
established pursuant to Section 8902 of the Government Code.
The committee shall recommend programs and a budget from the
special account to the department. The department shall review the
programs and the budget and shall include its recommendations
regarding these items in the Governor's Budget and submit to the
Legislature an annual report on the sale of commercial fishing salmon
stamps, the expenditure of funds, and a status report of the
programs funded pursuant to Section 7861. The department shall not
recommend funding for any program not contained in the committee's
recommendations.

7862.5. (a) The Commercial Salmon Trollers Advisory Committee
established under Section 7862 may recommend to the director that a
nonprofit organization or the California Salmon Council be authorized
to create or contract to create salmon or salmon fishing artwork and
other materials based on that artwork, including, but not limited
to, a stamp, and offer those items for sale to the public during 2003
and thereafter, for the purpose of augmenting funding for the
Commercial Salmon Trollers Enhancement and Restoration Program
established under this article.
(b) The committee may not recommend a nonprofit organization or
the California Salmon Council as authorized under subdivision (a),
unless all of the following conditions are met:
(1) The proposed creation and sale of the artwork is pursuant to a
written business plan presented to the committee.
(2) The committee determines that a reasonable share of the sales
of any stamp will be remitted to the department for deposit into the
Commercial Salmon Stamp Account established in the Fish and Game
Preservation Fund under Section 7861.
(3) The committee determines that the creation and sale of the
artwork will act to increase public awareness and support for the
salmon stamp program and the restoration of salmon and their habitats
in the state.
(4) Any other conditions deemed necessary by the committee for
determining whether to recommend approval to the director have been
met.
(c) The director, upon receiving the recommendation of the
committee, and upon finding that there will be no new costs to the
department, may authorize the recommended entity to create or
contract to create salmon or salmon fishing artwork and other
materials based on that artwork, including, but not limited to, a
stamp, and offer those items for sale to the public, for the purpose
described in subdivision (a).
(d) No person or entity, including, but not limited to, any
nonprofit organization, may use the name of the Commercial Salmon
Stamp, the Commercial Salmon Trollers Advisory Committee, or the
Commercial Salmon Trollers Enhancement and Restoration Program for
the sale of artwork and other materials, unless that person or entity
has been approved by the director under this section for that
purpose. The approval of the director under this section shall be for
one year, after which the approval may be renewed for an additional
year, upon recommendation of the committee.
(e) No artwork sold in the form of a stamp under this section
conveys to the purchaser any entitlement to engage in the commercial
salmon fishery.
(f) Proceeds from the sales of artwork and other materials sold
under this section, after deduction of all reasonable costs borne by
the nonprofit organization or California Salmon Council for creation
of the artwork and conducting the sales, shall be deposited in the
Commercial Salmon Stamp Account.

7863. This article shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2012, deletes or extends that
date.