LEGISLATIVE COUNSEL'S DIGEST


AB 291, as amended, Saldana. Coastal resources: coastal
development permits: penalties. Commercial fishing:
lobster management.
Existing law prescribes the construction and dimensions of a wire
lobster trap.
This bill would revise the prescribed dimensions of wire lobster
traps, and would add provisions relating to the use of a wire to hold
the escape gap in place.
The California Coastal Act of 1976 requires any person undertaking
development in the coastal zone to obtain a coastal development
permit issued by the California Coastal Commission in accordance with
prescribed procedures. The act authorizes civil liability to be
imposed on any person who performs or undertakes development that is
in violation of the act or that is inconsistent with any previously
issued coastal development permit, subject to specified maximum and
minimum amounts, varying according to whether the violation is
intentional and knowing.
The bill would prohibit the commission, with exceptions, from
filing as complete, or acting upon, an application for a coastal
development permit for a project on property that is subject to an
existing violation case for which a violation notification letter has
been sent, or a cease and desist order, restoration order, or notice
of violation has been issued or recorded until the violation has
been resolved. The bill would authorize the commission to resolve any
unresolved dispute between the executive director and an applicant
regarding the implementation of the above provision at a noticed
hearing. This bill would authorize the commission to file as complete
an application for a coastal development permit for development on
such a property if the violation is de minimis, as defined. This bill
would prohibit the commission from taking action on the application
until the de minimis violation has been resolved, as determined by
the executive director.

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Comments/questions on AB 291 (Saldana): Commercial fishing: lobster management.