BILL NUMBER: AB 2363	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2012
	AMENDED IN ASSEMBLY  APRIL 17, 2012

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 24, 2012

   An act to amend Sections 8103  , 8280.3, and 8841
  and 8280.3  of, and to add and repeal Section
9002.5 of, the Fish and Game Code, relating to commercial fishing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2363, as amended, Chesbro. Commercial Fishing.
   (1) Existing law relating to limited entry fisheries requires the
Department of Fish and Game to transfer a permit for a limited entry
fishery, upon application, to a parent, spouse, child, or sibling of
a permittee whose death was the result of an accident that occurred
after January 1, 1986.
   This bill would require the department to transfer a permit for a
limited entry fishery, upon application, to a parent, spouse, child,
sibling, domestic partner, or  the estate  
other natural person who is an heir  of a permittee whose death
occurred after January 1, 2010, without reference to the cause of
death.
   (2) Existing law regulating the Dungeness crab fishery permits the
owner of a vessel to whom a Dungeness crab vessel permit has been
issued, upon the written approval of the department, to temporarily
transfer the permit to another replacement vessel for which use in
the Dungeness crab fishery is not permitted, for a period of not more
than 6 months during the current permit year, under specified
circumstances. Existing law also permits the transfer of a permit to
another vessel in the event of loss or destruction of a permitted
vessel, within 2 years after the loss or damage of the original
vessel.
   This bill would require the owner of a vessel to whom a Dungeness
crab vessel permit has been issued to have had Dungeness crab
landings of not less than 5,000 pounds cumulative for the past 2
years. The bill also would require the replacement vessel to be
equivalent in size and capacity, as specified, to the vessel from
which the permit is transferred. 
   (3) Existing law grants the Fish and Game Commission authority
over bottom trawl fisheries not managed under the federal
Magnuson-Stevens Fishery Conservation and Management Act or specified
state law, and specifically grants the commission authority over
listed fisheries. Existing law, except as specified, makes it
unlawful to engage in bottom trawling in ocean waters of the state.
Under existing law, the commission is authorized to authorize
additional fishing areas for bottom trawls only if it makes a
prescribed determination.  
   This bill would authorize the commission, notwithstanding that
provision generally prohibiting bottom trawling in ocean waters of
the state, to authorize additional fishing areas for bottom trawls in
any waters of the state if it makes that prescribed determination.
 
   (4) 
    (3)  Existing law regulating commercial fishing traps
makes it unlawful, except as specified, to willfully or recklessly
disturb, move, or damage any trap that belongs to another person and
that is marked with a buoy identification number.
   This bill would authorize a person holding a commercial fishing
license to retrieve and bring to shore Dungeness crab traps in ocean
waters under specified circumstances. The bill would authorize the
department, in consultation with Dungeness crab permitholders or
their representatives, to establish regulations as necessary to
implement and enforce the trap retrieval provisions. Those provisions
would become inoperative on April 1, 2019, and would be repealed on
January 1, 2020.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8103 of the Fish and Game Code is amended to
read:
   8103.  (a) The Legislature finds and declares as follows:
   (1) The death of a limited entry permittee results in great
hardships on the permittee's family.
   (2) Under the law as it existed immediately prior to January 1,
1987, if a member of the permittee's family has not been actively
working in the fishery, the limited entry permit could not be
transferred to a member of the family, an action that deprives the
family of the opportunity to continue to derive a livelihood from the
fishery and that imposes greater hardships.
   (3) When there is a death of a limited entry permittee, a
transition period is necessary to allow a family member to join the
fishery and to become acclimated, knowledgeable, and experienced in
the fishery.
   (b) Notwithstanding Section 8102, the department shall transfer a
permit for a limited entry fishery, upon application, to a parent,
spouse, child, sibling, domestic partner, or  the estate
  other natural person who is an heir  of a
permittee whose death occurred after January 1, 2010.
   (c) Application for the transfer of a permit pursuant to
subdivision (b) shall be made on or before  January 1, 2011
  July 1, 2013  , or not more than one year after
the death of the permittee, whichever is later.
   (d) The director may authorize another person, when requested by
the new permittee, to serve in the place of the new permittee and to
engage in fishing activities under the authority of the limited entry
permit for not more than two years from the date of the permit
transfer.
  SEC. 2.  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.
   (b) 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 shall not transfer the permit for use
of that vessel in the Dungeness crab fishery to another replacement
vessel during the same permit year.
   (c) 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.
   (d) 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 5 feet longer in length overall than the vessel for which the
permit was originally issued.
   (e) 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:
   (1) A vessel of a larger size is essential to the owner for
participation in another fishery other than a trawl net fishery.
   (2) 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.
   (3) 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.
   (4) 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.
   (f) A transfer of a permit to a larger vessel shall not be allowed
more than one time. If a permit is transferred to a larger vessel,
any Dungeness crab vessel permit for that permit year or any
subsequent permit years for that larger vessel shall not be
transferred to another larger vessel. The department shall not
thereafter issue a Dungeness crab vessel permit for the use of the
original vessel from which the permit was transferred, except that
the original vessel may be used to take or land Dungeness crab after
that transfer if its use is authorized pursuant to another Dungeness
crab vessel permit subsequently transferred to that vessel pursuant
to this paragraph.
   (g) (1) Upon the written approval of the department, the owner of
a vessel to whom the Dungeness crab vessel permit has been issued,
which has had Dungeness crab landings of not less than 5,000 pounds
cumulative for the past two years, may temporarily transfer the
permit to another replacement vessel of equivalent size and capacity
of the vessel, no greater than 10 feet in length, from which the
permit is transferred, 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.
   (2) Notwithstanding subdivision (e) of Section 8280.2, in the
event of loss or destruction of a vessel for which a Dungeness crab
vessel permit was issued, or serious damage that renders the vessel
inoperable, and upon written approval of the department, the owner of
the vessel to whom the permit was issued may retain the permit and
may transfer the permit to another vessel of equivalent size and
capacity of the vessel that was lost or damaged during the period of
two years after the loss or damage of the vessel for which the permit
was originally issued. The owner of the lost or damaged vessel shall
submit proof that the department may reasonably require to establish
the loss or damage of the vessel. If the permit is not transferred
to another vessel owned by the person to whom the vessel permit was
originally issued within two years of the loss or damage, the permit
shall be revoked.
   (h) 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.
   (i) In the event of the death or incapacity of a permitholder, the
permit shall be transferred, upon application, to the heirs or
assigns, or to the working partner, of the permitholder, together
with the transfer of the vessel for which the permit was issued, and
the new owner may continue to operate the vessel under the permit,
renew the permit, or transfer the permit upon sale of the vessel
pursuant to subdivision (b).
   (j) This section shall become inoperative on April 1, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.

  SEC. 3.    Section 8841 of the Fish and Game Code
is amended to read:
   8841.  (a) The commission is hereby granted authority over all
state-managed bottom trawl fisheries not managed under a federal
fishery management plan pursuant to the federal Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.)
or a state fishery management plan pursuant to Part 1.7 (commencing
with Section 7050), to ensure that resources are sustainably managed,
to protect the health of ecosystems, and to provide for an orderly
transition to sustainable gear types in situations where bottom
trawling may not be compatible with these goals.
   (b) The commission is hereby granted authority to manage all of
the following fisheries in a manner that is consistent with this
section and Part 1.7 (commencing with Section 7050):
   (1) California halibut.
   (2) Sea cucumber.
   (3) Ridge-back, spot, and golden prawn.
   (4) Pink shrimp.
   (c) The commission is also granted authority over other types of
gear targeting the same species as the bottom trawl fisheries
referenced in subdivision (a) to manage in a manner that is
consistent with the requirements of Part 1.7 (commencing with Section
7050).
   (d) Every commercial bottom trawl vessel issued a state permit is
subject to the requirements and policies of the federal groundfish
observer program (50 C.F.R. 660.360).
   (e) Notwithstanding subdivision (h), the commission may only
authorize additional fishing areas for bottom trawls in waters of the
state after it determines, based on the best available scientific
information, that bottom trawling in those areas is sustainable, does
not harm bottom habitat, and does not unreasonably conflict with
other users.
   (f) It is unlawful to use roller gear more than eight inches in
diameter.
   (g) Commencing April 1, 2006, it is unlawful to fish commercially
for prawns or pink shrimp, unless an approved bycatch reduction
device is used with each net. On or before April 1, 2006, the
commission shall approve one or more bycatch reduction devices for
use in the bottom trawl fishery. For purposes of this subdivision, a
rigid grate fish excluder device is the approved type of bycatch
reduction device unless the commission, the Pacific Marine Fishery
Management Council, or the National Marine Fisheries Service
determines that a different type of fish excluder device has an equal
or greater effectiveness at reducing bycatch. If the commission does
not approve a bycatch reduction device prior to April 1, 2006, then
a device that is approved by the Pacific Marine Fishery Management
Council or the National Marine Fisheries Service shall be deemed
approved by the commission.
   (h) Except as provided in Section 8495 or 8842, it is unlawful to
engage in bottom trawling in ocean waters of the state.
   (i) This section does not apply to the use of trawl nets pursuant
to a scientific research permit.
   (j) The commission shall facilitate the conversion of bottom
trawlers to gear that is more sustainable if the commission
determines that conversion will not contribute to overcapacity or
overfishing. The commission may participate in, and encourage
programs that support, conversion to low-impact gear or capacity
reduction by trawl fleets. The department shall not issue new permits
to bottom trawlers to replace those retired through a conversion
program.
   (k) As soon as practicable, but not later than May 1, 2005, the
commission and the department shall submit to the Pacific Fishery
Management Council and the National Marine Fisheries Service a
request for federal management measures for the pink shrimp fishery
that the commission and the department determine are needed to reduce
bycatch or protect habitat, to account for uncertainty, or to
otherwise ensure consistency with federal groundfish management.
   (  l  ) No vessel may utilize bottom trawling
gear without a state or federal permit.
   SEC. 4.   SEC. 3.   Section 9002.5 is
added to the Fish and Game Code, to read:
   9002.5.  (a) Notwithstanding Section 9002, any person holding a
commercial fishing license may retrieve and bring to shore any
Dungeness crab trap or traps belonging to any person, where a trap or
traps were lost, abandoned, or are otherwise present in ocean waters
within District 10 between 96 hours after the close of the
commercial Dungeness crab season until 96 hours prior to the next
commercial Dungeness crab season in District 10 and, within Districts
6, 7, 8, and 9, between 96 hours after the close of the commercial
Dungeness crab season until 96 hours prior to the next commercial
Dungeness crab season in Districts 6, 7, 8, and 9. This section does
not apply to traps used for recreational crab fishing.
   (b) The department, in consultation with Dungeness crab
permitholders or their representatives, shall establish regulations
as necessary to implement and enforce this section, including
provisions for the notification of owners of traps retrieved
following the close of the Dungeness crab fishery each year, any
retrieval fee, and the sale or auction of retrieved traps.
   (c) This section shall become inoperative on April 1, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.