BILL NUMBER: AB 1442 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 15, 2009
AMENDED IN SENATE JUNE 28, 2009
AMENDED IN SENATE JUNE 15, 2009
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 1345, 1348, 1796, 2003, 3004,
4011, 5654, 7149.45, 8035, 8036, 8276.2, 8276.3, 8279.1, 8280.1,
8280.2, 8280.3, 8280.4, 8280.5, 8280.6, 8405.4, 12002.1, 12159,
12160, and 12161 of, and to add Sections 392, 393, 859, 860, 1050.8,
2011.5, 2020, and 12014 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 provides for reciprocal agreements with adjoining
states with regard to fishing rights and law enforcement.
This bill would authorize the Director of Fish and Game, or a
designated representative, to enter into reciprocal operational
agreements with authorized representatives of any Oregon, Nevada, or
Arizona state law enforcement agency to promote expeditious and
effective law enforcement service to the public, and assistance
between the members of the department and those agencies, in areas
adjacent to the borders of this state and each of the adjoining
states. The bill would deem any regularly employed law enforcement
officer of an Oregon, Nevada, or Arizona state law enforcement agency
a peace officer in this state, if specified conditions are met.
(2) 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.
(3) 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. Existing law requires each person 16 years of
age or older who takes fish, reptiles, or amphibia in California to
apply for, and be granted a fishing license and requires any person
who applies for a fishing license to meet specified requirements.
This bill would authorize the department to issue collectible,
commemorative licenses to any person for the purposes of promoting
and supporting licensed hunting, fishing, and resource conservation.
The bill would authorize the department to issue and sell fish and
game warden stamps to support fish and game wardens.
(4) 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.
(5) 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.
(6) The Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act
of 1993 provides for the establishment of wetlands mitigation bank
sites to increase the total wetlands acreage and values within the
Sacramento-San Joaquin Valley. The act prohibits bank sites from
being qualified under the act on or after January 1, 2010.
This bill would extend that date to January 1, 2015.
(6)
(7) Under existing law, except as expressly provided
otherwise, any violation of the Fish and Game Code, or of any rule,
regulation, or order made or adopted under the code, is a
misdemeanor.
This bill would provide that it is unlawful to violate specific
regulations adopted by the department and the commission, thereby
imposing a state-mandated local program by creating new crimes.
(7)
(8) Existing law makes it unlawful to intentionally
discharge any firearm or release any arrow or crossbow bolt
over or across any public road or way open to the public, in an
unsafe manner .
This bill would make it unlawful 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 and reckless manner . 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.
(8)
(9) 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.
(9)
(10) 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.
(10)
(11) 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.
(11)
(12) 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.
(12)
(13) Existing law regulates the Dungeness crab fishery
and, among other things, permits the Director of the Department of
Fish and Game to delay the opening of the fishery in specified
situations and regulates the taking of crab during those delays.
Existing law sets forth the qualifications for a Dungeness crab
vessel permit, and provides that no person shall use a vessel to
take, possess, or land Dungeness crab for commercial purposes without
a Dungeness crab vessel permit. Existing law sets forth requirements
for the issuance, transfer, and revocation of a Dungeness crab
vessel permit, and specifies that the department shall charge a fee
for each Dungeness crab vessel permit. Existing law requires the
director to convene a Dungeness crab review panel for the purpose of
reviewing permits and application transfers. 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.
Because this bill would extend the operation of the Dungeness crab
permit program 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)
(14) 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 thereby the crimes imposed for a violation of
those provisions, the bill would create a state-mandated local
program by creating new crimes.
(14)
(15) 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.
(15)
(16) Under existing law, the violation of certain
provisions of the code are subject to administrative penalties.
This bill would authorize the department, after the expiration of
the time period to appeal an administrative penalty, to apply to the
clerk of the appropriate court for a judgment to collect the
administrative civil penalty.
(16)
(17) 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.
(17)
(18) 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.
(18)
(19) 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.
(19)
(20) 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 392 is added to the Fish and Game Code, to
read:
392. (a) The director, or a designated representative, may enter
into reciprocal operational agreements with authorized
representatives of any Oregon, Nevada, or Arizona state law
enforcement agency, including, but not limited to, the Oregon State
Police, the Nevada Department of Wildlife, and the Arizona Game and
Fish Department, to promote expeditious and effective law enforcement
service to the public, and assistance between the members of the
department and those agencies, in areas adjacent to the borders of
this state and each of the adjoining states pursuant to Section 393.
(b) The reciprocal operational agreement shall be in writing and
may cover the reciprocal exchange of law enforcement services,
resources, facilities, and any other necessary and proper matters
between the department and the respective agency.
(c) Any agreement shall specify all of the following:
(1) The involved departments, divisions, or units of the agencies.
(2) The duration and purpose of the agreement.
(3) Responsibility for damages.
(4) The method of financing any joint or cooperative undertaking.
(5) The methods to be employed to terminate an agreement.
(d) The director may establish operational procedures in
implementation of any reciprocal operational agreement that are
necessary to achieve the purposes of the agreement.
SEC. 2. Section 393 is added to the Fish and Game Code, to read:
393. (a) Any regularly employed law enforcement officer of an
Oregon, Nevada, or Arizona state law enforcement agency, including,
but not limited to, the Oregon State Police, the Nevada Department of
Wildlife, or the Arizona Game and Fish Department, is a peace
officer in this state if all of the following conditions are met:
(1) The officer is providing, or attempting to provide, law
enforcement services within this state, within a distance of up to 50
statute miles of the contiguous border of this state and the state
employing the officer, or within waters offshore of this state in the
Exclusive Economic Zone.
(2) The officer is providing, or attempting to provide, law
enforcement services pursuant to either of the following:
(A) In response to a request for services initiated by a member of
the department.
(B) In response to a reasonable belief that emergency law
enforcement services are necessary for the preservation of life, and
a request for services by a member of the Department of Fish and Game
is impractical to obtain under the circumstances. In those
situations, the officer shall obtain authorization as soon as
practical.
(3) The officer is providing, or attempting to provide, law
enforcement services for the purpose of assisting a member of the
Department of Fish and Game in response to misdemeanor or felony
criminal activity, pursuant to the authority of a peace officer as
provided in subdivision (e) of Section 830.2 of the Penal Code, or,
in the event of emergency incidents or other similar public safety
problems, whether or not a member of the department is present at the
scene of the event.
(4) An agreement pursuant to Section 392 is in effect between the
Department of Fish and Game and the agency of the adjoining state
employing the officer, the officer acts in accordance with that
agreement, and the agreement specifies that the officer and employing
agency of the adjoining state shall be subject to the same civil
immunities and liabilities as a peace officer and his or her
employing agency in this state.
(5) The officer receives no separate compensation from this state
for providing law enforcement services within this state.
(6) The adjoining state employing the officer confers similar
rights and authority upon a member of the department who renders
assistance within that state.
(b) Notwithstanding any other provision of law, any person who is
acting as a peace officer in this state in the manner described in
this section shall be deemed to have met the requirements of Section
1031 of the Government Code and the selection and training standards
of the Commission on Peace Officer Standards and Training if the
officer has completed the basic training required for peace officers
in his or her state.
(c) A peace officer of an adjoining state shall not provide
services within a California jurisdiction during any period in which
officers of the department are involved in a labor dispute that
results in a formal work slowdown or stoppage.
SEC. 3. 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 fifteen thousand dollars ($15,000) shall require approval of the
Department of Finance.
SEC. 4. Section 860 is added to the Fish and Game Code, to read:
860. The department may offer for sale a fish and game warden
stamp to be designed and produced as the department may determine.
The fish and game warden stamp may be purchased on a voluntary basis
from the department or a licensed agent authorized pursuant to
Section 1055.1 for a donation of not less than five dollars ($5.00).
The department may also design an electronic version of the fish and
game warden stamp to be offered through the Automated License Data
System. There shall be no indication on any license or permit of the
purchase of a warden stamp. All revenues from sales under this
section shall be deposited in the Fish and Game Warden Stamp Account
which is hereby created in the Fish and Game Preservation Fund to
permit separate accountability for the receipt and expenditure of
these funds. Funds deposited in the Fish and Game Warden Stamp
Account shall used, upon appropriation, to support the department's
fish and game wardens.
SEC. 5. Section 1050.8 is added to the Fish and Game Code, to
read:
1050.8. (a) The department may issue collectible, commemorative
licenses to any person for purposes of promoting and supporting
licensed hunting, fishing, and resource conservation, subject to all
of the following:
(1) A commemorative license may be designed and produced as the
department may determine and shall be clearly marked and identified
as a commemorative license, rendering it invalid for the take of any
mammal, bird, fish, reptile, or amphibian.
(2) A commemorative license shall not confer any rights,
privileges, or other entitlements to any person purchasing or in
possession of such a license.
(3) Subdivision (a) of Section 1052, Section 1053, Article 2
(commencing with Section 3031) of Chapter 1 of Part 1 of Division 4,
and Article 3 (commencing with Section 7145) of Chapter 1 of Part 2
of Division 6 do not apply to the purchase of a commemorative
license. A commemorative license shall not qualify as evidence
required in subdivision (a) of Section 3050.
(b) All funds derived from the sale of commemorative licenses
shall be deposited in the Fish and Game Preservation Fund.
SEC. 6. 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. 7. Section 1348 of the Fish and Game Code is amended to read:
1348. (a) The board shall authorize the acquisition of 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 property pursuant to this subdivision by eminent domain
proceedings except that 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. 8. Section 1796 of the Fish and
Game Code is amended to read:
1796. No bank site shall be qualified under Section 1785 on or
after January 1, 2010 2015 .
SEC. 8. SEC. 9. 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. 9. SEC. 10. 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.
SEC. 10. SEC. 11. Section 2020 is
added to the Fish and Game Code, to read:
2020. It is unlawful to violate any provision of Division 1
(commencing with Section 1.04) of Title 14 of the California Code of
Regulations. Violation of such a provision may be charged as a
violation of this section or of the specific section of Title 14
provision, and shall be punishable as provided in Section 12000.
SEC. 11. SEC. 12. 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
and reckless manner.
SEC. 12. SEC. 13. 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. 13. SEC. 14. 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. 14. SEC. 15. 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. 15. SEC. 16. 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. 16. SEC. 17. Section 8036 of the
Fish and Game Code is amended to read:
8036. (a) Any person who purchases or receives fish that 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. 17. SEC. 18. Section 8276.2 of
the Fish and Game Code is amended to read:
8276.2. (a) The director may order a delay in the opening of the
Dungeness crab fishery after December 1 in Districts 6, 7, 8, and 9
in any year. The delay in the opening shall not be later than January
15 of any year.
(b) On or about November 1 of each year, the director may
authorize one or more operators of commercial fishing vessels to take
and land a limited number of Dungeness crab for the purpose of
quality testing according to a testing program conducted by, or on
behalf of, the Pacific States Marine Fisheries Commission or an
entity approved by the department. The department shall not approve a
testing program unless it is funded by the entity authorized to
conduct the testing program. Crab taken pursuant to this section
shall not be sold; however, any edible crabmeat recovered from the
crabs tested shall not be wasted and may be used for charitable
purposes.
(c) The director shall order the opening of the Dungeness crab
season in Districts 6, 7, 8, and 9 on December 1 if the quality tests
authorized in subdivision (b) indicate the Dungeness crabs are not
soft-shelled or low quality. The entity authorized to conduct the
approved testing program may test, or cause to be tested, crabs taken
for quality and soft shells pursuant to the approved testing
program. If the tests are conducted on or about November 1 and result
in a finding that Dungeness crabs are soft-shelled or low quality,
the director shall authorize a second test to be conducted on or
about November 15 pursuant to the approved testing program. If the
second test results in a finding that Dungeness crabs are
soft-shelled or low quality, the director may order the season
opening delayed for a period of 15 days and may authorize a third
test to be conducted on or about December 1. If the third test
results in a finding that Dungeness crabs remain soft-shelled or of
low quality, the director may order the season opening delayed for a
period of an additional 15 days and authorize a fourth test to be
conducted. This procedure may continue to be followed, except that no
tests shall be conducted after January 1 for that season, and the
season opening shall not be delayed by the director later than
January 15.
(d) 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. 18. SEC. 19. Section 8276.3 of
the Fish and Game Code is amended to read:
8276.3. (a) If there is any delay ordered by the director
pursuant to Section 8276.2 in the opening of the Dungeness crab
fishery in Districts 6, 7, 8, and 9, a vessel may not take or land
crab within Districts 6, 7, 8, and 9 during any closure.
(b) If there is any delay in the opening of the Dungeness crab
season pursuant to Section 8276.2, the opening date in Districts 6,
7, 8, and 9 shall be preceded by a 36-hour gear setting period, as
ordered by the director.
(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. 19. SEC. 20. Section 8279.1 of
the Fish and Game Code is amended to read:
8279.1. (a) No person shall take, possess onboard, or land
Dungeness crab for commercial purposes from any vessel in ocean
waters in District 6, 7, 8, or 9 for 30 days after the opening of the
Dungeness crab fishing season in California, if both of the
following events have occurred:
(1) The opening of the season has been delayed pursuant to state
law in California.
(2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes, from ocean waters outside of District
6, 7, 8, or 9, prior to the opening of the season in those districts.
(b) No person shall take, possess onboard, or land Dungeness crab
for commercial purposes from any vessel in ocean waters south of the
border between Oregon and California for 30 days after the opening of
the Dungeness crab fishing season in California, if both of the
following events have occurred:
(1) The opening of the season has been delayed pursuant to state
law in California.
(2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes in Oregon or Washington prior to the
opening of the season in California.
(c) No person shall take, possess onboard, or land Dungeness crab
for commercial purposes from any vessel in ocean waters north of the
border between Oregon and California for 30 days after the opening of
the Dungeness crab fishing season in Oregon or Washington, if both
of the following events have occurred:
(1) The opening of the season has been delayed in Oregon or
Washington.
(2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes in California prior to the opening of
the season in ocean waters off Oregon or Washington.
(d) No person shall take, possess onboard, or land Dungeness crab
for commercial purposes from any vessel in ocean waters off
Washington, Oregon, or California for 30 days after the opening of
the Dungeness crab fishing season in California, Oregon, or
Washington, if both of the following events have occurred:
(1) The opening of the season has been delayed in Washington,
Oregon, or California.
(2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes in either of the two other states prior
to the delayed opening in the ocean waters off any one of the three
states.
(e) A violation of this section shall not constitute a
misdemeanor. Pursuant to Section 7857, the commission shall revoke
the Dungeness crab vessel permit held by any person who violates this
section.
(f) 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. 20. SEC. 21. Section 8280.1 of
the Fish and Game Code is amended to read:
8280.1. (a) No person shall use a vessel to take, possess, or
land Dungeness crab for commercial purposes using Dungeness crab
traps authorized pursuant to Section 9011, unless the owner of that
vessel has a Dungeness crab vessel permit for that vessel that has
not been suspended or revoked. This section does not apply to a
commercially registered fishing vessel when it is being used solely
to assist a permitted vessel transport or set traps.
(b) A Dungeness crab vessel permit may be issued only to the
following persons for use on qualifying vessels:
(1) A person, who has a commercial fishing license issued pursuant
to Section 7852 or Article 7 (commencing with Section 8030) of
Chapter 1 that has not been suspended or revoked, who is the owner of
a commercial fishing vessel that has been registered with the
department pursuant to Section 7881 in each of the 1991-92, 1992-93,
and 1993-94 permit years and a minimum of four landings in each of
three Dungeness crab seasons in the period from November 1, 1984, to
April 1, 1994, have been made from that vessel. This paragraph
includes any person purchasing a vessel qualifying pursuant to this
paragraph.
(2) A person who has a commercial fishing license issued pursuant
to Section 7852 or Article 7 (commencing with Section 8030) of
Chapter 1 that has not been suspended or revoked, who is the owner of
a commercial fishing vessel that has been registered with the
department pursuant to Section 7881 in each of the 1991-92, 1992-93,
and 1993-94 permit years and a minimum of four landings in one of the
Dungeness crab seasons in the period from November 1, 1984, to April
1, 1994, have been made from that vessel in this state as documented
by landing receipts delivered to the department pursuant to Section
8046, who the department finds to have been unable, due to illness or
injury or any other hardship, to make a minimum of four landings in
each of two of the previous three Dungeness crab seasons, and who, in
good faith, intended to participate in the Dungeness crab fishery in
those seasons.
(3) A person who has a commercial fishing license issued pursuant
to Section 7852 that has not been suspended or revoked, who meets the
requirements of Section 8101, and who, notwithstanding Section 8101,
is, at the time of application, the owner of a fishing vessel that
is not equipped for trawling with a net and that has been registered
pursuant to Section 7881 in each of the 1991-92, 1992-93, and 1993-94
permit years. Not more than one Dungeness crab vessel permit shall
be issued to any person qualifying under Section 8101 and all permits
issued under Section 8101 shall, notwithstanding paragraph (1) of
subdivision (a) of Section 8280.3, be nontransferable. A person
qualifying for a permit under this paragraph shall have participated
in the Dungeness crab fishery on or before March 31, 1994, as
documented by landing receipts that were prepared in that person's
name for not less than four landings of Dungeness crab taken in a
crab trap in a Dungeness crab season and were delivered to the
department pursuant to Section 8046. No person shall be issued a
permit under this paragraph if that person has been issued a permit
under any other provision of this section for another vessel. For
purposes of Section 8101, "participated in the fishery" means made
not less than four landings of Dungeness crab taken by traps in that
person's name in one Dungeness crab season. The department shall
separately identify permits issued pursuant to this paragraph and
those permits shall become immediately null and void upon the death
of the permittee. The department shall not issue or renew any permit
under this paragraph to a person if the person failed to meet the
participation requirements of four landings in one season prior to
April 1, 1994, or has been issued a Dungeness crab permit for a
vessel under any other paragraph of this subdivision.
(4) A person who has a commercial fishing license issued pursuant
to Section 7852 that has not been suspended or revoked, who meets one
of the following conditions:
(A) The person held a Dungeness crab permit issued pursuant to
Section 8280 as it read on April 1, 1994, and participated in the
Dungeness crab fishery between November 1, 1984, and April 1, 1994,
and is the owner of a vessel that has been registered with the
department in each of the 1991-92, 1992-93, and 1993-94 permit years
but did not make landings or the department records do not indicate a
minimum of four landings per season for three Dungeness crab seasons
from that vessel or in that person's name because of a partnership
or other working arrangement where the person was working aboard
another vessel engaged in the Dungeness crab fishery in California.
(B) The person held a Dungeness crab permit issued under Section
8280 as it read on April 1, 1994, and is the owner of a commercial
fishing vessel that has been registered with the department pursuant
to Section 7881 in each of the 1991-92, 1992-93, and 1993-94 permit
years and from which a minimum of four landings utilizing traps were
made in at least one Dungeness crab season in the period between
November 1, 1984, and April 1, 1994, and from which either four
landings were made utilizing traps or landings in excess of 10,000
pounds were made utilizing traps in each of two other Dungeness crab
seasons in that same period, as documented by landing receipts.
(C) The person held a Dungeness crab vessel permit issued under
Section 8280 as it read on April 1, 1994, or was an officer in a
California corporation that was licensed pursuant to Article 7
(commencing with Section 8030) of Chapter 1 as of April 1, 1994, and
began construction or reconstruction of a vessel on or before January
1, 1992, for the purpose of engaging in the Dungeness crab fishery,
including the purchase of equipment and gear to engage in that
fishery in California. A person may be issued a permit under this
condition only if the person intended in good faith to participate in
the California Dungeness crab fishery, a denial of a permit would
create a financial hardship on that person, and, for purposes of
determining financial hardship, the applicant is a nonresident and
cannot participate with his or her vessel or vessels in the Dungeness
crab fishery of another state because of that state's limited entry
or moratorium on the issuance of permits for the taking of Dungeness
crab.
(5) A person who has a commercial fishing license issued pursuant
to Section 7852 that has not been suspended or revoked, who held a
Dungeness crab permit issued under Section 8280 as it read on April
1, 1994, who made a minimum of four landings of Dungeness crab taken
by traps in each of three Dungeness crab seasons in the period from
November 1, 1984, to April 1, 1994, in his or her name in this state
from a vessel owned by that person, as documented by landing
receipts, who, between April 1, 1991, and January 1, 1995, purchased,
contracted to purchase, or constructed a vessel, not otherwise
qualifying pursuant to paragraph (1), (2), or (4), who has
continuously owned that vessel since its purchase or construction,
and who either (A) has used that vessel for the taking of Dungeness
crab in this state on or before March 31, 1995, as documented by one
or more landing receipts delivered to the department pursuant to
Section 8046, or (B) intended in good faith, based on evidence that
the department and the review panel may require, including investment
in crab gear, to enter that vessel in this state's Dungeness crab
fishery not later than December 1, 1995. Not more than one permit may
be issued to any one person under this paragraph.
(6) A person who held a Dungeness crab permit issued under Section
8280 as it read on April 1, 1994, who made a minimum of four
landings utilizing traps in this state in each of three Dungeness
crab seasons in the period between November 1, 1984, and April 1,
1994, in his or her name from a vessel operated by that person as
documented by landing receipts, who currently does not own a vessel
in his or her name, and who has not sold or transferred a vessel
otherwise qualifying for a permit under this section. A permit may be
issued under this paragraph for a vessel not greater in size than
the vessel from which the previous landings were made, and, in no
event, for a vessel of more than 60 feet in overall length, to be
placed on a vessel that the person purchases or contracts for
construction on or before April 1, 1996. A permit issued under this
paragraph shall be nontransferable and shall not be used for a vessel
not owned by that person, and shall be revoked if the person (A)
fails to renew the permit or annually renew his or her commercial
fishing license issued pursuant to Section 7852 or (B) is or becomes
the owner of another vessel permitted to operate in the Dungeness
crab fishery pursuant to this section.
(c) The department may require affidavits offered under penalty of
perjury from persons applying for permits under subdivision (b) or
from witnesses corroborating the statements of a person applying for
a Dungeness crab vessel permit. Affidavits offered under penalty of
perjury shall be required of an applicant if the department cannot
locate records required to qualify under subdivision (b).
(d) No person shall be issued a Dungeness crab vessel permit under
this section for any vessel unless that person has a valid
commercial fishing license issued pursuant to Section 7852 that has
not been suspended or revoked.
(e) Notwithstanding Section 7852.2 or subdivision (e) of Section
8280.2, the department may issue a Dungeness crab vessel permit that
has not been applied for by the application deadline if the
department finds that the failure to apply was a result of a mistake
or hardship, as established by evidence the department may require,
the late application is made not later than October 15, 1995, and
payment is made by the applicant of a late fee of two hundred fifty
dollars ($250) in addition to all other fees for the permit.
(f) The department may waive the requirement that a person own a
commercial fishing vessel that has been registered with the
department pursuant to Section 7881 in each of the 1991-92, 1992-93,
and 1993-94 permit years for one of those required years under this
section only if the vessel was registered and used in the California
Dungeness crab fishery during the registration year immediately prior
to the year for which the waiver is sought and was registered and
used in the California Dungeness crab fishery after the year for
which the waiver is sought and if the reason for the failure to
register in the year for which the waiver is sought was due to a
death, illness, or injury, or other hardship, as determined by the
review panel, that prevented the vessel from being registered and
operated in the fishery for that registration year.
(g) If any person submits false information for the purposes of
obtaining a Dungeness crab vessel permit under this section, the
department shall revoke that permit, if issued, revoke the person's
commercial fishing license that was issued pursuant to Section 7850
for a period of not less than five years, and revoke the commercial
boat registration for a period of not less than five years of any
vessel registered to that person pursuant to Section 7881 of which
that person is the owner.
(h) 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. 21. SEC. 22. Section 8280.2 of
the Fish and Game Code is amended to read:
8280.2. (a) The owner of a Dungeness crab vessel, for purposes of
this section, may include a person with a bona fide contract for the
purchase of a vessel who otherwise meets all other qualifications
for a Dungeness crab vessel permit. If a contract is found to be
fraudulent or written or entered into for the purposes of
circumventing qualification criteria for the issuance of a permit,
the applicant shall be permanently ineligible for a Dungeness crab
vessel permit.
(b) A Dungeness crab vessel permit shall be issued only to the
person owning the vessel at the time of application for that permit.
No person shall be issued more than one permit for each vessel owned
by that person and qualifying for a permit pursuant to Section
8280.1.
(c) A Dungeness crab vessel permit shall be issued only to the
owner of a vessel taking crab by traps. No permit shall be issued to
the owner of a vessel using trawl or other nets unless the owner of
that vessel qualifies for a permit pursuant to paragraph (1) of
subdivision (b) of Section 8280.1. No trawl or other net vessel
authorized under this code to take Dungeness crab incidental to the
taking of fish in trawl or other nets shall be required to possess a
Dungeness crab vessel permit.
(d) Dungeness crab vessel permits shall not be combined or
otherwise aggregated for the purpose of replacing smaller vessels in
the fishery with a larger vessel, and a permit shall not be divided
or otherwise separated for the purpose of replacing a vessel in the
fishery with two or more smaller vessels.
(e) Applications for renewal of all Dungeness crab vessel permits
shall be received by the department, or, if mailed, postmarked, by
April 30 of each year. In order for a vessel to retain eligibility, a
permit shall be obtained each year subsequent to the initial permit
year and the vessel shall be registered pursuant to Section 7881. The
vessel owner shall have a valid commercial fishing license issued to
that person pursuant to Section 7852 that has not been suspended or
revoked. No minimum landings of Dungeness crab shall be required
annually to be eligible for a Dungeness crab vessel permit.
(f) 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. 22. SEC. 23. Section 8280.3 of
the Fish and Game Code is amended to read:
8280.3. (a) Notwithstanding Article 9 (commencing with Section
8100) of Chapter 1 and except as provided in this section, a
Dungeness crab vessel permit shall not be transferred.
(1) The owner of a vessel to whom a Dungeness crab vessel permit
has been issued shall transfer the permit for the use of that vessel
upon the sale of the vessel by the permitholder to the person
purchasing the vessel. Thereafter, upon notice to the department, the
person purchasing the vessel may use the vessel for the taking and
landing of Dungeness crab for any and all of the unexpired portion of
the permit year, and that person is eligible for a permit pursuant
to Section 8280.1 for the use of that vessel in subsequent years. The
person purchasing the vessel may not transfer the permit for use of
that vessel in the Dungeness crab fishery to another replacement
vessel during the same permit year.
(2) The owner of a vessel to whom the Dungeness crab vessel permit
has been issued may transfer the permit to a replacement vessel of
equivalent capacity, except as specified in this section. Thereafter,
upon notice to the department and payment of the transfer fee
specified in Section 8280.6, the replacement vessel may be used for
the taking and landing of Dungeness crab for any and all of the
unexpired portion of the permit year and that person is eligible for
a permit pursuant to Section 8280.1 for the use of that replacement
vessel in subsequent years.
The owner of a permitted vessel may transfer the permit to a
vessel of greater capacity that was owned by that person on or before
November 15, 1995, not to exceed 10 feet longer in length overall
than the vessel for which the permit was originally issued or to a
vessel of greater capacity purchased after November 15, 1995, not to
exceed five feet longer in length overall than the vessel for which
the permit was originally issued.
The department, upon recommendation of the Dungeness crab review
panel, may authorize the owner of a permitted vessel to transfer the
permit to a replacement vessel that was owned by that person on or
before April 1, 1996, that does not fish with trawl nets that is
greater than five feet longer in length overall than the vessel for
which the permit was originally issued, if all of the following
conditions are satisfied:
(A) A vessel of a larger size is essential to the owner for
participation in another fishery other than a trawl net fishery.
(B) The owner held a permit on or before January 1, 1995, for the
fishery for which a larger vessel is needed and has participated in
that fishery.
(C) The permit for the vessel from which the permit is to be
transferred qualified pursuant to paragraph (1) of subdivision (b) of
Section 8280.1.
(D) The vessel to which the permit is to be transferred does not
exceed 20 feet longer in length overall than the vessel for which the
permit was originally issued and the vessel to which the permit is
to be transferred does not exceed 60 feet in overall length.
No transfer of a permit to a larger vessel shall be allowed more
than one time. If a permit is transferred to a larger vessel, any
Dungeness crab vessel permit for that permit year or any subsequent
permit years for that larger vessel may not be transferred to another
larger vessel. The department shall not thereafter issue a Dungeness
crab vessel permit for the use of the original vessel from which the
permit was transferred, except that the original vessel may be used
to take or land Dungeness crab after that transfer if its use is
authorized pursuant to another Dungeness crab vessel permit
subsequently transferred to that vessel pursuant to this paragraph.
(3) Upon the written approval of the department, the owner of a
vessel to whom the Dungeness crab vessel permit has been issued may
temporarily transfer the permit to another replacement vessel, for
which use in the Dungeness crab fishery is not permitted pursuant to
this section or Section 8280.1, for a period of not more than six
months during the current permit year if the vessel for which the
permit was issued is seriously damaged, suffers major mechanical
breakdown, or is lost or destroyed, as determined by the department,
upon approval of the director. The owner of the vessel shall submit
proof that the department may reasonably require to establish the
existence of the conditions of this paragraph. Upon approval by the
director, the owner of a lost or destroyed vessel granted a six-month
temporary transfer under this section may be granted an additional
six-month extension of the temporary transfer.
(4) Upon written approval of the department, the owner of a vessel
to whom the Dungeness crab vessel permit has been issued may retain
that permit upon the sale of that permitted vessel for the purpose of
transferring the permit to another vessel to be purchased by that
individual within one year of the time of sale of the vessel for
which the permit was originally issued if the requirements of this
section are satisfied, including the payment of transfer fees. If the
permit is not transferred to a new vessel owned by the person to
whom the vessel permit was originally issued within one year of the
sale of the vessel for which it was originally issued, or if the
person does not retain ownership of the new vessel to which the
permit is transferred for a period of not less than one year, the
permit shall be revoked.
(5) In the event of the death or incapacity of a permitholder, the
permit shall be transferred, upon application, to the heirs or
assigns, or to the working partner, of the permitholder, together
with the transfer of the vessel for which the permit was issued, and
the new owner may continue to operate the vessel under the permit,
renew the permit, or transfer the permit upon sale of the vessel
pursuant to paragraph (1).
(b) 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. 23. SEC. 24. Section 8280.4 of
the Fish and Game Code is amended to read:
8280.4. (a) The commission may revoke the commercial fishing
license issued pursuant to Section 7852 of any person owning a
fishing vessel engaging in the taking or landing of Dungeness crab by
traps for which that person has not obtained a Dungeness crab vessel
permit, and the commission may revoke the registration, issued
pursuant to Section 7881, for that vessel.
(b) 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. 24. SEC. 25. Section 8280.5 of
the Fish and Game Code is amended to read:
8280.5. (a) The director shall convene a Dungeness crab review
panel for the purpose of reviewing applications for Dungeness crab
vessel permits pursuant to paragraphs (2) and (4) of subdivision (b)
of Section 8280.1 and applications for permit transfers pursuant to
Section 8280.3 if the department determines that the additional
review and advice of the panel will be helpful in deciding whether to
issue a permit or approve a transfer.
(b) The panel shall consist of one nonvoting representative of the
department and three public voting members selected by the director
to represent the Dungeness crab fishing industry. One public member
shall be licensed pursuant to Article 7 (commencing with Section
8030) of Chapter 1 and active in Dungeness crab processing in this
state. Two public members shall be licensed pursuant to Section 7852,
one from Sonoma County or a county south of Sonoma County, and one
from Mendocino County or a county north of Mendocino County, and
active in the taking and landing of Dungeness crab in this state. The
public members shall be reimbursed for their necessary and proper
expenses to participate on the panel. A public member shall serve on
the panel for not more than four consecutive years.
(c) The panel may conduct its review of applications referred to
it by mail or teleconference.
(d) The panel shall review each application for a permit or permit
transfer referred to it by the department and shall consider all
oral and written evidence presented by the applicant that is
pertinent to the application under review. If the panel recommends
issuance of a permit or approval of the transfer, the department
may issue a Dungeness crab
vessel permit pursuant to Section 8280.1 or approve a permit transfer
pursuant to Section 8280.3.
(e) All appeals of denials of Dungeness crab vessel permits shall
be made to the commission and may be heard by the commission if the
appeal of denial is filed in writing with the commission not later
than 90 days from the date of a permit denial. The commission may
order the department to issue a permit upon appeal if the commission
finds that the appellant qualified for a permit under this chapter.
(f) 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. 25. SEC. 26. 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. 26. SEC. 27. 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. 27. SEC. 28. 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. 28. SEC. 29. Section 12014 is
added to the Fish and Game Code, to read:
12014. After the expiration of the time period to appeal an
administrative penalty imposed pursuant to Section 2301, 2302, 2582,
or 2583, or any other provision of this code, the department may
apply to the clerk of the appropriate court for a judgment to collect
the administrative civil penalty. The application, including a
certified copy of the order imposing the civil penalty, a hearing
officer's decision, if any, or a settlement agreement, if any, shall
constitute a sufficient showing to warrant issuance of the judgment.
The court clerk shall enter the judgment immediately in conformity
with the application. The judgment so entered has the same force and
effect as, and is subject to all the provisions of law relating to, a
judgment in a civil action, and may be enforced in the same manner
as any other judgment of the court in which it is entered.
SEC. 29. SEC. 30. 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. 30. SEC. 31. 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. 31. SEC. 32. 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
or her discretion order that they be donated to a state, county,
city, or any charitable institution, or that they be destroyed.
SEC. 32. SEC. 33. 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 degrees Fahrenheit, and at
least 95 percent of which, by volume, distills at a temperature of
700 degrees 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. 33. SEC. 34. 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. 34. SEC. 35. 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. 35. SEC. 36. 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.