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<ns0:Id>20250SB__139399INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1393</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator McGuire</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>McGuire</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 7380, 7381, 7382, 8276.1, 8276.2, 8276.3, 8276.4, 8276.5, 8279.1, 8280.1, 8280.2, 8280.3, 8280.4, 8280.6, and 9002.5 of, and to add Sections 8276.6 and 8286 to, the Fish and Game Code, relating to fish. </ns0:Title>
<ns0:RelatingClause>fish</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Commercial fishing: steelhead trout: Dungeness crab.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law requires a person taking steelhead trout in inland waters, in addition to a valid California sport fishing license and any applicable sport license stamp, to have in their possession a valid nontransferable steelhead trout fishing report-restoration card issued by the Department of Fish and Wildlife. Existing law set the base fee for the card at $5 for the 2004 license year, subject to adjustment for inflation, as specified. Existing law requires revenues from the card to be deposited in the Fish and Game Preservation Fund and to be available for expenditure, upon appropriation by the Legislature, to monitor, restore, or enhance steelhead trout resources consistent with specified law, and to administer the fishing report-restoration card program. Existing law requires the department to report to the Legislature on or before July 1, 2025, regarding the
steelhead trout fishing report-restoration card program’s projects undertaken using these revenues derived pursuant to that program, the benefits derived, and its recommendations for revising the fishing report-restoration card requirement, if any. These provisions are repealed as of January 1, 2027. Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under that code, is a misdemeanor, except as provided.
</html:p>
<html:p>This bill would increase the base fee for a steelhead trout fishing report-restoration card to $15 for the 2027 license year. The bill would require the department to report to the Legislature regarding the fishing report-restoration card program’s projects on or before July 1, 2031, and on or before July 1, 2036, and would extend the operation of the program until January 1, 2037. Because this bill would extend the operation of the fishing report-restoration card requirements, the violation of which
would be a crime, it would impose a state-mandated local program.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law requires the department, in consultation with the California Dungeness Crab Fishing Gear Working Group and other stakeholders, to adopt regulations establishing criteria and protocols to evaluate and respond to potential risk of marine life entanglement, as prescribed. Existing law authorizes the Director of Fish and Wildlife to restrict the take of Dungeness crab pursuant to the criteria and protocols. Existing law makes it unlawful to take or possess Dungeness crab from any waters closed, or otherwise violate any restriction on take imposed, pursuant to these provisions. Existing law repeals these provisions on January 1, 2030.
</html:p>
<html:p>This bill would extend the operation of these, and related, Dungeness crab provisions until January 1, 2040. By extending the operation of existing provisions, a violation of which is a crime,
the bill would impose a state-mandated local program. The bill would authorize a vessel to transit closed waters with Dungeness crab traps and Dungeness crab on board the vessel if specified conditions are met, as provided.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law provides for the development and administration of a Dungeness crab task force. Existing law imposes various duties on the task force, including making specified recommendations to the Joint Committee on Fisheries and Aquaculture, the department, and the Fish and Game Commission. Existing law establishes the Dungeness Crab Account in the Fish and Game Preservation Fund. Existing law requires, through the 2029 fiscal year, a specified sum to be allocated to the Ocean Protection Council to support the administration and facilitation of the Dungeness crab task force. Existing law repeals these provisions on January 1, 2030.
</html:p>
<html:p>This bill would extend the operation of those
task force provisions until January 1, 2040. The bill would establish the Dungeness Crab Fleet Subaccount within the Dungeness Crab Account. The bill would require the moneys in the subaccount to be managed and overseen by the Pacific States Marine Fisheries Commission and, upon an appropriation by the Legislature, would require the moneys to be used to implement a spending plan that the bill would require the Dungeness crab task force to develop, as provided.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:Election>NO</ns0:Election>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_A0C246F1-A929-4F36-A28D-D1759694F185">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 7380 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
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<ns0:Num>7380.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
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In addition to a valid California sport fishing license and any applicable sport license stamp issued pursuant to this code, after January 1, 1993, a person taking steelhead trout in inland waters shall have in their possession a valid nontransferable steelhead trout fishing report-restoration card issued by the department. The cardholder shall record certain fishing information on the card as designated by the department. The month, day, and location fished shall be recorded before the cardholder begins fishing for the day and when the cardholder moves to another location listed on the back of the report-restoration card. The
cardholder shall immediately record catch information upon keeping a steelhead trout and immediately record catch information regarding released steelhead trout whenever the cardholder finishes fishing for the day, or moves to another location listed on the back of the report-restoration card. The cardholder shall return the card to the department on a schedule or date established by the department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The base fee for the card shall be fifteen dollars ($15) for the 2027 license year, which may be adjusted annually thereafter pursuant to Section 713. The funds received by the department from the sale of the card shall be deposited in the Fish and Game Preservation Fund and shall be available for expenditure upon
appropriation by the Legislature. The department shall maintain the internal accountability necessary to ensure that all restrictions and requirements pertaining to the expenditure of these funds are met.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The commission shall adopt regulations necessary to implement this section. These regulations shall include, but not be limited to, procedures necessary to obtain appropriate steelhead trout resources management information, a requirement that the card contain a statement explaining potential uses of the funds received as authorized by Section 7381, and a requirement that the cards be returned to the department.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 7381 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_815E4983-B676-4E22-B981-8AD9C6534271">
<ns0:Num>7381.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Revenue received pursuant to Section 7380 may be expended, upon appropriation by the Legislature, only to monitor, restore, or enhance steelhead trout resources consistent with Sections 6901 and 6902, and to administer the fishing report-restoration card program. The department shall submit all proposed expenditures, including proposed expenditures for administrative purposes, to the Advisory Committee on Salmon and Steelhead Trout for review and comment before submitting a request for inclusion of the appropriation in the annual Budget Act. The committee may recommend revisions in any proposed expenditure to the Legislature and the commission.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall report to the Legislature on or before July 1,
2031, and on or before July 1, 2036, regarding the steelhead trout fishing report-restoration card program’s projects undertaken using revenues derived pursuant to that program, the benefits derived, and its recommendations for revising the fishing report-restoration card requirement, if any. The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 7382 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_E3C3754B-15AD-4C80-8BC7-BC62261BA5A1">
<ns0:Num>7382.</ns0:Num>
<ns0:LawSectionVersion id="id_2FAF1FDE-813C-46B4-A9B8-CA0AC3D29C7D">
<ns0:Content>
<html:p>This article shall remain in effect only until January 1, 2037, and as of that date is repealed.</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 8276.1 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_93C3F65B-9B57-46D6-B762-F1B0F5756C8B">
<ns0:Num>8276.1.</ns0:Num>
<ns0:LawSectionVersion id="id_6E5C78BF-B9AA-4C34-9D10-E07F5445B338">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“California Dungeness Crab Fishing Gear Working Group” means the California Dungeness Crab Fishing Gear Working Group established by the department, in partnership with the Ocean Protection Council and the National Marine Fisheries Service, on September 21, 2015, and as defined by its most recent charter as it may be amended from time to time.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Risk assessment and mitigation program” means the program developed by the California Dungeness Crab Fishing Gear Working Group, as that program may be amended from time to time until the regulations are adopted pursuant to subdivision (b), to identify and assess elevated levels of
entanglement risk and determine the need for management options to reduce the risk of entanglement.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department, in consultation with the California Dungeness Crab Fishing Gear Working Group and other stakeholders, shall adopt regulations establishing criteria and protocols to evaluate and respond to the potential risk of marine life entanglement. The regulations shall include, but are not limited to, the risk assessment and mitigation program, and the use of alternative gear only after the season is open pursuant to the risk assessment and mitigation program that may otherwise be prohibited as prescribed by the department. Upon the effective date of the regulations, the director may restrict the take of Dungeness crab pursuant to the protocols and criteria.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Unless otherwise prescribed by regulation, it is unlawful to take or possess Dungeness crab from any waters
closed, or otherwise violate any restriction on take imposed, pursuant to this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1,
2040, and as of that date is repealed.
</html:p>
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 8276.2 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
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<ns0:Num>8276.2.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The director may order a delay in the opening of the Dungeness crab fishery after December 1 in Districts 6, 7, 8, and 9 in any year. The delay in the opening shall not be later than January 15 of any year.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or about November 1 of each year, the director may authorize one or more operators of commercial fishing vessels to take and land a limited number of Dungeness crab for the purpose of quality testing according to a testing program conducted by, or on behalf of, the Pacific States Marine Fisheries Commission or an entity approved by the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The meat extracted from Dungeness crab tested pursuant to paragraph (1) may be sold by
the entity approved by the department and revenues from that sale may be used for purposes of managing the testing program. Revenues shall be deposited in an account managed and overseen by the Pacific States Marine Fisheries Commission.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of the testing program, the department shall develop guidelines after consulting with representatives of the California Dungeness crab industry, which shall include California delegates to the Tri-State Dungeness Crab Commission or members of the California Dungeness Crab Task Force, or both. The guidelines shall include the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Suggested guidelines for the management of the funds received from, but not limited to, the sale of the crab meat pursuant to subparagraph (A), including the suggested guideline that funds in excess of the program costs may be donated for charitable purposes.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Guidelines for the testing program.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Guidelines that establish measures to track crab caught for purposes of the testing program, including, but not limited to, the guideline that all crab caught and sold for the testing program shall be canned.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The director shall order the opening of the Dungeness crab season in Districts 6, 7, 8, and 9 on December 1 if the quality tests authorized in subdivision (b) indicate the Dungeness crabs are not soft-shelled or low quality. The entity authorized to conduct the approved testing program may test, or cause to be tested, crabs taken for quality and soft shells pursuant to the approved testing program. If the tests are conducted on or about November 1 and result in a finding that Dungeness crabs are soft-shelled or low quality, the director shall authorize a second
test to be conducted on or about November 15 pursuant to the approved testing program. If the second test results in a finding that Dungeness crabs are soft-shelled or low quality, the director may order the season opening delayed for a period of 15 days and may authorize a third test to be conducted on or about December 1. If the third test results in a finding that Dungeness crabs remain soft-shelled or of low quality, the director may order the season opening delayed for a period of an additional 15 days and authorize a fourth test to be conducted. This procedure may continue to be followed, except that tests shall not be conducted after January 15 for that season, and the season opening shall not be delayed by the director later than January 15.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall become inoperative on April 1,
2039, and, as of January 1, 2040, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2040, deletes or extends the dates on which it becomes inoperative and is repealed.
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<ns0:Num>SEC. 6.</ns0:Num>
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Section 8276.3 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
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<ns0:Num>8276.3.</ns0:Num>
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(a)
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If there is any delay ordered by the director pursuant to Section 8276.2 in the opening of the Dungeness crab fishery in Districts 6, 7, 8, and 9, a vessel shall not take or land crab within Districts 6, 7, 8, and 9 during any closure.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If there is any delay in the opening of the Dungeness crab season pursuant to Section 8276.2, the opening date in Districts 6, 7, 8, and 9 shall be preceded by a 64-hour gear setting period, as ordered by the director.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall become inoperative on April 1,
2039, and, as of January 1, 2040, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2040, deletes or extends the dates on which it becomes inoperative and is repealed.
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<ns0:BillSection id="id_DDF3E684-C78C-4823-A165-F8E78EF35363">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 8276.4 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E2340AA6-0D26-4F9E-B6C5-FB2F03836350">
<ns0:Num>8276.4.</ns0:Num>
<ns0:LawSectionVersion id="id_35D3CAE0-9A8F-4872-B1CE-F989694B4ECE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Ocean Protection Council shall make a grant, upon appropriation of funding by the Legislature, for the development and administration of a Dungeness crab task force. The membership of the Dungeness crab task force shall be comprised of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Two nonvoting members representing the department, appointed by the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
One nonvoting representative of the University of California Sea Grant, appointed by the University of California Sea Grant.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Seven members appointed by the Chair of the Ocean Protection Council following a public solicitation for nominations, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
One voting and one nonvoting member representing sport fishing interests.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Two voting members representing crab processing interests.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
One voting member representing commercial passenger fishing vessel interests.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Two nonvoting members representing nongovernmental organization interests.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Seventeen voting members representing commercial fishery interests, elected by licensed persons possessing valid Dungeness crab permits in their respective ports and production levels, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Three members from Crescent City.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
One member from
Trinidad.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Two members from Eureka.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Two members from Fort Bragg.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Two members from Bodega Bay.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Two members from San Francisco.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Two members from Half Moon Bay.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Two members from ports south of Half Moon Bay.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
One member who has a valid California nonresident crab permit.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Elected members in each port shall represent the following production levels:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For ports with one elected
member, the member shall represent both the upper and lower production levels.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For ports with two elected members, one member shall represent the upper production level and one member shall represent the lower production level.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For ports with three elected members, one member shall represent the upper production level, one member shall represent the lower production level, and one member shall represent both the upper and lower production levels.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upper and lower production levels shall be determined in relation to the average landing, during the five-year period before the beginning of an election cycle, of valid crab permitholders who landed a minimum of 25,000 pounds of crab during that period.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Elections shall be held every three years
in each port, on a staggered basis across ports, in coordination with the department or the Ocean Protection Council and with support from an administrative team of the Dungeness crab task force. In an election year, all elected members in a port shall be subject to reelection. There is no limit on the number of terms that may be served by any person.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each member appointed pursuant to paragraph (1), (2), or (3) of subdivision (a) shall select an alternate to serve and, if applicable, vote in the member’s place in case of the member’s absence from, or disqualification from participating in, a meeting of the task force. If the position of a member appointed pursuant to one of those paragraphs becomes vacant, the alternate member shall serve until the position is filled as required pursuant to that paragraph.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Each elected member shall select an
alternate in the same port and production level to serve and vote in the member’s place in case of the member’s absence from, or disqualification from participating in, a meeting of the task force. If the position of the member becomes vacant, the alternate shall serve and vote in the member’s place until the next election is held in the port pursuant to subdivision (c).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The Dungeness crab task force shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Review and evaluate the commercial Dungeness crab management measures described in Section 8276.5, and make recommendations to the Joint Committee on Fisheries and Aquaculture, the department, and the commission, no later than January 15, 2022, and by January 15 of every third year thereafter through
2038.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Make recommendations by the dates specified in paragraph (1) on all of the following: the need for a permanent Dungeness crab advisory committee, the economic impact of the program described in Section 8276.5 on permitholders of different tiers and the economies of different ports, the cost of the program to the department, including enforcement costs, the viability of a buyout program for the permitholders described in subparagraph (G) of paragraph (1) of subdivision (a) of Section 8276.5, refining commercial Dungeness crab management, and the need for statutory changes to accomplish task force objectives.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In considering commercial Dungeness crab management options, prioritize the review of pot limit restriction options, current and future commercial fishery effort, season modifications, essential fishery information needs, and
short- and long-term objectives for improved management.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The task force may establish subcommittees of specific user groups from the task force membership to focus on issues specific to commercial harvest or crab processing. The subcommittees shall report their recommendations, if any, to the task force.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The Ocean Protection Council may include in a grant funding to cover department staffing costs, as well as travel costs for task force participants as specified in paragraph (1) of subdivision (a).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Except as otherwise provided in Section 8276.5, a recommendation shall be forwarded to the Joint Committee on Fisheries and Aquaculture, the department, and the commission upon an affirmative vote of at least two-thirds of the voting members of the task force.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Eligibility to take crab in state waters and offshore for commercial purposes may be subject to restrictions, including, but not limited to, restrictions on the number of traps utilized by that person, if either of the following occurs:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A person holds a California Dungeness crab permit with California landings of less than 5,000 pounds between November 15, 2003, and July 15, 2008, inclusive, as reported in California landings receipts.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person has purchased a Dungeness crab permit on or after July 15, 2008, from a permitholder whose California landings were less than 5,000 pounds between November 15, 2003, and July 15, 2008, inclusive, as reported in California landings receipts.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section shall become inoperative on April 1,
2039, and, as of January 1, 2040, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2040, deletes or extends the dates on which it becomes inoperative and is repealed.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_64C5FAF6-36C8-4C8F-A08E-E8F45DEEC22A">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 8276.5 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_72971B86-BE97-4B3B-90BA-4692C16CA8F4">
<ns0:Num>8276.5.</ns0:Num>
<ns0:LawSectionVersion id="id_A90537EE-97C5-41B3-81D0-16F992E610C9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In consultation with the Dungeness crab task force, or its appointed representatives, the director shall adopt a program, on or before March 31, 2013, for Dungeness crab trap limits for all California permits. Unless the director finds that there is consensus in the Dungeness crab industry that modifications to the following requirements are more desirable, with evidence of consensus, including, but not limited to, the record of the Dungeness crab task force, the program shall include all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The program shall contain seven tiers of
Dungeness crab trap limits based on California landings receipts under California permits between November 15, 2003, and July 15, 2008, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The 55 California permits with the highest California landings shall receive a maximum allocation of 500 trap tags.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The 55 California permits with the next highest California landings to those in subparagraph (A) shall receive a maximum allocation of 450 trap tags.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The 55 California permits with the next highest California landings to those in subparagraph (B) shall receive a maximum allocation of 400 trap tags.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The 55 California permits with the next highest California landings to those in subparagraph (C) shall receive a maximum allocation of 350 trap tags.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The 55 California permits with the next highest California landings to those in subparagraph (D) shall receive a maximum allocation of 300 trap tags.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The remaining California permits with the next highest California landings to those in subparagraph (E), which are not described in paragraph (1) or (2) of subdivision (i) of Section 8276.4, shall receive a maximum allocation of 250 trap tags.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The California permits described in paragraphs (1) and (2) of subdivision (i) of Section 8276.4 shall receive a maximum allocation of 175 trap tags.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A participant in
the program shall meet all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Unless a participant receives a waiver pursuant to paragraph (3), pay a biennial fee for each trap tag issued pursuant to this section to pay the pro rata share of costs of the program, including, but not limited to, informing permitholders of the program, collecting fees, acquiring and sending trap tags to permitholders, paying for a portion of enforcement costs, and monitoring the results of the program. The fee shall not exceed five dollars ($5) per trap, per two-year period. All of the trap tags allocated to each permit pursuant to subdivision (a) shall be purchased by the permitholder or the permit shall be void.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Purchase a biennial crab trap limit permit of not more than one thousand dollars ($1,000) per two-year period to pay for the department’s reasonable regulatory costs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Not lease a crab trap tag, and transfer a tag only as part of a transaction to purchase a California permitted crab vessel.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A Dungeness crab trap that is fished shall contain a trap tag that is fastened to the main buoy, and an additional tag provided by the permitholder attached to the trap. The department shall mandate the information that is required to appear on both buoy and trap tags.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall issue a participant a waiver from the biennial fee for each trap tag described in subparagraph (A) of paragraph (2) if the participant is unable to fish due to mandatory military service and the participant submits a request for a waiver to the department at the same time that the participant renews the permit issued pursuant to subparagraph (B) of paragraph (2). A participant who receives a waiver
pursuant to this paragraph shall not apply to the department to fish for Dungeness crab during the first year of the waiver, but may apply to fish for Dungeness crab during the second year of the waiver if the participant pays the full cost of the biennial fee for each trap tag. The department shall not limit the number of times a participant may request a waiver.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (D) of paragraph (2), a vessel may transit state waters with Dungeness crab traps that are not tagged pursuant to subparagraph (D) of paragraph (2) if the traps contain either a valid Oregon or Washington trap tag, the traps are not deployed in state
waters, or all of the conditions required pursuant to Section 8285 are met.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The department shall annually provide an accounting of all costs associated with the crab trap limit program. The department shall use excess funds collected to reduce the cost of the crab trap limit permit fee or tag fee in subsequent years of the program.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A permitholder may replace lost tags by application to the department and payment of a fee not to exceed the reasonable costs incurred by the department. The department may waive or reduce a fee in the case of catastrophic loss of tags.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to criminal penalties authorized by law, a violation of the requirements of the program created pursuant to this section shall be subject to the following civil penalties:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Conviction of a first offense shall result in a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000) per illegal trap or fraudulent tag.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Conviction of a second offense shall result in a fine of not less than five hundred dollars ($500) and not more than two thousand five hundred dollars ($2,500) per illegal trap or fraudulent tag, and the permit may be suspended for one year.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Conviction of a third offense shall result in a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) per illegal
trap or fraudulent tag, and the permit may be permanently revoked.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The severity of a penalty within the ranges described in this subdivision shall be based on a determination whether the violation was willful or negligent and other factors.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The portion of monetary judgments for noncompliance that are paid to the department shall be deposited in the Dungeness Crab Account created pursuant to subdivision (e).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For the purposes of this section, a proposed recommendation that receives an affirmative vote of at least two-thirds of the voting members of the Dungeness crab task force may be transmitted to the director or the Legislature as a recommendation, shall be considered to be the consensus of the task force, and shall be considered to be evidence of consensus in the Dungeness crab industry. Any proposed
recommendation that does not receive a vote sufficient to authorize transmittal to the director or Legislature as a recommendation shall be evidence of a lack of consensus by the Dungeness crab task force, and shall be considered to be evidence of a lack of consensus in the crab industry.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The director may modify the program adopted pursuant to subdivision (a), if consistent with the requirements of this section, after consultation with the Dungeness crab task force or its representatives and after the task force has had 60 days or more to review the proposed modifications and recommend any proposed changes. The director may implement the modifications earlier than 60 days after it is sent to the Dungeness crab task force for review, if recommended by the task force.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The Dungeness Crab Account is hereby established in the Fish and Game Preservation Fund and the fees
collected pursuant to this section shall be deposited in that account. The moneys in the account shall be used as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
By the department, upon appropriation by the Legislature, for administering and enforcing the program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In each fiscal year through the 2039 fiscal year, upon appropriation by the Legislature, of the amount remaining in the account after an allocation pursuant to paragraph (1), the sum of one hundred fifty thousand dollars ($150,000), if available, shall be
allocated to the council to support the administration and facilitation of the Dungeness crab task force.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Beginning in fiscal year 2027, and every two fiscal years thereafter through fiscal year 2039, the amount remaining in the account after the allocations pursuant to paragraphs (1) and (2) are made shall be deposited into the Dungeness Crab Fleet Subaccount established pursuant to section 8276.6.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of meeting the necessary expenses of initial organization and operation of the program until fees may be collected, or other funding sources may be received, the department may borrow
moneys as needed for these expenses from the council. The borrowed moneys shall be repaid within one year from the fees collected or other funding sources received. The council shall give high priority to providing funds or services to the department, in addition to loans, to assist in the development of the program, including, but not limited to, the costs of convening the Dungeness crab task force, environmental review, and the department’s costs of attending meetings with task force members.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the department, the council, and the Dungeness crab task force work with the Pacific States Marine Fisheries Commission and the Tri-State Dungeness
Crab Commission to resolve any issues pertaining to moving the fair start line south to the border of California and Mexico.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, the resolution of issues pertaining to the fair start line shall be limited to assessing the positive and negative implications of including District 10 in the tri-state agreement, including working with the Tri-State Dungeness Crab Commission to amend Oregon and Washington laws to include District 10 in the regular season fair start clause, and discussion of providing different rules for District 10 with regard to preseason quality testing.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this section, “council” means the Ocean Protection Council established pursuant to Section 35600 of the Public Resources Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall become inoperative on April 1,
2039, and, as of January 1,
2040, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2040, deletes or extends the dates on which it becomes inoperative and is repealed.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_484647AA-441B-45CE-95CA-F0A8BD4B6915">
<ns0:Num>SEC. 9.</ns0:Num>
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Section 8276.6 is added to the
<ns0:DocName>Fish and Game Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E58997A2-A058-4800-A0FD-856050B23447">
<ns0:Num>8276.6.</ns0:Num>
<ns0:LawSectionVersion id="id_7180EECF-8AA9-4A15-B81E-06A03848E29B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Dungeness Crab Fleet Subaccount is hereby established in the Dungeness Crab Account established pursuant to Section 8276.5. Funds shall be deposited into the subaccount in accordance with paragraph (3) of subdivision (e) of Section 8276.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The moneys deposited into the subaccount shall be managed and overseen by the Pacific States Marine Fisheries Commission.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The moneys in the subaccount shall be available, upon appropriation by the Legislature, to implement the spending plan developed by the California Dungeness crab task force pursuant to subdivision (b).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The California Dungeness crab task force shall, on or before December 31, 2027, and by December 31 annually thereafter until December 31, 2039, develop and submit to the Legislature a spending plan for the funds in the subaccount.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The task force shall submit the plan pursuant to paragraph (1) in accordance with Section 9795 of the Government Code.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_7FC3917E-4469-4EA9-B4FA-AFB84D97C4E4">
<ns0:Num>SEC. 10.</ns0:Num>
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Section 8279.1 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9C57391C-4F0C-48F4-8F2D-997946631513">
<ns0:Num>8279.1.</ns0:Num>
<ns0:LawSectionVersion id="id_92D1EDC8-0EB8-4B9F-B73C-6B956A72C17C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person shall not take, possess onboard, or land Dungeness crab for commercial purposes from a vessel in ocean waters for 30 days after the opening of those waters for the commercial Dungeness crab fishing season, if both of the following events have occurred:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The opening of the season has been delayed in those waters.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The same vessel was used to take, possess onboard, or land Dungeness crab for commercial purposes, from ocean waters outside of the delayed waters, before the opening of the delayed waters for the season.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, a delay in the opening of ocean waters for the commercial Dungeness crab
fishing season has occurred in either of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The opening of those waters for the season has been delayed pursuant to Section 5523 or 8276.2 or the regulations adopted pursuant to Section 8276.1.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The opening of those waters for the season has been delayed in Oregon or Washington due to the tri-state quality testing program or by a closure to prevent a risk to human health or a risk of marine life entanglement.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A violation of this section does not constitute a misdemeanor. Pursuant to Section 7857, the commission shall revoke the Dungeness crab vessel permit that was issued for use on the vessel that was used in violation of this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall become inoperative on April 1,
2039, and, as of January 1,
2040, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2040, deletes or extends the dates on which it becomes inoperative and is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_07B08103-67FD-4C0E-A9BF-8C7BA5EBBBD5">
<ns0:Num>SEC. 11.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FGC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8280.1.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 8280.1 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_19A8D2CE-38B1-4C01-B871-DE2D3459D359">
<ns0:Num>8280.1.</ns0:Num>
<ns0:LawSectionVersion id="id_ED9BB82B-72E5-442E-A21F-690869AC088D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person shall not use a vessel to take, possess, or land Dungeness crab for commercial purposes using Dungeness crab traps authorized pursuant to Section 9011, unless the owner of that vessel has a Dungeness crab vessel permit for that vessel that has not been suspended or revoked.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person shall not be issued a new, original Dungeness crab vessel permit. A Dungeness crab vessel permit may be issued only pursuant to a renewal or transfer of an existing permit as provided in Section 8280.2 or 8280.3.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A permit issued pursuant to paragraph (3) of subdivision (b) of this section, as this section read on August 1, 2018, or any prior version of that paragraph, shall become immediately null and
void upon the death of the permittee.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In addition to criminal penalties authorized by law, a person who fishes without a Dungeness crab vessel permit, or who uses a Dungeness crab vessel permit to fish illegally on another vessel other than the permitted one, shall be subject to a fine not more than twenty thousand dollars ($20,000) and, at the discretion of the department, revocation of the person’s fishing license for a period not to exceed five years and revocation of the commercial boat registration license for a period not to exceed five years.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall become inoperative on April 1, 2039, and, as of January 1,
2040, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2040, deletes or extends the dates on which it becomes inoperative and is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_104433F3-1F4A-43E2-80AE-BE7ED3011600">
<ns0:Num>SEC. 12.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FGC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8280.2.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 8280.2 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4C1160F8-5211-4093-85A9-893CE2AEC261">
<ns0:Num>8280.2.</ns0:Num>
<ns0:LawSectionVersion id="id_7B206D97-9636-42A6-9FE0-0467F57B70EF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The owner of a Dungeness crab vessel, for purposes of this section, may include a person with a bona fide contract for the purchase of a vessel who otherwise meets all other qualifications for a Dungeness crab vessel permit. If a contract is found to be fraudulent or written or entered into for the purposes of circumventing qualification criteria for the issuance of a permit, the applicant shall be permanently ineligible for a Dungeness crab vessel permit.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A Dungeness crab vessel permit shall be issued only to the person owning the vessel at the time of application for that permit. A person shall not be issued more than one permit for each vessel owned by that person and qualifying for a permit pursuant to this article.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A Dungeness crab vessel permit shall be issued only to the owner of a vessel taking crab by traps. A permit shall not be issued to the owner of a vessel using trawl or other nets unless the owner of that vessel qualifies for a permit pursuant to paragraph (1) of subdivision (b) of Section 8280.1, as that section read on August 1, 2018, or any prior version of that paragraph. A trawl or other net vessel authorized under this code to take Dungeness crab incidental to the taking of fish in trawl or other nets shall not be required to possess a Dungeness crab vessel permit.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Dungeness crab vessel permits shall not be combined or otherwise aggregated for the purpose of replacing smaller vessels in the fishery with a larger vessel, and a permit shall not be divided or otherwise separated for the purpose of replacing a vessel in the fishery with two or more smaller vessels.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Applications for renewal of a Dungeness crab vessel permit shall be received by the department, or, if mailed, postmarked, by April 30 of each year. In order for a vessel to retain eligibility, a permit shall be obtained each year subsequent to the initial permit year and the vessel shall be registered pursuant to Section 7881. The vessel owner shall have a valid commercial fishing license issued to that person pursuant to Section 7852 that has not been suspended or revoked. Minimum landings of Dungeness crab shall not be required annually to be eligible
for a Dungeness crab vessel permit.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become inoperative on April 1, 2039, and, as of January 1, 2040, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2040, deletes or extends the dates on which it becomes inoperative and is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_28A15E94-039F-4DBE-8085-D19F5673A892">
<ns0:Num>SEC. 13.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FGC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8280.3.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 8280.3 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C535D95D-3EA3-45B8-94A0-EA03091FD699">
<ns0:Num>8280.3.</ns0:Num>
<ns0:LawSectionVersion id="id_6CDED9C3-D0CE-4BB3-AB8C-9A5687BF18D0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, the term “length overall” means the horizontal distance between the forward-most and after-most points on the hull of a vessel. The length overall of a vessel does not include attachments fixed to the stern and bow.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding Article 9 (commencing with Section 8100) of Chapter 1 and except as provided in this section, a Dungeness crab vessel permit shall not be transferred.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The owner of a vessel to whom a Dungeness crab vessel permit has been issued shall transfer the permit for the use of that vessel upon the sale of the vessel by the permitholder to the person purchasing the vessel, except that the permit shall not be
transferred if the vessel is more than five feet longer in length overall, as determined by a licensed marine surveyor, than the baseline length on the permit. Thereafter, upon notice to the department, the person purchasing the vessel may use the vessel for the taking and landing of Dungeness crab for any and all of the unexpired portion of the permit year, and that person is eligible for a permit pursuant to this article for the use of that vessel in subsequent years. The person purchasing the vessel shall not transfer the permit for use of that vessel in the Dungeness crab fishery to another replacement vessel during the same permit year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A permit described in subdivision (c) of Section 8280.1 shall not be transferred pursuant to this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The owner of a vessel to whom the Dungeness crab vessel permit has been issued may transfer the permit to a replacement
vessel of equivalent capacity, except as specified in this section. Thereafter, upon notice to the department and payment of the transfer fee specified in Section 8280.6, the replacement vessel may be used for the taking and landing of Dungeness crab for any and all of the unexpired portion of the permit year and that person is eligible for a permit pursuant to this article for the use of that replacement vessel in subsequent years.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The owner of a permitted vessel may transfer the permit to a vessel of greater capacity as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the person the permit is to be transferred to purchased the vessel of greater capacity on or before November 15, 1995, the vessel of greater capacity
shall not be more than 10 feet longer in length overall than the baseline length on the permit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the person the permit is to be transferred to purchased the vessel of greater capacity after November 15, 1995, the vessel of greater capacity shall not be more than five feet longer in length overall than the baseline length on the permit.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A permit described in subdivision (c) of Section 8280.1 shall not be transferred pursuant to this subdivision.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department may authorize the owner of a permitted vessel to transfer the permit to a replacement
vessel that was owned by the person the permit is to be transferred to on or before April 1, 1996, that does not fish with trawl nets that is greater than five feet longer in length overall than the baseline length on the permit, if all of the following conditions are satisfied:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A vessel of a larger size is essential to the proposed permitholder for participation in another fishery other than a trawl net fishery.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The owner of the permitted vessel held a permit on or before January 1, 1995, for the fishery for which a larger vessel is needed and has participated in that fishery.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The permit for the vessel from which the permit is to be transferred qualified pursuant to paragraph (1) of subdivision (b) of Section 8280.1, as that section read on August 1, 2018, or any prior version of that paragraph.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The vessel to which the permit is to be transferred does not exceed 20 feet longer in length overall than the baseline length on the permit and the vessel to which the permit is to be transferred does not exceed 60 feet in length overall.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A permit was not previously transferred to the same replacement vessel.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A permit described in subdivision (c) of Section 8280.1 shall not be transferred pursuant to this subdivision.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A transfer of a permit to a larger vessel shall not be allowed more than one time. If a permit is transferred to a larger vessel, any Dungeness crab vessel permit for that permit year or any subsequent permit years for that larger vessel shall not be transferred to another larger vessel. The department shall not thereafter
issue a Dungeness crab vessel permit for the use of the original vessel from which the permit was transferred, except that the original vessel may be used to take or land Dungeness crab after that transfer if its use is authorized pursuant to another Dungeness crab vessel permit subsequently transferred to that vessel pursuant to subdivision (d), (e), or (f).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon the written approval of the department, the owner of a vessel to whom the Dungeness crab vessel permit has been issued, which has California Dungeness crab landings made with trap gear documented on department electronic fish tickets and which has had California Dungeness crab landings amounting to not less than 5,000 pounds cumulative for the past two Dungeness crab seasons, may temporarily transfer the permit to a replacement vessel for which use in the Dungeness crab fishery is not permitted pursuant to this article that is of equivalent size and
capacity of the originally permitted vessel, no greater than 10 feet longer in length overall than the vessel from which the permit is transferred, for a period of not more than six months during the current permit year if the vessel for which the permit was issued is seriously damaged, suffers major mechanical breakdown, or is lost or destroyed, as determined by the department, upon approval of the director. The owner of the vessel shall submit proof that the department may reasonably require to establish the existence of the conditions of this paragraph. Only the permittee at the time of the loss, theft, damage, breakdown, or destruction of the vessel may apply for the transfer of the vessel permit. Proof of loss or destruction shall be documented by submission of a copy of the report filed with the United States Coast Guard or any other law enforcement or fire agency that investigated the loss. In the case of mechanical breakdown, the request shall include an estimate of the costs to repair the vessel
from a marine surveyor or boat repair yard. The department shall not issue a permit for a replacement vessel pursuant to this subdivision if the permitted vessel was reported lost, stolen, mechanically broken down, destroyed, or damaged for fraudulent purposes. Upon approval by the director, the owner of a vessel granted a six-month temporary transfer under this section may be granted an additional six-month extension of the temporary transfer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding subdivision (e) of Section 8280.2, in the event of loss or destruction of a vessel for which a Dungeness crab vessel permit was issued, or serious damage that renders the vessel inoperable, and upon written approval of the department, the owner of the vessel to whom the permit was issued may retain the permit and may transfer the permit to another vessel of equivalent size and capacity of the vessel that was lost or damaged during the period of two years after the loss or damage of
the vessel for which the permit was originally issued. The owner of the lost or damaged vessel shall submit proof that the department may reasonably require to establish the loss or damage of the vessel. Only the permittee at the time of the loss, theft, damage, or destruction of the vessel may apply for the transfer of the vessel permit. Proof of loss or destruction shall be documented by submission of a copy of the report filed with the United States Coast Guard or any other law enforcement or fire agency that investigated the loss. In the case of mechanical breakdown, the request shall include an estimate of the costs to repair the vessel from a marine surveyor or boat repair yard. The department shall not issue a permit for a replacement vessel pursuant to this paragraph if the lost or damaged vessel was reported lost, stolen, destroyed, mechanically broken down, or damaged for fraudulent purposes. The department shall only transfer a permit pursuant to this paragraph if the lost or damaged vessel has a
current permit and the owner of the lost or damaged vessel makes assurances in the application that any renewal of the permit that becomes due during the application processing period will be made. If the permit is not permanently transferred to another vessel within two years of the loss or damage, the permit shall become void by operation of law.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Upon written approval of the department, the owner of a vessel to whom the Dungeness crab vessel permit has been issued may retain that permit upon the sale of that permitted vessel for the purpose of transferring the permit to another vessel if the requirements of this section are satisfied, including the payment of transfer fees. If the permit is not transferred to a new vessel within one year of the sale of the permitted vessel, the permit shall become void by operation of law.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Except as provided in subdivision (c) of Section
8280.1, in the event of the death or incapacity of a permitholder, the permit shall be transferred, upon application, to the heirs or assigns, or to the working partner, of the permitholder, together with the transfer of the vessel for which the permit was issued, and the new owner may continue to operate the vessel under the permit, renew the permit, or transfer the permit upon sale of the vessel pursuant to subdivision (b). The estate of the holder of a transferable Dungeness crab vessel permit may renew that permit as provided for in statute if needed to keep it valid. The estate of the decedent may transfer that permit pursuant to these regulations no later than two years from the date of death of the permitholder as listed on the death certificate.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, the baseline length on a Dungeness crab vessel permit shall be equal to the length overall of the vessel for which the permit was
originally issued, as originally documented on the permit, unless updated pursuant to paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If, on or before March 31, 2020, the owner of a vessel to whom a Dungeness crab vessel permit has been issued submits to the department a survey reflecting a current length overall of the vessel that is greater than the length overall described in paragraph (1), the baseline length on the permit shall be equal to that current length overall.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A survey submitted pursuant to subparagraph (A) shall be conducted by a licensed marine surveyor.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
This section shall become inoperative on April 1,
2039, and, as of January 1, 2040, is repealed, unless a later enacted statute, that becomes operative on or before January 1,
2040, deletes or extends the dates on which it becomes inoperative and is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_ED95B5D3-A007-42B0-A262-30F08B0EB910">
<ns0:Num>SEC. 14.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FGC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8280.4.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 8280.4 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3EA55ED4-B10C-450E-8F69-0A674706288C">
<ns0:Num>8280.4.</ns0:Num>
<ns0:LawSectionVersion id="id_F1FE008E-6316-4CB5-B4DE-24EDFC751A8B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The commission may revoke the commercial fishing license issued pursuant to Section 7852 of any person owning a fishing vessel engaging in the taking or landing of Dungeness crab by traps for which that person has not obtained a Dungeness crab vessel permit, and the commission may revoke the registration, issued pursuant to Section 7881, for that vessel.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall become inoperative on April 1, 2039, and, as of January 1,
2040,
is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2040, deletes or extends the dates on which it becomes inoperative and is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_71ED946C-66C9-4F68-BF59-279AEF902DE7">
<ns0:Num>SEC. 15.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FGC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8280.6.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 8280.6 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6193A9BF-C1BA-46EC-A5C4-B11464C2BAF9">
<ns0:Num>8280.6.</ns0:Num>
<ns0:LawSectionVersion id="id_AC9AD867-C2F8-42BC-81C0-04FDD9BEC122">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall charge a fee for each Dungeness crab vessel permit of two hundred dollars ($200) for a resident of California and four hundred dollars ($400) for a nonresident of California, for the reasonable regulatory costs of the department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall charge a nonrefundable fee of two hundred dollars ($200) for each transfer of a permit authorized pursuant to Section 8280.3, for the reasonable regulatory costs of the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A vessel owner shall sign an application for transfer and certify that the information included in the application is true to the best of
the owner’s information and belief.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall become inoperative on April 1,
2039, and, as of January 1, 2040, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2040, deletes or extends the dates on which it becomes inoperative and is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_44DEE921-0A7B-4543-A2B1-11C22CA0AEDE">
<ns0:Num>SEC. 16.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:type="locator" ns3:href="urn:caml:codes:FGC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8286'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 8286 is added to the
<ns0:DocName>Fish and Game Code</ns0:DocName>
,
<ns0:Positioning>immediately following Section 8285</ns0:Positioning>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E2708F8E-8560-4227-B3FA-4B4FEAB885FF">
<ns0:Num>8286.</ns0:Num>
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<ns0:Content>
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(a)
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A vessel may transit waters closed pursuant to this section with Dungeness crab traps and Dungeness crab onboard the vessel if all the following conditions are met:
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(1)
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The vessel shall submit a notice of intent to the department at least 72 hours before entering a closed area. The notice shall include all of the following:
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(A)
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The vessel’s name.
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(B)
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The vessel’s captain’s name and phone number.
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(C)
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The port of landing.
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(D)
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The number of trips anticipated where the vessel will enter a
closed area.
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(E)
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The requested start and end date of closed area transit.
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(F)
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The procedures the vessel will follow in case of mechanical failure or breakdown during transit.
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(2)
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The vessel maintains continuous transit through the closed waters.
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(3)
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The vessel possesses an electronic monitoring system approved by the department. The system shall remain fully operational during transit through closed areas.
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(4)
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All gear is secured so that no traps are rendered unusable.
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(b)
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The department shall provide an exemption from the requirements of subdivision (a) for a vessel experiencing mechanical issues during transit.
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(c)
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For purposes of this section, “continuous transit” means transiting through an area closed to take of Dungeness crab on a heading as close as practicable to a direct route, without stopping or delaying, and maintaining speeds greater than three knots at all times during transit.
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</ns0:BillSection>
<ns0:BillSection id="id_A3B3C6BE-DF6F-4177-B7A5-26FFEDA087EE">
<ns0:Num>SEC. 17.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FGC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'9002.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 9002.5 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_2CEF9F7E-B5EA-4E3E-8D8C-F0760FFF82CB">
<ns0:Num>9002.5.</ns0:Num>
<ns0:LawSectionVersion id="id_27BA1B0F-3EE3-4D92-A3A3-1551CEC9E602">
<ns0:Content>
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(a)
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Notwithstanding Section 9002, the department, in consultation with the Dungeness crab task force, shall establish a retrieval program to provide for the retrieval of lost or abandoned commercial Dungeness crab traps by June 30, 2019.
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(b)
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The retrieval program developed pursuant to subdivision (a) shall be consistent with all of the following:
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<html:p>
(1)
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(A)
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The department shall establish a retrieval permit that grants a person who obtains a retrieval permit the authority to retrieve Dungeness crab traps located in ocean waters belonging to another person without written permission from that person during both of the following periods of time:
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(i)
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The closed season of the Dungeness crab commercial fishery, as described in Section 8276.
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(ii)
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A period of time other than the time period described in clause (i) in which the director restricts the take of Dungeness crab pursuant to Section 8276.1 or regulations adopted pursuant to that section, if the director authorizes retrieval permitholders to retrieve traps during that time period.
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(B)
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The department may establish any qualifications it deems necessary for a person to obtain a retrieval permit.
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(C)
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The department shall require a permit fee in an amount necessary to fully recover, but not exceed, all reasonable administrative and implementation costs to the department of the retrieval program.
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(2)
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Notwithstanding Chapter 4 (commencing with Section 2080) of Title 6 of Part 4 of Division 3 of the Civil Code or any other law, any Dungeness crab trap retrieved under the authority of a retrieval permit shall become the property of the retrieval permitholder.
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(3)
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The department shall require a retrieval permitholder to notify the former trap owner of the retrieval of a Dungeness crab trap and to offer to sell the trap to the former owner for a reasonable recovery fee, as determined by the retrieval permitholder, based on the cost of trap retrieval and storage of the trap. The department shall impose per-trap fees on any former trap owner who refuses to pay the recovery fee to the retrieval permitholder. The department shall set the rate of these per-trap fees at a level sufficient to recover any costs to the department from handling noncompliance with the gear retrieval program and to reimburse the retrieval permitholder for
the reasonable cost of trap retrieval, storage, and disposal of crab traps belonging to a former owner who refuses to pay the recovery fees for those traps and, upon appropriation by the Legislature, shall use the proceeds of the per-trap fees for these purposes. The department shall annually adjust the per-trap fees pursuant to Section 713.
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(4)
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Notwithstanding Section 8022, the department may release contact information to a retrieval permitholder for purposes of the retrieval program under terms and conditions as the department deems necessary to preserve the confidentiality of the information released. Any release of information pursuant to this section does not constitute a waiver of any applicable exemptions from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
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<html:p>
(5)
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The department may deny an
application for renewal or transfer of a Dungeness crab vessel permit until the applicant pays any fees imposed pursuant to paragraph (3).
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(6)
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The department shall submit the proposed retrieval program developed pursuant to this section to the Dungeness crab task force for review, and shall not implement the retrieval program until the task force has had 60 days or more to review the proposed retrieval program and recommend any proposed changes. The director may implement the retrieval program earlier than 60 days after it is submitted to the Dungeness crab task force for review, if recommended by the task force.
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<html:p>
(c)
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This section shall become inoperative on April 1, 2039,
and, as of January 1, 2040, is repealed, unless a later enacted statute, that becomes operative on or before January 1,
2040, deletes or extends the dates on which it becomes inoperative and is repealed.
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</ns0:BillSection>
<ns0:BillSection id="id_9D7AB4F4-F8F6-46BC-984B-25C7EFC6A558">
<ns0:Num>SEC. 18.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
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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
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B of the California Constitution.
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</ns0:Bill>
</ns0:MeasureDoc>