Amended in Assembly June 20, 2016

Amended in Senate May 31, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1287

Introduced by Senator McGuire

(Coauthors: Assembly Members Achadjian, Levine, and Wood)

February 19, 2016

An act to amend Sections begin insert 5654, end insert 8276.5, 8279.1, and 9002.5 begin delete of end delete begin insert of, and to amend and renumber Section 7715 of, end insert the Fish and Game Code, begin insert and to amend Section 131052 of the Health and Safety Code, end insert relating to begin delete commercial end delete fishing.

LEGISLATIVE COUNSEL’S DIGEST

SB 1287, as amended, McGuire. begin delete Commercial fishing: Dungeness crab. end delete begin insert Fishing. end insert

begin insert

(1) Existing law authorizes the Director of Fish and Wildlife to order the closure of any waters or otherwise restrict the taking under a commercial fishing license in state waters of species of fish if the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines that the species or subspecies of fish is likely to pose a human health risk from high levels of toxic substances. The closure or restriction is required to be adopted by emergency regulation, as specified. Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under the code, is generally a misdemeanor.

end insert begin insert

This bill would expand this authority to all fishing. The bill would remove the requirement that the closure or restriction be adopted by emergency regulation and would instead exempt a closure or restriction from the Administrative Procedure Act. By expanding the scope of a crime, this bill would impose a state-mandated local program.

end insert begin delete

(1)

end delete

begin insert ( end insert begin insert 2) end insert  Existing law regulates the Dungeness crab fishery and requires the Director of Fish and Wildlife to adopt a program for Dungeness crab trap limits for all California permits. The program requires participants to pay a $5 crab trap tag fee and a $1,000 crab trap limit fee on a biennial basis, as provided, and requires a Dungeness crab trap that is fished to contain a trap tag that is fastened to the main buoy, and an additional tag attached to the trap. Existing law makes the program inoperative on April 1, 2019.

This bill would require the department to issue a waiver from the biennial crab trap tag fee to a participant who is unable to fish due to mandatory military service, as provided. The bill would authorize a vessel to transit state waters with Dungeness crab traps that are not marked in the above-described manner if traps contain either valid Oregon or Washington tags, no crab is onboard the vessel, and the traps are not deployed in state waters.

begin delete

(2)

end delete

begin insert ( end insert begin insert 3) end insert  Existing law prohibits a person from using any vessel to take Dungeness crab for commercial purposes without a Dungeness crab vessel permit. Existing law prohibits a person from taking Dungeness crab for commercial purposes from a vessel in specified ocean waters for 30 days after the opening of the Dungeness crab fishing season if the opening of the season has been delayed in those waters and that person has taken, possessed, or landed Dungeness crab in other specified waters prior to that opening. Existing law requires the Fish and Game Commission to revoke the Dungeness crab vessel permit of any person who violates these provisions. Existing law makes these provisions inoperative on April 1, 2019.

This bill would limit the 30-day start prohibition to a situation in which a person uses the same vessel that was used to take Dungeness crab in specified waters before the delayed opening of the season in the areas subject to the prohibition.

begin delete

(3)

end delete

begin insert ( end insert begin insert 4) end insert  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. Existing law, until April 1, 2019, authorizes the department, in consultation with the Dungeness crab task force, to develop regulations as necessary to provide for the retrieval of lost or abandoned commercial crab traps.

This bill would require the department, as part of the above-described regulations, to establish a retrieval permit program that would grant a person who obtains a retrieval permit the authority to retrieve during the closed season of the Dungeness crab commercial fishery lost or abandoned Dungeness crab traps belonging to another person and to receive compensation for that retrieval on a per trap basis. The bill would require the department to establish a fee to be charged to a Dungeness crab vessel permitholder for each trap belonging to the permitholder that is retrieved through the program. The bill would prohibit the department from renewing a Dungeness crab vessel permit until any fee imposed pursuant to the program has been paid.

begin insert

(5) 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) The Dungeness crab task force supports the Department of
Fish and Wildlife issuing citations for abandoning traps in the
ocean and for fishing during the closed season of the Dungeness
crab commercial fishery in addition to charging fees for the
retrieval of Dungeness crab traps pursuant to the program
established by this act.

(2) The commercial Dungeness crab fishing industry does not
tolerate strings of gear left in the ocean after the season closes.
The program established by this act will provide an incentive to
retrieve traps from the ocean.

(3) Establishing this program will help reduce the risk of whale
entanglements in commercial Dungeness crab fishing gear.

(4) The program established pursuant to this act should be
efficient and begin delete cost-effective, end delete begin insert cost effective, end insert and should utilize entities
in addition to the Department of Fish and Wildlife, including
nongovernmental organizations, to help implement the program.

(b) This act shall be known and may be cited as the Whale
Protection and Crab Gear Retrieval Act.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 5654 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

5654.  

(a) (1) Notwithstanding Section begin delete 7715 end delete begin insert 5523 end insert 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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 7715 of the end insert begin insert Fish and Game Code end insert begin insert is amended
and renumbered to read: end insert

begin delete 7715. end delete

begin insert 5523. end insert   

(a) If the Director of Environmental Health Hazard
Assessment, in consultation with the State begin delete Director of Health
Services, end delete begin insert Public Health Officer, end insert determines, based on thorough
and adequate scientific evidence, that any species or subspecies
of fish is likely to pose a human health risk from high levels of
toxic substances, the Director of Fish and begin delete Game end delete begin insert Wildlife end insert may order
the closure of any waters or otherwise restrict the taking begin delete under a
commercial fishing license end delete in state waters of that species. begin delete Any
such closure or restriction order shall be adopted by emergency
regulation in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. end delete

(b)  begin delete Any closure or restriction pursuant to subdivision (a) shall
become inoperative when end delete begin insert (1) end insert begin insert   end insert begin insert When end insert the Director of Environmental
Health Hazard Assessment, in consultation with the State begin delete Director
of Health Services, end delete begin insert Public Health Officer, end insert determines that a health
risk no longer begin delete exists. Upon making such a determination, end delete begin insert exists, end insert
the Director of Environmental Health Hazard Assessment shall
notify the Director of Fish and begin delete Game end delete begin insert Wildlife end insert and shall request
that begin delete those end delete begin insert any end insert waters begin insert closed pursuant to subdivision (a) end insert be
reopened for begin delete commercial fishing. end delete begin insert fishing and any restrictions
imposed pursuant to subdivision (a) be lifted. end insert

begin insert

(2) Upon receiving the notification and request pursuant to
paragraph (1), the Director of Fish and Wildlife shall open any
waters closed pursuant to subdivision (a) and lift any restrictions
imposed pursuant to subdivision (a) in a manner that promotes a
fair and orderly fishery.

end insert begin insert

(c) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to
actions taken pursuant to this section.

end insert

begin delete SEC. 2. end delete

begin insert SEC. 4. end insert   

Section 8276.5 of the Fish and Game Code is amended
to read:

8276.5.  

(a) In consultation with the Dungeness crab task force,
or its appointed representatives, the director shall adopt a program,
by March 31, 2013, for Dungeness crab trap limits for all California
permits. Unless the director finds that there is consensus in the
Dungeness crab industry that modifications to the following
requirements are more desirable, with evidence of consensus,
including, but not limited to, the record of the Dungeness crab task
force, the program shall include all of the following requirements:

(1) The program shall contain seven tiers of Dungeness crab
trap limits based on California landings receipts under California
permits between November 15, 2003, and July 15, 2008, as follows:

(A) The 55 California permits with the highest California
landings shall receive a maximum allocation of 500 trap tags.

(B) The 55 California permits with the next highest California
landings to those in subparagraph (A) shall receive a maximum
allocation of 450 trap tags.

(C) The 55 California permits with the next highest California
landings to those in subparagraph (B) shall receive a maximum
allocation of 400 trap tags.

(D) The 55 California permits with the next highest California
landings to those in subparagraph (C) shall receive a maximum
allocation of 350 trap tags.

(E) The 55 California permits with the next highest California
landings to those in subparagraph (D) shall receive a maximum
allocation of 300 trap tags.

(F) The remaining California permits with the next highest
California landings to those in subparagraph (E), which are not
described in paragraph (1) or (2) of subdivision (g) of Section
8276.4, shall receive a maximum allocation of 250 trap tags.

(G) The California permits described in paragraphs (1) and (2)
of subdivision (g) of Section 8276.4 shall receive a maximum
allocation of 175 tags. The tags in this tier shall not be transferable
for the first two years of the program.

(2) Notwithstanding paragraph (1), the director shall not remove
a permitholder from a tier described in paragraph (1), if, after an
allocation is made pursuant to paragraph (1), an appeal pursuant
to paragraph (8) places a permitholder in a tier different than the
original allocation.

(3) Participants in the program shall meet all of the following
requirements:

(A) Unless a participant receives a waiver pursuant to paragraph
(4), pay a biennial fee for each trap tag issued pursuant to this
section to pay the pro rata share of costs of the program, including,
but not limited to, informing permitholders of the program,
collecting fees, acquiring and sending trap tags to permitholders,
paying for a portion of enforcement costs, and monitoring the
results of the program. The fee shall not exceed five dollars ($5)
per trap, per two-year period. All of the trap tags allocated to each
permit pursuant to subdivision (a) shall be purchased by the
permitholder or the permit shall be void.

(B) Purchase a biennial crab trap limit permit of not more than
one thousand dollars ($1,000) per two-year period to pay for the
department’s reasonable regulatory costs.

(C) Not lease a crab trap tag, and transfer a tag only as part of
a transaction to purchase a California permitted crab vessel.

(D) A Dungeness crab trap that is fished shall contain a trap tag
that is fastened to the main buoy, and an additional tag provided
by the permitholder attached to the trap. The department shall
mandate the information that is required to appear on both buoy
and trap tags.

(4) The department shall issue a participant a waiver from the
biennial fee for each trap tag described in subparagraph (A) of
paragraph (3) if the participant is unable to fish due to mandatory
military service and the participant submits a request for a waiver
to the department at the same time that the participant renews the
permit issued pursuant to subparagraph (B) of paragraph (3). A
participant who receives a waiver pursuant to this paragraph shall
not apply to the department to fish for Dungeness crab during the
first year of the waiver, but may apply to fish for Dungeness crab
during the second year of the waiver if the participant pays the full
cost of the biennial fee for each trap tag. The department shall not
limit the number of times a participant may request a waiver.

(5) Notwithstanding subparagraph (D) of paragraph (3), a vessel
may transit state waters with Dungeness crab traps that are not
tagged pursuant to subparagraph (D) of paragraph (3) if the traps
contain either a valid Oregon or Washington trap tag, no crab
species are onboard the vessel, and the traps are not deployed in
state waters.

(6) The department shall annually provide an accounting of all
costs associated with the crab trap limit program. The department
shall use excess funds collected to reduce the cost of the crab trap
limit permit fee or tag fee in subsequent years of the program.

(7) Permitholders may replace lost tags by application to the
department and payment of a fee not to exceed the reasonable costs
incurred by the department. The department may waive or reduce
a fee in the case of catastrophic loss of tags.

(8) (A) Any Dungeness crab permitholder may submit to the
director an appeal of a trap tag allocation received pursuant to this
section, by March 31, 2014, on a permit-by-permit basis for the
purpose of revising upward or downward any trap tag allocation.
Any appeal to revise upward a trap tag allocation shall be based
on evidence that a permit’s California landings during the period
between November 15, 2003, and July 15, 2008, inclusive, were
reduced as a result of unusual circumstances and that these
circumstances constitute an unfair hardship, taking into account
the overall California landings history as indicated by landing
receipts associated with the permit. The director shall initiate the
appeal process within 12 months of receiving an appeal request.
The appeal shall be heard and decided by an administrative law
judge of the Office of Administrative Hearings, whose decision
shall constitute the final administrative decision. Except as
provided in subparagraph (B), any Dungeness crab permitholder
requesting an appeal to revise upward the permitholder’s trap tag
allocation shall pay all expenses, including a nonrefundable filing
fee, as determined by the department, to pay for the department’s
reasonable costs associated with the appeal process described in
this paragraph.

(B) Any Dungeness crab permitholder requesting an appeal may
apply to the administrative law judge for a waiver of the appeal
fees. In making the determination, the administrative law judge
may only consider medical hardship or military service occurring
during the tier qualifying window period of November 15, 2003,
through July 15, 2008.

(C) An appeal to revise downward a trap tag allocation shall be
decided by the department.

(b) (1) In addition to criminal penalties authorized by law, a
violation of the requirements of the program created pursuant to
this section shall be subject to the following civil penalties:

(A) Conviction of a first offense shall result in a fine of not less
than two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000) per illegal trap or fraudulent tag.

(B) Conviction of a second offense shall result in a fine of not
less than five hundred dollars ($500) and not more than two
thousand five hundred dollars ($2,500) per illegal trap or fraudulent
tag, and the permit may be suspended for one year.

(C) Conviction of a third offense shall result in a fine of not less
than one thousand dollars ($1,000) and not more than five thousand
dollars ($5,000) per illegal trap or fraudulent tag, and the permit
may be permanently revoked.

(2) The severity of a penalty within the ranges described in this
subdivision shall be based on a determination whether the violation
was willful or negligent and other factors.

(3) The portion of monetary judgments for noncompliance that
are paid to the department shall be deposited in the Dungeness
Crab Account created pursuant to subdivision (e).

(c) For the purposes of this section, a proposed recommendation
that receives an affirmative vote of at least 15 of the non-ex officio
members of the Dungeness crab task force may be transmitted to
the director or the Legislature as a recommendation, shall be
considered to be the consensus of the task force, and shall be
considered to be evidence of consensus in the Dungeness crab
industry. Any proposed recommendation that does not receive a
vote sufficient to authorize transmittal to the director or Legislature
as a recommendation shall be evidence of a lack of consensus by
the Dungeness crab task force, and shall be considered to be
evidence of a lack of consensus in the crab industry.

(d) (1) The director shall submit a proposed program pursuant
to this section to the Dungeness crab task force for review, and
shall not implement the program until the task force has had 60
days or more to review the proposed program and recommend any
proposed changes. The director may implement the program earlier
than 60 days after it is submitted to the Dungeness crab task force
for review, if recommended by the task force.

(2) After the program is implemented pursuant to paragraph
(1), the director may modify the program, if consistent with the
requirements of this section, after consultation with the Dungeness
crab task force or its representatives and after the task force has
had 60 days or more to review the proposed modifications and
recommend any proposed changes. The director may implement
the modifications earlier than 60 days after it is sent to the
Dungeness crab task force for review, if recommended by the task
force.

(e) The Dungeness Crab Account is hereby established in the
Fish and Game Preservation Fund and the fees collected pursuant
to this section shall be deposited in that account. The money in
the account shall be used by the department, upon appropriation
by the Legislature, for administering and enforcing the program.

(f) For purposes of meeting the necessary expenses of initial
organization and operation of the program until fees may be
collected, or other funding sources may be received, the department
may borrow money as needed for these expenses from the council.
The borrowed money shall be repaid within one year from the fees
collected or other funding sources received. The council shall give
high priority to providing funds or services to the department, in
addition to loans, to assist in the development of the program,
including, but not limited to, the costs of convening the Dungeness
crab task force, environmental review, and the department’s costs
of attending meetings with task force members.

(g) (1) It is the intent of the Legislature that the department,
the council, and the Dungeness crab task force work with the
Pacific States Marine Fisheries Commission and the Tri-state
Dungeness Crab Commission to resolve any issues pertaining to
moving the fair start line south to the border of California and
Mexico.

(2) For the purposes of this subdivision, the resolution of issues
pertaining to the fair start line shall be limited to assessing the
positive and negative implications of including District 10 in the
tri-state agreement, including working with the Tri-state Dungeness
Crab Commission to amend Oregon and Washington laws to
include District 10 in the regular season fair start clause, and
discussion of providing different rules for District 10 with regard
to preseason quality testing.

(h) For purposes of this section, “council” means the Ocean
Protection Council established pursuant to Section 35600 of the
Public Resources Code.

(i) 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.

begin delete SEC. 3. end delete

begin insert SEC. 5. end insert   

Section 8279.1 of the Fish and Game Code is amended
to read:

8279.1.  

(a) A person shall not take, possess onboard, or land
Dungeness crab for commercial purposes from a 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 same vessel was used to take, possess onboard, or land
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) A person shall not take, possess onboard, or land Dungeness
crab for commercial purposes from a 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 same vessel was used to take, possess onboard, or land
Dungeness crab for commercial purposes in Oregon or Washington
prior to the opening of the season in California.

(c) A person shall not take, possess onboard, or land Dungeness
crab for commercial purposes from a 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 same vessel was used to take, possess onboard, or land
Dungeness crab for commercial purposes in California prior to the
opening of the season in ocean waters off Oregon or Washington.

(d) A person shall not take, possess onboard, or land Dungeness
crab for commercial purposes from a 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 same vessel was used to take, possess onboard, or land
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 does not constitute a misdemeanor.
Pursuant to Section 7857, the commission shall revoke the
Dungeness crab vessel permit that was issued for use on the vessel
that was used in violation of this section.

(f) 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.

begin delete SEC. 4. end delete

begin insert SEC. 6. end insert   

Section 9002.5 of the Fish and Game Code is amended
to read:

9002.5.  

(a) Notwithstanding Section 9002, the department, in
consultation with the Dungeness crab task force, shall develop
regulations as necessary to provide for the retrieval of lost or
abandoned commercial crab traps.

(b) (1) As part of the regulations adopted pursuant to
subdivision (a), the department shall establish a retrieval permit
program that facilitates the removal of lost or abandoned crab gear
in an efficient and cost-effective manner consistent with all of the
following:

(A) The department shall establish a retrieval permit that grants
a person who obtains a retrieval permit the authority to retrieve
during the closed season of the Dungeness crab commercial fishery
lost or abandoned Dungeness crab traps belonging to another
person and to receive compensation for that retrieval on a per trap
basis from the revenue generated by the fee established pursuant
to subparagraph (B).

(B) The department shall establish a fee to be charged to a
Dungeness crab vessel permitholder for each trap belonging to the
permitholder that is retrieved through the program. The department
shall set the fee at a level sufficient to cover the reasonable
regulatory costs associated with the program and to provide
reasonable compensation to a retrieval permitholder on a per trap
basis. The reasonable regulatory costs associated with the program
include, but are not limited to, administrative costs, storage costs,
and costs associated with disposing unusable traps or traps whose
owner cannot be identified.

(C) The department may use entities in addition to the
department, including, but not limited to, nongovernmental
organizations, to help implement the program.

(D) A Dungeness crab trap shall not be returned to the owner
of the trap until the owner has paid the fee established pursuant to
subparagraph (B).

(E) The department shall not renew a Dungeness crab vessel
permit until any fee imposed pursuant to subparagraph (B) has
been paid.

(2) The department may adopt additional requirements necessary
to implement the program described in this subdivision.

(3) The department shall submit the proposed program
developed pursuant to this subdivision to the Dungeness crab task
force for review, and shall not implement the program until the
task force has had 60 days or more to review the proposed program
and recommend any proposed changes. The director may
implement the program earlier than 60 days after it is submitted
to the Dungeness crab task force for review, if recommended by
the task force.

(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.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 131052 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

131052.  

In implementing the transfer of jurisdiction pursuant
to this article, the State Department of Public Health succeeds to
and is vested with all the statutory duties, powers, purposes,
responsibilities, and jurisdiction of the former State Department
of Health Services as they relate to public health as provided for
or referred to in all of the following provisions of law:

(1) Sections 550, 555, 650, 680, 1241, 1658, 2221.1, 2248.5,
2249, 2259, 2259.5, 2541.3, 2585, 2728, 3527, 4017, 4027, 4037,
4191, 19059.5, 19120, 22950, 22973.2, and 22974.8 of the
Business and Professions Code.

(2) Sections 56.17, 1812.508, and 1812.543 of the Civil Code.

(3) Sections 8286, 8803, 17613, 32064, 32065, 32066, 32241,
49030, 49405, 49414, 49423.5, 49452.6, 49460, 49464, 49565,
49565.8, 49531.1, 56836.165, and 76403 of the Education Code.

(4) Sections 405, 6021, 6026, 18963, 30852, 41302, and 78486
of the Food and Agricultural Code.

(5) Sections 307, 355, 422, 7572, 7574, 8706, 8817, and 8909
of the Family Code.

(6) Sections 217.6, 1507, 1786, 4011, begin insert 5523, end insert 5671, 5674, 5700,
5701, 5701.5, begin delete 7715, end delete and 15700 of the Fish and Game Code.

(7) Sections 855, 51010, and 551017.1 of the Government Code.
For purposes of subdivision (s) of Section 6254 of the Government
Code, the term “State Department of Health Services” is hereby
deemed to refer to the State Department of Public Health.

(8) (A) Sections 475, 1180.6, 1418.1, 1422.1, 1428.2, 1457,
1505, 1507.1, 1507.5, 1570.7, 1599.2, 1599.60, 1599.75, 1599.87,
2002, 2804, 11362.7, 11776, 11839.21, 11839.23, 11839.24,
11839.25, 11839.26, 11839.27, 11839.28, 11839.29, 11839.30,
11839.31, 11839.32, 11839.33, 11839.34, 17920.10, 17961,
18897.2, 24185, 24186, 24187, 24275, 26101, 26122, 26134,
26155, 26200, and 26203.

(B) Chapters 1, 2, 2.05, 2.3, 2.35, 2.4, 3.3, 3.9, 3.93, 3.95, 4,
4.1, 4.5, 5, 6, 6.5, 8, 8.3, 8.5, 8.6, 9, and 11 of Division 2.

(C) Articles 2 and 4 of Chapter 2, Chapter 3, and Chapter 4 of
Part 1, Part 2 and Part 3 of Division 101.

(D) Division 102, including Sections 102230 and 102231.

(E) Division 103, including Sections 104145, 104181, 104182,
104182.5, 104187, 104191, 104192, 104193, 104316, 104317,
104318, 104319, 104320, 104321, 104324.2, 104324.25, 104350,
105191, 105251, 105255, 105280, 105340, and 105430.

(F) Division 104, including Sections 106615, 106675, 106770,
108115, 108855, 109282, 109910, 109915, 112155, 112500,
112650, 113355, 114460, 114475, 114650, 114710, 114850,
114855, 114985, 115061, 115261, 115340, 115736, 115880,
115885, 115915, 116064, 116183, 116270, 116365.5, 116366,
116375, 116610, 116751, 116760.20, 116825, 117100, 117924,
and 119300.

(G) Division 105, including Sections 120262, 120381, 120395,
120440, 120480, 120956, 120966, 121155, 121285, 121340,
121349.1, 121480, 122410, and 122420.

(H) Part 1, Part 2 excluding Articles 5, 5.5, 6, and 6.5 of Chapter
3, Part 3 and Part 5 excluding Articles 1 and 2 of Chapter 2, Part
7, and Part 8 of Division 106.

(9) Sections 799.03, 10123.35, 10123.5, 10123.55, 10123.10,
10123.184, and 11520 of the Insurance Code.

(10) Sections 50.8, 142.3, 144.5, 144.7, 147.2, 4600.6, 6307.1,
6359, 6712, 9009, and 9022 of the Labor Code.

(11) Sections 4018.1, 5008.1, 7501, 7502, 7510, 7511, 7515,
7518, 7530, 7550, 7553, 7575, 7576, 11010, 11174.34, and 13990
of the Penal Code.

(12) Section 4806 of the Probate Code.

(13) Sections 15027, 25912, 28004, 30950, 41781.1, 42830,
43210, 43308, 44103, and 71081 of the Public Resources Code.

(14) Section 10405 of the Public Contract Code.

(15) Sections 883, 1507, and 7718 of the Public Utilities Code.

(16) Sections 18833, 18838, 18845.2, 18846.2, 18847.2, 18863,
30461.6, 43010.1, and 43011.1 of the Revenue and Taxation Code.

(17) Section 11020 of the Unemployment Insurance Code.

(18) Sections 22511.55, 23158, 27366, and 33000 of the Vehicle
Code.

(19) Sections 5326.9, 5328, 5328.15, 14132, 16902, and 16909,
and Division 24 of the Welfare and Institutions Code. Payment
for services provided under the Family Planning, Access, Care,
and Treatment (Family PACT) Waiver Program pursuant to
subdivision (aa) of Section 14132 and Division 24 shall be made
through the State Department of Health Care Services. The State
Department of Public Health and the State Department of Health
Care Services may enter into an interagency agreement for the
administration of those payments. This paragraph, to the extent
that it applies to the Family PACT Waiver Program, shall become
inoperative on June 30, 2012.

(20) Sections 13176, 13177.5, 13178, 13193, 13390, 13392,
13392.5, 13393.5, 13395.5, 13396.7, 13521, 13522, 13523, 13528,
13529, 13529.2, 13550, 13552.4, 13552.8, 13553, 13553.1, 13554,
13554.2, 13816, 13819, 13820, 13823, 13824, 13825, 13827,
13830, 13834, 13835, 13836, 13837, 13858, 13861, 13862, 13864,
13868, 13868.1, 13868.3, 13868.5, 13882, 13885, 13886, 13887,
13891, 13892, 13895.1, 13895.6, 13895.9, 13896, 13896.3,
13896.4, 13896.5, 13897, 13897.4, 13897.5, 13897.6, 13898,
14011, 14012, 14015, 14016, 14017, 14019, 14022, 14025, 14026,
14027, and 14029 of the Water Code.

begin insert

begin insert SEC. 8. end insert   

end insert begin insert

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.

end insert