BILL NUMBER: SB 1287 CHAPTERED
BILL TEXT
CHAPTER 542
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2016
APPROVED BY GOVERNOR SEPTEMBER 23, 2016
PASSED THE SENATE AUGUST 29, 2016
PASSED THE ASSEMBLY AUGUST 25, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY JUNE 29, 2016
AMENDED IN ASSEMBLY JUNE 20, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator McGuire
(Coauthors: Assembly Members Achadjian, Levine, and Wood)
FEBRUARY 19, 2016
An act to amend Sections 5654, 8276.5, 8279.1, and 9002.5 of, and
to amend and renumber Section 7715 of, the Fish and Game Code, and to
amend Section 131052 of the Health and Safety Code, relating to
fishing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1287, McGuire. Fishing.
(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 any 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.
This bill would expand this authority to all fishing. The bill
would require the Director of Fish and Wildlife, after ordering the
closure of any waters or restricting the taking of any species of
fish, to notify the Fish and Game Commission and request that the
commission schedule a public discussion of the closure or restriction
at its next scheduled full meeting. 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.
(2) 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 the traps contain either
valid Oregon or Washington tags, no crab is onboard the vessel, and
the traps are not deployed in state waters.
(3) 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.
(4) 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.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(6) This bill would incorporate additional changes in Section
131052 of the Health and Safety Code, proposed by SB 1473, to be
operative only if SB 1473 and this bill are chaptered and become
effective on or before January 1, 2017, and this bill is chaptered
last.
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 cost effective, 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.
SEC. 2. Section 5654 of the Fish and Game Code is amended to read:
5654. (a) (1) Notwithstanding Section 5523 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 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. 3. Section 7715 of the Fish and Game Code is amended and
renumbered to read:
5523. (a) (1) If the Director of Environmental Health Hazard
Assessment, in consultation with the State Public Health Officer,
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
Wildlife may order the closure of any waters or otherwise restrict
the taking in state waters of that species.
(2) After the Director of Fish and Wildlife orders the closure of
any waters or restricts the taking of any species of fish pursuant to
paragraph (1), he or she shall notify the commission and request
that the commission schedule a public discussion of the closure or
restriction at its next scheduled full commission meeting.
(b) (1) When the Director of Environmental Health Hazard
Assessment, in consultation with the State Public Health Officer,
determines that a health risk no longer exists, the Director of
Environmental Health Hazard Assessment shall notify the Director of
Fish and Wildlife and shall request that any waters closed pursuant
to subdivision (a) be reopened for fishing and any restrictions
imposed pursuant to subdivision (a) be lifted.
(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.
(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.
SEC. 4. 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.
SEC. 5. 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.
SEC. 6. 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.
SEC. 7. Section 131052 of the Health and Safety Code is amended to
read:
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, 5523, 5671, 5674, 5700,
5701, 5701.5, 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.
SEC. 7.5. Section 131052 of the Health and Safety Code is amended
to read:
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 1786, 4011, 5523, 5671, 5674, 5700, 5701, 5701.5,
7115, 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.
SEC. 8. 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.
SEC. 9. Section 7.5 of this bill incorporates amendments to
Section 131052 of the Health and Safety Code proposed by both this
bill and Senate Bill 1473. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2017,
(2) each bill amends Section 131052 of the Health and Safety Code,
and (3) this bill is enacted after Senate Bill 1473, in which case
Section 7 of this bill shall not become operative.