BILL NUMBER: AB 1442 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Water, Parks and Wildlife (Huffman
(Chair), Fuller (Vice Chair), Arambula, Tom Berryhill, Blumenfield,
Caballero, Fletcher, Bonnie Lowenthal, John A. Perez, Salas, and
Yamada)
FEBRUARY 27, 2009
An act to amend Sections 1053, 3050, 4011, 5654, 7149.45, 8035,
8036, 8280.6, 8405.4, 12159, 12160, and 12161 of, and to add Section
859 to, the Fish and Game Code, and to amend Sections 8670.3,
8670.61.5, and 8670.67 of the Government Code, relating to natural
resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1442, as introduced, Committee on Water, Parks and Wildlife.
Fish and game: oil spills: wildlife rehabilitation.
(1) Existing law generally requires the Director of Finance to
approve every gift or dedication to the state of personal property,
or every gift to the state of real property in fee or in any lesser
estate or interest, unless the Legislature specifically provides that
approval is not required.
This bill would authorize the department to seek and accept grants
and donations from private and public organizations and agencies for
the purpose of administering the Canine (K9) Program.
(2) Existing law requires each person who takes birds or mammals
in California to apply for, and be granted, a hunting license and
requires any person who applies for a hunting license to meet
specified requirements.
This bill would authorize the department to issue collectible,
commemorative licenses to any person for purposes of promoting and
supporting licensed hunting and resource conservation.
(3) Existing law allows specified state and federal officials to
take certain mammals involved in dangerous disease outbreaks.
This bill would additionally authorize county officials to take
mammals pursuant to that provision upon the approval of, and in a
manner approved by, the Director of Fish and Game, or his or her
designee.
(4) Under existing law, it is unlawful for any person to fish with
two rods without first obtaining a second-rod sport fishing
validation, in addition to a valid California sport fishing license
validation, and having that validation affixed to his or her valid
sport fishing license. Any person who has a second-rod validation may
fish with two rods in inland waters in any sport fishery in which
the regulations of the commission provide for the taking of fish by
angling, except those waters in which only artificial lures or
barbless hooks may be used.
This bill would exclude the waters of the Smith River in Del Norte
County from inland waters in which two rods can be used.
(5) Existing law exempts a licensed fish importer from the
requirement to obtain a fish wholesaler's license.
This bill would revise that provision to exempt from that
requirement a licensed fish importer who only purchases or obtains
fish from out of state.
(6) Existing law requires the department to charge a specified fee
for a Dungeness crab vessel permit or permit transfer. Existing law
provides that those provisions shall become inoperative on April 1,
2010, and, as of January 1, 2011, are repealed.
This bill would extend the operation of those provisions until
April 1, 2012, and would repeal those provisions on January 1, 2013.
(7) Existing law governs the sea cucumber fishery in this state.
Under existing law, sea cucumbers cannot be taken, possessed aboard a
boat, or landed by a person for commercial purposes except under a
valid sea cucumber permit issued by the department. The Fish and Game
Commission is authorized to adopt regulations that it determines may
reasonably be necessary to protect the sea cucumber resource and
assure a sustainable sea cucumber fishery or to enhance enforcement
activities. A violation of existing law or regulations adopted
pursuant thereto is a crime. Existing law provides that those
provisions shall become inoperative on April 1, 2010, and, as of
January 1, 2011, are repealed.
This bill would extend the operation of those provisions until
April 1, 2010, and would repeal those provisions on January 1, 2011.
Because this bill would extend the operation of the sea cucumber
permit program and the regulations and thereby the crimes imposed for
a violation of those provisions, the bill would create a
state-mandated local program by creating new crimes.
(8) The Lempert-Keene-Seastrand Oil Spill Prevention and Response
Act generally requires the administrator for oil spill response,
acting at the direction of the Governor, to implement activities
relating to oil spill response, including drills and preparedness,
and oil spill containment and cleanup, and to represent the state in
any coordinated response efforts with the federal government. The act
requires responsible parties, as defined, to fully mitigate adverse
impacts to wildlife, fisheries, wildlife habitat, and fisheries
habitat. Full mitigation is required to be provided by successfully
carrying out environmental projects or funding restoration activities
required by the administrator in carrying out projects. The act
authorizes the administrator, if any significant wildlife
rehabilitation is necessary, to require the responsible party to
prepare and submit a wildlife rehabilitation plan.
This bill would revise that wildlife rehabilitation plan provision
to authorize the administrator to require the responsible party to
prepare and submit to the administrator, and to implement, a wildlife
rehabilitation plan.
(9) The act defines "nonpersistent oil" to means a petroleum-based
oil, such as gasoline, diesel, or jet fuel, that has specified
characteristics.
This bill would exclude diesel from that definition.
(10) Existing law requires the department to seize all birds,
mammals, fish, reptiles, or amphibians, or any part thereof, that
have been unlawfully taken, possessed, sold, imported, or
transported.
This bill would revise that provision to also include plants and
aquaculture animals and products, or any part thereof. The bill would
make certain conforming changes to related provisions of existing
law.
(11)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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 859 is added to the Fish and Game Code, to
read:
859. Notwithstanding Section 11005 of the Government Code, the
department may seek and accept grants and donations from private and
public organizations and agencies for the purpose of administering
the Canine (K9) Program. The acceptance of one-time donations valued
over $15,000 shall require approval of the Department of Finance.
SEC. 2. Section 1053 of the Fish and Game Code is amended to read:
1053. No A person shall not
obtain more than one license, permit, reservation, or other
entitlement of the same class, or more than the number of tags
authorized by statute or regulation for the same license year, except
under one of the following conditions:
(a) Licenses issued pursuant to paragraphs (4) and (5) of
subdivision (a) of Section 3031, subdivision (d) of Section
3050, paragraphs (3), (4), and (5) of subdivision (a) of
Section 7149, and paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149.05 , and paragraphs (4) and
(5) of subdivision (a) of Section 3031 .
(b) The loss or destruction of an unexpired license, tag, permit,
reservation, or other entitlement as certified by the applicant's
signed affidavit and proof, as determined by the department, that the
original license, tag, permit, reservation, or other entitlement was
issued, and payment of a base fee of five dollars ($5), adjusted
pursuant to Section 713, not to exceed the fee for the original
entitlement.
(c) The adjustment of the base fee pursuant to Section 713 applies
to the hunting license years commencing on or after July 1, 1996,
and the fishing license years commencing on or after January 1, 1996.
SEC. 3. Section 3050 of the Fish and Game Code is amended to read:
3050. (a) No A hunting license
may shall not be issued to any person
unless he or she presents to the person authorized to issue that
license any of the following:
(1) Evidence that he or she has held a hunting license issued by
this state in a prior year.
(2) Evidence that he or she holds a current hunting license, or a
hunting license issued in either of the two previous hunting years by
another state or province.
(3) A certificate of completion of a course in hunter education,
principles of conservation, and sportsmanship, as provided in this
article. A hunter education instruction validation stamp shall be
permanently affixed to certificates of completion that have been
issued before January 1, 2008.
(4) A certificate of successful completion of a hunter education
course in another state or province.
(5) Evidence of completion of a course in hunter education,
principles of conservation, and sportsmanship, which the commission
may, by regulation, require.
(b) The evidence required in subdivision (a) shall be forwarded to
the department with the license agent's report of hunting license
sales as required pursuant to Section 1055.5.
(c) Subdivision (a) does not apply to any person purchasing a
hunting license under paragraph (5) of subdivision (a) of Section
3031. However, that license shall not qualify as evidence required in
subdivision (a) of this section.
(d) The department may issue collectible, commemorative licenses
to any person for purposes of promoting and supporting licensed
hunting and resource conservation, subject to all of the following:
(1) A commemorative license may be designed and produced in the
same image and manner of a valid hunting license, and shall be
clearly marked and identified as a commemorative license, rendering
it invalid for the take of any mammal or bird.
(2) If a commemorative license is designed and produced in
accordance with paragraph (1), that commemorative license may be
obtained only after the expiration of the valid hunting license.
(3) A commemorative license shall not confer any rights,
privileges, or other entitlements to any person purchasing or in
possession of such a license.
(4) Section 3031, subdivision (a) of this section, and subdivision
(a) of Section 1052 do not apply to any person purchasing a
commemorative license.
(5) A commemorative license shall not qualify as evidence required
in subdivision (a).
SEC. 4. Section 4011 of the Fish and Game Code is amended to read:
4011. (a) Fur-bearing mammals, game
mammals, and nongame mammals, when involved in dangerous disease
outbreaks, may be taken by duly constituted federal officers
of the United States Departments of Agriculture, Interior, and
Public Health and state officers of the California Departments of
Food and Agriculture, Health Services, and Fish and Game.
officials of any of the following:
(1) The United States Department of Agriculture.
(2) The United States Department of the Interior.
(3) The United States Department of Health and Human
Services.
(4) The Department of Food and Agriculture.
(5) The State Department of Public Health.
(6) The department.
(b) A county official may take fur-bearing mammals, game
mammals, and nongame mammals pursuant to this section, upon the prior
approval of the director or his or her designee and in a manner
approved by the director or his or her designee.
SEC. 5. Section 5654 of the Fish and Game Code is amended to read:
5654. (a) (1) Notwithstanding Section 7715 and except as provided
in paragraph (2), the director, within 24 hours of notification of a
spill or discharge, as those terms are defined in subdivision
(aa) (ad) of Section 8670.3 of the
Government Code, where any fishing, including all commercial,
recreational, and nonlicensed subsistence fishing, may take place, or
where aquaculture operations are taking place, shall close to the
take of all fish and shellfish all waters in the vicinity of the
spill or discharge or where the spilled or discharged material has
spread, or is likely to spread. In determining where a spill or
discharge is likely to spread, the director shall consult with the
Administrator of the Office of Spill Prevention and Response. At the
time of closure, the department shall make all reasonable efforts to
notify the public of the closure, including notification to
commercial and recreational fishing organizations, and posting of
warnings on public piers and other locations where subsistence
fishing is known to occur. The department shall coordinate, when
possible, with local and regional agencies and organizations to
expedite public notification.
(2) Closure pursuant to paragraph (1) is not required if, within
24 hours of notification of a spill or discharge, the Office of
Environmental Health Hazard Assessment finds that a public health
threat does not or is unlikely to exist.
(b) Within 48 hours of notification of a spill or discharge
subject to subdivision (a), the director, in consultation with the
Office of Environmental Health Hazard Assessment, shall make an
assessment and determine all of the following:
(1) The danger posed to the public from fishing in the area where
the spill or discharge occurred or spread, and the danger of
consuming fish taken in the area where the spill or discharge
occurred or spread.
(2) Whether the areas closed for the take of fish or shellfish
should be expanded to prevent any potential take or consumption of
any fish or shellfish that may have been contaminated by the spill or
discharge.
(3) The likely period for maintaining a closure on the take of
fish and shellfish in order to prevent any possible contaminated fish
or shellfish from being taken or consumed or other threats to human
health.
(c) Within 48 hours after receiving notification of a spill or
discharge subject to subdivision (a), or as soon as is feasible, the
director, in consultation with the Office of Environmental Health
Hazard Assessment, shall assess and determine the potential danger
from consuming fish that have been contained in a recirculating
seawater tank onboard a vessel that may become contaminated by the
vessel's movement through an area where the spill or discharge
occurred or spread.
(d) If the director finds in his or her assessment pursuant to
subdivision (b) that there is no significant risk to the public or to
the fisheries, the director may immediately reopen the closed area
and waive the testing requirements of subdivisions (e) and (f).
(e) Except under the conditions specified in subdivision (d),
after complying with subdivisions (a) and (b), the director, in
consultation with the Office of Environmental Health Hazard
Assessment, but in no event more than seven days from the
notification of the spill or discharge, shall order expedited tests
of fish and shellfish that would have been open for take for
commercial, recreational, or subsistence purposes in the closed area
if not for the closure, to determine the levels of contamination, if
any, and whether the fish or shellfish is safe for human consumption.
(f) (1) Within 24 hours of receiving a notification from the
Office of Environmental Health Hazard Assessment that no threat to
human health exists from the spill or discharge or that no
contaminant from the spill or discharge is present that could
contaminate fish or shellfish, the director shall reopen the areas
closed pursuant to this section. The director may maintain a closure
in any remaining portion of the closed area where the Office of
Environmental Health Hazard Assessment finds contamination from the
spill or discharge persists that may adversely affect human health.
(2) The director, in consultation with the commission, may also
maintain a closure in any remaining portion of the closed area where
commercial fishing or aquaculture occurs and where the department
determines, pursuant to this paragraph, that contamination from the
spill or discharge persists that may cause the waste of commercial
fish or shellfish as regulated by Section 7701.
(g) To the extent feasible, the director shall consult with
representatives of commercial and recreational fishing associations
and subsistence fishing communities regarding the extent and duration
of a closure, testing protocols, and findings. If a spill or
discharge occurs within the lands governed by a Native American tribe
or affects waters flowing through tribal lands, or tribal fisheries,
the director shall consult with the affected tribal governments.
(h) The director shall seek full reimbursement from the
responsible party or parties for the spill or discharge for all
reasonable costs incurred by the department in carrying out this
section, including, but not limited to, all testing.
SEC. 6. Section 7149.45 of the Fish and Game Code is amended to
read:
7149.45. (a) It is unlawful for any person to fish with two rods
without first obtaining a second-rod sport fishing validation, in
addition to a valid California sport fishing license validation, and
having that validation affixed to his or her valid sport fishing
license. Any person who has a valid second-rod sport fishing
validation affixed to his or her valid sport fishing license may fish
with two rods in inland waters in any sport fishery in which the
regulations of the commission provide for the taking of fish by
angling, except those waters in which only artificial lures or
barbless hooks may be used and the waters of the Smith River in
Del Norte County .
(b) The department or an authorized license agent shall issue a
second-rod sport fishing validation upon payment of a base fee of
seven dollars and fifty cents ($7.50) during the 1995 calendar year
and subsequent years, as adjusted under Section 713.
(c) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
SEC. 7. Section 8035 of the Fish and Game Code is amended to read:
8035. (a) Except for a person exempt under Section 8030
or an importer licensed under Section 8036 , any person
who, for the purpose of resale to other than the ultimate consumer,
purchases or obtains fish from another person, who is required to be
licensed as a fish receiver, fish processor, fish importer, or fish
wholesaler under this article, shall obtain a fish wholesaler's
license.
(b) The annual fee for a fish wholesaler's license is three
hundred seventy-one dollars ($371).
(c) This section does not apply to either of the following:
persons
(1) Persons required to have a
marine aquaria receiver's license pursuant to Section 8033.1.
(2) Persons licensed pursuant to Section 8036 who only purchase or
obtain fish from outside this state.
SEC. 8. Section 8036 of the Fish and Game Code is amended to read:
8036. (a) Any person who purchases or
receives fish, which are taken outside of this state and brought into
this state by a person who is not a licensed commercial fisherman,
for the purpose of resale to other than the ultimate consumer shall
obtain a fish importer's license. The annual fee for a fish importer'
s license is five hundred forty-nine dollars ($549).
(b) Any person who, for the purpose of resale to other than the
ultimate consumer, purchases or obtains fish within California in
addition to fish that are purchased, obtained, or taken outside of
the state, shall obtain both a wholesaler's license pursuant to
Section 8035 and an importer's license pursuant to this section.
SEC. 9. Section 8280.6 of the Fish and Game Code is amended to
read:
8280.6. (a) 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.
(b) The department shall charge a nonrefundable fee of two hundred
dollars ($200) for each transfer of a permit authorized pursuant to
paragraph (2), (4), or (5) of subdivision (a) of Section 8280.3.
(c) This section shall become inoperative on April 1,
2010 2012 , and, as of January 1, 2011
2013 , is repealed, unless a later enacted
statute that is enacted before January 1, 2011
2013 , deletes or extends the dates on which it becomes
inoperative and is repealed.
SEC. 10. Section 8405.4 of the Fish and Game Code is amended to
read:
8405.4. This article shall become inoperative on April 1,
2010 2015 , and as of January 1,
2011 2016 , is repealed, unless a later
enacted statute that is enacted before January 1, 2011
2016 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 11. Section 12159 of the Fish and Game Code is amended to
read:
12159. All birds, mammals, fish, reptiles, or amphibia
aquaculture animals and products, plants, or
amphibians , or any part thereof, which have been taken,
possessed, sold, imported, or transported contrary to any of the laws
of this state shall be seized by the department, and, in accordance
with the commission's regulations, notice of seizure shall be given
to the person who had possession of the birds, mammals, fish,
reptiles, or amphibia aquaculture animals
and products, plants, or amphibians , or any part
thereof, at the time of the seizure if that person is known.
SEC. 12. Section 12160 of the Fish and Game Code is amended to
read:
12160. All birds, mammals, fish, reptiles, or amphibia
aquaculture animals and products, plants, or
amphibians , or any part thereof, seized in accordance with
Section 12159, the sale of which is not prohibited and which have a
current market value of one hundred dollars ($100) or more, shall be
packed, preserved, sold for bait, used for fish food in state-owned
fish hatcheries, or otherwise put to economical use immediately upon
seizure, at the prevailing market price for legal birds, mammals,
fish, reptiles, or amphibia aquaculture
animals and products, plants, or amphibians in effect on the
date of seizure. Any proceeds thereof shall be placed in the Fish and
Game Preservation fund. If the person from whom such birds, mammals,
fish, reptiles, or amphibia aquaculture
animals and products, plants, or amphibians were seized is not
convicted in a court of competent jurisdiction for the offense out of
which the seizure arose, then and in that event the proceeds shall
be returned to such that person.
SEC. 13. Section 12161 of the Fish and Game Code is amended to
read:
12161. The judge before whom any person is tried for taking,
possessing, selling, importing, or transporting birds, mammals, fish,
reptiles, or amphibia aquaculture animals
and products, plants, or amphibians or parts thereof contrary
to the laws of this state shall upon the conviction of the accused
make an order forfeiting and disposing of the birds, mammals, fish,
reptiles, or amphibia aquaculture animals and
products, plants, or amphibians, or parts thereof ,
in accordance with the provisions of Section 12160. However, if the
birds, mammals, fish, reptiles, or amphibia
aquaculture animals and products, plants, or amphibians, or
parts thereof may not be sold lawfully or have a current market value
of less than one hundred dollars ($100), the judge may at his
discretion order that they be donated to a state, county, city, or
any charitable institution, or that they be destroyed.
SEC. 14. Section 8670.3 of the Government Code is amended to read:
8670.3. Unless the context requires otherwise, the following
definitions shall govern the construction of this chapter:
(a) "Administrator" means the administrator for oil spill response
appointed by the Governor pursuant to Section 8670.4.
(b) (1) "Best achievable protection" means the highest level of
protection that can be achieved through both the use of the best
achievable technology and those manpower levels, training procedures,
and operational methods that provide the greatest degree of
protection achievable. The administrator's determination of which
measures provide the best achievable protection shall be guided by
the critical need to protect valuable coastal resources and marine
waters, while also considering all of the following:
(A) The protection provided by the measure.
(B) The technological achievability of the measure.
(C) The cost of the measure.
(2) The administrator shall not use a cost-benefit or
cost-effectiveness analysis or any particular method of analysis in
determining which measures provide the best achievable protection.
The administrator shall instead, when determining which measures
provide best achievable protection, give reasonable consideration to
the protection provided by the measures, the technological
achievability of the measures, and the cost of the measures when
establishing the requirements to provide the best achievable
protection for coastal and marine resources.
(c) (1) "Best achievable technology" means that technology that
provides the greatest degree of protection, taking into consideration
both of the following:
(A) Processes that are being developed, or could feasibly be
developed anywhere in the world, given overall reasonable
expenditures on research and development.
(B) Processes that are currently in use anywhere in the world.
(2) In determining what is the best achievable technology pursuant
to this chapter, the administrator shall consider the effectiveness
and engineering feasibility of the technology.
(d) "Dedicated response resources" means equipment and personnel
committed solely to oil spill response, containment, and cleanup that
are not used for any other activity that would adversely affect the
ability of that equipment and personnel to provide oil spill response
services in the timeframes for which the equipment and personnel are
rated.
(e) "Director" means the Director of Fish and Game.
(f) "Environmentally sensitive area" means an area defined
pursuant to the applicable area contingency plans, as created and
revised by the Coast Guard and the administrator.
(g) "Inland spill" means a release of at least one barrel (42
gallons) of oil into inland waters that is not authorized by any
federal, state, or local governmental entity.
(h) "Inland waters" means waters of the state other than marine
waters, but not including groundwater.
(i) "Local government" means a chartered or general law city, a
chartered or general law county, or a city and county.
(j) (1) "Marine facility" means any facility of any kind, other
than a tank ship or tank barge, that is or was used for the purposes
of exploring for, drilling for, producing, storing, handling,
transferring, processing, refining, or transporting oil and is
located in marine waters, or is located where a discharge could
impact marine waters unless the facility is either of the following:
(A) Subject to Chapter 6.67 (commencing with Section 25270) or
Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the
Health and Safety Code.
(B) Placed on a farm, nursery, logging site, or construction site
and does not exceed 20,000 gallons in a single storage tank.
(2) For the purposes of this chapter, "marine facility" includes a
drill ship, semisubmersible drilling platform, jack-up type drilling
rig, or any other floating or temporary drilling platform.
(3) For the purposes of this chapter, "marine facility" does not
include a small craft refueling dock.
(k) (1) "Marine terminal" means any marine facility used for
transferring oil to or from a tank ship or tank barge.
(2) "Marine terminal" includes, for purposes of this chapter, all
piping not integrally connected to a tank facility, as defined in
subdivision (m) of Section 25270.2 of the Health and Safety Code.
(l) "Marine waters" means those waters subject to tidal influence,
and includes the waterways used for waterborne commercial vessel
traffic to the Port of Sacramento and the Port of Stockton.
(m) "Mobile transfer unit" means a small marine fueling facility
that is a vehicle, truck, or trailer, including all connecting hoses
and piping, used for the transferring of oil at a location where a
discharge could impact marine waters.
(n) "Nondedicated response resources" means those response
resources identified by an Oil Spill Response Organization for oil
spill response activities that are not dedicated response resources.
(o) "Nonpersistent oil" means a petroleum-based oil, such as
gasoline , diesel, or jet fuel, that evaporates
relatively quickly and is an oil with hydrocarbon fractions, at least
50 percent of which, by volume, distills at a temperature of 645*
Fahrenheit, and at least 95 percent of which, by volume, distills at
a temperature of 700* Fahrenheit.
(p) "Nontank vessel" means a vessel of 300 gross tons or greater
that carries oil, but does not carry that oil as cargo.
(q) "Oil" means any kind of petroleum, liquid hydrocarbons, or
petroleum products or any fraction or residues therefrom, including,
but not limited to, crude oil, bunker fuel, gasoline, diesel fuel,
aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
liquid distillates from unprocessed natural gas.
(r) "Oil spill cleanup agent" means a chemical, or any other
substance, used for removing, dispersing, or otherwise cleaning up
oil or any residual products of petroleum in, or on, any of the
waters of the state.
(s) "Oil spill contingency plan" or "contingency plan" means the
oil spill contingency plan required pursuant to Article 5 (commencing
with Section 8670.28).
(t) (1) "Oil Spill Response Organization" or "OSRO" means an
individual, organization, association, cooperative, or other entity
that provides, or intends to provide, equipment, personnel, supplies,
or other services directly related to oil spill containment,
cleanup, or removal activities.
(2) A "rated OSRO" means an OSRO that has received a satisfactory
rating from the administrator for a particular rating level
established pursuant to Section 8670.30.
(3) "OSRO" does not include an owner or operator with an oil spill
contingency plan approved by the administrator or an entity that
only provides spill management services, or who provides services or
equipment that are only ancillary to containment, cleanup, or removal
activities.
(u) "Onshore facility" means a facility of any kind that is
located entirely on lands not covered by marine waters.
(v) (1) "Owner" or "operator" means any of the following:
(A) In the case of a vessel, a person who owns, has an ownership
interest in, operates, charters by demise, or leases, the vessel.
(B) In the case of a marine facility, a person who owns, has an
ownership interest in, or operates the marine facility.
(C) Except as provided in subparagraph (D), in the case of a
vessel or marine facility, where title or control was conveyed due to
bankruptcy, foreclosure, tax delinquency, abandonment, or similar
means to an entity of state or local government, a person who owned,
held an ownership interest in, operated, or otherwise controlled
activities concerning the vessel or marine facility immediately
beforehand.
(D) An entity of the state or local government that acquired
ownership or control of a vessel or marine facility, when the entity
of the state or local government has caused or contributed to a spill
or discharge of oil into marine waters.
(2) "Owner" or "operator" does not include a person who, without
participating in the management of a vessel or marine facility, holds
indicia of ownership primarily to protect the person's security
interest in the vessel or marine facility.
(3) "Operator" does not include a person who owns the land
underlying a marine facility or the facility itself if the person is
not involved in the operations of the facility.
(w) "Person" means an individual, trust, firm, joint stock
company, or corporation, including, but not limited to, a government
corporation, partnership, and association. "Person" also includes a
city, county, city and county, district, and the state or any
department or agency thereof, and the federal government, or any
department or agency thereof, to the extent permitted by law.
(x) "Pipeline" means a pipeline used at any time to transport oil.
(y) "Reasonable worst case spill" means, for the purposes of
preparing contingency plans for a nontank vessel, the total volume of
the largest fuel tank on
the nontank vessel.
(z) "Responsible party" or "party responsible" means any of the
following:
(1) The owner or transporter of oil or a person or entity
accepting responsibility for the oil.
(2) The owner, operator, or lessee of, or a person that charters
by demise, a vessel or marine facility, or a person or entity
accepting responsibility for the vessel or marine facility.
(aa) "Small craft" means a vessel, other than a tank ship or tank
barge, that is less than 20 meters in length.
(ab) "Small craft refueling dock" means a waterside operation that
dispenses only nonpersistent oil in bulk and small amounts of
persistent lubrication oil in containers primarily to small craft and
meets both of the following criteria:
(1) Has tank storage capacity not exceeding 20,000 gallons in any
single storage tank or tank compartment.
(2) Has total usable tank storage capacity not exceeding 75,000
gallons.
(ac) "Small marine fueling facility" means either of the
following:
(1) A mobile transfer unit.
(2) A fixed facility that is not a marine terminal, that dispenses
primarily nonpersistent oil, that may dispense small amounts of
persistent oil, primarily to small craft, and that meets all of the
following criteria:
(A) Has tank storage capacity greater than 20,000 gallons but not
more than 40,000 gallons in any single storage tank or storage tank
compartment.
(B) Has total usable tank storage capacity not exceeding 75,000
gallons.
(C) Had an annual throughput volume of over-the-water transfers of
oil that did not exceed 3,000,000 gallons during the most recent
preceding 12-month period.
(ad) "Spill" or "discharge" means a release of at least one barrel
(42 gallons) of oil into marine waters that is not authorized by a
federal, state, or local government entity.
(ae) "State Interagency Oil Spill Committee" means the committee
established pursuant to Article 3.5 (commencing with Section 8574.1)
of Chapter 7.
(af) "California oil spill contingency plan" means the California
oil spill contingency plan prepared pursuant to Article 3.5
(commencing with Section 8574.1) of Chapter 7.
(ag) "Tank barge" means a vessel that carries oil in commercial
quantities as cargo but is not equipped with a means of
self-propulsion.
(ah) "Tank ship" means a self-propelled vessel that is constructed
or adapted for the carriage of oil in bulk or in commercial
quantities as cargo.
(ai) "Tank vessel" means a tank ship or tank barge.
(aj) "Vessel" means a watercraft or ship of any kind, including
every structure adapted to be navigated from place to place for the
transportation of merchandise or persons.
(ak) "Vessel carrying oil as secondary cargo" means a vessel that
does not carry oil as a primary cargo, but does carry oil in bulk as
cargo or cargo residue.
SEC. 15. Section 8670.61.5 of the Government Code is amended to
read:
8670.61.5. (a) For purposes of this chapter, "wildlife
rehabilitation" means those actions that are necessary to fully
mitigate for the damage caused to wildlife, fisheries, wildlife
habitat, and fisheries habitat, including beaches, from a spill or
inland spill.
(b) Responsible parties shall fully mitigate adverse impacts to
wildlife, fisheries, wildlife habitat, and fisheries habitat. Full
mitigation shall be provided by successfully carrying out
environmental projects or funding restoration activities required by
the administrator in carrying out projects complying with the
requirements of this section. Responsible parties are also liable for
the costs incurred by the administrator or other government agencies
in carrying out this section.
(c) If any significant wildlife rehabilitation is necessary, the
administrator may require the responsible party to prepare and submit
to the administrator, and to implement, a wildlife
rehabilitation plan to the administrator . The
plan shall describe the actions that will be implemented to fully
meet the requirements of subdivision (b), describe contingency
measures that will be carried out in the event that any of the plan
actions are not fully successful, provide a reasonable implementation
schedule, describe the monitoring and compliance program, and
provide a financing plan. The administrator shall review and
determine whether to approve the plan within 60 days of submittal.
Before approving a plan, the administrator shall first find that the
implementation of the plan will fully mitigate the adverse impacts to
wildlife, fisheries, wildlife habitat, and fisheries habitat. If the
habitat contains beaches that are or were used for recreational
purposes, the Department of Parks and Recreation shall review the
plan and provide comments to the administrator.
(d) The plan shall place first priority on avoiding and minimizing
any adverse impacts. For impacts that do occur, the plan shall
provide for full onsite restoration of the damaged resource to the
extent feasible. To the extent that full onsite restoration is not
feasible, the plan shall provide for offsite in-kind mitigation to
the extent feasible. To the extent that adverse impacts still have
not been fully mitigated, the plan shall provide for the enhancement
of other similar resources to the extent necessary to meet the
requirements of subdivision (b). In evaluating whether a wildlife
rehabilitation plan is adequate, the administrator may use the
habitat evaluation procedures established by the United States Fish
and Wildlife Service or any other reasonable methods as determined by
the Director of Fish and Game.
(e) The administrator shall prepare regulations to implement this
section. The regulations shall include deadlines for the submittal of
plans. In establishing the deadlines, the administrator shall
consider circumstances such as the size of the spill and the time
needed to assess damage and mitigation.
SEC. 16. Section 8670.67 of the Government Code is amended to
read:
8670.67. (a) Any person who intentionally or negligently does any
of the following acts shall be subject to an administrative civil
penalty for a spill not to exceed two hundred thousand dollars
($200,000), or for an inland spill not to exceed fifty thousand
dollars ($50,000), for each violation as imposed by the administrator
pursuant to Section 8670.68, and each day or partial day that a
violation occurs is a separate violation:
(1) Except as provided in Section 8670.27, fails to follow the
applicable contingency plans or the direction or orders of the
administrator in connection with an oil a
spill or inland spill .
(2) Fails to notify the Coast Guard that a vessel is disabled
within one hour of the disability and the vessel, while disabled,
causes a discharge that enters marine waters or inland waters. For
the purposes of this paragraph, "vessel" means a vessel, as defined
in Section 21 of the Harbors and Navigation Code, of 300 gross
registered tons or more.
(3) Is responsible for a spill or inland spill, unless the
discharge is authorized by the United States, the state, or other
agency with appropriate jurisdiction.
(4) Fails to begin cleanup, abatement, or removal of spilled oil
as required by Section 8670.25.
(b) Except as provided in subdivision (a), any person who
intentionally or negligently violates any provision of this chapter,
or Division 7.8 (commencing with Section 8750) of the Public
Resources Code, or any permit, rule, regulation, standard, cease and
desist order, or requirement issued or adopted pursuant to those
provisions, shall be liable for an administrative civil penalty as
imposed by the administrator pursuant to Section 8670.68, not to
exceed one hundred thousand dollars ($100,000) for each violation of
a separate provision, or, for continuing violations, for each day
that violation continues.
(c) No person shall be liable for a civil penalty imposed under
this section and for a civil penalty imposed pursuant to Section
8670.66 for the same act or failure to act.
SEC. 17. No reimbursement is required by this act pursuant to
Section 6 of Article XIII 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 B of the California
Constitution.