BILL NUMBER: AB 1442 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
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, 1345, 1348, 2003, 3004, 3050, 4011,
5654, 7149.45, 8035, 8036, 8276.4, 8280.6,
8405.4, 12002.1, 12159, 12160, and 12161 of, and to add Sections 859
and 2011.5 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 amended, 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 of Fish and Game 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 of Fish and Game to issue
collectible, commemorative licenses to any person for purposes of
promoting and supporting licensed hunting and resource conservation.
(3) Existing law requires the Wildlife Conservation Board to
investigate, study, and determine which streams and lakes are
suitable for, or can be made suitable for, fishing, hunting, and
shooting.
This bill would require the board to determine which streams and
lakes are suitable for, or can be made suitable for, fishing and
hunting. The bill would require the Department of Fish and Game, in
determining which areas are suitable for fishing and hunting, to take
into consideration areas of the state where public access and
opportunity for fishing and hunting are most needed.
(4) Existing law authorizes the Wildlife Conservation Board to
authorize the Department of Fish and Game to lease degraded potential
wildlife habitat real property for specified purposes to nonprofit
organizations or public agencies if the lessee agrees to restore the
real property to its highest possible wildlife habitat value and
maintain the real property at that value.
This bill would authorize the board, during the period of lease,
to require that the real property be open to the public for
compatible wildlife-dependent recreational opportunities.
(5) Existing law makes it unlawful to discharge any firearm or
release any arrow or crossbow bolt over or across any public road or
way.
This bill would make it unlawful to discharge any firearm or
release any arrow or crossbow bolt over or across any public road or
other established way. The bill would, except as specified, make it
unlawful for a person to remove a collar from a hunting dog, as
defined, without possessing written permission from the dog's owner
allowing the removal of the collar.
(6) Existing law authorizes the Department of Fish and Game to
issue a permit to authorize a person to offer a prize or other
inducement as a reward for the taking of any game fish, as provided.
This bill would authorize the department to issue a permit to
authorize a person to offer a prize or other inducement as a reward
for the taking of any game species.
(7) 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.
(8) Under existing law, it is unlawful for any person to fish with
2 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 2 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 2 rods can be used.
(9) 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.
(10) Existing law requires the Department of Fish and Game 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.
(11) Existing law requires the Ocean Protection Council to make a
grant, upon appropriation by the Legislature, for the development and
administration of a Dungeness crab task force, with membership as
prescribed. Existing law requires the task force, among other things,
to review and evaluate Dungeness crab management measures, with the
objective of making recommendations related to Dungeness crab to the
Joint Committee on Fisheries and Aquaculture, the Department of Fish
and Game, and the Fish and Game Commission by January 15, 2010. The
task force would cease to exist on January 1, 2011.
This bill would require the council to develop and administer the
Dungeness crab task force, and would classify certain members as
nonvoting members.
(12)
(11) 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 of Fish and Game. 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, 2015, and would repeal those provisions on January 1, 2016.
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.
(13)
(12) Existing law provides that the taking of a mammal
or bird by a person for which a hunting license or tag, seal, or
stamp is required without the person having in his or her possession
the required license, tag, seal, or stamp is punishable by a fine of
not less than $250 or more than $2,000 or as a misdemeanor, or both.
Existing law authorizes a court to reduce the fine to $50 if the
person produces in court a license, tag, or stamp issued to the
person and valid at the time of the person's arrest.
This bill instead would authorize a court to reduce the charge to
an infraction punishable by a fine of not less than $50 and not more
than $250 if the person produces in court a license, tag, seal, or
stamp issued to the person and valid at the time of the person's
arrest.
(14)
(13) The Lempert-Keene-Seastrand Oil Spill Prevention
and Response Act (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.
(15)
(14) The act defines "nonpersistent oil" to mean a
petroleum-based oil, such as gasoline, diesel, or jet fuel, that has
specified characteristics.
This bill would delete diesel from that provision.
(16)
(15) Existing law requires the Department of Fish and
Game 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.
(17)
(16) 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. 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.
(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 1345 of the Fish and Game Code is amended to read:
1345. (a) The board shall investigate, study, and determine what
areas within the State are most essential and suitable for wildlife
production and preservation, and will provide suitable recreation;
and shall ascertain and determine what lands within the State are
suitable for game propagation, game refuges, bird refuges, waterfowl
refuges, game farms, fish hatcheries, game management areas, and what
streams and lakes are suitable for, or can be made suitable for
fishing and hunting.
(b) In determining which areas are suitable for fishing and
hunting, the board, in consultation with the department, shall take
into consideration areas of the state where public access and
opportunity for fishing and hunting are most needed.
SEC. 4. Section 1348 of the Fish and Game Code is amended to read:
1348. (a) The board shall authorize the acquisition of such real
property, rights in real property, water, or water rights as may be
necessary to carry out the purposes of this chapter. The board may
authorize acquisition by the department, but the department shall not
acquire any of such property by eminent domain proceedings except
such property as may be necessary to provide access roads or
rights-of-way to areas to be used for fishing the coastal waters of
the Pacific Ocean, and then only if the board of supervisors of the
affected county has agreed by resolution to those proceedings for
each parcel of land, and has further agreed by resolution to maintain
the road or right-of-way. The board may authorize acquisition by the
State Public Works Board, which may effect acquisitions pursuant to
the Property Acquisition Law, Part 11 (commencing with Section 15850)
of Division 3 of Title 2 of the Government Code.
(b) For the purposes of this chapter and Chapter 4.1 (commencing
with Section 1385), the board may authorize the acquisition of
interests in real property and water rights by means of gifts,
purchases, leases, easements, the transfer or exchange of property
for other property of like value, transfers of development rights or
credits, and purchases of development rights, conservation easements,
and other interests.
(c) To further implement this chapter and Chapter 4.1 (commencing
with Section 1385), the board may authorize the department to do any
of the following:
(1) Accept federal grants and receive gifts, donations,
subventions, rents, royalties, and other financial support from
public or private sources. Proceeds received from any of these
sources shall be deposited in the Wildlife Restoration Fund.
(2) Notwithstanding any other provision of law, lease, sell,
exchange, or otherwise transfer any real property, interest in real
property, or option acquired by or held under the jurisdiction of the
board or the department. Except as provided in Section 1355,
proceeds from transactions entered into pursuant to this paragraph
shall be deposited in the Wildlife Restoration Fund.
(3) Lease degraded potential wildlife habitat real property to
nonprofit organizations, local governmental agencies, or state and
federal agencies if the lessee agrees to restore the real property to
its highest possible wildlife habitat value and maintain the real
property at that highest possible wildlife habitat value. If
feasible, during the period of lease, the board may require that the
real property be open to the public for compatible wildlife-dependent
recreational opportunities. Proceeds from any lease or rental and
interest thereon shall be deposited in the Wildlife Restoration Fund.
(4) Acquire former wildlife habitat real property, including
riparian habitat real property, restore and sell the real property,
or any interest therein, to private owners, local governmental
agencies, or state departments and agencies or exchange the property
for other real property, if a written and recorded agreement is first
secured to keep and maintain the real property as wildlife habitat
in perpetuity. The agreement shall contain a reversion if the real
property sold or exchanged is not maintained as wildlife habitat. The
agreement containing the reversion shall be set forth in any
conveyance transferring any real property, interest in real property,
or option subject to this section. Proceeds from the sales shall be
deposited in the Wildlife Restoration Fund.
SEC. 5. Section 2003 of the Fish and Game Code is amended to read:
2003. (a) Except as specified in subdivisions (b), (c), and (d),
it is unlawful to offer any prize or other inducement as a reward for
the taking of any game birds, mammals, fish, reptiles, or amphibians
in an individual contest, tournament, or derby.
(b) The department may issue a permit to any person authorizing
that person to offer a prize or other inducement as a reward for the
taking of any game species, as defined by the commission by
regulation, if it finds that there would be no detriment to the
resource. The permit is subject to regulations adopted by the
commission. The application for the permit shall be accompanied by a
fee in the amount determined by the department as necessary to cover
the reasonable administrative costs incurred by the department in
issuing the permit. However, the department may waive the permit fee
if the contest, tournament, or derby is for persons under the age of
16 years, or who are physically or mentally challenged, and the
primary purpose of the contest, tournament, or derby is to introduce
or educate them about fishing or hunting. All permits for which the
fee is waived pursuant to this subdivision shall comply with all
other requirements set forth in this section.
(c) This section does not apply to any person conducting what are
generally known as frog-jumping contests or fish contests conducted
in waters of the Pacific Ocean.
(d) This section does not apply to any person conducting an
individual contest, tournament, or derby for the taking of game birds
and mammals, if the total value of all prizes or other inducements
is less than five hundred dollars ($500) for the individual contest,
tournament, or derby.
SEC. 6. Section 2011.5 is added to the Fish and Game Code, to
read:
2011.5. (a) It is unlawful for a person to remove from a hunting
dog any collar, including an electronic or radio transmitting device,
without possessing written permission from the dog's owner allowing
the removal of the collar.
(b) As used in this section, "hunting dog" means a dog in the
field actively engaged in the taking of mammals or birds, or a dog
actively being trained for the taking of mammals or birds, that is
located in an area where mammals or birds can be taken, at that time
and place, in accordance with existing law.
(c) This section does not apply to a law enforcement officer or an
animal control officer in the performance of his or her duty, or to
a person who is assisting an injured dog.
(d) Nothing in this section authorizes trespass for the purpose of
retrieving a hunting dog.
SEC. 7. Section 3004 of the Fish and Game Code is amended to read:
3004. (a) It is unlawful for any person, other than the owner,
person in possession of the premises, or a person having the express
permission of the owner or person in possession of the premises, to
hunt or to discharge while hunting, any firearm or other deadly
weapon within 150 yards of any occupied dwelling house, residence, or
other building or any barn or other outbuilding used in connection
therewith. The 150-yard area is a "safety zone."
(b) It is unlawful for any person to intentionally discharge any
firearm or release any arrow or crossbow bolt over or across any
public road or other established way open to the public, in an unsafe
manner.
SEC. 8. Section 3050 of the Fish and Game Code is amended to read:
3050. (a) A hunting license 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. 9. 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 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. 10. 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 (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. 11. 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. 12. Section 8035 of the Fish and Game Code is amended to
read:
8035. (a) Except for a person exempt under Section 8030, 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:
(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. 13. 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. 14. Section 8276.4 of the Fish and Game
Code is amended to read:
8276.4. (a) The Ocean Protection Council shall, through its
chairperson, develop and administer a Dungeness crab task force with
membership as follows:
(1) Two members representing sport fishing interests.
(2) Two members representing crab processing interests.
(3) One member representing commercial passenger fishing vessel
interests.
(4) Two nonvoting members representing nongovernmental
organization interests.
(5) One nonvoting representative of Sea Grant.
(6) Two nonvoting members representing the department.
(7) Seventeen members representing commercial fishery interests,
elected by licensed persons possessing valid Dungeness crab permits
in their respective ports and production levels, as follows:
(A) Four members from Crescent City.
(B) One member from Trinidad.
(C) Two members from Eureka.
(D) Two members from Fort Bragg.
(E) Two members from Bodega Bay.
(F) Two members from San Francisco.
(G) Two members from Half Moon Bay.
(H) One member from ports south of Half Moon Bay.
(I) One member who has a valid California nonresident crab permit.
(b) For ports with more than one representative, elected members
and their alternates shall represent both the upper and lower, and in
some cases middle, production levels. Production levels shall be
based on the average landing during the previous five years, of valid
crab permitholders who landed a minimum of 25,000 pounds of crab
during the same period.
(c) The Dungeness crab task force shall do all of the following:
(1) Under the guidance of a professional facilitator hired by the
Ocean Protection Council for this purpose, review and evaluate
Dungeness crab management measures with the objective of making
recommendations to the Joint Committee on Fisheries and Aquaculture,
the department, and the commission no later than January 15, 2010.
(2) Make recommendations, including, but not limited to, the need
for a permanent Dungeness crab advisory committee, refining sport and
commercial Dungeness crab management, establishing a Dungeness crab
marketing commission, and the need for statutory changes to
accomplish task force objectives.
(3) In considering Dungeness crab management options, prioritize
the review of pot limit restriction options, harvest allocation,
current and future sport and commercial fishery effort, season
modifications, essential fishery information needs, and short- and
long-term objectives for improved management.
(d) The task force may establish subcommittees of specific user
groups from the task force membership to focus on issues specific to
sport fishing, commercial harvest, or crab processing. The
subcommittees shall report their recommendations, if any, to the task
force.
(e) The Ocean Protection Council may fund department staffing
costs, as well as task force participant travel.
(f) 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 task force members.
(g) The task force shall cease to exist on January 1, 2011.
(h) Eligibility to take crab in California 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:
(1) A person holds a Dungeness crab permit with landings of less
than 5,000 pounds between November 15, 2003, and July 15, 2008,
inclusive.
(2) A person has purchased a Dungeness crab permit on or after
July 15, 2008, from a permitholder who landed less than 5,000 pounds
between November 15, 2003, and July 15, 2008, inclusive.
(i) This section shall remain in effect only until January 1,
2011, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2011, deletes or extends that
date, or it is rendered inoperative by commission regulations.
SEC. 15. SEC. 14. 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, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 16. SEC. 15. Section 8405.4 of
the Fish and Game Code is amended to read:
8405.4. This article shall become inoperative on April 1, 2015,
and as of January 1, 2016, is repealed, unless a later enacted
statute that is enacted before January 1, 2016, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 17. SEC. 16. Section 12002.1 of
the Fish and Game Code is amended to read:
12002.1. (a) Notwithstanding Section 12002, the punishment for
taking a mammal or bird for which a hunting license issued pursuant
to Section 3031 is required or a tag, seal, or stamp
is required, including a deer tag issued
pursuant to Section 3407, without having in one's possession the
required valid license, or without having in one's possession any
required tag, seal, or stamp, or when the taking of that mammal or
bird is prohibited by allowable season, limit, time, or area, is
punishable by a fine of not less than two hundred fifty dollars
($250) or more than two thousand dollars ($2,000), or imprisonment in
the county jail for not more than one year, or by both that fine and
imprisonment, or by any greater punishment prescribed by this code.
(b) If a person is charged with an offense described in
subdivision (a) and produces in court a license, tag, seal, or stamp,
issued to the person and valid at the time of the person's arrest
and if the taking was otherwise lawful with respect to season, limit,
time, and area, the court may reduce the charge to an infraction
punishable by a fine of not less than fifty dollars ($50) and not
more than two hundred fifty dollars ($250).
SEC. 18. SEC. 17. Section 12159 of
the Fish and Game Code is amended to read:
12159. All birds, mammals, fish, reptiles, 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, aquaculture animals and products, plants, or
amphibians, or any part thereof, at the time of the seizure if that
person is known.
SEC. 19. SEC. 18. Section 12160 of
the Fish and Game Code is amended to read:
12160. All birds, mammals, fish, reptiles, 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, 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,
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 that person.
SEC. 20. SEC. 19. 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, 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, 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, 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. 21. SEC. 20. 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 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. 22. SEC. 21. 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. 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. 23. SEC. 22. 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 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. 24. SEC. 23. 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.